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>> GOOD MORNING, EVERYONE.

[00:00:02]

GOOD TO SEE EVERYONE THIS MORNING.

WE'RE GOING TO GET STARTED WITH OUR WORK SESSION GOING THROUGH OUR AGENDA FOR OUR 12 NOON FORMAL SESSION.

TODAY'S INVOCATION WILL BE LED BY LEGISLATOR VINAL.

THE PLEDGE OF ALLEGIANCE WILL BE LED BY LEGISLATOR TODARO.

THERE ARE NO TABLED ITEMS FROM THE PREVIOUS MEETING WILL BE UP FOR RECONSIDERATION.

THERE ARE NO ITEMS FROM THE PREVIOUS FOR RECONSIDERATION.

THE MINUTES FROM THE PREVIOUS MEETING WILL BE UP FOR APPROVAL, AND WE HAVE ONE PUBLIC HEARING, TRANSFER, TAX AND ROAD RESERVE FUND, FEBRUARY 15, 2024 AT 2:00 PM.

MISCELLANEOUS RESOLUTIONS ON PAGE 1 AND PAGE 2 HAS INDICATED THERE ARE NO LOCAL LAWS AT THIS TIME.

COMMITTEE REPORT REPORT NUMBER 3 FROM THE PUBLIC SAFETY COMMITTEE COMMITTEE CHAIR JOHNSON.

>> ALL SET, MADAM CHAIR.

>> THANK YOU. REPORT NUMBER 3 FROM THE ECONOMIC DEVELOPMENT COMMITTEE COMMITTEE CHAIR JOHNSON.

>> WE'RE GOING TO BE ALL SET, BUT WE'RE GOING TO HAVE AN AMENDMENT TO THAT ECONOMIC DEBATE.

AM I CORRECT? WE HAVE AN AMENDMENT TO THAT.

WE'LL DO IT. WE'RE ALL SET.

>> THANK YOU, SIR. LEGISLATIVE RESOLUTIONS INTRO 4-1 FROM LEGISLATOR MEYERS REGARDING CALLING ON US CONGRESS AND THE CITY OF NEW YORK TO REIMBURSE MARYVILLE SCHOOL DISTRICT.

LEGISLATORS, DO YOU HAVE ANY COMMENTS ON THE ITEM? WELL, THIS ITEM WILL BE UP FOR APPROVAL TODAY.

CONTINUING ON WITH OUR AGENDA, INTRO 4-1 FROM LEGISLATORS BARNES AND JOHNSON REGARDING THE AUDIT CORRECTIVE ACTION PLAN REQUIREMENT.

ARE THERE ANY COMMENTS ON THIS ITEM?

>> JUST SO EVERYBODY KNOWS THIS IS CALLING ON THE CONTROLLER TO PUT TOGETHER A PLAN FOR A CORRECTIVE ACTION PLAN FOR EACH DEPARTMENT.

THIS RESOLUTION HERE TODAY IS JUST INSTRUCTING HIM TO PUT SOME GUIDELINES TOGETHER AND TO THEN BRING THEM BACK TO US.

WE WILL HAVE FULL DISCUSSION, A COMMITTEE LEVEL, ABOUT IT.

WE'LL PUT IT IN COMMITTEE.

WE'LL DISCUSS IT AMONGST OURSELVES, WE'LL DISCUSS IT WITH THE CONTROLLER, BUT THIS IS AUTHORIZING HIM TO MOVE FORWARD AND LET'S PUT SOME CORRECTIVE ACTION PLANS IN PLACE.

I THINK WE'VE ALL EXPERIENCED WHAT HAPPENS WHEN AN AUDIT TAKES PLACE IN DEPARTMENTS, AND THERE'S DISAGREEMENTS OR THERE'S NOTHING THAT HAPPENS AFTER THE AUDIT, NOTHING TAKES PLACE, NO CORRECTIVE MEASURES ARE TAKING PLACE.

THIS WILL INSTRUCT THAT DEPARTMENT ON COMING UP WITH A PLAN ON HOW TO CORRECT ANY MISHANDLING OF MONEY OR THEREFORE, IT'S NOT TODAY TO DISCUSS THE BODY OF IT.

WE'RE GOING TO ASK THE CONTROLLER TO DO IT AND THEN WE'LL BRING IT BACK, PUT IT IN COMMITTEE, AND WE'LL HAVE FURTHER DISCUSSION ON IT.

THIS IS SOMETHING WE WANTED TO ADOPT HERE TODAY.

>> THANK YOU, LEGISLATOR.

>> LEGISLATOR JOHNSON.

>> YEAH. MADAM CHAIR, I CONCUR WITH THAT.

I COME FROM A BANKING BACKGROUND AND IN BANKING DEPARTMENTS HAD TO CREATE SELF-AUDITS CONSISTENTLY.

I MEAN, THAT'S A WAY OF CHECKS AND BALANCES AND THAT THERE'S NOTHING IN PLACE, AND THE SECOND PART OF THIS AUDIT IS UNVEILED SOME THINGS THAT I THINK THAT IT'S JUST BEYOND OUR SCOPE OF IMAGINATION WAS HAPPENING, SO I THINK CORRECTIVE ACTION AND CONSISTENT CORRECTIVE ACTION IS THE WAY TO GO HERE BECAUSE WE HAVE TO FIND THAT WHAT'S HAPPENING.

BECAUSE I KNOW IF WE ASKED THE QUESTION, THE REFERENCE TO BE MADE, HEY, WE CAN'T TALK ABOUT THAT NOW BECAUSE IT'S STILL AN ACTIVE INVESTIGATION GOING ON.

BUT I THINK CORRECTIVE ACTION IS A WAY TO START THAT SO WE CAN GET AWAY FROM THAT TYPE OF COMMENTARY. THANK YOU.

>> THANK YOU. CONTINUING ON WITH OUR AGENDA.

COMMUNICATIONS DISCHARGE COMMITTEE COMMUNICATION 2E-1 FROM THE ECONOMIC DEVELOPMENT COMMITTEE REGARDING FROM THE COUNTY'S RESOLUTION TO AUTHORIZE AN ENTRY INTO SECONDARY EXTENSION CONTRACT WITH THE WESTERN NEW YORK LAW CENTER.

PAULETTE CAMPBELL'S HERE TO SPEAK ON THIS ITEM IN EXECUTIVE.

MR. CLERK, ARE YOU GOING TO SPEAK ON THE ITEM AS WELL? OKAY.

>> SURE. JUST AT THE LAST MEETING, THERE WERE SOME QUESTIONS AND THERE WAS A REQUEST FOR PAULETTE TO COME IN AND HER TEAM AND TO PUT TOGETHER A REPORT, WHICH WE'RE HANDING OUT TO THE LEGISLATORS.

THE GOOD NEWS IS I THINK THERE'S SOME REALLY STRONG INFORMATION IN THAT REPORT, AND I THINK LEGISLATOR TODARO ASKED FOR A LIST OF PROPERTIES.

[00:05:03]

NOT ONLY DID WE GIVE A LIST OF THE PROPERTIES THAT WERE WORKED ON BY THE WESTERN LAW CENTER, WE MADE SURE THAT THE PROPERTY WAS ATTACHED TO THE LEGISLATOR, SO YOU KNOW WHAT PROPERTIES WERE WORKED ON ON THEIR BEHALF.

JUST BRIEFLY, AND I'LL LEAVE IT TO THEM.

THEY'RE A VERY HUMBLE GROUP RECENTLY.

THIS WORK HAS BEEN LOOKED ON AS A NATIONAL MODEL THAT WE'RE DOING HERE IN ERIE COUNTY.

AND I'M VERY PROUD THAT NOT ONLY YOU THE LEGISLATURE, BUT WESTERN LAW CENTER HAS BEEN A GOOD TEAM WITH THAT.

PAULLETE AND YOUR TEAM, I'LL LET YOU GIVE THE REPORT.

THANK YOU SO MUCH, CHAIRWOMAN.

>> THANK YOU, MR. CLERK. GOOD MORNING, LADIES.

>> GOOD MORNING.

>> I WILL TURN IT OVER TO GENE WHO IS IN OUR DEPARTMENT.

WE ALSO HAVE JORDAN [INAUDIBLE] WHO IS THE MANAGING ATTORNEY OF OUR HOUSING UNIT.

BUT GENE HAS DEALT DIRECTLY WITH THE PROPERTIES FOR THE PAST COUPLE OF YEARS, SO I WILL TURN IT OVER TO GENE A REPORT.

>> CAN EVERYBODY HEAR ME OKAY? MY NAME IS GENE BLIZZARD.

I'M THE PARALEGAL AND COMMUNITY ENGAGEMENT SPECIALIST ON THE VACANT ABANDONED PROPERTY PROGRAM AT THE WESTERN NEW YORK LAW CENTER.

IN YOUR PACKETS, YOU WILL HAVE RECEIVED A WRITTEN REPORT OF OUR SERVICES FOR 2023 TWO SPREADSHEETS.

ONE, THAT IS A TOTAL SPREADSHEET OF ALL OF THE PROPERTIES THAT WE WORKED ON IN 2023.

THEN THE SECOND ONE IS A BREAKDOWN BY DISTRICT OF SOME OF THE ZOMBIE PROPERTIES.

THE FIRST SECTION TALKS ABOUT THE ACTUAL QUANTITATIVE DATA OF THE REPORT.

WE LOOKED AT RESEARCH ALMOST 500 VACANT PROPERTIES IN 2023, 139 OF THOSE WERE BRAND NEW REPORTS.

WE GET A LOT OF REPEAT REPORTS.

A LOT OF PEOPLE CALLING IN REGULARLY EVERY 2-3 MONTHS ABOUT THE SAME REPORT IN THE SAME PROPERTY IN THEIR COMMUNITY.

THOSE 500 PROPERTIES CREATE A RIPPLE EFFECT IN THE NEIGHBORHOOD.

THEY DON'T JUST AFFECT THAT ONE HOME, THEY AFFECT THE ADJACENT LOT, THE NEIGHBORHOOD, THE COMMUNITY, THE STREET AS A WHOLE, SO IT'S NOT JUST 490 PINPOINT ISSUES.

IT CREATES A LARGER ISSUE FOR THE COMMUNITY IN GENERAL.

THEN THAT IS THE ATTACHMENT 1, THE FULL 490 PROPERTIES.

THEN OF THOSE 490, WE SPLIT BY DISTRICT, THE MORTGAGE ZOMBIES.

WE MAKE A DISTINCTION BETWEEN A VACANT ABANDONED PROPERTY THAT HAS A MORTGAGE VERSUS ONE THAT DOESN'T HAVE A MORTGAGE.

THE REASON THAT WE CHOSE TO SEPARATE THE MORTGAGE PROPERTIES FOR YOU BY DISTRICT IS THOSE ARE THE PROPERTIES WE HAVE THE OPPORTUNITY TO MAKE.

WE HAVE THE VERY CLEAR LEGAL AVENUES TO SEEK COMPLIANCE FOR PROPERTIES THAT ARE DILAPIDATED, FALLING APART UNDER THE ZOMBIE FORECLOSURE LAW.

THEN YOU HAVE THE SUMMARY BY DISTRICT OF THOSE.

WE ALSO REDACTED THE HOUSE NUMBERS JUST BECAUSE WHEN THIS INFORMATION IS SHARED PUBLICLY, WE DON'T WANT INCREASE OF VANDALISM, PEOPLE BREAKING IN TO STEAL COPPER, THE NEIGHBORS BEING HARASSED ABOUT THE PROPERTY ON THE STREET.

IT'S JUST A SAFETY ISSUE.

BUT IF YOU HAVE QUESTIONS ABOUT ANY SPECIFIC PROPERTIES IN YOUR DISTRICT OR ANYTHING THAT YOU THINK MIGHT NOT BE ON THIS LIST, YOU CAN ABSOLUTELY REACH OUT TO ME AND MY CONTACT INFO IS RIGHT IN MY REPORT.

THERE IS A RANGE OF OUTCOMES FOR THESE PROPERTIES THAT WE WORK ON.

IDEALLY, ALL OF THEM, AT THE END OF THE PROCESS, WILL BE IN COMPLIANCE, FIXED UP, HOPEFULLY, SOLD IN A NEW FAMILY LIVING IN THEM.

BUT DEPENDING ON THE SITUATION, SOMETIMES THEY REQUIRE EXTERNAL REFERRALS TO THE DEPARTMENT OF HEALTH, CODE ENFORCEMENT, LOCAL OFFICIALS IN THE AREA.

BUT IDEALLY, WE'RE LOOKING FOR COMPLIANCE AND THEN THAT FINANCIAL REINVESTMENT IN THE COMMUNITY.

SPEAKING OF FINANCIAL REINVESTMENT, WE HAVE ESTIMATED THAT ALMOST $236,000 WAS REINVESTED INTO THE COMMUNITY LAST YEAR THROUGH BANKS MAKING REPAIRS ON THESE VACANT HOMES.

THAT'S A PRETTY CONSERVATIVE ESTIMATE IN OUR OPINION BECAUSE WE DON'T GET TO SEE THE BILLS FOR THE REPAIRS THAT ARE DONE.

IF YOU THINK ABOUT HOW YOU CAN USE KELLY BLUE BOOK TO LOOK UP THE VALUE OF YOUR CAR, THEY ALSO HAVE A SEPARATE SECTION THAT HAS A REPAIRS ESTIMATE.

WE USE THEIR REPAIR ESTIMATOR TO LOOK, TO GENERATE AN IDEA OF WHAT THOSE REPAIRS WOULD HAVE COST.

BUT THEY ARE USUALLY FAR BELOW WHAT BANKS ACTUALLY SPEND TO FIX THESE PROPERTIES UP.

[00:10:01]

DUE TO THE NUMBER OF COMPLAINTS THAT WE GET IN DURING THE YEAR, WE DECIDED THAT WE WANTED TO SWITCH OUR APPROACH A LITTLE BIT AND HOW WE ADDRESSED THE VOLUME OF COMPLAINTS.

WE CAME UP WITH A LITTLE BIT OF A REBRAND.

QUICKER, CLEANER, FASTER.

QUICKER RESPONSES, CLEANER NEIGHBORHOODS, FASTER RESULTS.

SOMETIMES THESE PROPERTIES TAKE A LOT OF TIME TO GET FIXED UP.

THERE'S A LOT OF BACK AND FORTH WITH THE DEPARTMENT OF FINANCIAL SERVICES WITH THE ACTUAL BANK SERVICERS, CODE ENFORCEMENT, AND TO REALLY BE ABLE TO FOCUS OUR EFFORTS, WE CREATED A TOP 10 LIST OF PROPERTIES TO FOCUS ON.

THAT DOESN'T MEAN THAT WE'RE NOT STILL RESEARCHING AND LOOKING INTO EVERY SINGLE COMPLAINT THAT COMES IN.

WE JUST MAKE SURE THAT WE'RE PAYING SPECIAL ATTENTION TO THESE PROPERTIES BECAUSE THEY ARE EITHER LOW HANGING FRUIT, SO THERE'S SOMETHING WE KNOW WE CAN EASILY GET FIXED UP.

OR THEY ARE A PROPERTY THAT IS VERY OFTEN COMPLAINED ABOUT.

SOMETIMES WE RECEIVE 5, 10, 15 COMPLAINTS ON THE SAME PROPERTY.

WE REALLY WANT TO BE ABLE TO FOCUS OUR EFFORTS TOWARDS SOMETHING THAT THE COMMUNITY IS REALLY CONCERNED ABOUT.

YOU'LL HAVE THAT LIST OF THOSE PROPERTIES WITH A BRIEF ONLINE SUMMARY ABOUT THE MOST RECENT WORK THAT'S GOING ON WITH THEM.

THERE ARE COURT DATES AND INTERIOR INSPECTIONS COMING UP FOR SOME OF THEM.

IF ONE OF THOSE PROPERTIES IS IN YOUR DISTRICT, YOU CAN DEFINITELY REACH OUT TO US.

IF YOU'D LIKE TO PARTICIPATE IN EITHER OF THOSE, WE'D BE HAPPY TO HAVE YOU.

I WOULD LIKE TO HIGHLIGHT SOME OF OUR WINS, I GUESS, FOR THIS PAST YEAR.

THERE WAS A PROPERTY ON LAIRD AVENUE THAT WAS BEYOND REPAIR AND IT WAS BECOMING A SEVERE FIRE AND SAFETY HAZARD, HEALTH RISK TO THE COMMUNITY.

THE WAY THAT STREET IS SET UP IS THE PROPERTIES ARE SO CLOSE TOGETHER, BARELY A COUPLE OF FEET IN BETWEEN THEM.

IF THAT HOUSE HAD GONE UP, THE HOUSES NEXT TO IT WOULD ALSO HAVE GONE UP AS WELL.

WE WERE ABLE TO HELP FACILITATE THE DEMOLITION OF THAT, AND THE BANK SERVICER ON THAT PROPERTY PAID FOR THAT IN FULL.

WE ALSO HAVE SPENT A LOT OF TIME TRYING TO CULTIVATE RELATIONSHIPS WITH THE ELECTEDS THAT WE WORK WITH ON A DAY-TO-DAY BASIS.

WE HAVE MET WITH CODE ENFORCEMENT FROM ALL MUNICIPALITIES.

WE DID A BIT OF A TOUR LAST SUMMER, WHERE WE WENT AROUND TO EVERY MUNICIPALITY, MEETING WITH THE MAYOR, THE SUPERVISOR, THEIR CODE ENFORCEMENT DEPARTMENT.

WE'VE ALSO MET SEVERAL TIMES WITH SOME OF THE COMMON COUNCIL MEMBERS, AND WE'RE LOOKING TO BUILDING NEW RELATIONSHIPS WITH THE NEW INCOMING MEMBERS TO SEE HOW WE CAN BETTER WORK TOGETHER, NOW THAT THEY ARE IN THAT POSITION.

WE ARE ALWAYS LOOKING TO WORK MORE CLOSELY WITH THE ELECTIVES BECAUSE WE CAN'T DO THIS WORK ALONE.

WE CAN'T HAVE EYES EVERYWHERE.

IT REALLY REQUIRES US TO WORK WITH ELECTIVES, CODE ENFORCEMENT, NEIGHBORS, AND ALL OF THOSE RESOURCES WORKING TOGETHER.

TO BE ABLE TO POOL THOSE RESOURCES, WE HOLD TASK FORCE MEETINGS AND A CODE ENFORCEMENT ROUNDTABLE.

OUR CODE ENFORCEMENT ROUNDTABLE IS AN OPPORTUNITY FOR CODE ENFORCEMENT OFFICERS OF ALL MUNICIPALITIES TO COME TOGETHER AND SPEAK TO EACH OTHER, BECAUSE THEY VERY RARELY GET TO DO THAT.

THEY GET TO TALK ABOUT THE PROBLEMS THEY'RE SEEING IN THEIR MUNICIPALITY AND SEE IF OTHER PEOPLE ARE EXPERIENCING THE SAME THING.

IF THEY ARE, WHAT SOLUTIONS ARE THEY TRYING TO USE TO ADDRESS THOSE? WE ALSO TAKE IT AS AN OPPORTUNITY TO PROVIDE RESOURCES AND TRAINING FOR THEM.

AT OUR MOST RECENT CODE ENFORCEMENT ROUNDTABLE, WE HAD THE ERIE COUNTY HEALTH DEPARTMENT COME IN TO TALK ABOUT LEAD AND LEAD ABATEMENT BECAUSE OBVIOUSLY, WE ARE ALL AWARE THAT ASBESTOS IS AN ISSUE.

BUT LEAD IS SLOWLY BECOMING AT THE SAME LEVEL THAT ASBESTOS IS IN PROPERTIES IN THE COUNTY.

WE TALKED ABOUT GETTING LEAD CERTIFIED TO DO THOSE REPAIRS, AND THE CODE ENFORCEMENT OFFICERS REALLY LOVED IT.

THEY EVEN ASKED IF THE COUNTY WOULD DO A SPECIAL TRAINING FOR THEM SO THAT THEY COULD ALL GET LEAD CERTIFIED TO DO THOSE REPAIRS OR AT LEAST BE ABLE

[00:15:01]

TO BETTER IDENTIFY WHAT THOSE REPAIRS WOULD ENTAIL.

THEY HAVE BEEN VERY WELL RECEIVED AND THE CODE ENFORCEMENT OFFICERS LOVE HAVING THAT SET ASIDE TIME TO BE ABLE TO SPEAK TO ONE ANOTHER, AND THEN ALSO POSE QUESTIONS TO THE LAW CENTER ABOUT LEGAL ISSUES THAT THEY MAY NOT NECESSARILY KNOW THE ANSWERS TO.

JORDAN ACTUALLY GAVE A PRESENTATION ON EVICTIONS FOR THEM, BECAUSE A LOT OF THEIR WORK IS ALSO PEOPLE BEING EVICTED DUE TO HABITABILITY ISSUES, OR THEY'RE RAISING HABITABILITY ISSUES AND THEY DIDN'T NECESSARILY KNOW HOW TO HANDLE THAT SITUATION BECAUSE IT'S NOT A HOMEOWNER.

JORDAN WAS ABLE TO PROVIDE SOME INFORMATION AND ANSWER THEIR QUESTIONS ON THAT.

WE DON'T ALWAYS HAVE THOSE OPPORTUNITIES.

THEN OUR TASK FORCE MEETINGS, WE INVITE ALL LOCAL ELECTED OFFICIALS, MAYORS, SUPERVISORS, CODE ENFORCEMENT, ALL OF OUR COMMUNITY DEPARTMENTS, SO BELMONT HOUSING SERVICES, PPG TO COME TOGETHER TO TALK ABOUT, AGAIN, ISSUES THAT THEY'RE SEEING IN THEIR COMMUNITIES.

TALKING ABOUT HOW WE CAN BETTER COME TOGETHER TO ADDRESS THEM.

CODE ENFORCEMENT ARE WELCOME TO COME TO THOSE AS WELL, BUT WE'D LIKE TO HAVE THE SEPARATE TIME FOR THEM.

ALSO, OUR TASK FORCE MEETINGS, SOMETIMES WE HAVE BANK SERVICERS THAT WE WORK WITH.

AUCKLAND FINANCIAL CORPORATION HAS BEEN A LONG TIME PARTNER WITH US.

THEY ARE AN OUT-OF-TOWN BANK SERVICER THAT THEY ACTUALLY FLY IN THEIR REPRESENTATIVE, TAMARA GIFFORD, FROM DC, TO COME TO OUR MEETINGS TO MEET WITH US.

THEY MEET WITH US ONCE A MONTH TO GO OVER THE ENTIRE LIST OF PROPERTIES THAT THEY SERVICE IN ERIE COUNTY, JUST SO THAT WE ARE AWARE OF WHAT PROPERTIES SHOULD BE ON OUR RADAR, AND ALSO TO KEEP THEM ACCOUNTABLE FOR MAKING SURE THAT THEY'RE ACTUALLY WORKING ON THESE PROPERTIES AND DOING THESE REPAIRS.

IN THE PAST, M&T HAS ALSO ATTENDED THESE TASK FORCE MEETINGS, AND WE'RE IN THE PROCESS OF DEVELOPING A BETTER RELATIONSHIP WITH KEYBANK AS WELL, WHICH IS A GOOD SEGUE INTO OUR GOOD NEIGHBOR PROJECT.

AUCKLAND WAS THE FIRST SERVICER THAT WAS ASKED TO JOIN THE GOOD NEIGHBOR PROJECT, WHICH THE WHOLE IDEA IS TO BE ABLE TO HOLD BANKS ACCOUNTABLE IN THE WAY THAT WE HOLD COMMUNITY MEMBERS ACCOUNTABLE.

IF YOU DON'T PAINT YOUR HOUSE AND YOU'RE THE HOMEOWNER, YOU'RE GOING TO GET A CODE VIOLATION FOR IT.

IF YOU ARE THE BANK SERVICER RESPONSIBLE FOR MAINTENANCE AND YOU GET A CODE VIOLATION FOR NOT PAINTING YOUR HOUSE, YOU'RE EQUALLY AS RESPONSIBLE.

AUCKLAND HAS ALWAYS BEEN VERY PROACTIVE IN REACHING OUT TO US, WORKING WITH US, AND WE'RE NOT MET WITH MUCH RESISTANCE FROM THEM.

WHEN WE TELL THEM THAT THERE'S AN ISSUE, THEY'RE LIKE WE'LL GET ON IT.

I'LL LET YOU KNOW WHAT WE CAN DO OR LET'S FIGURE OUT A SITUATION FOR THAT.

WE'RE HOPING THAT MORE SERVICERS WILL BECOME AS PROACTIVE AS AUCKLAND IS.

I KNOW SOMETIMES THAT THEY SEE US AS A SCARY ENTITY OF, WELL, YOU'RE JUST HERE TO PARADE ME AND TELL ME WHAT I'M DOING WRONG AND EXPECT ME TO SPEND MONEY.

BUT REALLY OUR WORK IS COLLABORATIVE AND IF NOT EVERYBODY IS PARTICIPATING, WE'RE NOT GOING TO GET THE BEST OUTCOME.

IT'S NOT ABOUT DEMONIZING WHAT YOU HAVEN'T DONE, IT'S ABOUT WORKING TOGETHER TO MAKE SURE WE'RE DOING BETTER FOR OUR COMMUNITIES.

ADDITIONALLY, WE MADE A RETURN TO WHAT WE CALL OUR FORECLOSURE FRIDAYS, WHICH EVERY FRIDAY WE WOULD HEAD OUT TO A DIFFERENT ZOMBIE PROPERTY THAT WE HAVE, WHETHER IT'S ON OUR TOP 10 LIST, WHICH IS WHAT WE'VE BEEN FOCUSING ON, BUT IN THE PAST, WE'VE DONE OTHER PROPERTIES OUTSIDE OF THE LIST AND THAT COULD BE FOR A VARIETY OF REASONS.

SOMETIMES IT'S GOOD NEWS AND WE'RE GOING OUT THERE TALKING ABOUT HOW A SERVICER HAS ALREADY MADE REPAIRS AND HAS ACTUALLY DONE THE WORK THAT THEY SAID THEY WERE GOING TO DO.

SOMETIMES WE ARE RUNNING A SHAME CAMPAIGN ABOUT HOW WE'VE BEEN REACHING OUT AND ASKING THEM TO DO WORK AND WORKING WITH THE DEPARTMENT OF FINANCIAL SERVICES, AND WE'VE RECEIVED NO RESPONSE OR LITTLE WORK AND WE DON'T HAVE AN ISSUE IN POINTING OUT THE FACT THAT YOU'RE EITHER WORKING WITH US OR YOU'RE NOT WORKING WITH US.

BECAUSE LIKE WE SAID, WE WANT TO HOLD YOU ACCOUNTABLE IN THE SAME WAY WE HOLD THE COMMUNITY MEMBERS ACCOUNTABLE.

THEN ALSO, OUTSIDE OF ALL OF THE RESEARCH THAT WE DO, THE SOCIAL MEDIA PUSHES AND THE TASK FORCE MEETINGS, WE ALSO TRY TO BE IN THE COMMUNITY AS MUCH AS WE CAN IN AN ATTEMPT TO EDUCATE HOMEOWNERS.

[00:20:06]

BECAUSE WHEN IT COMES TO FORECLOSURE, A LOT OF PROPERTIES BECOME VACANT BECAUSE SOMEBODY GETS A FORECLOSURE NOTICE AND THEY THINK THAT THEY HAVE TO IMMEDIATELY LEAVE.

THEY DON'T KNOW THAT THEY HAVE RIGHTS.

THEY DON'T KNOW THAT THEY CAN STAY IN THEIR PROPERTY.

WE'RE TRYING TO LET PEOPLE KNOW THAT THERE ARE RIGHTS, YOU HAVE OPTIONS.

YOU DON'T HAVE TO LEAVE YOUR HOME.

WE TRY TO CONNECT THEM WITH AS MANY RESOURCES AS POSSIBLE.

WHETHER THAT'S TRYING TO FIGURE OUT AN ESTATE MATTER OR JUST NAVIGATING THE FORECLOSURE PROCESS WITH THEM, OR HELPING NEGOTIATE A PAYMENT PLAN.

IF IT'S ABOUT A TAX FORECLOSURE, WE WANT TO BE ABLE TO KEEP PEOPLE IN THEIR HOMES AND PRESERVE HOMEOWNERSHIP AND PRESERVE NEIGHBORHOODS WHENEVER POSSIBLE.

>> SORRY, I'LL JUST SAY REAL QUICK.

AS YOU'VE HEARD, GENE HAS A WEALTH OF KNOWLEDGE ABOUT THE ISSUES IN THE COMMUNITY WITH RESPECT TO VACANT AND ABANDONED PROPERTIES, AND WITHOUT THIS FUNDING.

UNFORTUNATELY, THESE SERVICES WOULD NOT CONTINUE.

THAT WOULD MEAN THE LAW CENTER MAY NOT BE ABLE TO CONTINUE DOING THE VACANT AND ABANDONED TASKFORCE MEETINGS THAT ARE HELD QUARTERLY OR THE CODE ENFORCEMENT TRAININGS, AND UNFORTUNATELY, WOULD NOT BE ABLE TO PARTNER WITH MUNICIPALITIES IN THE SAME WAY TO HOLD SERVICERS ACCOUNTABLE FOR MAINTENANCE IN THE COMMUNITIES.

WE WELCOME ANY QUESTIONS YOU DO HAVE ABOUT THE SERVICES THE LAW CENTER HAS PROVIDED FOR THE PAST SEVERAL YEARS.

>> I'D ALSO LIKE TO KNOW BEFORE WE GET INTO QUESTIONS, THAT THE WORK THAT WE DO IS ENTIRELY UNIQUE.

NOBODY ELSE IS DOING THIS WORK IN NEW YORK STATE.

WE WERE ACTUALLY INVITED TO A CONFERENCE IN 2022 IN CHICAGO, THE RECLAIMING VACANT PROPERTIES CONFERENCE, AND THEY HAD A PANEL ON OUR WORK AND WHAT WE WERE DOING HERE IN BUFFALO.

IT'S A NATIONAL CONFERENCE AND PEOPLE ARE DOING VACANT WORK IN OTHER STATES.

BUT WE ARE THE PREMIER RESOURCE AROUND THE VACANT ABANDONED PROPERTIES IN NEW YORK STATE.

NOBODY ELSE HAS A PROGRAM LIKE WE DO.

WHAT WE'RE DOING IS VERY UNIQUE, BUT ALSO IS SOMETHING THAT THE COMMUNITY REALLY NEEDS, BECAUSE IF WE DON'T DO IT, NOBODY ELSE IS DOING IT.

>> ON THE QUESTION. LEGISLATIVE, FINE.

>> THANK YOU FOR COMING. I WAS WONDERING THAT WHEN WE FIRST TALKED ABOUT ZOMBIE HOUSES, IT WAS MORE ABOUT HOUSES THAT WERE UPSIDE DOWN ON THE MORTGAGE, OR THE MORTGAGE WAS SO HIGH MORE THAN THE VALUE OF THE PROPERTY, AND THE SAME ON THE TAXES, WE DID THE SUPER BIDS, IT WAS BECAUSE THE TAXES WERE HIGHER THAN THE VALUE OF THE PROPERTY.

THEN OVER THE COURSE OF THE LAST 20-SOME YEARS, THINGS HAVE CHANGED AND THERE'S NEW ISSUES THAT THE ISSUE OF HOUSES SELL SO FAST, FORECLOSED PROPERTIES SELL SO FAST.

THERE WAS A GAP OBVIOUSLY DURING COVID WHEN THERE WERE NO FORECLOSURES GOING THROUGH AND THERE WERE NO TEXT FORECLOSURES OF MORTGAGE FORECLOSURES GOING THROUGH.

BUT OTHER THAN THAT, THINGS SELL SO FAST AND FOR SO MUCH AND GO TO FORECLOSURE.

MORTGAGE FORECLOSURE SELL WAY MORE THAN THE MORTGAGES OR WHATEVER.

THE TRADITIONAL, WHAT I THOUGHT OF THE ZOMBIE IS A ZOMBIE HOUSE THAT CAN'T BE SOLD BECAUSE THE MORTGAGE IS MORE THAN THE VALUE OF THE HOUSE.

I DON'T CONSIDER A ZOMBIE HOUSE SOMETHING THAT'S IN THE PROCESS OF A NORMAL FORECLOSURE.

WHETHER IT'S AN ESTATE WITH NO HEIRS OR WHATEVER, AND THE BANK HAS TO DO A FORECLOSURE.

BUT AS FAR AS THESE HOUSES THAT YOU'RE CLASSIFYING IS NOT SAY FOR EXAMPLE, IT'S HARD FOR ME TO LOOK BECAUSE NONE OF THEM HAVE ADDRESSES.

I UNDERSTAND YOUR POINT ABOUT PRIVACY, BUT ON THE OTHER HAND, IF YOU'RE REPORTING TO US, THEY SHOULD HAVE ADDRESSES.

BECAUSE HOW CAN WE CHECK TO SEE THE HISTORY OF THOSE PROPERTIES IN NEIGHBORHOODS? BECAUSE WE MIGHT KNOW THOSE.

BUT AS WITH REGARD TO THE ONES THAT ARE CLASSIFIED AS ZOMBIES, DOES THAT MEAN THAT THE MORTGAGE IS MORE THAN THE VALUE OF THE HOUSE, OR JUST THAT THE FORECLOSURE IS TAKEN ON BECAUSE OF COVID CLOSINGS? NOW, WHEN YOU SAY THE WORD ZOMBIE, WHAT DO YOU MEAN BY ZOMBIE?

>> UNDER THE ZOMBIE FORECLOSURE LAW, A VACANT AND ABANDONED PROPERTY, AND THERE'S CRITERIA FOR DETERMINING WHETHER A PROPERTY IS VACANT, ABANDONED OR NOT.

BECAUSE SOMETIMES WE GET COMPLAINS ABOUT A SEASONAL HOME THAT'S NOT VACANT AND ABANDONED.

IS A VACANT ABANDONED HOME WITH A DELINQUENT MORTGAGE.

IT CAN BE ANYWHERE IN THE FORECLOSURE PROCESS.

>> IN OTHER WORDS, IT DOESN'T MEAN THAT THE FORECLOSURE COULD BE A LOT LESS THAN THE VALUE OF THE PROPERTY.

IT'S JUST A ZOMBIE BECAUSE IT'S IN THE FORECLOSURE.

TO ME, AN ABANDONED HOUSE THAT'S IN THE FORECLOSURE ISN'T ZOMBIE.

THAT ZOMBIE MEANS SOMETHING THAT THEY CAN'T SELL BECAUSE THERE'S SOME ISSUE.

>> THE UNSELLABLE QUALITY OF IT IS THAT THE PROPERTY IS IN POOR CONDITION.

[00:25:01]

WE'RE NOT FOCUSING JUST ON HOUSES THAT ARE IN PERFECTLY FINE CONDITION AND COULD BE SOLD EASILY IN THE FORECLOSURE PROCESS.

THESE ARE PROPERTIES THAT REQUIRE EXTENSIVE REPAIRS AND SOMETIMES EVEN A DEMOLITION AND A NEW BUILD, WHICH OBVIOUSLY THE BANK HAS TO WEIGH THE PROS AND CONS OF WHAT IS CHEAPER FOR THEM.

BUT WE CARE ABOUT THE FACT THAT THE FORECLOSURE PROCESS IS LONG IN NEW YORK STATE AND PROPERTIES WILL CONTINUE TO GET WORSE, ESPECIALLY THROUGH BUFFALO WINTERS IF THEY'RE NOT MAINTAINED.

THAT IS THE ZOMBIE PORTION.

THE UNSELLABLE ASPECT IS THAT THESE PROPERTIES ARE SO DETERIORATED, NOBODY WOULD EVEN BE INTERESTED IN PURCHASE THEM REGARDLESS.

>> WHAT ARE THE ADDRESSES ON AMHERST JUST SO THAT I CAN, BECAUSE IF YOU'RE SAYING THAT, I'M JUST JUST WONDERING AS FAR AS THE ZOMBIE IS LIKE DEADBEAT DAD.

IT'S LIKE ONE OF THOSE TERMS HAS A VERY NEGATIVE THING.

IF YOU OVER USE IT, IT HAS GOT A NEGATIVE THING TO A NEIGHBORHOOD.

IT'S NOT LIKE ZOMBIE IS LIKE WALKING DEAD, THAT MEANING THAT IT CAN'T GO.

>> NOT.

>> I'M SAYING THAT THE ZOMBIE HOUSES, IF THEY'RE IN A MORTGAGE FORECLOSURE HOUSE AND THE AMOUNT OF THE MORTGAGE IS LESS THAN THE VALUE OF THE HOUSE.

ARE ALL THESE ZOMBIES ONES WHERE THE MORTGAGE IS GREATER THAN THE VALUE OF THE HOUSE SO THAT THEY CAN'T BE SOLD.

>> I'M SORRY TO CUT YOU OFF, GENE, I THINK IT REALLY VARIES TO BE A ZOMBIE PROPERTY.

THERE JUST HAS TO BE A MORTGAGE ON THE PROPERTY, A 1-4 FAMILY HOUSEHOLD, AND IT IS SOMEWHERE IN THE FORECLOSURE PROCESS.

IT HAS TO BE A VACANT AND ABANDONED PROPERTY, AND USUALLY THE PROPERTIES ONLY COME TO OUR ATTENTION BECAUSE A CODE ENFORCEMENT OFFICER OR THE COMMUNITY IS REPORTING BECAUSE THE MORTGAGE SERVICER IS NOT DOING THE UPKEEP ON THE PROPERTY.

>> THE ONE IN GARLAND, IS THAT 95 MARYLAND OR IS THAT THE DIFFERENT ADDRESS? I JUST LOOKED UP TO SEE IF THERE WERE FORECLOSURES ON GARLAND AND 95 CAME UP.

BUT IT'S SOLD ALMOST IMMEDIATELY AS SOON AS LISTED.

EFFECT OF CONTRACT WAS FIVE DAYS AFTER IT WAS LISTED?

>> YES.

>> IS IT 95 MARYLAND?

>> I DON'T KNOW OFF THE TOP OF MY HEAD IF IT'S 95 MARYLAND I COULD PROVIDE YOU AND EVERY LEGISLATOR FOR THE SPECIFIC ADDRESSES SO THAT WE CAN LOOK INTO THEM TOGETHER IF YOU'D LIKE.

BUT NOT ALL OF THESE PROPERTIES ARE THINGS THAT WE'RE STILL WORKING ON.

MOST OF THE ZOMBIES HAVE BEEN CLOSED BY THE END OF THE YEAR, WHETHER THAT'S BECAUSE THEY SOLD OR THEY WERE IN COMPLIANCE, A NEW FAMILY MOVED IN.

THERE'S A COUPLE OF REASONS WHY THAT WOULD BE CLOSED.

>> I REALLY THINK THAT THE WESTERN NEW YORK LAW CENTER IS AWESOME AND GREAT, AND I REALLY THINK THAT HOUSING IS A MAJOR ISSUE.

MY POINT IS THAT I THINK THE REASON I WASN'T INVOLVED IN DECISION TO HAVE THIS, BUT HOWARD JOHNSON AND OTHERS, I THINK IT'S REALLY GOOD BECAUSE WE HAVE TO CHECK TO SEE.

WE'RE SPENDING OUR MONEY ON THINGS TO SEE WHAT IS REALLY THE MOST NEEDEDD? ARE ZOMBIE PROPERTIES THE MOST NEED RIGHT NOW, OR AFFORDABLE HOUSING SO PEOPLE CAN GET IN FASTER AND BUY A HOUSE FASTER.

I'M WONDERING, THAT'S WHAT I THINK THE REASON WAS, IS TO SEE IF THE ZOMBIE ISSUE IS AN ISSUE TODAY.

JUST LIKE ON THE MORTGAGE FORECLOSURE, LIKE I REALLY THINK I'M THE SUPER VINCE BECAUSE I DON'T THINK IT'S AN ISSUE TODAY.

IT'S AN ISSUE FROM 30 YEARS AGO, DOESN'T EXIST TODAY, AND I'D RATHER SPEND OUR MONEY ON THINGS TO HELP REGULAR PEOPLE GET INTO HOUSES.

THAT'S WHY I THINK IT WOULD BE GOOD TO HAVE THE ACTUAL ADDRESSES JUST SO WE CAN JUST SEE.

MAYBE MORE OF A WRITE UP INSTEAD OF TALKING GENERALITIES JUST TO SEE ON THESE PROPERTIES, IF IT'S JUST LIKE A NEIGHBOR COMPLAINED AND THEN SOMEONE CALLED AND TOOK OUT, YOU HAD THE GARBAGE TAKEN OUT OR WHATEVER.

BUT AS FAR AS LIKE JUST LOOKING, I LOOK AT THE BUFFALO LARGOURNAL EVERY DAY.

EVERY TIME IT COMES OUT OF THE FORECLOSURES, THEY SELL SO FAST.

I'M JUST WONDERING IF THIS IS THE ISSUE THAT IT WAS 20 YEARS AGO AND I SHOULD NOT.

WE'RE GOING TO MOVE WE HAVE LEGISLATORS WHO HAVE QUESTIONS.

I SUGGEST YOU AND THE LEGISLATOR WILL SET UP SOME TIME TO TALK IN DEPTH ABOUT HER THEORIES AND CONCERNS ABOUT ZOMBIE PROPERTIES ARE STILL THING OR NOT.

LEGISLATOR JOHNSON AND LEGISLATOR FOR SHOWING.

>> I JUST ASKED A COUPLE OF QUESTIONS.

I'M NOT A LAWYER NOR DO I PLAY ONE ON TV, SO ZOMBIE, WHEN YOU SAY THE TERM ZOMBIE AND I SEE FACING AND ABANDONED AND ZOMBIE, WHAT IS THAT? WHAT IS EXACTLY THE DEFINITION OF THE ZOMBIE CROP?

>> YES. UNDER THE ZOMBIE FORECLOSURE LAW, THE LEGAL DEFINITION OF IT IS A VACANT AND ABANDONED HOME, WHICH THAT HAS ITS OWN CRITERIA OF DETERMINING WHETHER IT'S ACTUALLY VACANT AND ABANDONED,

[00:30:01]

AND IT HAS A DELINQUENT MORTGAGE.

IT COULD BE AT THE INITIAL FILING STAGE ALL THE WAY UP TO THERE MIGHT HAVE BEEN A JUDGMENT ENTERED, SO IT COULD BE ANYWHERE IN THE FORECLOSURE PROCESS.

>> THEN THE VNA ON HERE IS VACANT AND ABANDONED, CORRECT?

>> YES. VACANT AND ABANDONED.

BUT THERE IS NOT A MORTGAGE ON IT.

>> THERE IS NOT A MORTGAGE ON IT. WHAT DOES OTHER MEAN?

>> OTHER IS A CATCH ALL TERM FOR SOMETIMES WE GET PROPERTIES REPORTED TO US THAT ARE NOT MORTGAGE AND THE TAXES ARE PAID, SO THAT'S NOT REALLY WHAT WE ARE LOOKING INTO, AND IT'S OBVIOUSLY IMPOSSIBLE FOR PEOPLE TO KNOW WHEN THEY REPORT PROPERTIES TO US, WHETHER THERE'S A MORTGAGE, WHETHER THE TAXES ARE PAID.

WHICH IS PART OF THE REASON THAT'S PART OF OUR JOB, IS LOOKING INTO IT TO SEE IF THERE'S ACTUALLY ANY TYPE OF LEGAL RECOURSE THAT WE CAN PURSUE.

SOMETIMES THOSE ARE PROPERTIES THAT WE'VE MARKED IN OUR SYSTEM BECAUSE THEY HAVE SOLD, THEY'RE OCCUPIED NOW, THEY'RE NO LONGER AS BEES.

SOMETIMES THEY ARE IN ESTATE ISSUE.

IN THE PAST, WE HAVE HELPED PEOPLE WORK THROUGH ESTATE ISSUES TO HELP MOVE THE PROPERTY.

WE'VE ALSO HELPED A COUPLE FAMILIES GET BACK INTO THEIR HOMES EVEN THOUGH IT WAS IN FORECLOSURE AND THEY THOUGHT THEY HAD TO LEAVE, AND WE WERE ABLE TO WORK OUT SOMETHING WITH THEIR SERVICER FOR THEM.

UNFORTUNATELY, OTHER IS A BIT OF A LARGE CATCH ALL TERM FOR IT DOESN'T JUST FIT SO CLEANLY INTO THE ZOMBIE.

>> I SHOULD NOTE THAT THE BIGGEST ISSUE WHY THESE HOMES ARE NOT SELLING IS BECAUSE IF THERE'S AN ESTATE ISSUE, THE HOMEOWNER IS DECEASED, NO ONE WANTS TO CLAIM THE PROPERTY, THEN THAT JUST DELAYS THE FORECLOSURE PROCESS EVEN LONGER.

THESE HOMES AREN'T SELLING THE SOURCE IN THE NEIGHBORHOOD, SO IT BECOMES A BIG ISSUE.

>> THANK YOU FOR THAT. THIS LIST THAT YOU GUYS PROVIDED RIGHT HERE, THESE ARE THE CURRENT MAKING ABANDONED OTHER ZOMIC PROPERTIES. THIS IS THE CURRENT LIST?

>> WHICH LIST? ATTACHMENT?

>> THE ATTACHMENT.

>> OH YES. THE ATTACHMENT 1, THOSE 490 PROPERTIES AND THEN ATTACHMENT 2, THE ONES BY DISTRICT, THOSE ARE PROPERTIES THAT WE RESEARCHED CLOSED AND THERE WAS SOME TYPE OF OUTCOME IN 2023.

>> I CAN SAY HERE, THESE ARE THE PROPERTIES THAT WE SAVED, SO TO SPEAK.

>> I DON'T ASSUME SAVED WOULD BE THE WORD, BECAUSE THERE'S A SPECTRUM OF WHAT IT LOOKS LIKE FOR COMPLIANCE, UNFORTUNATELY.

>> AGAIN, HOW DO YOU GUYS IDENTIFY THE ZOMBIE PROBLEMS? IS IT A LIST THAT'S GENERATED, YOU GO THROUGH FORECLOSURE LIST FROM THE CITY AND THE COUNTY, OR ARE YOU GUYS GO ON ACTIVELY SEARCHING FOR THIS PROBLEM?

>> WE DON'T HAVE TO ACTIVELY SEARCH FOR THEM BECAUSE SO MANY PEOPLE REPORT THEM TO US.

WE GET COMPLAINTS FROM NEIGHBORS, WE GET COMPLAINTS ON SOCIAL MEDIA, MAYORS, SUPERVISORS, CODE ENFORCEMENT OFFICERS.

WE VERY RARELY EVER HAVE TO SEEK THEM OUT.

PEOPLE BRING THEM TO US.

THEN WE DO THE BACKGROUND RESEARCH TO FIGURE OUT IF IT IS MORTGAGE, IF IT DOESN'T HAVE A MORTGAGE ON IT AND IT'S DELINQUENT, THEN WE FILE A COMPLAINT WITH THE DEPARTMENT OF FINANCIAL SERVICES.

THEY'RE KIND OF OUR GO BETWEEN THE BANK SERVICER, IF THERE'S NO MORTGAGE THAT LOOKS A LITTLE BIT DIFFERENT AND REQUIRES OUTSIDE REFERRALS.

BECAUSE THE ZOMBIE FORECLOSURE LAW ONLY COVERS MORTGAGE 1-4 FAMILY HOMES.

>> I HAVE JUST TWO QUESTIONS AND THEY'LL BE QUICK QUESTIONS.

ONCE THE PROPERTY ASSIGNED SAY IT GOES TO THE COURT PROCEEDING PROCESS, DO YOU GUYS FOLLOW UP AFTER THE COURT PROCEEDING PROCESS, OR ONCE YOU GUYS GET INTO THE COURT PROCEEDING PROCESS, WILL IT JUST KIND OF GO THROUGH THE PROCESS THERE AND YOU GUYS JUST MOVE ON?

>> MEANING IF IT'S IN HOUSING COURT OR THE ACTUAL FORECLOSURE PROCESS.

>> WELL, IN THE SAME HOUSING COURT, IT HAS AN ISSUE WITH REPAIRS.

>> YEAH, ABSOLUTELY. AS LONG AS I'M ABLE, I WILL GO TO THE COURT DATES IF IT'S IN BUFFALO CITY HOUSING COURT, BUFFALO CITY CODE ENFORCEMENT.

THEY'VE BEEN REALLY GREAT IN ALL OF THE WORK.

WE WORKED VERY CLOSELY WITH THEM.

THEY ARE ALWAYS REACHING OUT, ASKING TO COLLABORATE ON THINGS.

AND THEY'RE VERY COMMUNICATIVE ABOUT THINGS THAT ARE GOING ON.

AND IF WE HAVE BANK CONTACTS THAT WE CAN SHARE TO TRY TO GET BANKS IN HOUSING COURT MORE OFTEN.

THAT'S REALLY WHAT CODE ENFORCEMENT IS MOVING TOWARDS.

BECAUSE WHEN THEY WRITE VIOLATIONS AND JUDGMENTS FOR A DECEASED HOMEOWNER OR AN ABSENT HOMEOWNER, THEY'RE NEVER GOING TO GET THAT MONEY.

>> THAT ANSWERS MY SECOND QUESTION.

I'M GOOD, SO THANK YOU.

>> WE'RE RESEARCHING THE PROPERTY AND CHECKING UP ON WHAT'S GOING ON THROUGHOUT THE LIFE OF THE FORECLOSURE.

BUT THE GOAL IS FOR THE FORECLOSURE TO GO THROUGH AS SOON AS POSSIBLE.

>> THANK YOU. LEGISLATIVE BY SEAN.

LEGISLATIVE BY MIZIE.

>> THANK YOU. I HAVE A HYPOTHETICAL QUESTION I GUESS.

IF YOU HAD A SITUATION WHERE A MUNICIPALITY WAS DEALING WITH THE ZOMBIE HOUSE OR SQUATTER,

[00:35:03]

AND THERE WAS A LENDER INVOLVED.

IS THERE SOME DATE YOU CAN PROVIDE IN THAT SITUATION AND SAY THE HOUSE WITHOUT A CODE, AND THEY DON'T KNOW WHO TO SITE OR HOW TO DEAL WITH IT?

>> YEAH, ABSOLUTELY. THAT'S ACTUALLY SOMETHING THAT HAPPENS QUITE OFTEN AS PEOPLE WILL REPORT SOMETHING AS A VACANT PROPERTY, BUT REALLY THERE IS UNWANTED FAMILY MEMBER THERE OR A SQUATTER.

WE DON'T WORK ON PROPERTIES THAT ARE OCCUPIED, REGARDLESS OF WHO THEY ARE OCCUPIED BY.

IF THERE IS A BANK SERVICER INVOLVED, WE CAN ALERT THEM TO THE FACT THAT YOUR PROPERTY IS SUPPOSED TO BE VACANT, BUT THERE IS SOMEBODY OCCUPYING IT, AND THEN THE BALL IS IN THEIR COURT.

BUT THAT'S NOT OUR RESPONSIBILITY, NOR DO WE HAVE ANY LEGAL AVENUES TO REMOVE SOMEONE FROM A PROPERTY.

>> I WASN'T ASKING TO REMOVE, I JUST WONDERED IF THE PROPERTY IS A COLD.

FOR EXAMPLE, CODE VIOLATIONS TO HELP ADDRESS BILLS BECAUSE THE SERVICE PROVIDER DOESN'T NECESSARILY OWN THE PROPERTY AT THAT POINT.

RIGHT. IT'S STILL THE OWNER, MAYBE THE FORECLOSURE PROCESS FOR UNDERSTANDING.

>> IF THE PROPERTY IS IN FORECLOSURE, IF IT IS A MORTGAGED PROPERTY AND THE BANK IS, YOU KNOW, HOLDING THAT DELINQUENT MORTGAGE, THEY ARE RESPONSIBLE FOR MAINTENANCE AS LONG AS THE PROPERTY IS VACANT.

IF THERE'S A SQUATTER IN THAT PROPERTY, THERE'S NOT SUPPOSED TO BE.

IT'S UP TO THEM TO HANDLE THAT SITUATION AS WELL AS ADDRESS THE CODE OF VIOLATIONS.

IF THERE'S SOMEONE OCCUPYING THE PROPERTY AND THEY ARE LATER REMOVED, WE'LL BE HAPPY TO ASSIST IF THEY WANT OUR HELP.

BUT WE DON'T REALLY INTERVENE IN PROPERTIES THAT ARE OCCUPIED IN ANY WAY.

>> YOU WOULD BE HELPFUL AT THIS STAGE OF THE PROCESS.

PERHAPS IN REACHING OUT TO THE LENDER, AND JUST LETTING YOU KNOW THE SITUATION.

THEN IF THIS PERSON WERE REMOVED, WHAT TYPE OF RIGHT WOULD YOU PROVIDE AT THAT POINT? IF IT WAS VACATED, YOU WOULD HELP THEM TO FIX THE HOUSE, TO ACTUALLY PAY CONTRACTORS TO GO THERE?

>> WE DON'T PAY ANYONE TO DO ANYTHING.

NOT A SINGLE CENT COMES OUT OF OUR POCKET FOR THESE THINGS.

IF THE PROPERTY WAS LATER VACANT, AND WE WOULD PROBABLY FILE A COMPLAINT WITH THE DEPARTMENT OF FINANCIAL SERVICES, DEPENDING ON WHO THE LENDER IS, WE MIGHT BE ABLE TO REACH OUT TO THEM DIRECTLY BECAUSE WE HAVE A RELATIONSHIP WITH THEM THEN IT IS THEIR BOTH LEGAL AND FINANCIAL RESPONSIBILITY TO FIX THE PROPERTY.

WE DON'T PAY FOR ANY OF IT.

>> YOU HAVE A WAY TO HOLD THE LENDER ACCOUNTABLE? SOME PROPERTY CAN JUST TWIST THAT A LITTLE BIT?

>> SURE, I'M NOT AN ATTORNEY, SO THIS IS GOING TO BE IN LATE PERSON SPEECH.

>> THAT MUCH OF MONEY.

>> ESSENTIALLY. UNDER THE ZOMBIE FORECLOSURE LAW, WE CAN CHARGE BANK SERVICERS $500 A DAY PER DAY THAT THE PROPERTY IS NOT IN COMPLIANCE, AND UP TO $74,999.

IF WE GO OVER 75, IT HAS TO GO INTO SUPREME COURT AND THAT JUST COSTS MORE MONEY.

BUT THEY CAN GET FINED EVERY DAY FOR HOW LONG THE PROPERTY IS NOT IN COMPLIANCE THEN IF IT REALLY DOES TAKE THAT LONG, WE COULD PURSUE A LAWSUIT ON BEHALF OF THE MUNICIPALITY TO NOT ONLY GET COMPLIANCE, BUT ALSO RECOUP THOSE FINES WHICH COME BACK TO THE MUNICIPALITY THAT WE ASKED THAT THEY USE SPECIFICALLY TO FUND HOUSING AND VACANCY PREVENTION.

>> YOU'VE DONE AT THREE OF THOSE LAWSUITS?

>> OUR THIRD ONE IS PENDING. YES.

>> PENDING NOW. THANKS.

>> YEAH. I WAS JUST GOING TO DO A QUICK ADDENDUM.

WE CAN ACTUALLY CHARGE THEM 500 PER DAY.

YES. THE MUNICIPAL ATTORNEYS OR ACTUALLY WE CAN ON BEHALF OF THE TOWN, FILE A LAWSUIT.

IT NORMALLY DOES NOT NEED TO GET TO THAT STAGE BECAUSE WE TRY TO WORK WITH THE SERVICER.

IF WE CAN'T JUST COME TO SOME RESOLUTION WITH THEM, THEN YOU PURSUE A DEPARTMENT OF FINANCIAL SERVICE WITH COMPLAINT, AND THAT WILL USUALLY GET THEM TO COMPLY.

>> SORRY, ONE MORE. HOW DO I GET SOMEBODY IN TOUCH WITH? YOU MAY FACE THIS ISSUE IN MUNICIPALITY?

>> YEAH. I MEAN, THEY CAN REACH OUT TO ME DIRECTLY.

BOTH MY PHONE NUMBER AND MY EMAIL ARE IN THE COVER LETTER AND THE REPORT.

THEY CAN REACH OUT TO ME DIRECTLY.

OR IF YOU WANT TO GIVE ME THEIR INFORMATION, I CAN REACH OUT TO THEM WHATEVER IS EASIER.

BUT THEY CAN REACH OUT TO ME DIRECTLY.

>> THANK YOU.

>> LEGISLATOR BY MIZIE.

>> THANK YOU. MY ANGLE IS A LITTLE BIT DIFFERENT.

IT SEEMS TO BE EVERYTHING YOU SAID IS YOU'RE DOING GREAT WORK.

BUT IT SEEMS LIKE YOUR GOAL AND YOUR AUTHORITY IS TO MAINTAIN

[00:40:02]

THE PROPERTY WITHIN THE NEIGHBORHOOD SO IT BECOMES LESS OF AN EYE SOWER UNTIL SOMETHING IS DONE.

YOU SEEM LIKE YOU'VE ACTED AS A BUILDING INSPECTOR, AS A COMMUNICATOR, AS SOMEONE WHO CAN COME IN AND GET WINDOWS REPLACED OR ROOTS PUT ON IT OR SOMETHING THAT BY MAKING THE MORTGAGE MOVE IS THAT ACCURATE?

>> YEAH. OUR GOAL AT THE END OF THE DAY IS, ONE GET THE PROPERTY IN COMPLIANCE, PRESERVE NEIGHBORHOODS, PRESERVE HOMEOWNERSHIP AND THAT INCLUDES FOLLOWING THROUGH, MAKING SURE THE FORECLOSURE IS COMPLETE, AND AT THE END OF THE DAY, WE WOULD LOVE TO SEE A NEW FAMILY IN THAT HOME.

I DON'T WANT TO SEE AN OUT-OF-TOWN LANDLORD OR AN OUT-OF-TOWN INVESTOR.

I WANT TO SEE A LOCAL FAMILY IN THAT HOME.

BUT I ALSO WANT THE PROPERTY TO BE SAFE FOR THEM TO LIVE IN BEFORE THEY PURCHASE IT.

>> WELL, THE BIGGEST PROBLEM WITH HOUSING IN WESTERN NEW YORK, AND I'M GOING TO PUT IT IN A QUOTATION "ZOMBIES", IS BECAUSE THERE'S NO MOVEMENT ON THE.

THERE IS ZERO MOVEMENT AND IT'S USUALLY BY LENDERS.

LENDERS WILL NOT MOVE BECAUSE AS WE ALL KNOW, THE HOUSING MARKET IN YOUR COUNTY IS THROUGH THE ROOF, AND ANY HOUSE THAT BECOMES AVAILABLE IS ALWAYS SCOOPED UP.

WE HAVE AN ISSUE WITH BANKS OR LENDERS THAT WILL NOT MOVE ON PROPERTIES, AND THEY HAVE VARIOUS REASONS.

THEY'RE UPSIDE DOWN, THE MORTGAGE, IT'S NOT COST EFFECTIVE FOR THEM TO MOVE IT, AND THEN THE COUNTY WON'T FORECLOSE ON THEM IF THERE IS A MORTGAGE.

THAT CREATES EMPTY AND ABANDONED HOMES.

YOUR PROGRAM REALLY ISN'T TO ADDRESS THE REAL PROBLEM, AND THAT IS THE BANKS AND THEN US, THE COUNTY, AND NOBODY WILL MOVE ON THESE HOMES.

YOU'RE YOU'RE KEEPING THE BAND AID ON IT AND HOPING YOU COULD WORK OUT SOME RESOLUTION.

>> I'M NOT SURE THAT I FULLY UNDERSTAND THE QUESTION, BUT WE ARE TRYING TO GET THE BANKS TO MOVE MORE QUICKLY ON THE FORECLOSURES.

THE WEIGHT BEHIND THAT IS THE ZOMBIE PROPERTY LAW THAT WAS PUT INTO PLACE A FEW YEARS AGO, THAT SAYS THAT THEY CAN BE HELD ACCOUNTABLE UP TO $500 PER DAY, THAT THE PROPERTY IS NOT IN COMPLIANCE.

>> THE $500 USUALLY TAP ON THE PRICE OF THE AUCTION, KIND OF THE BIG VICIOUS CYCLE THAT YOU CAN'T GET YOURSELF OUT.

I UNDERSTAND WHAT YOU'RE DOING, AND IT'S QUALITY WORK.

I AGREE WITH YOU ON WHAT YOU'RE DOING.

I JUST THINK THAT IT NEEDS TO BE UNDERSTOOD THAT THERE IS A BIGGER ISSUE ON HOW HARD IT IS TO MOVE THESE PROPERTIES THAT BANKS WILL NOT RESPOND.

I DID THIS FOR YEARS IN MY PREVIOUS JOB, AND BANKS WILL IGNORE YOU.

YOU CAN PUSH THE PROBLEM BECAUSE YOU CAN GET TO ATTORNEYS, BUT IF THEY DON'T SEE ANY MONEY AT THE END OF IT, THEY WALK AWAY, JUST LIKE THE HOMEOWNERS WALK AWAY, AND THAT LIES THE PROBLEM.

WHEN THERE IS A MORTGAGE ON THE PROPERTY, IT'S FORSAKEN IF THE BANKS WON'T MOVE.

IT'S PROBABLY OUT OF YOUR SCOPE OF WORK ON ACTUALLY TRYING TO DO THAT.

I KNOW YOU'VE MADE CONTACTS AND YOU GET PEOPLE TO MOVE.

SOME BANKS ARE COOPERATIVE ON MOVING, BUT IF THERE WAS A WAY, AND I GUESS I'M NOT ASKING YOU TO ANSWER, BUT IF THERE IS A WAY THAT WE EVER REALLY COULD DO SOMETHING TO GET BANKS TO MOVE QUICKLY, AND I'VE SAID THIS OFTEN WITH, ONCE THE TAXES GET UPSIDE DOWN ON PROPERTIES, I'VE ALWAYS KIND OF RESORTED TO, THAT'S WHAT SHOULD BE USED FOR.

THE LAND BANK SHOULD BE USED FOR, I'M GOING TO SAY WE USE THE WORD WASHING.

WASHING OF TAXES.

A TAX BILL OR A MORTGAGE BILL.

THEN THE PROPERTY COULD GO INTO THE COUNTY AUCTION.

THAT WOULD BE THE PROPER USE, I SHOULDN'T SAY PROPER, THAT WOULD BE THE BEST USE FOR A LAND BANK.

WE SHOULDN'T BE REHABILITATING HOUSES, WE SHOULDN'T BE REBUILD.

THAT'S NOT WHAT THE COUNTY SHOULD BE DOING, BUT WE SHOULD BE MAKING PROPERTIES AVAILABLE TO THE GENERAL PUBLIC, AND WE MAKE THEM AVAILABLE BY GIVING THEM ON THE AUCTION BOARD.

I THINK THE COUNTY HAS AN OBLIGATION LIKE I SAID, EITHER TO MAKE PROPERTIES WHOLE SO THEY ARE AVAILABLE.

YOU CAN TEACH.

I'M NOT SURE EVERYBODY UNDERSTANDS HOW HARD UNLESS THEY GET A PROPERTY TO THE AUCTION BECAUSE ONCE IT GETS THERE, IT WILL GO NO MATTER WHAT TREATMENTS IN IT WILL GO, AND WHETHER IT'S TO A FLIPPER, TO AN INVESTOR, OR TO AN ON THE TOWN PERSON.

WE CAN'T BE SO PICKY AS TO WHO PURCHASES THE PROPERTY BECAUSE MORE THAN LIKELY THEY'RE IN IT FOR THE MONEY.

IF THEY'RE IN FOR THE MONEY, THEY'RE IN IT TO FLIP.

THEY'RE IN IT TO FLIP IT, THEY'RE IN IT TO IMPROVE.

[00:45:02]

WE WANT TO ENCOURAGE AND WE WANT TO HELP PEOPLE TO REPAIR THESE HOUSES, TO UPDATE THESE HOMES, AND THOSE ARE FLIPPERS, THOSE ARE CONTRACTORS.

THOSE ARE GUYS THAT HAVE THE MEANS TO DO IT, THEY DO IT FOR A LIVING.

BUT BY NOT MAKING THE HOUSING STOCK AVAILABLE TO THEM, IT'S HELPING NO ONE.

>> WE HAVE GOTTEN A BANK TO WALK AWAY AND TO DISCHARGE THEIR MORTGAGE WHEN THEY WERE NOT MOVING ON A PROPERTY, AND THEN WE WERE TRYING TO GET THE COUNTY TO BRING IT TO TAX FORECLOSURE, AND WE KNOW THERE'S A DELAY IN THAT PROCESS.

>> YEAH.

>> WE DID HAVE CONVERSATIONS WITH THE LAND BANK FOR THIS PARTICULAR PROPERTY I'M THINKING OF IN THE VILLAGE OF GOWANDA, TO SEE IF THERE WAS ANY WAY TO ESCALATE IT, AND IT CAN BE AN ISSUE.

BUT WE HAVE WORKED ON PROPERTIES WHERE THERE'S I'LL SAY SPECIAL CIRCUMSTANCES.

>> RIGHT. IT SEEMS LIKE COUNTY MONEY WOULD BE WISELY SPENT IF WE HAD MADE THAT AVAILABLE, I'M JUST SAYING LAND BANK, IT'S NOT THE LAND BANK, THAT THAT WOULD THAT WOULD MAKE THE EASE OF TO FORECLOSURE AND THE AUCTION PATH.

THERE HAS TO BE A PATH TO GET THERE, AND WHETHER IT'S SOMETHING, LIKE I SAID, TO RELEASE THE TAXES OR THE MORTGAGE, OR SOME MEANS TO AN END.

OTHERWISE THERE ARE PROPERTIES THAT WILL NEVER MOVE.

WE COULD DEMOLISH THEM, IN THE TOWN WHERE I CAME FROM, WE COULD START DEMOLISHING THEM, AND THEY SEND EMPTY LOTS, AND THE AMOUNT OF MONEY THAT IS NOW ON THAT LOT WILL NEVER BE SOLD, UNTIL IT GETS WASHED.

IT JUST SEEMS LIKE THERE HAS TO BE SOME OTHER WAY THAT WE AS LEGISLATORS CAN CREATE A FUND FOR THE GOOD OF THE COUNTY TO MOVE PROPERTIES THAT ARE STOPPED.

I COMMEND THE WORK YOU'RE DOING, BUT MORE NEEDS TO BE DONE. THANK YOU FOR YOUR TIME.

>> ANY OTHER QUESTIONS FROM THE MEMBERS? LEGISLATOR TODARO?

>> I JUST WANT TO MAKE A STATEMENT.

IN THE PAST, I'VE SAT IN THREE MEETINGS.

THE VILLAGE OF THE PEW, VILLAGE OF LANCASTER, AND THE TOWN OF LANCASTER, ON ZOMBIE PROPERTIES.

IN THE MEETING WITH THE ZOMBIE COALITION, AND I HEARD NOTHING BUT RAVING FROM THE LOCAL OFFICIALS, AND THE BUILDING INSPECTORS BECAUSE THEY HAVE A VOICE NOW, A TOOL THAT ANYONE WITH A VESTED INTEREST ON THE PROPERTY IS RESPONSIBLE, AND THEY'RE GETTING THE BANKS OFF THEIR HANDS, LET'S SAY TO EXPEDITE THAT PROPERTY TO GET FROM A BLIGHTED SITUATION, TO AT LEAST PUTTING A ROOF ON IT, OR ERADICATING THE RATS IN THE NEIGHBORHOOD, GETTING THE GRASS CUT, MAKING IT SAFER.

I APPLAUD WHAT THEY'RE DOING, AND I'VE WITNESSED IT, AND I'VE HAD NO NEGATIVE FEEDBACK FROM THE COALITION.

I WANT TO MAKE THAT KNOWN BECAUSE THERE'S SOME CONCERNS HERE, THEY'RE VALID.

BUT I'VE ACTUALLY SAT IN THOSE MEETINGS AND I'VE SEEN THE OUTCOME, AND I WANT TO CONGRATULATE YOU.

THANK YOU FOR DOING THE WORK. THANK YOU.

>> THANK YOU, LEGISLATOR TODARO. LEGISLATOR GREENE.

>> THANK YOU. LISTENING TO LEGISLATOR BARGNESI, LISTENING TO LEGISLATOR TODARO, WHAT THEY'VE EXPERIENCED, THE PRIVATE SECTOR.

IT SEEMS LIKE WE HAVE A PROBLEM THAT WE'VE ALL BEEN TRYING TO ADDRESS WITH THE HOUSING CRISIS.

WHAT DO YOU THINK WE COULD DO AS LEGISLATURE, AGAIN, JUST NOT THAT YOUR LEGAL EXPERTS, BUT JUST YOUR OPINION TO MAYBE MOVE THESE PROCESSES ALONG FASTER.

TO GET THESE PROPERTIES INTO THE PRIVATE SECTOR, HAVE PEOPLE INVESTING IN THEM, AND GET THEM BACK ONTO THE MARKET.

IS THERE ANYTHING WE CAN DO FROM YOUR PERSPECTIVE?

>> I WILL SAY WHEN IT COMES TO MORTGAGE BACKING THE ABANDONED PROPERTIES, THERE IS AN EXPEDITED FORECLOSURE PROCESS THAT EXISTS TO GET IT TO A FORECLOSURE SALE FASTER.

THE BANKS DON'T USE IT, AND I DO NOT KNOW WHY.

IT WOULD BE IN THEIR BEST INTEREST TO SELL THESE PROPERTIES QUICKLY SO THAT THEY CAN MAKE MORE MONEY AS OPPOSED TO IT BECOMING MORE UNDERWATER, REQUIRING MORE REPAIRS.

IF WE COULD SOMEHOW COLLABORATE AT A SOLUTION TO USING THAT, IT WOULD BE AMAZING, BECAUSE THE REGULAR FORECLOSURE PROCESS IN NEW YORK STATE IS LONG, AND THAT'S MEANT TO PROTECT HOMEOWNERS.

BUT SEEING AS THE PROPERTIES ARE NOT OWNER OCCUPIED, THE HOMEOWNER IS NOT LIVING THERE, THAT DOESN'T REALLY APPLY.

WHEN IT COMES TO THE PROPERTIES THAT ARE TAX DELINQUENT,

[00:50:03]

THAT HAVE NO MORTGAGES, THOSE ARE THE BIGGEST ISSUES.

THOSE ARE THE PROPERTIES WE RECEIVE THE MOST COMPLAINTS ABOUT, AND THEY ARE THE MOST DIFFICULT FOR US TO DEAL WITH, BECAUSE I CAN'T FORCE IT TO BE ON THE COUNTY AUCTION LIST, I CAN'T FORCE SOMEBODY TO BUY IT.

THERE'S LESS THAT I PERSONALLY AND THE LAW CENTER CAN DO TO PUSH IT TO THAT POINT, AND A LOT OF THE PROPERTIES THAT ARE TAX DELINQUENT THAT WE'VE SEEN, SOMETIMES ARE ONE $200,000 UNDERWATER, AND MOST OF THAT IS INTEREST.

PEOPLE CAN'T CRAWL THEIR WAY OUT OF AN 18% BACK TAX RATE, EVEN IF THEY WANTED TO, IF THEY OWED OVER $200,000 IN TAXES, AND SOMETIMES THAT'S BECAUSE THE OWNER IS DECEASED.

THE ESTATE PROBLEM IS A WHOLE SEPARATE ISSUE, BUT SOMETHING REALLY NEEDS TO BE DONE ABOUT THE TAX DELINQUENT PROPERTIES, BECAUSE THOSE ARE THE HARDEST FOR US TO WORK ON.

OUR WORK IS NOT PREVENTING THESE PROPERTIES FROM GOING TO SALE.

THAT'S WHAT WE WANT. WE WANT PEOPLE TO LIVE IN THEM, WE WANT THEM TO BE OCCUPIED.

BUT IN THE MEANTIME, IF WE CAN BE MAKING THEM SAFER, AND FIXING THEM UP FOR THE COMMUNITY, THAT'S A SERVICE TO THE COMMUNITY IN THE MEANTIME.

BUT THE TAX DELINQUENT PROPERTIES ARE THE BIGGEST ISSUE THAT WE HAVE.

>> ANY OTHER QUESTIONS? WESTERN NEW YORK LAW CENTER, THANK YOU FOR YOUR SERVICE TO THE RESIDENTS OF ERIE COUNTY AND THE WORK THAT YOU DO IN HOUSING REDEVELOPMENT, AND OF COURSE, FOR JOINING US HERE TODAY, WONDERFUL PRESENTATION.

THANK YOU, LADIES. WE'RE GOING TO GET BACK TO GOING THROUGH OUR AGENDA.

WE'RE STILL AT COMMUNICATIONS DISCHARGED FROM COMMITTEE.

COMMUNICATION 16E-19 FROM THE ENERGY AND ENVIRONMENT COMMITTEE.

WE HAVE JOE FIEGL HERE TO SPEAK ON SEWER DISTRICT NUMBER 4. GOOD MORNING, JOE.

>> GOOD MORNING. WHAT I'M REQUESTING TODAY IS AN AMENDMENT AND SUBSEQUENT APPROVAL FOR AN OPENING, AND FOR CONTRACT NUMBER 60A IN SEWER DISTRICT NUMBER 4.

WE OPENED BIDS ON THE PROJECT, THE LOWEST RESPONSIBLE BIDDER WAS CATCO, AT $1.171 MILLION.

IT WAS BELOW THE ENGINEER'S ESTIMATE.

THE MAJORITY OF THE FUNDING WILL BE THROUGH AMERICAN RESCUE PLAN, WITH A SMALL AMOUNT TO BE FUNDED AT A LATER DATE.

EVERYTHING LOOKS IN ORDER, AND IT'S A REALLY IMPORTANT PROJECT WE WOULD LIKE TO ADVANCE.

>> ANY QUESTIONS FROM THE MEMBERS? THIS ITEM WILL BE UP FOR CONSIDERATION TODAY, AND THAT IS AN AMENDMENT?

>> YES, PLEASE.

>> OKAY. COMMUNICATION 2E-23, SEWER DISTRICT NUMBER 3.

>> THIS IS ANOTHER AMENDMENT FOR A BID OPENING THAT WE HAD EARLIER THIS YEAR.

CONTRACT NUMBER 71 AT THE SOUTHTOWNS FACILITY.

IT WOULD BE REPLACING THE HEAT EXCHANGER AT THE PLANT.

HOHL INDUSTRIAL SERVICES WAS THE LOWEST RESPONSIBLE BIDDER AT A LITTLE UNDER $1.5 MILLION.

WE'LL BE FUNDING THIS THROUGH CAPITAL RESERVES, AGAIN, BELOW THE ENGINEER'S ESTIMATE AND EVERYTHING LOOKS IN ORDER, IT'S OUR RECOMMENDATION TO PROCEED AHEAD.

>> GREAT. GOOD TO GO.

UP FOR AMENDMENT AND APPROVAL TODAY.

>> THANK YOU, CHAIR.

>> THANK YOU, MR. FIEGL. CONTINUING ON WITH OUR AGENDA.

SUSPENSION OF THE RULES.

COMMUNICATION 4E-30 FROM LEGISLATOR GILMOUR REGARDING THE LEASE FOR HIS LEGISLATIVE OFFICE SPACE, WILL BE UP FOR APPROVAL.

COMMUNICATION 4E-31 FROM LEGISLATOR BASKIN REGARDING AN APPOINTMENT TO THE ERIE COUNTY AGRICULTURAL AND FARM LAND PROTECTION BOARD WILL BE UP FOR APPROVAL, AND INTRO 4-3 FROM LEGISLATORS MILLS AND GILMOUR REGARDING THE ERIE COUNTY STORE AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS APPOINTMENT.

THIS ITEM WILL BE UP FOR APPROVAL TODAY AS WELL.

CONTINUING ON WITH OUR AGENDA, COMMUNICATION FROM ELECTED OFFICIALS.

COMMUNICATION 4E-1 THROUGH AND INCLUDING 4E-17 AS INDICATED.

CONTINUING ON WITH OUR AGENDA.

COMMUNICATION 4E-18, THROUGH AND INCLUDING COMMUNICATION 4E-29 AS INDICATED.

COMMUNICATIONS FROM THE DEPARTMENTS.

COMMUNICATION 4D-1 THROUGH AND INCLUDING COMMUNICATION 4D-6 AS INDICATED, AND COMMUNICATIONS FROM THE PEOPLE IN OTHER AGENCIES.

COMMUNICATION 4M-1 THROUGH AND INCLUDING COMMUNICATION 4M-6 AS INDICATED.

ANY ANNOUNCEMENTS FOR EACH OTHER? MEMBERS WE'LL RECONVENE AT 12 NOON FOR A FORMAL SESSION.

THANKS. [BACKGROUND] GOOD AFTERNOON EVERYONE.

[00:55:03]

I CALL THIS MEETING OF THE ERIE COUNTY LEGISLATURE TO ORDER.

[ ROLL CALL]

THIS IS MEETING NUMBER 4 OF THE ERIE COUNTY LEGISLATURE, FEBRUARY 15TH, [LAUGHTER] 2024.

MADAM CLERK, WOULD YOU PLEASE TAKE THE ROLE?

>> LEGISLATOR GREENE.

>> HERE.

>> LEGISLATOR LORIGO, NOT PRESENT. LEGISLATOR MILLS.

>> HERE.

>> TODARO.

>> HERE.

>> BARGNESI.

>> HERE.

>> BASKIN.

>> HERE.

>> GILMOUR.

>> I'M HERE.

>> JOHNSON.

>> HERE.

>> KOOSHOIAN.

>> HERE.

>> MEYERS.

>> HERE.

>> VINAL.

>> I'M HERE.

>> CALL PRESENT.

>> THANK YOU. TODAY'S INVOCATION WILL BE LED BY LEGISLATOR VINAL.

PLEASE STAND IF YOU ARE ABLE.

>> I'D LIKE TO READ THE COLLECT BY MARY STEWART.

"KEEP US O GOD FROM PETTINESS.

LET US BE LARGE IN THOUGHT, IN WORD, IN DEED.

LET US BE DONE WITH FAULT FINDING AND LEAVE OFF SELF-SEEKING.

MAY WE PUT AWAY ALL PRETENSE AND MEET EACH OTHER FACE TO FACE WITHOUT SELF PITY, AND WITHOUT PREJUDICE.

MAY WE NEVER BE HASTY IN JUDGMENT, AND ALWAYS GENEROUS.

LET US TAKE TIME FOR ALL THINGS, MAKE US TO GROW CALM, SERENE, GENTLE.

TEACH US TO PUT INTO ACTION OUR BETTER IMPULSES, STRAIGHTFORWARD AND UNAFRAID.

GRANT THAT WE MAY REALIZE IT IS IN THE LITTLE THINGS THAT CREATE DIFFERENCES.

THAT IN THE BIG THINGS OF LIFE WE ARE AT ONE, AND MAY WE STRIVE TO TOUCH AND TO KNOW THE GREAT HUMAN HEART OF US ALL, AND O LORD GOD, LET US NOT FORGET TO BE KIND."

>> AMEN. THANK YOU, LEGISLATOR.

PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE LED BY LEGISLATOR TODARO.

ON WITH OUR AGENDA.

TABLED ITEMS, THERE ARE NONE.

ITEMS FOR RECONSIDERATION FROM THE PREVIOUS MEETING, THERE ARE NONE.

[ MINUTES OF PREVIOUS MEETING: Meeting No. 3]

MINUTES FROM THE PREVIOUS MEETING, MAJORITY LEADER, YOU HAVE THE FLOOR.

>> THANK YOU, MADAM CHAIR. I MOVE FOR IMMEDIATE CONSIDERATION ON ABOVE.

>> SECOND.

>> THERE'S BEEN A PROPER MOTION FOR CONSIDERATION APPROVAL MADE BY THE MAJORITY LEADER HAS BEEN SECONDED BY LEGISLATOR GILMOUR ON THE QUESTION. ALL IN FAVOR?

>> [OVERLAPPING] AYE.

>> ANY OPPOSED?

>> CARRIED UNANIMOUSLY.

>> CARRIED UNANIMOUSLY, THE MINUTES ARE APPROVED.

[ PUBLIC HEARING: Transfer Tax & Road Reserve Fund, 2/15/2024 - 2:00PM]

PUBLIC HEARINGS TODAY AT 2:00 PM.

THERE WILL BE A PUBLIC HEARING ON THE TRANSFER TAX AND ROAD RESERVE FUND HERE IN THE CHAMBERS.

TO NOW WITH OUR AGENDA MISCELLANEOUS RESOLUTIONS ON PAGE 1 CONTINUED ON TO PAGE 2.

[ MISCELLANEOUS RESOLUTIONS:]

MAJORITY LEADER, YOU HAVE THE FLOOR.

>> MADAM CHAIRMAN, I HAVE THE MOTION TO CONSIDER.

>> SECOND.

>> [INAUDIBLE] AT A MOTION TO CONSIDER MISCELLANEOUS RESOLUTIONS MADE BY THE MAJORITY LEADER HAS BEEN SECONDED BY LEGISLATOR JOHNSON ON THE QUESTION. ALL IN FAVOR.

>> AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> OKAY. CARRIMOUSLY MISCELLANEOUS RESOLUTIONS ARE NOT BEFORE THE BODY. MAJORITY LEADER.

>> [INAUDIBLE] APPROVED AT ALL.

>> SECOND.

>> A MOTION TO AMEND AND MAKE AT ALL MADE BY THE MAJORITY LEADER HAS BEEN SECONDED BY LEGISLATOR GILMOUR ON THE QUESTION. ALL IN FAVOR.

>> [OVERLAPPING] AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> UNANIMOUSLY, THE MISCELLANEOUS RESOLUTIONS ARE AMENDED. MAJORITY LEADER.

>> MADAM CHAIR, MOVED TO APPROVE AS AMENDED.

>> SECOND.

>> PROPER MOTION TO APPROVE THE MISCELLANEOUS RESOLUTIONS AS AMENDED MADE BY THE MAJORITY LEADER HAS BEEN SECONDED BY LEGISLATOR JOHNSON ON THE QUESTION. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> THANK YOU. THE MISCELLANEOUS RESOLUTIONS ARE APPROVED AS AMENDED.

CONTINUING ON WITH OUR AGENDA.

LOCAL LAWS, THERE ARE NONE.

[ COMMITTEE REPORTS:]

COMMITTEE REPORTS REPORT NUMBER 3 FROM THE PUBLIC SAFETY COMMITTEE COMMITTEE. CHAIR JOHNSON.

>> THANK YOU, MADAM CHAIR. MOVE IMMEDIATE CONSIDERATION APPROVED.

>> SECOND.

>> MOTION FOR IMMEDIATE CONSIDERATION APPROVAL MADE BY COMMITTEE CHAIR JOHNSON HAS BEEN SECONDED BY LEGISLATOR GILMOUR ON THE QUESTION. ALL IN FAVOR?

>> [OVERLAPPING] AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> OKAY. CHAIR, THE REPORT IS APPROVED.

REPORT NUMBER 3 FROM THE ECONOMIC DEVELOPMENT COMMITTEE.

COMMITTEE CHAIR JOHNSON.

>> MOVE FOR CONSIDERATION.

>> SECOND.

>> THERE'S BEEN A PROPER MOTION FOR IMMEDIATE CONSIDERATION AND APPROVAL MADE BY COMMITTEE CHAIR JOHNSON, HAS BEEN SECONDED BY LEGISLATOR GILMOUR ON THE QUESTION.

ALL IN FAVOR?

>> AYE.

>> OPPOSED?

>> TEN TO ZERO.

>> OKAY. DID HE MOVE THE ENTIRE REPORT?

>> NO, HE JUST MOVED FOR IMMEDIATE CONSIDERATION.

>> OH, MOVE FOR IMMEDIATE CONSIDERATION.

THE REPORT IS NOW BEFORE THE BODY. LEGISLATOR JOHNSON.

>> MOVE TO AMEND THE REPORT BY MAKING ITEM NUMBER 1 RECEIVING BOX. IT'S ACCURATE.

>> THERE'S BEEN A MOTION MADE BY LEGISLATOR JOHNSON.

IT HAS BEEN SECONDED BY LEGISLATOR GILMOUR TO RECEIVE A FILE ITEM NUMBER 1 ON THE QUESTION. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> THE REPORT IS NOW AMENDED, LEGISLATOR.

>> ALL RIGHT, MOVE TO APPROVE THE REPORT AS AMENDED.

>> MOTION TO APPROVE THE REPORT AS AMENDED MADE BY LEGISLATOR JOHNSON, SECONDED BY LEGISLATOR GILMOUR.

ON THE QUESTION. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSED?

>> TEN TO ZERO.

>> THE REPORT IS NOW APPROVED AS AMENDED.

[ LEGISLATOR RESOLUTIONS:]

LEGISLATOR RESOLUTION INTRO 4-1. MAJORITY LEADER.

>> THANK YOU, MADAM CHAIR. I MOVE FOR IMMEDIATE CONSIDERATION AND APPROVAL.

>> THERE HAS BEEN A PROPER MOTION FOR IMMEDIATE CONSIDERATION AND APPROVAL MADE BY THE MAJORITY LEADER. DO HAVE A SECOND.

[01:00:02]

>> SECOND.

>> SECONDED BY MINORITY LEADER MILLS.

ON THE QUESTION. ALL IN FAVOR?

>> AYE.

>> ANY APPROACH?

>> TEN TO ZERO.

>> THE MOTION CARRIES. THE RESOLUTION IS APPROVED.

INTRO 4-2. MR. MEYERS.

>> THANK YOU, MADAM CHAIR. MOVE FOR IMMEDIATE CONSIDERATION AND APPROVAL.

>> THERE'S BEEN A MOTION MADE BY LEGISLATOR MEYERS, WHO HAS BEEN SECONDED BY LEGISLATOR JOHNSON.

ON THE QUESTION. ALL IN FAVOR?

>> AYE.

>> ON THE QUESTION. ROLL CALL.

>> ACTUALLY, ON THE QUESTION, I THOUGHT WE WERE SENDING THIS TO COMMITTEE FOR DISCUSSION.

I KNOW THAT I HAD A TALK WITH THE COMPTROLLER ABOUT WHETHER OR NOT ANY RECOMMENDATIONS ARE EVEN BINDING.

SO I THINK IT'S PRUDENT TO HAVE A DISCUSSION ON WHAT TYPE OF CORRECTION HAPPENS TO BE RECOMMENDED BY THE CONTROL AND THE COMMITTEE.

>> THANK YOU. ON THE QUESTION. LEGISLATOR BARNES.

>> THANK YOU, CHAIRMAN. THAT IS THE POINT.

IT IS THE POINT OF THE COMMITTEE BUT WE ARE AUTHORIZING HIM TO CREATE A PLAN SO IT CAN'T COME TO THE COMMITTEE SO THEN WE CAN'T DISCUSS IT FURTHER.

SO WE'RE AUTHORIZING HERE.

THIS VOTE IS TO AUTHORIZE HIM TO COME UP WITH A PLAN, CLOCK IT IN, AND WE'LL TALK ABOUT IT IN COMMITTEE.

>> ARE YOU AWARE OF A REPORT, LEGISLATOR GREENE, THAT YOU WANT DISCUSSED?

>> I'M JUST THINKING RIGHT NOW, JUST LOOKING AT THE WHOLE IDEA OF PUTTING TOGETHER A CORRECTIVE ACTION PLAN, I THINK IT IS GREAT IDEA.

I JUST WANT TO GET AN UNDERSTANDING ON WHETHER OR NOT THE COMPTROLLER'S TIME PUTTING TOGETHER AN ACTION PLAN ON MAKING RECOMMENDATIONS IS EVEN SOMETHING WITHIN HIS CURRENT POWERS RIGHT NOW, AND THEN WE CAN GO BACK AND LOOK AT ALL THE DIFFERENT TYPES OF AUDITS THAT HAVE BEEN DONE.

IS THIS DAY FORWARD, IS THIS DAY BACK? ARE WE GOING TO BE LOOKING AT PREVIOUS AUDITS OR FUTURE AUDITS? I'D LIKE THE IDEA OF HAVING A DISCUSSION.

I THINK THAT'S THE FIRST STEP THAT WE SHOULD BE TAKING, IS TO HAVE THAT DISCUSSION WITH BOTH THE COMPTROLLER AS WELL AS THE COUNTY ATTORNEY, TO FIGURE OUT WHAT ARE OUR POWERS AND WHAT POWERS DO WE WANT TO NECESSARILY HAVE SHIFTED OVER TO THE COMPTROLLER? WHAT IF HE AUDITS US AND WE DON'T NECESSARILY AGREE.

THE IDEA THAT THE COMPTROLLER IS GOING TO HAVE POWERS THAT MANDATE CORRECTIVE ACTION IS SOMETHING THAT WE SHOULD PROBABLY HAVE A MUCH FURTHER DISCUSSION BEFORE WE GO DOWN THIS ROAD.

>> YOU ARE MISSING THE POINT.

>> ANY QUESTIONS FOR THE SECOND TIME, LEGISLATOR?

>> YOU'RE MISSING THE POINT. THAT IS WHAT WE'RE GOING TO DO.

SO THEY ARE GOING TO HAVE, SO IT'S A PLAN THAT'S GOING TO BE PUT INTO PLACE.

SO IF THEY DISAGREE WITH THE AUDIT, THEN PART THE PLAN WILL STATE THAT THEY CAN COME AND DISAGREE UNTIL THEY MUTUALLY COME UP WITH IT BUT THAT'S THE WHOLE POINT.

WE'RE GOING TO PUT THIS FORWARD FOR FURTHER DISCUSSION.

HOPEFULLY, PUT UP SOME GUIDELINES SO THERE IS AN ACTUAL PLAN CREATED.

SO WHEN AN AUDIT IS IN PLACE THAT SOMEONE DOESN'T LIKE OR WON'T COME UP WITH A PLAN, THEY HAVE TO.

THAT'S THE WHOLE DISCUSSION OF PURPOSE AND I BELIEVE JUST TAKING THIS AND PUTTING THIS RESOLUTION OF COMMITTEE WOULD INITIATE THE DISCUSSION IN ITSELF [OVERLAPPING] IN COMMITTEE BEFORE THERE'S A PLAN.

>> THEY'RE NOT RESPONDING TO EACH OTHER IS NOT REALLY ON THE QUESTION. GO AHEAD GUYS.

>> THANK YOU, MADAM CHAIR. DON'T YOU WANT A PLAN? DON'T YOU WANT TO HAVE SOMETHING TO TALK ABOUT OR DO YOU WANT TO DO THIS?

>> YOU CAN RESPOND, YES, YOU GUYS RESPOND TO EACH OTHER.

>> THANK YOU, MADAM CHAIR. I DON'T WANT TO DISRESPECT THE CHAIR, I APOLOGIZE.

I THINK THAT TAKING THIS AND PUTTING THIS INTO A COMMITTEE DISCUSSION WOULD INITIATE BOTH WHAT THE ACTION PLAN IS AND THE POTENTIAL LEGALITY OF IT.

THAT'S THE WHOLE IDEA.

IT'S GREAT IF THE COMPTROLLER CAN COME UP WITH A PLAN, BUT I THINK HAVING THE COUNTY ATTORNEY IN THERE TO UNDERSTAND WHAT THE SCOPE IS ABOUT WOULD BE TRUE, AND I GUESS THAT'S KIND OF THE DIRECTION THAT I'D LIKE TO SEE THIS GO IS PUT THIS INTO COMMITTEE FOR DISCUSSION.

>> DO YOU WANT TO COME UP WITH THE PLAN? YOU'RE NOT IN THE COMMITTEE TO HAVE A DISCUSSION ON THAT IT, THAT'S WHAT I'M SAYING.

>> BY US NOT ASKING THE COMPTROLLER TO COME UP WITH A PLAN, THAT MEANS YOU'RE MAKING THE PLAN.

I'M NOT QUALIFIED TO MAKE THE PLAN, ARE YOU? SO WE'RE ASKING WHO'S QUALIFIED, WHO DOES THE AUDIT TO COME UP WITH THE PLAN FOR US TO DISCUSS? IT'S NOT HARD, IT'S VERY EASY.

>> I'M NOT MAKING THE PLAN. I'M CALLING FOR HIM TO MAKE THE PLAN.

>> SO THAT'S GOING TO CONCLUDE LEGISLATOR BARNES'S RESPONSE TO LEGISLATOR GREENES ON THE QUESTION.

SO WE'RE GOING TO MOVE ON.

DO ANY OTHER MEMBERS WISH TO SPEAK ON THE QUESTION?

>> YEAH, I THINK WE HAVE TO APPROVE IT TODAY SO THE COMPTROLLER CAN'T COME UP WITH A PLAN.

IN FACT IN BANKING INDUSTRY, YOU HAVE SELF-THOUGHTS, YOU HAVE PLANS THAT GO TO OTHER DEPARTMENTS THAT MET OUT WHEN SOMETHING HAPPENS.

HERE IT IS, WE HAVE A $326,000 CHECK THAT THEY DON'T KNOW WHAT HAPPENED TO THAT.

[01:05:05]

WE WANT TO SEND THAT MOTION TO COMMITTEE TO TALK ABOUT WHAT THE COMPTROLLER SHOULD DO, AS OPPOSED TO SAYING, HEY LOOK COMPTROLLER, HERE YOU'RE GOING TO ASK YOU AND YOUR DEPARTMENT, THE QUALIFIED ONE, TO COME UP WITH A CORRECTIVE ACTION PLAN.

I DON'T KNOW WHERE MOST YOU WORK AT, BUT I'M SURE FOLKS WHO ARE RUNNING BUSINESS HAVE CORRECTIVE ACTION PLANS FOR EACH VARYING DEPARTMENTS.

IN BUSINESS, PEOPLE HAVE TO HAVE THAT JUST IN CASE TO VET OUT ANY OF MISTAKES.

RIGHT NOW, WE HAVE MONEY THAT THEY CANNOT BE IDENTIFIED.

THEY HAVE SOMEBODY IN INVESTIGATION, THEY HAVE A CHECK THAT WENT OUT THAT WAS FRAUD AND COUNTERFEIT.

YOU HAVE TO HAVE THAT LOOKED INTO.

WE HAVE TO PUT SOMETHING IN PLACE BECAUSE WE DON'T KNOW IF THAT'S JUST FOR THE AUDIT.

THEY GET A YEAR'S AUDIT.

THE YEAR'S AUDIT WAS IN DEBT.

WHAT IF THEY WENT BACK FURTHER? WE DON'T KNOW IF THIS IS SOMETHING THAT'S ONGOING OR HOW MUCH THEY WANT.

WE ONLY HAVE ONE YEAR AUDIT THAT CAUGHT ONE TRANSACTION.

IF IT WASN'T AN AUDIT, WE WOULDN'T HAVE CAUGHT THAT CHECK OR KNOW IF THERE'S SOMETHING THAT HAS BEEN WRONG.

SO I THINK IF WE HAVE TO SEND THIS TO THE COMMITTEE, WE HAVE TO SEND THIS TO APPROVAL TODAY SO THAT COMPTROLLER CAN GET TO WORK ON IT, THEY CAN BRING SOMETHING BACK FORTH TO CLOCKTON AND HAVE A VIABLE DISCUSSION ABOUT THIS.

JUST MY THOUGHTS.

>> THANK YOU, LEGISLATOR. [OVERLAPPING].

>> I THINK I CAN CLEAR THIS UP.

IT WAS JUST POINTED OUT TO ME.

SO COMMUNICATION 4D-10.

THE ACTION PLAN IS GOING TO FINANCE THE MANAGEMENT COMMITTEE.

SO IT'S ALREADY HERE. SO WE ARE GOING TO HAVE THE DISCUSSION ABOUT.

YOU GOOD WITH THAT? 4D-10. IT'S ALREADY GOING TO COMMITTEE THE PLAN.

SO WE'RE APPROVING THIS ACTION, AUTHORIZING IT AND THE REPORTED IS THEN GOING TO COMMITTEE 4D-10.

>> OKAY, YES, LET'S SAY IT'S DARREL FOR THE FIRST TIME.

>> YEAH, I'D LIKE TO JUST SAY, ISN'T THE LEGISLATURE, ARE WE THE CORRECT BODY? IF I'M NOT MISTAKEN, IF THE COMPTROLLER HAS AN ISSUE, IF HE PRESENTS IT TO OUR BODY, THEN WE MAKE THE CORRECT LOOK.

I JUST WANTED TO CLARIFY WHERE WE'RE GOING WITH THAT. THANK YOU.

>> ON THE QUESTION.

>> ON THE MOTION TO APPROVE THIS, WE'RE GOING TO JUST HAVE A ROLL CALL VOTE, MADAM CLERK.

>> ON THE MOTION TO APPROVE, LEGISLATOR GREENE?

>> YES TO EXPLAIN MY VOTE. IT SEEMS VERY OBVIOUS AS LEGISLATOR BARGNESI JUST POINTED OUT THAT WE'VE ALREADY GOT SOMETHING GOING TO COMMITTEE THAT'S GOING TO BE IN THE DISCUSSION SPECIFICALLY REGARDING THIS.

THEN WE'RE REALLY VOTING ON NO ACTION WHATSOEVER.

WE'RE VOTING ON WHAT'S ULTIMATELY A USELESS RESOLUTION BECAUSE IT'S ALREADY MOVING FORWARD ON ITS OWN WITH OR WITHOUT THIS RESOLUTION.

TO ME, IT'S AN ABSOLUTE WASTE. I'LL VOTE NO.

>> THANK YOU. LEGISLATOR LORIGO, NOT PRESENT. LEGISLATOR MILLS? TODARO?

>> NO.

>> BARGNESI?

>> NO, I MEAN YES THERE'S MORE ON THIS, ISN'T IT? IT WAS CLOCKED IN THREE TIMES.

THAT'S ALL IT IS.

>> THANK YOU, SIR. LEGISLATOR BASKIN?

>> YES.

>> GILMOUR?

>> YES.

>> JOHNSON?

>> YES.

>> KOOSHOIAN?

>> YES.

>> MEYERS?

>> YES.

>> VINAL?

>> YES.

>> THE VOTE IS 7-3.

THIS MOTION PASSES.

>> THE MOTION CARRIES AND THE RESOLUTION IS APPROVED.

[ COMMUNICATIONS DISCHARGED FROM COMMITTEE:]

CONTINUING ON WITH OUR AGENDA.

COMMUNICATIONS DISCHARGED FROM COMMITTEE.

COMMUNICATION DISCHARGE FROM COMMITTEE, MAJORITY LEADER MEYERS?

>> THANK YOU, MADAM CHAIR. I HAVE THE THREE DISCHARGES.

MOVE TO DISCHARGE COMMUNICATION 2E-1 FROM THE ECONOMIC DEVELOPMENT COMMITTEE.

>> THERE'S BEEN A PROPER MOTION TO DISCHARGE COMMUNICATION 2E-1 MADE BY LEGISLATOR MEYERS AND THE SECOND? SECONDED BY MINORITY LEADER MILLS. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES.

THE ITEM IS NOW BEFORE THE LEGISLATURE. MR. MEYERS?

>> THANK YOU, MADAM CHAIR, MOVE TO APPROVE THE ITEM.

>> SECOND.

>> THERE'S BEEN A PROPER MOTION TO APPROVE THE ITEM MADE BY THE MAJORITY LEADER.

IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES. THE ITEM IS APPROVED. LEGISLATOR MEYERS?

[01:10:01]

>> THANK YOU, MADAM CHAIR. MOVE TO DISCHARGE COMMUNICATION 16E-19 FROM THE ENERGY ENVIRONMENT COMMITTEE.

>> THERE'S BEEN A PROPER MOTION TO DISCHARGE ITEM 16E-19 MADE BY THE MAJORITY LEADER AND IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES AND THE ITEM IS NOW BEFORE THE BODY. MAJORITY LEADER?

>> THANK YOU MADAM CHAIR. MOVE TO AMEND COMMUNICATION 16E-19 WITH WHAT'S BEEN PASSED OUT.

>> THERE'S BEEN A PROPER MOTION TO AMEND THE ITEM WITH WHAT'S BEEN PASSED OUT MADE BY THE MAJORITY LEADER.

IT HAS BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES. THE ITEM IS NOW AMENDED. MAJORITY LEADER?

>> MOVE TO APPROVE AS AMENDED.

>> THERE'S BEEN A PROPER MOTION TO APPROVE THE ITEM AS AMENDED MADE BY THE MAJORITY LEADER HAS BEEN SECONDED BY LEGISLATOR JOHNSON. ALL IN FAVOR?

>> AYE. [OVERLAPPING].

>> ANY OPPOSED?

>> 10-0.

>> THE ITEM IS APPROVED AS AMENDED.

MAJORITY LEADER, YOU HAVE THE FLOOR.

>> THANK YOU, MADAM CHAIR. I MOVE TO THIS CHARGED COMMUNICATION 2E-23 FROM THE ENERGY ENVIRONMENT COMMITTEE.

>> THERE'S BEEN A PROPER MOTION MADE BY THE MAJORITY LEADER.

IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> CARRIED UNANIMOUSLY.

I'M SORRY. THE MOTION CARRIES.

THE ITEM IS NOW BEFORE THE LEGISLATURE.

MAJORITY LEADER, YOU HAVE THE FLOOR.

>> THANK YOU, MADAM CHAIR. MOVE TO AMEND COMMUNICATION 2E-23 WITH WHAT'S BEEN PASSED OUT.

>> SECOND.

>> THERE HAS BEEN A PROPER MOTION TO AMEND THE ITEM WITH WHAT'S BEEN PASSED OUT MADE BY THE MAJORITY LEADER.

IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED.

>> 10-0?

>> THE MOTION CARRIES. THE ITEM IS NOW AMENDED. MAJORITY LEADER?

>> THANK YOU, MADAM CHAIR. MOVE TO APPROVE COMMUNICATION TO 2E-23 AS AMENDED.

>> THERE HAS BEEN A PROPER MOTION TO APPROVE THE ITEM AS AMENDED MADE BY THE MAJORITY LEADER.

IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING].

>> ANY OPPOSED?

>>10-0.

>> THE ITEM IS APPROVED AS AMENDED.

[ SUSPENSION OF THE RULES:]

SUSPENSION OF THE RULES.

MR. MEYERS WILL GO FIRST.

>> THANK YOU, MADAM CHAIR. I HAVE THREE SUSPENSIONS TODAY.

THE FIRST IS FROM LEGISLATOR GILMOUR A LEASE AGREEMENT FOR HIS LEGISLATIVE OFFICE SPACE.

>> MADAM CLERK?

>> COMMUNICATION 4E-30.

>> MEYERS?

>> THANK YOU, MADAM CHAIR. MOVE FOR IMMEDIATE CONSIDERATION AND APPROVAL.

>> SECOND.

>> THIS ITEM IS UP FOR IMMEDIATE CONSIDERATION AND APPROVAL MADE BY THE MAJORITY LEADER.

IT HAS BEEN SECONDED BY LEGISLATOR JOHNSON. ALL IN FAVOR?

>> AYE. [OVERLAPPING] ANY OPPOSED?

>> 10-0.

>> ABSTAINED.

>> ONE ABSTENTION.

>> 9-0 TO 1.

>> THE MOTION CARRIES. THE ITEM IS APPROVED.

>> MAJORITY LEADER?

>> THANK YOU, MADAM CHAIR. THE NEXT IS FROM CHAIR BASKIN.

APPOINTMENT TO THE ERIE COUNTY AGRICULTURAL AND FARM LAND PROTECTION BOARD.

>> MADAM CLERK.

>> COMMUNICATION 4E-31.

>> MR. MEYERS.

>> MOVE FOR IMMEDIATE CONSIDERATION AND APPROVAL.

>> THERE HAS BEEN A PROPER MOTION FOR IMMEDIATE CONSIDERATION AND APPROVAL MADE BY THE MAJORITY LEADER, IT'S BEEN SECONDED BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES. THE ITEM IS APPROVED. MAJORITY LEADER?

>> THANK YOU, MADAM CHAIR.

THE FINAL SUSPENSION IS FROM LEGISLATOR MILLS AND GILMOUR, ERIE COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS APPOINTMENT.

>> MADAM CLERK?

>> INTRO 4-3.

>> MAJORITY LEADER?

>> MOVE FOR IMMEDIATE CONSIDERATION AND APPROVAL.

>> THERE HAS BEEN A PROPER MOTION MADE BY THE MAJORITY LEADER.

IT'S BEEN SECONDED BY LEGISLATOR GREENE.

I'M SORRY. THERE'S NO QUESTION. ALL IN FAVOR?

>> AYE. [OVERLAPPING]

>> ANY OPPOSED?

>> 10-0.

>> THE MOTION CARRIES AND THE ITEM IS APPROVED.

LEGISLATOR VINAL, I'LL RECOGNIZE YOU FOR THE PURPOSE OF SUSPENSIONS.

>> MOVE TO SUSPEND A RESOLUTION REFERRING THE THEFTS OF ERIE COUNTY CLERK'S OFFICE TO THE FEDERAL WHITE COLLAR CRIMES UNIT.

I WOULD ASK IT TO BE, THERE WAS A DISCUSSION AMONGST THE LEGISLATURES AND THERE'S A FACTUAL ISSUE ON IT THAT WE NEED TO ADDRESS BECAUSE IT'S DIFFERENT MEMORIES OF WHAT HAPPENED.

I'D ASK THAT BE REFERRED TO FINANCE AND MANAGEMENT.

>> HAS EVERYBODY SEEN THIS ITEM? SUSPENSIONS ARE NOT DEBATABLE.

IF THERE'S NO DEBATE, I GUESS JUST UNDER MY AUTHORITY AS CHAIR AND I'LL SEND IT TO FINANCE AND MANAGEMENT.

I THINK THERE ARE NO OBJECTIONS. COMMUNICATION NUMBER?

>> INTRO 4-4.

>> IT'S INTRO 4-4 AND IT WILL BE DESIGNATED TO THE FINANCE AND MANAGEMENT COMMITTEE UNDER MY AUTHORITY AS CHAIR.

CONTINUING ON WITH OUR AGENDA.

COMMUNICATIONS FROM ELECTED OFFICIALS? YES. QUESTIONS?

>> YOU CAN GO AHEAD.

>>LEGISLATOR GREENE?

>> I HAVE A SUSPENSION TO HAND IN REGARDING LEGISLATOR LORIGO'S ABSENCE TODAY.

>> WE ARE STILL ON SUSPENSIONS.

THIS SUSPENSION IS REGARDING THE ABSENCE OF THE LEGISLATOR, MADAM CLERK ITEM NUMBER?

>> COMMUNICATION 4E-32.

>> THIS ITEM WILL BE RECEIVED, FILED, AND PRINTED UNDER MY AUTHORITY AS CHAIR.

CONTINUING ON WITH OUR AGENDA.

[ COMMUNICATIONS FROM ELECTED OFFICIALS:]

COMMUNICATIONS FROM ELECTED OFFICIALS.

COMMUNICATION 4E-1 THROUGH AND INCLUDING COMMUNICATION 4E-29 AS INDICATED.

[ COMMUNICATIONS FROM THE DEPARTMENTS:]

COMMUNICATION FROM THE DEPARTMENTS.

COMMUNICATION 4D-1 THROUGH INCLUDING COMMUNICATION 4D-6 AS INDICATED.

[ COMMUNICATIONS FROM THE PEOPLE AND OTHER AGENCIES:]

COMMUNICATIONS FROM THE PEOPLE AND OTHER AGENCIES.

COMMUNICATION 4M-1 THROUGH AND INCLUDING COMMUNICATION 4M-6 AS INDICATED.

[ ANNOUNCEMENTS:]

[01:15:05]

ANNOUNCEMENTS. NEXT WEEK THERE IS A BREAK FOR THE LEGISLATURE.

WE WILL CONDUCT COMMITTEE MEETINGS IN TWO WEEKS ON THURSDAY, FEBRUARY 29.

THE SCHEDULE WILL BE SENT OUT NEXT FRIDAY, FEBRUARY 23RD.

THE NEXT SCHEDULED SESSION OF THE ERIE COUNTY LEGISLATURE IS THURSDAY, MARCH 7.

ARE THERE ANY OTHER ANNOUNCEMENTS? PLEASE STAND IF YOU ARE ABLE FOR

[ MEMORIAL RESOLUTIONS:]

MEMORIAL RESOLUTIONS. LEGISLATOR TODARO?

>> THANK YOU, MADAM CHAIR. I MOVE TO ADJOURN IN THE MEMORY OF SYLVIA GARGANO, ROBERT [INAUDIBLE] AND A DEAR FRIEND OF MINE, GIOVANNI FALCONE.

>> WE ARE SORRY FOR YOUR LOSS LEGISLATOR. LEGISLATOR VINAL?

>> I'D LIKE TO MOVE TO CLOSE IN MEMORY OF PETER BERGER, LONGTIME RESIDENT OF WESTERN NEW YORK AT AMHERST.

HE HAD A LONG CAREER IN FINANCES AND TOO DIED RECENTLY LEAVING MANY GRANDCHILDREN.

>> SORRY FOR YOUR LOSS. LEGISLATOR MILLS?

>> THANK YOU, MADAM CHAIR. I'D LIKE TO ADJOURN THE MEMORY OF BRIAN [INAUDIBLE] AND SHEILA MERRILL.

>> WE ARE SORRY FOR YOUR LOST LEGISLATOR.

MADAM CLERK. I'D LIKE TO ADJOURN IN THE MEMORY OF JOANNE WILEY.

SHE'S MY OLDER COUSIN WHO JUST FOUND OUT MOMENTS AGO THAT SHE PASSED AWAY LAST NIGHT.

SHE'S THE OLDER SISTER OF LONGTIME COMMUNITY SERVANT AND SWAT COMMAND LEADER FOR THE BUFFALO PD, CEDRIC HOLLOWAY, AND THE OLDEST CHILD OF COMMUNITY ACTIVISTS IN 1970'S YOUTH BOARD COMMISSIONER JOHNNY B. WILEY AND SHE WILL BE MISSED.

A MOMENT OF SILENCE FOR THOSE THAT HAVE GONE ON TO BE WITH THE LORD.

AMEN, I'LL ENTERTAIN A MOTION TO ADJOURN.

>> SO MOVED.

>> MOTION TO ADJOURN BY LEGISLATOR JOHNSON.

SECOND BY LEGISLATOR GILMOUR. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSED?

>> 10-0.

>> WE STAND ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.