In the Caucus Meeting, members discussed the Department of Assessment and Taxation’s request to hire an “In Rem expert.” The City of Buffalo used to hold In Rem auctions. At these auctions, the city would sell off property that it had foreclosed on. For example, if a homeowner stopped paying their property taxes, the city could take that property and sell it. However, the last In Rem auction was in 2019, before COVID-19. The council members wondered why the department would hire a specialist since an In Rem auction hasn’t happened in years.

At issue is this: in 2019, Buffalo ran an illegal In Rem process. The city foreclosed on properties, auctioned them off, and then kept all the money—even if they profited above and beyond what the property owners had owed. A 2023 court decision said this was illegal. However, the city claims that it cannot give any of the money back because it would be “a gift of public funds.” Council Member Feroleto said that the Law Department agreed that yes, the city had taken money they should not have, but now they can’t legally return it.  

Council Member Wyatt challenged the hiring request. “This shouldn’t even be on the table. Why are we hiring someone if we haven’t finalized that issue [of how to get residents the money they’re owed]?”

In the Regular Meeting, the request for an In Rem expert was sent to the Civil Service Committee, where it will be discussed next week. Council Member Wyatt is the head of that committee.

The council adopted a resolution requiring the Law Department to draft a law banning the sale of menthol tobacco in the city. Once it is written, the council will vote on it. Council Member Feroleto voted against the resolution.

Council Woman Everhart proposed new regulations about young people at the city’s Juneteenth festival to prevent “violence and nonsense” and promote a more peaceful celebration. These would include activities for youth and providing “educational, uplifting” content. Young people will be included in developing this policy, which includes a rule that no one under age 18 will be allowed at the festival without an adult or a sponsoring organization. The council sent this resolution to the Legislation Committee.

A few other items on the Common Council’s radar:

• On Monday, Majority Leader Leah Halton-Pope joined other elected officials to support the Genesee Street Passport Office. The federal government has issued plans to relocate it to somewhere suburban, instead of downtown, where it is easily accessible by public transport.
• The Buffalo Urban Development Corporation (BUDC) submitted to the council its completed development proposal for the Northland Beltline district. This area is considered a “brownfield opportunity area.” Because environmental contamination and vacant properties have left it underfunded and in disrepair, groups have come together to decide what their neighborhoods need and to make proposals for investment. These plans could unlock a lot of state and federal funding.
• On Thursday, the Common Council celebrated on Facebook the ten year anniversary of the Supreme Court’s Obergefell decision legalizing gay marriage.
• Council members approved the nomination of four new members to the board of the Buffalo and Erie County Public Library. Their monthly meetings are public and recorded.