Buffalo Common Council Summary: Week of December 18, 2023

Date: December 22, 2023
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by Regine Ndanga and Caitlin Crowell

Each week, PPG summarizes important takeaways from the major Buffalo Common Council meetings. We also include information from council meetings related to our Community Agenda items. If you want to learn more about how the council meetings work and how you can get involved, check out our guide.

For this summary, we will report on the Civil Service, Finance, Legislation, and Community Development Committee meetings. ‘Council Member’ is abbreviated as CM; ‘Council President’ as CP; and ‘Majority Leader’ as ML.

The Civil Service Committee meeting was very brief. CM Nowakowski provided an update on the City Comptroller's investigation into employees on paid leave. He mentioned that the Comptroller had visited him, shared investigation documents, and indicated that the findings would be submitted in time for the next full council meeting.

In the Finance Committee, Commissioner of Administration and Finance Delano Dowell spoke about the newly-negotiated contracts between the city and Teamsters Local 264, the pipe caulkers, who fix water mains. There are 37 positions budgeted for, but of those, 15 are unfilled. People interested in this work should contact the Department of Public Works; these jobs’ salaries start between $49,000-$56,000.

Nate Marton, Commissioner of the Department of Public Works, came to speak about the management of the Erie Basin Marina. He said that the operator, Smith Boys, is up to date on their liability insurance, as well as their payments to the city, including the annual rent of $1. This information seems to contradict what the comptroller’s office reported to the council on 12/5/23.

The contract also calls for the operator to pay the city 20% of any net profit over $80,000. According to their profit and loss reports, Smith Boys makes around $83,000 annually in profit. We can't tell from these conversations in council whether the company has been paying this 20% or not. 

CM Nowakowski said that the marina should be revenue-producing for the city, rather than something the city subsidizes for boaters. ML Rivera stated that he felt it was an important public asset.

CM Wyatt asked for an update about American Rescue Plan funding for small businesses, especially those that are not getting money because they are behind on their taxes. Delano Dowell said that those businesses had been put in contact with the Exchange at Beverly Gray for technical help with their applications. CM Wyatt and ML Rivera reiterated their disgust at the glacial pace at which this money is getting out.

In the Community Development Committee meeting, Ellicott Development briefly discussed their plans for an affordable housing apartment project on Genesee and Brown Streets. They said that to achieve enough density to be profitable, they would need to build a five or six story building. The committee recommended approval.

Fleet Manager James Cross and Emergency Manager Thomas Luby spoke to the committee about the city’s snow plan. Cross said that the city needs to hire more people in maintenance, so he had gone to talk to seniors at Burgard High School to suggest that they apply to work for the city.

In the Legislation Committee, much of the meeting concerned Douglas Development’s unapproved construction of a porte-cochère (a covered entrance for vehicles to drive through) and party deck on the landmarked Richardson complex. The National Parks Service okayed this construction, but Buffalo’s Preservation Board had denied a permit for the structure as designed. Douglas was asking the council to overturn the Preservation Board’s decision. Bernice Radle, from Preservation Buffalo Niagara, said that this matter was in fact about a larger question—the legitimacy of the city’s boards. She and many others urged the council to uphold the Preservation Board’s finding that the porte-cochère should not be allowed, arguing that the board acted properly to protect the property’s historic significance. Siding with the board decision, Radle said, would signal to the public that all developers will be treated equally.

People in favor of overturning the decision (including Douglas employees, some council members, and others) pointed out that despite a national search, Douglas Development was the only company to come forward and offer to run the hotel. The previous owners, CM Feroleto reminded people, just closed the doors and left, taking people’s deposits (and a good deal of public money) with them.

The council will revisit this in a full vote at the next regular meeting.