This week's summary focuses on three Common Council meetings: the Legislation Committee, the Community Development Committee, and the Finance Committee. The Legislation Committee focuses on local laws, ordinances, and general legislation—except for civil matters. The Community Development Committee focuses on matters pertaining to work or improvement using revenue from another government unit. The Finance Committee concerns all matters about the budget and issuance of bonds.

A discussion about a public hearing for a special use permit for 1963 Fillmore Avenue in the Masten District took up most of the Legislation Committee Meeting. It would be a new business dedicated to a halal-style chicken coop and slaughterhouse if approved. A lawyer from Sutton Architecture spoke on behalf of the client and mentioned the business would look to process 300 chickens a week with the remains discarded in the dumpster area daily.

Many community members spoke in person and virtually, raising concerns about the slaughterhouse as there are four public schools in the area and community centers. There was criticism about smells emitted from the slaughterhouse. Additionally, there were no previous notices about the project. 

During the Community Development Meeting, a representative from the Buffalo Public Schools Board of Education, Buffalo Bicycle and Pedestrian Advisory Board, Go Bike Buffalo, and Citizens for Regional Transit addressed the Council in support of its resolution to establish a future municipal sidewalk snow removal program. Each speaker described the idea as a worthwhile investment that protects the most vulnerable pedestrians. 

Larry Scott, Buffalo Board of Education Member-at-Large, said that the City of Buffalo has a responsibility to guarantee safe passage to and from school. He also stated that way too many children had to walk in the street to catch a school bus this year because the City did not clear the sidewalks. Because bus shelters remained uncleared—and buses could not travel down some streets—many kids missed school. Scott argued that if other towns surrounding the city could preserve good school attendance, Buffalo must do the same. With Buffalo leading New York State in snowfall this year, he said the City should follow successful examples of municipal sidewalk shoveling in other cities, like Rochester and Syracuse. 

Justin Booth, Go Bike Buffalo Executive Director, explained that 30% of Buffalo residents don't own cars. As a result, sidewalks must be walkable and bikeable. Some pedestrians are among Buffalo's most vulnerable members. Booth pointed out that the Humboldt Rail Station is underutilized in the winter due to inadequate snow removal from sidewalks. He emphasized the importance of studying the Syracuse pilot program. According to Booth, Syracuse spent $690,000 for a private contractor to clear 100 miles of sidewalks in the vicinity of schools and NFTA stops. He urged the Council to "Make sure our budget reflects our values."

Douglass Funke, President of Citizens for Regional Transit, said people with disabilities in Buffalo are especially vulnerable. He reminded the Council that taxes are for things like this. Funke explained how he rides his bike every day, even in the winter, and insists on clearing NFTA bus shelters so that public transportation remains accessible. While "young and able-bodied people" can shovel without a problem, seniors and people with disabilities may have extreme difficulty. 

Lynne Magdol, a member of the Bicycle-Pedestrian Advisory Board, said that although she cannot speak for everyone on her board, she personally "wants something new." Magdol recommended the City adopt a sidewalk clearing program and consider restorative and redistributive systems rather than just monetary fees.

Council Members Wyatt and Golombek said there should be a line item in next year's budget to start a pilot program for municipal sidewalk shoveling, increased education of City residents and business owners, and accountability for those who refuse to shovel. Golombek recommended starting with a small pilot program, like Rochester and Syracuse.

Council Members Feroleto and Wingo urged caution. Feroleto pointed out that municipal sidewalk shoveling will cause taxes to go up, and Buffalo has more sidewalks than Rochester and Syracuse. He also said he strongly opposes a $10 million municipal snow plan. However, Feroleto noted he would support a small pilot program that prioritizes high-need areas of the city.

Wingo agreed with Feroleto and went further, stating, "It is the responsibility of the property owner to shovel." He argued that businesses need reminders and accountability and recommended giving residents and business owners an option to shovel their sidewalks. Wingo said that the NFTA—a federally-subsidized entity—should take responsibility for how it will clear bus shelters next year.

Council Member Rivera wanted more details about the cost of contracting out for municipal sidewalk clearing and whether the City has the capacity for this work itself. He argued for targeting municipal snow shoveling in specific areas, like shelters, city-owned lots, and sidewalks frequented by seniors and the disabled. Council President Pridgen recommended communication, collaboration, and flexibility among the Buffalo School Board, Erie County legislature, the City of Buffalo, the Common Council, and the NFTA. 

Council Member Wyatt began a discussion about the importance of free, public access to the government channel. Wyatt wants Spectrum Cable to restore the government channel to a local channel accessible to all residents without the barrier of needing to pay for service. Mark Meyerhofer, Senior Director of Government Affairs of Charter Cable, told Wyatt and the Common Council that Spectrum is committed to addressing the digital divide. 

For example, Spectrum offered free cable to 2,900 homes for 60 days during the pandemic. Meyerhofer stated that the government channel has always been available only through cable, but a Spectrum subscription and digital converter box are not needed. Any basic cable service is enough. He also said that Spectrum did not need community authorization to move channels and praised the City of Buffalo for investing in capital projects and providing "robust service" to residents. If Buffalo wants public access, Meyerhofer suggested calling one of the local TV channels to work out an agreement.  

Wyatt called Meyerhofer out. "Spectrum exists because of the customers! You increase fees, you decrease services, and you are not interested in changing," he said. "Why don't you just say that?" The council member also argued that Buffalo residents pay a "peg" fee and deserve free access to the government channel.  

​​The primary topics of conversation during this week's Finance Committee Meeting included the Buffalo Fiscal Stability Authority's official role and their relationship with the Common Council, the proposed American Rescue Plan (ARP) funding allocation for Northland Workforce Training Center, concerns about the costs of overtime pay for police and firefighters, and the processes for disbursing surplus funds from the same of foreclosed properties at auction.

The committee spent more than an hour discussing the role of the Buffalo Fiscal Stability Authority (BFSA) and the nature of its relationship with the Common Council. (For context, the BFSA serves as a control board for the city. The state mandated it in 2003 in response to Buffalo being in financial crisis.)

Specifically, council members expressed grave concerns that the BFSA costs Buffalo taxpayers over $1 million annually. It does not provide clear, actionable, or timely information to the Common Council to inform their decision-making around the annual city budget. Multiple council members expressed their frustration that the BFSA provides reports and analyses after it is too late for the city's budget to be modified. There are no existing communication channels or regular processes for the Common Council and the BFSA to work together. Additionally, council members expressed concern that the influx of ARP funds could lure the city into a false sense of financial security. The body explicitly asked for the BFSA's guidance to ensure the city sets itself up for financial stability after the ARPA funds are gone.

Jeannette Robe, Executive Director of the BFSA, Fred Floss, one of the Directors of the BFSA, and Bryce Link, Principal Analyst for the BFSA, were all in attendance at the meeting. Robe explained that the responsibilities of the BFSA are to provide financial oversight, primarily through review and approval of the city's multi-year financial plans, and through ongoing analytics. This includes reviews of the four-year financial plans—including for the City of Buffalo, the Buffalo Public Schools, the Buffalo Municipal Housing Authority, and the Buffalo Urban Renewal Agency) and the ARP and any proposed city borrowing. The BFSA also reviews all collective bargaining agreements to ensure funding mechanisms for supporting labor costs.

The conversation about the historical disconnect between the Common Council and the BFSA was long and often tense. Three main issues that surfaced were:

• There is no established process for the BFSA to work with the Common Council;
• Several appointed Board seats are vacant, and the BFSA often needs to cancel Board meetings because they can’t reach a quorum; and
• The legislation that created the BFSA and that lays out its mandate does not include timelines that align with the timelines/needs of the Common Council 

During the conversation, the BFSA and the Finance Committee agreed that it would be helpful to establish regular standing meetings between the BFSA and Common Council to improve communications and strengthen collaborative efforts. Council President Pridgen suggested the Common Council pass a resolution urging Governor Hochul, the State Legislature, and the State Comptroller to appoint new members to the vacant BFSA Board seats as soon as possible. There are currently three vacancies on the Board, including seven seats appointed by the Governor, one appointed by the Legislature, one appointed by the State Comptroller, and two ex-officio seats—one held by Mayor Brown and one held by County Executive Poloncarz.

Council members declined to make any determination regarding a $2 million contract with Northland Workforce Training Center (NWTC) as part of the American Rescue Plan (ARP) spending plan until the Executive Director of the NWTC comes to a meeting to explain services, goals, performance metrics, and share testimonials from city residents. The Finance Committee expressed concern about the fairness of the selection process, with multiple council members wanting to ensure all districts equitably benefit from ARP allocations.

Finance Committee Chair Wyatt asked Deputy Comptroller Delano Dowell about whether there are regular overtime audits and expressed concerns that the police and fire department overtime costs are out of control. Deputy Comptroller Dowell shared that there were audits in 2014, 2016, and 2021, with an audit planned for this fiscal year. He highlighted that there are tradeoffs between the costs of filling vacant positions and offering overtime, and the cost tradeoffs can be complex. Council Member Wyatt asked for more analyses and comparisons to the overtime costs in other comparable cities.

Amy Gathings, a Supervising Attorney with the WNY Law Center, then provided recommendations to the City for administering the surplus funds resulting from the sale of foreclosed properties. When the City of Buffalo forecloses on properties that have defaulted on taxes, the properties are sold at auction, and any remaining funds from the sale after deducting taxes owed are considered "surplus" funds. Former property owners are entitled to these funds to recover the equity they lost in the home. Gathings made several recommendations, including formally codifying the City's policy that former property owners are entitled to surplus funds and codifying how these funds are accessible. She also advises establishing a formal notification procedure to ensure former property owners are aware they're entitled to surplus funds and removing the eligibility requirements that require them to prove financial hardship, excluding former owners of non-owner-occupied properties.

The City of Buffalo retains unclaimed funds in its general fund. Council Member Wyatt mentioned the possibility of having an independent third party administering the funds so there is not a conflict of interest with the City, which would stand to benefit from people not claiming funds.

Finally, the Finance Committee approved an amendment of the city budget to allocate $88,000 for a program manager administering the CARES Act funding for the Buffalo Urban Renewal Agency and approved the refinancing of a bond for the Buffalo Public Schools. The latter will save an estimated $730,000 over the next nine years.

Need more than just a summary? Contact us at info@ppgbuffalo.org, or find full meeting information and schedules here: http://buffalony.iqm2.com/Citizens/Default.aspx