Buffalo Common Council Summary: Week of November 22, 2021

Buffalo Common Council Summary: Week of November 22, 2021

Date: December 3, 2021
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By Becca Bass, Elizabeth Quinlan & Johnny Qiu|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.

For this summary, we will focus on the Legislation Committee, Community Development Committee, and Finance Committee meetings. 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.

During the Legislation Committee meeting, there was a public hearing regarding 797 Broadway for tobacco sales in an N-3C Zone. An N-3C Zone is for commercial use in heavy traffic areas. Property owner Lucky Misjid stated he would use the location to sell tobacco products and cultural items from 10 a.m. to 8 p.m. Councilmember Mitch Nowakowski spoke in approval for this project and recommended having this sent with the conditions for operations.

There is a special use permit submission for 600 Delaware Avenue to become a human services facility. Ann Constantino, CEO of Horizon Health, spoke about the project. Horizon Health currently provides mental health and substance use services to youth and adults in Erie County. Constantino noted Horizon Health is not a methadone treatment center. She highlighted the epidemic regarding mental health services, stating that over 80,000 lives were lost to mental health disorders last year—doubling the lives lost in the Vietnam War. Benderson Development currently owns this property, and Horizon Health has worked with the corporation on several properties. 

Mr. Jonathan White spoke on behalf of several residents of Allentown in opposition to this special use permit. He stated that many residents are opposed as other buildings exist for people to seek services. He noted that Allentown already has a reputation as a social services neighborhood with several facilities that offer these services. Adding an additional building may not be the best course of action to face this epidemic. He also mentioned that if the goal is to assist people with mental health and substance use disorders, Horizon should seek a new location outside the city to reach those in the outskirts. Mr. White requested that Erie County and the state conduct a study to find suitable sites for the next facility. 

A gentleman, who did not disclose his name, spoke in support of this project. He lost his son ten years ago to suicide after he was denied mental health services. He mentioned that compassion is needed and that people in neighborhoods may not see service centers as necessary because they have not directly affected them. He fully supports Horizon entering the community to help fight the epidemic and suggested compromising with Horizon instead of shutting them out. 

Resident and property owner Liz Culkin spoke about her opposition because of the proximity of Evergreen Health Services, Best Self, and senior living facilities in the area. Ms. Culkin has lived in Allentown for the past 60 years and picked up needles, garbage, and drug paraphernalia. She believes it's time that others also step in since Allentown has done its part. Many business owners opposed the facility because of its potential impact on future business with its proximity to hotels and restaurants.  In-house counsel for Benderson Development spoke in opposition. The corporation completed a study on the area and found that it does not seem to be harmonious and will impede future development. 

After the public hearing, Councilmember Nowakowski asked if this was the only location that Horizon Health reviewed. Ann Constantino mentioned that they are always looking for new properties, but parking is vital, and 600 Delaware Ave offers that. Ann Constantino mentioned that all drugs are regulated and will not become a problem in response to pharmaceutical concerns. She also addressed over-saturation in the area but noted a waitlist for mental health appointments. 

During the Community Development Committee meeting, Michael Norwood, a spokesperson for the Buffalo Black Billion Dollar Initiative, spoke to the Council about the High Street Market Project proposed for the Buffalo Fruit Belt neighborhood. He wants the City of Buffalo Office of Strategic Planning, Division of Real Estate, to approve a one-year "Designated Developer Agreement" with St. John Fruit Belt Community Development Corporation (SJFCDC) to purchase and develop 226, 232, 236, and 238 High Street. 

Mr. Norwood said Key Bank and WECGOD II, Inc. would fund the $800,000-$1,000,000 project. It will house a prepared food market where local operators lease space and sell fresh fruits, vegetables, and packaged goods. He described the project as an "economic engine for church-based community development," focusing on investing in youth through mentoring, character building, and workforce development. A youth leadership academy will provide nutritional education and train young people in urban farming and business management. Students will learn about purchasing, real estate, human resources, bookkeeping, and entrepreneurship during after-school programs.  
 
Mary Ruth Kapsiak, the educational consultant for this project, explained that the benefits of the High Street Market will be "multi-generational." People of all ages will come together to work with soil, grow fresh greens and tomatoes, and appreciate a plant-based diet. She said the market would provide part-time jobs for students under 18 and full-time jobs for people over 18. Sharon Bachman, Agriculture and Natural Resources Educator for the Cornell Cooperative Extension of Erie County, told Common Council that the "Seed to Supper" initiative would partner with the High Street Market. Seed to Supper is an urban gardening curriculum designed to grow fruits and vegetables on a budget. 
 
Councilmember Wyatt asked if SJFCDC engaged community members in planning the High Street Market Project. Mr. Norwood said that there were three community meetings. He added this project plans for 10 parking spaces with a timeline determined next month. Councilmember Wyatt explained that although the City of Buffalo is under a no-sale moratorium, this project is being considered because this land was promised to the SJFCDC prior to the moratorium. The Council approved a motion to table this item for further discussion. 

Steve Ricca, an attorney who spoke on behalf of Cedarland Development Group, asked councilmembers to approve a 35-unit residential project located at the corner of Michigan Avenue and Best Street in Buffalo. He explained that the lot has been neglected over the years with deteriorating sidewalks, so the project will improve the neighborhood and blend with the streetscape. Because the project is "harmonious with adjacent land uses," the project received no opposition to his knowledge. The committee approved a motion to send this item to the full Council for further consideration.

The Finance Committee was scheduled to discuss the Annual Comprehensive Financial Report but requested more time for review. Deputy Comptroller Delano Dowell, Sr., shared that the Comptroller's Office is working on a summary. There will also be an information session for the Common Council members before the next meeting. The committee adopted the item "Support for a Buffalo Stadium." Councilmember Rivera clarified for the record that the City of Buffalo and the Common Council have not been part of any of the negotiations around the stadium deal or given a seat at the decision-making table. Councilmember Rivera emphasized that the Council's public meeting on November 16 was part of its efforts to demand more transparency, city government involvement, and public accountability for the process. Common Council does not have the authority to make any decisions regarding the placement of the stadium.  

The committee returned to the tabled agenda item regarding distributing the in-rem 53 housing auction surplus funds. Tim Ball from the City of Buffalo's Corporation Counsel was in attendance to provide more information following the previous committee meeting. Ball shared that a proactive outreach process for contacting previous property owners was supposed to launch in June 2020, but due to COVID, he decided to postpone outreach until his office could safely process all the pieces of the claims that required in-person interaction. 

The City publicly posted the list of surplus funds on October 15 in response to seven previous property owners reaching out about the funds. Ball's office considers this the "soft launch" of the outreach process. The start date on the statute of limitations for applying for funds will only begin after the city mails notice to individuals, which has not yet happened and will not happen until Ball feels his office can safely process claims. Ball reiterated that for non-lien holders, the statute of limitations for filing a claim is five years. 

Councilmember Rivera emphasized the Common Council's concerns about the lack of clarity in the overall process of contacting eligible former property owners and in the requirements and expectations for previous owners seeking to pursue the funds. Councilmember Rivera advocated making the process as accessible and streamlined as possible to ensure former property owners can access the entitled funds. 

Corporation Counsel Ball noted that the guidelines for applying are already online and were posted two years ago—citing the WNY Law Center supports the negotiated process. He said the intent of the process as designed was to ensure that former property owners do not need independent counsel. In coordination with the County Clerk's Office, staff at the Counsel's Office gathers much of the required paperwork and documentation.

This process is designed to make it more easily navigable for eligible former property owners. Ball shared that the process of contacting eligible owners is challenging because there are often foreclosures due to homeowner deaths, aging homeowners transferred to assisted living, and other mental health issues. Additionally, there is often no clear point of contact for the estates of these prior homeowners. He also said that he would engage with the Common Council to support outreach, but not until the COVID situation is stable enough that he feels confident that his staff can safely interact with applicants throughout the process. 

Ball refuted the idea that the City of Buffalo is motivated not to reach out to eligible claimants to keep the unclaimed funds. He said these funds are set aside in a separate account that the City cannot use discretionarily. The City of Buffalo is dedicated to reaching the eligible claimants and supporting them through accessing the funds. 

Councilmember Wyatt said that the WNY Law Center was not comfortable with the current process due to a perceived conflict of interest with the city retaining any unclaimed funds. He asked if there was a way to put the funds in an independent trust to avoid an actual or perceived conflict. Ball suggested that the WNY Law Center’s concern was that the administration could change any city policy, so the organization believes the process should be codified in the city charter. Ball said this was not pursued because it removes the flexibility to adapt the process in response to external forces like COVID. However, we should consider codifying the process in the city charter once we pilot this process and learn more from it. Regarding a third-party administrator for the funds, Ball said that is an option, but the downside is the added cost for the city. 

Councilmember Bollman asked about past outreach efforts. Corporation Counsel Ball said contacts had not been made yet, aside from the seven individuals who proactively inquired about the funds. Ball shared that his department has combed city records for the last known address—often not the foreclosed address—phone number and/or email. The City of Buffalo will work with MIS to identify additional contact information. Corporation Counsel Ball's final reflection in the meeting was that contacting and reaching all eligible prior property owners will "take us all," including the support of Common Council district staff.

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