Common Council - Regular Meeting

The City of Buffalo's Annual Comprehensive Financial Report (ACFR) for Fiscal Year ending June 30, 2025, indicates a total primary government net position of $(589,873,000), an improvement of $81,283,000 from the prior year. While governmental activities saw a net position increase of $89,603,000, business-type activities experienced a decrease of $8,320,000, with the Solid Waste and Recycling Fund reporting a $(64,269,609) deficit and the Water System's net position decreasing by $4,413,000 due to reduced federal funding.

Key Financial Status:

• The General Fund's unrestricted fund balance decreased by $20,672,650 to $42,342,468, falling short of the City Charter's 30-day expenditure minimum for the Emergency Stabilization Fund.
• The City's bond ratings remain A1/A+/A, but S&P Global and Fitch Ratings have shifted the long-term outlook from Stable to Negative.
• Significant long-term liabilities include a total OPEB obligation of $1,237,486,000 and a net pension liability of $266,143,000.

Budgetary Performance:

• General Fund actual revenues were $56,985,000 above the final budget (driven by unanticipated interest earnings and American Rescue Plan Act federal aid).
• However, actual expenditures were $58,935,000 above the final budget, primarily due to increased public safety costs, employee benefits, and transfers out of ARPA funding.
• Total outstanding encumbrances are $98,038,250, with $13,612,203 in the General Fund currently unsupported by adequate fund balance.

Future Initiatives & Contingencies:

• Operational priorities for FY2025-2026 include the sale of Parking Ramps and Rapp Lots, implementation of an Occupancy Tax, reauthorization of the Tribal Compact Agreement, and developing a plan to replenish fund balances.
• The City faces probable litigation claims of $13,200,000 and reasonably possible claims ranging from $14,000,000 to $44,000,000.
• A subsequent event on September 30, 2025, involved issuing $29,433,750 in bond anticipation notes maturing September 30, 2026.

This report from the Comptroller's office analyzes the Acting Mayor's Fiscal Year 2025-2026 Recommended Capital Budget, which proposes incurring $94,060,056.35 in capital debt. The Comptroller's office advises that this amount significantly exceeds the $28,000,000 debt limit previously recommended, creating a $66,060,056.35 variance.

Key Concerns Raised:

• Financial Strain: The proposed debt would add an estimated $8,714,780.87 annually to the city's debt service, requiring more property tax revenue.
• Charter Non-Compliance: The recommended budget was submitted late (November 7, 2025, instead of November 1) and lacks mandated details on project priority, self-sustainability, grant recovery, and land ownership.
• Project Readiness: An estimated $17.8 million in projects are not "shovel ready," requiring significant additional time for planning, engineering, and permitting, potentially delaying construction by a year or more.
• Operational Budget Deficits: The city faces numerous financial challenges, including projected shortfalls in occupancy tax, interest, and fines revenue, significant overtime overages, a lack of casino revenue, uncertainty in selling parking assets, a $14.7 million deficit at the end of FY 2024-2025, and underfunded fund balances.
• Existing Project Delays: Several projects from past bond sales have minimal or no expenditures, indicating ongoing issues with project execution.

The report highlights that the proposed capital budget, if approved as is, would place a substantial and potentially unmanageable financial burden on the city, exacerbating existing fiscal concerns and failing to meet charter requirements.

This item concerns a new Food Store License application for 1105 Broadway, Suite 4, in Buffalo, NY. The applicant is BURMESE BANGLA GROCERY AND HALAL MEAT INC. The license type requested is a "Food Store" license, which requires Common Council approval and has a fee of $500.00. The application has been processed and signed off by the relevant council district personnel, indicating it is ready for consideration.

This item concerns a new food store license application for 1358 Broadway. The application is for a corporation named Broad Wen Mock gdoek Xuc. The license fee for a Food Store is $500.00. The application has been reviewed by the relevant City Council district personnel, with a signature from the Fillmore District indicating notification.

This item concerns a new food store license application for 1059 Grant St. The application is for a "Food Store" license, which requires a NYS Ags & Mkts License and has a fee of $250.00. The application also indicates that the business is located in the Niagara District and has been reviewed by district council personnel.

This item concerns a new Food Store License application for the premises at 3142 Main Street. The application is from NR TY ie Qu Inc and the associated license fee is $500.00. The application requires Common Council approval and has been routed for district councilmember notification.

This item concerns a new food store license application for Family Supermarket NY Inc. located at 535 Walden Avenue, Buffalo, NY 14244. The applicant, Family Supermarket NY Inc., is seeking a Food Store license, which has a fee of $500.00. The application indicates the business will operate as a supermarket and deli, selling "fresh food". The application was reviewed by the Fillmore District Councilmember's office on November 6, 2025.

Council Member Mitchell P. Nowakowski has requested a report from the Commissioner of Administration, Finance, Policy, and Urban Affairs regarding American Rescue Plan Act (ARPA) projects. The report, due after the December 2025 reporting period, should identify projects and subrecipient agencies that are not meeting their spending or performance milestones. The request also seeks a timeline for finalizing this analysis, determining when funding reallocations are necessary to meet the federal expenditure deadline of December 2026, and outlining the administration's process for selecting projects to receive these reallocated funds. This information is crucial for the Council to support the administration in making timely funding adjustments.

Councilmember David A. Rivera has requested data from the Buffalo Police Department's (BPD) Foot Patrol Unit. The data, which has been collected over the past few months, is to be forwarded to the City Council and presented at the next Police Oversight Committee meeting. The purpose of this request is to allow the Council to review the findings of the Foot Patrol Unit's data collection efforts.

This item concerns a Special Use Permit application for 331 Vermont Street in the N-2R Zone. The applicant, Jack Darbo, is seeking to operate a neighborhood shop (Retail Services General) named "Swift Stop Mart". The property was previously operated as a retail general store until January 31, 2025, when it closed due to a structure fire. The proposed use is described as a neighborhood convenience store. The application indicates the business will operate from 8 AM to 10 PM daily. The item has been referred to the Committee on Legislation and the City Planning Board, with a public hearing scheduled for December 30, 2025.

This item concerns a Special Use Permit application for 115 Englewood Avenue in Buffalo, NY. The applicant, Abdulshaf Hassain representing Hassain Corporation, seeks to expand the existing 'New Englewood Groceries' by adding a take-out restaurant and deli. The property is located in an N-3R Zone (Commercial). The proposed hours of operation are 8:30 am to 10:00 pm daily. The applicant states the expansion will enhance grocery operations, increase customer convenience, and meet community demand, describing it as a public benefit. The application was referred to the Committee on Legislation and the City Planning Board, with a public hearing scheduled for December 30, 2025, and a Planning Board meeting on the same day.

This item concerns a Special Use Permit application for Gordon's Tavern at 382 Abbott Street. The applicant, Adam Prentice, seeks to establish a tavern in an N-3E zone. The application states there will be no changes to the building's interior or exterior. A public hearing is scheduled for December 30, 2025, with a Planning Board meeting on the same day. A $50 permit fee will be due after Common Council approval. The property is located in the South Council District.

This agenda item concerns the proposed sale of a 15-feet by 108-feet portion of the property located at 247 Loepere to Maung Aye, the owner of the adjacent property at 245 Loepere. Mr. Aye wishes to purchase this land for additional yard space. The Office of Strategic Planning, Division of Permit and Inspection Services, and Division of Collections have no objections, provided the applicant's other properties are maintained and no outstanding debts are owed to the City. A market analysis was conducted, and Mr. Aye has agreed to purchase the land for $1.98 per square foot, totaling $3,200.00, and will cover all transfer taxes and recording fees. The recommendation is to approve the sale and authorize the Mayor to execute the necessary documents.

This item, 25-1865, concerns the 2025-2026 Winter Snow Plan. The attached documents are primarily sign-in portals and draft meeting minutes, with no substantive details about the snow plan itself available. Therefore, the specific strategies, budget, or operational details of the plan cannot be determined from the provided materials.

This item concerns a new Food Store License application for 897 Tonawanda Street. The applicant, identified as 'Qvers ide COO 0D. Shoe !', is applying for a 'Food Store' license, which has a fee of $500.00. The application also indicates that a NYS Ags & Mkts License is required for this type of establishment. The applicant has provided their business name as 'Qvers ide COO 0D. Shoe !' and their business address as '897 Tonawanda St, Buffalo, NY 14207'. The application was signed and sworn on October 25, 2025.

This local law, introduced by Councilmembers Halton-Pope, Bollman, Nowakowski, and Everhart, proposes to amend Article 3 of the City of Buffalo Charter to grant the Common Council the power to appoint a Legislative Counsel. This counsel must be an attorney admitted to practice in New York with at least three years of experience. The Legislative Counsel's duties would include providing legal advice to the Common Council, collaborating with the Department of Law on city legal matters, and accessing the Department of Law's legal research resources. This provision is not intended to supersede the powers of the Department of Law. The law specifies that it will take effect immediately upon passage and ratification, and upon filing with the New York Secretary of State.

This item proposes the creation of a progressive tax on privately owned vacant land. The request, submitted by Halton-Pope and Rivera, aims to incentivize development and potentially increase housing availability by taxing land that is intentionally left undeveloped. The specific details of the tax rate, its progressive nature, and how it would be implemented are not detailed in the provided agenda item title alone, but the core intent is to discourage land speculation and encourage productive use of urban space. This type of policy often seeks to address housing shortages and urban blight.

This resolution from Council Member Nowakowski requests the full results of RFP No. 2024-2C for professional consulting services related to the municipal street lighting system acquisition and LED conversion. The RFP was issued on May 24, 2024, with proposals due on June 7, 2024. The resolution highlights the project's importance for modernizing the streetlight network, reducing energy costs, lowering carbon emissions, and improving neighborhood safety. It notes the lack of a public update, which hinders the Common Council's oversight. The resolution specifically asks the Mayor's Office of Strategic Planning to provide respondent lists, evaluation metrics, and committee recommendations, and requests a status update from the Department of Public Works and the Office of Strategic Planning. The urgency is underscored by a fatal shooting in the Chippewa entertainment district on November 1, 2025, and subsequent community concerns about inadequate lighting and public safety.