Common Council of the city

of buffalo
David A. Franczyk, Council President FOR IMMEDIATE RELEASE
David A. Rivera, President Pro Tempore Contact: James Pajak, Chief of Staff
Richard A. Fontana, Majority Leader (716) 851-4047

MEETING SUMMARY
for
FEBRUARY 8, 2011

BUFFALO SEWER AUTHORITY POLICY FOR TREATMENT OF NATURAL GAS DRILLING FLOW
BACK FLUIDS—The Council adopted a resolution sponsored by Lovejoy District Council
Member Richard A. Fontana and co-sponsored by North District Council Member Joseph
Golombek, Jr. requesting that David Comerford, Commissioner of the City of Buffalo Sewer
Authority (―BSA‖) appear before the Common Council to discuss the policies of the BSA for
handling hydraulic fracturing (―hydro-fracking‖) flow back fluids also known as ―frack water‖.
The resolution is in response to recent allegations that the United States Development
Corporation, is transporting frack water from its wells located in Medina, New York, to the BSA
for treatment. The hydraulic fracturing process utilizes surface and ground water mixed with
numerous chemicals to release the natural gas trapped inside underground rock formations. Once
the rock formations are fractured, between 15 to 40 percent of the water is recovered as flow
back fluid. The flow back fluid or ―frack water‖ that either escape or is recovered from the well
can be up to five times saltier than sea water and the longer that frack water stays in the ground,
the greater the chance for salts and sediments to collect in the frack water. In some circumstances
conventional sewage plants, and possibly the BSA, may be unable to remove fracking salts,
chemicals, and other additives from the recovered frack water. The Council on behalf of City
residents is concerned about the serious ramifications of frack water on the health, safety, and
welfare of local residents and especially should the BSA release frack water into the Niagara
River or surrounding waterways. The Council is also requesting that Commissioner Comerford
furnish a list of the chemicals that the BSA is capable of successfully treating in frack water and
to furnish a copy of the BSA’s policy regarding the acceptance and treatment of frack water.

MERGING THE NIAGARA FALLS BRIDGE COMMISSION & THE BUFFALO AND FORT ERIE
PUBLIC BRIDGE AUTHORITY—The Council adopted a resolution from Council Members Joseph
Golombek, Jr. and David A. Rivera requesting United States President Barack Obama, Canadian
Prime Minister Stephen Harper, New York State Governor Andrew Cuomo and the Spending
and Government Efficiency Commission (―SAGE‖), and Ontario Premier Dalton McGuinty to
undertake a review of the operations of the Niagara Falls Bridge Commission and the Buffalo
and Fort Erie Public Bridge Authority and to identify the process to merge these entities so that
the shared border crossings can be managed in a more efficient and cost effective manner. The
Niagara Falls Bridge Commission is an international public authority consisting of an eight
member board with equal representation from the United States and Canada, which owns,

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operates and manages the Lewiston-Queenston, Rainbow, and Whirlpool-Rapids Bridges.
Similarly, the Buffalo and Fort Erie Public Bridge Authority, which oversees the operations of
the Peace Bridge, is managed by a 10 member board of directors with equal representation from
the United States and Canada. At times, these quasi governmental agencies have been accused of
ignoring or minimizing the effect of their planning and operations on the health, quality of life,
and property values of local residents, particularly those who live in close proximity to the City
of Buffalo’s waterfront. Governor Cuomo formed SAGE to recommend ways to make New York
State government leaner and more cost effective. The Council maintains that although it is
unlikely for the United States, Canada, New York State, or the Province of Ontario to
unilaterally bring about the reform and consolidation of these two international public entities,
cooperation of all of the parties involved is needed and can result in significant changes.

STRAWMAN BIDDER POLICY—The Council adopted a resolution sponsored by Council

Members Demone A. Smith, David A. Rivera, Bonnie E. Russell, and Darius G. Pridgen
directing the City of Buffalo Department of Law to draft a Strawman Legislation Ordinance
amending the City Charter to provide restrictions on irresponsible straw-bidders at the Annual In
Rem City Auction. Annually, the City of Buffalo by public auction, disposes of properties
acquired through the In-Rem foreclosure process. At the auction, perspective bidders signal their
intent to bid by raising a numbered paddle which correlates to information furnished during the
pre-auction negotiation process. Immediately after the sale to the highest bidder, the successful
bidder is required to pay 20 percent of the purchase price of the property as a prerequisite down
payment to consummate the legal sale of the property. However, if the down payment is not
made, the property is re-auctioned later in the day even though many potential bidders may have
already departed. Unfortunately, the system for auctioning properties in the City is subject to
abuse by straw-bidders, who enter the highest bid without ever intending to consummate the sale,
thereby preventing legitimate buyers from purchasing the property. When the property is
reintroduced for auction later in the day, the number of potential bidders has diminished
substantially and the straw-bidder is then able to purchase the property at a much lower price.
The actions of straw-bidders and those cooperating with them often substantially reduces both
the sale price of a property and the auction proceeds that are collected by the City. The Council
maintains that to provide for transparency and competitiveness in the auction process, any bidder
who is unable to consummate the auction sale must be disqualified from bidding and that the
respective property be re-auctioned at a subsequent date/time to enable all potential bidders to
have an equal opportunity to purchase such properties. The Council is also requesting of the City
of Buffalo Departments of Law and Permits and Inspections that they formally provide strategies
for combating, curtailing and hopefully eliminating straw-bidders from the City’s In Rem
Auction process.

REQUEST BMHA TO APPEAR BEFORE COMMON COUNCIL—The Council adopted a resolution

sponsored by Fillmore District Council Member David A. Franczyk requesting representatives of
the Buffalo Municipal Housing Authority (―BMHA‖) to appear before the Common Council to
explain why the BMHA is refusing to adopt a new management plan for the Marine Drive
Apartments (―MDA‖) as proposed by the MDA Tenants Association and what role the BMHA
will have in current and future management of the MDA. The MDA Tenants Association has
proposed a plan to manage the troubled Marine Drive Apartments in response to years of
mismanagement under the BMHA. Sadly, the Common Council’s unanimously adopted June

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2010 resolution asking the BMHA to allow the MDA Tenants Association to assume control of
the management of the MDA has been ignored. The continued instability of the MDA is
profoundly upsetting to the residents of the complex and jeopardizes the revitalization of the
waterfront. MDA tenants are committed to sound management of Marine Drive with a diverse
mix of residents, a situation contrary to many of the housing projects run by BMHA.

EXPLORE NEW HYDROPOWER OPTIONS TO LOWER LOCAL ENERGY COSTS—The Council

adopted a resolution sponsored by Lovejoy District Council Member Richard A. Fontana
requesting that the Buffalo Water Board, the City of Buffalo Sewer Authority and the
Departments of Public Works and Law investigate the feasibility and legality of using
hydrokinetic technology to generate hydropower in the Niagara and Buffalo Rivers which are
primarily regulated by the Federal Environmental Regulatory Commission, and to report their
findings to the Common Council. New York State (―NYS‖) and Western New York (―WNY‖)
have some of the highest utility costs in the continental United States. As a result, WNY
businesses are operating at a competitive disadvantage when compared to businesses that are
located in other regions of NYS where power is less costly. Also, the high cost of power in the
Buffalo region is a significant financial burden to business owners and residents, especially
during the City’s long winters. The Council maintains that in order to make the City of Buffalo
and WNY region a more attractive and affordable place to live and operate a business, that it is
critical that local energy costs be lowered. One strategy for lowering energy costs is the use of
hydrokinetic electric power generators in area waterways. Hydrokinetic electric power uses
underwater turbines that are attached to the floor of river beds or other bodies of water to capture
energy from currents, tides, and waves. Unlike traditional hydropower generation, hydrokinetic
technology does not require dams and water intakes to operate, instead the technology relies on
turbines with fewer blades that spin at lower revolutions per minute (―RPM‖) and requires
minimal land-based equipment. The hydrokinetic power that is generated can be linked to power
grids or individual homes and businesses using normal power lines. Due to the potential benefits
of hydrokinetic technology to City of Buffalo residents and businesses, the Council maintains
that the process warrants serious discussion and review.

SCHEDULING A GOVERNMENT FOR THE PEOPLE SUMMIT—The Council adopted a resolution

sponsored by Ellicott District Council Member Darius G. Pridgen and co-sponsored by
University District Council Member Bonnie E. Russell requesting of the elected officials of the
Buffalo – Niagara region, that they join together with the Common Council to discuss the
University at Buffalo (―UB‖) 20/20 Plan and how it can be advanced at an upcoming
―Government for the People (―G4P‖) Summit. For some time, UB has been advocating for the
New York State Legislature and the Governor to approve UB 20/20 legislation, which would
enable the school to increase its size and forge a coherent university-wide vision. In addition, the
passage of UB 20/20 legislation is expected to enable the university to sharpen its focus, enhance
its physical appearance, improve academically, and attract the critical mass of top-flight faculty
and researchers needed to compete with the nation’s elite universities. The Council maintains
that a G4P Summit would ideally take place no later than April 1, 2011.

2011-2012 COST SHARE GRANT FOR URBAN AND COMMUNITY FORESTRY—The Council
approved a resolution sponsored by North District Council Member Joseph Golombek, Jr.
approving and endorsing the application of Keep Western New York Beautiful (―KWNYB‖) for

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a grant under the New York State Department of Environmental Conservation (―NYSDEC‖)
Urban and Community Forest Program for a project known as the City Canopy. KWNYB is
applying to the NYSDEC for a project grant under the Urban and Community Forestry Program
to be located in targeted neighborhoods and schools located within the territorial jurisdiction of
the City of Buffalo Common Council. As a requirement of this program, KWNYB must obtain
the approval and endorsement of the Common Council.

WAIVER OF FEES FOR KAISERTOWN COALITION—The Council approved a resolution

sponsored by Lovejoy District Council Member Richard A. Fontana granting a waiver of Peter J.
Machnica Community Center room usage fees to the Kaisertown Coalition Block Club for the
year 2011. The continued safety and cleanliness of City of Buffalo neighborhoods depend on the
care and concern of its residents. Block clubs exist as a means for residents to organize in order
to address issues relating to their community. The Kaisertown Coalition Block Club works
diligently to serve the Kaisertown Community of the Lovejoy Common Council District. The
Council maintains that the Machnica Center room usage fees should be waived so that the
Kaisertown Coalition Block Club may continue to serve and advocate for the community.

ORDINANCE AMENDMENT—The Council approved an ordinance amendment to Chapter 288 of

the Code of the City of Buffalo prohibiting the exploration for and extraction of natural gas and
the storage, transfer, treatment or disposal of natural gas exploration and production wastes
within the City of Buffalo. The purpose of this ordinance amendment is to preserve and protect
the public health, safety, and welfare of the residents and neighborhoods of the City of Buffalo.
This ordinance will repeal any prior inconsistent ordinances contained in the Code of the City of
Buffalo maintaining to regulate or allow natural gas extraction and the transport, storage,
treatment or disposal of natural gas exploration or extraction waste.

SALE OF CITY OWNED PROPERTY—The Council approved the sale of the following City owned
properties:
Ellicott District
o 627 Broadway was sold to Mrs. Clara Davis for $3,500
Fillmore District
o 34 Sobieski Street was sold to Mr. Iftekher Ahmed for $1,600
o 68 Sobieski Street was sold to Mr. Ejaz and Mrs. Miadda Khokhar for $3,100
Masten District
o 837 Woodlawn Avenue was sold to Mr. Carnell Jones for $1,400

APPOINTMENTS
The Council appointed the following individuals to the Hate Crimes Task Force for the
City of Buffalo:
o Theresa Warburton
o Joshua Cerretti
o Donna Berry
The Council appointed the following person as its representative to the Living Wage
Commission in the City of Buffalo:
o Erin Hatton

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 The Council accepted the appointment of the following individual to the position of
Legal Aide to Bureau of Administrative Adjudication within the City of Buffalo
Department of Law at the base salary:
o Nancy Nicole Walker Renzoni

LICENSE AND PERMIT APPROVALS—Upon the recommendation of the Department Permit &
Inspection Services, the Council approved the following license and permit applications:
Delaware District
o Permit to Create Additional Seating on 2nd Floor of Existing Restaurant
 P. Tsoufliois, owner of the property located at 708 Elmwood Avenue
o Permit to Install Awning Sign
 J. Mirro, owner of the property located at 734 Elmwood Avenue
Ellicott District
o Used Car Dealer License
 Ben’s Tire Center Inc. located at 50 Sycamore Street
Fillmore District
o Food Store License
 Lucky’s located at 860 William Street
University District
o Food Store License
 Dollar General located at 3079 Bailey Avenue
o Second Hand Dealer License
 SEI Aaron’s located at 3411 Bailey Avenue

CLAIMS, CONTRACTS, CHANGE ORDERS & AGREEMENTS

Upon the request of the City of Buffalo Department of Public Works (―DPW‖), the
Council:
o Authorized DPW to reduce the retention held on the contract with Destro &
Brothers Concrete Co., Inc. for the Overlay of City Streets – 2010 Project. The
contract retention was reduced from 5 percent to 1 percent.
Upon the request of the City of Buffalo Department of Police (―BPD‖), the Council:
o Authorized BPD to purchase 15 unmarked vehicles to replace existing vehicles
that are in need of constant repairs and/or have become unsafe to drive. Currently,
BPD has 53 unmarked vehicles that are from the year 2003 or prior. The older
unmarked vehicles have outlived their usefulness and will be removed from the
fleet through the City’s auction process.
o Authorized BPD to replace an unmarked 2000 Ford with a 2003 Suburban as a
way to update its fleet. The 2000 Ford requires extensive repairs, has more than
135,000 miles, outlived its usefulness, and will be included in the next upcoming
auction. The United States Customs office has agreed to release the 2003
Suburban to the BPD with no fees or costs to the City of Buffalo.
The Council approved the reports of bids from the City of Buffalo Department of Public
Works for the following projects:
o The Milling and Resurfacing of City Streets in South Buffalo Project. Of the bids
that were received, Destro Brothers Concrete Company, Inc. was the lowest with
a bid of $1,175,156.

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 For any questions, concerns, or further information regarding the above, please contact your District Council
Member, the Common Council Legislative Staff Office, or the respective City Department.

To view replays of a Common Council Meeting please visit the City of Buffalo Government Television website at
www.city-buffalo.com/Home/Government_TV.

To view the final Common Council Meeting agenda and/or supporting communications, please visit the City of
Buffalo website at www.city-buffalo.com and select the Common Council link.

BUFFALO COMMON COUNCIL

David A. Franczyk David A. Rivera Richard A. Fontana
Council President President Pro Tempore Majority Leader
Fillmore District Niagara District Lovejoy District
1315 City Hall 1504 City Hall 1414 City Hall
851-4138 851-5125 851-5151
Michael J. LoCurto Darius G. Pridgen Demone A. Smith
Delaware District Ellicott District Masten District
1405 City Hall 1408 City Hall 1316-A City Hall
851-5155 851-4980 851-5145

Joseph Golombek, Jr. Michael P. Kearns Bonnie E. Russell

North District South District University District
1502 City Hall 1401 City Hall 1508 City Hall
851-5116 851-5169 851-5165
Common Council Legislative Staff Office
1413 City Hall
851-5105