Common Council Items of Interest January 22, 2013

SET PUBLIC HEARING FOR DISPOSITION OF REAL PROPERTY
The Council adopted a resolution, sponsored by Ellicott District Council Member Darius G. Pridgen, setting a public hearing for the sale of 602 Fourth Street (lead image) to D’Youville College for the development of athletic fields and related improvements. The public hearing will be on February 5, 2013 at 2:00 p.m. in the Council Chamber. 
*BRO side note: This would be a huge win for Porter Avenue and would extend the college’s reach towards the Peace Bridge and Front Park. This land is in desperate need of a quality owner that will bring life back to this area and surrounding neighborhood. 
Once this land is taken care of (see field location below), The City should begin to take a look at other properties at this end of Porter Avenue – specifically the former Duty Free location that is currently being used as a storage facility. There is no reason that that property should not be sold by Duty Free immediately. It’s an eyesore in the city, and is the first property that can be seen when exiting the Peace Bridge coming into Buffalo. Duty Free could use any one of a number of nearby warehouses to store its surplus goods, and does not need an abandoned-looking property on Porter Avenue to use for its own bidding. With all of the money that The City is putting into Porter Avenue infrastructure and LaSalle Park improvements, along with nearby Olmsted Parks investments into Front Park, Duty Free needs to be held accountable for this property (see below) that it has let go for years at the expense of the community.
1-D'Youville-press-Buffalo-NY-field.jpg
^ 602 Fourth Street – possible home to D’Youville sports fields
Duty-Free-Buffalo-NY-wreck.jpg
^ Former Duty Free that is now being used as a storage facility
The Council adopted a resolution, sponsored by Ellicott District Council Member Darius G. Pridgen, showing its support for New York State Senate Bill S.1590 (also known as Amanda Lynn’s Law) and recognizing the need to strengthen the state law and heighten the penalties for the improper disposal of human remains. On January 9, 2009, 20 year old Amanda Wienckowski’s body was found upside down in a garbage tote. There has been much controversy surrounding the cause of death, with the Erie County Medical Examiner’s Office ruling the death accidental and a private pathologist ruling the death a homicide. Due to the conflicting findings, a final autopsy was completed and it concluded that the cause of death was undetermined. Since her death, Amanda’s family has been lobbying for laws that create tougher penalties for those that improperly dispose of human remains. New York State Senator Mark Grisanti is seeking to pass S.1590, a bill that will make it a crime to conceal a death by knowingly moving or otherwise hiding a human corpse so that the discovery of the death will be hindered. The Council is also requesting that the Erie County Medical Examiner’s Office review their initial findings and the findings of the private pathologist and present the reasoning for their final conclusions to the Council.
The Council adopted a resolution, sponsored by all nine Council Members, setting the procedure for swearing in certain individuals testifying under oath before the Common Council. The Council is entrusted by the public to fairly and honestly regulate public affairs and is empowered by the New York State Constitution and Municipal Home Rule Law to protect the health, safety, and welfare of the citizens of the City of Buffalo. In an effort to maintain the integrity of its proceedings and deliberations and to avoid the grant of privileges under false pretexts and/or representations, the Council has set the procedure in order to ensure the honesty of those that testify before it.
WAIVER OF FEES
The Council adopted a resolution, sponsored by North District Council Member Joseph Golombek, Jr., waiving all fees associated with the Club 49ers Annual Easter Egg Hunt to be conducted on March 30, 2013 at Riverside Park.
SALE OF CITY OWNED PROPERTY–The Council approved transactions relating to the following City owned properties:
Ellicott District
o 683 East Utica Street was sold to Mrs. Jessie L. Reynolds for $1,200.
Lovejoy District
o 181 Sumner Place was sold to Thankful Baptist Church for $1,400.
Masten District
o 1295 Fillmore Avenue was sold to Hopewell Baptist Church for $700.
o 83 Sussex Street was sold to Mrs. Temothye Peart for $5,500.
LICENSE AND PERMIT APPROVALS–Upon the recommendation of the Department of Permit & Inspection Services, the Council approved the following license and permit applications:
Ellicott District
o Application for Restricted Use Permit – Downtown Entertainment Review District
Lux, located at 75 West Chippewa Street for its “UB Spring Event at Lux” and “Mardi Gras Party.”
o Underground, located at 262 Delaware Avenue.
Fillmore District
o Restaurant Dance License
Cathode Ray, located at 26 Allen Street. 
o Lodging House License
1253 Broadway LP, located at 1253 Broadway.
Masten District
o Restaurant Dance License
W
all Street, located at 35 East Ferry Street aka 33 East Ferry Street.
Niagara District
o Food Store License
Virunga Market, located at 314 Hampshire Street.
South District
o Second Hand Dealer License
CM Gold, located at 1860 Seneca Street. 
CLAIMS, CONTRACTS, CHANGE ORDERS & AGREEMENTS
Upon the request of the City of Buffalo Office of Strategic Planning (“OSP”), the Council:
o Approved an amendment to the previously approved PILOT agreement (approved on April 17, 2012) between the City of Buffalo, Erie County, Belmont Housing Resources for WNY and True Bethel Townhomes. The PILOT was amended due to a recent request by the developer/owner to change the parties entering into the agreement with the City. The amended parties to the PILOT agreement are True Bethel Townhomes, LLC. and True Bethel Townhomes Housing Development Fund Company, Inc.
o Authorized the amendments to the following agreements:
The 2011 and 2012 Emergency Solutions Grant Annual Action Plans and the 2009 and 2010 Housing Opportunities for Persons with AIDS Grant Annual Action Plans.
The Subrecipient Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (“BURA”) for administration and management of the City’s federal HOME Program.
The Subrecipient Agreement between the City of Buffalo and BURA for administration and management of the City’s federal Community Development Block Grant Programs
Upon the request of the City of Buffalo Department of Administration, Finance, Policy and Urban Affairs, the Council:
o Authorized the Division of Purchase to purchase from a sole source provider (per the City of Buffalo Fire Department) to upgrade the existing INFICON HAPSITE chemical identification systems.
Upon the request of the City of Buffalo Department of Public Works (“DPW”), the Council:
o Authorized DPW to hire a consulting engineer to provide construction phase services for the Rehabilitation of the No. 4 Pump and Motor at the Massachusetts Avenue Pump Station.
o Authorized DPW to extend its agreement, for one year, with the New York State Industries for the Disabled, Inc., for janitorial services at the City Court Building.
Upon the request of the City of Buffalo Department of Public Works (“DPW”), the Council approved the following contract change orders:
o The contract with Ajay Glass for the Police Headquarters Emergency Window Replacement Project was increased by $16,046 to furnish and install additional equipment necessary to complete the project. The contract was initially awarded in the amount of $477,800 and with this and prior changes, the contract will increase to $670,118. 
o The contract with Bergmann Associates for City-wide traffic, GIS, and construction inspection and support services for the City of Buffalo was increased by $200,000 for the Niagara Square repaving project and the Humboldt Parkway repaving project. The contract was initially awarded in the amount of $380,000 and with this change the total contract will increase to $580,000. 
APPOINTMENTS
 
The Council appointed the following individual as a marriage officer within the City of Buffalo only for February 2, 2013:
o North District Council Member Joseph Golombek, Jr.
The Council appointed the following individuals to positions within a Common Council Staff Office:
o Chief of Staff
Rasheed Wyatt
o Senior Legislative Assistant IV
Nikita Fortune
o Legislative Assistant
Sam J. Scarcello
The Council appointed the following individual to the position of Assistant Legislative Aide within the Masten District Council Office:
o Tianna Marks
The Council approved the appointment of the following individual to a position within the City of Buffalo Department of Public Works:
 
o Chief Pumping Plant Engineer
William Appenheimer
David Fatig
o Filtration Plant Maintenance Supervisor I
Shaun McCleary
The Council approved the appointment of the following individual to a position within the City of Buffalo Department of Administration and Finance:
 
o Collection Officer
Carmen Bryant
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.


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BUFFALO COMMON COUNCIL

David A. Franczyk
Fillmore District
1315 City Hall
851-4138

David A. Rivera
President Pro Tempore
Niagara District
1504 City Hall
851-5125

Richard A. Fontana
Majority Leader
Lovejoy District
1414 City Hall
851-5151

Michael J. LoCurto
Delaware District
1405 City Hall
851-5155

Darius G. Pridgen
Ellicott District
1408 City Hall
851-4980

Demone A. Smith
Masten District
1316-A City Hall
851-5145

Joseph Golombek, Jr.
North District
pan>1502 City Hall
851-5116

Christopher P. Scanlon
South District
1401 City Hall
851-5169

Bonnie E. Russell
University District
1508 City Hall
851-5165

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Common Council Legislative Staff Office
1413 City Hall
851-5105

James N. Jackson
Legislative Assistant
City of Buffalo Common Council
1413 City Hall
Buffalo, NY 14202

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