City January 23, 2013 10:39 AM

Common Council Items of Interest January 22, 2013

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
Wall 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.

To view the live streaming of Common Council meetings on a personal computing device with internet access, please insert the following address into the device web-browser:


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To view the final Common Council Meeting agenda and/or supporting communications, please visit the City of Buffalo website at


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
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

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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Comments

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"Duty Free needs to be held accountable "

Duty Free sucks. Its benefit to its surroundings is minimal. As for that statement, it will never happen because politicians around here are worthless and gutless.

Score: 7 ( 11 votes ) Vote up Vote down Report this comment

I didn't know D'Youville had any sports teams. Why can't LaSalle Park serve that purpose?

Ted's Hot Dogs was a good fit there. A nice place to grab a bite to eat fast. Although I did despise that ordering system where they yelled out to you in line when you walked in the door. I wish Louies or even a Five Guys opened there.

Score: -3 ( 13 votes ) Vote up Vote down Report this comment

"Why can't LaSalle Park serve that purpose? "

What's wrong with D'Youville building a brand new facility on a vacant lot? You think a private college should be using a public park for their athletic facilities? That should be a good way for them to excel and attract students and athletes.

A Five Guys or something like that would be great... somewhere in the city. Not enough traffic for them to ever want to locate in this spot. That's why it would work so well for a college located a few blocks away.

replied to Old First Ward
Score: 7 ( 9 votes ) Vote up Vote down Report this comment

I have no problem with them building a private facility. But with an entire park with 7 baseball diamonds, a soccer field, football field with lights and bleachers, and empty space for possible additional athletic fields just over the bridge from where they are proposing one seems like a waste of prime space especially during the winter months.

So what if they are a private college, at least they are making an investment in the City in a blighted neighborhood. Why not a have a joint venture with the city where they could improve and maintain shared facilities in LaSalle Park? How come Canisius built their facility in West Seneca and not in the city? To attract students??

There is plenty of traffic there especially with the college four blocks away and a thruway on and off ramp.

replied to LouisTully
Score: -3 ( 7 votes ) Vote up Vote down Report this comment

Which Canisius are you talking about in West Seneca? College?

There is plenty of traffic, cars zipping by. Do you think a business would be successful there, though? Then why isn't one there? What's there: Burger King, a gas station...?

replied to Old First Ward
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Any info about the scrapped powderkeg festival?

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Oddly enough, I was just looking for this today. As much as I hate to copy and paste posts, it's easier for people who cannot access Facebook. This is what they posted on their Facebook page...

"Buffalo Winterfest and Powder Keg Festival On Hiatus
by Buffalo Powder Keg Festival on Tuesday, January 22, 2013 at 3:35pm

The three-year-old Buffalo Winterfest & Powderkeg Festival will be taking a year off as organizers prepare for a more permanent location for January 2014.

The Buffalo Waterfront has been chosen as the new and permanent home for the Buffalo Winterfest. “The committee truly feels that going forward the Buffalo Waterfront provides a first class venue that can produce an event that our city can be proud of and deserves,” says Drew Cerza, festival organizer.

Downtown waterfront stakeholders including the Buffalo Sabres, the Erie Canal Harbor Development Corporation, and the City of Buffalo all agree that the Waterfront would be a great venue for the festival. The vision is to move the festival there for 2014. The canal construction will be completed and available for ice-skating. The First Niagara Center will serve as an indoor venue for family activities as well as entertainment, food and beverages. The green space next to the arena is where the outdoor winter activities will be held. The Harbor Center project will also add to the festival footprint when completed in 2015. This new plan will give the local tourism bureau, Visit Buffalo-Niagara, an exciting tourism event to market to out of town visitors.

Organizers had hoped for a venue change to the waterfront this year, however the dates for the event became a big question mark due to the NHL hockey strike and the uncertainty of the First Niagara Center’s availability.

All of the energy and bigger thinking going on downtown is driving the festival committee to provide a festival Buffalo citizens can be proud of and grow each year, therefore driving local and out of town visitors to the waterfront in the winter when traffic is much slower. Organizers are excited to have a year to plan and get community input regarding what they would like to see as events at the Winterfest in 2014. Groups will also be encouraged to organize events to tie into the festival.

A combination of unstable venues and uncooperative weather has created great challenges over the years. In 2011 the festival was held on Seneca Street, utilizing large weather proof tents for all indoor events including a beer pavilion featuring live music, a kids zone and a food area. Last year the festival centered around Niagara Square with indoor activities in the Statler Building, which is unavailable this year. In 2008 Buffalo Winterfest went on hiatus for three years due to the lack of snow and other logistical challenges before coming back in 2011.

Buffalo’s winter will be celebrated at Flurrious!, Olmstead Park’s Winter Festival on January 26th at Delaware Park. Flurrious! is going into its third year and provides several of the same outdoor activities as the Buffalo Winterfest in more of a park setting. All events will be centered around the Parkside Lodge.

"We are excited that Buffalo will be celebrating winter at Flurrious! this year, providing wintry fun for the whole family. Winter and Buffalo, is such a classic combination and something everyone can enjoy at this year's chilly Flurrious! an Olmsted winter festival at Delaware Park, January 26th," says Thomas Herrera- Mishler, CEO and President of the Buffalo Olmstead Parks Conservancy."

replied to NorthBuf
Score: 2 ( 2 votes ) Vote up Vote down Report this comment

@oldfirstward - LaSalle is a public park. End of story. There are numerous children and adult leagues playing baseball, softball, soccer there in the Spring, Summer, and Fall. Our softball league can't even book diamonds there until they become available in the Fall. We're forced to breathe in the asbestos at Glenny Field all Summer. Give D'Youville the land and pat them on the back for investing in their neighborhood.

Score: 8 ( 10 votes ) Vote up Vote down Report this comment

D'Youville is investing in the Prospect Hill neighborhood again. As they have been doing since the college was established in 1908. Enrollment at the school is growing (with some programs like chiropractic which are not offered at any other schools in the area). This is good for Buffalo!

Score: 4 ( 6 votes ) Vote up Vote down Report this comment

Louis's would be great. Love their baloney sandwiches.

Teds would also be a natural fit

I still think there needs to be some master plan for Front, Columbus and LaSalle. Something both Olmsted like in natural beauty of the location but also something that celebrates our history.

D'Youville wants to add athletic fields but why not put those alittle further away towards the waterfront and LaSalle so there can be shared use with the public.

There was also a wonderful building hotel/spa that was built and then burned down shortly after. It was gorgeous and that would be an enormous addition to the area.

There was also a Calvert Veaux building that rose 3 stories and offered very nice views of the waterfront.

Whatever we are doing...it seems to lack direction, focus, value added general purpose

Score: -9 ( 11 votes ) Vote up Vote down Report this comment

Yo, you and First Ward just don't get it. And your comments, eerily enough, are similarly disillusioned. Do you guys talk before commenting on here?

"so there can be shared use with the public." I don't even feel like typing out a response.

replied to paulsobo
Score: 6 ( 10 votes ) Vote up Vote down Report this comment

Tully your calling card seems to be build it wherever with whatever. You would support a block of porta potties if they told you we needed it. That parcel needs real development with tangible assets to produce revenue. They need restaurants and retail. Get real, its a bad idea.

I made my case maybe its time you made yours instead of hurling insults if you don't agree with something. This is a prime location for development not a running track. What is the benefit from October to May? NOTHING, but snow drifts. A partnership with the city to develop and maintain a field in LaSalle Park or someplace else would be beneficial to all.

But really, we don't even know exactly what they want to put there. I'm just going by BRO's listing of an athletic field. There are also fields at the foot of Carolina and 4th the occupy an entire parcel. I believe Hutch Tech and Waterfront might use them. That is another option.

Score: -1 ( 5 votes ) Vote up Vote down Report this comment

Hit reply to make it clear who and what you are speaking to, guy.

You never responded above. Canisius High School is not an equal comparison.

I've seen enough of the doodoo you pitch on here to know what case you're trying to make. Your first paragraph doesn't even warrant response because it's unfounded and inaccurate.

Dude, what you're pitching is ridiculous. Would you propose a local college or university partner with a public library? Yeah, kinda the same thing. Get real! You think this is prime for retail? What brings you to that reasoning? The thriving success of Burger King? Canadians aren't getting off the Peace Bridge here and looking to shop at the foot of Porter.

replied to Old First Ward
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If I include your name then I'm speaking to you. Your problem is that you have no creative thinking. I've read many of your posts, some are well thought out and with good intentions, but its clear that you are infatuated by people in power. It's a good idea ONLY if a big institution or wealthy developer says so. You have yet to make any reputable case for that parcel. Of course I didn't expect you would.

Right out of the gate in your response you could never see a partnership between a collegiate institution and a public one, lest you easily forget these collaborations exist today. In your example public libraries partnering with a college would be bad in your eyes. When I read that I thought you just had a great idea, but then you killed it before the ink was dry in that sentence. That is why people like you will never succeed at urban planning. You must be of the party of no.

So you think that an athletic field would be a better fit on Porter Ave. than a first class retail or fast food restaurant or even both. Because that dump of a Burger King is good enough. Maybe you should read into what Paulsobo says, at least he has the vision and guts to step up and fight for a belief.

I'll tell you what, you build a silly athletic field and I'll put in some shops and a Five Guys and a Louies or even another trendy type place and lets see if the Canadians come to spend money with me, or pee in the porta potty with you. Don't forget to have your lord Byron leave you some totes for the trash.

replied to LouisTully
Score: -4 ( 6 votes ) Vote up Vote down Report this comment

"If I include your name then I'm speaking to you."

"Tully your calling card... "

That's where I stopped reading.

I lied.

October to May eh... it doesn't matter, their tax rate isn't prorated. If you think retail would be so successful then why haven't you, or realistic developers, stepped in? That's a genuine question, feel free to answer.

"Don't forget to have your lord Byron"
" I've read many of your posts,"
Bring some credibility to the party next time. Find me a comment of mine suggesting I'm a big fan, or even fan, of the Mayor.

"people like you will never succeed at urban planning." I'd love to be enlightened but from what I've read your insights in the field of urban planning are disappointing.

What are your thoughts of the block between Jefferson/Main/Delavan/Florida? That's Canisius COLLEGE's athletic complex.

replied to Old First Ward
Score: 1 ( 3 votes ) Vote up Vote down Report this comment

Well I'll answer your Canisius question since you have not answered mine, it's a nice complex with at least 40% of the parcel devoted to parking. D'Youville has its athletic center on Fargo and Porter so the indoor stuff would be off site, whereas Canisius has the Koessler Center on Main and Jefferson in the parcel giving it all season use. The Canisius site has an all purpose field bordered by twelve residential homes still on the parcel, and a classroom building. The proximity is in line with the main campus of the college.

Essentially, soccer, baseball, and tennis are D'Youville's main outdoor needs. BTW, D'Youville soccer is played at RIVERSIDE ATHLETIC COMPLEX, and Baseball is played at Amherst Northtown Center AND Coca-Cola Field. Now how about that, a public-private affiliation. Is that not possible??? NO, it can't be, you said public facilities CANNOT be used. Guess what? They even let them play at night under the lights. Let your band of followers click the thumbs up now. I rest my case.

replied to LouisTully
Score: -2 ( 4 votes ) Vote up Vote down Report this comment

Yeah, great case. Now D'Youville wants to get real and get competitive and have an athletic facility on/near campus. Using facilities in Amherst and Riverside is not a public-private endeavor; rather it's them settling for what they can get within their means. It's a growing school so now they have the means as well as the demand to justify their own complex.

Your ideas are just off base. And you always come back with "you hurl insults...i did my research... get your facts straight".

Along with an uncomfortably detailed description of whichever property is being discussed. For example:
" Located at 287 Fargo Ave, the home is a two story space with a cottage setback on the right side. Two homes and the cottage stand between it and the D'Youville parking lot"

I imagine the part you leave out goes something like..."I walked around the back of the house and when I knocked on the bathroom window a woman screamed, though I don't know why. I just wanted to tell her her choice in paint color is ugly and she has poor taste".

replied to Old First Ward
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The industrial building that used to be here is long gone, I think you could view it on the old google streetview. The thought of retail or restaurants on this parcel of land seems comical to me as it is bordered by more empty land, subsidized housing, low rentals, no visibility, and an empty industrial building with a spattering of run down houses tucked here and there.

They should sell DYouville the land and use the money to secure the industrial building at the corner of Jersey and Lakeview. Its odd the think of why there were industrial buildings there at all until you realize the 190 used to be a canal.

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As a D'Youville employee, we need our own athletic field in order to move forward - not rent time from other complexes. Comparing us to Canisius seems a bit off, since we don't have the surrounding land mass that Canisius does. When we try to acquire land, someone is always fighting it. Funny, when Canisius was expanding, there were plenty of people complaining then too!

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