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HomeMy WebLinkAbout11-1129CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO November 29, 2011 AT 2 :00 P.M. Present — David A. Franczyk, President of the Council, and Councilrnembers: Fontana, Golornbek, Kearns, LoCurto, Pridgen, Rivera, Russell & Smith e 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 15, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH [_a_m_____m___] [MAJ- 5] [ 213 - 61 [3149 7] *AYE* NO* * * *7* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * November 29, 2011 FROM THE MAYOR November 29, 2011 FROM THE MAYOR d EXECUTIVE DEPARTMENT November 29, 2011 I FROM THE BUFFALO PRESERVATION BOARD 0000 Recommendation from Buffalo Preservation Board to Buffalo Common Council Applications for Landmarks /Landmark Site: The Former Fairfield Library The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation for the "Former Fairfield Library" located at 1659 Amherst St. be approved by Buffalo Common Council and thus designated a City of Buffalo Local Landmark. The attached landmark application was prepared by the Buffalo Preservation Board and was reviewed by the Board at its November 3, 2011 meeting in accordance with Chapter 337 Article III of City Code. A public hearing was held at this meeting. The Preservation Board established that the property meets the criteria outlined by the code for landmark designation. Please feel free to contact Michele Broxek Knoll, Senior Planner- Historic Preservation, with any questions at 851 -5029. REFERRED TO THE COMMITTEE E : � L EGISL A TI ON , k F I Form LS -1 Application for Landmark/Landmark Site Buffalo Preservation. Board 901 City Mall Buffalo, Now York 14202 Telephone; (716) 851 -5029 Fax: (716) 851-4388 Instructions to Applicant; The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; C) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process; * * ** check in the amount of $500.00 made out to the City of Buffalo preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 1659 Amherst St. 2. Name of property (if any) Known as the "Former Fairfield Library" 3. Name of Present Owner City of Buffalo Address 65 Niagara Square City Buffalo Zip 14202 4. Present use of property Vacant_ I 5. Year of Construction 1897 8. Architect Green and Wicks Is property endangered? Yes X No If yes, explain: Vacant 8. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site. Please indicate the sources of information. 9. Phase attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. 10. Name of Applicant Paul McDonnell, Chair Organization, (if any) Buffalo Preservation Board Addres 901 City Hall City Buffalo _ Zip 14202 Phone (715).851-5029 I hereby certify that the information contained herein is true and correct to the best of my knowledge: Signature of Applicant Date 2 ✓I History and Significance Overview The building known as the "Former Fairfield Library was designed by William Sydney Wicks of the Buffalo -based firm Green and Wicks for the Parkside Unitarian Church in 1897. It remained in use by the Unitarian Church until 1912, . when it was leased by the Parkside Evangelical Lutheran Church in 1912. In 1924, it was purchased by the City of Buffalo for use as a public library branch. It was used as a library until 2005, when it closed. The Former Fairfield Library is significant because it was designed by prominent Buffalo architectural firm Green and Wicks, because it has been an important visual and cultural fixture in the Parkside community of the City of Buffalo for over 100 years, and because it is an excellent example of the Colonial Revival style of architecture. Early history The "Former Fairfield Library" at 1659 Amherst St, was originally built in 1897 to house the Parkside Unitarian Church. The Unitarian Church, at the time, had held a presence in Buffalo for over 65 years. The "First Unitarian Society of Buffalo" was organized in Buffalo in December of 1831,. and the first Unitarian church was located on Washington Street between Swan and South Division next to the Washington Street Baptist Church in downtown Buffalo. In 1879, the cornerstone was laid for a new church, called The Church of Our Father which was located on the west side of Delaware Ave. between Mohawk and Huron Streets in Buffalo. In 1904 this church was sold to the Buffalo Consistory and construction of another new church at Elmwood Ave. and W. Ferry St. began. The first service at this new church named the "First Unitarian Church of Buffalo" was held in 1906. The church was designed by Edward Kent in the English Gothic Revival style. Around this time, a subset of the First Unitarian Society of Buffalo formed. The Parkside Alliance of Liberal Christian Women organized in 1894, that later developed into the Parkside Unitarian Society. Meanwhile, the Parkside neighborhood of Buffalo was rapidly developing in the 1880s and 90s following the completion of Delaware Park in the 18708. Fredrick Law Olmsted designed the community as upper - middle and upper class residential enclave that complemented adjoining Delaware Park, or simply the "Park" as Olmsted called it. Winding streets and the planting of large street trees all contributed to the quasi - suburban and park -like qualities of the 3 neighborhood. Soon after its design, the Parkside Land Improvement Company began subdividing and selling plots for development. Well- to -do. business - people and others began building homes in the neighborhood. One now resident of the Parkside neighborhood was architect William Sydney Wicks, who designed and built his Tudor Revival style home at 124 ,Jewett Parkway, on the southwest corner of Jewett and Summit Avenue in 1890. Wicks was a Unitarian, and advocated for the building of a local neighborhood Unitarian Church in the new residential community. Shortly thereafter, the church was built in 1897. The Parkside Unitarian Church was only housed at 1659 Amherst Street until 1912, when its members merged with the First Unitarian Church on Elmwood Ave. The building was teased to the Parkside Evangelical Lutheran Church in 1912, and twelve years later, in 1924, it was purchased by the City of Buffalo for $25,000 to be used as a branch of the Buffalo Public Library. William Sydney Wicksl Green and Wicks Wicks was born in Barneveld, New York on July 29, 1853. In 1872, he began the architecture program at Cornell University, where ho studied under Charles Babcocki, and at MIT where he studied with William Robert Ware. He graduated from MIT in 1876. In 1880, Wicks began a partnership with his collegue, Edward Brohead (E.B.) Green and they practiced in Auburn, New York. In 1888, the practice moved to 110 Franklin St, in Buffalo. In In 1889, Wicks was elected a fellow of the American Institiue of Architects, and wrote the bestselling manual, "Log Cabins and Cottages. How to Build and Furnish Them" which focused on Wick's belief of closely integrating site and building design. Wicks expanded on his interest in log cabins, and desigged many log cabins, camps, and lodges througout the Adirondacks region. By 1892, he had joined the Adirondack League Club near Cold Forge, and designed two club buildings and several private camps there. He also designed Mountain Lodge and the Martha T. Williams Camp, both located on Little Moose Lake in the Adirondacks. Despite his passion for the design of rustic camps and log cabins, Wicks is more commonly known in the Western New York region for his work with partner Edward Green. In partnership, Green and Wicks designed an impressive collection of buildings in the Buffalo area and throughout New York State, including the Albright -Knox Art Gallery, the Main Buildings at the New York State Fairgrounds in Syracuse, the Agriculture Building at Cornell University, and the G> n C� Ontario Power Plant at Niagara Falls, New York. The Green and Wicks partnership ended in 1917 with the retirement of Wicks. Wicks died in Barnevald, New York on May 30, 1919. Library History In 1924, 1659 Amherst St. was purchased by the City of Buffalo for $25,000 to be used as a branch of the Buffalo Public Library. City Architect H.L. Beck was charged with converting the church building into a library, and designed the 1 -story addition on the west elevation. . The Fairfield Branch Library was the second of branch libraries to open in the City of Buffalo in the 1920s, and immediately became an important landmark in the neighborhood, in part because of the community's long- standing desire for a library in Parkside. According to the Library's original Board of Directors: The branch is being built in a well-to-do community with no library nearby, and the main library is a 30- minute ride away. This is somewhat unlike the usual library, which is more or less a municipal enterprise, It is a neighborhood affair. A definite petition was made for this locality. As such, it will fill a long -felt want. The library was dedicated on December 7, 1925, and its first collection totaled 3,993 volumes. During 1932 -33, the Fairfield Library was one of several Buffalo libraries that were temporarily closed because of budget cuts. Fairfield Library reopened in Apri 9933, grid its callectiiori continued to expand. In 1959, City of Buffalo architect Edward Lietz designed a new children's room addition, which was opened in 1961. The library remained a successful branch until 2005, when it closed. Location and Architectural Description The Fairfield Library is located at the southeast corner of Amherst and Fairfield Sts, on an triangular corner parcel. It is described a one - and- a-half story front gabled Coto nial- Revival styled frame building with a central block floor plan flanked by a one -story addition on the west. The original section of the building rests on a rusticated stone foundation, and the one -story addition rests on a block foundation. The building is covered with original wood shingles. A one -story gabled porch with four Corinthian columns is centered on the north (front) elevation, marking the main entryway to the building. Carved wood pilasters were places parallel to the columns. The columns support a shallow front porch. The cornice of the porch pediment as well 61 as that of the main front gable is lined with wood dentils and brackets. A decorative shield is found on the porch pediment with "est. 1097" painted in gold. Two twelve-over-twelve paneled double -hung wood windows flank the central doors on the north elevation, and three 12 -pane fixed wood windows are located above the doors and windows in the central bay. The north (front) elevation is marked by two large Paladian windows marked by single decorative quoins above each window. The east (right side) elevation is marked by five identical Paladian windows. The west (left side) elevation may have been similarly designed, however, a one -story frame addition with three paneled Paladian windows was added in 1924. A decorative iron railing lines the roofline of the addition, mimicking a balustrade. A gabled entryway flanked by six -paned sidelites is located on the southwest.corner of the building and served as a rear entrance to the church, then library. A less ornamental service door is located on the southern end of the addition. The south (rear) elevation contains one large central Paladian window, two twelve-over-twelve double hung wood windows, and one small arched window near the roofline. Criteria for Designation (1) tt has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The Former Fairfield Library represents a period of early and rapid development of the Parkside neighborhood of Buffalo, as well as the strong sense of community in the neighborhood. First used as a neighborhood church and then library, the building was utilized as a community gathering place, first as a religios place, then as a place of learning, that served the Parkside neighborhood for over 100 years. n 5) it embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use. of indigenous materials. The Former Fairfield Library is an excellent example of an in -tact Colonial- Revival building with nearly all - original wood architectural features, including wood shingle siding, wood windows, and a carved wood cornice with decorative brackets and dentils. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. Designed by Green and Wicks, the Former Fairfield Library represents Green and Wicks' inclination towards Revival styles of urban and residential architecture. Located in the Parkside neighborhood, Wicks' own Tudor- Revial . style home was designed in stark contrast to the neighboring Darwin D. Martini House designed by Frank Lloyd Wright. The Former Fairfield Library is seen by many as an ideal example of the Colonial Revival style of architecture. References Buffalo Architecture: A Guide Cambridge, Massachusetts: MIT Press, 1981. Jamieson, Charles P. Herita e ci Heres : A Histar of the First 15fl Years of the Uhitarian Universalist Church in Buffalo Buffalo, IVY: Partner' Press, 1982. McAlester, Virginia & Lee. A Field Guide to American Houses New York, New York: Alfred A. Knopf, Inc., 1984. Parkside Community Association. History of the Fairfield Library May, 1976, Roberts, Russell. Architect Author William S. Wicks. Adirondack Architectural Heritage, Vol. 6, No. 2, 1997, Sanborn Fire Insurance Company. 1916 Sanborn Fire Insurance Map Philadelphia, Pennsylvania, 1916. 7 a 9 t P£�nfaE: F . a �• �i u k •mow ® i v V6RC AR13 r 1 L r I` 69/+TRgg IV 0 } a b' Y t ILA _ �=' �� I � .�.:� :gip "� e i aZ 44 " E ,_ y ♦Y r t. r s ' &it tn 'w �I J N. 1 �� i fi it c'lT 3� 4 � •iT `� � E V .. `�wR r +v °���i. +pry;"' r. l�� xi � �: ""v.:�,• � A''�� � � � w _�4 Y at A fr - ���d.! �. t �, 'L4 @ 1— ' �� ` . �y zI Y t � ? ! �r {{ u!,.1 i t� d ¢`l�l +l� ll ISiV '1ti�1Y��5t�'+51 F 9 ! jf ay4 3i6 "' E�34 A t w" ��� f �` v � �� EV ➢� ��� �sI � t `� �;� � E f 2� a r�'"s � ln 4 � � � 5���t�� �,,, ll uE is U -� f j a� �� i.4•� � � 1 �� at g �i t �� t��\i7f�a "V'n'�� �� E� � �� f I f f ` , Y l,ik I p{i z n{'Wr i s 1 Ct I r w n i I s �uv'u Rod RE 1 I s _ �� t � t�t`Pi, v rz1 {. ,.�. er §S ;.y, q r 4 :,e� Ity" �, !E•, v v rM1 t$ tYrr•r�> ttr ➢- �eri "�Y'kk '� Sy5"��ttz �' +3ri �k �1rt'a an Now . µµ i' Sr,s s ' � kt', ::a�. - ..�.. - -w 711;. ` " "" "u `�r� >`4S',a 'Y•r °, r�k,E k�?'t "�r"�- i�3 »4ti>�.? l� f" �t }! r y�', ,,7,fi„ py''r! 'a z � cn r k - E k v.,c: , �: •s"' �J .£$3 f,u s n } a #1 .. � s� i a �q aawres"a Vlk "{�'JP. °fhb, v ,«�`�� "� �� V� ■(}(y 3 r,�{P '� -. ,/ ��s9Y� rte �, n,��v:3,u ;,wiav«�u!.�u;u:muwssf.�� it��x:;xtm'uaiY�`��:..ea �v��gyt�1�; ti�a� -•. . '� �„' 9' �ii1W� s. 11�t` i7�7 Ph4` f' � i��I�14,' �1, k;{ 4i¢ li` A3u�' S, kF; v% �t1: kYei` ���rl�rm7: il�e# ftiRxhlxgrsttrrn� ,xsxmrrs,ntr��;cAan�x',mmrr q�,.,w..,,,.,, a�w.,, ,.::... �..-- -. --__ !FIJI f FROM THE CITY PLANNING BOARD November 29, 2011 00001) St QRA Notice of: Detefmination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article a (SEQR a State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SIQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bank of America Demolition Location; 633 (AKA 641) Delaware Avenue Type of Action: Type 1 - Uncoordinated Description. Schneider Design of behalf of the Bank of America is proposing the demolition of the Bank of America Hank branch located at 633 (AKA 641) Delaware Avenue, Buffalo New York. "The bank of America has donated their branch building located immediately to the south of the Theodore Roosevelt Inaugural National Historic Site. The property was once part of the historic landscape that made up the Wilcox Estate when Theodore Roosevelt took the oath of office in 1901. The Theodore Roosevelt.lnaugurat Site Foundation has committed to restoring this property as part of a historic master plan developed with and approved by the National Park Service. The Master Plan calls for the existing bank building to be demolished and the current bank driveway that runs from Delaware Avenue to the Franklin Street parking lot be restored for continued use. The banks donation also stipulates that an ATM is to remain active on the property. The location of the ATM would be on the new driveway on the former banks footprint. . The City of Buffalo Preservation Board has reviewed this project at its November 3, 2011 meeting. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination. The facts and reasons for this decision are as follows: this project will help move a head the restoration of the grounds of the Theodore Roosevelt/ Wilcox Mansion Historic Site to its original condition. The identified potential negative impacts appear to be primarily short-term site preparati and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin G €unzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- 716 651 -5085 Dated November 9, 2o11 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Schneider Design 0 00 "1 SEORA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Witte Theodore Roosevelt inaugural grounds restoration Location; 633 (AKA 641) Delaware Avenue Type of Action: Type 1 - Uncoordinated Descrlption: Schneider Design of behalf of the Theodore Roosevelt inaugural Site is proposing the restoration and improvement to the grounds located at 633 (AKA 641) Delaware Avenue, Buffalo New York. The bank of America has donated their branch building located immediately to the south of the Theodore Roosevelt Inaugural National Historic Site. The property was once part of the histor'c landscape that made up the Wilcox Estate when Theodore Roosevelt took the oath of office in 1901. The Theodore Roosevelt Inaugural Site Foundation has committed to restoring this property as part of a historic master plan developed with and approved by the National Park Service. The Master Plan calls for the existing bank building to be demolished and the current bank driveway that runs from Delaware Avenue to the Franklin Street parking lot be restored for continued use. The -banks donation also stipulates that an ATM is to remain active on the property. The location of the ATM would be on the new driveway on the former banks footprint. . The City of Buffalo Preservation Board has reviewed this project at its November 3, 2011 meeting. A life size bronze statue of Theodore Roosevelt will be added on the footprint of the bank building near Delaware avenue. The historic landscape will be restored as close as possible to its condition at the time of Theodore Roosevelt's inauguration in 1901. Demolition of the building, carrying costs, landscape restoration, and the installation of a Theodore Roosevelt sculpture whose cost will be borne by the Renaissance Foundation and its urban public arts initiative will total close to 800,000 dollars. As a resuft of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental. Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will restore the grounds of the Theodore Roosevelt/ Wilcox Mansion Historic Site to close to the original 1901 condition, helping to continue the recently successful efforts to bring more cultural tourism to the City of Buffalo. The identified potential negative impacts appear to be primarily short-terra site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunxweig, Land Use Controls Coordinator, Room Sol City Hall, Buffalo New York 14202 — 716 851 -5085 Dated: November 9 2011 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Schneider Design RECEIVED AND FILED 0000 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR ® State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Least Agency has reviewed the following action as it relates to the environment; Action Title Helping Everyone Achieve Livelihood (HEAL) Location: 240 -244 West Ferry Street Type of Action: Uncoordinated - Unlisted Description: Heal is proposing to rehab the existing building located at 240 -244. West Ferry Street, Buffalo New York. The building renovation will include the facade, new signage and roof replacement. The bulk of the renovations will take place inside the structure preparing the space for the local HEAL Economic Center Offices and program space. 240 -244 — first floor space will be 4200 sq. ft. of open space for refugee /immigrant businesses to start their business in thirty three cubicles to be used as mostly retail spaces. 244 — first floor space will be a three hundred sq. ft. small retail space for a coffee shop or other similar business with minimal seating. 240- 2" floor will be a 1500 sq, ft. space for a Woman Empowerment Center that will include 5 -10 cubicles and a larger gathering space holding up to 90 people for presentations. 244 -- 2" floor will be a 1500 sq. ft. space to be used for HEALS main offices and space for education purposes including youth services, training, education and conflict resolution programs. The project once in operation is expected to be self - supporting from the income that is expected to be generated from the businesses housed in the facility, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. \, Reasons supporting This Determination: The facts and reasons for this decision are as follows: The project will serve a need in the Westside community that will help a number of refugees and immigrants get adjusted to their new community with advice and direction helping the individuals. and families: become self-sufficient, Potentially number of new jobs would be also created during the renovation. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 m 716 851 -5085 Dated _ November 9.2011 CC: City Clerk City of Buffalo Public Works, Parks, Streets Deparnnent City of Buffalo Economic Development, Permits and inspection HEAL- International RECEIVED AND FILED � FROM THE OFFICE OF STRATEGIC PLANNING 0000 ) # 1 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 18, 2011 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approve to Amend the Sale of 115 Woltz to Include 1.08 and 112 Loepere Lot Size: 60 x 108 Assessed Valuation land: $ 3,400 Total: $ 3,400 F'illmore District PRIOR COUNCIL. REFERENCE.: (IF ANY) Item No. 12, C.C.P. 1219108 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: TYPE SINGLE SPACE BEfOW The Office of Strategic Planning, Division of Real Estate, sold a former community center located at 115 Woltz in the amount of $30,000.00 to Mohammed Khan on behalf of the Crescent Village Muslim Community Center, Inc. The deed for 115 Woltz was filed in the Erie County Clerk's Office on March 5., 2009. The . Crescent Village. Muslim Community Center, lnc. has .contacted this office informing us that the building at 115 Woltz encroaches on two city owned parcels of land located at 108 and 112 Loepere. The properties in question are the parking lots in the rear of 115 Woltz that serviced the former community center. This office has re- examined the appraisal report that was submitted in 2008 in reference to the sale of 115 Woltz. In this appraisal report the Appraiser indicated the land area is 12,900 sq. ft., when in fact the land area for 115 Woltz is only 6,372 sq. ft. It appears the Appraiser included the parking lot at 108 and 112 Loepere (which is a total of 6,480 sq. ft.) as part of the property located at 915 Woltz. I am attaching the "summary of salient facts and conclusions" page the appraisal report that was submitted back in 2008 in reference to the sale of 115 Woltz for your review. As a result this office is recommending that Your Honorable Body approve to amend Item No. 12, C.C.P. 1219108 to include the sale of both 108 and 112 Loepere along with 115 Woltz in the amount of $30,000.00. The City of Buffalo will not provide a search or survey for the subject properties. dr . f FORM #2 — Page #2 TEXT CONTINUATION RE: 108 & 112 Loepere November 18, 2011 am further recommending that Your Honorable Body authorize the Office of Strategic Planning, Division of Real Estate, to prepare a correcting deed to transfer title to include 108 and 112 Loepere as well as 115 Woltz. I am further recommending that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME; BRENDAN MEHAFFY TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: SM:plg t Mr. Fontana moved; That the above Communication dated November 8, 2011, from the Executive Director of the Office of Strategic Planning be received and filed and that he be authorized to amend the sale of 115 Woltz to Muhammad Khan on behalf of Crescent Village Muslim Community Center, Inc., to include 108 and 112 Leepere for the amount of $30,000.00 and that the Acting Corporation Counsel be authorized to prepare the closing documents for said transfer. The Mayor and/or his designee is authorized to execute the deeds and closing documents to transfer said properties provided that the closing. costs and recording fees be paid by the purchaser, r5- SAYE *NOS FN'A . GOLOMBEK LOCURTO PRWGEN RPJEPA RUSWL D 0006i #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 10, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Rea[ Estate SUBJECT: Report of Sale 204 Landon, 438.22'E Wohlers Lot Size: 30'x 142' Assessed Valuation: $2,100.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Glenda G. Brackett, 149 Highgate Avenue, Buffalo, New York 14214 to purchase 204 Landon Street. Mrs. Brackett owns a two family house at 202 Landon and a vacant lot at 198 Landon, which are adjacent to 204 Landon. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($:45) to Fifty Five Cents ($:55), per square foot. Mrs. Brackett has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300.00), Fifty Five Cents ($.55) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording. fees. I am recommending that Your Honorable Body approve the sale of 204 Landon to Mrs. Glenda Brackett in the amount of Two Thousand Three Hundred Dollars ($2,300.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: BM:ck Repsale2041ando KtFERRED TO THE COMMIT ON UNITY DEVELOPMENT. 0000 #1 (Rev. 1/03) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 10, 2011 FROM: DEPARTMENT: ' Office of Strategic Planning DIVISION: Real Estate SUBJECT Report of Sale 130 Roberts, 155'S Clinton Lot Size: 9'x 134' Assessed Valuation: $1,600.00 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from 122 Roberts Avenue of Buffalo, Inc., Mr. Barry E. Medwin, 122 Roberts Avenue, Buffalo, New York 14206 to purchase 130 Roberts Avenue. 122 Roberts Avenue of Buffalo, Inc. intends to use 130 Roberts as green space and eventually add to other parcels to provide an efficient driveway into the reconditioned and electrical equipment business located at 122 Roberts. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the safe of similar lots in the subject area. Sales range from Sixty Five Cents ($.65) to One Dollar and Fifty Cents ($1.50), per square foot. 122 Roberts Avenue of Buffalo, Inc. has agreed and is prepared to pay Nine Hundred Dollars ($000.00), Seventy Five Cents ($15) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 130 Roberts to 122 Roberts Avenue of Buffalo, Inc. in the amount of Nine Hundred Dollars ($900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD BM:ck Repsafel 30robertslre BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING U 4 __J Mr. Fontana moved; That the above Communication dated November 18, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that he be authorized to sell 130 Roberts for the amount of $900.00, to Mr. Barry E. Medwin of 122 Roberts Avenue of Buffalo, Inc. and that the Acting Corporation Counsel be authorized to prepare the closing documents for said transfer. The Mayor and/or his designee is authorized to execute the deeds and closing documents to transfer said property, provided that the closing costs and recording fees be paid by the purchaser. MIRMW w M 4 5 W -- 6 �. 314- 7 0000,E 1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 16, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 279 Shumway, 243.38'S Broadway Lot Size: 30'x 105' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Barbara Jones, 231 Shumway Street, Buffalo, New York 14212 to purchase 279 Shumway. Ms. Jones owns and resides at 231 Shumway, which is adjacent to 279 Shumway: She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Cents ($.60), per square foot. Ms. Jones has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Five Cents ($.55) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 279 Shumway to Ms. Barbara Jones in the amount of One Thousand Seven Dollars ($1,700.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD BM:ck RepsaleMshumway /re BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING s- Mr. Fontana moved; That the above Communication dated November 16, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that he be authorized to sell 279 Shumway for the amount of $1,700.00, to Mrs. Barbara Jones of 281 Shumway, and that the Acting Corporation Counsel be authorized to prepare the closing documents for said transfer. The Mayor and /or his designee is authorized to execute the deeds and closing documents to transfer said property, provided that the closing costs and recording fees be paid by the purchaser. M 6 H 1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 15, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 969 Sycamore, W Corner Woltz Lot Size: 31'x 141' Assessed Valuation: $3,000.00 (Fillmore District) The.Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed Abdul Matin, 160 Woltz Avenue, Buffalo, New York 14212 to purchase 969 Sycamore. Mr. Matin owns and resides at 160 Woltz, which is adjacent to 969 Sycamore. He intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar ($1.00), per square foot Mr. Matin has agreed and is prepared to pay Three Thousand Dollars ($3,000.00), Eighty Five Cents ($.35) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 969 Sycamore to Mr. Mohammed Abdul Matin in the. amount of Three Thousand Dollars ($3,000.00), 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: BM:ck Repsale%9sycamorelre tpE Mr. Fontana moved; That the above Communication dated November 15, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that he be authorized to sell 969 Sycamore for the amount of $3,000.00, Mr. Muhammad Abdul Matin of 160 Woltz Avenue and that the Acting Corporation Counsel be .authorized to prepare the closing documents for said transfer. The Mayor and /or his designee is authorized to execute the deeds and closing documents to transfer said property, provided that the closing costs and recording fees be paid by the purchaser. in f *AYE * NO FONT ANA - .. 9 g .�g��g . - & LO LO T.! PRU) - RrVERA RUSSELL #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 10, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 305 Woltz, 453'S Walden Lot Size: 32'x 103' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammad Helal, 46 -- 31 65 Place, First Floor, Woodside, New York 91377 to purchase 305 Woltz Avenue. Mr. Helal owns a two family house at 303 Woltz, which is adjacent to 305 Woltz. He intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Cents ($_60); per square foot Mr. Helal has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay. for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 305 Woltz to Mr. Mohammad Helal in the amount of One Thousand Severs Hundred Dollars ($1,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: BM:ck Repsale305wvlWre BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Mr. Fontana moved; That the above Communication dated November 15, 2011 from the Executive Director of the Office of Strategic Planning be received and filed .and that he be authorized to sell 305 Woltz for the amount of $1,700.00 to Mr. Mohammed Heial of 46- 31 65 Place, 1 st Floor, Woodside, NY 11377 and that the Acting Corporation Counsel be authorized to prepare the closing documents for said transfer. The Mayor and/or his designee. is authorized to execute the deeds and closing documents to transfer said property, provided that the closing costs and recording fees be paid by the purchaser. -10- * AYE * NO FONTA . FRANCZYK GOLOMM x LOCURTO PREDGEN RIVERA SNM --6 M- 7 0.__ y #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 16, 2011 FROM. DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 330 Woodlawn, 390.61'W Kehr Lot Size: 31'x 103' Assessed Valuation: $1,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate received two separate inquiries from adjoining property owners to acquire 830 Woodlawn Avenue. None of the owners were agreeable to a split of the property. Sealed bid proposals were requested from the two adjoining property owners. The minimum bid was established at One Thousand Four Hundred Dollars ($1,400.00). Bid proposals were received from Mr. Emmanuel Cooper of 48 Lark Street, Buffalo, New York, 14211, owner of 836 Woodlawn in the amount of One Thousand Six Hundred Fifty Dollars ($1,660.00) and Ms. Tia Harrison of 826 Woodlawn Avenue, Buffalo, New York 14211 in the amount of Two Thousand Five Hundred ($2,500.00). Both bidders intended to use 830 Woodlawn for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by either bidder. Ms. Harrison was the high bidder and has agreed to pay Two Thousand Five Hundred Dollars ($2,500.00) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 830 Woodlawn to Ms. Tia Harrison in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL: DATE: November. 18, 201'1 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk for use of 874. Amherst Street — School No. 64 North District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx G.C,P. xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW} The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk, along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to School No. 64, located at 874 Amherst Street, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. The Corporation Counsel's Office has approved the easement agreement as to form. I am recommending that Your Honorable Body approve the attached easement agreement which has been reviewed and. approved by the Corporation Counsel. l -am ....... ....... . further requesting Your Honorable Body to authorize the Mayor to execute the same. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD BM:pfg C11easekease874AMHERSTSCH64 BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING Mr. Fontana moved; That the above Communication dated November 18, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that the Acting Corporation Counsel be authorized to enter into a Utility Easement Agreement with Niagara Mohawk for the property commonly known as 874 Amherst Street, upon the same material terms and conditions contained therein and upon any additional terms prescribed by the Acting Corporation Counsel. O. _ 1 -12- s g FROM THE COMPTROLLER November 29, 2011 01.4 TO: THE COMMON COUNCIL DATE: November 23, 2011 FROM. THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Audit Report .... Medical Invoice Fee Scheduling The audit covers the period October 2007 through February 2011 and examines the City of Buffalo payments made to OccMed for fee scheduling medical invoices related to injured on duty (IOD) police and fire personnel. The audit findings of overcharges by OccMed were determined by a sampling of the OccMed invoiced amounts and therefore may not reflect all overcharges by the vendor. The audit's objective was to make an examination of the payments made to OccMed to determine whether the amounts paid reflect accurate and appropriate fee scheduling charges. The audit concentrates on four major areas of concern: I. Identification of invoice miscoding which resulted in inaccurate or inflated charges. 2. Identification of fee scheduling commission paid on invoices identified as "Paid Prior Invoice" or "Duplicate ". 3. Identification of commission paid on Diagnostic Related Group "DRG" invoices which were hospital fee scheduled and identification of commission paid on Products of Ambulatory Surgery "PAS" invoices. Similar to the DRG invoices, the provider has already fee scheduled to a lower charge. DRG pertain to hospital stays, PAS pertain to outpatient services. 4 Identification of Commission charged on Negotiated Rates. The reduction was not achieved by OccMed but was a result of the City having negotiated a rate with the vendors. An exit conference was held on November 21, 2011 with the Commissioner of Human Resources, the Director of Compensation and Benefits and the Acting Corporation Counsel. They provided a written response which is attached hereto and made a part of this report. There was general agreement with the substance of the audit, though due to the legal ramifications related to this inquiry, it is noted that this audit is the result of a sampling of information. It should not be viewed as comprehensive and we maintain that while the conclusions held within are true, they are not representative of what may be discovered upon further review. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Darryl McPherson REFER TO THE COMMITTEE ON FINANCE. TITLE: Deputy Comptroller /City Auditor I r r �f 7 1 + SIGNATURE: r}� -�-� CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL AUDIT REPORT MEDICAL SCHEDULING NOVEMBER 2011 Preface In Mauch 2011 a Buffalo OccMed LLC ( "OceMed ") invoice for $41,981.83 was sent to the Division of Audit for payment. Invoice Number B2011011179 dated February 14, 2011 related to medical invoice fee scheduling services performed in December 2010. The Division of Audit's review of the invoice determined that the vendor overcharged $17,471.35 in commission. The overcharge resulted when a medical procedure. code, CPT code 97110, was incorrectly entered as the medical charge, $97,110.. The detection of this $17,471.35 overcharge prompted a review of payments made to OccMed during the term of their contract which is the subject of this report. Contemporaneously, irregularities in the OccMed billing prompted the Director of Compensation and Benefits to inform the Law Department of the issue and initiate an investigation. Audit Scone The audit covers the period October 2007 through February 2011 and examines the City of Buffalo payments made to OccMed for fee scheduling medical invoices related to injured on duty (IOD) police and fire personnel. The audit findings of overcharges by OccMed were determined by a sampling of the OccMed invoiced amounts and therefore may not reflect all overcharges by the vendor. Audit Obiective An examination of the payments made to OccMed to determine whether the amounts paid reflect accurate and appropriate fee scheduling charges. The audit will concentrate on four major areas of concern: 1. Identification of invoice miscoding which resulted in inaccurate or inflated charges. 2. Identification of fee scheduling commission paid on invoices identified as "Paid Prior Invoice" or "Duplicate ". These amounts are not commissionable per section Lv of the City's contract with OccMed, see Exhibit 1, 3. Identification of commission paid on Diagnostic Related Group "DRG" invoices which were hospital fee scheduled. Such bills show a gross amount and a reduced New York State Workers Compensation No Fault Fee Schedule. The difference between the gross charge and the Workers Compensation charge is not considered a commissionable item. Identification of commission paid on Products of Ambulatory Surgery "PAS" invoices. Similar to the DRG invoices, the provider has already fee scheduled to a lower charge. DRG pertain to hospital stays, PAS pertain to outpatient services. 4. Identification of Commission charged on Negotiated Rates. The reduction was not achieved by OccMed but was a result of the City having negotiated a rate with the vendors. Background On October 1, 2007 the City of Buffalo entered into a contract with Buffalo OccMed LLC to provide professional fee scheduling services on medical bills incurred by injured on duty individuals employed in the Buffalo Fire and Police Departments. OccMed is a small privately held company whose principal owner is Robert Niedermayer. OccMed's website, http: / /buffaloocemed.com provides the following description of the company, "Founded in 2005, BOM is a leader in the design, implementation and management of occupational health, case management, workers compensation bill review and wellness programs. We offer goverment (sic, government) agencies and companies flexible, customized programs to meet your needs ". The description of services in the contract states "OccMed shall provide fee scheduling of related medical bills as needed to assist the city in managing its responsibilities consistent with requirements of General Municipal Law Section 207 -A and 207 -C." This area of the law pertains to injured on duty employees. The initial contract in the amount of $125,000 took effect for fiscal year 2008. The contract has been renewed three additional times in the amount of $200,000 for each fiscal year from 2009 through 2011. OccMed is compensated for bill review services provided to the City of Buffalo based on two criteria: 0 A $1.75 line review charge, with a minimum two lines per invoice. ® 18% of the savings of the fees marked down from the medical provider invoice. The contract. states_ that OccMed will also identify. services billed without_ authorization. and assure no additional services unrelated to the claim are billed by the provider. The contract stipulates OccMed will charge only the line fee for duplicate invoices. A duplicate invoice can occur when a bill is not paid in a timely manner and the provider sends a second bill. This contract specification is designed to prevent OccMed from taking an 18 % commission on a bill that has already been fee scheduled. Flowchart I on page 3 illustrates the medical bill payment process. Upon receipt of medical bills the Division of Compensation and Benefits would send all such bills to OccMed to fee schedule. OccMed would review the bill, handwrite the amount to pay, and prepare an Explanation of Claire Review sheet. The review sheet listed the original medical provider invoice. amount and specified the amount due. Also displayed on the Explanation of Claim Review sheet was a column titled Reduction which was the difference between the original billed amount and the amount to pay. The Workers Compensation Board sets the fees for specific medical procedures. The mission statement of the Board is to protect "the rights of employees and employers by ensuring the proper delivery of benefits to those who are. injured or ill. "; source www.wcb.state.ny.us By controlling the amounts which medical providers can charge for services provided to injured workers, a dual pricing mechanism is put in place, i.e., a full -up charge and a controlled charge. This spread or difference in charges is the reason for Bill review services. OceMed's job is to assure that their client, the City. of `Buffalo, pays the lowest amount under the stated guidelines. The Explanation of Claim Review sheet was attached to the medical bill and returned to the Compensation and Benefits Division. The medical bills were then entered on MUNIS for payment, reviewed by Audit and paid. City of Buffalo Injured on Duty Medical Bill Review & Processing Flow Chart #9 [in Hospital Chiropractor Physical Therapist Medical Bill I i Medical Bill I i Medical Bill City Hall Re%gevrs Fee division of Compensation Scheduled & Benefits Bills from collects all IOD OccMed Riffs from Medical Providers & Sends to OocMed hwet Input of IOD Medical BiPs into IOD Medical Bills Fee-Scheduled Dept of Audit & OccMed, LLC, 10 Medical Bills Control Reviews and Approves Check Issued for Payment to Medical Providers Payment (Check) 3 Flow Chart 2 shows the steps involved in making payments to OccMed by the City of Buffalo. OccMed charged a fee for invoice dine review and a commission on price reductions. pity of Buffalo OccMed Invoice Review & Processing Flog Chart Flow Chart. #2 OccMed, LLC, OccMed . Invoice City Hall Division of Compensation & 6enefits 1 Accounting Processes for Payment Check Issued for Invoice reviewed & . payment to OccMed Approved by Audit & Control 0 Verified that all invoices sent Comp & Benefits Reviews to Ocomed for fee- OccMed Invoice scheduling were returned '92% of paid OCCMED requisitions totaling Comp &Benefits Enters a $637,663 were entered by Service Order Requisition in one individual Benefits MUNIS` Specialist who reportedly worked for OccM ed _ concurrentwith working in Compensation & Benefits Payment (Check) Requisition is Approved by Comp & Benefits Dept Head Audit Reviews Requisition & Converts to a purchase Order '92% of Receiving of Services totaling $637,563 were entered in MUNIS by Receiving is entered by the one individual Benefits Compensation & Benefits Specialist who reportedly Specialist" worked for OccMed concurrent with working in Compensation &Benefits OccMed I voice 1 Accounting Processes for Payment Check Issued for Invoice reviewed & . payment to OccMed Approved by Audit & Control 0 �i The OccMed invoices consist of a single sheet of paper itemizing a line fee total, a commission total and their sum, the invoice total. This is supported by snap shot summaries of each medical bill fee scheduled and presented in the same format as the Explanation of Claim Review form: with line detail. The support documentation averaged 160 pages per invoice. Review of Invoices From contract inception in October 2007 through January 2011 thirty one OccMed invoices were paid totaling. $866,441. (See Exhibit 2) The audit examined the detailed invoice support for 28 of the 31 invoices (paper copies). Three of the 31 invoices did not have the physical paper detail backup. However, these 3 months were examined via an OccMed database downloaded from the OccMed server by an Accountant in the City of Buffalo Accounting Division. This database access was made available to the City by the vendor. Lines in the database totaled approximately 95,000. OceMed Expense viewed by Fiscal Year OCCMED INVOICE CHARGES FY08 -FY11 350,000 300,00€} 250,000 200,000 15 0,000 100,000 50,000 218,585 Not Paid FY11 & Prior FYclaims Prior YrLegaalClairaa _..: payala €at 1,753 CtlrreM FY Payoiettts As shown in the graph above, there is $218,585 encumbered yet unpaid related to Fiscal Year 10 and Fiscal Year 11. The amount is comprised of $154,433 in Prior Year Claims and $64,242 in Fiscal Year 11 unpaid invoices. This balance will be discussed in more detail later in this audit report. Also evident in the graph, during each year of the contract, the invoiced amount exceeded the budgeted amount and invoices were paid through the Claims Process. 5 FY08 FY09 FY10 FY11 dy Audit_Findino . I. Audit Finding: Potential Overcharges Detailed review of commissions paid during Fiscal Year 2008 through Fiscal Year 2011 to OccMed by the City of Buffalo resulted in identification of $170,313 in potential overcharges. The potential overcharges fall into 3 categories which will be explained in further detail. .=stimatedCornmission Examples of each of these categories follow: DRG and PAS Invoice Commission Overcharges — The audit review identified 42 instances where area hospitals billed the full -up- cost of a medical procedure and also provided the reduced Workers Compensation amount to pay. In these instances OccMed entered the full -up amount as the submitted charge and laid claim to savings which they did not achieve. The 18% commission was then charged on these artificial savings. An actual example follows. An area hospital billed the City of Buffalo for medical services delivered in 2008. The bill is stamped, "PLEASE PROCESS IN ACCORDANCE WITH NEW YORK. STATE WORKERS COMPENSATION NO FAULT FEE SCHEDULE. This claim processed according to NYS regulations. Please pay DRG 569 in the amount of $8091.36." The bill has 29 lines of detail and a gross total amount of $55,719.35. OccMed entered the grossed -up amount as the hospital Submitted Amount, $55,719.35, when the expected payment was clearly $8,091.36. This resulted in an $8,573.04 commission paid to OccMed as shown below. Submitted Charge Reimbursed (Paid) Reduction Billed Commission $55,719.35 $8091.36 $47,627.99 18 °10 47,627.99 $$8,573.04 In this example OccMed earned more than the hospital This billing practice resulted in approximately $96,499 in potential overcharges paid by the City of Buffalo during the terra of the contract. 1 Paid Prior Overcharges _ There were 48 instances of commissions charged on invoices which were previously fee scheduled by OccMed, a practice specifically prohibited by the contract. In such instances OccMed would list the Provider Submitted Charge, identify the bill as already paid, indicate the Payment should be zero and calculate a "reduction" as the billed amount minus zero. OceMed would then multiply this artificial reduction, i.e., the full amount of the bill, by 18% and bill this as a commission earned. The table below illustrates an actual example of a paid prior commission overcharge calculation. Submitted Charge Reimbursed (.Paid) Reduction Billed Commission $900 $0 $900 18% 900 = $162 There were occasions OccMed identified the amount to pay as $0 and did not charge a commission in accordance with the contract. However, billing practices were inconsistent. Review of invoices identified $55,531 in commission overcharges related to Paid Prior medical bills. Input Overcharges - There were 6 instances of input inaccuracies which resulted in overcharges totaling $18,283. These went undetected and were paid. The following example demonstrates one of these instances. A $25.89 chiropractor visit was paid as charged to the medical provider yet was entered on the August 2009 OccMed bill as a $25,289 service resulting in a $4,547.36 commission overcharge. Submitted Charge Reimbursed. (Paid) Reduction Billed Commission $25,289 $25.89 $25,263.11 18% * 25,263.11 = $4,547.36 The $17,471.35. overcharge which precipitated this audit was of a similar nature. This overcharge on the February 2011 invoice was detected by Audit and has not been paid. As stated earlier in the audit, a medical procedure code 97110 was entered as the dollar amount of the charge, the true charge was $46.93. This inaccuracy had the following effect. The amount paid to the medical provider for this line is zero due to a maximum daily reimbursement. The error inflated the OccMed invoice by 71% yet was submitted to the City for payment. 2. Audit Finding: Avoidable Commission Charges Detailed review of commissions paid to OecMed by the City of Buffalo resulted in an estimate of over $50,000 in potentially avoidable commission paid to vendors where Negotiated Rates 7 CPT Code Submitted Charge Reimbursed (Paid) Reduction Billed Commission As Billed 97110 $97,110 $0 Max Daily $97,110 18% * 97,110 $17,4 . 79.80 Corrected 97110 $46.93 $0 $46.93 18% * 46.93 — $8.45 The amount paid to the medical provider for this line is zero due to a maximum daily reimbursement. The error inflated the OccMed invoice by 71% yet was submitted to the City for payment. 2. Audit Finding: Avoidable Commission Charges Detailed review of commissions paid to OecMed by the City of Buffalo resulted in an estimate of over $50,000 in potentially avoidable commission paid to vendors where Negotiated Rates 7 were in place. Certain rates were negotiated by the City or by a third party on behalf of the City. The City could have avoided the commission charged on Negotiated Rates by not sending these specific bills to OccMed and/or by enforcing a common sense interpretation of what constituted savings by the vendor. An example follows for an MRI with a local provider: Submitted Charge Reimbursed (Paid) Reduction Billed Commission $795 $450 (City Negotiated MR1 C harge) $245 18% * $245 = $44.10 3. Audit Finding: Insufficient Scrutiny of Charges Prior to Payment The level of scrutiny on validity of commission charges was not sufficient. Paid Prior commissions were approved on invoices despite clear identification as a Paid Prior. Contract terms clearly exclude commission on invoices which are already paid. Interviews with Department of Human Resources Personnel As part of the audit we interviewed several key individuals with responsibility and knowledge of the OccMed contract. What we learned influenced the findings of the audit, The former Director of Compensation and Benefits served from July 2003 through June 2010 and then returned to a Civil Service title as a Compensation and Benefits Specialist. She provided some background on the selection of OccMed in 2007. The company had been fee scheduling on an ad hoc basis during 2005 and 2006. There was a backlog of medical invoices at that time. Another vendor had been doing case management and fee scheduling. A decision was made to separate the fee scheduling as a separate contract. The former Director, who was responsible for approving invpice payments, stated that she was satisfied with OccMed's services. The former Director stated that she did not believe OccMed was entitled to commission on Paid Prior invoices. During the interview the former Director acknowledged that a member of her staff, a Benefits Specialist, also worked part time for OccMed. The Director stated that she did not feel there was a conflict of interest for this Benefits Specialist due to the nature of her work. The specific Benefits Specialist prepared 24 OccMed requisitions in MUNIS, 22 which were converted to Purchase Orders and paid. In some of these instances, the same Benefits Specialist working for OccMed reviewed the City of Buffalo invoices. Creating a requisition is the first step to initiate payments to OccMed. This same Benefits Specialist also did the receiving in MUNIS which is an acknowledgment of services received. Receiving is an integral step in moving the payment process forward. 4. Audit Finding: Potential Conflicts of Interest not Fully Explored The former Director appears to have failed to appreciate or recognize when a conflict of interest may exist. There was no acknowledgment of the risks involved in working for OccMed and also working in the Compensation and Benefits Division as a Specialist, who was responsible for 8 handling bills for the company. An interview with a former Commissioner of Human Resources indicated that he lacked any knowledge of the arrangement, and had he known, he would have acted to cease the conflict. This was further understood by another former Compensation and Benefits Specialist, who was briefly employed by OccMed, but resigned from that job immediately upon being presented with the question of a conflict in 2006. 5. Audit Finding: Lack. of Contract Oversight There is an appearance of poor oversight of the contract by the former Director. OccMed Invoices were not scrutinized by the Division of Compensation and Benefits to identify errors in commission expense and to assure accuracy. The vendor seemingly took advantage of the opportunity to calculate City of Buffalo medical savings in a manner which resulted in the vendor earning higher commission revenue. The willingness to bill in this manner was evident by behavior early in the contract. .early Red Flag In August 2008 the vendor invoiced $44,000 as commission on a $33,000 payment. Some details follow: A hospital medical bill of $280,000 was fee scheduled by a predecessor medical review company for $247,000 and paid by the City of Buffalo in November 2007. ® In May 2008 the hospital sought an additional $33,000 due to new rates. The bill clearly shows the prior payment of $247,000. ® OccMed calculated savings erroneously. OccMed's Commission Equation: $247,000 savings *.18% = $44,000 Commission. OccMed had not reduced the bill by $247,000. The 247 0 was alread aid b the Cit therefore no savings were achieved on the $247,000. Documentation on this invoice and an email communication from OccMed's owner pertaining to this charge reveal that the owner felt justified in the charge, but was , willing to reduce the commission by $36,000. In an email communication dated January 2, 2009 addressed to the City of Buffalo Division of Compensation and Benefits Specialist who also worked for OccMed, the OccMed owner states "I have six different people that work on the invoices based on their work loads. They are all human as I am and at times can make mistakes.... I knock off some of the cliams (sic, claims) done each month and do not bill for them because of the human factor. " This initial red flag went unheeded and the vendor continued to calculate commission on amounts which were previously paid and to claim that these amounts constituted bill reductions which would generate commission. G7 E il© ate The current Director of the Compensation.and Benefits Division was appointed August 30, 2010. In March and April 2011 when concern arose that the $17,471.35 overcharge on invoice 82011011179 dated February 14, 2011 was not an isolated event, the Director initiated an internal review which led the Law Department to examine certain OccMed invoices and associated payments for Contract violations. Concurrent with this action, the Department of Audit and Control began a review of the OccMed contract payments. Law and Audit worked in tandem on their respective investigations. Unpaid OccMed Invoices Re airs Ad'ustnaen�t ©r Known Overehar es The City of Buffalo has withheld payment on several invoices pending the outcome of this review. There is a total of $218,584.55 encumbered, however, there are several known adjustments which will reduce this figure. )encumbered Amount $218,584 Less CPT 97110 commission overcharge $ 17,471 Less Paid Prior commission overcharge $ 7,156 Less DRO commission overcharge $ 15,966 Adjusted Encumbered Amount $177,991 In addition, invoices provided to the Department of Audit and Control do not total to the original encumbered amount of $218,584. The unpaid invoices are $41,498.86 less than the encumbrance. It appears there are two unpaid invoices from 2010 which have not been provided to Audit for review. The $177,991 adjusted total is subject to revision pending review of these two invoices. Bottom Line Ultimately, the amount allegedly owed to OccMed should be reduced by at least the proven overcharges that were discovered in this audit. As stated earlier there are at least $170,313 of overcharges on invoices which were already paid to OccMed. Since the amount either owed by or to the City is subject to interpretation of the billings, we cannot present a comprehensive figure at this time. The final figure will be determined upon subsequent action by the Law Department. 10 Recommendations and _Develop eats 1. Payments to OccMed were approved by the Compensation and Benefits Director, and subsequently by the Division of Audit. Typically, the scope of Audit's review is focused on departmental approval, the use of the proper accounts and funding sources. That is the true role of Audit in accounts payable processing. We recommend that Compensation and Benefits assessments include the reasonability of charges as well as accuracy, and take on a higher level of analysis to prevent future problems of a similar nature. 2. The documentation supporting estimates of potential commission overcharges and avoidable commission overcharges have been submitted to the Corporation Counsel for further evaluation. Corporation Counsel will determine the final OccMed settlement amount, and if necessary, any referrals to outside agencies. 3. We recommend an annual review be conducted by the Division of Compensation and Benefits and the Budget Division of any contract payments that go through the claims process to ascertain if budget allocations are sufficient to cover future contract payments. This will help prevent unnecessary claims on prior fiscal year accounts. The OccMed contract exceeded budget for 3 fiscal years. Earlier scrutiny may have detected and rectified billing anomalies sooner. 4. We recommend the institution and enforcement of a Conflict of Interest policy for City of Buffalo employees to clarify what constitutes proper outside employment standards. 5.. There have been.personnel issues in both the Department of Human Resources and its. sub - component, the Division of Compensation and Benefits over the past several years, e.g., management turnover in the Division and the Department. We recommend a review of best practices needed by Department personnel to run an efficient and cost - conscious Compensation and Benefits Division. We further recommend a review of all contracts within Compensation and Benefits' purview to identify any cost - saving opportunities. 6. A request for proposal for claims processing was issued May 23, 2011. The successful bidder is POMCO Group. The fee structure is not commission based. It is a flat fee of $179,000 annually. The contract should be reviewed for quality control to ensure the City is realizing savings expected from the contract. POMCO Group is a well - respected privately -held company with some depth of management as seen on the company websitc, llttp: f/ www. pomeog ..roup.coin/Senior�Management The Buffalo Board of Education has contracted with POMCO Group for Workers Compensation Claims processing for several years with positive reviews. The new City of Buffalo / POMCO Group contract was submitted to the Common Council in October 2011. 11 Afterword An exit conference was held on November 21, 2011 with the Commissioner of Human Resources, the Director of Compensation and Benefits and the Acting Corporation Counsel. They provided a written response which is attached hereto and made a part of this report. There was general agreement with the substance of the audit, though due to the legal ramifications related to this inquiry, it is noted that this audit is the result of a sampling of information. It should not be viewed as comprehensive and we maintain that while the conclusions held within are ti ue, they are not representative of what may be discovered upon further review. 12 Exhibit I OceMed Contract WDICAL TREATMENT CONTROL FEE SCHEDULING CONTRA,PT This CONTRACT, made as of the I' clay of October, 20117 by arid. tween the MY t E) RUPP ALO, atnunioipaI corporanon organized under the ]aft ottho. ateofNowYorkwif " its.pr3ncipal .office at 65 Niagara Square, 13uffalo, New Fork (hereinafter the'`CXTYI% and .t}CCA D, LJC dba lD[WALO QCCMD (boreinai=ter "MCMED "), a corporation 'With offices located at 44 Christian Drive, .Cheektowaga, Now York 14225. 'lY][TNESSE IX.- . . MUgRiAg, on August 8 2007, the CITE' issued a Request: for Proposals C RFP ") seeking subrnissl ns flora ' all interested p artier f'ot Wury on lhlty Claims Processing for the Departinent of Human Resources, a copy of which is attached hereto and incorporated fieroin as B ibit..A;; and W)URX :S, on Aup.st 27, 2007; 01g0M D. submitted a prop to the CtTFy to perform the aforesaid servloes, and the proposal has boon found geztsralty.'accoptable.bp'the CITY and is ineazporated herein and. made o part la eroof as Exhibit B; and '94j1 , there are over 800 sworn mie bo s :of the Buffalo. Fire I)epartment; and Thera are over 800 sworn members of the Buffalo Police D? .partmoftt, and. VVMREAS the :CUY rsquires the servioes.of'the OcCADED to properly administer and to Will ita responsibilities as servi0 provider of disability benefits for police and fire workers i�ij% red in the perfomanee of •duty'pursuant to Section: 20.7 - -a and Section 2017 -c of the General Munieipal Law. of the Stag ofNe vYoek,.and "Vi MREAS it is in the best interests of the. MY and the City,of Buffalo .Police and Fire Departments to ptouide professional bill .review services to the Human Kesontm Department on behalf of Police. and Fire depa ent personnel, NOW, TIMREFORE, consideration of the mutual agreements set forth below the patties agree as ;Follows: X, W8CRWTl(0N QJ[i'SEl`iVTCFS, OCC ED shall provide fee soheduling of related sbedicat lints as needed to assist the CITY in manning its= responsibilities• consistent with the tequirements of General N unioipal Law' Section 207,a and 207.0 axed, other inledieal management functions and shall perforni the f011.0wing services together WW1 any neeessasy.elated services; (i) )Fee scsheduling of invoices submitted, to ()CCIt7 A by the CITY and return to the CITY for payment withiA five (5) business days Qf receipt by Fee Schodulur including records the CITY'S vendor murex on each invbioe; and {ii) RevloW of services authorized by Case Managers and ideAtificat nn of services billed without author ization, .and (izi) Review of documentation submitted with invoice to. assure additional services 'Were not billed that are uarolmed to the claim; and (iv) l`tacording the CITY'S vendor number on each invoice; and 13 c (V) will only charge line .fee for .duplicate invoices identifecl by OCCMED at time of fee sehedialin& - 2. PUPORT There is no additional ohasge for reports x gkaesteo, b fhe Cozritrzissioner of H uman R OCCMD will M with the Commissioner or leis desi . n o daring the €iiseovery period Of contract iir plexne latinn to develop a layout fair any anticipated reports so as to facilitate delivery of the report :ulaon lns wtli n req cst, 3, CT4AMS There• will be no additional" ch rae for the leotxoiaic "repazt t on 4 quat°terly basis a . swnmary of'each .chin haAd.led by O'CCIMD, OCCMMD will wor with the Commissio or lain designee daring: the discovo y.period of on. contract mpiementat to develo.P a layout for ih .is : summary report. occwp will supply an electronic summary report on.a quutarly basis and at the end of !he.. 1160al year. OCC1"D will `work With the Commissioner of -WS 4signos doting the discovery period of ant. Tact impleikientsti6n. to 4.e9olop a. Iaytilit and content for this summary report. 4. CONgULTATION OCCMJ) will supply five (5) main -hours each quarter of .consultation time to meet with City of Buffalo Officials as directed by thte Commissioner of ,Human Resource or his designee. PEIFO , AANNCE OF SER CE+ S: OCCNMD agrees that In tkas,.pezformannce of this .contract. that they will aet in accordance Vida the general dv eczpnS gaven ..;b' .the Cozrixnissioxie�r o fTitr,an "'esbtirces of his .. dos gnei (s) and that OCCM D• $Ball laerf'oiln the sozvices required herein: in a timely b, TERIA NO`IICES: The term of this contrast shall be. for the period of 8 months e4mmenoing on October 1, 2007, terminating June, 30,2008 ' provided however, that either. party may nnilaterally terminate this CONTRACT at any tithe upon providing the other.party with th* (30) days written notice. Such notico and any other notice(s) required or permitted undet• this COXTRACT shall be hand- dollycred or:'sent to the appropi We partly by first class snail, postage paid or by oVetnight carer to tho following address: 'n the Cite Commissioner of Human Resources City of Buffalo 1007 City Hall - Buffalo, 14202 To the Cont actor: Buffalo OccMed 7Px), fax 668 Buffalo, New York 14225 14 Either party may, from time to time designate, by written nonce, pursuant to i his section another address or representative to which such notice or cotnmunications should be gont. 7. COWENSAT OM OCCMA shall submit to ,the, Commissioner of invoices for services antlered on a xagular basis. As ctaanpensa'on for the. performance of the'services antler 6IS Contract, tho CITY shall pay to OCMED as followq l 75 Per IMe Minitnurn 2 lines pet` n ord. and 18% of MArigs f'4r foes Marked. down. The total- abaount of coffiliensation to be pa to OCCIY, D for ihe services to be pro under this COl l'M CT si ll be contii gent upon elands being appropriated for payment of the services described hotok and shall .iftot to exceed the .sum. of one hundred 'twenty -five 'thousand. dollars ($I25tf oo). The total :compensation provided far :herein. shall not exo.aed this Maim - 0m &rflount'without a ritton aramdrnont, meuted by both parties, and approved by the Buffalo Common. Council and Buffalo Fiscal Stability Co't n6l. Payments for Manly those services comploted at the.ti.me of to-if motion of tlaas 'agreement will be;paid.to the 61CC=)D. Se RELATIONSHW OF THE P� OMMED arid-the CITY agree that OCCMED `is an .indepe�dent contractor, and not an employee of the CITY and that in: accord4neo with such status as an indepon contractor OCCMED covenants and agrees that it wail. not hold itself out as, nor claim to be, an officer or employee of the CITY, ineltuding but not limited to worker compensation coy cx4 e, Unemployment astarance benefits, sooia.l. soourity coverage, M edical, dental or health insurance ;wv'erage, or employee retiremont Membership or credit by rgason of this oontraeti,. That QCCMED shall not have the authority to bind or contract for the CITY',. or any Department, agency or unit thereof, or to make or incur indebfedness, liability or ablagat ora on behalf 6f the CITY, or any departtnent,-agency or unit thereof. This oontraot shall not be construed as creating an exelusivo ooc�act for services. The CITE' retains the right:to contract with others to .provide like or similar servioos, OCCI I1 retrains tbe. right to pro vide suclr seivioes to partios rather than the CITY in its scale discretion. 9. +CONMEN` IA.ILr11Y; - OCCIVIEW ecogaiixes. that all medical and other personnel records and itaforivation obtained dither direotly or indireotly, is con idonfial and agroos that they will not divulge,. disclose or communicate in any manner stay such information to any thu' d party without the prior consent of the CIT:4t°_ 0CC agrees to comply Nvith..all applicable l edoral and State laws and regulations govern EJ) ing carnfidentiality' of records. The, confidentiality provisions of this CONTRACT shall remain in full fbrl�e and effect after the to ination of this CONTRACT, 10_RtTURN Or RECORDS Upon termination of this 'COOT a.CT, CCCMII shall. deli�jer all records, notes, data, memorandum, and files of any ?xiaturo which are in their possession or under their control and which are the property of the CITY or related to the CXTY'S business. 4 15 11, ENTM AGREMKNT This CONTRACT represents the entire Weemept of the parties and thaf, are no ether Promises or condition .5 in auy othelr agreement either oral or vAtt ,n. , This CONTRACT supercedes any prior wri iu. or oral agreon ertt bet�rsetr filze parties. 1 , AMNDME1+3T: T s C IiT CI` rxxay be odi ed or amexided--ifthe modifcafion.ox Amend negt zs`tmde ir► �rui g; aid e u# d: by both �parties. 13 8MRABILiM U. any provision of this CONTRACT sizall be ;held . to be invalid or unenforce'able for y reason, the remaining provisions snail c ontinue :to'bo valid and e�foreeabie.' Ifa'O.ouxt °fin tbat any provision of this .CONTRACT is. invalid l or unenforceable, then such provision. shall bo.cieerned to be written, oonstrued, azd. enforced . as. so liMited, 14. INDEDEWIC:ATION: -'Th.P- OCCM D he=reby agrees to dofend, indomnify, Md 'save' ha finless the CITY, its Qf csrs . employees, and agents against Amy and all liability, toss, damage, detim4mt suit, claim, demand, costs, attorneys' fees, and expenses of Whatever kind tir nature which ,the CX�'Y,. its Officers, eraploy6s, and agents may 'directly or in incur, suffer .or be required -tai pay.. by reason& or in consequence of the inteadonal Mattel act or n egligentact or Omission of the OCC]V ED, Its agents, employees or reproseu.#ativos undor this agreement. OCCATED- Iorain t6rna atain insurance coverage in for: aid substance' arceptabi to the City's corporation Counsel, Comptroller, and Commissioner of Human kesources, for the duration of the cpXlt3 i)aoludi .bui: not,iairnited,tq; ' X17 Worker's Compe,nsatio.i hsurance; (ia) Professional Liability Insurance in °thhe amount of $1,000,000; General Liability insurance (included but not limited to, -contractual liability, bodily injury and property damage) in the smount , of $I,000,000 per flc'ourreiee and ..$2,000,000 in rho aggregate under which the City .of,Buffalo roust be namt:d as an additional insured and t crlificate Holder; (iv} Ether suoh . provisions as are. acceptable to the Commissioner of Human I osources and the City's Corporation Co4nsel_ 6, WAMRS The i'ailtire of eitbor pally to enforcc 1111Y PI-ovisiOn of this •CONTRA shall not be construed'as a waiVer or l�ait4tion Of that lr "'s right to subsequently enforce and• compel strict compliaaeo with every provision of this CONTRACT. H 16 7g APPLICABLE LA' ,W—. Tliis CONTRACT shaft be govermed by the :laws of the State of Mew York, or all purposes. aft is contract, th6 pairtzes submit thajh,3olve,3.to the: jurisdiotipn•efthe ,Supreme Coot of60 State of New York, faun of Erie,. and Oonsents that any and all 14.4 ton shall be in such Mart, ,Urwftv%19T OF AIM AN auf6wo.*I for pay;r" SA spa tsa tY COIN TROLL IN 17 ACKNOWLEDGMENTS Butte ofNewYbrk County ofnrie oil the Z�. L day of .c C> in the yeas 407 befor6 me,pen the RODURT C. NIED) RMAYER td me., knovm", Who, being by xnp, . duly sworn, .did depose and say &t he TOM e(s) rti • _ , that he is the OWNEMMSWENT of tho OCCMEA LLt, dha; iClet]~ 4 soipratiza'desaribed in rhih ei�ecutd tii. above 61n6wt; that he knows) the seal of Said corporidion; that the seal affixed to said instruriient: is such corporate seal; that � was so affixed by authority of the board of dire *to of said corporation, and float he signed / his na.. e theret& by lime a - uthazity. Nota�cy 1`t / r . SCH TT N*ry Public m StatA of New York` Qualife in Niagara Cwnty ' My Omission moires 80 State of Now Yor County of Brie OR the day Of in the year 200'Kbefore me per ottally batme laEON'ARD A, IVLA7€A3 l t; #a me krro yrh o, being by ih6'duly sworn, slid dopose.and - say that he residc(a) in 'L tiffalo, N'ow York; that lie is the COMUSSIOXER OF WJ1Yl1 N USOURCES of the City of Buffalo, the corp€rratiorr demiNd :1w and. which executed the a bove instrument; t hat he. signed his name thereto, for and in behalf ofsaid City by like authority, Notary HAREN U. DOWIS80" Notary pub io, Mate of 1401 Y06 Qusfitied.In ttlageN CowAy. try Commission txplres'Aprll 131 d 18 Exhibit 2 OCCMED IWOICES FY08 -FY11 FY09 ' Covers Claim Review October 2007 through December 2€110 Split Payment between Contract & LAW $14,002.23, Balance ofFY11 Jul -08 08!04108 Feb-09 Payment $ OC.CMEJ3 Claim Invoice 141 Contract Payment or Prior Year 09/04/08 Wr -09 Lag $ Review Date [late Date Paid Claim 10!08108 Amount Months # of pages FY08 5 177 Oct -08 11/04/08 Apr -09 Contract Payrrent $ Oct -Nov 2007 12!07!07 Apr -08 Contract Payrrent $ 36,980 4 No Paper Copy 8ivcice Detail Dec -07 01/11108 Apr -08 Contract Payment $ 60,614 3 No Paper Copy Invoice Detail Jan -08 02108/0B May -08 Contract Payment $ 15,860 3 No Paper Copy Invoice Detail Feb -08 03/07/08 Mar -09 LAW CLAIM $ 24,162 13 97 38,337 12 Jun -08 Split Payment between Contract & LAW 04/05/09 Feb -10 LAW CLAIM $ Mar -08 04105108 Mar -09 CLAIM $11 $7;08834 $ 18,634 12 63 Apr -08 05105/08 Mar -09 LAW CLAIM $ 13,784 11 91 May-09 06/29/08 Mar -09 LAW CLAIM $ 26,058 9 99 Jun -08 06129/08 Mar -09 LAW CLAIM $ 24,267 9 89 (Paid $125,000 on FY08 Contract. $95,359 on Claim Paid €n FY0.91 - $ 220359 8 FY09 ' Split Payment between Contract & LAW $14,002.23, Balance ofFY11 Jul -08 08!04108 Feb-09 Contract Payment $ 26,463 7 141 Aug -08 09/04/08 Wr -09 contract Payment $ 36,470 6 243 Sep -08 10!08108 Mar -09 Contract Pay€rsnt $ 29,450 5 177 Oct -08 11/04/08 Apr -09 Contract Payrrent $ 17,775 5 102 Nov -08 12/07108 Mar -09 Contract Payment $ 26,184 3 151 Dec -08 12/31/08 Mar -09 Contract Payment $ 19,622 2 117 .Ian -09 02106/09 Mar -09 Contract Payment $ 33,846 2 297 Feb -09 03102109 Feb -10 LAW CLAIM $ 38,337 12 187 Mar -09 04/05/09 Feb -10 LAW CLAIM $ 18,728 10 161 Apr -09 05/22/09 Feb -10 LAW CLAIM $ 30,155 9 243 May -09 06102109 Feb -10 LAW CLAIM $ 25,781 8 160 Jun -09 07/03109 Feb -10 LAW CLAIM $ 20,619 7 133 (Paid $188,810 on FY09 Contract. $133,619 on Claim Paid in FY10) $ 322,329 6 FY10 Jul-09 .08108!09 M Contract Payment $ 28,374 10 178 Aug -09 09/04/09 Jan -10 Contract Payment $ 24,974 5 173 Sep -09 10102!09 Jun -10 Contract Paylrent $ 21,962 8 217 Oct -09 11/12/09 Jun -10 Contract Payrrient $ 38,889 7 152 Nov-09 12104!49 tun -10 Contract Payment $ 32,400 7 _ 165 Dec -09 12131100 .. Jun-10 Contract Payment $ 15743. _ 5 . 146 Balance offeb- 10lnvoice Split Payment between Contract & LAW $14,002.23, Balance ofFY11 Claim Encumberance $41,498.86 Unpaid LAW CLA €MEncumbered, Not Paid $ 55,501 > 12 lvfssing Invoice = $41K CLAIM - Invoice Amount (Paid $260,000 on FY10 Contract. $164,343 Claim Encumbered In FY11 Not Pald) $ 354,343 > 9 Jan -10 02122/10 Jun -10 $51 660.57 $14,002.23 Up pal $ 37,658 4 174 Feb -10 03115!10 Unpaid LAW CLAIM Encumbered, Not Paid $ 23,331 > 12 184 Mar -10 04/15/10 Unpaid LAW CLAIM Encumbered, Not Paid $ 48,266 > 12 221 Jun -10 07!05110 Unpaid LAW CLAIM Encumbered, Not Paid $ 27,245 >12 245 Balance offeb- 10lnvoice $14,002.23, Balance ofFY11 Claim Encumberance $41,498.86 Unpaid LAW CLA €MEncumbered, Not Paid $ 55,501 > 12 lvfssing Invoice = $41K (Paid $260,000 on FY10 Contract. $164,343 Claim Encumbered In FY11 Not Pald) $ 354,343 > 9 FY11:` Jul -10 08!30110 Oct -10 Contract Payment $ 26,952 2 164 Aug40 09103/10 Nov -10 Contract Payn - ent $ 31,998 3 181 Sep -10 10/04/10 Dec -10 Contract Payment $ 37,815 2 285 Oct -10 11!15110 Jan -11 Contract Payment $ 26,987 2 212 Nov -10 02114!11 Unpaid Contract Encumbrance $ 22,2$0 >9 160 Dec -10 02/14/11 Unpaid Encumbrance included $17,471 overcharge $ 41,582 >9 182 (Paid $123,753 on FY1t Contract - $64,242 Encumbered l $ 187,995 >3 3 Peat 'Total Paid On Con #racts..:. $ 637,563' 3 Year Total Invoices Paid as Prior Year Claims $ 228,878. Sub =total $ 866,441 ' Unpaid', Invoices ( Includes $17ICovercharge) $ 218,685 Total. Amount invoiced (Note - Law Claim Unpaid` Missing $41,498:86 ininvoices) $ 1 19 General overy e~ Pursuant to §7 -7 of City Charter and Code, the D epartm. ent of Human Resources, Division of Compensation and Benefits offers the following respoirsc to the October 2011 "Audit Report on Medical Fee Scheduling Payments ; " Puzsrrant to the Charter, the De par�tmont'w' I identify each issue or criticism raised iii the Audit Report and.tespond by indicati ng agreement or disagreement with the Audito is findings, together with a pl an for irn plernenting solutions to the identified problems and - expected timeline, if appropriate. The subject of the Audit Report was stated to be a review of payments made to OccMed during the term of their contract, and was deeirred cover the period of October 2007 through. February 20 1.1. The Division. does a gree with some of the Audit's findings, as explain below.. Many of the Division's. disagreements with the Audit's findings are due to certain limitations' in the Audit Report, due to th e limited scope of materials that. were analyzed. LAUDIT FINDING: POTENTIAL OVERCHARGES The audit reports that, "Detailed: review of commissions paid during fiscal Year 2008 .through FiscalYear 20.11 to _OccMed. by_the City of Buffalo resulted, in identification of $170,313 in potential overcharges." These potential overcharges were identified as resulting from three problem. areas "DRG and PAS Invoice. Commission Overcharges;" "Paid Prior Overcharges;" and "Input Overcharges." RESPONSE THE. DIVISION AGREES IN PART The Division AGREES with the Audit's findings that certain overcharges were made and AGREES that the instances of overcharges cited in the Audit are likely to be c The Division. believes that the amount of overcharges is actually far greater than what was identified by the Audit. ISSUE: The Audit was unable to review the first three invoices submitted t© the City of Buffalo for payment. These invoices were. dated as follows: December 7, 2007 for $ 36;980.3.8; January 1,. 08 for $60;613.88; and February 8, 2.008 for. $15,860.43 for a total of $11.3,454.69 in unaudited invoices. `I'he.Audit materials indicate "No Paper Copy Invoice Detail" for these entries. However, these invoices.are "auditai le" using .infor'mation accessible to the Department of Audit and Control using its powers pursuant to §74 of the City .Charter. Yor example using subsequent invoices, the Department of Audit. and Control can identify each medical service provider that.had received payment. Using this information, the Department of Audit and Control may then review the billing history of each service provider during the relevant period of time. This would reveal whether or not the bills were fee - scheduled accurately, regardless of whether or not invoices were submitted b the fee scheduling co npany. 1 3 1.Y � The Division shall respond to each specific category of overcharges separately. DRG AND PAS INVOICE, 'COMMISSION OV'ERPHARGES: 9G X99 .RESPONSE: THE DIVISION AGREES IN PART AND DISAGREES IN. PART The Division AGREES with the Audit's analysis and computation o f the DRG and P overcharges to the extent that they were reviewed. The Division believes that additional DRO and PAS overcharges will be discovered.. PAID PRIOR OVERCHARGES: $55 531 RESPONSE: THE DIVISION DISAGREES The Division believes that addit Paid Prior overch will be discovered. ISSUE: The Division has found many instances of what appear to b duplicate and previously pai&bills in the ifivo' !ces:" Then dhplicat�s are not "coded" as paid" prior or duplicate Bills btit appear to repeat themselves in subsequent invoices and match perfectly. Some of these instances involve what appear to be credits applied. as "savings,'' again, without being "coded" as a duplicate or a paid prior hill. These' duplicates become obvious when the printed invoices are compared against each other. See E hibit A fora few examples of duplicate invoices chat do not appear to have been coded by OccMed as duplicates or "paid prior invoices. Fo the.first example, please see the March 2008> invoices for " NY Ortho and Spine Therapy" on pages.48 of 83 and 49. o f 8 3,. Compare to the sane invoices for April 2008 The entries. are re= ordered, however they are identical. The second example begins an.page 51 of 53, for Ken -Ton Physical Therapy in the month of March 2008. Compare to April 2008 on page 58 of 91. Also note the credit of $31.01 that appears on the same page. A large duplicate bill occurred in March 2048 from Buffalo Surgery Center. See page 57 of 97 from February 2008 and compare to page 45 of 83 from March 2408. INPUT OVERCHARGES. $18 281 RESPONSE: THE DIVISION AGREES IN PART AND DISAGREES IN PART The Division AGREES with -the Audit's analysis. and computation of the Input, Overcharges to the extent that they were reviewed. The Division believes that additional overcharges will be discovered. 2,AUDI`I' FINDING: AVOIDABLE COMMISSION CHARGES The Audit reports that " Detailed review of ommini€ ns paid to OccMed by the City of Buffalo resulted. in an estimate of over $50,000 in potentially avoidable commission paid to vendors where Negotiated Rates were in place." RESPONSE: THE DIVISION AGREES IN PART AND. DISAGREES IN PART The Division AGREES with the Audit's analysis .and computation of the Avoidable Commission Charges due to "negotiated rates" to the extent that they were reviewed. The Division believes that additional overcharges will be discovered. ISSUE The Audit gave a clear example of a negotiated rate for an MRI for which OccMed. was not entitled to a commission. The Division certainly agrees with this analysis. The Division relied upon another company, Coventry /Concentra, for injured on duty case management and fee scheduling. prior to entering into the contract with OccMed.'GovontryfConcentra had negotiated rates with several medical service providers can behalf of the City of Buffalo. As the Audit explains, these "negotiated rates" appear on bills as instances in which the service provider automatically marred_ down the price of medical care; If OccMed .did not pndertake_any bill . adjustment in these instances, it would not be entitled to any "savings." However, a closely relate d. problem is that many of the invoices that were submitted by OccMed and paid involve dates of service during the period of tithe when Coventry /Concentra was the contracted case management and bill review vendor for the City of Buffalo. For example, many of the invoices for April 2008 involve dates of service from 2006. .If Coventry /Concentra. had already fee-scheduled these particular bills and /or negotiated these mates, then OccMed might not be entitled to any "savings" from these bills. It will be critical to ensure that OccMed had not sought payment for work that Coventry /Concentra liad already been paid for, See Exhibit D for example of medical bills stamped as received by Concentra and subsequently fee scheduled by OccMed. 1 AUDIT FINDING. INSUFFICIENT SCRUTINY OF CfIARGES PRIOR TO PAYMENT The Audit reports that "The level of scrutiny on validity of commission charges was not sufficient. Paid Prior commissions were approved on.invoices despite clear identification as a Paid.Prior. Contract terms clearly exclude commission on invoices which are already paid." RESPONSE: THE. DIVISION AGREES The Division AGREES with the Audit's findings. 3 ISSUE The Division has undertaken disci pl na y actiar against Maureen I iggins (Compensation & Benefits Specialist) and. Tracy Sealy (farmer Director) in respe se to the issues wised. 4. AUDIT FINDING: POTENTIAL CONFLICTS OF INTEREST NOT FULLY EXPLORE The Audit reports that "The former Director appears to have failed to appreciate or recognize when a conflict of interest may exist.. There was no acknowledgment of the risks involved in working for OccMed an;d also working in the Co mpensation and Benefits Division as a Specialist, who was responsible for handling bills for the company." RESPONSE: 'TFIE DIVISION AGREES The Division AGREES. with the Audit's finding; ISSUE: The Division has undertaken disciplinary action against Maureen Higgins and Tracy Healy p. espo sq to_;ihe issues. Ya l isod, 5:AUD1T FINDING: LACE OF CONTRACT OVERSIGHT The. Audit reports That "There is an appearance of poor oversight of the contract by the former. Director ... The vendor seemingly took. advantage of the opportunity to calculate City of Buffalo m ical savings in amanner which resulted in the vendor earning higher commission RESPONSE. THE DIVISION AGREES The Division; AGREES with the Audit's findings of poor contract oversight by the l?orrner Director of Compensation and Benefits, who had allowed a known employee of OccMed to review that company's invoices and bills for accuracy prior to submission for payment by the City of Buffalo: ' ISSUE: The foriner Director of Compensation and Benefits knew that the OccMed invoices were reviewed for accuracy by an employee of OccMed. Due to her position with OccMed, this employee had are incentive to allow bills to pass through with lessened scrutiny. The fox was guarding the henhouse. 6. EPILOGUE: UNI?dD OCCMED Il l'VOICES RE UI12E AT1J[7S I MENT FOR KNOWN OVERCHARGES 4 The Audit reports that "There is a total of 218,584 55 encumbered, however, there are several known adjustments which will reduce this figure.,. Encumbered Amount L. ess CPT 97110 comrni on overcharge 17,171 Less Paid prior commission: oveMbarge 7,156 Less: D overcharge ` $15,966 Adjusted Ekurnbered. Amount 177,g91 RESPONSE: THE DIVISION AGREES IN PART AND DISAGREES IN PART The Division AGREES that CPT 97114 is incorrect and should be deducted. The Division believes that additional overcharges will be discovered and that there will be no refctnds due to vendor. ISSUE As set forth above, the Division Believes that the OccMed invoices contain substantially more overcharges than were identified by the audit. The Division, in conjunction with the Law Department, would be willing to cooperate with the Department of Audit and Control to continue the auditing effort to ensure that each and every instance of overcharging is identified. 7. BOTTOM LINE: The Auditxeports. that "As stated.earlier theme are at least $170,313 of overcharges ,on invoices which were already paid to OccMed. Since the amount either owed by or to the City is. subject t.o interpretation of the billings, we cannot present a comprehensive figure at this bone. The final figure will be determined upon subsequent action by the Law Department." RESPONSE; THE DIVISION CANNOT FORMULATE A RESPONSE The Division cannot formulate a response insofar as it does not sot forth a definitive assertion with which the Division can agree or disagree. ISSUE: As set forth above, the Division.. is willing to cooperate with the Department of Audit and Control to continue the review efforts. LRECOMMENDATIONS.AND DEVELOPMENTS 1. The Audit sets forth that "We tecommend.that Compensation and Benefits; assessments include the reasonability of charges as well as accuracy, and take on a bigber level of analysis to prevent future problems of a similar nature." 5 RESPONSE. The Division has implemented processes and procedures to address these issues. ISSUE: The majority of the issues identified in.the Audit may fin been the result of a.conflict of interest on the part of an employee and the failure of a superviscr to adequately respond to that conflict of interest. Z. The :Audit sets forth that "Corporation Counsel will determine the final 4ccMed . settlement amount, and if necessary, any referrals to outside agencies." RESPONSE: The Division has undertaken disciplinary actions . against the two individuals who failed to follo w the. City of Buffalo's Ethics Policy. ISSUE: As sot forth above; the calculations made in this audit have not included all invoices and also appear to have..rnissed.considera le numbers of overcharges. It is unlikely Corporation ,Counsel will be a lo'to determine the settlement amount without further clarification of these invoices. The Division will cooperate with further reviews as necessary. 3 , The Audit sets forth that "We recommend an annual review be conducted by the Dimiot of Compensation and Benefits and the Budget Division of any contract payments that go through.the claims process to ascertain if budget allocations are sufficient to cover future contract payments. This will help prevent unnecessary claims on prior fiscal year accounts. The QccMed contract exceeded budget .for three {3} fiscal years. Earlier scrutiny may have detected and rectified billing anomalies sooner. RESPONSE: The Division DISAGREES with the recommendation. ISSUE. The Division is in the best position to manage its own budget lines. The Budget Department sets specific budget fund allocations for specific uses. The Department of Audit and Control reviews contracts after approval to confirm that funds at in place for specific contracts, assigns contract numbers, and processes payments. The Division. should be the appropriate department to review budget lines and allocations to ensure that specific funding is in place; they can identify any gaps in funding and can address them with the Budget Department. No This Audit did not review the Hirst three invoices ley the`t e the fourth i was submitted the budget for that year had already been exhausted. The Division'lias taken steps to address these issues., including ur der ing �liselp. n iy action. against two employees. Further, the Division has a new fee scheduling contract in the approval prQCess which is a flat fee rate with oo incentives for "cost savings 4. The Audit sets forth "We recommend the institution and enforcement of Co nfl i ct of interest policy for Cit of Buffalo employees to clarify wh constitutes pro outside employment standards. RESPONSE: The Division. AGREES ire part i as this subject matter is already covered . by tile. City of Buffalo Employee Handbook; the Charter an&Code of the City of Buffalo (Code of Ethics) and the General Municipal Law. Furthermore this.stibjeet matter will be communicated with vendors that employees can not be employed with such Vendor and remain employed by the City of Buffalo. Request for Proposal (RFP) and ,subsequent contrast developed and implemented by the Division addresses these issues. ISSUE; It is the responsibility of each supervisor and employee to ensure compliance with existing rules. 5. The Audit sets forth. "We recommend a. review of best practices needed to ran an efficient and cost - conscious Compensation and Benefits Division. We further recommend a review of all contracts within. Compensation and Benefits' purview to identify any cast saving opportunities." RESPONSE; The Division has undertaken disciplinary action, specifically against the two individuals in response to these , issues. The Division has contracted. with POMCO to fee schedule at a "flat rate" of $179,000 annually. Further, the Division has taken steps to scrutinize and review all processes prior to being reviewed by the Audit Department. 7 �� r��: Billie' Detail Repo Brain & 5p1ne medical5ervlse Date of5arvlce '5ubmitt CPTCo", Modlfler d Charge Relmburs d CPT Co Modifier Charge 1/8/2008 99213 $9©.85 $60.00 99213 2/5/20118 $27.11 10/12/2007. 97124 $18.47 $58,45 97124 $58.45 10/1012007 97124'" $53:45 97124 Modifier $53:43 10/24/2007 ., 97124 Modifier $53.45:" 97124 $59:45 10/1612007 -.` 97124 $58.45 97124 $5945 - $25.00 97014. $40;00 97014 50.4#0 T/3/290E 99213 $60.00 99213- $27.11 1f3 /a008 971110 $7,5.06 97010 30,00 1/10/2008 971# $55.46. .97124 $59.46 44ETi M "il V�rlil>7E $994 AB DatevfServlte Submitt CPT Code ' MoMer d Charge Rel" rs d Modlfler Charge 2/5/20p8 99283- $9©.85 F9O7702de $90.85 2/5/20118 91772 $83.64 $18.47 Total $124.49 $169.82 ./clh'J,•.. '�iit:" .. sv ....v .... .. .. ... ...'.. ry T otal $90.s5 $90.85 , WNY Orthn & Spine Therapy. .t -t..h Ea F?ih ", s �.i {a1S3:1:.:. �.-... 1. �1= vs.--.-.:-'"•.«w.:"•'.. LSSIF� •�. ".�y�FL.t"- ...- 54«.1`^4N.: ,:- ^.: ^:- t'�tJY- ia�:a`[ -i/ ^'• ' • Cod 5ubmltt d Reim6urs d Date ofServlce . CPT e Modifier "Charge CPT Code Modifier Charge 2/191260B i 37140 $25,D6 47014 - $25.00 ' Page 48 of 83 ' Page 48 of 83 Bill detail Report 213812008 97110 - Refmburs � CpTcode Modifier $2146 97110 .99213. $29.46 2/2812008: 97110 $112,13 42146 97110 $2145 2/26/2098' 97014 $15.72 97014 $15,72 3J412008 97010 $i4A1 97010 $8:10 3/4/300$ 97014 $15,72 97014 $35.72 aiza12 :: 97010 $14 ,01 97010 $0:36 ' % 2/19/2008 97001 $55.97 97001 $55.97 08 , 93110 $23A6 97110 $23.46 2/21/2008 - 97110 $23.45 97119 $23.5 212112008 97014 $15.72 • 97014 - $15.72 2/2&12008 97010 $14.01 '97010 $8,i0 RaI9�70 $28.45 37110 $2316 $84,03 97010 $8,10 `e 3 4z� submitti te�of5ervfce CPT Code Moofffer d • Charge - Refmburs � CpTcode Modifier f 20f1f1 99213 $39.64 .99213. Tout , $39.54 t3at ® ofServtca Submd ftt CfCt>de Mndiffer Charge Retmburs d CfYTCode I Madiffer Charge 21121200$ 99233 RT 5138,94 99243 $112,13 Total WPM '$"112.13 Date of Service Submitt CPTCode Modtfler d .. Charge Reimbursed CPTCode Modlffer Char .1/2 912008 79564 RT $7919 79564 fiT $25.17 Date of Service Submltt COT-Code Modifier d Charge Retmburs d 'CPTCode Modlfler. Charg 1/1812008: 73830 26 RT $25.17 73530 26 Rt $25.17 ECMC Hospital !]et f$? ylce - Submitt d Relmbursed d Heimbursed ., . : CE!a.M,3fs;�:w . - Gt?FCnda dlfle� 1 ,� ~•: harg � H Date Of Service CPT Code Modifier Charge CP'f'Code Mudiffer . Charge . 1118J2006 99283 $30.85 99283 $90:85 Total $90.85 $90,89 ECMC Hospital !]et f$? ylce - Submitk .__LP, - rode... lvlgdlffer.: d Heimbursed ., . : CE!a.M,3fs;�:w . - Gt?FCnda dlfle� 1 ,� ~•: harg � H 1/1/2008 99283 $90,85 99289' eucai �3989 Page 49 of 83 E ' � - s r0 s i fk�P�' - 7 , ik. '£ 2 3 } ._ T tii..., °^- T 1 i:, F i M EMENM E ' E '' , -,g`;- z ` , •S d�i�'t `�f D �+ 2F, 1� i� %� t. �� . �.tt �'hY � �� f � J��IvI T c l 'd _ a +:4 d a nj`- 1= ' r / ' �,� 3 ''` : �_ L `��,5,�= +_44ku5.t"i- ^.l�l�[���� t �4ji.. � dsafi. � __........_ � ��YU. -��'� ��� f ' batepfservice ' CPTCode Submit modifier d Charge CPTCode Rehnburs d Madlflar Chai957 Charge Z/7 ?tA$ 99213 $20.75 J10A0 892%3 PA 20610 t.; / I20CS 99218 PA $39.64 99213 99214 $39.64 - $8.10 99212 PA Date ofS eNk e CPTCode SUbmftt d Modlffer Charge CPTCode' Relmbur d Modifier Charge Z/7 ?tA$ 99213 PA $39,84 892%3 PA $39:64 t.; / I20CS 99218 PA $39.64 99213 PA $39.64 - $8.10 99212 PA $3$,08 992x2 PR $31A8 WNY Ortho & Splhe Therapy T kI """' $A3rf,gN $1A0.9S Date Of Service 5ubmftt CPT Code . Mndffter rf . Charge Rs[mburs d - CPTCode Modifier Marge 2/19/2008 97001 $55.97 97001 $55 2/19/2008 97140 $25:031 97014 $25.00' 2121/2008 97014 .$15,72 97014 $15.72 2/21/2008 97010 $71101 97010 - $8.10 2/21/2008 97110 $23.46. 97110 $23.46 2/26.12009 97014 $1502 97014. $155.72 2/2 Oil 97010, $14.01 _ 97010 $8,14 2/26/2008 97110 $23.46 -97114 Charge $23.46' 2/28 /2008 . 97110. $23,A8 97110- $23,46 2 /zJzQQS' 9710... $2S.A6 97110 too e Date ofService CPT Cod e Submltt d iNadffler Charge CPTCode Relmburs d N1odiRar Charge $191,011 99204 -Total - $191.OD . - $67.80 - -, f:CMC Hospftaf Datenf5ervfee.. CPTCode. Submit t d Modifier Charge CPTCode ftefmburs d Nlndlffer Charge t ` ; „ 2�sst?�.AS 1:ZI�J� /ZtO 9923 12041! 1 $90.85 $71r8f 99283 32001 $90.85 $71, 81 Total $162.66 $162.66 Mercyf'EOSpitaf FD eof5s �} �E�: Su[lmitt d Relmburs d Bi li � . �fl Report ;1/8/2008 97 ©A4 $16.49 97014 $36.43 2/5 Date of Service S ubmltt CPT Code - Mndi€fer d Charge /2008 97110 $24:61. 97110 $24.61 1 /8 /2(NaS 97110 $24.61 .97110 $24,61 2jS /8• 97014 $16.49 97014 $49.22 2/112008 '97110. $49.23 97130 1/22/ 008. 97110 ' " $29:61 97110 .$24.61 1 g /Zf3A8 ,'. 97035 $14.94 '97035. $14:94 1124/2008: 97110 " $24.61 97120, $24.61 q ¢�` -_ei• r�....,;:._.: tr '.S, 94 97035 - $34,94 NNN � . � . r : i�Y t3•„• : K `;fi a• ��. 'a� x' � r 4 .:; ��._� ., • q ,p - i f+ • - u. �5 s�'� + �r F ' ' ,jY /p `}sla,)o.Y + �p ^t% d = 55'4' �f� i l` � v, * 1: yS S � . >< � +y T i .�YT'•l�.;Li'� $10.05 ' .r,.,(..5r t,- Ss•a%���¢n: ,a .}..s „�'•:v dc � 1np 4 'iti i r�'k £.. 5 • -e. �.o, Jai, -.�,• .w�T - 2118/2088 97110.' Date of Service S ubmltt CPT Code - Mndi€fer d Charge ReTmby CPT Code MadlRer• d Charge 2/15/$6 ,97110 $69.80 97110 $49.22 2/4/2008 97110 $63:80 97120 $49,21 2/20/2008 1 97140 $29.36 97140 - 2118/2088 97110.' $68.80 97110 . •$49,22 2/29/2008 971111 $65,80 97110 $49,22 2/36]2008 97140 $29.96 97140• 2/11/2008 .. .97110 $63,80 97110 $49.22 2/11/20{�F3 97140 $29.36 67140 $0,98 2/3/2008=' 97140 $28.51• 97149 $24,99 2/25/200$ 371AO $29,36 97140 $0,38 `2/2212008 97140 $29.36 97140 $0.38 2/6/2008 .97140 $29,36 97140 $0.38 2/4/2OD6 97140 $29,36 97140 $0,38 2/13/2008 97110 $65,80 97110 $49,22• 2 { ? /?� f•„ . 97110 _$ $63,80 97110 _...�._•.. _ _..�.,,._„,:,�..�.2�,� '$49,22 •.2/$/2008 - 97118 2%20/260B'' 9711tl i $53,80 97310 $49.22 2/29/2008 - 97140 $29,36 97140 $0.38 Page 51 of 83 Billing €DDetaif.keport Kaa Ton physical Therapy r 4 A 1` v. UateofServlce Submit' CPTCode Modlfiar d ftelmburs d Charg4a CPT Code Modifier Charge x/1/2008 97140 $283.1 97140• $24.98 21x12008 97112 $81190 97112 •40.00 2 /142008. 97310 $30,48, 97110 $24.61 2J4/2008 9714[1 $29,16 .97140 _ 4 2/4/2008 37119 $63,81 1 97110aa 3� i�' r •'�e: 7 .:iY =,yew ,fi � �'i €,i€ �i €i �.z`` �s � � € � � �� - S�� � i �� - '� k �' 0 k'. ..:i;r'�'• &Ex.;.i,3. x� €er..... .s�5sr, S,Y:`Iz X..�t_:^. Total Page 58 of 91 $81,33 't• Billing. Detail R t Perlurmance SporkS Therapy Dateot"Sery €ce -CPTCorje Su€sm €tt d Modi & • Charge Relinbur: OT M6d!lter ' $99,23 . 1/14/2908 97190 " $26.23 97140 1 /7/2008 971?6 $99.27 1 /1612008 97140 $26:23 87140 3 /9 /2QOB 43140 $260 37740 117/2008 914E3 $ 25.23 97140 :1/14/7908 97110 $99,28 9710 11912008 97110 643.23 2/112008 97140 $26,23 97140 1125 12008 -97035 $14.94 33035 1/2$/2008 €J7140 $26.23 87140 .1/28/2006 97012 $16,80 97012 1/272008 97110 $49.23 97110 . • 1/801700& 97140 . $52,45. 97340 Buffalo Surgery center -- Page 57 of 97 $3,472,53 $344.86 Mhge .37. ,23- 37_ 2523 ' 23 7 7 3 J 37 $2 $4 $347'.20 d $722,2� iPge J $12. $128.70 L37.84 " $144.86 Billing Detbil Report 97149 " 21412668 97146 2/8/2908 S. 97141 $49,29 2/412948 97126 $805.04 2/ &12008 97110 • WNY TMb & 9 rofaciai Pain PC ft ImIurs d. . Total Data ©f Service C PT Ccde Submitt �M odiffer 2f12/2998, 99214 .. $61.04 $31,07 Dotal 6uffafoSar eryCenter' ' bat � 0 _ e of service \ CPT Cqde SubmittE Modifier 1 -. 98D70 1 1l8fz947 ,E 29822 . 1`otal ' $52.45 97149 " 97140 87119• j$ $49,29 X19 . " $805.04 $148,80 ft ImIurs d. . i CPrCode Modifier Charge $62,00 99213 $31,07 $61.04 $31,07 •$0,80 $ §3,87 Page 45 of 83 . .. �. , 4 F{ - � P VIN #. 6 .419 Proulder� Buffalo 000MOd, 1.L. G P.Q. BOX . 668. 13UNdfo, New York 14225 . Phone, 716,004,8038 Fax. 7.16.683.533' EXPLANATION OF CLAIM REVIEW f nsurenc provider: 0Ity of 130 ftepartment of Human Resources. 65 Niagara Square Room 1007 buffalo NY 14202 «330 Dote of t►ijury Injury l NY Department: Service 13ate(s) 612012007 - 711612007. IM9 tCt7 -9: 1CD -9: tGt • :. invoice Data 711712607 722M On.160S noted, At.] reimbursemenw are In accordance With current New York State Workers Compensation Fba Schedules. and per the rules and regulations authorized by the Now York State WOtkers Gompensatlon Law. if you have any questions regarding this analysis, send your Invoice and your �1�alysis to Buffalo OedMed, Fee Schedule i epartmant, P.O. Box 660, Buffalo; NY' 14226 _ CPTO is a re—olstered trademork.of the American Medical Association CPCO is a replstered trademark of the American Adademv of Professional Coders page 4 of 1 1 • 1 U UTY. Dula FAL HEALTH iN SURANGE CLAIM ;C=ORM 0.OTMARA 80 1 007 CITY HALL, `AAIRCWWDY NATIONAL UNIFOSa CLAIM COM?iTFEEos?ps ElIJORAW NY 14202 «3302 FICA PICA. t MELICNt} ►6E0 GND R it 0A €M G330Upp AA__ OTiI fo bSlGl p h¢9Eft - (For Anagram In ftarti l (A9edxrvaA) (d{ajkadRj Sponso's$3 HLALT}IPLAN �tUSKi ER y Nl �(A#sn €17e1lssfvorrv) � A p# L 2,1=R1TEN7BNAME(L sINomo,F. slk)ome, d o In oi} a Polk u B'IJn#t SEA Flra,Naine.Kdit. frMal) r4 u. PAYI #Yi€ �A"r€o,tMIP7OINguREa ; StNa „sf¢si &slf[j]Spousr , OWN Olttt CITY sTAYEy 3: PAT IFNTBTAiUB OFIX ° STATE _ Slrple 1Aariled.0 01horD NY �1P i OCE TEGEP11CTtE (1r1 t1s AroRT Odo) TELEPHONP lilt a Co to) TLB•lih I'AilTime ( 71 ... CR played slud t l Studa [� 1 B. 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PRX7RAUTHOAIYA #O€•11 {Ut{yE(3 _ 24. - A. LATE (8)91.6E13V1CR 13 C. U: PROCFUURES ,,SERVtCES,Y3R$UPPCIES N, - .. {Sxpfaln Unusuet Ckuanlarms) O1AiiN4618 P . r 10. [3ENDERINCi p DO 1'Y ^ _hiM txh YY .E#,S€3. CPTAiC MQUI POINTER $C #iA11DE8 Uir3 FF;ip 4NlAl, - .PROVIDER 1r3:p p I � G�. 02 11458643.6 0 20 0 _.1_ ?0 1 �.J� 371 2 9 .� �` ��._� ' Oil 4 NP# 1578 09 e� 'r _ �;.t.� 4 G2 114586435 06 25 06 25. 07 3 91324 r f 1 "65 100 NPl tt � Lv_ L_ 1578601589 zloi L m 07 11971 24 _[.. � � 3 o 4� NK 15706v�589R 0', 02 07 07 02;(17 1 97124 f 1 ._> G2 114586436 _ 1578601589 a . r .s G2 13,4506436 07' "09. 07 07l 09 1 07 1:" ,9 ?� 24 1 1 E 1 65 '40 4 r+Pl 1576607 5$9 G2 1145864.36 0. 13 07 073 11 ,07 31 9 7124 _3� _ -1 1 1 6 00 � NP) 1578601589 A. A. 25 FE FTALTAKI.D NUh1L31;R 350 EIN 2& PATIENTSACCt1UNTNfl. 27, CCEPT SSIpNA NT? 2 7t3TAi GtSii?OE 29.Atf{3UHTPA1q 3D:13AiA}7 CEgUE rx9al6[ B wa t - 3 1.4586435 Yes Nq a. 3y0., $ ' s rir 390 00 31 81GNATUfiEO! 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INSURANCE PLAN NAME Oil Pfit3flt S}NAMts f>?i1,R €S @ISVCisFOR LDCALUSE N8FIT'RLAN7 _.� -. _ YE9 �ND ll yes (ele €lsm8e•il. _ HEADpACHt1PF4RfdDgFDRCCOtdpLETINpE ,51(3NlNQ:1lElB.FDRIA.. 13INSU3tr€ YB. OFTAVTHOiIIY (DP[RBOW88I0NATUREIaull nu i PATIlNT ZtpPCR5c 3NSSItTYg7tlRElauUrotlxaihoreEeesoo taryrsita catoi.pihoilfilormadar daopssi£ry yaYMOM-D 1Madicidbm0tstoIhaunda r4edphyslclanorsupilei(at to prctasa ]his thim: IWsoroq uostpaytnatitof 000twontbaiwfhsaiihe 1. nvse t}or10 the psdyvrhusocoplsagq%;e. l M aefvtctsdascrfliejb0ow, below. SIOt n... SIGNATURE OIL FILE DATE- i0 2 /06 Si3NED SIGNATURE ON PILE µ_ V � .sameass ..:.::_ wai.ni�vxu�.rsnw:i�ni+4 E9trp T O . RRk #�Y: ILLNE9lS (Fhst symplom) On X. 1F PATIENT, HAS HAD g�k�E pq S�I�II Ap ILLNESS, tB p1YE8pp��I N N SCC tY(3AK tN t�1 Mh3 t }� YY INJUfiY S9I onl)OR GiverjfwDATE : MI a Op � 11. f(p(� jp � �� ust�T pC�G{rPA7i?V t'7 i 2 a rJ PAE{1ffANCY(Lk1P) ».f..._ i MOM i ) TO _ p p p CUM 13. 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Yes nk6 S 65'00 3 }.SIONAlumoF'PHYSlu"oRSUppolit 3%SEAVICEFACNiTY.LOCAT €ON INFQAIf.ATION S3,tlIIUNGPROVEPEftINFO &Pt}y IN LUDINO DE43REES 011 CREDI NTIALS 716 604508 ( cowry that lhostafomanlsonthore OM MASSAGE THERAPY OF WNY MICHELLE MY K. UT apply tothfsb and a ;o flift6) ,rlisi3toreol.) 3435 HARLEM Ro 3435 HARLEM RD MICHELLE 1#YKA LMT CHEEKTO 142 25 CHEETCTOVIAGA N% 192252023 SIGNED 01 /37IDE a " 57$6435B9 62119546936 ,b: N ` FG Instruc0 ilia Z ttvallable al: Avtvtv:AUGG.Orq . � APPROVED Dht13.0938 0999 f CMS-1500 (08105) FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS November 29, 2Q 11 0001__ #2 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL, DATE: November 17, 2011 PROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT:: Change Order #1 (: Ferry Street Lift Bridge [: Emergency Repair Consultant Contract Contract No. 93000576 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx /xx item No. 20, C.C.P. 02/02/10 The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000576 as follows: Original Contract: $ 85,000.00 Chance Order #1: $ 8,885.00 New Contract Amount. $ 93,885.00 The additional funding is necessary for design and inspection as the New York State Department of Transportation has issued additional structural flags to this bridge. Funding for the additional work is available in Account 32310106- 445100. PJM:SJS:DA&DJP CC: Bill Heinold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: by Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets be received and filed and"that the Commissioner be authorized to issue Change Order #1 to Contract Number 90000576 in the amount of $9,885.00 for the FerryStreet Lift Bridge Emergency Repair Project. -14- *AYE*NO* 06-0x_ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL b X TO: THE COMMON COUNCIL DATE: Nov. 16, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Enter into Agreements [: with FHWA and NYSDOT [: for the Construction and Inspection Phases of [; Elmwood Avenue Highway Rehabilitation [ Forest Ave. to NY RTE 198, Scajaquada Expw. Supplemental Agreement No. 3 — PIN 5755.46 City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated funds for the construction and construction inspection of the Elmwood Avenue Highway Rehabilitation between Forest Avenue to NY Rte. 198, Scajaquada. Expressway Project in the: City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5755.46. This funding is required for the City to implement the subject project's Construction and Construction Inspection phase. It is necessary for Your Honorable Body to authorize the Mayor arid /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the inspection and construction of this project. Cc: Steven J. Stepniak, Commissioner, DPWPS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (Elmwood Ave. Rehabilitation- enteragreements- I 11611.doc) t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets be received and filed and that the Commissioner be authorized to enter into Agreements with NYS Department of Transportation and the FHWA for the construction and inspection of the Elmwood Avenue Rehab Project identified as PIN #t5755.46. \ ^ ` ^AYE®7U^ . .FONTANA ® & . .GOLOMBFK ® � . .. . KEAR , ■ A . . LOCURTO ■ # - . PRMGEff ■~ � �� . . , . . v ...:..:.:.:.... .:.:. . . �.. .. . . . ..: .. .. .:.... >..... :......:.. . . . .. . . &....& .... . : . .. .. . ■ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 15, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Replacement of Streetlights Citywide [: Group #745 PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that 1. have advertised and received bids on November 2, 2011 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $317,207.00 ** $333,067.35 1250 Broadway St. Buffalo, NY 14212 CATCO $415,275.00 $436,038.75 1266 Townline Rd. Alden, NY 14004 Ferguson Electric $799,125.00 $839, 081.25 333 Ellicott St. Buffalo, NY 14203 I hereby certify that the lowest responsible bidder for the above project is South> Buffalo. Electric, Inc. and -I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $333,067.35. (Base Bid of $317,207.00 + [5 %unit price increases] $15,860.35 equals [Total Award] $333,067.35). Funds for this project are available in accounts #34311506-4451K The engineer's estimate for this work is $595,090.00. ** Corrected Base Bid PJM/MH /kem cc: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer i� y . Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets be received and filed and that the Commissioner be authorized to order work for the replacement of streetlights Citywide from South Buffalo Electric, Inc., in the amount of $333,067.35. Funds for the work are available in #34311506-445100 . -16- rl- I 000 1 9- 1 7 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 18, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets r SUBJECT: C: Request Permission [: to Accept Donation of [: Supplies & Materials From [: the Delaware Soccer Clot for J.H. Williams Park PRIOR COUNCIL REFERENCE: (IF ANY)[ Permission is hereby requested from Your Honorable Body to accept donation of supplies and materials to be used for the following improvements at J. H. Williams Park: Athletic Field: 25 yds topsoil, grass seed, fertilizer $3,000 (est.) Shelter House: plumbing supplies $1,032.67 Your consideration toward this request is greatly appreciated. — Department Head Name: Peter Merlo, P.E. Title: City Engineer SIGNATURE OF DEPARTMENT HEAD: cc: Steven J. Stepniak, Commissioner Andrew R. Rabb, Deputy Commissioner, Parks& Rec Mr. Fontana moved; That the above Communication dated November 18, 2011 Commissioner of Public Works, Parks and Streets be received and filed and that the Commissioner be authorized to accept a donation of supplies and materials for J.H. Williams Park as detailed above. -17- W ks' V� AlrJE NO FONTANA GOLOMBEK 7E s LOCURTO PREDGEN RIVERA RUSSELL Smm M 6 3/4- 7 001. 1 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this eertifica €ion of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: { in the Department of Department o f Public Works, Parke & Streets Division of rN to the Position of Chief Pumping Plant Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert ono) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP , Enter Starting Salary) : Starting Salary of: $43,947 LAST JOB TITLE Sr. First Class Stationary Engineer NAME Andrew Moffett LAST DEPARTMENT DPW DATE 1111 ADDRESS 776 Abbott Ind. LAST SALARY $42,402 CITY & ZIP Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003711 TITLE CODE NO 4521 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2010-175 SALARY RANGE OF POSITION $42,011 - $49,760 PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE. SIGNATURE OF APPOINTINC Steven J. StepnialC Commissioner 11/10/11 -� OTHER 9 Tn; #5 COMPTROLLER #7- 13UDGET #B DEPARTMENT #9 #1£3a = MPLOYEE(S) iv #3 (Rev 1 -02) Certificate of A pointment In compliance with provisions of section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or protnotion(s).1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for.the Appointment Effective: ; 1 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Administrative. Assistant Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) SECOND STEP j rater Starting Salary) : Starting Salary of $ 41,348 LAST JOB TITLE Associate Account Clerk NAME Jennifer Jacobs LAST DEPARTMENT DPW DATE 11/11 ADDRESS 102 Middlesex Rd. LAST SALARY $41,346 CITY & ZIP Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13100001 TITLE CODE NO 1300 BUDGET ACCT. OSJ. 411001 PROD. 1D PERSONNEL REQ. NO 201 - SALARY RANGE OF POSITION $39,940- $45,613 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: Steven J. Ste >i�aik TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/14/11 r SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL 3 COP1E5 °� ClF21C fONI�EFOEE APPQIN tMt rT DRT) QI ER GOPIES TU: #5 COMPTRQLLER #6 HUMAN S1wftV(.OESI lVlL BERVlGE #7 BUDGET t8- DEPARTMENT 0- alV16ION #10 MPLaY EfS) i 0 0 Tvve of Aimointment Classification Permanent ❑ Exempt ❑ Contingent Permanent z Competitive ❑ Provisional ❑ Non - Competitive ❑ Temporary ❑ Seasonal , . _ CO MMITTEE t ON CIVIL Eni ffl ovee btforviation. Name J'a ueline Barnett Ss# 9907 Address f 89 Crystal Avenue Title Administrative Assistant Departm Pablic' ?orks. Parks eta ` . 1V151QII Q i'l3IlL4 Start Date i Li Original PR No. 2009-101 Title Code No. 1380 `' 5 ,0 Salary $42.758 (Step 3) Budget Function No. .14050001-411001 Reason, for appointment (check one) ® Status Change E] Reinstatement ❑ Replace!ment ❑ Extension Type of Status Change (check one) ❑ From `temporary to Provisional ❑ From Temporary to Permanent 0 From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ fluter Tvve of Aimointment Classification Permanent ❑ Exempt ❑ Contingent Permanent z Competitive ❑ Provisional ❑ Non - Competitive ❑ Temporary ❑ Seasonal , . _ CO MMITTEE t ON CIVIL Eni ffl ovee btforviation. Name J'a ueline Barnett Ss# 9907 Address f 89 Crystal Avenue DC13 low Ci Buffajo State jNewYork ZK Code 14220 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance farm, City Clerk and Budget f X - O<jSointing Authority" Date Signature o Director of Budge Date Si ature ofAdm.. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance farm, City Clerk and Budget f X #3 Rev 1 -02 2 Certificate. of Appoin In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification o€ appointments) or promotion(s). I further certify that the person(s) nanted in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: /�s II in the Department of PUbhG Works, Parks & Streets Division of Streets to the Position of M otor Equipment Mechanic Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (insert one) FOURTH STEP (Enter Starting Salary) : Starting Salary of. $36,509 LAST JOB TITLE Track Driver NAME Mieha si LAST DEPARTMENT DPI! DATE 10/11 ADDRESS 86 Schreiner LAST SALARY $37,447 CITY & Eden, NY 14067 LAST 4 DI GITS OF SSN. XXX -XX -4031 LAST ,JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6150 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2010 ®192 SALARY RANGE OF POSITION $23,721 $39,535 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: In accordance with provisions of the collective bargaining agreement, Mr. Alessi is being appointed to the step which is at least $250 greater than his current salary. NAME OF APPOINTING AUTHORITY: _Steven J. Ste pnia lk TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/31/11 SIGNATURE OF APPOINTING AUTHORITY: I ORIGINAL + 3 COPIES TO. CITY CLER >> ON19 FF:QRE APPOINTMENT DATE? OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION 410- EM LOygm _1 FROM THE COMMISSIONER OF POLICE November 29, 2011 02" SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW 10 -DEA- 537603 I I -DEA- 546371 10 -DEA- 538139 11- DEA - 544691 11- DEA - 544703 11- DEA - 544709 11 -DEA- 547337 07 -DEA - 479120 07- DEA - 479130 09- FBI - 002662 11 -DEA- 541689 09- FBI - 002653 11- DEA - 544065 11- DEA- 547667 11- DEA - 545513 11 -DEA-541095 1..1_- DEA - 549784 11- DEA - 550203 11 -DEA- 544706 NOVEMBER-17.,..2011 POLICE Drug Asset Forfeiture Wire Transfers :Item No. 104, C.C.P. 2/2188 C2 -10 -0164 C2-11 -0076 C2 -11 -0004 C2 -11 -0096 C2 -10 -0002 C2 -10 -0002 C2 -11 -0121 C2 -06 -0137 C2 -06 -0137 245D -BF -39564 C2 -11 -0055 245D -BF -3956 C2 -10 -0002 C2 -11 -0122 C2 -10 -0119 C2 -11 -0049 C2 -11- 0.13.1.. C2 -11 -0137 C2 -10 -0002 11- DEA - 544706 C2 -10 -0002 TOTAL 3,431.58 987.97 1,691.49 2,216.12 945.57 1,119.68 1,432.17 3,316.19 27,045.88 1 852.40 957.18 1 1,222,16 236.53 3,576.18 6,140.06 2,073.11 _ 1,568.58 1,730.37 2,703.66 11,161.22 (15% SAFF) $74,408.10 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited. into SAFF account 10465 for fulfilling year 6 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Corra unications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. DJR/j ws REFERRED TO THE COMMITTEE TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDSQN FINANCE., TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD CHIEF OF-INVESTIGATIVE SERVICES E , ss: AFFIDAVIT pursuant to Civil Practice Law and Rul 1311.(11)(c) COUNTY OF ERIE ) I, CHIEF DENNIS RICHARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 8130, 10111, 10117, 10118, 1118, & 1 the (Date) BUFFALO POLICE DEPARTMENT (Agency) received WIRE TRANSFERS having an estimated present value of $ 74,408.10 (check, vehicle, personal property, etc.) (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. j 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 1 1961 et seq.) of the United States, DATE: 1 111 7/201 1 Signature CHIEF OF INVESTIGATIVE S ERVICES "title On the I day of C�,� in the year aC�, ( I , before me personally carne (Day) (Month) (Year) 1 t to me known, who, being by me duly sworn, depose and say (Name) that she s employed by the Q F L..0 P < � (- and that he (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that 9(60 signed he 1h' ame thereto. � Notary Public f;EN A. OAKEN HaWy P011% W9 of Nt Mail to: 0jaMW in mss NY$ Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 'Tower Place Albany, NY 12203 COPYRIGHT a 1995 NEW YORK STATE € IVISION OF CRIMINAL JUSTICE SERVICES (July 2605) F a i..a 31/17/2011 .13.55 CITY OF BUFFALO PG 3 .J stanchak PAYMENTS PROOF SUMMARY areshrct CLERK: .j stazachak BATCH :16361 BATCH ENTRY DATE. 11/17/2011 ----- --- . ----- ------ ----- --- -- -- ---- ---------___..-------------__------------_--__:..___-------- --__------------- -_-- -- -------- - -_- -- PAYMEN`T' PAYMENT METROD QTY AMOUNT ---------------------------'------ 4 -BANK XPER 1 74 408.10 TOTALS: 74,408.10 * END OF REPORT* 11/17/2011 13:55 CITY OF BUFFALO jstanchak PAYMENTS PROOF PG 1 areshrct CLERK: jstanchak BATCH: 16361 BATCH ENTRY DATE: 11/17/2011 RECEIPT YEAR BILL LINE CHARGE DESCRIPTION TYPE CATEGORY PRIM PAID CUS`I' # NAME PRIN ADJ PROPERTY CODE REF'ERENC'E TOTAL PAYMENT ------------------------------------- INT PAID INT HELD DISC AMT 1679523 2012 MS- MISC CASTS RECEIPTS CUS'T'OMER -------------------------- PROPERTY LOC: 74,408.10 1 20DUNC 20 20010000 DEA MSC 74,408.10 389001 CASH .ACCOUNT: 20000040 101044 20010000 389001 3,431.58 987.97 DESC: DESC: DRUG DRUG ASSET ASSET FORF FORF REFI: 10DEA37603 REF2 C2-10-0164 2001000 0 399001 1,691.49 DESC: IDRUG ASSET' FORF REFI: IIDEAA46371 REF2: C2 -11 -0076 20010000 389001 2,216.12 DESC: DRUG ASSET FORF REFI: IODEA36139 REF2: C2 -11 -0004 20010000 389001 945.57 DESC: DRUG ASSET FORF REFI: 11DEA44691 REF2: C2 -11 -0096 20410040 399001 1,119.69 DESC: DRUG ASSET FORF REFI; 11DEA44703 REF2: C2 -10 -0002 20010000 389001 1,432.17 DESC: DRUG ASSET FORF REFI: 11DEA44709 REF2: C2 -10 -0002 20010000 389001 3,316.19 DESC: DRUG ASSET FORF REFI: 11DEA47337 REF2. C2 -11 -0121 20010000 389003. 27,045.88 DESC: DRUG ASSET POPP REFI: 07DEA79120 REF2: C2 -06 -0137 20010000 389001 852.40 DESC: DRUG ASSET FORF REP1: 07DEA79130 REF2: C2 -06 -0137 20010000 389001 957.18 DESC: DRUG ASSET FORF REFI: 09FB102662 REF2: BF -39564 20010000 389001 1,222.16 DESC: DRUG ASSET FORF REFI: 11DEA41689 REF2: C2- 11-0055 20010000 389001 236.53 DESC: DRUG ASSET FORF REFI: 09FBIO2653 REF2: BF -39564 20010000 389001 3,576..18 DESC: DRUG ASSET FORT REFI: IIDEA44065 REF2: C2-10 -0002 20010000 369001 6,140.46 DESC: DRUG ASSET FORF, REFI: IIDEA47667 REF2: C2 -11 -01,22 20010000 369001 2,073.11 DESC: DRUG ASSET FORF REFI: IIDEA45513 REF2: C2-10 --0119 20010400 369001 1,568.58 DESC: DRUG ASSET FORF REF'l: 11DRA41095 REF2: C2 -11 -0049 20010000 389001 1,730.37 DESC: DRUG ASSET FORF REFI: 11DEA49784 REF2: C2 -11 -0331 20010000 389001 2,703.66 DESC: DRUG ASSET FORF REFI: 11DE.A56203 REF2: C2 -11 -0137 20010000 389001 10465 11,161.22 DESC: 15% SAFF YR6 REFI: 11DEA4.4706 REF2: C2 -10 -0002 1 BANK XFER 1 74,408.10 CHECK /REF #: REFI: 11DEA44706 REF2: C2 -10 -0002 ADD'L REF #: TOTAL RECEIPTS I 'T'OTAL PAYMENTS 74,408.10 TOTAL PRINCIPAL PAID TOTAL PRINCIPAL ADJUSTED . 00 00 TOTAL INTEREST PAID TOTAL INTEREST HELD .00 TOTAL DISCOUNT AMOUNT .00 .00 1- Title DePartment/0ivision Original PR No. Title Code No. Salary . Budget Rmetion No. Reason for appointment (check one) Type ofStatm Change (check one) Ponce l'euten nt Polfce ' 20173 2240 041€11001 Status 6hange ® Reinstatement El lteplaceme'nt ® Extension EI - From Temporary to Provisiohal ® From Temporary to Permanent From P to permanent wom Contingent Permanent to Permanent D tither (From Permanent to Temporary) Send original copy signed by Dept. Mead to Budget Send or e-mail Civil Service a COPY When approved copy is returned, send a copy to Audit along with Me maintenance form, City Cleric and Budgct *Applicant appointed on or after this date 1 POSMON A1LL6 MAINTENANCE ACE FORM Title Department/Division Original PR inn. Title Code No. Salary Budget Fuiaction Igo. Reason for appointment (check one) Type of Status Change (check one) Police Lieutenant P€rlice 2010 -73 L240 �� 12 12Q05001- 41100.1 ® Status Change M Reinstatement ®Replacement ® Extension From Temporary to Provisional ® From Temporary to Permanent From Provisional to Permanent ® From Contingent Permanent to Perm anent ® Other (From Permanent to Temporary) 'IyMofAtnnoiRt ent Class cation [:1 Permanent ® Fixempt ® Contingent Permanent ® Competitive ® Provisional ®lion- Competitive El Temporary ® Seasonal Comments: Employee Inforwation: Name Peter L. Kocol SS# Address 92 Bartlett Road DUB C4Y East Aurora State NY Zip Code 14052 S ofAppa itatin Authori Date If C Signature of Director of Bud et Date Si afore of Adm. Director of Civil Service *A roval Date Send original copy signed by Dept. Head to Budget Send or a -maH -Civil Service a copy When approved copy is returned, send a copy to Audit along wit file maintenance form, City Clerk and Budget *Applicant appointed on or after this date #3 (Rcv l -02) 00019- 1 Q_ Certificate of Appointment In compliance ivith proViSians of Section 24 -2 of the Charter and Chapter 35 -1 of the Qrdinanees of the City of Buffalo, I transmit this certification of nppoinlnsent(s) or promotion(s). I further eer ify that the person(s) named in Schedule 'A' have been eertificd of approved t>y the human ResourceslCivil Seniee for the Appointment Effective: November 16, 2011 in Ihr Department of POLICE Division of Patrol to the Position of Chief (Insert One) : PROVISIONAL (Insert One): PROMOTION (Insert One) : at the: FLAT (Enter Starting Salary) : Starting Salary of.. $93,715 Schedule. "A" LAST JOB TITLE Police Lieutenant NAME Kimberly L. Beaty LAST DEPARTMENT Police DATE 11/11/10 ADDRESS 161 Diane Drive LAST SALARY $73,312 CITY & ZIP Cheektowaga, NY 14226 LAST 4 DIGITS OF SSN. XXX -XX -4345 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY &.ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN: XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001411001 TITLE CODE NO 2281 BUDGET ACCT. OBJ. 12005001411001 PROJ..ID PERSONNEL REQ. NO 201170 SALARY RANGE OF POSITION $93,715 PER YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 11/18/11 SIGNATURE OF APPOINTING AUTHORITY: O RIGINAL + 3 COPI 1 LERK (ONIBEFORF APPOINTMENT D TE OTHER COPIES TO: #5 CQMP7RQLt ER #8• HUMAN SERVICESIC3VIt SERVICE #7- BUDGET #8- P-EPARTMENT #9 DIVISION it IG- FMPLQfM.$j FROM THE COMMISSIONER OF FIRE November 29, 201 I 000,2 #1 (Rev. 712003) Single Page Communication to the Common Council To: The Common Council: Date: November 21, 2011 From: Department: Fire Division: Administration Subject: [: Increase contract for Motorola Radio Project G Prior Council Reference: Ex. (item No. 12 C.C.P. 11130110) The Federal Communications Commission ( "FCC ") is requiring a radio frequency reconfiguration, more precisely, a "narrow handing" that will impact certain radio bandwidths and radio equipment currently used by nearly every City of Buffalo department/agency. The Department of Fire previously received approval to enter into an agreement with Motorola and fund the project up to $2,741,202.50. We have found it necessary to make changes to some of the equipment and services in order to ensure the project is compatible with the police camera project. We are requesting approval to increase the contract to $2,990,940. Funds for this increase are available through the UASI FY09, year 7 grant account number 24740437 47'410010455. rnell W. Whi [eld, Jr. Commissioner of Fire GWWIck r 1 Mr. Fontana moved: That the above communication from the Commissioner of Fire be received and filed and that the Commissioner be authorized to issue Change Order #1 to increase the total contract amount of $2,996,958.00, for the Motorola Radio Project. -25- *AYE* O * I �4 S 0002(1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 11/21111 FROM: DEPARTMENT: 21 -0 F ire SUBJECT: F MA Award EMW -2010 FOA0102 Assistance to Firefighters Grant Program (AFG) The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grants Program. 1' We applied for this grant to purchase a driver simulation system that will increase firefighter safety. We specifically addressed our need to reduce the number of accidents in the department and better train members in driver safety. This grant will further assist us in reaching our goal. The total award from FEMA is $403,000. As part of the F MA AFG Program, we are required to provide a 20% match to secure these funds. The match portion of the award is $80,600. These funds are available in our 12142007 474100 capital outlay account, r aroeii W. �hitfietd, Jr. Commissio'oer of Fire ck �, r i Mr. Fontana moved. That the above communication from the Commissioner of Fire be received and filed and that the Commissioner be authorized to accept a grant award in the amount of $403,000.00 from FEMA EMW -2010 F®- 10102, *A *NO FONTANA GOLOMBEK REARNS LOCURTO PPJDGEN RPOMA RUSSEU smffH 6 - 14 - 7 0 0 0 2- N�4 N� ANGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 11 -21 -2011 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:C152309 FY Technical Rescue /USAR [:Grant PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxtxx/xx We are requesting approval to accept and expend NYS Office of Homeland Security #WM10152309 Technical Rescue /Urban Search and Rescue Grant totaling $149,693.00 in accordance with the grant guidelines. Included in the budget for this grant are funds to purchase one (1) technical rescue support vehicle, These funds will be used to continue to build an Urban Search and Rescue (USAR) team for the western region of New York State using the City of Buffalo Rescue Technicians and the Erie County Specialized Medical Assistance Response Team(SMART). With this grant we will increase our ability to respond to collapses and high angle rescues as well as standardize our equipment. n DEPARTMENT MEAD TITLE: Garnell W. W fl Jr Commissioner of Fire eak f 4 Mr. Fontana moved: That the above communication from the Commissioner of Fire be received and filed and that the Commissioner be authorized to accept a grant award in the amount of $149,593.00 from NYS Homeland Security, M FROM THE BOARD OF EDUCATION November 29, 2011 Buffalo Board of Education Division of Plant Services & School Planning 65 Niagara Square, Room 405 City Hall Buffalo, New York 14202 Joseph P. Giusiana, P.E. Chief operations Officer X UBJECT , Easement S C- 1 0 0 " TO: John Hannon, C.O.B. Department of Real Estate [10/18/20111 FROM: William Moss, Assistant Engineer Please review the following easement, for School 64, located at 874 Amherst Street. Our department agrees with and approves this easement for electrical upgrades. We request that your department process this easement for approval. Please see the following attachments: Grant of Easement Utility Easement Rider Site Map — Exhibit A Easement Description Survey Map Deed Thank you, GRANT OF EASEMENT -, CITY OF BUFFALO of 65 Niagara Square, Room 901, Buffalo, New York 14202 (hereinafter referred to as "Grantor "), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MORAVM POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee" ), for Grantee and its lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section I below (the "Easemcnt ") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land "). Section 1. m Ilescri tion of the Easement. The "basement" granted by the Grantor to the Grantee consists of a perpetual easement and right-of-way, with the right, privilege, and authority to; a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric facilities including a line or lines of wires or cables (either direct - buried or installed in underground conduits), hndholes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground wires, any poles or lines of poles, supporting structures, cables, crossarms, overhead and underground wires, guys, guy stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities "), which the Grantee shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area"), and the highways abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor's land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 — Description of Grantor's Land The "Grantor's Land" is described in a certain Deed recorded in the ERIE County Clerk's Office on March 14, 1916in L.iber 1344 of Deeds at Page 124 and consists of land described as being part of Tax Parcel No. 89.22 -2 -1of the City of Buffalo, County of Erie, State of New York and part.of Lot No. 83, Township I I and Range 8 of the Holland Land Company's Survey, commonly known as 874 AMB[ERST STREET. Section 3 — Location of the Easement Area. The general locations of the "Easement Area" is shown on the sketch entitled "EXHIBIT A " which sketch is attached hereto as Exhibit A and recorded herewith, copies of which are in the possession of the Grantor and the Grantees. The final and definitive locations) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in substantial compliance with Exhibit A hereto. Section 4 d- Facilities Ownership It is agreed that the Facilities shall remain the property of the Grantee, its successors and assigns. Section 5 — General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with 11-07-05 UG -OH Electric Distribution easement.doc) the Facilities; the Easement shall not be modified nor the Easement. Area relocated by the Grantor without the Grantee's prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantee shall quietly enjoy the Grantor's Land; and the Grantor will. forever warrant title to the Grantor's Land. The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the satire shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS WHEREOF, GRANTORS have hereunto set their band(s) and seal(s) this day of THE CITY OF BUFFALO Title: State of New York County of ss: On the day of in the year 20 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ataxy Public . ........... . . A PROVE S I (1`4 �� Corporation Counsel By e i e 2 UTILITY EASEMENT RIDER The provisions in this Rider are an integral part of the easement instrument ( "Easement") to which it is attached, and supersede any conflicting prevision in the Easement if such conflict exists. "Owner" means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easement rights and any person attempting to exercise such rights. 9. This is a non-exclusive easement. 2. All construction, installation, operation, maintenance, repairs, replacement or removal by Grantee shall be at no cost to the Owner. 3. All improvements, fixtures and equipment in the easement area shall be installed below the ground surface and shall not be visible from the surface unless specifically indicated to the contrary herein or shown on an attached drawing. 4. If the surface of the easement area o of Owner's property or if any improvements hereon are disturbed by Grantee's activities at any time, the surface and improvements shall be restored by Grantee and to good condition. 5. Owner and its successor or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of the Grantee; including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. 6. Grantor hereby reserves the right to relocate from time to time all or any portion(s) of the Easement Area, provided the relocated Easement. Area is reasonably adequate for Grantee's purposes as aforesaid, and provided that, if such relocation of all or a portion of the Easement Area necessitates, in Grantee's sole discretion, the relocation of any facilities of Grantee located within the Easement Area, that Grantee relocates such facilities at Grantor's cost and expense. In such event, Grantor and Grantee shall execute,.deliver and record an instrument in recordable form evidencing such relocation of the Easement Area. 'EXHIBIT "A" 7F 9 — Y 'OF136FFALO =msm uu l irwry 1 1 r!l . ......... ..... . .... .. ..... . ... . .. .... ... .. z 0 EXISTING w CL 1 0-3 O/• ELEC X 0 rr 0 CL n --E ------- E — -------- AVE— 1 1GREAT ARROW AVE LANDS OF C 'Ty OF BUFFALO SCHOOL64 U) C) 0 uj SBL# 89 -22-2-1 a- —J 0 EASEMENT AREA MAN AMHERSTST ELMHURST PL ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 83, Township 11, Range 6 of the Holland Land Company's survey.described as follows:. Beginning at a point on the southerly lire of great Arrow Avenue (66' wide) distant 223.0' easterly from the easterly line of Lincoln Parkway, (formerly Lake Lane) as measured along said south line of Great Arrow Avenue; thence southerly at right angles a distance of 200.0' to a point, said point being distant 9.5' easterly from the easterly face of are existing brick building, thence easterly at right angles a distance of 20.0 feet to a point, thence northerly at right angles and parallel to the first course described herein a distance of 200.0 feet to the southerly line of Great Arrow Avenue; thence westerly along the southerly line of Great Arrow Avenue a distance of 20.0 feet to the point or place of beginning. 3517 BPS 64 Easement N w E t � s z OHW 0HW OM1Y OHW GREAT ARROW (66' wIOE) AVENIE 223.0' TO THE EAST LINE OF LINCOLN PARKWAY 7' (FORMERLY LAKE LANE) 20.0' SOUTHERLY LINE OF GREAT ARROW AVE. Sl3' 20' WIDE EASEMENT FOR ELECTRIC TRANSFORMER 4 O 4 O 4 9.5 3 STORY BRICK BUILDING #874 20.0` BUFFALO PUBLIC SCHOOL 64 LOT 83, TWP 11, RGE 8 CITY OF BUFFALO CO OF RI ATE OF NEW YORK f pt—: (716)083A2s9 RANDINA.ENGINEERING and LAND SURVEYING. PC CML ENGINEERS and LAND SURVEYORS wARNUVC: ALTERING mss OQCUMENT Is IN 4IOLAAON OF THE I-AW EXCEPnNO AS 6u" z,Nwro�kidzOZ vuc:pic7s -�rra PROWDEO IN SECTION 7209, PART 2 OF REV. 11/16/2011: CFWME EASEMENT ME DATE : 9/20/2011 SHEEP : F QF 1 M By! Y, CHIM TNT NEW YORK STATE.EPUCATION fAw. CARD \ 3517 \ ars_ea ELMEW.6W6 RUCUTO$'S DEED- -Chap. 475, Lawir of Now York, ISM { 1344} I- K/ t Zbis Indenture, made the 1 f� day of "IhIaLk in the year me thousand nine hundred and 01 L Ov�+i� \i �, 1�, a v n 41 + -m• t o last will and teotrunent Uf - �il�� of the second part: Witmuth, That the said partA of the first part, by virtue of the power and authority to in and by the said last will and tea meat, and inconsideration of money of the United States, paid by the said psA" the second part, doth hereby grant and release unto said part L Q of the second part, 1hr. an d wig vrever G f OL� 41�1.1 ���- 'a- (1344)- C together with the appurtenances, and also all the cstata which the said teatutor' had at the time of h decease in said premises, and also the estate therein, which the said part of the fi €st part b€O ar hal'p to dispose of, whether individually, or by virtur, of said will or otherwise. 'Co 15aw and #'o Dold the above granted premises unto the said 'part, of the second partkt� ,4 and assigua forever. And the said part, -of the first part eovenant4 with the said partt,� of the second part, that the partly the first part haff liot done or suffered anything whareby the said premises have been ineumbered in any way wbatever. in Witness Wfxrtof, The said part of the first part bakhereunto set Whundzaud seakhe day and year first above written. (� ..... - -w,- .. IN Tim PAMBNOB OR O�Mn�I�C -i.� `a AAIV STAT OF N EW YORK, � ���` r �1 t GS✓ r� r�,w.fse �T r61nA� r�- ". ��a O t GouxTX OF.......... _ ........................... sa, r ........ © F..... ..C.l y G.r- Y- 2.5!............ t 0. thq;q 1 € { t clay of 1 W u in the year ono thousand uiva hundred and ore me, the aubseriber, personally appeared cl.� M 16 uivv.�s t , `d/L�9 r�� 0�•�w , — Q 4 t.w w Jf Y• to a nvtn he same personMescribed in and who executed a €as ument, and i� ackn9wladg that tslie+�exeeuted the same. Aj �4 � Mr. Fontana moved; That the above Communication dated from the Buffalo Board of Education be received and filed and that the Mayor be authorized to enter into the above Utility Easement Agreement for the property commonly known as 874 Amherst Street, upon the same material terms and conditions contained therein and upon any additional terms prescribed by the Acting Corporation Counsel. -28- } ' - © AYIE © NO* . .. ' lff"A ®, ■ . . < . . cm - ' . a ( ' ■ \ -- KKAR a ' ' £O TO ® e ® { , . - PR IUD G EN } . R IVE R& © , ■ , . . ( e /............. . . .. .... ..::.::.....:..2 . .:� ^. ^ ~ ~.�... §........ . FROM THE CITY CLERK November 29, 20 11 D, 000 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 55 Hubbard St 55 Hubard St Patrina Kidder 1511 Braadway Aftermath Lounge Aftermath Lounge LLC 114 W. Chippewa St The Chocolat Bar Chocolate Bar Buffalo Corp 95 Perry St Lagerhaus.95 95 Perry Rest LLC. RECEIVED AND FILED November 29, 2011 .� STATEOFNEWYORK a- a Ex l?cUTf VE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Snurdardi -ed NOTICE EO ,tor Providing a 30 -Day Advance Notice a LOCA1 Iun €cl alit ' or Community B0 jr ill cannectfatt x11h rhe.urbn €isrian rn lire Stale LignarAuthadhi ofn check on New .A.ppheatiod6 Reneyival Application Alteration Anplica�oxt❑ �nr»or�te �h��l�e_© for an On °)Preni €ses Alcoholic Reveraee L €cease 1, Date the original copy of this Notice was mailed to the Local Municipality or Community Hoard: 2 o 4 x` Tt"11530 f)F'aY �CSLFAllG N[ 3�' I1S :13l�lls'S�F({��'II�FI}"iO'FfTL GGTSRIC 41="i'T - lE 1Ft�LLf}4V1�IG LC](zAfi iVIUNIEI�'�I`t'7� Ct3IN�fS1lI1'I'Y HOAR3� ._ 2 Name of the Local Municipality or CommunityBosrtl: City of Buffalo, County of Erie, New York Rc3R A : P? ft6[ ICI 5 ttlPt7EdD1X > TO 1 iA� FR W Ci13AHD1[11f�,�bt Q�1�RQitt3��Tf A&�`�It1��blPt {Hl 3, lype(s] of alcohol sold or to be sold under the license � Beer Only � Wine and $eer Only 7d ;( 1 Liquor, Wine, and Beer 4. Extent of food service: 11 Restaurant (Sale of food primarily; Full food menu; � Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily - "X 00 Kitchen run by chef) meets legal ininirnum food availability requirements) S. 'type of i 1 Hotel Live E] Disk Juke ® Patron Dancing ®Cabaret, Night Club, Discotheque Capacity for 600 establishment: 1 __I Music Jockey Box (Srnall Scalel (Large Seale Dance Club} or more patrons (-X all Club (e.g. Golf/ F1 Bed &s FI Catering Karaake Stage 11 Topless F -1 Recreational Facility Bar Shows Entertainment (Sports Facility /Vessel) that apply] Fraternal Org.) Breakfast Facility J_._J 6' Licensed Patio Freestanding Garden / Sidewalk Other None Rooftop 11 11 Cafe outdoor area: or Deck Covered Structure Grounds (Specify): 7. Wilt the license holder or a manager be physically present within the establishment during all hours of operation? { 7t° ne : :� YES NO El S. p._ pvea � 4y ,LS Yx Tsw rw License serial number: Not Yet T ssudd 9. Expiration Date: 10 The applicant's or license holder's full name, as it P a tr i a Kidder appears or will appear on the license: li. The trade name, if any, under which the establishment not yet determi conducts or Will conduct business: 12 The establishment is located within the building 55 Bu ffalo, N which has thefollosvings€icetaddress. .Hubbard. ,St.,. _. .. . 13. City, Town, or Village: Buffal NY Zip Code: 14206 14. The establishment is located an the following floor(s) or the building at the above address: 1st E 9 ©Or Is. Within the building at the above address, the establishment is located within the room(s) numbered as follows: N /A 15. Business telephone number of applicant/ licensee: ] 6 �J , - 6 5 C V 17. Business Fax number of applicant /licensee: ° patrinakidder @y ail .com 18, Business e-mail address ofappheant /licensee: Does the applicant or license holder If "YES', SKIP items No. 20 -23. 11 "NO', ANSWER items No. 20 -23, 19. own the building in which the Complete the 3 entries ® and complete the 3 entries Yes ® NO Yo. 24, establishment is located? (IV Q„ng} at Item No. 24. at Item 04VNER C31 TkIL BtJ1Lf5lFI4.1N SVHICH TH1; LiGLrNSCD ES7 AHLiSF1AtENT 1S Gl7ATED 20, Building owner s full name is: Tin L 21, Building owner's street address: J5 Hubbard SiXe 22. City, Town, or Village: B u ffa l o N Y ' Zip Code: 14206 23. Business telephone number of building owner: 7 1 3 1 6 l arn:tltp s pP1 Faitt 4r hold the ]t erase ay alp prtnclpal of l lta IGgat entity that holds of is alsp(y11ig tar the license R presehtacinns to tins form are:in car;fat ii Sty with "e rePteJertt0t10ns °;t#tade tr� °r3octtttteii s ret €ed t(,pan by fide Autl7onty,whon graritifig the )li ease [ strider Land iltat repreS�ntationa made in t}iis form tuiit also h . rel[ed upon and tlit falfie retrcffentttfp ns rr£ay lesttlt in 0isappraval rif Use applieattoit or reracatsaLi olthe hcense 24. By rby sigtiattit$ 18ltarn under 1 onalty of Perju> g - that the repreaenta B made in Chia tot its axe Printed Name � Patrina B. Kidder .- ____L T Us Applicant M"o, X Revised 10/12/11 } k �w� ® O'Rourke Attorney and Counselor at Law. Suite 200 112 Franklin Street Buffalo, New York 14202 Phone: (716) 849 -0328 Fax: (716)849 0592 November 10, 2011 Certified Mail -- Return Recei t Re uested City Clerk City of Buffalo 1302 City Hall 65 Niagara Square Buffalo, New York 14202 RE: Patrina B. Kidder Notice for Submission to the SLA for On- Premises Alcohol Beverage License Gentlemen: Enclosed please find Notice Form for Providing a 30 -Day Advance Notice to a Local Municipality in connection with the submission to the State Liquor Authority ©f a new application for are On- Premises Alcoholic Beverage License. If you have any questions or require anything further please-do not hesitate to contact me. Very truly yours,, Michael0, O'Rour�ke M4'R:lak Enclosure cc: Patrina B. Kidder Standardized PIOTICE_ F1 ORM for Providing a A WM , = - Llav Advance Notice STATE OF NEW YORK ry o f n � � EXECUTIVE DEPARTMENT in col ureeilo IviII) the suhnrission to the State L 9 uor Awhori CheCk On1e New IVISION OF ALCOHOLIC BEVERAGE CONTROL 1-i licati n � Renewal A �ication STATE LIQUOR AUTHORITY Alteration Application for.an 04- Prgmises Alcnholie Beveraoe Lleense 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board; 2 Q ;' THIS 34; -DfiY AI3V;t11v�>~ N9'1'IC� iS,BEfblCs Plt{3Yli�Et3TC3;`PIIS CLERK OF THE FOI,GQL+JING 1.4�Cr1L 1viUN[ClpAL;tTY 017COMIvSUASIT.Y i�OAli3 2. Name or the Local !municipality or Community Board:. 7— 13. �o>Fz iw�rl'srzeAx. x� �RavinE n�sc 9tn;�ELC1w usll�i� alell�r1 *cllzasi�xxat�- I<crto�rl Ta 1TA'tE 80R A'G1`EE�iTION A7'�;GICANTS A3' S'AaK C:t,?i�F'LEj'E nESC,ftll?'1`IQft AI'I)wk 161AORA9i OF-P1�a1?[;8�1? AI.Z`EItA1`ION {�) The establishment is located on the following flooris) of the building at the above address: 1?AR CV)itltL?lY�' LICFiI1$FES &;�'1` FflR'1`):I- 11PpRA�T�A b�I�+'I'I3C1I) OSt OPR3�i'!'I[31� aT€L�' 15. 16. 17. 18. 19. Within the building at the above address, the establishment's located within the room(sl numbered as follows: A€� ivaT IIRE:THIB 1�1tbi Tl3 CHARflE Yt71TR METndOA tJF O�FrRA'1`IaN 3 Type {s) of a[cnhoi sold or to be sold under (tom �e�nsle ❑Beer Only !vine and Seer Only / [J Liquor, Wine, and Bear L M... Business e-mail address of applicant/ licensee: Does the applicant or license holder if "YES', SKIP items `lo. 20 -23. own the building in which the Complete the 3 entries establishment is located? ( " o e yes � at Item No. 24. No 3f" OWNER OR T.Ht BUf4L31NG 11V WHICH THE LICi N aEI3 ES7ABLTSHNIF. )S LOCA'f E Extent of Restaurant Sale of food p rimarily; full food menu; Tavern Cocktail Lounge Adult Venu Bar Alcohol sales ( p y / 8 I / ) 4. food service: ( - X° one p rimaril y - p Y Ki Kitchen run by cheQ meets legal rainimum food availability requirements) 81 Type of establishment: Live Disk Hotel ❑ Music � Jockey Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 Box 11 Scale) ❑ City, Town, or Village: g t Business telephone number of building owner: 2— (Small (Large Scale Nance Club) or more patrons I - W all that applyl Club (e.g. Golf/ Bed & fraternal Org.) Breakfas t Catering Ifaraoke El Top less f ( [ Recreational Faeitity Facility Bar Restaurant Facility/Vessel) 0 (Sports LLL000 Ent. I(� j3 6. Licensed outdoor Patio None U t2eoftop freestanding. Garden / Sidewalk Other E] ❑ area: or beck Covered Structure Grounds Cafe (Speci ( y): 7. Will the license holder or a manager be physically present within the establishmcnt during all hours of operation? ( "Xa one : YES NO 8. i License serial number: j`t�' 9. 1 Expiration Date: la. The applicant's or license holder's full name, as it appears or will appear on the license: Ale OG»G a 11. The trade name, If any, under which the establishment conducts or will conduct business; The establishment is ]ocated- within.the.building 12 NY I Zip Code: / 'J If 'NO', ANSWER items No. 20 -23, and complete the 3 entries at Item No. 24, Zip Code; 021 Z - ,— = °7 24. oy 11W narsuz a _afcnui _yl ucr rnsa+Ey ar tar wry - u4eu ,µxe !ePxe kk Printed tzame lnll Ac^ � A /1 tl r' , . Ld _ X which has the following street address: 13. City, Town, or Village: 14. The establishment is located on the following flooris) of the building at the above address: 15. 16. 17. 18. 19. Within the building at the above address, the establishment's located within the room(sl numbered as follows: Business telephone number of applicant /licensee: I - Business fax number of applicant/ licensee: L M... Business e-mail address of applicant/ licensee: Does the applicant or license holder if "YES', SKIP items `lo. 20 -23. own the building in which the Complete the 3 entries establishment is located? ( " o e yes � at Item No. 24. No 3f" OWNER OR T.Ht BUf4L31NG 11V WHICH THE LICi N aEI3 ES7ABLTSHNIF. )S LOCA'f E 20. Building owner's full name is: f 21. Building owner's street address: 22. 23. City, Town, or Village: g t Business telephone number of building owner: 2— FITF NY I Zip Code: / 'J If 'NO', ANSWER items No. 20 -23, and complete the 3 entries at Item No. 24, Zip Code; 021 Z - ,— = °7 24. oy 11W narsuz a _afcnui _yl ucr rnsa+Ey ar tar wry - u4eu ,µxe !ePxe kk Printed tzame lnll Ac^ � A /1 tl r' , . Ld _ X Standardized NOTICE FOR for Providing a 30 -)Dav A ce dvan Nntire_ a Local Muafd H or Comm ni and ' in connection frith the suhnrissian to the Stale Ilquordrrthority aja (check one STATE OF NEW YORK EXECUTIVE DEPARTMENT New Anp fi cationKV Renewal ARM lication El DIVISION OF ALCOHOLIC BEVERAGE CONTROL (� STATE LIQUOR AUTHORITY Alteration A�pllcafenn❑ �orgara�e �II�Il�� Laf for an On- Premises Alcoholic Beverage License 1. Date the original copy or this Notice was mailed to the Loral Municipality or Community Board: � 2 0 THi5.30 Dt3Y.ApVItIICE.NGTIalr18 BEING PROV1�EF Tq TEIE CLERI{ OF.THE 1 CtLI OFV[NG L6CAI MUNICI('AL1. OR CQMM 3N €T1l B(7r1RD 2. Name of the local Municipality or Community Board: l ;'; I�UR,N�Vf At'�1L1'CAPI3"9i PRO'tJ�ifl; UU ICaAI ��IA`lW V�lNC4 ALIT THItUIIEiATIt�1F IfHL3Wti TfT bA'fI� �YCIR'AL�CIUN LIPPliIGAt f AI TC�I tXi&IP&i�,' 9Ts8GRi$IIUH ANA L3AfiICltiM,q- 'I'I�SC3F'EEI7 FYLPRIilIDT1 (8) FUR CT1RItI.1TT LIGE1tB$19 . 81 FURTEI 4PPItvyI3I}SLrHt3IT AF OPERt4 CIQPI QIVLF HUT. a 1III YLIIIR i}ILiHUB ()$ t7PBI 1IE $I 3 Type {s) of alcohol sold or to be sold under thelilicense Beer Only Wine and Bear Only iquor, Wine, and Beer Extent of 4. toad service: 9j Restaurant {Saie or food primarily; Full food menu; 11 Tavern/ Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily – Kitchen run by Chelj meets legal minimum food availability requirements) {. 7 l (I T of Live Disk Juke Patron Dancing abaret, Night Club, Discothe ue Capacity for 600 5 ' establishment: Hotel Music Jockey Box (Small Scale) g U {Large Scale Dance Club) q or more patrons (M all Club (e.g. Golf / Bed N Catering Karaoke Stage Topless Recreational Facility that apply) ® Fraternal Org.( Breakfast Facility Bar Shows Entertainment (Sports Facility /Vessel) b Licenscd None Rooftop atio Freestanding Garden / Sidewalk Other outdoor area: p or Deck Covered Structure 11 Grounds Cafe ❑ (Specifyi: 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? (`3L° one : tttA YES NO 81 License serial number: / 9. Expiration Date: ® 7 10 The applicant's or license holder's full name, as it /} appears or will appear on the license: ( p — 1t: — ( 11. The trade name, if any, under which the establisbment ® � conducts or will conduct business: The establishment -is located withimthe- building _ ... l2. which has the following street address: !� 13. City, Town, or Village: NY Zip Code: 14. The establishment is located on the following floor {s) of the building at the above address: 15. Within the building at the above address, the establishment is located w €thin the room(s) numbered as follows: 16. Business telephone number of applicant / licensee: 17. Business fax number of applicant /licensee: 18. Business e-mail address of applicant / licensee; Does the applicant or license holder If 'YES, SKIP items No. 20 -23. If 'NO', ANSWER items No. 20 -23, 19, own the building in which the ® Complete the 3 entries and complete the 3 entries establishment is located? { °It one Yes at Item No. 24. No at Item No. 24. : OWN El 01L , mEiJ LA13fOIN:W}![CF[,Ci€ELiC> NS} 13 �STABLI$11h�EIVT15'IACRtED 20. Building owner's full name is:' 21. Building owner's street address: '? ip D 22. City, Town, or Village: Zip Code: 20 23. Business telephone number of building owner: e P I aril the opplicant 4 held tttG lrre€tse or stn a principal of the legal entity that holds or r,9 applying for the license, Representations rn this form are iu confornilty wsth rcpt sentaUnr(s tUadc -ins1 tin) d documedCS rolced upon by the Ailth6ritywhen gragafing "thc license I understand :that representations ru3Sle lit this farm vritl akso be relied upon, and tlia# false rlepresepraYions may result itF dlssppmval n€'th� app?icat or retocatinst;nf the 7iecr se. 24. 13y my sigtature [affirm'= uridor:Y!enal€g of .Poz�uey -that the rpresentatlons rn a in, this form are trdo. Grp �S, i Revised 10/12/11 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Community Board /Municioality: 95 Perry Restaurant LLC Lagerhaus 95 95 Perry St Buffalo, NY 14203 City of Buffalo Office of City Clerk 1305 City Dell Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: An on- premises liquor license application was filed on 8/1112010_with the State Liquor Authority for the following premises: Applicant's Serial ERIE OP 3151086 Number and Name: 95 Perry Restaurant LLC Address: 95 Perry St Buffalo, NY 14203 I estimony will be taken from: the applicant andlor an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500` radius. Cumulative testimony will not be permitted. fa .. f 1 _. 6 ■ i0 DATE: November 18 2011 BY: cam, . id L Ed ands, Deputy C missi ner FORM: L.D.3 (5/11) Asa 01 No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. November 29, 2011 �i #4 (Rev 7 -07) , -,A ~ s Certi In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" hive been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1 1/21/2011 in the Department of Division of to the Position of Common Council City Clem Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIF49D Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10,00 LAST JOB TITLE Intern V NAME Victoria Chwalinski LAST DEPARTMENT City Clerk DATE ADDRESS 15 Duluth Avenue LAST SALARY 5.00 CITY & ZIP buffalo 1421 LAST 4 DIGITS OF SSN, XXX -XX -2066 LAST JOB TITLE . _,. NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL RECD. NO 5199 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Nqvember 21, 2011 SIGNATURE OF APPOINTING AUTHORITY.- /1 t 4� 1. P W ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER CONIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (Rev 7 -07) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for €he Appointment Effective: in the Department of Division of to the Position of 1112112011 Common Council City Clerk Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) N Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON - COMPETITIVE Minimum, intermediate, Maximum, Fiat, Hourly (Insert one) PLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE Intern V NAME Jacqueline Rucinski LAST DEPARTMENT City Clerk DATE ADDRESS 115 Dempster St LAST SALARY 8,00 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN, XXX -XX -6717 LAST JOB TITLE NAM LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5199 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: November 21, 2011 71 a SIGNATURE OF APPOINTING AUTHORITY: '� ORIGINAL 2 COPIES TO CITY CLERK fGN /BEFORE APPOINTMEN7pATE) OTHER COPIES TO: #3 C©MPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #13- EMPLOYEE S 94 (Rev 7 -07) r= I hi compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I tray sfnit this certification of appointntent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 1112112011 in the Department of Division of to the position of Common Council Lovejoy bistrict Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non- Competitive, Exempt (insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (.Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Wayne C Kulesza, Jr DATE ADDRESS 21 Klaus Street CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -3763 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1776 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 5202 SALARY MANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE_ NnvPmhar 94 qn4 i SIGNATURE OF APPOINTING OTHER C ©PIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #6 BUDGET #6- DEPARTMENT #7- DIVISION 48- EMPLOYEE(S) 00013 1 l No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. November 29, 2011 f#3 (Rev 1 -02) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the. City of Buffalo, I trwismit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. V CI Stationary Engineer NAME Kevin McCarthy LAST DEPARTMENT DPW DATE 9/11 ADDRESS 917 Abbott Rd. LAST SALARY $15.00 hr. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX-$859 LAST.JO.B.TITLE.. LAST DEPARTMENT DATE LAST SALARY NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. TITLE OF APPOINTING, AUTHORITY: Commiss DATE: 1117111 SIGNATURE OF APPOINTING AUTHORITY: UKI(31NAt + 3 GOPIE&7t3 -- QIT LERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5 COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEfS1 #3 (Rev 1 -02) Certificate t In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of (lie City of Buffaio, I transmit this certification of appointments) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: ! a in the Department of Public Works, Parka & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of . $ 15.00 LAST JOB TITLE Sr. V Cl Stationary Engineer NAME James T. Conrad LAST DEPARTMENT DPW DATE: 6/11 ADDRESS 128 Harding LAST SALARY $16.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9383 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET" ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $16.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/1 0/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: PITY ':CLERK {ON /BEFORE APPOINTMENT DATA OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- #3 (Rev 1 -02) Certificate Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1101 1 a in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior Fiat Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (,Enter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1 6 ' CI Stationary Engineer NAME Louis Carbone LAST DEPARTMENT DPW DATE 5111 ADDRESS 212 Geary St. LAST SALARY $15.00 hr. CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -0004 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296007. TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011 -=42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/7111 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY Ct ERie ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) �i #3 (Rev '1 -02) Certif icate i In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s), I further certify that the person(s) named in Schedule "A "have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: [ in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT Enter Starting Salary) : Starting Salary of $ 1 5.00 LAST JOB TITLE Sr V Cl Stationary Engineer NAME Lawrence L. Doctor, Jr. LAST DEPARTMENT DPW DATE 511 ADDRESS 70 Hansen St. LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 4323 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832.1 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: _Commissioner _ DATE: 11/10/11 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- COMPTROLLER - HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1-02) Certificate of Appointment In Compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule " A" have been certified or approved by the Haman ResourceslCivil Service for the Appointment Effective: I in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non- Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary). Starting Salary of. 1&00 LAST JOB TITLE Sr. 9 CI Stationary Engineer NAME Dennis Schollard LAST DEPARTMENT DPI DATE 5191 ADDRESS 41 Kimberly LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN, XXX- XX-5517 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY &ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011-42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/10/11 SIGNATURE OF APPOINTING AUTHORITY: VNJUI AL ¢ : s GOPII S TO: CITY,GLM ONIBEFORE APPOINTMENT DATE OTHER COPIES TO' #5 COMPTROLLER #S- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #10 EMPLOYEE {83 #3 (Rev 1 -02) Certificate In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Hwnan.Resources /Civil Service for the Appointment Eflective: in the Department of i Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (Insert one) FLAT Enter Starting Salary) : Starting Salary of: $ 15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Timothy Devany LAST DEPARTMENT Buildings DATE 5127111 ADDRESS 19 Mumford St. LAST SALARY 15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9948 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ_ NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak r TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1113/11 SIGNATURE OF APPOINTING AUTHORITY: . ORMINAL + 3 COPIE5 TO: ( IT CLERK (ONII3EFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #9- DEPARTMENT #9- DIVISION 910- EMPLOYEE(S) #3 (Rev I-'C. Certificate 1 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of [lie City of Buffalo, I transmit this certification of appointnnent(s) or promo €ion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved[ by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public 'works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT jEnter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. V Cl Stationary Engineer NAME Mark G. Make LAST DEPARTMENT DPW DATE 6/11 ADDRESS 158 DundeeSt. LAST SALARY $15.40 hr. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -0500 LAST B TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DI OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/7/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK . ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT N- DIVISION #10- EMPLOYEE(S) 43 (Rev 1-02) k fi In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I fin - then certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: F g in the Department of Public Works, Parks & Streets Division of to the Position. of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $16.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Patrick J. Lonergan LAST DEPARTMENT DPW DATE 5111 ADDRESS 77 Potters Rd. LAST SALARY $15.00 hr. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -6499 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner 1117111 OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 - 1 MPLOYEte(S3 C�� 43 (Rev I -02) Cert i f icate I In compliance with provisions of Section 24 -2 of the Charter and Chapter 35,1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or proniotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: AU-' 1 in the Department of Public Works, Pare & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIAT jEnter Starting Salary) : Starting Salaty of $15.00 LAST JOB TITLE Sr. 1 Cl Stationary Engineer NAME Jeffrey Vitali LAST DEPARTMENT DPW DATE 7/11 ADDRESS 112 Remington Ave. LAST SALARY $15.00 hr. CITY & zip Buffalo 14210 LAST 4 DIGITS OF SSN. XXX - XX - 9800 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX °XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13298001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 201142 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/7/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES T6 - . - ' _ TY C ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET 48- DEPARTMENT #9- DIVISION #10- EMPLOYEE S #3 (Rev 1 -02) Certificate In compliance wi th provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Duman Resources/Civil Service for the Appointment Effective: f in the Department of Public Works, Parks & Streets Division of Engineering to the position of Street, Repair Supervisor l Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM Enter Starting Salary) : Starting Salary of. $ 36,642 LAST JOB TITLE Street Repair Worker NAME Brian Norman LAST DEPARTMENT DPW DATE 11111 ADDRESS 70 Gail Ave. LAST SALARY $36,119 CITY & ZIP Buffalo, NY 14218 LAST 4 DIGITS OF SSN. XXX -XX -5719 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13111001 TITLE CODE NO 4311 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -88 SALARY RANGE OF POSITION $24,828 - $41,380 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 1117/11 SIGNATURE OF APPOINTING AUTHORITY: UKI!ryINAL + 3 [;UYtt EJ: t to Y (St LKK UN /MI UKtw Al - VUItV [ MtN I 8 t OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #1€3- EMPLOYEE(S) #3 (Rev 1 -02) Certificate i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -,1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or pron>otion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the. Human Resources/Civil Service for the Appointment Effective: in the Department of Pij.blic Works, Parks & Streets Division of Buildings to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $ 30,507 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brien Kucharski DATE ADDRESS 54 Fairfield St. CITY & ZIP Buffalo, IVY 14214 LAST 4 DIGITS OF SSN. XXX-XX -6793 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13295001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 201153 SALARY RANGE OF POSITION $30,507 - $33,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niek TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/9/11. r SIGNATURE OF APPOINTING AUTHORITY: U] +,5 L;UYEtJ I U: Gt 1 7;t LtKR SUly Dr:rUr%r_ nrrvivi i rvarZry 1 UtA i c1 OTHER COPIES TO: #5- COMPTROLLER #B- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEfS) #r3 (Rev 1 - 02) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffialo, I transmit this certification of appoinfinent(s) or promotion(s). I Moller certify that the person(s) nanred in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: d in the Depanment of Public Works, Parks & Streets Division of to the Position of Assistant Administrator Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert ono) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM JEnter Starting Salary), Starting Salary of $ 51,396 LAST JOB TITLE Administrative Asst. NAME Diane Boyce LAST DEPARTMENT DPW DATE 11/11 ADDRESS 222 Norwood Ave. LAST SALARY $45,613 CITY & ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX - 7067 L AS T _ JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 1460 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2011 -62 SALARY RANGE OF POSITION $61,396 - $59,811 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. tlnia TITLE OF APPOINTING. AUTHORITY: Ot�mmissi� - r� DATE: 9119119 SIGNATURE OF APPOINTING AUTHORITY: tJKtlaiPtAL, � 3 C:UI't�5 Tt3 GIT � � _. ;. lC ON1k3EEORE APPOiNTMEhIT GATE C3�CIPI,ES TO: #5- COMPTROLLER A)- .H MAty SERViC�SERVICE #7- BUDGET #5 DEPARTMENT #9- ❑IVISION #10- ,EMPLOYEE S) 11-16—'11 10:58 � Old° i�b�2l rl�Ulo�ll�U�� r�r3�� #3 (Re 1.02) Cert ificate I t in Gompliaaet whit prov4ions of Section 24 -2 of the C"er MO Caapt,r 35.1 of the 0f4la1tM aPlDo City of Ou6:o, I tranm4 this or promotion(s), f flunber w4'iry [hot the pu sorts) named in Behe44j1e'A" have boM ce0W"WrOW by the Human to the Appointment Effeel lye: October 31, 2011 in the Depornont of POLICE Division of Figs( Mai ntenance to the Position of M Equipment Mechanic pnk'n Ono) : PROVISIONAL (tnscrl One): APPOINTMENT (fi -acrt One) : at the: MINIMUM LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & 21P LA DIGITS OF SSN. XXX - XX- LAST JOB TITLE • NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGI OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADIZRES$ LAST SALARY CITY & ZIP LAST 4 DIGITS OF SW XXX -XXo LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADORES$ CITY & ZIP LAST 4 DIGITS OF SSN. - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 92024009419001 'TITLE CODE NO 6100 BUDGET ACCT, @BJ. 92024001411001 PROJ.10 PERSONNEL REQ, NO 201146 . SALARY RANEE OF POSITION $23,721 - $39 : 636 (7 Step) PER YEAR REASON FOR APPT, ABOVE Th1E•MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derende TITLE OF APPOINTING. AUTHORITY: commissioner of Police - DATE: i0f39119 SIGNATURE OF APPOINTING AUTHORITY: Ci11It31NAL - 3 CCPIP TO: _ r iTv r__Lr_pK_lnP1rRF�(iRF sP�rIJNT��I�T QRT��. f1TwF.R fiOP__If S �O: l �R #rm I�IkAanl SFRVIC7CIVII SERYiCF v7 -� �- �FP�ft7AA�NT #g.� #i0- �A1PL 44 (Rev 7 -07) In compliance with provisions of section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, f transmit this Certification of appointment(s) or prmnotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: November 14, 20'11 in the Department of COMMUNITY SERVICES Division of YOUTH to the Position of ADMINISTRATIVE AIDE Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Z 4 ANE44 Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 35,127 LAST JOB TITLE RESEARCH AIDE NAME JILL WHITE LAST DEPARTMENT COMMUNITY SER. DATE ADDRESS 47 MARINE DRIVE APT.6H LAST SALARY 30,000 CITY & ZIP BUFFALO 14202 LAST 4 DIGITS OF SSN. XXX -XX -6190 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15613001 TITLE.CODE NO 1362 BUDGET ACCT. OBJ. 419001 PROD. ID PERSONNEL REQ. NO 201156 SALARY RANGE OF POSITION 31,76435,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEF'ORE APPOINTMENT DATE) OTHER COPIES TO: #3 COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET 46- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS PETITIONS AND REMONSTRANCES NON- OFFICIAL COMMUNICATIONS i�� r) "l Timellne for O &ECPL i, 1836 Beginning of continuous public library service in Western New York when Young Men's Association (YMA) is created to acquire books of permanent or lasting value for its members. 18 57 18 7L ; 1886 Library sy stems across the country facing THE CHARGE . are budget cuts and explor now organizational ntatlel to meet C�wlli service demands To critically examine library systems organization Since its formation as a.federated system in brie County YMA admits The Grosvenor Library is established YMA its first female as a non - circulating public reference becomes member, library hosting noteworthy collections the a:central library, $. Buffalo branches and 22 member including patent information, military Buffalo the Library Foundation, conducted a six-month project . and legal documents and U.S. Circuit Library. nation, €s, currently contending with significant financial Court and Department of Interior challenges that may alter services and central - member research Includes a critical exami nation of the pros, cons, publications. tradeoffs and implications of the current and alternative ¢¢ a L f oduc Lo THE CONTEXT Library sy stems across the country facing THE CHARGE . are budget cuts and explor now organizational ntatlel to meet C�wlli service demands To critically examine library systems organization Since its formation as a.federated system in brie County options for the Buffalo Erie County Public Li13Pr in 1953; the Buffalo & Erie.County Public Library and personnel cuts. (B &ECPL} has operated a central library, branches in In this context, the University at Buffalo Regional Institute, the City of Buffalo, and member libraries in surrounding upon invitation by the.B &ECPL executive director and towins and villages. Curr ently, the B &ECPL operates t trustees, Association rustees, member library cif a:central library, $. Buffalo branches and 22 member contracting Library trustees, and board mempers.pf libraries supporting one or more brandies. The the Library Foundation, conducted a six-month project . B. &ECPL; like other library systems around the state and assessing alternative models. of library system organization nation, €s, currently contending with significant financial for Buffalo and Erie County. The objective, evidence -based challenges that may alter services and central - member research Includes a critical exami nation of the pros, cons, library relations, with some bearing on long- terni'system. tradeoffs and implications of the current and alternative sustainabllity. The Library faced, a recurring $'million ..:: models for the B &ECPL system organization, drawing upon si nrtfafl in 201 ., sttem€ ing largely from Erie County's current data and the exper €once of comparabla brary decrease in its f €nancial comm.itn ent by The The systems around the state and nation, same lower level.of funding, $18.2 million is projected for 2012, 2013 and 2014. . PROJECT TEAM Regional h1stitute Kathryn A. Foster Laura Quebral Fulton Brenda A. Stynes 1lnE.rets,Ey as Ba#taln Y7irsrar uiiyzrs�ry oJYnr York Director Project D rector Graphic &Informati€rn.Designer Illush atw 1 95 1 97- ii New York State merges the Located in downtown Erie County rovenue Grosvenor Library, Buffalo Buffalo, the Central Library shortfalls result in service Public Library and Erie County is completed. and personnel cuts. Public Library to create one federated organization: the 19608 -197as 25 library buildings Sma Small restorations occur rector Buffalo & Erie County Public are constructed in Buffalo and the surrounding towns. year and a the portion of the laid off staff Library. Ownership of library is recalled. collections is transferred to Erie County. 1 99 2 1 998 B &ECPL asserts its independence in a court case that secures administrative and financial authority previously constrained by officials of Erie County government. 1990s Automated functions and electronic resources grow within library system. 2 - - ' Book Smartt A Field Guide to Library system Organize lion for the Buffala & Erie County Public Library System. T HE P O Cl Table of Contents � A field guide.. Library Field Guide Glossary. 4 A field guide'helps users identify plants, animals or other objects in Contemplating Orgctnizcttional The Library Tax Levy is reduced : n ature It is often a picture guide organized by. family, color ,.shape, Models—, ..,....6 location or other descriptors. Field guides group,distinct species Legislature makes file to $18,171,833, a level below into types to highlight: common characteristics. This Iield guide" OrgcznizationatAi©dels for that received by B &ECPL in 1993, for organizational structure 'uses these. principles of categorization Libi ar tes ., $ to comprehend library systems. Although they can be complex and distinct;' librarysysterns likewise share characteristics: Anatomy o the Buffalo &P rie in state aid, increasing costs and general Court Publzc Lgbrai -z S stem Coun J y xo Irt tat thel'ield sights fr'o .12 THE VIS ION , pioneer Library System....... .13 m gh -€ uality' lbrwy services forall Monroe County Library System ...... 14 The primary goal of the process of considering organizational Great River Fieglana[ Library 15 reform is to ovlde high qualit library services for all'. Pursuit` of Charlotte M ®ckienburg t ibeary 16 this auerarching goal occurs in an env r onment. of strong corrtmunity tndianapblhs Marl€rrt County Public Library 17 support for libraries and significant fiscal challenges necessitating Public Library of Cincinnati and efforts to achieve long -term financial stability. Harnllt:on County 1$ Chemung.County Library i)istrict ... ...1g Summaryof lnsightsfrorn. the Field .` ...�o. Evaluating Prior hies; 1 and Tradeoffs 22 Planning consultants confirm that B &ECPL maintains more library buildings per capita than any other community in North America, Erie County's fiscal crisis costs B &ECPL 25% of its annual funding, The system closes 15 libraries, reduces hours, cuts more than 225 full and part -time library employees, grounds bookmobiles and slashes book, subscription and media purchases. l t � 2oo6 2007 2011 B &ECPL opens the 20,000 By unanimous vote, The Library Tax Levy is reduced square -foot Frank E. the Erie County 18 %, from 2010's $22,171,833 Merriweather, Jr. Library, Legislature makes file to $18,171,833, a level below the first new library Library Protection Act a that received by B &ECPL in 1993, constructed in the City of permanent local late, Combining this loss with reductions Buffalo since 1986. ending 14 years of in state aid, increasing costs and temporary renewals. a shortfall carried over from a discontinued 2008 restoration. results in a total recurring budget shortfall nearing $7 million. UNversity at Buffalo Hegional Institute Buffalo Library enters The Erie County Public Library is created contractual agreement with City to provide bookmobile service to rural Buffalo and becomes the Buffalo towns and villages, outreach services Public Library, establishing a. and centralized support services for free circulating and reference the county's independent. autonomous library open to all city residents. community Ilbraries, each with its own board of trustees. Boards of Trustees f i r Field G uide Glossary Structures for boards of trustees, including numbers of members and terms of System -bide Library services Si�R,ICI;S`' 4 - Hook Smart: A neld Gulde to Library System Organization for the Buffalo & Vrie County public Library System F unding Sources P G© vernment - The parent government is any gov ernment that ultimately ; takes: responsibility for the library system. The parent government generally provides a Hulk of the library system's funding and often -� -. -- appoints board members. In some cases, as in Buffalo & Erie '. County Public Library, a county:serves:as the parent government State Ald.R Individual states. have different forms of state aid for libraries. In New York:State, formula aid is provided by the Governor and State Legislature for public library systems. New York's aid, which goes to twenty -three public library systems,. supports interlibrary loan, delivery, continuing education, coordination of collection development, automation and Internet access. In addition, direct formula aid goes to individual public libraries through the Local Services Aid Prdgram... The approximately 754 public libraries in Nett/ York State that belong to a public library system and meet the Department of Education's minimum standards are entitled to receive this aid. Cost :Shares -'In some organizational structures, member libraries pay forsystem- w+ide services, In a cooperative: system, individual libraries may a:coordinating entity:.that provides services to the entire syste The coordinating entity often does not run :its ow.n iibrary,'but. servos as an umbrella organization to capitalize on the power of collective purchasing and efficiencies. As members of .a federated system, me nb6r libraries in the B &ECPL system do not pay any.fees for. sery €ces.provided by the central system. Llbra.ry Tax Options Library District- Through New York State legislation, some libraries establish a Special Library District, which functions similarly to a school district. Voters elect Trustees and approve a tax levy in support.of the. library district. ,Other 'libraries establish a School District Public Library by passage of a.roferendum placed on the school district ballot. School District Public Libraries have : service iareas aligned with school districts, and voters within the district. decide, on the library's;tax levy and trustees. Munit ipal Halt ©t (phapter X414) - Public libraries in New York State can. place a .: funding proposition on ' municipal ballot. The library obtains signatures from voters : .:..on a petitlon to request a library- funding proposition be included in the next municipal election. The number of signatures must equal at least -10 percent of the number of ..: votes cast in the last gubernatorial election. This process must be repeated anytime a change in fundi.ng:level. is requested. . School P Ballot:`- Public libraries in New York State also.have the ability to place. a funding proposition on a school district ballot. This usually requires t library board to pass a resolution .notifying the school board of the library's desire to put a funding proposition on he ballot for the. upcoming school district election: The process must be repeated any time a.change in funding level is requested, 5 Unive.ity at 8uftala Regional fns6tutc Cbntemplating�. Organizational Models t:ibrary leaders face dual goals.of providing excellent and cost effective services. ror librar s stems facie cast and Y Y � . quality pressures, organizing optimally to accomplish these goals presents challenges. How does a.muiti- member system with independent autonomous parts achleve collective excellence? How.should forward- looking communities assess alternative library system organizational structures? What are the tradeoffs for alternative organizational models? What . factors are most sailent`in considering organizaiional reform? No modal is pure or automatically optimal. Any or gan izational choice, arrayed along a spectrum of centralization in terms of governance and service delivery, has pros and cons. DEGREE OF CENTRALIZATION... ...LESS CENTRALIZED : MORE CE TRALfZW �- �� M � Y_� J4 ORGANIZED TO UNCTION... ...1ndivid�aaffy ..ads a blond of collective — collectively attd individual PROS AND CONS.., ROB CONS PROS CONS individual incoherence coherence bureaucratization freedom seif7nterest ease of conformity protection over public' coordination diminished Of Minority .. interest interests equity across individual freedom .. parochialism . diverse groups inflexibility healthy competition inequality economies and across.diverse . efficiencies of .... robust idea. groups scale exchange diseconomy of scale Multi-member federated and centralized systems may - originate in decentralized groups of independent organizations. In moving toward centralization,. . decentrallzed.organizations voluntarily trade off some independence and singular identity to gain the cost and effectiveness benefits of economies of scale, streamlined operations, equity, and crass- organization coordination. 6 Book Smart: A Field Gvitle to Ubrm System Organization for the Buffalo & Erie County Public Ubtwy System New York State's 23 public library systems support offer 1,000 public libraries and local branches. In the 1950s, the State Legislature and Governor authorized the establishment of public library systems in Education Law. Governance and function for the systems are established in the regulations of the Commissioner of Education. Each public library systern is governed by a board of trustees. New York State designed library systems to increase capacities of local libraries, enabling them to buy services and share resources. Systems qualify for state aid based on an approved five -year service plan and annual budgets and reports. . New York Mate supports establishment of three types of library systems, as defined by the NYS Department of Education. These are: . F� Ne � (4 in New York State) (3 in Now York State) Created by agreement of member Created by action of the Chartered as a single entity boards, chartered libraries maintain legislature or boards of with one board of trustees. All their autonomy.. supervisors of the county or libraries are units of the parent counties involved. Member organization. libraries are autonomous and have their own boards. NEW YORK STATE LIBRARY SYSTEMS A row � r l 1Nes chostel New York :5 Queens B rooklyn Nassau University at ©Uflaia Regular 1 nst EUIU 7 Organization.aI.Modelsfor Libraries "here are three basic p for l ibrar y system organization. They vary b y the nature and amount of authority distributed between parent governme library - - - Book Smart: A new Guide to Library System Orgaaizntion for the Buffalo & Ede County Public Library System s� ue t :brae I - - - Book Smart: A new Guide to Library System Orgaaizntion for the Buffalo & Ede County Public Library System Considering the Library District Option Although this report focuses on the three core organizational structures for libraries, the Buffalo & Erie County Public Library is also considering a Special Library District option. Library districts may incorporate elements of any of these organizational types. Regardless of organizational variation,. library districts have two key elements: 1) taxpayers must approve a tax levy in support of the library district; and 2) taxpayers elect the trustees. In these ways, library districts are thus akin to school districts functioning in the region. r MUM _ � t�17 Consider a Special A- I L ibr'C11Pf D25111cif The New York State Board of Thy T,4XPAYERS Regents Commission on library vo on t Services recommends the creation (V to support x}12 of library districts to promote i availability of library service to all library and elect 4 "" New Yorkers and to improve local board members to M' � support for libraries. Direct public a single g overni ng " voting on library funding can mean beard. i more financial.support for libraries — as more than 9.0% of public library budget .votes -are passed each year. - The Basic Process for Creating a Special Library District • work with stakeholders to identify goals and priorities to develop - a process for choosing the key GOVE features of a proposed special Board library district... . inernbers • Work with local legislators are elected regarding sponsorship of a bill by the �� to introduce and pass in State public. Legislature. If the State Legislature ' passes the bill... Library A , •Circulate petitions in support of a district ballot referendum to hold a public has one vote. If voters approve... adrninistr'atiue • Formally establish the new entity structure and with elected trustees, and apply for one board. charter with the Board of Regents l and registration. 1 [So9rce: Ellen h7: Sach,Esq. Wliitem�n, ostenn2n & Hanna UP) £ - _ - - - -. - Elnivarsity at (3Ulfalo Reg39nai tnsl ute - - 9, 10 Book Smart: R Field GutAa to Library System Organiealloa for the Buffalo & rrie County Public Library System a Population served 919,040 Circulation 8,013,600 " *Library Leeatlomn 37 Operating Budget $27,320,613 Per Capita $29.73 .Include-5 Centrat library, member libraries and Wariches B &ECPL Board of Trustees Members, Appointed by Erie County Executive and Legislature The Buffalo & Erie County Public Library system Board of Trustees consists of 15 members who serve five year terms on a rotating schedule. The trustees are appointed by the Erie County Executive, who appoints ten members (two each calendar year), and the Mayor of Buffalo, who appoints five members (1 each calendar year). All system trustees are subject to confirmation by the Erie County Legislature. &ECPL Director A by 9& Board Director serves as administrative, executive and fiscal officer of the B &ECPL with the supervision and control of the Board of Trustees. The director oversees business affairs, administration, and employees of the Central Library and eight Buffalo branches. Association of Contracting Libraries (ACT) Board Acts as a Liaison Promotes cooperation among member libraries, provides a forum for exchange of information and ideas and is a mechanism for liaison between the contracting libraries, their trustees and staff and the B &ECPL trustees and staff. Contracting libraries Contracts for Services from Library System Each member library has its own Board of Trustees. Members annually contract with the central library for services, including circulation services and budgetary allocations. The system provides funding for almost all of the operations of member libraries while the local municipality or membership association provides for the library building and capital needs. University at Bulf'Wo Regmannsta me 11 a � a Population served 919,040 Circulation 8,013,600 " *Library Leeatlomn 37 Operating Budget $27,320,613 Per Capita $29.73 .Include-5 Centrat library, member libraries and Wariches B &ECPL Board of Trustees Members, Appointed by Erie County Executive and Legislature The Buffalo & Erie County Public Library system Board of Trustees consists of 15 members who serve five year terms on a rotating schedule. The trustees are appointed by the Erie County Executive, who appoints ten members (two each calendar year), and the Mayor of Buffalo, who appoints five members (1 each calendar year). All system trustees are subject to confirmation by the Erie County Legislature. &ECPL Director A by 9& Board Director serves as administrative, executive and fiscal officer of the B &ECPL with the supervision and control of the Board of Trustees. The director oversees business affairs, administration, and employees of the Central Library and eight Buffalo branches. Association of Contracting Libraries (ACT) Board Acts as a Liaison Promotes cooperation among member libraries, provides a forum for exchange of information and ideas and is a mechanism for liaison between the contracting libraries, their trustees and staff and the B &ECPL trustees and staff. Contracting libraries Contracts for Services from Library System Each member library has its own Board of Trustees. Members annually contract with the central library for services, including circulation services and budgetary allocations. The system provides funding for almost all of the operations of member libraries while the local municipality or membership association provides for the library building and capital needs. University at Bulf'Wo Regmannsta me 11 Who we interviewed The UB Regional Institute conducted phone interviews with directors of seven different library systems across Now York State and the country. In consultation with the B &ECPL Board of Trustees, Association of Contracting Libraries and other library professionals, these systerns were chosen based on location (both within and outside of Now York State), comparable size (either in population served or number of branches), and organizational structure (1 cooperative, 2 federated, 2 consolidated, and 2 consolidated with special library districts). Common threads across librarysystelns interviewed included challenges in funding and sustainability prompting explorations for change and passionate commitments by library staff to the core mission of libraries in service to the public. Great River Regional Library Director, Kirsty Smith Indianapolis - Marion County Public Library CEO, Laura Bramble Public Library of Cincinnati Monroe County Library System Director, Patricia Uttaro " Pioneer Library System Director, Lassie Guthrie What isle asked The UB Regional Institute asked a set of questions to gain insights into the challenges and opportunities that libraries face in their current climates. Directors provided basic information including population served, circulation and operating budgets, as well as the number of trustees serving on boards, how they are appointed and the terms of appointment.' Specific questions included the following: Talk about changes over time in terms of usership, funding, services and access. Is your governance model considered consolidated, cooperative or federated? Do you have a special tax district as part of your current funding structure? If yes, how has that affected your operations and services? If no, has it been considered for your system? What are the biggest lessons you learned in how organizational structure and governance affects your work? What are the biggest lessons you learned in sustainability and funding issues (as related to governance or not)? What advice would you give to the Buffalo & Erie County Public Library system as it explores governance structures and sustainability as part of planning for.the. future? What we are ireporting Hearing the lessons directly from library directors provided unique, informed and insightful perspectives on libraries in the 21st century. The fruits of the discussions are most valuable without interpreting the advice. The summaries that follow present as much direct quotation and reference as possible to ensure the accuracy of the directors' perspectives and to give readers unadorned advice offered to the Buffalo & Erie County Public Library. 1 Populations served NTre based on U.S. Census data, some of which had officiat 2010 counts at the time of reporting, and others were based on population asllrnates. Circulallons were reported front a full year of data from 2010, Operating budgets were based on adopted budgets for 2011. 12 Booli SdeirU A Meld Guide to Library System Organl2ation fat the Buffalo & Erie County Publio Ubrary $yslem inr Library t Director, Cassie Guthrie Population Servers 301,741 *Operating Budget $10,€170,806 Circulation 2,886,814 Per Capita $33.38 Library Locations 42 *Ornbinetl operating budge4 For Noneer t_tbwysystem ad member libraries in 4ltipgstbn, Ontario, Wayne ana'. Wyoming Couni'es _ -.. ... IN A nine•rnember board is.appointed... .,.by the ...k each county Board of aduisoly Council tine Central (2 per corerr.ty) Library (1) r"ZZ21 `N This board coordinates sei - vice detivei acrd facilitates cooperation between libraries. Terms are five years, and two terms expire on December 31 each year Unis'crsity' of Buf`alo Regional In�trtute 13 6 AN WWWVVI . QtVAtAft%t %twv%tst Individual libraries have their own boards. The County Legislature appoints an eleuen.•inember system board.. 14 Book Sm art: A fleld Guide to Ubtary System Organization for the Buffalo Fx EaeCiwntyPublic Library System A fifteen - member board is appointed... .each. county.. ...the balanc has one determined CORE III . b3 , budget_ an elected share (9) official, ora the GRRL Board(6) x�tni��s r� w-, Terms are three years. Trustees serve.rio more than three terms. 0 University at Buffalo i?Ggiona$ fnsbtute 15 ...Charlo Me ckl . e nb ur Obrary. . Director of Literary Experiences, David W. Singleton } } } E } Population Served 890,515 Operating Budget $26,810,8 06 C irculation 7,930,974 Per Capita $30.11 *Library Locations 20 • ` *Includes mrun library and branches ADVICE FROM THE FIELD Refi -alne the way we think offzfnders. All funders, even if it is a major funder like the County, are interested in the outcomes of the services provided and deserve to have good information about impact. Funding partners should be managed the same way relationships with donors are. handled, which requires consistent communication about 'return on - investment. , ien when times are tough, don't underestimate people's desire to knout the facts. As Charlotte Mecklenburg faced the harsh realities of severe budget cuts, staff held a series of meetings to talk with their communities.. Library staff learned how much the public did not know about the libraries. More importantly, staff members heard how much community members wanted to be informed in order to better advocate for the libraries in the future. ivon idt votrinteers cis.:a:7.esourr..e. Charlotte Mecklenburg Library supplemented the limited staff left after. budget cuts. with volunteers. In the last year, the library more than ..doubled the number of volunteer hours from 25,000 to 55;000. Volunteers. had Charlotte Mecklenburg an,opportunity_to see behind the scenes Library focuses on creating of libraries and learn first hand what it the "w&' in libraries.. • takes to operate and provide services: because it isn't about "us Volunteers became knowledgeable, and them." Libraries need passionate advocates who could speak to capitalize an the power ineaningfullythrough experience about of the community, who what it takes to run a library. intuitively �xr derstflnd Partnerships are key to success. Whether. the value of libraries, small or la r ge scale, partnerships trove };y integrating their as external organizations from "disinterested to fully invested" in the future of libraries. partnets . who become The mission of libraries often aligns articulate end passionate : nicely with. organizations working in the advocates. community. For example, the Charlotte MecKlenburg library partners with international House a leading provider of direct services to Mecklenburg County's ever - growing international community. For many immigrants,: Jib raries: are .one. nfthe first welcoming places in their transitional experiences. As a result,'the immigrant population has' become a strong advocacy base for the libraries. NORTH. -: CAROL `. Board ty ;sioners A, A' 1 6 . Book amarl:A Field Guide €o Library System Organization for the Buffalo & Ede County Public Library $yslem Liurary,ruunoatlon, an indepenaent runaraising entity, has been a tremendous asset for the library system.. Through private donations, An seven- member board local and national grants, the Foundation provides $1.542.0 million is appointed... annYally for library programming. These.progra s would not be.. 114oIANA possible without this .fundralsing support mechanism. Take the trine to include the j)ublic. There is often pressure to make immediate decisions in times of crisis, but communities need t0: .2 by the 3 by the 2 fly be involved at every stage of decision - making forth 6 1 i brary..When Indionapolis lWarion. County .:Indianapolis budget cuts happened in Indianapolis in 2010; library officials felt the City - County Board of Board of School Council Commissioners Commissioners need to take.im.memate action: But Jibrary staff found the community '. wanted to be more involved and informed than the original tii- feline allowed. Although the public acknowledged the need to make time sensitive. choices, citizens still wanted time to understand the facts around the decision_ making. y1d.vocacy vai emerge itnewl?ectedliy f - om c risis. . Budget cuts in Indianapolis - Marion County led`to.a reduction of library hours by. 26% in. 2010. Studies recommended closing two to six branches. The public protested the closings a.nd a large grassroots effort organized to. Lii caries are advocate forthe.libraries. This independent depenci.ent nth group wrote petitions and raised awareness pp]ttjcFit L its- .Li'DI1131( ]i about the need for libraries. The Sustainable: ,n wkich the3 carat. Library Citizens Coalition now has mote than 1,000 members who participate in creating.s long tern) solutions to sustain the Indianapolis - Marion: County Public o• � Library financially. Being all indep endent )t7Unicipal coFporation has served the Indianapolis L bnarj tuell.. Although Indiana does not provide direct state support for the Indianapolis - Marion County Public Library, the Library is empowered . as. its own independent municipal corporation, which gives the Board the ability to levy a tax -for th.e library: Recently, state laws authorized the City. Council to modify the budgets and tax levies of municipal corporations, s.o. . there has been a slight shift. But overall, being a municipal corporation has given the Library opportunities to shape and manage the budget. Terms are four years. Board members may not se mole thar; 4 Consecutive terms by state law, a w tiniversily at Buffalo Regional Institute 17 Public Library: of Ci,nci . nnOti a nd H Director, • Of W vm������ ➢I ills NO ' pmw Now T Wit Population 802 ► e Circulati 16 $67. L ocatio ns tincludes main library and branches A seven- member board o"H,10 is appointed... ...by the County ...by judges Commissioners (4) of the Court fnaintenance prgjects, which can take a ton t educe yaiu cx erases 'Iii Pleas. (3) ... . time to plan and implement, very difficult to C'-ineiwinti no r3r p wFintf-A 9 Board'members'are appointed for a term of seven years, the term of one trustee expiring each year: tftfttfttttAt One board oversees this county -snide system which is comprised of one main library and 40 branches. .,18 - Book$ mart: AReld GuTdeto Library5ystem fSrgaruzationfortho SuHolo& Edo County Public, Ubrary$ystem Summary ofInsi the Fie The interviews with library directors provided valuable insights to explore the lessons learned by library systems across the nation as they face the challenges of the changing horizons of libraries in the 21st century. This summary offers a brief overview of the common themes across the interviews including perspectives on change, the growing demands of providing services, gaining public support, organizing with structures conducive to library services and considerations for funding in the future. Some directors offered the B &ECPL specific thoughts for the future, while others reflected more broadly on the role of libraries in modern cultural and political climates. These insights provide perspectives from the field to inform an evaluation of priorities, values and tradeoffs in the final section of this report. Change is nominal For library systems across the country, change has been part of their institutional history. Interviewees from the library systems consistently described libraries reaching a crossroads at key points in history when they needed to decide which road they.would follow. Crises can present opportunities to explore the options, and the B &ECPL system is not alone in seeking stability for the future. It's all about the services It is easy to get lost in discussions about the future, but library professionals have been consistently stating throughout this process that the reason behind stabilizing the library system's governance and funding is about safeguarding the enterprise. The mission always focuses on the core goal of providing the best services for the most people possible with the greatest efficiencies. 20 - Book $Mort; A Field Gulde to library System Organization for the Buffalo & Erie County Public Library System Consistent adi: ocacyfor libraries will always be needed All of the case study libraries faced challenges similar to those of the B &ECPL. Many struggled with severe budget cuts and fluctuating funding levels, forcing difficult decisions to reduce hours and staffing. Keeping the message about the importance of libraries in the minds of community members Was a common theme in interviews with library professionals. Many directors talked about the need to stay vigilant about engaging the public in discussions about, libraries both as primary customers and advocates for library stabilization. Stmcttlre is related to political environment and geography One of the library directors interviewed for this report said, "Libraries are dependent on the political environment in which they exist." Part of the political climate depends . on geographic location. There are two key geographical parameters to consider within structure: state and local municipality. The current state challenge for the B &ECPL is that New York State is not in a position to increase support for libraries in the near future. At the local level, library directors shared in interviews that multiple jurisdictions can make things complicated. Some places were dealing with four to six county governments, each with different abilities to fund and different expectations for levels of service. The B &ECPL may have an advantage by only having one county within its service area, potentially minimizing the complexities of multiple levels of government. Choose your benefactor wiselb The library's biggest fan is the one who will empower the library system the mast to make decisions. Around the country, the majority of library funding is local, rather than state, federal or private funds. The B &ECPL will need to consider who will empower the library the most on budget decisions: Is it Erie County? Individual municipalities? Taxpayers? 21 universPtyal autfalo Regional lostltute Evaluating .glorifies, Values and Tradeoffs What would the tradeoffs be for Buffalo & Erie County Public library? To fully explore the organizational models requires assessing each prototype across core values expressed by library professionals in the planning process for the Buffalo & Erie County Public Library. While there are many variables in priority setting, four values were consistently raised by library professionals throughout the process: degree of change required; funding stability; individual autonomy; and collective power. The "at a glance" exercise presented here can assist with assessing tradeoffs, advantages and disadvantages based on priorities within each model. MM r - ,- � � � r Evaluating value tradeoffs across organizational structure As the exercise of evaluating value tradeoffs across the different organizational structures demonstrates, there is no right or wrong model. Priorities and values underlie organizational structure choice. No change is required for a federated mnripl fnr thp. RPF ('nl . ^�°a••d••,�, 1.— •+v VtJV�Eii1 r•s 1 r L11V 111VJL independence. A federated model offers some, and a consolidated model requires giving up individual autonomy for the power of the whole. . Collective power gets lost in the cooperative model, with every library individually competing for its own resources. While federated models offer some collective power, consolidated models are best structured to achieve this value. - - . BookSwM A nelti Guide to UhrafySyslemO(ganization for ffie Buffalo & Erie County Public Library System How much of a shift is this away from the current system structure's FUNDING INDIVIDUAL COLL ECTIVE STABILITY AUTONOMY POWER Can this model provide How much authority How much does consistent, steady will individual libraries economy of scale resources for the library have within this model? factor into the model system? A cooperative structure would Funding stability could vary 0 HIGH w[otun .':.. LOW � .:.:. ... A cooperative structure would Funding stability could vary Auto nomy in a cooperative The inherent power of require a high degree of change :. from the owrentsystem,' :It ::. greatly across different libraries as they are subject.. structure is high, with every library having its own board the collective . is lost in a would involve breaking apart the to varied resources; tax and responsibility for its own coaperatiVe.rnodel with individual libraries federation that has. been in place : base population needs, fundraising and bud get. corn. petingfor their own essentially dissolving Buffalo & Erie County Public Library System..: and abilities. to fupdralse. reso urces, rather than focusing an being part of a larger system,. HIGH .: MEDIUM .. Lot The regii this 1 libra system board.;; share costs and advocate r funding and operational ability, ve power for a dated system is PO system speaks inited voice 'for all es. Jniverslly al BuY,a!o Regiunal ire- ,trtule 23 rt S .. �tl The Honorable Joseph Golombek, Jr. North District Council Member Buffalo Common Council 65 Niagara Square, 1502 City Hail Buffalo, NY 142023318 Dear Council Member Golombek: I would like the opportunity to clarify certain matters raised in the Buffalo Common Council Resolution you introduced on June 14, 2011 (the "resolution ") as a result of complaints you received from constituents who reside on Hunt, Riverside, St. Florian, Pavonia and Sunset Streets. At the outset, the Resolution unjustly and mistakenly contends that National Fuel customers residing in the City of Buffalo "have not received the same kind of service as customers in more affluent areas that [National Fuel] services." National Fuel strives to provide all of its customers with outstanding service regardless of where they reside in our service territory. It is our goal to address all customer issues in a timely and satisfactory manner. Also, I was provided with complaints from only two residents who reside in your district despite hearing from your office on numerous occasions during the last few months that "many" neighbors have expressed their dissatisfaction about National Fuel's maintenance work. Attached to the copy of the Resolution I received on Friday are complaints addressed to your office from Mr. David Jaworski (13 runt Avenue) and his next door neighbor, Ms. Cynthia Bogar (17 Hunt Avenue). Mr. Jaworski and Ms. Bogar also directly contacted National Fuel earlier this year about restoration issues in the Riverside area, I will address Mr. Jaworski's and Ms. Bogar's specific circumstances in more detail below. if any additional constituents have sought the assistance of your office regarding maintenance work National Fuel has conducted in the Hunt /Progressive area, Kindly provide me with their names and addresses so that I may thoroughly investigate their claims and provide an additional response to you. Maintenance Project Overview: In June 2010, National Fuel began a substantial maintenance project to upgrade its underground facilities in the Hunt /Progressive area. Among other things, the project involved replacing the existing low pressure gas lines in the neighborhood with newer, medium pressure gas lines. Gas meters previously located inside houses in the Hunt /Progressive area were also moved to the exterior of these houses during the course of the project. Altogether, gas line maintenance work involving approximately 186 houses (including Mr. Jaworski's and Ms. Bogar's residences) was done on Hunt, Progressive, Gallatin, Copeland and Tonawanda Streets as part of National Fuel's ongoing efforts to provide 1 s � NATIONAL FUEL GAS DISTRIBUTION CORPORATION 1 6363 MAIN STREET I WILLIAMSVILLE, NY 14221 -15887 �p3 � safe and reliable service to all its customers. The project was completed in September 2011. Restoration work at the locations in this area where excavations occurred began in 2020 and continued into late October 2011. Please note that we had a similar project involving 45 properties on Riverside Avenue, between Niagara and Tonawanda Streets, that took place during the August through October 2011 time period. While our records also show that we have worked on approximately four properties located on Pavonia, Sunset and St. Florian Streets for the sole purpose of fixing individual gas leaks, we have not conducted any gas line replacement projects in these neighborhoods. Mr. David Jaworski (13 Hunt Avenue): Our records show that between April and June 2011, Mr. Jaworski made numerous complaints directly to National Fuel and to the New York Public Service Commission ( " PSC ") about the lack of restoration work at his residence. We are also aware that your office filed an additional complaint to the PSC in June 2011 about National Fuel's tine repairs and meter installations in your district, You referenced Mr. Jaworski's situation in that complaint. We certainly understand the concerns raised in those complaints about the condition of the restoration work in the Runt /Progressive neighborhood during that time period. Please keep in mind, however, that restoration work in our entire New York service territory was significantly delayed because of record rainfall amounts that the Buffalo area received during the spring months of this year. Based on data provided by the National Weather Service, Buffalo normally receives 9.38" of rain during the months of March through May. Buffalo received 18.41" of rain for March through May 2011. Looking only at April and May of this year (since restorations do not occur in March), Buffalo received 13.78" of rain making restorations nearly impossible to start until the ground had a chance to dry. Average rainfall in Buffalo for the months of April and May is 6.39 ". As a result, our landscaping contractors were unable to be gin r e storing the Hunt Progressive n eighborhood until much later than we had planned. When the weather permitted us to do so, we aggressively began restoring lawns, sidewalks and driveways in that neighborhood. On July 22, 2011, I inspected the Hunt /Progressive neighborhood along with representatives of National Fuel's Operations, Consumer Business and Government Affairs Departments after I first became aware of the Resolution. It was obvious that the conditions in this neighborhood improved significantly between the time you introduced your resolution in mid -June and that time. However, we also noticed during that visit that at one residence in particular —13 Hunt Avenue ® the grass planted during the restoration phase of the project had not grown back because of an apparent lack of lawn watering (please see attached photo). After discussing this observation with Mr. Jaskula at your office, National Fuel agreed to do additional restoration work at 13 Hunt Avenue in late July at no cost to Mr. Jaworski, This restoration work involved adding additional top soil and grass seed to Mr. Jaworski's front yard in the area where it had been excavated. We then considered the matter closed. Upon receiving Mr. Jaworski's most recent complaint from your office I returned to the Hunt /Progressive area on the morning of November 21, 2011, to assess the condition of the restoration work we had performed in that neighborhood. As I fully expected, the lawn was fully restored at 13 Hunt Avenue in the area of that property where the excavation occurred during the project (please see attached photo). Mr. Jaworski has also referenced a hole dug on his property by National Fuel during the course of the Hunt /Progressive project in a number of his complaints. In December 2010, we excavated a service hole approximately 4' to 5' deep at 13 Hunt Avenue. This excavation was necessary to replace the gas line to Mr. Jaworski's house, and then remained open while we replaced the remaining service lines on Hunt Avenue and prepared the new main line for installation. At all times, the hole on Mr. Jaworski's property was covered with plywood and marked with safety cones. This hole was refilled early in June 2011 after the work on Hunt Avenue was completed in late May 2011. Ms. Cynthia Bogar (17 Hunt Avenue): On November 18, 2011, 1 also received a complaint that Ms. Bogar had submitted to your office on August 24, 2011. In that correspondence, Ms. Bogar criticized National Fuel for not providing her with sufficient advance notice when her meter was relocated to the exterior of her house during the winter of 2010- 2011. Ms. Bogar further mentions in her letter that she is disabled, that her gas was unexpectedly turned off when her meter was being moved, and she was left alone without heat for several hours as this was taking place. Ms. Bogar states in the letter that she called National Fuel at the time when the meter was relocated to complain about not receiving adequate advance notice. Immediately upon receiving Ms. Bogar's August letter to your office, we reviewed our automated records to see if they contained any reference to Ms. Bogar's complaints about not receiving enough prior notice for our contractor. We were unable to find any mention of that conversation. There were, however, entries in these records concerning calls Ms. Bogar made in May 2011 to complain about a cracked sidewalk on her property. As we do with all customer complaints that we receive, a representative of our Consumer Business Department telephoned Ms. Bogar on November 18, 2021, to inquire into the circumstances that she discussed in her August 24, 2011, letter to your office. Ms. Bogar mentioned during that conversation with our customer service representative that she required 24 hours of advance notice before National Fuel's contractor was going to enter her home to ensure that Ms. Bogar's daughter -in -law could be available to help Ms. Bogar and her neighbor. Ms. Bogar also stated during this conversation Friday that she was "happy" with the restoration work performed on her property in September 2011 that included the installation of a new sidewalk (please see attached photo). Conclusion: Overcoming the unique challenges of performing such a significant infrastructure maintenance project in a crowded urban environment and during extraordinarily hostile weather conditions, National Fuel crews completed the Hunt /Progressive project safely and with minimal disruption to the living conditions of the residents in that area. Notwithstanding the claims made in the Resolution, National Fuel takes very seriously the impact maintenance projects such as this have on our customers who reside in the City of 3 - �r Buffalo. We are always exploring ways to do our job better and.to improve our customer service. At the conclusion of each lame project like this, we thoroughly analyze it to determine if there are any lessons learned we can apply to future projects. As we review the Aunt /Progressive project, I assure you that we will tape a close look at the matters "raised in the feedback we received from Mr. Jaworski and Ms. Sogar. As always, please feel free to reach nee at any time at either my work number (8a7- 7695) or on my cell phone (949 -7995) if you have any issues you would like to discuss. Very truly yours, Edward J. Darnico Manager — Government Affairs EJD /vlf Encs. cc: D. J. Halvarson P. D. Fig liotti . M. Jaskula aGISLA 0 E �,. t"Q .rj ;��� -r' �� :. November 18, 2011 3ident Franczyk I am writing to let you know that W. Tupper Street has been having increased problems with alternate side parking in the past few months. I am hopeful that you can help me forward this concern to our District Police Precinct and /or Chief Basically, the problem is that cars are not being ticketed for parking violations despite being parked on the incorrect side of the street for hours after the 6 p.m. switch on Mondays and Thursdays. It is commonplace to see oppositely parked vehicles remain unmoved and unticketed through 8 a.m. the following morning. Inevitably, someone else will park their car directly across from the illegally parked car, resulting in an impasse for traffic. This situation frequently lasts for hours at a time and the beeping of angry drivers who are forced to back up down the street is constant and often occurs all night Iong. I have seen school buses, emergency vehicles and commercial trucks be stopped dead in their tracks by an illegally parked car long after the 6 p.m. switch time. A school bus leaving Herrman Badillo became stuck on the street this morning and the driver chose to honk its horn continuously from 8:00 - 8:15 a.m. I know that parking violations happen and we cannot control neighbors and visitors who fail to observe signage, but what I am writing to address is the failure of the Buffalo Police Dept, to ticket or tow these cars within a reasonable amount of time. Illegally parked cars are rarely, if ever, ticketed unless someone places a call directly to the police non - emergency line explaining that the traffic is stopped on the street. Even after contacting the B District, it is rare that a patrol car or tow truck will even respond to the problem. What is most irritating is that on countless occasions, I have observed BPD officers weave their vehicles around illegally parked cars or onto sidewalks to get past a doubled- parked situation without addressing the problem. These officers do not have lights or sirens on and are clearly not responding to any emergency that would prevent them from ticketing the vehicles or even calling in the problem to dispatch. On this past Monday, an officer became stuck on our street with traffic quickly piling up behind him. For once, the illegally double- parked car was ticketed, and the officer was forced to back up Clown the street, However, he failed to ticket another illegally parked vehicle about 20 feet in front of the 1 st car? My request is that we contact the police district and plead for more routine upholding of the parking laws. It is a danger to everyone in our neighborhood how frequently we have situations where an emergency vehicle cannot pass through. Thank you, Colleen Roberts colonel. colleenQ2mai I corn ��}} REFERRED TO THE COMMITTEE ON COMMUNITY' DEVELOPMENT, THE BOARD OF PARKING, AND THE CHIEF Qf� ICE B DISTRICT DAV ID A. RIVERA PRESIDENT PRO TEMPORE NIAGARA DISTRICT COUNCIL MEMBER 65 (NIAGARA SQUARE, 1 504 City Hall BUFFALO, NY 1420 PHONE: (1 8Si -5125 e FAX: 1716) (351 -49—,0 E -mail: d= 3rlvera�c)2.ci.i>uffalo.r5y.us. u00 3 5 Common Couttrit COMMITTEES l CLAIMS, CHAIR 4,.,,ity of Buffalo CIVIL SERVICE CONimUNITY D[VFtOPxiF;NT FINANCE LEGISLATION RULES aPEC_A1,._COMMITTEES tN}BFC bVr \TERFftOtiI DEVE.LONiENT CHIEF OF STAFF WHITNEY ARLENE CRISPELL ` 3 LEGISLATIVE AIDES SEAN MULUGA,N S c ( NOEMI SANTIAGO City of Buffalo Common Council 6S Niagara Square Buffalo, NY 14242 November 21, 2411 Dear Colleagues: 1 am Fling a copy of a blog post entitled "The unauthorized guide to getting your child into the B.uffalo. Public Schools," which appeared on the Buffalo • News website on November 20 2011. My hope is that we can discuss it in an upcoming committee meeting and possibly find ways to work with the Buffalo Public Schools on disseminating information to City residents. Sincerely, AX 4 David A. Rivera Niagara District Councilmember °^ TO TIHE M 11/21/11 The unauthorized guide to. getting your child into the Buffalo Public Schools-_ City Region Spi its BrittrU ir€ neat We Business Upinion Deaths Njultiracdia mt.acs Search School Zone The unauthorized guide to getting your child into the Buffalo Public Schools Nove €nber 2o, aott -7:52 AM 2 CDM1l1Cot5 One of the most confusing things for parents living in Buffalo is figuring out how to register your child for the public schools. It doesn't help that the deadline for registration is usually the first week in Deceuiber --a full nine months before school actually starts the followi €tg Septe €ttber. And this year, the rle idlhte is even earlier -- Nov. 28. I hear from plenty of people every year .vho complain that they missed a deadline they bad no idea existed. (Go ahead --just try finding this info oil the Buffalo Public Schools +ehsite, I dare you. Oh, it's there. Kind of. But you have to find it. First, you have to know enough to look [coder Departments on the top menu. Then you have to know to look under Central Registration Center, which doesn't sound to me like it has much to do with children. Once you get to that page, you'll see a deadline off to the right. Except that it's not the correct deadline. Oy.) It almost seems as though the district goes out of its way to make it difficult for parents to navigate the system. I've heard board n €embers complaining about it.for a year and a half now-- but parents I talk to are still every bit as confused as the)' were when I started covering this beat. So here's some info to help you navigate the system. Do me a favor. Spread the tivord. Post this on Facebook. Print out copies and pass them out at your child's preschool. Tell every parent you bump into at Wegm€ms. The first thing you need to know is that you have to get a copy of the student registration application. They are supposed to be available at student registration, 33 Ash St., as well as every school in the district, Although I've heard from more than one parent that that's not the case. One mother was practically in tears when site emailed me to tell me that she started hunting dottigt an application at City Ball. You know, that place where the people who ruts the district work. Well, they didn't have any applications there. They told her she could get an application at an elementary school. Guess what? The school she [vent to didn't have any applications. finally, she landed one at Ash Street. So here's the moral of that story: If you're planning to pick up an application somewhere, call ahead a €td make sure they actually have applications, ADVERT Si;NWNI Reader sur ice Search n4utr€ztt5Er.xr:T Recent Posts 'file unauthorized guide to getting your child into the Buffalo Public Schools White House rep coming to Buffalo parent meeting Uve blog of school board meeting at 5 p.m.: universal free lunch and more Who will fill Jacobs seat? The exempt who has left the building Stay Informed Newsletters Alerts Topic- spe6fie e- Text ;i nd a -[W a it mails each day notices of new stories . buffalonews.coml...la- parents- guide -to- student - registration -in- the - buffalo... 11` 11/21/11 The unauthorized guide to getting your child into the Buffalo Public Schools ... District spokeswoman Elena Cala tells me that applications were also sent to Head Start programs, prirate schools au €d charter schools. Again, if you're planning to pick up in application at any of those places, I'rl strongly advise you to call ahead. Yee Curiously, you can't find a copy of this mysterious application anywhere on the BPS website So guess what? I scanned one in and uploaded it for you. here it is: a pirated copy of the tot 2- r3 BPS student application. But pay attention: You can read it, print it, and use it to familiarize yourself with your choices. But you cannot actually fill this out azr d s€ binit it to the district. You have to get one of the BPS - authorized origin!] applications. You see, I thought it would wake things easy for people like you if I could upload a copy of the application and save people a trip don to Ash Street. So I asked Cala if that would work. No, she said. Because apparently once Ash Street getsyour applications, they scan it in. And if they try to scan in a printout of that pdf I uploaded for you, certain arrows won't line tip, and it won't scan properly. So, sorry, folks. I tried. But at the very least, you can use my pirated application to get some pretty important info. The vast majority of students are placed through a computerized lottery process. (Programs that have some criterion for admission, like City Honors or Olmsted, work differently. You can find info on those admissions processes on Page 3 of the pdf,) RSS aove€¢TISE &I tai (For those of you who are wondering: This application is only for schools in the Buffalo Public Schools. Charter schools have a co €npletely separate application process. Each charter school runs its owns admissions lottery. Their deadlines are generally in early April. That will be the subject of another blog post down the road.) So back to the info you will find in this pdf for public schools in the general lottery. On the first page, you'll see the age requirements for kindergarten and pre -k throughout the district --as well as the three -year -old program at Bennett Park Montessori. (Yes, there is a free, all -day, public program in Buffalo for three- year-olds. It's another one of those resources that the district doesn't seem to want people to. know about:) That first page also explains that if your child has a sibling at the school you want him /her to attend, he /she will get preference in the lottery. And if you live within 1-5 miles of the school, your child also gets preference. But here's the catch: You have to rTnake sure you indicate a sibling preference or proximity preference on your application. Not sure whether you live within 1.5 miles of a certain school? I'm told the BPS transportation people double -check proximities. In other words, you're better off patting down a proximity preference on the application. If it turns out you live more than 1,5 miles away, they'll weed you out. But if you do not put down a proximity preference --and it turns out you do live within 1.5 miles of the school - -you lase. Now, the rules are a little different for Discovery School 67 and Olmsted School 64. Both of those set aside a certain percentage of seats for people living in each school's old attendance zone. This is different fron living w €thin 1.5 miles of the school, I don't knowwhy. I also don't know why the district does not provide a list of eligible addresses for each school. But here's the good news: I got loth lists from the district. Here's the list of eligible addresses for the Discovery School attendance zone. And here's the list of eligible addresses for Olmsted 64's attendance zone, (Contrary to popular opinion, there are no neighborhood seats reserved for Olmsted t56, which is a grades 5 -12 building. I've even heard one board member say repeatedly that there are neighborhood seats reserved for that school. It's not true.) Now, back to the pdf of that application. On Page a, you will find a list of schools that have made some sort of warning list under No ..buffalonews.com /... /a- parents - guide -to- student- registration -in- the - buffalo... 21. 11/21111 The unauthorized guide to getting your child into the. Buffalo Public Schools Child belt Behind. If your child attends one of these schools you are legally entitled to move them to a higher- performing school. t On Page 4 of the pdf, you will find a list of all the programs in the district, the'Iddress for each one, the grade range for each one, and an indication of whether uniforms are required. On this page, you Nvill also find the number for each program and a three- letter program code (GEN). (You 1%611 find school numbers and program codes for the criterion -based programs on Page 3 of -' the pdf.) When you fill out the application, you will need both the number and program code for each school you want to aPply to. The last three pages of the pdf are copies of the pages you are going to have to fill out and suh€uit to Ash Street. As you'll see, you can Iist tip to five choices. Dist them in order of your preference. Things can get a little confusing, In some cases, you can apply for more than one program at the same school. For instance, you can apply fora general seat at Olmsted 64 (in which case vou'd use GFN as your program code) -- and you can also apply for a seat in the dual language . immersion program there (program code IMP) -- and you call apply for a seat in the gifted and talented program there (program code G /T). So you could, theoretically, put down Olmsted three different times, using a different Program code each time. .Legally, the district has to give your chill a seat somewhere in the district. But it doesn't have to be a school at the top of your list. A little more than half of applicants get their first choice. Another 20 percent get their second choice. The final thing you need to know is that the Ash Street center is open 8 ami, to 4 p, m, Monday through Wednesday the week of Thanksgiving, and then 8 a.m. to 4 pan, Monday through Friday all other weeks. But remember, the applications are due on Monday, Nov. 28. Here's the phone number for Ash Street: 816- 3717. Good luck. If all goes as planned, you should find out by April to which school your child got a seat in, _- MCi3ryPefscink facebook, corn /niary.pasciak twitte;x %coin /SchoolZoneBlog mpasciak a.buffnews.com Comments SORT: NEWEST FIRST 1 OLDW MR,ST This article makes it sound like nobody manages to apply to the Buffalo Public Schools, but it really isn`t rocket science. You go to the website, you hover over "Our. Schools "and pick "Admissions Process ", That tells you how to get an application and when it is due. Ifyou then clickon'Elementary Schools "you get further information about the sibling and proximity preferences. The application itself is straightforward enough. For what it's worth, when we handed ours in, they said we ought to hear hackso €netime in January. Last year we didn't find out until April or May, though. JD814I1TIT11 oil Suit NOV 20, zot€ ai c3 2:11; I'M No wonder parents are so disillusioned about the schools. The process of enrolling is so Draconian,........ And then, your child could be assigned to a building without your knowledge. , buffalonews.com /.. , /a- parents- guide -to- student - registration -in- the - buffalo... 3/1 WKBW - TV I A.G. Schneiderman Announces Settlement to Clean up Central Park Plaza... Page 1 oft 0003(11 1 WKBW - TV Buffalo, New York Print this article 7`[f72t2 {tf4j printed at ItHp :, %21'?t fi uk- bu),cmJ i "'11Lt�iI� {11" A O- -Sell?leide IIIn11�A on{) ;l.ces• S4."i ni —to- By WKBW News November 22, 2011 Buffalo, N.Y. (WKBW release) as Attorney General Eric T. Schneiderman on Tuesday announced a settlement ordering Samuel Kurz and Central Park Plaza, LLC, the Brooklyn -based owners of Central Park Plaza, to clean up the property that has become a dangerous blight in the heart of a Buffalo community. Central Park Plaza, a 29 -acre site located at 129 Holden Street, was once a thriving property with many commercial tenants, but as a result of the failure of its owners to maintain the site, the tenants left and it has become a haven for criminals who engage in dog fighting, drag dealing, and other various crimes. The site, which is located in Buffalo's Masten District, is surrounded on all sides by residences and apartments. With five schools located in close proximity to Central Park Plaza, the area is heavily traff=icked by neighborhood adults and children. "For years, residents living near Central Park Plaza have had to live in fear of this eyesore and dangerous public nuisance located in the heart of their community. As a result of this settlement, those days will be over soon," said Attorney General Schneiderman. "This neglect has threatened the health, welfare and safety of its residents and my office is committed to cracking down on absentee landlords who devastate our neighborhoods." The property is unlit at night and often draws vandals and thieves into the community, puts neighborhood residents at risk of being the victims of crime, and allows individuals to dump garbage and trash into the plaza. Moreover, the unlit plaza is a danger to pedestrians and drivers because the parking lot is riddled with cavernous potholes and other obstructions. http : / /www.wkbw.com/internal ?st= print &id = 134327078 &path = /news /local CJ 11/22/2011 WKBW - TV I A.G. Schneiderman Announces Settlement to Clean up Central Park Plaza... Page 2 of 2 With no ro er security, p p criminals routinely break into and vandalize the buildings at Central Park Plaza. Making matters worse, the unsecured buildings attract neighborhood children who are able to enter the buildings at an imminent risk to their safety. „ People were fearful of that plaza and didn't even feel safe sitting outside their homes. We should not have to live like that," said community activist & resident Beverly Davis. "The place was dangerous and nothing was being done by this owner until Attorney General Schneiderman came in. This is wonderful." Community member, Joy McDuffie said, "We watched Central Park Plaza go from a once Abrant place to a 29 acre eyesore. What is essential for this community is a redevelopment of Central Park Plaza. It was great to see Attorney General Schneiderman's office get involved and get the process of redevelopment moving again." Under the agreement with the Attorney General, Kurz and Central Park Plaza, LLC must pay for and clean up the property. The Consent Order also requires the respondents to: Light Central Park Plaza from dusk to dawn Patrol Central Park Plaza from dusk to dawn Repair or secure all broken windows, holes in exterior walls and doors Remove all trash and debris Cut and remove all overgrown weeds and grass In addition, the agreement requires that the respondents sell Central Park Plaza as soon as practicable and bars them from owning property in Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. http: / /w- " /internal ?st —print &id = 134327078 &path = /news /local 11/22/2011 November 29, 2011 00037 �O B. Baumker, Agent, Use 333 Amherst St for a Vole Sign (no pub hrg)(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NAME O AGEN V4�NER ADDRESS PROTECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LE AND CITY PLANNING BOARD. .MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. r City of Ouffalo SIGNS Building Application 66 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)861-5472 y � Report Date 11/21/2011 11:48 AM Sub mitted By D GRUND Page 1 A/P # 174438 staties Date i Time By Date I Time By Processed 11/21/2011 11:47 GRUND Temp COO Issued COO Final Expires Associated Info Type of Work # Plans 0 Declared Valuation 15000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name CfJMMQ1V COUNCIL ? F'f?I701/AL REQUIRED, SECTIfJN 367 19, FOR A POLE SIGN. NO PUBLIC NEARING, NO FEE. PLANS REQUIRED. Parent A1P # Project # ProjectlPhase Name Phase # Size /Area Size Description -�jy rF 41 �. ✓ rte_ -.,Y. �-" - ,_�..,: -_ _ -�.�: .,. -«w.( ��`�.. <.` y y-,._ ,� Y . _.<. > - _ - - - ..:: Address 333 AMHERST ST BUFFALO NY 14207 - Location - L. Contact ID AC273203 Name 345 AMHERST ST CO. LLC Mailing Address PO BOX 1027 Organization city BUFFALO State /Province NY ZIPIPC 14240 Country USA ❑ Foreign Day Phone Evening Phone Fax M # Occupant N From To owner Y From 03/17/2005 To Contact ID AC1224826 Name BENENSON CAPITAL COMPANY Mailing Address , Organization City 708 THIRD AVE StatelProvince NEW YORK NY ZIPIPC 10017 Country [❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO owner Y From 02122/2005 To 05/06/2007 Contact ID AC27362 Name BENENSON CAPITAL COMPANY . Mailing Address Organization City. 708 THIRD AVE State /Province NEW YORK NY tPIPG - `1t3D17�s w_ .;�. �, _ -.: ., --- Oountr - .; _ ❑ : Foreign Day Phone Evening -phone :Fax. Mobile# . Occupant N <. From To Ow Y From 05128/2000 To 05/06/2007 No Addresses are linked to this Application 3� emu - No Addresses are linked to this Application City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 111211201111:48 AM Submitted By DAVID GRUNDY Page 2 osa�5oaoo6on1121 No Parcels are linked to this Application No Applicant Contacts. Primary Y Capacity Type Effective Expire Contact ID C1008 Name WILCOX BROTHERS SIGN CO Phone (716)213 -0797 x Fax (716)213 -0798 Address 317 WHEELER ST Comments TONAWANDA, NY 14150 - No Comments TIME I NNER �= s,z. �. 'WO -— m-MR - 0 . 7 � ST�� ��z`✓'.: 549907 SBU AC796608 WILCOX BROTHERS SIGN CO. Check Fees Fees Failed APPLICATION FEE ($25,00) Unpaid SIGN PERMIT FEE ($56,00) Unpaid APPLICATION FEE - FLAT FEES ($25.00) Unpaid FLAT FEE POLE SIGN AT COMMERCIAL SITE ($75.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) SBU License Valid Check Children Status Children Successful Check Open Cases 0 APPLICATION FEE SIGN PERMIT FEE APPLICATION FEE - FLAT FEES FIAT FEE POLE SIGN AT COMMERCIAL SITE There are no Inspections for this Report U U U U Total Unpaid 100.00 Total Paid 0.00 0.00 25.00 75.00 0.00 . City of Buffalo SIGNS Building Applicati . 05 Niagara Square Buffalo. :NY 14202 (716)851 -4949 Fax (716)851 -5472 'A s ; Report Date 11/21/2011 11:48 AM Submitted By DAVID GRUNDY Page 3 MR No Conditions ������ A ��.: =yam - �� ���: '✓s,s %T � r ��_ � _.. a - �`� �`"ia - r_v�. There is no planning condition for this project. 5 a- ' �; �.-'i - ra No Records for This Search Criteria ggg p � . " � fa x r✓ }, rM - 3-- �,� ,z '>z .:-,r. -`" Y ' r „ � rr"� - 7�r -.�" ?, y ✓ '-,s " -.,�, ..-� '� .jE t�� ��^� a ��r ..- v.�'_ -�� rr__..�,✓r_ -. -..r .ti J `ry -: _,_Tr'� -., � - 7 �. =v��rs r.�.`.. s. ._.ice... ,- - _,-7� �,..�_ �`y" s. �y r-� - W _:�c - -,�9 Q Work Done by Owner ❑ Zoning Board of Appeals POLESIGNCO FLAT FEES ❑ Work Without Permit (FINE) NO. 'TYPE OF SIGN SIZE(S) TOTAL SQ.FT. HEIGHT 1 Pole Sign T BY 10' 18 70.0 0 Ground Sign = 0 0.0 0 Wall Sign = 0 0 Awning Sign = 0 0 Advertising Sign = 0 0 Projecting Sign — 0 0 Roof Sign — 0 Zoning District. .. _C2.!•M1 _'ry,5� ✓ _ r r -. 'r ! r.r s .ih y. v� .,� '>' .,^' - rr`C yw .w .r' cs"` �' r� .j 3 There are no Items in this list u" �-�.� •�` �.-- 2 � -_ �:'� ���`�����.�� -:� � —. - .sue � �- �i �. - 'f �s`��x ?,��=� -. � - - -� r?ti � �� ���r�� -. � -���r �� No Employee Entries " - -dam - 5= , ..���%�� "tY �- �5 r ��-;�' � �.�r -� � �� ��i - - �,,,.�� y� %�N � .-� �.✓ ''' "" ' �" X � -: - �*'- tr�x"�-�.��- �� -1�T �-- `a._��- ���� -�.� ���- �� -�'--- -�� �_ --^_,^ -� -•�� -�. reec��".�T'F�. = >s No Log Entries NOTE: SENOERSON GROUND LEASES THE PROPERTY FROM TOPS g§T STREET +g a :o ao ao scx:,E No-[er: � °nury e TOPS PLAZA ��l CiVFF1J,�, NF.Nf YORif tE�OT Pu[A+CH7Y P70', 21 fKV oJ.1;L10 $ I D 1t5QN LEASING PLAN J -� i I 1 TII:�:: a .........: Lu W i Ly C!3 7 IGNAL G 5lC.PWL +! a :o ao ao scx:,E No-[er: � °nury e TOPS PLAZA ��l CiVFF1J,�, NF.Nf YORif tE�OT Pu[A+CH7Y P70', 21 fKV oJ.1;L10 $ I D 1t5QN LEASING PLAN f 0038 C. Lazarus,. Agent, Use 1379 Niagara St for LED Freestanding Sign: (no In g)(Nia) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD All aos 1 l NA1i4E AGEN OVN PROJECT THE A,.TTACBED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. CS MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF TIDE CITY PLANNING BOARD (851-5086) TO DETERMINE WDETI-IER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Buffalo SIGNS Building Application £-65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)869 -5472 Report Date 11/23/2011 11:28 AM Submitted By FLD Pag 1 AIP 9 174463 Bate I Time BY hate 1 Time BY Processed 11121120'11 14:50 GRUND Temp COO Issued COD Final Expires Type of Work # Plans 0 Declared Valuation 310€10.00 Dept of Commerce' # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill. Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name COMMON COUNCIL APPROVAL REQUIRED, SECTION 387 -19, FOR FREESTANDING SIGN, NO PUBLIC HEARING, NO FEE, ZONING BOARD APPROVAL REQUIRED, SECTION 511 -104 A(2), FOR L.E.D. ON POLE AND MORE THAN 18" FROM BUILDING, AND 387 -18 FOR LIGHT NOT OF CONSTANT INTENSITY. PLANS REQUIRED. Parent. A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 1.379 NIAGARA BUFFALO NY 14213- Location Contact ID AC273364 Name MARTIN PECORARO Mailing Address 1379 NIAGARA ST Organization City BUFFALO State/Province NY ZIP /PC 14213 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 12/29/2006 To Contact ID AC 1227114 Name TRIPI JOSEPH F PECORARO MARTIN L SR.; Mailing Address Organization City 1379 NIAGARA ST State /Province BUFFALO NY ZIP/PC 14213 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02122/2005 To 05106/2007 Contact ID AC29661 Name TRIPI,JOSEPH F PECORARO,MARTIN L SR; Mailing Address 1379 NIAGARA STREET Organization City BUFFALO State /Province NY ZIP/PC 14213 Country USA ❑ foreign Day Phone Evening Phone Fax. Mobile # Occupant N From To Owner Y From 05128/2000 To 05/06/2007 There are no inspections for this Report ctry of B�,rt�ra SIGNS Building Applicct��n 65 Niagara Square Buffalo, NY 14202 (716)851 -49 FaFax (716 }8515472 Reportt] ate 91123!2017 112$ AM Submitted By FLD Page 2 No Addresses are linked to.this Application . Addresses are linked to this Application 0888200008023000 No: Parcels are linked to this Application No Applicant Contacts primary Y Capacity Type E'ffeativa Expire Contact ID INNOVI Name DKM SIGNS Phone (716)895-9595 x Fax Address 979 NORTHAMPTON ST Comments BUFFALO, NY 14211 - Chris Lazarus 8959595 No Company /Contractor Licenses :Check Fees . _ WIN Fees Fa iled APPLICATION FEE ($25.00) Unpaid SIGN PERMIT FEE ($0.00) Unpaid, Waived ZONING BOARD FEE ($75:00) Unpaid APPLICATION FEE - FLAT FEES ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Invalid License(s) SBU License Not Found Check Children Status Children: Successful Check Open Cases 0 SIG PERMIT FEE U 0.00 APPLICATION FEE A 25,00 APPLICATION FEE - FLAT FEES U 25.00 ZONING BOARD FEE A 75.00 Total Unpaid 125.00 Total paid 0.00 There are no inspections for this Report City of Buffalo mmT SIGNS wilding Application ,,55 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 1112312011 11:28 AM Submitted By FLD .. Page 3 There are no Review Activities for this Report Detail. 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Datellrme 11/23/2011 11:26 Comments No Comments PRIOR APPROVALS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review [] Multiple Dwellings Plan_ Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau Btlo Arts Commission ❑ Arts Comm. Approval City Survey (con's) ❑.Subdivisions Permit Once ❑ Asbestos Survey . ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 ❑First Insurances Check ❑ public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 El Notarized Permission/ for ortabte si one P g year Y ❑ Encroachment ] CanopylMarquee ROW tease showing Use ❑ RodentfVermin Bait encroachment ❑ Oversize Trucking ®Freestanding Sign ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑Simple Demolition ] Telecommunication [j Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Restricted Use Permit El Zoning/Use Check ❑ Tree over 4" at 4' City Planning ❑Other ❑ Thruway Sign approval [I Citywide Site Plan Subdivisians E) Subdivisions Environmental Review Board E) Zoning Variance Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By D1GEF Modified DatelTirime 111231201111:26 Comments . Vo.Comments _ PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review [] Multiple Dwellings Plan_ Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau City of Buffalo m SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)551 -4949 Fax (718)651 -5472 Report O6te 11/2312011 11:28 AM Submitted By FLD Page 4 t!s 1 A ;3 _ 0039 Appoint Junior Accountant(Temp)(2 " step)(Dabney)(Compt) CCP## 6,11115 Mrs. Russell moved That Communication 6 of November 15, 2011, be received and Filed and that the Temporary Appointment of Victoria R. Dabney, 125 Progressive Ave Lower, Buffalo, NY 14207 at the Second Step of $35,226.00 is hereby approved. PASSED AYES - 9 NOES _ 0 Recommended by the Committee on Civil Service J�i3� f i * AYE * O d l TANA GO R ryryry _ L O T ' PRIOD K iF R" yy RIVEPA A R RIMSIS .. smm iF Tf F yy yy� yy b. 6 3 14- 7 4000 Appoint Chief Pumping Plant Engineer(Prov)(2" 1 step)(Moffert)(PW) CCP# 14 Mrs. Russell moved That Communication 14 of November 15, 2011, be. received and Filed and that the Provisional Appointment of Andrew Moffert, 775 Abbott Rd, Buffalo, NY 14220 at the Second Step of $38 is hereby approved. PASSED AYES - 9 NOES -0 Recommended by the Committee on Civil Service 1 213.6' 3-14- 7 * YF, *NO* FOAN . FWCZYK GOLOMBEK KEARNS LO T PRIDGEN RPARIA RUSSELL 213.6' 3-14- 7 0004 Notices of Appointments- Temp /Prov /Perm ( #21,11 /15) Mrs. Russell moved That the above item be the same and hereby is Received and ailed ADOPTED Recommended by the Committee on Civil Service �i.� _ _ - y, r a 00011; B. Boyarski- American Wtr Resources -Wtr Sewer Line Protection Prog Mr. Kearns moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Finance L_� 0003 Buffalo Water Bd Report 10 /2011 (#24,11/15) Mr. Kearns moved That the above Item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Finance cx J. Pajak-- Additional Documents -146.1 Main Project(Mas) (428,1'l/B) Mr. Kearns moved That the above item be the same and hereby is Received and filed ADOPTED - =- Recommended by the Committee on Finance 000E K. Linder -A. Perry --2012 Capital Budget & Bond Sale Recommendation (09, 10/18) Mr. Kearns moved That the above item be the same and hereby is Referred to the Committee of The Whole ADOPTED t ' Recommended by the Committee on Finance U04' D. Franczyk -A. Brown- Occupy Bflo Req to Speak at Council Meeting ( #42, 1111) Mr. Kearns moved That the above item be the same and hereby is Received and piled ADOPTED Recommended by the Committee on Finance 00047 M. LoCurto- Creating A Property Tax Hardship Assistance Program ( #47, 1 11.1) Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 04 M. LoCurto -Info Re Chase Studies ( #48, 11 /1) Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 0 MUM Supporting the 2011 United Way Annual Compaign (#97, Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED l- , D. Rivera-2012 Capital Iprov Program. Budgeting Process ( #47, 6114) Mr. Kearns moved That the above item be the same and hereby is Referred to the Committee of the Whole ADOPTED 0005_ R. Fontana -M. Tritto -Req for Summer Youth Funding From Asset Forfeiture Fund (#36, 5/31) Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED 3 Recommended by the Committee on Finance ���� - p - Q0051 o J. Pajak -J. Booth -Bflo Pedestrian Adv Bd- Sidewalk Snow Clearance Plan (#22, Nov 15, 2Q 11) Mr. LoCurto moved; That the above item be the same and hereby is Received and Tiled ADOPTED Recommended by the Committee on Community Development J`/ Permit Ellicott Redev Foundation to sell 221 and 291 William (Item No. 89, C,C.P., Nov. 15, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be approved. Mr. LoCurto moved: That, pursuant to Article V of the New York Mate Private Housing Finance Law, the Common Council hereby approves the sale. of 221 and 291 William Street from Ellicott Redevelopment Foundation, Inc. to Morgan Ellicott Apartments, LLC, as Assignee of Somerset Development Group, LLC for $2.5 million. Passed. Recommended by the Committee on Community Development Chairman TAB :rmv TAwpbolmsword\unv\ 15e.11- 29c.doe L 1 , }. © ®AYE`gU* . .£ONTANA m A \ FRANCZYK - A } . ■ . �GOLOMBEK ° f . KEARNS -a ■ & LO TO e ■ e , . . f G \ . . . $ . RI : ® :.......... ........... .. .... ..::.. , . . ..... .... . ..... . ... . .. y . .RUS .... .. ..... . ..... � . . A a ■ < 00 0 A. Ortiz - Public Comment Ike .430 Jersey 3t: ( #83, September 6, 2011) Mir. LoCurto moved: That the above item be the same and hereby is Received and Filed ADOPTED J Recommended by the Committee on Community Development Al � I III 1 11 111 0005) 5 Recommendation Re Application for Landmark Site - Buffum St. (South)(Present Bd) (Item No. 1, C.C.P., Nov. 15, 2011) That the above item be, and the same hereby is returned to the Common Council. with a recommendation that it be approved. Mr. Golombek moved; That the Common Council hereby designates the "Buffarn Street Site" also known as the "Buffum Street Site" located in the parkland bounded by Buffam Street also known as Buffum Street to the North and Fields Avenue to the east be approved by the Buffalo Common Council and thus designated as a City of Buffalo Local Landmark. Passed. Recommended by the Committee on Legislation Chairmarr TAB:rrnv T Axvp60 \mtivordVmv117c.11- 29c.doe i� I)- k I /A . & ■ e ` -§■ 20-6 # e # 31 4. 7 # a e .AYE`7O` `) . ■ . . ONTANA . . . FRANC . . . .�GOLOMBEK & } & . S. a ■ . ; . • . . , - £O 7O e ■ a . f G� . , ¥ . � ■ ..::....:....: ......... . ...... . .... ......._.: . . . . . : ... . : . RUS ■ w .... ..... ... : .. . ...... . . � . . SBHM . & ■ e ` -§■ 20-6 # e # 31 4. 7 # a e D. Pridgen -M. Smith - LaSalle Park Closing Hours ( #30, 11115) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 0005 D. Pridgen- Letter from Mr. Baxter Re Sale of 311 .Madison by COB ( #31, 11 /15) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 00 V 5 8} f�� D. Pridgen -Info Marijuana Theme Candy (x`34, 11/15) Mr. Golozxabek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation ab 0009 Food Store License (New) - 1.624 William Street (Lov.) (Item No. 26, C.C.P.; Nov. 1,2011) (Item No. 34, C.C.P., Nov. 15, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombek moved: X' t th Tha purs�ant to Cl ete 94 of the City Co` , the C� nissioner f� Pe�a�i and Inspection Servies is her by auh6d to issue a Food St c ore License to Ahmed Naahir d /b /a Bluntvill Distr uan, Inc. for 1624 William Street. ssed. T,4S :Ally T:IwpWinswordlmM21 c.11- 29c.doc A Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation JIII W 0000 Ordinance Amendment -Ch 309 Parks and Other Open Spaces (##74, 11/15)(#96, 11/1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation . al� ;ha 0000;1 Snow Removal Standard Operating Procedure 2011 -2012 (PW) ( #21, 10/4) Mr. Golombek moved; That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation J3 0 0 0 6 2e J. Roganski- Oppose New Billboard 396 Kenmore (Univ) ( #71, 916) Mr. Golombek moved: That the above item be the same and Hereby is Received and Filed ADOPTED %-,� "- �r u , u Recommended by the Committee on Legislation tl E/ fy E �s. Great Lakes Experience on Outer Harbor (exe resolves) (Item No. 88, July 26, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be referred to the Waterfront Committee. Mr. Golombek moved: That the above item is hereby referred to the Waterfront Committee for further discussion and consideration. I Recommended by the Committee on Legislation Chairman TAB:rinv T:hvp601msword\mivl25c.I ] - 29c.doc J. Golombek -P. Galvin - Complaints Foods Trucks Operating Illegally ( #43, 11 /1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED I L Recommended by the Committee on Legislation n ry ] V l 00065 J. Golombek -M. Schmand -Bflo Place Resolution -Food Truck Support in Spec District Area (##45, 11 /1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation C,�,4*�Jn 9-1 00064 Ord Amend -Ch 316 Peddling and Soliciting - Mobile Food Vech (490, 7/26) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED %WO - Recommended by the Committee on Legislation t �d a� 0006 Response Ord Amend Ch 316 Peddling & Soliciting Mobile Food Trucks ( #26, 9120) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 0006 M. Kooshoian -Info Ord Amend -Ch 316-Peddling & Soliciting Mobile Food Truck Leg (#39,9/20) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation C) 00069 M. Kooshoian -Info Ord Amend 316 - Peddling & Soliciting Mobile Food Veh ( #74, 9/6) Mr. Golombek moved: That the above item be the same and hereby is Received and Piled ADOPTED q��,qw �n, 'i I u Recommended by the Committee on Legislation j T. Kyriakopoulos- Concerns Food Truck Operating Too Close to Restaurants ( #44, 7126) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 3'� Response-Regulation Mobile Food Truck Vendors(EDPI) ( Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation. 3, 3 d1 J'f q} � 007 M. Schmand -Bflo Place Resp- Regulation of Mobile Food Truck Vendors (#74, 4/19) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation E> 0 073 Regulation of Mobile Vendors in the COB. ( #110, 4 /5) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation milm D. Franczyk -M. Cullen & S. Glascoe-Mobile Food Vending ( #27, 3/8) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation r �'�F 0 0 0 7 D. Grotke-Food Truck Dispute ( #47, 1010 Mr. Golombek moved: That the above item be the same and Hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation �1 Recommended by the Committee on Legislation 0007 Info from Spec .Leg Mtg- Mobile Food Vending ( #48, 1010 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 000' !;4 S. Mulligan -Info Food Truck Regulations (#50,10/4) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 00071 ` Restaurant Dance License (Renewal). 946 Main Street .(Item No. 28, C.C.P., July 26, 2011) (Item #108, C.C.P. Sept. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council without a recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Restaurant Dance Class IV License to Roslyn Righetti @ 01-IM Ultra Lounge located at 946 Main Street, Passed. Recommended by the Committee on Legislation TAB:ry TA%vp601ms«ordlnnv \40c 11.29c.doc Chairma Eta \ ^AYE`RO* . .FONTANA . FRANC & . OLO ° . . . . ■ ' . . KEARNS w a . . . . . . £OTO & ■ a . . PRIODGEN as. . . �2 e ■ & . . . . . . . .... . .... .. .. ..... . .. s . .. RUSgFJL a A e . SNM A ■ a � & # ■ . �& m ■ A 21 3-6 & ,. A ■ . . - 4- 7 & & 0�� M. LoCurto-Main Street Damage (462,4/19) Mr. Golombek moved: That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee on Legislation -jl Special Commiftees �; -1 �. /' �' � � Capital Budget Recommendations(2012) & Capital Improvements Program Recommendations(Mayor) CCP# 1, 1111 Mr. Fontana moved That the move item be the same and hereby is Returned to the Common Council Without Recommendation. Mr. Fontana now moved to approve above Item as amended PASSED d q-A SUBMITTED BY: Mr. Fontana SUBJECT: Amendment to the Mayor's 2012 Recommended Capital Improvement Program and Budget WHEREAS: In order to best serve the taxpayers and residents of the City of Buffalo, NY the following Amendment to the Mayor's 2012 Recommended Capital Improvement Program and Budget is in order: DELETIONS: Building Abatements (BLDG 12027) $250,000 ADDITIONS: Buffalo River Park Access Improvements $75,000 North District Infrastructure Improvements 50,000 Hertel Avenue StreetScape 50,000 Niagara District Infrastructure Improvements -- Sidewalks 75,000 Total $250,000 That The Budget Modification shown above as relates to the Mayor's 2012 Recommended Capital improvement program and Budget be approved by this Honorable Body. AND BE IT FINALLY RESOLVED: That this Honorable Body approve'without amendment, all other program and budget lines in the Mayor's 2012 Recommended Capital Improvement Program and Budget, RICHARD A. FONTANA Common Council Member - Lovejoy District Common Council Majority Leader * A. * NO * FONTANA FRMCZYK s- " LOCURTO PRMGEN RMERA p 6 -6 314- 7 l3 RESOLUTIONS November 29, 2Q 11 By: Mr. Fontana Re: Ordinance Amendment Chanter 309, Parks and Other Open Spaces The Common. Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 of the Code of the City of Buffalo be amended to read as follows: § 309 -25. Hours. A. The parrs, playgrounds and public school grounds shall be closed each night between [the hours of 10:00 p.m.] sunset and sunrise the following morning, unless otherwise ordered by the Commissioner of Parks, and no person shall lounge about or remain in any of the parks, playgrounds and public school grounds during the hours when so closed. These prohibitions shall not 4pply to Cazenovia Delaware Front, LaSalle Martin Luther King, Jr. Riverside and South Parks which shall be closed each night between 10:00 p.m. and sunrise the next morning. [This] prohibitions shall also not apply to LaSalle Park, Broderick Park, the foot of Ontario Street and the foot of Hegel Avenue, which shall remain open 24 hours a day for fishing purposes. B. Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class C fine in the amount of $52.50. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law. 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: fimothy A. Ball Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. T: \WPW \TAB \Council — Ord Amd \chap309- hours(3) R REFERRED TO THE COMMITTEE t ON LEGISLATION. .000 8 RESOLUTION By. David A. Franczyk RE; Mayoral Appointments to the Public Collection Board of Appeals. WHEREAS, At the Finance committee Meeting held on November 22, 2011, several Common Council members in attendance, community activists and Martin Kennedy, Commissioner of Assessment and Taxation, discussed at length the growing.problems of city residents concerning user fee assessment and foreclosures conducted regarding late payments of user fees; and WHEREAS, The City Charter Sections 15 -45 to 15 -47, contains a mechanism for handling user fee appeals or billing discrepancies in past years the citizen user fee board of appeals operated effectively, affording citizens the opportunity to challenge their user fee bills for cause; and WHEREAS, The applicable sections of the Charter provide for the creation of a Public Collection Board of Appeals. Section 15 -46 of the City of Buffalo City Charter specifically asserts that the five (5) members of the board are appointed by the Mayor and removable at the pleasure of the Mayor. The Public Collection Board of Appeals can determine or hear problems with billing decisions made by the City of Buffalo; and WHEREAS, No Common Councilmember in attendance nor Commissioner Martin F. Kennedy could recall whether the board was reconstituted or whether appointments were made by.the Mayor in recent years to the user fee board; and NOW, T14EREF ®RE BE IT RESOLVED, That the Common Council requests the Mayor make the required appointments to -the Public Collection Board, as soon as possible. �- D id A. Franczyk C ommon Council President ADOPT RESOLVED THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE C-4 0008,3 RESOLUTION By: Michael P. Kearns Subject: Trailblazing Sign in honor of Christopher M. Verel Whereas, Trailblazing signs, otherwise known as honorary street names, are generally assigned.to honor and .commemorate noteworthy persons associated with the City of Buffalo; and Whereas, Christopher M. Verel, a native of South Buffalo, attended and graduated Bishop Timon High School where he was involved with football, chorus and excelled in theatre arts. Upon graduation in 1984, Christopher was awarded "Outstanding Achievement in Drama" an award that hadn't been handed out in 40 years. This was given for his theatrical performances in school and his -community involvement with Shakespeare in the Park and South Buffalo's Community Theatre. While still in school, Christopher received a 4 out of 4 star review from the Buffalo News for directing the production of "Steel Magnolias" ; and Whereas, After graduation from Bishop Timon High School, Christopher attended and Niagara University, followed by six years of service to our Country in the United States Army. After completion of his military service, he returned to South Buffalo to continue his involvement in theatre and worked with schools and inner city kids with Western New York United Against Drug and Alcohol Abuse. While with WNY _United, Christopher directed an award winning children's television production that was shown to K -5' graders in eight Counties across our region for over 5 years and featured live appearances and stage productions directed by him at schools and events like first night downtown and regional parades; and Whereas, After the tragedy of September 11, 2001, Christopher who once worked in the World Trade Centers in NYC as a licensed stock broker and financial advisor, left his position to go work for EEMA and the SBA as a disaster relief broker where he .helped towns, businesses and families rebuild after devastating events; and Whereas, A Trailblazing sign would be an appropriate honor for Christopher M. Verel, to recognize his dedication to community involvement in Arts and Theatre, numerous professional achievements, and his commitment to enriching the lives of children through arts, theatre and fishing. Now, Therefore, Be It Resolved, That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing signage proclaiming the portion of Fuhrmann Blvd. by S. Michigan Avenue, between poles 297 -323 (located across from the center median poles 320- 328) in the South District as "Christopher M. Verel Way "; and Be It Further Resolved, That the Department of Public Works, Parks and Streets is directed to erect the signs to this effect once all fees associated with the posting of the Trailblazing Signs have been satisfied. Michael P. Kearns South District Council Member ADOPTED 008 Date: November 29, 2011 Sponsor: Darius G.1Pridgen, Ellicott District Subject: Request for Town Gardens, LLC Investigation WHEREAS: Town Garden Apartments, also known as Town Gardens Phase 11, is a residential complex located at 440 Clinton Street, Buffalo, NY 14204; and WHEREAS: There have been numerous complaints filed by residents as to the deplorable housing conditions and unacceptable management of Torun Garden Apartments; and WHEREAS: Examples of resident complaints include, but are not limited to, excessive mold, poorly lit parking lots, lack of security, damaged gutters, broken doors /locks, and illegal drug activity; and WHEREAS: Town Gardens, upon personal inspection by the Ellicott District Council Member, was found to be in deteriorating condition, with poor maintenance of its facilities; and WHEREAS: The Ellicott District Council Office and City of Buffalo Common Council requested the property managers of Town Gardens, LLC to appear before the Common Council, who never successfully responded to the request; and WHEREAS: The City of Buffalo inspectors have also failed housing violations concerning Town Gardens Apartments; and WHEREAS: Town Gardens has, with little to no warning, made it mandatory that its residents have individual electric meters be installed in their respective apartments, thus greatly affecting household finances; and WHEREAS: The Ellicott District Council Office was recently contacted by prey Electric Construction Company in regards to a pending lawsuit with Town Gardens Apartments, wherein Town Gardens, LLC purportedly failed to pay the full amount agreed to of $222,554.00 for Prey Electric Construction Company's service of installing new electric meters this Fall; and WHEREAS: Town Gardens, LLC owes approximately $117,000 to Frey Electric Construction Company; and WHEREAS: Town Gardens, LLC owes more than $700,000 to Veolia Water for services rendered at all three (3) of their buildings; 69 A6, Ab Now, Therefore, Be It Resolved: That the City of Buffalo Common Council request that the New York State Attorney General and the Department of Housing and Urban Development conduct an investigation concerning the conditions and complaints of Town Gardens Apartments. Now, Wherefore, Be It Further Resolved: That the Buffalo Common Council request the Buffalo Water Board to initiate a Civil Proceeding against Towne Gardens, LLC and report back to the Common: Council, Be It Finally Resolved: That the City of Buffalo Common Council requests the New York State Attorney General or local authorities appoint a receiver to conduct the business of Town Gardens, LLC in order to ensure the health and safety of residents. Darius Pridgen Ellicott District Coucilmember Councilman Pridgen, Please contact me at your earliest convenience regarding the Town Carden Apartments complex on Clinton Street. Thank you. Sal Sciandra, Business Development Frey Electric Construction Co., Inc, 100 Pearce Ave. Tonawanda, NY 14150 phone 716874 -1710 .fax 716 -874 -0203 To Find out about the services we offer, click here: www.ftev- electric.com/movie 3C3 rc A +�«r: 7er rr ru i. Fv s °r te is 141 CaO [e 1e 0 a'IA -€MM, your se srmw Fri:y•� 1 1 "A,6,.tachMnt Alf May 12,20 I 1 Feldman Eton Street Buffalo, New York 142203 Re: Individual Apwft=t Electric M We are pleaW to provide yon with a quote to finnish and insU11 the neceway wiring field IsW and miscellarmn materials as per die N.E.C. Our wope of work will include dw following: e Furnish and install the mew channels with aWn bses located on dLe sick of your our price quotations based on the Svc scope of work for dw building : f i= Eleven buildings, h with one house meter and twelve apWrnent metem is ,158.00. T Fo `F" buildings, each with one house meter and ten aparm=t meters is $99,788.00. We have not included sales tax in our above. Sales tax will be invoiced at 8.75% on total in addition to the above quoted price unless odwrwiw directed by your written we sp reiste this opportunity to work with you and diank you for your ' and effort. l ld you have any guestiom cu ta, or require any additional . 'on please do not hesitate to cont our office. tfully submitted, Frey Electric Construction Company, Inc. .icCT'ff 100 Pearce Avenue, Tonawanda, New York 14150 Phone: (716) 874 -1710 Fax: (716) 874 -0203 MWE uww.Frey- 2ectric.com v@ your survice 4 ' � s AT TACMENT `8' Town Garden Apartment Project Agreement Dated 8f 16f 11 A UMO' €9I U 90 Each of the thirty -six building represents an average of $6,182.06 of the overall contract price. Owner to pay an initial deposit of 55,640.00 prior to grey commencing work On the first nine buildings. Owner to pay subsequent payments of $55,638.00 prior to the commencement of work far each of the remaining three groups of nine buildings. It is understood that payments will be made via an American express caul. Other than the initial deposit, ,should the Owner decide to prey on a cost of compledon method in lieu of the above deposit method, and continues uses American �'xpress for payments, then a three percent fee will be added to the contract invoices. WE 1 oo Pearce Avenue, Tonawanda, New York 14150 Phone: (716) 874 -1710 Fax: (716) 874 -0203 serv www.Froy Electric.corn �zh Account Number Cacstonter Name Home Phone Work Phone Glass Csarr nercial Milling Status Address UE M SWE 23W BROOKLYN, tom' 11230 TOWN GARDENS LLC Status Acthe { - x Billing Tye Normal Billing Cycle z Monthly Am (W7.10) 6M03 M.76 607.10 989.37 957'.34 psgm) 969.37 6788.01 978.43 6&7.41 978.58 4141.82 41.99 1,'175.60 2,098.28 '$,1336.64 1206,25 881.53 1„210.08 864.x€5 1,138.57 845.72 Balance 97„,'.40 .37 95.289,51 94,SW.14 93.342,801 94,332.17 93,$42M 92,8,79 91;69 ZI 91.01&90 90,4.32 89 39.356.51 88,186:91 86 @2.63 84 ,975-.99 83,7W.74 82,888.21 81,67a-13 80,813-.68 79 675.11 Ses moo L.acatscern = <AJI> 225 E tC35E' RY Usteai From fast 24 MwIhs Dew4p ion Bate Charge 11812011 Charge 118172011 pemaft + 11812011 Charge '118182011 Pernafy SdR IR011 Charge 9f3i'lP2011 Penafty 983132181/ 1 ?eroky 99,29F2i1'11 Charge 911a' ol Penalty 8811MII Charge 802011 Pere* d'81382911 charge 78182011 Pemily 6813820/1 Charge 6,+282011 CN pewity 58182011 Charge a,+3120'i 1 Chang; 481120111 PertaIty 38112611 charge 3811201 1 Penally 281112011 r Chharge VV2011 Penalty 1.813MI t TOWN GARDENS LLC Status Acthe { - x Billing Tye Normal Billing Cycle z Monthly Am (W7.10) 6M03 M.76 607.10 989.37 957'.34 psgm) 969.37 6788.01 978.43 6&7.41 978.58 4141.82 41.99 1,'175.60 2,098.28 '$,1336.64 1206,25 881.53 1„210.08 864.x€5 1,138.57 845.72 Balance 97„,'.40 .37 95.289,51 94,SW.14 93.342,801 94,332.17 93,$42M 92,8,79 91;69 ZI 91.01&90 90,4.32 89 39.356.51 88,186:91 86 @2.63 84 ,975-.99 83,7W.74 82,888.21 81,67a-13 80,813-.68 79 675.11 [`V Customer Maintenance - Ledger Page: 1 SeTvice Location <AX> JEFFERSON CORNER H Listed From � Last 24 Mwft VeWTptfon \- I— Customer Harm : ':TOWN GARDENS LLC W ork Phone Billing Status Hate Amount Status : Ac tive sifting Type Normal aiiling cycle Monthly (21,448.42) 21,411.tt€D 2,700.'59 21,448..42 2,379.41 11,214.65 (2,3'9.41) Z379.41 21,+111.3 2,466.61 2'1,411 1,886.79 44,508-07 1,037.,38 33,663.71 3a;s0108 9,750.03 33,497.06 4,545.69 4,546.09 4,08'6.07 303,708.10 4,386.07 r MOV.02 659A51,60 666,772.19 645 ,652-54 6:47;931: 645,652 624,M.7.4 621,674,13 WD 262,33 6 3 8,6i 554,167 A7 5%,1380.09 619,5113.38 435,714.30 4 ?5,964.22 442,467.16 437,920.47 433,373.76 42:3,287.71 396,579.61 Charge 1111d'2t]11 Charge 1111nCi11 Penalty 111112011 Charge 1111=11 Penalty 101112011 Charge 9f13124k11 Penalty sr9mll Penally 912912€F11 Charge 91112tb11 Penalty 81ITM11 Charge 8T MI I Penalty 7113121311 Charge 7IV2011 Pera ty 6113.P21}11 Charge MM 11 Charge 5rMI 1 LO Penalty e4113=11 Charge X6111 11 _ Penalty 3111,M11 Penalty 2N IrL k11 Penalty 1113120}'11 — Charge 1.IS1'2011 Penalty 12{53{2L IQ Amount Status : Ac tive sifting Type Normal aiiling cycle Monthly (21,448.42) 21,411.tt€D 2,700.'59 21,448..42 2,379.41 11,214.65 (2,3'9.41) Z379.41 21,+111.3 2,466.61 2'1,411 1,886.79 44,508-07 1,037.,38 33,663.71 3a;s0108 9,750.03 33,497.06 4,545.69 4,546.09 4,08'6.07 303,708.10 4,386.07 r MOV.02 659A51,60 666,772.19 645 ,652-54 6:47;931: 645,652 624,M.7.4 621,674,13 WD 262,33 6 3 8,6i 554,167 A7 5%,1380.09 619,5113.38 435,714.30 4 ?5,964.22 442,467.16 437,920.47 433,373.76 42:3,287.71 396,579.61 11/23/2011 13.05 7165662663 PAGE 22/23 ga�d491201 `{ Bldg. li Ejufto. NY 14204 - 1808 r Tttis is to MUfy you that on the t9 is of ou me review of your' Income and family "PostUer+, your rrontnIV nt M boon adjusted 10110M GonhW Rent .00 U MV Allow =6 $ Assl ance Payment C Total Tint Payment $ 325.00 Tenant Rent $325.00 The new rent i8 etteafive with tha rent due for the month of 1010112011, m��� �� � � Pr�r1 n� � your 3 of yo ur leas agraamont Which Sets the armnutt ()f t you pay tam remain in full force and efk& Tne nwo scheduled raa erffia on is 1014112012. Af�chad far your record is copy oftha Form 50058 ownere erdfiea of Compliance wim HUVs Tenant ute these fbm$ In I;IRM Of the Eligibility and Rent a sere ed your l gig, Tha 60459 9Yi0w lyre in r w� used previous 59 if an that HUD P M YS MOOMly on your E�alZatf. and v�erks to c fcuiate your nor rent and the anwunt of r tel 094IRn , Yr � y 101101aolz. � nin b low, you wlar�ethatyou have been Thy rtiexf sGite#iUlt� r o � ., Informed by this I"I&l Nott of When your ne muted teeerfifica 2fl de r �tf n u iedu� � t � r pnnd to a Reminder Notice that will 136 sera to you appro)drrMtety Y P an. it you dQ not respond to the Rerniuder N ee by 0O110120J2, your le gives us the right to rain m your rent wiihOut giving a so day not e. You M#y 0811 meat ( 716) 843a73 V you V46h to arrange a MeeUng to disau" the above. Thank you for your cooperation. Swo Z95Z9999jL 81 %01 jj6L /91 /TT CISAIM 085 BY: DEMONE A SMITH Appointments _ Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: ® Christopher P Walsh TOTAL 1 r: f 000:., ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 "' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil .Service Tuesday, December 6, 2011 at 9:45 o'clock A.M. Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, December 6, 2011 at 10:00 o'clock A.M. Tuesday, December 6, 2011 at 1:00 o'clock P.M. Tuesday, December 6, 2011 at 2 :00 o'clock P.M. (Public Disclaimer_ All meetin s are subject to change and cancellation b the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be rovided. In addition there ma be meetin s set a whereb the Cit Clerk's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can onl make notification of what we are made aware. 0008 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr,4 , the Council adjourned at GERALD A. CHWALINSKI CITY CLERK November 29, 201 I