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HomeMy WebLinkAbout10-1116-1109ssCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, November 16, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 3, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH I ___W_- __..W___] [ MAJ - S ] X213 - 6] [314- 7] * A " N O November 16, 2010 FROM THE MAYOR November 16, 2010 0000:1: SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 9, 2010 FROM: DEPARTMENT: Mayor/Executive SUBJECT: Permission to hang banners Buffalo World Junior Hockey Championship PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx, C.C.P. xxlxxixx) The City of Buffalo will host the Buffalo World Junior Hockey Championship on December 26, 2010 — January 5, 2011 at HSSC Arena. I hereby request permission to hang 22 banners (24" x 72 ") on Washington Street from Perry to Seneca Street; 2 banners 26" x 9'), 16 flags (2'x 3') and 2 across street banners (3'x 25' and 4' x 30') on Chippewa Street from Washington to Elmwood; 112 banners (26" x 9') on Main Street from Seneca to West Tupper and 2' x 3' flags on Delaware Avenue from Chippewa to Allen Street. The banners, flags and across street banners will be on display from November 25, 2010 through January 15, 2011. _- 14 �s t Washington Street Location: Perry to Seneca Street Number of Banner Brackets: 22 Banner Needs: 22 Size: 24" x 72" Chippewa Street Location: Washington to Elmwood Number of Banner Brackets: 2 Banner Needs: 2 Size: 26" x 9' Number of Flag Brackets: 16 Flags Needs: 16 - Canada, Finland, Norway, Slovakia, Switzerland, Czech Republic, Germany, Russia, Sweden, and United States — Intermix nation flags along street. Flag Pole Needs: 16 Size: 2' by 3' Number of Across Street Banners: 2 Banner Needs: 2 Size: Tx 25' and 4'x 30' Main Street Location: Seneca to West Tupper Number of Banner Brackets: 168 Banner Needs: 112 Size: 26" x 9' > 112 —Plan is to remove all current CVB banners and replacing with Buffalo World Junior Welcome Banners, Delaware Avenue Location: Chippewa to Allen Street Number of Flag Brackets: TB® Flags Needs:TBD - Canada, Finland, Norway, Slovakia, Switzerland, Czech Republic, Germany, Russia, Sweden, and United States. Flag Pole Needs: TB® Size: 2' by. 3' Request was submitted on 10127 to the CVB requesting number of flag brackets available to determine number of flags and poles to purchase. Projected installation by November 25` through January 15 ....with additional flags ordered to replace as needed throughout the period. Mr. Fontana. moved: That the communication from the Mayor, dated November 9, 2010, be received and filed; and That the Commissioner of the ]Department of p Works, Parks and Streets be, and he hereby is authorized to bang 22 banners, as more fully described at locations as fisted in the above communication, from November 25, 2010 through January 15, 2011 for the Buffalo World Junior Hockey Championship at HSBC Arena.. Passed. A T:1tvp6©Vnsww& mv\Ao 11- 16adoc *AO *NO* * FRANCZW * GOLOWN * s * KEARN * LOCURTO * RIVERA USSEM * * * * * * * aj ® 5 1 * ' 20- & 314- 7 '� FROM THE MAYOR - EXECUTIVE DEPARTMENT November 16, 2010 FROM THE OFFICE OF CITIZEN SERVICES 000 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 4 0 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Retort- October 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of October 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Department Head Name: Title: Signature of Department E`�Y City of Buffalo Citizen Services 218 City Hall Calls Between 101112010 and 1013912010 Calls. Between 1011/2010 and 1013912010 r 1 FROM THE CITY PLANNING BOARD November 16, 2010 ;JUU J SEQRA Notice of Determination Non Significance Negative; Declaration ! �' This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo planning Board Boom 901, City Mall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 310 Jersey Street Renovation N Location: 310 Jersey Street Type of Action: Type I- Coordinated Description: TRM Architects on behalf of Albino Glass Company is proposing the rehabilitation and renovation of a former fireho and later a contractor office and shop (Hogan Restoration) on the property located at 310 Jersey Street, Buffalo New York. The building did house the former Engine #2 of the Buffalo Fire Department. The firehouse was originally built in 1875 has had many modifications including new garage doors, windows and entry doors replaced. The new work will include both interior and exterior projects. The rehabilitation will replace the existing windows and doors, two new front entrances, a modification of a garage door opening into a store front, a complete replacement of the roof and the construction of a stair flower in the rear courtyard of the property. Site work will include new sidewalks, driveway, courtyard parking and new landscaping. The interior will receive work in all areas of the first, second and third floor. Four apartment units will be constructed on the second floor with two (2) two (2) story apartments, with their bedroom quarters on the third floor. The new stair tower in the rear courtyard will serve as a second means of egress to a new enclosed stair that will be built within the existing building. A retail space will be constructed in the existing ladder bay space. The garage will remain for use by the owner. The project will be privately funded in the amount of approximately 1,000,000 dollars. This project will also involve the use of tax credits and a formal submittal will be made to the New York State Office of Parks, Recreation and Historic preservation. The City of Buffalo Preservation Board has reviewed this project. City of Buffalo Zoning Board approval will be required, 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 preserve an unoccupied, deteriorating building that is important to the community as well as the City of Buffalo. 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 94202 -- 718 851 -5085 Dated: November 9. 2010 CC: City Clerk RECEIVED FILE City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection City of buffalo Zoning Board TRM Architects FROM THE OFFICE OF STRATEGIC PLANNING 00004 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 10, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: L Massachusetts Avenue Housing Development Plan PILOT, 597, 398 and 960 Massachusetts Avenue I PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie, and Massachusetts Avenue Housing Development Fund Corporation (Massachusetts). Massachusetts is an entity formed by People United for Sustainable Housing, Inc. ( "PUSH "). Massachusetts proposes to rehabilitate 11 units of affordable housing at 397, 398 and 460 Massachusetts Avenue. Of the eleven (11) units, four (4) will be one - bedroom apartments, four (4) two bedroom apartments, and three (3) three - bedroom apartments. The total cost of the project is $1,885,523. Funding sources include HOME federal funds of $400,000; Housing Trust Fund (HTF) in the amount of $1,347,313; Urban Initiatives in the amount of $100,000, and PUSH in the amount of $38,20. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (30) of the total income of proposed budget, assuming a five percent (5a) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. TYPE DEPARTMENT HEAD NAME: Brendan R. Mehaffy, TYPE TITLE: Executive Director, Office of Strategic Planning SIGNAT OF DEPARTMENT HEAD: 0: THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2010, by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at City Hall, 65 Niagara Square, Room , Buffalo, New York 14202 (the "City "), the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County "), and Massachusetts Avenue Housing Development Fund Corporation a New York not - for - profit corporation organized under Article 11 of the New York State Private Housing Finance Law, having its principal office and place of business at 271 Grant Street, Buffalo, New York 14213 (the "Taxpayer ") for the making of certain payments in lieu of real property taxes by the Taxpayer (the "PILOT Agreement "). WHEREAS, Taxpayer holds equitable and beneficial ownership of a tract of land improved with three (3) buildings and commonly known as at 397, 398 and 460 Massachusetts Avenue, City of Buffalo, County of Eric and State of New York and as further described in Exhibit A, attached hereto and trade a part hereof (the "Land "), and is the owner of eleven (11) units of affordable housing located on the Land and known as Massachusetts Avenue Development Plan (the "Project "); and WHEREAS, the development of the Project is of vital public interest to the City and the County, and WHEREAS, the development of the Project is intended to be affordable to low and very low income households, and affordability of the property for residential use by very low income persons shall remain consistent throughout the duration of the PILOT Agreement. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemtinn The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 1I of the New York Private Housing Finance Law. 2. Obligation of the Taxpayer to Male Payments in Lieu of Taxes. The City and County require, and the Taxpayer shall make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and County, subject to the terms of this PILOT Agreement. Page No, I Massachusetts Avenue Housing Development Fund Corporation f PILOT w 3. Reguirements of Taxpayer a. The development of the Project shall be carried out in accord with the provisions of Article 1 I of the New York Private Housing Finance Law and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and /or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. e. Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following issuance of a Certificate of Occupancy for the Project described herein (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Exhibit B, attached hereto and made a part hereof, in satisfaction of all real property taxes, ii) Twenty -five percent (25 %) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; Page No. 2 Massachusetts Avenue Housing Development Fund Corporation / PILOT iii) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C, The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement, 5. ][defaults in Pavment in Lieu of Taxes In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to therm for the collection of delinquent real property taxes, including, without limitation, in rear proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local improvements permitted by law. 7. Events of Default and Termination of Tax Exemption. a. An event of default ( "Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the New York Private Housing Finance Law, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3.(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (IQ) days after the receipt of Notice from the City or County regarding such default to cure such default. Page No. 3 Massachusetts Avenue Housing Development Fund Corporation / PILOT �f J C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. 'Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification. Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 Massachusetts Avenue Housing Development Fund Corporation f PILOT l 5 IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE Chris Collins County Executive Approved as to content for Erne County: Kathy Konst Commissioner, Department of Environment and Planning Approved as to form for Erie County: CITY OF BUFFAL &4u�" 1'�. 4*� By o W. Brown Mayor Approved as to content for the City of Buffalo: Martin Kennedy Commissioner, Assessment and Taxation Approved as to form for the City of Buffalo: Eric R. Ziobro David Rodriguez County Attorney Acting Corporation Counsel Document No.: Dated: Massachusetts Avenue Dousing Development Fund Corporation 1� TITLE: Page No. 5 Massachusetts Avenue Housing Development Fund Corporation / PILOT P_. Exhibit ,A . t.rr+a.rrseeconaae. awe tin,. awe ti„��r�q gg4 � s�,an se. s€a,,. enw, N, v. ,stns Mcde the day of #(160r r Nl Hundred and P 1: W e " Jamer F, Costello, 1844 R eighty -seven gsjert Road, Amherst, T1sw York 14226, €iarriet Kolveck, 285 Homestead, North Tonawanda, New York 14120 and Shirley Moran, 3065 Clover Drive, i Mesquite, Texas 75150 par! ies of the lint Part sad ,lames E. GostellO, 7944 Eggert Road, Amherst, NY 14226 party of the second part i t 2 , J thot the said part ies of the /irrt port, in condderation of One and No More patlartt no more ) lowfiil money of Me United Staten Paid by the part y of the tteoad port, dw hereby rernim, releaa and forever Quit- Clpi€n unto the said pert y of the racond pan, his heirs ondassigna forever, all ALL THAT TRACT OR PARCEL OF LAND, situate is the City Of Eaffalo, County of Rein and State of New York, being part of Slack 189 in said CitY sad further distinguished is Subdivision Lot nnvber S as shown on a reap filed in the ZZ ie County Clerk's Office under Cover Number ZEE hounded and described as follows; 58GINKING at a point in the northerly line of Haasaehuaatts Avenue 61.66 feet easterly from the easterly line of 14th Street; running thence northerly and at right angles to Hassachuaetts Avenue 120 feet; thence eaatarly and parallel to Haaaathusatts Avenue, 29.60 Feet; thence southerly at right angles 120 [set to the said line of Hassschaserta Avenue; thence westerly along said line of HAssathusetta Avenue, 29.60 feat to the place of beginning. Rl:CElYEf3 AUG IS 1987 TRANSFER TAX � ERIE 1".r� Ct1U A7TY+--�t Page No. 6 Massachusetts Avenue Housing Development Fund Corporation !PILOT n Exhibit Payment to Total Payment to the t- County of Year Pa meat Ci of 13uffaio Erie 1 1638.84 1229.13 409.71 2 1688-00 1266.00 422.00 3 1738.64 1303.98 434.65 4 1790.79 1343.09 447.69 5 1844.51 1383.38 461.12 6 1899.84 1424.88 474.96 7 1956.83 1467.62 48920 8 2015.53 1511.64 503.88 9 2075.99 1556.99 518.99 10 2138.26 1603.69 534.56 11 2202.40 1651.80 550.60 12 2268.47 170135 567.11 13 2336.52 1752.39 584.13 14 2406.61 1804,95 601.65 15 2478.80 1859.10 619.70 Page No. 7 Massachusetts Avenue Housing Development Fund Corporation 1 PILOT Mfr. Fontana moved: That the communication from the Office of Strategic Planning, dated November 10, 2010, be received and fled; and That the Common Council is authorized to approve a PILOT agreement between the City, County of Erie, and Massachusetts Avenue Housing Development Fond Corporation to rehabilitate 11 units of afordable housing at 397, 398 and 460 Massachusetts Avenue, the material terms of which are attached to the above communication. Passed 3 tf' *A *NCB FOA- filANCM G L O EK S RUSSELL SNNM S 213- 6 314- 7 0 5, # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE:. November 10, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Office of Strategic Planning SUBJECT: Permission to Designate the City of Buffalo as a Recovery Zone Us eTWO3I0=a1a a - : No gKIIIwlgIg The American Recovery and Reinvestment Act of 2009 ( "ARRA ") authorizes several new types of bonds including "Recovery Zone Facility Bonds," which bonds were created to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone. A "qualified business" is defined to include any trade or business other than residential rental property. Pursuant to the ARRA, the City of Buffalo (the "City ") received authority to issue, or cause to be issued, in a Recovery Zone, up to $7,151,000 of Recovery Zone Facility Bonds (the "Allocation "). The Recovery Zone Facility Bonds will not be a debt or obligation of the City. A Recovery Zone is, among other things, any area designated by the City as an area of significant poverty, unemployment, rate of home foreclosure, or general distress. The County of Erie previously designated all of Erie County a Recovery Zone for the allocation of Recovery Zone Facility Bonds issued in Erie County. The action by the County of Erie recognized that no community in Erie County is untouched by the national economic crisis facing this country as reflected by increases in the unemployment rate, the home foreclosure rate, and commercial and residential vacancy rates. The Office of Strategic Planning has determined that it is in the best interest of the City to recognize and the adopt the County's action by asking this Honorable Body to designate the entire City of Buffalo a "Recovery Zone" for purposes of ARRA. The designation shall immediately authorize the Mayor, for and in the name and on behalf of the City, to do all acts and things required of the City., or provided for by the provisions of the ARRA with respect to the City in connection with the use of the Allocation. DEPARTMENT HEAD NAME: TITLE: BRENDAN R. MEHAFFY, ESQ. EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING f SIGNATURE OF DEPARTMENT HEAD: P Mr. Fontana moved: That the above Communication from the Executive Director of the Office of Strategic Planning dated November 10, 2010 . be received and .filed and that the Common Council hereby: 0 Finds, declares and designates the City of Buffalo as a "Recovery Zone" or an area, that; among other things, has significant poverty, unemployment and home foreclosure rates and is further an area of general distress. e Finds, declares and designates the City of Buffalo as a "Recovery Zone" for purposes of the American Recovery and Reinvestment Act of 2009. 0 Through said designation, authorizes the Mayor, for an in the name of the City of Buffalo, to do all acts and things required of the City, or provided for by the provisions of the ARRA with respect to the City in connection with the use of the allocation. Passed. *A * O* * FO ' A * FRANCZYK * GOLD EK * HAYNES HEARNS LO TO * RIVERA * BUSS * swm aj� 2/3- 6 314- 7 #2 (Rev 1/95) SINGLE PAGE COMMUNICATION TO THE COITION COUNCIL 0000 " TO: THE COMMON COUNCIL: PROM: Dennis Sutton DIVISION: PRIOR COUNCIL REFERENCE: (IF ANY) DATE.: November 10, 2910 DEPARTMENT: Office of Strategic Planning l SUBJECT: [: Permission to enter into the NYSDEC [: Environmental Restoration Program and [: pursue a Temporary Incidence of Ownership [: for the purpose of assessing the Lehigh [: Valley Railroad property Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration program projects (ERP). The Office of Strategic Planning (OSP) believes it to be in the public interest and benefit under this law to enter into a contract with the State for the Lehigh Valley property, located at 110 Fuhrmann Boulevard (see attached map). After thorough consideration of the various aspects of the problem and study of available data, OSP has determined that certain environmental assessment work is desirable and in the public interest. The property is currently in tax foreclosure. Once the application has been accepted into the NYSDEC ERP the City will pursue a temporary incidence of ownership to gain access to the Lehigh Valley property for the purposes of conducting an environmental assessment prior to potentially assuming title to the property. Funding for the assessment activities will be sought through the U.S. EPA TRIAD program or the NYSDOS BOA program. The assessment information will permit prospective bidders at auction to be fully aware of any environmental liabilities associated with the property. We request this Honorable body authorize the Mayor to act on behalf of the City in all matters related to State assistance under ECL Article 56, Title 5 for the Lehigh Valley property. Furthermore, we request authorization for the Executive Director of the OSP to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City in all matters related to the Project and to State Assistance. DEPARTMENT HEAD NAME: Brendan Mehaffy TITLE: Executive Director, Office of Strategic Planning / SIGNATURE OF DEPARTMENT BEAD: Mr. Fontana moved. That the. communication from the Office of Strategic Planning, dated November 10, 2010, be received and filed; and That the Mayor be, and he hereby is authorized to .act on behalf of the City in all matters related to State assistance under ECL Article 56, Title 5 for the Lehigh Valley.property located at 11.0 Furmann Boulevard. That the Executive Director of Strategic Planning be, and he hereby is authorized to mare application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City in all matters related to the Project and to State Assistance. Passed. 5 1 • T:kwpsomw vksr,tt- 1sa.aoo ---------- FONTAYA FRANCZYK GOLOAMEK HAYNES ]KEARNS LOCURTO RIVERA RUSSELL SNffM Maj-5 2/3- 6 314 - 7 4 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 4, 2010 FROM: DEPARTMENT: Office of Strategic Planning q1WX4 MW SUBJECT: Report of Sale 488 Hickory, 369' N Sycamore Lot Size: 30'x 194' Assessed Valuation: $1,600.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Dalphne Coleman, 2489 Cayuga Street, Niagara Falls, New York 14304 to purchase 488 Hickory Street. Ms. Coleman owns a two family house at 484 Hickory, which is adjacent to 488 Hickory. She intends to use the vacant lot for additional green space for her tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($.75), per square foot. Ms. Coleman has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Seventy Five Cents ($35) 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 488 Hickory to Ms. Dalphne Coleman 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: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: ' JPH:ck Repsale488hickoryilre r i U Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2010, be received and and That the offer from Ms. Dalphne Coleman, residing at 2489 Cayuga Street, Niagara Falls, NY 14304, in the sum of Two Thousand and Five Hundred Dollars ($2,500.00) for the purchase of 488 Hickory, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and. that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. GI raB:rmu tAwp Mm=ord\xmv16c11- 16a.doc *AYE*NO #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 4, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 225 Loepere, 245.08' N Sycamore Lot Size: 30'x 108' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Shakera A. Choudhury, 207 Loepere Street, Buffalo, New York 14211 to purchase 225 Loepere. Mrs. Choudhury owns a two family house at 223 Loepere, which is adjacent to 225 Loepere, She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Five Cents ($.55), per square foot, Mrs. Choudhury has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Five Cents ($.45) 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 225 Loepere to Mrs. Shakera Choudhury in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 aryl 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: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE Of- )STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:ck Reporksa Ie2251oeperelrea I t Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2010, be received and fled; and That the offer from Mrs. Shakera A. Choudhury, residing at 207 Loepere Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 225 Loepere, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the salve, in accordance with the terms of sale upon which the offer was submitted. Passed. 7 TAB:rmv tA%vp60'4n&wardlrmv17c11 -16a dw 3 q KIBM *A 'M *NO* 00009 #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 15, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 397 Massachusetts, W Cor. Brayton Lot Size: 41'x 105' Assessed Valuation: Land $5,700.00 Total $15,000.00 398 Massachusetts, 30.30' SW Winter Lot Size: 30'x 105' Assessed Valuation: $4,500.00 Total $20,000.00 (Niagara District) PRIOR REFERENCE: C.C.P. Item # 5, October 14, 2008 In the above captioned item Your Honorable Body approved PUSH Buffalo on behalf of the Massachusetts Avenue Housing Development Fund Corporation , 271 Grant Street, Buffalo New York 14213 as the designated developer for properties located at 397 and 398 Massachusetts. The property located at 397 Massachusetts is a two family house with 5,098 square feet living area. The property located at 398 Massachusetts is a two family house with 2,160 square feet living area. Both structures are in fair to poor condition. Massachusetts Avenue Housing Development Fund Corporation has received funding from the Department of Housing and Community Renewal to renovate the houses. The Corporation intends to acquire, renovate both structures and rent to low income families. Total project costs are estimated at Three Hundred Sixty Thousand Dollars, ($360,000.00). The Division 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. Mr. Stephen Maraszek, Real Estate Appraiser for GAR Associates, Inc. was commissioned by the purchaser to estimate the Fair Market Value of these properties. He has estimated the Fair Market Value of 397 Massachusetts to be Five Thousand Five Hundred Dollars ($5,500.00) and Two Thousand Five Hundred Dollars ($2,500.00) for 398 Massachusetts. The City of Buffalo Appraisal Review Board has reviewed the appraisal reports and concurs with the appraiser's estimates of value. The Corporation has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500.00) for 397 Massachusetts and Two Thousand Five Hundred Dollars ($2,500.00) for 398 Massachusetts. The transfer tax and recording fees will be paid by the Corporation. Page 2 Report of Sale m- 397 & 393 Massachusetts I am recommending that Your Honorable Body approve the sale of 397 Massachusetts in the amount of Five Thousand Five Hundred Dollars, ($5,500.00) and the sale of 398 Massachusetts in the amount of Two Thousand Five Hundred Dollars, ($2,500.00) to Massachusetts Avenue Housing Development Fund Corporation upon the above terms and conditions. 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: JPH:ck Reportsale397 &398massaohusetts /real JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFIC„� ST EGIC P ING C .A 0 AAYE . � FO�ANA ® . � . . FRAN . � GOLO ® ^ k . � . BAYNES - � s O C` TO ® . ■ �� ■ RUSSE ® � ■ , & & ..§ ■ & 213- & ■ `. a 314- 7 000_' #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 9, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 777 Seneca, E Cora Hydraulic Lot Size: 30'x 168.93' Triangle Assessed Valuation. $500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Howard Zemsky, President of 598 Main Street, LLC, 726 Exchange Street, Buffalo, New York 14210 to purchase 777 Seneca Street. 598 Main Street, LLC intends to acquire this property, use as green space and parking in connection with the construction of an office building on the adjoining parcel at 799 Seneca Street, The Office of Strategic Planning Land'Use Planning Committee, Division of Permit and Inspection Services, Division of Collections, Department of Public Works and the Buffalo Sewer Authority have been contacted and there are no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. 598 Main Street, LLC has commissioned Mr. Robert Rubino, appraiser of OAR Associates, Inc., to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value of 777 Seneca to be One Thousand Nine Hundred Dollars ($1,900.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraiser's estimate of value. 598 Main Street, LLC has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00) for the subject property. They have also agreed to pay for the cost of the transfer tax, recording fees and real estate appraisal. The purchaser will provide a permanent easement in favor of the City of Buffalo Sewer Authority for the existing sewer that encroaches 777 Seneca at the southwest corner of Seneca and Hydraulic Street. I am recommending that Your Honorable Body approve the sale of 777 Seneca Street to 598 Main Street, LLC in the amount of One Thousand Nine Hundred Dollars ($1,900.00) upon the above terms and conditions. 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 JPH:ck JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING �I E Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 9, 2410, be received and flied; and That the offer from Mr. Howard Zemsky, President of 598 Main Street, LLC, located at 726 Exchange Street, in the sum of One Thousand and Nine Hundred Dollars ($1,904.00) for the purchase of 777 Seneca, be and hereby is accepted, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and That the Circe of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 8 TAB:x v tAWpW\=wmdWmvI8ci I- 16a.doc * AYE *NO* 314- 7 FOA * c * LO E * * KMMS * itivialu RUBS * * * maj 213- 6 314- 7 00011 #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 66 & 68 Lester Street Niagara Ceramics Corporation (Lovejoy District) PRIOR COUNCIL REFERENCE: Item #16, C,C.P. 1/10/06 In the above referenced item Your Honorable Body approved the sale of 66 and fib Lester to Niagara Ceramics Corporation, 75 Hayes Place, Buffalo, New York 14210. Several notices have been mailed to Mr. Guy Agostinelli, Attorney at Law for Niagara Ceramics Corporation to finalize the sale and close on the transfer of title. Final notice was sent on September 26, 2008 advising that failure to respond would result in the rescinding of the sale, forfeiture of the Seven Hundred Seventy Dollars ($770.00) deposit and return of the property to our inventory for future sale. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 66 and 68 Lester to Niagara Ceramics Corporation, the deposit be forfeited and the property be returned to our inventory for future sale. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Rescindforfeitdep66 &681esterlforms JOHN P. HANNON, JR, DIRECTOR OF REAL ESTATE OFF ICE "Of P16NING OV OVA 43. i Mr. Fontana moved: That the communication from the Department of Strategic Planning, dated November 8, 2010, be received and filed, and That the Executive Director of Strategic planning be, and he hereby is authorized to rescind the sales of 66 and 68 Lester Street, and the bidder Niagara Ceramics Corporation forfeits their deposit in the amount of Seven Hundred and Seventy Dollars ($770.00) and to return the property to inventory for future sale. Massed 0 a� T:\wjM\mgwor&rmvWc 11- 16%dac L Y NO , _g FONTANA c GOLOMEK K Tr ICEARNS y i I VF tl ,RA RUSSELL s mffH S y Yf y F . j s 5 �J 213- 6 314- 7 FROM THE COMPTROLLER November 16, 2010 O0a_2 TO: THE COMMON COUNCIL DATE: November 1, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT. Cell Block Agreement with Erie County In June of this year, upon calls from both the County Attorney and the City Law Department, my office invoked its right to audit the finances of the Eric County Holding Center pursuant to Section 6 (B) of the Agreement dated July 1, 2003; transferring the detention of pre - arraigned arrestees from the City of Buffalo to the County of Erie. After inspecting various records and meeting with County personnel, we have compiled the attached report, which examines the purported costs of operating the Holding Center. The primary purpose of this examination was to determine the appropriate sum that should be paid to the County based on the Agreement. We found that some of the County's operational costs related to their status as a jail rather than a lock -up did increase, however, those increases cannot, in large measure, be attributable to the City of Buffalo cellblock agreement. The County requirements under the law for the operation of a jail represent "the cost of doing business" and should not be made the responsibility of the City of Buffalo in the absence of a negotiated agreement. The Report concludes that an Adjustment of 17-1 is a fair settlement of this issue. With this in mind, it would be in the best interests of the City and the County to seek out a long- term solution that meets the satisfaction of both parties to address future operational needs. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. . DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: Corn troller SIGNATURE: �.. _;2� ED TO THE ON FINANCE. 4 INTRODUCTION On July 1, 2003, the City of Buffalo entered into an Agreement with the County of Erie entitled, "Transferring the detention of pre - arraigned arrestees from the City of Buffalo to the County of Erie" (the "Agreement "). As the name implies, the purpose and intent of the Agreement was to shift the responsibility of detaining individuals arrested within the City, but not yet formally charged in court from the Buffalo Police Department to the Erie County Sheriff's Office. Prior to this Agreement, the City maintained a lock -up facility at Police Headquarters. The County's Holding Center had been detaining pre - arraigned female arrestees since 1983. Under the idea that consolidation of services would eliminate duplication and promote efficiencies, this Agreement was executed. The initial term was five (5) years, commencing July 1, 2003 and terminating June 30, 2008. It would automatically renew for four (4) additional five year terms, unless a notice of non- renewal was issued. The City agreed to pay the annual sum of $936,794 in quarterly installments of $234,198, but that sum would be subject to a negotiated Adjustment upon a Review of the expenses and revenues associated with the Agreement at the end of 2006 and every third calendar year thereafter. The Review was expected to consider additional capital improvements, increases or decreases in personnel and operating costs, the number of arrestees from the City and the fiscal impact of changes in laws or regulations. The City Comptroller was given the right to audit the finances of the Holding center for the purposes of calculating the appropriate Adjustment. By virtue of that right, this Report has been prepared. BACKGROUND From 2003 through 2009, the City made payment to the County for detention services at the Holding Center for the first term of the Agreement. In May 2009, the City paid $70,259 as an Adjustment to the cost of services and then made quarterly payments of $251,763.39, representing a 7.5% increase as allowed pursuant to the contract. Shortly thereafter, the County made a written demand to review the actual costs of the services (Cheryl Green letter of July 31, 2009). As the County's demand was premature under the Agreement, communication did not commence until further correspondence from the County Attorney on February 4, 2010. At that time, the County sought to review the cost of services, and in the absence of a mutually agreeable resolution, gave notice of its desire to terminate the Agreement. The City, through its Law Department, engaged with the County and set the stage for further discussion. The County forwarded a breakdown of its costs, which they termed as "financial obligations owed by City to County of Eric", totaling $5,868,573.44. With this figure being far beyond the $1,007,053.56 annual sum currently being paid by the City, a review seemed all the more prudent. Invoking the Agreement, the City Comptroller requested documentation to allow this office to review the finances of the Holding Center to aid in a proper determination of the cost of services. The County provided personnel lists with salary information, equipment and capital expenditures report, arrestee data and a Supreme Court ruling regarding jail standards. This was supplemented by a tour of the Holding Center and a meeting with County officials. ANALYSIS The County has advanced the theory that the City must take on all additional incremental costs associated with the operation of the Holding Center because the Agreement with the City caused such a significant increase in the Holding Center population that many additional measures had to be taken. In a transmittal dated March 2, 2010, the County allocated a number of costs that were never specifically referenced in the original Agreement. Items such as usage of space were calculated on a square foot basis and an allocation of capital expended in connection with the Agreement was made, though without specification as to how it was connected to the City. Full salaries, overtime, employee benefits and other expenses were laid out in total. Though the City was making an annual payment of $1,007,053.56, the County claimed its expenses were $6,875,627.00 and that the City owed $5,868,573.44. We must note that this claim is erroneous and misleading. Under the terms of the Agreement, particularly Section 6, the Escalation Clause, upon considering the County's expenses, the Review would look at increases or decreases in personnel and operating costs. At no point in the Agreement is there any discussion that actual costs would be repaid. Therefore, the County's expectation of a significant increase is false and cannot be justified under the contract. Using the criteria specified in the Agreement as it pertains to the Review, we considered additional capital improvements made by the County to the Detention Facility made necessary by added services to the City of Buffalo since 2007; increases or decreases in personnel and operating costs of the Detention Facility by virtue of added services to the City of Buffalo since 2007; the number of arrestees from the City and other arresting agencies that have been serviced by the Detention Facility on a year to year basis since 2007; and the fiscal impact of changes in laws and regulations in the operation of the Detention Facility since 2007 that may arise due to added services to the City of Buffalo. CAPITAL IMPROVEMENTS Though the County has made a Use of Space claim, there is nothing in the Agreement that calls for payment on that basis. Furthermore, it is not an increase or a capital improvement that can be laid specifically on the City of Buffalo. The County has not provided any documentation or I While there may be a divergence between the County's actual cost and the amount the City pays to the County, that does not create a legal obligation to pay more money. information that would substantiate any infrastructure or capital costs that are solely attributable to the Agreement with the City. As such, no claims For square Footage costs should be considered in the negotiation of the Adjusted Annual Payment. PERSONNEL AND OPERATING COSTS As previously noted, the County's desire for full reimbursement of its total personnel and operating costs is not appropriate under the Agreement. When considering the proper allocation of expenses, the comparison should be Iooking at a year to year increase (or decrease) based on what was paid during the previous term of the Agreement. We obtained payroll data from the County's SAP financial system for a sample of employees For the period 2007 — 2009, confirming the hours, salary and overtime without exception. We reviewed the increase in personnel costs from 2007 2009, noting an 18% increase. We also reviewed the increase in meal and other operating expenses, noting a .46% decrease, as well as transportation expenses, noting a 3% increase. For purposes of the Escalation Clause, therefore, we consider a 17 e 18% increase to be a reasonable adjustment level to apply to the payment due to the County. YEAR City Allocation of Total Costs (1) % Increase City Allocation of Total Personnel Cost s (2) % Increase % Increase in Meal and other Expenses (3) % Increase in 'Transportation Costs (4) 2007 $ 4,227,09359 0.16% $4,074,251.24 0.18% (3 %) 9% 2008 $ 4,646,137.55 9.91% $4,483,130.44 10.04% 1% 21% 2009 $ 6,005,412.16 29.26% $4,788,328.79 7.28% (2 %) (15 %) Increase '07 —'09 18.05% (.46 %) 3.09% 1. This represents the City's portion of the total costs based on the proportion of inmates from the City to the total. 2. This represents the City's portion of the total personnel costs based on the proportion of the inmates from the City to the total. 1 This represents the increase in meal and other expenses such as printing, copying, laundry, etc. 4. This represents transportation costs; the increase represents the increase in IRS mileage rates. NUMBER OF ARRESTEES It seems that the number of arrestees taken in by the City of Buffalo falls above 14,000 annually since 2007. As that remains a fairly consistent figure, there would not be grounds to base a major change in the compensation formula in the negotiations. CHANGE IN LAW OR REGULATION On March 8, 2010, Supreme Court Justice Diane Y. Devlin affirmed a New York State Commission of Corrections directive that requires Erie County to provide various "jail standard" items for pre - arraignees. It has been posited that the volume of pre - arraignees is a direct result of the Agreement with the City of Buffalo, so the City should bear that entire cost. The County disagrees with the assessment by the Commission of Corrections that the Erie County Holding Center is a "jail" as it relates to pre - arraignees. They maintain they are a "lock- up", which has a lower standard and does not require the provision of various amenities, such as toiletries and bedding. Notwithstanding this position, a State Supreme Court found that the Erie County Sheriff was not in compliance with the statutory standard and has required the County to follow the directive of the Commission of Corrections. The County thusly feels this represents an increased cost by virtue of a change in law or regulation. We would disagree in the first instance that this represents a change in law or regulation. The legal standard that the County is required to uphold was in existence well before the 2003 Agreement with the City. The failure to comply with the legal standard (and subsequently being Court- ordered to follow it) is not a change in law or regulation. It is a change in management policy. Justice Devlin's decision makes it clear that the Holding Center was a jail regardless of the arraignment status of the individuals being held there. The Corrections law was amended in 2002 to allow jails to hold pre - arraignees. The Commission of Corrections informed the County in 2004 that they were required to operate under the "jail" standard, which was during the initial term of the City - County Agreement. The County's failure to enforce the standard speaks more to a lack of managerial effectiveness than it does the City's obligation under the Agreement. The Holding Center would still be a jail, regardless of whether or not the City - County Agreement continued. Since this action does not relate to any actual change in law or regulation, but rather the manner in which the County operates the Holding Center, that factor itself cannot be considered as an increase for purposes of calculating the adjusted payment. However, since the number of items being supplied to City pre - arraignees has increased since the last Adjustment, there should be 2 The County has stated that they are appealing the ruling of Justice Devlin. Nonetheless, we must approach this matter as it exists now, not from a potential outcome sought by the County. i5k some consideration of the increase in incremental cost as an operating expense. This consideration is accounted for within the 17 -18% adjustment factor discussed above. ADDITIONAL ITEMS From its March 2, 2010 transmittal, the County attached a list of "Additional Items of Importance" which itemized a number of costs that they expected the City to reimburse or otherwise cover. In fairness to the County, some of the items may be characterized as operating expenses; these again are accounted for within the 17 -18% adjustment factor previously discussed. Others could be seen as general Holding Center expenses that are not covered under the Agreement. These items should be the subject of negotiations between the City and County and should not be held out as obligations under the current contract. CONCLUSION It cannot be questioned that the County has taken on a great deal of additional cost by virtue of the contract with the City. However, this fact had to have been anticipated to some degree when the Agreement was initially executed. The tenets of the Agreement have not fallen to the advantage of the County, which may become grounds for serious re- negotiation if the Agreement is to continue beyond its present term. As it stands currently, the parties can only look to the strict language of the contract for guidance on how to proceed, The Agreement provides the appropriate standard of Review. In the absence of an agreed -upon Adjustment, pursuant to Section 6 (C) of the Agreement, the Annual Payment will increase by the lesser of the 7.5 % or the cumulative increase in the Buffalo Area Consumer Price Index (CPI). The average cumulative change in CPI between 2007 to 2009 is 69 %, which is clearly the lesser of the two. The City finds that in the interests of fairness, 17 -18% is the proper Adjustment to apply to the Agreement. The County's tendency to make declarative statements about what is owed by the City falls short of creating a legal obligation under the terms of the contract. 4 As reported by the United States department of Labor, Bureau of Labor Statistics, using the changes as indexed between 2007 -2009 for Northeast cities in the population size class of 50,000 — 1,500,000. 1 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS November 16, 20 10 0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 8, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Court [: 2007 Renovation [: Job #0704 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following change for City Court, 2007 Renovation, Batton, Hovey, Nardini & Tries, Consulting Contract, C #92011240. 1. Credit for inspector. Deduct $ 18,320.00 The foregoing change results in a net decrease in the contract of Eighteen Thousand Three Hundred Twenty and 001100 Dollars ($18,320.00). Summary: Original Contract Amount $ 45,100.00 Amount of Previous Change Order Add $ 55,135.00 Amount of This Change Order ( #2) Deduct $ 18,320.00 Revised Contract Amount $ 81,915.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 39320806 445100 -Buildings. SJSIPJMIDDCldIg cc: Comptroller J. Schollard, Director of Bldgs. Buildings Department Head Name: Peter Merlo, P.E. . Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved; That the above communication from the Commissioner of Public Works, Parks and Streets dated November 8, 2014, be received and f11ed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2 to Barton, Hovey, Nardini & Tries, a decrease in the amount of $18,320.00, as more fully described in the above communication, for work relating to City Court, 2007 Renovation, Job No. #4704, Consulting Contract, C #92011240. Funds for this project are to be credited to 39320$06 445100 - Buildings. Passed II a�. t:Iwp6Glm wardl:rmvlllcll- 1Ga.doc r * AYE *NO* r 314- 7 WLOPMEK LOCURTO ss I® ZI3 R 6 314- 7 0004 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL / t j T& THE COMMON COUNCIL DATE: October 28, 2090 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: Permission to Modify Agreement w /NYSDOT Provide Matching Funds for the South Park Avenue Lift Bridge Project, PIN #575572 PRIOR COUNCIL REFERENCE: No. 37 of C.C.P. 12/26/02 The City of Buffalo entered into an agreement with the New York State Department of Transportation to reconstruct the South Park Avenue Lift Bridge per the aforementioned resolution. The initial agreement for this project was for $8.023 million dollars. During construction, change orders were authorized to the project thereby increasing the total cost of the project to $9,747,021.00. I am hereby requesting Your Honorable Body's permission to enter a supplemental agreement with the New York State Department of Transportation for $9,747,021.00, the final project cost. This supplemental agreement is necessary so that the City can obtain its federal and state reimbursement, which totals $1,638,086. 55, for the additional project costs. PJM /DJ P /dab Cc: Steven J. Stepniak, Commissioner TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: t� Ni Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 28, 2010 be received and fled; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to enter into a supplemental agreement with the New York State .Department of Transportation for $9,747,421.00 for the South Park Avenue Lift Bridge Project, PIN #5755.72 for which the City will be reftnbuised an additional $1,638,086.55 in state and federal funds. 1 2 TAF3: my T.hTp6ffim wmrtiilm %M2c11- I6jLdoc I !. k9 x AIT * NO * - FONTANA FrftANCZM GOLOAMEK BAYNES KEARNS LOLrMTo illymu BUSS SNffM 213- 6 314- 7 000 #I (Rev. 1/93) S1NGL1✓ PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL DATE: November 9 0 ', 2010 FROM: DEPARTMENT: Public Works, Darks & Streets DIVISION: Engineering SUBJECT: j: Report of Bids j: Main Place Mall Parking Ramp [: Franklin Street Access Tunnel -- 2010, Re -bid j: Group #721 -A PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase C. Nichter Construction 30 Wildwood Drive, Lancaster, NY 14086 North America Construction Co., Inc. 1417 Alleghany Road, Attica, NY 14011 -9550 Trason Development Corporation Pinto Construction Services I Babcock Street, Buffalo, NY 1421.0 $83,200.07* Corrected Tabulation (Rescinded Bid - 10 /07 /10) $192,710.00 $196,625.00 $249,995,00 $211,981.00 $216,287.50 $274,994.50 L.P. Ciminelli Construction Corporation $268,966.00 $295,862.60 369 Franklin Street, Buffalo, NY 14202-1725 *Adjusted Amount I hereby certify that the low bidder for the above project is North America Construction Co., Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $211,981.00 ($192,710.00+$19,271.00 unit price increase= $211,981.00 ). Funds for this work will be available in an account(s) to be named at a later dated from Parking. The engineer's estimate for this work is $207,560.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 21" , 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:P;IM:MJZ :Ilf Attach. (4) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City En meer of Public Works, Parks & Streets , %➢_. SIGNATURE OF DEPARTMENT HEAD: ;' D iD o nato A ssociates, RE P.C. October 6, 2010 City of Buffalo Department of Public Works City Hall, Room 501 65 Niagara Square Buffalo, NY 14202 ,Attn: Mike Zera — Project Manager Re: BID TABULATION Fain Place Mall Parking Ramp Franklin Street Entrance Rehabilitation, 2010 Rebid — Group #721 A FROM . 'T Enclosed please find the tabulated bid - sheets for the above referenced project. Math errors were found in the bid tab for C. Nichter Construction. Mr. Nichter was informed of the Discrepancy and has requested to retract his bid at this time. This has been reviewed and approved by your department. No other errors or discrepancies were found in the remaining four bids from the following contractors: The Engineers Estimate for the project was ;207,660, three bids were below the engineers estimate and two bids were above the engineers estimate. we li lana of North America Construction _Com an..._lnc._.and_he is satisfied with his bid proposal and fully understands the scope of work and has included all work in his bid proposal. In discussing the bid proposal with Mr. Collana, he indicated that North America Construction Company, Inc. is satisfied with the prices bid for the contract items. North America Construction Company, Inc, has previously performed work for the City of Buffalo. Discussions with your office and Di®onato's past experience working with North America Construction Company, Inc. indicate that the work has generally been acceptable. 609 Main Street a Buffalo, New York 14203 0 716 «656.1900 9 716.656.1967 www.didonata.cc 0 "i € ^T DiDonato Associates, October G, 2010 Re: BID TABULATION Main Place Mall Parking Ramp Franklin Street Entrance Rehabilitation, 2010 Rebid ® Group #721A Page 2 of 2 As such, based on discussions with the City of Buffalo Department of Public Works and a review of the Bid Proposals, it is Dinonato Associates recommendation that the City of Buffalo accept North America Construction Company, Inc. as the low bidder with a bid of $192,710. If you have any questions or need additional information in the interim, please don't hesitate to contact me at this office. Very truly yours, DiDonato Associates Engineerin & chitee re P.C. Je ey J. lank, P.E. Sr. Project Engineer Encl: Bid tabulation for the above referenced project cc: William, Witnauer, Executive Director, Buffalo Civic Auto Ramps Kevin Helfer, Chairman, City of Buffalo Board of Parking John Di®onato, P.E., DiDonato Associates Jim Frick, P.E., DiDonato Associates 669 Main Street - Buffalo, New York 14203 * 796.656.1906 a 796. 656.1967 www.didonat ®.cc City of Buffalo Department of Public Works, Parks and Streets Main Place bail Parking Ftatnp Franklin Street Access funnel Rebid Group #721A Bid Tabulation 1 Removal of and Rep9acem Removal t of Existing $F 940 165 $155.100 ;! ' , $3Y6.00 5175,Sd0 $145.00 $136,300 $200M $188.000 $173.00 $362,62[1 2 Concrete Saab Partied Death Concrete Rs it SF 27 200 $5.404.00 a, $111.11 v 53,000 $150.00 $4,060.40. $180.00 $4.860.00 $280.00. . $7,020:00 5253.00 $6;631.00 3 Installation of New 3° PVG wing LF 1S 40 $600.00 $253.33. $3,600 $50:00 $760.00 $130.00. $1.850.00 .$202:00 S3030.00 $47.00. $70540 4 Installation of New 1 -1l2'' P C Piping LF 30 30 $900.00 $66166 $2.000 $50.00 $1,500.00 $40.00 $1:200.00 $101.00 $3,030:00 $30.00 ..$800.00 5 Insta for .f New Pump -- "- _ -- Aasodatad LS 1 13.500 $13,500.00 $14,000.00 $14.000 $3,1100.00 $3,008:00 $18.0013.0!) $1$,000.170 $14,800:00 $.14,600.tl0- '$32;025.00 $32026 510 *Macrapancies Found C. Nictater - Item No.1 Unit Bid Price sha as $18.37 in both words and nubers on page BT -1. Total bid price was adjusted accordingty. Bid Retracted. 7alA 3� Zera,Mik J From; Jeff Blank Ublank@7a didonato.cc] . Sent. Wednesday, O 0 2010 4 :45 PM To: Zera,Mike Cc: wWritnauer @bcarparking.com; 'John ®i®onato'; 'James A. t=rick, P.E.'; Kevin J. Helfer Subject. Main Place Mail Parking garage, Franklin Street Entrance Ramp Rehabilitation, 2010 rebbid, Orou721A Attachments: Oroup721A- BidAcceptenceLetter 10062010.pdf, MalnPlace- Group721a- BidTab« Rebid- 10062010.pdf Mike, Attached is a copy of the Bid T'ab sheet and The Bid recommendation letter for the Main Street Mall. Parking garage, Franklin Street Entrance Ramp Rehabilitation Rebid from this morning. Please review and let me know if everything looks OK. 1 am also mailing you a hard copy. Thanks. Jeffrey J. Blank, P.E. DiDonato Associates, P.E., P.C. 689 Main Street Buffalo, New York 14203 716.656.1900 fax. 716.656.1987 mobile: 716.361.9522 www.di.donato.cc 1 6 Mr. Fontana moved'. That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 2010, be received and filed; and That the Conn- nissioner of Public Works, Parks. and Streets, be, and he hereby is authorized to award a contract for the Main dace Mall Parking Ramp, Franklin Street Access Tunnel — 2010, Re -bid, to North America Construction Co., Inc., the lowest responsible bidder, in the amount of $211,981.00 ($192,710.00 + $19,271.00 unit price increase= $211,981.00). Funds for the project are available in an account(s) to be named at a later date from Parking. Passed. 13 TA.rmv tAWOOVwwordtirwA13c11.16a,doc *A+ *NO* FOB. * FRANCZYK * GOLD EIS * HAYNES * HEARNS * Loc URTO RWERA * USSE * * 2/3- 314- 7 i #I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 8, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Repair of Streetlight Foundations and Knockdowns Citywide IX [: Group 9730 PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on October 20, 2010 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $236,860.00 ** $248,70100 1250 Broadway St. Buffalo, NY 14212 O'Connell Electric $462,235.00 $485,346.75 830 Phillips Rd. Victor, NY 14564 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 $248,703.00. (Base Bid of $236,860.00 + [5% unit price increases] $11,843.00 equals [Total Award] $248,703.00). Funds for this project are available in accounts #13116006443100. The engineer's estimate for this work is $300,000.00. *Corrected Base Bid PJM /MGM /kem ce: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: : Peter J. Merlo, P.E. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 8 2010, be received and fled; and That the Commissioner of Public Works; Parks and Streets, be, and he hereby is authorized to award a contract for. Repair of Streetlight Foundations and Knockdowns Citywide IX, Group #734, to South Buffalo . Electric, Inc., the lowest responsible bidder, in the amount of $248,703.00 (Base Bid $236,860.00 + [5 %unit price increases] $11,843.00 equals [Total Award] $248,70100). Funds for the project are available in account #13116006443100. Passed. 14 TAB:nnv 1 Awp6 glmswOrdlrnnv114 c 11 a 16& doc RiA Title ( 11acine O erator Department/Division Pnblie works Parks & Streets Division of En ineerin Start Date f ' Original PR No. 2008 -005 L,�_ Title Code No. 7090 Salary _$33 452 Ste 3) Budget Function No. 1.3191001- 411001 Reason for appointment (check one) ® Status Change ® Reinstatement ® Replacement [ Extension Type of Status Change (check one) ® From Temporary to Provisional ® From Temporary to Permanent ® From Provisional to Permanent ® From Contingent Permanent to Permanent Other T e of A ointment. Classification ® Permanent ® Exempt ® Contingent Permanent E] Competitive ® Provisional ® Non - Competitive ® Temporary Seasonal REFERRE Ton, TH5 COM MITT EE CoMments k g . Em to ee Information: Name Steven Rusinek SS# 2412 ON GM S Address 431 Huntin on Ave. A t. 4 DDB Ci Buffalo State New York Zi Cade 14214 Si ature of A ointin Authori Date ,irn M ic ID x kq 1I AT A r MW We rowl ure of Adm. Director of Civil Service Date 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 form, Czty Clerk and Budget #3 (Rev 1 -02) 000 L S fr Certificate i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffaio, 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: 1 in the Department of Public Works Division of Parks to the Position. of Park Utility Worker Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) THIRD STEP jEnter Starting Salary) : Starting Salaty of: $25,100 LAST JOB TITLE Street Repair Worker NAME Gregory Leonard LAST DEPARTMENT DPW DATE 10110 ADDRESS 149 Cushing Place LAST SALARY 23,477 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -0476 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9200 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 201060 SALARY RANGE. OF POSITION $23,169 - $38,615 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/25/10 SIGNATURE OF APPOINTING AUTHORITY: ( v ORIGINAL + 3 COPIES TO: 'CITY CLERK' ONIBEFORE APPOINTMENT DATE `F OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #8 DIVISION #10- EMPLOYEEtS) ,— 11 FROM THE COMMISSIONER OF POLICE November lb, 2010 X001 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL f ( i TO: THE COMMON COUNCIL: DATE: October 27 2010 =. FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : Request Transfer of City Owned .Property PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog "Gard' to his handler Police Officer Michelle Chmura: Due to the K -9's age and health, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog. The K -9 is presently assigned to Officer Chmura, is presently in her custody, and has been assigned to her since 2004. Per the attached document, Officer Chmura will maintain full responsibility for Garo. DD /j ws TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD CITY OF BUFFALO — DEPARTMENT OF POLICE D ONATION / ACCEPTANCE of K °9 D OG Which has been used as a Ka9 dog, Z 004 — 2 Q [ 0 the City of Buffalo, New Yorl �n ;_ > (for or from) accordance with the following terms: (Circle applicable Term 1 or 2) u 1. ece in K -9 animal from Ci of Buffalo: I hereby agree to hold the City ofh3uffalo harmless from any and all liability that may arise during or as a result of my ownership of the fro K-9 dog, including, but not limited to, any liability that may arise from claims based on a failure to warn, injury to self or third parties, workers compensation or General Municipal Law § 207 -c benefits. I further agree that I will be responsible for any and all medical or other expenses for the animal. These obligations shall take effect as of the effective date of this Agreement described below. ; i: 2. Donatinu an animal to the Cily of Buffalo for Ka9 duty. The City of Buffalo hereby agrees that, if the described dog proves unsuitable for Buffalo Police Department K -9 Corps service, or if the dog is not needed for such purpose, the donor shall have first right of refusal to ownership of the animal at no cost to the donor, provided the donor shall agree to the conditions set forth in Term 1 above. The City further agrees to accept all liability for the dog as of the effective date of this Agreement described below. The effective date of this Agreement shall be the bate. of the signature of the Commissioner of Police to this Agreement accepting the donation of the dog on behalf of the City of Buffalo, or of the resolution by the Common Council approving g transfer of ownership of the dog from the City of Buffalo to the donor or a third party, whichever is applicable. sue. Signature of Donor [Person Accepting Dog Date: Original m BPD Budget Office Copy — Donor / Acceptor Copy — Pile Commissioner of Police Date: Revised 08/05/10 r� Mr. Fontana moved: That the above communication from the Commissioner of Police dated October 27, 2010, be received and filed; and That the Common Council approve the transfer of namely K -9 dog "Garo" to his handler Police Officer Michelle Chmura, who will maintain fitll responsibility for "Caro ". Passed. 17 ,. _o lt. tA"6M=worftmA17o11- 16adoo / *AYE`&O . � FONTANk ® � . FRAN CZYK ® ■ < � � a GOLOWMEK ® � � � k K : & ■ \ � .UC 7U . . ■ ■ RO§SEU ® , � . S �, a ■ , a t � 2/3- 6 ■ ■ 31 4- 7 j FROM THE COMMISSIONER OF FIRE November 16, 2010 00 ;{ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL' DATE: October 28, 2010 FROM: DEPARTMENT: 21 - FIRE DEPARTMENT SUBJECT: [:Breathing Air Supply Vehicle PRIOR COUNCIL REFERENCE.: {IF ANY} Ex. Item No. xxx C.C.P. xxlxxlxx Please be advised that the above- referenced vehicle is needed to ensure our ability to respond to multiple emergencies within our community. We currently have only one breathing air supply unit which greatly compromises our ability to supply breathing air to our members during simultaneous emergencies. It should further be noted that this vehicle will allow us to have redundancy in the event of an accident, mechanical failure or required maintenance of one of the vehicles. This vehicle is being assembled at a savings of $100,000.00 as we are only purchasing the cab/chassis/box new. The entire breathing air supply system that will be housed in this vehicle was cannibalized from a previous vehicle and will be installed upon delivery. Lastly, this vehicle will replace #F -156, a 1994 Chevy breathing air truck. SIGNATURE DEPARTMENT HEAD TITLE: Garnell W. Whitfield, Jr., Commissioner of Fire GWW/sa s �.r` ,a Mr. Fontana moved: That the above communication from the Commissioner ofFire dated October 28, 2010, be received and fled; and That the Commissioner of Fire and the Director of Purchase be, and they hereby are authorized to purchase a cab/chassis/box new to be added to a breathing air truck and replacing vehicle #F -156, a 1994 Chevy breathing air truck Passed. 18 TAB:rmv V: wp60Vn8wurdlrnsv118cl 1- 16a.doc z ', AYE *#O® . FOPMWA ® . � FRAM/ ® .. ®. GOLOMMEK ® a . : HAYNE - . � KEARN , Loomo ® , a RIVE RUSSELL ® ■ . . . s ■ a � _ � ■ 0 , Ma -§ ~ %a , 2G. 6 , ■ 314- 7 FROM THE CORPORATION COUNSEL November 16, 2010 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: LAW DATE: 11 -10 -10 SUBJECT: (: Agreement with Kleinhan's Music Hall Management, Inc. PRIOR COUNCIL REFERENCE: (IF ANY) (: None. Ex. Item No. xxx.C.C.P.xx/xx/xx TEXT: (TYPE SINGLE SPACE BELO )D Attached please find a proposed exercise of the City's option with Kleinhans Music fall Management, Inc, to continue management of Kleinhans Music Hall for the period of July 1, 2010 through July 1, 2011. The conditions of the agreement between the City of Buffalo and Kleinhans Music Hall Management, Inc. entered Septemebr 1, 2009, shall continue as authorized therein, Thank you for your prompt attention to this matter. TYPE DEPARTMENT HEAD NAME: DAVID RODRIGUEZ TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: ACTING CORPORATION REFERRED TO THE COMMITTEE ON FINANCE. AGREEMENT BETWEEN THE CITY OF BUFFALO AND KLEINHANS MUSIC HALL MANAGEMENT, INC. AGREEMENT TO RENEW Pursuant to the Agreement made as of the I" day of September, 2009 by and between the CITY OF BUFFALO, New York, a municipal corporation of the State of New York, with its principal place of business at City Hall, 65 Niagara Square, Buffalo, New York 14202, hereinafter referred to as the "City ", and KLEINHANS MUSIC HALL MANAGEMENT, INC., a New York not - for- profit corporation, having its office and principal place of business at 371 Pennsylvania Avenue, Buffalo, New York 14201, hereinafter referred to as "Manager ". The parties agree to extend the existing agreement for an additional year, for the period of July 1, 2010 through June 30, 2011. IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first above written. CITY OF BUFFALO, NEW YORK Byron W. Brown, Mayor KLEINHANS MUSIC HALL MANAGEMENT, INC. APPROVED AS TO FORM ONLY By: By: Corporation Counsel Assistant Corporation Counsel By: Catherine Schweitzer, Chair FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES November 1(, 2010 0 0 0 To: The Common Council: Date: November 10, 2010 p e ti F rom: De Permit &Ins , ecti , Services Division: Office of Licenses Subject: [: Food Store (New) [: 901 Niagara (Niagara) Type in Upper and I Louver Case Only [: Prior Council Reference: (If Any): Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Sin_& Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 901 Niagara (ALHANNAH FOOD/BADR ALQATA VI) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, hire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JCPSA 4 '� CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: ALHANNAH FOOD LIC TYP FOOD S BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 901 NIAGARA (716) 883 -4806 NI BADR ALQATANI 0- 559681 NEW LICENSE 2011 (TO BE COMPL BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE '� °" f DATE.: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" ** REMARKS: — 3 EST ��c7 R INSPEC'T'OR C;A 6 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSfip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: ALHANNAH FOOD LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 901 NIAGARA (715)883 -4806 NJ BADR ALQATANI 559681 08/31/2010 1ST REQUEST 8/31/2010 2ND REQUEST 10/13/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVER DISAPPROVED DISAPPROVAL CALLBACK DATE:° DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THAA YOU. AppSlipZrpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR.: ALHANNAH FOOD LICENSE "TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'L'E: REMARKS: DISAPPROVAL REASON: 901 NIAGARA (716) 883 -4806 NI BADR ALQATANI () 559681 08/3112010 9073231 MUST CALL FOR APPOINTMENT NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PROVED DISAPPROVED DISAPPROVAL CALL BACK REMARKS: INSPECTOR ' _?� � EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. TIAXIk YOU. SEP 2 4 ZU DATE: ""` .�_ L DATE: DATE: DISAPPROVAL MUST BE STATED BELOW * ** AppSlipl.rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY BALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ALHANNAH FOOD LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS .PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 901 NIAGARA (716)883-4806 M BADR ALQATANI 0 559681 08/31/2010 1ST REQUEST 8/31/2010 2ND REQUEST 10/13/2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: / - � " / 0 DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: NEW LICENSE 2011 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: ALHANNAH FOOD LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 901 NIAGARA BUSINESS PHONE: (716) 883 -4806 COUNCIL DISTRICT: NI POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BADR. ALQATANI 0 559681 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: e�l 1 DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:` �w INSPECTOR . � _ —% ogt' J W cJ RM# EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANE YOU. AppSlrpZ.rpt t - ® 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 f Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record. E3 Mail E3 Walk-in Type of Entity- [I Sole Proprietor ® Corporation ® Partnership 0 Limited Liability Company fee 0 Restaurant 1 -200 seats $174,00 0 201 -400 seats $250.00 0 400+ seats $350.00 (on premise consumption of food and/or beverage) 0 Certificate of inspection $56.00 fee El Restaurant Dance 17 door Show $367.50 0 Live Music $210,00 ® Mechanical $131.25 fee Restaurant Take Out $ 88.00 Fool More $11 5.00 See additional questions. ® Meat Fish Poultry krubuc Assembly) Restaurant 50+ seats ® Public Dance (based on sq ft) 11 Caterer 11 Coin Controi Amusement 13 GoGo Dancing $ 13125 C113oke $150.00 $ 88.00 r5r # games per game. $47.25 ® Skating itin[e $21(3,00 C7 U 2 employees $ 63;00 Arcade # games t - Per game $47425` la Bowliug.Allp� per l ie .$31.50 � 3$1."13 ett?plavees $1[35::00 , Music srDeclaralcal $52.50 # lades: C7 i 115 employees $157:0.0 t 0 Music live, no dancing $52.50 ® Billiard Parlor per table $31.50 13 26-50 employees $315,00 0 News Stand $6100 # tables ® 51 -200 employees $525.00 Corporation Name Business Phone (716)` 3 _ Business Name (dba) A L p10 Business Fax £ ) - Business Address (no Fo Box) Mailing ,address (if different) NO'S Tax ID 9- Business Website L-Mail —� y wrier (s) / Principal Partners Houle Address: (PO Box not acceptable) Sate of birth — _......_ Place of Birth Home Phone Home Phone L 1 :'describe your specific business activity in detail. (2 0 c_e_v- Std rc, Subscribed and sworn to before me this 3 u day of - .....0 20 ii V � tc e f� ar€�iv Yo, utfalo, County of Erie For office use only ( T&A Application No Date issued: I am aware of the obligation to provide timely notice of any change in required information, and I have inforrlaaed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or assooiated with the business. initial _ A 6, 20 1 s an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and carrent to the best of my knowledge and belief. Print Name 0, V\- L Signature 1 7 / Date S /3 o I b wrier (s) / Principal Partners Houle Address: (PO Box not acceptable) Sate of birth — _......_ Place of Birth Home Phone Home Phone L 1 :'describe your specific business activity in detail. (2 0 c_e_v- Std rc, Subscribed and sworn to before me this 3 u day of - .....0 20 ii V � tc e f� ar€�iv Yo, utfalo, County of Erie For office use only ( T&A Application No Date issued: I am aware of the obligation to provide timely notice of any change in required information, and I have inforrlaaed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or assooiated with the business. initial _ A 6, 20 1 s an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and carrent to the best of my knowledge and belief. Print Name 0, V\- L Signature 1 7 / Date S /3 o I b *A *NO* * EOA * cz * GOLONB * HAYNES * FEARNS * Loc * RIVERA 3c RIT�SELL ' sNWfH 2/3 6 314- 7 k FROM THE COMMISSIONER OF PARKING November 16, 2010 #3 (Rev 1 -02) 0001'3 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 pronrotion(s). I fairther certify that the person(s) nained in Schedule "A" have been certified or approved by the Human Resources /Civil Sen ice for.the Appointment Effective: in the Department of Division of to the Position of November 1, 2010 Parking Parking Enforcement Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) INTERMEDIATE kEnter Starting Salary) : Starting Salary of $25,604 LAST JOB TITLE Laborer 11 (seasonal) NAME Robert Nespal LAST DEPARTMENT Parking DATE 10110 ADDRESS 720 Tonawanda St, LAST SALARY $24,784 CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11412001 TITLE CODE NO 9622 BUDGET ACCT. OBJ, 141112 PROD, ID PERSONNEL REQ. NO 201044 SALARY RANGE OF POSITION $22,070 a $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM Current salary is $24,754 annually, NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner DATE; 10/25110. r7 SIGNATURE OF APPOINTING AUTHORITY: O #GINA s 3 CUP S TO ITY'C ` K 0N /8EF6 E '`PPOINTMENT DATE OTHER COPIES TO #5- COMPTROLLER #6- HUMAN SERVICPSICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) i ,Y i;: Q� FROM THE CITY CLERK November 16, 2010 00021 12 MW 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 1854 Hertel Ave Checkers M.L. Haler, Inc. RECEIVED AND FILED November 16, 2010 STATE OF NEW YORK # . EXECUTIVE DEPARTMENT r. - el DIVISION OFALCOHOLICBEVVRAGECONTROL STATE LIQUOR AUTHORITY S'randnrdizrd QRIt', — APPLICATION WrICE fir Prowling a 30 -Dot•' Advance Notice ro o Lorat Municinality or Communit rd in eonnecimn wilh the zuhmirvnn re, the Stale liqua, Atrll rirr r jlhr r1 #onlirant`s.Orifrirlal fFirstl On- Premises Alcaholir r3eeeraie License Asntication '. for the EslAblishment Identified in this Notice (paps 1 oQ �, 10'1 -- Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: THIS 30 -DAY ADVANCE NOTICE IS• BEING. MAILED TO:THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY MUNITY BOARD 2. Name of the Local Municipality or Community Board: tA PFIA LID 3. Street Address of i oca€ Municipality or Community Board: I +.f t t� 4. City, Town, or Village: FPA L o NY Zip Code: 2 (3 5- Telephone Number of Clerk of Local Municipality or Community Board: ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6. Attorney's Fun Name is: S 14 G1 7. Attorney's Street Address: 2, 8. City, Town, or Village: Yip Cadc: 2—Z S 9. Business Telephone Number or Attorney: THE APPLICANT WILL FILE AN ORIGINAL (FIRST] APPLICATION FOR AN ON - PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT- WITHIN TH133IDENTIFIED ESTABLISHMENT TYPE OF BUSINESS DESCRIBED BELOW 10. Typefs) of Alcohol to he sold under the License ( °X ° onel: Beer Only Wine and Beer Only 11 liquor, Wine, and Beer Extent of ❑ Restaurant (Sale of Food ❑ Tavern- Restauram. [A mixed -use establish that Tavern / Cocktail Lounge / Adult Venue j € }, good Service: Primarily; Full Food Menu; has both a sit -down dining area and a °stand-up " bar Bar (Alcohol sales primarily - meets legal { .X- one ) Kitchen run by Chep where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12. Type of Establishment: ivC Disk Juke gllan tro Dancing Cabaret, Night Club, Discotheque Capacity for 640 Hotel Music Jockey � Box SmalI Scale) ❑ (Large Scale Dance Club) ❑ or more patrons [ all Club e.g. Golf / ❑ Bed &. Catering Stage 11 (Sp Topless k y' er (/�^'� � � Facility Shows Entertainment a (Specify): ! ° , that hat apply) Fraternal Org.) Breakfast 13. Proposed None Rooftop goetroeck Freestanding 11 Garden Other Outdoor Area (s): Covered Structure Ground (Specify): 14. Wi €I the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? # `X one : YES I I NO I 1 15. Application Serial Number—r� 16 The Ano €ican Full Name as it will appear in the application � 1 for the On- Premises Alcoholic Beverage License, is: The Full Name of the Applicant's proposed licensed Establishment (the Trade N e 17 under which the proposed Licensed Establishment will conduct business) is: 'Phe Applicant's proposed Licensed Establishment is located 18 within the building which hrs the fallowing Street Address , t 19. City, Town, or Villagc: Ft A`t,0 NY Zip Code: 20. The proposed Licensed Establishment will be located on the following floor {s) of the building at the above address: I 21. Within the building at the above address, the proposed Licensed Establishment will he located within the roomis) numbered as follows: 22. Business Telephone Number of the Applicant! - - 23. Business Fax Number of the Applicant: 24. Business E -Mail Address of the App €icanU 25. IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where ❑ ❑ you intend to operate your licensed establishment? Yes No I Don't know OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED Does the Applicant own the building in If "YES`, Still' items No. 27, 28, 29, &, 30 II "NO', ANSWER items No. 27, 28, 29, &, 30. 26. which the proposed Licensed yes ❑ C l o d irectly to Item No 31, No Then continue to Item No- 31, Establishment will be located? ( 'X7 9 P and complete the form, and complete the form. Building Owner's Full Name is: Building Owne €'s Strec€ Address: L29 City, Town, or Village: Zip Code Business Telephone Number of Building Owner: Slarrdnrdizcd QRIGINAL APPLICATION NOTICE FQIti• for l'rovidinga STATE OF NEW YORK 30 - I?Ak AdvaitCC — tat? Local RluniC a it or Cnn it Board j� EXECUTIVE DEPARTMENT *v DIVISION OF ALCOHOLIC BEVERAGE CONTROL in cn+rr+ecluuts W ill th snhnt +.cviat ncu S'lare lrgrrnr Atrrhrrrity ojU,c v, lica STATE LIQUOR AUTHt)RITY A�frrnt`s Orieinal (f trsA , .n- Premises Alcoholic BeyeraP.e I,ieerlse ALtIlieation for the Establishment tdentifted hi this Nntiee ('!Matte 2 of 21 111 ORIJER TO MAX8E.SURF THAT PAGES I .ANT} 2 OF YOUR N.0110E ARL (NOT SEPjtRATETJ'QR MFSPI ACED, PLEASE RE- E INTER. 'I,lyMEDIATI;LY BELOW THE INFORMATION RE OAR 61NG, YOU APPLtOAfION SERIAL NU.K4BFR, NAPE AND TRADE NAME. YOUR COURTESIES ARE APPRECIATE(] 15. Application Serial Number: 1, 16 The AvAlicant's.Full Name as it will appear in the application `f for the On- Premises Alcoholic Beverage License, is: L,�� 1 .mot The Full Name of the Applicant's proposed licensed Establishment (the Trade Name 17' under which the proposed Licensed Establishment will conduct business) is: INl?OR15tAIIO.N- REGARDING ANYBUBIT7IwUS LIOENt3lwD TO SELL ALCOfioLTC ) 3EVERAGES TFIAT IS GIIRRENTI Y $EtNG 17PEKATE IN THEBPACE WHLRE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PF QPC?SED LICENSER ESTABLISHMENT 31 IF YOU KNOW Is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you intend to operate your licensed cstablishcnt? Yes NO El I Don't Know Are you buying any assetls) awned by the operator of the licensed business currently being conducted f 32. in the space where you intend to operate your licensed establishment? YCS ® NO (For example: good will, equipment, furniture, cookware, dishware, etc.) IF YO.0 ANSWERED 4 TO ITEIv131 or 32 SKIP ITEMS .NO 33 and 34; 00 D1IRECTLY TO I`fl t+38 NO. 35, 36 37 3.8,38 and,39, IF'YOiJ RNSWEItl31). NO f0 ITEMS 31 and 32, Plzl ASE PROVtt)E THE INFORirSAT1011 Rl QUR5TEF 13Y ITEMS, NO; 33 and 34 IF R BUSINESS LIGENSGD TO SELL ALCOIaoLI0 - t3EVERAOES IS NCYC C UR N l¢X eEfNCr OPERfi 1 ED IN THE SPACE . - WHERE THE APPLICANT iNTEI DS TO HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE INFO (REGARDING ANY BUSINESS LICENSED To BELL ALCOHOLIC BEVERAGES THAT WAS' RECENTLY OPERRTE17 IN THE 33 IF YOU KNOW �inthe b�yuu sell alcoholic beverages previously conducted YCS NO ❑ I Don't Kriow ❑ 35. IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) now being operated (or that was most recently operated( erate your licensed establishment? in the space where you intend to operate your licensed estab lishment: Are you buying any assetis) owned by the operator of the licensed business that was most recently conducted IF YOU KNOW - The alcoholic beverage license serial number of the business now being conducted (or that was most recently conducted) I Don't Know ❑ 9 34. in the space where you intend to operate your licensed establishment? yes ® No tIJ 38 ' IF YOU KNOW, The Type of Alcoholic Beverage License held by (For example: good wilt, equipment, furniture, cookware, disbware, etc.) the cu €rent (or most recent) licensed operator: IF Y013 ANSWERED "YES'° TO ITEN4 NO. 31 or 32 or 33 or 34, THEN PLEASE ANSWER 1TEn4S N0: 35 and 35.arid 37 and 38 and 39. INFORMATION AHOUT THE OPERATOR OF THE LICENSED BUSINESS CURRENTLY EEING CONDUCTED (OR MOST RECENTI Y CONDUGTE1)I1N. THE SPACE.. WHERE 1'H.E: APPLICANT INTENDS TO OPERA'CI HIS/ HER /I't`S LICENSE[.) ESTABLIaHMENT, PLEASE PROVIDE THE FOLLOWING: INFORMATION. . 35. IF YOU KNOW - The Full Name of the operator of the licensed business now being conducted (or that was most recently conducted) _ � ° 1 Don't Know ❑ �+ in the space where you intend to operate your licensed establishment: 35. IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) now being operated (or that was most recently operated( 1 1 Don't Know ❑ lit in the space where you intend to operate your licensed estab lishment: 37. IF YOU KNOW - The alcoholic beverage license serial number of the business now being conducted (or that was most recently conducted) I Don't Know ❑ 9 in the space where you intend to operate your licensed establishment: { 0 38 ' IF YOU KNOW, The Type of Alcoholic Beverage License held by [Don't Know El the cu €rent (or most recent) licensed operator: 39 ' IF YOU KNOW - Telephone Number of the current licensed operator I Don't Know El or the most recent licensed operator: If the Original'Application is approved. I am the Person whit will hold the License or t .am a Principal of:the Legal'Entity that will hold the License. Representa tions in this form ate in full conformity with representations made in documents that have been submitted 40. {i2r dacutiients tliat'.vtlI tie . submitted] to the State Liquor Authority, and relied upon by. the. Authority. (..understand that i'eptesen made in this form will be alsoielied upon by the Authority, and that false representations in any document submitted to the Authority may resuit in revocation of any license that may be .issued. By my signature, I affirm — under Penalty of Perjury — that the representations inane in this form are true. Printed jName Till. Sig —wrc I k L X ACAa --, - i No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. �y i� November 16, 2010 #I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL q ks TO: THE COMMON COUNCIL: DATE November-3,2010 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on November 3, 2010, in Room 1038 City Hall: Herbert L. Bellamy, Jr,, Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary John D. Kennedy, Sr., Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: None DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT MEAD:` 00 No. Notices of Appointments a Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. A r� November 16, 2010 #3 (Rev 1 -432) Cert 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 appointments) or promotion(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 j ho in the Department of Public Works Division of Streets to the Position of Laborer it Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) SEASONAL. , -- FLAT (,Enter Starting Salary) : Starting Salary of: $1 1.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Michael Cirino DATE ADDRESS 654 Amherst St. CITY & ZIP Buffalo, NY / .)-(? `7 LAST 4 DIGITS OF SSN. XXX - XX - 3960 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - )(X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 8624 BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2010 -018 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM. NAME OF APPOINTING AUTHORITY: Steven J. Steprr!i k — TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 10/19/10 SIGNATURE OF APPOINTING AUTHORITY: oL4 ff,4aA__.. -> �_ . ORIGINAL + 3 COPIES TO: CITY CLERK APPQINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 EMPLOYEE {S) � A #3 (R 1v 1 -02) Cert ificate 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: 1 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Terry Bailey ADDRESS 236 Lemon St. CITY & ZIP Buffalo, IVY 14204 LAST 4 DIGITS OF SSN. XXX - XX - 5718 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2010 -018 SALARY RANGE OF POSITION $91.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 10/18/10 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK - ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #6- COMPTROLLER 46- HUMAN SERVICES/CIVIL SERVICE #7- - BUDGET #8- .DEPARTMENT #9 DIVISION 410- M .LOYEE(S) 0 (Rev 1 -02) C' Cert ificate. ofj�A w t t III compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinattces of the City of Buffalo, I Iransmit this certification of appointnient(s) or pronotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved b y the Human Resources /Civil Service for the Appointment Effective: 11/01 /2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT j)nter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE Community Recreation Aide NAME Marcia Maracle LAST DEPARTMENT Parks DATE 10/19/10 ADDRESS 283 Crestwood Avenue LAST SALARY $37,780 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -6238 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ, NO 2009 - 094 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner of Public Works, Parks & Streets;' 10/19/2010 ORIGINAL + 3 COPIES TO: CITY-CLERK (ON /BEFORE APPOINTMENT DATE) :....:..:...... ............_.... OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) 000 ?� 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. �f 3 z November 16, 2010 #3 (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 Buffalo, I transmit this certification of appointnrent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of November 1, 2010 Parking Parking Enforcement Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM kEnter Stalling Salary) : Starting Salary of $22,070 LAST JOB TITLE Parking Enforcement Officer NAME Joseph Castiglia LAST DEPARTMENT Parking DATE 10/10 ADDRESS 343 Roesch Avenue LAST SALARY 22,070 CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -8810 LAST JOB TITLE LAST DEPARTMENT LAST SALARY /NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 91413001 TITLE CODE: NO 9822 BUDGET ACCT. OBJ. 141113 PROD. ID PERSONNEL REQ. NO 2010 -43 SALARY RANGE OF POSITION $22,070 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner of Parking DATE: 1 0125110 - -- SIGNATURE OF APPOINTING AUTHORITY: ORiCaIl�3AL.t COMES" TC?. .f ITY CLERK':. ON /131W1 OPtl I PPOINTMENT DATE OTHER COPIES TO: #5- COMPTRBLLER #6- HUMAN SERVICE' CCVVIL SERVICE #7- BUDGET 0- DEPARTMENT #9 DIVISION #10- EMPLOY/ E 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 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 Division of Streets to the Position of True Driver Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) JEnter Starting Salary) : Starting Salary of: $22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jeffrey Dunbar DATE ADDRESS 155 O'Connell Avenue CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -9857 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE .4so2)006 1 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009124 SALARY RANGE OF POSITION $22,468 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME. OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING, AUTHORITY: Commissioner g DATE: 10/22/2010' SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION ##10- EMPLOYEE(S) 6f 43 (Rev 1 -02) Certificate f 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 appoiaitnient(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: 1 l / TI in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary); Starting Salary of $22,466 LAST JOB TITLE NAME Henry Bogan LAST DEPARTMENT DATE ADDRESS 174 Butler St. LAST SALARY CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX -3422 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DI GITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 6029 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010 -39 SALARY RANGE OF POSITION $22,460-$37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Sty nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 101221201(} .. SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL t 3 COPIES TO: CI K. ON /BEFORE APPOINTMENT DATE O'T'HER COPIES TO: #5- COMPTROLLER #6- .HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #8- {DIVISION #10- _EMPLOYEE(SI #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, 1 transmit this certification of appointinent(s) or promotio t further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the _7 Appointment Effective: in the Department of Public Works Division of Streets to the Position of True Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum], Intermediate, Maximum, Flat (Insert one) MINIMUM enter Starting Salary) : Starting Salary of $22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Gregory Wachowiak DATE ADDRESS PO Sox 1921 CITY & ZIP Buffalo, NY 14240 LAST 4 DIGITS OF SSN. XXX - -4676 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 41101 ► PROJ. ID PERSONNEL REQ. NO 2009-023 SALARY RANGE OF POSITION $22,46$$37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Steprtiak TITLE OF APPOINTING. AUTHORITY: Commissioner � r� DATE: 1012212010 SIGNATURE OF APPOINTING AUTHORITY:' ORIGINAL + 3 COPIES TO: :CITK' CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION 910- EMPL O YEE(S) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 ofthr Ordinances of the City of Buffafo, 1 transmit this certification of appointment(s) or promotion(s). I li €rther certify that the person(s) narned in Schedule "A" have been certified or approved by the Human Resources /Civit Service for the Appointment Effective: I T in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM iEnter Starting Salary) : Starting Salary of $22,466 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Moses Hyman Jr. DATE ADDRESS 16 Blake St. CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN, XXX -XX -0758 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ, NO 2009122 SALARY RANGE OF POSITION $22,468- $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: inioornnin <. SIGNATURE OF APPOINTING AUTHORITY: OTHER W DEPARTMENT #9- DIVISION #10- EMPLOYEE(8) DGET C V1 #3 {Rev 1-02) Certificate t In compliance witb provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Bilffalo, I transmit this certification of appointment(s) or promotion(s), t 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 Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $22,460 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Richard Gallagher DATE ADDRESS 66 Cambria St. CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX -1060 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REO. NO 2009 -123 SALARY RANGE OF POSITION $22,466- $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: lq twan -1 Rf a OTHER COPIES TO: #5 COMPTROLLER #s= HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #$- PEPARTMENT #9- DIVISION #10 EMPLOYEi (S1 #/3 (Rev 3 -02) v Certu"ficate 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 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 Division of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Plat (insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $22,070 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Guy J. Jaeckle DATE ADDRESS 83 Fuller St. CITY & ZIP Buffalo, IVY 14207 LAST 4 DIGITS OF SSN, XXX -XX -2117 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9622 BUDGET ACCT, OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2010 -67 SALARY RANGE OF POSITION $22,070 - 34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Step rliak Comm issioner 1113/10 ORIGINAL r 3 COPIES TO CITY CGRK {ON /BEFORE APPOINTMENT DATE] OTHER COPIES TO: 46 COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYE #3 (Rev 1 -02) d. Certi 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 appointments) or promotion(s). I furiher certify that the persons) named in Schedule "A" have bectt certified or approved by the Human Resources /Civil Service for tite Appointment Effective: 11/01/ 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) FLAT (Enter Starting Salary) : Starting Salary of: $1 5.00 LAST JOB TITLE Sr I" Cl Stationary Engineer NAME Richard M. Veroba LAST DEPARTMENT Buildings DATE 05130/10 ADDRESS 24 Lester Street LAST SALARY $15.00 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -1423 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP (_AST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 632J BUDGET ACCT. OBJ, 412002 PROD. ID PERSONNEL REQ. NO 2010 -12 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE.: 10/27/2010 f � SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: C CLI= OLONIBEFORE APPOINTMENT_ DATE) OTHER COPIES TO: #5- COMPTROLLER #6/ HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT - #9- DIVISION #10- EMPLOYEE(S) 0 (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 Buffalo, I transmit this certification of appointments) or prontotion(s). I farther certify that the person(s) natned in Schedule "A" have been ecrtitied or approved by the ! Inntan Resources /Civil Service for the Appointment Effective: 11/02/2010 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, Plat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1 St CI Stationary Engineer NAME Mark H. Overfield LAST DEPARTMENT Buildings DATE 04129/10 ADDRESS 320 Fenton Street LAST SALARY $15.00 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX - 2276 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE 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 PROJ. ID PERSONNEL REQ. NO 2010 -12 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Std niak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 1012712010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL- + 3 UQV1LS 1 (K . '1 KK -. (UN113tt -t)rct wt- t-U1 €v 1 €v€t€v € vH € t OTHER COPIES TO: #5- COMPTFCOLL R #t3 - 1 IUMAN SERVICESIGIVIL SERVICE #7- BUDGET #8- DEPARTMENT N- DIVISION #10- EMPLOYEE(S) In compliance with provisions of Section 24 -2 or the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or proniotion(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: 11/03/2010. in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Mass 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. V Cl Stationary Engineer NAME Edward D. Standish III LAST DEPARTMENT Buildings DATE 07/30/10 ADDRESS 444 N. Legion Drive LAST SALARY $15.00 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -7399 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE, NO 632J BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2010-12 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 Steven J. Stepniak Commissioner of Public Works, Parks & Streets 11/03/2010 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLQYEE(S) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions or Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appoi €rtment(s) or promotiort(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: 11/03/2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Glass 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 o£ $15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Mark D. Blake LAST DEPARTMENT Buildings DATE 05/27/10 ADDRESS 158 Dundee Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. xxxaxx -2791 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAS 4 DIGITS OF SS 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 2010 -12 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 of Public Works, Parks & Streets DATE: 10/27/2010 f SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: '.:.C.. L K: ONIBEFORE AP'P'OINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER # &- Hl 11MAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #3 (Rev 1 -02) to compliance with provisions or section 24 -2 of the Charter and Chapter 35.1 of the Ordinances of the City of Buffalo, I transmit this certification of appointtnent(s) or promotion(s), I further certify that the person(s) named ill Schedule "A" have Keen certified or approved by the Human Resources /Civil Service for the Appointment Effective: 11/04/2010 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) PLAT (Enter Starting Salary) : Starting Salary of. $15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Michael J. Schieber LAST DEPARTMENT Buildings DATE 0513.0110 ADDRESS 168 Dundee Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -7381 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2010 -12 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 of Public Works, Parks & Streets DATE: 1012712010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: .CITY. :ER. j NIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HAMAN SERVICESQVIL SERVICE #7- BUDGET #t3- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #3 (Rev 1 -02) G 1 1 1 Certificate 1i, Appo intment 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). 1 further certify that the person(s) na €ned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 11 / 05/2010 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) FIAT (Enter Starting Salary) : Starting Salary of: $15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Timothy D. Devany LAST DEPARTMENT Buildings DATE 05/29/10 ADDRESS 19 Mumford Street LAST SALARY $15.00 CITY & ZIP Buffalo 1€4220 LAST 4 DIGITS OF SSN. XXX - XX - 9918 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XXW REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 4120 PROD. ID PERSONNEL REQ. NO 201012 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR H OUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: E 00 SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner of Public Works, Parks & Streets 11/03/2010 � UMUNAL + 3 COPIES TO -C¢TY t f QNIBEFORE APPOINTMENT DATA OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S1 #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 appoi € €tnnent(s) or proinotion(s). I furtlier certify that the person(s) named in Schedule "A" have been certified or app roved by the Fin €nan Resources /Civil Service for the Appointment Effective: 1.1/05/2010 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) FIAT �Entcr Starting ,Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1 Cl Stationary Engineer NAME Michael J. Whelan LAST DEPARTMENT Buildings DATE 06104/10 ADDRESS 162 Mariemont Avenue LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -0932 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. 0I3J. 412002 PROJ. ID PERSONNEL REQ. NO 2010 -12 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 of Public Works, Parks & Streets DATE: 1 1/0312010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: .CITY"ER1C :(ONIBEF(?RE RPPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #I- BUDGET 48- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #3 (Rev 1 -02) Certificate int n 1` In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transinit this certification of appoilro nent(s) or promotion(s). I farther certify that the person(s) named in Schedule "A" have bee n certified or approved by fhe Human Resources /Civil Service for the Appointment Effective: 11/05/2010 in the Department of Pudic 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 Enter Starting Salary) : Starting Salary of: $15.00 LAST JOB TITLE Sr. 1 s ` CI Stationary Engineer NAME Matthew J. Quinn! LAST DEPARTMENT Buildings DATE 05129/10 ADDRESS 42 Stevenson Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9889 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE 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 2010 -12 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR NAME OF APPOINTING AUTHORITY: Steven J. Step flak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 1012712010 _ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL * 3 COPIES TO: E tT EHK ." tVlk3Et UKE At'YUtN I MEN I UA I t OTHER COPIES TO: #5- COMPTROLLER 46- MAN SERVICESICIVIL SERVICE #7- BUDGET #S- DEPARTMENT #9- 41SION #10- EMPLOYEES) #3 (Rev 1 -02) 1 Certificate of Appointment �i 11) compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transtnit this certification of appointrnew(s) or promotion(s). I furtlict certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 11/06/ 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 tEnter Starting Salary) : Starting Salary of: $1 5.00 LAST JOB TITLE Sr. 1 CI Stationary Engineer NAME Cherie M. Ciaudella LAST DEPARTMENT Buildings DATE 09124/10 ADDRESS 2219 Bailey Avenue LAST SALARY $15.00 CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX-XX -3733 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE 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 201012 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 of Pudic Works, Parks & Streets DATE: 10127/2010 '. _ 7 W SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +3 COPIES TO: CITY CUEW '(ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: 05- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (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 Buffalo, I tra €€snnit this certification of appointments) or promotion(s). I further certify that the person(s) named i €i Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 11/09/2010 in the Department of Public Works, Parka & Streets Division of Buildings to the position of Senior First Clam Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY ;appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (insert one) FLAT (Enter Starting Salary) : Starting Salary of' LAST JOB TITLE Sr. 1 $t Cl Stationary Engineer NAME Andrew Krawchuk LAST DEPARTMENT Buildings DATE 04130/10 ADDRESS 427 Forest Avenue LASTS ALARY $15.00 - CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX- XXd0660 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE 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 PROJ. ID PERSONNEL REQ. NO 2010 -12 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: 7T SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner of Public Works, Parka & Streets 11/03/2010 ORK31NAt. + 3 (;QVILb 1 U::t:,11 Y ULtUK. [)1Wtit€ Ht't-unv t tV €c €v t urn t r OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) i NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS November 16, 2010 023 Memorandum To: QW-flwrao1 herald 0i1 Prom.: Program Packaging and Development Services (PPDS) Provider Date: November 2, 2010 Regar ' Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 1, 2010: 1. Draft Agenda 2, Meeting Minutes from JSCB Meeting dated October 4, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 42 — September 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 27 — September 2010 5. Phase III Application and Certificate for Payment No. 43 — October 2010 6. Phase IV Application and Certificate for Payment No. 28 — October 2010 7. Phase V Application and Certificate for Payment No. 11 — October 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project — September 2010 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV— September 2010 RECEIVED AND FILED AL- U0W Buffalo l=ire Department Chief Mark A. Morganti Bureau of Fire Prevention Room 321 City Hall Buffalo, N.Y. 14202 CO a 0 A3)V Dear Chief Morganti: _f { F October 20, 2010' Based upon a suggestion made by John Sek of St. Catherines, Ontario, the Black Rock /Riverside Good Neighbors Planning Alliance (BR /R GNPA) Historic Preservation committee held a meeting on July 15, 2010 to further discuss the idea of commemorative bonfires to be mounted on both sides of the Niagara River during the period leading up to the start of the 200 anniversary of the War of 1812 in Black Rock. This would symbolically mark the American burnings of Newark and Fort Erie in Canada and the subsequent British retaliation via their burnings of Black Rock and Buffalo in America. The burnings took place on both sides of the Niagara River during December, 1813. We propose to stage our events in the Decembers from 2010 to 2013 to encourage participant enthusiasm by timing our events close to the actual anniversary dates The sites on the Canadian side will be explored by John Sek through his knowledge of what public and private lands may be available opposite the American sites for maximum contrast, while on the American side Riverside Park, Squaw island and Broderick Park may be used, with the last located on the midsection of Bird Island, within easy viewing of the opposite bonfire on the Canadian side. Many groups on both sides stand ready to provide the expertise on how to construct and contain a medium size bonfire, in our case defined as no more than one level or five feet high. These include service agencies, veterans associations, and the public affairs officers who organize and promote college football homecoming celebrations. The bonfire mechanism was chosen because of its tie -in to the burning of villages during the war; it is a relatively inexpensive task using dried wood, matches and an accelerant as the main less expensive ingredients; it can serve to publicize and connect to other nearby community events and its attention getting qualities may draw people into other cross border fundraisers or festivals and the price of admission would be a contribution toward these more affordable bonfire ingredients. The bonfires would be mounted on excavated concrete or mud pits about five feet by five feet square containing a fuel with accelerant, about one foot deep to confine and define the flames, using a cover of portable flat steel plates %" in thickness with slotted grooves to support the first layer of firewood upon which the rest of the bonfire will be built. This will also protect lawn or field areas, although in winter the grasses would be wet or snow covered. Bonfires are an attraction in any kind of weather. People can keep warm near them on the cold days we plan on using them. Suggestions have been made to use propane heaters, search lights or laser lights, but these may be better situated as promotional attractions preceding the bonfires, rather than as the main attraction, substituting for the bonfires, as the fire manifestation should be kept as naturalistic as the original, as the source of the property destruction. The first year we would keep the number of bonfires limited, as we at that time only want a low key demonstration project to obtain a sense of the planning and logistics involved, requiring no immediate f -% outlay of money. As a trial run, we will get the learning experience to gage the project's community worthiness and develop the confidence needed to more successfully hold such an event when a more professional process will result. The number of initial attendees should be kept low allowing a more informal teachable moment. At this time we may use volunteers and have fire control agencies on standby, while developing practical, in -kind skills in fire creation and retardance. Soon enough subsequent reenactments will have to recognize the problems inherent when any event becomes too popular, and receives media attention, encouraging widespread message advertising. These problems would take the farm of crowd control, the need for a widespread publicity continuum, provisions for parking, having emergency medical personnel on standby, liability insurance coverage, sanitary stations, refreshments under tents, providing speakers for explanatory lectures, costumed docents leading tours among the sites, gift shop sales of complementing goods and establishing security bases involving traffic control and providing directions to the attending local residents and tourists. Laser shows or simulated cannon firings may precede, accompany or follow the bonfires to remind participants artillery positions existed on both combatant sides of the Niagara River, providing bath defense and offence to the burning of the villages. Those service groups desiring to be involved would be asked to submit a package deal plan outlining what they are prepared to provide and how they would handle the public interest response and resultant needs. Having outlined our plans for holding War of 1812 commemorative bonfires, the Historic Preservation committee has requested the War of 1812 Binational Legacy Council study our proposal and with their approval consider our request for $5,000. In seed money to fund this enterprise and allow us to integrate these plans in cooperation with public and private entities whose permission will be needed through permits and letters of support, in order to successfully and legally move forward. With this thought in mind, the Historic preservation committee requests the cooperation of the Buffalo Eire Department, Fire Prevention and Safety unit in advising us of the best ways to plan, locate and execute these commemorative bonfire symbols of the War of 1812. We are prepared to adhere to whatever rules your department tells us will be necessary to safely hold this dramatic representation of the historic town burnings and in compliance with these regulations, ask vour department's permission to implement these bonfire plans as outlined above, in accordance with whatever subsequent permits are to be appropriately issued. We express our appreciation for your consideration of our proposal. Please so advise if you need any further information or exhibits from us. Attachment: Map of the three bonfire sites on the American side within the City of Buffalo. Sincerely yours Warren F. Glover Chair -- BR /R GNPA Historic Preservation committee Phone: (715) 835 -2903 E -mail: w y REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF FIRE ' ' --- n 0 tow 0PC 0= TI)e J91iffato Common Council MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851.5169 # FAX: (716) 851r4294 E -mail: nikearnsOcity- buffalo.com r CHAIRMAN FINANCE TRANSPORTATION WATERI RONT DFVF[0PMFN COMMITTEES BUDGI T BURA CIVIL. SERVICE CLAIMS LEGISLATIVE ASSISTANTS MARTHA-ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER TO; Gerald Chwalinski FROM: Councilmember Kearns DATE: November 8, 2010 RE: M. Kless letter re Procedures on Civil Service Exams I would like to file the attached information for the next Common Council meeting to be held on November 16, 2010. Thank you. 1 70 TO ' O P NI;iE ON CIVIC: SERVICE r4 'For the People' j MICHAEL A. KLESS ' 87 PAYNE AVE. BUFFALO, NY 14220 10 /30 /10 Michael P. Kearns South District Common Council Member Room 1401 City Hall Buffalo, NY 14202 Dear Mr Kearns: It my understanding you are on the Civil Service Commission and you are the council member for my district. I have a few problems m I have taken a lot of exams over the years at the City of Buffalo site, the Erie County site and the NYS site. I have been trained and worked as an exam proctor 1 monitor for NYS at the NYS exam site. -> What I saw today blew my mind, the people who were running the exams violated test security & testing procedure to include telling people which questions to answer - A LARGE part of the test is being smart enough to figure out what questions to answer and this ungraded part of the test was not given because of the conduct of people giving the exam. This was so bad I have formally asked that the exams be voided and a retest scheduled along with having NYS teach the people in Buffalo how to give an exam. I have enclosed a copy of my complaint F I think the Civil Service Committee should loop into this. await your reply. Sincerely Yours Michael A. Kless REFERRE'D THE, COMMITTEE ON CIVIL NUCHAEL A. KLESS 87 PAYNE AVE. R BUFFALO, NY 14220 10/3{/10 NYS Dept. of Civil Service Attn: Nancy G. Groenwegen Commissioner Alfred E. Smith State Office Building Albany, NY 12239 Dear Ms. Groenwegen: I took an NYS CS exam today administrated by the City of Buffalo. If 1 could fill out a critical incident report on what happened to dad I would! I am formally asking that the exam I took and the other 5 or 6 exams that were given in the same test room be voided and the candidates be scheduled for a retest because'of several major violations of test security by the persons proctoring the exams. Test Date - 10/30/10 Test Location - McKinley HS Test Room - Caft Locality - Buffalo 1st # with 3 or 4 different series being giving and several exams in some of those series - the "head" proctor read the candidates instructions to include which test plan each candidate was to use and specifically which questions to answer in that test plan (this was done for each and every test being biven)a - the candidate instructions state VERY plainly that it is the responsibility of the person taking the exam to identify which questions to answer and the monitor can not help them - not only did the monitor help them they specifically told people which questions to answer. The series I took had 3 different test plans depending on title, at one point one of the assistant proctors had to tell people to calm down they were not answering 105 questions that was only for 1 test plan, this caused great confusion among people who have not taken tests before and this is a possibility people did the wrong questions because they were following his instruction. The head proctor did correct himself several times as he was giving these instructions however he was doing this for the people at the other end of the cafeteria and I could not hear the entire exchange between him and the candidates. But their seamed to be some confusion on what questions to answer. 2nd - After the exam booklets were passed out but before the exam started 1 man told the head proctor he left his glasses in the car and had to go get them, the head proctor was a nice guy and let him go. As far as I know he went alone to his car -> leaving an exam room and leaving the building and then coming back in and taping the test ?? I understand being a nice guy but he should have made sure a monitor gent with him to the car, from my vantage point I could see the test room door and the hall and I slid not see anybody go with the man in question. I am not saying the man in question did anything wrong just telling the lack of test security. 3rd -ale as a group were told to sign the admission slips, NOBODY ever checked ID - this was not a, case of I slid not see it happen, I never took my wallet out - anybody could have taken this exam for me or anybody else. If I am to be beat on an exam I at least want the person beating me to be the same person who gets the job! 4th - People were told to count the pages in the test booklets but they were not told to do it with out opening the test booklets, I saw a lot of people "counting" the pages iri the test booklets with the booklets fully open and them reading the questions. 5th - in violation of rules m the exam notices were collected as the exam was started, it is my understanding having worked as a test proctor in a NYS test site that exam notices are NOT to be picked up until an exam has been completed and it is turned it with the rest of the paperwork 6th - When people were finished they were just walking up 4 several people walked up at the same time, 'nth - When I turned in any test booklets after the exam the person taking the paperwork NEVER counted the pages in the test booklet I turned in. I think based on the males. broken, lack of test security & the possibility the head proctor 1 monitor told people to answer the wrong question or created confusion on what questions to answer that ALL the test administered in the Cafeteria at McKinley high School today should be thrown out and a new test ordered and ALL costs to be covered by the Buffalo Civil Service Department. I await your reply and any follow up questions you may have. Sincerely Yours Michael A. Kless : Their were 4 people working in this room, not 1 objected to what 1 saw, not 1 objected to the person leaving the roorn alone not I objected to the reading of wWch questions to answer, I think this ends ar - ty question this was are isolated incident and is a matter of business as astral. I can only weirder what other violation have happened but not repoffe . because the candidates did not know the rules were being broken. MICHAEL A. KLES S 87 PAYNE AVE. BUFFALO, NY 14220 10/30/10 NYS Dept. of Civil Service Attn: Local Exam Division Alfred E. Smith State Office Building Albany, NY 12239 Dear Sir: Please read the attached letter to Ms. Groenwegen. I again ask that the tests in question be destroyed and the candidates me retested because of multiple rule violations and failures in test security by the proctors / monitors. I also ask that your division to a retraining of how to proctor an exam to those running the Buffalo Civil Service Office. I also ask that you schedule the retest at the Mate Site so QUALIFIED personnel can proctor / monitor these exams and ALL upcoming exams until you have had time to reeducate the Buffalo Civil Service Department in how to give an exam M Additionally any extra costs to do this should be paid by the City of Buffalo Department of Civil Service and NOT passed on to the candidates and if a candidate can not make the retest date they be given the opportunity to retest on a different date because they did not cause this error. I await your reply. Sincerely Yours Michael A. Mess MICHAEL A. KLESS 87 PAYEE AVE. 1. BUFFALO, NY 14220 10/30/10 Buffalo Civil Service Room 1001 City Mall Buffalo, NY 14202 Dear Sir: I took an exam today - I save several violations of test security and test procedure, as a result I have asked the NYS Dept. of CS to void todays tests and schedule a retest. Yours Mchael A, Kless 00031 Toe N' uffato C.M.Mou .i MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (715) 851 -5169 o FAX: (716) 851-4294 E -mail: rnkearns @city- buffalo.com CHAIRMAN FINANCE= TRANSPORTATION WATERFRONT DEvaol €viENT COMMITTEES EES BUDGET SURA CIVIL SERVICE CLAIMS 10 November 2010 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Re; Street Sign Changes Dear Mr. Chwalinski: LWISLAIEVL ASSISTAE I.S. ~KK MARTHA -ANN MURPHY KE t.I -Y M. KRUG RUSSELL C. WEAVER New guidelines for street signs and pavement markings are being mandated by the Federal Highway Administration and the US Department of Transportation. By 2018, the lettering and materials used for street name signs must be changed. The Common Council filed a resolution calling for sharing of municipal services on May 13, 2008. The City of Buffalo has a sign making shop that is capable of producing street signage. The city can fabricate and sell signage to. smaller towns and villages that presently outsource their sign making to companies outside of Western New York. The Council is awaiting a response from the Department of Public Works Parrs and Streets detailing pricing of this work. Please file the attached item for ftu Cher consideration at the next Common Council session to be held November 16, 2010. Your assistance is greatly appreciated. Sincerely, Michael P. Kearns South District Councilmember Z CHAIRMAN I M ICHAEL_ P KEARNS SOUTI-I DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 - 3318 PHONE: (716) 851 -5169 4 FAX: (716) 851 -4294 E -mail: mkearns@city- buffalo.com FINANCE TRANSPORTATION WATERFRONT DEVELOPMFNT CLQM1LITTEE.S BUDGET BURA CIVIL. SERVICE CLAIMS LEGIS.I.ATIVE ASS_IS."C€ N]S MAR LIJA -ANN MURPHY KELLY M. KRUG RUSSLLL. C. WEAVER ' 1 TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: November 8, 2010 RE: Articles r Tearing down Skyway I would like to file the attached information for the next Common Council meeting to be held on November 16, 2010, Thank you. F E R R E D € 0 T f ! IMITT f� 4} �� For the People "' Urban expert has easy fix: Raze Skyway - Doan Esmonde 4 The Buffalo News Page 1 of 3 46 0 ForecastRadar Urban expert has easy fix: Raze Skyway By Donn Esmonde Published: October 31, 2010, 12:0o AM Updated: October 31, 2010, 5:23 PM I do not know who else we have to hear it from, or who better. He has seen the world, from Paris to Prague, from Beijing to Buffalo. He has spent a professional lifetime learning what works for cities. He did it from the inside, as mayor of Milwaukee -- where he inherited a petrified political culture a lot like our City Hall. Now he does it from the outside, as head of Congress for the New Urbanism, a posse of urban physicians who prescribe remedies for city ills. http:// www. buffalonews. com/ city / columns /donn- esmonde /article237221.ece 11/8/2010 Urban expert has easy fix: Raze Skyway - Donn Esmonde - 1 lie burlato News r arc /� v., John Norquist is NBA -tall, lean and so bright he sometimes seems bored with the rest of us. He has, for reasons professional and personal (his wife is from East Aurora), ` passed through Buffalo since 197 He looks at the city's waterfront and sees not just what is,. but what should be. When Norquist calls our vast, near -- vacant stretch of waterfront south of downtown "one of the best development parcels on all of the Great Lakes," there is no one to better believe. (Take a look at "Buffalo's Waterfront" at v4deo.buffalonews.com). He and I sat down Thursday at Dug's Dive restaurant, one of the few signs of life on Buffalo's scrub -brush lakefront. To our right was a large, empty warehouse. Beyond it was hundreds of acres of uninhabited waterfront land within sight of downtown. Lack of easy road and bridge access, and decades of dismal stewardship by our transportation authority, has kept vacant the community's most valuable real estate. Two remedies: Put up a cross - channel lift bridge, maybe near HSBC Arena, to connect downtown to the outer harbor. Take down the development- choking Skyway. Norquist said a lift bridge —a$7 million down payment just got made on it —kicks open the door. "It would open this land up to hundreds of millions of dollars in development," said Norquist, who was in town for a development forum. "Developers will come down from Toronto." The other half of the equation: Take down the waterfront - killing Slgnvay. Norquist counted Buffalo among the biggest victims of 195os -era master builder Robert Moses. His philosophy of high -speed highways cutting through cities --or along their waterfronts— were like knives carving up a torso. The Niagara Thruway and the Skyway are classic cases in point. "Robert Moses' dead gray hands are still strangling the city of Buffalo," Norquist said. "Your entire waterfront is separated by highways. It's ridiculous." The worst of it is the elevated Skyway, a development- killing monster hovering like a guillotine over the waterfront. "The Skyway has been suppressing real estate values ever since it was built," Norquist said. "The blight is so apparent. It is not a good place for a freeway, and it is not http: / /www.buffalonews. corn/ city/ columns /donn- esmonde /article237221.ecc 11/8/2010 Urban expert has easy fix: Raze Skyway A Donn Esmonde - The Buffalo News Page 3 of 3 needed." t r�> There is a growing chorus, led by Rep. Brian Higgins, for the state Department of Transportation to dismantle the Skyway. The few minutes it saves in commute time is not worth the price we pay. A lift bridge should hasten its demise. "It is a maintenance nightmare that v011 eventually come down," Norquist said. "You might as well do it sooner than later ... The main opposition to it is bureaucratic resistance." There are reasons why our near - downtown lakefront looks like a vast vacant lot. It is not by chance or accident. The problems, to an urban physician like Norquist, are as obvious as any fractured skull or broken arm. So is the remedy. Toronto is taking down the Gardiner Expressway. New York City demolished the riverfront- killing West Side Highway. San Francisco jettisoned the elevated Embarcadero. And on and on. The sooner we wise up, the better. Which begs the question Norquist asks: What are we waiting for? desm.w deOuffnews,cvm Copyright 1999 m 2010 - The Buffalo News copyright - protected material. http: / / www.buffalonews.com/ city/ columns /donn- esmonde /article237221.ece 11/8/2010 Urban guru says tear down Skyway - City of Buffalo - The Buffalo News Page 1 of 2 . 0 , 4 60 ForecastRadar ............ _... . Urban guru says tear " By Mark Sommer Published: October 28,2010,12:00 AM Updated: October 28, 2010, 6:47 AM An urban planning expert said it's time for Buffalo to tear down the Skyway, and he believes building an outer harbor bridge will increase that likelihood. John Norquist, president of the Congress for the New Urbanism and former mayor of Milwaukee, said Wednesday that the mile -long Skyway is the main stumbling block that is keeping Buffalo from unlocking the real estate market and reconnecting the city with the waterfront. "Buffalo could be the most beautiful port city on the American side of the Great Lakes," Norquist said. "Compare Buffalo to Duluth, to Chicago, Milwaukee, Cleveland, Erie. If you got rid of the Skyway, and let that area around Fuhrmann Boulevard develop with an intense urbanism and highly connected street grid, coming almost right up to the water, it could be fabulous." Norquist will speak today in the auditorium of the Burchfield Penney Art Center at 8:80 a. m., then at 10:45 a. m. on a panel including developers Rocco Termini and Carl Montante Jr., Kathryn Foster of the UB Regional Institute and Jacques Gourguechon http: / /www.buffalonews.c,om/ city / communities /buffalo /articic23379 Lece 11/8/2010 Urban guru says tear down Skyway - City of Buffalo - The Buffalo Nevis Page 2 of 2 of Camiros, an urban design company consulting with the City of Buffalo on zoning issues. "It's a good time to make the decision and to make it clear to the next governor and the state Department of Transportation that the Skyway has to go," he added. Norquist, who said Buffalo needs to embrace change, wrote about the approach he took as mayor of Milwaukee from 1988 to 2004 in "The Wealth of Cities." "I think the City of Buffalo, which bears a lot of similarities in its attitudes and characteristics with Milwaukee, needs to make some breaks with the past and have a more positive attitude about itself," he said. "It's got to be proud to be a city, and it needs to erase some of the past mistakes." South Council Member Michael P. Kearns said he wants to see a cost study done on tearing down the Skyway. A study published in Buffalo Skyway Management in 2oo8 by Bergmann Associates found preserving the elevated span for 20 years would cost $42.7 million — money, Kearns said, that could be much better spent on alternatives. "The Skyway is costly, unpopular and dangerous, an overall detriment to the future of developing our waterfront," Kearns said. Norquist said that besides funding, the biggest obstacle to taking down the Skyway is the state Department of Transportation. Copyright xggg 2010 - The Buffalo News copyright -- protected material. http: / /www.buffalonews.com/ city /communities /buffalo /article233781.cce 11/8/2010 Tbe 3suffato Common couutiC MI CHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PLIONE: (716) 851 - 5169 4 FAX: (716) 851 -4294 & -hail: rnkearnsOcity-buffalo.com TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: November 8, 2010 Waterfront Community Development Agreement C AIRMAN FINANCE TRANSPORTATION WATERFRONT DEVRORMLNT C(3MMI f3 "[ES BUDGE F BURA CIVIL. SERVIff CLAIMS L EGISLATIVE ASSISTANTS MART HA - ANN MURPHY KELLY M.KRUG RLISSCLI, C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on November 16,20 10. Thank you. �J "For th People "" October 14, 2010 [dear Seneca Street Business Owner: Re: Waterfront Community Development Agreement I am writing this letter to inform you of the Waterfront Community Development Agreement. As you likely have read or seen in the media, Erie Canal Harbor Development Corporation ( "ECHDC ") wants to purchase land from the City of Buffalo for the continuing development of Buffalo's waterfront with the Canal Side Master plan. In exchange for the land, I negotiated with ECHDC to deposit $1,000,000 into a Waterfront Neighborhood Economic Development and Preservation Fend for your neighborhood business district and in total $10 million citywide. The purpose of the Waterfront Neighborhood Economic Development and Preservation Fund is to enhance your business district. Money in the fund can be used for the following purposes: ® Business loans and grants; ® Signage and storefront improvements; * Security enhancements; Parking improvements; Streetscape upgrades (e.g_, lighting, planters, street furniture, trash receptacles); Historic preservation activities; Installation and rehabilitation of public art. My intention is that your business distr=ict will set the priorities for the expenditure of this money. To ensure that your voice is heard, I will call a public meeting so that the Board that is overseeing the expenditure of this money will hear your voice. At this time, however, the $1,000,000 for your business district is only a possibility and not a reality. The Common Council has yet to vote on this proposal. If you feel that this initiative will benefit your community, I encourage you to contact your councilmember and share your view on this extraordinary opportunity for your business district. Sincerely, By W. Brown Mayor P RE TO TPR COVIM117EE N CW9,iiViUNHY 0 E 65 NIAGAPA SQUARE / 201 CITY HALL / BUFFALO, NY 142o2 -3392 / (716) 851 -4841 / FAX (716) 551 -4360 / xm— .city- buffaro.com 0003 T�je 9SUM110 &DIUM01t COU1161 MICHAEL J. LoCURTO DELAWARE DISTRICT COUNCIL MEM13ER 65 NIAGARA SQUARF, 1405 CITY HAL BUFFALO, NY 14202 -3318 PHONE, (716) 951.5155 0 FAX: (716) 951 -4553 E -mail: mlocurto@ city- buffaloxom I�}~�I�LA�'I�IE ��sl�iAhI35 PAUL ALAGNA BRADLEY K. HAMM November 10, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 �e: Three -phase plan for revitalization of Statler property Dear Mr. Chwalinski: L, !q .HAI COMMUNITY DEVELOPMENT oUMITYFES E wisLAr FINANCE BUDGET 0A _ RD 5 9URA Please file the attached item for further discussion at the next Common Council session to be held November 16 2010. Thank you in advance for your assistance in this matter. � Working for Today r- Planniing fo Tom Or row 1 T1__' PRESERVATION BUFFALO NIAGARA BACKS DEVELOPER'S STATLER PLAN Three -phase Sta tier solution ,creates innovative "blended partnership" BUFFALO, IVY (November 10, 2010) — Leaders from Preservation l3uffalo Niagara today announced their support of a plan detailed by the leadership of Statler City LLC for the long -term revitalization of the historic Statler property at 107 Delaware Avenue. Both organizations advanced a "blended partnership". concept of community, philanthropic and government support to address the immediate "first phase" needs to stabilize the building's exterior and address specific public safety issues.. . "The Statler is a nationally significant building much beloved by Buffalonians. Preservation Buffalo Niagara is pleased to announce today our support of an effort to revive this vital building" stated Henry McCartney, executive director of Preservation Buffalo Niagara. "The principals of Statler City LLC have done their homework, carefully studied the building and come up with a feasible plan. It is now time to show there our support and move forward with this effort to save the Statler" Mark D. Croce, a principal of Statler City, said the decision to Ariake an offer to buy the Statler w.as both a practical and emotional decision. "The Statler is an integral part of our community, not simply for her historical and architectural significance, but for the role she has played for generations in this community," explained Croce. "I want my son to be able to experience the Statler as my father and his father did before him." The three phases delineated by Statler City attorney Robert Knoer in a presentation to community leaders are: PHASE ONE: Use blended funds to secure the exterior to allow for the removal of the fence and boarded up facade and to repair the roofs to prevent further deterioration. PHASE IWO: Use private funds to revitalize the first floor and mezzanine area into mixed use space that would allow for a revolving infusion of cash from banquet and small retail operations. This money will be used to pay the required operating expenses of the building pending more extensive redevelopment. (more) Ad one/ statler PHASE THREE: Allow for the remaining tower space to grow organically as the local market demands into hotel, residential or if needed office space. As part of that longer term revitalization, a connection to the existing Buffalo Convention Center across Franklin Street is proposed. This allows the community to get a benefit back for their investment in stabilization, Knoer explained. The ability to finally realize a larger Convention Center will lead to more. convention dollars, bed tax and sales tax revenues, and an infusion of out of the region dollars being brought into the local economy, he said. "We have advanced the concept of tying into the Convention Center to allow for their long desired expansion. This provides a real public benefit in return for the stabilization investment. A new 50,000 square foot exhibition space could connect the center to the elegant meeting and banquet space of the Statier." he said. Knoer added that the site for the convention center was originally selected for its proximity to the Statler, and the Statier was run as a Convention Center itself. A final decision to expand the Center would have to be up to the Convention and Visitors Bureau and City and County officials. "We're interested in working with governmental entities and even other developers in using the Statler for creative community solutions," Croce said. Preservation Buffalo Niagara has proposed an innovative funding mechanism for the $5 million necessary to complete stage one and bring the Statler back to an active community role. "We believe this investment can and should be shared by a variety of community, government and philanthropic sources, a combination that is more than a traditional public /private partnership, one that, establishes blended partnership," explained Catherine Schweitzer, chair of Preservation Buffalo Niagara. "Often times in our community we look for some outsider to ride in on a white horse and rescue us from our challenges. We have the capacity and commitment in our community to answer this challenge together,' she said. Details as to how others can support the Statier project will be announced after the sale of the Statler closes. Preservation Buffalo Niagara is a membership organization with more than 1000 individual and family members, plus civic, foundation and corporate supporters. Its' mission is to identify, preserve, protect, promote and revitalize historically architecturally significant sites, structures, neighborhoods, commercial districts and landscapes in Western New York. EFF E- TO, THE COMMITTEE ON COMMUNITY DEVELOPMENT, 000) M t Cit Bu ff al o, November 16, 2010 Gerald Chwalinski, City Clerk 1302 City Mall Buffalo, NY 14202 ClaiefofStaff is James S. PajaI Senior Legislative fli llistasa IV Kevin .4. Lindcr Senior Legislative Assistants Mark J. Jaskala William 6- Licata Julia A� Paid Melissa Sancliez- Fernandez Richard wall Legislative Aide James N. Jackson RE: Information requested by Common Council Members at the November 3, 2010 Capital Improvement Program Workshop Dear Mr. Chwalinski: Please file the attached information submitted to our staff by email by the Department of Public Works, in response to questions raised by Common Council members at the CIP Workshop referenced above. Thank you for your assistance in this matter. Sincerely, l E JAMES S. PAJAK Common Council Chief of Staff REFERRM THE SPECI OMMI MIEIE ON BUDGET 65 Niagara Square - Room 1413 lj l Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 rt 0 !9 Linder,Kevi l ` From: Rabb, Andrew R. Sent: Friday, November 12, 2010 9 :19 AM To , Linder, Kevin Cc: Stepniak,Steve Subject: FW: Information requested by CM's at Mon 11/08/10 Capital Budget Workshop Categories: Red Category Sorry, I forgot to include Kevin in my e -mail. From: Rabb, Andrew R. Sent: Friday, November 12, 2010 9 :16 AM To: Stepniak,Steve; Schollard, Joseph; Nosworthy,Raymour P. Cc: Merlo, Peter Subject: RE: Information requested by CM`s at Mon 11/08/10 Capital Budget Workshop Parks and Recreation information below. Please let me know if you have further questions. Thank you. Andrew R. Rabb Deputy Commissioner City of Buffalo Department of Public Works, Parks & Streets Division of Parks & Recreation 65 Niagara Square, 505 City Hall Buffalo, New York .14202 -3304 (716) 851 - 9672 A list of Parks Vehicles & Equipment that are anticipated to receive funding pursuant to the following 2011 request PRK.S 11004 Park Vehicles & Equipment (Parks) $ 535,000 (1) Rolipack hollers sit down lawn and greens rolling machine used on golf courses and athletic fields= $50,000 (1) Aria Lift Bucket Truck —to replace one of our two Forestry bucket trucks, both are over 10 years old= $200,000 (3) Ford F150 pick -up trucks — to replace existing aging fleet, $20,000 /each = $60,000 (5) Ford F 450 small dump trucks s to replace existing aging fleet for Parks & Pools maintenance and to pull stump grinder, $45,000 /each = $225,000 A summary of the current status of all projects funded pursuant to the following 2010 ado ted Capital Budget item DCCM 0919 City Wide Parks System $ 894,232 Installation of Playground Equipment Citywide: $410,000 -- contract bids were opened November 10, 2010. Equipment will be purchased under separate contract by mid January for installation over winter /spring 2011. Replace picnic shelters with grills in disrepair: $200,000 — will be bid this winter for installation in spring of 2011 Replace basketball backboard units & mill /overlay /paint court surfaces in disrepair: $280,000 — will be bid this winter for installation in spring of 2011. 1 From: Stepniak,Steve Sent: Tuesday, November 09, 2010 5.03 PM 1 To: Schollard, Joseph; Rabb, Andrew R.; Nosworthy,Raymour P. Cc: Merlo, Peter Subject: FW: Information requested by CM's at Man 11/08/10 Capital Budget Workshop Andy and Joe please provide info From: Linder,Kevin Sent: Tuesday, November 09, 2010 12:15 PM To: Stepniak,Steve Cc: Schollard, Joseph; Merlo, Peter; Pajak,James Subject: Information requested by CM's at Mon 11/08/10 Capital Budget Workshop Commissioner Stepniak, Thank you for attending yesterday afternoon's Common Council Capital Budget Workshop. Based upon discussions at yesterday's meeting, the Common Council respectfully requests that you provide the following information to assist in their Capital Budget and Capital Improvement Program review: A list of Community Centers that are anticipated to receive fundin_ Dursuant to the following 2011 re guests: BLDG 1023 Community Center HVAC & Mechanical Upgrades (Buildings & Facilities) $ 197,950 BLDG 1024 Community Center Electrical Upgrades (Buildings & Facilities) $ 133,750 BLDG 1025 Community Center Roof Replacements (Buildings & Facilities) $ 230,050 A list of Citvwide Buildings that are anticipated to receive fundny—pursua to the following 2011 requests: BLDG 11031 City -wide Building Inspection & Needs Assessment (Buildings & Facilities) $ 535,000 BLDG 11032 City-wide Building Improvements (includes Lanigan Center Improvements) $ 642,000 A list of Parks Vehicles & Equipment that are anticipated to receive funding ursuant to the followin 2011 request PRKS 11004 Park Vehicles & Equipment (Parks) $ 535,000 A surnrn of the current status of all projects funded Dursuantto the following 2010 adopted Capital Budget item DCCM 0919 City Wide Parks System $ 894,232 Thank you in advance for your assistance with this request. Best Regards, Kevin Kevin M. Linder Sr. Legislative Assistant TV City of Buffalo Common Council 1413 City Hall 65 Niagara Square Buffalo, NY 14202 November 9, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 FEE: CCP #27 Mar 2, 2010 - D. FranczylState Audit of the City's Elevator Inspections F1 r ,1 r. 1 Please file the attached report prepared by the New York State Comptroller's office regarding the Audit of the City of Buffalo's Elevator Inspections Thank you for your assistance in this matter. Si ES S. PAIA Amon Council Chief of Staff 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 f 00 03 rs � Chief ofStS James S. PajA Common Council Senior Legislative Rssistani ITS Kevin M. Linder Senior Legislative Assistants faff Nbik J. Jaskula William B. Licata Xcatolatibe Otaff J�dia A. Paul Melissa Sanchez - Fernandez Richard Nall City of Buffalo, NY JagesNiJ Jackson November 9, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 FEE: CCP #27 Mar 2, 2010 - D. FranczylState Audit of the City's Elevator Inspections F1 r ,1 r. 1 Please file the attached report prepared by the New York State Comptroller's office regarding the Audit of the City of Buffalo's Elevator Inspections Thank you for your assistance in this matter. Si ES S. PAIA Amon Council Chief of Staff 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 940 THOMAS P. DiNAPOLI COMPTROLLER STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER 110 STATE STREET ALBANY, NEW YORK 12236 September 24, 2010 Honorable Byron Brown, Mayor Members of the Common Council City of Buffalo 201 City Hall Buffalo, New York 14202 Report Number: S9 -10-15 Dear Mayor Brown and Members of the Common Council: STEVEN J. HANCOx DEPUTY COMPTROLLER DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Tel: (518) 474 -4037 Fax: (518) 486 -6479 One of the Office of the State Comptroller's primary objectives is to identify areas where local government officials can improve their operations and provide guidance and services that will assist them in making those improvements. Our goals are to develop and promote short -term and longterm strategies to enable and encourage local government officials to reduce costs, improve service delivery, and to account for and protect their entity's assets. In accordance with these goals, we conducted an audit of six cities throughout New York State. The objective of our audit was to determine whether local governments are ensuring that all elevators and related equipment' are being properly inspected and tested, and qualified elevator inspectors perform the inspections in accordance with Code. We included the City of Buffalo (City) in this audit. Within the scope of this audit, we examined the Cities policies and procedures, and reviewed the enforcement of elevator inspections for the period January 1, 2009 to March 10, 2010. This report of examination letter contains our findings and recommendations specific to the City of Buffalo. We concluded that the City monitors and enforces inspections of the City's elevators and related equipment. City officials' comments appear in Appendix A. At the completion of our audit of the six cities, we prepared a global report that summarizes the significant issues we identified at all of the cities audited. Summary of Findings The City of Buffalo monitors and enforces the inspection of all elevators and related equipment in the City of Buffalo. Escalators, dumbwaiters and lifts are considered related equipment. Periodic inspections include testing procedures. Background and Methodology The City of Buffalo is located in Erie County, covering approximately 42 square miles, and has approximately 292,000 residents. The City's 2009 adopted budget totaled approximately $494 million. The City is governed by a nine - member Common Council (Council). The Mayor is the chief .executive officer and is responsible along with other administrative staff, for the day -to -day management of the City. One of the primary functions of the City's Department of Economic Development, Permit and Inspection Services (Department) is to streamline permitting, licensing, and inspections. This responsibility includes the oversight of elevators and related equipment. This responsibility of the enforcement of elevator inspections within the City is carried out by the Supervisor of Elevator Inspections. To complete our objective, we interviewed staff, and examined records to get an understanding of the internal controls in place over the enforcement of elevator inspections in the City. We performed on-site visits to 12 City building owners to review elevator and related equipment inspection documentation for the period January 1, 2009 to March 10, 2010. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. Audit Results Enforcement of fns ections — The New York State Division of Code Enforcement and Administration, Section 606.1 requires that all elevators, dumbwaiters and escalators be maintained to safely carry all imposed loads, operate properly, and be free from physical and fire hazards. In addition, the Code requires local governments to enforce these codes and ensure that property owners meet set schedules for inspections and tests. In order for City officials to monitor and enforce the inspection requirements, they must first establish a system to identify and track the elevators and related equipment in the City. It is also essential that the internal controls include procedures for the City to enforce the Code by establishing methods of recourse for dealing with instances of noncompliance. In order to foster compliance, these procedures must be conveyed to the individuals that operate elevators and related equipment in the City. The Code also requires that the City maintain records of inspections, and inspections be on display at all times within the elevator or attached to the escalator of dumbwaiter; or the certificate may be available for public inspection in the office of the building operator. The certificates need to have enough information for the public and the City to be able to determine whether the inspection and /or tests performed complied with the Code. Qualified Elevator Inspectors (QEI) that perform inspections and/or witness tests should either be employed or authorized by the City. We found that the City monitors and enforces the inspection of elevators and related equipment in the City. The City has a system in place to inventory and track all elevators and related 3 The City's fiscal year is July I through June 30. f equipment subject to inspection and testing requirements. Independently performed inspections }. and tests are tracked and followed up on by City personnel. The City has employed a QEI, the Supervisor of Elevator Inspections (Supervisor), to manage the enforcement of inspections. The Supervisor has authorized independent, licensed QEIs to perform the inspections of elevators in the City, which has the legal authority to require that property owners correct violations. As a result, City officials have taken steps to further public safety by ensuring that elevators in the City are being inspected, including City owned buildings. The Supervisor routinely sends out semi - annual letters to notify property owners 60 days prior to inspections being due. Building owners select licensed maintenance contractors to maintain their elevators from the approved list of contractors provided by the City. Annual certificates of operation are issued to the property owners after third party inspections are performed by authorized QEls. The City has collected about $80,000 in revenues from the issuance of elevator operating certificates, elevator maintenance company and elevator inspection service fees, installation and modernization permits, and code violations. In February, 2010, we visited 12 building owner /managers in the City to test compliance with the Code. Our sample included 56 buildings with 197 lift devices, including 178 elevators (165 passenger and 13 freight) and eight escalators and I I other lift devices. All 12 owners were able to provide the required inspection documentation and were in compliance with Code. This includes the 61 City -owned lift devices. The Supervisor had confirming documentation on all of the field inspections that we tested. When required inspections are performed and the City enforces the Code, public safety is enhanced. If you have any further questions, please contact Ann Singer at (607) 7218310. Sincerely, Steven J. Hancox Deputy Comptroller Office of the State Comptroller Division of Local Government and School Accountability 4 In the event a certain building had multiple buildings with the same owner, we included all buildings and elevators. v`t The City officials' response to this audit can be found on the following page. 4 t BYRON W, BROWN Mayor .. CITY OF B UFFA LO DEPARTMENT 0F ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICE OFFICE OF `I HE COMMISSIONER June 8, 24110 Office of the State Comptroller -- Regional Office Patrick Carbone, Chief Examiner State Office Building -- Roor" 17102 44 Ha Wy St. Birigliaittn., NY .1 Dear Mr. Carbone : - JAMES COIviERFORD, Jr,. ficUng CtlSf4raWii ner I am in.reccipt of draft report 9.110 -15 issued in May 24110, regarding the audit recently conducted of'the City of Buffalo Elevator Inspections office. In y *WO D, the aud was very thorough and the auditors were professional axed courteous. I am in agreement with tho findings and results listed in the rePort. If we can be o f a ny assistance in the future, please don't hesitate to contact us, Sincerely, James Comerford, Jr., Acting Caziuniss € ner Economic Development, Permit & Inspection Services JC1sr CC: a car3vr n vv, City ofBuffal u G5 y! ai;llt OL'.FR14 J .i�•i S :I'll` ! I,,L3. ' t4ka 1 °.ii.( s, til` t4" o X10 [ -71G � 1 - -I''? % 1 ,1 : i ?If; S51-=`IN 1 1'UC111' i wins i ' l v' :ctx lloffit"ttatuns yc raubc Fracturing Hydraulic fracturing (a.k.a hydro- fracking, or frackino is a method of natural gas extraction that t,d. results in the creation of fractures within rocks that aids in the extraction process. It is done by injecting a combination of water, chemicals, and proppant (something that keeps the fractures open, or - propped "... usually sand) to create and maintain fractures within the rock to facilitate in the withdrawal process. Hydraulic fracturing is currently federally unregulated by the Clear Air Act, Safe Drinking Water Act, Clean Water Act. and CFRCLA (Superfund) as a result of of the passage of the Energy Policy Act of 2005. An excerpt from the Fnergy Policy Act of 2005: "SEC. 322. HYDRALILIC FRACTURING. NG. Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 US.C. 300h(d)) is amended to read as follows: '(1) UNDERGROUND INJECTION.--The term `underground injection'-- - '(A) means the subsurface emplacement of fluids by well injection,. and '(B) excludes - (i) the underground injection of natural gas for purpo„ cs of'storape; and '(ii) the Ur T0round injection of fluids or propping agents (other than diesel ;'taels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal '['he Ncw y orl� City Dcpartment of Environmental. Protection conducted a study in which the final lml)act Assessment Report's sun - unary contained the following: - Widespread... [racking ���il] permanently and irre� ersibl }� compromise... geological formation[s]" that !yelp isolate n ar- SLWCUC freshwater from highly saline vNiaters of deeper formations - Increased likelihood of migration ofhacardous chemicals into ground watcre'watersliedslreservoirsfctc. - Fracking will "likely be accompanied by the gradual dispersion of low levels of toxic chemicals into the eri ironment and potentially the water supply via multiple transport pathways" _ Water withdrawal "could significantly impact commitments for water supply and habitat protection" v Flowback and produced water (resulting from the hacking; process) "will produce an industrial - strength waste stream characterized by exceptionably high concentrations of�a wide range- of'substances with the potential for adverse health and water duality effects ". h was concluded that these as well <<s other adverse effects could be expected. --- ------------------------------ Some of your fellow W estern New York residents are working to f ight f - ac:king. Coyne ,join us: 12:00 Noon Every second and fourth Sunday of every month �fayette Presbyterian Church R R R� '� - 1hmwood Ave. [parking lot door] �- LEGSLATION. Buffalo, NY October 20, 2010 Honorable Richard A. Fontana Common Council Member, Lovejoy District 1414 City Hall Buffalo, NY 14202 Dear Council Member Fontana: I am sharing photos taken at a local convenience store on Genesee Street and Humason Avenue in your district on October 18th. Cigarette billboards attached to a City lamp pole is violation of the Master Settlement Agreement and the City's sign codes and is clearly illegal. However, this kind of marketing is exactly what the tobacco companies will continue to do unless we enforce rules for responsible marketing as Councilman Demone Smith has proposed in the Responsible Tobacco Retailing Act (RTRA). In the hearing held back in June on this proposed law representatives from Wilson Farms claimed that their stores adhere to the laws and responsibly market tobacco products. Pictures speak louder than words. No doubt the owners of this store will happily remove the illegal sign when it is brought to their attention. However, we can't waste our time one sign and one violation at a time. We need to adopt a comprehensive plan to clean up tobacco product marketing and have a plan to pay for real enforcement. That is exactly what the RTRA does. During the summer, members of Buffalo Common Council have been bombarded with visits, letters and charts attacking the RTRA from the Altria Group, Inc. who operates Philip Morris USA Inc. (the company so prominently featured in the photos here). They appear to have organized a letter writing campaign from local retailers in opposition to RTRA. We are confident that you will see through the smoke screen and recognize the need for responsible tobacco retailing in the City. Altria claims that existing federal and state laws are adequate, yet one look at the photos and you have a visual demonstration of the need to rein in tobacco advertising in the city. These companies know that their advertising works and they will continue to circumvent the rules so they can make money regardless of the consequences. A N,tional Cancer kistitut - desig€ ated C €mprelwnsive Uncer Center • A €NaHonal Comprehensive Cancer A blue Oishation Center far Complex C,nd Rare. Cancers` „ ; REFERRED TO THE COMMITTEE O LE . OVYEL.L PARK CANCER INSTITUTE C1ru & CarltorI streets I Ouf[alo, ANY 1 ,4263 716 -945 -300 1 wwv.tcs ellpark_org . E - inaii: askr i rosVtetlpatk.org Honorable Richard Fontana Page 2 October 20, 2010 l� � Altria claims that RTRA duplicates the new federal FDA tobacco law and other regulations but in fact the FDA law empowers the City of Buffalo and other municipalities to take control of tobacco retailing in their communities to protect kids from considering this deadly habit. Altria claims that adoption of RTRA will prompt Buffalo consumers to buy their tobacco products elsewhere and will hurt City retailers. However, the primary impact will be to prevent and /or reduce tobacco use and save lives. Buffalo consumers will shift their spending away from cigarettes and instead will have more cash in their wallets to pay for essentials such as food and clothing. Some letters to council members from local merchants stated that costs of tobacco would go up. The truth is that RTRA is structured to create an inspection function at no additional cost to local retailers. Any promise of a raise in price is another example of the heavy - banded scare tactics that tobacco companies command their field sales reps to practice with local merchants. The tobacco companies will continue to attack every part of RTRA using every argument they can think of — no matter how inaccurate, misleading or self - serving. The RTRA represents a logical and effective way to clean up tobacco marketing in our City. I urge you to join with Councilman Smith in endorsing the RTRA and moving this to a vote of the City Council. I would welcome the opportunity to discuss questions or concerns you have with the proposed legislation and look forward to continuing the conversation. Regards, K. Michael Cummings, PhD, MPH Chair of the Department of health Behavior Roswell Park Cancer Institute . cc: Mayor Byron Brown; City of Buffalo Common Council members; Acting Corporation Counsel David Rodriguez A National Cancer InsWute- desirgnated Comprehensive Ca rver Center ° A National Cornpwher=sivc Cancer Network ien,ber A Blue Distinction Ureter iur (on1i)1vx and Rat CarrMrs �,;�; f � ��, � � � ����, �� � � "I �� �k,w Mj7� C A � s ;p "n,N� .: ..� . �r i i III c� \J ���'.' 0 00 31 PLDG west Community Association • Parkdafe • Lafayette • W. iDetavan o Greenwood October 30, 2010 Council Member D A, Smith 1316 City Hall Buffalo, NY 14202 e: Pending Nuisance Abatement Legislation Dear Council Member Smith, We are writing in support of the proposed nuisance abatement law being proposed by City Housing Court Judge Henry J. Nowak. Our Community Association, PLDG West, was formed in the summer of 2009 and encompasses portions of Parkdale Ave., Lafayette Ave., W. Delavan Ave and Geenwood Place. We are very much in favor of having the opportunity to bring a case into Housing Court to address neighborhood concerns such as noise, littering, abandoned cars and graffiti. This legislation would also empower people in their neighborhoods throughout Buffalo to improve quality of life. This legislation would take the burden off of Housing Inspectors and create a clear legal channel for residents to address serious concerns. Thank you for your consideration of this law and your commitment to the City of Buffalo. We look forward to hearing from you. Please address response to Jennifer Silverman, 279 Parkdale Ave., Buffalo, NY, 14213. Sincerely, Ue�i( /�P1f� J1Gtt�f`�tQt( Jennifer Silverman Co -Chair PLDG West cc: Hon. Henry J. Nowak Erie County Legislator Maria Whyte Buffalo Board of Block Clubs Nancy Kresge Co -Chair PLDG West REFERRED TO THE COMMITTEE ON A° • ej d" Z .y t President PHILIP RUMORE October 20, 2010 Memo To: Members of the Buffalo Common Council From: Philip Rumore, President, BTF --ow- °�' " Re: Council Resolution Relating t "Challenging the Federal Government's Approach to Falling Buffalo Schools" BUFFALO TEACHERS FEDERATION, INC 271 PORTER AVENUE FFALO, N.Y. 14201 (716) 881 -5400 FAX (716) 881 -6678 While we, in general, support the resolution that was passed and the return of the principal at Riverside as per the wishes of many of the faculty, we urge caution in expanding this to other principals as was reported in the Buffalo News. The BTF and the faculty at school 45 strongly object to the inclusion in said discussion by the Council of the principal at school 45 as was also reported in the News. As you should have read, that principal had major problems at school 45 (enclosed please find Buffalo News article, teacher survey, and her last correspondence to the staff). We agree that Districts should not be forced to remove a principal; however, we request that before the Council publicly supports a principal or takes action calling for a principal's return, you provide us with the opportunity to give input into your deliberations, cc: Anne Blonski, Delegate Chair School 45 Enclosure: 3 PRJp REFERR TO, T WE-SS PEC IAL COfAMIT ON EDUCATI { �Y a a m Williams will keep principals at three failing schools - City & Region... http://wwNv.buffalonews.com/city/articleg I 025.cce Superintendent James A. Williams says, "If I follow the script to remove the principals from the buildings, I'm going to sit here with principals I don't need that must be head of schools." Sharon Cantillon / News file photo W 0 -1-# 0 iniams will keep prin: at t " . failing schools Federal grants now question By Mary Pasciak Published :July 25, 2010,12:49 AM Updated: July 25, 2010, 0:41 PM Buffalo School Superintendent James A. Williams is bucking federal guidelines by refusing to remove the principals of three failing schools W a a decision that could cost the district up to $42 million in grants. The federal government offers districts up to $2 million a year per school, for three years, to help turn around failing schools. To get the money, the district must replace any principal who has been in his or her school longer than two years. In Buffalo, the principals have been in place more than two years each at three of Buffalo's seven "persistently lowest - achieving" schools: Burgard Vocational High School, Riverside Institute of Technology, and International School 45. 1 of 6 1 0/2 0/2 010 3:41 PM Williams will keep principals at three failing schools - City & Region... http, //xvVny.buffalonews,cor /article8lO25.ece .But the superintendent says he will not move the principals. ,lj If he did, Williams said, that would set in motion a domino effect of other problems. "You can sit in Albany and just say, 'Remove that principal, they've been there longer than two years, "' Williams said. "But who am I going to replace them with? There's a shortage of leaders in this country." That's not the only problem that would be created, he said. Pulling those three veteran principals out of their schools would create a dilemma for Buffalo: Where to put them? The superintendent says a recent arbitration ruling prevents him from reassigning a principal to a position in the central office. That means he would have to reassign the principal to another school. "If I follow the script to remove the principals from the buildings, I'm going to sit here with principals I don't need that must be head of schools," he added. "What am I going to do? Take their so- called 'bad' principals and put them in good schools and say, 'Here's your principal, folks ? "' Beyond all those concerns, Williams says he believes each of those principals has been instrumental in creating positive change in their building. Williams said he does plan to move Fatima Morrell, the principal of Lafayette High School, in one year. That school's problems are too deep - seated for any principal, including Morrell ­whom he described as "a very good principal" °- to overcome, Williams said. Lafayette will close in June 2011, then reopen with a new principal and many new teachers. Even in schools that are performing well, experts agree: The most important person in that building is the principal. An effective principal builds collaborative relationships, troubleshoots problems before they explode, and is a visible presence in the building. In a struggling school, the principal is even more important. Karen Baroody is managing director of Education Resource Strategies, a Massachusetts -based nonprofit that helps urban districts across the country use their resources most effectively. Her group is currently consulting with the Rochester and Syracuse school districts. 2 of 6 10/20/2010 3:41 PM Williams will keep principals at three failing; schools - City & Region... littp:// ww-tv. btiffalonews .coirdeity /article81.025.ece "From our perspective, if you don't have a good principal and you don't give that principal the ability to bring in strong teachers and get rid of low - performing teachers, it's really hard to get traction, even if you spend a huge amount of money on other things," Baroody said. None of the districts her group is working with have refused to replace their principals, she said. She was not familiar with the schools in Buffalo, and did not comment specifically on Williams' decision to keep the principals in place. However, Baroody said her group recently conducted four case studies of low - performing schools trying to turn around. In three of the districts .._ Atlanta, Charlotte, and New York City -- the principals were replaced. In the fourth, unidentified, district, officials spent $1.2 million per year, per school, largely to extend the school day and year o_ a cornerstone of Williams' turnaround plans for Buffalo's schools. That district did not replace its principals. It was the only district out of the four where student performance did not improve. Williams blames Mate In Buffalo, Williams says the problem does not lie with his principals. The problem, he says, lies in Albany and Washington, D.C. He sees the requirement that principals be replaced as part of a much larger federal push to undermine public schools. "Washington, D.C., is trying to force school districts to be like they want you to be. I predict they're going to force on school districts more charter schools, more turnaround schools, and to follow their structure," he said. "That's the whole game they're playing, and it's not fair to our children." Mate Education officials in Albany, who administer the federal school improvement grants, are out of touch with what's actually going on in Buffalo,' Williams charged. Riverside, Burgard and International School have recently undergone renovations, he said. During the time each school was being renovated, students were not only displaced 3 of 6 10/2012010 3:41 PM Williams will beep principals at three failing schools - City & Region.., http: f/ wvviv. buffalone ws.coin/city /articic8lo2S,ece to a temporary location -- they were broken into two groups, with each group at a different site, because no temporary location could accommodate the entire school, he said. "Look at the disruption you have, and the inconsistency in working with children," he said.. "The state doesn't know anything about the construction projects we have here. They haven't gotten out of their offices to come and visit the second-largest school district in New York State." In a recent letter to state Education Commissioner David M. Steiner, Williams laid out his arguments as to why those three principals should not be moved. "There are practical reasons why principal removal would be counterproductive to our shared goals in specific circumstances," Williams wrote. "It is my contention that these principals are not at the core of the schools' low performance." t Florence Kreiter became principal at Burgard three years ago, after serving as interim principal there for several months. In his letter to Steiner, Williams wrote: "The principal at Burgard High School has worked with the school to change the climate from one of low expectations to one of expected excellence. The climate is respectful above all else. Academic expectations are high." State Education Department reports indicate that Burgard's passing rate on the English exam fell from 67 percent in 2007-08 to 43 percent the following year. The passing rate on the Math A exam fell from 45 percent to 15 percent. Across town at Riverside, Michael Mogavero has been principal nearly six years. There, the graduation rate is 47 percent. "The principal at Riverside High School has the knowledge of the school and surrounding community necessary to shepherd the students and staff back into their newly reconstructed, newly restructured school," Williams wrote. Of all the persistently lowest - achieving schools in Buffalo, International School 45 is the building with the longest- serving principal. Colleen Carota has worked in the building for 20 years, including 13 as principal. That school serves a large population of immigrants, including many children who 4 of 6 10/20/2010 3:4I PM Wtiltatns will keep principals at three failing schools - City & Region... http: / /wwkv.buffalonexArs.coii /oity /article81025.ece do not speak English and have never been in a formal school setting before. Williams had tried unsuccessfully for the state to remove International School from the failing list, in light of the population it serves. Williams noted that student scores have improved there, especially in math. In three years, for example, the percentage of eighth - graders proficient at math increased from 18 to 5 percent. "The leadership of this principal has been essential to that success," he wrote. Carota is seen even by many of her critics as having a good understanding of the international students in her school. ut a recent anonymous survey of teachers at School 45, conducted by the teachers nion, found widespread complaints about Carota, whom teachers say has become asty and intimidating. She routinely demeans teachers, curses at them, and hreatens to take their teaching licenses. Several teachers reported that she told them at a staff meeting, "If you think I'm a Several you can get a bigger one. union president Philip Rumore generally defended Williams' refusal to follow federal guidelines. But he criticized the specific decision to keep Carota in her position. "In cases like School 45, it's devastating what's going on in the schools. And what does the district do? Nothing, It defends them," he said. "If it was a teacher, they'd be brought up on tenure charges." The Buffalo News contacted the four principals mentioned in this story, seeking comment. None responded. Instead, Williams called a Buffalo News reporter, saying he would not allow the principals to be interviewed. "This is their professional lives, not their personal lives," he said. "Personnel issues are not public information." Question of funding At one point in a recent interview, Williams acknowledged the possibility that Buffalo could lose out on its grant funding because of his decision not to replace 5 of 6 10 /20 /2010 3:41 PM Williams will keep principals at three failing schools e City & Region... principals. "We probably won't even get funding for [persistently lowest - achieving] schools, because I'm not following their script," he said, referring to the state Education Department. After three years, he noted, the school improvement grant funds would disappear, and Buffalo does not have the resources to step in with its own money to continue any programs that would be put in place. "Why should I dismantle the system when we're showing progress, when three years from now, that money won't be there ?" he said. Later in the interview, though, he insisted that he believes Buffalo will get the grant money. "I'm going to get the money. Yeah. Because we have a good plan," he said, referring to the turnaround plan the district submitted to Albany. The state Education Department is expected to announce its decision regarding Buffalo's grant application in mid- August. mpasciak@buffnews.com Copyright 1999 - 2010 - The Buffalo News copyright- protected material. littp: / /www.buffaloiiews. coin/city /artic1e81025.ece 6 of 6 10/20/2010 3:41 PM City of Buffalo SIGNS Building Applltip 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report bate 10/2912010 03:41 PM Submitted By DAVID GRUNDY Page 2 No Applicant Contacts Primary Y Capacity Type Effective Expire Contact 10 01008 Name WILCOX BROTHERS SIGN CO Phone (716)213 -0797 x Fax (716)213 -0798 Address 317 WHEELER ST Comments TONAWANDA, NY 14150 - No Comments 549907 SBU AC7961308 WILCOX BROTHERS SIGN CO. . U- A MC a,. Check Fees Fees Failed ZONING BOARD FEE ($75,00) Awaiting APPLICATION FEE (PLANS AFTER ZONING) ($25.00) Unpaid SIGN PERMIT FEE ($40.40) 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 Not Checked Check Children Status Children Successful Check Open Cases 0 _ 5 UP O � -row'' APPLICATION FEE (PLANS AFTER ZONING) U 25.00 FLAT FEE POLE SIGN AT COMMERCIAL SITE U 76.00 SIGN PERMIT FEE U 40.110 ZONING BOARD FEE A 75.00 Total Unpaid 215.00 Total Paid 0.00 There are no Inspections for this Report �F —M� MEN There are no Review Activities for this Report No Activity Review Details _ -- No Conditions There is no Manning condition for this project: City €1 Suffato SIGNS Building :Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 10/29/2010 03:41 PM Submitted By DAVID GRUNDY Page 3 ❑ Work bone by Owner Zoning Board of Appeals 10/29/2010 15:30 POLESIGNCO FLAT FEES ❑ Work Without Permit (FINE) NO. TYPE OF SIGN SIZE(S) TOTAL: SG.FT. HEIGHT 2 Pole Sign 2 @ 4' BY 8` BY 18' HIGH 64 18.0 0 Ground Sign m 0 0.0 3 Wall Sign 3 @ 10" BY 20' - 50 0 Awning Sign 0 0 Advertising Sign 0 0 Projecting Sign - 0 0 Roof Sign 0 Zoning District- R3 / C2 I f r r MR yy There are no items in this list 'r - � _ �-- 3 , .� �.-- .psi > m ✓ 'v.. `` �"� `"� .S, �a �_ _ e -_� -" .� rz � .,ter' " No Employee Entries No Lag Entries ,•tr4.Ot.1 ROLES t 1ff `x 70 'x1.1M`7l13( SOklO'zt Co I. rF1 AT4 tuaetr r T-( CUTUNE OF j AZE § N 6 1 - I 5 -9' OVERALL frWCLEAR t MERCY COMPREHENSIVE CARE CENTER I A Dcparkwnt of mercy U060tal of flufrab Cg haJic Hea1Fh i ) Mercy Hospital ofBufJafo >— 1 TOTAL 5[GtS ARfA • 82 5�- CS 8'•14' 11'5' 2 ELEVATIO P1iMi SlflH 9C". tYf -,' -0' 00043 D. Land, Agent, Use 2616 Main Street for an Outdoor Patio (Del)(pub hrg 11123) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD r� r`' s GERALD A. CI- IWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: 6/ AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. I 1 � Signed t ` Agent or Owner) Print Name Phone # � � � � � j U Date' ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL. PLANNER 851-5086 FOR PLANNING BOARD MEETING. 1 l' D v' City. of Buffalo. 65.Niagara Square 'Buffalo, NY 14202 (715)851 -4949 Fax (716)851 -5472 Report Bate 11/08/2010 02:58 PM OUTDORGAFE wilding Application c Submitted By FLD Page .1 A/P # . 161190 - - x. Date / Time By pate / Time By I I Processed 11/0812010 14:54 DIGEF Temp COO Issued COO Final Expires i ype of Mork # Plans 0 Declared Valuation 0.00 ept of Commerce FPrnionty. # Pages 0 Calculated Valuation 0.00 ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 ! quare Footage 0.00 Name I PLACE AN OUTDOOR CAFE/PATIO APPROX. 17'X54'ON THE R.O.W. (VERNON ST SIDE) (SURVEYISKETCH SCANNED) IN FRONT OF A BARI RESTUARANT PENDING APPROVAL UNDER AIP#160009, C.C.APPROVALIRESTRICTED USE APPLIED FOR UNDER AIP#160009 AND SHALL PROVIDE ! APPROVAL. FOR THISAIP. Parent A/P # I Project # Project/Phase Name Phase # Size /Area Size Description M MUM Address 2618 MAIN BUFFALO NY 14214- Location Contact ID AC1229403 Name CIO AVENUE PIZZA & SUB SH 2616 MAIN ST INC Mailing Address ATTN: MARIETTA Organization City 2620 MAIN ST State /Province BUFFALO NY ZIP/PC 14214 -2024 Country ❑ Foreign Day Phone Evening Phone Fax Mobile It Occupant N From To Owner Y From 02122/2005 To 05/0612007 Contact ID AC31922 Name C/O AVENUE PIZZA & SUB SHOP 2616 MAIM ST INC Mailing Address 2620 MAIN ST Organization City BUFFALO State/Province NY ZIP /PC 14214 -2024 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2812000 To 05/06/2007 Contact ID AC338532 Name CELORON DEVELOPMENT LLC Mailing Address 5505 MAIN ST Organization I City BUFFALO State/Province NY ZIP /PC 14221 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To 1 i € I Owner Y From 02/13/2008 To City of Buffalo 65 Niagara Square Buffalo, NY 14202 (736)851 -4949 Fax(716)851 -5472 Report gate 11/08/2010 02:58 PM Submitted By FLD. There are no Review Activities for this Report - --- - ---- OUTDORCAFE Building Application. A. Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Dateffime 11/0812010 1 4:55 Comments No Comments PRIOR APPROVALS MD OK DIGEF 111081201014:55 DIGEF N There is no planning condition for this project. 1110812010 14:54 7 No Records for This Search Criteria Bfio Arts Commission ❑ Arts Comm. Approval City survey (conV ❑ Subdivisions Permit Office ❑ Asbestos Survey Asbestos Abatement F) Special events ❑ Bond /Certified check ❑Assessment Combination City Engineering Common Council ❑ Admin Office R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑Beauty Parlor R2 E) Notarized Permission/ for portable sign one yeas Encroachment ❑ Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer/Water Cut Sewer Retention ❑ Plumbers' Cuts Human Service Facility E) Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval C) -Tree over 4" at 4' '. E) Restricted Use Permit ❑ Inning /Use Check City Planning ❑Other ❑ Thruway Sign approval Citywide Site Plan f; ❑ Subdivisions Enuimnmenta! Review Preservation Board ❑Preservation District ❑Inning Variance ❑ urban Renewal [] S:E.Q.R.A. Contiguous Check ❑ N,E.P.A, City Survey ❑ Address Permit saw Office Water Department i ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain i ❑ Title Held ❑'Water Retention MD OK DIGEF 111081201014:55 DIGEF N There is no planning condition for this project. 1110812010 14:54 7 No Records for This Search Criteria 7 . :1 .Z Acaes Hallway 0 0 0 0 0 . fake- tatatJ�n�.ry.. tS 0 ,3 Exlstpn�9P:�n, tC�ichen,Area ' i" r.: �0rGh,C,�161��Ig . o'! a' 3 O O o ,, Fd 9 FLOOR PLAN P7"iW�Cr SP�'C4FlC.a'r74N5: �a fr! q eYrw ,. pwwn e Yrv�l� MwA N Rr p M:l Kwr NArb w h ehr �M '�Pw.%M4.��. � w vY� a49. is �w ••1 �tlsc rM M �i M�v %�rw +•l:�v. w �y ..n Y.MY � wxf � M M� w.ri a R tw. w.r.Y...r...w �. = - r, t w yY , . p MY.�iYY w lcrw .tie,. f. w�.N � e. v Y4..�a� N :s eM Y Maw6 e.0 L rM+u�. Y ti „wu MY. M MrYw as «ww M •qn.N s M Ywx wp hY�Ynr 11. G[wwx NW e.ka•W , +✓•.H. ay.Fn. w.,...a m.�Yrw ..=r— apgkl.Mpm M . ...h., ' LL.O.YNY wA Y ynVww M MM n h Ceexn Mxmw. Mmd 4 v wY. R. Gx.rMw Aa M MY t.OW Y. w a.n.t M tl. �. N wVm. M Nn q .. l 1. i AP Archhort oIDw a r �ddd.� M eua nwswm a� s7 1 101 D O ' : O C�aGO51: FF> .s f�aO�F�e) (uW7 -Fxm] Suwmam�a) ', �/ ioi+L wYAN.rrc+3 >tc. . :1 .Z Acaes Hallway 0 0 0 0 0 . fake- tatatJ�n�.ry.. tS 0 ,3 Exlstpn�9P:�n, tC�ichen,Area ' i" r.: �0rGh,C,�161��Ig . o'! a' 3 O O o ,, Fd 9 FLOOR PLAN P7"iW�Cr SP�'C4FlC.a'r74N5: �a fr! q eYrw ,. pwwn e Yrv�l� MwA N Rr p M:l Kwr NArb w h ehr �M '�Pw.%M4.��. � w vY� a49. is �w ••1 �tlsc rM M �i M�v %�rw +•l:�v. w �y ..n Y.MY � wxf � M M� w.ri a R tw. w.r.Y...r...w �. = - r, t w yY , . p MY.�iYY w lcrw .tie,. f. w�.N � e. v Y4..�a� N :s eM Y Maw6 e.0 L rM+u�. Y ti „wu MY. M MrYw as «ww M •qn.N s M Ywx wp hY�Ynr 11. G[wwx NW e.ka•W , +✓•.H. ay.Fn. w.,...a m.�Yrw ..=r— apgkl.Mpm M . ...h., ' LL.O.YNY wA Y ynVww M MM n h Ceexn Mxmw. Mmd 4 v wY. R. Gx.rMw Aa M MY t.OW Y. w a.n.t M tl. �. N wVm. M Nn q .. l 1. i AP Archhort oIDw a r �ddd.� M eua nwswm a� s7 1 101 D VERNION PLACE CONC. DRIVE 3.6' EAST f3 p �• M 7-CUT sfg. 0.95' FAST 24.70' MAP d rs;Q k� cl ~tr P A y o SCR �o f3 p �• sfg. q o• fe 4 :t A, •� V 6N r h' S' dip r��`4,/ C e� d' o• NOTE THIS SURVEY WAS PREPARED WITHOUT NE BENERT DF AN ABSTRACT OF TITLE AND f$ SUBJECT TO ANY 'STATE" OF FACTS THAT MAY BE REVEALED BY AN EXAUINATBON.. of SUCH. BLDG. 0.23' N 6. ORTH MOTE: UNAUTHORLIED ALTFRATTON OR ADDTTON TO TMS 08' SURVEY IS A VIOLATION OF SECTIM 7209. PROWSM .� 2 OF THE NEW YWK STATE MUCAWN LAW. \/aY @ 2408 MclNa05H & MckNTOSIi, P.G. s ALL RIGHTS RESERVES] p r MaINTOSH & McINTOSH, P.C. CONSULTING ENGINEERS, LAND SURVEYORS, PLANNERS LOCKPORT, NEW YORK BUFFALO, NEW YORK PHONE 434 -9138 PHONE 625 -8360 REVISION SURVEY OF LOT -21, BLOCK - - - M LOCATION CITY' OF BUFFALO, EERIE COUNTY, NEW YORK REFERENCE MAP FILED IN E.C.C.O. UNDER MAP COVER NO. 250 JOB No. 7AAQ I SCALE: 1 ® 2®' DATE: NO VEMBER 10 21 sfg. 41 C AA`' BG� R O \Oi i A \ — ,/ —SEE DETAIL y . Grp Wps`� -BLDG 0.+5' SE 0.00' sm p r MaINTOSH & McINTOSH, P.C. CONSULTING ENGINEERS, LAND SURVEYORS, PLANNERS LOCKPORT, NEW YORK BUFFALO, NEW YORK PHONE 434 -9138 PHONE 625 -8360 REVISION SURVEY OF LOT -21, BLOCK - - - M LOCATION CITY' OF BUFFALO, EERIE COUNTY, NEW YORK REFERENCE MAP FILED IN E.C.C.O. UNDER MAP COVER NO. 250 JOB No. 7AAQ I SCALE: 1 ® 2®' DATE: NO VEMBER 10 21 t . t fl, AP ILI LEGAL SERVICES FOR THE ELDERLY, DISABLED OR DISADVANTAGED OF W.N.Y., INC. Chief Executive Officer. Karen L. Nicolson, Esq. September 2010 000 41 716 -853 -3087 a Fax: 716- 856 -5317 237 Main Street e Suite 1015 a Buffalo, New York 14203 -2717 Supervising Attorney: William W. Barry, Esq. ALERT LETTER Attorneys: Beata 8anas, Esq. Helen Ferraro- Zaffram Esq, UPSTATE NEW YORK IS NOT SUFFICIENTLY UTILIZING Sarah R. Galvan, Esq. David A. Shapiro, Es PERSONAL CARE FOR MEDICAID BENEFICIARIES Daniel F. Webster, Esq. Clinical Instructor: Anthonyszczygiel, Esq. Accord to data by the New York State Department of Paralegals: He NYC spends 11.7% of Its Medicaid Expenditures 'n Nicole Blackwell Joanna M. Es personal care services. The rest of the state only Spends 4.6% of T h om as Kost E. Cheryl Medicaid dollars on PCA services. Moreover while the rest of Chary] Brenda A. Symans state spends 32.3% of Medicaid expenditures on nursing home Furnette Williams care, NYC relies less o n institutional care--spending only 24.1 of Social worker: its Medicaid dollars on nursing home care.* Kathleen M, Kanaley, BSW Ma Offi ne Ba uer Mich Mich ae Ba uer Although there are many fine local nursing homes most of � our elderly clients would prefer to live in their own homes and, in Rober Admi n i st r a tive S. sposito scant; Robert S. E sposito marry cases it is more cost - effective to keep people out of Institutions. However, at Legal Services for the Elderly, we have Board of Directors: Presi noticed a decrease in referrals from seniors who wish to challenge Thomas F. Keefe. Esq. their PICA hours. The above statistics Confirm what we are see Vice Presidents: locally. Giles P. Manias, Esq. Frederic Paul Norton, Esq. Randolph C. Oppenheimer, Esq. Your c lients /patients can get up to 24 hours care at home, Bruce D. Reinoso, Esq. although usually not without some advocacy. If you are told by Treasurer: Medicaid, CASA, or anyone else that a client is only entitled to a y y Shari Jo Reich, Esq. certain amount of hours, and you feel that they need more, please Depuly Plesh,asurer: Julie Plash, CPA e us a call. You can also have our clients/ patients call us g ive y p di rectl y. Secretary: David J. Starkey, Esq, We cannot change the above statistics unless we get the Directors: Ericka N. Bennett, Es referrals. To refer a case to us, please call u at 853 -3087 (ext. Jan Berg J ;II K. Bond, Esq_ 220), To discuss the issue in more detail lease call Karen L. s p John C. Brad III Nicolson, Esq. at 853-3087 (ext. 205). For more information about Tracy Jordan - Cardwell J. Michael Collins our services please visit our website at www.Ised.org. Robert L. Marinelli, Esq. Robert Meiss Timothy O'Mara, Esq. James P. Milbrand Esq, Jamie Smith, Esq. Michele Sterlace Accorsi, Esq. ° Valerie Bogart, Selfhelp Community Services, Inc., vbogart @selfhelp.net. For AD Patrick Walh HOC STATEWIDE COALITION OPPOSING CAP ON PERSONAL CARE and Clifford E. Whitman CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM (CDPAP) SERVICES Honorary Board Members: Data from Medicaid Quarterly Reports of Beneficiaries, Expenditures, and Units of Elizabeth G. Clark Esq. Service by Category of Service by Aid Category by Region, at Gayle L. Eagan, Esq. http:f /www,heaith. state. ny. us /nysdohimedstat /quarterly /aid /ouarterly.htm CY2008 data Rich d . Esq : / /www.health. state. ny, us /nysdoh /medstat uuarterly /aid /2008 /cv/docs /2008 cy Hort Nash aid h ttp 0 z r 0 z I rl t F 0 0 Fm r :: -� M State of New York e State Office for the Aging o Erie County Dept. of Senior Services e Erie County ® Niagara County Dept. of Social Services City of Buffalo a Cattaraugus County ® IOL.A e Chautauqua County a Genesee County Dept. of Social Services 9 Seneca Nation of Indians ® Allegany County D. Jackson, Agent, Use 15 Barthel St for a HSF (Fill)(no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS f NAME OF AGENT/OWNER ADDRESS PROJECT THE ATTACHED 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. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. H UMAN SERVI S S, C.T D USE P T .. APPUCAUON MUST BE COWL== IN F"L Business Name .a e- `� C1 Rusiness Date A6 , (No., Street) (City, Town or V11ie9r) . (State } Y Yf Min ) B. Human Service Facility Addre s uflnia, New dark �usinoss 5tattding: ' private Entity Public BOW -9 Applicant Namo Applicant Phone ApplicautAddress 3`� ( 5` f U ° {iV�,, StrceCj (City, Town gr�Jtl V) WOO (ZIP) Applicant's Bnsiness Poswona Owner — ltrtner corporate Weer* ether Rigsluess.0perationai Wor atten Type of FaUlity: ' Food Pantry : Soup l�itclaes� walk-10 �elat€r . Drop-In �rnter counseling enter Detention Center T6parary or Short -Termn Sinelte'r Transient Housin Substance Abuse cominualty or Residential Treatmenct Fneility Residential Treatment Facility (t~urx�tianal l'aerpgses)� Otlier Susiness Operation Ir{turm-01.1 " z; el lily Daysll(frs Of Ope ra$laaa Number of Ir�divlduuls Serviced ( eskly) D t l r� Number of Residents to be �otasc (fit appri big) Aetivilles/t'ra at F401MY ( teseriptioa� t Degree �f up t'vblon at ellity. . I)emo ngtreti€ n Of Need y Sor* am did" its �a�n and p f � � C) i Other Pert nS at Infua $tau ' aPu f S91IMCPffied qnd S W O M to &W47fe a day caf �mnr�rae� - offteeds In aid the r Of s a!'o, NOW York gage R of 2 C4.0f Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report D ate 11/0 8f2010 1 0:51 AM Submitted By DAVID GRUNDY � � Page 1 A/P # .161156 I i pit ttfoito r Date I Time By Date I Time lay Processed Temp COO Issued COO Final Exp ires Type of Work # Plans 0 Declared Valuation 0.00 i Dept of Commerce # Pages 0 Calculated Valuation 0.00 I i Priority R1 Auto Reviews Bill Group Actual Valuation 0.00 Descript I � I Square Footage 0.00 Name ! ZONING BOARD APPROVAL REQUIRED, SECTION 511 -136, FOR A HUMAN SERVICE FACILITY, COMMON COUNCIL RECOMMENDATION REQUIRED. NO PUBLIC HEARING, NO FEE. CITY PLANNING RECOMMENDATION REQUIRED. CHANGE OF USE - IN A REAR PORTION OF A 1 AND 2 STORY MASONRY INDUSTRIAL COMPLEX, CONVERT USE FROM BAKERY TO HUMAN SERVICE FACILITY, PUBLIC ASSEMBLY, CLASSROOMS, AFTER - SCHOOL RECR EATIONAL, READING AND HOMEWO PROGRAM. PLANS REQUIRED, Parent AM # Project # Project/Phase Name Phase # Size /Area Size Description i r Address 356 FOUGERON BUFFALO NY 14211 - Location 313 FOUGERON Contact ID AC228396 Name 974 EAST DELAVAN LLC - Mailing Address 4545 TRANSIT RD STE 954 Organization City WILLIAMSVILLE State /Province NY ZIPIPC 14221 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06129/2006 To Contact ID AC68156 Name CO CONTINENTAL BAILING Mailing Address % INTERSTARE BRANDS CORP Organization City PO BOX 419627 State /Province KANSAS CITY MO ZIPIPC 64141 -6627 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner. Y From 05/28/2000 To 05/06/2007 EN— Fes = No Address are linked to this Applicat t n 00 + #it e No Addresses are linked to this Application r 1015400002001000 A� ttttt�d ��Ir€s - No Parcels are linked to this Application City of Buffalo GC Building Applicat ®n 65 Niagara Square Buffalo, NY 14202 I (716)861 -4949 Fax (716)851 -5472 Report Date 111081201010:51 AM Submitted By DAVID GRUNDY Page 3 tf3siti6tt J No Conditions t € i There is no planning condition for this project. I No Reeords for This Seareh Criteria 14»t311 r 0 No, of Residential units Lost Residential O Work Without Permit (FINE) Debris: 0 too, of Residential Units Added N Commercial ❑ Work Done by Owner Truss Construction C Zoning Hoard of Appeals ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be completed. Building Construction: H t There are no items in this list 1 There are no Items in this list f F - / - t r No Employee Entries r - � l � I „l No Log Entries l > 1 1 T E � } 1 1 � FRENCH W .. A ' L FOUGERO€V 60 Or. F 4 a>1w 1 � 5'XV 1 S r SMpp V rl i f 1 1 ' 3 i TN q7 1 _ • r ! ' 1 F S .. A ' L FOUGERO€V 60 Or. F 4 a>1w SMpp / TN AD € N, C. ' {aRf I R a ta Ib € i i 4 k 1 I �--T --- URBAN C f, Y p R K C 3 BL R. ln3 �,•�r�k NC• 1002 2 a G / nc AD�X 4 u D, +•� f3 Y M. / Js' ri ay . PO c _ T �_ _ h2 if _ SCALE OF MT O 59 w ' _ JR/GrI SRNdOrx KAf C mwe,, ih - flu ` .. A ' L FOUGERO€V 60 Or. F PETITION 0 0 0.1 5: . The undersigned electors of the City of BufWo, New York, acting in our capacity as residents of #his community with an inalienable right to local se lf-governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety and welfare of thi community, to advertise and thee: adopt "Buffalo's Community Protection from Nam Gas FAtraction Ordinance," which the People of the City have submitted to the members of their Council. I. 2. S. 6. 7. 8. u t 1: t• t. t� I I a a ". 1S Rq AG r�sAN ?17 .o Q � f Jo fo D g - r E :". I 6 1tcr� `��- .•, 1C 4�e t � � iv I 1 S�tG, Ci/� P�7 1 1 ea i�U !� R (tv p Pr t wy � �• r� .L__ �3 C id a- if7� C) C UfI ;. 1. '• �i�t GGi �IG 57l � "��� '' � � ) - <- � Lo 4-:4 , c l , IC 5 If� ° � c /� ee c za 1 � 5 w I a F� Se /0 o. L L�-'`' r. °..- � 3T� �Cj7 SaY�urC{' �� r��n�eK� I��x �' � �� .2. 4^".E•+. C ( rlb .f J C t6. ,��a� �sr��� Lu e &�4 lzi 0— ". 1S 39 40 41 •L2 43 44 M 46 47 48 49 q 51 .52 53 .54 55 .5ti 5 C 58 .59 r€1 61 62 63 64 65 GG 67 68 fig 7� signature of Elecwr 7 Prvitvi Na a of Fdector p l Residence Date of signing A 'Ry _ I�(2e1 L fllD iG!/1t'lri - Oily /°'T&S /a ' €�t`. 7''y,7ir$ "'.�Oi� /b— TAW: a� 21 1- '(i A4 Ai?T J. P*U, I ®f6 W r _ a Uza 1� _ �r�c f� f !U Ki 1 1 U 7 f 1 nth C y i1�1 lj`'f; J.''� Ki f F 1 i ,7 I;L� �` <'.Gcy' ? 4 'U" [ _r C oa t '4'"i � f? f ( , Yk oa f � � fro V V _ f ! t 1 W C' 14 I �- n 1 I' I� �i 1 r l0 I q t 10_ _ _.- ^ -- �# 1 ��v��� Utn wr t — WIC[ IC >r.G- t4'1�v1 _ �i �t� +z E3 ('G � .fi , r31;'F�fit).u..i fU 1' 4G t(r. S t � (J, t -, C N 1 17 - 0 1 poi dd PP j 4 f I Q Hail AFFIDAVIT OF CIRCULATOR I do swear (or affirm) that I ani a registered elector of the State of New Yoi,k, teat my residence is as set forth below; that the signers to the foregoing Petition signed the same with full knowledge of the contents thereof; that their residences are correctly stated therein; that they all reside in the City of Buffalo, New York; that each signed on the date set opposite his or her name; and that to the best of my knowledge and belief, the signers are registered electors of the City of Buffalo, New York.. Sworn to and subscribed before me this day of , 2010. Signature of Circ€ l ar tan Public PtiWed l\wne of Circulator JANET E. MO NOWY PU13€I0 - State o€ Now York NO, 01-H0081 Qua ftfWInErIeC a tt My Commission expiter, PETITION ne undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable right to local self -governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety and welfare of this Community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance," which the People of the City have submitted to the members of their Council. 1 2. A. 4. 5. 7. 9. Ea Ef Ez 13 t . L 3 : 7 6 0 1 9 20 W 2 23 9 22 z S M 27 2 3 2.9 31 1) rnaa S ----- ----- - C - W? '42 22 R�,�c� Kj,- 3 t U 1 J���(U-AAk� I L44 L i f'14A 1.4 t4 �'L.Vvkci kb,�-'UkU -d UIVIIA-W.-Ltk LLJ4 7�j_c i 4.k J ) I LA z z Z' I L 4 z I L f- 41 �-7 J ff fQ trb, 106 V T) 6 16 2- /63 - z M 'A \-Ao"\?(- I RKf� z a b !'ati Cc �.G� tom! f�i M }a�Lc i �v�� "_ -2-S 1-61—MV& . 2. ST I A" A: r tit 7. x A l--J , PLA &VLj�E 1 1) a!t, ut. tE, t2. t k. E.l. ttl. .�1l. i 1i2. . FS t 1iS f 0i Sigaanue of Hector Ptintcd Name of Ektdor Rtaidence bate o€ Signing /0 7 7 Wi -. ' _— - - - -- -- ���t���_ L _I�(i n__C✓ _s. // _ � ✓.ce _!_..l_{ —._- /Ir 1 W — ��� ' �i �., f�- t•�z�r�rl�r / }q l ��F�'�J_ , i' < 1/�.a3`lj AA1GAA -q,t. 0. - SAA rq #pJ b� �i ..11�L- gNua& 77 fs C'`ve_ 3 4 1 1 rc 77 .� It�anl��I#1 I�I� _ i?�25 �'h , ., ��-. (fin y� j / � f - r 7&1 F% Sd/vI�A I. AV�& /?I")- J Y jq �! Y ' •' E d� ; L IF fJf =4'SC Y_ .t� =�'"� ��6 /,_�.- ! 6 ( 3 =+ I a !G / I C-30— 1 o � 3 cI AFFIDAVIT OF C IRCULA TOR 1 do swcar f or afliriil} that I ani a registered elector of tile. State of New York, di at n "' residence is as set fii €th Below; that die silgiers to the foregoing Petition signied the same %vith hill knowledge of the contents thcreof; that their residences are correctly stated thercikl; that they all resicle in the City of Buffalo, New York; that each sigpied oil the date set opposite his or her name; and that to the Best of my knowledge fold belief, the signers are registered electors of the City of Buffalo, New York. Sworn to and subscribed before tile this Sy day of 1L ) ? _ , 2010. JANETF-M Notary Putstic - tee Of tit Y Me. 01 -U UB746 cluolitied io Edo 0 Y Commt%slon ExpIme J SignaRtre , i3' ( C�irculatnr Plinked Name ufCitritkata; U i 15 P The undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable right to local self -governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety and welfare of this Community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance," which the People of the City have submitted to the members of their Council. S- ,- -• 2.- 1q, If rr. � /v' Z 4 I.Li j ►0 - � 9 (c ? Yy /G �691`l :f° / fl J4 . sign9twe of UtcLor rMled'Nr'c o FJectpr Residence Date of Signing V 1 --------------- ---------- C--Z ------ t/91 - 2-71�,�) - -------------- ---------- -Z 1��Yf ------- ---- 1-3 it. Ai ----------------- -- -- --- X ---------- - 2-7 -_ 1 ��7, a - ----------- -� -- ---------- - - — - - -- - — - -------- ------------------- ------- ------------- -- --------------- ------------------- 14 S 1& 7 B A Z7 -16 _ Ij - - ---------------- -- --- 6)l , I -� Ou--al ------ o --------- j -- ----------- - - ----------- - ------------- -- IT --- ------- 10 A wl il r. si cJlfJ ------ fa VA - 7_1 1 0 !t4453 J-7,g --------- jks�-f�- LM Ave . CA M Tv re 9111 k, /V ----------- ------ AFFIDAVIT OFCIRCULATOR f do Swear (or al ffil that I am a registered elector ohlic State of 'New York, that my residence is as set forth that tile signer's to the 1 Petillonsiped the SaIWIC NvIdi f knowledge oNhe coments thereof; that their residences arc correctl v slaied dicrein; that they all reside ill (lie City of Bull"Ao, New York; that each signed oil die (I aw set opp(.),sitc I lis or lie] mime; and that to tile, best of knowledge mid bellel', the %ignersare registcred clectors dche City ol'Boll",1 New York. Sivol to mid subscribed bel'Orc Jim. this 20M ---------- JET S-MOSS Wfttv Poop - ftto Of mw Y" ft W-MMIN745 Qwam2d in Elie PETITION The undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable right to local self-governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety and welfare of this community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance," which the People of the City have submitted to the members of their Council. I. Z 3. 4. 5. 6. 7. 9. 1f 1: F. 14 U d( 1i IS 21 21 2; 9; 2.' 21 12 9j x 31 a a a QV,v��ls Al YMPAI -Reach Nil 57. kip -t / t tM" 4o — j... - . ID C ? m YrabLt 5al kG 2 iv .-,. - 7� r l.3 ] i/ �„j L 1 5bq(- Coll /!J i F,�/ w�___�_ t Q> . �� Nom• i u n nrt � !7 t ! iy t = , n � 0 ¢ Z, Signature of"Wector P Printed Same of Elector R Residence D Date of Signing f , � . It t f.�i �, , r �.. _ � � ° t IISLa.•'3 •,l! 1t a . .�. -." � ��' � . -��-_ , , 1 1 01111 ID C A o ov 3r 4C 41 fe -!5 46 47 48 4� M 51 5'L. 53 54 55. 56. 57. M. 59. 6t. t�2. 64. 65. tic. 67. 66. 69. 7€ . 0 U � AFFIDAVIT OF CIRCULATOR I do swear (or affirm) that I am a registered elector of the Stz of New York, drat my residence is as set forth below; that the signers to the foregoing Petition signed t13e same ririth full knowledge of the contents thereof; that their residences are correctly stated therein; that they all reside in the City of Buffalo, New York; that each signed on the date set opposite his or her name; and that to the best of my knowledge and belief, the signers are registered electors of the City of Buffalo, New York. Sworn to and subscribed before me this _ day of/U -A as 6 P r , 2010. 5ignahttccrE�rul.tt � �,___� -�m._ t otv . is JANET E, M Printed iti tnae of Circulato Notary Pttblic - ftte of Now yWk � U NO 01 MOM6670 QU-Wl► dIn ou s My Catnmis Caen scP}rt 5 " 1 O 00M MITTEE ! -A LEGL-k- 0 01 0 I In Collins, effects of gas drilling are ate Upciatecl: October 18 2010, 11:29 PM When U.S. Energy Development Corp. began drilling for natural gas on a rural plot of land in Collins, Natalie Brant welcorned the prospect of cheaper gas to heat her home. But over the past two years, Brant, her husband, Geno, a each of their eight children developed an array of ailments that had no obvious cause,. Splitting headaches. Lingering muscle pain. N umbing fatigu Then, in July, Geno Brant stumbled across HBO's "Gasland." The documentary contends a widely used method of drilling for natural gas, known as hydraulic fracturing, is n1aking people sick. Geno Brant wanted to see if m ethane gas was getting into his family's water supply, so he ran the kitchen tap into a plastic bottle and then held a lighter to the water. It caught on fire. "He woke nee up and I thought he was goofing around," Natalie B rant said. "To nee, that's not normal at all. I was scared -- shocked and scared." Since July, Natalie Brant has complained to anyone who will listen that U.S. Energy isn't living up to its promises and isn't drilling safely. But state environmenta regulators say methane gas is found naturally in well water in this part of the area, and there's no proof the drilling is causing the family's health problems. And U.S. Energy officials said they have tried to help the Brants and their neighbors, but the gas in their water is coming from a nearby septic system. "It's sewer gas, essentially." said Douglas K. Walch, the U.S. Energy president. "We see this a lot in the country." Stilt, the residents s ay they worry about the longterm health consequences. They stopped drinking the well water but they still have to use it to bathe, clean dishes and wash clothes. Several of the families plan to file a lawsuit against U.S. Energy, hiring the sane lawyer who has sued energy cop rpanies in Pennsylvania, where gas drilling is more extensive. The companies use a procedure known as hydraulic fracturing -- often shortened to hydro (racking, or fraciing -- to get at gas or oil stored in the rock. "I believe that the state of the science of hydro fracking is such that it can't be done safely, or you can't be sure it's being done safely," said Richard J. L.ippes, a veteran environmental lawyer and former president of the Sierra Club in New York. Drilling Ec1r natural gas is on the wise because energy companies have developed better technology and procedures to extract the -as from shale and other rock deposits, said Gary G. Lash, a geosciences professor � and director of Fredonia State College's Shale Researgft D *titUte. U A 0�� 0 #fil The northeast, notably Pennsylvania, is becoming a new center for gas drilling and this is raising concerns locally. "I think [fracking] becomes a problem when we have a stake in it," said lash, whose institute receives funding from some companies that drill for oil and gas, but not U.S. Energy. There are two basic techniques, vertical and horizontal fracking, that involve drilling into the ground and then sending water corder high .pressure into the well to break up the rock and release the gas inside. Vertical fracking generally requires a lower volume of water, anywhere froul 40,000 to roo,000 gallons of water per well, while horizontal fracking can require millions of gallons. Companies would need to perform high- volume, horizontal fracking in the Marcellus Shale, a potentially rich deposit of natural gas in the Southern Tier. Gov. David A. Paterson in 2oo8 ordered the state Department of Environmental Conservation to review the high - volume for €n of horizontal fracking. In contrast, Pennsylvania allows all forms of fracking, and the procedure has been used to create 19,000 natural gas and oil wells since 2005, said Scott IL, ferry, director of the Bureau of Oil and Gas Xianagement for Pennsylvania's Department of EnN ironmental Protection. Perry said he hasn't seen any evidence that chemical -laced fracking water has contaminated drinking water during the fracking process, but the state has seen water supplies tainted by improper handling of fracking chemicals at the surface. Methane gas also has migrated into drinking water from improperly sealed or poorly constructed shallow gas wells. This isn't a health issue, lie said, but it is a concern because methane gas can explode if it builds up in a confined space. Lippes is involved in two suits filed by people who live near fracked wells in Pennsylvania. Now the Buffalo attorney is representing the Brants and four or five other families along Route 39, where they say U.S. F,nergy began drilling in 2008. U.S. Energy has about 520 wells in New York state, all in Western New York, Walch said. Nearly all were fracked. "It is completely safe -- it's been proven to be completely safe, said Walch, the president. U.S. F'nergy pays for permission from landowners to drill on their property, and the Brants' landlord, Dernyan Muchnik, gave the company the right to drill there two years ago. There are two gas wells on Muchnik's property, which houses the Brants, the Muchniks and another family, the McCaslins. Muchnik receives $5 per acre each year -- or $585 for his 117 acres -- from U.S. Energy as well as the right to some gas to heat his house but not the other buildings on his land. Soon after the drilling began and for the next two years, members of the families say, they and their children have developed mysterious ailments. " T have a lot of tmiscle pain, fibromyalgia. A lot of fatigue that goes with the fibro€nyalgia," said Dawn McCaslin, who was diagnosed about two years ago. Natalie Brant said one daughter missed so much school -- 32 days in a row at one point -- that a doctor thought she had mononucleosis. And her a7- year -old son recently was diagnosed with asthma and said he gets tired and dizzy, with severe headaches. "We're not strong enough --- we always want sleep," said Denryan Muchnik, wbo moved here ig years ago with his fancily as refugees frorn Moldova. The Brants have eight children, ages 4 to i g. They share one water well with the Muchniks and the McCaslins, and the families say they didn't have water problems before the drilling. "Our water was crystal clear before this," Natalie Brant said. Now, the water comes out cloudy, with a yellowish or grayish tint, and when the water sits in a glass or bowl for an extended period of time, locks of sediment settle to the bottom. When the Brants first became concerned about the effects of the drilling in July, they contacted a WIVB- V reporter who later called U.S. Fnergy. The company agreed to Put up the Bl - ants and the McCaslins in a hotel while it tried to find Out what was causing the problems. The company fired a contractor to test the water from the well. It also pant to install a system that aerates the linter, allowing methane to escape. The suit`brought by the route 39 neighbors will argue that U.S. I <,nergy isn't conducting its drilling safely and isn't properly disposing of the waste water left over from the fracking process, said Lippes. The neighbors say they are turning to a lawsuit because they haven't gotten satisfaction from U.S. Energy or various state and local agencies. Natalie Brant contacted the Attorney General's Office first, which directed her to the state Health Department, which told her that the Erica County I-lealth Department had jurisdiction. Officials frog the county Health Department have been out to the Muchniks' property, most recentlylast week, when an engineer talked to Natalie Thant and inspected the water well and the aerating system set up by U.S. Energy. lie did not take a water sample because the county Tlealth Department does not have the required resources or expertise, said Scott J. Zimmerman, director of public health laboratories, epidemiology and environmental health for the county Health Department. Private drinking wells are not regulated in New York, Zimmerman said. However, if it's determined that contamination in the well is a "larger, contrnunity --wide health issue," the department could take action, he said. 'rhe D1 7 C. doesn't support the residents' belief that the fracking caused gas to get into their water and make tltern sick. The agency and Lash, the Fredonia State researcher, said methane gas can occur naturally in well water in this area. And the DFC said the gas in the water is not a health threat. 1= m ibis inpurt prusento Ric revulm of mi mquanav pul-Anrami by the lNew York 0ey D of 1-'.;Ivi roujlsc 1 .'I t: MCDEP) and is coivoillmntsi flit' joim Voltwe A M men awl s r C thc Sawy er PQ anti ixggette, Brasl-lcar"� lr 5 '�'. - 1)() l WC Wwr opply re�,kddrlg Ifurn de of namiul h:7', xlymmm in 1ho Nfaru-Jvs SAW, Ammasm lie AWCA. We in one ON& lamcm Pmemial Sources of dCVekIp;1bh! Vnerg- in the LES. aml comrs mn ama of 95XOL) iWuare milus, the Now YAlk Sii-ze poitioll v opproxim.awl". .18,700 sq"arc .ill 1 Q.i. Th Ca1xki1'. D(Aawan( vvalu�shuds thal provide 9(l p cd York CAQ UnAllowl MAW waWs suiplgy we uralubin by veladvd) flli�:k-scc-tifms offlic. N-lamcljivs <'w 1, f. N p e t�, ,.I, d" i t? U L V V I .i � V� i t, ,WS fffl(kodorl jx)wn'i dl ,uid be, tan x*!d For Within woucAnd, 111eze va, -,jpproxirlinkoly 1 7 spam Wu.s fliat are not criurmly alld are pahm6ally awailaWn Ir 00 P1,hTITRmt of "voll Pa6s alld �Afie! :Aufl I IL .,", I �.aj (in fling., Devrlop m e4 f A ctiv Wu�� Bascd on dclisiti-'-s nf developnWrIl ill oulet 411.ale i4nna lions — in Ou! UrLi.W 5Aatci the zirea (if' unpaxlesud in nonimllydenhVaW land in Oic wmerAtud, anJ the ill n: u-,-dtx1 it) Q, f fic i ti: n dy --xr1ofl lht ?t.; tltatC {.'., il i3M'iillarod th i' lwl�veen . , '..104 and 6,000 'A"'Ass could b in 1 wa(ershed ill fllojitxt two lo Rom dhados. hiii'al ratc-, ill 'de.vulop-n-wro would be relghuly W f to 21 wells pet yowl, but could "cal,tw rapidlv in, 1 011 (L) 10M, we JILlor 0 por is mW Inianble ectumnin 4n7d inEydolory ownuldions. Mawn of nanwal gas Wont [hu Marcells; and 1who1 dia1c: 1 6jlll�lliou, r6c wl honzoltu'll diii lcirig iind Qh-Muniv l"WAIM haetudng A Muucllux 4i01 i.) tile. Ncw Ycxk City (NYCI wavolol rogitm woWd My ho dWkd vaheily wo j ckMh or tow) W 6AWO Qt, anti exond horivAoMly a conWalahk chumu thnsugh the It l �shrdc lbnna(ioa, N4jtorul gas incruo 11w p . p"l of the AM and alhAv gas to flow inki. ihe vvell al (%otwaijcally �`jable- Men lie proe-j' - in l }111 €Cf`L3ly; 1hrm ip {` -1 111 i1 ;111ion L I �,al lorms (N-10'.1 of wotor q ? i 80 h" NR Has of chrunicak Wo Me mod! a 1ligh pnn;�mrvs ova flu: Course- of sovu; days lkotjhly IN thu hysivi solvAn rolurns to 1110 !41&-%€: , Al, "f1mAr .wjim corlamimg, pius naturally oucurrin arld offi;ll VCO3 11 igil- le-vel"i c"I'lotid solid� hydRyarNmr, hf,,ivy nwtiki, and radOnuchdow Flwvback. wail r anwilithic to Qvrlvcwivlial , oLfnSW%%n1U?F mul trust be dispr:s',yd ol using undergmund k C ) a ( s. or hidusthal v �j i ( r, w I A wunwina NAFFIN, lie irghm cur-rcmily hat insufficbm Cilp-i"City U) kht- ctx )Q.00 %Vasto-i vmei voiurnAs. , ,Vatcv f �sr flit' ftu qwhg PMCMX K 7,ypic-ally dru%vn "rom water ;ind irackc-d �o 01c dril Silo'- sul-vidies may allo be umA it availshin IN A, of walo. lWasmalm and otlQuov to and kom Pic di silc j'tquM on dw uNur of or more 1ruCk trSps p(r wX Thu MT pnmvm, Kni she WA)p7mou 111RAIL? .,11 iuk cs appr�ixitnal(dy Four lit tell well, 11orizonud %VC11s ore dril"W li:om a C-!mIrno it \4 ull Pad 1 [ii v fivc- ;,!n�4 ir. -,izt�, One, multi-vic-111 pad. can ancontawdaic six 0! nnu "Ob- WC4j,-. zIrxl iLli [I ,houh; 'bk: tv AW We at upw jvvvr1rnj? i`<>Mlilj�-ol ,; skl �Is lh� I'lic'I dial I)iay blZ v.r2vlo � 14y"Orm V1 11C loun HS-1 rel:ovvr 'Ilk m gas riom z1 (qxwi1jy 7.9[137 qovt�ring a IMIXI'MUM 01'0i`VG --4quiqC aiiie. 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They ide'lilihu'd based an review (& tn: - III hawyms ONPAO: Aw"r and S11, L'I'ound"VaIVU CM?Pk-i1TliM11i0(1 aswimed vvilh row al gas MMMMe denlynars, xk review of regionAl sgeologic al fealurcs' 1 o) .ritics vy"-r 100 OC "Wwr SWPI%- Wrl.1lul", ot'flu Hijd�nn L I 'which provi( k-41 dirccl . , kivcr, , ' rcspecl no WON and deep 1101 migxal.ion fluotigh J,ehoc Wlhe asNownwni of Ll,)PIY iY�(eftl :ak -, inn ;1t:( '1U711 s - (:pqp,( ,,, - ,wthonc a. deep aid IM and Mer invujal geologig w'e's du6ng njllm� i �lnwy in Rgue USA, WW. suppily (mind ro 7;c,'q MtC'l.sCtJ nunluzous Ads am! Mum:;, rn:jll�y Df nVich amew! lait:!idly Fix- ':ovi-.-.d md.-, arill vk-liikah jni.;r yi-ng gcoln&al Mrala. 10c vl' cxistin pot{.11l path"my Wr Huid nagrahmi- Ito Woully it imulining Rhme nowmQW1 �11-'d o1her riz*s olicc illowed iT)w' fl)t�- lnd rho. Poic'nitally �w.acf �npply links claw tat a consc.--v, '04-'211 tlaftff�[] i "L dri�iirlg- in uhuc NYC ill u")c M' in n tire, is Ill (fie rapid ;!ml wi& or Zhu ',t' 11.,:51:1: {, ",00% Rom naural gv ti ribing woWd qxul: the baknoc be1w.-cuTI aTKI tC0yyA1liL- vitali-ty- flim bv Cit- y k.s , law !'�edorfl and W tqmW pan7w lmvi owrilic past 15 yaw, Deveklpll[Ln k31 . rc:-our'-kn 11MV11 MUM Eechnolojtic liil . jk',Icrilial risks to p.-oblic. ijn'j ""j,- Ilic Title' ',S abilory 111 protect Ilic and th 'mi� tk:m ve pmvkb n ora hQhTuRy valTr OWMy, A MUM nonsond (1t w, c -, -nut�d, -,os- ,. , i tj: ks fi'om d:-- lling WOUM WIMM faMs wessed on A mAklivoM hasis and would conVer of 41'ral -*raf° iurc,. infrostrwoure, h.vflrojeiv. and odwr flHaan Wwshud,luvel M1.510S. 111 14 111 iltlt CF of lkv pos'dbility th"ll drillir-w" alld hy(v Ffac:,Iunng rn, onc day h'' zMtjvoxl lo J'ar :-;orn bul it A 114 N U, wry er wmMy and "mor nQy SL1l)';J'Tffl?.Ctl in an apprido. 1'S-.y C.mltafluna o brl i'sle cll an i sills Pmellflal I-low DiNr , upf.Aon and I ' - - k , mtr on 5, Su.!P. m a i'y This soction impsm of nalund gus ik-velojijlwn ijlsimg hofiz;umal 4Ifflhil.g."11 i ,'11 VWUMC hQaUE,'- fi 0-N A; NYC NAWSUPjplly Walo 11LX1 Am Rate'- - €d O �Vilv f-j 0 ij'/ De m - NYC Rommemy 100"awe nmuml gm wol d"Owlsmult suenalrbs Jim- the N:VC wawrshcd Easiod on cxperiemk:, iii compau-4ble hmmaionti suggest that undw Worable ecomomic and immulmulry m1whons mulual xoll C'mnphAton rweN �4m1,1 d from injual rrites as - ow as 5 to :M w4 Ds Ism yor M an awagn or A w mo was per yean potoflially pcakuij; , it X00 wcfls per yeor, or si.i.cn; ve"Al unit mokummu, and ifl DUner iimim(icils, it i, flhel! tm Ir onkr of 3PM) to 6AX) WCUS AM uhimawly he Wiml and lbawud ill ow NOW *01c"Iml. 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Ni a6rnf,-) MM iql unflhcmd Wt Ito eatpl Cha_ng ift [MId JXC MIAW WMaSM Javch ofindusmial ac,,,fivity in flit wat in,wIzz the FillynAni Aviwidmcu Donwitnibn gmMed M To WAR and 133 ownm v .ivstciw, and tomane pWQu conli?hmcu- iii tinc Irigh qualty ordw 1017 %watur suppli, In OW OWN Mat tKatwil IS 1,11thnSIVY Mqkld. TWIT' CK]Z '11M (hQ -'d:UfMlt N 10 hA01'. 111yal1[a) Pont WOUld 001 11K; ACIC(IIJAIC 'm 1 lllt'. Onal coili'd kee- inlo the wylashud oxidnlic` Lci , ;.mllon andbr nu3Wna 6hration pro ..as isuki bc All of thc:w jw(_11111CS ;ir(, - Lllczndy uno- {;c i2xpmsive ilirlL. kho cuumt dc.sigut, 'sin d 0, i:; qLlitC 1xviblu that the wilobit: vownwtv shn Wd not evoi •oniniodatc the addhional treatment wNwdcjg, 0 COSH by A 1XI would be 4? W 50 0aw'Flt im! pcesibly mpw than 1 OR powent In k1w i-urrc Won iwayhen IN, polcnfi;il impnos , now vuy filvd, s onw Ims w% :11 any Amply uwoiown 'Alli T'_ ,IP"o dial hl��. -Scnlc Kiyonial drill ill llmr NYC vv 1° :u_ . ti ovad risk - he WC wom Supfdy u"Upervol to Thl. ha; t4 :i.r C on achvilawand impacou., t woWd mix, tkt t,1 af� NYC's w -:.UNAY systew 01hef wbit :,h f67 flic cd fllis 01 havo I'S l' to be my nqws!�ar.Iy h, insigniEWL lndljct:d a ! din ccf�nnn flm" i would hHno emi Et aflen rwuhs A addMamal donvad mi loads and Why loot] rct:iUfriclil symum& hoqiwls and emeMoKy YaOcv, Advan ah rpWQ impads and impacin On HI?M, wildhiA -mid , hj : it ch fnislry tan jjl� o bc? expvt:U%i givur! Lhc h_'VC1 01' that would anompuy hysWx I ij(] 'rjoinzoraal dizilliar oj:oatiow, al an'd dcnsifics "criployed c6ewhov 51 S v ° -term Fhian c al E of G'00 nvr's BJ t d `t Create St ®rtf ll Methane Gas — Plus o r Minus f or New Yo rk's Compare the economic gain from gas drilling that New York State can expect over the next 20 years to the gain from some of the state's most important industries. Fst�ma�ed patetlal gaan aver (1 yetis [Total: The 29 new DEC staff the Governor proposes to oversee gas extraction will cost $3 million for each of the next two fiscal years, while the revenue from the severance tax on drilling will produce only $1 million, and only in 2011. Thus, taxpayers would subsidize the methane gas industry by $S million over 2 years. This constitutes a financial drain on the state, and reveals the gas drilling initiative as highly questionable in terms of its single touted benefit—revenues to shore up NYS's fiscal shortfalls Gas extraction $22 billion' Tourism $173 billion Farm cash receipts $48 billion Dairy products $39 billion Grapes and wine $68 billions Hunting & fishing $32 billion Wildlife watching $32 billion $ 2::btwon $392 billion The estimated gain from methane gas does not take into account the tax burden from explosions, fires and accident cleanups, the contamination of public and private water by natural -gas and injected / `produced" toxins, environmental degradation, civic infrastructure damage, and human / animal health costs historically incurred by gas drilling. Other deficits not included here are upfront lease payments, or costs from damage to infrastructure or loss of farmland and potable water. . The value for methane gas was computed using a 50 trillion cubic foot estimate of recoverable gas in the Marcellus shale, multiplied by 25% for the fraction in New York State, at $14 per 1,000 cubic feet (the high price in summer 2008) and 12.5% for the .: i.oyalty many landowners get. t�, te l NGRTHEASr RN PENNSYLVAN S HOMEPAIE February 25, 2009 Times Leader, "Amid cheap gas, Pa. drillers carry on. State is not seeing the same reduction in Marcellus shale drilling as other areas." By Rory Sweeney rsweeney @timesleader.com Staff Writer http:// www .timesteader.com/news /hottopies /shale /Amid Cheap_gas_Pa drillers carry on_02 -25- 2009.html 2 "Tourism Impact in the Adirondacks" Marcellus shale counties account for about 17% of the $51 billion spent on tourism in New York in 2007. Marcellus counties tourism. = $8.67 billio&per year Over 20 years _ $173 billion http: // wwty .adirondackbasecamp.conV2008 /09 /tourism- impact-- adiroadar,ks/ US DA . Quart slatos oaprtm nt 01 f u,turd National Agricultural Statistics Service National Agricultural Statistics Services, New York State NYS agriculture = $3.65 billion annually Over 20 Years = $73 billion from Marcellus Shale region http: / /w /Statistics b y York/ Publications /County_l;stimates /index.asp 4 StuffAboutStates Select dairy products for NYS Cash receipts in 2004 = $1.95 billion Over 20 years = $39 billion for the whole state http://staffaboutstates.com/new-york/agriculture.htm New York's grape, grape juice and wine industry Receipts _ $3.4 billion annually Over 20'years = $68 billion derived from the Marcellus Shale region National Agricultural Statistics Services, New York State ` NY Agricultural Statistics Service, 2007 --2008 Annual Bulletin, Table 34 http: / /w ww.nass.usda.gov /Statistics – by State /New_York/Ptiblications /County Estimates /index.asp s NY's hunting & fishing and wildlife income Hunting / fishing 2006 = $1.6 billion Over 20 years = $32 billion Wildlife watching 2006 = $1.6 billion Over 20 years = $32 billion U.S. Fish & Wildlife Service, New York 2006 National Survey of Fishing, Hunting, & Wildlife - Associated Recreation http: / / census. gov /prod/ labs /fishing.html htt : / /www.shaleshock.org what -are- otential- economic- ains -and risks of as To access the original,article and graph, go to above link and click on "What's at Risk" 200 MILES 1120 751551 2 Oct 00: http:iiwW%v_fwc'"tj0.or; CD4C When a mining, oil or gas corporadon prrpases to mine or drill on pristine public lands, the company mien defetrds its development plans with statistics on the size of the operational "footprine - the amount of land .that will be denuded of vegetation for roads, buildings, etincrete well pads, waste piss, processing facilities and other irtfastntcture. lu reality the icotprint is rarely -3o remarkably contained as industry would have officials believe: gavfflntnent studies document that 40 percent of all Western headwaters are polluted with a waste, and that in some gases pttutt -es o(smog That rival hi city pollution will extend hundreds of miles from well heads, DISTANCE IMPACTS 0.5 Itril:: 'wise impacts from oil and gas drilling 0.66 Surface water pollution front gas drilling ntilc% 5 = ,niic 4raws marred by oil & gas wells 20 rtlk Gfound waver pollution from rnjyEing 55 allies Soil coatamtkitted by mitring dust ?:i - HO Nfig sting wildlise impacted Insley 120 milt:; surlace water pollution from minkrig 243 €) 31:.14.`. _fir pollution front oil & gaatlriiling u n- naturalgas . ®rg The One Percent Obfuscation .by David I Cyr The voices advocating stone gas drilling often assure inattentive listeners that all the chemicals used in the fracking procedure amount to a very small quantity — only about "one percent" of the fluids used. But 1% of what volume? The Susquehanna River Basin Commission has stated: "The fracturing process uses an average of 2 to 9 million gallons of fresh water per well." One percent oft to 9 million gallons amounts to 20,000 to 90,000 gallons of toxic chemicals —per well. The I % of added chemicals contaminate 100% of the water used. Some drilling advocates claim there's 14 years' worth of gas supply for the entire nation in the Marcellus Shale. To extract that much there would have to be tens of thousands of wells drilled in each of the states under which that deposit lies (New York, Pennsylvania, Ohio and West Virginia). The total combined drilling would likely result in hundreds of thousands of high- volume, high - pressure hydrofracking; operations. That I percent addition of chemical cocktail would mealy 200 to 900 million gallons of highly toxic chemicals for every 10,000 wells drilled, all -of which is added to the enormous volume of confiscated water. If you add that 200 to 900 million gallons of highly toxic chemicals to the water taken. for 10,000 wells, that clean chinkin water confiscated by the drillers is transformed into approximately 20 to 90 billion (with a "B ") gallons of hazardous waste. If 100,000 wells are drilled, they would produce 200 to 900 billion gallons of hazardous waste -- enough to fill between 3,222 and 14,497 Exxon Valdez -class tankers. Anywhere. from 30% to 70% of this stays underground! http: / /www.riverreporter.com/ issues /09-- 01--08 /news- , backflow.html A tiny portion of a really enormous volume is not an insignificant quantity ----- especially when it is water soluble, volatile; highly toxic — and can evaporate. Number of active gas wells - 2007 Pennsylvania 53,586 INew York had 6,213 wells Ohio 34,307 (mostly old school - not West Virginia 45,422 Halliburtonized) 133,315 http: / / Www.worldoil.com /magazine /magazine detail.a3p ?ART_ID=3439 It's not clear how many of those non -NY wells were old school and how many used the much deeper, horizontal drill method --- hydrofracked with far more water, under far more pressure than the old style. A safe guess is that many, if not most, of those wells in the other three states were done with the Halliburton process. If there are hundreds of thousands of available drill sites, the drillers will want them all --- and the DEC, the Albany legislature and the governor have already made hundreds of thousands of drill sites available. • The total Marcellus Shale deposit lies under approximately 54,000 square miles of land. • There are 640 acres in a square mile. • With 40 -acre drill site spacing, there's a potential of up to 16 wells per square mile. • 16 x 54,000 = 864,000 potential well sites. • 200,000 wells actually drilled is a very conservative estimate [see above], about 1/3 of which would be in New York State. l Many cases of water contamination from shale gas drilling operations, which use high-volume hydraulic fracturing (HVHF), exist: Thousands of problems, in eluding spills, leaks, and the seepage of contanimants into drinking water supplies, have been documented around the country in conjunction with shale gas extraction by HVHF. 1.2,3,4 Notably, the EPA found fracking fluid in drinking wells in Pavillion, Wyoming, and residents of Dimock, PA claim frackirlg fluid has contaminated their wells, No. Houses, water wells, and pipelines have exploded, and people have found methane levels in their water so high that they could Iight it with a match. No studies have demonstrated that gas extraction operations using HV do not cause water contamination: The gas industry, many government officials, and many "news" reports still claim that HVHF does not cause water contamination despite (1) much evidence of the link between gas extraction operations using HVHF and drinking water contamination (see above), and (2) the fact that no large - scale, science - based, non- industry funded study exists that analyzes the relationship between HVHF and contamination of mater resources. Studies of HVHF contaminating drinking water are greatly hindered by the lack of public disclosure as to which chemicals are put down which individual gas wells, which: makes tracing the chemicals difficult; and by gas industry exemptions from the federal Safe Drinking Water Act, which impede. the EPA's ability to investigate water contamination claims. In 2010, both the EPA and the House Committee on Energy and Commerce under Senator Waxman initiated major studies on the health and environmental impacts of hydraulic fracturing. ° ® Hydrofracking is not an exact science when gas companies fracture the shale, they do not have complete control over where fractures will develop, so fracturing fluids and natural gas can move in unexpected directions, r ' ending up in aquifers and water wells. Vast numbers of uncapped gas wells threaten aquifers and drinking wells: 18,000 to 48,000 abandoned oil and gas wells that have not been capped exist in N.Y. During hydrafracking and deep -well injection, the high pressure can force the toxic fluids up through any existing uncapped wells, contaminating aquifers and drinking wells. 13 The estimated l to 2% accident rate would create 40 to 80 crises of groundwater contamination in Tompkins County, alone, When tens of thousands of wells are drilled in a region, even a tiny error rate .can result in hundreds of problems. Dr. Ron Bishop has obtained data from health officials across New York State and from several other states where gas drilling has. taken place. From that data he calculated a 1 to 2% chance of groundwater contamination and a 5 to 8% chance of groundwater contamination or surface impacts (such as sedimentation of surface water or chemical pollution of soil, .streams, or lakes). 14 A 2007 Penis State study of 200 water wells near oil and gas wells found 8% contaminated. Contamination from just I% of the 2,600 to 4,000 gas wells expected in Tompkins County would mean 26 to 40 separate cases of groundwater contamination, but it only takes one chemical spill to contaminate an aquifer and ruin the drinking water for an entire region. Once an aquifer is contaminated, it can rarely, if ever, be cleaned up. An error rate of this magnitude in the airline industry (1% of 8.8 million U.S. commercial domestic flights /year)' would mean an unacceptable 88,000 crashes in the U.S. each year (241 per day). www.TCgasrnap.org Marcellus Accountability Project — Tompkins 4/2/10 Endnotes: A listing of many news reports and studies of contaminated water is posted at: htt : / /www.tc asma .or default.as ?rnetata s Action —p'ind 'FID' '8' #Water Contamination 2 McConnell, S. Sept. 22, 2009. "Third Natural Gas Chemical Spill Reported." The Wayne Independent. htt :Ilwww.wa neinde endent. com/ news /x1699593258/Thirdd natural- as- chemical -s ill -re ooted 3 Lustgarten, A. November 13, 2008. "Buried Secrets: Is Natural Gas Drilling Endangering U.S. Water Supplies? ProPublica. ht :I /www. ro ublica.or /1'eaturelburied- secrets -is- natural- as- drillin -endan erin - us- water-supp lies -1113 4 Thyne, G. December 20, 2008. "Review of Phase II Hydrogeologic Study." (Report prepared for Garfield County, Colorado.) ht : / /s3.amazonaws.coM! ro ublica /assets /methane /th sae review. df Lustgarten, A. August 25, 2009. "EPA: Chemicals Found in Wyoming Drinking Water Might Be From Fracking." ProPublica. htt : / /w�vw. ro ublica.or feature /e a- chemicals - found -in - wyo. - drinkin - water - mi ht be- from-frackin -825 6 Lustgarten, A. Nov. 20, 2008. "PA Residents Sue Gas Driller for Contamination, Health Concerns." ProPublica. httn://www.i)roi)ublica.or /feature/ a- residents -sue- as- driller- for - contamination - health- concenis -I 120 7 Lustgartcn, A. July 31, 2009. "Water Problems From Drilling Are More Frequent Than PA Officials Said.' ProPublica. httD://www.i) feature /water- roblems- from - drillin - are -more -fie uent- than- ofcials- said -731 8 Lustgarten, A. April 22, 2009. "Colorado Study Links Methane in Water to Drilling." ProPublica. ht : / /www. ro ublica.or /feature /colorada- stud - Iinks� methane- in- water-drillin -422 9 see http://vimeo.com/4680635 for a video of a homeowner lighting his tap water on fire. ' Action =Find 'FID' '8' #Le islative Issues and ht : / /www.tc asma ,or ImedialSco in Document for EPA Hydraulic Fracturing Stud 4 -1A0, df ' Quotes from industry research scientists on the uncertainty in hydraulic fracturing: ht : / /www.tc asma .Qr /rnedia/H draulic Fracturin Predicting Difficulties Industry Source. df 'Interstate Oil and Gas Compact Commission. September 1994. "IOGCC /EPA Review of Oil and Gas Exploration and Production Waste Management Regulatory Programs: New York State Review." ht : /fwww.stron erinc,or documents/New York Initial Review 9-- -1994. df (Seep. 42) 13 h : / {s lashdown a.blo s ot.eom/2009 /10 /letter- from- wilma�subra- to -riew- ork.html . (See "A Letter from Wilma Subra to New York State," and the section. titled "Hydraulic Fracturing. ") ' Ron Bishop, private communication. Officials were asked about incidents of groundwater contamination and surface problems (chemical pollution of soil, sedimentation, and similar issues). "Clark, J., B. R. Swistock, and S. Clemens. 2007. Unpublished data collected from 200 private water wells in McKean County, noted in: htt :f /resources.eas. suedu /WaterResources/ dfsl asdrillin . df 16 The recent prediction of there being a 50% chance of 489 trillion cubic feet of gas being produced over 50 years from the entire Marcellus Shale [Engelder, T. 2009. Marcellus 2008: Report Card on the Breakout Year for Gas .Production in the Appalachian Basin. Fort Worth Basin Oil & Gas Magazinej requires a well pad every square mile with 8 wells per pad over 70% of the Marcellus shale formation. This scenario results in 2,600 wells for Tompkins County, alone. [Tompkins County total land area = 305,250 acres; 70% of this is 213,675 acres. Assuming a well pad with 8 wells every square mile (640 acres) results in 2,600 wells.] 17 No hard figures exist for the number of wells that will be drilled. Administrators in Tompkins County expect 4,000 wells. See the draft SGEIS comments by Tompkins Co. Planning Dept. ( httn: / /www.t c asma .or media/Town of I #bees Comments on Draft SGEIS. dfl ' : / /www.bts. ov/ ress releases /2009/bts058 09 /htrnl/bts058 09.html#table 07 (See Table 7: 6,630,500 flights in the first 9 months of 2009 translates to 8.8 million per year.) Shale G Extraction d He Meech evidence indicates that shale gas extraction, which uses high- volume hydraulic fracturing (HVHF), harms the health of local residents: (1) Much information exists on the serious health effects of the chemicals used in gas drilling."' 3 (2) A 12/09 health survey in DISH, Texas found that more than half of the reported symptoms are consistent with the known symptoms from the toxins detected in an air pollution study. (3) Shale gas drilling creates. ozone pollution, and a 3/09 study demonstrated that long -term exposure to low levels of ozone increases the risk of death from respiratory illness. (4) A comprehensive review by Witter in 2008 found great potential for health and psychological problems in Colorado residents living near gas development, but little data to analyze. Witter recommends thorough health studies of people living near intensive gas extraction. 6,7 (5) Hundreds of stories exist of high numbers of people living near gas. wells developing serious health problems, such as rare cancers, neurological disorders, and impairment of motor skills.'." The anecdotes are accumulating to a total that requires much denial to ignore. Many fracking chemicals are endocrine disrupters: Of the 201 specific (racking chemicals identified by the Endocrine Disruption Exchange, 20 % are generally accepted endocrine disrupters --- chemicals that affect our hormonal systems, interfering with sexual development, immune function, and reproduction." Effects occur at extremely low exposure levels of parts per million or billion in air, water, or soil Health effects of many chemicals to be used in HVHF in NY are not known: In addition to not knowing the effects of many known chemicals (Draft SGEIS, pp. 5 -61 & 5 -64), there are 45 products to be used for which DEC has incomplete ingredients (Draft SGEIS, Table 5.3) and 40 compounds whose ingredients are unknown because they are mixtures (Draft SGEIS p. 5 -34). * 26 chemicaHS to be used in HVHF in NY are classified as hazardous waste, but are not handled as hazardous: 26 chemicals listed in the SGEIS, pp. 5- 45 through 5 -52, 'fable 5.6, are listed as hazardous under sections of one or more of the six major federal environmental laws. 13 Because of gas industry exemptions, however, they do not need to be treated as hazardous once they come out of a well. large -scale scientific analysis determining the rates of serious health problems associated with shale gas drilling and HVHF should be done before it is alloyed to proceed anywhere: A study of the rates of serious health problems, such as cancer, respiratory illness, nervous system disorders, birth defects, and developmental disorders, of people living near intensive gas drilling activity is urgently needed. The results should be used to help determine if HVHF is safe enough to be used at all. If.any one of these....chemicals were emitted or discharged fioin:an industrial facility, reporting to the US :EPA vao ild be mandatory, and.in most.cases permits would require strict pollution limits and companies would be subject to specific cleanup standards But because these same cheiiiicals arc used ire natural gas drilling operations they are completely exempt from environmental reporting requirements, and their `use is:not controlled in any meaningful way. "' 4 HVHF has been used intensively in. some areas for 10+ years. ff'e need a large-scale, science -based study to determine the relationship between HVHF and serious health issues. It is irresponsible to allow HVHF in NY without knowing the effect it will have on the health o residents. www.TCgasmap.org Marcellus Accountability Project— Tompkins 4/2/10 TAT► C• The Endocrine Exchange (TEDX) has done a lot of ground - breaking work in identifying chemicals in (racking fluid. An Excel spreadsheet with data on the chemicals they have identified is at h : / /www.endocrinedisru tion.corn /claemicals.fracturin . h 2 Draft Supplemental Generic Environmental Impact Statement on SGEIS, pp. 5 -61 to 5 -65. 3 Whitty, Julia. Sept. 2, 2009. "How Diesel Exhaust Grows Cancer." Mother Jones. h : / /motheriones.co lue-- marble 12009 /09/ljow- diesel - exhaust- ows- cancer 4 Earthworks Press Release. Dec. 17, 2009. "Community Health Survey Shows Shale Gas Drilling Threatens Health." htt / /earthworksaction.or R DISH HealthSurve Release.cfrn 5 Maugh, T. H. March 12, 2009. "Low -level Ozone Exposure Found To Be Lethal Over Time." "Los Angeles Times. http. / /ai 2009 /rear /12 /science /sci- ozonel2 S Witter, Roxana, et al. Sept. 15, 2008. "Potential . Exposure -- Related Human Health Effects of Oil and Gas Development: A White Paper " http: / /www.catskilleitizens.or /g Gas�Driliin _health 2.pdf 7 Witter, Roxana, et al. August 1, 2008. "Potential Exposure - Related Human Health Effects of Oil and Gas Development: A Literature Review (2003- 2008)." h : /lwww.cca .or .aulima es /stories/ dfslliterature %20review %20witter %20et %20a1 %202008. df 8 Clarren, Rebecca. November /December 2006. "Voices from the Gas Fields." Orion Magazine. http: / /www.orionrragazrne.or index.pht /articles /article /1861 9 Earthworks. "Health Concerns in Colorado's Oil and Gas Fields." hqp://www.earthworksaction.org/Colohealth.efm ' Laura. "Hydraulic Fracturing: Family's water well was contaminated after hydraulic fracturing near their home." Earthworks website. htto:// www. carthworksaction .org /cvLauraAmos.cfm 11 The Endocrine Disruption Exchange: htt p:// www. endocrinedisruption .com/chemicals.fracturing.php and h :l /v ww.endocrinedisru tion.com/ endocrine .introduction.overview. � Also: bt!p: /lwww.tegasmqp.org/media/Dr. Adam Law Draft SGEIS Comments. df 12 The 26 chemicals, and the number of laws listing therm [ ]: 2-Bromo-2- nitro -1,3- propanediol [1-TRI] 2,2- Dibromo -3- nitrilopropionamide (DBNPA) [1 -TRI] Acetic Acid [3] Acrylamide [5] Ammonium Bisulfate [2] Butan -l-01, [41 . Diethylene Glycol [1] Dodecylbenzene Sulfonic Acid [2] Ethyl Benzene [5] Ethylene Oxide [5] Ferrous Sulfate [2] Formamide [ 1 ] Formic Acid [5] Furmaric Acid [3] Glutaraldehyde [1] Hydrochloric Acid [5] Isopropanol [2] Methanol [5] Monoethanolamine [ 1 ] Naphthalene [6] Potassium Hydroxide [2] Sodium Hydroxide [31 Sodium Sulfate [1] Tetrahydro-3,5-dimethyl- 211- 1,3,5- thiadiazine -2- thione (Dazomet) [ 1 ] Thiourea [41 Xylene [6] "The Clean Air Act, Clean Water Act, Superfund Law (CERCLA), Emergency Planning and Community Right -to -Know Act (EPCRA), Resource Conservation and Recovery Act (RCRA), and the Superfund Amendments and Reauthorization Act of 1986 (SARA). 14 Environmental Working Group- Tune 10, 2008. "Colorado's Chemical Injection htt,o://www.ew Additive Type Description Examples Health Effects of Chemicals Proppant "Props" open fractures Sand (Sinterod Prolonged exposure to sintered bauxite dust can cause and allows gas /fluids to bauxite; zirconium respiratory tract infection and irritation to skin and eyes. I low more freely to the oxide; ceramic Zirconium Oxide can be slightly hazardous in case of well bore beads) eye contact, skin contact, inhalation or indigestion. Chronically, it can be toxic to the upper respiratory tract, and can produce organ damage. Acid Cleans up perforation Hydrochloric acid A clear, colorless, fuming, poisonous, highly acidic intervals of cement and (HCI, 3% to 28 %) aqueous solution of hydrogen chloride, HCI; used as drilling mud prior to a chemical intermediate and in petroleum production, fracturing fluid injection, ore reduction, food processing, pickling, and metal and provides accessible cleaning. The EPA regulates HCl as a toxic substance path to formation Breaker Reduces the viscosity of Peroxydi sulfates Peroxydisulfates can be mixed with sodium, potassium, the fluid in order to release or ammonia. Depending upon what is used there are proppant into fractures varying degrees of irritation to skin and eyes. Mostly and enhance the recovery strong irritants based upon prolonged exposure. of the fracturing fluid Prolonged exposure to ammonium persulfates may cause skin burns and ulcerations. Bactericide/ Kills organisms that could Gluteraldehyde; Gluteraldehyde is hazardous in case of skin contact, Blocide contaminate methane .2- Bromo -2- nitro -1,2- eye contact, ingestion, and inhalation. Severe gas and kills bacteria propanediol over - exposure can result in death. 2- Propanediof to promote proppant decomposes on heating or on burning producing toxic delivery and corrosive fumes including hydrogen Bromide and nitrogen oxides. Reacts with some metals, amities and alkaline compounds. Clay Stabilizer Prevents swelling and Salts (eg. Potassium Chloride can cause eye and skin irritation. migration of formation Tetramethyl Ingestion will cause gastrointestinal irritation and clays which could block ammonium chloride) inhalation will cause respiratory tract infection, Lab pore spaces thereby Potassium chloride experiments have resulted in mutagenic effects, reducing permeability (KCI) ,Corrosion Inhibitor Reduces rust formation on Methanol Methanol is toxic, drinking 10 ml will cause blindness, steel tubing, well casings, and as little as 100 ml will cause death. It is used as an tools, and tanks. antifreeze, solvant, and fuel. Crosslinker Increases fracturing Potassium hydroxide Pure potassium hydroxide forms white, deliquescent fluid viscosity to carry crystals. It dissolves readily in water, giving off heat more proppant into the and forms a strongly alkaline, caustic solution. It closely fractures. resembles sodium hydroxide and has similar uses. Friction Reducer Allows fracture fluids to Sodium acrylate- Environment Canada lists sodium acrylate as a possible be injected at optimum a c r y I a m i d e carcinogen, expected to be toxic and bioaccumulative rates and pressures by c o p o I y m e r ; and has flagged this as a chemical of concern for minimizing friction. po l y a c ry l a m i d e further testing. The building block of PAM acrylamide is (PAM) a known carcinogen, mutagen, and a bloaccumulative toxic. Gelling Agent Increases fracturing Guar gum Guar gum is generally not hazardous during normal fluid viscosity, allowing handling the-fluid to carry more proppant into the fractures Iron control Prevents the precipitation Citric acid; Thioglycolic Acid is extremely hazardous in case of of metal oxides which thioglycolic acid eye contact. It is very hazardous in case of skin contact, could plug off the ingestion, and inhalation. Severe overexposure can formation result in death. Scale Inhibitor Prevents the precipitation A m m o n i u m Ammonium chloride has severe corrosive effect on of carbonates and sulfates chloride; ethylene brass and bronze, and is hazardous in case of eye glycol; polyacrylate contact. It is slightly hazardous in case of skin contact (irritant, sensitizer), of ingestion, of inhalation. Ethylene Glycol is.antifreeze Surfactant Reduces fracturing fluid M e t h a n o I Isopropanol is poisonous if taken internally, and is a surface tension thereby isopropanol major . component of rubbing alcohols. The propylene is aiding fluid recovery a byproduct of petroleum refining Figure 3 what's the Hydro- t ;g Rush? To protect human health and the environment, the DEC should withdraw the dSGEIS and the New York State should adopt a moratorium for time to gain the full scientific and policy understanding of hydro- fracking risks and consequences. Thoughtful consideration and action on these critical issues can avoid the largest potential environmental and public health disaster in New York State history. Science should guide policy, not quantify corntamination Due to innumerable drinking water problems associated with hydro - fracking, on October 29, 2009 Congress approved United States Environmental Protection Agency (EPA) to study . drinking water effects from hydro - fracking. New York State should consider and incorporate this scientific knowledge before permitting hydro - fracking operations in the state. The enforcement farce In the midst of the bleakest budget crisis in recent memory, New York State lacks the funding and the trained professionals to ensure enforcement of any hydro - fracking operation in the state. The dSGEIS directs the NYS Department of Health -which has no regulatory power over hydro - fracking —to actively monitor hydro- fracking chemicals and radioactive waste concerns, assure drinking water protection, and assist local county health departments on water well investigations and complaints, Local governments are only given the ability to regulate local roads and assess property taxes on gas wells. However, local health departments are required to facilitate and conduct complaints of water quality violations. Additionally, energy companies are expected to consult with local governments on their local planning documents, while giving these local governments no recourse if those plans are violated. The only responsible solution is to enact a moratorium on hydro - fracking to ensure New York's clean water and energy future. New York needs leadership of conscience to allow time for regulators, landowners, taxpayers, policymakers and citizens to understand the true consequences to our flowing streams, infamous lakes, protected watersheds, pure aquifers and our pocketbooks. We need leadership to ensure the proper treatment and disposal of the toxic, radioactive, and abundant waste produced as a by- product of this industry- preferred extraction method for the natural gas deposits contained in the Marcellus and Utica shale. iV Proiecting Now York's Air, Land, Water and People amed for the exposed outcrop in Marcellus, NY, the Marcellus Shale formation exists below much of New York State from the Catskills to the Allegany forest. Natural gas exists in small pockets of the fragile shale. Recently, the oil and gas industry has begun using High Volume Hydraulic Fracturing, or Hydra- Fracking to drill thousands of feet below the surface to recover natural gas. Hydro - fracking uses millions of gallons of water per well and generates millions of gallons .of toxic, corrosive, and radioactive waste. Hydro - fracking New York's shale formations, including the Marcellus and Utica formation pose inherent risks 'to human and environmental health while increasing burdens on local governments, health departments, and taxpayers. Especially problematic is the lack of federal protection for drinking water, air quality, water treatment infrastructure, and landowner liability. In 2005, influenced by gas drilling giants Halliburton and Chesapeake Energy, the 710th Congress and President Bush exempted hydro fracking operations from critical Safe Drinking Water Act and Clean Water Act protections and public comment opportunities provided by the National Environmental Policy Act. From Texas to Pennsylvania, the oil and gas industryhasbeenbusyexploiting itsexemptions from every major federal environmental statute. The result is the destruction of drinking water supplies, overtaxed water treatment infrastructure, and killing tens of thousands of fish and other aquatic life. New York does not have to repeat these same mistakes. In September 30, 2009 The New York State Department of Environmental Conservation (DEC) released the draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program Well Permit Issuance for Horizontal Drilling and High - Volume Hydraulic Fracturing to Develop the Marcellus Shale and OtherLow- Permeability Gas. Reservoirs herein referred to as the "dSGIS ". This 800+ page document is filled with speculation, now outdated information, and seeks to "establish a regulatory program to govern hydrofracking without adequate staff, cumulative impact assessments, and by placing unfunded mandates on agencies and focal governments with no. regulatory power. The dSGEIS fails to provide a clear plan for treating millions, if not billions, of gallons of radioactive and corrosive fracking wastewater; ensure New Yorker's are protected from increased exposure to the known carcinogen, Radon; and it fails to protect New York's amazing surface and groundwater resources from contamination by spills, accidents, and storm events. What the Hydro- Fraceioy Rush? iii New York State should learn from her neighbors. Pennsylvania was caught off -guard by the hydro - fracking industry's wastewater treatment needs. The PA Department of Environmental Protection ordered wastewater treatment facilities to limit the amount of hydro- fracking wastewater accepted to 1% of the plants volume, primarily due to elevated Total Dissolved Solids (TDS) levels. Five times saltier than seawater, hydro- fracking wastewater is impairing the health of Pennsylvania's waters as well as corroding the intake pipes for other electricity - producing plants." In closing, enacting a moratorium on hydro - fracking is necessary and reasonable to provide time for our State Leaders to ensure New York's clean water and energy future. New York needs leadership of conscience to allow time for regulators, landowners, taxpayers, policy makers and citizens to understand the true consequences to our flowing streams, infamous lakes, protected watersheds, pure aquifers and our pocketbooks. We need leadership to ensure the proper treatment and disposal of the toxic, radioactive, and abundant waste produced as a byproduct of this industry- preferred extraction method for the natural gas deposits contained in the Marcellus and Utica shale. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. http: l/ www.state.ny.us /governor/press/ press_0723084.html dSGEIS- page 5 -20 dSGEIS- p. 5 -28 dSGEIS- pp. 5 -124 -125 Table 5.15- Primary Pre - Production Well Pad Operations dSGEIS. p.4 -36 Ibid. dSGEIS p. 5 -110 Table 5-10 - Concentrations of NORM constituents based on limited samples from PA and WV dSGEIS; Appendix 13 - NYS Marcellus Radiological Data from Production Brine http: / /www.epa.gov /rpdwebO0/ ra d ion u c l i d es /rad i u m. htm l #affecthea It h Ibid. Ibid, dSGEIS- pp. 5 -29 -30 dSGEIS- p. 5 -28 Reserve Pits on Multi -Well Pads dSGEIS- p. 5 -119 Reserve Pit Liner from Mud Drilling dSGEIS. Table 5 -2 pp. 5 -30 -31 dSGEIS- p. 5 -118 Cuttings from Mud Drilling dSGEIS- page 5 -28 Drilling Mud Tables 5 -3 and 5 -4. pp. 5 -35 -40 dSGEIS. p. 5 -34 http://www.dec.ny,gov/chemical/42383. html dSGEIS- p. 5 -106 Temporal Trends in Flowback Water Composition 22. dSGEIS- p. 5 -128 Brine Storage 23. dSGEIS- pp.5 -126 -127 Production Rate 24. Ibid. 25. dSGEIS p. 5 -129 Brine Disposal 26. dSGEIS; Appendix 12 - Beneficial Use Determination (BUD) Notification Regarding Roadspreading 27. http: / /www.post- gazette.com/ pg/08322/928571- 113.stm; http: / /www. propublica.org/feature/wastewater- fro rn-gas-d ril I i ng -boo m-may-threaten - monongahela-river; http://files.dep.state. pa.us/AboutDEP/AboutDEPPortalFiles/ Rema rksAndTesti mo n ies/ TestimonySACO22509.pdf 28. dSGEIS. p. 5 -113 29. dSGEIS. pp. 5- 113 -114 30. dSGEIS. p. 6 -108 31. dSGEIS. pp. 7 -95 -96 32. dSGEIS p. 1 -3 Generic Environmental Impact Statements 33. dSGEIS p. 1 -2 Regulatory Jurisdiction 34, cISGEIS. p. 8 -5 35. dSGEIS. p. 2 -17 36, dSGEIS. p. 1 -2 37. dSGEIS. p. 8 -5 38. dSGEIS. p. 8 -4 WN Ws the Hydre-Frnkinrg Rush' 15 envir onmental i ne of a <s Among the complaintsfrom northern Pennsylvania Wellsbare- Twenty- eight head of cattle remain quarantined after apparently drinking wwWwa'ter from a natural gas drilling opera - ton on a ffann in Tioga County. Mono eetunaudTerayTownsbip: Several families have complained of natural gas m their well water in wake of Maraellus Shale drilling in Bradford County. Dimock Thirteen families are having water delivered because natural gas leaked =W their well water in Susquebaxma County. JonmftWips says"herweU watertmmeda murlWbro afteragaswell! was led not farf ember ftmW shomeim TerryTowadlip, Pa. Statewide, 1,056 violations in 968 days z Mbo ard Problem solicitsbusinegs tow fromViculm ofpossLb le envimuTmmItal Fau]:ty pollution prevention practices 2112 .w3t.r..M .11 4, �sk Iinpr} per wuastewater ci inpountinaent Photos by Jerry $NerasId /Buffalo News Statewide, 1,056 violations in 968 days 11 u tuber of Peacentof Problem incidents tow lxnpraper erosion an .: sedinient plans Fau]:ty pollution prevention practices 2112 201 Iinpr} per wuastewater ci inpountinaent . , Discharge of industrial waste 155 14.7% Violations of state Clem Stre.axn'Law Improper well casing construedon 50 4.M% Perdiatvxolaiaons qda, 4'�°f° Other 41 3.9% RC�705' E' S�tGTE' S' �TC�JM' B�tT1i71Ri177LC /tf.Qt'U1D1cEE'i0'n8 QS9flBl/F'tEd TBYLt1t �4rCE�t18 S'h1l�E drilling beC[mmJan. I, 2608, and Aug- 20, 20X0. 8ozom Pennwlvania; Lund 7hwAnaciatwn. analysis °fstate Depwtnmt ofEn- vironmenW Prota data To read the full NRDC report on oil and gas drilling, including the stories of people affected by drilling in their communities, visit www.nrde.org /policy. For more information, please contact Amy Mall (720) 565 -0188 N 1 rK%DC THE EARTH s BEST DEf£HSE www.nrdc.org/policy October 2007 O Natural Resources Defense Council ` �at v V A. 3 % r �' 3 Y � E , � 3 9 y r - it 2 $ " i s ? x -- - -.: F � V £ _. �,t 3 I £ - .. - ._ - 3 E:..r :rR U 3 *i,. E The oil and gas industry in the United States has expanded rapidly during the last decade, particularly in the Rocky Mountain region. But oil and gas production releases pollution that can have serious impacts on people's health and the surrounding air, water, and land. Although these operations are frequently located near homes, schools, and other community resources, the oil and gas industry enjoys numerous exemptions from provisions of federal laws intended to protect human health and the environment. NRDC's latest report provides a comprehensive assessment of these loopholes, which allow oil and gas companies to continue polluting despite the risks. Technological solutions that reduce environmental contamination and protect the health of communities across the nation are readily available —and often economical. At a minimu oil and gas exploration and production should be subject to the same environmental measures with which virtually all other industries must already comply. The time for Congress to step into the regulatory void is long overdue. f_ A -, C t i i { i �i t 5E ( l'. The Oil and Gas Industry People Who Live Near Oil and Gas Operations Report Serious Health Problems Many people who live near oil and gas operations experience symptoms resembling those that may be caused by the toxic substances found in oil and gas or the chemical additives used to produce them. The negative health effects associated with these substances range from eye and skin irritation to respiratory illness such as emphysema, thyroid disorders, tumors, and birth defects. A recent study reported a higher prevalence of rheumatic diseases, lupus, neurological symproras, respiratory symptoms and cardiovascular proble €ns in a New Mexico co€nnntnity built on top of a fornxer oilfield with some nearby active wells when compared to a community with no known similar export €res. Other studies have found increased cancer risks associated with living near oil or gas fields. Among the many symptoms repotted by the people whose stories are told in our full report, nausea, numbness, swelling, skin irritation, breathing difficulty, and headaches were frequently cited. A direct cause and effect relationship between possible toxic exposure and the health problems of these individuals has not been determined, but that may be due to the known difficulty of recognizing ilhtess stemming fro€n chemical exposure. Chemical poisoning is notorious for resulting in nonspecific signs or symptoms that resemble other common diseases and immediate symptoms might be nonexistent or mild despite the risk of long -term negative health effects. Despite some studies on rite hazards of oil and gas, there has been no comprehensive scientific monitoring or exposure assessment for an industrial activity present in nearly two- thirds of U.S. states - with more than half million locations that could be emitting toxic materials to worke and nearby residents. The need for further research is evident. Some individuals choose not to share their stories, especially in cotnmuniries with local economies dependent on the oil and gas industry. Others move away, sometimes with their homes purchased by energy companies and with signed agreements that prohibit them from telling their stories. And stil I others have given up wt trying to call attention to this matter. One man recently stated at a public meeting, "if few people are complaining about drilling these days, it's because they've given up after being ignored for so long."' tal }L)�l 3,f »" { U }3 Of L, j d£'vi [I a i 'W ,c. 7 }'7f.1, _. Vz "(fsyJ x_ i z ' t'i: 3 �_C I/mi,r t } =' `ts:'r; , 1 11 Vifi %"Wl F'f� !, Y i! � j {l fie e`s i, - ; b". Legal Loopholes Put People and the Environment at Risk The netwo of interrelated exemptions front environmental regulation given to oil and gas companies is a regulatory void unique to the industry. And while sore sta laws regulate the hazards of oil and gas operations, these laws vary widely. The health of Americans should not be hawed —or even put at risk —by toxic conta!nination that can be readily and econonucally controlled. Decades of deal- making by the industry, Congress, and regulatory agencies have resulted in exeniptions for the oil and gas industry from protections in the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as the Superfund law), the Resource Conservation and Recovery Act, and the Safe Drinking Witter Act. In addition, the oil and gas industry is not covered by public right -to -know provisions under the Emergency Planning and Cornmunity Right- to -know Act, meaning that companies can withhold inFormation needed to snake informed decisions about protecting the environment and human health. Arsenic Chronic arsonic exposure can cause damage to blood. vessels, a'sensation of. °pins and needles" in hands and darkening and.thickeni!tg of the skin, and skin redness. It is a knoinn human carcinogen. and can cause cancer of:the skin; lungs, bladder, liver, kidney, and prostate: Hydrogen Sulfide Hydrogen sulfide has been linked to irritation of the. eyes, nose, and threat, difficulty in :breathing, headaches; dizziness, nausea, and vomiting. Low - level . exposure might also lead to poor'attention span, poor memory, and impaired motor function. Short -term exposure at high lJoncenttations can load to Im of consciousness and death. Mercury Mercury can permanently damage the brain; kidneys, and developing fetus and may result in tremors, changes in vision or. hearing, and mommy probloms, Even in lbw doses; mercury may affect an iT fant's devel.6 ont, delaying walking and talking, shortening attention span and eau.siq learning disabilities. f olycyclic Aromatic Several of the polyeyclic aromatic hydrocarbons I`AHs) that cart bo found in Hydrocarbons crude oil have caused tumors in laboratory animals and are considered passible or- pmbable hunran carcinogens: Studies of people have found that individuals exposed for long periods to mixtures that c©ntain PAHs can also.develop cancer; In addition, animal tests have found reproductive problems and birth defects. Acetone Acetone can cause nose, throat, lung. and eye irritation headaches, light' headedness, and confusion. i animals it.Nis been linked to kidney, liver; and nerve damage, and increased.birtb defects. Benzene Benzene is a known human carcinogon and.causes loukemia, Ethylbenzene Ethylbenzene can cause drzzlness;.throat and eye irritation respiratory problems, fatigue and headaches. It has been linked to tumors and birth defects in animals, as well as to damage iri the nervous system; liver, and kidneys. Toluene Tolue ne. can cause fatigue, confusion, weakness., :melnory loss, nausea, hearing . lass, central nervous system damage, and may cause kidney damage. It is also known to cause birth defects antl reproductive harm's Xyle.ne Xylene can cause headaches, dizzirTess, confusion, balance changes irritation of the.skitt, eyes; nose, a nd Throat, Breathing diffiGulty, memory difficulties, stomach discomfort, and possibly changes:in the liver and kidneys. Radium Radium is a known human carcinogen, causing bone, liver, and.bwast cancer, Radon Radon calf cause an increased incidence of,lung diseases such as emphysema, as yell as lung cancer. . 'Slate of Cati(otn:aEre:ircrm - alai pioteciion A;eny`CF:ent:ca!sia?mmto ihz s�a'e ?a caeca::rnr a: reprn;lveti §e ?nh€ci€y, If Ju%�e "[{!(77r,ntal ?able at' h ?tplienrr'eeF�ha ca. S6"+,' Prrr ,�.r"iPr SOURCES, Naiie;�at Litxary n! Ete+Jsinz.lfalard..lg Suhstar`es [ta!a Ba!tk(i1S03r, h:tP; /;fnxna:r.!m rp5.g[v: U.S. ftafne'lt of Hnt! h ad Henri Servkea, Agency fc� Tone Sa65tat ES (3i a e Pig 5E y rATSGnI h:tP'i!'rn4 vatsdreu.g ;:arlaq � ! 13.5, Nrartrm�n ? Edgy. erEm of Enrironramia €rr!anagement, Risk Ampssmert':n!um`ation sya mJ PA!SI Tnu(itg Ple(!e5. http:p�a`5. r�I.gaviEOr.Ft2P_ta ?p. Aaf( t t4. S_ NpamrPntelL2Fs_ a.rk cngaGoea! SafetvarJHealthTidminisisatieeGu elint�.h € ?p: /lvrev..asha. rriSnC.�:eag!;;idyll:s p'L' ''z Fa 3. i"f mu kVo Congress Must End Special Favors For Oil and Gas Industry Despite available Methods for controlling hazardous pollution, such as air emission controls and rzon - taxis or less toxic chemical alternatives, the industry as a whole has failed to take reasonable steps needed to protect families, communities, and the environment. While NRDC strongly supports the voluntary adoption of such technologies by industry, it is imperative that the federal government, in coordination with state and local governments, close the loopholes in federal environmental laws that allow oil and gas exploration and production to pollute our environment and jeopardize the health of communities, Recommendations for Protecting Communities from the Risks Associated with Oil and Gas Drilling Close Legal Loopholes Ensure the Public's Right -to -Know 1, Require oil and gas exploration and production companies to report to the Toxic Release Inventory to provide information to the public regarding chemicals that may pose a risk to the health of local communities. Protect the Air 1. Require aggregation of the emissions of oil and gas exploration and production activities under the National Emission Standards for Hazardous Air Pollutants; 2. Include oil and gas wells and their associated equipment on the list of small hazardous air pollutant sources wherever they are located; 3. Add hydrogen sulfide to the list of hazardous air pollutants. Protect Underground Sources of Drinking Water 1. Subject all hydraulic fracturing by the oil and gas industry to the Underground Injection Control program of the Safe Drinking Water Act; 2. Increase daily fines for violations by the oil and gas industry to equal those for other industries, 3. Require that the underground injection of materials associated with the oil and gas industry that meet RCRNs definition of hazardous waste ineet the standards of Class I injection. _`� Protect American Waters 1, Delete the term "navigable" from the Clean Water Act; 2. Require stormwater permits for all oil and gas industry activities; 3. Apply the Clean Water Act definition of "pollutant" to all materials used in oil and gas operations. Protect the Land 1. Include all toxic wastes associated with oil and gas exploration and production under RCRNs cradle to grave hazardous waste provisions; 2. Include oil and gas under the Superfund law—CERCIA. Evaluate the Health Risks Associated with Oil and Gas Exploration and Production Ensure extensive independent environmental monitoring of air, water, and soil thar could be affected by oil and gas exploration and production sites. Assess the toxic exposures of families living near oil and gas exploration and production sites, Identify the toxic effects of the typical chemical mixtures found at oil and gas sites. 27 Utilize the hest available methods to monitor and track health outcomes in communities and in workers exposed to oil and gas exploration and production activities in comparison with similar but unexposed groups. -' Conduct health impact assessments for oil and gas activities on public land. I Amekan Petcataum laswule. - U.S. dril!ing & completion hall - year estiniates at 21 -year high - (I August 20011, htl pa /vthvr, uai _rxg/ � dew�rcam j� ri ff i ng 21 YeEr -hi g h.c { m. 26ahlgr "C[3nste u.` systea;icluresnEfile. :males :cs ISLE! as ,1,16310dV61h and oil % oldtiyastr .site.:acrasssectional=_tndy,° f riranmen ?a! Nenit$°a, t;a 8 i22 feliruart 2071, http'lf .z tv.eltarintal.na€ /convent &111$. 3 Webb, Vme ts,'Haupr Csasr�ddrenldanis , 11 be heard . " 7718 Ripen7fines(7 October2607). www.nrdc.orglpoliey 0 Natural Resources Defense Council October 2007 R1 fix Printed on recycled paper Emissions from Natural Gas Production in the Barnett Shale Area and Opportunities for Cost - Effective improvements report by: Al Armendariz, Ph.D. Department of Environmental and Civil Engineering Southern Methodist University P.O. Box 750340 Dallas,.Texas, 752750340 for: Ramon Alvarez, Ph.D. Environmental Defense Fund 44 East Avenue Suite 304 Austin, Texas 78701 Version 1.1 January 25, 2009 wi 1.0 EXECUTIVE SUMMARY Natural gas production in the Barnett Shale region of Texas has increased rapidly since 1999, and as of .Tune 2008, over 7700 oil and gas wells had been installed and another 4700 wells were pending. Gas production in 2007 was approximately 923 Bcf from wells in 21 counties. Natural gas is a critical feedstock to many chemical production processes, and it has many environmental benefits over coal as a fuel for electricity generation, including lower emissions of sulfur, metal compounds, and carbon dioxide. Nevertheless, oil and gas production from the Barnett Shale area can impact local air quality and release greenhouse gases into the atmosphere. The objectives of this study were to develop an emissions inventory of air pollutants from oil and gas production in the Barnett Shale area, and to identify cost- effective emissions control options. Emission sources from the oil and gas sector in the Barnett Shale area were divided into point sources, which included compressor engine exhausts and oillcondensate tanks, as well as fugitive and intermittent sources, which included production equipment fugitives, well drilling and fracing engines, well completions, gas processing, and transmission fugitives. The air pollutants considered in this inventory were smog- forming compounds (NO, and VOC), greenhouse gases, and air toxic chemicals. For 2009, emissions of smog- forming compounds from compressor engine exhausts and tanks were predicted to be approximately 96 tons per day (tpd) on an annual average, with peak summer emissions of 212 tpd. Emissions during the summer increase because of the effects of temperature on volatile organic compound emissions from storage tanks. Emissions of smog- forming compounds in 2009 from all oil and gas sources were estimated to be approximately 191 tpd on an annual average, with peak summer emissions of 307 tpd. The portion of those emissions originating from the 5-counties in the DbFW metropolitan area with significant oil and gas production was 165 tpd during the summer. For comparison, 2009 emission inventories recently used by state and federal regulators estimated smog- forming emissions from all airports in the Dallas -Fort Worth metropolitan area to be 16 tpd. In addition, these same inventories had emission estimates for on-road motor vehicles (cars, trucks, etc.) in the 9- county Dallas -Fort Worth metropolitan area of 273 tpd. The portion of on -road motor vehicle emissions from the 5- counties in the D -FW metropolitan area with significant oil and gas production was 121 tpd, indicating that the oil and gas sector likely has greater erissions than motor vehicles in these counties. The emission rate of air toxic compounds (like benzene and formaldehyde) from Barnett: Shale activities was predicted to be approximately 6 tpd on an annual average, and 17 tpd during peak summer days. The largest contributors to air toxic emissions were the condensate tanks, followed by the engine exhausts. In addition, predicted 2009 emissions of greenhouse gases like carbon dioxide and methane were approximately 33,000 tons per day of CO equivalent. This is roughly equivalent to the expected greenhouse gas impact from two 750 MW coal -fired power plants. The largest contributors to the Barnett Shale greenhouse gas impact were CO emissions from compressor engine exhausts and fugitive CH emissions from all source types, Cost effective control strategies are readily available that can substantially reduce emissions, and in some cases, reduce costs for oil and gas operators. These options include: • use of "green completions" to capture methane and VOC compounds during well completions, • phasing in electric motors as an alternative to internal - combustion engines to drive compressors, • the control of VOC emissions from condensate tanks with vapor recovery units, and • replacement of high -bleed pneumatic valves and fittings on the pipeline networks with no -bleed alternatives. 2.0 BACKGROUND 2.1 Barnett Shale Natural Gas Production The Barnett Shale is a geological formation that the Texas Railroad Commission (RRC) estimates to extend 5000 square miles in parts of at least 21 Texas counties. The hydrocarbon productive region of the Barnett Shale has been designated as the Newark East Field, and large scale development of the natural gas resources in the field began in the late 1990's. Figure 1 shows the rapid and continuing development of natural gas from the Barnett Shale over the last 10 years. 1200 1000 800 c u 0 600 a. L 400 n n 0 200 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Figure 1. Barnett Shale Natural Gas Production, 1998-2007. In addition to the recent development of the Barnett Shale, oil and gas production from other geologic formations and conventional sources in north central Texas existed before 1998 and continues to the present time. Production from the Barnett Shale is currently the dominant source of hydrocarbon production in the area from oil and gas activities in the area. Emission sources for all oil and gas activities are considered together in this report. The issuance of new Barnett Shale area drilling permits has been following the upward trend of increasing natural gas production. The RRC issued 111.2 well permits in 2004, 1629 in 2005, 2507 in 2006, 3657 in 2007, and they are on -track to issue over 4000 permits in 2008. The vast majority of the wells and permits are for natural gas production, but a small number of oil wells are also in operation or permitted in the area, and some oil wells co- produce casinghead gas. As of June 2008, over 7700 wells had been registered with the RRC, and the permit issuance rates are summarized in Table 1 -0' Annual oil, gas, condensate, and casinghead gas production rates for 21 counties in the Barnett Shale area are shown in `fable 1-2. The majority of Barnett Shale wells and well permits are located in six counties near the city of Fort Worth: Tarrant, Denton, Wise, Parker, Hood, and Johnson Counties. Figure 2 shows a RRC map of wells and well permits in the Barnett Shale. (2) K The top three gas producing counties in 2007 were Johnson, Tarrant and Wise, and the top three condensate producing counties were Wise, Denton, and Parker. Nine (9) counties surrounding the cities of Fort Worth and Dallas have been designated by the U.S. EPA as the D -FW ozone nonattainment area (Tarrant, Denton, Parker, Johnson, Ellis, Collin, Dallas, Rockwall, and Kaufman ). Four of these counties (Tarrant, Denton, Parker, and Johnson) have substantial oil or gas production. In this report, these 9 counties are referred to as the D -FW metropolitan area. The areas outside these 9- countics with significant Barnett Shale oil or gas production are generally more rural counties to the south, west, and northwest of the city of Fort Worth. The counties inside and outside the D -FW metropolitan area with oil and gas production are listed in Table 1 -3. Table .1 -l. Bartlett Shale Area Drilling Permits Issued, 2004 - 2008. year new drilling permits 2005 1629 `�tl06 2547 2007 3 557 - ... Table 1 -2. Hydrocarbon Production in the Barnett Shale Area in 2007." Gas Production Condensate Casinghead Gas Oil Production Count (MCF) (BBLj (MCFj (BBL Johnson 282,545,748 28,046 0 0 Tarrant 246,257,349 35,834 0 0 Wise 181,577,163 674,607 6,705,809 393,250 Denton 168,020,626 454,096 934,932 52,363 Parker 80,356,792 344,634 729,472 11,099 Hood 32,726,694 225,244 40,271 526 Jack 16,986,319 139,009 2,471,113 634,348 Palo Pinto 12,447,321 78,498 1,082,030 152,685 Stephens 11,149,910 56,183 3,244,894 2,276,637 Hill 7,191,823 148 0 0 Erath 4,930,753 11,437 65,425 5,073 Eastland 4,129,761 130,386 754,774 259,937 Somervell 4,018,269 6,317 0 0 Ellis 1,715,821 0 17,797 10 Comanche 560,733 1,584 52,546 7,055 Cooke 352,012 11,745 2,880,571 2,045,505 Montague 261,734 11,501 3,585,404 1,677,303 Clay 261,324 12,046 350,706 611,671 Hamilton 162,060 224 0 237 Bosque 135,116 59 0 0 Kaufman 0 0 3,002 61,963 Table 1 -3. Relationship Between the D -FW Metropolitan Area and Counties Producing Oil /Gas in the Barnett Shale Area Figure 2. Texas RRC Map of Well and Well Permit Locations in the Barnett Shale Area (red = gas wells, green = oil wells, blue = permits. RRC district 5,7B, & 9 boundaries shown in blaclt.) D -FW Metro. Rural D -FW 9- County Counties Counties Metropolitan Producing Producing Area Barnett Area Barnett Area Oil/Gas Oil/Gas Tarrant 'Tarrant Wise Benton Denton Mood Parker Parker Jack Johnson Johnson Palo Pinto Ellis Ellis Stephens Collin Hill Dallas Eastland Rockwall Soanervell Kaufman Comanche Cooke tvlontague Clay Hamilton Bos ue Figure 2. Texas RRC Map of Well and Well Permit Locations in the Barnett Shale Area (red = gas wells, green = oil wells, blue = permits. RRC district 5,7B, & 9 boundaries shown in blaclt.) 2.2 Air Pollutants and Air Quality._ ggulato Efforts Oil and gas activities in the Barnett Shale area have the potential to emit a variety of air pollutants, including greenhouse gases, ozone and fine particle smog- forming compounds, and air toxic chemicals. The state of Texas has the highest greenhouse gas (GHG) emissions in the U.S., and future federal efforts to reduce national GHG emissions are likely to require emissions reductions fi sources in the state. The three anthropogenic greenhouse gases of greatest concern, carbon dioxide, methane, and nitrous oxide, are emitted from oil and gas sources in the Barnett Shale area. At present, air quality monitors in the Dallas -Fort Worth area show the area to be in compliance with the 1997 fine particulate matter (PM2 air quality standard, which is 15 micrograms per cubic meter (µglen') on an annual average basis. In 2006, the Clean Air Scientific Advisory Committee for EPA recommended tightening the standard to as low as 13 pg /m to protect public health, but the EPA administrator kept the standard at the 1997 level. Fine particle air quality monitors in the Dallas -Fort Worth area have been above the 13 µg /m level several times during the 2000 -2007 time period, and tightening of the fine particle standard by future EPA administrators will focus regulatory attention at sources that emit fine particles or fine particle - forming compounds like NO, and VOC gases. 2.3 Primary Emission Sources Involved _i_B S hale Oil and Gas Production There are a variety of activities that potentially create air emissions during oil and gas production in the Barnett Shale area. The primary emission sources in the Barnett Shale oil and gas sector include compressor engine exhausts, oil and condensate tank vents, production well fugitives, well drilling and hydraulic fracturing, well completions, natural gas processing, and transmission fugitives. Figure 3 shows a diagram of the major machinery and process units in the natural gas system. (3) 2.3.1 — Point Sources i. Compressor Engine Exhausts Internal combustion engines provide the power to run compressors that assist in the production of natural gas from wells, pressurize natural gas from wells to the pressure of lateral lines, and power compressors that move natural gas in large pipelines to and from processing plants and through the interstate pipeline network. The engines are often fired with raw or processed natural gas, and the combustion of the natural gas in these engines results in air emissions. Most of the engines driving compressors in the Barnett Shale area are between 100 and 500 hp in size, but some large engines of 1000+ hp are also used. ii. Condensate and Oil Tanks Fluids that are brought to the surface at Barnett Shale natural gas wells are a mixture of natural gas, other gases, water, and hydrocarbon liquids. Some gas wells produce little or no condensate, while others produce large quantities. The mixture typically is sent first to a separator unit, which reduces the pressure of the fluids and separates the natural gas and other gases from any entrained water and hydrocarbon liquids. The gases are collected off the top of the separator, while the water and hydrocarbon liquids fall to the bottom and are then stored on -site in storage tanks. The hydrocarbon liquid is known as condensate. N .01 %duemn 'P'f�*ssgl :. :`.ifTi55iCil�. 1sS "wtE =.sY i f 'fain 211 I I_` -3rect sefv.te ptpe.a�s sales sp slat sta[�ns Gas rja# l �eii15P5 i ^JL__4� —� v7'5 i i t i f7_- Hennes a o'a,- u i n�er�r ^= l ❑ � i �SfL3a'3 � x- ?x"2557.' ' /reaerv�ir ' j 'ss'e r�'vla'�5r Figure 3, Major Units in The Natural Gas Industry From Wells to Customers. (3) The condensate tanks at Barnett Shale wells are typically 10,000 to 20,000 gallons and hydrocarbons vapors from the condensate tanks can be emitted to the atmosphere through vents on the tanks. Condensate liquid is periodically collected by truck and transported to refineries for incorporation into liquid fuels, or to other processors. At oil wells, tanks are used to store crude oil on -site before the oil is transported to refiners, Like the condensate tanks, oil tanks can be sources of hydrocarbon vapor emissions to the atmosphere through tank vents. 2.3.2 --- Fugitive and Intermittent Sources 1. Producti ©n Fugitive Emissions Natural gas wells can contain a large number of individual components, including pumps, flanges, valves, gauges, pipe connectors, compressors, and other pieces. 'These components are generally intended to be tight, but leaks are not uncommon and some leaks can result in large emissions of hydrocarbons and methane to the atmosphere. The emissions from such leaks are called "fugitive" emissions. These fugitive emissions can be caused by routine wear, rust and corrosion, improper installation or maintenance, or overpressure of the gases or liquids in the piping. In addition to the unintended fugitive emissions, pneumatic valves which operate on pressurized natural gas leak small quantities of natural gas by design during normal operation. Natural gas wells, processing plants, and pipelines often contain large numbers of these kinds of pneumatic valves, and the accumulated emissions from all the valves in a system can be significant. ii. Well Drilling, Hydraulic Fracturing, and Completions Oil and gas drilling rigs require substantial power to from wellbores by driving drill bits to the depths of hydrocarbon deposits. In the Barnett Shale, this power is typically provided by transportable diesel engines, and operation of these engines generates exhaust frorn the burning of diesel fuel. After the wellbore is formed, additional power is needed to operate the pumps that move large quantities of water, C. sand /glass, or chemicals into the wellbore at high pressure to hydraulically fracture the shale to increase its surface area and release natural gas. After the wellbore is formed and the shale fractured, an initial mixture of gas, hydrocarbon liquids, water, sand, or other materials comes to the surface. The standard hardware typically used at a gas well, including the piping, separator, and tanks, are not designed to handle this initial mixture of wet and abrasive fluid that comes to the surface. Standard practice has been to vent or flare the natural gas during this "well completion" process, and direct the sand, water, and other liquids into ponds or tanks. After some time, the mixture coming to the surface will be largely free of the water and sand, and then the well will be connected to the permanent gas collecting hardware at the well site. During well completions, the venting /flaring of the gas coming to the surface results in a loss of potential revenue and also in substantial methane and VOC emissions to the atmosphere. W. Natural Gas Processing Natural gas produced from wells is a mixture of a large number of gases and vapors. Wellhead natural gas is often delivered to processing plants where higher molecular weight hydrocarbons, water, nitrogen, and other compounds are largely removed if they are present. Processing results in a gas stream that is enriched in methane at concentrations of usually more than 80 %. Not all natural gas requires processing, and gas that is already low in higher hydrocarbons, water, and other compounds can bypass processing. Processing plants typically include one or more glycol dehydrators, process units that dry the natural gas. In addition to water, the glycol absorbent usually collects significant quantities of hydrocarbons, which can be emitted to the atmosphere when the glycol is regenerated with beat. The glycol dehydrators, pumps, and other machinery used in natural gas processing can release methane and hydrocarbons into the atmosphere, and emissions also originate from the numerous flanges, valves, and other fittings. iv. Natural Gas Transmission Fugitives Natural gas is transported frorn wells in mostly underground gathering lines that form networks that can eventually collect gas from hundreds or thousands of well locations. Gas is transported in pipeline networks from wells to processing plants, compressor stations, storage formations, and /or the interstate pipeline network for eventual delivery to customers. Leaks from pipeline networks, from microscopic holes, corrosion, welds and other connections, as well as from compressor intake and outlet seals, compressor rod packing, blow and purge operations, pipeline pigging, and from the large number of pneumatic devices on the pipeline network can result in large emissions of methane and hydrocarbons into the atmosphere and lost revenue for producers. 2.4 Obiectives Barnett Shale area oil and gas production can emit pollutants to the atmosphere which contribute to ozone and fine particulate matter smog, are known toxic chemicals, or contribute to climate change. The objectives of this study were to examine Barnett Shale oil and gas activities and ; (1) estimate emissions of volatile organic compounds, nitrogen oxides, hazardous air pollutants, methane, carbon dioxide, and nitrous oxide; (2) evaluate the current state of regulatory controls and engineering techniques used to control emissions frorn the oil and gas sector in the Barnett Shale; (3) identify new approaches that can be taken to reduce emissions from Barnett Shale activities; and (4) estimate the emissions reductions and cost effectiveness of implementation of new emission reduction methods. 3.0 TECHNICAL APPROACH 3.1 Pollutants Estimates were made of 2007 and 2009 emissions of smog forming, air toxic, and greenhouse gas compounds, including nitrogen oxides (NOJ, volatile organic compounds (VOCs), air toxics a.k.a. hazardous air pollutants (HAPs), methane (CH nitrous oxide (N and carbon dioxide (CO Volatile organic compounds are generally carbon and hydrogen -based chemicals that exist in the gas phase or can evaporate from liquids. VOCs can react in the atmosphere to form ozone and fine particulate matter. Methane and ethane are specifically excluded from the definition of VOC because they react slower than the other VOC compounds to produce ozone and fine particles, but they are ozone - causing compounds nonetheless. The HAPs analyzed in this report are a subset of the VOC compounds, and include those compounds that are known or believed to cause human health effects at low doses. An example of a HAP compound is benzene, which is an organic compound known to contribute to the development of cancer. Emissions of the greenhouse gases CO CH. and N were determined individually, and then combined as carbon dioxide equivalent tons (CO2e)• In the combination, CH tons were scaled by 21 and N20 tons by 310 to account for the higher greenhouse gas potentials of these gases. (4) Emissions in 2009 were estimated by examining recent trends in Barnett Shale hydrocarbon production, and where appropriate, extrapolating production out to 2009. State regulatory programs are different for compressor engines inside the D -FW 9- county metropolitan area compared to outside. Engine emissions were determined separately for the two groups. 3.2 Hvdrocarbon Production Production rates in 2007 for oil, gas, casinghead gas, and condensate were obtained from the Texas Railroad Commission for each county in the Barnett Shale area. The large amount of production from wells producing from the Barnett Shale, as well as the smaller amounts of production from conventional formations in the area were taken together. The area was analyzed in whole, as well as by counties inside and outside the D -1{ W 9- county metropolitan area. Production rates in 2009 were predicted by plotting production rates from 2000 -2007 and fitting a 2 " -order polynomial to the production rates via the least - squares method and extrapolating out to 2009. 3.3 Compressor Engine Exhausts - Emission Factors and Emission EstiM.Ate_.s Emissions frorn the natural -gas fired compressor engines in the Barnett Shale were calculated for two types of engines: the generally large engines that had previously reported emissions into the TCEQ's Point Source Emissions Inventory (PSEI) prior to 2007 (a.k.a. PSEI Engines), and the generally smaller engines that had not previously reported emissions (a.k.a. non -PSEI Engines). Both these engine types are located in the D -FW 9- county metropolitan area (a.k.a. D -FW Metro Area), as well as in the rural counties outside the metropolitan area (a.k.a. Outside D -FW Metro Area). The four categories of engines are summarized in Figure 4 and the methods used to estimate emissions from the engines are described in the following sections. Figure 4. Engine Categories. PSEI Engines Outside D -FW Metro Area i. Nan -PSEI Engines in D -FW Metropolitan Area Large natural gas compressor engines, located primarily at compressor stations and also some at well sites, have typically reported emissions to the Texas Commission on Environmental Quality (TCEQ) in annual Point Source Emissions Inventory (PSEI) reports. However, prior to 2007, many other stationary engines in the Barnett Shale area had not reported emissions to the PSEI and their contribution to regional air quality was unknown. In late 2007, the TCEQ conducted an engine survey for counties in the D -FW metropolitan area as part as efforts to amend the state clean air plan for ozone. Engine operators reported engine counts, engine sizes, NO, emissions, and other data to TCEQ. Data summarized by TCEQ from the survey was used for this report to estimate emissions from natural as engines in the Barnett Shale area that bad previously not reported emissions into the annual PSEI. Data obtained from TCEQ included total operating engine power in the metropolitan area, grouped by rich vs. lean burn engines, and also grouped by engines smaller than 50 hp, between 50 - 500 hp, and larger than 500 hp. Regulations adopted by TCEQ and scheduled to take effect in early 2009 will limit NO., emissions in the D-FW metropolitan area for engines larger than 50 horsepower. (7) Rich burn engines will be restricted to 0.5 g/hp -hr, lean burn engines installed or moved before .Tune 2007 will be restricted to 0.7 g/hp -hr, and lean burn engines installed or moved after June 2007 will be limited to 0.5 g /hp -hr. For this report, emissions in 2009 from the engines in the metropolitan area subject to the new rules were estimated assuming 97% compliance with the upcorning rules and a 3% noncompliance factor for engines continuing to ernit at pre -2009 levels. Emissions for 2007 were estimated using NO, emission factors provided by operators to TCEQ in the 2007 survey (6) Emissions of VOCs were determined using TCEQ - determined emission factors, and emissions of HAPs, CH and CO were determined using emission factors from EPA's AP -42 document, In AP -42, EPA provides emission factors for HAP compounds that are created by incomplete fuel combustion. For this report only those factors which were judged by EPA to be of high quality, "A" or "B" ratings, were used to estimate emissions. Emission factors for the greenhouse gas N were from an emissions inventory report issued by the American Petroleum Institute 0 0) Beginning in 2009, many engines subject to the new NO, limits are expected to reduce their emissions with the installation of non - selective catalytic reduction units (NSCR), a.k.a. three -way catalysts. NSCR units are essentially modified versions of the "catalytic converters" that are standard equipment on every gasoline - engine passenger vehicle in the U.S. A likely co- benefit of NSCR installation will be the simultaneous reduction of VOC, HAP, and CH emissions. Emissions from engines expected to install NSCR units were determined using a 75% emissions reduction factor for VOC, HAPs, and CH.,. Conversely, NSCR units are known to increase N emissions, and N emissions were estimated using a 3.4x factor increase over uncontrolled ernission faetors. °) Table 2 summarizes the emission factors used to calculate emissions frorn the compressor engines identified in the 2007 survey. Table 2. Emission Factors for Engines Identified in the D -FED' 2007 Engine Survey Table 2 -1. Emission Factors for 2007 Emissions engine type engine size NO /h -hr)a VOC .. /h -hr n HAPs /h -hr ° CH (g/hp-h r d CO (g- lip-hr)' N (g- h -hr r rich <50 13.6 0.43 0.088 0.89 424 0.0077 rich 50 -500 13.6 0.43 0.088 0.89 424 0.0077 rich >500 0.9 0.43 0.088 0.89 424 0.0077 lean <500 6.2 1.6 027 4.8 424 0.012 lean >500 0.9 J 1.6 0.27 4.8 424 0.012 Table 2-2, Emission Factors for 2009 Emissions engine tYpe engine size NO X - ` VOC /h -hr HAPs /h -hr k CH, /h -hr ' CO (g- hp-hr) N (g- hp-hr n rich <50 13.6 0.43 0.088 0.89 424 0.0077 rich 50 -500 0.5 0.11 0.022 0.22 424 0.026 rich >500 0.5 0.11 0.022 022 424 0.026 lean' <500 0.62 1.6 0.27 4.8 424 0.012 lean h <500 0.5 l.6 0.27 4.8 424 .0.012 lean$ >500 0.7 1.45. 0.27 1 4.8 1424 0.012 lean' >500 0.5 1.45 0.27 1 4.8 1 424 0.012 notes: a. email from TCEQ to SMU, August 1, 2008, summary of results from 2007 engine survey (reference 6). b: email from TCEQ to SMU, August 6, 2008 (reference 8). c: EPA, AP -42, quality A and 13 emission factors; rich engine HAPs = benzene, formaldehyde, toluene; lean engine HAPs T acetaldehyde, acrolein, xylene, benzene, formaldehyde, methanol, toluene, xylene (reference 9). d: EPA, AP -42 (reference 9). e: EPA, AP -42 (reference 9). f: API Compendium Report (reference 10), g: engines installed or moved before June 2007 - TCEQ regulations establish different regulatory limits for engines installed or moved before or after June 2007 (reference 7), h: engines installed or moved after Jane 2007 - TCEQ regulations establish different regulatory limits for engines installed or moved before or after June 2007 (reference 7). is rich ( <50) factor from email from TCEQ to SMU, August 1, 2008 (reference 6); rich (50 -500), rich ( >500), lean ( <500, post - 2007), lean ( >500, pre - 2007), and lean ( >500, post -2007) from TCEQ regulatory limits (reference 7); lean ( <500, pre -2007) estimated with 90% control. j: rich ( <50) from email from TCF_Q to SMU (reference 8); rich (50.500) and rich ( >500) estimated with 75% NSCR control VOC co- benefit; lean EFs from email from TCEQ to SMU (reference 8). Large lean engine VOC emission factor adjusted from 1.6 to 1.45 to account for the effects ofNSPS JJJJ rules on VOC emissions. k: EPA, AP -42 (reference 9); rich (50500) and rich ( >500) estimated with 75% control co- benefit. 1: EPA, AP -42 (reference 9); rich (50 -500) and rich ( >500) estimated with 75% control co- benefit. m: EPA, AP -42 (reference 9). n: API Compendium Report (reference 10); rich (50 -500) and rich ( >500) estimated with 3.4x N emissions increase over uncontrolled rate. 10 Annual emissions from the engines identified in the 2007 survey were estimated using the pollutant - specific emission factors from Table I together with Equation 1, 11i, = 1. 10E °06 * Ei * Pcap x, F1,1 ( where r ., was the mass emission rate of pollutant i in tons per year, E was the emission factor for pollutant i in grams /hp - hr, P, is installed engine capacity in hp, and F1,1 is a factor to adjust for annual hours of operation and typical load conditions. Installed engine capacity in 2007 was determined for six type /size categories using TCEQ estimates from the 2007 engine survey - two engine types (rich vs. lean) and three engine size ranges ( <50, 50 -500, >500 hp) were included.t TCEQ estimates of the average engine sizes and the numbers of engines in each size category were used to calculate the installed engine capacity for each category, as shown in Table 3. The F factor was used to account for typical hours of annual operation and average engine loads. A Fi value of 0.5 was used for this study, based on 8000 hours per year of average engine operation (8000/8760 0.91) and operating engine loads of 55% of rated capacity, giving an overall hours -load factor of 0.91x 0.55�0.5. Table 3. Installed Engine Capacity in 2007 D -FW Engine Survey by Engine Type and Size engine type engine size h number of en mes typical size h installed ca aei T h rich <50 12 50 585 rich 50 -500 724 140 101,000 rich >500 200 1400 280,000 lean' <500 14 185 2540 leans' <500 13 185 2400 lean' >500 103 1425 147,000 lean" >500 103 1425 147,000 notes: o: engines installed or moved before June 2007 - TCEQ regulations establish different regulatory limits for engines installed or moved before or after June 2007 (reference 7). p: engines installed or moved after June 2007 - TCEQ regulations establish different regulatory limits for engines installed or moved before or after June 2007 (reference 7). q: rich ( <50) installed capacity based on HARC October 2006 H68 report which found that small rich burn engines comprise no more than I% of engines in East Texas; rich (50 -500) and rich ( >500) installed capacity frorn email TCEQ to SMU in August 1, 2008 (reference 6); lean burn installed capacity from email TCEQ to SMU in August 1, 2008 (reference 6) along with RRC data suggesting that 50% of engines in 2009 will be subject to the past -Junc 2007 NOx rule. r: installed capacity = number of engines x typical size ii. PSEI Engines in D -FW kfewopolitan Area In addition to the engines identified in the 2007 TCEQ survey of the D -FW 9- county metropolitan area, many other stationary engines are also in use in the area. These include engines that had already been reporting annual emissions to TCEQ in the PSEI, which are principally large engines at compressor stations. 11 Emissions of NO, from large engines in the D -FW metropolitan area that were reporting to the TCEQ PSEI were obtained from the 2006 Annual PSEI, the most recent calendar year available.t Emissions for 2007 and 2009 were estimated by extrapolating 2006 emissions upward to account for increases in gas production and compression needs from 2006 -2009. For NO, emissions in 2006 and 2007, an average emission factor of 0.9 g /hp -hr was obtained from TCEQ. (8) Emissi ons in 2009 were adjusted by accounting for the 0.5 g /hp -hr TCEQ regulatory limit scheduled to take effect in early 2009 for the D -FW metropolitan area. (7) Unlike NO, emission, emissions of VOC were not taken directly from the PSEI. Estimates of future VOC emissions required accounting for the effects that the new TCEQ engine NO, limits will have on future VOC emissions. A compressor engine capacity production factor of 205 hp /(MMcf /day) was obtained from TCEQ that gives a ratio of installed horsepower capacity to the natural gas production. The 205 hp /(MMcf /day) factor was based on previous TCEQ studies of gas production and installed large engine capacity. The factor was used with 2006 gas production values to estimate installed PSEI engine capacities for each county in the Barnett Shale area. Engine capacities were divided between rich burn engines smaller and larger than 500 hp, and lean burn engines. To estimate 2009 emissions, rich burn engines smaller than 500 hp are expected to have NSCR units by 2009 and get 75% VOC, HAP, and CH control. Table 4 summarizes the VOC, HAP, and greenhouse gas emission factors used for the PSEI engines in the D -FW metropolitan area. Table 5 summarizes the estimates of installed engine capacity for each engine category. Table 4. VOC, HAP, GHG Emission Factors for PSEI Engines in b -FN,V Metropolitan Area Table 4 -1. Emission Factors for 2007 Emissions engine type engine size VOC EFs /h -hr $ HAPs EF /h -hr) CH,, EF (/h -hr)° CO, EF /h -hr ° N (g/hp- hr)" rich <500 0.43 0.088 0.89 424 0.0077 rich >500 0.11 0.022 0.22 424 0.026 lean all 1.6 0.27 4.8 424 0.012 Table 4 -2. Emission Factors for 2009 Emissions engine type engine size VOC EFs /h -hr S HAPs EF /h -hr ` CH, EF /h -hr)" CO2 EF /h -hrj" N20 /h -hr rich <500 0.11 0.022 022 424 0.026 rich >500 0.11 0.022 0.22 424 0.026 lean all 1.47 0.27 4.8 424 0.012 notes: s: email from TCEQ to SMU, August 6, 2008; 75% reductions applied to 2007 rich (>500),2009 rich ( >500) and 2009 rich ( <500) engines (reference 8). Large lean engine VOC emission factor adjusted from 1.6 to 1,47 to account for the effects ofNSPS JJJJ rules on VOC emissions. t: EPA, AP -42 (reference 9); 75% reductions applied to 2007 rich ( >500), 2009 rich ( >500) and 2009 rich ( <500) engines (reference 9). u: EPA, AP-42 (reference 9) ; 75% reductions applied to 2007 rich ( >500), 2009 rich ( >500) and 2009 rich ( <500) engines (reference 9). v: EPA, AP -42 (reference 9). w: API Compendium Report; 2007 rich ( >500), and 2009 rich ( >500) and 2009 rich ( <500) engines estimated with 3.4x N emissions increase over uncontrolled rate (reference 10). 12 Table 5, Installed Engine Capacity in 2007 for PSEI Engines Inside D -FW Metropolitan Area engine type engine size (hp) installed capacity arQ X installed capacity. ( hp ) , rich <500 0.14 59,500 rich >500 0.52 221,000 lean all 034 144,000 notes: x: distribution of engine types and sizes estimated from October 2006 HARC study (reference 13). y: estimated as the installed capacity ( %) x the total installed capacity based on the TCEQ compressor engine capacity production factor of 205 hp /(MMcf /day) (references 5,8). iii, PSEI Engines Outside D -F33 Metropolitan Area Emissions of NO. frog► large engines outside the D -FW metropolitan area reporting to the TCEQ were obtained from the 2006 PSEI. Emissions for 2007 and 2009 were estimated by extrapolating 2006 emissions upward to account for increases in gas production from 2006.2009. Unlike engines inside the metropolitan area, the engines outside the metropolitan area are not subject to the new D -FW engine rules scheduled to take effect in 2009. In addition to the D -.FW engine rules, in 2007 the TCEQ passed the East Texas Combustion Rule that limited NO. emissions from rich -burn natural gas engines larger than 240 hp in certain east Texas counties. Lean burn engines and engines smaller than 240 hp were exempted. The initial proposed rule would have applied to some counties in the Barnett Shale production area, including Cooke, Wise, Hood, Somervell, Bosque, and Hill, but in the final version of the rule these counties were removed from applicability, with the exception of Hill, which is still covered by the rule. Since gas production from Hill County is less than 3.5% of all the Barnett Shale area gas produced outside the D -FW metropolitan area, the East Texas Combustion Rule has limited impact to emissions from Barnett Shale area activity. Emissions of VOC, HAPs, and greenhouse gases for large engines outside the D -FW metropolitan area were not obtained from the 2006 PSEI. A process similar to the one used to estimate emissions from large engines inside the metropolitan area was used, whereby the TCEQ compressor engine capacity production factor, 205 hp /(MMcf /day), was used along with actual 2007 production rates to estimate total installed engine capacity as well as installed capacity in each county for different engine categories. Pollutant- specific emission factors were applied to the capacity estimates for each category to estimate emissions. Table 6 summarizes the emission factors used to estimate emissions from engines in the PSEI outside the D -FW metropolitan area. The engine capacities used to estimate emissions are shown in Table 7. Table 6. VOC, HAP, GHG Emission Factors for PSEI Engines Outside D -FNV Metropolitan Area engine type engine size VOC (/h -hr )' HAPs (Ih -hr' as CH 4 (/h -hr ) CO (g- hp-hr) ss N hp-hr)' rich <500 0.43 0.088 0.89 424 0.0077 rich >500 0.11 0.022 0.22 424 0.026 lean all 1.45 0.27 4.8 424 0.012 notes: z: email from TCEQ to SMU, August 6, 2008; 75% control applied to rich ( >500) engines (reference 8). Large lean engine VOC emission factor adjusted from 1.6 to 1.45 to account for the effects ofNSPS JJJJ rules on VOC emissions. aa: EPA, AP -42; 75% control applied to rich ( >500) engines (reference 9). 13 bb. EPA, AP -42 (reference 9). cc. API Compendium Report; rich ( >500) engines estimated with 3.4x N emissions increase over uncontrolled rate (reference 10). Table 7. Installed Engine Capacity in 2007 for PSEI Engines Outside D -FW Metropolitan Area engine engine size installed installed . type (hp) capacity capacity %)dd 11 ce rich <500 0.14 17,000 rich >500 0.52 62,000 lean all 0.34 41,000 notes: dd: distribution of engine types and sizes estimated from October 2006 HARC study (reference 13), ee: estimated as the installed capacity ( %) x the total installed capacity based on the TCEQ compressor engine capacity production factor of 205 hp /(MMcf /day) (references 5,8). iv. Non -PSEI Engines Outside the D -FW Metropolitan Area The Point Source Emissions Inventory (PSEI) only contains emissions from a fraction of the stationary engines in the Barnett Shale area, principally the larger compressor engines with emissions above the PSEI reporting thresholds. The 2007 TCEQ engine survey of engines inside the D -FW metropolitan area demonstrated that the PSEI does not include a substantial fraction of total engine emissions. Most of the missing engines in the metropolitan area were units with emissions individually below the TCEQ reporting thresholds, but the combined emissions froth large numbers of smaller engines can be substantial. The results of the 2007 survey indicated that there were approximately 680,000 hp of installed engine capacity in the D -FW metropolitan area not previously reporting to the PSEI.'`' Natural gas and casinghead gas production from metropolitan counties in 2007 was approximately 1,000 Bef. A "non- PSEI" compressor engine capacity production factor of 226 hp /(MMcf /day) was determined for the Barnett Shale area. This capacity factor accounts for all the small previously hidden engines that the 2007 survey showed come into use in oil and gas production activities in the area. This production factor was used along with 2007 gas production rates for the counties outside the D -FW metropolitan area to estimate non -PSEI engine emissions from these counties. The new production factor accounts for the fact that counties outside the metro area likely contain previously unreported engine capacity in the same proportion to the unreported engine capacity that was identified during the 2007 engine survey inside the metro area. Without a detailed engine survey in the rural counties of the same scope as the 2007 survey performed within the D -FW metropolitan counties, use of the non -PSEI production factor provides a way to estimate emissions from engines not yet in state or federal inventories. The capacity of non -PSEI reporting engines in the rural counties of the Barnett Shale was determined by this method to be 132,000 hp. Emission factors used to estimate emissions from these engines, and the breakdown of total installed engine capacity into engine type and size categories, are shown in Tables 8 and 9. 14 Table 8. Emission Factors for Non -PSEI Engines Outside I1 -FED' Metropolitan Area engine type engine size NO. (g /hp -hr) VOC (g /hp- hr SS HAPs (g /hp- hr) Milt CIA (g /hp- h llb CO (g- hp-hr)" N (g- hp -hr)r' rich <50 13.6 0.43 0.088 0.89 424 0.0077 rich 50 -500 103 0.43 0.088 0.89 424 0.0077 rich >500 0.89 0.11 0.022 0.22 424 0.026 lean <500 5.2 1.45 0.27 4.8 424 0.012 lean >500 0.9 1.6 0.27 4.8 424 0.012 notes: ff: entail from TCEQ to SMU, August 1, 2008 (reference 6). Rich burn engines 50 -500 hp NOx emission factor adjusted from 13.6 to 10.3 to account for the effects of NSPS JJJJ rules on NOx emissions and the effect of the TCEQ East Texas Combustion Rule on Hill County production. Rich burn engines >500 adjusted from 0.9 to 0.89 to account for the effect of the TCEQ East Texas Combustion Rule on Hill County production. Lean burn <500 hp engine post -2007 emission factor adjusted from 6.2 to 5.15 to account for the effects of NSPS JJJJ rules on NOx emissions. gg: email from TCEQ to SMU, August 6, 2008; rich ( > 500) based on 75% control (reference 8). Small lean engine VOC emission factor adjusted from 1.6 to 1.45 to account for the effects of NSPS JJJJ rules on VOC emissions. lih: EPA, AP -42; rich ( >S00) based on 75% control (reference 9). ii; EPA, AP -42 (reference 9). jj; API Compendium Report; rich ( >500) estimated with 3.4x N 2 0 emissions increase over uncontrolled rate (reference 10). Table 9. Installed Engine Capacity for Non -PSEI Engines Outside Metropolitan Area by Engine Type /Size engine type engine size h installed ca acit % installed ca aci h ) rich <50 0.01 110 rich 50-500 15 20,000 rich >500 41 55,000 lean <500 0.73 970 lean >500 43 57,000 3.2 Condensate and Oil Tanks - Emission Factors and Emission Estimates Condensate and oil tanks can be significant emitters of VOC, methane, and HAPs. A report was published in 2006 by URS Corporation which resented the results of a large investigation of emissions from condensate and oil tanks in Texas.t were sampled from 33 locations across East Texas, including locations in the Barnett Shale area. Condensate tanks in the Barnett Shale were sampled in Denton and Parker Counties, and oil tanks were sampled in Montague County. The results from the URS investigation were used in this study to calculate Barnett Shale - specific emission factors for VOC, CH HAPs, and CO instead of using a more general Texas -wide emission factor. The URS study was conducted during daylight hours in July 2006, when temperatures in North Texas are significantly above the annual average. Therefore, the results of the URS investigation were used to calculate "Peak Sumner" emissions. The HAPs identified in the URS study included n- hexane, benzene, trimethylpentane, toluene, ethylbenzene, and xylene. The emission factors used to calculate peak summer emissions from Barnett 15 Shale condensate and oil tanks are shown in Table 10 -1. Figure 5 shows a condensate tank battery from the 2006 URS study report. Figure 5. Example Storage Tank Battery (left), Separators (right), and Piping. (14) Computer modeling data were provided during personal communications with a Barnett Shale gas producer who estimated VOC, CH HAPs, and CO2 emissions from a number of their condensate tanks!" The tanks were modeled with ambient temperatures of 60 F, which the producer used to represent annual hourly mean temperatures in the D -FW area. These modeling results were used in this report to predict annual average condensate tank emission factors for the Barnett Shale area. The annual average emission factors are shown in Table 10 -2. 16 Table 10. Condensate and Oil Tank Emission Factors for the Barnett Shale. Table 10 -1. Peak Summer Emission Factors. (14) Table 10 -2. Annual Average Emission Factors. VOC (lbs /bbl) HAPs (lbs /bbl) CH (lbs /bbl) CO 2 (lbs /bbl) condensate 48 3.7 5.6 0.87 oil 6.1 0.25 0.84 2.7 Table 10 -2. Annual Average Emission Factors. Emissions for 2007 were calculated for each county in the Barnett Shale area, using condensate and oil production rates from the RRC. Emissions for 2009 were estimated with the extrapolated 2000 -2007 production rates for the year 2009. Emissions were calculated with Equation 2, M I;; = E, * Pf - C / 2000 (2) where M was the mass emission rate of pollutant i in tons per year, E was the emission factor for pollutant i in lbs /bbl, P, was the production rate of condensate or oil, and C was a factor to account for the reduction in emissions due to vapor - emissions controls on some tanks. For this report, the use of vapor - etnissions controls on some tanks was estimated to provide a 25% reduction in overall area -wide emissions. 3.3 Production Fugitives - Emission Factors and Emission Estimates Fugitive emissions from production wells vary from well to well depending on many factors, including the tightness of casing heads and fittings, the age and condition of well components, and the numbers of flanges, valves, pneumatic devices, or other components per well_ A previous study published by the Gas Research Institute and U.S. EPA investigated .fugitive emissions from the natural gas industry, including emissions from production wells, processing plants, transmission pipelines, storage facilities, and distribution lines. (15) Fugitive emissions of natural gas from the entire natural gas network were estimated to be 1.4% of gross production. Production fugitives, excluding emissions from condensate tanks (which are covered in another section of this report), were estimated by the GRI /EPA study to be approximately 20% of total fugitives, or 0.28% of gross production. Production fugitive emissions from Barnett Shale operations in 2007 were estimated as 0.28% of gross natural gas and casinghead gas production. of 1098 Bef /yr. Volume emissions were converted to mass emissions with a density of 0.0483 lb /sef: Multiple Barnett Shale gas producers provided gas composition, heat content data, and area -wide maps of gas composition. The area -wide maps of gas composition were used to estimate gas composition for each producing county. These county -level data were weighted by the fraction of total area production that originated from each county to calculate area - wide emission factors. Table 11 presents the production fugitives emission factors. 17 VOC (lbs /bbl) HAPs (lbs /bbl) CH (lbs /bbl) CO 2 (lbs /bbl) condensate 10 0.20 1.7 0.23 oil 1.3 0.013 0.26 0.70 Emissions for 2007 were calculated for each county in the Barnett Shale area, using condensate and oil production rates from the RRC. Emissions for 2009 were estimated with the extrapolated 2000 -2007 production rates for the year 2009. Emissions were calculated with Equation 2, M I;; = E, * Pf - C / 2000 (2) where M was the mass emission rate of pollutant i in tons per year, E was the emission factor for pollutant i in lbs /bbl, P, was the production rate of condensate or oil, and C was a factor to account for the reduction in emissions due to vapor - emissions controls on some tanks. For this report, the use of vapor - etnissions controls on some tanks was estimated to provide a 25% reduction in overall area -wide emissions. 3.3 Production Fugitives - Emission Factors and Emission Estimates Fugitive emissions from production wells vary from well to well depending on many factors, including the tightness of casing heads and fittings, the age and condition of well components, and the numbers of flanges, valves, pneumatic devices, or other components per well_ A previous study published by the Gas Research Institute and U.S. EPA investigated .fugitive emissions from the natural gas industry, including emissions from production wells, processing plants, transmission pipelines, storage facilities, and distribution lines. (15) Fugitive emissions of natural gas from the entire natural gas network were estimated to be 1.4% of gross production. Production fugitives, excluding emissions from condensate tanks (which are covered in another section of this report), were estimated by the GRI /EPA study to be approximately 20% of total fugitives, or 0.28% of gross production. Production fugitive emissions from Barnett Shale operations in 2007 were estimated as 0.28% of gross natural gas and casinghead gas production. of 1098 Bef /yr. Volume emissions were converted to mass emissions with a density of 0.0483 lb /sef: Multiple Barnett Shale gas producers provided gas composition, heat content data, and area -wide maps of gas composition. The area -wide maps of gas composition were used to estimate gas composition for each producing county. These county -level data were weighted by the fraction of total area production that originated from each county to calculate area - wide emission factors. Table 11 presents the production fugitives emission factors. 17 Table H. Production Fugitives Emission Factors for the Barnett Shale. VOC (lbs /MMct) HAPs (Ibs /MMct) CH., (lbs /MMcf) CO 2 (lbs /MMcl) 11 0.26 99 1.9 Emissions were calculated with Equation 3, M = E, * Px /2000 (3) where M was the mass emission rate of pollutant i in tons per year, E, was the emission factor for pollutant i in Ibs /MMef, and P was the production rate of natural and easinghead gas. The area -wide unprocessed natural gas composition based on data from gas producers was 74% CH 8.2% VOC, 1.4% CO and 0.20% HAPs, on a mass % basis. HAPs in unprocessed natural gas can include low levels of n- hexane, benzene, or other compounds. 3.4 Well Drilling, Hydraulic Fracturing Pump Engines. and Well Completions - Emission Factors and Emission Estimates Emissions from the diesel engines used to operate well drilling rigs and from the diesel engines that power the hydraulic fracturing pumps were estimated based on discussions with gas producers and other published data. Well drilling engine emissions were based on 25 days of engine operation for a typical well, with 1000 hp of engine capacity, a load factor of 50 %, and operation for 12 hours per day. Hydraulic fracturing engine emissions were based on 4.5 days of operation for atypical well, with 1000 hp of capacity, a load factor of 50 %, and operation for 12 hours per day. Some well sites in the D -FW are being drilled with electric- powered rigs, with electricity provided off the electrical grid. Engines emission estimates in this report were reduced by 25% to account for the number of wells being drilled without diesel - engine power. In addition to emissions from drilling and fracing engines, previous studies have examined emissions of natural gas during well completions. These studies include one by the Williams gas company, which estimated that a typical well completion could vent 24,000 Mef of natural gas. "' A report by the EPA Natural Gas Star program estimated that 3000 Mcf could be produced from typical well completions.t A report by ENVIRON published in 2006 describes emission factors used in Wyorning and Colorado to estimate emissions from well completions, which were equivalent to 1000 to 5000 Mcf natural gas /well. (2 ©7 Another report published in the June 2005 issue of the Journal of Petroleum Technology estimated that well completion operations could produce 7,000 Mcf. (21) Unless companies bring special equipment to the well site to capture the natural gas and liquids that are produced during well completions, these gases will be vented to the atmosphere or flared. Discussions with Barnett Shale gas producers that are currently employing "green completion" methods to capture natural gas and reduce emissions during well completions suggests that typical well completions in the Barnett Shale area can release approximately 5000 Mcf of natural gas /well. This value, which is very close to the median value obtained from previous studies (References 18 -21), was used to estimate well completion emissions in this report. The number of completed gas wells reporting to the RRC was plotted for the Feb. 2004 — Feb. 2005 time period .(22) A least- squares regression line was fit to the data, and the slope of the line provides the 18 approximate number of new completions every year. A value of 1042 completions /year was relatively steady throughout the 2004 -2008 time period (linear R2 = 0.9915). Emissions in 2007 and 2009 from well completions were estimated using 1000 new well completions /year for each year. Emission estimates were prepared for the entire Barnett Shale area, as well as inside and outside the D_FW metropolitan area. The data from 2004 -2008 show that 71 percent of new wells are being installed in the D -FW metropolitan area, 29 percent of new wells are outside the metropolitan area, and the rate of new completions has been steady since 2004. Emissions of VOC, HAPs, CH.r, and CO2 were estimated using the same natural gas composition used for production fugitive emissions. Some gas producers are using green completion techniques to reduce emissions, while others destroy natural gas produced during well completions by flaring. To account for the use of green completions and control by flaring, natural gas emission estimates during well completions were reduced by 25% in this report. 3.5 Processing Fu itives - Emission Factors and Emission Estimates Fugitive emissions from natural gas processing will vary from processing plant to processing plant, depending on the age of the plants, whether they are subject to federal rules such as the NSPS Subpart KKK requirements, the chemical composition of the gas being processed, the processing capacity of the plants, and other factors. A previous study published by the Gas Research Institute and U.S. EPA investigated fugitive emissions from the natural gas industry, including emissions from production wells, processing plants, transmission pipelines, storage facilities, and distribution lines. €' Fugitive emissions of natural gas from the entire natural gas industry were estimated to be 1.4 % of gross production. Processing fugitives, excluding compressor engine exhaust emissions that were previously addressed in this report, were estimated to be approximately 9.7 % of total fugitives, or 0.14% of gross production. Processing fugitive emissions frorn Barnett Shale operations in 2007 were estimated as 0.14% of the portion of gas production that is processed, estimated as 519 Bcf /yr. Emission factors for VOC, HAPs, CHa, and CO2 were estimated with an area -wide natural gas composition, excluding the gas from areas of the Barnett Shale that does not require any processing. Volume emissions were converted to mass emissions with a natural gas density of 0.0514 lb /sc£ Table 12 presents the processing fugitives ernission factors. Table 12. Processing Fugitives Emission Factors for the Barnett Shale. VOC (lbs /MMcf) HAPs (lbs /MMcf) CH, (lbs /MMcl) CO2 (lbs /MMef) 14 03 45 1.0 Processing fugitive emissions were calculated with Equation 4, M11, i = E; * P / 2000 ( where Mp was the mass emission rate of pollutant i in tons per year, E, was the emission factor for pollutant i in lbs /MMcf, and P was the production rate of natural and casinghead gas. The composition of the natural gas produced in the Barnett Shale that is processed was estimated to be 65% CII 1.5% CO 20 %© VOC, and 0.48 %p HAPs, on a mass % basis. Not all natural gas from the Barnett Shale area requires processing. OR] 3.6 Transmission Fugitives - Emission Factors and Emission Estimates Fugitive emissions from the transmission of natural gas will vary depending on the pressure of pipelines, the integrity of the piping, fittings, and valves, the chemical composition of the gas being transported, the tightness of compressor seals and rod packing, the frequency of blow down events, and other factors. A previous study published by the Gas Research Institute and U.S. EPA investigated fugitive emissions from the natural gas industry, including emissions from production wells, processing plants, transmission pipelines, storage facilities, and distribution linesP Fugitive emissions of natural gas from the entire natural gas industry were estimated to be 14% of gross production. Transmission fugitives, excluding compressor engine exhaust emissions that were previously addressed in this report, were estimated to be approximately 35% of total fugitive emissions, or 0.49% of gross production. Transmission includes the movement of natural gas from the wells to processing plants, and the processing plants to compressor stations. It does not include flow past the primary metering and pressure regulating (M &PR) stations and final distribution lures to customers. Final distribution of gas produced in the Barnett Shale can happen anywhere in the North American natural gas distribution system, and fugitive emissions from these lines are beyond the scope of this report. Transmission fugitive emissions from Barnett Shale operations in 2007 were estimated as 0.49% of gross natural gas and casinghead gas production of 1098 Bef/yr. Emission factors for VOC, HAPs, CH. and CO were developed considering that a significant portion of the gas moving through the network does . not require processing, while the portion of the gas with higher molecular weight compounds will go through processing. In addition, all gas will have a dry (high methane) coanp.osition after processing as it moves to compressor stations and then on to customers. Overall area -wide transmission fugitive emissions were calculated with a gas composition of 76% C114, 5.1% VOC, 1 A% CO2, and 0.12% HAPs, by mass %. Table 13 presents the transmission fugitives emission factors. Table 13. Transmission Fugitives Emission Factors for the Barnett Shale. VOC (lbs /MMcf) HAPs (lbs /MMef) CH (lbs /MMcf) CO2 (lbs /MMcf) 12 0.28 175 33 Transmission fugitive emissions were calculated with Equation 5, 141,j = E; * Pg /2000 ( where M,, was the mass emission rate of pollutant i in tons per year, E was the emission factor for pollutant i in lbs /MMef, and P. was the production rate of natural and casinghead gas. 20 4.0 RESULTS 43 Point Sources i. Compressor Engine Exhausts Emissions from compressor engines in the Barnett Shale area are summarized in Tables 14 and 15. Results indicate that engines are significant sources of ozone and particulate matter precursors (NO. and VOC), with 2007 emissions of 66 tpd. Emissions of NO, are expected to fall 50% from 32 to 16 tpd for engines in the Dallas -Fort Worth metropolitan area because of regulations scheduled to take effect in 2009 and the installation ofNSCR units on many engines. Large reductions are unlikely because of the growth in natural gas production. For engines outside the D--F W metropolitan area counties, NO., emissions will rise from 19 tpd to 30 tpd because of the projected growth in natural gas production and the fact that engines in these counties are not subject to the same regulations as those inside the metropolitan area. Emissions of volatile organic compounds are expected to increase frorn 15 to 21 tpd from 2007 to 2009, because of increasing natural gas production. The 2009 engine regulations for the metropolitan area counties do have the effect of reducing VOC emissions from some engines, but growth in production compensates for the reductions and VOC emissions from engines as a whole increase. HAP emissions, which include toxic compounds such as formaldehyde and benzene, are expected to increase from 2.7 to 3.6 tpd from 2007 to 2009. Greenhouse gas emissions from compressor engines are shown in Table 15. Emissions in 2007 as carbon dioxide equivalent tons were approximately 8900 tpd, and emissions are estimated to increase to nearly 14,000 tpd by 2009. Carbon dioxide contributed the most to the greenhouse gas emissions, accounting for approximately 90% of the CO equivalent tons. The methane contribution to greenhouse gases was smaller for the engine exhausts than for the other sources reviewed in this report. Table 14. Emissions from Compressor Engine Exhausts. Table 15. Greenhouse Gas Emissions Details. 2007 2009 2009 Pollutant (tpd) Pollutant (tpd) Pollutant (tpd) CO2 CH4 N20 Pollutant (tpd) CO2 CH4 N20 c02e NOx VOc HAPs CH4 cote NOx VOc HAPs CH4 CO2e t7 -FW Metro Engines 32 13 2.2 35 7261 16 16 2.9 49 11294 Outside Metro Engines 19 2.5 0.45 7.4 1649 30 3.8 0.70 12 2583 Engines Total 51 15 21 43 8910 46 19 3.8 61 13877 Table 15. Greenhouse Gas Emissions Details. 21 2007 2009 Pollutant (tpd) Pollutant (tpd) CO2 CH4 N20 CO2e CO2 CH4 N20 c02e t3-FW Metro Engines 6455 35 0.20 7261 10112 49 0.28 11294 Outside Metro Engines 1475 7.4 0.062 1649 2310 12 0A0 2583 Engines Total 7930 43 0.26 8910 12422 61 4.38 13877 21 ii. Oil and Condensate Tanks Emissions from condensate and oil tanks are shown in Tables 16 -1 and 16 -2. Annual average emissions are shown in Table 16 -1, and peak summer emissions are shown in Table 16 -2. On an annual average, emissions of VOCs from the tanks were 19 tpd in 2007, and emissions will increase to 30 tpd in 2009. Because of the effects of temperature on hydrocarbon liquid vapor pressures, peak summer emissions of VOC were 93 tpd in 2007, and summer emissions will increase to 146 tpd in 2009. Substantial HAP emissions during the summer were determined for the tanks, with 2007 emissions of 7.2 tpd and 2009 emissions of 11 tpd. Greenhouse gas emissions from the tanks are almost entirely from CH with a small contribution from CO Annual average greenhouse gas emissions were 95 tpd in 2007, and will increase to 149 tpd in 2009. Table 16. Emissions from Condensate and Oil Tanks. Table 16 -1. Annual Average Tank Emissions Table 16 -2. Peak Summer Tank Emissions 2007 2009 Pollutant (tpd) Pollutant (tpd) VOC HAPs CH4 CO2e VOC HAPs CH4 CO2e D -FW Metro Tanks 8.9 0.18 2.1 44 14 0.28 12 69 Outside Metro Tanks 10 0.21 2.4 51 16 0.32 3.8 80 Tanks Total 19 0.39 4.5 95 30 0.60 7.0 149 Table 16 -2. Peak Summer Tank Emissions 4.2 Fulritive and Intermittent Sources L Production Fugitives Emissions from fugitive sources at Barnett Shale production sites are shown in Table 17. Production fugitives are significant sources of VOC emissions, with VOC emissions expected to grow from 2007 to 2009 from 17 to 26 tpd. Production fugitives are also very large sources of methane emissions, leading to large CO equivalent greenhouse gas emissions. Greenhouse gas emissions were 3100 tpd in 2007 and will be 4900 tpd in 2009. Table 17. Emissions from Production Fugitives. 2007 2009 Pollutant (tpd) Pollutant (tpd) VOC HAPs CH4 CO2e VOC HAPs CH4 CO2e D -FW Metro Tanks 43 3.3 6.7 142 67 5.2 10 222 Outside Metro Tanks 50 3.8 7.8 166 79 6.0 12 261 Tanks Total 93 7.2 15 308 146 11 23 483 4.2 Fulritive and Intermittent Sources L Production Fugitives Emissions from fugitive sources at Barnett Shale production sites are shown in Table 17. Production fugitives are significant sources of VOC emissions, with VOC emissions expected to grow from 2007 to 2009 from 17 to 26 tpd. Production fugitives are also very large sources of methane emissions, leading to large CO equivalent greenhouse gas emissions. Greenhouse gas emissions were 3100 tpd in 2007 and will be 4900 tpd in 2009. Table 17. Emissions from Production Fugitives. 22 2007 2009 Pollutant (tpd) Pollutant (tpd) VOC HAPs 01-14 CO2e VOC HAPs CH4 CO2e D -FW Metro Production Fugitives 11 0.27 102 2147 18 0.43 160 3363 Outside Metro Production Fugitives 5.2 0.12 46 971 8.1 0.19 72 1521 Production Fugitives Total 17 0.40 148 3118 26 0.62 232 4884 22 ii. Well Drilling, Hydraulic Fracturing, and Well Completions Emissions from well drilling engines, hydraulic fracturing pump engines, and well completions are shown in Table 18. These activities are significant sources of the ozone and fine particulate precursors, as well as very large sources of greenhouse gases, mostly from methane venting during well completions. Greenhouse gas emissions are estimated to be greater than 4000 CO equivalent tons per year. Based on 2000 -2007 drilling trends, approximately 71% of the well drilling, fracing, and completion emissions will be corning from counties in the D -FW metropolitan area, with the remaining 29% coming from counties outside the metropolitan area. Table 18. Emissions from Well Drilling, Hydraulic Fracturing, and Well Completions. iii. Natural Gas Processing Processing of Barnett Shale natural gas results in significant emissions of VOC and greenhouse gases, which are summarized in Table 19. Emissions of VOC were 10 tpd in 2007 and are expected to increase to 15 tpd by 2009. Greenhouse gas emissions, largely resulting from fugitive releases of methane, were approximately 670 tpd in 2007.and will be approximately 1100 tpd in 2009. Table 19. Emissions from Natural Gas Processing. 2007 2007 2009 2009 2009 Pollutant (Ipd) Pollutant (Ipd) Pollutant (Ipd) Pollutant (tpd) Pollutant (tpd) Pollutant (tpd) CO2e NOx VOC HAPs CH4 002e Nox VOC HAPs CH4 CO2e D -FW Metro Well Drilling and Well 3.9 1s 0.35 130 2683 3.9 15 035 130 2883 Completion 3.0 0.07 10 210 4.7 0.12 16 329 Outside Metro Well Ad!! €ng and Well 1.6 6.1 0.14 53 1178 1.6 6.1 0.14 53 1178 Completions Well Drilling and Camp letions. 5.5 21 0.49 188 41381 5.5 21 0.49 183 4061 Emissions Total iii. Natural Gas Processing Processing of Barnett Shale natural gas results in significant emissions of VOC and greenhouse gases, which are summarized in Table 19. Emissions of VOC were 10 tpd in 2007 and are expected to increase to 15 tpd by 2009. Greenhouse gas emissions, largely resulting from fugitive releases of methane, were approximately 670 tpd in 2007.and will be approximately 1100 tpd in 2009. Table 19. Emissions from Natural Gas Processing. iv. Transmission Fugitives Transmission of Barnett Shale natural gas results in significant emissions of greenhouse gases and VOC. Greenhouse gas emissions from transmission fugitives are larger than from any other source category except compressor engine exhausts. Emissions of VOC in 2007 from transmission were approximately 18 tpd in 2007 and are estimated to be 28 tpd in 2009. Greenhouse gas emissions from methane fugitives result in emissions of approximately 5500 tpd in 2007 and 8600 tpd in 2009. Emissions are summarized in Table 20. Table 20. Emissions from Natural Gas Transmission Fugitives. 2007 2007 2009 2009 Pollutant (Ipd) Pollutant (Ipd) Pollutant (tpd) Pollutant (tpd) VOC HAPs CH4 CO2e VOC HAPs CH4 CO2e VOC HAPs CH4 Cate D -FW Metro Processing Fugitives 63 0.16 22 464 10 0.26 35 727 Outside Metro Processing Fugitive& 3.0 0.07 10 210 4.7 0.12 16 329 Processing Fugitives Total 1 10 0.24 32 674 16 0.37 s0 1056 iv. Transmission Fugitives Transmission of Barnett Shale natural gas results in significant emissions of greenhouse gases and VOC. Greenhouse gas emissions from transmission fugitives are larger than from any other source category except compressor engine exhausts. Emissions of VOC in 2007 from transmission were approximately 18 tpd in 2007 and are estimated to be 28 tpd in 2009. Greenhouse gas emissions from methane fugitives result in emissions of approximately 5500 tpd in 2007 and 8600 tpd in 2009. Emissions are summarized in Table 20. Table 20. Emissions from Natural Gas Transmission Fugitives. 23 2007 2009 Pollutant (Ipd) Pollutant (tpd) VOC HAPs CH4 CO2e VOC HAPs CH4 CO2e D -FW Metro Transmission Fugitives 12 0.29 181 3799 19 0,46 283 5952 Outside Metro Transmission Fugitives 5.5 0.13 82 1718 8.6 011 128 2691 Transmission Fugitives Total 18 6.43 262 5617 28 0.67 411 8643 23 43 All Sources Emission Summary Emissions from all source categories in the Barnett Shale area are summarized in Table 21 -1 on an annual average basis, and are summarized in Table 12 -2 on a.peak summer basis. Annual average emissions for 2009 of ozone and particulate precursors (NO. and VOC) were approximately 191 tpd, and peak summer emissions of these compounds were 307 tpd. The portion of those emissions originating froth the 5- counties in the D -FW metropolitan area with significant oil and gas production was 133 tpd during the summer (Tarrant, Denton, Parker, Johnson, and Ellis). .Estimates of greenhouse gas emissions from the sector as a whole were quite large, with 2009 ern.issions of approximately 33,000 tpd. The greenhouse gas contribution from compressor engines was dominated by carbon dioxide, while the greenhouse gas contribution from all other sources was dominated by methane. Emissions of HAPs Were significant from Barnett Shale activities, with emissions in 2009 of 6.4 tpd in 2009 on an annual average, and peak summer emissions of 17 tpd. 'fable 21. Emissions Summary for All Source Categories. Table 21 -1. Annual Average Emissions from All Sources. Table 21 -2, Peak Summer Emissions from All Sources. NOx 2007 Pollutant (tpd) VOC HAPs. CH4 CO2e N0x VOC 2008 Pollutant (tpd) HAPs CH4 CO2e Compressor Engine Exhausts 51 15 2.7 43 8910 46 19 3.6 61 13877 Condensate and Oil Tanks 0 19 0.39 4.5 95 0 30 0.60 7.0 149 Production Fugitives 0 17 0.40 148 3118 0 26 0.62 232 4884 Well Drilling and Completions 5.5 21 0.49 183 4061 5.5 21 0.49 183 4061 Gas Processing 0 10 0.24 32 674 0 15 0.37 50 1056 Transmission Fugitives 0 18 0.43 262 5517 0 28 0.67 411 8643 Total Daily Emissions (tpd) 1 56 100 4.6 673 22375 1 51 939 6.4 945 32670 Table 21 -2, Peak Summer Emissions from All Sources. Emissions of nitrogen oxides from oil and gas production in the Barnett Shale were dominated by emissions from compressor engines, with a smaller contribution from well drilling and fracing pump engines. All source categories in the Barnett. Shale contributed to VOC emissions, but the largest group of VOC sources was condensate tank vents. Figure 6 presents the combined emissions of NO, and VOC during the summer from all source categories in the Barnett Shale. 24 NOx VOC 2007 Pollutant (tpd) HAPs CH4 CO2e NOx VOC 2009 Pollutant (tpd) HAPs CH4 CO2e Compressor Engine Exhausts 51 15 2.7 43 8910 46 19 3.6 61 13877 Condensate and Oil Tanks 0 93 7.2 15 308 0 146 11 23 483 Production Fugitives 0 17 0.40 148 3118 0 26 0.62 232 4884 Well Drilling and Completions 5.5 21 0.49 183 4061 5.5 21 0.49 183 4061 Gas Processing 0 10 0.24 32 674 0 15 0.37 50 1056 Transmission Fugitives 0 18 0.43 262 5517 0 28 0.67 411 8643 Total Daily Emissions (tpd) 1 56 174 11 683 22588 51 255 17 961 33004 Emissions of nitrogen oxides from oil and gas production in the Barnett Shale were dominated by emissions from compressor engines, with a smaller contribution from well drilling and fracing pump engines. All source categories in the Barnett. Shale contributed to VOC emissions, but the largest group of VOC sources was condensate tank vents. Figure 6 presents the combined emissions of NO, and VOC during the summer from all source categories in the Barnett Shale. 24 Figure 6. Summer Emissions of Ozone & Fine Particulate Matter Precursors (NO, and VOC) from Barnett Shale Sources in 20..09. Transmission M Condensate and Gas Processing Fugitives = 28 tpd Oil Tanks = 746 tpd 75 tpd M Well [Drilling and M Compressor =. Production Fugi- Completions m 26 Engines = 65 tives = 26 tpd tpd 4.4 Perspective on the Scale of Barnett Shale Air Emissions Barnett Shale oil and gas production activities are significant sources of air ernissions in the north- central Texas area. To help put the levels of Barnett Shale emissions into context, recent government emissions inventories for the area were reviewed, and emission rates of smog precursor emissions were examined. The Dallas -Fort Worth area is home to two large airports, Dallas Dove Field and Dallas -Fort Worth International Airport, plus a number of smaller airports. A recent emissions inventory has estimated 2009 NO, emissions from all area airports to be approximately 14 tpd, with VOC emissions at approximately 2.6 tpd, resulting in total ozone and particulate matter precursor emissions of approximately 16 tpd. (22 -14t For comparison, emissions of VOC +NO, in summer 2009 from just the compressor engines in the Barnett Shale area will be approximately 65 tpd, and summer condensate tanks emissions will be approximately 146 tpd. In 2009, even after regulatory efforts to reduce NO, emissions from certain compressor engine types, Barnett Shale oil and gas emissions will be many times the airports' emissions. Recent state inventories have also compiled emissions from on -road mobile sources like cars, trucks, etc., in the 9- county D -FW metropolitan area. " By 2009, NO,, + VOC emissions from mobile sources in the 9 -county area were estimated by the TCEQ to be approximately 273 tpd. The portion of on -road motor vehicle emissions from the 5- counties in the D -FW metropolitan area with significant oil and gas production was 121 tpd (Denton, Tarrant, Parker, Johnson, and Ellis). As indicated earlier, summer oil and gas emissions in the 5- counties of the D -FW metropolitan area with significant oil and gas production was estimated to be 165 tpd, indicating that the oil and gas sector likely has greater emissions than motor vehicles in these counties (165 vs. 121 tpd). Emissions of NO, and VOC in the summer of 2009 from all oil and gas sources in the Barnett Shale 21- county area will exceed emissions from on -road mobile sources in the D--FW metropolitan area by more than 30 tpd (307 vs. 273 tpd). 40 Figure 7 summarizes summer Barnett Shale - related emissions, plus TCEQ emission estimates from the airports and on -road mobile sources. Figure 8 presents annual average emissions from these sources. 26 Figure 7. Barnett Shale Activity, D-F Area Airports, & .Mobile Sources (Summer 2009 Emissions). Figure 8. Barnett Shale Activity, D -FW Area Airports, & Mobile Sources (Annual Average 2009 Emissions). 27 5.0 EMISSIONS REDUCTION OPPORTUNITIES The previous sections of this report have estimated the emission rates of ozone and particulate matter precursor compounds, air toxic compounds, and greenhouse gases from different oil and .gas sources in the Barnett Shale area. For several of these source categories, off - the -shelf options are available which could significantly reduce emissions, resulting in important air quality benefits. Some of these emissions reductions would also result in increased production of natural gas and condensate, providing all economic payback for efforts to reduce emissions. 5.1 Compressor Engine Exhausts Compressors in oil and gas service in the Barnett Shale perform vital roles, to either help get oil and gas out of the shale, to increase pressures of gas at the surface, and to provide the power for the large interstate pipeline systems that move high volumes of gas from production to processing and to customers. At present, most of the work to operate the compressors comes from natural gas -fired internal combustion engines, and these engines can be significant sources of emissions. New TCEQ rules are scheduled to become effective in early 2009 and they will reduce NO,, VOC, and other emissions from a subset of the engines in the Barnett Shale — .those that are currently in the D -FW metropolitan area that had typically not reported into the Texas point source emissions inventory for major sources. These rules are a good first step in addressing emissions from these sources, which had previously gone unnoticed in state erission inventory and regulatory efforts. However, engines outside the D -FW metropolitan area are not subject to the rule. And even within the metropolitan area, the rule will not have the effect of greatly reducing emissions in compared to 2007 levels, since growth in oil and gas production (and the new engines that are going to be required to power the growth) will begin to overtake the benefits that come from reducing emissions from the pre - 2009 fleet (see Table 14). Two available options for reducing emissions from engines in the Barnett Shale area are: (1) extending the TCEQ 2009 engine regulation to all engines in the Barnett Shale, and (2) replacing internal combustion engines with electric motors as the sources of compression power. i. Extending the 2009 Engine Rule to Counties Outside the D -FIST Metropolitan Area Regulations adopted by TCEQ for the D -1~ W metropolitan area and scheduled to take effect in early 2009 will limit NO, emissions from engines larger than 50 horsepower. Rich burn engines will be restricted to 0.5 g/hp -hr, lean burn engines installed or moved before June 2007 will be restricted to 0.7 g /hp-hr, and lean burn engines installed or moved after June 2007 will be limited to 0.5 g /hp -hr. Applying these rules to engines outside the metropolitan area would reduce 2009 NO, emissions from a large number of engines, in particular, rich burn engines between 50 to 500 hp. Emissions of NO,, in 2009 from the engines outside the metropolitan area would drop by approximately 6.5 tpd by extending the D -FW engine rule, an amount greater than mobile source emissions in all of Johnson County (4 tpd), or more than 50% of the emissions from Dallas-Fort Worth International Airport (12.6 tpd). Extending the D -FW engine rule to counties outside the metropolitan area would likely result in many engine operators installing NSCR systems on rich burn engine exhausts. These systems would not only reduce emissions of NO, but they would also be expected to reduce emissions of VOC, the other ozone and particulate matter precursor, by approximately 75% or greater. (2 "" ) Additional co- benefits of NSCR installations would include lower emissions of organic HAP compounds like benzene and formaldehyde, lower emissions of methane, and lower emissions of carbon monoxide. The level of HAP, methane, and 28 carbon monoxide control would also be expected to be 75% or greater with typical NSCR installations. (26a) Analyses of NSCR installations and operating costs by numerous agencies have indicated that the technology is very cost effective. For example, the Illinois Environmental Protection Agency estimated in 2007 that NSCR could control NO, frorn 500 lip engines at approximately $330 /ton. The U.S. EPA in 2006 estimated that NSCR could control NO, from 500 hp engines at approximately $92 to 105 /ton. A 2005 report examining emissions reductions from compressor engines in northeast Texas estimated NO, cost effectiveness for NSCR at $112-183/ton and identified VOC reductions as an important co- benetit. These costs are well under the cost effectiveness values of $10,000 to $20,000 per ton often used as upper limits in PM 2.5: ozone, and regional haze (visibility) regulatory programs. The simultaneous HAPs and methane removal that would occur with NSCR use provide further justification for extending the D -FW engine rule to counties outside the metropolitan area. ii. Electric Motors Instead of Combustion Engines for Compressor Power When considering NO,,, VOC, HAPs, and greenhouse gas emissions from compressor engines, it is important to understand that the work to move the gas in the pipelines is performed by the compressors, which by thernselves produce no direct combustion emissions. The emissions come from the exhaust of . the internal combustion engines, which are fueled with a small amount of the available natural gas. These engines provide the mechanical power to run the compressors. The 2007 TCEQ engine survey and the most recent point source emissions inventory indicate that installed compressor engine capacity throughout the Barnett Shale was approximately 1,400,000 lip in 2007, and capacity is likely to increase to over 2,100,000 lip by 2009. As an alternative to operating the compressors in the Barnett Shale with millions of hp of natural gas burning- engines, the compressors could be operated with electrically- driven motors. The electrification of the wellhead and compressor station engine fleet in the Barnett Shale area has the potential to deliver significant reductions in emissions in North Central Texas. The use of electric motors instead of internal combustion engines to drive natural gas compressors is not new to the natural gas industry, and numerous compressors driven by electric motors are operational throughout Texas. Unfortunately, current regulations have not yet required their use in the Barnett Shale. A few of the many examples of electrically - driven natural gas compressors, positive technical assessments, and industrial experience with their use in Texas and throughout the U.S., include: ® The .Interstate Natural Gas Association of America: "One advantage of electric motors is they need no air emission permit since no hydrocarbons are burned as fuel. However, a highly reliable source of electric power must be available, and near the station, for such units to be considered for an application." (29) ® The Williams natural gas company: "The gas turbine and reciprocating engines typically use natural gas from the pipeline, where the electric motor uses power from an electric transmission line. Selection of this piece of equipment is based on air quality, available power, and the type of compressor selected. Typically electric motors are used when air quality is an issue." (30) JARSCO Engineering Corp.: "The gas transmission industry needs to upgrade equipment for more capacity. The new High -speed electric motor technology provides means for upgrading, at a fraction of the life cycle costs of conventional gas powered equipment. " ( 3r t o Pipeline and Gas Journal, June 2007: "Important factors in favor of electric- driven compressor stations that should be considered in the feasibility analysis include the fact that the fuel gas for 29 gas turbine compressor stations will be transformed into capacity increase for the electrically - driven compressor station, and will therefore add revenue to this alternative..," (32) • Prime mover example: Installations in 2007 at Kinder Morgan stations in Colorado of x-10,000 hp electric- driven Compressor units. (33) • Wellhead example: installations in Texas of wellhead capacity (5 to 400 hp) electrically - driven compressors. (33,35) ® Mechanical Engineering Magazine, December 1995: "Gas pipeline companies historically have used gas - fired internal- combustion engines and gas turbines to drive their compressors. However, this equipment emits nitrogen oxides.... According to the Electric Power Research Institute, it is more efficient to send natural gas to a combined -cycle power plant to generate electricity transmitted back to the pipeline compressor station than to burn the natural gas directly in gas - fired compressor engines. 1(36) The Dresser -Rand Corporation: "New DATUM -C electric motor - driven compressor provides quiet, emissions free solution for natural gas pipeline applications — An idea whose time had come." (37) g Occidental Oil and Gas Corporation: "Converting Gas -Fired Wellhead IC Engines to Electric Motor Drives: Savings $23,400 /yrlunit." (3 The use of an electric motor instead of a gas -fired engine to drive gas compression eliminates combustion emissions from the wellhead or compressor station. Electric motors do require electricity from the grid, and in so far as electricity produced by power plants that emits pollutants, the use of electric motors is not completely emissions free. However, electric motor use does have important environmental benefits compared to using gas -fired engines. Modern gas -fired internal - combustion engines have mechanical efficiencies in the 30 -35% range, values that have been relatively static for decades. It is doubtful that dramatic increases in efficiency (for example, to 80 or 90 %) are possible anytime in the near future. This means that carbon dioxide emissions from natural gas -fired engines at wellheads and compressor stations are not likely to drop substantially because of efficiency improvements. In addition, the scrubbing technology that is used in some large industrial applications to separate CO from other gases also is unlikely to find rapid rollout to the thousands of comparatively - smaller exhaust stacks at natural gas wellheads and compressor stations. The two facts combined suggest that the greenhouse gas impacts from using internal combustion engines to drive compressors are likely to be a fixed function of compression demand, with little opportunity for large future improvements. In contrast, the generators of grid electric power are under increasing pressure to lower greenhouse gas emissions. Wind energy production is increasing in Texas and other areas. Solar and nuclear power projects are receiving renewed interest from investors and regulators. As the electricity in the grid is produced by sources with lower carbon dioxide emissions, so then the use of electric motors to drive natural gas pipelines becomes more and more climate friendly. Stated another way, carbon dioxide emissions from gas -fired engines are unlikely to undergo rapid decreases in coming years, whereas the electricity for operating electric motors is at a likely carbon - maximum right now. Electric- powered compression has a long -term potential for decreased climate impact, as non - fossil fuel alternatives for grid electricity generation expand in the future. Costs. Estimates were made of the costs were switching from IC engines to electric motors for compression. Costs at sites in the Barnett Shale are highly time and site specific, depending on the cost of electricity and the value of natural gas, the numbers of hours of operation per year, the number and sizes of compressors operated, and other factors. For this report, sample values were determined for capital, operating and maintenance, and operating costs of 500 hp of either IC engine capacity or electric motor capacity for a gas compressor to operate for 8000 hours per year at a 0.55 load factor. Electric power costs were based on $8 /month /kW demand charge, $0.08 /kWh electricity cost, and 95% motor mechanical efficiency. Natural gas fuel costs were based on $7.25 /MMBtu wellhead natural gas price and a BSFC of 0.0085 MMBtullip -hr. With these inputs, the wellhead value of the natural gas needed to operate a 500 hp compressor with an IC engine for I year is approximately $136,000. This is lower than the costs for electricity to run a comparable electric motor, which would be approximately $174,000. In addition to these energy costs, it is important to also consider operating and maintenance (O &M) and capital costs. With an IC engine O &M cost factor $0.016 /hp in 2009 dollars, O &M costs would be approximately $35,000. With an electric motor O &M cost factor of $0.0036 /kWh in 2009 dollars, O &M costs would be approximately $6200, providing a savings of nearly $30,000 per year in O &M costs for electrical compression, nearly enough to compensate for the additional energy cost incurred from the additional price premium on. electricity in Texas compared to natural gas. With an IC engine capital cost factor of $7501hp in 2009 dollars, the cost of 500 hp compressor engine would be approximately $370,000. With an electric motor cost factor of $700AW, the cost of 500 hp of electrically - powered compression would be approximately $260,000. The combined energy (electricity or natural gas), O &M, and capital costs for the two options are shown in Table 22, assuming a straight 5 -year amortization of capital costs. The data show that there is little cost difference in this example, with a slight cost benefit of around $12,000 /year for generating the compression power with an electric motor instead of an IC engine. While this estimate would vary from site to site within the Barnett Shale, there appears to be cost savings, driven mostly by reduced initial capital cost, in favor of electrical compression in the Barnett Shale. In addition to the potential cost savings of electrical compression over engine compression, the lack of an overwhelming economic driver one way or the other allows the environmental benefits of electric rnotors over combustion engines to be the deciding factor on how to provide compression power in the area. Table 22. Costs of IC Engine and Electric Motor Compression lexample of Sop hp installed capacity]. 31 IC Engine Elect ric Motor ($ /year) 2lyear) energy (NG or elect (city) 136,000 174,000 O &M 35,000 6,200 capital 74,000 52,000 Total 245,000 232,000 31 5.2 Oil and Condensate Tanks Oil and condensate tanks in the Barnett Shale are significant sources of multiple air pollutants, especially VOC, HAPs, and methane. Multiple options exist for reducing emissions from oil and condensate tanks, including options that can result in increased production and revenue for well operators. (14) This section will discuss two of these options: flares and vapor recovery units. i. Vapor Recovery Units Vapor recovery units (VRU) can be highly effective systems for capturing and separating vapors and gases produced by oil and condensate tanks. Gases and vapors from the tanks are directed to the inlet side of a compressor, which increases the pressure of the mixture to the point that many of the moderate and higher molecular weight compounds recondense back into liquid form. The methane and other.light gases are directed to the inlet (suction) side of the well site production compressors to join the main flow of natural gas being produced at the well. In this way, VRU use increases the total production of gas at the well, leading to an increase in gas available for metering and revenue production. In addition, liquids produced by the VRU are directed back into the liquid phase in the condensate tank, increasing condensate production and the income potential from this revenue stream. Vapor recovery units are estimated to have control efficiencies of greater than 98 %. t14 l The gases and vapors emitted by oil and condensate tanks are significant sources of air pollutants, and the escape of.these compounds into the atmosphere also reduces income from hydrocarbon production. With a wellhead value of approximately $7 /MMBtu, the 7 tpd of methane that is estimated to be emitted in 2009 from condensate tanks in the Barnett Shale have a value of over $800,000 per year. Even more significantly, a price of condensate at $100 /bbl makes the 30 tpd of VOC emissions in 2009 from the tanks in the Barnett Shale potentially worth over $10 million per year. While flaring emissions from tanks in the Barnett Shale would provide substantial environmental benefits, especially in terms of VOC and methane emissions, capturing these hydrocarbons and directing them into the natural gas and condensate distribution systerns would provide both an environmental benefit and a very large potential revenue stream to oil and gas producers. ii. Enclosed Flares Enclosed flares are common pollution control and flarnrnable gas destruction devices. Enclosed flares get their name because the flame used to ignite the gases is generated by burner tips installed within the stack well below the top. The flarnes from enclosed flares are usually not visible from the outside, except during upset conditions, making them less objectionable to the surrounding community compared to open (unenclosed) flares. Using a flare to control emissions from tanks involves connecting the vents of a tank or tank battery to the bottom of the flare stack. The vapors from oil and condensate tanks are sent to the flare, and air is also added to provide oxygen for combustion. The vapors and air are ignited by natural gas pilot flames, and much of the HAP, VOC, and methane content of the tank vapors can be destroyed. The destruction efficiency for flares can vary greatly depending on residence time, temperature profile, mixing, and other factors. Properly designed and operated flares have been reported to achieve 98% destruction efficiencies. Applying 98% destruction efficiency to the Barnett Shale oil and condensate tanks emissions estimates shown in Table 16 results in potential emission reductions of 30 tpd of VOC, 0.6 tpd of HAPs, and 7 tpd of methane. These reductions are substantial and would provide large benefits to the ozone and PM precursor, HAPs, and greenhouse gas ermission inventory of the Barnett Shale area. The use of flares, 32 however, also has several drawbacks. One of these is that tank vapor flares need a continuous supply of pilot light natural gas, and reports have estimated pilot light gas consumption at around 20 scfli/flare. Table 23 presents a summary of the results of an economic analysis performed in 2006 by URS Corporation for using flares or vapor recovery units to control emissions from a tank battery in Texas. { ' 4 t Capital costs were estimated by URS with a 5 -year straightline amortization of capital. Flow from the tank battery was 25Mscf /day and VOC emissions were approximately 211 tpy. Costs were in 2006 dollars. Table 23. Economics of Flares and Vapor Recovery Units. 'Vfiu produces posRMe revenue, resulting in zero cost for VOC control, after accounting fervalue of recovered products. The URS analysis indicated that flares were able to cost effectively reduce VOC emissions at $40 /ton, while VRU units produced no real costs and quickly generated additional revenue from the products recovered by VRU operation. There was a less -than 1 year payback on the use of a VRU system, followed by years of the pollution control device becoming steady revenue source. 53 Well Completions Procedures have been developed to reduce emissions of natural gas during well completions. These procedures are known by a variety of terms, including "the green flowback process" and "green completions." ('19.40) To reduce emissions, the gases and liquids brought to the surface during the completion process are collected, filtered, and then placed into production pipelines and tanks, instead of being dumped, vented, or flared. The gas cleanup during a "green" completion is done with special temporary equipment at the well site, and after a period of time (days) the gas and liquids being produced at the well are directed to the permanent separators, tanks, and piping and meters that are installed at the well site. Green completion methods are not complex technology and can be very cost effective in the Barnett Shale. The infrastructure is well - established and gathering line placement for the initial collection of gas is not a substantial risk since wells are successfully drilled with a very low failure rate. Emissions during well completions depend on numerous site - specific factors, including the pressure of the fluids brought to the surface, the effectiveness of on -site gas capturing equipment, the control efficiency of any flaring that is done, the chemical composition of the gas and hydrocarbon liquids at the drill site, and the duration of drilling and completion work before the start of regular production. Some recent reports of the effectiveness of green completions in the U.S. are available, including one by the U.S. EPA which estimated 70% capture of formerly released gases with green completions, and another report by Williams Corporation which found that 61 % to 98% of gases formerly released during well completions were captured with green completions (40'4') Barnett Shale producer Devon Energy is using green completions on its wells, and they reported $20 million in profits from natural gas and condensate recovered by green completed wells in a 3 year period. If green completion procedures can capture 61 % to 98% of the gases formerly released during well completions, the process would be a more environmentally friendly alternative to flaring of the gases, since flaring destroys a valuable commodity and prevents Its beneficial use. Green completions would also certainly be more beneficial than venting of the gases, since this can release very large quantities of 33 Annual Installed VOC Destruction Cost Total installed Operating Cost Operating Cost Value Recovered Effectiveness ($ /ton Control O lion Capital Cost $ $! r $! r $/ r VOC Enclosed Flare 40,000 8000 900 NA 40 VRU. 60,000 12000 11,400 91,300 $320)` 'Vfiu produces posRMe revenue, resulting in zero cost for VOC control, after accounting fervalue of recovered products. The URS analysis indicated that flares were able to cost effectively reduce VOC emissions at $40 /ton, while VRU units produced no real costs and quickly generated additional revenue from the products recovered by VRU operation. There was a less -than 1 year payback on the use of a VRU system, followed by years of the pollution control device becoming steady revenue source. 53 Well Completions Procedures have been developed to reduce emissions of natural gas during well completions. These procedures are known by a variety of terms, including "the green flowback process" and "green completions." ('19.40) To reduce emissions, the gases and liquids brought to the surface during the completion process are collected, filtered, and then placed into production pipelines and tanks, instead of being dumped, vented, or flared. The gas cleanup during a "green" completion is done with special temporary equipment at the well site, and after a period of time (days) the gas and liquids being produced at the well are directed to the permanent separators, tanks, and piping and meters that are installed at the well site. Green completion methods are not complex technology and can be very cost effective in the Barnett Shale. The infrastructure is well - established and gathering line placement for the initial collection of gas is not a substantial risk since wells are successfully drilled with a very low failure rate. Emissions during well completions depend on numerous site - specific factors, including the pressure of the fluids brought to the surface, the effectiveness of on -site gas capturing equipment, the control efficiency of any flaring that is done, the chemical composition of the gas and hydrocarbon liquids at the drill site, and the duration of drilling and completion work before the start of regular production. Some recent reports of the effectiveness of green completions in the U.S. are available, including one by the U.S. EPA which estimated 70% capture of formerly released gases with green completions, and another report by Williams Corporation which found that 61 % to 98% of gases formerly released during well completions were captured with green completions (40'4') Barnett Shale producer Devon Energy is using green completions on its wells, and they reported $20 million in profits from natural gas and condensate recovered by green completed wells in a 3 year period. If green completion procedures can capture 61 % to 98% of the gases formerly released during well completions, the process would be a more environmentally friendly alternative to flaring of the gases, since flaring destroys a valuable commodity and prevents Its beneficial use. Green completions would also certainly be more beneficial than venting of the gases, since this can release very large quantities of 33 methane and VOCs to the atmosphere. Another factor in favor of capturing instead of flaring is that flaring can produce carbon dioxide (a greenhouse gas), carbon monoxide, polycyclic aromatic hydrocarbons, and particulate matter (soot) emissions. 5.41~uaitive Emissions from Production Wells, Gas Processing, and Transmission Fugitive emissions from the production wells, gas processing plants, gas compressors, and transmission lines in the Barnett Shale can be minimized with aggressive efforts at leak detection and repair. Unlike controlling emissions from comparatively smaller numbers of engines or tanks (numbering in the hundreds or low thousands per county), fugitive emissions can originate from tens of thousands of valves, flanges, pump seals, and numerous other leak points. While no single valve or flange is likely to emit as much pollution as a condensate tank or engine exhaust stack, the cumulative mass of all these fugitives can be substantial. 'There are readily- available measures that can reduce fugitive emissions. i. Enhanced Leak Detection and Repair Program The federal government has established New Source Performance Standards for natural gas processing plants a.k.a. NSPS Subpart KKK . ( 43) These standards require regularly scheduled leak detection, and if needed, repair activities for items such as pumps, compressors, pressure - relief valves, open -ended lines, vapor recovery systems, and flares. The NSPS applies to plants constructed or modified.after January 20, 1984. The procedures and standards in the processing plant NSPS are generally based on the standards developed for the synthetic organic manufacturing chemicals industry. (44) Fugitive emissions from oil and gas wells, separators, tanks, and metering stations are not covered by the processing plant NSPS. Nonetheless, the leak detection and repair protocols established in the NSPS could certainly be used to identify fugitive emissions from these other items. Leak detection at processing plants covered by the NSPS is performed using handheld organic vapor meters (OVMs), and inspections are required to be done on a specified schedule. These same procedures could be used at every point along the oil and gas system in the Barnett Shale to identify and reduce emissions of VOCs and methane. Doing so would reduce emissions, and by doing so, increase production and revenue to producers. It is difficult to estimate the exact degree of emission reductions that are possible with fugitive emission reduction programs. The large and varied nature of fugitive emission points (valves, fittings, etc.) at production wells, processing plants, and transmission lines means that each oil and gas related facility in the Barnett Shale will have different options for reducing fugitive emissions. In general, leak detection and repair programs can help identify faulty units and greatly reduce their emissions. ii. Eliminating Natural Gas - Actuated Pneumatic Devices The State of Colorado is currently adopting and implementing VOC control strategies to reduce ambient levels of ozone in the Denver metropolitan area and to protect the numerous national parks and wilderness areas in the state. As pant of this effort, the state investigated the air quality impacts of oil and gas development, including the impacts of the pneumatically - controlled valves and other devices that are found throughout gas production, processing, and transmission systems. The State of Colorado confirmed the basic conclusions arrived at earlier by EPA and GRI in 1995, that these pneumatic devices can be substantial sources of CH VOC, and HAP emissions, (41.16) Much of the following information on these devices and the strategies to control emissions is based on a review of the recent work in Colorado. Valves and similar devices are used throughout the oil and gas production, processing, and transmission systerns to regulate temperature, pressure, flow, and other process parameters. These devices call be operated mechanically, pneumatically, or electrically. Many of the devices used in the natural gas sector 34 are pneumatically operated. Instrument air (i.e. compressed regular air) is used to power pneumatic devices at many gas processing facilities, but most of the pneumatic devices at production wells and along transmission systems are powered by natural gas. (46) Other uses of pneumatic devices are for shutoff valves, for small pumps, and with compressor engine starters. As part of normal operation, most pneumatic devices release or "bleed "gas to the atmosphere. The release can be either continuously or intermittently, depending on the kind of device. In 2003 U.S. EPA estimated that emissions from the pneumatic devices found throughout the production, processing, and transmission systems were collectively one of the largest sources of methane emissions in the natural gas industry. Some U.S. natural gas producers have reduced natural gas emissions significantly by replacing or retrofitting "high- bleed " devices. High -bleed pneumatic devices emit at least 6 standard cubic feet gas per hour, (46) Actual field experience is demonstrating that up to 80 percent of all high -bleed devices in natural gas systems can be replaced or retrofitted with low -bleed equipment. The replacement of high -bleed pneumatic devices with low -bleed or no -bleed devices can reduce natural gas emissions to atmosphere by approximately 88 or 98 percent, respectively. (21, 47) Anadarko Petroleum Corporation estimated that VOC emissions from their pneumatic devices will be reduced by 464 tpy once 548 of their pneumatic controllers are retrofitted in Colorado. (46) It may not be possible, however, to replace all high -bleed devices with low or no bleed alternatives. In the state of Colorado, it was estimates that perhaps up to 20 percent of high -bleed devices could not be retrofitted or replaced with low -bleed devices. Some of these included very large devices requiring fast and /or precise responses to process changes which could not yet be achieved with low -bleed devices. But even for these devices that appear to require high -bleed operation, alternatives are available. Natural gas emissions from both high bleed and low bleed devices can be reduced by routing pneumatic discharge ports into a fuel gas supply line or into a closed loop controlled system. Another alternative is replacing the natural gas as the pneumatic pressure fluid with pressurized air. Instrument pressurized air systems are sometimes installed at facilities that have a high concentration of pneumatic devices, full -time operator presence, and are on a power grid. In an instrument pressurized air system, atmospheric air is compressed, stored in a volurne tank, filtered, and dried. The advantage of a pressurized air system for operating pneumatic devices is that operation is the same whether they air or natural gas is used. Existing pneumatic gas supply piping, control instruments, and valve actuators can be reused when converting from natural gas to compressed air. The U.S. EPA runs a voluntary program, EPA Natural Gas STAR, for companies adopting strategies to reduce their methane emissions. Experience from companies participating in the program indicates that strategies to reduce emissions from pneumatic devices are highly cost effective, and many even pay for themselves in a matter of rnonths. EPA reports that one company replaced 70 high -bleed pneumatic devices with low -bleed devices and retrofitted 330 high -bleed devices, which resulted in an emission reduction of 1,405 thousand cubic meters per year. At $105 1m this resulted in a savings of $148,800 per year. The cost, including materials and labor for the retrofit and replacement, was $118,500, and therefore, the payback period was less than one year. Early replacement (replacing prior to projected end - of- service -life) of a high -bleed valve with a low -bleed valve is estimated to cost $1,350. Based on $3 /m gas, the payback was estimated to take 21 months. For new installations or end of service life replacement, the incremental cost difference of high -bleed devices versus low -bleed devices was $150 to $250. Based on $3 per Mcf gas, the payback was estimated to take 5 to 12 months. (46) Overall, cost - effective strategies are available for reducing emissions and enhance gas collection from pneumatic devices in Barnett Shale area operations. These strategies include: 35 • Installing low- or no-bleed pneumatic devices at all new facilities and along all new transmission lines; • Retrofitting or replacing existing high - bleed pneumatic devices with low- or no -bleed pneumatic devices; • Ensuring that all natural gas actuated devices discharge into sales lines or closed loops, instead of venting to the atmosphere; • Using pressurized instrument air as the pneumatic fluid instead of natural gas. ut 6.0 CONCLUSIONS Oil and gas production in the Barnett Shale region of Texas has increased rapidly over the last I0 years. The great financial benefits and natural resource production that comes from the Barnett Shale brings with it a responsibility to minimize local, regional, and global air quality impacts. This report examined emissions of smog forming compounds, air toxic compounds, and greenhouse gases from oil and gas activity in the Barnett Shale area, and identified methods for reducing emissions. Emissions of ozone and fine particle smog forming compounds (NOx and VOC) will be approximately 191 tons per day on an annual average basis in 2009. During the summer, VOC emissions will increase, raising the NOx + VOC total to 307 tpd, greater than the combined emissions from the major airports and on -road motor vehicles in the D -FW metropolitan area. Emissions in 2009 of air toxic compounds from Barnett Shale activities will be approximately 6 tpd on an annual average, with peak summer emissions of 17 tpd. Emissions of greenhouse gases like carbon dioxide and methane will be approximately 33,000 CO equivalent tons per day. This is roughly comparable to the greenhouse gas emissions expected from two 750 MW coal -fired power plants. Cost effective emission control methods are available with the potential to significantly reduce emissions from many of the sources in the Barnett Shale area, including • the use of "green completions" to capture methane and VOC compounds during well completions, • phasing in of electric motors as an alternative to internal-combustion engines to drive gas compressors, • the control of VOC emissions from condensate tanks with vapor recovery units, and • replacement of high -bleed pneumatic valves and fittings on the pipeline networks with no-bleed alternatives. Large reductions in greenhouse gas emissions could be achieved through the use of green completion methods on all well completions, with the potential to eliminate almost 200 tpd of methane emissions while increasing revenue for producers by recovering saleable gas. In addition, the replacement of internal combustion engines with electric motors for compression power could reduce smog- forming emissions in the D -FW metropolitan area by 65 tpd. Significant emission reductions could also be achieved with the use of vapor recovery units on oil and condensate tanks, which could eliminate large amounts of VOC emissions. Vapor recovery units on condensate tanks would pay for themselves in a matter of months by generating additional revenue to producers from the gas and condensate that would be captured instead of released to the atmosphere. Fugitive emissions of methane, VOC, and HAPs could be reduced with a program to replace natural gas actuated pneumatic valves with units actuated with compressed air. For those devices in locations where compressed air is impractical to implement, connection of the bleed vents of the devices to sales lines also could greatly reduce emissions. There are significant opportunities available to improve local and regional air quality and reduce greenhouse gas emissions by applying readily available methods to oil and gas production activities in the Barnett Shale. 37 7.0 REFERENCES I . Railroad Commission of Texas, "Barnett Shale Information --- Updated July 30, 2008." on - line document: :! /NV state. tx .us.'barncttsltale;index.htntt 2. Railroad Commission of Texas, "Newark, East (Barnett Shale) Field -•- Map -- April 17, 2008." RRC Geographic Information Systems, Austin, Texas. on -line database: li ti�c�ex.htn�rl 3. U.S. Environmental Protection Agency and the Gas Research Institute, "Methane Emissions from the Natural Gas Industry." EPA/600 /SR- 96/080, GRI- 94/0257. ,tune 1996. on -line document: and lIttn: D' ww.p2p ays.or 2fre P /o5 C07 `06348.pd f 4. U.S. Environmental Protection Agency, "Greenhouse Gases and Global Warming Potential Values -- Excerpt from the Inventory of U.S. Greenhouse Emissions and Sinks: 1990- 2000." April 2002. on -line document: htt alwtvw.e a. ov,clinatechatt �eiemissions.�do4vnloadsf h w �. df 5. Railroad Commission of Texas, "Oil and Gas Production Data Query." on -line: database: htt 3 : / /weba 3 s. rre ,state.tx.trs,1'D 6. Personal communication: TCEQ to SMU, summary of results of 2007 Barnett Shale /D -FW compressor engine survey, August 1, 2008. 7. Texas Commission on Environmental Quality, "Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution — Dallas -Fort Worth Eight -Hour Ozone Nonattainment Area Attainment Demonstration." Project No. 2006 - 013 - SIP - NR. May 23, 2007. on - line document: htt :/ www.toc .state.tx.tislassetS; ttblic!im lententatiorL/<iir.'si /D -FW D- 1?W ad sit) 2007/20 0 60 1 3SIPNR ado Intro 052407. df 8. Personal communication: TCEQ to SMU, compressor engine emission factors, August 6, 2008. 9. U.S. Environmental Protection Agency, "Natural Gas -fired Reciprocating Engines." AP -42, Fifth Edition, Volume I. July 2000. on - line document: http:! w�v4v.etaa. Gov. fttnlchief `ap42ich03.!.i.udex.html 1.0. American Petroleum Institute, "Compendium of Greenhouse Gas Emissions Methodologies for the Oil and Gas Industry." February 2004. on - line document: htt :; /�v�vw.a �i.or }'ehs!climatelne�i `u I.oac {I?00�1. COMI'IJI�DIUM. �df 11. ENVIRON International Corporation, "A Pilot Project to Assess the Effectiveness of an Emission Control System for Gas Compressor Engines in Northeast Texas — Final Report." November 4, 2005. on -line document: litt : / ;w\vw.e a. gos•foarlozo €te ) ollutiott / SIPToolk.it /docuttlentslNETAC Compressor Retrofit Final Re ort i 10405.1)df 12, Texas Commission on Environmental Quality, "Point Source Emissions Inventory — 2006 Report." on -line document: http :f,w-�vw.tcet}.statc.tx.us m) mtzl etrtetatatioty ,iir 38 13. Eastern Research Group, "Natural Gas Compressor Engine Survey for Gas Production and Processing Facilities — H68 Final Report." a report prepared for the Houston Advanced Research Center. October 5, 2006, on -line document: http :'lfilesharc.edu-Proiects /Air ualit .il"roiects 1 H0681'inaIRepp 14. Hendler A., Nunn J., Lundeen J., McKaskle R. "VOC Emissions from Oil and Condensate Storage Tanks -- Final Report," a report prepared for the Houston Advanced Research Center, October 31, 2006. on -line document: htt :, ;`files.hare.e(lu,-'ro'ectsiAir unlit , iPi•o'ects1H05IC:IlO51Cl'inalRe orb t.pcif 15. Personal communication with Barnett Shale gas producer — condensate tank emissions modeling results, 2008. 16, George D.L. "Preparation of Natural Gas Blends Used as Calibration Standards: Sources of Uncertainty and Best Preparation Practices -- Final Report." Southwest Research Institute, San Antonio, Texas. April 2003° online document: liitp: % www.inms. goy; itai , proiectsi27$•`calGasAecuraey tinal.?d 17. ENVIRON International Corporation, "Ozone Precursor Emission Inventory for San Juan and Rio Arriba Counties, New Mexico -- Final Report." a report prepared for New Mexico Environment. Department. August 31, 2006. on -line document: bttp:// www. n. meny .state.nm.usiaq bifp_oiecttfSrt�� loan OzonelN Y1 Area�l;missians ref�c3 Y pc f 18. The Williams Companies, "Reducing Methane Emissions During Completion Operations." Williams Production RMT — Piceance Basin Operations. 2007 Natural Gas Star - Production Technology Transfer Workshop. September 11, 2007. online document: htt :Ifs °wr.e a. eoti ;gasstaridocriinents: +orksho si lenwood- 2007104 1ecs. df 19. U.S. Environmental Protection Agency, "Green Completions." PRO Fact Sheet No. 703. EPA Natural Gas Star, Partner Reported Opportunities for Reducing Methane Emissions. September 2004. on -line document: http:,'ttvww.epa goviL /docutiients gi 20. ENVIRON International Corporation, ' "'An Emission Inventory of Nonpoint Oil and Gas Emissions Sources in the Western Region," 15' Annual Emissions Inventory Conference, New Orleans, LA. May 2006. on -line document: 5 isessionl2hussell.pdf 21. Fernandez R. et al, "Cost- Effective Methane Emissions Reductions for Small and Midsize Natural Gas Producers." Journal of Petroleum Technology, June 2005. on -line document: w� . icfi .comitilarkutsfEnvironment`doe files %nIetliane- einissiotis. )df 22. Texas Commission on Environmental Quality, "Dallas -Fort Worth Eight Hour Ozone State Implementation Plan, Supplemental Information," letter from Susana M. Hildebrand to Thomas Diggs, April 23, 2008. on -line document: httn:;i vww,tcec�. state. tx. us: assetsioublic1imul enlentaYioniair 'sit7il�- li'1'��1TC1 U Response.vdf 23, Love Field Airport, "2005 Emission Inventory." November 3, 2006. 39 24. Dallas /Fort Worth International Airport, "D -FW Emissions Forecast." March 21, 2008 25. ENVIRON International Corporation, "Ozone Impacts in D -FW from Revised Emission Controls in the 2009 Future Year — Final Report." August 31, 2007. on -line report: htt :;'-wvwN ,tce .state,tx.tis, tiblicfin. llet'nen.taiioniairlainfdocs,D- %'';` ] D- 1' W Control Modeling �Final �Report- 20070831. A 26a. Colorado Department of Public Health and Environment, Air Pollution Control District, "Control of Compressor Engine Emissions, Related Costs and Considerations." October 31, 2003. on -line report: ltttp.!`/ aped. state. co .usAlocuments l .doc 26b. Illinois Environmental Protection Agency, "Technical Support Document for Controlling NOx Emissions from Stationary Reciprocating Internal Combustion Engines and 'Turbines." Report AQPSTR 07 -01. March 19, 2007. online report: l itto:// www.eptt.state.il.tis /t€ir' €•ules ?rice tsd- ricg.pdf 27. U.S. Environmental Protection Agency, "Draft Estimates of Cost Effectiveness of Non-Selective Catalytic Reduction for Rich -burn IC Engines (from March 21, 2006)." information from Jaime Pagan of OAQPS. 28. ENVIRON international Corporation, "Demonstration ofNOx Emission Controls for Gas Compressor Engines — A Study for Northeast Texas." December 6, 2005. on -line document: Itttp:. /www;..epa.gov /air ozorreyollutionlSIPToo ]kit /documents/12 -20 -05 rich - burn ermine. control briefing. 29. Interstate Natural Gas Association of America, "Interstate Gas Pipeline Systems - Prime Movers." on -line document: htt : i / engr.sintr.edtt /-- �a'a ozone -re ort,!INGAA. df 30. Williams Companies, "Compressor Facility - Project Overview and Facility Design." on -line document: htt / ent - ,t.sta .aia /' 2007 - ozone - report /Williams- Gas.ladf 31.Oliver J.A,, Samotyj M.J. "Electrification of Natural Gas Pipelines — A Great Opportunity for Two Capital Intensive Industries." IEEE Transactions on Energy Conversion, vol. 14, pp. 1502 -1506, December 1999. online document: la�tta:;/ieeexplore, icee.orgi sear °ch;'w t•aptacr.isp`?arntttnlaer - =R 15097 32. Mokhatab S. "Compressor Station Design Criteria." Pipeline and Gas Journal, June 2007. on-line document: hits;'/ frrtdarticles .cc�na /}ar articles'mi. m3251/is /ai = n25008_l_ ?ta -ar tBodv;col 1 33. Ranger Plant Construction Company, Inc., Abilene, Texas. on -line document: ]attp: //www =wv.rpcabi let3e.cotn!Itistory n l .lttrnl 40 34. Wellhead Compressors, Inc., Midland, Texas. on -.line document: htt :'iwellheadcorxi Rressors.eom.: 1 oduc1 s0index.lttm1 35. EnerSource Compression Systems, Inc., Odessa, "Texas. on -line document: ]ttt :l;h�;vr °rrl.gascom ressor•.eof as atlner.lttnn 36. Valenti M. "Gas Pipelines Go Electric." Mechanical Engineering, December 1996. on -line document: htL :!,' 4 ry. irte org/ b ackissuesfdecembe1 . 96.'fcatures. as i Ici as i }e.htmi 37. Dresser -Rand Corporation, "New Datum -C Electric Motor - Driven Compressor Provides Quiet, Emission -Free Solution for Natural Gas Pipeline Applications." Dresser -Rand Insights, vol. 8, no. 1, 2005. on -line document: }tt #t� %'wart Cit4sser i 'a °'v8n011ar`t 2.asp 38. Occidental Oil and Gas Corporation, "Technical Barriers to Emissions Reductions: Gas STAR Case Studies." September 26, 2006. on -line document: lit [ pieca.ort- dactivitics /0imate char efdownloads rvorksho ps /26se )t 06 /Session 3fRavishanker 39. Integrated Production Services, "Green Flowback Process." presentation at Texas A &M University — Corpus Christi, Improved Profits Through Best Managed Practices. on -line document: httu: 1-1 1 r"Vw. epa. gnvlgasstar:l docurnent5 %rrarks}nopsfinotrstor.t -2Q05, rg_e�n nrvback.pdf 40. U.S. Environmental Protection Agency, "Green Completions - Methane Emissions Reductions." PRO Fact Sheet No. 703. EPA Natural Gas Star, Partner Reported Opportunities for Reducing Methane Emissions. September 2004. on -line document: h1 tp.:, %I rrrrrr�.epa , govt gasstat•fdoc unt entsf greenco►xnpletions.pdf 41. The Williams Companies, "Reducing Methane Emissions During Completion Operations — Economics Volume Recovered." Williams Production RMT — Piceance Basin Operations. 2007 Natural Gas Star - Production Technology Transfer Workshop. September 11, 2007. on -line document: }nttp:iirr rvrV. epa. gor! gasstarfdncurrre .n.tsfrvorks.hapsfglenrVnod- 2007/04 ree.udf 42. Devon Energy, "EPA Natural Gas Star Program — Economics of FWB RECs." on -line document: htt 3: / /WWkN --.s e.or c�sitels )els el meetings fl - -PESC12007 ;'GreernhnuseGas BrianWoodward. df 43. U.S. Environmental Protection Agency, "Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants." 40 CFR Part 60, Subpart KKK. 41 44. U.S. Environmental Protection Agency, "Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing industry for Which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006." 40 CFR Part 60, Subpart VV. 45. ENVIRON International Corporation, "Development of Baseline 2006 Emissions from Oil and Gas Activity in the Denver - Julesburg Basin." a report prepared for the Colorado Department of Public Health and Environment, April 30, 2008. 46. Colorado Air Pollution Control Division, "High Bleed Pneumatic Devices." presented at the April 10, 2008 RAQC Meeting. on -line document: lxttp: li v.cdplxe.state.co.us lxiozoueil egDevelol Jsstael'alxe-ts/Apri14- 08,`APCDOLISSUEPAPER neu►naticdavicesRev pdf 47. ENVIRON International Corporation, "WRAP Area Source Emissions Inventory Projections and Control Strategy Evaluation Phase 11 - Final Report," September 2007. on -line document: h. ttp: 'www.w rte€pai foruExlsr'ssif /cicac� tncntsleicttsiOilGas ;2007- 10_I'lxase�II D &G�I final ltepart(v l0- 07 %20r ev.s . df 42 Author's Notes: A draft version of this report was prepared in September 2008 and distributed for review and comment to oil and gas producers, state and federal regulators, authors ofsome of the references used in this report, and others. The author appreciates the comments received by those reviewers and the time they took to provide feedback.. For the purpose offull disclosure, the author notes that he was an employee with Radian International LLC working on projects for several gas indusoy clients, including the Gas Research Institute and gas pipeline companies, during the time that "Methane Emissions from the Natural Gas Industry" (Reference 15) was published. The authors of Reference 15 were also employees of Radian International LLC, working as contractors for the Gas Research Institute and the Environmental Protection Agency. The author of this study notes that he did not work on or participate in the GRI /EPA project per formed by the other Radian International personnel. .Images on the cover page f -om the Texas Railroad Commission and the U.S. Department of Energy. Some typos and spreadsheet errors fixed on 21812009. Finally, the statements and recommendations in this study are those of the author; and do not represent the official positions of Southern Methodist University. 43 FLOWER MOUND WELL SITE IMPACT STUD' PREPARED FOR: Kent Collins, P.E. Assistant Town Manager Town of Flower Mound 2121 Cross Timbers Rd. Flower Mound, TX 75028 DEPORT FORMAT: Summary Consultation Report INTEGRA REALTY RESOURCES m DFW File Number: 116 -2010 -0511 _ 1 11AL� ASIFORT`: tV.9RTN 8 /17 /201© Kent Collins, P.E. Assistant Town Manager Town of Flower Mound 2121 Cross Timbers Rd. Flower Mound, TX 75028 SUBJECT: W Site impact Consultation Integra — DFW File Number 116 - 2010-0511 Dear Mr. Collins: Integra Realty Resources — DFW is pleased to submit the accompanying consultation report concerning the impact of natural gas well sites. The purpose of this assignment is to develop an opinion of the general impact on improved residential properties in the Flower Mound area, as a result of their proximity to gas wells. The consultation report is intended to conform with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, for real property consultation assignments. T-o report the assignments results, we follow Standards Rule 5 of USPAP. Accordingly, this report contains summary discussions of the data, reasoning, and analyses that are used in the consulting process whereas supporting documentation is retained in our file. The depth of discussion contained in this report is specific to the needs of the client and the intended use of the report. Our study results show that residential property in the Flower Mound market with price points over $250,000 and immediately adjacent to well sites can experience an impact from -3% to -14% in value based on the sales comparison method. Any influence on property values on a linear basis was found to dissipate at around 1,000 feet from the wellhead. Data from most well sites studied in this report outside Flower Mound suggests that there is little or no impact on residential property from proximity to well sites. Sales comparison research indicated that a diminution in value due to proximity to natural gas sites occurs only for properties immediately adjacent to the site. Several sales where view of the well site was obstructed by buffers such as trees or other structures indicate that value is not measurably impacted, even when the property is in close proximity. The range in property value decline found in price - distance relationships was observed to be about -1% to -9 %. This methodology was less conclusive than the sales comparison method but still indicated the same general trends. Sites that resulted in negative impacts were in close proximity to houses and most were in the Flower Mound area. Impact on housing prices by price - distance method generally dissipated between 1,000 and 1,500 feet. The sales comparison method indicated the impact to dissipate at a closer proximity. Statistical analysis resulted in no consistent and statistically significant diminution in value within the distances measured. This method illustrates how much variance in the data impacts the results. If there were a significant and sizeable diminution in value as a result of well proximity, the statistical analysis method likely would have revealed it. LO AL EXP. Park Central V11, 12750 Merit 1361 , xa gxg Phone: 472-960 -nn t aoo -388 -8162 • Fax: 97z•g6o -zg2z Email : 4 a l l a s@ i r r. co to Phone: 817 33z • Fax: 817-336.16zt !' Email: fortwortlt @irr.com u �' O SV ltfi1� _ -I Please see the executive summary that follows for a summary of our findings and methodologies. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, INTEGRA REALTY RESOURCES - DFW Daniel Wright, MAI Dalton Vann Certified General Real Estate Appraiser General Real Estate Appraiser Trainee Certificate # TX-1329321 -G Certificate # TX- 1337867- Trainee LOCAL EXPERTISE ... NATIONALLY Park Central V1 1, 12750 Merit Drive, Suite got • Dallas, Texas 75 930 West First Street, Suite 303 o Fort Worth, Texas 76102 -7,708 Phone: 972 - 960 -1222- • 800-388-8a6z •'Fax: 972- 96o -7.9zz 1 ` 1 1 011 e: 817- 332'5522 • Fax: 817 336 - 1621 Email: dallas t1irr.cnlat Email: fortworth@irr.c0m FL0WER MOUND DRILL SITE STUDY ...., ... 1 . :..y.. w..,:. ..., .. . .. .. . ... i ................ ........................ a...... ..... .s • .. ..•. ....... 3 !R. ...•........•..........•.� ...........•.... .f ! .. pa...ss..•s:8 ..... ,.. ......... , 9 { •. • ....................• ,�. ..................... ............................... ... ... .. .. 15 .............................. . • ... ff •i " ........................:t•, ...............• •..• ...... 1 6 ................ 51 ".. r.......,• :............................ ............................... 52 ; . _ ....• ...:............................... .........I..................... 80 .. � : ............ ............................... .......,.. ..05 ,.� = ...... ......................... ................. .86 „ r� ......... .............. ............................... .....................89 ::.......................................... ............................. ...................... •.................,.... •.......... .... .:...............•......•......,.... a.......,. .............................9 . , .... .......... .. . 96 .............:....:........... ............................... ...........102 0 © 2010 by Integra Realty Resources €m Really Rewulc*, FLOWER MOUND DRILL SITE STUDY GENERAL INFORMATION & SCOPE OF WORK IDENTIFICATION OF PROJECT AREA The project area is identified as the Town of Flower Mound, for the purposes of this assignment. The purpose of this assignment is to determine what impact, if any, accrues to improved residential properties in the Town of Flower Mound as a result of their proximity to natural gas well sites. Therefore, the scope of this project includes possible well sites and their surrounding neighborhoods. IDEN'T'IFICATION OF THE CLIENT This consultation report is prepared for Kent Collins, P.E., Assistant Town Manager, The Town of Flower Mound, 2121 Cross Timbers Rd., Flower Mound, TX 75028. INTENDED USERS AND INTENDED USE The intended users of this report include the client and its employees /agents. The intended use of this report is to assist the client in their determination of any impact on values of residential properties as a result of their proximity to natural gas facilities, particularly well sites. Others may receive a copy of this report due to legal requirements of disclosure, but the report is not intended for any other use or user. This report is not intended to provide any indication of impact on land, whether residential or commercial, nor improved commercial properties. The findings contained in this report are limited only to the subject studied, which is improved residential property in the Flower Mound market. Misapplication of the results of this study applied to other property types may result in false conclusions. OBJECTIVE OF THE ASSIGNMENT The objective of the assignment is to develop an opinion of the impact, if any, of the proximity of improved residential properties as a result of their proximity to natural gas well sites. This assignment and its conclusions apply only to the Town of Flower Mound, and any other areas as may be deemed comparable by the appraisers. WELL SITE VERSUS DRILL SITE DEFINITIONS In this report, the terms "well site" and "drill site" may be used interchangeably, as is common in the marketplace. In reality, there is a notable difference between the tNvo, namely that a "drill site" is a location. where an active drilling rig has .been . assembled and drilling activities are in progress. A drill site has more activity than a well site and is noticeable by sound, vibration, and additional traffic. A "well site" consists of one or more wells that have been bored at the drill site but that no longer have drilling operations in progress. A typical well site has a visible well head and storage tanks. Drilling for one well can be completed in as little as 21 days and multiple wells can be bored from the same site. The active drilling stage is several months on average. This study more accurately reflects the impacts of well sites on improved residential property but those sales that occurred nearest in time to the drill date of the well will reflect the impact of drilling operations on property values. Some well sites are improved with compressors that vary greatly from site to site. Compressors essentially pressurize the gas to enable it to move through pipelines. Compressor sites typically do not stand alone but are located with wells on the same site. They are above - ground appurtenances that remain during the life of the well. Many .municipalities regulate the placement of compressors and have requirements regarding noise emission, screening, etc. This study does not address specific effects of compressors on neighboring properties separate from well sites. Compressors are noted where present on well sites. INTRODUCTION Denton County lies in the Barnett Shale rock formation that bears natural gas that is bound in various forms. Drilling in rural areas of Denton County has been ongoing for decades and most notably since the advent of new technology that has enabled horizontal drilling and fracturing of the rock formations bearing the natural gas. As this technology has progressed and as rural areas have become saturated with well sites, many gas companies seek to take advantage of the gas deposits in more urban areas, including Flower Mound. Many natural gas wells have been permitted in the Flower Mound area. However, as a result of the drop in natural gas prices, many of these wells have not yet been drilled. What wells have been drilled are recent; many being drilled in 2008 or later. M tnlegra Realty Resources FLOWER MOUND DRILL. S ITE STUDY GENERAL I NFORMATION & SC OPE OF WORT{ The process of preparing a site for drilling includes the purchase of the land, public hearings for rezoning, registration with the Texas Railroad Commission, site preparation and finally, drilling. Most drill sites encompass three to five acres that allow for multiple wells to be drilled from the same'site. Under optimal conditions, a well can be drilled in 21 days, but typically takes longer. Most sites have rigs in place for drilling for three to four months. Drilling activity may take longer in some locations because multiple "horizontal' wells can be drilled from the same site in varying directions. Most sites are clear cut, graded with a gravel base, and fenced with high sound mitigation walls. Well sites in Flower Mound, as other cities in Denton County, are required to establish sound mitigation plans and to screen the well site with earthen berms, brick walls, and /or landscaping. The drilling phase is the most noticeable by neighboring residents and sometimes prompts complaints regarding nuisance and loss in property values. Once drilling has ceased, the greatest impact to the neighborhood is the increased truck traffic to empty tanks on site. In order to quantify potential affects on residential property values as a result of the drilling, sales of house around drill sites have been researched. The combination of the relatively immature natural gas industry in the Flower Mound area coupled with the low volume of market transactions results in limited market data in the immediate area. Therefore, part of this study takes into consideration markets with more mature natural gas fields in other parts of Denton County to determine the impact on residential property values from natural gas facilities. The highlighted pushpins in the map below show the locations of most of the gas wells that were analyzed for our study. The blue area represents the approximate municipal boundaries for the Town of Flower Mound. Five of the twenty -two permitted gas well sites in Flower Mound were found to be drilled and located with sufficient proximity to recent sales of residential property for analysis. 3 Ff07ih {eks � . Poll i ZE Dow" as t 156' i- lta E 4if i rs " �fiEt(31 E t ,r T E A R R 4.. N { � � t n ; - • t - - P l; #5- i� rYJt'd51eSL�yFf1 � - DATA SOURCES Data regarding sales prices and property characteristics for most neighborhoods are gathered from North Texas Real Estate Information Systems, Inc (NTREIS, 1ka "NETS"). Sale data for the Trophy Club well are gathered from the Denton County Appraisal District. These sources are not guaranteed to be 100% correct but are believed to be reasonably accurate for the purposes of this assignment. UR lty Resources t 3SS3; ' - -� fitewArk Q r .. � izs3 to sett 7� Md . At1l - -. - -�Ke35 , Cwv* Aer,d(PP 18W McrosO CUL atSa:,ar Ff07ih {eks � . Poll i ZE Dow" as t 156' i- lta E 4if i rs " �fiEt(31 E t ,r T E A R R 4.. N { � � t n ; - • t - - P l; #5- i� rYJt'd51eSL�yFf1 � - DATA SOURCES Data regarding sales prices and property characteristics for most neighborhoods are gathered from North Texas Real Estate Information Systems, Inc (NTREIS, 1ka "NETS"). Sale data for the Trophy Club well are gathered from the Denton County Appraisal District. These sources are not guaranteed to be 100% correct but are believed to be reasonably accurate for the purposes of this assignment. UR lty Resources FLOWER MOUND DRILL SITE STUDY MARKET AREA ANALYSIS MARKET AREA ANALYSIS The subject region is located in the Lewisville - Flower Mound submarket of the Dallas /Fort Worth VISA, immediately northwest of Dallas/Fort Worth International Airport. This market area is generally delineated as follows: North South. East West Lake Lewisville /FM 407 Grapevine Lake IH 35E US 377 The Town of Flower Mound is located primarily in southern Denton County, approximately 28 miles northwest of downtown Dallas, 25 miles northeast of Fort Worth, and three miles north of the Dallas /Fort Worth (DFW) International Airport. These areas have a great influence on the subject's market area. The appeal of the market area includes its accessibility from several interstate highways to the Fort Worth and Dallas CBDs, and its proximity to Dallas /Fort.Worth International Airport. ACCESS AND LINKAGES Primary access to the area is provided by Interstate 35 East, a major arterial that crosses Denton County and the Dallas /Fort Worth metro area in a north/soutli direction. Access to the subject from Interstate 35 East is provided by Cross Timbers Road (FM 1171), and travel time from the major arterial to the subject is less than five minutes. Secondary north /south access to the subject is provided by Long Prairie Road (FM 2499). Overall, vehicular access is average. Public transportation is not provided in the Town of Flower Mound. However, the Denton County Transportation Authority (DCTA) provides bus service from Downtown Denton to Downtown Dallas and the nearest bus station is located at the intersection of FM 407 and Interstate 35 East. In addition, the DCTA is also working on the A -Train project that will provide train service throughout the area. The local market perceives public transportation as average compared to other areas in the region. /-However, the primary mode of transportation in this area is the automobile. The Dallas/Fort Worth International Airport is located approximately three miles from the property; travel time is about ten minutes, depending on traffic conditions. The Dallas and Fort Worth CI3Ds, the economic and cultural centers of the region, are approximately 25 miles from the market. DEMAND GENERATORS Major employers in the Town of Flower Mound include Lewisville ISD, Town of Flower Mound, Stryker Communications, Best Buy Distribution Center, and.HD Supply. In addition to its strong employment base, the area is easily accessible to the Dallas /Fort Worth Metroplex, all within one hour drive. time. Access to employment centers in other submarkets is a major demand driver. These demand. generators support the demographic profile described in the following section. DEMOGRAPHIC FACTORS A demographic profile of the surrounding area, including population, households, and income data, is presented in the following tables, as provided by Claritas Pop - Facts. The data below is for the Town of Flower Mound, as compared to the DFW Metroplex four- county area. 2015 Projection 86,064 6,265,105 2010 Estimate 72,350* 5,723,721 2000 Census 50,702 4,589,769 1990 Census 15,788 3,560,474 Growth 2010 -2015 18.96% 9.46% Growth 2000 -2010 42.70% 24.71% Growth 1990 -2000 221.14% 28.91% IFR 3 Integra Realty ResovYCas FLOWER MOUND ®RILL. SITE STUDY MARKET AREA ANALYSIS 2010 Est, Average Household Income $143,913 $18,525 2010 Est. Median Household Income $119,771 $58,239 2010 Est. Per Ca ita Income $45,729. $28,424 Owner Occupied 21,445 93,48% 1,267,844 61,64% Renter Occupied 1,495 6.52% 798,934 38..36% Value Less than $20,000 157 033% 18,683 1.47% Value $20,000 - $39,999 208 0.97% 38,239 3.02% Value $40,000 - $59,999 161 0.75% 70,721 5.58% Value $60,000 - $79,999 76 035% 95,156 7.51% Value $80,000 - $99,999 153 0.71% 121,734 9.60% Value $100,000 - $149,999 2,393 11.16% 336,167 26.51% Value $150,000 - $199,999 5,399 25.18% 215,895 17.03% Value $200,000 - $299,999 6,789 31.66% 205,643 16,22% Value $300,000 - $399,999 3,957 18.45% 77,223 6.09% Value $400,000 - $499,999 958 4.47% 32,555 2.57% Value $500,000 - $749,999 844 3.94% 34,224 2.70% Value $750,000 - $999,999 237 1.11% 12,031 0.95% Value $1,000,000 or more 113 0.53% 9,573 0 . 760 /- Value Greater Than $300,000 6,109 28.49 °1° 165,606 13.06% Sorirce: Claritas pop- .('acts: Demographic Snapshot *As shown above, the current population for Flower Mound is estimated by Claritas to be about 72,350. The Town of Flower Mound estimates the current population to be 62,950, a difference of 9,400. This information is based on population trends based on the 2000 Census. Once data is released from the 2010 Census, these estimates may be revised. Interpolated Value $250,000 - $299,999 3,395 houses 15.83% 102,822 houses Homes Valued Greater Than $250,000 9,504 houses 44.32% MUM houses 21.17% 2010 Average Tax Value in Flower Mound (Categroy A Only) $287,562 2009 Average Tax Value in Flower Mound (Categroy A Only) $290,642 2010 Population 62,950 2015 Po ulation Pra`ection 65,000 Population in the area has grown over the past 20 years, and this trend is expected to continue in the foreseeable future. Population trends and income levels in the area are considered above average compared to the DFW Metro area as a whole. Compared to other cities in the Flower Mound area, home values appear near the average of the data from the areas selected for this study. The following table shows average sale prices of homes in each community from August 1, 2009 to the present. This data is gathered from the North Texas Real Estate Information System. 4 FLOWER MOUND DRILL SITE STUDY MARKET AREA ANALYSIS Location Average Sate Price Number of Sales West Fort Worth MlS Area 112 -3 $108,237 418 North Fort Worth MLS Area 102 -1 $161,069 669 South :Denton $176,812 331 Flower Mound $294,114 1,034 Keller $306,475 633 Lantana $322,447 185 Trophy Club .: $327,240 220 Bartoay.iile /Double Oak. $370,088 34 . Argyle $403,223 68 Copper Canyon $160,306 12 Average . $293,001 .AND USE The immediate.market area contains a mixture of uses. Other land use characteristics are summarized below. SURROUNDING AREA LAND USES Character of Area Suburban Predominant Housing Age 2 -10 years (Both Ownership and Rental) Predominant Quality and Condition Average Approximate Percent Developed 50% Percent Developed by Land use 80% Single ;Family; 20% Commercial Infrastructure /Planning Average Prospective Change in Land Use Not likely Prevailing Direction of Growth Northwest . DEVELOPMENT ACTIVITY AND TRENDS The Multiple Listing Service (ML:S) indicates that the for Southeast Denton County includes single - family housing values that are above average when compared to the greater Dallas /Fort Worth Metroplex area as a whole. The following chart reveals that from Q2 2007 to Q2 2010 the average Days On Market has increased by 12 days or 24 %. However, the average days onthe.market for Q2 2010 have declined since Q 12010, and which was lower than Q4 2009, 6 Integra Realty Resources FLOWER MOUND DRILL SITE STUDY MARKET AREA ANALYSIS The number of for sale properties in Q2 2010 has increased since Q4 2009 but is down 19% from Q2 2007. Additionally, the number of sold properties is down 22% from Q2 2007, but is up from the previous quarter, Q 12010, '19 ' ro sme. it solo © 2009 -2010 Terradaturn The Chimney Rock Estates Addition on the south side of FM 1171, east of Post Oak Road was the first conservation easement subdivision in Flower Mound with 50% of the land set aside as an untouched nature preserve. It consists of 48 lots along meandering streets, adjoining about 50 acres of conservation easement and a community pond. The first homes were 6 Hewu,,:e FLOWER MOUND DRILL SITE STUDY MARKET AREA ANALYSIS constructed in 2403 on lot sizes of approximately one acre. The 2 -acre minimum lot size required by the zoning ordinance was adjusted as a result of the amount of land allocated to the nature conservation area. As of April of 2010, all of the 48 lots were sold. Horne sizes average about 5,000 square feet in size and since January 2008 sell for an average of about $773,191 or $1461SF. The nearest shopping facilities serving the area are located. less. than one mile. from the property. They offer basic convenience goods and personal services. Restaurants, principally along major arterials such as Starbuek's, Pizza Hut, and Quizno's, are within a five- minute travel time of the property. The. closet lodging facilities are located within a five minute drive of the subject and include Hampton Inn, Select Inn, and Days Inn. The nearest fire and police stations are within two miles of the property: The Estates at Tour 18 has several lots still for sale ranging from $299,900 to. $359,000 and between 1.656 acres and 2.2661 acres currently. FM 1171 is proposed to be widened to six lanes between FM 2499 and lH 35W, with construction to begin in phases from east to west that began in 2407. Right-of-way has been acquired in the subject vicinity and is incorporated into the subject planned development, Approximately 1.276 acres of land was acquired along the subject's highway frontage. A new arterial is proposed to be constructed from the north side of FM 1171, west of the subject property, curving northerly and then westerly to the east side of US 377. Another arterial is.proposed to be constructed from the east side of IH 35W, curving easterly and then southerly to the north side of FM 1171 west of the existing railroad tracks. The current FM 11.7'1. railroad crossing at grade is proposed to be replaced by an underpass. OUTLOOK AND CONCLUSION The area is in the gro stage of its life cycle. Given the history of the area and the growth trends, it is anticipated that property values will stabilize in the near future. Rmur[es F LOWER M OUND DR ILL SITE STUDY EX ECUTIVE SUMMA EXECUTIVE SUMMARY .pour methods for examining the impact of well sites on residential property values were employed. I. Price - Distance Relationship: The sale prices of houses on a per square foot basis were compared to the distance to the well site in feet. A linear trend was developed and the relationship observed. Where possible, sales of houses outside a half-mile radius were utilized for comparison. 2. Comparable Sales Analysis: Sales adjacent to well sites were found and valued with four comparable properties making adjustments for common value attribute differences. The actual sale price of the house adjacent to the well site was compared to the estimated value of the house were it not adjacent to a well site. Where possible, sales of houses outside a half-mile radius were utilized for comparison. 3. Statistical Analysis: In neighborhoods where there was a sufficient quantity of sales, linear regression analysis was performed to isolate the influence of the proximity of well sites on residential sale prices. This process produces an estimate of the influence on the houses in the sample as well as an estimate of the statistical significance of that distance. 4. Survey of Market Participants: Real estate agents in Flower Mound and surrounding communities were interviewed to determine if buyers considered proximity to gas well sites and if this is a pricing criteria for marketing purposes. The type of natural gas facilities on the sites were observed from public rights -of -way where possible and from aerial photography. The facilities on site were identified visually where possible. The sites were classified by the type of facilities as follows: Sites by Facility Type Wells and tanks only Gas Lift ,Facilities Compressor Sites /Collection Stations Acme Alliance- Saratoga Crow - Wright 4 Aune TW King Sam Wilson I Button Chapel Creek Crow - Wright 6 Connell DCC Engler Bernice Jones I Bernice .tones 2 Lawrence Meece Sam Wilson 2 Trophy Club Whyburn Unit Van Zandt Farms The following criteria were utilized for well sites selection and given precedence in the following order: 1. Sites in and around the Town of Flower Mound where drilling has occurred. 2. Sites where a sufficient number of transactions have transpired in neighborhoods near the site. 3. Geographic locations and markets thought to be similar to Flower Mound. 4. Sites that were known to have facilities similar to those in Flower Mound. There existed a certain potential for bias to enter the site selection process which could have occurred for multiple reasons. First, only sites that were relatively close to established subdivisions and concentrated population centers were researched, thus introducing the possibility that some sales immediately adjacent to well sites may have been overlooked. Additionally, as the search for sites was broadened beyond the town limits of Flower Mound, areas that were thought to be similar in the opinion of the researcher(s) were studied. Other sources of bias may have been present during the site selection process. It is aesourc� FLOWER MOUN® DRILL SITE STUDY EXECUTIVE SUMMARY important for the reader to note that any bias in the study is unintentional. Techniques employed in this study are intended to reduce subjectivity. STUDY SUMMARY Uur: study results .show that residential property . Iry the Flower. :Mound market with price points over.: .$250 immediately adjacent to well sites can experience an impact from 3% to. -14% in value :based on the sales compari property from proximity to well sites Sales comparison re.search'indicated that a di immediately adjacent to the.site. Several sa structures indicate that value is not zi easural the impact t© dissipate at a;closer proximity .. Statistical analysis.;resulted in no consistent an Tl is method illustrates liow much variance :in tl in value as a result of well proximity; the statist!: outside Flower Mound suggests that:there is little or no impact on residential Not every well site included in this study provided sufficient data for analysis via each methodology. The following is a summary of the conclusions and observations drawn from available data in the Flower Mound area. PRIG- DISTANcF, RELATIONSHIP In order to quantify proximity impact we began by searching out well sites in the Flower Mound area, We found that because limited transactions have transpired that are adjacent to well sites, a more generalized approach is.necessary for such an immature natural gas market, Accordingly, we applied the following methodology to examine the relationship between home prices and distance to well sites. METHODOLOGY FOR DISTANCE ARRAYS I . Search for existing.well sites in the Flower Mound region .2. Determine drilling commencement date. 3. Search for all residential sales in. subdivisions around well site 4. Exclude distressed sales 5. Measure distance from: a, center of well site to center of rooftops if well head not visible, or b. well head to center of rooftops if well head visible, or c. latitude and longitude coordinates as identified by GIS software if possible 6. Compare distance from well site to price per square foot 7. Utilize sum of least squares method for determining linear trend 8. Observe rate of change in price compared to distance This methodology indicates that within the Flower Mound Market, there is a slight change in value between houses nearer the well site than those farther away. Six neighborhoods in our study were observed to have a sufficient number of market transactions that have occurred since the reported drill date to extract :a measure of the impact. Well drill dates and production dates were acquired from Texas Railroad Commission records. A summary of our findings follows. 9 FLOWER MOUND DRILL SITE STUDY EXECUTIVE SUMMARY Rate of Change Site Location at 1, 004 feet* Comments Acme Denton -8.89% Well not visible from subdivision Lawrence Denton -7.35% Well highly visible from adjacent homes Hills of Argyle Argyle - 6.96% Wells visible from adjacent homes Trophy Club Trophy Chub -5.36% Well immediately adjacent to the first sale Whyburn Lantana - 2.17% Well highly visible from adjacent homes Alliance- Saratoga Fort Worth -0.62% High degree of variance in sale prices Crow- Wright Flower Mound 0.71% Tree buffer between wells and houses Meece Double Oak 0.72% Nearest sale 1,600 feet from well Bunn Flower Mound 1.02% Well not highly visible Button Copper Canyon 1.25% Well across road from first sale Aune Lantana 3.32% Well not visible from sales in sample Rayzor (Magnolia) Lantana 3.60% Well visible from nearest houses Connell Denton 6.23% Well immediately adjacent to the first sale Sam Wilson 2 Flower Mound 6.60% Tree buffer between wells and houses Engler Keller 6.62% Shared property line between site and sales Rayzor Lantana 9.60% Well not visible from houses DCC Argyle 12.56% Well clearl visible from closest street * Negative signs indicate that values decrease as proximity to a well site increases. Positive signs indicate that varies increase as proximity to a well site increases. Locations with houses immediately adjacent to well sites and that indicate a negative impact are italicized. We found that in the Flower Mound area, when houses are immediately adjacent to well sites there is a measurable impact on value. As distance from the well site increases, this affect quickly diminishes. On a straight -line basis, this impact was measured to be -2.17% to -6.96% in the samples taken.. Variance in the data indicates that this impact is diluted at somewhere around 1,000 feet from the wellhead. The price - distance methodology measures general trends and not specific transactions. It considers only proximity and price and cannot take into consideration other factors that influence value such as duality or year of construction. Therefore, more in -depth consideration of home sales adjacent to well sites is necessary. Yet, the lack of market transactions near completed wells has forced consideration of more well - established sites outside Flower Mound. As a result, we searched for well sites near urban areas in other areas of Denton and Tarrant Counties. COWARABLE SALES ANALYSIS In western parts of Flower Mound and other parts of Denton County, gas well drilling has been active and ongoing for several years. Subdivisions have been developed around gas drilling operations and new wells have been drilled near existing development. Several such locations were researched and residential transactions adjacent to well sites were located. Accordingly, we have applied the following methodology to compare the unit prices of these sales to other properties farther from well sites. METHODOLOGY FOR COMPARABLE SALES 1. Search for existing wells in Tarrant County. 2. Determine drilling start date. 3. Search for residential sales around well site. 4. If sales are located, search for comparable residential sales in same or similar subdivision that are not near well sites. Sales on same street are discouraged to reduce confounding variables. 5. Select comparable properties, excluding distressed sales. 6. Make basic adjustments and determine value of house adjacent to well site as if well were not present. 7. Compare results to actual sale price. Few wells have been drilled in locations that are in predominantly residential areas. Most wells are located in agricultural or recreational areas. As a result, few well sites are in urban residential areas. Several residential markets thought to be similar to those found in Flower Mound were identified. When individual sales in these markets were analyzed; there is some variance in the values of houses immediately adjacent to well sites as compared to those with no well site influence. Natural gas facilities thought to be comparable to Flower Mound were found to have measurable impacts as follows: , .M 10 Rmurcet FLOWER MOUND DRILL SITE S TUDY EXECUTIVE SUMMARY Flower Mound- Comparable Sales Results Site Set Distance ft Difference Avera e.Sale Price in Subdivision. Hills of Argyle 1 574 0:$:1% $425,000 2 .597 6.57 °!a 3 624 12:53% 4 62 - 3.46 ° l0 . Button 1 581 - 1145% $390,000 DCC 1 948 9.41% $505,000 Sam Wilson 2 1 957 7:66% $300;040 Trophy Club 1 246 - 13.71% $390,000 Wh burn Unit 1 406 - 4.81% $255,000 In some neighborhoods, multiple sales adjacent to well sites were found. Each set represents sales in near proximity to a well site and four comparable sales farther from the well site, utilized to value the affected property as if there were no well site influence. For each set, basic adjustments such as date of sale and size were adjusted for and the indicated values were averaged. In some cases, there is broad variation. However, most sets show little variation in.the difference between the actual sale price of the residence adjacent to the well site and the comparable sales. The preponderance of evidence by the sales comparison method indicates that proximity to a well site has a -3% to -14% affect on property values in the Flower Mound area for properties over $250,000. Most average price points in neighborhoods that exhibited a negative impact were over $300,000. The Whyburn Unit is located at Lantana, a master- planned, golf course community, which is the only location showing a diminution in value for price points below $300,000. Additionally, resales of some homes adjacent to well sites indicated that any diminution in value due to proximity to the well site diminishes over time. !Value Differential by Distance in Feet (Flower Mound Only) X5.00% ._..... 10.00 ° in 0.00% - 10.00 - 15.Oflal� . -_- - 20.00% -`_........ STATISTICAL ANALYSIS We performed statistical analysis on houses that have sold in proximity to well sites, compressor stations, and collection facilities where possible to see how the distance from these facilities impacts sale prices. The statistical tool of choice is the multiple linear regression package in Microsoft Excel. Linear regression uses the processing power of computers to place an incremental value on one or more elements of comparison. Elements of comparison are things like the square footage of a building, the size of a lot, or the number of bathrooms. The regression model derives a formula from the data the appraiser collects. It works very much like paired sale analysis that appraisers often utilize. METHODOLOGY FOR LINEAR REGRESSION I . Search for existing wells in Denton County. 2. Determine drilling start date. 3. Search for residential sales around well site. 4. If sales are located, search for comparable residential sales in same or similar subdivision that are not near well sites. Sales on same street are discouraged to reduce confounding variables. 5. Exclude distressed sales. 6. Select elements of comparison. 7. Utilize Microsoft Excel to perform multiple linear regression analysis. Z 11 Realty ResCUr[ez FLOWER MOUND DRILL SITE STUDY xECUTIVE SUMMARY The focus of regression analysis is to find a linear relationship between all of the sales data that reduces variations in value (sum of least squares). The sample (sales utilized in the study) is analyzed to determine how likely it is to be different from the total population of all houses in the neighborhood. Two indieators of reliability are used to determine how likely the results of the sample are to be different from the total population. They are the "t -staf' and "p- value" For purposes of this study rule -of -thumb benchmarks were utilized to determine the significance of our findings. 'Widely accepted "rules of thumb," are +/- 2 for t -stats and less than or equal to 0.45 for p- values. This translates to a "margin of error" in our results of about 5% or a confidence level of about 95% that our results would be substantiated should the experiment be repeated. LINEAR REGRESSION RESULTS Connell* Denton 67 welt Distance 4.016 site Location Number of Sales t -stat p -value Signi fl, cant? Alliance - Saratoga Fort Worth 100 °1340 0.092 No Aune Lantana 80 -1.379 0.172 No Hills of Argyle* Argyle 51 1.907 0.063 No Bunn Flower Mound 324 -0.729 0.466 No Connell* Denton 67 -2.493 4.016 Yes Crow - Wright* (Tour -18) FlowerMound 32 -0.673 0.548 No Engler* Keller 19 -0.845 0.418 No Lawrence Denton 29 3.895 0.401 "Yes Meece Double Oak 24 -1.976 0.067 No Lantana* Lantana 148 -0.428 0.669 No * Aggregation of sales nearmultiple gas wells in the same subdivision On a linear basis, distance from a wellhead was not found to be a statistically significant determinant of property values in most cases. A# the Connell site, well distance was found to be statistically significant in a negative direction. Contrarily, the Lawrence site indicated well distance was statistically significant in a positive direction. Most importantly, eight of the ten sites did not show well distance to be statistically significant. If proximity to a natural gas well was an important issue, one would expect most data to indicated well proximity to be statistically significant in a negative direction. M FLOWER MOUNa DRILL SITE STUDY SURVEY OF MARKET PARTICIPANTS We surveyed market participants, including agents and builders, in Flower Mound and surrounding markets to. determine if they have found that buyers consider the presence of well sites when making an offer on a house. Market participants generally state that the presence of a well /drill site has some impact on the marketability or marketing time for residential properties in the area. This trend is stronger for upscale homes on larger lots but most participants were hesitant to pinpoint a dollar value that would define between upscale homes and homes of lesser quality. The main impact on houses in the upper - middle to higher -end price ranges is marketing time because the house may have to be shown to more potential buyers before one can be found .that is willing to purchase. Several respondents did not believe there to be a substantial impact on value especially in track homes because buyers are less concerned with outdoor living space. Two notable themes arose from the interview process. 1. First, agents consistently agreed that during well drilling and hydraulic fracturing it is difficult to sell a home, thus increasing its marketing time. However, once drilling activity has ceased, houses are much easier to sell. 2. Secondly, many active market participants believed that the.influence on property values of proximity to gas wells is over - estimated by home owners. A cross- section of interview summaries is provided below. Kristen Summers, Agent Concerning an active listing at 830 Porter Road, Bartonville, Texas: The house is a unique and spacious home and on a Heavily -treed tract across from an active drill site on Porter Road. At the time of our inspection in July of 2010, temporary sound walls were up and a drilling rig in place on the site. Ms. Summers noted that she has had great difficulty selling the house since drilling our the site has been going on for an extended period. She lives next door and said the site is loud and gives off an odor. She plans to lower the list price for the property but did not disclose by what amount. Tracy Clifton, Agent Concerning an active listing at 645 Porter Road, Bartonville, Texas: The house is a 3,000 square foot residence on two acres and. is listed for $275,000, down from $295,000. Ms. Clifton noted that the house is not of particularly high quality but the land value in the area is quite high. She indicated that Buyers in this price range are more selective. She expects interest in the property to pick up once drilling is complete and the compressor planned for the.site is in a finished building. According to Ms, Clifton, buyers do not want to see or hear well sites, Vickie Farris, Agent Concerning the sale of 5804 Southern Hills Dr., Flower Mound, Texas: The house is located over 1,600 feet from the well site. Ms. Farris noted that at the time of sale in August of 2009, the site could be Heard from this house and the lights could be seen over the treetops at night. However, no buyers ever mentioned that the site was an issue and the house sold for market value according to her. She noted that while drilling and fracturing is going on it is difficult to sell a house. TTI 13 Integra Realty Re5ougces FLOWED MOUND DRILL SITE STUDY SURVEY OF MARKET PARTICIPANTS Mary Bailey, Agent Concerning the safe of 8904 Baltusrol Dr., dower Mound, Texas: This was a foreclosure. The location of the drill site was never an issue but the condition of the property was since it had a bad floor plan that would need to be redesigned. No potential buyers ever mentioned the drill site or the compressor station. Most houses have a tree buffer in this area. The agent felt that while drilling is going on it is difficult to sell a property but after track traffic dies down there is no affect. She believes the impact of gas wells has been hyped. Kristen Dailey, Agent Concerning the sale of 8904 Baltusrol Dr., Flower Mound, Texas (shown in Sales Comparison section ): The buyer knew the drill site was present. The compressor station can be seen through the trees and some from the second floor but it was not highly visible. The site cannot be heard according to her, the selling agent: It was not a factor in the sale of the property since the biggest concern was the remodel that needed to be done. Ms. Dailey feels that especially when people are moving to the area from eastern areas of the Metrolpex the drill sites are a major concern. She deals mostly in the 5outh.lake area and several clients have told her they did not want to be shown property in an area where a site was being considered. She has not sold any houses adjacent to well sites. Ms. Dailey lives in Lantana and no drill sites can be seen now from the community in her estimation. However, when they were being drilled and the fracturing was going on, it was noisy and the off- gasing could be seen at night. According to Ms. Dailey it is a concern for herself and many people in the community but residents are hesitant to move because of the nice location and the schools. Adrian Verdin, Agent Concerning the sale of 1155 Crepe Myrtle Lane, Copper Canyon, Texas: This 6,300 square foot house was a foreclosure. It sold for $407,500 in April of 2010 because of its poor condition. People did not care about the well because it was such a good deal. It was originally listed for $800,000 and before that was a $1.2 million house. Mr. Verdin said some people mentioned the well but it was not a major factor in this sale. Below is. an aerial depiction of the house. at 1155 Crepe Myrtle and the. neighboring well site, circa 2009. Ethan, Representative with Centex Homes in Trophy Club The representative stated that Centex Homes does not market the houses adjacent to the Trophy Club well site or any other well site in the area for any less simply because they back up to a well. Drilling is complete and there is no activity in the area. However, we found one Centex house adjacent to a well that indicated a diminution in value. 14 In Mr. Verdin's experience, properties in the Flower Mound area are a'little more difficult to sell when they are adjacent to a well because it is an eyesore. He overcomes this by noting that the well will eventually be capped and will no longer be noticeable. He considers well impact to be comparable to the impact of proximity to a major street. It has increased traffic and noise so expect an additional six months for marketing time and drop the price about 10 %. PROJECT MAP 9S FL OWER MOUND DR ILL SITE STUDY PRICE - DISTANCE R ELATIONSHIP In an attempt to quantify the impact of well site proximity on residential properties, we began by searching out well sites in the Flower Mound area. We found that because so few transactions have transpired that are adjacent to well sites, a more generalized approach is necessary for such an immature natural gas market. We began by searching for existing wells in Flower Mound Area. We determined the drilling start date (commencement or "spud" date), utilizing Texas Railroad Commission records. Excluding distressed sales such as foreclosures, we collected data on market transactions that occurred in relatively homogenous neighborhoods around well sites to avoid wide variations in the year of construction, design standards, etc. Wet . hen measured from the rooftop of the house to either the center of the well site pad or to the well head, if visible, by aerial photography. Where possible, we utilized GIS software to "gcocode" the addresses of the sales and measure the distance to well head coordinates. We then assembled tables with the price per square foot of the houses in the neighborhood and the linear distance in feet to the well site. Utilizing.graphing software, we then derived a scatter -plot from that data with the distance on the X -axis and price per square foot on the Y -axis. Following which, a linear trend line was applied through the data, which utilizes the sure of least squares method to reduce the variance between points in the data sample. This method allows for a visual representation of the trend in home prices as distance from the well increases. The rate of change in the.price by distance can then be observed. 1W 16 Integra RedryRR�urces our research indicates that within the Flower Mound Market, there is a marginal change in value between houses nearer the well site than those farther away. Few wells in the.Town of Flower Mound have been in existence long enough or are in sufficient proximity to residences for analysis. Therefore, we have also analyzed sales in other parts of southeast Denton County such as Argyle, Copper Canyon, and Denton, as well as Trophy Club and Fort Worth. Summaries of our findings in each subdivisiontwell site follow. FLOWER MOUND DRILL SITE S TUDY PRICE - DISTANCE RELATIONSHIP Acine Drill Site acrd Neighborhood Sales, Denton, Texas 17 Resources ACME W ELL SITE ` Belmnril_P :Hems 33,1520$6 ° rd 97, 1 1478V `> z li2�or ,. P reseolt ° Da ,f..�isniaun� Pat':; Dr 13emiiigway . Pato Verde` Dr ©e.tan tia . __ - sn �hst11aKn -5t .. Cleunorat uena.Viat. � €m Hickory Creek Rd .. w..: - -- Acine Drill Site acrd Neighborhood Sales, Denton, Texas 17 Resources ACME W ELL SITE FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Location Description: South of Ryan Road and Duffy Way in Denton, Texas Latitude and Longitude: 33.152085,- 97.114784 Visible Facilities: Four natural gas wells, eight storage tanks, in- ground water reservoir Drill Commencement Date: 2/01/07 Current Operator: Endeavor Energy Resources, L.P. Price per SF by Distance from Acme Well f $80.00 i 3 ,ri60.flf3 i $4€1.00 _— i -00 1 I,5t3C1 2,U00 The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values increase. However, it is interesting to note that the lowest values in price per square foot do not occur nearest the wells, but around 1,500 feet from them. Additionally the nearest house in this sample is about 870 feet from the well site. Our research indicates that at some distance, there is no perceptible impact due to the presence of natural gas facilities. The facilities are not visible from the neighborhood as there is a natural vegetative buffer between the site and the neighborhood. The following chart represents information about the linear trend line observed above. Distance Relationsi Average $79.81 500' -4.44% (S3. ) 1,000' -8.89% 07,091 2,000' - 17.77% i S 1 .19:3 The trend line in the chart above indicates a rate of change for every foot of proximity to the well site of - $0.0071 per square foot of house size. When compared to the average sale price per square foot in this sample, this translates into - 4.44 change in value for every 500 feet distance from the well, or an - 8.89% change in value at 1,000 feet. Alternatively, it is an -$7.09 change in value per square foot of living area at 1,000 from the well site. in this case, it appears the trending pattern increases in variance (becomes less dependent upon proximity to the wells) after about 1,300 linear feet from the well site. Itj FLOWER MOUND DRILL SITE STUDY PRICE- DISTANCE RELATIONSHIP ALLIANCE- SARATOGA SITE :11_& Integra Realty R2Wc fce5 19 Alliance- Saratoga Site and Aleighborhood Sales, Fort forth, Texas FLOWER MOUN@ DRILL SITE STU ®Y — — PRICE- RELATIONSHIP Location Description: South of SH 170 between Old Denton Rd. and Alta Vista in fort Worth, Texas Latitude and Longitude: 32.962841,-97,28917 Visible Facilities: At least five natural gas wells, six storage tanks, meters and dehydrators, one gas lift station Drill Commencement Date: 9/24/2004 Current Operator: Quicksilver Resources Price per SF by Distance from Saratoga Well The above chart shows the relationship between the price per square foot of single- family properties in the Saratoga neighborhood. The general trend is that the farther the property is from the well site, the greater the property value. However, the increase in ,value is slight and there is a wide variance in sale prices. The following chart represents information about the linear trend line observed above. iliskance Relatlonsl�i Average $82.92 500' -0.31% ry(j - 6j 1000' 462% 2000' - 1.23% i1.c3 "J The rate of change observed in the trend line above is -$0.26 per 500 feet of proximity to the well site. That is to say, based an the above data, the price per square foot of a house is expected to change by -$0.51 per square foot of a house size at 1,000 feet of distance from the well site. In the sample above, variance in the above data appears to be introduced almost immediately with the highest unit value being one of the sales closest to the site and several of the lowest being midway to farthest from the site. This would indicate there is no measurable impact on the value of surrounding homes. xu $120.00 ___ ..___,_...._.__.. _ _,_. -,__- -____ _- _.._____._- _ __. -_. __ _.._____— --- .___,.___._._.__ _- _:_.______.__.___- $100:00 $70.00 $60.00 $50.170 _ -_ __.. .._.- - - - : _..._ . -- ._:_._ _ - - - -- -- - - - 500 1,400 1,500 2,000 2,500 3,000 3,500 The above chart shows the relationship between the price per square foot of single- family properties in the Saratoga neighborhood. The general trend is that the farther the property is from the well site, the greater the property value. However, the increase in ,value is slight and there is a wide variance in sale prices. The following chart represents information about the linear trend line observed above. iliskance Relatlonsl�i Average $82.92 500' -0.31% ry(j - 6j 1000' 462% 2000' - 1.23% i1.c3 "J The rate of change observed in the trend line above is -$0.26 per 500 feet of proximity to the well site. That is to say, based an the above data, the price per square foot of a house is expected to change by -$0.51 per square foot of a house size at 1,000 feet of distance from the well site. In the sample above, variance in the above data appears to be introduced almost immediately with the highest unit value being one of the sales closest to the site and several of the lowest being midway to farthest from the site. This would indicate there is no measurable impact on the value of surrounding homes. xu FLOWER MOUND DRILL SITE STUDY PREG - DISTANCE RELATIO AUNE WELL SITE (LANTANA) The Aune Site is indicated by a half -mile radius in blue. The yellow rings indicate haf mile radii from other well sites. 29 Integra Realty Resources FLOWER MOUND DRILL SITE STUDY PRWE- DIS TANCE RELATIONSHIP Location Description: West of Copper Canyon Road, North of Crepe Myrtle Ln., Argyle Texas Latitude and Longitude: 33.103788,-97.109053 Visible Facilities: One natural gas well, filter /separator unit, unidentified structure Drill Commencement Date: 518108 Current Operator: Red Oak Gas Operating Company, L.P. i' rice per SF by Distance from The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. hour natural gas well sites are located within a close proximity to the Lantana master- planned subdivision. In order to reduce the influence of other well sites on property values, no sales were utilized within a half-mile radius of other wells. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. There appears to be a sizeable variance in the sales prices per square foot of living area. It is interesting to note that the lowest values in price per square foot occurs almost the farthest from the Aune Unit. However, the nearest house in this sample is almost 1,200 feet from the well site. It appears that either this sample lies outside that range impact or some other factor has greater offsetting influence on value than well proximity. The facilities are visible from the edges of the neighborhood but none of the sales in this sample were on the closest street. The following chart represents information about the linear trend line observed above. I?istance Relationship __ Average $91.71 1000' 3.316% $3.04 3000' 9,949% $9.12 5000' 16.581% $15.21 When compared to the average sale price per square foot in this sample, we observed a 3.316% change in value at 1,000 feet distance from the well, or $3.04 per square foot of living area. Given the broad variance in the data, it appears that distance from the well site has no measureable impact on residential values. Housing values in the Lantana community vary widely from around $200,000 to over $1,000,000 and the data may be picking up this variation. 22 inlegm Realty woumn SLOWER MOUND DRILL SITE STUDY PRICE- ®!STANCE RELATIONSHIP Bunn Well Site and Wellinelon Estates Sales. Flower 1forrnd Denton. Texas Yellow circle represents a ha f rrrile radius 23 BUNN WELL SITE (WELLINGTON ESTATES) FLOWER MOUND DRILL SITE STUDY PRICE -DISTANCE RELATIONSHIP Location Description: Northeast of Flower Mound Rd., North of Quail Run, Flower Mound, Texas Latitude and Longitude: 33.040666, - 97.105079 Visible Facilities: One natural gas well, two storage tanks, one lift station, metering station Drill Commencement Date: 10/03/2004 Current Operator: Williams Prod. Gulf Coast, L.P. Price per SF by Distance from Bunn Well $130.00 $120.00 $.ao -- - - - - -- .. $100.00 smoo — $80.00 I $ 70.00 . _.,_ - _.. - - -- - -- - -- .. - - - - - -- 560.00 $513.00 -___._._-_ ___........__--- .____- ...___.__ _ ____.__._- _____. _ - -_ - ---- .____ -• 1,000 2,000 3,000 4.000 5,000 6,000 7,000 The above chart shows the -price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. The sales nearest the well range from $88.97 to $120.00 per square foot so there is a good deal of variance even for the nearest sales. Additionally, sales with the lowest values occur over 4,000 feet from the well. The downward trend in the data indicates that the proximity to the well is inconsequential at this distance. The sale nearest the well is 1,827 feet. The logical conclusion is that this distance is too far from the neighborhood to impact values. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $100.87 1000' 1.02 $1.03 2000' 2.05% $2.06 5000 5.12% $5.16 The trend line in the above charts indicates that proximity to the well site has a positive influence on value. That is not to say that the well site contributes positively but that houses in that area are more valuable, for any number of reasons. When compared to the average sale price per square foot in this sample, we observed a 1.02% change in value at 1,000 feet distance from the well, or a $1.03 change in value for every 1,000 feet of distance. The trend pattern from the Wellington Estates (nearest subdivision to well) neighborhood indicates there is no impact on value as a result of proximity to the well site. 24 Rmulces PLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP BUTTON WELL SITE (CANYON OAKS SUBDIVISION) ffR 25 Integra ReaEty Resources Batton Well Site and Canyon Oaks Sales, Argyle, Texas Blue circle represents a half -mile radius from the well. Yellow represents ]calf -mile radims from neighboring ivell. FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Location Description: Southeast of intersection of Copper Canyon Rd. and Canyon Oaks, Copper Canyon, Texas Latitude and Longitude: 33.080768,- 97.108989 Visible Facilities: Two natural gas wells, unidentified structure Spud Date: 5/14/2008 Current Operator: Red Oak Gas Operating Company, L.P. Price per SF by Distance from Button Well $130.00 ; - - -- ----- ..____._._.__.___.__.____._._ _----- - -.__- _.._.._-------- _ - - - - -_ - •-- _.__-__.__._ __ $120.00 $110.00 1 $100.00 1 $90.00 $w00 - - $70.00 i $60.00 $50.00 500 1,000 1,500 2,000 2,500 3,000 3,500 The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. The lowest unit value occurs at one of the farthest distances from the well. One sale that appeared to be an unexplained outlier at the low end of the range around 2,500 feet was removed from the dataset. The nearest house in this sample is located at 500 Canyon Oaks and is at a distance of about 580 feet from the well site. It has a direct view of the site from the back yard. The next closest sale is 440 Canyon Oaks and is about 740.feet .from the site. It is shaded from view by a series of fences and trees. Although it is only slightly farther from the well site than 500 Canyon Oaks, it's sale price appears to be unaffected. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $113.25 500 feet 0.627% $0.71 1,000 feet 1.254% $1.42 2,000 feet 2.508 %n $2.84 The trend line in the chart above indicates a rate of change of 1.254% at 1,000 feet, when compared to the average sale price per square foot in this sample. This translates into a $1.42 change in value per square foot of living area at 1,000 of distance from the. well site. In this case, the general trend show that as distance from the well site increases, value decreases, which is counter - intuitive. That is to say, proximity to the well has no measurable impact on residential values. Further analysis of the sale at 500 Canyon Oaks is discussed in the Sales Comparison section. m FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Connell Well Site and Lexington Park Sales, Denton, Texas 2T Lmeli'z 1-44 11 -11ces C ONNELL W ELL S ITE (L EXINGTON PARK SUBDIVISI ON) � a sv- ?' n 3 71 H4 13wiiaekin c7 PresCntc Dawas lr .... �16he80rt18, - Aara Ck§Z ... .1 I3£i lilt PA. .. 2981 - ..... `. .. Fa?timN nl tai 6r _ ': '° pesert Csc -alo VEEdB���i �- Gal7elt& SfS?ay Cardero .fit Coovri�d 6�aM iPl i9&& -3rY13 t€.ciusofl fccare�kn a" s�[�rs, a3 ir�ttsresaire6. -_- Connell Well Site and Lexington Park Sales, Denton, Texas 2T Lmeli'z 1-44 11 -11ces C ONNELL W ELL S ITE (L EXINGTON PARK SUBDIVISI ON) PLOWER MOUND DRILL SITE STUDY Location Description: Southern terminus of Bay Meadow Dr., Denton, Texas Latitude and Longitude: 33.149901, - 97.108926 Visible Facilities: One natural gas well, . two storage tanks Drill Commencement Date: 3/21/2003 Current Operator, Endeavor Energy Resources, L.P. PRICE -DISTANCE RELATIONSHIP MUM= $110. 0 $ 50.00 500 1,000 1,500 2,000 2,500 The Connell Unit and the Acme Unit are both located near the Lexington Park subdivision. The above chart shows the price per square foot of market transactions relative to the distance of each property from the nearest well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. The trend direction is quite strong in this sample, indicating that there is a notable factor contributing to value as a result of location. It is quite possible that the newer homes were constructed near the well site, the small lake in that area is a positive externality, or there is some other unforeseen influence. In this case, the.nearest house is immediately adjacent to the well site and is about 295 from the well head to the center of the rooftop. This house also backs up to a small lake, making it a desirable location. It is not the highest value sale in the neighborhood but is almost 10% higher than the average. It appears that the location adjacent to the lake is at least offsetting the proximity to the well. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $80.99 500 feet 3.12% $2.52 1,000 feet 6.23% $5.05 2,000 feet 12.46% $10:09 The trend line in the chart above indicates a rate of change of $2.52 per square foot of house size for every 500 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into 6.23% or $5.05 change in value per square foot at 1,000. In this case, it appears the trending pattern increases in variance somewhere around 1,300 linear feet from the well site. However, since the trend pattern indicates that houses nearer the well have higher unit values, this observation is likely irrelevant. It is relevant to note that the Cotmell site was drilled in 2003 and therefore experiences very little truck traffic. However, access to the site is from Bay Meadow drive, which means trucks trust pass the front door of the nearest house. The most recent sale of 4316 Bay Meadow Drive is further discussed in the sales comparison section. zo FLOWER MOUND DRILL SITE STUDY PRICE RELATIONSHIP CROW- WRIGHT SITE (TOUR 18) i ea 29 InR"Faa Realty Resources Crow- Wright Well Sites and Tour 18 Sales, Flower Uound, Texas Blue circles represent a half -mule radius around the ivells Point A in the aerial nrap represents the well head at Pad Site 9 FLOWER MOUND DRILL SITE STUDY PRICE -DISTANCE RELATIONSHIP Location Description: West of Tour 18 Golf Course, North of FM 1171, Flower Mound, Texas Latitude and Longitude: Pad 4 - 33.065563, - 97.170952, Pad 6 - 33.050354,-97-169611 Visible Facilities: Three natural gas wells, metering station; compressor station, and related structures Drill Commencement Date: Pad 4 — 418!07, Pad 6 — 2126108 Current Operator: Red Oak Gas Operating Company, L.P. The above chart shows the price per square foot of market transactions relative to the distance of each property from the nearest well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. However, the trend is very slight and variation is introduced even in the nearest sales. This variance is to be expected given the nature of the development. It is a master- planned golf course community with custom, high -end homes. There will be a great deal of variation in sizes and amenities in a development such as this. Therefore, one would expect the method of measuring the price - distance relationship to be less useful in this situation. The facilities are not visible from the neighborhood as there is a natural vegetative buffer between the site and the neighborhood. However, the compressor station is visible from the second floor of a few houses. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $171.14 1,000 feet 0.7057% $121 2,000 feet 1.4114% $2.42 5,000 feet 3.5285% $6.04 The trend line in the chart above indicates a rate of change of $1.21 per square foot of living area at 1,000 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into - .7057 %.change in value for every 1,000 feet distance from the well, or an 1.41% change in value at 2,000 feet of distance. Given the wide variation of data and the counterintuitive trend direction, there appears to be no evidence of impact of well and compressor station proximity on residential values. The house nearest the well, 8904 Baltusrol, has sold recently. According to the listing agent, it was a foreclosure sale and the house must be remodeled. Buyers did not indicate the proximity to the well facilities or compressor station were factors in consideration for the purchase. This sale is further discussed in the sales comparison section. ,su Re Ouf(e FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP DCC Well Site and Aleighbor•hood Sales, Denton, Texas 31 Integra Realty Resources DENTON COUNTRY CLUB WELL SITE FLOWER llliout4o DRILL SITE STUDY PRICE- DI5TANcE RELATIONSHIP Location Description: Southeast of Fairway Dr, and SH 377, North of Country Club Rd., Denton, Texas Latitude and Longitude: 33.140799,-97.167425 Visible Facilities: Three natural gas welts, three storage tanks, metering stations Drill Commencement Date: 10/25/2006 Current Operator: Dune Operating Company The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. The downward trend is fairly strong, possibly due to the fact that the well is also located near the golf course and therefore houses with a view of the golf course exhibit greater values. This is indeed the case for the two closest sales. None -of the houses border the well site but it is clearly visible from Fairway Drive. The following chart represents information ,about the linear trend line observed above. Distance Rdationshi Average $ 124 500 feet 6.28% $7.82 1,000 feet 12.56% $15.64 2,000 feet 25.12% $31.27 The trend line in the chart above indicates a rate of change of $7.82 per square foot of house size for every 500 feet of distance from the well. When compared to the average sate price per square foot in this sample, this translates into 6.28% change in value for every 500 feet distance from the well, or a 12.56% change in value at 1,000 feet of distance. In the case of the Country Club Estates subdivision, it appears that the well site has no influence on the sale prices in the sample. M R%Oblces FLOWER MOUND DRILL SITE STUDY PRICE-DISTANCE RELATIONSHIP Engler Well Site and Marshall Ridge Sales, Denton, Texas 33 Resources ENGLER WELL SITE (MARSHALL RIDGE) FLOWER MOUND DRILL SITE STUDY Location Description: Fast of U3 377, North of Ridge Point Dr., .feller, Texas Latitude and Longitude: 31.965328,-97146318 Visible Facilities: 'Three natural gas wells, three storage tanks .Drill Commencement Date: 4116!2006 Current Operator: XTO Energy Inc. PRICE - DISTANCE RELATIONSHIP Price per SF by Distance from Engler Well i $110.00 S100,00 ` $30.00 E i $80.00 ; -_ I $70.00 _. -_.. I $60.04 $50.00 '—__._._.___._- ______.._._._____...__..,____. ___ _.- ___...______ -_____ . __________.____._- ._..._____.__ — ------ _. 500 1,000 1,500 2,000 2,500 i The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. This subdivision began construction in 2009 and home values in this sample range from $220,000 to $470,000. Two homes in the sample share a property line with the Engler site, one of which exhibits the lowest unit value in the sample. However, it is also one of the largest homes, which typically results in a lower unit value. The homes around the drill site also sit on larger lots than most of the interior sales in the sample, which will increase unit values and prop up the value of homes near the drill site. The two nearest homes are 225 and 280 feet from the well head. The following chart represents information: about the linear trend line observed above. Distance Relationshi Average $9197 100 Feet 0.662% $0.62 1,000 Feet 6.620% $6.16 2,000 Feet 13.241% $12.31 The trend line in the chart above indicates a rate of change of -$0.62 per square foot of house size for every 100 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into - $0.62% change in value for every 100 feet distance from the well, or a -$6.16 change in value for every 1,000 feet of distance. Given that the trend is negative as distance from the well increases and that substantial variance for the sample size is introduced immediately, this data set indicates the affect of well proximity on residential values is not the most important value determinant in this neighborhood, if it is a factor at all. 44 FLOWER MOWND DRILL S ITE STUDY PRICE - DISTANCE RELATIONSHIP B Janes and TW King Well Sites and The Hills of Argyle gyle Sales, Argyle, Texas 35 Resources THE HILLS OF ARGYLE T'I'ES t � YA A G a Smill �i 1K. ,iiA II E-T Presley_. _. Scittc& �nss i _ F r e VVarvA�K Oki � �f o G�Yri�ht BarrS(P)S9.4A -�08 tlxaPSOfl CorP�ralan azyrcr 3s su�js�rs A�:rb,�MS rese:.v€d.. - :. _ B Janes and TW King Well Sites and The Hills of Argyle gyle Sales, Argyle, Texas 35 Resources THE HILLS OF ARGYLE T'I'ES FLOWER MOUND DRILL SITE STUDY Location Description: Latitude and Longitude: "Visible Facilities: Drill Commencement Date: Latitude and Longitude: Visible Facilities: Current Operator: RICE - DISTANCE RELATIONSHIP East of US 377, North of Brush Creels Rd., Argyle, Texas B. Jones I - 33.154311, - 97.159267,. B. Jones 2 - 33.149926,-97.159098 Three natural gas wells, three storage tanks 4/21/2004,9/15/2006 TW King - 33.149888; 97.14908 Natural Gas Well, lift station, two storage tanks, separators, unidentified structure Dark Horse. Operating Co., LLC & Adkins, R.L. Corp. The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values increase. Four homes in the sample are around 600 feet from the nearest well and fifteen homes are within 1,000 feet from the nearest well. It is important to note that only sales that occurred after the drill date of the nearest well were utilized. This subdivision indicates a positive trend as distance increases. Variance in the data appears after about 1,000 feet from the nearest well. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $11499 500' -3.45% W'99) 1,000' -6.91% 2,000' - 13.83% ($ The trend line in the chart above indicates a rate of change of -$7.95 per square foot of house size at 1,000 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into a - 5.91% change in value at 1,000 feet. This sample indicates that in this neighborhood, proximity to a natural gas well is an important factor in determining the value of residential property. However, the measured value change is limited to around 7% at around 1,000 feet. After this distance, the data shows that other factors become more relevant to the valuation of the homes than proximity to the well, so as to be either insignificant or immeasurable. 36 Resources FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Lcnvr•ence Well Site and Braeivood at Oakmont Sales, Denton, Texas IRR 37 Integra Realty Re$ou t p5 LAWRENCE WELL SITE (BRAEWOOD AT OAKMONT) FLOWER MOU ND D RILL SITE STUDY PRICE- DISTANCE RE LATIONSHIP Location Description: North of San Lorenzo Dr., West of Pine Hills Ln., Denton, Texas Latitude and Longitude: 33.154665,-97.033103 Visible Facilities: One natural gas well, three storage tanks Drill Commencement Date: 3/16/2005 Current Operator: Endeavor Energy Resources, L.P. Price by Distance from Lawrence Well $110.00 __--__ ------- --- -- ___-------- - - - - -- ___ _._.___.________.__.___-- - -___- X100.00 _.. , $90.0(] __.� _�_..---- __._._� - �._.__�__ ---- _______— __.._.._.__ -. $84.00 _i $70.00 - -- _.__.__.__._.___ ._.._. $60.00 -i - - - -- _.___------- _.__ - - -- .._ - -- ..-- _._._.___.._ 1 $50.00 200 400 600 800 1.000 1,200 1,400 The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values increase. This subdivision is located in the community with the Oakmont Country Club. All of the sales within this sample are in a section that does not have golf course frontage. The nearest homes are around 400 feet from the well head and share a property line with the site and there is no vegetative buffer to conceal the site. The trend appears to be fairly uniform with the exception of on high -value outlier at about 830 feet from the wellhead. When we consider that the houses farthest from the well are also those tending to be closest to the golf course, this trend is logical. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $78.65 100 feet - 0.735% 504 feet - 3.676% 1,000 feet - 7.353 The trend line in the chart above indicates a rate of change of -$0.58 per square foot of house size for every 100 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into - $0.735% change in value for every 100 feet distance from the well, or a -$5.78 change in value for every 1,000 feet of distance. We believe two important proximity factors are in play that influence values in this case. First, the proximity to the well appears to pull values down near it and secondly, proximity, or at least a partial view of the golf course typically pulls values upward. Given these two competing geographical elements, the impact of well proximity appears to dissipate around 840 feet. Fi=1 FLOWER MouN® DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Meece Well Site and Cross Timbers Sales, Doable Oak, Texas 39 MEECE WELL SITE (CROSS TIMBERS) . . FLOWER MOUND DRILL SITE STUDY PRICE- DISTANCE RELATIONSHIP Location Description: West of Simmons Rd., South of FM 407, Double Oak, Texas Latitude and Longitude: 33,071249,-97.115907 Visible Facilities: Natural gas wellhead, unidentified structure Drill Commencement Date: 3/24/2008 Current Operator: Fled Oak Gas Operating Company, L.P. The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this.neighborhood is that the farther one gets from the well site, the more property values decrease. Year of construction for the homes in this sample range from the late 70's to 2001. No houses in this sample are closer than 1,600 feet from the wellhead. This particular well site has a wooden privacy fence around its perimeter. The following chart represents information about the linear trend line observed above. Distance Relationship Average $109.58 1,000 feet 0.723% $039 2,000 feet 1.447% $1.59 5,000 feet 1616% $3.96 The trend line in the chart above indicates a rate of change of $0.79 per square foot of house size for every 1,000 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into $0.79% change in value for every 100 feet distance from the well, or a $1.59% change in value for every 2,000 feet of distance. Given the distance from the wellhead and the negative trend line, it appears that the sates in this sample are too far from the wellhead to be impacted by its proximity. Houses within the half-mile radius shown in the map on the previous page sold for an average price of $109.59 per square foot while houses outside this radius sold for an average of $109.58 per square foot. 411 Integra Realry Resources OWE MOUND DRIL &m STUDY P cE STS cE RELATiONSHIP Ry2 Well Site and Lantana Sgyl«Gms Yellow rings indicate hatf-remd7_ surrounding ,G 4] m w_ RAYZOR NORTH WELL SITES ANTANA .: ®p"rCawof � - - ,* Ry2 Well Site and Lantana Sgyl«Gms Yellow rings indicate hatf-remd7_ surrounding ,G 4] m w_ RAYZOR NORTH WELL SITES ANTANA FLOWER MOUND DRILL SITE STUDY Location Description: West of Hilltop Rd., North of FM 407, Argyle, Texas Latitude and Longitude 33.105101,- 97.13023 Visible Facilities: Three natural gas wells, storage and metering facilities Drill Commencement Date: 10/27/2007 Current Operator: Red Oak Gas Operating Company, L.P. Prue per SF by Distance from Rayzor Notch Well $180.00 $1603 00 5140-00 $120.00 $100.00 $80.00 $60.00 $40.00 4. PRIDE - DISTANCE RELATIONSHIP 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this. neighborhood is that the farther one gets from the well site, the more property values decrease. All sales are located in the Lantana Master - Planned Community. There are multiple wells in close proximity to the development and all sales within one -half mile of other wells have been excluded from this sample. The sale nearest the wellhead is 1,330 feet away. There is a vegetative buffer between the site and the houses in the sample. It appears some other geographic element influences value much more than proximity to the wellhead. The following chart represents information about the linear trend line observed above. _Distance Relationship Average $94.18 1,000 feet 9.6% $9.06 2,000 feet 19.2% $1832 6,00 feet 48.1% $45.30 The trend line in the chart above indicates a rate of change of $9.06 per square foot of house size for every 1,000 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into 9.6% change in value for every 1,000 feet .distance from the well, or a 19.2% change in value for every 2,000 feet of distance. Given that the trend is negative as distance from the well increases and the counter intuitive nature of the trend, the affect of well proximity on residential values is not the most important value determinant in this neighborhood, if it is a factor at all. Homes within the one -half mile radius sold for an average of $107.20 per square foot while homes outside this distance sold for an average of $92.76 per square foot. 42 Aeworo S FLOWER MOUND DRILL SIT STUDY PR ICE.DiSTANeE RELATIONSH Raynor Well Site and lilagnolia Sales, Argyle, Texas Yellow rings indicate ha f mile radii front surrounding wells UR 43 Wtegra Realty Resources RAYZOR NORTH WELL SITE (LANTANA, MAGNOLIA ADDITION) FLOWER MOUND DRILL SITE STUDY Location Description: W o f Hilltop Rd., North of FM 407, Argyle, Texas Latitude and Longitude: 33.105101,-97,130 Three natural gas wells, storage and metering facilities Visible Facilities: Drill Commencement Date: " -1 _. 10/27/2007 Red Oak Gas Operating Company, L.P. t_urr PRICE-DISTANCE RELATIONSHIP Price per SF by Distance from Rayzor North Well in Magnolia Subdivision $ 1 20 . 00 + ---------- sliom 4- $100-00 ------------ - $90.00 $80.00 $70.00 $60-00 $50.00 $40.00 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 The . above chart shows the price per square foot of market transactions relative to the distance of each property from the well site, The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. All sales are located in the Lantana Master-Planned Community in the Magnolia Addition. This addition was analyzed separately from the other sales in the community because they are much different with regard to building and lot size, being more garden or patio style homes. Additionally, the well site is visible from the nearest homes in the addition, although its view is mostly obstructed. Three of the homes are about 1,000 feet from the wellhead. The two in closest proximity lie toward the lower end of the range of values, yet the sample indicates a negative trend overall as distance increases. . The following chart represents information about the linear trend line observed above. Distance Relationsh Average $88.09 1,000 feet 3.6% $3.20 2,000 feet 7.3% $6.39 3,000 feet 10.9% $9.59 The trend line in the chart above indicates a rate of change of $3.2 per square foot of house size. for every 1,00 feet Of distance from the well. When compared to the average sale price per square foot in this sample, this translates into 3.6% change in value for every 1,000 feet distance from the well, or a 1.3% change in value for every 2,000 feet of distance. Given that the trend is negative as distance from the well increases, it appears that proximity to the well is not a substantial factor in determining sales price. However, the homes at the 1,000 foot range exhibit below average unit values. Homes within the one-half mile radius sold for an average of $91.47 per square foot while homes outside this distance sold for an average of $71.64 per square foot. Sarn Wilson Pad 2 Site and Neighborhood Sales, Denton, Texas He�urcei FLOWER MOUND DRILL SITE STUDY PR ICE-DISTANCE RELATIONSHIP SAM WILSON PAD 2 WELL SITE F LOWER M OUND DR ILL SI TE STUDY P RICE *Di sTANcE RELATIONSHIP Location Description: North of FM 1171, East of Pepperport Ln., Flower Mound, Texas Latitude and Longitude: 33.052314, - 97.118626 Visible Facilities: One natural gas wellhead, four storage tanks Spud bate: 10/1/2005 Current Operator: Williams Prod. Gulf Coast, L.P. $170.00 $150.00 $130.00 $110.00 $90.00 $70.00 $50.00 The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values decrease. The house nearest the well site is about 950 feet from the wellhead. It sold for about the average price of the sample: Houses in the sample sold from $230,000 to $450,000. Variance in the sample appears to be introduced at about 2,250 feet from the wellhead. However, the downward sloping trend would indicate that distance is not a determining factor for home value. The following chart represents information about the linear trend line observed above. Distance Relationsh Average 1,000 feet 2,000 feet 3,000 feet $106.85 6.6% $7.06 13.2% $14.12 19.8% $21.18 The trend line in the chart above indicates a rate of change of 6.6% per square foot of house size for every 1,000 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into $7.06 change in value for every 1,000 feet distance from the well, or a $2I.18 change in value for every 3,000 feet of distance. Clearly, proximity to the Sara Wilson well does not have a measureable impact on property value in this sample. LL Re�u«es 500 1,000 1,500 2,000 2,500. 3,000 3,500 4,000 FLOWER MOUND DRILL SITE STUDY PRIGE.DISTANGI* RELATIONSHIP T'r'ophy Club Well Site and Neighborhood Sales, Trophy Chub, Texas 47 m lty Rea urce TROPHY CLUB WELL SITE FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP Location Description: East of intersection of Trophy Club Dr. and Bobcat Blvd., Trophy Club, Texas Latitude and Longitude: 33.013708,- 97.199077 Visible Facilities: Three natural gas wellheads, metering station Drill Commencement Date: 10/22/2005 Current Operator: Encana Oil and Gas (USA), I.nc. The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values increase. This subdivision began construction in 2009 and home values in this sample range from $340,000 to $430,000. One home in the sample shares a property line with the well site, and it exhibits the Iowest unit value and sales price in the sample. The house measures 246 feet from the wellheads. Although the sample size is small, variation appears to be introduced at about 800 feet fi•om the well, indicating that after this range, proximity to the well has a much reduced influence on value. The following chart represents information about the linear trend line observed above. Distance Relatlonshi Average $98.21 100 feet - 0.54% 4053 500 feet - 2.68% -$2.63 1,000 feet - 5.36% 45.26 The trend line in the chart above indicates a rate of change of -$0.53 per square foot of house size for every 100 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into - $0.54% change in value for every 100 feet distance from the well, or a -$5.26 change in value for every 1,000 feet of distance. All sales within this sample are located within one-half mile from the wellhead. This sample indicates that homes in close proximity to the well show a measurable decline in value from the overall sample average. However, the above trend line indicates the value change to be about 5% at a distance of 1,000 feet. A sales representative for the homebuilder stated that homes adjacent to well sites are not discounted. It is possible that this sale is an aberration or that some unknown factor influenced sale price. 48 Resources FLOWER MOUND DR ILL SITE STUDY PRICE - DISTANCE RELATIONSHIP ccrr G7�,a tx k€�€sd�riq Pik hlisslan Lo .. _ m, .ccmlral !'day .. ?c�YieY�d0�z1.(P -j i383 -2 C{t8 h6crasnfl Ca}agsrdmn a€dAY �s s�l+iers. Ait�IS resenzU.. - : ��- � �. �' - -' - _,...�.:. - Whybrun Well Site and Crescent Addition Sales, Lantana, Texas DR 49 Integra Realty Resowce5 WIIYB JRN WELT, SITE (LANTANA, C RESCENT ADDITION) LOWER MOUND DRILL SITE STUDY PRICE- DISTANCE RELATIONSHIP Location Description: West of Copper Canyon Rd., North of Golf Club Dr., Lantana, Texas Latitude and Longitude: 33.089792,-97.116697 Visible Facilities: Two natural gas wellheads, metering station Drill Commencement Date: 7/712007 Current Operator: Red Oak Gas Operating Company, L.P. The above chart shows the price per square foot of market transactions relative to the distance of each property from the well site. The general trend in this neighborhood is that the farther one gets from the well site, the more property values increase. This subdivision is located in the Lantana Master - Planned Community in the Crescent Addition. Home values in this sample range from about $200,000 to $290,000. One home in the sample shares a property line with the well site, and it exhibits a below average sale price per square foot. The house measures 476 feet from the wellheads. All observations are within one - half mile of the wellhead and variation does not appear to be introduced until about 1,400 feet from the well, indicating that after this range, proximity to the well has reduced influence on value. The following chart represents information about the linear trend line observed above. Distance Relationshi Average $91.28 100 feet - 0.22°/© ($0,20) 500 feet -1.09% (50,99 1,000 feet - 2.17% l 1,98) The trend line in the chart above indicates a rate of change of -0.22% per square foot of house size for every 100 feet of distance from the well. When compared to the average sale price per square foot in this sample, this translates into -$0.20 change in value for every 100 feet distance from the well, or a -$1.98 change in value for every 1,000 feet of distance. All sales within this sample are located within one -half mile from the wellhead. This sample indicates that homes immediately adjacent to the well show a measurable decline in value from the overall sample average. However, the above trend line indicates the value change to be about 2% at a distance of 1,000 feet. Several sales adjacent to the well site are analyzed in the sales comparison section. _._.. s0 Integra Realty Resaurce FLOWER MOUND DRILL SITE STUDY PRICE - DISTANCE RELATIONSHIP SUMMARY OF DISTANCE ARRAYS Value Impact Correlated to Proximity to Well The following observations were made in this dataset. 1. In 83% of the locations where a negative impact on value was observed the well site was visible from the nearest homes. That is to say, all sites but one could be seen. 2. In the locations where no impact on value was found as a result of proximity to well sites only 45% of the sites were visible. 3. Additionally, of the sites where no impact was measured only 18% were immediately adjacent to the well site and none of these locations were found to be in the Flower Mound/Argyle area. We can draw the conclusion from this data that in the Flower Mound area, when houses are immediately adjacent to well sites there is a measurable impact on value. As distance from the well site increases, this affect quickly diminishes. Rate of Change Site Location at 1,000 feet Comments Hills of Argyle Argyle 6.96% Wells visible from adjacent homes Trophy Club Trophy Club 5.36% Well immediately adjacent to the first sale Whyburn Lantana 117% Well highly visible from adjacent homes Average 4.83% On a straight -line basis, this impact was measured to be between 2% and 7 %, with an average of 4.83% at 1,000 feet for the samples taken for Flower Mound- comparable sites in close proximity, with well visibility. 5.1 Rate of Change Site Location at 1,000 feeO Comments Acme Denton .-8.89% Well not visible from subdivision Lawrence Denton - 7,35% Well highly visible from adjacent homes Hills of Argyle Argyle -696% . Wells visiblefi•ont adjacent homes Trophy Chub . Trophy Club -5.36% JYell immediately adjacent to the first sale Nyburn Lantana -2.17% Well highly visible fi•ortt adjacent homes Alliance- Saratoga Fort Worth - 0.62% High degree of variance in safe prices Crow- Wright flower Mound 0.71% Tree buffer between wells and houses Meese Double Oak .032%. Nearest sale 1,600 feet from well Bunn Flower Mound 1.02% Well not highly visible .Button Copper Canyon 1.25% Well across road from first sale Aune Lantana ..3.32% . Well not visible from sales in sample Rayzor (Magnolia) Lantana 160% . Well visible from nearestlzouses Connell Denton 64 Well immediately adjacent to the first sale Sam Wilson 2 Flower Mound 6.60% Tree buffer between wells and houses ,Engler ' Keller 6.62% Shared property line between site and sales Rayzor. Lantana 9,60% Well: visible from houses DCC Argyle . 12.56% Well clearly visible from closest. street Negative signs indicate that values decrease as proximity. to a well site increases. Positive signs indicate that values increase as proximity to a well site increases. Locations with houses immediately adjacent to well sites and that indicate a negative impact are italicized. The distance of houses from well sites in this study ranges from about 300 feet to 5,000 feet. It appears that somewhere around 1,000 feet from the well site, the affect becomes too diluted to perceive any measureable impact, based on the preponderance of evidence in this study. Differences in value observed from these neighborhoods show variations between 12.56% (positive impact correlated to well proximity) and - 8.89% (negative impact correlated to well proximity) for every 1,000 feet of distance from the well site. These variations are easily attributable to the imperfect nature of real estate markets or other unknown causes that were not evident in the data or market participant interviews. By visually inspecting the scatter plots (charts) from each neighborhood, most variance in price is introduced between 1,000 and 1,500 feet from the wellhead. The following observations were made in this dataset. 1. In 83% of the locations where a negative impact on value was observed the well site was visible from the nearest homes. That is to say, all sites but one could be seen. 2. In the locations where no impact on value was found as a result of proximity to well sites only 45% of the sites were visible. 3. Additionally, of the sites where no impact was measured only 18% were immediately adjacent to the well site and none of these locations were found to be in the Flower Mound/Argyle area. We can draw the conclusion from this data that in the Flower Mound area, when houses are immediately adjacent to well sites there is a measurable impact on value. As distance from the well site increases, this affect quickly diminishes. Rate of Change Site Location at 1,000 feet Comments Hills of Argyle Argyle 6.96% Wells visible from adjacent homes Trophy Club Trophy Club 5.36% Well immediately adjacent to the first sale Whyburn Lantana 117% Well highly visible from adjacent homes Average 4.83% On a straight -line basis, this impact was measured to be between 2% and 7 %, with an average of 4.83% at 1,000 feet for the samples taken for Flower Mound- comparable sites in close proximity, with well visibility. 5.1 LovvFR MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS Within our distance array research for Flower Mound neighborhoods with sufficient transactions to study the impact of well sites on property values, sites that immediately abutted residential neighborhoods were shown to impact property varies in most cases. However, this methodology measures general trends and not specific transactions. Therefore, more in depth consideration of home sales adjacent to well sites is necessary. Yet, the lack of market transactions near completed wells has forced consideration of more established neighborhoods and sites outside Flower Mound. As a result, xve searched for well sites near urban areas in other areas of Denton and Tarrant Counties. We were able to locate several. neighborhoods with similar characteristics to those found in Flower Mound. Most drilled well sites in Flower Mound are in areas where agricultural land is available for drilling. These locations are generally in areas that have not yet achieved maximum residential density. Several well sites in other areas of Southern Denton County and Northern Tarrant County exhibit very similar characteristics to these sites. Due to their earlier well dates, the volume of sales data from surrounding neighborhoods increases the odds of .finding market transactions adjacent to the well sites and sufficient transactions in the same neighborhood that are farther from the well site for comparison. For the following analyses, we located well sites near existing residential subdivisions in urban and suburban settings. We located sales of houses on the perimeter of the subdivision nearest the well site. We then located .four other sales within the subdivision believed to be sufficiently removed from the well site so as to have little or no impact on value. We looked for subdivisions with relatively homogeneous properties in order to eliminate as many differences between houses as possible. After moderate adjustments were made to these sales, such as for square footage and date of sale, their indicated value was compared to the house near the well site and the difference recorded. Not all sites analyzed in the price - distance section yielded suitable data for this approach. Due to the nature of the sales comparison valuation process and because of the imperfection of real estate markets, variations in value of less than +/ -5% are considered to be normal fluctuations. These fluctuations are best explained by specifies of the negotiation processes, subjectivity in adjustments, and elements of comparison that may not be evident in the data. 1 =7d FLOWER MO UND DRILL SITE ST UDY COMPARABLE SALES. ANALYSIS A LLIANC - SARA`I'OGA The Saratoga subdivision is located in north Fort Worth south of SH 170, about 2 miles from the Denton County line, in a rapidly growing residential area. 1=our.sales with views of the well site were found through our data sources. They range from 711 to 946 feet from the well heads.. The Alliance- Saratoga site also appears to contain a gas lift and support facilities and has been recently active. The houses included in this sampling are in the $210;000. to $280,00 price range Set 1 12764 Conne 3549Pedi9rce 12737Welsh Walk 12736Homestretch 12812 Travers Distance in Feet 711 2,519 2,162 2,767 1,327 Sale Date 6/12/08 11 /1110 11/30/07 1213/08 9/25108 Gross Living Area 2;443 2,345: 2 2 2,460 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sine Price $246 $247,720 $204,768 $229,685 $2l l 000 Sale Price /SF $101.03 $105.64. $85.43 $94.75 $85.77 Sale Date Adjustment 0° /a $0.00 $0.00 $0.00 $0.00 SF Adjustment 100 $0.00 $0.00 $0.00 $000 Adjusted Sale Price $101.03 $105.64 $85.43 $94.75 $85.77 Sale Price Comparison: $85.05 $76.58 $82.12 $87.24 - House Near Well $101.03 Houses off W ell (Average $84.79 $92.90 Difference $82,75 $8.14 Difference $204 % Difference Set 2 12913 Royal Aseott 3533 Caspian 12620 Travers 12944 Royal Ascot 12704 Homestrctch Distance in Feet 946 205 2,346 1,34.1 2,846 Sale Date 11/10/09 5129/09 311/10 5/6/10 6123109 Gross Living Area 2,845 2 2,840 2,845 2,900 Lot Size (AC) Average Average Average Average Average Well Yes . No No No No Sale Price $241,219 $241,200 $217,500 $233;618 $253,000 Sale Price /SF $84.79 $85.05 $76.58 $82.12 $87.24 Sale Date Adjustment 0 $0.00 $0.00 $0.00 $0.00 SFAdjust�nent 100 $0.00 $0.00 $0.00 $0.00 Adjusted Sale Price $84.79 $85.05 $76.58 $82.12 $87.24 Sale Price Comparison: House Near Well $84.79 Houses of Well (Average) $82,75 Difference $204 % Difference 246% :53 Resources FLOWER MOUND DRELL SITE STUDY COMPARABLE SALES ANA LYSES Set 3 Set 4 12848 Lizzie PI - -- - 12632 Saratoga 12505 Lizje PI 12809 Saratoga 12824 Travers Distance in Feet 830 1,787 .2,658 1,907 1,219 Sale Date 5113/09 4/30/09 9/2109 12/5108 5/22/09 Gross Living Area 3,033 2,986 3,022 3,057 3,061 Lot Size (AC) Average Average Average Average Average Well Yes No No No . No Sale Price $227,500 $205,000 $270,000 $249,900 $220,OOtl Sale Price /SF $75.01 $88.75 $89.34 $81.75 $71.87 Sale Date Adjustment 0 $0.00 $0.00 $0.00 $0.00 SF Adjustment 100 $0.00 $0.00 $0.00 $0.00 Adjusted Sale Price $75.01 $88.75 $89.34 $81.75 $71.87 Sale Price Comparison: House Near W ell House Near W ell $87.11 $75.01 Houses off Well Avera e) $85.65 $8193 Difference $1.46 °$7.92 % Difference 1.71% 0 ° Set 4 This data set exhibited price differentials of -9.55% to 8.76% with an average of 0.85 %. As a result, the influence of the proximity to the well site is not considered to be significant. 54 12855 Lizzie PI 3513 Welsh Court 3209 Outlook Court 3501 Confidence 12725 Travers Distance in Feet 756 2,434 2,158 2,070 1,835 Sale Date 11/18/09 11/25/09 2/25/10 6, 6130109 Gross Laving Area 3,153 3,147 3,148 3,187 3,201 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $274, 665 $285,757 $253,000 $259,871 $287,740 Sale Price /SF $87.11 $30:80 $8037 $81.54 $89.89 Sale Date Adjustment 0 0 /0 $0.00 $0.00 $0.00 $0.00 SF Adjustment 100 $0.00 $0.00 $0.00 $0.00 Adjusted Sale Price $87.11 $90.84 $80.37 $81.54 $89.89 Sale Price Comparison: House Near W ell $87.11 Houses off Well Average} $85.65 Difference $1.46 % Difference 1.71% This data set exhibited price differentials of -9.55% to 8.76% with an average of 0.85 %. As a result, the influence of the proximity to the well site is not considered to be significant. 54 FLOWr: t MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS CHAPEL CREEK The Chapel Creek neighborhood includes the Trial Ridge, Little Chapel Creek,.and Westview additions. It is located in west Fort Worth just outside Loop 820 in a rapidly growing residential area. This site is not considered to be particularly comparable to the upscale neighborhoods of Flower Mound but can be considered comparable to some average - priced neighborhoods. It is included in this study because the well site not only contains typical well facilities but also a compressor facility for the well itself and an adjacent compressor station that pressurizes the.accompanying gas pipeline. It has two compressor stations on site with sound baffling walls on their west sides. Therefore, one would expect the added noise and nuisance from the compressor station to be evident in the values of neighboring houses. In the Chapel Creek neighborhood seven sales (subjects) were found to be located at the perimeter of the subdivision nearest the well site. The site is about 900 feet from the nearest of the subjects, which was drilled in September of 2004. Building Superintendent for Classic Century Homes, Don Rought (817- 480 - 8118), indicated that all parties are aware of the well site and the compressor station nearby but that it is a non issue. He reports that Classic Century houses nearest the well sell for the same prices as homes with no well site influence. Set 1 Sale Price Comparison: - 10908 Wakeerest 10404 Morning De%v 10241 Pleasant Mound 10236 Tustin 10217 Eureka Springs Distance in Feet 980 2,380 2,900 2,900 3,060 Sale Date 11/9/04 7/29/02 9128/04 12/30/05 7!13104 Gross hiving Area 1,765 1,779 1,765 1,719 1,879 Lot Size (AC) Average Average Average Average Average Well - Yes Na _ No No No Sale Price $106500 $105,000 $112,500 $109 $117,400 Sale Price/SF $60.34 $59.02 $63.74 $6199 $62.48 Safe bate Adiushnent 0% $0.00 $0.00 $0.00 $0.00 SF Ad ustment 200 $0.000.410 583.48 $0.00 $0.00 Sale Price Comparison: - .1,100 House Near Well $60.34 Houses off Well (Avery e $62.31 Difference $1.97 %Difference 3.16% Set 2 Distance in Feet .1,100 2,010 3,270 2,800 1,430 Sale Date 2/28105 9112105 5110105 10/22/05 11/22/05 Gross Living Area 1,320 1,214 1,248 1,318 1,582 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sate Price $I05,000 $101,350 $95,000 $124 Sale Pricc /SF $79.55 $83.48 $76.12 . $97 , 500 $73.98 $78.40 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 200 $0.00 $0:00 $0.00 $3.92 Adjusted Sale Price 579.55 583.48 576.12 $7198 582.32 Sale Price Comparison: House dear Well $79.55 Houses off Well (Average) $78.98 Difference $0.57 % Difference 0.72% 55 FLOWER MOUNT DRILL SITE STUDY COMPARABLE SALES ANALYSIS Set 3 Set 5 2700 Wakeerest 2429 Conciva 10232 Dallam 2745 Wakecrest 10233 a am Distance in Feet 1,170 2,010 3,270 1,530 3,430 Sate Date 415105 9112105 5/10105 5/13105 12/28/06 Gross Living Area 1,200 1,214 1 1,200 1,159 Lot Size (AC) Average Average Average Average Average Well 'Yes No No No No Sale Price $95,828 $101,350 $95 000 $95,270 $92,000 Sate Price /SF $79.86 $83.48 $76.12 $7939 $79.38 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 20D $0.00 $0.00 $0:00 $0.00 Ad'usted Sale Price 579;86 $8148 $76.12 $79.39 579.38 Sale Price Comparison: $611.73 $69.97 $74.29 $70.28 578.71 House Near Well $79.86 Houses off Well (Average $79.59 Difference $0.26 % Difference 0.33% Set 5 10233 Wakeerest Set 4 10233 Dallam 2605 Ensenada 2501 Concina Distance in Feet 2824 Wakeerest 2529 Ensenada 2816 Wakecrest 2745 Briscoe 10409 Sixpence Distance in Feet 1,150 2,320 2,010 2,800 2,690 Sale Date 7114105 9123105 10/28/05 10122/05 10131/05 Gross Living Area 1,582 1,565 1,548 1,318 1,801 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $108731 $109,500 $115,000 $97,500 $135,000 Sale Price /SF $68.73 $69.97 $74.29 $73.98 $74.96 Sale. Date Adjustment 0% $0.00 50.00 $0.00 $0.00 SF Adjustrraent 5% $0.00 $0.00 4170 $3.75 Adjusted Sale Price $611.73 $69.97 $74.29 $70.28 578.71 Sale Price Comparison; House Near Well $68.73 Houses off Well (Average) $73.31 Difference -$4.58 % Difference -6.25% Set 5 Sale Price Comparison House, Near Well $79.38 Houses off Well (Average} $80.87 Difference -$1,49 %Dif orenee - 1.84% ME 10233 Wakeerest 2524 Ensenada 10233 Dallam 2605 Ensenada 2501 Concina Distance in Feet 910 2,110 3,430 2,220 2,010 Sale Date 12!28106 10 /18106 12/28/06 4/27107 6/15/07 Gross Living Area 1,159 1,246 1,159 1,254 1,255 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $92,000 $105,000 $92,000 $100,500 510000 Sale Price /SF $79.38 $84.27 $79.38 $80.14 $79.68 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adiustment 200 $0.00 $0.00 $0.00 Sale Price Comparison House, Near Well $79.38 Houses off Well (Average} $80.87 Difference -$1,49 %Dif orenee - 1.84% ME FLOWER MOUND DRILL SiTE STUDY COMPARABLE SALES ANALYSIS Set 6 Set 7 2520 Wakeerest 2716,Yoakum 10545 S litrid e 10500 S litrid e 10544 S lurid e Distance infect 980 2,170 2,110 2,110 2,060 Sale Date 6119109 9/2/09 4123109 5/29/09 11/25/09 Gross Living Area 1,741 1,590 1,493 1,809 1,828 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $129,900 $108,000 $111,000 M42 $132,000 Sale Price /SF $74.61 $61.92 $74.35 $78.50 $72.21 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 200 $0.00 -$3.72 $0.00 $0.00 Adjusted Sale Price $74.61 557.92 570.63 $78.50 $72.21 Sale Price Comparison: House Near Well $74.61 Houses off Well (Avers e) $72.32 Difference $2.30 %Difference 118% Set 7 67 The Chapel 0 Compressor- Station, Fort Worth, Texas 2624 Wakeerest 2744 Briscoe 2428 Concina 10545 S litrid e 2112 Whis erin Wind Distance in Feet 1,120 2,690 1,850 2,110 1,950 Sale Date 9/18109 9/28109 11/11/09 4/23/09 7/29109 Gross Living Area 1,424 1,499 1,464 1,493 1,392 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $110,000 $110,000 $117,500 $111,000 $90,065 Sale Price /SF $77.25 $73.38 $80.26 $74,35 $64.70 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF AdjtEStEnent 200 $0.00 $0.00 $0.00 $0.00 Adjusted Sale Price $77.25 57338 580.26 $74.35 564.70 Sale Price Comparison: House dear Well $77.25 },louses off We] I (Average) $73,17 Difference $4.07 %Difference 5.57% 67 The Chapel 0 Compressor- Station, Fort Worth, Texas FLOWER MOUND D RILL SITE S TUDY C OMPARABLE SALES A NALYSIS 1 l 1 [s t I I. M•• 3s taie�S�i #1sif� >k -_ 17 F _ ` i —' n s a A V S 3 � L f acre ! - i 3 _ •�: is S ti Z l Y l j, s , 3 F i . H s 3 f- Overall, the average difference in value between sales in close proximity to the well site versus sales off the well site is -x-0.13 %. Given the variance in value estimates dine to the imperfect nature of real estate markets and considering that not all elements to value can be accounted for, this result is considered to be essentially a zero impact on residential sale values from proximity to the well site. Conversations with agents and a builder in this neighborhood reveal that buyers do not consider the well site in their purchasing criteria. In fact, one interview with a buyer in that neighborhood revealed that the well site went almost unnoticed and that the operation of the well site and the compressor station could not be heard. Therefore, the evidence from the Chapel Creek neighborhood indicates no damages to residential properties from close proximity to the well site. 58 Resat�rces FLOWER MOUND DRILL SITE STUDY COMPARABLE SALE5 ANALYSIS VAN ZANDT FARMS The Van Zandt Farms neighborhood is located in northwest Fort Worth just west of Highway 287 and north of NW Loop 820 in a rapidly growing residential area. This region features subdivisions of estate -size lots as well as conventional tracthomes, Two well sites are located on the west and north perimeter of the subdivision. This area was drilled for gas well before subdivisions began moving into this area and the particular wells in question were drilled about August of 2002. In the Van Zandt Farms neighborhood ten sales (subjects) were found to be located at the perimeter of the subdivision nearest the well site. In this case-three of the sales are resales of properties that sold previously. These sales should give an indication as to how market perception of the well site changed over time. Set 1 Distance in Peet 680 2,380 .3,750 3,220 3,330 Sale Date 8/6104 10/31103 4/14104 3/1/05 7120105 Gross Living Area 3,327 3,290 3,290 3,096 3,204 Lot Size (ABC) Average Average Average Average Average Well Yes No No No No Pool No No No Yes No Sale Price $297,000 $287,500 $285,000 $280,000 $299,000 Sate Price /SF $8927 $87.39 $86.63 $90.44 $93.32 Sate Date Adjustment 5% $3.35 $1.35 -$2:56 - $4.15 Pool Adjustment -13% $0:00 $0.00 - $1136 $0.00 Ar1'€lsted Sate Price 589,27 $90.74. $87,98 $76.12 588.87 Sate Price Comparison: House Near Well $89.27 Houses off Well Avera e) $85.93 Difference $3.34 % Difference 3:89% Set 2 12009 Maida Vale 1009 Morton Ili] 1 1040 Morton Hill 11016 Brook Green 904 Polo Distance in Feet 790 3,120 2,430 2,220 . 2,010 Sate Date 12/24/03 .6/24/03 10/31103. 3/10104 1073/05 Gross Living Area 4,033 3,091 3,547 3,713 3,928 Lot Size (AC) Average Average Average Average Large Well Yes No No No No Pool No No No No Yes Sale Price $316,500 $269,000 $287,500 $271,577 $390,000 Sate Price /SF $78.48 $87,03 $81.05 $73.14 $99.29 Sale Date Adjustment 500 $2.18 $0.60 40.77 -$8.83 SF Adjustment 5% -$435 $0.00 $0,00 $0.00 Pool Adjustment -I3% $0.00 $0.00 $0.00 - $12.91 Ad'asted Sale Price $78.48 $83.86 $81.65 $72.37 $77.55 Sale Price Comparison: House Near Well $78AS Houses off Well Avera e) $79.11 Difference .$0.63 % Difference -0.80% DR 59 InFCyra Realty Resources MOUNo DRILL SITE STUDY Set 3 COMPARABLE SALES ANALYSIS Distance in Feet 790 2,010 2,060 4,590 2,480 Sale Hate 6126/06 10/3/05 4/30107 5/11107 11/12/07 Gross Living Area 4,033 3,928 3,490 3,715 4,312 Lot Size (AC) Average Large Average Average Large Well Yes No No No No Pool No Yes NO Yes Yes Sale Price $399,950 $391000 $305 $411,800 $420,000 Sale Price /SF .$99.17 $99,29 $87.39 $110.85 $97.40 Sale Date Adjustment 5% $3.62 -$169 -$4.84 -$6.72 SF Adjustment 500 $0.00 $0.00 $0.00 $0.00 Pool Adjustment -13% 412.91 $0.00 - $14.41 -$12.66 Ad`usted Sale Price $99.17 $90.00 $83.71 $91.59 $75.02 Sale Price Comparison: $82.12 89.36 $83.65 $71.45 $86.62 House Near Well $99.17 Houses off Well (Average) $95-83 Difference $13.34 % Difference 15.54% Set 4 60 R ty R-I(e-, 12013 Maida Vale 1009 Morton Hill 1040 Morton Hill 11016 Brook Green 925 Morton Hill Distance in Feet 710 3,120 2,430 2,220 3,750 Sale Bate 12/12/03 6/24103 10/31/03 3110/04 4114/04 Gross Living Area 3,425 3,091 3,547 3,713 3,290 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Pool No Na No No No - Sale Price $281,250 $269,900 $295,000 $268,577 $289,900 Sale Price /SF $82.12 $87.32 $83.17 $72.33 $88.12 Sale Date Adjustment 500 $2.05 $0.48 40.88 -$1.50 SF Adjustment 5% $0.00 $0.00 $0.00 $0.00 Pool Adjustment -13% $0.00 $0.00 $0.00 $0.00 Adjusted Sale Price $82.12 89.36 $83.65 $71.45 $86.62 Sale Price Comparison: House Near Well $82.12 Houses off Well (Avers e) $82.77 Difference -$0.65 % Difference -0.79% 60 R ty R-I(e-, F LOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS . - i v7w2 II 3 Of O AR-4- -:U:11 .. nAa f t]'U nnrl Ax-_ TVII "ISIWice 10 Peet 710 3,220 2,270 3.010 2,430 Sale Date 1014105 4!6105. 7/20105 4130106 5 /45 /06 Gross Living; Area 2,127 .2,060 3 2,052 2,994 Lot Size (AC) Average Average Average Average Average Well Yes No No No NO Pool No No No No Yes Sale Price $214;500 $193,500 $29900 $210,000 $300;000 SalePriee /SF $100.85 $9393 $93.32 $102.34 "$100.20 Sale Date Adjustment 500 $2.33 $0.97 42.92 43.06 SF Adjustment .5% $0.00 $4.67 $0.00 $5.01 Pool Adjustment -13% . $0.00 $0.00 $0.00 41103 A Usted Sale.Priec $It10,85 $96.26 598:96 $99.42 $89.12 Sale Price Comparison: House Near Well $100.85 Houses off Well (Average) $95.94 Difference $4.90 % Difference Set f 11208 Round Lane 900 Morton Hill 909 Morton Mill 1017 Morton Hill 11201 Brook Green Distance in Peet 710 3,010. 3,220 2,900 1,320 Sale Date 4/24107 4130106 115107 .4!30107 514!07 Gross Living; Area 2,127 2,052 2,060 2,679 2,902' Lot Size (At) Average Average Average Average Average Well Yes No No No No Pool No No No Yes Yes Sale Price $215,000 $210 $204,000 $269,900 $305,000 Sale Price /SF $101.08 $102:34 $99.03 $100.75 $105.10 Sale Date Adjustment 5 % 42.92 -$6:21 -$7.91 -$8.31 SF Adjustment 500 $0.00 $0.00 $0,00 $5.25 Pool Adjustment -13% $0.00 $0.00 .- $13.10 - $13.66 Adiustetl Sale Price $101.08 $99.42 $92.82 $73.74 88.38 Sale Price Comparison: House Near Well 5101.08 Houses off Well (Average) $90 Difference $10.99 % Difference . 12.20% 61 Rmu«� FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS Set 7 Set 8 11208 Round Lane 10.17 Morton Hill 11201 Brook Green 941 Chalk Hill 11017 Christina Distance in Feet . 710 2,900 1,320 2,430 2,900 Sale .[late 6/19/08 4130/07 5/4107 8114109 7123/09 Gross Living Area 2,127 2 2,902 2,944 2,424 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Pool No Yes Yes Yes No Sale Price $233,400 $269,900 $295,000 $268,577 $289,900 Sale Price /SF $109.73 100.7465472 $101.65 $91.23 $119.60 Safe Date Adjustment 5% $0.00 $0.00 $3.16 $3.92 SF Adjustment 500 $0.00 $5.08 $4.56 $0.00 Pool Adjustment al3% $13.10 413.22 - $11.86 $0.00 Ad'usted Sale Price $1119.73 $87.65 $93.52 587:09 $123:52 Sale Price Comparison: House Near Well $109.73 Houses off Well (Averse ) $97.94 Difference $11.79 % Difference 12.04% Set 8 IF Ra ouice 11324 Round Lane 11024 Brook Green 925 Morton Hill 957 Chalk Hill 1008 Morton Hill Distance in Feet 890 2,060 3,170 2,170 3,010 Sale Date 8/20/04 3/25/04 4/14/04 3/1/05 7/1105 Gross hiving Area 3,115 3,118 3,290 3,069 3,169 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Pool No No No Yes Yes Sale Price $250,700 $265,900 $289,900 $296,000 $299,900 Sale Price /SF $80.48 $85.28 $88.12 $96.45 $94.64 Sale Date Adjustment 5% $1.73 $1.55 42.55 -$4.08 SF Adjustment 500 $0.00 $0.00 $0.00 $0.00 Pool Adjustment -13% $0.00 $0.00 41154 °$12.30 Adjusted Sale Price $80.48 $87.01 $89.66 81.36 $78.25 Sale Price Comparison: House Near Well $80.48 Houses off Well (Avers e) ,$84.07 Difference -$3.59 % Difference °4.27% IF Ra ouice FLOWER MOUND DRILL SITE STUDY Round Lane 941 Chalk Hill COMPARABLE SALES ANALYSIS' 1.1024 Christina 11017 Clu•istina set 9 640 2,430 1,850 2,430 11316 Round Lane 1040 Morton Hill 11016 Brook Green 11024 Brook Green 925 Morton Hilt Distance in Feet 730 2,430 2 2,060 3,170 Safe Date 2/17/04 10/31/03 .3/10/04 .3/25/04 4/14/04 Gross Living Area 3 3,547 .3,713 3,118 3,290 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Pool No No No No No Sale Price $252,500 $287,500 $271,577 $256,000 $285,000 Sale Price /SF $69.96 $81.05 $73.14 $82.10 $86.63 Sale Date Adjustment 5% $1.21 -$0.22 -$0.42 -$0.68 . SF Adjustment 500 $0.00 $0.00 $0.00 $0.00 Pool Adjustment -13% $0.00 $0.00 $0.00 $0.00 Adjusted Sale P1_•ice $69.96 $82.26 $72.92 $81.69 $$5.95 Sale Price Comparison. $90.53 Houses off Well (Average) House Near Well $9111 Difference $69.96 Houses off Well (Avery e ) -$2.58 % Difference $80 Difference - 2.77% - $10.74 Difference m1331% Set 10 63 Resources Round Lane 941 Chalk Hill 11337 Brook Green 1.1024 Christina 11017 Clu•istina Distance in Feet 640 2,430 1,850 2,430 2 Sale Date 7/24109 8/14108 7/14/09 7/20109 7/23/09 Gross Living Area 2,560 2,944 2,816 3,015 . 2,424 Lot Size (AC) Average Average Large Average Average Well Yes No No No No Pool No Yes No Yes No Sale Price $231,750 $284,000 $265,000 $345,000 $229,900 Sale Price /SF $90.53 $96.47 $94.11 $114.43 $94.84 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 500 $0.00 $0.00 $0.00 $0.00 Tool Adjustment 13% - $12.54 $0.00 - $14.88 $0.00 Adjusted Sale Price $90.53 83.93 $94.11 $99.55 $94.84 Sale Price Comparison: House Near Well $90.53 Houses off Well (Average) $9111 Difference -$2.58 % Difference - 2.77% 63 Resources FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS Overall, the average difference in value between sales in close proximity to the well site versus sales off the well site is +2.68 %. Given the variance in value estimates due to the imperfect nature of real estate markets and considering that not all elements to value can be accounted for, this result is considered to be essentially a zero impact on residential sales from proximity to the well site. Two of the properties in this analysis sold repeatedly and in each case, the value of the property appeared to have risen over time since the initial well date. This seems to indicate that any impact a well site may have on residential properties diminishes over time. Therefore, the evidence from.the Van Zandt Farms neighborhood indicates no damages to residential properties from close proximity to the well site. 64 Integra Realty Resources FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS HILLS OF ARGYLE The Hills of Argyle is a neighborhood located in north Argyle, south of Denton just cast of Highway 377. Homes in this neighborhood were constructed from the late 90's to about 2006. The subdivision wraps an area of older construction, Average sale price in this neighborhood is about $430,000, with estate -size lots. .Three well sites are located around the perimeter of the subdivision that were drilled from 2002 to 2006. Sales of homes that have views of the wells were found in this subdivision. In each case, only sales that occurred after the drill date of the nearest well were utilized for comparison. Set I 700 Distance in Feet 574 2,575 2,117 2,575 2,117 Sale Date 4/29105 6/29/07 9128/06 2/17/06 10/31/05 Gross Living Area 5,500 4,530 4,297 4,530 4,297 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $610,000 $535,000 $445,000 $655,379 $520000 Sale Price /SF $110.91 $118,10 $103.56 $144.68 5121.01 Sale Date Adjuslnncnt .0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 200 - $10.25 - ,$13.40 =$10.25 - $13.40 Adiusted Sale Price $110.91 5107.85 590.16 5134.43 $107.62 Sale Price Comparison: Rome Near Well $110.91 Houses o off Well Avers e $1.10.01 10.89 Difference % Difference 0.81% 65 Hemp '(es ,Point A.. represents 1700 I3'ickwood Court, Argyle, TX FLOWER Mt7UNO DRILL SIT STU COMPARABLE SALES ANALYSIS Set 2 4448 Ar le Lane 4805 Snowshill 4709 Snowshill 2709 Kerry Court 2000 Warwick Distance in Feet 597 928 972 793 1,714 Sale Date 5114 110 12/29/08 7123/10 5/16108 7/29109 Gross Living Area 2,993 2,900 3,060 3,200 3,379 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $320,000 $332,000 $360,000 $365,000 $350000 Sale Price /5F $106.92 $114.48 $117.65 $114.06 $103.58 Sale Date Adjustment 0 0 /0 $0.00 $0.00 $0.00 $0.00 51 Adjustment 200 $0.00 $0,00 $2.88 $5.09 Adjusted Sale Price $146.92 $114.48 $117.65 $116.94 $108.67 Sale Price Comparison: House Near Well $106.92 Houses off Well (Average) $114.44 Difference -$7.52 % Difference -6.57% Based on sale priced trends in the neighborhood, there appears to be insufficient value changes between 2005 and 2406 to warrant adjustment. Price per SF Over Time $170.010 F — ....._.. f $150.00 $110.00 E — - - = -- - - -- - - -- - -------- 4* $90M -- - - - $70.00 i $50.00 i __....____ ...--- {---- __.._._ -. _____:- .___.:._- - - - -.- 1/14/2004 5/28/2005 1 0/10/2006. 2122/2008 7/6/2009 11/18120310 fib Romuran Point A represents 4408 Argyle Larne, Argyle, 7"X FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS Set 3 67 Tntegra Really Res rco Point A represents 2401 Whithrop Hill Road, ArS yde, TX 2401 Winthrop 4209Cai•lisle 2505 Chipping 4601 UpperGlemvic 2713Kerry.Co Distance in Feet 624 1,658 1,257 1,054 967 Sale Date 11/13/09 10/8,/09 6130/09 8/20108 9/18/09 Gross Living Area 4,000 3,856 3,932 4,015 3 Lat Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $395,000 $480,000 930,000 $432,000 $377,500 Sale Price /SF $98.75 $124.48 $10936 $107.60 $124.63 Sale Date Adjustment 0a /a $0.00 $0:00 $0.00 $0.00 SF Adjustment 200 $0.00 $0.00 $0.00 - $14.48 Ail`us.te.d Sale Price $98.75 $124.48 $1 09.36 $107.60 $110:14 Sale Price Comparison: House Near Well $98.75 Houses off Well (Average) .$112.90 Difference - $14.15 % Difference - 12.53% 67 Tntegra Really Res rco Point A represents 2401 Whithrop Hill Road, ArS yde, TX Results of Health Survey of Current and Farmer DISH /Clark, Texas Residents December 2009 by Wilma Subra Subra Company P.O. Box 9813 New Iberia, LA 70562 337- 367 -2216 subracom@aol.c On behalf of EARTHWORKS' Oil and Gas Accountability Project EAR IIXVOITIIsS Table of Contents Executive Summary ........................... ............................... .3 Introduction...................................... ............................... 4 HealthSurvey Participants .................................................................................. ..............................4 ParticipantAges ............................................ ............................... ..... YearsLived in DISH/ Clark .................................................................................... ..............................5 General Health of Individuals Surveyed., ...... ............................. ....................... ......... 5 GeneralHealth .................................................................................................... ..............................5 Frequencyof Illness ............................................................................................. ..............................5 Access to Doctors and Health Care Providers ................................................ ..............................5 Occupational Exposure ...................................................................................... ..............................6 SmokingHistory .......................... ............................... Odors and Associated Health Impacts ............................................................ ..............................6 Odors Associated with Sources in the DISH Area ........................................... ..............................7 Health Impacts Associated with Odor Events ................................................. ..............................8 Duration of Health Impacts Associated with Odor Events ............................ ..............................8 Distance from Surveyed Households to Compressor Stations and Gas Processing Plants /Gas Metering Stations ................................................. ..............................9 Medical Conditions Reported in the DISH/Clark Health Survey ................... ..............................9 Health Effects Reported by DISH Community as of October 12, 2009___ ... ........... .......... 10 RespiratoryImpacts ............................................................................................ .............................10 Respiratory Impacts as it Relates to Smokers and Non - Smokers ................. .............................10 Individuals with Most Medical Conditions ....................................................... ............................11 Correlation of Chemicals Detected in the Ambient Air of DISH with the Health Impacts Experienced by Community Members in DISH /Clark ..................... l 1 Human Health Effects Associated with Chemicals Detected in the air in Excess of TCEQ Short and Long -Term Effects Screening Levels ............................ l l Most Prevalent Health Impacts and Health Impacts Associated with Odor Events, With Chemicals Known to Cause the Health Impacts and Which Exceeded TCEQ Short -term and Long -term Effects Screening Levels in the air of DISH ........ .............................12 Summary ........................................................ ............................... ....13 ................. ............................... Recommendations............................................................................................. .............................14 ✓' ' 2 Heallh Survey for DISH, TX • Earthworks' Gil rand Gas AccountcaU ly Projacf Executive Surm ory The following health survey for DISH, Texas residents was complied by Wilma Subra on behalf of Earthworks' Oil & Gas Accountability Project. The health survey was completed by a total of 31 individuals between the ages of 4 and 69 during October and November of 2009. Participants consisted of 30 current residents and one previous resident of DISH, Texas. Of the population surveyed 19% considered themselves to be sick, or both healthy and sick. 81 % considered themselves to be healthy. However, 39% of the population reported frequency of illness on average of three days per week and five days per month with a maximum of seven days per week and all days of the month. Participants reported 130 medical conditions and of the conditions the survey identifies 23 most prevalent medical conditions. 71 % of participants reported having respiratory ailments. Notable results from the survey include: 1. A summary of odor events experienced by participants, odor frequencies and possible odor sources, and 2, A comparison of health effects reported by the community with the known effects of chemicals found in the DISH area by Wolf Eagle Environmental in August of 2009. First, 28 of the 31 individuals surveyed experienced odor events. Frequency of odor events ranged from one to two times per day to 24 days per month. Participants associated odors with specific facilities in the DISH area including, compressor stations, gas processing plants and metering stations, natural gas pipelines, gas wells, sewer systems and pastures. Second, the human health impacts reported during the survey were compared to the health impacts associated with toxic air emission chemicals detected in the ambient air of DISH in August 2009, in excess of TCEQ screening levels. 61 % of the health impacts reported by participants are known health effects of chemicals detected in the air by Wolf Eagle Environmental in August 2009, These chemicals include • Volatile Organic Chemicals, • Hazardous Air Pollutants, and • Tentatively Identified Compounds. The health effects associated with these chemicals and reported by the survey participants are included below. -' Health Survey for DISH, TX - Earthworks' Oil and Gas Accountability Project At„ rocntal EEG 13raindisorciers tryawhili5 chmoic tp irritaVon Uecreaeed Motor Skills Depression [3izzirtess Eyes B1Jn14ng raUing,Staggering Frequent Rritation Frequent Nausea Bit tl,creasetl Fatigue trregutatJRaPld Heart Beat Mustle Aches & Nins -- Health effects reported F3asaitrritotion Pre C.arF£erotss tesiw3s by th e DISH commu 5eeeneAnxiety - ,J {. wera, ! � associated with 5""'v F ""tl1c5 '. SlniiS tlablems toxics measured in excess Tt,ra� tlr,Station Tired of TCEQ screening levels 4deakncas Ari�r� =ins i)i €fi<ulsyirjConcentratinq easy Rr «i5ittg (Ver�tous S;steni Impracts i)efficulty in t)raething -' Health Survey for DISH, TX - Earthworks' Oil and Gas Accountability Project Recommendations based on this survey include: • Community health investigation and long -term tracking by the Texas Department of State Health Services, • Community -based documentation and tracking of odors and symptoms by Texas Commission on Environmental Quality, • Increased tracking of operational upsets, spills, releases and permit violations of oil and gas infrastructure by both the Texas Commission on Environmental Quality and Texas Railroad commission, and • The continuous monitoring of area emissions by Texas Commission on Environmental Quality. Odors Associated with Sources In the DISH Area Individuals responding to the health survey reported odors associated with specific types of facilities in the DISH area: has ;s'e,is tiatural gas cam,,: ressc: <tr,t3' e s gas pfocessiog plants f serve; ;3i Pd. lTe =_ O,Ft :lJ StniSCsi1'_ Na=ural gas sn €ell S €� €fur smell Septic cdoes Odwiudnatural gas Odorited natural gas sulrursmdll C7dorirednatural gas RERCRTEl3 EFFECTS ......................... . Ozone Burnthut4er 8urnr rrlre REPORTED E£FE[TS headaches REPOMEOEFFECTS .................... . - Strong chemical like snsell infminnnfalrmys nausea headaches Ether initaGOn a €s :nus and sinus prohlemz naUSea REPORTED EFFECTS throat asthma — __......._......�. ... sinusproblems burning eyas . ..... .... asthma nausea REPORTWUPECTS headaches burning eyes running nose nausea sore throat headarhes asthma wmning now sinus problems sane threat asthma sinus probtems bronchU Duration of Health Impacts Associated with odor events i' Heallh Survey for DISH, TX • Earthworks' Oil and Gas Accountabilily Project _j isay and grass smells .........:........... P%: eWW4 c'fte?`i dw"2S3 €.t];iiiC< ... .... ........................... __........, i v"'ek tvY :fE.t)7g Ceti: l.: h, o ,.__... - .., V; sm':M gr ©es wtV'f2` days ........... - ......- ...,._.,..,. 1 fotil srnei] cju<s p ruspLst<,+r•irrsEr.;io €3. :.� .................__ = Fitt :era's9( <a'cE :ar <s Sinus f4ma_. i, : ... ........ .... ...... ......... .. - <. ? 1 d8ys shw5 .i #h,tiugg ; : :. :.. :........<.,..:, T(Y -t6'' CE"<' i' Heallh Survey for DISH, TX • Earthworks' Oil and Gas Accountabilily Project _j isay and grass smells Introduction A health survey instrument for current and former DISH /Clark, Texas residents was compiled by Wilma Subra of Subra Company on behalf of EARTHWORKS' Oil and Gas Accountability Project. The health survey instrument was distributed to current and former DISH /Clark residents. The health survey forms were filled out during the months of October and November 2009. The results of the health survey were evaluated by Wilma Subra of Subra Company. A total of 31 individuals between the ages of 4 and 69 participated in the health survey. The individuals consisted of 30 current residents of DISH /Clark and one previous resident of DISH/Clark. Fourteen households were surveyed. The individuals participating in the survey consisted of 15 females and 16 males. Participant Ages 31 Total Participants between the ages of 4 and 69 15 Females between the ages of 19 and 67 16 Males between the ages of 4 and 69 Ag @ dil@ tditEt°i13 OF Numh @F flf , 1 El nCi� @S ; lv1a1e5 0 -5 0 2 6 -10 fl 2 11 -15 0 1 16 -20 1 0 .. 21 -30 1 1 31` -40 3 .. 2 41 -50 4 3 . 51-60 4 3 61 -70 2 2 Years Lived in DISH /Clark The 31 participants in the survey lived in DISH /Clark an average of 8.5 years and ranged from three months to 25 years. One of the 31 individuals surveyed had lived in DISH for four years but had relocated 5 months prior to the survey. General Health of Individuals Surveyed Of the total of 31 individuals surveyed, 21 considered themselves healthy, 4 individuals considered themselves sick and one individual, both healthy and sick. Five individuals did not respond to this question. b y Hedth Surrey for DISH. TX • Porthworks' C]il anti Gas Accounlabilify Project General Health 21 Individuals between the ages of 4 and 69 Healthy 81 % 4 Individuals between the ages of 5 and 59 Sick 15% 1 individual age 49 Healthy and Sick 4% Females 11 Individuals between the ages 19 and 64 Healthy 92% 1 Individual age 26 Sick 8% Males 10 Individuals between the ages of 4 and 69 Healthy 72% 3 Individuals between the ages of 5 and 59 Sick 21% 1 Individual age 49 Healthy and Sick 7% Frequency of Illness The four individuals who reported their general health as sick, reported the frequency of their illnesses as three to seven days per week, and one day, two days and every day per month. The individual who reported his general health as healthy and sick, reported the frequency of his illness as one day per week and three days per month. Six of the 21 individuals who reported their general health as healthy, reported their frequency of illness as seven days per week and one, two and four days per month. Two of the five individuals who did not report their general health as healthy or sick, responded to the frequency of their illness as two days per month and up to five days per month. Thus, even though 21 of the 31 individuals surveyed reported their general health as healthy, six individuals reported their frequency of illness as much as four days per month and seven days per week. Two of the five individuals who did not report the condition of their general health, reported their frequency of illness as two to five days per month. Thus 12 of the 31 individuals survey (39% of the population surveyed) reported frequency of illnesses on average of three clays per week and five days per month with a maximum of seven days per week and all days per month. Access to Doctors and Health Care Providers Of the 31 individuals responding to the survey, 30 individuals (97 %) had access to doctors. Twenty -six of 31 individuals (84 %) had access to other health care providers, four individuals did not and one individual did not respond. Occupational Exposure Four of the 31 individuals surveyed reported occupational exposure. None of the individuals surveyed reported exposure to chemicals from family member work places transported into their homes. Two individuals employed as air craft mechanics (68 year old male and 37 year old male) reported exposure to jet fuel f 2 years and 13 years), ammonia (23 years), acetone (23 years) and MEK (3 years). One individual, employed as a truck driver (49 year old male), reported exposure to creosote f 1 year) and hydrochloric acid (1 year). The fourth individual (36 year �% Heoilh Survey for DISH, TX • Earthworks' Oil pled Gas Aceauniobitily Project old female) reported occupational exposure to anesthetics - isoflurene and cleaners - Rocal and Parvosal for 11 years. One air craft mechanic reported his general health as healthy, the other did not respond to the general health question. The truck driver reported his general health as both healthy and sick. The female reported her general health as healthy. Smoking History A total of 14 households were surveyed. Seven of the 14 households were nonsmoking households. Four households were occupied by smokers and three households were occupied by past smokers. Twenty of the 31 individuals surveyed have never smoked. Seventeen of the twenty individuals did not have any other member of the household that smoked. Three individuals, who have never smoked, have other remembers of the household who are smokers eight individuals currently smoke, two individuals had smoked in the past and one individual did not provide information on smoking history. The eight individuals who are current smokers have smoked for two to 34 years with an average smoking history of 23 years. Six of the current smokers are long term smokers who have smoked for 20 to 34 years. The smokers currently smoke a half to two packs of cigarettes per day. The eight current smokers consist of five males and three females, The five males range in age from 22 to 59 and have smoked from two to 30 years. The three females who are current smokers range in age from 50 to 55 and have smoked for 20 to 34 years. The two past smokers are 48 and 68 year old males who had smoked a pack to a pack and a half of cigarettes per day for 15 and 20 years. Health Survey for DISH, TX • Earthworks' oil and Gas Accountability Project rafra'�r�snwxs" %.,$i_e - o.- cmd y -o4, "U'l ed H "' " 5 fl Odor Events Twenty -eight of the 31 individuals surveyed experienced odor events. Three individuals did not report experiencing odor events, Frequency of Odor Events and Number of Individuals Experiencing the Odor Events 1 - times per day 6 1 day per week 5 2 days per week 7 3 days per week 4 6 days per week 1 7 days per week 4 2 days per month 4 3 :days per month ....4. 5 days per month 3 10 days per month 4 12 days per month 2 20. days . permonth _ 3 24 days per month 1 Note: Odors are more predominant when the wind is out of the south. 'peoar� z peo i r €0 Heallh Survey for DISH, TX • Earlhwarks' Oil and Gus Accounlabilily Project ]t,�itYeawlilci[s `. ph- Odors Associated with Sources in the DISH Area Individuals responding to the health survey reported odors associated with specific types of facilities in the DISH area, Compressor Stations Sulfur Odorized Natural Gas Smell Ozone Burnt Butter Smell Gas Processing Plants /Gas Metering Stations Sulfur Odorized Natural Gas Smell Burnt Wire Strong Chemical Like Smell Ether Natural Gas Pipe Lines Odorized Natural Gas Gas Wells Natural Gas Smell Sewer System Septic odors Pastures Hay and Grass Smells Health Impacts Associated with Odor Events Sulfur, Rotten Egg Smell Burning Eyes Nausea Headaches Runny Nose Sore Throat Asthma Sinus Problems Odor €zed Natural Gas Headaches Nausea Chronic Sinus Infections Asthma Hypertension Indigestion Burnt Wire Burning Throat Ether Bronchitis Health Survey for DISH, 7X • tar #hworks' ail and Gas Accountataility Project Sewer Smell Infection of airways Irritation of sinus and throat Duration of Health Impacts Associated with Odor Events Airway Infection 1 -3 weeks Aflergie5 24 hours after oclors dissipates..' Bronchitis 1 week Burning and Irritated Throat :` . Until smell goes away Chest Congestion 1 -3 days Hard to Breathe 2 -3 clays Headache 4 hours to one week Irritated 1 -2 clays Nasal Irritation 1 week N ausea Until sell goes away Respiratory Irri tation 24 hours after odor dissipates Sinus Irritation 1 -3 days : Sinus with Plugged Fars 1 0 -20 days Distance from Surveyed Households to Compressor Stations and Gas Processing Plants /Gas Metering Stations Dote: Two households surveyed did not report distances. Medical Conditions Reported in the DISH /Curie Health Survey In addition to the requested information concerning odor events and related health impacts, the health survey requested information on specific medical symptoms and diseases from each individual completing the survey. The symptoms reported in the odor events and related health impacts section of the survey were specifically requested to be included in this section of the survey. A total of 165 medical symptoms and diseases were reported by the 31 individuals who completed the DISH /Clark Health Survey forms. Twenty -three medical conditions were the ;`may.., 10 Health Survey for DISH, TX • Farthworks' 0i1 anti Gas AccountaUlity Projed h'.n tl'i'31 �1'53721f S � most prevalent conditions reported by the 31 individuals surveyed in the DISH /Clark Health Survey. Sinus Problems 18 58 Throat Irritation 17 55 ; Allergies 17 55 Weakness and Fatigue 17 55` Eye Irritation 16 52 Nasal Irritation 15 48 . Joint Pain 14 45 Muscle Aches and Pains 13 42 Breathing Difficulties 13 42 Vision Impairment 13 : 42 Severe Headaches 12 39 Sleep Disturbar ces 1.2. 39 Swollen and Painful Joints 12 39 Frequent Irritation 10 32. Skin Irritation 10 32 Wheezing 9 ,; 29.: Frequent Nausea 9 29 Ringing in Ears ` 9. ` 29 Decreased Motor Skills 8 26 Loss of Sexual:Drjve ` : 8" 26 Bronchitis 7 23 Epsy Bruising 7 23.` Difficulty in Concentrating 7 23 In addition to these 23 most prevalent medical conditions, the survey identified more than 130 medical conditions and medical symptoms each occurring in a small number of individuals. Two ferrules have neurological conditions - neuromuscular disorder, dystonia and muscular /skeletal disorder. Additional medical conditions occurring in a small number of individuals range from lung, liver and kidney disorders, brain disorders, strokes, thyroid problems, internal bleeding, frequent nose bleeds, and bone conditions, to high blood pressure, depression, anxiety, tremors, and behavioral changes. A preliminary review of the first initial group of health surveys obtained on October 12, 2009, resulted in the following health conditions being reported by individuals completing the health survey. The results of the preliminary review were consistent with the medical conditions identified by the entire 31 individuals completing the survey. y f `=:�. Health Survey for DISH, TX • @arilltvorks' Oil and Gas Accountability Project Health Effects Reported by DISH Community as of October 12, 2009 Abnormal EEG* Amnesia Chronic Eye Irritation* Difficulty in Concentrating Endometriosis Eyes Burning* Frequent Irritation* Increased Fatigue* Lump in Breast Nervous System Impacts Ringing in Ears Shortness of Breath Sores & Ulcers Mouth Thyroid Problems Abnormal Mammogram Brain Disorders* Decreased Motor Skills* Dizziness* Enlarged Spleen Falling, Staggering* Frequent Nausea` Irregular /Rapid Heart Beat` Muscle Aches & Pains Persistent Cough Severe Anxiety` Sinus Problems' Strokes Urinary Infections Allergies Bronchitis` Depression* Easy Bruising Excessive Sweating Forgetfulness Frequent Nose Bleeds Joint Pain Nasal Irritation* Pre - Cancerous Lesions* Severe Headaches' Sleep Disturbances Throat Irritation* Weakness* & Tired* *Health Impacts Associated with Chemicals present in Excess of TCEQ Short and Long Term Effects Screening Levels in the air of DISH Respiratory Impacts Twenty -two of the 31 individuals surveyed (71 %) reported having respiratory ailments. Sinus Problems 18/31 58% Throat Irritation 17131 55% Breathing Difficulties 13/31 42% Wheezing 9/31 29 %` Bronchitis 7131 23% TOTAL 22/3.7 71% . Respiratory impacts as it Relates to Smokers and Non - Smokers Of the 22 individuals that had respiratory ailments, 12 never smoked, 8 were current smokers, one had smoked in the past, and 1 individual did not respond to the smoking request for information. Overall, 20 individuals of the 31 individuals surveyed had never smoked. Therefore 60% of the nonsmokers surveyed had respiratory problems. Overall 8 individuals were current smokers; therefore 100% of the current smokers had respiratory problems. Overall 2 individuals had smoked in the past. Thus, 50% of the previous smokers had respiratory problems. Individuals with Most Medical Conditions The 31 individuals surveyed had an average of 20.5 medical conditions reported in the Health Surveys (range 0 to 46). The individuals with the largest number of reported health symptoms were a 49 year old male and a 55 year old female. They each reported 46 medical conditions. The 49 year old male, a nonsmoker truck driver, reported his general health as sick and healthy and reported being sick one day per week and three days per month. He also reported experiencing odor events once per day, one day per week and 12 days per month. The 55 yearald female reported her health as healthy, did not report the number of times sick S:'.. Health survey for DISH, TX • Earlhworks' a1 and Gas Accounfabilily Projed }:- 1121- €1N'(3i21 {ti and listed odor events as two days per month. She is a smoker and has smoked for 30 plus years. AZ- T Of ,1 Wolf Eagle Environmental sampled the ambient air in DISH at seven locations from August 17 to 18, 2009. The air samples were analyzed for Volatile Organic Chemicals, Hazardous Air Pollutants, Tentatively Identified Compounds and NOX. Sixteen chemicals were detected in the ambient air of DISH in excess of Texas Commission on Environmental Quality (TCEQ) Short - term and Long -term Effects Screening Levels. These chemicals consisted of Benzene, Carbon Disulfide, 1,2,4- Trimethyibenzene, Xylene, Naphthalene, Carbonyl Sulfide, Trimethyl Benzene, Methyl- Methylethyl Benzene, Tetramethyl Benzene, Methyl Pyridine, Dimethyl Disulfide, Methyl Ethyl Disulphide, Ethyl- Methylethyi Disulfide, Diemethyl Pyridine, and Diethyl Benzene. The health impacts associated with the chemicals detected in the air of DISH in excess of TCEQ Short -term and long -term Effects Screening Levels correspond to the health impacts being experienced by DISH community members. Human Health Effects Associated with Chemicals Detected in the air in Excess of TCEQ Short and Long-Term Effects Screening levels. Acute Health Effects Irritates skin, eyes, nose, throat and lungs Headaches Dizziness, Light Headed Nausea, Vomiting Skin Rashes Fatigue Tense and Nervous Personality Changes Depression, Anxiety, Irritability Confusion Drowsiness Weakness Muscle Cramps Irregular Heartbeat (arrhythmia) Chronic Health Effects Damage to Liver and Kidneys Damage to lungs Damage to Developing Fetus Causes Reproductive Damage Damages Nerves Causing Weakness and Poor Coordination Affects Nervous System Affects the Brain Leukemia Aplastic Anemia Changes in Blood Cells Affects Blood Clotting Ability Carcinogen Mutagen Teratogen — Developmental Malformations The most prevalent health impacts reported by individuals surveyed during the Health Survey and the health impacts associated with odor events correspond to the health effects of chemicals detected in the air in DISH in excess of the TCEQ Short -term and Long -term Effects Screening Levels. 13 «tea Health Survey for DISH, TX • Earthworks` Oil and Gas Accouniabikiy Projeci I:nli 1'11 \4' €)ICK'V Most Prevalent Health Impacts and Health Impacts Associated with Odor Events With the associated chemicals known to cause those health impact. These chemicals exceeded TCEQ short -term and long -term effects screening levels in the air of DISH. Allergies Ahnn >mM Benzene, Xylenes, Naphthalene, Trimethyl 9saPa discaiF¢s ' Benzene, Diethyl Benzene, Carbonyl Sulfide, Lhrcn'tc Eyc hnfaliurt 3e:re:.s dt ogu,S ill: Dimethyl Disulfide, Methyl Ethyl Disulphide, 112�fe>i:On Ethyl - Methylethyl Disulfide Falling, Staggering Fsequenl irrigation ` Breathing Difficulties f °:�yuwrt Raussa Benzene, Xylenes, Naphthalene, Trimethyl 61 ,11 / 0 ;g °'�r.�a.d " Parg fl "st Benzene, Methyl - Methylethyl Benzene, Health effects reported �>:usde,43:ct5Yains cznrz,oc Tetramethyl Benzene, Diethyl Benzene, by the DISH community.. „re s;ersi ': Carbonyl Sulfide, Dimethyl Disuffide, Methyl were associated with Seven tfa�d3ches s,eg: r�hl r Ethyl Disulphide, Ethyl- Methylethyl Disulfide toxics measured in excess ofTCEQ screening levels 3hcn WrA . .ss Bronchitis � Aglrvgi,s OifficcleyinConcengxednn Trimethyl Benzene = �sygg }gfjl3i �i�`FkOtfi Syslzln f[T.i>3E:i Difr­iiy in 3,r.�th;n9 Difficul in Concentrating. Naphthalene Easy Bruising Benzene Eye Irritation Benzene, Xylenes, Naphthalene, Trimefhyl Benzene, Methyl - Methylethyl Benzene, Tetramethyl Benzene, Diethyl Benzene, Carbon Disuffide, Carbonyl Sulfide, Methyl Ethyl Disulphide, Ethyl - Methylethyl Disulfide Frequent Irritation Carbon Disuffide Frequent Nausea Benzene, Xylenes, Naphthalene, Diethyl Benzene, Carbon Disuffide, Carbonyl Sulfide, Dimethyl Disulfide, Methyl Pyridine, Dimethyl Pyridine Muscle Aches and Pains Carbonyl Sulfide Nasal Irritation Benzene, Xylenes, Naphthalene, Diethyl Benzene, Carbonyl Sulfide, Dimethyl Disulfide, Methyl Ethyl Disulphide, Ethyl - Methylethyl Disulfide Severe Heartaches Benzene, Xylenes, Naphthalene, Trimethyl Benzene, Methyl- Methylethyl Benzene, Tetramethyl Benzene, Diethyl Benzene, Carbon Disulfide, Methyl Pyridine, Dimethyl Pyridine Sinus Problems Benzene, Xylenes, Naphthalene, Diethyl Benzene, Carbonyl Sulfide, Dimethyl Disulfide, Methyl Ethyl, Disulphide, Ethyl - Methylethyl Disulfide , 'i Health Survey far DISH, TX • Earthworks' Oil and Gas Accountabitily Project 14 l:+r1i'1'n tYfltlKti � Skin irritation Benzene, Xylenes, Naphthalene, Trimethy[ Benzene, Methyl - Methylethyl Benzene, Tetramethyl Benzene, Diethyl Benzene. Carbon Disulfide, Carbonyl Sulfide, Methyl Ethyl Disulphide, Ethyl - Methylethyl Disulfide Throat irritation Benzene, Xylenes, Naphthalene, Trimethyl, Benzene, Methyl - Methylethyl Benzene, Tetramethyl Benzene, Diethyl Benzene, Carbonyl, Sulfide, Dimethyl Disulfide, Methyl Ethyl Disulphide, Ethyl - Methylethyl Disulfide Vision Impairment Carbonyl Sulfide, Naphthalene Weakness and Fatigue Carbonyl Sulfide, Carbon Disulfide, Dimethyl Disulfide, Naphthalene The medical conditions reported by DISH community members in the Health Survey correspond to the health conditions associated with the toxic air pollutants present in the air of DISH during August 2009 in excess of the TCEQ Short -term and Long -term Effects Screening Levels. Thirty -one individuals (15 females and 16 males) completed the DISH /Clark Health Survey. Thirty individuals were current residents of DISH /Clark and one was a previous resident. Fourteen households were surveyed. Eighty -one percent of the individuals surveyed considered themselves healthy, 15 %, sick and 4% both healthy and sick. Thirty -nine percent of the population surveyed reported frequency of illnesses an average of three days per week and five days per month, with a maximum of seven days per week and all days per month. Twenty -eight of the 31 individuals surveyed experienced odor events. The frequency of odor events occurred up to 7 days per week and 24 days per month. Odors were more predominant when the wind was out of the south, transporting emissions from the area of the compressor stations and gas plants towards the residential areas of DISH. The individuals surveyed identified the sources of odors as compressor stations, gas processing Plants/gas metering stations, natural gas lines, gas wells, sewer system and pastures, The community members identified substantial health impacts due to odor events associated with the compressor stations, gas processing plants and gas metering stations. These sources were identified as being located 50,100, 600, and 1,000 feet from most of the homes surveyed and 0.5 to 2 miles from other surveyed homes. A total of 165 medical symptoms and diseases were reported by the 31 individuals who completed the DISH /Clark Health Survey forms. Twenty -three medical conditions were the most prevalent conditions reported by the 31 individuals surveyed. These most prevalent health conditions included sinus problems, throat irritation, allergies, weakness and fatigue, eye irritation, nasal irritation, joint pain, muscle aches and pains, breathing difficulties, vision impairment, severe headaches, sleep disturbances, swollen and painful joints, frequent irritation, skin irritation, wheezing, frequent nausea, ringing in ears, decreased motor skills, loss tai Health Survey for DISH, TX • Earthworks' Olt and Gas Accaunfpbilify Project 15 }_�IVJ_t)�Vt312 K\ of sexual drive, bronchitis, easy bruising and difficulty in concentrating. In addition to these 23 most prevalent medical conditions, the survey identified more than 130 medical conditions and medical symptoms each occurring in a small number of individuals. Two females have neurological conditions - neuromuscular disorder, dystonia and muscular /skeletal disorder. Additional medical conditions occurring in a small number of individuals each, range from lung, liver and kidney disorders, brain disorders, strokes, thyroid problems internal bleeding, frequent nose bleeds, and bone conditions, to high blood pressure, depression, anxiety, tremors, and behavioral changes. Twenty -two of the 31 individuals surveyed (71 %) reported having respiratory ailments. The human health impacts reported during the survey were compared to the health impacts associated with the toxic air emission chemicals detected in the ambient air of DISH in August 2009, in excess of TCEQ Short -term and Long -term Effects Screening levels. The medical conditions reported by DISH community members in the Health Survey correspond to the health conditions associated with the toxic air pollutants present in the ambient air of DISH during August 2009 in excess of the TCEQ Short -term and Long -term Effects Screening Levels. it _ ,, �N1 In order to further evaluate the health impacts being experienced by DISH community members, The Texas Department of State Health Services should, at a minimum, test the blood of community members for a Comprehensive Metabolic Panel, Hepatic Profile and CBC. In addition, the Health Agency should be requested to evaluate the exposure of residents through the use of biomonitoring parameters for the chemicals of concern in the blood and urine of current and past DISH residents. The overall health impacts being experienced by DISH residents (past and present) should be tracked over time through surveys and follow up consultations. The Texas Commission on Environmental Quality should establish a process of documenting Odors and Symptoms should be established by which community members can document odor events and associated health impacts. The Odor and Symptom Logs should contain reporting of date, time, location, description of odors, wind speed and direction, health impacts, associated with the odor events, possible sources of the odors, duration of the odor event and duration of health impacts Increased tracking of operational upsets, spills, releases and permit violations of the compressor stations, gas processing stations, gas metering stations, wells and pipelines in the DISH area should also be put in place by the Texas Commission on Environmental Quality and the Texas Railroad Commission. A continuous monitoring network should be established by the Texas Commission on Environmental Quality to monitor speciated Volatile Organic Chemicals, Hazardous Air Pollutants, Sulphur compounds and meteorological conditions in the DISH area. The recommended measures are needed to further define the negative human health impacts being experienced by DISH community members, address appropriate medical intervention and treatment, identify the specific sources of the chemical emissions and pathways of human health exposure, and implement measures needed to reduce chemicals being emitted into the air of the DISH area. l j ' Heallh Survey for DISH, TX • Earthworks' Oil and Gas Accountabi €Ry Proieci FLOWER MOUND DRILL SITE STUDY CO MPARABLE SALES ANALYSIS ME 25(11 Winthrop 4501 Upper 2309Cavendish 2408Cavuidish 2205 Chipping Cam Average Glenwick Well Yes Distance in Feet 620 1,054 1,052 963 1,692 Sate Date 5110105 11/23/05 10/13/05 10113/05 7/29/05 Gross Living Area 3,750 3,579 3,669 3,752 3,808 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $ 389, 000 $297,000 $430,000 $430,000 $438,000 Sale Price /SF $103.73 $82.98 $117.20 $114.61 $115.02 Sale Date Adjustment C% $0.00 $0.00 $0.00 $0.00 SF Adjustment 200 $O.00 $0.00 $0.00 $0.00 Adjusted Sale Price $103.73 $82.98 $117.20 $114,61 $115.02 Sale Price Comparison: House Near Well $103.73 Houses aff Well (Avery e) $107,45 Difference :-$3.72 % Difference - 3.46% Value differences in this neighborhood ranged from - 12.53% to 6.36% with an average affect of - 4.05 %. Data from this subdivision indicates that sales with immediate views of well sites are impacted negatively by proximity to the well. The sale at 1700 Wickwood has a partially obstructed view of the well site and it is the only sale out of the four from this neighborhood that does not indicate well proximity impact. 68 Resources Point A represents 2601 Winthrop Hill Road, Argyle, TX FLowER MOUND DRILL SITE STUDY BUTTON SITE COMPARABLE SALES ANALYSIS Canyon Oaks is the nearest neighborhood to the Button well site which was drilled relatively recently. The neighborhood is located in Copper Canyon on the west side of Copper Canyon Road, north of FM 407. Average sale price in this neighborhood is about $400,000, with estate -size lots. One home was found to have sold near the well site after drilling. It is located across Copper Canyon Road from the drill site and has a view of the site from its back yard. The well was drilled in June of 2008 and the nearest sale occurred in late June of 2008, Negotiations for the property would have been taking place while the drill site was in preparation. Therefore, any change in property. value attributable to proximity to the well site should reflect the near -term affect. Set I The drill site appears to have impacted the purchase price of the property by about - 13.45 %. In terms of whole dollars, the house sold for $324,000, while the comparable properties sold for an average of $397,000, before adjustment. Comparables that were over 200 square feet in living area difference were adjusted by 5% to account for size differences. No adjustment for date of sale was necessary since it appears sale prices in the neighborhood have been stable, as illustrated below. Year Average Sale Price per 51{ 2007 $111.47 2008 $110.09 2009 $112.92 2010 $112.87 69 RewuEces 544 Can on Oaks 175 Pheasant 440 Canyon Oak 160 Canyon Oak 150 Canyon Oak Distance in Feet 581 2 739 1 1,531 Sale Date 6/20108 7111108 8112/08 719109 12/21/09 Gross Living Area 3,113 3,870 3,400 3,084 3,255 Lot Size (AC) Average Average Avenge Average Average Well Yes N© No No No Sale Price $324,000 ,$427,500 $405,000 $380,500 $375,000 Sale Price /SF $104.08 $110;47 $119.12 $123.38 $1)5.21 Sale Date Adjustment 0% $0.00 $0.00 $0:00 $0.00 SF Adjustment 200 $895 $3.86 $0.00 $0.00 Ad'usted.Sale Price $144.08 $119.42 $122.98 $123.38 $115.21 Sale Price Comparison: 1-Iouse Near Well $104.08 Houses off Well (Average) $120.25 Difference - $16.17 % Difference - 13.45% The drill site appears to have impacted the purchase price of the property by about - 13.45 %. In terms of whole dollars, the house sold for $324,000, while the comparable properties sold for an average of $397,000, before adjustment. Comparables that were over 200 square feet in living area difference were adjusted by 5% to account for size differences. No adjustment for date of sale was necessary since it appears sale prices in the neighborhood have been stable, as illustrated below. Year Average Sale Price per 51{ 2007 $111.47 2008 $110.09 2009 $112.92 2010 $112.87 69 RewuEces FLOWER MOUND DRILL SITE STUDY CONNED SITE COMPARABLE BALES ANALYSIS The Connell site is located adjacent to the Lexington Park subdivision in Denton. It is primarily a spec -home subdivision. The welt was drilled in 2003 and the subdivision was constructed following. The neighborhood is located west of Teasley Lane between E. Ryan Road and Hickory Creek Road. Average.sale price in this neighborhood is about $175,000. One home was found to have sold near the well site after drilling. It is located immediately adjacent to the well site and also backs up to a small lake. The lake is considered to be a positive externality. The House was constructed in 2008; a full five years after drilling took place. Therefore, any change in property value attributable to proximity to the well site should reflect the tong -terra affect. The site is infrequently visited but truck traffic must drive in front of the house on .Bay Meadow Drive to access the site. HR 70 integra Realty Resources The drill site appears to have no impact on the purchase price of the property, even though it is less than 300 feet fronn the wellhead. In fact, it appears that the proximity to the lake -vas a much more important factor in sale than the well. Set 1 4316 BaV Meadow 2104 Fairmount 2405 Belmont 2201 Del Mar 2300 Prescott Distance in Beet 295 655 1,539 1,556 1,293 Sale Date 7/15/09 6110110 4123/09 6130130 9/15/109 Gross Living Area 2,683 2,663 2,683 2,818 2,984 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price S240,000 $204 $210,000 S385,000 S230,000 Sale Price /S3' $89.45 $75.51 $78.27 $65.65 $37.08 Sale Date Adjustment 0° /u $0.00 $4.00 $000 $0.00 SF Adjustment 200 $0.00 $0.00 50.00 $3.12 Ad'ustedSate Pricc $89.45 $76.61 $78.27 $65.65 $84.20 Sale Price Comparison: House Near Well $89.45 Houses off well (Average) $75.18 Difference $14.27 % Difference 18.98% HR 70 integra Realty Resources The drill site appears to have no impact on the purchase price of the property, even though it is less than 300 feet fronn the wellhead. In fact, it appears that the proximity to the lake -vas a much more important factor in sale than the well. FLOWER MOUNo DRILL SITE STUDY COM PARABLE SALES ANALYSIS CROWN- WRIGHT SITE The Crow - Wright pad site 4 is located near Tour 18 in west Flower Mound. Tour 18 is a master- planned and gated community. 'Homes in the area of the sale below are typically 6,000 to 7,000 square feet. A compressor station is located near the Crow - Wright pad 4 that services a natural gas transmission line. The well was drilled in April of 2007 and the house at 8904 Balturol sold in June of 2010. The sale is a trustee sale from foreclosure so the property should exhibit a marked price differential from surrounding market transactions and from properties located farther from the well and compressor station. The compressor station can be seen through the trees from the house: and from the second story. The house is not located immediately adjacent to the natural gas facilities and it is a foreclosure, making it less than ideal for comparison. However, it is one of the few upscale houses in the Flower Mound area that is located near a compressor station. Only sales that are not located on the golf course were utilized, which caused us to limit the number of comparables to three. Set 1 71 8904 Baltusrol 5701 Lighthouse 6104 SawgrasS 6009 Pine Valley Distance in Feet 1,274 4 3,473 2,194 Sale Date 6/25/10 2/17/10 9/25/09 17129/09 Gross Living Area 6,806 7,503 6,029 6,067 Lot Size (AC) Average Average Average Average Well Yes No No No Sale Price $769,900 $875,000 $900,000. $699,00€1 Sale Price /SF $113.12 $116.62 $149.28 $115.21 Sale Date Adjustment 0% $0.00 $0.00 $0.00 SF Adjustment 300 $5.74 47.96 47.53 Adjusted Sale Price $113.12 $1.22.36 $141.32$107.69 Sale Price Comparison: House Near Well $113.12 Houses off Well (Average) $123.79 Difference - $10.67 Difference 462% The results of this set show a negative price differential. However, this property was a foreclosure and it required substantial remodel after purchase. Therefore, we consider these results to be inconclusive. 71 FLOWER MOUND DRILL SITE STUDY CUMMINGS C WEST SITE COMPARABLE SALES ANALYSIS The Cummings C West site is located east of Red Rock (Tarter) Road in Flower Mound, just north of FM 1171. It is not located adjacent to any residential subdivisions. However, a sale at 4424 Glen Oaks occurred in December of 2009. The well was drilled in September of 2009. The house is within one -half mile of the drill site, which has had operations ongoing since drilling began. There is a tree buffer between the house and the drill site. This sale is included because it is a high dollar value purchase, if there is an impact on the purchase price at this distance it could indicate how well proximity affects upscale homes. Set 1 The drill site appears to have no impact on the purchase price of the property. It is either too far or its view is obstructed so as to be of little importance. 72 Integra Reahy Resources 4424 Glen Oaks 600N Gibbons 715 Co - er Woods 1540 Clenview.000 Copper C" you Distance in Feet 1,882 2,397 4,830 2,179 2,972 Sale Bate 1218/09 2127109 514109 71610 4128/10 Gross Living Area 5,024 5,367 4,697 5,365 5,312 Lot Size (AQ Average Average Average Average Average Well Yes No No No No Sale Price $885,000 $740,000 $7$9,0)0 $761,500 SI,000ON Sale Price /SF $176.15 $137.8$ $16198 $141.94 $188.25 Sale Date Adjustment 0% $0.00 $0.00 50.00 $0.00 SFAd "ustment 30€1 $4,15 -$4.52 $4.13 $0.00 Adjusted Sale Price $176.15 $142.03 $163.46 $146.07 $188.2.5 Sale Price Comparison: House Near Well $1 Houses aff Well Average) $154.95 Difference $16.20 % Difference 10.13% The drill site appears to have no impact on the purchase price of the property. It is either too far or its view is obstructed so as to be of little importance. 72 Integra Reahy Resources FL0WER (MOUND DRILL SITE STUDY DENTON COUNTRY CLUB COMPARABLE SALES ANALYSIS The Denton Country Club (DCC) site is located east of SH 377 in Argyle, south of Denton. The site has five visible wellheads; storage tanks, and related facilities. The Country Club Village subdivision is located near the site with the closest sale being about 950 feet from the wellheads. The sale and other houses along Fairway Drive have a clear view of the well site and the storage tanks. The earliest well was drilled in November of 2006, while most houses were constructed from 2004 to 2007. There is some vegetation between the subdivision and the well but most is low scrub. Houses in the subdivision average around $500,000 to $550,000. Set i - . ....... IFR 73 I nteg r a Rea 9Y54y (C s Yie)i of the horses on Fairway Drive from the DCC well site with wellheads in foreground 3308 Fairway Dr . 8209 $awE sass 3200 Fairway D 8208 Saw rass 3216 Clubview Distance in Feet 948 1,590 1,201 1,379 1,728 Sale Date 613/07 6118!07 8114/07 9116108 5115109 Gross Living Area 4,190 4,243 3,117 3,516 5,016 Lot Size (AQ Average Average Average Average Average Well Yes No No No No Sate Price $539 $544,000 $463,000 $465,000 $555,000 Sale Price /SF $128.64 $128.21 $148.54 $132.25 $110.65 Sale Date Adjustment 6% -$0.32 -$1.76 - $10.24 - $12:95 SF Adjustment 200 $0.00 - $22.32 - $12.43 $10.68 Ac1'nsted Sale Price $128.6a 5127.90 $124.47 $109.59 $108.37 Sale Price Comparison: House Near Well $128.64 Houses off Well (Average) $117.58 Difference $11.06 %Difterence 9.41% The. drill site appears to have no impact on the purchase price of the property, which was found to be 9.41% higher than the comparables. - . ....... IFR 73 I nteg r a Rea 9Y54y (C s Yie)i of the horses on Fairway Drive from the DCC well site with wellheads in foreground FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES A NALYSIS ENGLER SITE The Marshall Ridge subdivision wraps the Engler well site in Keller. It is located off SH 377 north of Ridge Pointe Drive. The site has three visible wellheads, storage tanks, and related facilities and is surrounded by a brick wall. It shares a property nine with the neighboring subdivision. Marshall Ridge is a Meritage Homes subdivision and is mostly spec. Houses in the subdivision range from $200,000 to $400,000 and were built in 2008 and 2009. Construction in the development is ongoing. The wells were drilled in 2006. Set 1 1728 Sterling Trace 416 Misty Ride 1970 Lewis Cross 1920 Lewis Cross 1743 Sterling `1'r Distance in Feet 225 976 1,558 1,492 484 Sale Date 5/26109 11/17/09 5/3/10 2119110 513110 Cross Living Area 3,046 3,046 2,978 2,600 3,721 Lot Size (AC) 0.25 0.20 0.16 0.16 0.275 Well Yes No No No No Sale Price $325,200 $313,000 $283,990 $235,000 $386,500 Sale Price /SF $106.76 $102.76 $95.36 $90.38 $103.87 Sale Date Adjustment 0 0 /0 $0.00 $0.00 $4.00 $0.00 SFAdjustment 300 $0.00 $0.00 - $6.85 $7.24 Lot Size Ad ustrwnt 5% $0.00 $4.77 $4.52 $0.00 Adjusted Sale Price $106.76 $1 02.76 $100.13 $88.05 $111.11 Sale Price Comparison: House Near Well $106.76 Houses off Well (Average $100.5.1 Difference $6.25 % Difference 6.22% Set 2 1736 Sterling Trace 319 Hidden Cove 305 Ckeekhaven C 1721 Grand Meado 424 Crystal Glen Distance in Feet 281 473 800 1,975 1,125 Sale Date 7/7/10 7/23/09 9/29148 11/6109 10/29/09 Gross Living Area 4,894 4,800 3,724 3,200 3,517 Lot Size (AC) 0.28 0.30 0.3 0.16 0.187 W ell Yes No No No No Sale Price $375,000 $469,812 $343,000 $250,000 $300,000 Sale Price /SF $76.62 $97.88 $92.11 $78.I3 $85.30 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 300 $0.00 - $10.81 - $18.21 - $13.47 Lot Size Ad'usttRent 5 0 10 $0.00 . $0.00 $3.91 $4.26 Adjusted Sale Price $76.62 $97.$8 $81.30 $63.82 $76.14 Sale Price Comparison. House Near Well $76.62 Houses affWell(Avera e $79.77 Difference -$3.15 % Difference -3.95% 74 Resources FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS ;Set 3 1740 Sterling Trace 319 Flidden Cove 305 Creckhaven C 1721 Grand .Meado 424C stal Glen Distance in beet 320 473 800 1 1,125 Sale Date 020/09 7/23/09 9/29/08 1.116/09 10129109 Gross hiving Area .4 4,800 3,724 3,200 3,517 Lot Size (AC) 0.32 0.30 03 0.16 0.187 Well Yes . :No No No No Sale Price $391,667 $469.812 $343,000 $250,000 $300 Sale Price /SF $96.90 $97.88 $92.11 $78.13 $85.30 Sale Date Adjustment 0° /a $0.00 $0.00 $0.00 $0.00 SFAdjustmeait .300 $5.69 -$3.08 49.48 -$5.38 Lot Size Adjusti ent 5% $0.00 $0.00 $191 $4.26 Adjusted Sale Price $96.90 $103.57 $89.03 $72.55 $84.19 Sale Price Comparison: House Near Well $96.90 HOUSe off W_ ell (Average) _ .. $87.33 Difference $9:57 % Difference 10.95% Sale prices in the subdivision appear to be stable enough to not warrant tinre adjustments, as illustrated by the chart and table below. Year Average Price /SF 2008 $92.11 2009 $94.77 2010 $95.36 It appears the builders of the Marshall Ridge development have made lots larger (and thus more desirable) near the Well site to offset possible value changes as a result of near proximity to the wells. This appears to equalize if not overcompensate for any loss in value due to proximity to the well. The lots that are farther from the well are smaller and therefore have smaller grouses but the small lots also make the overall property less valuable, all else equal. 76. Resources FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS SAM WILSON SITE 1 The Sam Wilson Site is a large collection facility located south of FM 1171, east of Scenic Drive in Flower Mound. The site has nine wells, a lilt station, compressor station., and related facilities. It is a large site also known as the Wilson Compressor Station. No residential subdivisions are located in close proximity to the site: However, several upscale homes are located within a half -mile of the subject. Only one sale could be found near the site and it is more than one -half mile away. It is included in this study because it is the highest dollar amount of any property in this study at $1,300,000. Additionally, primary access for the neighborhood is from Scenic Drive, directly past the large site. The sale is located on Kensington and is very nearly the top of the market in this area. Set Y 76 5200 Kensin ton 4141 High Rd 6104 S.a 5300 River Hill 5609 Muirfield Distance in Peet 2,876 2,983 3,473 4,117 3,515 Sale Date 2/15109 1 /10108 9/25109 6/30/08 12/8109 Gross Living Area 5,799 5,691 6,029 4,426 7,038 LotSize(AQ Average Average Average Average Average Well Yes No No No No sale Price $1300,000 $I,160,000 5900,000 $879,900 $1,500,000 Sale Price /SF $224.18 $203.83 $149.28 $198.80 $213.13 Sale Date Adjustment 0 /0 $0.00 50.00 $0.00 $0.00 SFAdjustment 300 50.00 $0.00 $24.55 $13.93 A justed Sale Price $224.18 $203.83 $149.28 $174.25 $227.06 sale Price Comparison: House Near Well $224.18 Houses off Wen Averse $188.61 Difference $35.57 % Difference 18.86% In this data set, no impact on the sale price could be found. With high -end homes, the valuation process is already a difficult oronosition without attemoting to isolate the impact of one factor on value. 76 FLOWER MOUND DRILL S ITE STUDY C OMPARABLE SALES ANALYSIS SAM WILSON SITE 2 The Sam Wilson Site is located in the "Town of Flower Mound while the nearest subdivision, Cross Timbers 6, is in the municipality of Rouble Oak. The site has one visible well head and four storage tanks. There is limited visibility of the site from Knob Hill Lane and most houses enjoy a thick free buffer. Most houses in this neighborhood were constructed in the 1980's and 90's and sales prices range from $230,000 to $400,000. The well was drilled in October of 2005. Set t Given trends in the area, as illustrated below, values appear to be stable and no time adjustments are warranted. . $170.00 $150.00 130.00 $110.00 $90.00 S70.00 $50.00 160 Knob Hill 100 Woodland 760 Simmons 170 Woodland 230 Shaqy Hill Distance in Feet 957 2,286 2,540 3,363 3,078 Sale Bate 12/12/08 2113/10 919108 9129109 319107 Gross Living Area 2,725 2,530 3,314 3,386 3,747 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Prke 5313 0 ©0 $289,900 $292.500 $350,000 $352,000 Sale Price /SF $114.86 $114.58 $88.26 $103.37 $93.94 Sale Date Adjustment 0% $0.00 $0.00 $0.00 $0.00 SF Adjustment 300 $0.00 $7.32 $8.04 $11.24 Adiosted Sale Price 5114.86 $114.58 $95.58 $1.11,41 .$105.18 Sale Price Comparison: House Near well S 114.86 Houses off Well (Average) $106.69 Difference $8.17 % Difference 7.66% Given trends in the area, as illustrated below, values appear to be stable and no time adjustments are warranted. . $170.00 $150.00 130.00 $110.00 $90.00 S70.00 $50.00 All sales were located within one -half mile of the wellhead. After adjusting for gross living area, no discernable difference was found between the sale closest to the wellhead and those over 2,200 feet from it. 77 Integra Realty Re5WCr Sale Prig per SF Over Time 00� . 009 �yo cal 0 � 00 00 00 b rP All sales were located within one -half mile of the wellhead. After adjusting for gross living area, no discernable difference was found between the sale closest to the wellhead and those over 2,200 feet from it. 77 Integra Realty Re5WCr Sale Prig per SF Over Time LOWER MOUND DRILL SITE STUDY COMPARABLE .TALES ANALYSIS TRQPHY CLUB The "Trophy Club site is located east of the intersection of Marshall Creek Road and 'Trophy Club Drive in Trophy Club, Texas. Construction of the subdivision around it is ongoing. The three wells on the site were drilled in 2005. According to records submitted to the Texas Railroad Commission, production is slowing. The well site at this location has a masonry wall surrounding it. Houses in this neighborhood are around 4,000 square feet and average about $400,000. The sales center for Centex Homes reports that the well activity is slow and they do not discount houses adjacent to well sites. However, tile following sale indicates otherwise. set 1 Sale Price Comparison: 2521 Strathfield Ln 2512 Mona Vale 2516 Ralston 2506 Bellshill L 2609 Strathfiel Distance in Feet 246 1,032 774 .1,144 826 Sale Date 12118109 1 /14/10 11125/09 10/23/09 9124/09 Gross Living Area 4,043 3,879 . 4,014 4,343 4,391 LtitSize (AC) Average Average Average Average Average Well Yes No No No No Sale Price $340,000 $389,000 $425,000 $410,550 $375,008 Sale Price /SF $84.10 $100.28 $105.88 $94.53 $85.40 Sale Date Adjustment 0 0 /0 $0.00 $0.00 $0.00 $0.00 SF Adjustment d -$1.59 -$027 $2.60 $2.98 Adjusted Sale Price $84.10 $98.69 $105.61 $97.13 $88.38 Sale Price Comparison: House Near Well $$4.10 Houses affWell(tLvera e $97:45 Difference - $13.36 % Difference - 13.71% The sale at 2521 Strathfield Drive shares a property line with the well site. It indicates a discount of - 13.71% as compared to houses off the well site. In whole dollars, the house adjacent to the well sold for $340,000 while its paired sales sold for $375,000 to $425,000. Ili Vieiv of the Trophy Club 3vellheads with house on Strathfteld Lane in the background FLOWER MOUND DRILL SITE STUDY WHYBURN UNIT COMPARABLE SALES ANALY The Whyburn Site is located west of Copper Canyon Road, north of Golf Club Drive in Copper Canyon, Texas. The subdivision that neighbors it is the Crescent addition to the Lantana master- planned community. The community is not located on the golf course and is comprised of small lots. .Houses in this neighborhood are priced in the $250,000 range. They were constructed from about 2003 to 2005 and the well was drilled in July of 2007. The well site does not share a property line with the residences but it is very close. The sale below is the only house that is immediately adjacent to the well site. ,Set I 1141 Golf Club Drive 1230 Central Way 1101 Mission Lane 1190 Central Way 1110 Capital Drive Distance in Feet 406 1,199 991 1,383 857 Sale Date 418110 9/10108 6129109 10/15/09 216/08 Gross Living Area 2,903 2,822 2,856 2,873 3,377 Lot Size (AC) Average Average Average Average Average Well Yes No No No No Sale Price $248,000 $264,500 $249,900 $260,000 $278,000 Sale Price /SF $85.43 $9333 $87.50 $90.50 $82.32 Sale Bate Adjustment 0 0 /0 $0.00 $0.00 $0.00 $0.00 SF Ad'ustimat 200 $0.00 $0,00 $0.00 $4.93 Adjusted Sale Price $85.43 $93.73 $87.50 $90M $87.26 Sale Price Comparison: House blear Well $85.43 Houses off Well (Average) $89.75 Differ , ence -$4.32 % Difference -4.81% 79 Reaufes The sale at 1141 Golf Club indicates a discount of about -4.81 % for its.proximity to the well. FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS COMPARABLE SALES SUMMARY Sales of residential properties near well sites in the Flower Mound /Argyle area and surrounding communities were analyzed to determine if proximity to well sites influenced sale price. The natural gas market in the Flower Mound area is relatively young and few sales around well sites have occurred, especially around upscale homes. However, what little data is available in the area points to a marginally negative impact on residential property within a certain distance. The results of the paired sale data is shown below. Comparable Sales Results Site Set Distance ft Difference Avera a Sale Price in Subdivision Chapel Creek 1 980 - 116% $115,000 Chapel Creek 2 1,100 0.72% $115,000 Chapel Creek 3 1,170 2.66% $115,000 Chapel Creek 4 1,150 - 6.25% $115,000 Chapel Creek 5 910 - 1.84% . $115,000 Chapel Creek 6 980 3.18% $115,000 Chapel Creek 7 1,120 5.57 % $115 Alliance- Saratoga 1 711 8.76% $220,000 Alliance - Saratoga 2 946 2.46% $220,000 Alliance - Saratoga 3 830 - 9.55 %p $220,000 Alliance - Saratoga 4 756 131% $220,000 Whyburn Unit 1 406 - 4.81% $255,000 Van Zandt Farms 1 680 3.89% $290,000 Van Zandt Farms 2 790 _ 0.80% $290,000 Van Zandt Farms 3 790 15.54% $290,000 Van Zandt Farms 4 710 - 0.79% $290,000 Van Zandt Farms 5 710 5.11% $290,000 Van Zandt Farms 6 710 12.20% $290,000 Van Zandt Farms 7 710 12,04% $290,000 Van Zandt Farms 8 890 - 4.27% $290,000 Van Zandt Farms 9 730 - 13.31% $290,000 Van Zandt Farms 10 640 - 2.77% $290,000 Sam Wilson 2 1 957 7.66% $300,000 Engler 1 225 6.22% $310,000 Engler 2 281 -3.95% $310,000 Engler 3 320 10.95% $310,000 Button 1 581 - 13.45% $390,000 Trophy Club . 1 246 -13.71% $390,000 Hills of Argyle 1 574 0.81% $425,000 Hills of Argyle 2 597 - 6.57% $425,000 Hills of Argyle 3 624 - 12.53% $425,000 Hills of Argyle 4 620 - 3.46% $425,000 DCC 1 948 9.41% $505,000 Crow-Wright* 1 1,274 - 8.62 %n $I,025,000 Averages 739 0.23% $274,394 *The Crow - Fright sale was a foreclosure. The comparable sale sets indicate a range in value difference from -13.71% to x-15.54 %, with an average of 023 %. This wide range above and below zero could lead one to the conclusion that the imperfect nature of the real estate market provides insufficient conclusive evidence of influence as a result of well proximity. However, the data set ranges both in geographic region surveyed and distance from well sites. Sites from various regions of Tarrant County and southern Denton were included to broaden the scope of research. While they are useful in aiding our understanding of how well sites impact value, they increase variance in the data. In order to MT) 80 FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS provide more specific insight into the Flamer Mound market, we selected the comparable sets that are either in Flower Mound or share similar market characteristics. The following table shows well sites grouped by those considered comparable to the Flower Mound Market and those outside the market. The weighted average of the Average Value Difference is only 0.52 %. Comparable Sales Results by Similarity Flower Mound Comparable Sites Number of Sets Average Distance (ftj Average Value' Difference Hills of Argyle Argyle 4 604 -5.44% Button Copper Canyon 1 581 - 13.45% Crow - Wright Flower Mound 1 1,274 - 8.62 %* DCC Argyle 1 948 9.41% Saar Wilson 2 Flower Mound 1 957 7.66% Trophy Club Trophy Club 1 246 - 13.71% Whyburn Unit Lantana 1 406 481 %0 Sites in Other Areas dumber of Sets Average Distance ft Average Value Difference Alliance- Saratoga Fort Worth 4 811 0.85% Little Chapel Creek Fort Worth 7 1,059 0.13% Van Zandt Farms Fort Worth 10 736 .2.68% Engler Keller 3 275 .4.41% Connell Denton 1 295 18.98% When sorted in the above manner, gone of the sites that are considered to be outside the Flower Mound market exhibit any diminution in value resulting from well proximity. To further narrow our scope, the comparable sets from the Flower Mound - comparable sets that are displayed in the following table. Flower Mound - Comparable Sales Results Site Set Distance ft Difference Average Sale Price in Subdivision Hills of Argyle 1 574 0.81 % $425,000 2 597 - 6.57% $425;000 3 624 _12.53% $425,000 4 620 -3.46% $425,000 Button 1 581 - 13.45% $390,000 DCC 1 948 9.41% $505,000 Sam Wilson 2 1 957 7.66% $300,000 .Trophy . :ELophy Club 1 246 -13.71% $390,000 Wlryburn Unit 1 406 - 4.81% $255,000 Average 617 - 4.07% $393,333 The above table is thought to most accurately represent the extent of the meaningful data regarding well proximity to residential property in the Flower Mound area. The average distance in the data set is 617, with an average difference of - 4.07% and the average sale price is $393,333. The Crow- Wright sale was removed because it was a foreclosure sale that did not reflect market conditions. When viewed in this manner, the maximum distance at which a negative impact was measured is 624 feet. 81 FLOWER MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS The above scatter plot charts the value difference recorded from each set, whether positive or negative. Somewhere between 600 feet and 1,000 feet the impact on proximity to a well dissipates. When applied to the data, the linear trend line crosses 0% impact at about 750 feet. The only house that exhibited a positive value difference for its proximity to the well site was the house located at 1700 Wickwood lane in the Hills of Argyle and there is a house between it and the well site that is on the property where the well is located. Note that this chart applies only to houses in Flower Mound in close proximity to wells. Without exception, the only sales that were observed to have a measureable impact on property value are the residences that are on the border of the neighborhood. That is to say, to be impacted the house roust very nearly share a property line with the well site. In the case of the Button site, the impacted property is across the road from the well site. At the Whybum Unit, there is about a twenty-foot gap between the well site pad and the back fence of the affected house. Also of note, in the neighborhoods where a negative impact was observed, the lowest average property value from the subdivision was around $255,000. That occurred in the Crescent addition of Lantana where sale prices in most other additions are greater than this. Lantana is a master- planned community with golf course amenities. All other subdivisions had average sale prices between $300,000 and $500,000. The maximum recorded sale price of any of the sites where a diminution in value was measured was $750,000 (with the exception of the foreclosure at the Crow- Wright site). There was a high degree of variance in the data sets, ranging from - 13.71% to +15.54 %. We compared the percentage impact measured from each set to the average sale price in each data set, For the entire project area researched, we found that generally speaking, houses in the lower price ranges did not exhibit as large an impact as houses at higher price points: This is illustrated in the chart below. It is important to note that this chart does not take into consideration the various distances from the wells for each category, and the average of each group is shown. UZ MOUND DRILL SITE STUDY COMPARABLE SALES ANALYSIS Impact by Housing Values AII.Sites. The same recorded considers illustrate! i i ;e impact up was a ng chart 83 Res (Cr s FLOWER MOUND DRILL. SITE STUDY COMPARABLE SALES ANALYS The following observations in the data can be made. I , The data shows that impact is highly dependent upon the area in which the property is located, even so far as to vary from subdivision to subdivision, 1 The data illustrates that the farther from a well site a property is the less likely it is to be impacted by that proximity. 3. Lastly, we noted that if visual buffer is present. between a house and the well site, such as trees or other structures, the impact on property value is quickly diminished. While the sales comparison method did not indicate a diminution in value for higher priced homes outside the dower Mound area, this does not mean there is no impact. It simply means no impact was found in. the data collected. With any project; one would hope to find that most sales would indicate a notable and measureable impact on property value as a result of well site proximity. That is, does the data give you a "yes" or a "no" response. With such a high degree of variation in the data, we additionally utilized statistical analysis in an attempt to eliminate at least part of that variation. That analysis follows. 84 R¢3tlur[es FLOWER MOUND DRILL SITE STUDY STATISTICAL ANALYSIS STATISTICAL ANALYSIS We performed statistical analysis on houses that have sold in proximity to well sites, compressor stations, and collection facilities where possible to see how the distance from these facilities impacts sale prices. The statistical tool of choice is the .multiple linear regression package in Microsoft Excel. Linear regression uses the processing power of computers to place an incremental value on one or-more elements of comparison. Elements of comparison (variables) are things like the square footage of a building, the size of a lot, or the number of bathrooms: The regression model derives a formula from the data the appraiser collects. In other words, it builds a model of reality based on the sample data we give it. It works very much like paired sale analysis that appraisers often utilize, except that it measures more than one element at a time. There are three major benefits of this type of analysis: 1. The model.estimates differences in value that cannot be estimated through traditional methods. Paired sales analysis requires that two sales be virtually identical in every way except the element being studied in order to determine its affect on value. Regression allows for multiple properties to be used that differ in multiple ways, as long as the quantity of properties (sample size) is large enough. 2. The model removes subjectivity from the appraisal process. It reduces "cherry- picking" the sales that will give you the answer you are looking for. When multiple properties are all utilized from a neighborhood, there is less likelihood that properties give a result contrary to the predilection of the analyst. 3. The model can estimate differences between related elements that you would otherwise not be able to easily separate. for example, it can tell you how value changes based on .the number of bathrooms separate from the square footage of the building. For our purposes, the statistical model does not have to result in an accurate representation of the market in every aspect. It need only tell us whether or not the various elements of comparison are statistically significant or not. If so, the estimate of the contributory value of that element will then provide an indication of the degree to which that element affects value. The common elements of comparison we utilized in our study are listed below. Regression Elements of Comparison (Explanatory Variables) Well Distance — Distance in feet from the nearest wellhead to center of house rooftop Time Trend W Time in months from earliest sale date (I= oldest date) GLA Square feet of gross living area .Lot Size Size of lot in square feet Age Age of house as compared to the year 2010 Beds = Number of bedrooms Baths _ Sum of the number of full and half bathrooms Garage = Number of garage spaces In addition to well distance, these are common adjustment categories which are routinely made in the appraisal process. Experimentation with other variables was also conducted but they either did not improve the accuracy of the model or there was an insufficient number of observations. The more elements of comparison that are utilized the larger the sample size must be, so if at all possible, neighborhoods that are fairly uniform in quality, size, and vintage were utilized to reduce margins of error. The data analyzed in this analysis is gathered from the North Texas Multiple Listing Service (MLS) and is not guaranteed to be 100% correct. However, it is considered to be reasonably reliable. Sale date, square footage, year of construction, and the number of bedrooms, Baths, and garage spaces are as reported from the MLS. Well distance is either measured manually by scaled aerial photography, or by geo- coding software. Lot size is either as reported by the MLS (when available) or appraisal district. The focus of regression analysis is to find a linear relationship between all of the sales data that reduces variations in value (sum of least squares). The sample (sales utilized in the study) is analyzed to determine how likely it is to be different from the total population of all houses in the neighborhood. Two indicators of reliability are used to determine how likely the results of the sample are to be different from the total population. They are the "t -stat" and "p- value." For purposes of this study, rule-of-thumb benchmarks will be utilized to determine the significance of our findings. The following explanations of the t -stat and p -value are simplistic in nature to aid in the reader's understanding of the data presented. 85 tolegra Realty Rmurces FLOWER MOUND DRILL SITE STUDY STATISTICAL ANALYSIS T -Stat The t -star is a measure of the statistical significance of a variable (such as distance from a well site) in explaining sale price. It takes into consideration the standard error of the model and the value of the variable determined by the model. In other words, it measures how far the standard error is from zero. The rulc -of- -thumb indicator of significance is any t -scat greater than -+-2 or less than - 2 is acceptable. The higher the t -stat, the more confidence we can have in the predictive ability of the element (coefficient). Conversely, low t -stars mean less confidence that the element of comparison really does affect value. P -Value The p -value is a probability. Therefore, it will range from 0 to 1 (0 % to 100 %). it indicates how well the sample represents that general population. In other words, how likely is it that the sample of homes sales we have analyzed DOES NOT represent the total population of houses in that neighborhood. A p -value of .05 means there is a 5% chance (if the average price per square foot is the same between the sample and the total population) that the true answer is different from what we observed. It does not mean that we are 95% likely to be correct. Our rule of thumb is less than or equal to 5% for p- values so a p -value greater than .05 means the answer the model came up with is not statistically significant, Statistical Significance P4values and t -stats give an indication of how "significant" the findings of the model are relative to real life. Statistical significance differs from the common definition of significance in that.it is relative to the sample size. If the quantity of observations (house sales) in a sample is relatively large, small differences will be categorized as statistically significant. Therefore, if a sample size is small, differences in value must be quite strong to be classified as statistically significant because a small portion of the total number of house sales has been observed, Put in another way, statistical significance is a number that indicates the probability that the results of our study occurred by chance. The credibility of our study hinges upon the reliability of the data that has been gathered. However, real estate does not sell frequently and there can be vast differences in size, quality, location, et cetera, between houses. Therefore, this study does not utilize precise treasures of statistical significance beyond widely accepted "rules of thumb," which are +1 - for t -stats and less than or equal to .05 for p- values. This translates to a "margin of error" in our results of about 5% or a confidence level of about 95% that our results would be substantiated should the experiment be repeated. Basically, if a variable (element of comparison) is NOT statistically significant, whatever the model indicates its value to be is not statistically different from zero. For example, if the presence of .a storage shed is not statistically significant it is not likely to add or detract from the value of the home. So, even if the regression model assigns a value to a variable, (such as the presence of a storage shed) if it is not statistically significant, the value is statistically no different from zero. The regression output tables that resulted from our research are contained in the addenda of this report. They show the elements of comparison that were utilized to isolate the various components that comprise property values, including distance from natural gas sites. Our particular interest in this study is the affect of proximity to well sites on value. The following table summarizes our findings. LINEAR REGRESSION RESULTS Site Location Number of Sales Well Distance tstat p -value Significant? Alliance - Saratoga Fort Worth 100 -1.700 0.092 No Aune Lantana 80 -1.379 0.172 No Hills of Argyle* Argyle 51 1.907 0.063 No Bunn Flower Mound 324 -0.729 0.466 No Connell* Denton 67 -2.493 0.016 Yes Craw - Wright* (Tour -18) Flower Mound 32 -0.673 0.505 No Engler* Keller 19 -0.845 0.418 No Lawrence Denton 29 3.895 0.001 Yes Meece Double Oak 24 -1.976 0.067 No Lantana` Lantana 148 -0.428 0.669 No * Aggregation of sales near multiple gas wells in the same subdivision 86 Resources FLOWER MOUND DRILL SITE STUDY STATISTICAL.AN,ALYSIS The previous table lists the t -stat and p -value of the distance from a wellhead in each sample. The final column indicates if distance from the wellhead is significant or notat the 95% confidence interval. Only two out of the ten regression runs showed. distance from the well statistically significant in its. ability to impact sale price. The Connell site indicated. that as distance increases value should fall, which is counterintuitive. The sign of the t -stat indicates how distance from a .wellhead impacts value. A positive t -stat indicates that as distance from the wellhead increases, all else held equal, value .increases (as expected). A negative t -stat signifies that as distance from the wellhead increases, value falls . (not as expected). Only the Lawrence site. suggests proximity to a wellhead effects value significantly. Eight of the ten sites suggest no significant value diminution due to well proximity. TI ie previous table does not report to what extent distance impacts value, only that it does or does not. The presence of a well and proximity to it was not found to influence values. This conclusion is based on the fact that only one of the ten sites resulted in statistical significance for well proximity. What does this analysis tell us, if anything? Remember, "statistical significance is not the same as significance in common vernacular. Statistical significance only tells us if there is enough consistency in the data to repeat the same results. The regression analysis does two things: I. The statistical analysis confirms that the price distance relationship methodology initially used in this study is indeed a valid technique. The price - distance relationship measures only two elements: price per square foot and distance from the wellhead, Many other variables are pertinent to the valuation of residential properties such as room count, quality of construction, lot size, age of the improvements, etc. Regression attempts to quantify other elements of comparison so as to isolate distance from the well. .In the price - distance study we often found that proximity to the wellhead did not decrease values. When other variables were considered in the statistical analysis, we found similar results. Both methods lead us to concludelhat proximity of houses to natural gas wells does not impact values significantly. 2. The comparable sale analysis (paired sales) technique showed..that only houses that are close to the well site and which. have no buffer between thern and the site can be negatively impacted. Linear regression is most. useful in situations where value gradients. exist. For example, office rents are typically highest in downtown'' areas and gradually decline as distance from the city center increases. If a gradient affect on residential values existed as a result of proximity to natural gas sites, regression would show a steady and consistent increase in value with increase in distance. That was not the case in our samples. We observed a high degree of inconsistent value changes as distance from the well sites increased. That is to say, there was no steady increase in values as distance from well sites increased. If proximity to a natural gas well was an important issue, one would expect most data to indicated well proximity lobe statistically significant in a negative direction. The regression output tables that resulted from our research are contained in the addenda of this report.. Note that not all sites analyzed via the two previous methodologies yielded suitable data for this statistical analysis. 87 Inlegea WRY ReS wes FLOWER MOUND DRILL SITE STUDY CONCLUSION The body of evidence in this study is inconclusive regarding a definitive, across - the -board rule as to the impact of natural gas well sites on residential properties. There does not appear to be a significant degree of influence as a result of well proximity in the area studied. However, certain conclusions can be drawn for the Town of Flower Mound. 1. Many market participants believe natural gas wells negatively impact property values. 2. Properties in lower price ranges do not appear to have as strong an impact (if any) as upscale homes. 3. Homes on small lots such as "zero lot line" properties (e.g. Magnolia Addition of Lantana) are less likely to be impacted by proximity to natural gas wells as homes on large lots. 4. Marketing time for houses during drilling operations appears to be extended. S. The only property subset to appear to be negatively impacted by proximity to natural gas sites are houses valued greater than $250,000 in the Flower Mound area. The greatest impact measured occurred where a house was immediately adjacent to a well site. a. Based on sales comparison data, the affect on houses in this category appears to be between about -3% and -14 %. The range in property value decline found in price - distance relationships was about -2 to -7% in the Flower Mound area. Statistical regression analysis found no statistically significant diminution in value, however. b. No definitive data pertaining to homes in subdivisions with average sale prices greater than $505,000 could be found. Logic dictates that all homes over the $250,000 threshold will be affected. Moreover, the effect may increase in more valuable neighborhoods. 6. Even in upscale communities, a property must be adjacent to a well site or on the outer edge of a neighborhood to be impacted. Any kind of buffer including vegetation, other houses, or sufficient distance will greatly reduce the impact on residential property values in the Flower Mound area. Residential properties in this study that were found to be negatively impacted were within 700 feet of the wellhead, measured from the center of the rooftop. 7. For houses not immediately adjacent to a well site and where there is no visual buffer between houses and well sites, the proximity effect disappears somewhere around 1,000 feet. 8. Data in at least one subdivision with resales of houses adjacent to well sites indicate that as time from the drill date increases, the affect on the property values appears to decrease. Sites with older wells exhibited the same result. This is likely due to the slow -dawn in activity on the site after the drilling rig is removed and screening is put in place. Additionally, as market participants become accustomed to the presence of natural gas facilities over time the affect on property values diminishes. 9. No discernable difference in property values could be found between low - impact sites with only wells on them and higher- impact sites that include compressor stations. However, most sites containing compressor stations utilized sound - baffling containment buildings and none were found in a proximity less than 1,000 feet to residences. The Town of Flower Mound and surrounding areas were examined to determine if market evidence suggested any impact of natural gas facilities on residential property. This region has not experienced substantial natural gas exploration and as a result observations in Flower Mound were limited. The conclusions made in this report are based on the best data available at the time. As the market matures more data will become available in the future for analysis. While our research included any natural gas facilities in the area, very few sites contain more than wellheads, metering devices, and tank batteries. The sites that contain gas lifts, compressors and other appurtenances in the region appeared to be too distant from neighboring houses to cause any measureable diminution in value. 88 Integra ReaLry Resources F LOWER MOUND DRILL. SITE STUDY CE CERTIFICATI ®N We certify that, to the best of our knowledge and belief I . The statements of fact contained in this report are true and correct. 2. The reported analyses; opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations 3. We have no present or.prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. C. Our compensation .for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which includes the Uniform Standards of Professional.flppraisal Practice (USPAP). 8. Daniel Wright, MAI has not personally inspected the well sites or neighborhoods contained within this study for the purpose of this study. However, Mr. Wright is familiar with these areas and has frequented them regularly. 9. Significant real property appraisal assistance, consisting of data collection and property inspections, was provided by Tom iny Pigg. 10. This appraisal is not based on a requested minimum valuation, a specific valuation or conclusion, or the approval of a loan. 11. We have not relied on unsupported conclusions relating to characteristics such as race, color, religion, national origin, gender, marital status, familial status, age, receipt of public assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is necessary to maximize value. 12. It is our opinion that the subject does not include any enhancement in value as a result of any natural, cultural, recreational or scientific influences retrospective or prospective. 13. We have experience in appraising. properties similar to the subject and are in compliance with the Competency Rule of USPAP. 14. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 15. As of the date of this report, Daniel Wright, MAI has completed the continuing education program of the Appraisal Institute. __ Daniel Wright, MAI Certified General Real Estate Appraiser Certificate ll TX-1329321 -G Dalton Vann General Real Estate Appraiser Trainee Certificate # TX133786- Trainee 89 FLOWER MOUND DRILL, SITE STU DY CERTIFICATION UU PR OFESSIONAL QUALIFICATIONS OF DANIEL PAUL WRIGHT, MA Nh•. Wright is a Director with the Fort Worth office of Integra Realty Resources DFW. Mr. Wright is also EXPERIENCE• responsible for project and personnel management of the Eminent Domain and Litigation group in Dallas/Fort Worth. Mr. Wright has been active in real estate valuation and consulting since 1995. Mr. Wright joined Appraisal/Data Services in 1996, which became part of Integra Realty Resources, Inc. in 1999. Mr. Wright started at the bottom of the corporate ladder and worked his way up using integrity and hard work, and has been a top producer every year since 2001 In May 2006, Mr. Wright was named one of the 40 under 40 by the Fort Worth Business Press, which recognizes individuals that have contributed significantly to the business climate in the Dallas/Fort Worth market. In April 2007, Mr. Wright was named an "Outstanding Alumnus" by the University of North Texas, which is an annual award reserved for three UNT alumnus. Mr. Wright has been a guest speaker and lecturer on valuation issues throughout Texas and other states. Mr. Wright has been and is currently involved in board level capacity with several trade organizations. Mr. Wright is qualified in Texas State Courts as an expert on real estate valuation. Mr. Wright has performed valuation and consulting services on various properties including, but not limited to, shopping centers, apartment complexes, industrial facilities, raw and developed land, office towers and complexes, motels, hotels, and mixed -use developments. Ile has acted as a broker in real estate transactions, provided consultation and feasibility studies, and has worked extensively on complex eminent domain and litigation assignments of all types of properties. Mr. Wright has worked on numerous unique valuations, such as utility corridors, easement interests, artial and undivided interests water towers, and billboards. Appraisal Institute -- Designated MAI Texas State Certified General Real Estate Appraiser LICENSED: (Member of Appraisal Institute), Certificate No. 12257 Certificate No. TX- 1329321 -G Texas Real Estate Broker Oklahoma Certified General heal Estate Appraiser License No. 0446939 Certificate No. 12861CGA Member: International Right-of-Way Association (Ih�WA) PROFESSIONAL Chapter 36 Director 2006 -2007 Chapter ACTIVITIES: Chapter 36 President 2004 -2005 Chapter 36 'Vice President 2003 -2004 Chapter 36 Secretary 20022003 Chapter 36 Education Chair 2000 -2003 Region 11 Education Chair 2005 - current 2013 Conference Bid Committee - current Board Member: Appraisal Institute -- Central Texas Chapter Vice President 2009 Chapter Secretary 2008 Chapter Treasure 2007 LDAC and Regional Representative 2008 -2009 Board Member: Greater Fort Worth Board of REALTORS® Trustee; First United Methodist Church of Mansfield Past Member: Tan lewood Homeowner's Association Bachelor of Business Administration (with honors) Successfully completed numerous real estate related EDUCATION• ' University of North Texas, Denton, Texas 1995 courses and seminars sponsored by the Appraisal Institute, accredited universities and others. Convenience Stores Face Tough Markets -- Fort Worth Star Telegram, February 17, 2003. EXCERPT OF EXCERPT OF Current Issues Impacting Billboards — Multiple Venues, 2004 -2009. Appraisal Methods for Estimating Damages - -Texas A &M University & other venues 2005 - 2009. & LECTURES: Current Issues Impacting Billboards — Uniform Act Symposium, Anaheim, CA — November 2005 A Market View on Real Estate vs. Personal Property and Inventory — Denver, CO, - June 2006, City's Condo Craze Doesn't Concern Industry Observers — Fort Worth Business Press, September 4, 2006 Eminent Domain Appraising in an Adversarial Environment -- CLE International — Austin, TX, January 2008 Planning and Zoning Implications on the Appraiser — Center for American & International Law— Plano, TX, May 2008 Tarrant County Forecast — Fort Worth, January 2009 Banks Paid Dearly to Build Out Local Branches — Fort Worth Business Press 1 Associated Press, March 23, 2009 UU FLOWER M OUND DRILL SITE STUDY CERTIFICATION PROFESSIONAL QUALIFICATIONS OF DALTON VANN EXPERIENCE• Analyst for the Fort Worth office of Integra Realty Resources DFW, 1,LP, a fall service real estate consulting ` and appraisal firm. Prior to joining Integra Realty Resources DFW, Mr. Vann worked as an analyst for C Circle X Appraisal Services in Bryan, Texas. With C Circle X, he assisted with HUD and Fannie Mae compliant appraisals, engaged in valuation for insurance underwriting and litigation work. Mr. Vann ,joined Integra. in December of 2007 and.bas consulted on properties including industrial facilities, hotels /motels, subdivisions office buildings, churches, ranclics, estates, residential units, aird raw land. Mr, Vann has several years of experience in the construction field. From 2000 -2002, he served as a Utilitiesrnan with the United States Navy, where he specialized in water main repair, and gained additional experience in water and sewer treatment and received a universal certification in beating Ventilation and Air Conditioning. He was deployed to Iraq. in 2005 where lie serviced water mains, installed water and sewer systems, and performed base maintenance. Prior to 2000, he performed commercial and residential electrical rougli -in and finish work in the Brazos Valley, Texas area. PROFESSIONAL Traince- License Texas General Appraiser Trainee (TX-1 337867-T) ACTIVITIES: Associate Member Appraisal Institute, Central Texas Chapter Member Society of Texas A &M Real Estate Professionals Fort Worth Chamber of Connneree International Right-of-Way Association, Chapter 36 EDUCATION: Texas A &M University Master ofLancl E'conotrires and Real Estate, 2007 Coursework included real estate law, Valuation I & II, urban economics, GIS, real estate finance. George Washington University Real Estate Case Study Competition. Texas A &M University Bachelor of Science, Agricultural Economics, Dual foci, 2005 ® Real Estate and Finance ® Policy and Analysis - - Coursework included econonretries, finance, environmental economics, appraisal and valuation, rural entrepreneurship, statistics. Completed the following courses through the Appraisal Institute: Appraisal Procedures Uniform Standards of Professional Appraisal Practice Site Valuation and Cost Approach Feasibility, Market Value, Investment Timing: Option Value General Appraiser Income Approach Paris I & 2 Market Analysis and Highest and Best Use USPAP Real Estate Finance, Statistics, and Valuation Modeling Business Practices and Ethics PUBLICATIONS Are We Out ofRecession7 Economics and Real Estate in 2010 — Right of Way Magazine March/April 2010 in In Resources FLOWER MOUND DRILL SITE STUDY ASSUMPTION AND LIMITING CONDITIONS in conducting this assignment, we have assumed, except as otherwise noted in our report, as follows: I. All titles are marketable and free and clear of all liens, encumbrances, encroachments, easementss and restrictions. All properties are under responsible ownership and competent management and is available for its highest and best use. 2. There are no existing judgments or pending or threatened litigation that could affect the value of the properties. 3. There are no hidden or undisclosed conditions of the land or of the improvements that would render the properties more or less valuable. Furthermore, there is no asbestos in the properties. 4. The properties are in compliance with all applicable building, environmental, zoning, and other federal, state and local laws, regulations and codes. S. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. Our appraisal report is subject to the following limiting conditions, except as otherwise noted in our report: 6. An appraisal is inherently subjective and represents our opinion as to the value of the property appraised. 7. The conclusions stated in our appraisal apply only as of the effective date of the appraisal, and no representation is made as to the affect of subsequent events. 8. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated. 9. No environmental impact studies were either requested or made in conjunction with this appraisal, and we reserve the right to revise or rescind any of the value opinions based upon any subsequent environmental impact studies. if any environmental impact statement is required by law, the appraisal assumes that such statement will be favorable and will be approved by the appropriate regulatory bodies. 10. We are not required to give testimony or to be in attendance in court or any government or other hearing with reference to the property without written contractual arrangements having been made relative to such additional employment. 11. We have made no survey of the property and assume no responsibility in connection with such matters. Any sketch or survey of the property included in this report is for illustrative purposes only and should not be considered to be scaled accurately for size. The appraisal covers the property as described in this report, and the areas and dimensions set forth are assumed to be correct. 12. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in our appraisal. 13. We accept no responsibility for considerations requiring expertise in other fields. Such considerations include, but are not limited to, legal descriptions and other legal matters, geologic considerations, such as soils and seismic stability, and civil, mechanical, electrical, structural and other engineering and environmental matters. 14. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. This appraisal report shall be considered only in its entirety. No part of this appraisal report shall be utilized separately or out of context. 15. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or any reference to the Appraisal Institute) shall be disseminated through advertising media, public relations media, news media or any other means of communication (including without limitation prospectuses, private offering memoranda and other offering material provided to prospective investors) without prior written consent from Integra Realty Resources. 16. Information, estimates and opinions contained in this report, obtained from sources outside of the office of the undersigned, are assumed to be reliable and have not been independently verified. Mtn 92 FLOWER M OUND DR ILL SITE STUDY ASSUMPTIONS AND LI MITING CONDITIONS 17. Any income and expense estimates contained in this appraisal report are used only for the purpose of estimating value and do not constitute predictions of future, operating results. 18. If the property is subject to one or more 'leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition. of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 19. No consideration. has been given to personal property located. on the premises or .to the cost of moving or relocating such personal property; only !he real property has been considered. 20. The current purchasing power of the dollar is the basis for the value stated in our appraisal..; we have assumed that no extreme fluctuations in .economic cycles will occur. 21. The value found herein is subject to these and to any other assumptions or conditions set forth in the body of this report but wbich may have been omitted from this list of Assumptions and Limiting Conditions. 22. The ;analyses contained in this report necessarily incorporate numerous estimates and assumptions regarding property performance, general and local business and economic conditions,' the absence of material changes in the competitive .environment and other .matters. Some estimates or assumptions, however, inevitably will not materialize, and unanticipated. events and circumstances may .occur; therefore; actual results achieved during the period covered by our analysis will varyfrom our estimates, and the variations may be material. 23. No studies have been provided to us indicating the presence or absence of hazardous materials on the site or in the improvements, and our valuation is predicated upon the property being free and clear of any environment hazards. 24, We have not been provided with any evidence or documentation as to the presence or location of any flood plain areas and/or wetlands, Wetlands generally include swamps, marshes, bogs, and similar areas. We are not qualified to detect such areas. The presence of flood plain areas and/or wetlands may affect the value of the property, and the value conclusion is predicated on the assumption that wetlands are non - existent or minimal. 25. If condemnation proceedings become necessary, this appraiser will testify to an updated opinion reflecting the value of the whole property, the part to be acquired, the value of the entire remainder prior to the acquisition and the value of the entire remainder after the acquisition, reflecting any change in the size or character of the land and /or changes in number and/or conditions of the improvements located thereon. 93 Reso�rfc PLOWER MOUND DRILL SITE STUDY CORPORATE PROF ILE INTEGRA REALTY RESOURCES, INC. CORPORATE ' Integra Realty Resources, Inc. is the largest property valuation and counseling firm in the United States with over 55 offices coast to coast. Integra's Managing Directors are well known .experts in their respective communities, and continue to provide professional real estate services to many of the nation's largest and most prestigious financial institutions, developers, corporations, law firms, and government agencies concerned with the value, use, and feasibility of real estate. Integra's Managing Directors have, on average, 30 years of experience in each of their respective markets.. 94 Corporate Office 1133 Avenue of Americas, 27 Floor, New York, New York 10036 Telephone: (212) 255-7858; Fax: (646) 424-1869 W'V4 W.1RR.00I4I Texas Offices Austin, TX Dallas, TX Fort Worth, TX Houston, TX San Antonio, TX 3700 W. Patnker lane Park Central VII 930 West First street 5718 Westhein €er 115 East TFav €s Sfi. Austin, TX 78727 12750 Merit [hive, Suite 801 Suite 303 Suite 1100 Suite 616 PE€one:512- 459 -3440 Dallas, TX 75251 Fort Worth, TX 76102 Houston, TX 77057 San Antonio, TX 78205 Fax: 512459.4423 Phone: 972 -960 -1222 Phone: 817 -332 -5522 Phone: 713.243 -3333 Phone: 210-2254700 Fax: 972-960-2922 Fax: 817. 3364621 Fax: 713-243-3301 Pax: 210.225.6800 94 FLOWER MOUND DRILL SITE STUDY DEFINITIONS These definitions have been extracted, solely or in combination, from definitions and descriptions printed in: • Uniform Standards of Professional Appraisal Practice, 2010 -2011 Edition (USPAP) • The Dictionary of Real Estate Appraisal, Fitch Edition, Appraisal Institute, Chicago, Illinois, 2008 (Dictionary) • The Appraisal of Real Estate, Thirteenth Edition, Appraisal Institute, Chicago, Illinois, 2008 Appraisal The act or process of developing an opinion of Value; an opinion of value. (USPAP) Easement Interest An interest in real property that conveys use, but not ownership, of a portion of an owner's property. (Dictionary) Effective Date The date at which the analyses, opinions, and advice in an appraisal, review, or consulting service apply. (Dictionary) Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary) Highest and Best Use The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must nieet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. (Dictionary) Leased Fee Interest An ownership interest held by a landlord with the rights of use and occupancy conveyed by lease to others. The rights of the lessor (the leased fee owner) and the lessee are specified by contract terms contained within the lease. (Dictionary) Leasehold Interest The interest held by the lessee (the tenant or renter) through a lease transferring the rights of use and occupancy for a stated term under certain conditions. (Dictionary) Market Value Market Value is defined by City of Austin v. Cannizzo, 267 S.W. 2d 808 (Tex 1954) as being: "The price the property would bring when offered for sale by one who desires to sell, but is not obliged to sell, and is bought by one who desires to buy, but is under no necessity of buying, taking into consideration all of the arses to which it is reasonably adaptable and for which it either is, or in all reasonable probability, will become available within the reasonable future." M Resaurtes FLOWER MOUND DRILL SITE STUDY REGRESSION OUTPUT Resources FLOWER MOUND DRILL SITE STUDY REGRE5.51ON OUTPUT SUMMARY OUTPUT Alliance - Saratoga Regression Statistics Multiple R 0.889 R Square 0391 Adjusted R Square 0.773 Standard Error 15601.800 Observations 100.000 ANOVA Multiple R 0.846 R Square 0.715 Adjuster] R Square 0.683 Standard Error 30792.798 Observations rl ss LfS F Significance F Regression 8000 83876922487.839 10484615310.980 43,073 0.000 Residual 91.000 22150870820.671 243416162,865 Total 99.000 106027793308,510 G'oe�cients Siandnrrl Lrror t Srat P- No Lower 95% Upper 95% Lower 95, b'lo Upper 95.0% Intercept 97138.400 21983:666 4,119 0.000 53470.549 140806,251 53470.549 140806.251 W-4 Distance -4:251 2.500 - 1,700. ' 0.092 9.218 0315 9:218 0.715 Time Trend - 20.175 107.981 -0.187 0,852 - 234.666 194.316 - 234.666 194.316 GLA 35.807 4.982 7.187 0.000 25.911 45.704 25.911 45.704 Lot Size (SF) 3.582 0.821 4.361 0.000 1.950 5113 1.950 5.213 Age - 5818.492 1383,823 -4,205 0.000 - 8567.286 - 3069.699 - 8567.286 - 3069.699 Beds 6510.292 . 3940.591 1.652 0.102 - 1317.207 14337.791 - 1317107 14337.791 Bn €is 875.354 4017.082 0.218 0.828 - 7104.085 8854,794 - 7104.085 8854.794 Garage 1217.299 7584.032 0.161 0.873 - 13847.448 16282.046 •13847448 16282046 SUMMARY OUTPUT Anne Regression Siatistres Multiple R 0.846 R Square 0.715 Adjuster] R Square 0.683 Standard Error 30792.798 Observations 80 ANOVA df 8S h1S F Significance F Regression 8 1.68803E+11 21100350057 22.2531 1.49173E -16 Residual 71 67321944604 948196402.9 Total 79 236125E +11 Coofficienrs Standard roror t Srar P- value Lowe 9540 Up per 95% fatten 95.0o/n Upper 95,0% Intercept 107284.899 38763.353 2.768 0.007 29992.969 184576.829 29991969 184576.829 Well Distance -6.546 9.747 - 1.379. 0.112.. .- 16.011 2.919 .' 16.011 2 919 Time Trend 169.918 1466.236 0.116 0.908 - 2753.673 3093,510 - 2753.673 3093,510 GLA 53.813 11.331 4.749 0.000 31.219 76.407 31.219 76.407 Lot Size .0.006 0.033 -0.169 0.866 -0.071 0,060 - 0.071 0.060 Age - 1477.933 .1944.243 -0.760 0.450 - 5354.644 2398,777 - 5354.644 2398,777 Beds - 6033.561 9785.081 -0.617 0.539 - 25544.458 13477335 - 25544.458 13477,335 Balis 8875,035 10794.665 0.822 0,414 - 12648.915 30398.984 - 12648.915 30398.984 GarageCap 13168,805 9681527 1.360 0.178 - 6135.611 32473.221 - 6135.611 32473.221 97 Res�fCes FLOWER MOUND DRILL SITE STUDY - REGRESSION OUTPUT SUiYRvIARY OUTPUT Hills of Argyte Regression Statistics Coe ; ficienls Multiple R 0.875 R Square 0.766 Adjnsted R Square 0.722 Standard Error 41873.216 Observations 51 AA'OVA df SS MS F Sign f cance F Regression 8 2.41313E+1l 30164127800 17.2036 5.29348E -11 Residual 42 73641380966 1753366213 Total 50 3.1495411+11 SUMMARY OUTPUT Bunn Regression Statistics Coe ; ficienls Standard Error t Star P -value Lower 9530 Upper 95% Lower 95.0% Upper 95.000 ln[ercegt 49563.332 81302.577 0.610 0.545 - 114511.910 213638.573 - 114511.910 213638,573 Well Distance 28.047 14306 1.907 0:063 -1.632 57.726 x1,632 57.726 Time Trend -6.061 299.099 -0.020 0.984 - 609.667 597,545 - 609.667 597,545 GLA 98.613 14200 6.945 0.000 69.957 127.269 69.957 127,269 Lot Size 1.206 0.594 2.029 0,049 0.007 2.405 0.007 2.405 Age - 53.982 2450.480 - 01172 0,983 - 4999.250 4891.286 4999.250 4891,286 Beds - 21026.166 13826.463 -1.521 0,136 48929.097 6876.766 - 48929.097 6876.766 Baths 14979,625 14057.055 1.066 0193 - 13388.660 43347.910 - 13388.660 43347.910 GarageCap - 18235.109 18741371 -0.973 0336 - 56068.835 19598.616 - 56068.835 19598.616 SUMMARY OUTPUT Bunn Regression Statistics Coef cients Multiple R 0.888 R Square 0388 Adjusted R Square 0.783 Standard Lrror 21477.640 Observations 324 ANOVA df SS MS F Si tifr F Regression 8 5.41454E +11 67681789760 146.723 1.9295E -101 Residual 315 1.45306E +I1 461288999.6 Total 323 6.8676E +11 313 Fdti+41M Coef cients Standard Error t Stat P -value Lower 95° /a Upper 9S% Lower 95.0'% Upper 95.0% Intercept 37566.779 15521.991 2.420 0.016 7026.896 68106.661 7026.896 68106.661 Well Distance -0.980 1.344 -0.729 0.466 .3.624 1.664 -3,624 1.664 Time Trend 409.897 64.409 6.364 0.000 283.172 536.623 283,172 536.623 GLA 78.534 4.684 16.768 0.000 69319 87.749 69,319 87.749 Lot Size 2.311 0.723 1195 0.002 0.888 3.735 0.888 3.735 Age - 3622.872 836.227 4332 0.000 5268.169 - 1977.576 - 5268.169 1977.576 Beds - 248.390 2888.040 -0.086 0.932 - 5930.677 5433.897 - 5930.677 5433.897 Baths 1804.884 3089.984 0.584 0.560 - 4274.732 7884.501 4274.732 7884.501 Garage 12234:481 3392.091 3.607 0.000 5560.462 18908.500 5560A62 18908.500 313 Fdti+41M F LOWER M OUND DRILL S ITE STUDY REGRESSION OUTPUT SOMMARY OUTPUT Council Regrmron Slansucs _ Multiple R 0.881 R Square 0.777 Adjusted R Square 0.746 Standard Error 10898.102 Observations 67 ANOVA _ Multiple R 0.839 R Square 0,703 Adjusted R Square 0.600 Standard Error 224130.302 df SS hIS F Signiftemce F Regression 8 23975178552 . 2996897319 25.2331 3:095261: -16 Residual 58 6888580666 118768632.2 Total 66 30863759218 coefficients Standard Error t sIm P -value Lower 95% Upper 95% 1A€yer 95.0 Lipper 95.0% bltercept 427690,117 .724381660 -0.590 0.561 - 1926189.810 1070809.576 Coefcrenis Stu, diwl [aunt t Stat P-valrie Lower 95% Upper 95% Lower 910% Upper 95.0% Itrtercept 11215502 22335,259 . 5,021 0.000 .67446,205 156863.960 67446.205 156863.960 Well.Distance - 9:208. 3.694 4,493 01016 - 16.602 -1.814 ' `- .16:602 - 1.814 Time Trend 31.807 73.776 0.431 0.668 - 115.872 179.485 - 115.872 119.485 GLA 34:289 5.923 5.789 0.000 22433 46.144 21433 46.144 Lot Size -1.145 1.279 -0.895 0.374 -1705 I A I S -3.705 1.415 Age - 3642.880 1027.005 -3.547 0.001 - 5698.654 - 1587.107 - 5698.654 - 1587.107 Beds 2794.066. 3417.420 0.818 0.417 4046.643 9634.774 - 4046.643 9634.774 Baths 5352.950 6361.559 0.841 0,403 4381.093 18086.993 - 7381.093 18486.993 Garage 1326.525 3637,808 0.365 0,717 - 5955.339 8608.390 - 5955.339 8608.390 SUMMARY OUTPUT Crow-Wright (Tour 18) Regression Siatisdr's _ Multiple R 0.839 R Square 0,703 Adjusted R Square 0.600 Standard Error 224130.302 Observations 32 ANOVA r� SS A.R F SignrficanceF Regression 8 2.73792E +12 3.4224E +11 6.81287 0:000134566 Residual 23 1.15539E +12 50234392343 Total 31 3.89331E +12 coefficients Standard Error t sIm P -value Lower 95% Upper 95% 1A€yer 95.0 Lipper 95.0% bltercept 427690,117 .724381660 -0.590 0.561 - 1926189.810 1070809.576 - 1926189.810 1070809.576 Well Distar€oe - 26:973. 46.101 4673 -0508 - 109.927 55.982. ` = 109:927 $5;982 Time Trend - 1419.892 3281926 -0.433 0.669 - 8211.141 5371.357 - 8211.141 5371.357 GLA 196.133 51273 3.682 0.00[ 85.930 306.336 85.930 306.336 Lot Size 3.844 6.214 0.619 0.542 -9.010 16.698 -9.010 16.698 Age - 3328.137. 10725.358 -0310 0.759 - 25515.230 18858.957 - 25515.230 18858.957 Beds - 115468.916 177009.508 -0.652 0.521 - 481640.980 250703.149 481640.980 250703.149 Baths 185141.871 152113.889 1.217 0.236 - 129529.683 499813.424 - 129529.683 499813.424 Garage - 68108.166 100748.008 -0.676 0506 .-276521.299 140304:967 - 276521.299 140304.967 Integra Really aewurces FLOWER MOUND DRILL SITE STUDY SUMMARY OUTPUT Engler Regression Statistics Coefficients Multiple R 0.966 R Square 0.933 Adjusted R Square 0.880 Standard Error 24549.091 Observations 19 ANOVA df SS MS F Srgnyrlcancc F Regression 8 84019381465 10502422683 17.4268 6.33258E -05 Residual 10 6026578584 602657858,4 Total 18 90045960050 REGRESSION OUTPUT SUMMARY OUTPUT Lawrence Regression Statistics Coefficients Standard Error t star P -value Lower 95% Upper 9516 Lower 9.1.0% Upper .95. 0 9 % Intercept 95788,8595 98806.8066 0.9695 0.3552 - 124366,4242 315944.1431 - 124366.4242 31$944.1431 Well Distance - 24.8056 29,3489 - 0.8452 ' 0.4178 - 90:1991 40.5878 - 90.199.1 40:5878 Time Trend - 1141,4997 1156.1966 - 0.9873 0.3468 - 3717.6562 1434.6767 - 3717.6562 1434,6767 GLA 46.2057 17.7643 16010 0.0264 6,6243 85.7871 6.6243 85.7871 Lot Size 5.6764 7.8325 0.7247 0.4852 - 11.7756 23.1283 - 11.7756 23.1283 Age - 31945.5898 15750.3919 - 2.0282 0.0700 - 67039.6498 3148.4702 - 67039.6498 3148.4702 Beds - 64851533 16395.5107 - 0.3956 0.7007 - 43016,1276 30046.2211 - 43016.7276 30046.2211 Baths 19282.6033 21277.6852 0.9062 0.3861 - 28127.0336 66692.2403 - 28127.0336 66692.2403 Garage 19574.0976 18200.8281 1,0755 0,3074 - 209791745 60128.0698 - 20979,9745 60128.0698 SUMMARY OUTPUT Lawrence Regression Statistics Coefficients Multiple R 596 R Square 0.803 Adjusted R Square 0.725 Standard Error 9683.179 Observations 29 ANOVA df SS Ails F Slgnifrcance F Regression 8 7661912863 957739107.9 10.2144 1.370131; -05 Residual 20 1875279212 93763960.6 Total 28 9537192075 100 ae=;Ces Coefficients Standard .Error f Star P -value Lower 95% Upper 95% Lower 95.0'/6 YgpLr . 95. 0°/a Intercept 35108.850 28872.005 1.216 0.238 - 25117.097 95334,798 - 25117.097 95334398 Well Distance 27.436 7,04.4 3,893 0.001 12.742 42.130 12.742 41139 Time Trend -9.175 100.394 -0.091 0.928 - 218.593 200,243 - 218.593 200243 GLA 27.113 14.252 1.902 0.072 -2.616 56.842 -2.616 56.842 Lot Size -4.840 1.934 -2.503 0.021 -8.873 -0,807 -8.873 -0.807 Age 11465.811 4457.735 2.572 0.018 2167.139 20764,484 2167.139 20764.484 Beds - 11404.926 6122.890 -1.863 0.077 - 24171.049 1367.198 - 24177.049 1367.198 Baths 19843.964 9718.448 2.042 0.055 428.465 40116.192 - 429.465 40116.192 Garage 7294.503 5472.731 1.333 0.198 - 4121.415 18710,420 4121.415 1 8710.420 100 ae=;Ces FLOWER MOUND DRILL SITE STUDY REGRESSION OUTPUT SUMMARY OUTPUT" R)eere Regression Sraustiar Cacfcients Multiple R 0.949 R Square 0,900 Adjusted R Square 0.846 SlandardEffor 27184.265 Observations 24 ANOVA d! SS us F Significance F Regression 8 99516203913 12439523489 16.8333 3.44332E -06 Residual 15 11084764285 738984285,6 Total 23 1 A0601L• +1 I SUMMARY OUTPUT Lantana Regression Statistics Cacfcients StmrdardError ISim P -vnlnc I-asver95% Upper95% Iasver95.0% Upper9S,0% Intercept 209036.044 57767,165 1619 0.003 85908.246 332163.842 85908.246 332163,842 Well Distance -9.534 4,826 - 1:976 0.067 49,$20 0.752 - .19.820 0.752 Time Trend - 1525.222 656.483 -2.323 0,035 - 2924.482 - 125.962 - 2924.482 - 125.962 GLA 120.756 25.755 4.689 0.000 65.860 175.653 65.860 175.653 Lot Size -1.141 0.973 - 1.173 0,259 -3.215 0.932 -3.215 0.932 Age - 3334.014 652.858 -5.107 0.000 4725.547 - 1942.480 - 4725.547 - 1942.480 Beds 15434 275 23014.916 0.671 0.513 - 33620.856 64489.406 - 33620.856 64489.406 Bails - 41923.889 26538.645 -1.580 0.135 - 98489.672 14641.894 - 98189.672 14641.894 Garage 6344.443 7981A57 0.795 0.439 - 10667.629 23356.516 - 10667.629 23356.516 SUMMARY OUTPUT Lantana Regression Statistics df Multiple R 0,919 R Square 0.844 Adjusted R Square 0.835 Siandard Error 41709.222 Regression Observations 149 ANOVA 101 df SS US L- Significance F Regression 8 1.317971✓ +12 1.647461: +11 94.7004 1.2282SE -52 Rasidnal 140 2,43552E +11 1739659214 To €al 148 1.56152E +12 Cuef eiems Standard Error t Strrt P -value L.osver 95% Upper 95% Lou er 93.0% Upper 93.01 Intercept - 78214.377 29437.697 -2,657 0.009 - 136414.285 - 20014.470 - 136414.285 - 20014.470 Nell bislanee -1356 3.167 -0:428 0.669 -7:617 4.904 - 7.617 4.904 Time Trend - 718.609 359.490 -1.999 0.048 - 1429.339 -7.879 - 1429339 -7.879 GLA 26.991 8.391 3.217 0.002 10.402 43.581 10.402 43.581 Lot Size 17.234 2.012 8.568 0.000 13.258 21.211 13.258 21.211 Age - 5834.962 1640.464 -3.557 0.001 - 9078.248 - 2591.676 - 9078.248 - 2591.676 Beds 15832.070 9032.769 1,753 0.082 - 2026.199 33690.339 - 2026.199 33690.339 Batlss 33538.259 7760.690 4322 0.000 18194.958 48881.559 18194.958 48881.559 Garage 14691.357 10103300 1.454 0.148 - 5284.201 34666.915 - 5284.201 34666.915 101 FLOWER MOUN DRILL S ITE STUDY AGGREGATES OF ALL OBSERVATIONS <" � ` " ' AGGREGATES OF ALL OBSERVATIONS UR 102 Inlegoa Realty Rewums MOuNo DRILL SITE STUDY F rice %er S ot by Distance fromMeflhead . F quare Fo S35MO $300.00 $250,00 $200.00 $15.00 $50,00 $0M 1,000 2X0 3,000 4,000 5,000 6,000 7,000 8,000 This table represents 948 sales that were observed near the drill sites utilized in this report, When the price per squar She house ftom the well e foot of each sale is plotted with the distance of . cad, we find the linear trend line indicates. a slightly positive value increase as price increases with distance. At 1,000 feet, the above trend line indicates a positive 1.71% change in value. In the vast majority of observations the well is not visible from the house. 103 FLOWER MOUND DRILL SITE STUDY AGGREGATES OF ALL OBSERVATIONS T Regression Statistics Multiple R 0.904 R Square 0.818 Adjusted R Square 0.816 Standard Error 75022.277 Observations 935 ANOVA df SS MS F Significance F Regression 8 2.33565E +13 2.91956E -12 518.7253432 0 Residual 926 5.21184E-12 5628342017 Total 934 2.85684E-13 Coefficients Standard Error t Stat P -value Lower 95% Upper 95% Lower 95.0% U er 95.0% Intercept - 127817.052 20711.990 -6.171 0.000 - 168464.934 - 87169.170 168464.934 - 87169.170 Well Distance 12:567 1.991 63;12 0.000 8.659 16474 8:659 16.474 Time Trend - 131.012 129.259 -1.014 0.311 - 384.687 122.663 - 384.687 122.663 GLA 115.923 6.033 19.216 0.000 104.084 .127.763 104.084 127.763 Lot Size (SF) 3.632 0.218 16.683 0.000 1205 4.060 3.205 4.060 Age - 4257.475 617.694 -6.893 0.000 - 5469.717 - 3045.233 - 5469.717 - 3045.233 Beds - 15218.921 5684.910 -2.677 0.008 - 26375.723 - 4062.139 - 26375.723 - 4062.119 ]Baths 15813.222 5887.247 2.686 .0.007 4259.328 27367.116 4259.328 27367.116 GarageCap 16524.486 5824.382 2.837 0.005 5093.968 27955.004 5093.968 27955.004 Out of the observations utilized in the study, 935 had sufficient data available to perform. linear regression analysis. With this quantity of observations, all variables were statistically significant with the exception of tune. This is thought to be because the sample sales occurred as far back as 2004 so the trend in price appreciation would have been positive for the earliest sales and then .negative after the mortgage crisis of 2007 began. Observed as an aggregate of all sales across multiple well sites in Tarrant and Denton Counties, the coefficient of Well Distance is 12.567. In general terms, this means that as distance from the well increases by one foot, the value of a property increases by $12.57. At 1,000 feet, this is equivalent to $12,567, after which distance we do not believe there to be any impact from well proximity. With an average sale price in the sample of $314,667, this is equivalent to a 3.99% loss in value. We believe these results are applicable in general terms but the qualifications of price points over $250,000 and homes adjacent to the well site still apply. `I +L1 �} " �4 ✓ b mmm��� 0 oil 3 Appt Special Assistant to Comptroller (Exempt)(Small)(Compt) Ccp# 15, 11/3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT E Recommended by the Committee on Civil Service 000 i Appt Assistant Engineer (Penn)(P Step)(Duk)(PW) (ccp# 22, 11/3) Mrs Russell moved That Communication of 22 of November 3, 2010, be received and Filed and that the Permanent appointment of Thomas Dine, 56 Shenandoah Rd, Buffalo, NY 14216, at the Maximum Salary of $52,147.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service lkw 2 g *AU *NO* FONTANA FRAWCAM GOLD E KEARNS uISsE S NWM raj l3 m d 314- 7 Appoint Dispatcher(Perm)(0 Step)(Gugino)(PW) (ccp# 23, 11/3) Mrs Russell moved That Communication of 23 of November 3, 2010, be received and Filed and that the Permanent appointment of Thomas Duk, 56 Shenandoah Rd, Buffalo, NY 14216, at the 4 "' Step of $39,101.00 is hereby approved. PASSED AYES - 9 NOES - 0 f f` t 4 Recommended by the Committee on Civil Service's *A'M *NO* FOB.. FIIMCZ GOLD E s To RUSSELL ' smfflll 2/3- 5 314- 7 UU0 Notices of Appointments- Temp /Prov /Perm Ccp# 44, 11/3 Mrs. Russell moved That the above item be the samt and hereby is Received and Piled ADOPT Recommended by the Committee on Civil Service 00050 Appt Deputy Corp Counsel(Exempt)(5avage 111) (CC) Ccp## 38, 7120 Mrs. Russell moved That the above item be the same and hereby is Received and Piled ADOPT } i Recommended by the Committee on Civil Service 2 1 '3 i= !. d d r Permission to Hire Consultant 2011 Department of Homeland Security Data Call (Item No. 21, C.C.P., Oct. 19, 20 10) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a. consultant to conduct research for the 2011 Department of Homeland Security Data Call. funds for this project are available in the HSGP for year (6). Recommended by the Committee on finance Chairman TAB :mv TA%p60WMNMh�mv\2 t c I o -1 s-,.ao d 6A * AYE *NO* * FONTM i * c * GOLOMBEK * s * * LOCIM * RIVERA * SE smFm * ' * * * * 2/3- 6 314- 7 Q00 5 2 D. Jackson - Interest in Shared Asset for Justice Fund Ccp## 45, 10 /5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance p Promoting Transparency in Capital Budget Process by.Holding Citizens Planning Council Meetings in CC Chambers (Exc Resolves) Ccp# 106, 7120 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT N Recommended by the Committee on Finance - f M. Kearns- Article - Grants & Financial Incentives Available to Upgrade Solid Waste Fleet (952,6/22) Ccp# 69,7/6 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance I 000 Audit Report Substance Services. Financial Procedures (Compt) Ccp# 14,5/25 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance 0005 \ Additional Info on Fed Financial Assistance(Compt) Ccp# 12,5/25 Mr, Kearns moved That the above item be the same and hereby is Received and Filed ADOPT k� Recommended by the Committee on Finance 00057 0 BSA Operating Fund Budget for FY 2010-- 2011(BSA) Ccp# 45, 4127 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance I t i 4008 D. Franczyk -State Audit of the City's Elevator Inspections Ccp# 27, 312 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance 0000 F' Single Audit Reporting Package(BERC) Ccp# 31, 1/19 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT s Recommended by the Committee on Finance U 1 0 1 11 Audit Report-One Sunset and The BERG Loan Program(Compt) Ccp# 12,2/16 Mr. Kearns moved That the above item be the same and hereby is Received and Piled ADOPT Recommended by the Committee on Finance ' € s t 10016 M, LoCnrto, Article -City of Rochester Reassessment (#40,1/19) Cep# 64, 2116 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT L Recommended by the Committee on Finance (Michael J. LoCurto, Chairman) Q 0 0 �' Report of Sale — Westerly Portion of 94 Glenwood (Item No. 12, C.C.P., Nov. 3, 2010) That the above item be, and the same hereby is, returned to the Common Council . without recommendation. Mr. LoCurto moved: That the offer from Ms. Debra L. Jackson, 89 Decker Street, in the sum of One Thousand and Three Hundred Dollars ($1,300:00) for the purchase of the westerly portion of 94 Glenwood, 25' x 106', be and hereby is accepted, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted, Passed. Recommended by the Committee on Community Development Al ®� Chairman TAB:v TAwpto n�Grd\rmv%12c11- 3c.aoe *AIT *O* GOLOMBE HAYNE KEARN LO TO RUSSELL d Zi3� 6 314- 7 00063 g Report of Sale — 158 Woodlawn (Item No. 14, C.C.P., Nov. 3, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mi. LoCurto moved:. That the offer from Mr. Nelson Cosgrove, Attorney at Law, for Gospel Expansion Ministries Foundation, Inc., Rev. this C. Tillman, 461 Masten Avenue, in the sum of One Thousand and Seven Hundred Dollars ($1,700.(30) for the purchase of 158 Woodlawn, be and hereby is accepted; and That the transfer tax, recording fees and cost of 16gal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of We upon which the offer was submitted. Passed. Recommended by the Committee on Community Development Chairman rAB:ffnY T.' \YzpiOlnuwo rd4nn%AI4c11- 3c.doe *A )T*NO* FONTS FIIANCM GOLD E HAYNES LocuR RUSSELL SNffM maj /3- 6 314- 7 m T f� , J. Booth — Bicycle - Pedestrian Advisory Board — Healthy City can the Great Lakes (Item No. 45, C.C.P., Nov. 3, 20 10) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. L.oCurto moved: That the Common Council adopts the report and its recommendations as contained in the Healthy City on the Great Lakes report, as attached to the above communication, and authorizes all future steps to amend the city's comprehensive plan to improve the health and quality of fife for Buffalo's residents. Passed. Recommended by the Committee can Community Development Chairman TAB:rmv tAwp6©lmswor&-ffnxAE3a11 -3c.&c t � } ®AYE AO } � FOPffjWA ° a } . � FRAN CZYK ® * ` GOLO. kK : a . HANNE � a , ° k ; . KFA ■ . . � 2 : . £OC. TO ' @ } . . . � � ■ RUSSEIL ' f . : ■ ma ° 5 y . 213- 6 31 4- 7 ` 0006 P. Cammarata- Public Notice - Brownfield Cleanup Prog -193 Ship Canal Pkwy ( #46, 1113) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community DeveIo Y �' went P ®0j13 Report of Sale -- 285 Loepere (Item No. 14, C.C.P., Oct. 19, 2010) (Item No. 66, C,C.P., Nov. 3, 2010) That the offer from Mr. Mohammad A. Khan and Mrs. Surriaya Khan, residing at 993 Sycamore Street, in the sum of Three Thousand and Seven Hundred Dollars ($3,700.00) for the purchase of 285 Loepere Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development o Chairman TAs:rrnv t A%Yp6 ©W s word\nnvl l a c l 0-1 9c. d oc n *A 'U*Nd* FONT MA FRAKCZYK GLC EIS HAYNES KEARNS LO TO RUSS aj 213- 6 314- 7 Decisions Regarding Savarino v COB (2010- 3489)(CC) ( #27, 10119) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Camrnunity Development /tnjjj 00068 .k M. Kearns -News Article Tale of Two Pities (#46,10/19) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development ment P 00069 G K. Connor -Report — Fishing for Taxpayer Cash -Bass Pro ( #44, 5122) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development — x w F M. Kearns- Subsidies for Bass Pro ( #55, 6/22) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development l� F U Response to CCP #108, 7/20- Bonuses to Employees (H63, 9/7) That the above item be the sane and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community Development y ty P l 0OV9 M. LoCurto- Decommission of BERG and Expand BURR (#34,3/2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 000 l.J Eliminating BERC As a Step Towards New Approach for Economic Development (except I" Res) ( #7I, 115) That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Community Development t I �� 1 [ li l � ..,. +� �. . �.., � � a ., _ < �, � �' 0 0 0 D. Sutton, Petition to Use 448 Elmwood Tenant Build -Out for a Sit -in Restaurant (Item No. 52, C.C.P., Nov. 3, 20 10) That after the public hearing before the Committee on Legislation on November 9, 2010, the petition of D. Sutton, agent, for permission to use 448 Elmwood to build -out for a sit -in restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation 90- Chairman tAv,?60kRw-. , m052o1 1 e2c.aoc �4 t - 71 ° * m HAYMS � 00075) Ohl & 0 -- Establish Alternate Parking on S. Ogden Between Clinton & Griswold for Winter Months (Item No. 53, C.C.P., Nov. 3, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr, Qolombek moved. That he Commission yi of blic Works, Parks and Streets, lie, and he hereby is authorized t �awold view the es blishm t of alternate on South 0 een Clinton and Str is through the er months se ovember an p: and report bac to thi omtnan Council for her recarrimendation. Recommended by the Committee on Legislation CFiairman TAB.rmmv tAwp60\=% 1d3e,dou 0 �� 2� 0 00 1, 76 Request Ordinance Amendment — Chapter 479 Traft Ordinances Reduce Speed Limit — Marine Drive between Erie and Commercial Streets (Item No. 20, C.C:P,, Nov. 3, 2410). That the Commissioner of the Department of Public Works, Parks and Streets after getting approval as to from the Acting Corporation Counsel be, and he hereby is authorized to mend Chapter 479 Traffic Ordinances,. reducing std limit to fifteen (15) males per hour on Marine Drive between Erie and Commercial Streets, as more fully described in the above communication and Me the Amendment with this Common Council. �3 Recommended by the Committee on Legislation Chairman tAw00\=wordX=%A20cl1 3c.doc * AYE *NO* FOZ"A FRANCZYK GOLONMEK HAYNES LOCURTO RUSSFJLJL swm 213- 6 314- 7 DO 0 7 Restaurant Dancing Class IT -- 3144 Main Street (Item No. 35, C.C.P., Nov. 3, 2010) That the abode item be, and the sane hereby is returned to the Common Council without recommendation, W. Golornbek moved: ' ursuant to Chapter l of the City de, the Director of Pe Tnspee n e ces , a d he he eby i au ed t ant a aurant 0mg Class Licen t anie e D er, d/b jo's lace 3144 treat. Recommended by the Comn - dttee on Legislation � Charrman TAB.mv t:1wp6O\=worct mv`'35oI1-3o doo ° 11 p A 000`8 D. Land Petition to use 2616 Main -- Convert Take -out to a Sit -down Bar/Restaurant (Item No. 54, C.C.P., Oct. 19, 2010) (Item No. 71, C.C.P., Nov. 3, 20 10) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on October 26, 2410, the petition of D. Lund, agent, for permission to use 2616 Main Street for a take-out to a sit -down bar /restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation 'rman K. t .\wp6fl\mwordN:lmv\50olO- 19c.duc c *AYE*NO* FONTANA YRANCZYK. GOLOMBEK HAYNES KEARNS LO TO RIVERA SEU smrm i ®5 2/3- 6 314- 7 00079 Hope Gardens, Use 58 Oberlin for a HSF (Fill)(no pub hrg) ( #52, 10119) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 0Q f- 1 7 If M. Kearns -J, Logan - Concerns Verizon FiOS (#53, 6/22) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation t 0008. G. Hill, Agent, Use 1346 Kensington For A Take Out Restaurant (}pub hrg 5118)(Unvi)( #76, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 44 -WM�n' 00082 Create a City of Buffalo Employment Protection Act (Item No. 129, C.C.P., Sep. 16, 2048) (Item No. 95, C.C.P., July 31, 2049) That the above item be, and the same hereby is returned to the Common Council without recommendation. Adopted. Recommended by the Committee on Legislation 54- Chairman TABm m tA% vp6MmsNvordlamv11290- 16- 08c.doc RECEIVED AND Mr. Golombek moved- 00083 R. Taczkowski- Marine Drive Traffic and Pedestrian Study That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation i f 1 e 0008 t Marine Drive Apt -Req Signs Posted for No Standing 11 /1 to 4/1 That the above item be the same and hereby is Received and Piled. ADOPTED Recommended b the Committee on Le islation y g 0000 Marine Drive Apt -Req Speed Limit Change Marine Dr and Front of Naval Park That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation s . 0008 Council Manger Form of Government for the City of Buffalo (Item No. 105, C.C.P., Sep. 30, 2000 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved. That the City of Buffalo Common Council recommends the President of the Common Council develop a listing of individuals to serve on the Council - Manger Task Force, requesting such names from various elected officials and organizations; for example, the Center for Governmental Research; Syracuse University's Maxwell School of Citizenship and Public Affairs, the Mayor of the City of Buffalo; the International City /County Management Association; the New York State City /County Management Association; the Buffalo Niagara Partnership to mention a few; and . That the President of the Common Council will submit this list to the Common Council who will select 9 ®11 individuals to serve on the Council - Manager Task Force, with the understanding this body will prepare a detailed report to the Common Council. Adopted. J- + 3 �� o� vts Recommended by the Committee on Legislation. airman TAB:nnv t: 1wp60 1rivswordlrmv\l05c9- 30- 08c.doc I (A p7\ k� 6,- � -` � _ �. ,. , LP Ciminelli- Board Packet Documents July 2010 ( #76, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on r p �4' LP Ciminelli -Board Packet Documents August 2010 ( #77, 917) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Education }�V MMM LP Ci inelli -Board Packet Documents September 2010 (#41,9/21) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on FI i� ,ka `" LP Ciminelli -Board Packet Documents May 2010 ( #60, 5 111) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Education f r �� ;i � ,� . -- • �_ "" 4 p E3 Y. Hreshchyshyn- Comments Public Hearing -Canal Harbor( #50, 11/24) Ccp# 69,12/8 Mr. Kearns moved That the above item be the same and hereby is Received and Piled ADOPT Recommended by the Special Committee on Waterfront Development 00092" NYS Env Quality Review Act -Canal Side Project Ccp# 51, 2116 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development 4 � � 00003` M. Galivan -Info Erie Canal Dev Corp & Req Info Legal Fees Ccp# 42, 14!27 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development 000011 M. Kearns -Erie Canal Motor Coach Drop Off/Pickup & Parking Cep# 57, 6123 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development OQO 9 5 W/ Front Village Advisory Council -Req City Update on Urban Renewal Plan Ccp# 49, 3/17 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development 404 D. Franczyk -H&A Faris -Erie Canal Drama Theater Ccp# 31, 1120 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development 00097 n M. Kearns -M. Stark-Waterfront Hotel Plans Cop# 21, 1/6 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Ju, Recommended by the Special Committee on Waterfront Development 00098 V M. Kearns -7. Dailey -Slip Holders Concerns Erie Basin Marina Ccp# 69, 9/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development E a T`q QO L. Levy - Parking Issues Inner Harbor Development Ccp# 40, 9/18 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Special Committee on Waterfront Development ' RESOLUTIONS November 16, 2010 Qd_09 Sponsor: Mr. Fontana Re: Fee Waivers for Athletic Leagues in City Community Centers Whereas: For many years the community and recreation centers have hosted adult athletic leagues for residents of the City of Buffalo; and Whereas: These leagues were able to function at little or no cost to its participants, providing a valuable service to the community; and Whereas: A policy by the law department requires that any athletic leagues functioning within city community and recreation centers must take out insurance policies for at least $1 Million in coverage, indemnifying the City of Buffalo against any liability on these properties; and Whereas: This policy places a great financial strain on these athletic leagues which has rendered many of them incapable of continuing to function, thus preventing many residents from enjoying their favorite activities. Now, Therefore, Be It Resolved: That the Commissioner of the Department of Public Works, Parks, and Streets be allowed to waive insurance requirements on a case -by -case basis at his discretion, allowing these athletic leagues to continue to function despite economic restrictions. Richard A. Fontana Majority Leader \CA * FONTANA * MAN * GOLOMBEK x S * KEARNS * LO TO * R US S ELL * � * T - 6 314- 7 RESOLUTION Sponsored by: Mr. Fontana 1 0 1Z 14AYV6. Re: Waiver of Permit and Inspection Fees for Healthy Home of Science Rehabilitation Project Whereas: There is an unfortunate trend of decline in the housing stock on the East side of Buffalo; and Whereas: The house located at 276 Southampton St. was slated for demolition despite its potential for rehabilitation, contributing to the decline in housing stock; and Whereas: Mrs. Elizabeth Triggs of the We Care /None Like You Community Block Club works tirelessly toward the rehabilitation and improvement of Buffalo's distressed neighborhoods; and Whereas: In October of 2010 Mrs. Triggs and We Care /None Like You obtained ownership of the house at 276 Southampton for green rehabilitation in the Healthy Home of Science Project; and Whereas: Details of the project entailed total environmentally conservative rehabilitation and reconstruction of the property including new siding, roofing, electrical, plumbing, heating, doors, windows, and aesthetic finishing to be completed through volunteer union partnership programs; and Whereas: Completion of the project will result in an available brand new living space as well as a beacon of potential for the rehabilitation of distressed properties across the City of Buffalo. Now, Therefore, Be It Resolved: That the Common Council requests that the Department of Economic Development, Permits, and Inspections waive any and all fees associated with building permits and home inspection to defray some of the cost of the project from the We Care /None Like You Community Block Club, a not - for - profit organization. Richard A. Fontana Majority Leader - -� Yi AY NO k EONTANA FRANCZYK GOLONSEK HAYNES KMRNS LO `'O RUSS smum 213 314- 7 00102 A . 6" RESOLUTION Sponsor: Mr. Franczyk Re: New Appointments to the Police Reorganization Commission Whereas: The Common Council recently adopted resolutions that called for the empanelment and empowerment of a Joint Commission to Examine Police Reorganization to review the organizational structure of the Buffalo Police Department, evaluate its strengths and weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use personnel and equipment with the responsibility to beep neighborhood residents safe and maximize community policing; and Whereas: At this time, a number of appointments to the Joint Commission to Examine Police Reorganization currently remain unfilled; and Now, Therefore Be It Resolved: That I hereby submit the names of the following persons to serve as Common Council appointments on the Joint Commission to Examine Police Reorganization (current members and new appointments appear below): Council Appointments Appointee Appointee • Delaware District: H. Wayne Gerhart Richard Raines 85 Cleveland 220 Wellington Rd. • Ellicott District: James J. Sobol Lesley Haynes 18 Michael's Walk 155 Prospect Ave. • Fillmore District: Joseph Mascia Darnell Jackson 47 Marine Drive Apt. 4 -E 28 Barthel • Lovejoy District: Anthony Lebrun Cliff Braxton 1847 South Park Ave. 85 Kerns • Masten District: To Be Determined To Be Determined • Niagara. District: Terry O'Neill To Be Determined 102 Willett Street • North District: To Be Determined To Be Determined • South District: Thomas Higgins Richard Donovan 347 Whitfield 57 Susan Lane • University District: Linwood Roberts Ricky M. Allen, Sr. 295 Highland Parkway 191 Roosevelt Ave. PBA Representatives: Robert Meegan, Jr. (or his designee) Sean O'Brien 74 Franklin 74 Franklin Police Commissioner: Ex- officio (or his designee) Mayoral Appointments. To Be Determined To Be Determined To Be Determined To Be Determined David A. Franczyk Common Council President Fillmore District Council Member 0003 RESOLUTION By: Mr. Curtis Haynes, Jr. Co- Sponsors: Mr. Franczyk, Mr. Fontana, Mr. Golombek, Mr. Kearns, Mr. LoCurt©, Mr. Rivera, .Mrs. Russell, Mr. Smith Re: Step Up and Take a Stand Against Violence Day Whereas: Recent violent, tragic events in Buffalo have brought citizens together in concern about the effect of crime on families and friends, the safety, security and duality of life of residents and businesses and the public image of our City; and Whereas: Citizens, business owners, enforcement and elected leadership all agree that there is a need for greater understanding of the causes of crime, and greater cooperation in seeking its remedies; and Whereas: It is acknowledged that unemployment, underemployment and poverty are three major causes of violent crime and gun - related violence, especially in their impact upon youth; and Whereas: It is also acknowledged that education and training are two major tools in the efforts to save the young from the impact and seduction of crime; and Whereas: The Common Council of the City of Buffalo has voted to establish a Community Building Task Force that will be open to all interested citizens in the residential, academic, faith, enforcement and business communities to help define a strategy to control crime in Buffalo, and make its recommendations to the Common Council for action; and Whereas: Numerous organizations and individuals have taken it upon themselves to independently organize and mobilize to seek solutions to the problem of violent and gun - related crime in our community, including organizations like Stop the Violence Coalition, East Side Redevelopment Task Force, The Peace Organization, The Boys and Girls Clubs, The Peaceful World Movement; Lessons of Homicides Team, the Block Club Council, and many other worthy groups; and Whereas: Many citizens have sought a way to take a stand against violence and publicly show their concern in a positive manner; and Whereas: The US Center for Disease Control and Prevention has stated that youth violence should be treated as a disease by prescribing adults as mentors and role models, maximizing efforts to use public and private community resources to reduce the social and economic causes of violence in the environment of young people; and 1��` Whereas: It is fitting that City government sponsor an action that encourages individuals and organizations to join together in taking a stand against violence, and in favor of the education and mentoring of our youth, encouraging parents, individuals and organizations to step up to their responsibility of teaching and showing children that there are alternatives to violence; and Whereas: Charles Burgin has locally sponsored a petition drive with the goal of 50,000 signatures to illustrate the solidarity of our community in taking a stand for non - violence through the expansion of rnentoring programs in safe environments for young people; and Whereas: This independent petition drive is known as "Brotherman's Progress" to indicate that to achieve progress, we must all move forward together, united in brotherhood and sisterhood in a stand against violent crime for the future of our youth; and Whereas: These initiatives are in the best interests of the citizenry of the City of Buffalo. NOW, THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby designate November 17, 2010 as "Step Up and Take a Stand Against Violence Day," to encourage interested individuals and organizations to take a stand against violence in our community and support the petition drive; and NOW, THEREFORE BE IT FINALLY RESOLVED: The Common Council does also encourage other governing bodies and community organizations to sponsor similar events since violent crime has no boundaries, and the future of youth concerns us all. Curtis Haynes, Jr., #fficott DivIrict Jas p Golort qk, r.,1 or D strict David A. Rivera, Niagara District r David A. Franezyk Fillnmre District ichael P- Kearns, Soutlr District Bonnie E. Russell, University District Richard A. For�tana� La�jay 7�istrict LA District A. Sinith, District Q0 10 4 ,; A: d RESOLUTION Sponsors: Michael J. LoCurto and Michael P. Kearns Subject: Lack of Compliance with City Charter Article 2031 Whereas: The City Charter imposes on its City Departments, the Citizens Planning Commission and its Elected Officials, an annual requirement to prepare and adopt a Capital Improvement Program (CIP) Spending Plan and Budget; and Whereas: In conjunction with the annual adoption of the CIP Plan and Budget, a substantial amount of funds are obtained from Bonded Debt thereby imposing a corresponding obligation on the City to fund annual Principal and Interest payments on such debt as part of the process of borrowing money to fund and facilitate work and improvements of a capital nature; and Whereas: It is in the best interests of the City and its taxpayers that the work and improvements identified in CIP Spending Plan and Budget are awarded and completed in a timely manner; and Whereas: Idle bond fund proceeds cause planners and approvers to question the original need for borrowing such funds when they are not expended in a timely manner; and Whereas: The crafters of the City Charter in an effort to bring attention to this important matter crafted Article 2031 of the Charter which states that "On April 30 and October 31, the mayor shall submit to the council, the comptroller, and the citizens planning council a report describing the progress of the capital improvement projects, including schedules and explanations of any delays or anticipated cost overruns "; and Whereas: On the occasion of this Common Council meeting dated November 16, 2010, the City Clerk and the Common Council have yet to receive the report required by City Charter Article 20 -31. Now Therefore Be It Resolved, That this Honorable Body hereby requests of the Mayor, that he immediately file with the City Clerk for presentation to this Common Council, the report required by City Charter Article 20- 31; and Be It Finally Resolved That: That a copy of this communication be forwarded to the Office of the Mayor of the City of Buffalo to ensure his immediate response. MICHAE - . LOCURT® MICHAEL P. IDEA Common Council Member Common. Council Member ,. Delaware District South District �Acl M � � ADS 465PI.11Dr� W M ex—C4 5 6 eP -'; 7�7 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 Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, November 23, 2010 at 9:45 o'clock A.M. Tuesday, November 23, 2010 at 10:00 o'clock A.M. Tuesday, November 23, 2010 at 1:00 o'clock P.M. Tuesday, November 23, 2010 at 2:00 o'clock P.M. (Public Disclaimer All meetings 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 provided, In addition there may be meetings set u whereby the Cit y CIerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. 11r, 0010 No. Adjournment r 4' 6 ' On a motion by Mr. Fontana, Seconded by W- , the Council adjourned at�� / GERALD CHWALINSKI CITY CLERK November 16, 2010 SPECIAL SESSION November 9, 2010 AT 1:55 P.M. 1, Cali for Special Session R &F 2, 2010 -2011 Annual Action Plan Amend. (Yr 36 CDBG) APP 3. Adjourn R&F COMMON COUNCIL CITY FALL - BUFFALO SPECIAL SESSION November 9, 2010 at 1:55 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. *AYE *NO * * November 8, 2010 Mr. Gerald A. Chwalinski 0 City Clerk 1308 City Hall �` °°�°"` �� S51O Buffalo, New York. n 1 L Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated November 8, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on November 9, 2010 at 1:55 P.M. for the following pupose: To receive and take appropriate action on: 1. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) Yours very truly, ' , avid A.Franczyk President of the Council *FFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVE NCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY MALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 November 8, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated November 8, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on November 9, 2010 at 1:55 P.M. for the following purpose: To receive and take appropriate action on all items relating to I. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) Yours very truly, Gerald A. C [[[[ hwalinski City Clerk November S, 2010 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) We request that this Special Meeting be held on November 9, 2010 at 1:55 P.M. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit; RICHARD FONTANA CURTIS HAYNES JR MICHAEL LOCURTO BONNIE E. RUSSELL .JOSEPH GOLOMBEK MICHAEL KEARNS DAVID A. RIVERA DEMONS SMITH hereby states that he/she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on November 9, 2010 at 1:55 P.M. j STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 7th day of September 2010, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing _ instrument, and they duly and severally acknowledged to me that they executed the same. r Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 0000.' TO: FRONT: SUBJECT THE COMMON COUNCIL THE EXECUTIVE DEPARTMENT DATE: October 14, 2010 2010 -2011 Annual Action Plan Amendment (Year 36 Community Development Block Grant) Attached for Your Honorable Body's consideration and approval, please find an amendment to the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with an increased allocation of funds set forth by the U.S. Department of Housing & Urban Development. Following Common Council approval of the 201042011 Action. Plan on , the U.S. Department of Housing and Urban Development awarded to the City of Buffalo $1,317,551 in additional funding for the Community Development Block Grant Program (CDBG) and $43,367 more in funding for Housing Opportunities for Persons with Aids (HOPWA). The City proposes to allocate these new funds as follows: roplaa Public improvements -- new activity for improvements to streets, sidewalks and Public Facilities in low- moderate income neighborhoods throughout the City of Buffalo Demolitions Citywide - increase Benedict House - increase $650,775.50 , X650,775.50 Total $1,317,551.00 $43307 Total $43,367 Pursuant to HUD requirements, the City's 2010-2011 Annual Action Plan Amendments is designed to carry out the objectives approved in the city's 20082012 Consolidated Plan. Following Common Council approval of the plan, the City will hold a public hearing followed by a 30 -day public comment period. . �. e o City of Buffalo 4:yron W. Brown, Mayor 2010-2011 Annual Action Plan Amendment Recommendation Substantial October 0 Office of e Planning Brendan R. Mehaffy, Director 0 (Y 3 Annual.-Action Plan-Recommen On March 31, 2010, the official 2010 formula grant allocation amounts were released by the U.S. Department of Mousing & Urban Development. The City of Buffalo received additional funding than was estimated for the Community Development Block Grant (CDl3G) and the Housing Opportunities for Persons with AIDS ( HOPWA) Grant. These are the increases: Actual Estimated Difference CDI3G $17,409,073 $16,091,522 $1,317,551 HOPWA $ 565,329 $ 521,962 $ 43,367 To account for these increases, the City proposes the following changes to its 2010 -2011 Annual Action Plan budget: CDgG Program Public Improvements — new activity for improvements to streets, sidewalks and Public Facilities in low - moderate income neighborhoods throughout the City of Buffalo Demolitions Citywide - increase HOPWA Benedict House - increase $653,775.50 $656,77.5_.50 Total $1,317,551.00 Total The City has revised the 20102011 Annual Action Plan Budget as stated above. 43 367 $43,367 The City will conduct a Public Hearing to invite citizens to review and comment on the changes to the CDBG and HOPWA Programs. Upon commencement of the Public Hearing, there will be a 30 day comment period. i_i * AYE *NO* No. 6 Adj ournment On a motion by Councilmember Fontana, Seconded by , � , the Council adjourned at GERALD A. CHWALINSKI CITY CLERK