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HomeMy WebLinkAbout13-0903 (2)CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SEPTEMBER 3, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, GoIombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith. - 4 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on July 23, 2013 were approved. [ ------------- ] [ MAJ - 5 ] [2/3 - 6] [3/4- 7] September 3, 2013 *AY4 NO FONTANA FRANCZYK GOLOMBEK LOCURTO * PRIDGEN * /* * * *�* RIVERA RUSSELL SCANLON * SMITH * * * * * * September 3, 2013 FROM THE MAYOR September 3, 2013 G� FROM THE MAYOR - EXECUTIVE DEPARTMENT September 3, 2013 A FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 2, 2013 FROM: DEPARTMENT: _ Office of the Mayor T DIVISION: Citizen Services SUBJECT: Submission of Monthly Report for July 2013 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 July of 2013, as. mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED Department Head Name: Title: Signature of Department H City of Buffalo Citizen Services 218 City Hall Calls Between 71112013 and 713112013 1 1 218 City Hall Calls Between 7/1/2013 and 713112013 I FROM THE CITY PLANNING BOARD September 3, 2013 ®0 q, SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 697 of the implementing regulations pertaining to Article 8 (SEAR State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the fallowing action as it relates to the environment: Action Title Parking Lot, Larkinville Location: 630 -658 Seneca Street Type of Action: Unlisted - Uncoordinated Description: CBS Companies on behalf of Seneca Larkin 701 LLC are proposing the construction of a 300 car parking lot located at 630 -658 Seneca Street. Seneca Larkin 701, LLC has an agreement with the parcel owners to construct a new 300 plus car parking lot an a 2.35 acre site. The access drivelourb out to the new lot ids directly opposite Larkin Avenue. The developer also owns the parking lot to the east. The plan includes interior green space as well as landscaped perimeter areas together with off — property buffer zones will be seeded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect an 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 clean up a vacant lot that has been unused for many years as well as provide new employment opportunities during construction. The project will also ease parking concerns in the area as the Larkinville area continues to develop and grow, 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 related to the construction of this project which will have a significant adverse impact an the environment. For €urther.information relative to this Negative declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated July 30, 2013 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection C&S Companies `DECEIVED AND FILERJ D i� FROM THE BUFFALO PRESERVATION BOARD 0 , ( %,6j Form LS -1 Application for Landmark/Landmark Site D j { G �,() A 6 L) � Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: **** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site Jam fbCt C 4 F 2. Name of Property (if any) r Page 1 of 3 rim Note: If property is in multiple ownership, list the namesiaddresses of other persons having legal or equitable interest in property: Name of Present Owner R OW22 Address g r 71= City V . ^zip _one Contact person V Phone - SD � 4. Has the owner, if other than applicant, been contacted? Yes No If yes, is owner in favor of landmark designation? Yes No If yes, submit a signed statementlaffidavit by owner supporting Designation. 5. Present use of property 6. � ar of Co��n�stru i Information Source 7. Architect _ r Information Source 8. Is property endangered? Yes No If yes, explain: T 9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site. Please indicate the sources of information. 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned, If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. Page 2of3 REFERRED TO THE C OMMITTEE ON LEGISLATION. 1 11. Name of ADplicant 0 Organization, (if any) Address goy G(r gyL – city _ r-� - — Zip -- Phone z L:E-M O I hereby certify that the information contained herein is true and correct to the best of my knowledge. Signature of Applicant Date �12 Page 3 of 3 '•.., a. 4 4NWSPAPER SERVING THE GERMAN - AMERICANS OF UPSTATE NEW YORK " AUSTRIA - GERMANY • LIECHTENSTEIN • SWITZERLAND rt rr 7 r 7 7 w A-41. T 7 •7.. Karl R, Cole, President his year Spring Garden is celebrating its 75th Anniver- sary. A mutual appreciation of the out -of- doors, a desire to share in the peace and beauty of the woods, streams and hills plus the willingness to work and make it all possible is where it began. In 1938 a group of friends, under the leadership of our first president, Emil Auer, formally requested a Charter from the State of New York. The Charter was granted on April 1, 1938 and the Spring Garden was bom. A search was made to find a suitable place. Many locations were suggested by the Charter members who drove around WNY seeking the most desirable spot. Finally, our present location was chosen and the reasons are all too obvious — a stream winds gently through the wooded hips where the beauties of nature have remained as undisturbed as possible. In short, it answered all the requirements that had been sought. A sawmill was rented; trees that were chosen for their suitability; the logs were cut into beams and boards that form the inside of our present hall; the sounds of hammering and the hall took shape. A feverish pace was necessary because a picnic was planned for that May 30, 1938. From this beginning, we now have one of the finest recreation spots in WNY. Summer cottages are used by members. Many changes have taken place in the past 75 years. Most are cos- metic in nature. A great deal of credit belongs to our resident carpenters and other skilled craftsmen. Through our annual Maifest, Independence bay, Waldfost, GermanlPollsh and Schlachtfest pic- nics, we continue to offer traditional German meals, music and beverages. These events are open to the public. All this is the result of a dream that has come to bear fruit over the years uUnunueu on page J St. Ann's annual German Mass at St. Louis Church a successful collaboration w, r +; � E v ' r Postcard of st. Inn's Buffalo, MY C. 1908 Why Saving St. Ann's Church and Shrine Matters omhich 350 people attended St. ns annual German Mass, took place at 12:30 PM on April 21. This year the Mass was held at St. Louis Church in Downtown Buffalo, since SL Ann's Church and Shrine on Buffalo's East Side has remained shuttered since after 2012'5 German Mass. Plans for the 2013 Mass came together only in January after the St. Louis parish community graciously extended an enthusiastic welcome to the people of St. Ann's so that they could hold the annual celebration —the seventh — at St. Louis Church. Monsignor John Zeitler, who as a seminarian studied at the Canisianum in Innsbruck, celebrated the Mass. Mass began with a formal welcome from Michael Riesier, the parish archivist at St. Louis and organizer of St. Louis Church's part in the collaboration. Martin Ederer from St. Ann's Church joined hirn in welcoming ali present. Music was provided by the Buffalo Schwaben Cher, who have brought their talents to the German Mass since its inception at St. Ann's Church in 2007. St. Louis Church's music director, Frank Scinta, Continued on page 8 Martin Hderer T "'cese- te D of Buffalo recntly presented us with the resu of a structural analysis of St. Ann's Church and Shrine. This came a year after we were informed —after our 2012 German Mass —that the church was too unsafe for any further activities inside. We continued to look after the place after we were no longer permitted to have Mass in the church. In November, we were forbidden from even doing that, except after going through a much more complicated formal procedure to gain entrance. The recent structural analysis places repair costs at 8 to 12 million dollars. We have yet to fully digest and dissect what the diocese has told us. Still, we're talking a lot of money. That is perhaps reason enough to give up and resign ourselves to an imminent demolition of St. Ann's Church. But speaking as co -chair of a committee of parishioners, friends and volunteers that has worked seven years to avoid that fate, we have not given up. Stupid? Possibly. Especially since few, if any, o €our committee or our faith community have actually seen even one million dollars. Over the course of the last several years, numerous people we have welcomed into St. Ann's Church have asked why we continue to advocate for St. Ann's Church in what seems to he a losing struggle. There are numerous reasons. Here's the short list: -St. Ann's Church is a living monument to what German Buffala was, to our area's German immigrant heritage and to its hopes and ideals. It is also an important monument to Catholic evangelization efforts among Buffalo's African- American community. -Buffalo has recently rediscovered —aad has begun to showcase, recover and rebuild ---its cultural and architectural heritage. We have been given stewardship of one of Buffalo's finest churches. We have inherited a responsibility from poor donors who had nothing, but still gave all to build St. Ann's Continued on page 6 77te Buffalo Schwaben Chor performing at St. Ann's German Moss. Photo by Steve Kroczynski 1� _ _ 4 1 ave Saint Ann's From page I Church. We should honor their memory and their sacrifices. If the church is about people, as we are frequently reminded, we must remember that real live people made sacrifices so that we have St. Ann's Church. -Culture matters. Architecture matters. Beauty matters. Buildings are never just bricks and mortar. They are always about people. They always say something about the people who build and maintain them. If we compare St. Ann's Church to any average suburban church, we need to ponder who we have become. The average suburban church is usually a practical, uninspiring design that is surrounded by a vast parking lot. Have we become people who are so dominated by our automobiles and by comfort, case and pragmatism, that culturally we have become empty shells? Cars and comfort and practicality are all good things. But are they the only things? Christianity — and most reputable religious and philosophical traditions -- teach that we do not live by bread (or money or material comforts) alone. A place like St. Ann's Church serves as a reminder that there are beings out there more powerful than us, and concerns more important than our own individual material existences. While a church building, strictly speaking, is not the heart of Christianity, most o£ us need physical reminders in our world, A church is a symbol of our faith: it gives us a sense of place. A splendid We face a crossroads at St. Ann's Church, and we face at now. church reminds us of the splendor of God, We are not pure spirits, We have bodies. Some people come to their faith by reasoning their way to it; some need music; others need art and architecture. Why should Christians artificially limit the means of evangelization at their disposal? If we are believers, we take care of our bodies despite the knowledge that the life of the spirit is far more important. So how should the physical embodiment of a church community he any different? -We have been told that splendid churches are a luxury we can ill -afford when so many people have so many basic needs, especially in a neighborhood like that around St. Ann's Church. That may be true. But what does it say when we have unilaterally decided for a troubled neighborhood that the people there deserve no beauty, that beauty should only be something permitted to those who have money? -The Buffalo area has a long and lamentable record of the myopic destruction of its cultural monuments and its heritage. One need only mention the Frank Lloyd Wright - designed Larkin Office Building. And then there is the long list of structures that we now celebrate as important pieces of our community heritage that were saved or restored only after long and exhausting battles: the Darwin Martin House, Shea's Buffalo, Ring GERMAN FE ST August 9 -10, 2013 Spencerport Firemen's Field 75 S. Union St. off Rt. 259 in Spencerport, NY Friday, August 9 - 3pm - 11 pm Saturday, August 10- l lam -I Ipm Rain or Shine under the big tent] Food, Drink, Games, Entertainment non -stop! Music by DIE LUSTIGEN ALMDUDLER Friday and Saturday nights! Admission only $5! Under 16 free with I.D. Free Parking! www. rochestergerman.com sponsored by the Federation of German- American Societies in Rochester, NY Michigan Street Baptist Church, Corpus Christi Church. To be blunt, will we ever learn? We face a crossroads at St, Ann's Church, and we face it now. If we decide badly, future generations will condemn us for our lack of vision and far our barbarism in allowing our local cultural treasures to be plundered and destroyed. Or we could rally to this cause. In the 1870s, the German people of St. Ann — most of them poor — made an act of faith to build something splendid for God and for Buffalo. In 2013 dollars, their project would have cost millions. But they did it. Now it is our turn, and we have a choice. What are we going to do, and what will that decision say about us? We can pet this right, or we can recriminate ourselves yet again —after it is too late. Martin Ederer is professor of history at Buffalo State College. He co- chairs the St. Ann's Church and Shrine Revitalization Committee, Upper apartment; St. John Gua!berl area. Appl! incea Included, partially furnished. Includes heak elec, water & cable. New carpe5oli and paint No pets. Avallable immediately. References required. $520.00.882 -6659 IG RM IY N EirRI AGE USEUM o v.:r, e Date: We are ptdud tdannowit'fhe 1lpcoinibg exhibit Made in USA" which; fo" di fiiskiimp ever, will fell the mote [haq;twenty US cggpendfoivas named after the capital ofF�xeiiilaoy `t; This cxhi iHttl9l..opon June 26th, 2013 In conjunction with our celebration of he 50th anniversary of John F. Kennedy's visit to Berlin in 1963 where he spoke these h]stnnc;rvords: "Ich bin cin Berliner!" Please come .i ... vislt our museum in _, b Washington, family history, team about the 400,ygars of German in' "" rid how Americans of German sepQ ancestry helped ;M rited States today. Ti` support$eGemaan American Herit e - uJn and the German American Altege Foundation, mak ., "bution today to: GCTro Ar, dean Heritage Fot titre USA 71y' Street, MV, Waslu 20001 www.gehmusa. ' j. I _ 866.866.842 ` Ah ERR *N \ .:'S; , I' lofo@gahmusa .. Mu5TAME Es sind nicht nur dir Autos, es sand die Leute. It's not just the cars, it's the people. www.nia are ca.or 6 • Mir (germint (9ftisra • Summer 2013 Please support our advertisers - They make The German Citizen possibiel Intertarphoto of St. Ann's as it appears today. Urban Life Center, ECC City, FOR RENT FROM THE OFFICE OF STRATEGIC PLANNING voX- m 00400 RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR THE PROPOSED INSTALLATION OF COMMUNICATIONS TOWER AND RELATED EQUIPMENT BY T- MOBILE NORTHEAST LLC Project Name: Application by T- Mobile Northeast LLC ( "T- Mobile" or "Applicant ") for installation of communications tower and related equipment at the property Iocated at 523 and 535 Northampton Street, Buffalo, New York 14208 (the "Project "). Action Description: T- Mobile intends to construct a new wireless telecommunications facility ("Facility") to replace a site that was recently decommissioned at Deaconess Hospital on Humboldt Parkway (the Hospital was demolished). The Project requires site plan review and a Restricted Use Permit ( "RUP ") pursuant to the Charter and Code of the City of Buffalo ( "Code "). The Facility will consist of a 90' monopole, with six (6) antennas initially (ultimately nine (9)), at a centerline height of 90' and a base transceiver station with three cabinets within a screened and landscaped fenced area. The Project will replace a temporary site consisting of a cell tower on wheels (trailer with 86' guyed monopole) currently located at 533 Northampton Street. Location: 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site "). SEQRA Status: Type I _ Unlisted XX Determination of Significance: Negative Declaration XX Positive Declaration WHEREAS, on May 2, 2013, T- Mobile submitted a letter of intent with supporting -1 - (I documentation ( "Letter of Intent ") to: (1)the City of Buffalo Common Council ( "Common Council ") requesting an RUP; and (2) the City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval for the Project; WHEREAS, the Planning Board has broad authority over this Project with discretion to approve or disapprove the site plans or to impose appropriate conditions including any conditions necessary to mitigate any potentially adverse environmental impacts associated with the Project; WHEREAS, the Planning Board has been designated as lead agency in a coordinated SEQRA review of the Project; and WHEREAS, at its regular meeting on May 21, 2013 the Planning Board held a public hearing on the Project; and WHEREAS, representatives of the Community Action Organization ( "CAO ") voiced concerns over the Project; and WHEREAS, T- Mobile submitted revised site plans, photographs, and a revised Short Environmental Assessment Form ( "EAF ") on July 15, 2013 to reflect a new proposed location for the Project at the Site that was a result of a meeting with the CAO ( "Updated Letter of Intent "); and WHEREAS, the Project is an Unlisted Action pursuant to Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEQRA "); as it does not involve a physical change to 10 or more acres; does not involve an expansion of an existing facility by more than 120,000 square feet of gross floor area; and does not otherwise exceed any of the thresholds found in 6 NYCRR 617.4; WHEREAS, the Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project including the revised EAF dated July 9, 2013; the Letter of Intent requesting site plan approval dated May 2, 2013, the Updated Letter of Intent elated July 15, 2013 and all supporting exhibits thereto; and having considered the comments and points of view of the public; WHEREAS, a thorough analysis of the potential environmental impacts reveals that, where necessary, all adverse impacts have been mitigated to the greatest extent possible � -2 - by the design of the Project and that none of these impacts will be significant. WHEREAS, it is appropriate that the Planning Board issue a negative declaration for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE PLANNING BOARD AS FOLLOWS: 1. The Project will not have a significant adverse impact upon land. The Project will take place within a parcel of land zoned R2 Dwelling, where teleconununications facilities are permitted with an RUP under Section 511 -158 and 511 -55 of the Code. There will be minimal impact upon topography within the area to be disturbed. The Project does not involve construction on steep slopes. Thus, the Project will not have a significant adverse impact upon land. 2. The Project will not have a significant adverse impact to water. There are no surface water bodies in or adjacent to the Project site or on any adjacent properties. 3. The Project will not have an adverse impact upon air quality. There will be no significant air emissions from the Project and no air pollution permits will be required from local, state or federal authorities. 4. The Project will not have a significant adverse impact upon plants and animals. There are no on -site animal habitats, threatened or endangered species or endangered vegetation of any kind. The surrounding areas are residential or commercial zones, which do not provide environments that promote large animal populations or dense vegetation growth. 5. The Project will not have a significant adverse impact upon human health. The Facility will be operated in accordance with all Federal Communications Commission standards for limiting human exposure to radio frequency electromagnetic fields. Based upon the above, the Project will not create a significant hazard to human health. 6. There are no agricultural resources within the Project area. Thus, the Project will not have a significant adverse impact upon agricultural resources. 7. The Project will not have a significant adverse impact upon aesthetic resources. There will be no reduction in an aesthetic resource or enjoyment of the aesthetic qualities in the area. There are visually similar projects with 1 12 mile of the Site (See -3 - Visual Addendum of EAF). The Project will be replacing an existing 86 foot guyed monopole cell tower on wheels at 533 Northampton. The location on the Site was moved in response to concerns regarding screening. The fenced area surrounding the Facility will be screened and landscaped. The size of the compound was significantly reduced. To the north and west of the proposed monopole is a heavily -- vegetated area. There is a berm to the south with apple trees atop the berm. The Project also involves adding arbor vitae, apple trees and maple trees for additional screening. Thus, the Project is adequately screened and will not have a significant adverse impact upon aesthetic resources. 8. The Project will not have a significant adverse impact upon cultural resources in or eligible for inclusion in the State or National Register of Historic Places. Though the Project will be visible from a site listed on the National or State Register of Historic Places, there are visually similar projects with 1 /2 mile of the Site, including an 86 foot guyed monopole cell tower on wheels at 533 Northampton. Thus, the Project will not have a significant adverse impact to cultural resources. 9. The Project will not have a significant adverse impact upon open space or recreation. The Site is not currently open for public use. The Project will not adversely affect the quantity or quality of existing or future open spaces or recreational resources. 10. There are no Critical Environmental Areas, as defined by 6 NYCRR 617.14(g), on or near the Property. Therefore, there will be no significant adverse impacts to Critical Environmental Areas. 11. The Project will not have a significant adverse impact upon transportation. The Project is not expected to increase traffic on surrounding roadways during installation or upon completion. 12. The Project will not have a significant adverse impact upon energy. The proposed Project will not cause a significant increase in the use of any form of energy; therefore, the community's fuel or energy supply will not be adversely impacted by the Project. 13. With respect to noise impacts, the only potential adverse noise generated from the Project will occur during the construction phase of the Project. The Project will not produce operating noise exceeding local ambient noise levels. Construction activities will comply with applicable noise ordinances and laws. The noise impacts will occur solely during daytime hours when noise sensitivity is typically Iowest. Any noise impacts will be limited, temporary and short -term, and will not have a significant I adverse impact upon the environment. 14. The Project will not result in any odor impacts. The Project will not generate any noticeable odors. 15. The Project will have little or no impact on the surrounding community character. Visually similar projects are located within 1 /2 mile of the Site (See Visual Addendum of EAF), and the Project will replace an 86 foot guyed monopole cell tower on wheels at 533 Northampton. The effects of the project would not displace businesses or residences or change roadways or vehicular or pedestrian travel patterns. The Facility meets the one- hundred - percent -clear zone requirement, meaning that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the parcels on which it is located (523 and 535 Northampton Street).The fenced in area will be landscaped and screened from adjoining residential structures and the St. Martin De Porres Roman Catholic Church, located adjacent to the Site. Therefore, the Project will not result in a significant adverse impact to community character. 16. Considering all of the above, the proposal by T- Mobile to construct and operate the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQRA is hereby issued. 17. This Negative Declaration has been prepared in accordance with the requirements of SEQRA (Article 8 of the Environmental Conservation Law). -5 - 0 Supporting Documentation: 1. Letter of Intent from Phillips Lytle, LLP on behalf of T- Mobile, dated May 2, 2013 including all exhibits attached thereto. 2. Updated Letter of Intent from Phillips Lytle LLP on behalf of T- Mobile, dated May 15, 2013 including all exhibits attached thereto. This Resolution was adopted by a majority vote of the Plaruling Board on " 2013 and shall serve as the Negative Declaration (as defined in 6 NYCRR 617.2(y for the Project and is issued by the Planning Board, acting as lead agency, in an coordinated environmental impact review pursuant to SEQRA. Copies of this resolution shall be filed with the Planning Board via the City Cleric of the City of Buffalo. For Further Information Contact: The City of Buffalo Planning Board Martin Grunzweig Land Use Control Coordinator Room 901 City Hall Buffalo, New York 716- 851 -5085 Doc #01- 2668375.1 REFERRED TO THE cOMMiTTEE ON LEGISLATION. -6 - # 2 (Rev. 1193) MULTIPLE PAGE COMMUNCATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 29, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approval to Amend Land Disposition Agreement (LDA) Between the City of Buffalo and 663 E. Ferry DG, LLC to Include Additional Land and to Abandon & Sell a Portion of 1489 Fillmore. Masten District PRIOR COUNCIL REFERENCE: Item No. 7, C.C.P. 412113 and Item No. 10, C.C.P. 719113 Pursuant to Item No. 10, C.C.P. 7/9/2013 Your Honorable Body approved the LDA between the City of Buffalo and 663 E. Ferry DG, LLC ( "Developer ") (subject to Developer's right to designate a different corporation, partnership or other legal entity as developer and acceptable to the Executive Director of the Office of Strategic Planning) for the purchase of 663 East Ferry in order to construct a Dollar General Store ( "Project "). The Developer has contacted this office and advised that they need to purchase from the City additional adjoining land for a tractor trailer delivery and truck turn around. They are proposing to purchase a portion of excess land located at 1489 Fillmore (police station), which is located on the corner of Fillmore and East Ferry and adjacent to 663 East Ferry. This additional land is intended to be accommodated at the southwest corner of the original site located at 663 East Ferry, encompassing an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 sq. ft +/- (.50 Acres) of 1489 Fillmore. The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final surveys to be prepared. The Office of Strategic Planning Land Use Planning Committee, Department of Public Works and the Police Department have no objections to the sale of a portion of 1489 Fillmore. The Developer commissioned Gregory Klauk, Appraiser to estimate the value of the additional land being requested and he has estimated the fair market value of the subject property to be Eight Thousand Dollars ($8,000.00) or Three Dollars and Sixty -Six Cents ($3.66) per sq. ft. The appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the Appraiser's estimate of value of Three Dollars and Sixty -Six Cents ($3.66) per sq. ft. a 0 FORM #2 — Page #2 TEXT CONTINUATION RE: Request to Approve LDA Amendment for 663 East Ferry August 29, 2013 I am recommending that Your Honorable Body: 1. Authorize the abandonment and sale of a portion of 1489 Filfmore (Police Station) land (approximately 2,181 sq. ft. +1 -) for the amount of Three Dollars and Sixty -Six ($3.66) per sq. ft. to 663 E. Ferry DG, LLC or an entity designated by 663 E. Ferry DG, LLC., provided all of the conditions of the LDA are satisfied as indicated in Item No. 10, C.C.P. 71912013. 2. Authorize the Mayor to execute the amended LDA, the deed and all related closing documents on behalf of the City with 663 E. Ferry DG, LLC (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) for the property located at 663 East Ferry for the amount of One Hundred Twenty Thousand Dollars ($120,000), plus Three Dollars and Sixty -Six Cents ($3.66) per square foot for a portion of 1489 Filfmore. The additional land to be purchased a portion of 1489 Fillmore encompasses an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 sq. ft +/- (.50 Acres). The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final surveys to be prepared. 3. Authorize pertinent City personnel to take all such steps and actions and to execute and or process the necessary documents, agreements, deed and/or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA as amended; and 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amended LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives (including but not limited to the deed and other documents necessary for the transfer title). DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR OF THE OFFICE OF. STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: BM:plg NZ q C:inremlprivatesale1663 East Ferry Council Approve Amend LIDA Amendment to Land Disposition Agreement between the City of Buffalo and 663 E. Ferry DG, LLC (Masten)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 29, 2013, be received and filed; and That the Common Council hereby authorizes the abandonment and sale of a portion of 1489 Fillmore (police station) land (approximately 2,181 square foot + / -), for the amount of Three Dollars and Sixty -Six Cents ($3.66) per square foot to 663 E. Ferry DG, LLC, or an entity designated by 663 E. Ferry DG, LLC, provided all of the conditions of the Land Disposition Agreement are satisfied as indicated in Item No. 10, C.C.P., 719113; and That the Common Council hereby authorizes the Mayor to execute the amended Land Disposition Agreement, the deed and all related closing documents on behalf of the City with 663 E. Ferry DG, LLC (and/or a corporation, partnership or other legal entity to be designated by the developer and acceptable to the Executive Director of the Office of Strategic Planning) for the property located at 663 E. Ferry DG for the amount of One Hundred Twenty Thousand Dollars ($120,000.00), plus Three Dollars and Sixty -Six Cents $3.66) per square foot for a portion of 1486 Fillmore. The additional land to be purchased, a portion of 1489 Fillmore, encompasses an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 square feet +/- (.50 acres). The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final survey to be prepared; and That the Common Council hereby authorizes pertinent City personnel to take all such steps and actions and to execute and /or process the necessary documents, agreements, deeds and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the Land Disposition Agreement as amended; and hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amended Land Disposition Agreement and any ancillary agreements and other necessary documentation wherever necessary for execution and actual 'implementation of the above tasks and objectives (including, but not limited to, the deed and other documents necessary for the transfer of title). PASSED TAwp60V"\C0UNCII.14 -3 -13 meetingEand Disposition Agreement -663 E Ferry DG.docx 7 15 GEC -, [ S 6Q l Z1 *AYE* NO FONTANA FRA.NCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ MA] - 5 ] [2/3 - 6] [3/4 - 71 Q W #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: August 26, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 188 Gibson, 315'N Paderewski Lot Size: 30' x 110' Assessed Valuation: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Tu Hieu Buddhist Cultural Center, 647 Fillmore Avenue, Buffalo, New York 14212 to purchase 188 Gibson Street. They own 647 Fillmore, a cultural facility and a two family dwelling at 192 Gibson, which are all adjacent to 188 Gibson. The property will be used to beautify the area and green space for the center. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to Ninety Eight Cents ($.98) per square foot. Tu Hieu Buddhist Cultural Center has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Forty Eight Cents ($.48) per square foot for the subject property. They have 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 188 Gibson Street to Tu Hieu Buddhist Cultural Center in the amount of One Thousand Six Hundred Dollars ($1,600). 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: CHR IE R. NE SON TITLE: DI CTOR OF AL ESTATE O FICE OF S-T ATE,GIC PLANNING SIGNATURE OF DEPARTMENT HEAD: CRN:ck Repsals inhouse 188 gibsoNseles Report of Sale —188 Gibson (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Tu Hieu Buddhist Cultural Center, 647 Fillmore Avenue, Buffalo, New York 14212, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 188 Gibson 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 Ca UsersVrucinski \AppDatalLocallMicrosoBlWindows \Temporary Internet Files \Content.Outlook1OX32QVW6\Report of Sale 188 Gibson.docx FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON SMITH [MAJ- 5] [213 - 6] [314 - 71 00000' #1 (Rev. 1193) ' One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: August 26, 2013 FROM: DEPARTMENT: Office of Strategic Planning. DIVISION: Real Estate SUBJECT: Report of Sale Northerly Portion of 76 Kosciuszko, 137.23' S of Stanislaus Lot Size: 30'x 97' Only Assessed Valuation: $2,300 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mustafa W. McBryde, 213 Stanislaus Street, Buffalo, New York 14212 to purchase the northerly portion of 76 Kosciuszko, 30'x 97' only. Mr. McBryde owns and resides at 213 Stanislaus, and also owns the vacant lot at 78 Kosciuszko, which are adjacent to 76 Kosciuszko. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Eighty Cents ($.80) per square foot. Mr. McBryde has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Two Cents ($.52) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of the northerly portion of 76 Kosciuszko, 30'x 97' only to Mr. Mustafa W. McBryde in the amount of One Thousand Five Hundred Dollars ($1,500). 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: CHRISTIE . NELSON TITLE: DIRECTOR OF R AL ESTAT OFFICE OF STR TEGIC/PLNI SIGNATURE OF DEPARTMENT HEAD: CRN:ck Repsals inhouse 76 kosciuszko portinnisales Report of Sale — Northerly Portion of 76 Kosciuszko (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Mr. Mustafa W. McBryde of 213 Stanislaus Street, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of the northerly portion of 76 Kosciuszko, 30'X 97' only, 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 n CaUsersllrucinskilAppDatal Local lMicrosofllWindowslTamporary Internet Filesl Content.0utlook10X32QVW61Report of Sale 76 Kosciuszko- portion.dom 90 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH ------------- [ MAJ - 5 ] [213 - 6 [314 - 7] 0000 #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: August 26, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 81 Marshall, 180'N Bardol Lot Size: 30' x 130' Assessed Valuation: $1,100 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Bernice White, 83 Marshall, Buffalo, New York 14211 to purchase 81 Marshall Street. Ms. White owns and resides at 83 Marshall, which is adjacent to 81 Marshall. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Eighty Cents ($.80) per square foot. Ms. White has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Thirty Three Cents ($33) 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 81 Marshall to Ms. Bernice White in the amount of One Thousand Three Hundred Dollars ($1,300). 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: CRN:ck Repsale inhouse 81 marshalllsales CHRISTIE iV I DIREC;F OF EAL ESTATE OFFI.GE OF ST ATEGIC RYANNING Report of Sale — 81 Marshall (Masten)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Ms. Bernice White of 83 Marshall, Buffalo, New York 14211, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 81 Marshall 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 61 C:% UsersUrucinskilAppDatal LccallMicrosoft\WindowslTemporary [ntemet Files lContent.Outicok10X32QVW61Report of Sale 81 Marshall.doex FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] - [ MAJ - S ] [2/3 - 6] [3/4 - 7] 0000 #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: August 26, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 39 Sobieski, 338.99'N Broadway Lot Size: 30' x 95' Assessed Valuation: $1,500 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Faiz M. Reza, 63 Middle Street, Woburn, Massachusetts 01801 to. purchase 39 Sobieski Street. Mr. Reza owns a one family dwelling at 41 Sobieski, which is adjacent to 39 Sobieski. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty ($.50) to Eighty Cents ($.80) per square foot. Mr. Reza has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Two Cents ($.52) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 39 Sobieski to Mr. Faiz M. Reza in the amount of One Thousand Five Hundred Dollars ($1,500). 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: CHRISTIE R. WILSON TITLE: DIRECTO F REA�) ESTATE OFFIC F STRATEGIC PLANNI SIGNATURE OF DEPARTMENT HEAD: CRN:ck RepsRle inhouse 39 sabieskllsales 0 Report of Sale — 39 Sobieski (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Mr. Faiz M. Reza of 63 Middle Street, Woburn, Massachusetts 01801, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 39 Sobieski 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 C:lUsersllrucinski\AppData\ Local lMicrosoft\Windows\Temporary Internet Files lContent.outlook\OX32QVW6aeport of Sale 39 sobieski.docx *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON SMITH ------------- q- [MAJ- 5] [213 - 6] [314 - 7 ] l FROM THE COMPTROLLER September 3, 2013 0 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: August 26, 2013 FROM: The Department of Audit & Control SUBJECT: Bond Account Closeout Water Authority The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law — Section 165.00) The following accounts listed on the attachment have either: 1) A balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Unencumbered Account #: Account Name Balance Total 53100066 Construction Chemical treatment Plant $32,066.83 53100076 Filter Media Replacement $ 3,200.00 Total $35,266.83 DEPARTMENT HEAD: Mark J.F. Schroeder TITLE: Comptroller SIGNATURE: 1P Bond Closeout — Water Authority Mr. Smith moved: That the above communication from the Comptroller, dated August 26, 2013, be received and filed; and That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described in the above communication. Passed. t C:�,W S—OTeiipw Im d FWt)ucllNbamdel — n *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA * RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5 ] [213 - 6] [3/4 - 7] 000 1 MARK I F. SCHROEDER COMPTROLLER July 30, 2013 Han. Byron W. Brown Mayor of Buffalo 201 City Hall Buffalo, NY 14202 C ITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL 1225 Cny HALL BuFFALo, NEw YoRK 14202 716 - 851 -5255 _4 ANNE FORi'I- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG SZYMANSKI, CPA DEPUTY COMPTROLLER INVESTMENT & DEBT MANAOMENT WILLIAM FERGUSON, CPA DEPUTY COMPTROLLER my ACCOUNTANT KEVIN KAUFMAN, CPA DEPUTYCOMPTAOLLER CITY AUDffOR Dear Mayor Brown: 1 13 rum- Pursuant to Section 20 -21 of the Charter of the City of Buffalo, enclosed please find the Comptroller's Estimate and Report. Please feel free to contact me if you have any questions or concerns. Sincerely, - 1a;L : , 6�c�" Mark J.F. Schroeder Comptroller cc: The Honorable Members of the Buffalo Common Council The Citizens Planning Council Donna Estrich, Commissioner of Administration, Finance, Policy, & Urban Affairs SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 27, 2013 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [:Interfund Cash Loan I� G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxtxxlxx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an additional interfund cash loan to be made in the maximum amount of $60,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 2496 - Preservation Ready Survey Project GRANT TITLE: Downtown and the Beitiine "Preservation Ready" Survey Project GRANT AGENCY: New York State Historic Preservation Office GRANT AMOUNT: $60,000.00 MAXIMUM LOAN AMOUNT: $60,000.00 Estimated Date of Repayment: December 31, 2013 Brendan Mehaffy, Executtie 'r tar of the Office of Strategic Planning Donna Estrich, Commissioner of Admin., Finance, Policy & Urban Affairs L`" SIGNATURE DEPARTMENT HEAD TITLE: Deputy Comptroller Anne Forti- Sciarrino DATE: 8127113 Interfund Cash Loan Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated August 27, 2013, be received and fled; and That the Common Council hereby approves an interfund cash loan in the amount of $60,000.00 for the Downtown and Beltline "Preservation Ready" Survey Project —New York State Preservation Office. The loan is payable at the date of reimbursement. PASSED C: IUsersl lrucinskil AppDatal Loca)\MicrosoftlWindows\Temporary Intemet Fil eslContent .Outlook1OX32QVW6SInterfund Cash Loan 60k.docx FONTANA FRANCZYK * * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL * SCANLON SMITH [ MAJ - 51 [213 - 6] [314 -71 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: August 26, 2013 FROM: The Department of Audit & Control SUBJECT: Interfund Loan Erie Basin Marina/Hatch - $470,467 As part of the policy set forth in last year's Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $470,467 against the 2013 City Capital Improvements Budget for the Erie Basin Marina -Hatch Restaurant. The loan ($470,467) will be repaid when BANS or Bonds are issued in Fiscal year 2013 -14. From To Account Repayment Date Total General Fund Capital Projects — Erie Basin Marina/Hatch Restaurant 36328206 April 2014 $470,467 Pursuant to the City's Capital Budget/Debt Management Policy, the City intends to issue Bonds or BANS for City Projects during the Fiscal Year 2013 -2014. The remaining 2012 -2013 Capital Budget Projects, which were not funded with the 2013 BAN, that can be interfund loaned and included in the 2013 -2014 debt issue will be limited to $3,452,717 Currently, there are no City projects with an outstanding interfund loan. If this current request is approved, the City will be committed to $470,467* in projects. Approved 2012/2013 Capital Budget $21,271,885 LESS: 2013 BAN Issued $17,819,168 Approved Interfund Loans $0 2012 -2013 Capital Budget Balance $ 3,452,717 LESS: Current request* $$ 470,467* Balance available from FY 2012 -2013 Budget S2,982,250 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller r SIGNATURE: BYRWN W. BROWN MAYOR C ITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS INTERFUND LOAN REQUEST C —1-1 44 STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER TO: Mark J.F. Schroeder, Comptroller 150,000 Dec. 2013 $ 150,000 Jan. 2014 $ FROM: Steven J. Stepniak Commissioner $ 100,000 DATE: August 20, 2013 M Apr. 2014 $ 150,000 May 2014 $ SUBJECT: Inter -fund Loan Request $ 50 ,000 f ` }c $ Erie Basin Marina – Phase II Mr, Schroeder, r- The Department of Public Works Parks & Streets is hereby requesting an interfund loan in the amount of $470,467.00, which is the unsold portion of the Marina Bond. This amount, in addition to the balances available in the current accounts (35328206 & 36328206), will fund the construction & engineering for the Phase II Project per CCP 919, 9/18/12. The Department of Public Works Parks & Streets plans to receive bids on September 12, 2013 for the Phase 11 Project. Our approximate spend down is as follows: Nov. 2013 $ 150,000 Dec. 2013 $ 150,000 Jan. 2014 $ 100,000 Feb. 2014 $ 100,000 Mar. 2014 $ 150,000 Apr. 2014 $ 150,000 May 2014 $ 100,000 June 2014 $ 50 ,000 Total Approximate Cash Flow $ 950,000 SJS/DJP Attachments Cc: Anne Forti- Sciarrino, Accounting Gregg Szymanski, Investment & Debit Officer Rich Whitcomb, Investments & Cash Management Peter J. Merlo, P.E., City Engineer Donna Estrich, Commissioner Admin. & Fin. Len Tempestoso, Investments & Cash Management Lisa Mancuso, Accountant � 65 NIAGARA SQUARE / 502 CITY I4ALL / BUFFALO, NY 14202 -3373 / (716) 851 -5636 / FAX: (716) 851 -4201 / Email: sstepniak @city- buffalo.com . r BAER & ASSOCIATES LLC ERIE BASIN MARINA ALTERATIONS PHASE II 329 ERIE STREET BUFFALO, NEW YORK DIDONATO ASSOCIATES, P.E., P.C. 13 -78 DESIGN DEVELOPMENT ESTIMATE THE HATCH - RESTAURANT ADDITION 7/8/2013 TOTAL - THE HATCH - RESTAURANT ADDITION 3,100 SF $944,300 $304.61 100.00% TOTAL TOTAL TOTAL BLDG % OF SUMMARY MATERIAL LABOR COST $ / GSF TOTAL DIVISION 2 - $5,200 $14,000 $19,300 $6.23 2.04% DIVISION 3 - CONCRETE $41,600 $51,900 $93,500 $30.16 9.90% _ DIVISION 4 - MASONRY $2,800 $13,300 $16,000 $5.16 1.69% DIVISION 5 - METALS $115,100 $35,000 $150,100 $48.42 15.90% DIVISION 6 - WOOD AND PLASTICS $13,300 $4,700 $18,000 $5.81 1.91% DIVISION 7 - THERMAL & MOISTURE PROTECTION $41,700 $34,900 $76,600 $24.71 8.11% DIVISION 8 - DOORS AND WINDOWS $63,500 $15,400 $78,900 $25.45. 8.36% DIVISION 9 - FINISHES $23,100 $35,400 $58,500 $18.87 6.20% DIVISION 10 -SPECIALTIES $4,900 $1,300 $6,200 $2.00 0.66% DIVISION 14 - CONVEYING EQUIPMENT $33,200 $25,100 $58,300 $18.81 6.17% DIVISION 31 - SITEWORK $2,600 $6,000 $8,500 $2.74 0.90% SUB -TOTAL $347,000 $237,000 $583,900 $188.35 61.83% GENERAL CONDITIONS 8% $46,700 $15.06 4.95% SUB -TOTAL $630,600 $203.42 66.78% OVERHEAD AND PROFIT 8% $50,400 $16.26 5.34% TOTAL - GENERAL CONSTRUCTION $681,000 $219.68 72.12% DIVISION 22 - PLUMBING $31,000 $10.00 3.28% DIVISION 23 - HEATING, VENTILATING AND AIR CONDITIONING $46,500 $95.00 4.92% DIVISION 26 - ELECTRICAL $46,500 $15.00 4.92% SUB -TOTAL $805,000 $259.68 85.25% ESCALATION (MID -POINT 211114) 2% $16,100 $5.19 1.70% SUB -TOTAL $821,100 $264.87 86.95% DESIGN CONTINGENCY 15% $123,200 $39.74 13.05% TOTAL - THE HATCH - RESTAURANT ADDITION 3,100 SF $944,300 $304.61 100.00% Erie Basin Marina - The Hatch PH II -- Proiect Timeline JULY 17.20T3 AUGUST I3, 2(113 SEPTEMBER 12, OCTOBER 1, 2613 MAY 14. 2014 ' CD PHASE TO PRINTER 2613 COB COMMON CONSTRUCTION COODINATION BIDS RECEIVED COUNCIL MEETING PHASE 2 COMPLETE MEETING 5 WEEKS 1 15- Jul 22 -Jul 29 -Jul 5-Aug 12 -Aug 12 -Aug 19 Avg 26 -Aug 2 -Sep 9 -Sep 16 -Sep 23 - Sep 30-Sep 7 -Oct - 14 -Oct 21 -Qct 1 -May , JULY 16. 2013 AUGUST 8, 2013 AUGUST 22. 2013 OCTOBER 30, 2013 C.O.B. FINAL DOCUMEN7 ISSUED FOR BID BREAKGROUND - PLANNING REVIEWAND BOARD COORpINATION MEETING MEETING Interfund Cash Loan --- Erie Basin Marina/Hatch Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated August 26, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $470,467.00 for the 2013 City Capital Improvements Budget for the Erie Basin Marina -Hatch Restaurant. The loan will be repaid when BANS or Bonds are issued in Fiscal Year 2013 -14. PASSED CaUsersVrucinskil App➢ ata\ Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6 dnterfund Cash Loan Erie Basin Marina- l-latch.docx 4� *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH * * * * * [ ------------ ] [ MAJ - 5 ] [2I3 - s] [314 - FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION September 3, 2013 TO: FROM: 000 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL r-:) CP THE COMMON COUNCIL: DATE: July 29, 2013 i� 4 T' DEPARTMENT: Assessment & Taxation T -T SUBJECT: [: Request Approval of Certificate of [: Adjusted Base Proportions (: 2013 Roll PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx). Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A — Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. SIGNATURE DEPARTMENT HEAD TITLE: Commissioner, Assessment & ! '037 -6703 NEW YORK4TATE OpRGE OF REAL PROPERTYSERVICES OU17113 ' ' 16SHE iMAN AVENUE,AWAff, Ny 12210 -2714 + ' CERTIFICATE OF ADJUSTED BASE PROPORTIONS PURSUANT TO ARTICLE 19, RPTL • - FOR THE 2013 As$E5SMENT ROLL - - ' Apprllved Assessing Urid qty of Buffalo 140200 _ CERTIFICATION ° Name of Portion C* of Walo - ' Reference Rol 2012 • Levy Rag 21113 ' • DETERMINATION OF PORTION CLASS NET CHANGE IN ASSES= VALUE DUE TO PHYSICALAN ` Section I EQUALIZATION CHANOE$AND COMPUTATION OF CLAS9 CHANGE IN LEVEL OFASBES$MENT ' (A) (B) (C) (D) (Et ` Tom Total TOW Net $!rowing ` " Assessed Value Assessed V*m Assessed Vef,1a Assessed Value . TOW • " • an lie of Physical and of PiryslCal and of Assessed Value RafetencoRol CluenllpinmeasesOLoftDecreases Physical an fm " Emlrtdrng beM+een t m between the and Referanee Rol • epechtlFranddst Reference Rol Reference Rag OuanityCtrenges and Levy Rol and Levy Rol ' Hgnrestead 44W AQ.76T 641$400 6 !996,2541 4.477,138.103 " Mortonum%ad d.1S4,300,284 41,290,887 8,652.960 32,706,ea7 2.175,7415,266 • ( (G) (H) @ ` TOW TOW Net C hwW Assessed Value Assessed Valda EquaLmllon In Level of ` of Equala of Equalizadrn Changes Aysesstnerd • I, the clerk of th6 ieglsmltve body of the approved assessft hemses Detxaases Factor • unittldeltifledabove, body between the baAmn tlr6 • detenrine4 on base percwileges, raaretd Reim =Rol Reference Roll percehm9as, and nare3d be" proporflmrsassai forth herein " amLwfRol and Levy Rog - forthesssessmerdmlandpmtlonasiden0fiadahave .. ° sass (F G) (Ht�?*'l ' HOmeskmd 0r49g260 fO,g67AW (1.761.700) 0.89961 • Nort amested 26197.W 96v669.= (13,352.910) 0.88x86 • " ` 001111PUTATION OF PORTION MASS ADJUSTMENT FACTOR - Section 0 " (a) (K) (L) (M) (N) (0) Tamme T9ambla AavesaadValusof Tom!Taxable Taxable Class ` skinalt e " Aniseed Valle Assessed Vallm Spqual Frmodhfse Assessed Value Assessed VMA AdjuskWd ' onto a nihe ont m ant m on the Fact " Levy Rag Levy Rog L9vy R oll[ Levy Roll Ra[9rdnce Rol ' Exdhdarg atlhe Otte attha " Special Raw mWsc Reference Rol ReferaKm Roll Refererrpe lwN file ' LevalofftsessftW LeverofAssmrrt eve!ofAs6essmord " • a. 06) (K +L) [ROt) • Noarsskad 4}19$f28,W 4,197,771,098 0 4.197.7T7.OSB 4.190,369.014 1.00177 ' • Stale ' Nonhornesl W 1,836112A 27 1, 644, 431,721 300,267,304 2,234,699,925 2.161,987,666 1.0'5',63 ' r COMPUTATION OF ADJUSTED BASE PROPORTIONS Section M " ° (P) (0) (R1 Current Current A*Med ° Base Base Base ' ' Propol2ons Fropgrtlons PfapMOFS adlLsted for , " Pty61cW and GAWftChanges ' Cfps5 (P'p) (Ofeum(YFQ) 14gmas1aed 56.03300 56.1300) 64.25686 ° Noni mestead 44.96700 4BA7B42 45.74304 ' Total 100.0W00 101.671901 100.00000 ` " Local Adjustments to the Adjusted Base Proportions The municipality may make certain adjustments to the ABPs. See Subsection 1903 -4(c) of the Real Property Tax Law. City of Buffalo 2013 STEP 1 - Subtract the Adjusted Base Proportion for the Homestead Class from the Current Percentage for the Homestead Class Current Percentage for Homestead Class (part H of form RP -6701) Adjusted Base Proportion for Homestead Class (part R of form RP -6703) Difference 67,57075 54.25696 13.31378 STEP 2 - Take the Difference computed in STEP 1 and multiply it by 10 %, 20 %, 25 %, 30%, 40°x6, 50%, 60 %, 70 %, 75%,80%, and 90°x. Add this amount to the Homestead Adjusted Base Proportion. Amount to be Select a added to ercentape Homestead ABP 10% 1.33138 20% 2.66276 25% 3.32845 30% 3.99414 40% 5.32551 50% 6.65689 60% 7.98827 70% 9.31965 75% 9.98534 80% 10.65103 90% 11.98241 100% 13.31378 POSSIBLE TAX SHARES WHICH MAY BE ADOPTED Homestead NonHomestead 54.25696 45.74304 55.58834 44,41166 58.91972 43.08028 57.58541 42.41459 56.25110 41.74890 59.58248 40.41752 60.91386 39.08614 62.24523 37.75477 63.57661 36.42339 64.24230 35.75770 64.90799 35.09201 68.23937 33.76063 67.57075 32.42925 Request Approval of Certificates of Adjusted Base Proportions 2013 Roll Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 29, 2013, be received and filed; and That the Common Council hereby approves the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED C:\ Users\ lrucinskilAppData\ LocalWlicrosoft \Windows\Temporary Intemet Files\ Con tent.Outlook1OX32QVW61Adjusted Base propattions 2013 Roll.dc" *AYE* NO * FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RIVER-A RUSSELL SCANLON SMITH * [-------- - - - - -] [ MAJ - 5 ] [213 - 5] [314 - 7] ��� 000 A SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 29, 2013 FROM: DEPARTMENT: Assessment & Taxation 00 SUBJECT: [: Request Approval of Certificate of [: Current Base Proportions [: 2013 Roll PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) ED 9 Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A — Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. . SIGNATURE DEPARTMENT HEAD TITLE: Commissioner, Assessment & T ation f * »«k»*F�kMHkkk " RP 8709 +M+#kkkkM- xRF»wa »k too Poo k«H»+» Mrklnkf•»kw»kkrkk« «»kkkak»»»M+»»» P +»kkk#»k4k M»kMrk,. .. »»»Yiaka.kkr»«•» NEW YORK STATE. OFF -iC E DF RI. ROPEi3T SERVIt;ES 04/17113 16 S�IpAN AVENUE, ALBANY, NY 1221( -2714 * CERTIFICATE OF BASE PERCENTAGES, CURRENT PERCENTAGES AND ' CURRENT BASE PROPORTIONS PURSUANT TO ARTICLE 19, RPTL, FOR THE * * ke«»«»fk»»»«kk» *•».Y- »•k••k••••k• LEVY OF TAXES ON THE M3 ASSESSMENT ROIL *»•M+»»Mlkkkwe *» * MN••k•kk»»•»».k»kkw»kk. «aa...»k .kM.»..».«sa.kkk. 000.�- Approved Assessing Unit City of Buffalo, 140200 CERTIFICATION * Name or Pardon City ar Bulfaio » ' DOERMINATION OF BASE PERCENTAGES " Section I » (A} (B) (C) (D) * 1991 1991 Estimated Base * Taxable Class Market Pereoettages ` ' Assessed Value Equalization Rate Value Class Al(BMGD) (Cfsutn of C) ' Homestead » 2,146,800,117 69.53 3.087,588,260 58.6549854 + Nonhomestea- 1,636,876,875 84.40 2176.394,402 41.3450146 * Total » 3.983,676,992 5.263,982,661 100.0000000 * DETERMINATION OF CURRENT PERCENTAGES " Section Il " (E) (F) (G} (H) * Pri4rYear Prior Year Estimated Current ` Taxable Class Market perceftes " Assessed Value Equalttatfon Rate Value * I, the oler1r4f the legislative hotly of the approved Class EI(F /100) (Glsum of G) * assessing unit identified above. hereby certify * that the legislative body determined on Homestead 4190,359;014 97,02 4,550.237,550 _ 67.57075 * base percentages, current peroantam, and * quffent base proportions as set Earth hareinfor the • Nonhomeatea * 4101,9117;506 99100 2,183,825,866 32.42925 * assessment roll and portion as idenMW above. • Total 6.352.356,620 6,734,123,415 100.00000 » DETFMNATION OF CURRENT BASE PROPORTIONS Sect#on III �) (J) (19 (I-) 00 (N) (0) " * LOW Base Updated •Prospective Adusbed % difference Maximum Current ` Proportion Local Base Current Base Base PmWdgn bet~ prior Current Base Proportlone ' forthe Proportion Proportion used for Adjusted BaseProportlon * signature * 1992 Part (J) Prior Tax Levy Base Proportion " Asseasmer$ Roll Prorated and Prospeotve ' to 100.00 CXlnent * Base Proportion ' Class I*(I11D) (Jlsufn Q FJ) ((WILT iM40) (L.*I Au} • ^ title * Homestead 45.45296 52.36195 55.03300 54.111830 0.39 57.56027 55.03300 " Nonhamestm 54.54714 42.70443 44.96700 41L1#M -0.47 47.43974 44.96700 * * date * Fetal 100.00000 95.14629 100.00000 100.0000000 imoo 0o Ratio CBPH to CPH 0.814450 * * « * « k « k » k k » * Request Approval of Certificates of Current Base Proportions 2013 Roll Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 29, 2013, be received and filed; and That the Common Council hereby approves the Certificate of Current Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED C:1 Users% irucinski\. AppDataU .ocal\MicroscftlWinduwslTemporary Internet Files\ ContenkQutlnok\OX32QVW6\Current Base proportions 2013 Rcll.docx 6� �- FONTANA FRANCZYK * * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA3- 5] - [213 - 6] [314 - 71 000i # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: August 15, 2013 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT:: I� L= PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xxlxx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Tax Cancellation 2013 -14 Adjustments on the General City Tax for 2013 -14 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $250,377.50. TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD:. \5 CORRECTION OF ERROR CITY TO PAY TAX CANCELLATION 2013 - 2014 r ; h r ,r - 4 �. 1 8 NH 88.35 -7 -21A 395 AMHERST ST 05464500 $484.78 $484.78 $969.56 520 HEARING ASSESSED VALUE REDUCED. CHANGE NOT REFLECTED ON FINAL ROLL 1 9 NH 89.23 -3 -18 1046 AMHERST ST 05785900 $897.11 $897.11 $1,794.22 RECALCULATION FOR CO -OP 1 11 H 101.41 -1 -18 2164 BAILEY 08456800 $10.77 $10.77 $21.54 PROPERTY WAS DEMOLISHED ' ASSESSMENT NOT REDUCED 1 11 H 101.41 -1 -12 2182 BAILEY 08457400 $105.03 $105.03 $210.06 PROPERTY WAS DEMOLISHED ASSESSMENT NOT REDUCED 1 2 NH 99.66.8 -17 775 BUSTI 00582600 $538.65 $538,65 $1,077.30 EXEMPTION NOT APPLIED FOR 2013 ROLL 1 9 H 78.81 -2 -26 743 CRESCENT 05850900 $120.80 $120.80 $241.60 BAR LOWERED THE ASSESSMENT BUT ALSO A 520 1 3 NH 111.37 -5.618 200 DELAWARE 01414420 $36,403.65 $36,403.65 $72,807.30 EXEMPTION ADJUSTMENT WAS NOT INPUT IN RPS 1 3 NH 111.37 -5 -61C 200 DELAWARE 01414430 $25,735.60 $25,735.60 $51, 471.20 EXEMPTION ADJUSTMENT WAS NOT INPUT IN RPS. 1 10 H 78.84 -2 -11 300 DEPEW AVE 07000700 $0.00 $357.30 $357.30 STAR REMOVAL DUE TO STATE TAX LIABILITY BUT OWNER HAD LIFE ESTATE 1 i 1 H 111.41 -1 -5 1345 FERRY FAST 08580400 $131.07 $131.07 $262.14 PROPERTY WAS DEMOLISHED ASSESSMENT NOT REDUCED 9 H 89.22.5 -36 45 FORDHAM 05917900 $0.00 $744.22 $744.22 EXEMPTION REMOVED PER NYS; SAID OWNER WAS DECEASED; OWNER IS LIVING, HUSBAND IS DECEASED 1 8 H 88.25 -2 -9 226 GORTON 05089700 $178.65 $178.65 $357.30 EXEMPTION RBMOVED IN ERROR. DEED REMOVED DECEASED WIFE ONLY. HUSBAND REMAINS AS OWNER CORRECTION OF ERROR CITY TO PAY TAX CANCELLATION 2013 -2014 MR RUN _ i i Ex` i g 1 9 NH 89.74 -7 -32 92 HEDLEY 05950800 $1,955.95 $1,955.95 $3,911.90 EXEMPTION NOT APPLIED FOR 2013 ROLL 1 10 NH 90.46 -12 -19 582 KENSINGTON 07176500 $910.72 $910.72 $1,821.44 PROPERTY WAS,NOT DEFINED AS WHOLLY EXEMPT. PROPERTY MEETS CRITERIA FOR A NON PROFIT RELIGIOUS EXEMPTION. 1 3 H 111.24-5 -14.1 100 LEMON 01828750 $175.07 $175.07 $350.14 STAR EXEMPTION REMOVED ERROR 1 12 H 112.57 -1 -22 89 LUDINGTON 09981700 $178.65 $178.65 $357.31) EXEMPTION REMOVED IN ERROR. CURRENT OWNER WAS A PRIOR OWNER 1 2 H 99.36 -6-20 456 MASSACHUSETTS 00703700 $763.10 $763.10 $1, 526.20 EXEMPTIONS NOT APPLIED FOR 2013 1 2 H 99.51 -3 -37 351 NORMAL 00740700 $178.66 $178.66 $357,32 EXEMPTION REMOVED IN ERROR, WAS AN E -STAR FILING. 1 10 H 78.76 -3 -28 285 PARKER 07365300 $198.31 $198.31 $396.62 EXEMPTION REMOVED IN ERROR, WAS AN E -STAR FILING. 1 9 H 78.68 -3 -5 372 PARKER 06576100 $178.65 $178.65 $357.30 STAR SAVINGS NOT APPLIED FOR 2013 1 11 H 101.25 -5-17 176 ROSLYN 09185900 $137.00 $137.00 $ 274.00 CLERICAL ERROR, HOMEOWNER ENTITLED TO VETS EXEMPTION. 1 8 H 77.26 -4 -22 25 SEABROOK 05351100 $556.62 $556.62 $1,113,24 EXEMPTIONS REMOVED IN ERROR. OWNER HAD LIFE ESTATE 5 89 NH 555.00 -91 -13 97 SPECIAL FRANCHISE 12003089 $54,079.50 $54,079,50 $108,159.00 HILL FOR TIME WARNER PER AUDIT 1 11 H 101.59 -1 -17 74 STEWART 09221700 $108.62 $108.62 $217.24 RESULT OF 520 HEARING WAS NOT INPUT IN RPS 1 12 H 112.34.3 -33 66 VANDERBILT 10084100 $55.70 $55.70 $111.40 VET EXEMPTION REMOVED IN ERROR FROM THiS PARCEL. CORRECTION OF ERROR CITY TO PAY TAX CANCELLATION 2013 -2014 V '\ r ' - 'lif�fi� 1 14 H 133.73 -3 -43 86 WHITEHALL 11937500 $338.60 $338.60 $677.20 EXEMPTION REMOVED IN ERROR ^ 1 4 H 111.58 -2 -34,1 500 WILLIAM 03071350 $123.18 $123.18 $246.36 INCORRECT PERCENT ON VETERAN EXEMPTION 1 9 H 78.60 -4-22 105 WINSTON 06850000 $0.00 $187.10 $187.1D EXEMPTION REMOVED IN ERROR r IN 25 ° +AC �hy"G{Yx 'r S. } y a �3'kag'' y�� ffitk aii.'o...J V '\ Tax Cancellations — 2013 -2014 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation be received and filed, and that a warrant be drawn on the Account entitled General City Charges (Orig 17221008 Obj 480101 Tax Adjustment Fund) in favor of the City for the taxes indicated on the list attached to the August 15, 2013 Communication in the amount of $250,377.50 for the properties listed therein. Passed. C1U sersll rocinski\ AppData\ Lccal\MicrosoftlWindows\Temporary Internet FileslContenl AutlookSQX32QVW65Taz CanccIIalions.&, i `� *AYE* NO * FONTANA * FRANCZYK * * * GOLOMBEK * LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA) -5] [ 2/3 - 6 ] [3/4 - 7] �o FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS September 3, 2013 00001 - �l #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 28, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: Streets SUBJECT: [: Application for State Assistance for Household Hazardous Waste State Assistance Program A Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State. WHEREAS, the State of New York provides financial aid for HHW programs; and WHEREAS the City of Buffalo, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BUFFALO 1. That the filing of an application in the form required by the State of New York in conformity with the application laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That Steven Stepniak is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund the entire cost of said HHW Program and will be reimbursed by the State for the State share of such costs. 4. That four (4) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application. 5. That this resolution shall take effect immediately. SJS:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Cc: 0 Application for State Assistance for Household Hazardous Waste State Assistance Program (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to file an application in the form required by the State of New York for State Assistance from the Household Hazardous Waste Assistance Program and to sign the associated State contract, under the appropriate laws of New York State; and That the Common Council directs and authorizes the Commissioner of the Department of Public Works, Parks and Streets, as the official representative of the City of Buffalo to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State of New York; that the City of Buffalo agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs. PASSED C. a %li insS AppDatoUcalMcrowHS WindoxxS TemporarylnlemcthileslContentOuflwMOX32QV W65Applimtioa- Household Radom Waste Stale Assistance Pmgram.do \1 � *AYE* FONTANA TRANCZYK GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH * NO* * * * * * * * * * * [-------- - - - - -] [ MAJ - 5 ] [213 _ 6] [314 - 7] 00� cv COMMUNICATION TO THE.COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 28th, 2013 FROM. DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (none) Public Works Parks and Streets Parks Authorize Lease for Placement of Electric Vehicle Charging Station in Zoo Parking Lot Delaware District The Department of Public Works, Parks and Streets has received a request from the Zoological Society of Buffalo and from Niagara Mohawk Power Corporation to place an electric vehicle charging station in the parking lot at the Buffalo Zoo. The lease would be for a term of four years with one year renewal thereafter. The City of Buffalo is being asked to consent to the lease because the City owns the Zoo. The Zoo however is managed by the Zoological Society of Buffalo. A copy of the proposed lease is attached for your reference. This office requests and recommends that Your Honorable Body: 1. Approve a lease according to the above basic terms and other terms and conditions as are recommended and negotiated into the lease by the City Division of Real Estate, City Department of Public Works and the Corporation Counsel; 2. Authorize pertinent City personnel to take all such steps and actions and to execute such agreements and/or documents as shall be reasonably necessary to achieve the purpose and objectives of the lease; 3. Authorize the Corporation Counsel to prepare said lease and negotiate same to finalization; and 4. Authorize the Mayor execute the lease. Department Of Pu , Parks and Streets B Comm even J. Ste nick, Department Head 0 K" LEASE THIS LEASE (this "Lease ") is made as of this _,___ day of , 2013, by and between THE ZOOLOGICAL SOCIETY OF BUFFALO, having an address of ( "Lessor "), CITY OF BUFFALO, a municipal corporation with an address of City Hall, Buffalo, New York ( "Owner ") and NIAGARA MOHAWK POWER CORPORATION a New York corporation having an address of 300 Erie Boulevard West, Syracuse, New York 13202 ( "Lessee "). WHEREAS, pursuant to that certain management agreement between Lessor and the City of Buffalo dated , Lessor is the operator of that certain parcel of land located at the Buffalo Zoo and owned by Owner pursuant to that certain deed recorded with the County Registry of Deeds (the "Registry ") in Book , Page (the "Lessor's Property "), a copy of which deed is attached hereto as Exhibit A and made a part hereof; and WHEREAS, Lessee desires to use an area on the Lessor's Property for an electric charging station (the "Charging Station ") as depicted on Exhibit B attached hereto together with and right of ingress and egress to the Charging Station as more particularly shown on that plan (the "Plan") a copy of which Plan is attached hereto as Exhibit C and made apart hereof. NOW, THEREFORE, in consideration of the rents, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged under seal, the parties hereto agree as follows: l.. DESCRIPTION OF LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor on the terms and conditions hereinafter set forth, that portion of the Lessor's Property and the utility corridor as shown on the Plan (the "Leased Premises ") to install the Improvements (as hereinafter defined) together with the right to use in common with others entitled thereto such entrances and exit ways, driveways, sidewalks and walkways necessary for pedestrian and /or vehicular access to the Leased Premises. 2. USE OF LEASED PREMISES. Lessee shall have the right to use the Leased Premises at any and all times for the construction, maintenance and operation of the Charging Station and all related facilities and appurtenances, including, without limitation, the installation of transformer, meters, wires and concrete impact protections (collectively, the "Improvements "). Lessee, its employees, contractors and invitees shall unrestricted access to the Leased Premises at any and all times during the Term (as hereinafter defined). The general public and Lessor shall access to and use of the Charging Station located within the Leased Premises during the Term subject to the following terms and conditions: None. 3. TERM. The term ( "Tenn ") of this Lease shall be for a period of four (4) years, commencing as of installation of the Charging Station and terminating four (4) years thereafter (the "Original Term "). Unless sooner terminated as hereinafter provided at the end of the Original Term the term of this Lease shall automatically renew each year thereafter for successive one (1) year period(s) until otherwise terminated pursuant to the term of this Lease (each being an "Extension Term(s) "). Subject to any applicable state, local or federal laws and regulations governing the use and operation of the Charging Station, the Lease shall be extended upon the same terms and conditions as are set forth in this Lease. As used herein, the definition of "Term" shall include the Extension Term(s). Notwithstanding the foregoing, Lessee reserves the right to terminate this Lease at any time after the Original Term, by giving a written notice of termination at least sixty (60) days prior to the effective date of said termination, which shall be the end of the then current Term. Upon the effective date of termination, this Lease shall be of no further force and effect, except as to such liabilities or obligations which by their terms survive the termination of this Lease. 4. RENT AND LESSOR'S WORK. Lessee shall be required to pay Lessor one dollar ($1.00) per annum rent during the Term ( "Rent "). Prior to the installation of the Charging Station, Lessor shall perform at its sole cost and expense the installation work described on Exhibit D ( "Lessor's Work "). All Lessor's Work shall be done in a good workmanlike manner and shall at all times comply with all laws, rules, orders, and. regulations of governmental authorities having jurisdiction thereof and all insurance requirements. Lessor assumes full responsibility for the Lessor's Work and for all damages or losses arising from performance of Lessor's Work suffered by Lessor, Lessee or either party's agents, contractors, employees, or invitees. 5. IMPROVEMENTS; CONDITION OF PROPERTY AND SERVICES. Lessee shall have the right, from time to time and at any time, during the Term, at its own cost and expense, to change, improve, upgrade or remove any or all of the Improvements including, without limitation, the Charging Station, as Lessee in Lessee's sole discretion, deems appropriate. Lessee will maintain the Charging Station, in an orderly condition and in good repair at all times, reasonable wear and tear and Lessor's negligence and willful misconduct excepted. Lessor will maintain the Lessor's Property and the Improvements other than the Charging Stations, including the surface of the Licensed Premises, in an orderly condition and in good repair at all times, reasonable wear and tear and Lessee's negligence and willful misconduct excepted, including but not limited to maintaining the Lessor's Property free from water, ice, snow or other hazardous conditions and maintaining unimpeded access to the Charging Station. During the Term, Lessor shall be responsible for paying for all electricity service to the Leased Premises, including, without limitation, all electricity used to operate the Charging Station. Lessor and Owner agree to allow New York State Energy Research Development Authority ( "NYSERDA ") an entity that has provided funding for the Charging Stations and Lessee to use photos of the Charging Stations and data collected therefrom for the purposes of publicizing the results of this project. 6. PERMITS AND APPROVALS Lessee shall apply to the appropriate governmental authorities for such licenses, permits and any other administrative approvals (herein, collectively, "Permits ") as may be necessary to construct and operate the Charging Station. Upon the request of Lessee and at no cost or expense to Lessor, Lessor (and Owner if required) covenant and agree to cooperate with Lessee to obtain any and all such Permits, including promptly signing any applications for Permits as may be reasonably requested by Lessee from time to time. Lessor represents and warrants that the Improvements and the operation of the Improvements (including the Charging Station) do not violate any and all permits and approvals, including conditions thereof, obtained by Lessor from any state or local authority, for the construction and operation of the Lessor's Property and business located thereon. 2 � 7. TITLE TO PROPERTY; CONDITION OF PROPERTY. Owner represents, warrants, and agrees that: Owner is the current record owner in fee simple and Lessor represents, warrants and agrees that Lessor is the current operator pursuant to the above referenced management agreement of the Lessor's Property and, that each holds it free from any mortgages, encumbrances or restrictions that would interfere with Lessee's exercise of its rights hereunder. All Improvements shall be and remain the property of the Lessee, both during and after the Term hereof. 8. TAXES. Lessor shall be responsible for paying all taxes, assessments, betterments or other charges with respect to Lessor's Property, including without limitation the Leased Premises. Lessee shall be responsible for paying any and all taxes, assessments, or other charges with respect to the Charging Station within sixty (60) day of written notice from the Lessor to Lessee of such assessment together with the of the applicable tax bill evidencing such assessment and charges. 9. END OF TERM; SURRENDER. Lessee shall, upon the expiration or earlier termination of this Lease, remove all Lessee's Improvements from the Leased Premises within ninety (90) days. 10. INSURANCE; WAIVER OF SUBROGATION (a) Lessee shall either self insure or obtain third party insurance coverage as follows; commercial general liability insurance with a combined single limit of at least $2,000,000.00, naming Lessor as an additional insured. Lessee may satisfy this insurance requirement by carrying a so- called "blanket" and/or "umbrella" insurance policy provided that the amount of coverage allocated to the Leased Premises shall fulfill the foregoing requirement. (b) Lessor shall maintain the following insurance: Property Insurance on the Lessor's Property; Commercial General Liability Insurance - $3,000,000 combined single limit per occurrence and include National Grid USA, its subsidiaries and affiliates as an Additional Insured; and Workers Compensation Insurance, as required by the State . (c) Each party hereby waives all liability of, and all right to recovery and subrogation against, and agrees that neither it nor its insurers will sue the other party, for any loss of or damage to property arising out of fire or casualty to the extent insured, and each party agrees that all insurance policies relating to the Leased Premises shall contain waivers of such liability, recovery, subrogation and suit. 11. INDEMNIFICATION. (a) Lessee shall indemnify and defend (with counsel reasonably satisfactory to Lessor), pay for and hold the Lessor harmless from and against any and all costs, losses, demands, liabilities and expenses resulting from the use of or access to the Leased Premises by Lessee or by any person claiming by, through, or under Lessee (including without limitation all employees, invitees and contractors of Lessee), or from Lessee's breach of this Lease, including, but not limited to, reasonable attorney's fees and costs; provided, however, that the foregoing provision shall not apply to the extent that any loss, cost, liability or expense is a result of Lessor's negligent acts, omissions, willful misconduct or the failure of Lessor to perform its obligations hereunder. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 3 (b) Lessor shall indemnify (with counsel reasonably satisfactory to Lessee), pay for and hold Lessee harmless from and against any and all costs, losses, demands, liabilities and expenses resulting from operation or use of the Lessor's Property and the Lessor's Work, including, without limitation the Leased Premises, by Lessor or by any person claiming by, through, or under Lessor (including without limitation all employees, invitees and contractors of Lessor), or from Lessor's breach of this Lease, including, but not limited to, reasonable attorney's fees and costs; provided, however, that the foregoing provision shall not apply to the extent that any loss, cost, liability or expense is a result of Lessee's negligent acts, omissions, willful misconduct or failure of Lessee to perform its obligations hereunder. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. (c) Lessor and Owner acknowledges that NYSERDA has provided funding to support the installation of this Charging Station. Lessor acknowledges and agrees that NYSERDA shall have no liability to Lessor relating to the installation and operation of the Charging Station or otherwise relating to this agreement, and that all such liability responsibility shall be between Lessor and Lessee 12. DEFAULT. (a) In the event that Lessee fails to comply with any provision of this Lease, which default shall not have been cured within thirty (30) days after receiving written notice from Lessor specifying such default, or in the event such default is not curable within thirty (30) days and Lessee fails to commence to cure the same within thirty (30) days and thereafter proceed diligently to complete the cure thereof, then the Lessor may, at Lessor's option and in addition to any other remedies available under the law, serve upon Lessee a notice of termination which shall provide that the term of this Lease shall expire and terminate as fully and with like effect as if the entire term of this Lease had lapsed. (b) In the event that Lessor fails to comply with any provision of this Lease, which default shall not have been cured within thirty (30) days after receiving written notice from Lessee specifying such default, or in the event such default is not curable within thirty (30) days and Lessor fails to commence to cure the same within thirty (30) days and thereafter proceed diligently to complete the cure thereof, then the Lessee may, at Lessee's option and in addition for any other remedies available under the law, either (i) terminate this lease, in which event this Lease shall expire and terminate as fully and with like effect as if the entire term of this Lease had lapsed, or (ii) if such default is curable by Lessee, cure such default on Lessor's behalf at Lessor's sole cost and expense. 13. NOTICE Any notice given by Lessor, Owner or Lessee with respect to the Leased Premises, or to the occupancy thereof, shall be deemed duly served only if delivered by hand, mailed by registered or certified mail, return receipt requested, postage prepaid, or if sent by recognized overnight courier capable of providing a written receipt, to Lessee at 40 Sylvan Road, Waltham, MA 02451, Attention: ' with a copy to Attention: Assistant General Counsel -Real Estate, 40 Sylvan Road, Waltham, MA 02451; and if to Lessor at ; and if to Owner at 14. COVENANT OF QUIET ENJOYMENT. The Lessor and Owner covenant and agree that, upon the Lessee's performing and observing the agreements, conditions and other provisions on its part to be performed and observed under this Lease within applicable grace periods, the Lessee shall peaceably and quietly have, hold and enjoy the Leased Premises and all of the rights relating thereto during the Term, without any manner of hindrance or molestation from the Lessor or Owner. 4 15. ASSIGNMENT OR TRANSFER BY LESSEE. Lessee shall have the right to assign this Lease with the consent of the Lessor or Owners, Lessor and Owners hereby agreeing that such consent shall not be unreasonably withheld or delayed and to be deemed given if not denied within fifteen (15) days of Lessee's request. Notwithstanding the foregoing, Lessee shall have the right to assign or sublet all or any portion of the Leased Premises without the Lessor's and/or Owner's consent to (i) any person(s) or entity who controls, is controlled by or is under common control with Lessee, (ii) any entity resulting from a public offering or transfer of shares of Lessee on a stock exchange or equivalent trading system, (iii) any entity resulting from the merger, consolidation or other reorganization with Lessee, whether or not Lessee is the surviving entity, or (iv) any entity which acquires all or substantially all of the assets or stock (or other ownership interests) of Lessee. 16. WAIVER No delay or omission by either party in the exercise of any right under this Lease shall impair any such right or shall be taken, construed or considered as a waiver or relinquishment thereof, but any such right may be exercised from time to time and as often as may be deemed expedient. If any agreement or covenant herein shall be breached by either party and thereafter waived by either party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 17. DEFINITION OF LESSOR; ASSIGNMENT OR TRANSFER BY LESSOR. If the Lessor's Property shall be sold or transferred or if Owner enters into a new management contact during the Term hereof, the Lessor and/or Owner shall assign this Lease to the purchaser or assignee or new operator and they shall thereupon be deemed to have assumed and agreed to perform and observe all obligations and liabilities of Lessor and /or Owner hereunder. Owner and Lessor agree that it shall notify Lessee in advance as promptly as practicable of any proposed transfer or sale or new management contract of all or any part of the Lessor's Property. 18. RECORDING AND SUBORDINATION. Either party may record 'a notice of this Lease. Lessee agrees to execute a discharge or release of such notice of Lease upon the expiration or earlier termination of this Lease. Lessee further agrees that should Lessee fail to execute such discharge or release, that Lessee shall appoint Lessor its attorney -in -fact and give Lessor such power of attorney for the sole purpose of executing a discharge or release of such notice of Lease on behalf of Lessee. In the event this Lease shall become subject and subordinated to the liens of any mortgages or deeds of trust in any amount or amounts whatsoever hereafter encumbering the Leased Premises, Lessee covenants and agrees to execute and deliver upon demand such instruments evidencing the subordination of this Lease to the liens of mortgages as may be reasonably requested by Lessor; provided however, that the __.. holder of any such mortgage executes and delivers a Subordination, Non - disturbance and Attornment Agreement in form and substance reasonably acceptable to Lessor and Lessee. So long as Lessee shall pay the rent and comply with, abide by and discharge the terms, conditions, covenants and obligations on its part, to be kept and performed herein and shall attorn to any successor in title, the peaceable possession of the Lessee in and to the Leased Premises for the Term of this Lease, shall not be disturbed, in the event of the foreclosure of any such mortgage or deed of trust, by the purchaser at such foreclosure sale or such purchaser's successor in title. V, 19. ENTIRE AGREEMENT; NO MODIFICATION. This Lease constitutes the entire agreement between the parties relating to the use of the Leased Premises as described herein and supersedes all prior oral and written offers, negotiations, proposals, representations, agreements, courses of dealing, and understandings between the parties relating to the subject matter hereof, and is subject to no understandings, conditions, or representations other than those expressly stated herein. No modification, alteration or amendment of this Lease shall be binding unless in writing and executed by both parties to this Lease. 20. SEVERABILITY. If any provision of the Agreement shall be declared to be unenforceable, the remaining provisions hereof shall remain in full force and effect. 21. COUNTERPARTS. This Lease may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, but such counterparts together shall constitute but one and the same instrument. 22. GOVERNING LAW. This Lease and the enforcement thereof shall be governed by the laws of the State of New York. 23. DISPUTES. Venue is located in Buffalo, New York. 24. BINDING EFFECT. The terms and conditions of the Lease shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. 25. DUE AUTHORITY. Owner, Lessor and Lessee each represent and warrant that the execution, acknowledgement and delivery of this Lease and the performance of their respective obligations hereunder have been duly authorized and that the person signing has the authority to sign and deliver this Lease on behalf of said party and to thereby bind said parry to the same. [SIGNATURE PAGES TO FOLLOW] "At IN WITNESS WHEREOF, the parties hereto have executed this Lease,. or caused this Lease to be duly executed by their respective duly authorized representatives, as an instrument under seal as of the day and year first set forth above. LESSOR: LESSEE: THE ZOOLOGICAL SOCIETY OF BUFFALO NIAGARA. MOHAWK POWER CORPORATION By:_ Name: Title: By:_ Name: Title: ACKNOWLEDGE, AGREED AND CONSENTED TO BY OVVNER: CITY OF BUFFALO By:_ Name: Title: A \ Exhibit A LESSOR'S PROPERTY /T l Exhibit B CHARGING STATION 1� EXHIBIT C PLAN 10 Ar ?4 luC I —, I r . ,n 9 _,..- '' �} .•:.... a �� � �,: 1. G � k I I I pi + .. i?:$ ,:,®- S, �F �p� =�i a i �s 5 A tl i, ��q? �a3tle 01 j wA �a � aS R kF R 1, ' ; .1 � zz 1 f � O 00 O O O O ® O Q �g G 4 l ip 42 i I ' m of 31 h, RC# q P -------- 1 ^.8vv �, 6 R� A i I3 F� � � � ��S I I 5 i � m $1 A Age F f D �P RE -j'F' ryR E �R .a 10 { F_ y / ! W 4P ®o® ® ® ® ® e m ® e 0 h' f B jcm :. gi' 3 g- ME 55 = af9 _S yE • �a E /� �' OS 88 €a 4 Q $ as s€�i 33 2 qq A J g Ad!Sig�C 4cI ---- - -..a- - FF RR�AKC b _ R .�R A � i D ��� — ` — P:e h ° 2 a§,� SS $a4- - - - - - - - - - - - - a 9 2 yy�� gg R S E9 �eQ� -j� ■ 3 ■ A S . 88 a FoMbert E S► ;. •" BUFFALO ZOO MAfN ENTRY au� ­IDE A YFf.LE nio.nex rowc iuis 'Ab EXHIBIT D LESSOR'S WORK 11 Lease for the Placement of Electric Vehicle Charging Station in the Zoo Parking Lot (Del)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with the Zoological Society of Buffalo and Niagara Mohawk Power Corporation to place an electric vehicle charging station in the parking lot at the Buffalo Zoo for a term of four (4) years; and that The Common Council hereby approves the lease according to the above basic terms and other terms and conditions as are recommended and negotiated into the lease by the City of Buffalo Division of Real Estate, City of Buffalo Department of Public Works and the City of Buffalo Corporation Counsel; hereby authorizes pertinent City personnel to take all such steps and actions and to execute such agreements and/or documents as shall be reasonably necessary to achieve the purpose and objectives of the lease; hereby authorizes the Corporation Counsel to prepare said lease and negotiate .same to finalization; and hereby authorizes the Mayor to execute same. PASSED C: illsenllrucinstiSAppDaraS [.acallMicrosoftSWindoasSTemporuy lntcmet FllesTantenl.Oudwk1Ox72QV W65We Eleade Vehicle Chazging Stmbn -Zoo Pw&g Ulh= 'AYL' IN FONTANA * * * _- .. FRANCZYK * * * GOLOMBEK * * * LOCURTO * * * PRIDGEN * * * RTVERA RUSSELL SCANLON SMITH ------------- [ MA] - 5 ] [213 - 6] [314 - 7] 000.1 t) #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 26, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Buildings /Facilities [: Renewable Energy & Energy Updates [: Job #1037 [: Various. Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. COP ) TEXT: I hereby submit to Your Honorable Body the following changes for City Buildings /Facilities, Renewable Energy & Energy Updates, David Homebuilders, and C #93000662. By Contract, David Homes was required to leverage other Add $ 243,936.00 Federal and State incentives and rebates to grow the City's Energy Efficiency and Conservations Block Grant (EECBG) Program and advance the City's goals. David Homes has Successfully leveraged Federal and State programs, and has applied and received incentives and rebates totaling $192,518 Per the requirements of the Department of Energy (DOE) Financial accounting memo, these funds must be rolled back Into the contract to provide additional renewable energy and Energy upgrades to the City of Buffalo facilities. This change Order will complete the project. The foregoing changes result in a net increase in the contract of Two Hundred Forty Three Thousand Nine Hundred Thirty Six and 001100 Dollars ($243,936.00). Summary: Original Contract Amount $2,736,900.00 Change Order #1 $ 260,000.00 Change Order #2 $ 307,421.84 Amount of This Change Order ( #3) (MIS Department NC Units) $ 243,936.00 Revised Contract Amount $3,548,578.84 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in accounts 209 80007. 474100 -10443 ($192,518) and 35323106 - 43400 ($51,418). S /PJM /BMGldlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merb, P. E. Title: City Engineer For: Commissioner of Public Works s & Streets �,S Signature of Department Head: 1z Change in Contract — City Buildings /Facilities Renewable Energy and Energy Updates (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated July 26, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #3 in the amount of $243,936.00 (Original Contract Amount $2,736,900.00 + Change Order #1 $260,000.00 + Change Order #2 $307,421.84 + Change Order #3 $243,936.00 for a Revised Contract Amount of $3,548,578.84) for city Buildings /Facilities, Renewable Energy and Energy Updates, to David Hornebuilders, C #93000662. Funds for this work are available in Accounts #20980007 - 474100 -10443 and 35323106. 43400. PASSED CaIIserstlrucinskilAppDatal[ .ocalSMicrosoAlWindowslTemporary Internet FilesSCpnlent .Cutlook10X32QVW61Chaage in Contract- Renewable Energy due \� *AYE* NO FONTANA PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -� [MA3- 5 } [213 - 6] [3/4 -7I zj� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 11, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: 60 Hedley Place [: Reconstruction — Phase II [: Job #11103 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 14, CCP 07123113 EX. (ITEM NO. . CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for 60 Hedley Place, Reconstruction, Phase II, Ledge Creek Development, Inc., C #93000937. 1. Remove (2) interior brick chimneys. Add $ 8,344.35 2. Modify basement floor excavation & corridor bearing wall details. Deduct $ 3,709.00 3. Remove remainder of stone walls at basement corridor walls; add additional Add $ 22,654.50 footings, columns and beams. 4. Modify entrance drive elevations and width. Add $ 1,761.42 5. Modify frame, door and hardware components. Deduct $ 68.04 6. Furnish and install steel support brackets for girder truss at elevator shaft Add $ 2,328.50 area. 7. Furnish and install mortised exit devices in order to make exit devices Add $ 1,430.39 compatible with electric strikes at 2 exterior doors. 8. Furnish and install stone lintel at 15t floor window opening at SE corner of bldg. Add $ 1,193.70 Removal of existing window revealed structural crack in existing lintel. 9. Furnish and install range hood. Add $ 249.53 The foregoing changes result in a net increase in the contract of Thirty Four Thousand One Hundred Eighty Five and 351100 Dollars ($34,185.35). Summary: Original Contract Amount $614,000.00 Amount of This Change Order ( #1) $ 34,185.35 Revised Contract Amount $648,185.35 Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works., Parks & Streets and were found to be fair and equitable. Funds for this work are being changed to 38320606 445100 ($22,600.00) and 33320606 445100 ($11,585.35) — Buildings. SJS /PJM /BMG /dIg cc: Comptroller:. J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissione ublic War ,-Pa & Streets Signature of Department Head: i Change in Contract -- 60 Hedley Place Reconstruction — Phase II (Masten) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated July 11, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $34,185.35 (Original Contract Amount $614,000.00 + Change Order 41 $34,185.35 for a Revised Contract Amount of $648,185.35) for 60 Hedley Place, Reconstruction, Phase II, to Ledge Creek Development, Inc., C #93000937. Funds for this work are available in Accounts 438320606 445100 and 33320606 445100 --- Buildings. Passed C:1Dmments and SettingsklehnerlLocal SettingsWemporary Internet Files1OLKM\Change in Contract -60 Hedley Place.doc 1 Pip' 11 t [-------- - - - - -I [MAJ- 51 [2/3 - 61 [314 - 7] * * *AYE* NO FONTANA * * * FRANCZYK .... * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -I [MAJ- 51 [2/3 - 61 [314 - 7] * * 00021 #1 (Rev. 1193) SINGLE.PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 29, 2013 FROM: DEPARTMENT. Public Works, Parks & Streets DIVISION; Buildings SUBJECT: [: Change in Contract [: Parkside Lodge at Delaware Park [: Window Reconstruction Project [: Job #1244 [; Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP } TEXT: I hereby submit to Your Honorable Body the following changes for Parkside Lodge at Delaware Park, Window Reconstruction Project, Allstate Contracting, C #93001095. 1. Supply and install approved louver, with insect screen to replace existing (6) locations. Add $ 884.06 The foregoing changes result in a net increase in the contract of Eight Hundred Eighty -four Dollars and 061100 Dollars ($884.06). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $113,450.00 $ 884.06 $114,334.00 P Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 33320606 - 445100 Buildings. SJS /PJMIJF /kg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commission f Public Works, Parks & Streets Signature of Department Head: NA Change in Contract — Parkside Lodge at Delaware Park Window Reconstruction Project (Del) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated August 29, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $884.06 (Original Contract Amount $113,450.00 + Change Order #1 $884.06 for a Revised Contract Amount of $114,334.00) for Parkside Lodge at Delaware Park, Window Reconstruction Project, to Allstate Contracting, C #93001095. Funds for this work are available in Account #33320606 445100 —Buildings. PASSED r�\ C:l Userslhucinski\ AppData\ LocallMicrosoftlWindows\Temporary Internet Files\ Content.outlook10X32QVW61Change in Contract- Parkside Lodge.doc �` ON --------- [MAJ- 5] [213 - 6] [ 314 - 71 *AYE* NO FONTANA * *_ * * * FRANCZYK * * * GOLOMBEK * * * LOCURTO PRIDGEN * *_ RTVERA * * �` * * * RUSSELL * * * SCANLON * SMITH --------- [MAJ- 5] [213 - 6] [ 314 - 71 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL qA TO: THE COMMON COUNCIL DATE: August 9, 2013 00 0 2 FROM: DEPARTMENT: Public Works, Parks ,& Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Tosh Collins Ice Rink [: Modifications [: Job #1261 C� PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: hereby submit to Your Honorable Body the following change for Tosh Collins Ice Rink, Modificationbs, Miller Enterprises, C #93001155. 1. Furnish and install angles and stainless anchors, grout under Add $ 1,799.00 the ice side of the first 5 channels in the pit of the ice rink. The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Ninety Nine and 001100 Dollars ($1,799.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $ 98,800.00 $ 1,799.00 $100,599.00 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 available in 35320706 445100 —Buildings. SJS /PJM /JF /dlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of is orks, Parks & Streets Signature of Department Head: ma- Change in Contract — Tosh Collins Ice Rink Modifications (South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated August 9, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $1,799.00 (Original Contract Amount $98,800.00 + Change Order #1 $1,799.00 for a Revised Contract Amount of $100,599.00) for Tosh Collins lee Rink, Modifications, to Miller Enterprises, C #93001155. Funds for this work are available in Account #35320706 445100 — Buildings. PASSED C:SUsersSImcinski\ App➢ atal Local\Microsoft\Windows\Temparary Internet Files\Ccntent.0utlook10X32QV W6\Change in Contract -Tosh Callins.doc 8� *AYE* NO FONTANA * * * . ` ` FRANCZYK - * * * GOLOMBEK * * * LOCURTO PRIDGEN RIVERA * * * RUSSELL * * * SCANLON * * * SMITH * * __ -] * * q* o [MA3- 5] [213 - 6] [314 - 7] 2121 3 0 0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 28, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Coca Cola Field [: Distributed Sound System & Renovations [: Job #1274 [: Ellicott Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. TEXT: CCP ) hereby submit to Your Honorable Body the following changes for the Coca Cola Field, Distributed Sound System & Renovations, Cannon Design, C #93001037. 1. Additional design services required for seating Add $82,845.00 replacement at Coca Cola Field. The change order is required to ensure that the seats are installed before the 2014 season. This is part of an ongoing design service contract established by an RFQ bidding and selection process. The foregoing change results in a net increase in the contract of Eighty TwoThousand Eight Hundred Forty Five and 00/100 Dollars ($82,845.00), Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $ 50, 000.00 $ 82, 845.00 $132,845.00 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is.available in 336324706 445100 Buildings. SJS/PJM/DDC /dig REFERRED TO THE COMMITTEE cc: Comptroller ON COMMUNITY DEVELOPMENT. J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner lic rks, Parks & Streets Signature of Department Head: 7 L 00024 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 21, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: SUBJECT: [: 425 Jersey Street [: Proposed encroachments with City Right of Way Mr. Jake Monti, owner of the property. located at 425 Jersey Street, has requested permission to install fencing, a brick wall, brick pavers, and pergola within city right of way at said address. All encroachments would be located between the sidewalk and the property line and therefore would not impede pedestrian traffic. The brick wall would be two feet in height, twenty five feet in length and double as a planter. The fencing would be four feet high and the pergola would be constructed of wood. The Department of Public Works, Parks and Streets has reviewed this application in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are met: I .That the applicant obtain any and all other City of Buffalo permits necessary including a building permit from the Department of Permit and Inspection Services. 2.That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the applicant be responsible for maintenance of all encroachments as long as they remain within City right of way. 4.That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. SJS:PJM:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: PO is �Prpvinus F rnnt Ya w F - i •r� ti e- F L F' C /I eAl �J Not Pictured • Flower Bed at East End of Property • Flower Bed at West End of Property • Patio Furniture • Grill • Gate on fence • Trellis on west end of pergola is only 50% complete as pictured and will have vines planted and growing through it 8 0 Project Proposed Encroachments in City Right-of-Way — 425 Jersey Street (Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 21, 2013, be received and filed; and That the Common Council hereby grants permission to install fencing, a brick wall, brick pavers and pergola within the City right -of -way at 425 Jersey street, subject to the following conditions: 1. That such approval is subject to approval by the City Planning Board, including any conditions and restrictions imposed by said board; 2. That the applicant obtain any and all other City of Buffalo permits necessary, including a building permit from the Department of Permit and Inspection Services; 3. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 4. That the applicant be responsible for maintenance of all encroachments as long as they remain with the City right-of-way; and 5. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED C\ Users\ lrucinski\ AppData\ Local\MictosoftlWindows\Temporary Intemet Files\ Content .Outlook\OX32QVW6\Encmachments in City ROW 425 Jersey.docx 9 � LOCURTO PRIDGEN RLVERA RUSSELL * SCANLON * SMITH [-------- - - - - -� _ (� [MAJ- s} [ 2/3 - 61 [3/4 - 7] Rl'-, 000") 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 22, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Design and Construction Services for the former [: Squaw Island Landfill Closure [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: None Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire ARCADIS to perform design and construction administration and observation services for the Squaw Island Landfill (Site). The Site is a former City landfill where contaminated materials have been buried beneath clean fill. As part of its on -going oversight the NYSDEC has identified further measures that need to be addressed in order to complete the closure of the Indfill. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in Capital account(s) 31548906- 445100, 31310906-445100 and/or an account(s) to be named at a later date. ARCADIS has been selected based on their qualifications in this area of engineering and their knowledge of the Site. PJM:MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Engage in Services — Consulting Engineer for Design and Construction Services for the former Squaw Island Landfill Closure (North) (DPW) Mr, Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire ARCADIS to perform design and construction administration and observation services for the Squaw Island Landfill (Site). The Site is a former City landfill where contaminated materials have been buried beneath clean fill. ARCADIS has been selected based on their qualifications in this area of engineering and their knowledge of the Site. The funds are available Capital Account(s) 31548906- 445100, 31310906 - 445100 and /or an account(s) to be named at a later date. PASSED I C:%Um4mch-JdSAppDataSt.o iNicrosoftlWkdmv%Temporaq ktemet FiteslContent .OcOmk1OX72QVW67cmiWon to Pngege Services- SquawtO—Ld— q ------------- [MAJ- 51 [213 - 6] [314 - 7] FONTANA -. -.- .... _ FRANCZ GOLOMBEK LOCURTO PRIDGEN RIVERA * RUSSELL * SCANLON * SMITH * ------------- [MAJ- 51 [213 - 6] [314 - 7] 000.07 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Aug. 21, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Enter into Agreements [: with FHWA. FTA, NFTA, NYSDOT and BNMC [: for the Design, Construction and Inspection of [: Buffalo Niagara Medical Campus, Phase III [ Allen Street Extension Project [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: TJ The Federal Highway Administration (FHWA) have designated funds for the design, construction and construction inspection of the Buffalo Niagara Medical Campus, Phase III -- Allen Street Extension project in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5757.95. This project will implement streetscape improvements along Allen Street from Wadsworth to Main Streets, and will extend Allen Street as a pedestrian thoroughfare from Washington to North Oak Streets. It is necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all "necessary work needed to complete the inspection and construction of this project. PJM /JDB:dab Cc: Steven J. Stepniak, Commissioner, DPWPS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P. E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (BNMC- AIIenSt. Extension- enteragreements -08211 I doc) Permission to Enter Into Agreements for the Design, Construction and Inspection of the Buffalo Niagara Medical Campus, Phase III — Allen Street Extension Project (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 21, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration and the New York State Department of Transportation for the design, construction and construction inspection of the Buffalo Niagara Medical Campus, Phase III — Allen Street Extension Project in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #575795. PASSED <P C:1UsersllmcinskilApp➢ata\Loca] MicrosoftlWindows\Temparary Internet Files\Conlent.Outlook1OX32QV W61Petmission to Enter Into Agreement- BNMC -docx [-------- - - - - -] [ MAJ - 5 ] ** [213 - 6] [314 - 7] 4 AYE* NO FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] ** [213 - 6] [314 - 7] #1 (Rev. 1193) 00027 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 27, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to enter into [Agreement w/NYSDOT for [Buffalo Outer Harbor Trail- Phase II Project [PIN 5757.43 [Fillmore /South District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P.) 4 Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Design (V& VI) phases of the project related to construction of the new shared pathway at Ohio Street between Michigan Avenue and Fuhrmann Boulevard. In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first. instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. City share of total project costs is 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. PJM: sag DEPARTMENT HEAD NAME: TITLE: Peter J. Merlo, P.E., City Engineer SIGNATURE OF DEPARTMENT HEAD: Permission to Enter Into Agreements with NYSDOT for Buffalo Outer Harbor Trail — Phase II Project (Fill /South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 27, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) for the Design (V & VI) phases of the project related to construction of the new shared pathway at Ohio Street between Michigan Avenue and Fuhrman Boulevard; and hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. The City's share of total project costs is 5 %. Funds for the project will be available in Capital Project Account for the Local Match of the Federal Aid projects. PASSED C:1 UsersVmcinski\ AppData UcallMicrosoft\WindowslTemporary Internei File s\ Coniont.OutlooklOX 32QVW61Permission to Enter Into Agreement -Outer Harbor Trail.docx *9 [ ------------- ] *1*0* [ MAJ - 5 ] [213 - 6] [314 - 7] *AYE* NO FONTANA * *_ FR ANCZYK GOLOMBEK LOCURTO * * * PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] *1*0* [ MAJ - 5 ] [213 - 6] [314 - 7] 0 0 0�8 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION Public Works, Parks and Streets Engineering DATE: August 26, 2013 SUBJECT: [Permission to Increase Consultant Contract [TVGA Consultant- Contract # 93000534 [Kenmore Avenue Reconstruction Project PRIOR COUNCIL REFERENCE: (IF ANY) No. 21, 04/19/2011 Ex. (Item No., C.C.P.) I hereby submit to your Honorable Body the following change for this contract. TVGA Consultant is the engineering consultant for Kenmore Avenue Reconstruction Project. This increase is necessary for the following additional services related to design phase of the project: - Evaluation of on - street parking - Analysis of full -depth and mill & overlay construction - Evaluation of infrastructure preservation for potential construction cost reductions - Revise and update Right- of -Way Maps - Revise Contract Design (Plans, Specifications & Estimates) Plan Documents Previously Contract approved: $ 1,334,954.95 This Cost increase: $ 78,170.36 Total: $ 1,413,125.31 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 78,170.36 This Project is Funded by FHWA, New York State, Erie County and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of Design cost is about 2.5 %. Funds for this project will be available in capital project Account # 36567606- 445500. PJM: sg DEPARTMENT HEAD NAME: TITLE: Peter J. Merlo City Engineer SIGNATURE OF DEPARTMENT HEAD: Permission to Increase Consultant Contract — TVGA Consultant Kenmore Avenue Reconstruction Project (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated August 26, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $78,170.36 (Original Contract Amount $1,334,954.95 + Change Order #1 $78,170.36 for a Revised Contract Amount of $1,413,125.31) for Kenmore Avenue Reconstruction Project, to TVGA Consultant, C #93000534. Funds for this work are available in Capital Project Accounts #36567606 - 445500. PASSED C:\ UsersVrucinsk i \AppDatslLoca]IMicrosoHlWindows \Temporary Intemet Files \Content.Outlook\OX32QVW6\Chmge in Contract- TVGA.doc �% *AYE* NO FONTANA * x FRANCZYK * * GOLOIVMBEK * * * LOCURTO * * * PRIDGEN * * * RIVERA * * * RUSSELL SCANLON SMITH [ MAr - 51 [213 - 6] [314 - 7] 000`19 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Aug 26, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks SUBJECT: [Permission to Increase Contract [STC Construction - contract # 93000964 [Massachusetts Avenue Park - Phase II [Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. C.C.P. I hereby submit to your Honorable Body the following change for this contract. STC Construction is the contractor for reconstruction of Massachusetts Avenue Park - Phase 11 project. This increase is necessary for the following additional works by contractor: - Additional Electrical Meter installation revisions requested by National Grid. Previously approved Contract Amount: $ 311,711.00 This Cost increase: $ 2,387.00 Total: $ 314,098.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 2,387.00 Funds for this project are available in capital project Account # 39320506- 445100. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E., City Engineer Permission to Increase Consultant Contract — STC Construction — Massachusetts Avenue Park Project — Phase II (Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated August 26, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order 41 in the amount of $2,387.00 (Original Contract Amount $311,711.00 + Change Order 41 $2,387.00 for a Revised Contract Amount of $314,098.00) for the Massachusetts Avenue Park Project — Phase II, to STC Construction, C #93000964. Funds for this work are available in Capital Project Accounts #39320506- 445100. PASSED C: SUsersllrucinski\AppData\Loca15 Microsoft lW - sndo% slTemporarylntemet FilesVContent .Outlook1OX32QVW51Change in Contract -STC Construction.doc F� *AYE* NO FONTANA * ' * * * - FRANCZYK -7*- - -- - -. * * * GOLOMBEK * * * LOCURTO * * * PRIDGEN RIVERA RUSSELL * * * SCANLON SMITH - - - -] [MAJ -5} *o (2/3 - 61 [314 - 7] 0001'0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 26, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Negotiate /Acquire [Right of Way Parcels [Bailey Avenue Bridges over [Buffalo River and Cazenovia Creek Project [FHWA/NYSDOT PIN # 5756.34 [South District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xx, CCP xxlxxlxx) �1\ Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to negotiate and acquire necessary ROW related to the subject project. The acquisition of the following parcels is required and all legal description, maps and appraisals are being prepared by our project consultant as follows: Buffalo Sewer Authority Property — 719 Elk Street Erie County park property — 152 Bailey Avenue Mr. James Dingledey - 150 Bailey Avenue Ms. Lorraine G. Meyers - -14 &16 Melvin Place Trust of Frank J. Adornetto & Sharon Adornetto -- 415 Bailey Avenue 787 Elk Street, LLC — 787 Elk Street This is a federal funded project and City's share is 5% of the total costs. The funds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for all the above parcels. PJM: sag DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: Permission to Negotiate /Acquire Right -of -Way Parcels -- Bailey Avenue Bridge over Buffalo River and Cazenovia Creek Project (South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 26, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to negotiate and acquire necessary right -of -way related to the subject project. The acquisition of the following parcels is required and all legal descriptions, maps and appraisals are being prepared by the project consultant: 716 Elk Street, 152 Bailey Avenue, 150 Bailey Avenue, 14 and 16 Melvin Place, 415 Bailey Avenue and 787 Elk Street. This is a federally funded project and the City's share is 15% of the total costs. Funds are available in Capital Accounts. PASSED q� C: \Users'SrucinskiUpp➢ata\ Local \Microsoft\WindowsSTemporary Internet Files\ Content .Outlook\OX32QVW6Tncroachments in City ROW Bailey Ave bridgeAux 10 -Y/ %AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH ------------- [MA.I- 6]� [ 2/3 - 6 ] [3/4 - 7 1 0003 i l #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 15, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Bridge Bearing Repair/ Replacement at [: Two Bridges in the City of Buffalo [: PIN #5760.33 PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on August 7, 2013 The lowest three bids received were: Contractor Base Bid Total Bid Price L.C. Whitford Co., Inc. $239,887.00 $251,881.35 164 North Main Street Wellsville, NY 14895 Hohl Industrial $288,142.00 $302,549.10 770 Riverview Blvd. Tonawanda, NY 14150 Piasecki Steel Construction Co. $374,050.00 $392,752.50 1264 Route 9 Castleton, NY 12033 I hereby certify that the lowest responsible bidder for the above project is L.C. Whitford Co., Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to L.C. Whitford Co., Inc. in the amount of $251,881.35. (Base Bid of $239,887.00 + [5% unit price increases] $11,994.35 equals [Total Award] $251,881.35). The engineer's estimate for this work is $314,890.00. This project is a 80% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #35314206 - 445100 and an account to be named at a later date. SJS /JDB/DJP:dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo, P.C. City Engineer SIGNATURE OF DEPARTMENT HEAD: ■ D I D O N ATO BEARING REPAIRIREPLACEMENT.AT TWO BRIDGES IN THE CITY OF BUFFALO ENGINEERING BIN 2260650 and BIN 5512290 & DESIGN NYSDQT PIN No, 5760.33 August 7, 2013 PROFESSIONALS BID TAB FOR BIDS RELIEVED WEDNESDAY AUGUST 7, 2013 AT 11:00 AM, ROOM 502, CITY HALL, BUFFALO, NEW YORK Base Bid „item No 71 Item Descnptrart }..... :.: 7 > Lllt Ruarttrty -: e N; Engrneers LC:Whiliord "!: NohllrtdiutrSal PlakecId-St eel . < .,-::.UniEGast..;z. ..' . . :<Totai;Gas4==' UmtCost,. Tota7Cost UnitsCost TotalCosE :- Mnd:�ost _Safa1'Gost" z _ 564.510001 STRUCTURAL STEEL LB 7250 $10.00 $72,500 $6.38 $46,255.00 $7.06 $51,185.00 $5.00 $36,250.00 565.2032 TYPTE E.B. EXPANSION BEARING 56 to 111 EA 16 $2,000.00 $32,000 $1,380.16 $22,082.56 $1.255.50 $20,088.00 $3,000.00 $48,000.00 565.2033 TYPE E.B. EXPANSION BEARING 112 to 168k EA 8 $2,540.00 $20,000 $1,515.49 $12,123.92 $1,414.50 $11,316.00 $3,000.00 $24,000.00 565.43020015 BRIDGE BEARING RESTORATION EA 2 $5,000.00 $10,000 $8,000.00 $16,000.00 $10,720.00 $21,440.00 $35,000.00 $70,000.04 585.410004 STRUCTURAL LIFTING OPERATIONS EA 24 $2,000.00 $48,000 $3.173.77 $76,170.48 $4,080.50 $97,932.00 $3,000.04 $72,000.00 589.520001 REMOVAL OF EXISTING STEEL EA 24 $500.00 $12,000 $779.91 $18,717.84 $684.44 $16.416.00 $1,250.00' $30,000.00 619.010400 DAILY MAINTENANCE AND PROTECTION LS 1 $80,400.00 $80,000 $11,719.46 $11,719.46 $23,925.00 $23,925.40 $50,400.00 $50,000.00 619.040000 TYPE III CONSTRUCTION BARRICADES EA 96 $45.00 $4,320 $65.40 $6,240.00 $111.50 $10,704.00 $50.00 $4,800.00 619.170100 TEMPORARY CONCRETE BARRIER, UNPINNED EA 160 $25.00 $4,000 $29.34 $4,694.40 $44.60 $7,136.00 $50.00 $8,000.00 625.090000 SURVEY OPERATIONS LS 1 $5,000.00 $5,400 $3.700.00 $3.700.00 $3,000.00 $3,000.00 $4.000.00 $4,000.00 697.03 FIELD CHANGE PAYMENT DC 1 14000 $1.04 1 $14,000 $1.00 $14,000.00 $1.00 $14,000.00 $1.00 $14.000.00 699.040001 MOBILIZATION LS 1 $12,070.00 $12,070 $8,183.34 $8,163.34 BaserBid $29,8. 87 0� Na written or Mathematical Errors Noted $11,000.00 $11,000.00 `" 288,1F204 No written�o� or Mathematical Errors Noted $13,000.00 $13,000.00 ° _ �_ , $$Z1;lIY�000 No written or Mathematical Errors Noted NOTED EXCEPTIONS FROM BID DOCUMENTS L.C. WHITFORD NONE NOTED HOHL INDUSTRIAL NONE NOTED PIASECKI STEEL NONE NOTED ]CEDURES AND FEDERAL AND STATE REQUIREMENTS AND THIS TABULATION INCLUDES ALL BIDS RECEIVED AT A PUBLIC BID OPENING HELD AT THE CITY BUFFALO, CITY HALL ON MARCH 13, 2413 FOR A CONTRACT IN ERIE COUNTY KNOWN AS PIN 5760.33, BEARING REPAIR/REPLACEMENT AT TWO BRIDGES IN _ CITY OF BUFFALO, AND THAT THE MATHEMATICAL EXTENSION OF UNIT PRICES TO ITEM COSTS AND RESULTING COMPUTED TOTALS IS ACCURATE AND iIMITTED BY_EAIGH BIDDER AS SHOWN EXCEPT AS NOTED. 819!2013 Date Report of Bids — Bridge Bearing Repair/Replacement (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 15, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for bridge bearing repair /replacement at two bridges in the City of Buffalo with L.C. Whitford Co., Inc., in the amount of $251,881.35.00 (Base Bid of $239,887.00.00 + [5% unit price increase] $11,994.35 for a Total Bid Amount $251,881.35). This project is an 80% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account 935314206- 445100 and an account to be named at a later date. C:IUsetslirucinskilAppData\ Local \MicrosofllWindows\Temporary Intemet FileslContent .outiook1OX32QVW6\Report of Bida- bridge bearing repair_docx LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON * SMITH * [MAJ- 51 [213 - 6] [3/4 - 7] #1 (Rev. 1193) SINGLE PAGE COMMC�AOZ TO THE COMMON COUNCIL ` 1 TO: Common Council DATE: August 28 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #766 -B [: City -Wide Sidewalk Replacement - 2013 [: Bond Specific Locations 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: Ed Bauer Construction P & J Construction Co., Inc. Sunshine Concrete Co., Inc. Campobello Construction Co., Inc. Base Bid Base Bid + 10% Unit Price Increase $475,763.00* $478,728.13* $515,803.50 648,327.90 *Adjusted amount to correct for mathematical errors in the calculation of the bid I hereby certify that the low bidder for the above project is Ed Bauer Construction. I respectfully recommend a contract award in the amount of $523,339.30 ( $475,763.00 -Base Bid + $47,57630 - 10% unit price increase =$523,339.30 Total Contract Amount) . Funds for this contract are available in accounts 33311206 - 445100, 36319406 - 445100 and/or an account to be named at a later date. The engineer's estimate for this work is S 409,747.43. 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 October 28, 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:Ilf TYPE DEPARTMENT HEAD NAME: TYPE TITLE SIGNATURE OF DEPARTMENT HEAD Peter J. Merlo, P.E. City Engineer of Public Works, Parks & Streets $__ OR y Report of Bids — Group #766 -B, City -Wide Sidewalk Replacement — 2013 Bond Specific Locations (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for City -wide sidewalk replacement — 2013 Bond Specific Locations with Ed Bauer Construction in the amount of $523,339.30 (Base Bid of $475,763.00 + [10% unit price increase] $47,576.30 for a Total Bid Amount $523,339.30). funds for this project are available in Accounts 433311206 - 445100, 36319406- 445 100 and /or an account to be named at a later date. PASSED C:1 UsersN irucinski \AppData\LccalWlicrosoftlW indowslTemporary Internet Fi3eslContent.Outlook1OX32QV W6ULeport of Bids-citywide sidewalk replacemenlAux *AYE* NO FONTANA FR.ANCZYK GOLOMBEK * * * LOCURTO * * * PRIDGEN * *_ RIVERA * * RUSSELL * * SCANLON * * SMITH [ ------------- ] [ MAJ - 5 ] [2/3 - 61 [314 - 7] 0000 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: August 28 , 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #766 -A [: North District Curb & Sidewalk Replacement [: Bond Specific Locations 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 Nova Site Company, L.L.C. $441,937.00 P & J Construction Co., Inc. $454,784.48* CVF, Inc. $464,705.86* Campobello Construction Co., Inc. $651,377.50 *Adjusted amount to correct for mathematical errors in the calculation of the bid. I hereby certify that the low bidder for the above project is Nova Site Company, L.L.C.. I respectfully recommend a contract award in the amount of $486,130.70 ( $441,937.00 -Base Bid + $44,193.70 - 10% unit price increase — $486,130.70 Total Contract Amount) . Funds for this contract are available in accounts 35316806- 445100, 35317606- 445100, 36319406 - 445100 and/or an account to be named at a later date. The engineer's estimate for this work is $ 494,323.52. 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 October 28, 2013. Individual bid submissions are available in our office for inspection End copies are available upon request. SJS:PJM:MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. MerIo, P.E. TYPE TITLE: Cify Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD:b to Report of Bids — Group 4766 -A, North District Curb and Sidewalk Replacement —Bond Specific Locations (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for North District Curb and Sidewalk Replacement —Bond Specific Locations with Nova Site Company, L.L.C. in the amount of $486,130.70 (Base Bid of $441,937.00 + [10% unit price increase] $44,193.70 for a Total Bid Amount $486,130.70). Funds for this project are available in Accounts #35316806 - 445100, 35317606 - 445100, 36319406 - 445100 and/or an account to be named at a later date. PASSED C:\U sers\ lmcinski \AppDatalLocel\MicrosofllWindows \Temporary intemet Fil eslContent .Outlook\OX32QVW6aeport of Bids -N Dist curb and sidewalk replacement.d= N 8 [MAJ- sj * q [213 - 6� [ 314 - 7 *AYE* NO FONTANA FRANCZYK - * * * GOLOMBEK * *_ * * LOCURTO PRIDGEN * *_ RIVERA * * * RUSSELL * * * SCANLON SMITH [MAJ- sj * q [213 - 6� [ 314 - 7 0002 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 20, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Public Facilities Improvements [: Park Shelter Building Demolition [: Dewey & Roosevelt Parks [: Project No. 38- 50200 -2Demo PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP } TEXT: advertised for on July 23, 2013, and received the following formal sealed bids for Public Facilities Improvements, Park Shelter Building Demolition, Dewey & Roosevelt Parks, which were publicly opened and read on August 20, 2013. Trason Development Boston State, Hamburg, NY Base Bid Alt #1 $32,500.00 $7,500.00 Non - Responsive Alt #2 Alt #3 $5,500.00 $2,500.00 Apollo Dismantling Svcs. 4511 Hyde Park, Niagara Falls, NY Newcal Construction 10994 Tinkham, Darien, NY Non- Responsive Alternate No. 1 : Remove 145'i existing 6' high chain link fence and posts on the south side (Kensington Avenue side) of the site. Install 145' ± of new 4' high chain link fence and posts as located on drawing C2 and as detailed on drawing C1 and in the technical specifications. Remove vegetation growing within the chain link and within 24" on each side of the fence. Remove stumps growing within 24" on each side of the fence. Alternate No. 2 : Remove 75' ± existing 6' high chain link fence and posts on the east side (Castle Place side) of the site. Install 75'± of new 6' high chain link fence and posts as located on drawing C2 and as detailed on drawing C1 and in the technical specifications. Remove vegetation growing within the chain link and within 24" on each side of the fence. Remove stumps growing within 24" on each side ofo the fence. Alternate No. 3 : Remove 350 sq. ft. ± existing asphalt walkway on the west side of the Roosevelt Park shelter. Restore area with topsoil and seed as indicated on drawing C3. I hereby certify that the foregoing is a true and correct statement of all bids received and that Trason Development Corp., with a Base Bid of $32,500.00, add Alt. No. 1 for $7,500.00, add Alt. No. 2 for $5,500.00, add Alt. No. 3 for $2,500.00, plus 10% contingency for $4,800.00, for a total bid of Fifty Two Thousand Eight Hundred and 001100 Dollars ($52,800.00) is the lowest responsible bidder in accordance with the plans and specifications. 0 I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in CH9B2007- 470000, YR38 Local ID #50200. SJSIPJMIFGIdlg cc: Comptroller's Office Contract Compliance Office Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Bids — Public Facilities Improvements — Park Shelter Building Demolition — Dewey and Roosevelt Parks (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Public Facilities Improvements, Park Shelter Building Demolition, Dewey and Roosevelt Parks with Trason Development Corp. in the amount of $52,800.00 (Base Bid of $32,500.00 + Alt. No. 1 $7,500.00 + Alt. No. 2 $5,500.00 + Alt. No. 3 $2,500.00 + 10% contingency $4,800.00 for a Total Bid Amount $52,800.00). Funds for this project are available in CH9B2007- 470000, YR38 Local ID 450200. PASSED C:1Usersllmcinskil AppData lLocoJMicrosoft\Window$kTemporary Internet FilesTontent ,Outtook\OX32QVW6\Report of Bids -Dewey and Roosevelt Parks.doc �� [-------- - - - - -] [ MAJ - 51 * * lJ [2I3 - bJ [3/4 - 71 *AYE* NO FONTANA * * * FRANCZYK - * * * GOLOMBEK LOCURTO FRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 51 * * lJ [2I3 - bJ [3/4 - 71 #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 20, 2013 0 0 0 31" FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Public Facilities Improvements [: Park Shelter Building Roofs [: Various Locations [: Project No. 38- 50200 -1 Roofs PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: �0) I advertised for on July 30, 2013, and received the following formal sealed bids for Public Facilities Improvements, Park Shelter Building Roofs, Various Locations, which were publicly opened and read on August 20, 2013. Grove Roofing Services 131 Reading, Buffalo, NY Jos. A. Sanders & Sons P 0 Box 814, Buffalo, NY Weaver Metal & Roofing 40 Appenheimer, Buffalo, NY Progressiver Roofing 331 Grote, Buffalo, NY Base Bid Alt #1 Alt #2 Alt #3 Alt #4 $380,300.00 $85,000.00 $7,500.00 $3,800.00 $600.00 $439,980.00 $90,081.00 $5,174.00 $4,711.00 $1,191.00 $458,000.00 $100,000.00 $5,000.00 $3,800.00 $1,900.00 $537,000,00 $66,000.00 $12,000.00 $8,000.00 $1,200.00 Alternate No. 1 : Provide and install tapered rigid insulation on entire roof to achieve R -24 between wood deck and substrate board. Alternate No. 2 : At Prospect Park Bldg. — Remove existing door and frame. Prep opening for new door and frame. Provide and install hollow metal door and frame in existing masonry opening. Paint doors and frames colors as selected by Owner. Alternate No. 3 : Provide and install 1 /2 " painted plywood ceiling. Alternate No. 4 : At Shiller Park roof — Provide roof opening in wood deck to accommodate 4' x 4' Owner supplied roof mount ventilation fan. Provide curb per detail 61A -7. Sister joists and double header opening with 2 x 10 lumber. Coordinate final size and location with Owner. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a Base Bid of $380,300.00, add Alt. No. 1 for $85,000.00, add Alt. No. 2 for $7,500.00, add Alt. No. 3 for $3,800.00, add Alt. No. 4 for $600.00, plus 10% contingency for $47,720.00, for a total bid of Five Hundred Twenty Four Thousand Nine Hundred Twenty and 001100 Dollars ($524,920.00) is the lowest responsible bidder in accordance with the plans and specifications. recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in CH9B2007- 470000, YR38 Local ID #50200. SJSIPJMIFGIdlg cc: Comptroller's Office Contract Compliance Office Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Bids — Public Facilities Improvements — Park Shelter Building Roofs — Various Locations (DPW). Mr. Smith moved: That the above itern be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Public Facilities Improvements, Park Shelter Building Roofs, Various Locations, with Grove Roofing Services in the amount of $524,920.00 (Base Bid of $380,300.00 + Alt. No. 1 $85,000.00 + Alt. No. 2 $7,500.00 + Alt. No. 3 $3,800.00 + + Alt. No. 4 $600.00 + 10% contingency $47,720.00 for a Total Bid Amount $380,300.00). Funds for this project are available in CH9B2O07- 470000, YR38 Local ID 450200. PASSED C:1UsersllmcinskilAppData\ . ocal\MicrosnftlWindows\Temporary Intemet Files\ Content.0utlook10X32Q'VW61Report of Bids -park shelter bldg roofs.docx J *AYE* NO FONTANA * * * FRANCZYK * SCANLON GOLOMBEK * *_ LOCURTO * * * FRIDGEN * * * RIVERA RUSSELL * * SCANLON SMITH [-------- - - - - -] * [MA7- 5] - - - [213 - 6] [3/4 - 71 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0003r TO: THE COMMON COUNCIL DATE: August 27, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Shea's Performing Arts Center [: Exterior Reconstruction [: Job #1314 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [ (EX.: Item No. CCP ) TEXT: advertised for on July 30,2013 and received the following formal sealed bids for Shea's Performing Arts Center, Exterior Reconstruction, which were publicly opened and read on August 14, 2013. Trason Development Corp $101,000 7350 Boston State Rd Hamburg, NY Spicer Group $112,000 701 Seneca St Buffalo, NY Allstate General Contracting, Inc $113,700 31 Ransier Dr West Seneca, NY hereby certify that the foregoing is a true and correct statement of all bids received and that Trason Development Corp, for a total bid of One Hundred One Thousand and 001100 Dollars ($101,000) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in 34324806 - 445100 $83,893.63 and 34324706- 445100 $ 17106.37- Buildings SJSIPJMIJFIkg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Bids — Shea's Performing Arts Center Exterior Reconstruction (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Shea's Performing Arts Center, Exterior Reconstruction, with Trason Development Corp. in the amount of $101,000.00. Funds for this project are available in Accounts #34324806 - 445100 and 34324706 - 445100 — Buildings. PASSED 4 1 C:\ Usersl lmcinskiS AppDataU .ocal\Microsoft\Windows\Temporary Intemet Files\Content.Outlook14X32QV W6aeport of Bids -Sheas MC.d= �\ *AYE* NO FONTANA * x FRANCZYK * * * GOLOMBEK LOCURTO * *_ * * * PRIDGEN * *_ * * * RNERA * * * RUSSELL -. SCANLON * SNUTH * * * [ MAJ - 5) [213 - 6 ] [3/4 - 71 000 3 7 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 8/22/2013 FROM: DEPARTMENT: Public Works/ Streets SUBJECT: [: Request to Purchase Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxx/xx) Purchase (2) High Sided Tandem Axle utility trailer w /landscape ramp for tote delivery. Electric brakes & dual rear taillights. @ $ 4,861.ea $ 9.722.00 Purchase (1) 32 yard Leach refuse body to be installed onto our existing new chassis from July 5 bid w /auto lube option. $ 74,894.00 Both coming out of: 15050007- 474100 SIGNATURE DEPARTMENT HEAD TITLE: X Step CO R OF PUBLIC WORKS SJS /PJM /CMB 0 Request to Purchase Equipment (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated August 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase two (2) high sided tandem axle utility trailors with landscape ramp for tote delivery in the total amount of $9,722.00 and one (1) 32 yard Leach refuse body to be installed to an existing chassis in the total amount of $74,894.00. Funds are available in Account #15050007- 474100. PASSED n C:IUsersllrucinski\AppData\ Local \MicrosoftlWindows\Temporary Internet Files\ Content.outlook\OX32QVW6aequest to Purchase Equipment - utility trailor.docx FONTANA l; FRANCZYK . * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -J [ MAJ - 51 [213 - 6] [3/4 - 71 00035 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 8/1/2013 FROM: DEPARTMENT: Public Works/ Streets SUBJECT: [: Request to Purchase Vehicles I� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxtxxlxx Purchase (1) Ford F 350 4 x 4 crew cab Pick up truck wl EZ dump insert body New bid Parks Dept $ 37,000.00 Delacy Ford Funds From: 36400216- 445100 SIGNATURE DEPARTMENT HEAD TITLE: X COM SIONER OF PUBLIC WORKS SjS /PJMICMB L Request to Purchase Equipment (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated August 1, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Ford F3 5 0 4 X 4 crew cab pickup truck with EZ dump insert body in the total amount of $37,000.00 from Delacy Ford. Funds are available in Account #36400216 - 445100. PASSED C:\ Usersl lrucinskilAppData\ LocalllvlicrosoftlWindowslTemporary Intemet Fil es\ Content.Dutlook\OX32QVW6aequest to Purchase Equipment - pickup truck.doex *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7 ] 0003 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 12, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: Streets SUBJECT: [: SUNNKING [: Extend contract for one (1) year [: Electronics Recycling PRIOR COUNCIL REFERENCE: (IF ANY) [: Oct. 2, 2012 CCP414 I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to extend this contract for one (1) year with Sunnking, Inc. for electronic waste collection and recycling services. This is part of the existing contract (pg. 4 of 4). The extension will be in effect from October 12, 2013 through October 12, 2014. No payments are made to the vendor as this agreement involves the City of Buffalo getting financial rebates for all electronic waste generated and collected in the city. SJS:PJM:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Pub ' orks, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Cc: Pen - ission to Extend Contract — Electronics Recycling (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 12, 2013, be received and filed; and The Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to extend the contract with Sunnking, Inc. for one (1) year for electronics waste collection and recycling services. This extension will be in effect from October 12, 2013 through October 12, 2014, PASSED C:lUscmUu cinslaSAppDatakUCal4MicrosoftlWindo is Temporary Internet FileslContenLOUtl ok�OX32QVW6Tcrrda ion to Extend Contrast- Smnkiv.dou *AYE* NO FONTANA * ' * * * FRANCZYK GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL * SCANLON SMITH * * *� [MAJ- 5] [ 2/3 _ 6 ] [ 3/4 - 71 #4 (Rev 7 -07) 0 V) , Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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 Division of to the Position of ? I two 1 '5 Public Works, Parks & Streets Streets Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) ELMR49 �= Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 23,130 (Step 12) LAST JOB TITLE Meter Reader NAME Pamela Orcutt LAST DEPARTMENT DPW DATE 7113 ADDRESS 71 Herkimer St. LAST SALARY $23,130 CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SS 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 15030001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -109 SALARY RANGE OF POSITION $22,423 - 34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY:, TITLE OF APPOINTING. AUTHORITY. L� DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 7130/13 OTHER COPIES TO _ #3- COMPTR LLER #4- HUMAN SERVICESIGIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE O 3 �0 0004.1 #4 (Rev 7 -07) 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 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 Division of to the Position of 915113 Public Works, Parks & Streets Streets Supervisor Street Sanitation I Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 37,826 LAST JOB TITLE Truck Driver NAME Timothy Driscoll LAST DEPARTMENT DPW DATE 7113 ADDRESS 203 Eden St. LAST SALARY $37,447 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF S SN, XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS O S SN. XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 5020 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -15 SALARY RANGE OF POSITION $24,828 - $41,380 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: 11 NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: ✓ - Commissioner DATE: 7123113 SIGNATURE OF APPOINTING AUTHORITY: v ORIGINAL + 2 COPIES TO: CITY CLERK fON /BEFORE APPOINTMENT DATE? OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- EMPLOYEE {S1 44 (Rev 7 -07) Certificate of Appointment 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 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 - Division of to the Position of 309// Public Works, Parks & Streets Engineering Associate Account Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVIS Open-Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 36 ,354 (Step 2) LAST JOB TITLE Sr. Account Clerk Typist NAME Kenyetta Gray LAST DEPARTMENT DPW DATE $113 ADDRESS PO Box 153 LAST SALARY $36,079 CITY & ZIP Buffalo 14201 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 13090001 TITLE CODE NO 0420 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2012 -199 SALARY RANGE OF POSITION $35,026 - $40,337 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 8115113 L - ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) �)q FROM THE COMMISSIONER OF POLICE September 3, 2013 0004" SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: -TPM COMMON COUNCIL: DATE: July 26, 2013 FROM: DEPARTMENT: DIVISION: SUBJECT POLICE : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) � :Item No. 104, C.C.P. 212188 Ex. (Item No. xxx C.C.P. xxlxx/xx TEXT: ( TYPE SINGLE SPACE BELOW 13 -DEA- 578488 C2 -13 -0053 2,484.00 12- DEA - 560793 C2 -12 -0057 1,568.70 13 -DEA- 577554 C2 -12 -0055 1,237.50 13- DEA - 578357 C2 -13 -0052 1,404.00 13- DEA - 579146 C2 -13 -0060 1,680.48 13- DEA - 579181 C2 -13 -0066 2,156.22 12- FBI - 003012 3110 -12 -0025 14,851.22 12- FBI - 003012 3110 -12 -0025 4,479.20 (15% SAFF DEP #01) TOTAL $29,861.32 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, 920010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJRIjws TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD RECEIVED AND FIL Iql STATE OF NEW YORK COUNTY OF AFFIDAVIT pursuant to Civil Practice Law and } ss: Rules 1311(11)(c) } , as (claiming agent) (claiming authority), being duly sworn, depose and state that on 7/3, 7115 & 7119113 , the New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM ERIE I, CHIEF DENNIS RICHARDS (Name) BUFFALO POLICE DEPARTMENT (Agency) (Date) received WIRE TRANSFE having an estimated present value of $ 29, (check, vehicle, personal property, etc.) (Amount) pursuant to chapter thirteen of f=ood and Drug Laws (21 U.S.C. 1801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 11961 et seq.) of the United States. CHIEF OF INVESTIGATIVE SERVICES in the year j 2 before me personally came Title (Year) to me known, who, being by me duly sworn, depose and say that s employed by the �cD (= PA ) (� ( CC- and that sCe) (Agency) 4 Signature DATE: 07/26/2013 On the day of (Day) (Month) Rb (Name) was authorized by and did execute the above affidavit at the direction of said entity and that s /he - tMgffiry�Hlu4ed in Ede G Notary Public Mail to: NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 80 South Swan Street Albany, NY 12210 COPYRIGHT a 1995 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2006) 07/26/2013 09:36 (CITY OF BUFFALO lc jstancha SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER RECEIPT DESCRIPTION /REFERENCE ACCOUNT REF #: DEPT /LOC: POLICE DATE: Jul_ 26, 2013 1928763 DRUG ASSET FORFEITURE 20010000 3B9001 20010000 389001 20010000 389001 20010000 389001 20010000 369001 20010000 3S9001 20010000 389001 20010000 389001 * * ** RECEIPT TOTAL 29,951.32 TOTAL COLLECTED /TURNED OVER: 29,861.32 REPRESENTING COLLECTION FROM: 07/26/2013 TO 07/26/2013 REF #: r ; LS T /I,,C POLICE DATE: Jul. 26, 2013 SIGNATURE : s :';` (.!" ' TITLE: DEPAR'T'MENT SUMMARY PG 1 ardptpmt AMOUNT 2,484.00 1,568.70 1,237.50 1,404.00 1,680.48 2,156.22 14,551.22 4,479.20 ACCOUNT DESCRIPTION AMOUNT 20010000 389001 DEA PROP MISC REVENUE 29,561.32 Jul FROM THE CORPORATION COUNSEL September 3, 2013 0004 TO: DATE: FROM: SUBJECT: MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL AUGUST 29, 2013 DEPARTMENT: LAW DIVISION: Employee Relations INTEREST ARBITRATION AWARD BETWEEN CITY OF BUFFALO AND BUFFALO POLICE BENEVOLENT ASSOCIATION PRIOR COUNCIL REFERENCE: NIA TEXT: Attached hereto is the Opinion and Award from the Compulsory Interest Arbitration between the City of Buffalo and the Buffalo Police Benevolent Association, Inc. for the period from July 1, 2007 through June 30, 2009. The Award was issued by the Interest Arbitration Panel Chairman, Jay M. Siegel, Esq. upon his execution of the Award on July 16, 2013. The City's Panel member concurred with the Award, while the PBA's Panel Member dissented from same. The key provisions of the Award are detailed below. Wages After closely analyzing the evidence presented regarding wage comparability with other law enforcement personnel, the City's ability to pay increased wages, the impact the wages have on the interests and welfare of the public and the peculiarities of the police profession, the panel made the following award regarding base pay: 1. Effective June 30, 2008, the current wage scales shall be increased by 1%. 2. Effective June 30, 2009, the June 30, 2008 wage scales shall be increased by an additional 2 %. Longevity As the majority of the Panel found that a modest increase in longevity was also warranted, it was determined that effective June 30, 2009 each permanent employee who has completed one (1) year of service shall receive annually, in addition to their salary, one hundred fifty five dollars ($155) payment for each completed year of service, to a maximum of twenty -five years. This represents a thirty dollar ($30) per year of service increase to the current longevity payment. Health Insurance — Elimination of the Cosmetic Rider The Panel chair found, and the City's Panel member concurred, that, in exchange for the salary and longevity increases being granted as part of the Award, the City should be provided with a cost saving measure "as a quid pro quo." It was further determined that the cosmetic rider should be eliminated "because it is a luxury that is expensive for the City and no longer makes sense." t ' I ff iiull `i Therefore, effective June 30, 2009, after providing thirty (30) days prior written notice to the Union, the City shall have the right to eliminate the cosmetic rider from the traditional health plan offered to active employees and anyone retiring on or after the date the City implements the elimination of the cosmetic rider benefit. Semi - Annual Manpower Ad'ustments The majority of the Panel found that the City has a valid and compelling operational need to adjust manpower levels twice a year and, therefore, modified the manpower adjustment provision within the current agreement to state that the parties mutually recognize that there may be a need from time to time to adjust manpower levels in response to retirements and other personnel changes. The City shall have the right to review and adjust manpower levels semi - annually on January 15 and July 15. Remaining Issues A majority of the Panel rejected all other demands made by the City and the PBA. Buffalo Fiscal Stability Authority As this is a Compulsory Interest Arbitration Award, the BFSA, much like your Honorable Body, is not able to reject or modify any of the terms of the Award, but reviews the same after which it can be received and filed. The Award was reviewed by the BFSA at its meeting held on July 31, 2013 and its analysis concurred with the Department of Administration and Finance that the award is wholly covered by reserves set aside for the purpose of settling contract years with the Police Benevolent Association (PBA) and triggers no need for the amendment of the City's Four Year Financial Plan. A separately filed item seeks to adjust the wage schedule in compliance with the award and I encourage your Honorable Body to approve the same. TYPE DEPARTMENT HEAD NAME: Timothy A. Ball TYPE TITLE: CORPORATION COUNSEL DIVISION HEAD NAME: Omar R. Price TYPE TITLE: DIRECTOR OF EMPLOYEE RELATIONS SIGNATURE OF DIVISION HEAD: /K � I RECEIVED AND FILED ^ I <A STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Compulsory Interest Arbitration -between - BUFFALO POLICE BENEVOLENT ASSOCIATION, INC. -and - CITY OF BUFFALO, NEW YORK PERB Case No.: IA 2008 -027; M2008 -190 BEFORE Jay M. Siegel, Esq. Public Panel Member and Chairman Kevin M, Kennedy Employee Organization Panel Member Sean P. Beiter, Esq. Public Employer Panel Member APPEARANCES For the Buffalo Police Benevolent Association Law Office of W. James Schwan, By: W. James Schwan, Esq., Of Counsel For the City of Buffalo Goldberg Segalla, LLP By: Matthew C. Van Vessem, Esq., Of Counsel 0 COPY OPINION AND AWARD -- BACKGROUND Pursuant to the provisions contained in Section 209.4 of the Civil Service Law, the undersigned Panel was designated by the Chairperson of the New York State Public Employment Relations Board ( "PENH") to make a just and reasonable determination of a dispute between the Buffalo Police Benevolent Association, Inc. (PBA) and the City of Buffalo, New York (City). The City covers nearly 42 square miles in the western part of the State of New York (State). It is located on the eastern shore of Lake Brie. It has approximately 261,000 residents, making it the second largest city in the State. The City provides a full range of services to its residents ranging from police and fire protection to sanitation, highway and recreation. The PBA represents all sworn police officers, detectives, detective sergeants, police lieutenants, police captains and police inspectors. It currently has approximately 750 unit members. -- The City's officers are generally divided into two divisions, namely, the patrol division and the detective division. The Department also has administrative and specialized units. The City's officers are frequently called upon to handle violent crimes. The City has more violent crime than the cities of Rochester and Syracuse and municipalities in the Buffalo suburbs. While Buffalo's 2010 statistics show it had 1,357 violent crimes per 100,000 residents, Rochester had 1,094 per 100,000 residents and Syracuse had 947 per 100,000 residents. The suburban Buffalo police department with the closest statistics to Buffalo had a high of 232 violent crimes per 100,000 residents. F r. The City has struggled economically since the 1980s. As recently as the 1980s, the City and its environs was a hub of manufacturing, Indeed, 27% of the area workforce was employed in manufacturing in the 1980s. This number has shrunk to 5.6% at the present time. This has been somewhat offset by job growth in federal, state and local government, as well as higher education, retail, banks and healthcare. The fiscal affairs of the City arguably hit a low point in 2003. In July 2003, the State determined that the City was in such severe financial crisis that it could not be resolved without State intervention. The Buffalo Fiscal Stability Authority (BFSA) was established to monitor the City's financial plans and ensure that the City was adhering to. fiscal requirements set forth in the BFSA Act. The BFSA began in a control period, This meant it had the maximum authority to take actions to protect the City's financial integrity. In 2003, the 13SFA enacted serious austerity measures, including eliminating positions, imposing a hiring freeze and closing fire stations. By 2004, the BFSA determined that it needed to take more severe measures. It imposed a wage freeze on all employee organizations for fiscal year 2004 -2005, The wage freeze continued in 2005 -2006 and 2006 -2007. All salary increases, including step increments, were frozen during the period of 2004 to 2007. The FBA's last CBA with the City goveined the period from July 1, 2002 through June 30, 2007. In the CBA, PBA members were provided with a $5,000 annual increase effective July 1, 2002, followed by raises of 3,4% effective July 1, 2003, July 1, 2004, July 1, 2005 and July 1, 2006, Although PBA members received the agreed -upon salary increases in 2002 and 2003, the BFSA had the authority to take actions that superseded 3 any CBAs, Hence, the wage freezes imposed by the BFSA meant that PBA members did not receive the 3.4% wage increase on July 1, 2004, July 1, 2005 and July 1, 2006, In 2007, the City presented a four -year financial plan to the BFSA. It demonstrated that the City's severe financial crisis had sufficiently abated to permit a lifting of the wage freeze. The City's plan to the BFSA included requesting a lifting of the wage freezes that were imposed on bargaining units from 2004 through June 30, 2007. Pursuant to this plan, the BFSA lifted the wage freeze, Effective July 1, 2007, PBA members received the 3:4% salary increase they were supposed to receive on July 1, 2004, Effective July 1, 2007, step increases and other increases due under the CBA that were suspended the preceding three years were allowed to recommence prospectively. Moreover, pursuant to this plan, the 3,4% salary increase PBA members were due to receive on July 1, 2005 was paid to PBA members effective July 1, 2008 and the 3.4% salary increase unit members were due to receive on July I, 2005 was paid to PBA — members effective July .1, 2009. This manner of lifting the wage freeze was litigated and ultimately deemed proper by the New York State Court of Appeals in 2011. On or about May 1, 2007, the parties began negotiations for a. successor contract to the one that expired on .Tune 30, 2007. However, since the BFSA was in what is considered a "control period" where it has maximum authority to mare major economic decisions due to the economic distress of the City, the parties engaged in limited negotiations. At a certain point in time, the parties began to actively negotiate but the negotiations were unsuccessful. Thereafter, acting pursuant to the rules of procedure of PERB, a PERB- appointed mediator met with the parties. Mediation was unsuccessful. On 4 or about January 30, 2009, the PBA filed a Petition for interest Arbitration, On February 17, 2009, the City responded to the petition and Bled a cross petition for arbitration, On May 4, 2012,'the Public Arbitration Pang] was designated by PERK, pursuant to Section 209.4 of the New York State Civil Service Law, for the purpose of making a just and reasonable determination of this dispute. On July 1, 2012, the BFSA determined that the City's financial outlook had improved to the point where it voted to move fi control period status to advisory status. Simply stated, this provided the City with greater discretion and authority to act on. issues involving its fiscal affairs, However, under the statute creating the BFSA, the BFSA has the authority to reimpose the control period if it determines that the City is back in the throes of a fiscal crisis at anytime through 2037, Hearings were conducted before the Panel in Buffalo, New York, on September 1.8 and 19, 2012, October 25 and 26, 2012 and November 9, 2012. At all hearings, both parties were represented by counsel. A transcribed record was taken at all hearings. Both parties submitted numerous and extensive exhibits and documentation, including written closing arguments, Both parties presented extensive arguments on their respective positions. On March I2, 2013, PERB officially appointed Kevin M. Kennedy to serve as the PBA Panel Member instead of James W. Panus, the PBA's original Panel Member in this proceeding.' Thereafter, the Panel fully reviewed all data, evidence, arguments and issues submitted by the parties. Despite significant discussion and deliberations at multiple 1 Mr. Kennedy attended all arbitration hearings as a member of the PBA's executive committee. He advised that he had a complete record and was prepared to proceed with a scheduled executive session without further delay. Neither Mr. Kennedy nor the P13A requested an adjournment or continuance in order to allow Mr. Kennedy mare time to prepare. k , Executive Sessions, the Panel was unable to reach consensus on an Award. As a result, this Award represents the determination of the Panel Chair, who was joined by the City Panel Member on an item -by -item basis. The positions taken by both parties are quite adequately specified in the Petition, and the Response, numerous hearing exhibits, and post - hearing written submissions, all of which are incorporated by reference into this Award. Such positions will merely be summarized for the purposes of this Opinion and Award. Accordingly, set out herein is the Panel's Award as to what constitutes a just and reasonable determination of the parties' Award setting forth the terms and conditions for the period July 1, 2007 through .tune 30, 2009. In arriving at such determination, the Panel has specifically reviewed and considered all of the following criteria, as detailed in Section 209.4 of the Civil -Service Law; a) comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services or requiring similar skills under similar working conditions and with other employees generally in public and private employment in comparable communities; b) the interests and welfare of the public and the financial ability of the public employer to ,pay; c) comparison of peculiarities in regard to other trades or professions, including specifically, 1) hazards of employment; 2) physical qualifications; 3) educational qualifications; 4) mental qualifications; 5) job training and skills; d) the terms of the collective agreements negotiated between the parties in the past providing for compensation and fringe benefits, including, but not limited to, the provisions for salary, insurance and retirement benefits, medical and hospitalization benefits, paid time off and job security. 6 COMPARABILITY Section 209.4 of the Civil Service Law requires that in order to properly determine wages and other terms and conditions of employment, the Pwiel must engage hi a comparative analysis of terms and conditions with "other employees performing similar services or requiring similar skills under similar working conditions and with other employees generally in public and private employment in comparable communities," PBA Position The PBA stresses that the comparability is the criterion establishing the market to be used to assess how existing terms and conditions of employment compare to similar employees within the relevant market. In other words, it is a search for the market within which a comparison of prevailing wages and benefits is to be made. The PBA contends that its members should be compared with all of the police agencies in the municipalities surrounding Buffalo. It maintains that the City's proposal - to compare it only to other City bargaining units a few select upstate cities is a limiting market that does not comport with the comparability criteria, To the PBA, geographical proximity is much more relevant than limiting the group of comparables to a few select ,jurisdictions as asserted by the City. In the PBA's view, its proposed group of comparables is most appropriate because it provides a complete picture of the full extent of the market. The PBA maintains that the City's proposed group of comparables is far too limiting and does not give the Panel a complete assessment of the prevailing wages and 7 benefits in the market. The PBA asserts that its list of comparables is appropriate because it is comprehensive and neither too big nor too small, The PBA argues that there is nothing unique about city governments that requires or warrants a comparability analysis limited only to other cities, particularly when those cities are Iocated in different markets with different economic conditions than Buffalo. In the PBA's view, comparability requires a search for the relevant market, not a search for governments of the same type. The PBA maintains that in dozens of cases over the years, arbitration panels have not restricted their comparability analysis in such a way. The PBA urges this Panel to follow the same path and adopt all police agencies in the Buffalo area and the City of Rochester as the group of comparables. City Position The City insists that even though it is in a much healthier fiscal position than it was on July 3, 2003, that its financial challenges are unique among the other large cities in the State. While the City concedes that Rochester, Syracuse and Albany share some similarities with Buffalo, the City stresses that its unique financial struggles make it such that there is truly no comparable municipality in the State. The City notes that unlike the other large cities in the State, it is the only municipality in more than 25 years to have a wage freeze imposed on its employees, - The City observes that it has been in a declared fiscal emergency for nine years, This resulted in the creation with the BFSA which has the statutory authority to directly oversee the City's finances. The City maintains that the wealthier suburban municipalities near Buffalo cannot be considered comparable as none of them has contended with such a truly unique fiscal circumstance. None of those communities were as dependent upon l state aid to fiord their operations, In the City's view, this is precisely why the closest comparables are the other bargaining units of the City as they all had to contend with the same unique and challenging fiscal circumstances. To the extent that other municipalities will be considered by the Panel, the City urges the Panel to consider Rochester, Buffalo and Albany as the comparables. The City stresses that these communities are most similar in terns of size, geographical proximity, economics and demographics. Indeed, while these municipalities' economic challenges are not as severe as Buffalo, they have all lead thew fair share of economic struggles. The City notes that Rochester, Syracuse and Albany all are within the range of Buffalo in terms of size and population. While Buffalo has a geographic area of approximately 40.5 square miles and a population of approximately 260,004, Rochester has a geographic area of 35,8 square miles and a population of 219,773. Syracuse is 25.1 square miles with a population of 147,306 and Albany is 21.4 square miles with a population of 97,856. - Panel Determination on Comparability The Panel Chair finds that the cities of Rochester and Syracuse are the most appropriate group of comparables. A number of facts lead the Panel Chair to this conclusion. First and foremost, they are similar in terms of size, population and geographical proximity. Rochester and Syracuse are also most comparable to Buffalo because all three cities have been struggling econoznically for the past twenty plus years as manufacturing and other traditional industries in upstate New York have either contracted or disappeared. All three cities have suffered fierce population declines and' have large numbers of poor residents in need of fiscal assistance. All three cities have 0 ........... crime rates that are well above where anyone wants them to be. Although Rochester and Syracuse are not as reliant on State funding as Buffalo, the fact remains that all three cities continue to need to look to Albany for assistance. The Panel Chair does not find Albany to be an appropriate comparable to Buffalo. He so ruled in 2012 in an interest arbitration involving the City of Albany Firefighters and he sees no logical basis to deviate from that determination. As the Panel Chair has previously noted, Buffalo has nearly three times the population as Albany and is nearly twice the size in tennis of geography.. They are hundreds of.miles apart and in a completely different region of the State. Their economies are completely different and their housing markets are completely different. They do not share enough in common to be considered comparable with one another. To a much more limited extent, the Pagel Chair finds that police agencies in the Buffalo area and other City bargaining units should be in the universe of comparables. Other police agencies in the Buffalo area should be considered to a limited extent because they are located in the exact samc labor market. Employees in all of these agencies purchase homes in the same market, can compete for jobs in the same market and have similar economic circumstances, Other City bargaining units should be considered because the City is hi a truly unique economic circumstance, Thus, the manner in which it handles its negotiations with other bargaining units has some relevance to this dispute. Accordingly, pursuant to the statutory criteria the main universe of compambles is Rochester and Syracuse, Other police agencies near Buffalo and other City bargaining units are also in the universe ofcomparables to a much more limited extent. 10 ABILITY TO PAY PBA Position The PBA maintains that Buffalo is in a vastly different and vastly better economic position than it has been in the past. It is in sound financial condition and has the ability to pay for the proposals made by the PBA.. The PBA's evidence of the City's ability'to pay was based on the testimony and exhibits presented by Edward Fennel, a government finance consultant who has been examining the records of the City since 1979, The PBA asserts that the evidence offered through Mr. Fennel conclusively establishes that the City has the ability to pay for a substantial increase in salary and benefits. According to the PBA, Mr. fennel's presentation should be accorded great weight because he is an expert in municipal finance, he made his recommendations based on the City's records and his testimony was largely unrebutted. The PBA. stresses that the City's year -end fund balance data is emblematic of the City's strong recovery. The PBA notes that while the City only had $17.86 million in fund balance at the eyed of 2002, the City's fund balance improved to $95.661 million in 2006 and reached a recent high of $142.94 million in 2010. To the PBA, the City's robust fund balance increase demonstrates how ludicrous the City's position is. In other words, the City's claim that there is only $5.6 million available to fund wage increases for all City employees, including PBA members, cannot be given any credence. The PBA maintains that there are other noteworthy aspects of the City's financial data that demonstrate the City's good fmanciai health. It cites the following; II • Assets of the City exceeded its liabilities at the close of the fiscal year ending June 30, 2011 by more than $165 million, The committed, assigned and unassigned fund balance for the general fund was more than $92 million as of June, 30, 2011, which is 20.1 % of total general fund expenditures. • The BFSA special revenue fund holds more than $17 million of state aid that will be turned over to the City in the future. • The City's bond indebtedness has decreased in each of the last ten fiscal years fi•om more than $465,885,000 to $313,957,579. • The City has set aside more than $70 million to pay for anticipated settlements with collective bargaining units from past years that will not affect the City's current revenues or fluid balance. The PBA notes that set forth in the Official Bond Statement regarding the issuance of general improvement serial bands are matter of fact statements highlighting the City's outstanding recovery. Among other things, it is noted that "as a consequence of _ the substantial improvement in the City's financial operations, the city has experienced a sizable increase in its cash and liquidity position." (PBA Exhibit 2). The PBA stresses that the City's financial improvement is even more noteworthy because it has occurred while the City is in the midst of a tax reduction plan that has reduced taxes by nearly 25% since 2006. The PBA stresses that Mayor Brown accentuated the City's improving financial condition after releasing the City's 2012 -2013 budget, Among other things he stated: This year Buffalo earned its fifth successive bond rating increase, bolstering Wall Street's confidence in our City as a result of the significant and continued fiscal 12 improvements. All three top credit rating agencies graded Buffalo in the "A" category — the highest credit rating in Buffalo history... With $750,000,000 in construction now underway in downtown Buffalo, where the"rapidly growing medical campus continues to expand and a newly revitalized waterfront has become a popular destination, investors from across the countty and internationally are taking a serious look at Buffalo... Adding to the interest is the support of Governor Andrew Cuomo and his promise of $1 billion in state aid to attract new businesses and industry to our City. In the PBA's estimation, Mayor Brown's positive outlook is corroborated by the fact that in April 2012, the City earned an upgraded credit rating from Moody's going from A2 to A1. In reaching this conclusion, the PBA notes that Moody's was pleased with the City's strong improvement in its General Fund balance increases and its adherence to its financial plan. To the PBA, this objective determination from Moody's, coupled with the fact that the City Comptroller has conceded that the City has more than $56 million in unspent funds, wholly demonstrates that they City has the ability to pay for the PBA's economic proposals. ty Position The City insists that the Panel cannot ignore the fact that BFSA Act was adopted because the City was izi a dire situation. The BSFA pronounced two essential goals, namely, the preservation of services and the affordability of taxes. It concluded that the failure to act consistent with these goals jeopardizes the City's long -term fiscal health. The City reminds that Panel that its recovery was only made possible due to the State's extraordinary intervention, which included the imposition of a control board that made difficult austerity decisions, including three years of wage freezes and a hiring freeze. This, coupled with massive increases in State aid, helped the City begirt its recovery. 13 `a te The City maintains that its recovery is extremely fragile because it still has a large structural budgetary imbalance, The City insists that its recurring revenues are less than its recurring expenses. Since approximately 80% of the City's recurring expenses are personnel costs, the City maintains that it has an extremely limited ability to pay for any wage increases. The City stresses that it relies on State aid and fond balance to balance its budget every year. In the City's estimation, any econornic increase awarded by the Panel must be offset by equivalent concessions. Otherwise, the structural imbalance between the City expenses and revenue will only be exacerbated. The City stresses that its ability to pay is also limited by the fact that there is some potential fora real spike in personnel costs. After all, the City's fire department union employees have not had a contract since 2004. The City maintains that the cost to resolve those outstanding years, coupled with the six outstanding years for police, as well as the costs to address seven other bargaining units could be exorbitant. In the City's view, any — -- increases in salary must be extremely moderate. Otherwise, the City risks being right back where it was with virtually no fund balance and a deep structural budget deficit. The City asserts that it finished the 2007 -2008 fiscal year with an unreserved, undesignated fund balance of $76.02 million. The City insists that its fund balance only reached these Ievels due to the wage freeze, increased State aid and BFSA borrowing. The City maintains that its limited ability to pay is accentuated by the fact that the City finished fiscal year 2008 -2009 with an unreserved, undesignated fund balance of $58.93 million. 14 The City opines that its fund balance has declined because it has been forced to use substantial amounts of its fund balance in each of the more recent fiscal years to balance its budget. It used $12.8 million in 2010 and $12.3 million in 2011. In the current budget, the City utilizes another $11.5 million in fund balance, The City insists that this is demonstrative of a City with fiscal pressures in a challenging economic environment. In the City's view, its continued reliance on one -tinge revenue sources such as fund balance and State aid wholly demonstrates that it has a very limited ability to pay for increases in costs. The City contends that given its financial circumstances, its ability to pay for any additional wage increases beyond those already provided in 2007 and 2008 is limited to 1.5 %. The City avers that it simply does not have the ability to pay for anything beyond that amount. It claims that its current budget cannot absorb any increases beyond 1.5%. The City reminds the Panel that its largest source of income is State aid. The City points out that in 2010, it received more than $195 million in State aid. This demonstrates a far greater reliance on State aid than the cities of Rochester, Syracuse and Albany. Indeed, while Buffalo received approximately 39% of its total revenue from State aid in 2010, Syracuse received 27.9% of its revenue from State aid while Rochester received 22% of its revenue from State aid. The City contends that since State aid is unpredictable and non - recurring that it only has the ability to pay for a limited salary increase. The City contends that the PBA's claim that the City's finances are not dire defies common sense and the data in the record. The City maintains that it simply cannot afford the millions of dollars of retroactivity and future increases demanded by the PBA. 15 The City argues that its ability to grow its revenues are severely-restricted. It suffered a out in State aid in 2010 while the State was suffering the devastating affects of the last recession. Although the City may have implemented a plan that reduced taxes by nearly 25 %, the City still utilizes over seventy percent (71.15 %) of its available constitutional tax limit and due to the State's two percent (2 %) cap on property tax increases, the City's ability to generate additional revenue through taxes is limited. Moxeover, mortgage flax receipts have dropped by 33% from 2007 to 2010. With revenue growth remaining flat or declining in some areas, the City continues to have no choice but to depend on State aid to make ends meet. While the City recognizes that its financial condition has improved, it implores the Panel to look at the reality of its budget. It was in a uniquely troubled condition that has taken years to pull out of It is heavily reliant on State aid. It has a declining population that is very poor with a median household income of $28,490, The City urges the Panel to find that it has a limited ability to pay for any increase and reject the PBA's contention that it has the ability to pay for the PBA's economic proposals. _ Panel Determination on the Ci T's Abift to Pa The Panel Chair has carefully considered the statutory criteria regarding ability to pay as provided through the positions of the parties from the testimony, exhibits and post- hearing briefs filed, forming the record in this matter. The Panel Chair is cognizant that during the terra of this Award and beyond, the financial conditions in Buffalo showed significant improvement compared to the past. Due in large part to the receipt of over $175 million. in State aid each year, the City 16 ......... .. .....,. _.._.._.... ._... �� greatly improved its fund balance, reduced its indebtedness and has become a much better place for investment. However, much of this positive news is tempered by some stark realities, Personnel costs are a major piece of the City's budget. The City arguably got back on its feet economically because of the austere measures taken by the BFSA control board. Three years of wage freezes and a long -term hiring freeze, coupled with increases State aid,. allowed the City to improve its - nancial condition. ,in other words, the City became more solvent in many ways because it had three consecutive years where its personnel costs were flat. Subsidized with over $175 •million in State aid, the City's revenues grew while its personnel costs did not (due to the wage and hiring freezes). When one looks at the City's budget over the past several years, it becomes abundantly clear that it remains challenging. The City's revenues are heavily reliant on State aid. In each of the past few years it has frequently received over $175 million in State aid. This cannot be assumed to be a given each and every year. Very troubling is the fact that State aid is a much greater revenue source for the City than property tax revenues. The City cannot expect to significantly grow its revenue through property taxes as property tax growth will be limited for the foreseeable future for.several masons. The City has great incentive to keep taxes down so as to provide incentives for investment and give members of its dwindling population both tax relief and an incentive to stay' in Buffalo. These unmistakable facts, coupled with the 2% tax cap law, make it abundantly clear that-the City has genuine limitations on its ability to increase the revenue side of its -- budget each year. If there is a limit on the ability of the City to annually grow its revenue, there must be limits on the City's ability to pay. 17 The positive news is that the Panel Chair finds that the record establishes that the City has reserved funds from prior budgets to pay for anticipated collective bargaining increases. The City clearly'can draw on money that is set aside to pay for the amount awarded in this Award. Thus, while the Panel Chair rejects the FBA's contention that the City has the ability to pay for the proposals made by the PBA, the Panel Chair finds that the City has the ability to pay for this Award and that the City's careful planning and ongoing fiscal management, along with its improving economic conditions, will allow it to maintain a positive position despite the challenging economy and the unique economic challenges facing the City. Therefore, the Panel Chair finds that the City has the ability to pay for this Award and that the wage and other increases awarded herein constitute a fair and reasonable Award. THE INTERESTS AND WELFARE OF THE PUBLIC PBA Position In the PBA's view, this consideration encompasses the fact that the City's taxpayers benefit from having a professional, well- trained police department. In the PBA's estimation, this can only happen when its members' wages and benefits are competitive so that the City can attract and retain quality police officers, The PBA opines that the Panel must issue an Award that allows its members to regain some ground on the comparators who did not suffer three years of wage freezes, frozen increments and lost retroactivity. The PBA maintains that it is in the public interest for its members to start making back some ground on salary compared to other police officers in Rochester and 18 the Buffalo suburbs so as to assure that its police officers will not leave the City for a comparable position elsewhere. CitXPosition The City stresses that the Panel is obligated to consider the fact that this Award will directly affect the citizens and taxpayers of the City and the economic future of the City for years to come. It must also consider the fact that citizens in the City are struggling to find sustainable well- paying jobs and have grave concerns about the ability of its City government to remain on sound financial footing, These considerations, along with the fact that the economic forecast is not bright, mandate that the Panel exercise its power with great care and caution while fashioning its Award. Panel Determination on Interests and Welfare of the public and Financial Ability of the City to Pay The Panel has carefully considered the statutory criteria regarding the interests and the welfare of the- public and financial ability of the City to pay, as provided through the positions of the parties from the testimony, exhibits and post - hearing briefs fotming = the record in this matter, In looldng at this specific issue, the Panel Chair finds that the FBA's argument that the public benefits by having a competitively compensated staff of police officers must be given credence. It influences the Panel Chair's determination on the issues of the overall wage adjustment and longevity. The Panel Chair's Award in the area of salary and longevity is premised on the recognition that it is prudent for the City and beneficial to the public for its police officers to be competitively compensated. While the Panel Chair is aware that this Award will not allow PBA members to be equally compensated with all of the comparables, the salary and longevity increases awarded 19 herein provide PBA members with the ability to remain competitive in the context of very challenging economic circumstances. At the same time, all of the other economic proposals advanced by the PBA have been rejected by the Panel Chair because he is concerned about the detrimental effect that any new long -term financial commitments may have on the City's bottom line. It is not in the interest of the public to significantly augment the economic package provided to police officers as this could have a detrimental impact on the City's budget. COMPARISON OF PECULIARITIES OF THE POLICE PROFESSION The Panel has also carefully considered the statutory criteria regarding the comparison of the police profession with other trades or professions, including specifically: (1) hazards of employment; (2) physical qualifications; (3) educational qualifications; (4) mental qualifications; and (5) job training and skills. The PBA asserts that the police profession is so unique that no other useful comparison can be made with — other trades or professions. — The parties do not dispute the fact that appropriate weight must be given to the especially hazardous nature of police work and the unique training, skills, pressures and dangers that police officers face each day. The PBA correctly stresses that the City has more violent crimes and more property crimes per 100,000 residents than any of the cities and municipalities in the universe of comparables At the same time, the PBA observes that Buffalo employs fewer police officers per 100,000 residents than the cities of AIbany, Syracuse and Rochester. There is no doubt that PBA members have a 2 However, as the City points out, there has been an overall decrease in crime in the City over the past five (5) years. 20 challenging, difficult and dangerous job. The Panel Chair finds that the peculiarities of the profession mandate a direct comparison with police officers. BASE WAGES PBA Position -The PBA proposes a fifteen percent (15 1 %) across - the -board salary increase effective July 1, 2007. The PBA also proposed a $5,000 across the board salary increase effective July 1, 2007. In doing so, the PBA notes that its proposal was made prior to the time the BFSA lifted the wage freeze and before the wage increases that were supposed to be paid on July 1, 2004, July 1, 2005 and July 1, 2006 were paid effective July 1, 2007, July 1, 2008 and July 1, 2009. In other words, the PBA recognizes that its initial proposal may need to be modified downward. Nonetheless, the PBA insists that additional and significant salary increases are warranted for a number of compelling reasons. First and foremost, while the BFSA eventually lifted the wage freeze and paid PBA members what they were entitled to receive, none of the raises due were paid retroactively. The PBA observes that the City's failure to retroactively pay its members what they deserved collectively cost its members tens of millions of dollars. In real dollar tel ns for individual PBA members, the PBA presents charts showing the losses for specific job titles. According to the PBA, a PBA member on Step 3 in the 2003 -2004 fiscal year lost more than $29,000. According to the PBA, members in positions of detective, lieutenant and captain lost wages ranging from $12,500.00 to $15,695.00.'According to the PBA, when FICA and pension savings are added to the equation, it shows that the City saved between $25,000.00 and $35,000.00 21 for a majority of PBA members. The PBA contends that the impact to its members as a result of the wage freeze can only begin to be rectified with a wage *increase during the term of this Award that is well in excess of 5 %. The PBA stresses that the wages it has lost over the past several years has resulted in its members losing significant ground when compared to the universe of comparable police officers. Whereas in 2003, PBA members were paid more than most officers in the universe of comparables, as of July 1, 2007, PBA members lost significant ground. At that time, they received less pay over a 26 -year career than officers in Orchard Park and Cheektowaga. When total compensation is considered, the PBA argues that it presents an even more dismal picture for PBA members showing that they earn less than all of the officers in the suburban Buffalo police departments. To the PBA, this injustice cannot be allowed to continue, given the dangerous crime and challenges that PBA members are presented with each and every day. The PBA stresses that it still fares poorly when it is compared to Rochester, the — closest and most similar city to Buffalo. The PBA asserts that as of duly 1, 2007, its members earned between $5,000.00 and $7,000.00 per year less than police officers in Rochester with five years, ten years, fifteen years and twenty years of service. In other words, a raise of approximately 9.1% is required and justified to allow PBA members to be competitive with Rochester, the most relevant comparator. The PBA presents a comparison showing how its wages will fare against the comparables if a 5% wage increase was granted, It contends that it wilI not do enough to rectify to disparity in its wages with its comparators. 22 The FBA stresses that the competiveness of its members' wages becomes even more dire when one analyzes the wage comparisons in 2008 and 2009. To the PBA, its objective wage comparison charts show that a wage increase well in excess of 5% for the term of this Award is mandated because its members will still struggle to remain competitive even if its proposal was granted by the Panel. City Position The City notes that it initially proposed a wage increase of 5% effective July 1, 2007 followed by a 0% increase effective July 1, 2008. The City contends that its proposal is no longer applicable because it was made prior to the time that the wage freeze was lifted and the 10.2% in wages was paid to PBA members. In addition, the City maintains that its proposal was premised on receiving comparable concessions, including health insurance prernium. contributions, plan changes and certain productivity measures. Hence, the City now proposes a wage increase cumulatively totaling 1.5% over the two years of the Award, The City reminds that Panel that wage increases are recurring expenses that must be funded each year. The City stresses that until July 1, 2012, it remained in a State- declared fiscal crisis. In the City's view, one of the main reasons for the crisis was the City's structural budget deficit. While the structural budget gap is in a much better place than it was several years ago, it still remains. Hence, any increase to wages must be extremely conservative so as to not exacerbate this ongoing and challenging issue for the City. To do otherwise, may very well result in the BFSA going back to "hard" oversight status from its current "advisory" status. 23 The City contends that any consideration of monies lost by FBA members is outside the scope of this Panel's authority to address. The City points out that the subject of the wage freeze, back pay and how frozen increases would be implemented after the lifting of the wage freeze are addressed in the BFSA Act and have been sanctioned by the New York State Court of Appeals after litigation, The City contends that it has a genuine revenue problem. All of the evidence shows that it does not generate enough revenue. to meet its financial obligations. The City concedes that it can only pay its bills due to the State's generous assistance. The City asserts that the most recent BFSA report highlights the challenges facing the City. -It notes that the City's expenses in the most recent year rose approximately 4.4% due to increases in pension and health insurance costs. It also warns the City about its use of fund balance to bridge its budget gap because the City is using a non - recurring revenue such as fund balance to fund recurring expenses. The use of fund balance, coupled with a one -time spin up in State aid, is the only reason the past year's budget did not cause the City undue strain. However, the BFSA noted that enhanced State aid is not recurring and presents a further funding challenge for the City in future years. The City insists that Ed Fennell, the FBA's financial expert, conceded that the City faces a challenging structural budget problem proving forward. In the City's estimation, this is precisely why any wage increases must be paid for with commensurate savings in health insurance and other productivity measures. The City notes that its budget director testified that the City built a 1.5% salary increase into this year's budget. Thus, any inciease above 1.5% without commensurate 24 �I concessions will require the City to utilize reserves or implement service cuts in order to fund the Award. The City observes that the FBA's financial expert disavowed the PBA's initial proposal for a 1 S% wage increase. He conceded that anything close to this amount was not tenable for the City. Given the City's budgetary challenges and the Iimited ability it has to raise revenues in the foreseeable future, the City urges the Panel to Award an increase no greater than 1.5% over the two years of the Award. Anything more will expand the City's structural budget gap and could represent a real setback to the City's recovery. For all of these reasons, the City urges the Panel to reject the PBA's demand, Panel Determination on Base Wases The Panel Chair has carefully considered the statutory criteria balancing the reasonable economic needs of the City's police officers, with the obligations of the City in the context of what is fair and reasonable in the context of the City's challenging economic conditions, Wages are one of the most important elements in any labor agreement. Employees have the utmost concern about the wages they will be paid, and wages represent the greatest expenditure for the City. When base wages increase, the City's costs for _ employee pensions, overtime, court time, holiday pay, etc., all increase. The record contains data that supports both parties' positions. The City faces genuine economic concerns. It has had to contend with flat revenue streams and an economy that is fragile. These are genuine issues that cannot be ignored. 25 The City's limited ability to grow revenue in the near term raises the greatest concern to the Panel Chair and is the most compelling reason for the PBA's salary increase to be far less than it has proposed, Several factors lead to this conclusion. Buffalo's population has been declining. This means fewer taxpayer's and. less revenue. The City's mortgage tax income has been declining for past several years. TkAs means less revenue.. The City is in the midst of a tax reduction plan that is intended to provide tax relief to the City's residents and attract more businesses to the City. While this is arguably improving the City's economic climate, the City will not capture revenue growth from this in the immediate future and it certainly does not add mvenue at the present time. The 2% tax cap law also restricts the City's ability to grow revenue. The general state of the economy in Buffalo and the State of New York overall and the unique challenges facing the City on the revenue side of the budget leads the Panel Chair to conclude that the wage proposal made by the PBA must be significantly moderated. The Panel Chair determines that the appropriate salary increase to award is I% effective June 30, 2005, i.e., on the last day of the first year of this Award, The Panel Chair also determines that on the last day of the second year of this Award PBA members shall receive an additional salary increase of 2 %..By deferring these salary increases to the last day of both years, the City will save more approximately $2 million dollars in _ retroactive money. Although all of the police units in the universe of comparables have gained ground on Buffalo's police officers, the salary increase awarded by this Panel will allow PBA members to remain competitively compensated. The data clearly supports this conclusion. PBA members also enjoy a competitive package of benefits and time off. W.7 Moreover, PBA members still have several additional retroactive years to negotiate. The amounts awarded for these two years move PBA members in-the right direction. This is an economic step :Forward for FBA members, While it is far less than the PBA demanded, the more modest approach is a necessity so that the City can continue to Keep its economic house in order and continue to work toward a brighter fixture with a. W more booming economy. Of significant note to the Panel Chair is the fact that while the police officers in comparable jurisdictions received greater increases in 2007 and 2008 than the amount awarded herein, all of the police officers in the universe of comparables work in jurisdictions that are significantly less reliant on State aid than the City of Buffalo. In the Panel Chair's view, the City is in the midst of snaking changes geared toward significantly improving its economic prospects in the future. However, it is not out of the woods. The City has structural budgetary issues that have required it to use more than $10 million in fund balance in each of the past three years. Since the City has real challenges on the revenue side of its budget, the personnel side of its budget can only grow in a modest 'and conservative way so that the City can manage its resources carefully and limit the impact of this Award on its taxpayers by maintaining services and limiting tax increases: _ The Panel Chair is cognizant of the fact that the City has set aside approximately $70 million in funds to pay for- retroactive settlements of collective - bargaining disputes. While the PBA insists that this justifies a wage increase beyond what is being awarded, the Panel Chair disagrees. He notes that the retroactive costs of this Award are nearly $10 million. The PBA has four additional years of retroactive years to negotiate over. This 27 ............. r.. will put a further dent in the $70 million of funds. In addition, the City has not had an agreement with its firefighters since 2004. The retroactive costs to resolve outstanding contracts with the firefighters will undoubtedly take a Iarge bite out of the $70 million because it will cover a large number of years, Hence, the Panel Chair determines that this Award is the most appropriate way to Handle salary increases for the PBA unit at this time. At the same time, the money that is set aside for settlements convinces the Panel Chair that it is appropriate to render an Award that is beyond the amount proposed by the City. This is important because the wage increases awarded by the Panel will allow City officers to retain their relative standing vis -a -vis the universe of comparables. The Panel Chair finds it to be important for City officers to maintain their standing relative to other officers in the universe of comparables to the best extent possible. If the Panel awarded the salary increase proposed by the City of 1.5% overall, which is well below the average amount received by officers in the universe of comparables, the Panel could jeopardize the relative standing of the City's police officers, In reaching the conclusion that salary schedules shall be increased by No effective June 30; 2008 , and 2 % effective June 30, 2004, the Panel Chair finds that the . City has the ability to'pay for a fair increase in wages overall, Accordingly, and after careful donsideration of the statutory criteria, testimony, exhibits, documentation, and post - hearing briefs filed, forming the record in this matter, the Panel makes the following: AWARD ON BASE WAGES ARTICLE 4- BASE WAGE 28 Effective June .30, 2008, the current wage scales shall bo lncreased by 1 %. Effective June 30, 2009, the June 30, 2008 wage scales shall be fiicreased by an additional 2 °1o. Concur Dissent Concur Dissent Kevin.M. Kennedy, _ Scan P. Beiter, EMq. LONGEVITY PBA Position The PBA proposes to adjust the years of service steps when longevity would be. granted and to increase the current amount of longevity being provided to officers, Currently, each PBA member receives. a longevity payment of $125.00 for each completed: year of service up to a maxiinum of 25 years. Thus, a PBA member with ton years of service currently would receive $1,250.00 for that yeah and a PBA member with 20 years of service would receive $2,500,00 for that year, The PBA proposes that the longevity schedule be changed. as follows: Years Arnowit 0-5 $1,000.00 6 -10 $2,000.00 11 -15 $3,000.00 16 -20 $4 Over 20 $5,000.00 The PBA asserts that its currently longevity schedule lags the m4rl3et substantially at all of the service levels. It maintains that its officers received fair compensation vis -a- vis the coraparables in 200:3 but that its rank has greatly worsened over time to the point 29 where its overall compensation for employees with 20 years of service ranks last among the Iocal, relevant police jurisdictions, To the PBA, the disparity in overall earnings must be addressed with significant increases to longevity as part of an overall package. The PBA. notes that officers in Amherst enjoy a payment of $3,850.00 for longevity at the 25 year while PBA members receive $3,125,00 per year at the 25"' year. In the.PBA's view, when the danger of the job its members perform is compared to officers in Amherst it becomes abundantly clear that significant-increases toward longevity are warranted. To the PBA, the evidence demonstrates that longevity payments and overall compensation to senior officers is well below market rates. City Position The City insists that the PBA has failed to present any support for this demand. It asserts that its police officers receive competitive Iongevity payments and that there is no compelling reason to further increase these payments. It points out that in virtually all of the municipalities cited by the PBA, Buffalo officers receive greater longevity payments than officers in wealthier suburban Buffalo police departments; In the City's view, increases to longevity are unwarranted in these difficult economic times. The City stresses that while its finances are in a better place than they were in 2003, the fact remains that any wage increases beyond 1.5% will have to be paid — out of this year's City budget. In other words, if the Panel Awards a base wage adjustment of 1.5% in total over the course of two years, any longevity payments would be beyond the ability of the City to finance without potential service cuts or other economic concessions. Since longevity payments add up over time, the City stresses that the Panel should not increase the City's liability on this already expensive payment. 30 Panel Determination on Longevity The Panel Chair finds clear support in the record for an increase to longevity. Police officers in. Buffalo are paid the same or less than many of their counterparts in suburban areas when base wages and longevity payments are factored in. Over the past several years, PBA inembem clearly have lost ground in terms of their overall i conipensation, Within the context of what is affordable, a modest increase is warranted so PBA members can maintain their relative standing. Accordingly, and after careful consideration of the statutory criteria, testimony, exhibits, documentation, and post - hearing briefs filed, forming. the record in this matter, the Panel makes. the following; AWARD Old LONGEVITY Longevity shall be modified effective June 30, 2009, so that thereafter, each permanent employee who has completed one (I) year of service shall receive annually, in . :addition to their salary, one hundred fifty. -five ($155) longevity payment fox each completed year of - service, to a Maximum- .of twenty-five years. Concur Dissent Concur Dissent Kevin M. ICennedy Sean F. Beiter, Esq. , HEALTH INSURANCE — Eli IMM'ATION OF COSMETIC RIDER Q tg Position In addition to proposing that employees share in the cost of their health inset -ance, the City has also the elimination of the cosmetic surgery. rider. It insists that this rider is highly expensive and far too great a luxuny for the City to be providing while it tries to avoid severe financial distress. It asserts that this rider is for'elective cosmetic 31 surgery. Hence, this is not a proposal to eliminate cosmetic surgery deemed medically j necessary. Rather, it is a benefit that is purely for elective procedures. The City stresses that this rider alone has cost the City between $1 million and $1.5 million in claims in recent years. In actual premium costs, the City contends that eliminating this rider will save the City approximately $335,000 per year, more than .5% _ in terms of overall salary. The City argues that this elective rider does not truly benefit the entire PBA membership, that the costs of this benefit are not justified; and that this expensive benefit has outlived its usefulness. In the'City's estimation, numerous'interest arbitration panels have recognized the need for employees to make concessions on health insurance. To the City, this concession is warranted and justified. PBA Position The PBA contends that the multiple changes proposed by the City regarding health insurance must be rejected. The PHA stresses that the record shows that the City has had multiple breaches of the CBA regarding health insurance. The PBA maintains that it has prevailed in grievance arbitrations to preserve its health insurance benefits after the City inappropriately breached its contract, The PBA maintains that this is neither the proper or fair time for the cosmetic rider to be eliminated. The PBA asserts that it has retained health insurance experts so that it could find ways to secure cost savings whale preserving benefits, In the PBA's view, the City has been less than forthcoming with information. Thus, while the PBA is open to. discussions about cost saving measures in the future, it insists that the cosmetic 32 rider should not be eliminated because this should occur, if ever, in the context of comprehensive negotiations, The PBA stresses that concessions on health insurance should not occur on a piecemeal basis. The PBA maintains that eliminating the cosmetic rider at this time will undcl - mine its efforts to effectuate comprehensive change. Panel Determination on the Elimination of the Cosmetic Aider The parties have a long and active disputing the issue of health insurance premium contributions, the plans offered by the City, and its overall costs. The City has proposed several cost containment measures in the area of health insurance that are not ,being granted as pant of this Award. Significantly, in consideration of the award on wages, this Panel is rejecting the City's proposal to require contributions toward the cost of health insurance. Further, the Panel denies the City's proposal to increases in deductibles paid by employees and for .fundamental changes to the health insurance plans offered by the City to PBA members. The City projects that these changes would save the City hundreds of thousands of dollars on an annual basis for the PBA unit alone. The PBA objects to the City's proposals in their entirety. It claims that it has won many of its current health insurance benefits through hard fought collective bargaining and through grievance arbitration awards. Moreover, the PBA expresses grave concern about the City's unwillingness to provide it with accurate and detailed data regarding health insurance. It claims that it has retained a health insurance expert who was hired to analyze the current data and offer recommendations for changes to the health insurance plans that would be cost effective while preserving benefits for PBA members. 33 Throughout this interest arbitration process, the parties have spent significant time discussing the issues raised by both parties regarding health insurance. Comprehensive changes are not being imposed by this Panel and are not recommended by the Panel Chair primarily because this can only occur after the PBA has been provided all of the relevant health insurance data from the City so its experts can provide it with a comprehensive analysis of the status quo and be able to make recommendations for the future. In order for the parties to have productive discussions regarding health insurance cost containment, the first step is for the City to provide the PBA with the necessary data. Once this occurs, the PBA has expressed a willingness to grapple with these issues. Ifthe PBA is well informed, it may be able to make its own recommendations and/or proposals regarding health insurance and provide a win/win for both parties. The other reason why the Panel Chair is not imposing comprehensive health insurance changes is because this should occur in the context of a long -term overall agreement. In this interest arbitration award, the Panel has authority only for two years covering the dates July I, 2007 to June 30, 2009. The Panel Chair is of the opinion that in order for comprehensive changes to be considered by the PBA, the City wiII need to come to the table with some quid pro quo economic improvements in the area of salary in exchange for cost saving and /or containment measures regarding health insurance. It is the panel Chair's sincere hope that the parties will take this recommendation to heart and that the City will provide the data requested by the PBA. Thereafter, they should engage in negotiations for a long -term settlement of their ongoing dispute regarding salary improvement in exchange for health insurance concessions. 34 ---------------- - - - -- ----- - -_ ..... �� However, the Panel Chair is of the opinion that, in exchange for the salary and longevity increases being granted as part of this Award, the City should*be provided with some cost saving measures as a quid pro quo. The cosmetic rider for the traditional plan should be eliminated because it is a luxury that is expensive for the City and no longer makes sense. The Panel Chair is not aware of any comparable group of employees other than City Board of Education employees that enjoy this benefit. Although it is possible that the. cosmetic rider benefit is being provided to some public employees somewhere else in the State, there is no evidence of this in the record in this case and the Panel Chair is not aware of any bargaining units in any other jurisdictions that receive such an extraordinary benefit. When the Panel Chair considers the lack of comparable employee units enjoying this benefit and the Panel Chair considers the interests and welfare of the public at large and the fact that he is fairly certain that a majority of taxpayers in'the City do not have this benefit, it becomes quite clear that this benefit should be eliminated. Simply stated, the taxpayers of the City and State should not be paying for this "Cadillac" benefit in these challenging economic times. If PBA members want cosmetic procedures that are completely elective and not necessary to maintain their health they can do what everyone else does, namely, pay for such procedures out of their own pocket, After balancing the statutory criteria, the Panel rejects the City's proposal to have all employees pay for a share of their health insurance and concludes that the elimination of the cosmetic surgery rider is the appropriate quid pro quo for the salary and longevity improvements that are being awarded as part of this Award. 35 Accordingly, and after careful consideration of the. statutory criteria, testimony, exhibits, documentation, and past- hearing briefs filed, forming the record in this .matter, the. Panel makes the following: AWARD ON H E'A L`1 H INSURANCE - - _ELIMINA'T`ION OF THE COSMETIC NTA t Effective June 30, 2004, after providing thirty. (30) days prior written notice to the Union, the City shall'have the right to eliminate the cosmetic rider frofn the traditional health plan offered to active employees .and anyone refiring on or aftex the date the City implements the elimination of the cosmetic rider benefit. It is understood that the City may not retroactively implement the elimination of the cosmetic rider benefit. 4­7 -0 -1 3 Concur Dissent Cor;cur Dissent Kevin. M. Ketmedy Sean P. Bditer, Esq. SEMI- ANNUAL MANPOWER ADJUSTMENTS. - City Position = The City currently has the right to review and adibst manpower levels annually. The City formerly had this right twice a year and the City wishes to again have the right to adjust manpower levels more than once a year. The City contends that this proposal _ will give it greater flexibility in assigning officers and control unnecessary and substantial overtime costs. By having the right to adjust manpower levels more than once per year, the Police Commissioner will be able to even out manpower across City police — districts so that an adequate number of officers are assigned to the appropriate shifts in the appropriate districts. 36 The City stresses that Police Commissioner Derenda testified that bi- annual manpower adjustment would permit him to respond to retirements or injuries that occur after January 15 in any given year. Under the current system, if a single district or shift has an inordinate number-of injuries or retirements after January 15, the City is prohibited from adjusting manpower levels until the following January 15. This creates difficult _ operational issues and creates unnecessary overtime. PBA Position The PBA does not strongly oppose this proposal, -It recognizes that the proposal will provide the Commissioner with greater flexibility. The PBA contends that this proposal should only be adopted in conjunction with the PBA's enhanced pay proposals. Panel Discussions ReLyardine Semi - Annual Manpower Aduustment The Panel Chair is persuaded that the City's proposal should be granted. The City has a valid and compelling operational need to adjust manpower levels twice a year. The current system of allowing manpower adjustments once a year is overly restrictive. and prevents the City from being able to adjust its manpower levels when situations arise that are out of the City's control such as police officer retirements or injuries. The City's proposal is reasonable and should result in more prudent police coverage and reduced overtime costs. Accordingly, and after careful consideration of the statutory criteria, testimony, exhibits, documentation, and post - hearing briefs filed, forming the record in this matter, the Panel makes the following: AWARD ON SEMI- ANNUAL MANPOWER ADJUSTMENTS Modify the manpower adjustment provision by changing it to read as follows: 37 The parties mutually recognize that there may be a need from time to time to adjust manpower levels in response to retirements and other personnel changes. The City shall have the night to review and adjust rn wpowerlevels semi - annually on January 15 and July 15, Concur Disi�mt Concur Dissent Kevin. M. Kennedy Sean P. Reiter, Esq, REMAINING ISSUES The Panel has reviewed - in great detail all of the demands of both parties, as well as the extensive and volurrdnous'record in support of those demands, The fact that those demands have not been specifically addressed in this Opinion and Award does not mega that they were not closely studied and considered in the context of terms and benefits by the .panel members. These proposals were considered by the Panel in light of the statutory criteria, testimony, exhibits, documentation and past - hearing briefs filed. However, in the process of arriving at an Award, the Panel was unable to arrive at an agreement on any of these other proposals. In..interest arbitration, as in collective bargaining, Trot, all proposals are resolved and not all contentions are agreed with. The Panel, in reaching what it has determined to be fair result, has not made an Amwd on all of the demands submitted by each of the parties. AWARD ON REMAINING ISSUES Except as set forth in this Award, the Oty's demands are hereby rejected. Except as set forth in this Award, the PBYs demands are hereby rejected. h� Concur Dissent Concur Dissent Kevin M, Kennedy Sean. P. Beiter, Esq. 38 ` RETENTION OF JURISDICTION The Panel Chahlnan hereby retains jurisdiction of awry and all disputes arising out of the interpretation of this Award. Conour D issent Kevin M. Kennedy 7 .1 Cbatcur° Dissent Sean F..Beiter, Esq. IDU.RATION car A.wARD Pursuant to the agreement -ofthe pai -des and the of Civil Service Law Section. 209'.4(e)(vi) (Taylor Law), this Award is for the period commencing July 1, 2007 through June 30, 2009. The terms of this Award shall be effective on such dates as set forth herein and payable to any. unit rnernber working during such award term. Payment of any refroaetive wage and/or longevity adiustcnent shall be made no later than 60 days after the execution of this Award. Accordingly, the Panel, after consideration of the record evidence and aftep due consideration of the statutory criteria, executes this insfz- ainent which is our award. - 4 JAY i yS ate Publ �PaneI Member and Chairman SEAN P. BEITER, ESQ. Date Employer Panel MembeT EVIN KENND Date anployee Organization Pauel.Member 39 STATE OF NEW YORK) COUNTY OF PUTNAM) On. this '. of July 2013 before me personally came and appeared Tay M. Siegel, Esq., to nownand. known to me to be -the individual described in the foregoing lnstrun an he acknowledged the same to me that he executed the same. P�Notary PubIf K DuoFm NOtary F`0110, ftto ot.Ne'Wy4*-- gg STATE OF NEW YORK) Qualfflad in Putham court y. COUNTY OF ERIE) ss, Comn"810ri Expires 06y06120-!a OnOlis 7 day of July 2013 before me personally carne and appeared Sean P. Beiter., Esq. to be known and known to me to be the individual described in the foregoing Instrument, and he acknowledged the same to me that'he executed the same. W#ry ublic TAMMY L. SWATswoRT14 STATE OF NE W YORK) Notary Poblia, State of N Y mycom 4)aIrri6d in E fie county COUNTY OF ERIE) Mlisjun Expires March 26.140 7 On this IDIa' f July 2013 before e personally came and appeared Kevin M. : yo m Kennedy, Esq, to be known and known tome to be the indivi al described :i n the foregoing Instrument, and he acknowledged m ed the same to e 61t he, executed ' the same, ary Pnblie W&OPA j ONRLUCCA w- MICA6020149 N of NovIVA DAIfed)n eRIECOLINTY 40 ( -'Al STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Compulsory Interest Arbitration -between - BUFFALO POLICE BENEVOLENT ASSOCIATION, INC. -and- CITY OF BUFFALO, NEW YORK PERB Case No.: IA 2008 -027; M2008 -190 DOODY CONCURRING OPINION BEFOR)a Jay M. Siegel, Esq. Public Panel Member and Chairman Kevin M. Kennedy Employee Organization Panel Member Sean P. Beiter, Esq. Public Employer Panel Member Sean A Beiter, Esq., Public Employer Pastel Member Coneurring After careful consideration of the statutory criteria, testimony, exhibits, documentation, and the post - hearing briefs filed, forming the record in this matter, the Public Employer Panel Member concurs in the Award for the reasons set forth by the Chair in the Opinion and Award. STATUTORY FACTORS The Panel has carried out its statutory mandate to make a just and reasonable determination of the matters in dispute, taking into consideration; along with other relevant factors, the following criteria specifically set forth in Section 249.4 of the Civil Service Law: a) comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees. performing similar services or requiring similar skills under similar working 1 conditions and with other employees generally in public and private employment in comparable communities; b) the interests and welfare of the public and the financial ability of the Public Employer to pay; c) comparison of peculiarities in regard to other trades or professions, including specifically, 1) hazards of employment; 2) physical qualifications; 3) educational qualifications; 4) mental qualifications; 5) job training and skills; d) the terms of the collective agreements negotiated between the parties in the past providing for compensation and fringe benefits, including, but not limited to, the provisions for salary, insurance and retirement benefits, medical and hospitalization benefits, paid time off and job security. In light of the City's unique financial conditions, it is difficult to conclude that there is a truly comparable community. The Panel Chair finds that the cities of Rochester and Syracuse are the most appropriate group of comparables; however, there is no question that both Rochester and Syracuse have much stronger financial indicators. As set forth below, Buffalo requires significantly more financial assistance from the State and is required to dedicate a much higher percentage of its budgetary expenses to providing public safety services. 2007 2 _ - -- Total Star Total State Percentage of Total Tbta1 Percentage Spent on . -. - - -- Community Revenue Aid Revenue Expenses punt €c 2007 from State 2007 Safety Aid Buffalo $512 $178,738,898 34.8% $480,491,149 35.2 ° /a Rochester $469,600,471 $86,142,760 18.3% $442,732,423 27.4% Syracuse $302,596,920 $75,610,139 25.0% $267,114,730 27.9% 2 2008 While geographic size, population, and proximity may be indicators of similarity, for these purposes, the primary indicators of comparability should relate to the community's financial wherewithal, When the financial position of the municipality is taken into consideration, the comparison of wages, hours and conditions of employment of police officers presented to the Panel does not support the increase in wages sought by the Buffalo Police Benevolent Association, hic. CTBA "). There is no formula to be applied to this data as to determine the salary of unit members; however, it is helpful to consider ernployce work schedules, retirement benefits, and health insurance benefits when evaluating the salaries of police officers in a municipality. In this case, members of the City of Buffalo Police bargaining, _— unit enjoy the best health insurance benefits of any of the employees included in that comparison in terms of available benefit plans, employee premium cost sharing obligations, and retiree benefits, Recognizing that wages are so interrelated to health insurance benefits, this Panel member finds that as the City unit members hold the top position with respect to health insurance benefits, one would not expect City unit members to hold the top position with respect to take Dome compensation in addition to having the best health insurance package. Ordinarily, a union would need to forego wage increases in order to preserve health insurance benefits. Therefore, in light of the health insurance benefits enjoyed by unit members, this Panel member concludes that the comparable data does not justify making unit employees the highest paid police officers in the comparison. There is no question that consideration of "the interests and welfare of the public and the financial ability of the public employer to pay' supports the use of restraint by this Panel in requiring the City to tape on additional expenses. While the City has prudently reserved monies to fund the retroactive cost of potential wage increases for all 3 Percentage percentage Cn nnmunity Total Revenue Total State of Total Revenue Total Expenses S ent on 2008 Aid 2008 from State 2008 Public Aid Safe Buffalo $492,005,946 $179,080,631 36.4% $482,722,560 31.9% Rochester $477,040,974 99,308,962 20.8% $488,971,503 31.5% Syracuse $299,187,352 $82,453,901 27.6% $280,645,233 27.2% While geographic size, population, and proximity may be indicators of similarity, for these purposes, the primary indicators of comparability should relate to the community's financial wherewithal, When the financial position of the municipality is taken into consideration, the comparison of wages, hours and conditions of employment of police officers presented to the Panel does not support the increase in wages sought by the Buffalo Police Benevolent Association, hic. CTBA "). There is no formula to be applied to this data as to determine the salary of unit members; however, it is helpful to consider ernployce work schedules, retirement benefits, and health insurance benefits when evaluating the salaries of police officers in a municipality. In this case, members of the City of Buffalo Police bargaining, _— unit enjoy the best health insurance benefits of any of the employees included in that comparison in terms of available benefit plans, employee premium cost sharing obligations, and retiree benefits, Recognizing that wages are so interrelated to health insurance benefits, this Panel member finds that as the City unit members hold the top position with respect to health insurance benefits, one would not expect City unit members to hold the top position with respect to take Dome compensation in addition to having the best health insurance package. Ordinarily, a union would need to forego wage increases in order to preserve health insurance benefits. Therefore, in light of the health insurance benefits enjoyed by unit members, this Panel member concludes that the comparable data does not justify making unit employees the highest paid police officers in the comparison. There is no question that consideration of "the interests and welfare of the public and the financial ability of the public employer to pay' supports the use of restraint by this Panel in requiring the City to tape on additional expenses. While the City has prudently reserved monies to fund the retroactive cost of potential wage increases for all 3 of its employee groups that have been without a contract, any wage or longevity increase will increase City expenses on a recurring basis going forward into the future. The comparison of peculiarities in regard to other trades or professions indicates that there are hazards arising from employment as a police officer; however, employment as a police officer in the City has long been recognized as potentially hazardous. There is no evidence that this position has become any more dangerous over the period covered by the Award. While officers began one - officer car patrols in 2003, the parties bargained an. across - the -board increase of $5,000.00 in wages in recognition of this change. As City police officer wages already take the hazards of the job into consideration, this factor does not support the significant compensation increases sought by the PBA in this proceeding, Consideration of the terms of the collective agreements negotiated between the parties in the past reveals an outdated "agreement" that demands modification in terms of managerial and operational issues that will help the Police Department continue to carry out its mission in the new reality of the financial conditions faced by New York municipalities... Therefore, this factor argues in support of the City's operational . proposals. PANEL AWARD In the end, careful consideration of the statutory criteria, testimony, exhibits, documentation, and post - hearing briefs submitted to the Panel supports the path of moderation taken by the Chair. While the City believes that the Award should go further to address the financial burden placed on the City by the health insurance benefits of unit members and to allow the Commissioner greater flexibility in the management, direction, assignment, and control of City police officers, it acknowledges that the City and the Chair have arrived at a just and reasonable determination of the matters in dispute. Ten (10) years ago, the City was in a state of fiscal crisis and the welfare of the inhabitants of the City was seriously threatened. On July 3, 2003, the State imposed special legislation and the oversight of a "Control Board," the Buffalo Fiscal Stability Authority ( "BFSA ")..The BFSA wielded a combination of temporary relief tactics, including deficit borrowing, freezes on hiring, and a wage freeze which provided immediate relief from rising personnel expenses. The current City administration enacted a series of managerial reforms, and the City's fiscal condition improved to the point that, effective July 1, 2007, the BFSA ended the wage freeze that it had imposed. Over the past ten (10) years, the City has adopted reforms in order to avoid conditions that contributed to the 2003 fiscal crisis, such as inadequate reserves, poor cash flow, and unpredictable expenses. The City and the PBA litigated the effect of the termination of 4 ........ , ......... .............- --- ......... the wage freeze effective July 1, 2007, and the State Court of Appeals ruled that the City correctly implemented all increases that had been frozen. The PBA proposals, if granted, would undo much of the progress that this administration has made with City finances. The Panel wisely rejected those proposals, which would have put the City back on the path toward the fiscal crisis that existed ten 0 0) years ago. While the Award issued by this Panel will not create a fiscal crisis, it will exasperate the City's structural budget deficit by increasing the City's recurring expenses. The reality of compulsory interest arbitration is that the City must join in this award, even though it contributes to the City's structural deficit, in order to avoid an award that likely would have included additional expense for the City if the award was made by the Chair in combination with the PBA. More than one -third (1I3) of the City's operational expenses are for public safety operations, and the vast majority of those expenses are personnel related. Currently, the City of Buffalo requires over $161,285,233.00 in Aid and Incentives for Municipalities (AIM) from the State of New York in order to balance its budget. This Award will place greater fiscal stress on the City as it will . increase wages and longevity for unit members retroactive to June 30, 2008. Not only will these increases cause the City to utilize funds reserved for potential raises for a] I City employees in order to fund the retroactive portion of the Award, the increases will add to the City's budget deficit going forward as the City's practical ability to raise revenues is severely limited by economic conditions in the City, by the State- imposed property tax cap, and by the concerns of bond rating agencies, Unless the State elects to fund the additional costs that result from this Award, the City will likely need to cut planned expenses in other areas in order to pay for the increases in this Award going forward. This Award does recognize that the City is still recovering from a fiscal crisis and. exercises restraint: ➢ The 1.0% wage increase for the first year of the Award takes effect on — June 30, 2008, essentially saving the City one (1) year of retroactive costs, 9 The 2,0% wage increase for the second year of the Award takes effect June 30, 2009, essentially saving the City one (1) year of retroactive costs. 5 '" <.. Rw �f: >� : a aka :,� {'` =�• � rt . }.' � � r�: %y�, � - .f - . .... .. .... .. .. ....._._-__. .... ..................... ...... ..... T..r- .�.:.... -- --..... .1- J While the City has agreed to a $30 increase per year in longevity benefits as part of the Award, it has done so with extreme reluctance. The City does not find any compelling support in the statutory factors for awarding an increase in longevity benefits; however, constrained by the statutory process, the City acquiesces to this portion of the Award in order to secure the other terms, including the delay in the effective date of the wage increases, FAILURE TO ADEQUATELY- ADDRESS CITY PROPOSALS To the extent the City has an objection to the Award, the objection is not over the terms included iri the Award; it is over the terms that were not included in the Award. If there is any hope of binding arbitration gaining acceptance among employers, panels must be willing to make meaningful awards on health insurance benefits, health insurance premium cost sharing, and managerial /operational changes to contracts, The City proposed that unit members contribute to the cost of the excellent health insurance benefits that they enjoy. While sharing in the cost of health insurance premiums is becoming common place, except for new hires, unit members will continue to enjoy "Cadillac" level health insurance benefits' that will continue to be paid in fall by the taxpayers of the City of Buffalo, as assisted by aid from the State of New York. This must be the last Award or contract that does not include reasonable health insurance premium sharing by ail unit members. Further, the combination of benefits, co- payments, deductibles, and coinsurances must be brought closer to the benefits enjoyed by the City taxpayers and residents who are ultimately paying for the benefits of City police officers. It would be bad public policy and not in the interests and welfare of the public for City of Buffalo Police Officers to have a package of health insurance benefits _ so rich that it is subject to an excise tax under the Affordable Care Act. — While the Award fails to rectify the overly rich health insurance benefits of unit members, by including a small portion of City Proposal 16, it does finally give the City to take the first step to conform the benefits of its employees to those typical of City residents by allowing the City the right to discontinue the cosmetic rider on the traditional health insurance plan upon thirty (30) days notice to the Union. This is a step toward adjusting the package of health insurance benefits to a reasonable level. Further, I Under Section 9001 of the ACA, effective January 1, 2018, health insurance issuers and sponsors of self funded group health plans will be assessed an excise tax of forty percent (40 %) of the amount considered to be an excess benefit beyond the annual Iimit of $10,200 for self -only coverage and $27,500 for self and spouse or family coverage. The annual limits described above are increased by $1,650 in the case of self: only coverage and $3,450 in the case of self and spouse or family coverage for retirees not entitled to Medicare benefits and individuals engaged in high -risk professions. The plan sponsor (e.g., the Employer) is responsible for paying the excise tax for self - funded coverage, The traditional 901 family plan currently costs the City $24,459 per year. Therefore, if the cost of this plan increases at a rate in excess of six percent (6 %) per year, it will likely be subject to an excise tax under the Affordable Care Act in 2018. relieving the City of the obligation to pay for such "Cadillac" level benefits can only be termed a prudent development. While this is a positive development, it is far from where the City and PBA need to be on the subject of health insurance benefits. The City sought a number of meaningful changes to managerial/operational provisions of the collective bargaining agreement; however, it is forced to accept smaller concessions relating to changing manpower levels. This is another example of how the system of compulsory interest arbitration fails municipalities. While panels have little difficulty in making retroactive wage increases, they are reluctant to impose managerialloperational changes, especially when the period covered by the award has passed. A bargaining impasse over wages is not different than a bargaining impasse over an operational issue —there is no reason why the remedy of compulsory interest arbitration should be denied to a municipality on an operational issue. COMPULSORY INTEREST ARBITRATION The State of New York amended the Taylor Law in 1974 to provide compulsory interest arbitration to resolve impasses in contract negotiations between municipalities and police and fire unions, Uncertain of the long term effect of binding arbitration, the State scheduled the provision to expire just two (2) years after taking effect. This experiment has now been continued in the State for thirty -six (36) years, and it is clear to this writer that compulsory interest arbitration of police and firefighter collective bargaining disputes contributes to ever - expanding fiscal burdens on New York municipalities and results in superior wage and benefit packages for these employees in comparison to the typical wages and benefits of the residents /tax payers in the community. Civil Service Law section 209 (4) is clearly a driver of "fiscal stress" for New York State municipalities. Noting that "New York's communities are facing a new fiscal reality," the New Fork State Comptroller has established a system to monitor the "fiscal stress" of a municipality. According to the Comptroller, "fiscal stress" is a concept that seeks to measure the extent to which a local government is in danger of a fiscal crisis warranting intercession by the State. The indicators that the Comptroller monitors in order to measure "fiscal stress" essentially measure different aspects of the same problem; not enough recurring revenue to cover recurring expenses. Too often, compulsory interest arbitration awards exacerbate structural deficits by increasing a municipality's recurring expenses when the municipality has no acceptable means of raising recurring revenue. That is the situation with the City of Buffalo. 7 The reforms to binding arbitration that are under consideration in Albany, that. will call for the panel to give the ability to pay factor a weight of seventy percent (70%) and other factors thirty percent (30 %) when the municipality is in fiscal distress, will not compel a compulsory interest arbitration panel to take any specific action. It is suggested that the system needs much more specific reform in order to help municipalities to address the fiscal stress that lies ahead, including to: • Require that any award that includes an increase in wages must also include a modification of health insurance benefits that reduces the premium cost of the benefits by at least the same amount as the cost of the wage increase; or • Require that an award provide that, in any year in which a municipality's costs for the health insurance premiums for unit members exceed the threshold for a "High Cast" plan under Section 9001 of the Affordable Care Act, unit members selecting a "High Cost" plan must pay the cost of the excess benefit and pay the cost of the excise tax by payroll deduction. • Require that an award provide that, in any year in which a municipality's costs for the health insurance premiums for unit members is projected to exceed the threshold for a "High Cost" plan under Section 9001 -of the Affordable Care Act, the municipality may raise deductibles and co- payments in those plans prior to the start of the benefit year in order to reduce the cost of unit benefit plans below the "High Cost" plan threshold. • Require that in any year in which a municipality's health insurance premiums for unit members exceed two percent (2 %), any binding arbitration award for that period must require unit members to pay the amount of increase health insurance costs in excess of two percent (2 " / o) . by payroll deduction. • Prohibit any retroactive wage increase that is not accompanied by a retroactive change in health insurance benefits and/or premium cost sharing. • Amend the law to allow binding arbitration panels to make awards that may take effect after the date of the award, regardless of whether the statutory period to be covered by the award has passed. Further, allow panels to issue awards that are contingent. on the parties reaching agreement on some subject at some point after the award is issued. While the City has made great strides toward reestablishing its financial health since 2003, significant dangers continue to loom overhead. The City, like most municipalities, is haunted by the ticking time bomb of the cost of retiree health insurance costs. Government Accounting Standards Board (GASB) Statement 45, dealing with liabilities for "Other Post- Employment Benefits," requires a municipality such as the City to calculate the present value of the retiree health insurance costs accrued in its financial statement. The City of Buffalo's UNFUNDED accrued liability for retiree health and dental benefits is $1,260,645,000, and this liability will continue to increase as the City continues to fund this liability on a "pay as you go" basis. CONCLUSION The Panel arrived at the Award in this matter after careful consideration of the statutory criteria, testimony, exhibits, documentation, and the post- hearing briefs. The Panel weighed, considered, and debated the inferences to be drawn from the statutory criteria submitted, and although a unanimous decision was not reached, the Chair and Public Employer Panel Member made a just and reasonable detemin.ation of the matters in dispute. Under the constraints of the current compulsory interest arbitration provision of the Taylor Law, this Award is the best outcome that the City can achieve for this term. Therefore, I concur in this Award. DATED: Buffalo, New York July 7, 2013 ?, K-L=-- SEAN P. BEITER, ESQ. GOLDBERG SEGALLA LLP PUBLIC EMPLOYER PANEL MEMBER City of Buffalo, Neyv York 665 Main Street, Suite 400 Buffalo, New York 14205 Telephone: (716) 566 -5400 9 -__,, , � l �. ��� The statute is clear regarding matters under Impasse. All matters related to the dispute are to be presented to the panel for consideration. One of the most basic tenants of consideration Is a careful thought process and complete deliberation. This panel member believes this award fails the statute mandates of "just and reasonable determination ofthe matters in dispute". Therecan be no just €fiable logic assigned to the wage determinations based on the data available to this panel. The Panel Chair's determination on comparability illustrates a lack of attention to the facts entered into evidence. The Chair determined that Rochester and Syracuse were the most appropriate group of comparability. There is no merit in including Syracuse as a comparable. The City of Syracuse is half the size of Buffalo and has nearly half the population. In making this determination the Chair placed a heavy reliance on evidence not presented in this process and, disregarded the evidence submitted by the PBA. There is no documentation for the Chair's assessment of the weight of this undocumented information. Whereas, the PBA presented fully documented evidence. Further, the Chair cites that Buffalo Is a city with a large number of poor residents in need of fiscal assistance. There Is no data in evidence to confirm this assertion and no relevance for this Information in the statute, The Chair also'states that Buffalo has been struggling economically for over twenty years. This statement completely disregards the fact that Buffalo is now and has been in gales of enormous economic development. At present there is over 500 million dollars in development occurring In downtown Buffalo alone. The City's bond rating has been repeatedly upgraded to a level never before seen in the city's history. The Chair places fartoo much weight on Buffalo's budget and its receipt of state aid. Aid from New York State to the City has been consistent for over ten years. The state's budget was decided during the Arbitration process and aid to Buffalo was going to be Increasing, Every municipality In New York State receives state aid, In comparison the amounts received by the City of Buffalo is no different than that - — received by other large municipalities. Therefore, the Chair should not haveaccounted any part of his decision on such a factor. The testimony of Edward Fennel was complete and built on published facts, mainly the finalized and reported end of year budgets of the City of Buffalo. Fennel testified that Buffalo had built a surplus of over 142 million dollars. This figure did not include over 70 million dollars that the City of Buffalo had set aside for salary adjustments required through contract settlement, The PBA finds it impossible to fathom how a city in such dire straits could amass such a fortune. These facts again illustrate how little effort this Chair put Into analyzing the presented evidence. Careless disregard of known facts and reliance on the baseless information is clear indication that.the Chair did not fulfill his duties of neutrality. Further, the Chair illustrates this laxity when citing that police agencies in the area and other City of Buffalo bargaining units should be considered in the universe of comparability. If the Chair believed this to be the case, he would have granted weight to the PBXs evidence that members of the PBA fell far behind their counter parts during the covered years. The PBA presented evidence that clearly indicated that the members of the PEA are over 10! behind • .� r - . ............. .. the other police agencies in this area, Also, the other city bargaining units were abie to negotiate contracts with the City of Buffalo and realized significant wage Increases. Most plainly in those examples Is the contract settled by the operating engineers of the City of Buffalo. This bargaining unit was granted a $5,000.0 immediate raise and three years of two (2) percent raises for the same period under Arbitration. This bargaining unit covers employees that maintain the boiler systems in the buildings owned by the City of Buffalo. This award is diminutive when considering a _ comparison of the operating engineers and police officers. This point makes it clear that the Chair did not considerthe hazards of police work when rendering his decision. The fact that the BFSA unanimously approved the operating engineer's contract for the same period as this Arbitration further solidifies this argument. The PBA also presented testimony and evidence that the city negotiated and the BFSA approved a contract with Local 282 (Buffalo Firefighters) that would have netted that union a 3395 raise in the covered years. That agreement would have granted Local 282 members a $5,000.00 raise plus a 3.4% Increase above that raise in 2007. That local would then realize successive 3.4% raises each year until 2011. How can anyone rationalize that the city did not have the ability to pay when they negotiated such a deal and the control board agreed the city could afford It? Had this Chair paid any attention to these facts there Is no way he could Justify the 1% raise In 2008 and the 2% raise in 2009 that he determined was "just and reasonable "I The Chair again assessed far too much weight to received state aid as a basis for the City of Buffalo's excessive fund balances. The evidence clearly indicated that Buffalo grew these fund balances completely off the backs of its workers; who suffered through the wage and hiring freezes compelled by the BFSA. The Chair finds that the City of Buffalos' budget remains challenging. He uses the phrase "abundantly clear ". The only proposition that is abundantly clear is that the Chair places more credence on the City's unsupported positions. The PBA feels strongly that the Chair has demonstrated a lack of understanding when considering economic realities. The logic assigned by the Chairthat there is a limit In the City's ability to annually grow its revenue indicates divide between assumption and reality. The City of Buffalo has not raised taxes in over seven (7) years. The Mayor campaigns an this fact. The economic investment in the city is thriving and robust. While the city has not utilized the 2% tax cap law, it still has been able to grow its property tax base and overall property tax income. Further, during this period of tax abatement; the City has grown its fund balances to enormous levels. So, it is clear that the City is managing It finances well enough and the size of the fund balances indicate that it could well handle significant wage increases. The City's taxing margin has steadily improved. The mere fact that the Chair states he has "carefully considered the statutory criteria" is not borne out In his determination on base wages. The wages awarded are done so by the Chair and not by the panel as he states in his award. The Chair gave no consideration to the argument of the PBA panel member nor, did he cite the volumes of evidence brought forth by the PBA. There Is no evidence on the record that proves that this award on wages will allow the PBA members to remain competitively ' compensated. The facts In evidence prove completely different result. When this panel membersent an email in response to the Chair and did not include the City panel member, the Chair corrected his action. However, it has come to the attention of this panel member that there have been multiple communications between these two parties with the exclusion of this panel member. Further evidence of this resounds in that the Chair is sending this Award to the City panel member first for his signature. All communication on this Arbitration should have been done completely inclusive to the parties. The Chair determined that members of the PBA shall suffer the loss of the cosmetic rider as part of this award. This panel member brought forth a healthcare expert to testify but could not present him because the city hld facts from this party. This panel member requested that the Chair mandate the clty produce the necessary and relevant information regarding the cosmetic rider. The Chair did "direct" the city to produce the information but, did not follow through when the city failed to follow his directive. Information was finally produced on the last day of executive session. This obtrusive act alone should have shown the Chair that there was not enough Information on this subject to warrant a determination. The Chair did, however, render a determination with regard to the cosmetic rider. How was the Chair able to render such a decision without all the facts? Early on in this Arbitration the Chair determined that civil servants did not deserve such a luxury. The Chairs' political and social views should not have entered into consideration when dealing with a fact based arbitration. The Chair clearly made a decision early on in the process on this issue and gave no weight to any evidence presented or evidence hidden. When considered in Its entirety this award is a mockery of the process and a complete insult to the PBA members who have been without a contract since July 1, 2007. The members of the PBA have bravely sacrificed in service to the citizens of this great city and have subsequently been snubbed by this award. — Instead of narrowing the gap between the comparable universe this Chair has widened it. This will leave the PISA further behind their counterparts and less likely to ever be able to catchup despite the City's sound and stable finances. This panel member vehemently dissents with the entire award. This award is neither fair - minded nor equitable. The Chair's rendering will further erode the relationship between the parties to this Interest Arbitration process. The Chair effectively "kicked the can down the street" when stating that the PBA has four additional years cif retroactive years to negotiate over. Again, Just by placing the word fair in an award does not demonstrate that it is such. This panel member feels that the Chair took the easy route when investigating the claims of the parties. The Chair found a willing partner in the City's panel member. They coilectiveiy bargained the outcome of this Arbitration. Their actions run against the grain of the statute and lays waste to the legislative intent behind this process. Therefore, this panel member vehemently dissents to this award in its entirety. Dated: Buffalo, New York /tt y submi luly&'2013 ennedy PBA President /Panel Member 74 Franklin Street, Room 110 Buffalo, New York 14202 (716 )851 -4501 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES September 3, 2013 0004 #I (Rev. 1/93) Single Pa g e Communication to the Common Council To: The Common Council: Date: August 19, 2013 From: Department of Economic Development Permit &Ins ectian Services Division: Office of Licenses Type in Upper and I. L Lower Case Only Subject: [: Used Car Dealer [: 2687 Bailey (University) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx. C.C.P. xx/xx/xx Text ( T Single Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2687 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Aleksandra Alekseyev. The attached thereto for Aleksandra Alekseyev /dba/ V & A Enterprises Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: , Type Title: Sianature of Department Head: JQPS:Iad interdepartmental Memo Date: August 19, 201.3 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 2687 Bailey Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer appli ation to the Common Council: Fire Prevention Building Inspection olive Department Police Record Check Application Director Permit & tintion S ervices CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: -------------------------------- _---- - - - - -- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED, PROVED: DATE: f• - //-/ DISAPPROVED: DATE: DISAPPROVAL DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT 4Z ZI BUILDING KEVIN FITZGERALD V & A ENTERPRISES INC. USED CAR DEALER 2687 BAILEY UNIVERSITY COUNCIL DISTRICT ALEKSANDR ALEKSEYEV (7I6)240 -9793 UCD12- 10025386 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO y OFFICE OF LICENSES 1 301 CITY HALL -- BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: LT. LAWRENCE HAKES APPLICATION FOR: V & A ENTERPRISES INC, LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** ------------------------------------------ ------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) - - - - - - u APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: USED CAR DEALER 2687 BAILEY UNIVERSITY COUNCIL DISTRICT ALEKSANDR ALEKSEYEV (716)240 -9793 UCD12- 10025386 RM# - EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE .MARGARET OVERDORF V & A ENTERPRISES INC. USED CAR DEALER 085 2687 BAILEY UNIVERSITY COUNCIL DISTRICT ALEKSANDR ALEKSEYEV (716)240 -9793 UCD12- 10025386 2ND REQUEST ------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: h DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: CITY OF BUFFALO 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:. COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. _._. - Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM 1 kx� Vic] I There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified bya Notary Public (or) Commissioner of Deeds -as listen on the bottom of this application. Without total compliance to these instmotions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT C r'=' !MAIDEN DAME SEX !` RACE W h 4e - CURRENTADDRESS: 2 liblulu!o(e --bt^, ,i; }it, 1 ,r i AJ I ) DATE OF-BIRTH: r S OCL4L, SECURITY #_ _ REASON FOR REQUEST SIGNATURE OF STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the day of r , 20 1 2,- before me personally appeared �.{ s e V to me known to be the same person described in, and who executed the foregoing instrument and a knowledged the execution thereof BROWi� 'U" L0' NY p A ICE M, C�." o Pub: * * * * * * * * * * * * * * * * ** TO BE COMPLETED BY ,RECORD TTACHED VERIFIED B NO RECORD ON FILE DATE VERII REGINA— No. 01BR60670 Rotary Public, State of New York Qualified in Niagara COMP , rnmmissIon Expires Fab. 2,204 NOTE: USE OF THIS P4FORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER DAYS FROM DATE VERIFIED. NOT YALID UME STA um . lic / Commissioner ofDeeds 0 Via: 4 sed Car Dealer 0 Second Hand Dealer 0 Scrap Processor 65 Niagara. Sq. City Hall Room 301 Buffalo, NY 14202 , s Phone (715) 851 -4078 Fax .(716) 851 -4952 - � All information on this form is public record BUSINESS LICENSE APPLICATION \X���� fee $262.50 $118.00 $ 78.75 0 Wholesale Junk Dealer $262.50 fee 0 Tire Handler I $11 5.00 10 -1000 tires 13 Tire Handler II $262.50 over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at.least $50,000 both for personal injury and property damage, must contain 10 day cancellation. clause with the certificate holder as City ofBaffa[o,.Office of Licenses Room 30I, Buffalo NY 14202 Tire Storage Information Inside Storage _ yes — no Outside Storage _yes —no 0 Flee Market fee 1 -10 tables $ 78.75 1125 tables $155.00 +26 tables $210.00 Corporation Name r Business ��pp �� Phone Business Name (dba) [? { "Ucnr 1 + 9 At rT o cxa Business Fax Business Address (no PoBox) 2>0 be e A dam, AMY (Y2) Mailing Address (if different) NYS Tax ID # P - 1 &9-� 19 fi Business site � � , ' ' `. E -Mail Vf?co ` SC ;` ` E Owner(s)/ Principal Partners Applicant (last, first) �) � �*� Y ��/ �I �� � �a ► r � �' Home Phone d� � 1w;g6 / 9 Home Address Box not acceptable) ±gs PCj"'Z, co- fV22 Date of birth Place of Birth Vt4s 9 0 Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Home Phone Place of Birth Describe your specific business activity in detail. 0-'� C-Q SDie —J . Subscribed and sw to before me Q day of enWo iI Ca ' ioner ofDeeds in and for the City of Buffalo. New York REGINA A. BROW14 Qualified In Niagara County My CommissionExdra: =nh 2.20 I am aware of the obligation to provide timely notice of any change in required information, and I have informed 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 associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and cuirent to the best of my knowledge and belief. Print Name A404/ 20 -d e Me -ccs-e e v dr /alh2 Signature Date C I TY m L UFFfl1.0 DEPARTMENT OF PERMIT & INSPECTION SERVICES DIRECTOR'S OFFICE BYRON W. BROWN JAMES COMERFORD, Jr. Mayor ('nnunissioner PATRICK SOLE, Jr. id , c t1 6 ,�r� LIJ-A Director August 16, 2013 {,/ fir [ Gerald Chwalinski City Clerk 1308 City Hall Buffalo, New York 14202 Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District "; (F) "Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC. "Lux" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications for the September 6, 2013 co- mingling event are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. t ruly yours, Sole, Director s & Inspection Services RE CEIVED AND lFILEI) u .114; AI \ j% ;j Ii — , I 11 I1 `,I 1 111iH 11 E , 11.. lia: II �.�I ,.,I & Al1tiT wd • mnf � rlrfl nT�wf - " W% WTCI - P #1L ! 1_'. P , "I%Arlrrlr 11r I xwpor r.. of rVANTRIN F" *T—' PERMITTMG ENTRY OF PATRONS 1JNDEER AGE 21 WRWRE Pursuant To q511-68-6 Of the bode Of the Qty ot'Buffalo. the undersigned hereby m8kes VV U — nfn L i n " served to patrons aged 21 and over, 1. MA-km. n1R A PPT JC.ANT G. S T'PQ�- A T rQQ BU '75 EVENTA R EQ,!; ADD 4. NAME OF EVENT lVekoo 54 IS THIS A ONE-TIME EVENT? '(cflEcK oNt-) yEL9 -No 6, DATE 01 "ONE -TWE . EVENT 1 7. IS. THIS- A.RECLJRRUNG EVENt (CHECK ONE) YES NO 8. DATES OF -RECuR-R-Txc Fvp.mT 9, NUMBER OF PEOPLE ANTICIPATED TO ATTEND I O."START TIME AND END TIME OF EVENT RlAPT- PXTT) Revises! April 9, 2012 .... ... ... DO W N T OWN ENTP-RTAR&ffiNT DISTRICT RESTRICTED USE PERMIT APPLICATION CONTINUED 11 Detail safeguards to be undertaken to ins that all pdtrons under the age of 21 are.eas idenfiflable:, ily 12. Detail yoi r security plan for maintaining order and na din ina f'h;.z 13. How many will be on the premises the event to maintain order? 14. WILL PRIVATE SECURITY BE CONTRACTED FOP, THIS EVENTj AJO 15. IF YES NAME OF- SECURITY C ONTRACTOR /- 0 - i L!QU0XAWVf0r,1, Y 3 -1-ro V z 17. ERIE COUNTY HEALTH DEPARTMENT N0. -NT j !�k- gXLCC Under penalty of law for feline a false instrument I declare that the above st2ieWentR are true and hereby make this a LICANT"S SIGNATURE ADDRESS -77rg C AA 9'. /0, Al TELEPHONE _D�L6-V-70. 00047 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 29, 2013 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs, Division of Purchase SUBJECT: [:Permission to Contract Auction Services G G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx The Division of Purchase hereby requests permission from your honorable body to contract with Auctions International Inc. to utilize their online auction services to sell City of Buffalo surplus assets. All assets will be approved by the Common Council prior to listing the items for sale.. All items listed will not be sold below scrap value and can be listed with a reserve or opening price. Auctions International Inc will collect all proceeds from the online auction and once cleared will be forwarded to the City of Buffalo with an itemized listing of all sales. There is no cost to the City of Buffalo and a 10% Buyer's Premium will be paid to Auctions International by the buyer. Under the General Municipal Law- Section 109, the City of Buffalo municipality is entitled to sublet off of the contract generated with Erie County. The Erie County contract was awarded in August 2013 by competitive bid. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter SIGNATURE �,)A4-24 "'� - DEPARTMENT HEAD TITLE: WILLIAM L. SUNDERLIN, DIRECTOR OF PURCHASE f--- Permission to Contract Auction Services Mr. ,Smith moved: That the above item be, and the above communication from the Division of Purchase, dated August 29, 2013, be received and filed; That the Common Council hereby authorizes the Director of the Division of Purchase to enter into an agreement with Auctions International Inc. to utilize their online auction services to sell City of Buffalo surplus assets. All assets will be approved by the Common Council prior to listing the items for sale. All items listed will not be sold below scrap value and can be listed with a reserve or opening price. Auctions International Inc. will collect all proceeds from the online auction and, once cleared, will be forwarded to the City of Buffalo with an itemized listing of all sales. There is no cost to the City of Buffalo and a 10% Buyer's Premium will be paid to Auctions International by the buyer. PASSED C:1 UserslinicinskilAppDota \Lccn[WiarosoftlWindowsNiemporary Internet Files% Content .Outlook1OX32QVW6\Permission to Contract Auction Smices.doex 0-1 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] [ 2/3 - 6 ] [3/4 - 71 . . . ....... . 0 0 0 4S T- A X't—flu—, ­_ 'r _­ -r1 :T— M 7 7 7 TAMINRN EVEINT PERMITTING EN` -RY(JFP.ATRONSItiNDERAGF, 21 WHEPE Pursuant - co 4511 -68.6 of the Code of the City Of'Buffhio, the undersigned hereby makes V 1­4 PCIMMi, CUIXV ri. COT-' d 01 va served to natrons aged 21 and over- 1 wAmp, nF APPLMAWT BU of ­ n A J. EVENT ADDRES'S 'if 4. NAME OF EVENT -1 54 IS THIS A 0N EVENT? (CHECK O"h YES - NO 6. DATE OF ONFF EVP_NT Z / LT 7.. IS. THIS. A-RECURRINCTEVENT (CHECK ONE) YES NO Z 8. DATES OF REGLARRING F.VPNT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 101 START TIA4E AND END TIME OF EVE-NIT 'c"T A P T Yom UNIT) Rvd April 9, 2012 -_- _ DOWNTOWN ENTERTAINMENT DISTRICT - RESTRICTED USE PERMIT APPLICATION CONTINUED 11. Detail safeguards to be undertaken to insure that all patrons under the age of 21 are easily identifiable:. 12. Detail yotir security plan for maintaining order and patron safety during this event: &I.// 6.4 /R' .Y uwrf. Deinaa ax Off - D..L,­ - /-- .._ °// L­ 13. How many employees will be on the premises'dunng the event to maintain order'? 14, WILL PRrVATE SECURITY BE CONTRACTED FOR THIS EVENT? 15. IF YES, NAME OF , SECURITY CONTRACTOR i Ci. t�� �Jl� X �IS�.t�. ��l A l � Ll�t�::�:• A!J i Y ! Y L.i::� ; °��; i::; . _��.SQ .��.� 17. ERIE COUNTY HEALTH DEPARTMENT-LICENSE NO. / T JAk Under venalty of law for r1hn.e a false instrument I de.claire that the above sta#ementm.are. true and hereby, make this applkatiart. LICANT" S SIGNATURE ADDRESS r4l .TELEPHONE 16 ' 70. - 17R DENIED Application for Restricted Use Permit — 75 W. Chippewa Mr. Smith moved: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served is denied. Denied. CaUaers%l mcinskiS AppDat al LocalWicrosoitlWindows\Temporary Internet Fi]eA Content .Outlook10X32QVW51Application for Restricted Use Permit 75 W Chippewa,docx *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [MAJ- 5] * *� [213 - 6] [314 - 7] 0049 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the. City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME O A +, PPLICANT r / Y f 2. RESS - �ES 3. EVENT ADDRESS (if different) 4. NAME OF EVENT f S V �a✓ Za VD`s - V t S 4 - 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES 4 NO 6. DATE OF ONE -TIME EVENT --6 �• �� r 1 t `` 2 a r 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND Zo 0 10. START TIME AND END TIME OF EVENT START END 1EFE`RR W G� �1� � Revised April 9, 24 12 ON LE Q007�1'( CI OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common. Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME 0 APPLICANT Ls.._.I w)._1n -� 2. BUSINESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT n 4 r C' S 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES � No 6. DATE OF ONE -TIME EVENT d C 1 2, 7. IS THIS A RECURRING EVENT (CHECK orris) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND /J`0 r Z U O 10. START TIME AND END TIME OF EVENT START zo , END 4 ` % W 15 RPM Revised April 9, 2012 ON " fi y 1 s�� ON. .- ii CITY OF BUFFALO - OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT R. TAVERN EVENT PERMITTING ENTRY-OF PATRONS UNDER AGE 21 WHERE ALCOHOL. IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued. presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLICANT 2, BUSINESS ADDRESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT P �. 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES e NO 6. DATE OF ONE -TIME EVENT C -`0 3� 7. IS THIS A RECURRING EVENT . (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND lac. 10. START TIME AND END TIME OF EVENT START END REF IT TO TH5 COMMITTEE Revised Apri. 9,2M O N .L W TION. 00 0 51 CITY OF BUFFALO = OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511-68.6 of the Code of the City of Buffalo, the 'undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NA OF APPLICANT NA ,, ., Air /' vim,.4 /11 Az fJ 2. BUSI ADDRESS /JI/ 1 /11 1, / .9pef*w 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5.. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES e/ NO 6. DATE OF ONE -TIME EVENT 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND &0 10. START TIME AND END TIME OF EVENT START END .R FE' I ED TO THE COMMITTEE ON LEGISLATION. Revised April 9, 2012 0005 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address 329 Eric St 2113 South Park Ave 268 Main St Suite 101 242 Allen 1242 E. Lovejoy St. RECEIVED AND FILED September 3, 2013 Business Name The Hatch Pub Lori The Archer Crust Buffalo Rooftops Bar and Grill Owner's Name Rene Ann Wolasz Lori Struski Joshua Archer Elizabeth Buscaglia Annette Schlan c:7� STATE OF NEW YORK Srmtdardired NOTICE FORAM far Froiidiogu SO-Day Advance Notice to a Local Munie_ ina[ityor EXECUTIVE DEPAR &TENT o muairi 13a rd in connection with the rubinission to the Stare LiquarA:tlhorfly ofa ( heck an DIVISION OF ALCOHOLIC BEVERAGE CONTROL Er New AlDio ❑ Rene Aopiication ❑ Altera AD licati0n STATE LIQUOR AUTHORITY ❑ QoirpOfilite Chang for an On- Premises Alcoholic! Beverage License 1. Date the original copy of this Notice was mailed to the Local titurtiaipality or Community Board: ' Q. :11 2 1 0 t 2. 1 Name of the Local Municipality or Community Board C { 1' e3'�: r tkA 4 I a (_�e t 1[S t► �:� ATMFa= Rix EW EBTMO TEE AMJCANT IN CoN16B=oR W3TS T93 APPUCA39T'S LICIMAM APPLT0A'F7nN iarn$n AS ARnVia FOP TEE EsrA tst ffiT.3DE Iff THM NOTWE 3. Attorney's Full Name: is: 4. Attorney's Street Address: �. City, Town or V71age: state- zip Code: 6. SusinessTefephone Number ofAt torn}- FOR NDW MRUCANT40, PROVIDS 01s5 HS&OW UMMU .9LL 1!J1r0R1Ym'1'i W AUV W19 AM Mal F. FOR ALTERATIOX.AFFMCANTS, ATTACH CO MPLSM DFSCRiP WN AM DIAORtlbl OF ALTCRATION(S) 1*R CURMNT LICENSEES, SBT FORTH AMROUSP BMTS0I7 OF MMMTION ONLY 130 NOT UEE TES POVA TO CHAN`GRT0VR'M&'M0D 0Y' OPSRATIOO 7. I iyge(s) of alcohol sold or to be sold under the license: (`X" One) I Li Bee Only [ U Wine and Beer Only 1 1X` J Liquor, Wine and Beer 8 E_xtenc of Food Service: Restaurant (Sale of food primarily I 1 Tavern/Cocktail Lounge /Adult Venue /Bar )Alcohol sales primarily - ( °X° One) Full food menu; kitchen ru by chef) a meets le gal minimum food availability requirements) 1z Recorded Music L^, Live Music P_d Disc Jockey ❑ Juke Bole 10 Patron Dancing {Small scale) E] Karaoke Bar Type of establishment: Cabaret, Night Clab,(Large Scale Dance Club) [] Capacity or 600 or more patrons ❑ Hotel D Bed 8; Breakfast q ' (`X° all that apply) Restaurant ❑ Club (e.g. Golf /Fraternal Org.) ❑ Catering Facility Q Stage Sbaws ❑ Topless Entertainment ❑ Rec: reationaIFacOityiSportsFacility /Vessel) Licensed outdoor area: None Roof op F t n� Patio or Deck Freestanding Covered Structure Garden/Grounds 10. ( all that applyi Sidewalk Cafe ❑Other iSpecify):None 11. Is the premises located within 300' of three or more on- premises liquor cstablishments? ❑ yes No 12. Will the license holder or a manager be physically present witltin the establishment during all hours oroperalien? i'X' one) ® Yes ❑ Na 13. License serial number.' Q Exniration Bate: 14. The applicant's or license holder's full name, as it appears or will appear on the license: PA . 15. The Trade name, if any, under which the establishment conducts or will conduct business: 16. The establishment is located within the building which has the following street address: 17. City, Town, or Village: R O iT Zip Co 18. The establishment is located on the following lloorls) of the building at the above address: 14. Within the building at above address, the establishment is located within the room(s) numbered as follows: 20, Business telephone number of applicant /licensee: J Uom Business fax number of applicant /licensee: A 21. Business a -mail address or applicant /licensee: fol vk L 22. Does the applicant or license holder own the building in which the establishment is located? (`X" one) ❑ Yes (if °yes , SCilAitems 22 -23) Lzj Na OWNER OF THE BUILDING IN LVFIICH LICENSED ESTABLISHMENT IS LOCATED - 23. Building owner's full name is: Ca i C��C+ -1 O 24. Building owner's street address: I 3�. 1 Sete r 2C� Z 25. City. Town, or Village: � Zip Cade: t 26. Business telephone number of building owner: 711 I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority vyhcn granting.the license. I understand' that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the 27. By my signature, I affirm - -under PandlfT of P*4n:y— that the representations made in this rorm are true.' Pnate3 YUme ,i t r , Tiele 1 SigiW�ure r Rev 05116113 r S'1'A'1 E OF NEW YORK Standar NOTICE FORM for Providing a 30 -Day Advance Notice to a Local Municipality or EXECUTIVE DEPARTMENT Community Board in connection with thesubmission to the State Liquor- Authority of a (check one DIVISION OF ALCOHOLIC BEVERAGE CONTROL New App lication ❑ Renewal Application ❑ Alteration Application STATE LIQUOR AUTHORITY ❑ Corporate Change for an Op- Premixes Alcoholic Beverage License N p ry p 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: .. "�` it. HA 1; s e x . 2. Name of the Local Municipality or Community Board: �; e - ^,^ mm yyy•yyy _._.. y��y vL! �yy �y■p{ UKelt �.•�^§z"�':t�,S� - ,� � �• &.«L " "_ AT.,...dri ...�.. - l�+ts. _z ,...,.. " � �`�'� � ` - ^ s - <w. 3. Attorney's Full [dame !a: v - f ,� f 4, Attorney's Street Address: ' ' 3 t o f 5. City, Town or Village: Business fax number of applicant /licensee: v\ m 4�--k State: � � Zip Code: d ����^^����LLLL•���� f 6. Business Telephone Number o Attorney: i; o €i:: `",. >i -' ? =i 6 e g,....r;ta: = `;. Y ... Y .Lil`A l3la.'xl'J.O r` "_.1`l.f�l•1fr1s - ..( , _i. -. .-r.:r g -. ; :;e €s - < r : pHWl1373rk }'° , 2 ...3y�, E l� S ` ' ",Si'%Cg6. �"".` iI 1.' - °_d A�ryv �pP ^ S� k ''" w . €.....y I.i Mi9 ..,..�' - ° ✓ ° .e .M- 1.,9" ' x T �y -;f'i rt [ 7. Type(s) of alcohol sold or to be sold under the license: ( "X° One) ❑ Beer Only T C Wine and Beer Only Liquor, Wine and Beer $ Extent of Food Service: ❑ Restaurant (Sale of food primarily; I ❑ Tavern/Cocktail Lounge /Adult Venue /liar (Alcohol sales primarily - ("X One) Full food menu; Kitchen run by chef} meets legal minimum food availability requirements( Lnj Recorded Music ❑ Live Music ❑ Disc Jockey Juke Box ❑ Patron Dancing (Small scale) ❑ Karaoke Bar Type of establishment: 9' ❑ Cabaret, Night Club,(Large Scale Dance Club) ❑ Capacity of 600 or more patrons ❑ Hotel ❑ Bed & Breakfast ("X" all that apply] ❑ Restaurant ❑ Club (e.g. Golf /Fraternal Org.) ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility (Sports Facility /Vessel) None ❑ Rooftop Patio or Deck Freestanding Covered Licensed outdoor area: 10. Structure Garden /Grounds ( "X" all that a 1 PP Y) Sidewalk Cafe 90ther `� fSpecify):None tiv� (�O() I 11. Is the premises located within 500' of three or more on- premises liquor establishments? I 1 7 Yes NO 12, Will the license holder or a manager be physically present within the establishment during all hours of operation? ("X° one) yes ❑ No 13. License serial number: N A Expiration Date: 14. The applicant's or license holder's full name, as it appears or will appear on the license: ' j + ® r 15. The Trade name, if any, under which the establishment conducts or will conduct business: po'_ - �� f 16. The establishment is located within the building which has the following street address: /A ^ n l.1 b L I fi• ( W I7. City, Town, or Village: V 1Y Zip Code: I 18. The establishment is located on the following floor(s) of the building at the above address: A OY - W S 19. Within the building at the above address, the establishment is located within the room(n) numbered as follows: 1 ,s4� Ivor _ (;a_ K-a a a- 20. Business telephone number of applicant /licensee: Cam( Business fax number of applicant /licensee: v\ 21. Business a -mail address of applicant /licensee: L 5 Kj� ,:� mc} , `, c vm 22. Does the applicant or license holder own the building in which the establishment is located? ( "X" one) ❑ yes (If "Yes SKIP items 22 -25) Nu 23. Building owner's full name is: � C"A 24. Building owner's street address: C7 I so C. 25. City, Town, or Village: 8 ;W Zip Code: t, 26. Business telephone number o€ building owner: 6 r I � [1 j 27. �g t�d Name Lori L f Title I,1 Rev 05/16/13 J STA'T'E OF NE W YORK Siamdardked 'l jC .FQkW1 for Prenktlr�� x �.- r AdXHUCC Nflft to n L m tla w lm li, 14 -- EXECU i tVly tTEPA H t`§l'tENT CAMMUHY U09 rt€ Ormeahon with 14 submiWon ro the State L11wr Authur4p ofa j k n DIVISICN OFALCOHOLIC BE3VERAANE CONTROL 111e�v ��tn iiCa� i tM � ]3etrti►Y�lfi �� ;�gt � ® dj t�►�1T011 A nl}Ca snit STATE L!QVOR ,AI Tt#oltlT 4` _ CQEM(9ChI for an M- Prcreim Akoholk Haveraga l.icoiae t. €late tlaa origiaud copy of this Notioc wa Trailed to the Local &4unt6pah y or C'ommurrlty f3aard: �i 2 4 '3, Name, of the Local MimicipkHty or t`.ammrtnity Board: . d. Attorn.q?& NII Name fa; CT reenan Law I ice F I eic ' +k t S! ��Yv cl vj 4. Attorney's met Address: 37'55 Seneca S treet _ - 5. City, Town or Village: We8t Seneca $talc: NY Zip Coda: 1 4224 &, Busirreas'Telephone Number of.Att -maey° 7. Type(s) of aicoix+l sold or to be sotd under the Itcani ( "h t3xiei Beer Clsily Wine and Beer dory Litluor,l'linc arilcer 8 Extcrat of Pood. fiervices & Rcaxaalaur ( ale f otaac lArx,cieri€y; TkvevA/Cacicta[€ Lariattge /Adult Venttej£+ttr jAleohol sales ]rriwarJly (« caxael .i food raecnz; i{itetrcn run by r „ rooms legof ntin'mum Cnntt avatlawity yrquimmeatn (� Recorded. Muso l.ier mu£d�T]isC JOakcy° .liske Flrnc � Patron. t ancing (said, scale] 14tva3nke Bar [ype of ea� ublishmenti 11 C &h -^c'; Bteal =.nr33a pFU o *zs � lintel � Eird.11i c[ast rZI 5 fah aft that apply} Reo;aamcii i<h:k le.,-. GCrlf /T7txa;v�!:31 teal".) f d_av"log f`a§c' ? #tY � stngeShotva � 1bplxa)& Et'ifeitair)nsant Y- .V..�.. --._ Iir.CTea3 l ;wj)nit;s F'lrc3lity /�di;gtrS }� 10. Lied &-A outdoor iuvaz horse � Raial�rp x or Deck. � I'mostanding4'ovcTodStrscaiure GsrdeirjCraurids I -V all that ripply) 8idewallc Cat.'o Otli (Sper df:Nni),_ 1I, is the premieres located svi"n S00' ofthrec ar mnrc ar premises Ir oar e�latrl) tueF,t a d _. _ _u ., .._. �.._. ...�.,F__ .....................� _ Yee No 12. 1 Will the lfarmse holder or a nmvua �, i r,�hv aa31y are�tat s ri:in e ,: api r ex meat -, : a rri afn} c »nr gn? fX anrJ _ x L P Yea NO 13. License aerie] number: Tic :C X13 _ ,,�plratifln Bate; not a pp l icable 14. The applicauCs or lioaut: fkvldur'ts raIlIvuis 05 ft app= ac I-la gyp: §rho mzt the ,icrx-:u: �_.. Arc (er Hospitality LLC 1;5. The Trade name; if any, under which the establishmatnf caOueta Or wiid cor:dctct btlhliteas, r1� Archer 16, Tha cstabliahmcnt is locett Atkin the build54 uxiAo a has tht f lltow ng a#reet - .wdres:�c G ...VL3 Main Street - Suite 10 1 17. city, Sri, or vlalage; B uffalo NY Zfp Cede: 14202 113. the e- ambllahment io located on the foll7,idna floor(a) of the belldhig tat aat;rl, t. "t First Floor and Upper Bal�i1y 14. Within the budding at the abollo addyn ", fhc; csttrtalis?ux r v la -ln cr,€ u t1t•: roar rt tat q,=)Tqhcretl aaf4lfrsttg: Suite 1 0 1 44. Ciaslaasa tc] egrhapas rirtmiaer of 5 1 524- o! )se number ai i ;>pSicailtJlitOnacr: no 2i, jsttetrteeve- mai[addmuaotnpplicazrt /3fcrusee Chefia orn - 21 ) Daft flee applk4 nt or Ittenw. holder r §wb the 1)uilding in which the raLiuliahaserat sak inealed? r X one) 191 1 T,. _ �11 Xea (It Ice, SkIP RmV ar 22 -25) [ '* I No 23, FWAdltxgogmada fun nnoais; Ma and C ;`.LC Anthony 7.. 13uildirsg as ti 'a sfrcret ndrlaaan: 1 298 Main .Street - Sui 222 25, City. Town, to VM*e: j U a o 6, (3asa[noa te7ephane ixumher ai lrulld#ng osusur: Y i" 5 , Managing Member N I &P Code. t 4zvz 7 2?. 04 71 .1 Jo shua L. A rcher 1 �_ l��lsmbar 7 Pev 05/ lei 13 GREENAN LAW OFFICE 3755 SENECA STREET P.O. Box 188 WEST SENECA, NEW YORK 14224- -0188 (716) 675 -6111 Fax No. (716) 674 -2597 GERALD J. GREENANJR TIMOTHY J. GREENAN MARGARET GREENAN BEBAK August 20, 2013 City of Buffalo Office of the City Clerk. 1308 City Hall Buffalo, New York 14202 Re: Liquor License Application Archer Hospitality LLC Dear Sir or Madam: GERALD J. GREENAN III JOSEPH D. GREENAN I enclose a notice regarding a new application for Archer Hospitality LLC for property located at 268 Main Street, Buffalo, New York. The New York State Liquor Authority requires that this notice be sent to you prior to the ding of a new liquor license application. Very Truly Yours, Timothy J. Greenan N STATE OF NEW YORK Standardized NOTICE FORM for Providing a 30 Advance Notice to a Local MunioRattty or EXECUTIVE DEPARTMENT Community Board in connection with the submission to the State Liquor Authority ofa {check are DIVISION OF ALCOHOLIC BEVERAGE CONTROL P9 New Application ❑ Renewal Application E] Alteration Auplication STATE LIQUOR AUTHORITY El Corp orateChau e for an On- Preinises Alcoholic Beverage License way �mm w n 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: THIS 30-DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF.1 FpI LOWI1iG LOCAL MUNICIPALITY OR CbMMUN[TY BOARD 2. 1 Name of the Local Munici r pality or Community Board: U ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'$ LICENSE APPLICATION NOTED AR AROVF roR. TaR F'ISTA1%Vr_QUM W MRXT IFTF_n iN TtV,-z ViYrir r FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL INFORMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATIONS) . - FOR CURRENT LICENSEES, $ET. FORTH APPROVED METHOD OF OPERATION ONLY DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION 7. 3. Attorney's Full Name is: W . VN Wine and Beer Only 4. Attorney's Street Address: P LAU Extent of Food Servlcc: 5. City, Town or Village: Tavern/Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - State: NV Zip Code: ,O 6. Business Telephone Number of Attorney: , ■ FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL INFORMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATIONS) . - FOR CURRENT LICENSEES, $ET. FORTH APPROVED METHOD OF OPERATION ONLY DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION 7. Type(s) of alcohol sold or to be sold under the license: ("X" One) Li Beer Only VN Wine and Beer Only a Liquor, Wine and Beer S Extent of Food Servlcc: Restaurant (Sale of food primarily; Tavern/Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - pc One) Mill fo od menu; Kitchen run by chef) meets legal minimum food availability requirements) Recorded Music ❑ Live Music ❑ Disc Jockey ❑ Juke Box ❑ Patron Dancing {Small scale) ❑ Karaoke Bar ❑ Cabaret, Night Club, (Large Scale Dance Club) ❑ Capacity of 600 or more ❑ Hotel ❑ Bed & Breakfast 9 ' Type of establishment' patrons ("X° all that apply) VN Restaurant ❑ Club (e.g. GoWFraternal Org.) ❑ Catering Facility ❑ Stage Shows ❑ Tapless Entertainment Recreational Facility jSports Facility /Vessel) 10. Licensed outdoor area: None Rooftop Patio or Deck ❑ Freestanding Covered Structure Garden /Grounds (W all that apply) ❑ ❑Other Sidewalk Cafe (Specify):None k 1. Is the premises located within 500' of three or more un- premises liquor establishments? Yes ❑ No 12. Will the license holder or a manager be physically present within the establishment during all hours of operation? M one) W Yes ❑ No 13. 1 License serial number: Ar21 j, tjI Expiration Date: CL ll/! 14. The applicant's or license holder's full name, as it appears or will appear on the license: p (] Mi i 15. The Trade name, if any, under which the establishment conducts or will conduct business: I.�V 16. The establishment is located within the building which has the following street address: A et 17. City, Town, or Village: 18 ru v Ztp Code: 18. The establishment is located on the following floor(S) of the building at the above address: 19. Within the building at the above address, the establishment is located� the room(s) numbered as follows: IN 20. Business telephone number of applicant /licensee: 7 Business fax number of applicant/ licensee: 21. Business a -mail address of applicant /licensee: Q V CON 22. Does the applicant or license holder own the building in which the establishment is located? (W one) ❑ Yes (If "Yes SKIP items 22 -25) No OWNER OF THE BUILDING IN WHICH THE LICENSED. ESTABLFSHMONT IS LOCATED 23. 1 Building owner's full names: 24. Building owner's street address; (y JI 4 25, City, Tawas, or Village: Zip Cade: 26. Business telephone number of building owner: I am the applicant or hold the license or am a principal of the legal entity that Bolds or is. applying for the license. Representations in this form are inconformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relicd.upon; and that false representations may result in disapproval of the application or revocation of the license. 27, By.my signature, I affirm - under Ponaltq -uf Perjury that the representations made in:thie form are.true. PAmted Name ntle S' ahue k, ; 1 )P MOILAReD X Rev OS/ 16/ 13 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL, STATE LIQUOR AUTHORITY \ 1 Standardized NOTICE FORM .for Providing R 30 -Day Advance Notice to a Local Munid ality or CommunityBoard in connectiwt with the submission to the State Liquor Authority of a (cheek one _ew_Application ❑ Renewal Application ❑ Alteration Application ❑ Corporate Change for an On- Premises Alcoholic Beverage License L Date the original copy of this Notice was mailed to the Local Municipality or Community Board: 2 0 THIS 30 -DAY ADVAHCE;HOTICE 18 BEING PROVMZD TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY BOARD 2. Name of the Local Municipality or Community Board: I a- D / =:- ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S LICENSE APPLICATION NOTED AS ABO FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 3. Attorneys Full Name (s: / Z> 4 � / Z ` C Attorney's Street Address: / xC , 5. city, Town or Village: G�FA� State: t Zip Code: f 6. Business Telephone Number of Attorney: 52`& �. 0 FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL INFORMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION(S) FOR CURRENT LICENSEES, SET FORTH APPROVED METHOD OF OPERATION ONLY DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION - 7. Types: of alcohol sold or to be sold under the license: ( "X" One) ❑ Beer Only ❑ Wine and Beer Only Liquor, Wine and Beer 8 Extent of food Service: �f Restaurant (Sale of food primarily; Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - ( "X° One) L1 Full food menu; kitchen run by chef) meets legal minimum food availability requirements) ❑ Recorded Music ❑ Live Music ❑ Disc Jockey Juke Box 1:1 Patron Dancing (Small scale) 1:1 Iiamoke Bar ❑ Cabaret, Night Club,(Large Scale Dance Club} ❑ Capacity of 600 or more patrons ❑ HoteI ❑ Bed & Breakfast 9. Type of establishment: { "X" all that apply) ❑ Restaurant ❑ Club (e.g. Golf /Fraternal Org.) Catering Facilitt Stage Shows 0 Topless Entertainment ❑ Recreational Facility (Sports Facility /VesscI) fvjq ❑ None ❑ Rooftop ❑ Patio or Deck ❑ Freestanding Covered Structure Garden /Grounds 10 ' Licensed outdoor area: ( "X° all that apply) ❑ ❑Other Sidewalk Calt (Specify):None 11. Is the premises located within 500' of three or more on- premises liquor establishments? ❑ Yes No I2. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( "X" one) 91 Yes MM MM.. - -11 ❑ No 13. License serial number: / �t Expiration Date: 14. The applicant's or license holder's full name, as it appears or will appear on the license: r 0 z 4 C_ 15. The Trade name, if any, under which the establishment conducts or will conduct business: /G O D P X 16. The establishment is located within the building which has the following street address: 17. City, Town, or Village: [I� �4 - 0 NY Zip Code: / •7 ,� 6 18. The establishment is located on the following floor(sl of the building at the above address: 14. Within the building ai Lhc above address, the establishment is located withilt the rooms) numbered as follows: 20. Business telephone number of applicant /licensee: /`_Q Z ZIP? G Business W fax number of applicant /licensee: 21. Business e-mail address of applicant/ licensee: 22. Does the applicant or license holder own the building in which the establishment is located? ("X" one) ❑ Yes (11 "Yes", SKIP items 22 -251 No OWNER OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT IS LOCATED 23. Building owner's full name is: X�` r✓� /h D2 J )V ; / 4 24. Building owner's street address: /2- 2— 25. City, Town, or Village: vim- rate zip Code: 2,6 26. Business telephone number of building owner: - Q 11 V 6 1-7 1�4_ I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in confor6ity.v rith : - representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be ' relied upon, and that false representations may result in disapproval of the application or revocation of the license. 27 By my signature, 1 affirm - under Penalty of Perjury - that the representations made in this form are true. Printed [Name Nook. 4, . sco Title d_ 'nature I X Red 05/16/13 0005 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: x Mayor /Mayor Executive Citizen Services Allison O'Leary Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. LU September 3, 2013 U� COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 21, 2013 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Maternity leave for Allison O'LeaN Account Clerk Typist, Allison O'Leary assigned to the Division of Citizen Services has been granted a maternity leave for sax (6) months commencing August 9, 2013 through February 9, 2014 per section 11.3 of the Collective Bargaining Agreement between the City of Buffalo and AFSCME Local 650. Department Head Name: Title: Signature of Department H 0005.E d�' m 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 September 3, 2013 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE July 17, 2013 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 July 17, 2013, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: John D. Kennedy Sr., Vice Chairman DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 4, 00Q5r No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. September 3, 2013 s #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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: August 24, 2013 in the Department of Common Council Division of Masten Council District to the Position of Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSIF Fn Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE 1774 NAME Malika Lee LAST DEPARTMENT Common Council DATE 2013 ADDRESS 48 Freund Street LAST SALARY $8.00 CITY & ZIP Buffalo 14211 LAST 4 DIGITS O F SSN. XXX -XX -6772 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5400 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Augupt 24, 2013 WjjFXjAIF"fj57 ME ORIGINAL + 2 L:UFIt5 I U: UI I r I-LtMRr tUNMLrVKt= HrrUiry I IVILN i_ 0A.1 tj OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) 0005") Certificate of Appointment In compliance with provisions of Section 24.2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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: August 8, 2013 in the Department of Common Council Division of South Council District to the Position of Sr. Legislative Assistant to Common Council /Councilmember Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIF Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 46,083 LAST JOB TITLE 2690 NAME Margaret Sperber LAST DEPARTMENT Common Council DATE 2013 ADDRESS 84 Hansen Lwr Right LAST SALARY 36,242 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX -6416 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- rCKrn TC) T'-" - -- BUDGET ORG. CODE 10112001 TITLE CODE NO 3699 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5406 SALARY RANGE OF POSITION $46,083 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: ADOPTED NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: August 8, 201 SIGNATURE OF APPOINTING AUTHORITY: _ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) ® 0 0 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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: August 14, 2013 in the Department of Common Council Division of Delaware Council District to the Position of Legislative Assistant to Councilmember Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 41,163 LAST JOB TITLE 2690 NAME Alyssa Weiss LAST DEPARTMENT Common Council DATE 2013 ADDRESS 227 Norwood Avenue, LR LAST SALARY 36,242 CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX -)(X-2198 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAS 4 DI OF SSN. XXX -XX- BUDGET ORG. CODE 10105001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION $41,163 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 3580 PERSONNEL REQ. NO 5413 PER YEAR DAY HOUR HOUR NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEE(S) 1 Gerald A. Chwalinski City Clerk 00059 D No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. September 3, 2013 44 (Rev 7 -07) Certificate of Appointment hi compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, t transmit this certification of appointment(s) or promotion(s). l 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 Division of to the Position of W 14 Public Works, Parks & Streets Buildings Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) I✓ (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN, XXX -XX- NAME ADDRESS CITY & ZIP Eddie Rainey 77 Rlchlawn Buffalo 14215 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13234001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -32 SALARY RANGE OF POSITION 12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 7119113 SIGNATURE OF APPOINTING AUTHORITY: 0' ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) #4 (Rev 7 -07) 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, 1 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: in the Department of Division of to the Position of Public Works, Parks & Streets Engineering Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEAS Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Willie Baxtron DATE ADDRESS 311 May St. CITY & ZIP Buffalo 14211 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 13111001 TITLE CODE NO 9624 BUDGET ACCT. 0BJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -23 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 7130113 ORIGINAL + 2 COPIES TO: CITY-CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment � In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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 Division of to the Position of 4z. I-) Public Works, Parks & Streets Streets Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SAL Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Sherrad Bennard Jr. LAST DEPARTMENT DATE ADDRESS 176 Jewett LAST SALARY CITY & ZIP Buffalo14214 LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - SALARY RANGE OF POSITION 12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J Stepniak TITLE OF APPOINTING. AUTHORITY: T% Commissioner DATE: 7131113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment P - 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 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: in the Department of Division of to the Position of 7131113 Audit and Control Comptroller's Office Intern (Part-time) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Nicholas Sam DATE ADDRESS 68 Colonial Circle CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX -3167 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 10442002 TITLE CODE NO 1482 BUDGET ACCT. OBJ. 412001 PROJ. ID PERSONNEL REQ. NO 5407 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Anne Forti - Sciarrino Deputy Comptroller 7131113 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #6- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo. I transmit this certification of appointment(s) or 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 Division of to the Position of 811!13 Audit and Control Comptroller's Office Intern (Part -time) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASS Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Madeline M. Reid DATE ADDRESS 120 Coolidge Rd. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6509 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 10442002 TITLE CODE NO 1482 BUDGET ACCT. OBJ. 412001 PROD. ID PERSONNEL REQ. NO 5407 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Ann Forti- Sciarrino Deputy Comptroller 811113 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATA OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE 5 000 �-;() P� 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, September 3, 2013 #4 (Rev 7 -07) Certificate of Appointment a� 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) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 7/2-9/1-5 Public Works, Parks & Streets Water Maintenance Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) 12-58 AAhlC1UT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 33,389 LAST JOB TITLE NAME Mark Painzica LAST DEPARTMENT DATE ADDRESS 1563 Hertel Ave. LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- 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 53003711 TITLE CODE NO 4730 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -195 SALARY RANGE OF POSITION $33,389 - $38,241 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 7119113 SIGNATURE OF APPOINTING AUTHORITY: C• ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment Pk In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I 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: 0 Zt' I - 3 in the Department of Public Works, Parks & Streets Division of Water to the Position of Assistant Water Distribution Superintendent Permanent, Provisional, Temporary, Seasonal, Exempt, Unciassified (Insert one) - RA4RW Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 50,1$3 LAST JOB TITLE Caulker Supervisor I NAME Izydor Karbowski LAST DEPARTMENT Water DATE 7113 ADDRESS 216 Rebecca Pkwy. LAST SALARY $43,605 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 53003721 TITLE CODE NO 4771 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2013 -012 SALARY RANGE OF POSITION $ 50,183 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 7130113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY - CLERIC (ON/BE=FORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESOCIVIL SERVICE #5- B. _ UDGET . #6- DEPARTMENT #7- DIVISION #S- EMPLOYEE(S) 9 -13V NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS September 3, 2013 5' R 0 (,) 0 PALO- 15TK4 - 1 0e STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE OFFICE OF REAL PROPERTY TAX S Thomas H. M. gttnx WESTERN REGIONAL OFFICE Commissioner of GENT-SEE COUNTY BUILDING NQ. 2 3837 W EST MAIN STREET ROAD Taxation and Finance BATAYIA, NEW YORK 14020 Tel: (585) 343 -4363 r;ix (585) 343 -974Q www.tax.11y.gov August 13 2013 Mr. Rasheed N.C. Wyatt,. Chief of Staff Buffalo Common Council Room 1413 City Hat Buffalo, NY 14202 Dear Mr. Wyatt: Susan Savage Assistantpeputy Commissioner for Real P'ropeny Tax 5erdices Cbristiue Bannister Regional Director Western Region Office of Real Property Tax Services I and writing to r equest pe rm is sion to make a brief (15 -20 m inute) presentation to the B Common Council about the new registration program, for the Basic STAR exemption._ State legislation was passed this year requiring all homeowners receiving the Basic STAR property tax exemption to register with.the NYS Department of Taxation and Finance to retain their exemption for 2014. Within the next few weeks, homeowner,$ in Western NY will be receiving nail that will explain how to register for STAR. In addition to these direct mailings to.taxpayers; we would like to meet with county legislative bodies city councils, and town boards to explain the registration process and encourage taxpayer response. We believe a presentation will help increase public awareness of the new requirement and provide background information to members of the Common Council who may receive questions .froin their constituents,, We would; like to do these meetings in late August .or in September to: coincide with the mailing to taxpayers. Please: let ine know the. earliest date we can appear on the Common Council's agenda. You may contact the at (5115)343 =4363 with any questions. Sincerely, W/2 .:s?� Christine L. Bannister Regional Director, Wester Region REFERRED TO THE COMMITTEE ON FINANCE. 0 00V To Whom It May Concern, July 29, 2013 C f ),24 7 1 t) - F C K I am requesting to the City of Buffalo to purchase a computer from MIS Department. The computer I would like to purchase is City ID #5230, Serial #BFX- 9DF143 and Audit #055564 at the price of $30.00. Thank You, Karen A. Brant Print Shop, Mail & Supplies Supervisor 851 -5910 REFERRED TO THE COMMITTEE OIL FINANCE. P, MONTHLY WATER BOARD REPORT Buffalo Water Board Chairperson: Oluwole McFoy Member: Gerald E. Kelly f. - Member: William L. Sunderlin Member: Michael Finn City of Buffalo Steven Stepniak Commissioner ofPublic Works, Parks & Streets Contract Year 4 July 2013 RECEIVED AND FILED 0, 0 0 6 4 e Memorandum o: Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider August 6, 2013 Board Packet Documents d are the following documents from the Joint Schools Construction Board meeting scheduled on 5,2013 1. Agenda 2. Meeting Minutes from JSCB Meeting dated June 3, 2013 — Revised and July 15, 2013 — Rescheduled Date 3. Fully Executed Phase III Application and Certificate for Payment No. 60 — June 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 43— June 2013 5. Phase III Application and Certificate for Payment No. 61— July 2013 6. Phase V Application and Certificate for Payment No. 44 — July 2013 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project — June 2013 9. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V — June 2013 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION I ll P. r July 26, 2013 The Honorable Richard A. Fontana Council President City of Buffalo Common Council 65 Niagara Square 1315 City Hall Buffalo, NY 14202 Dear Council President Fontana: 0006) nl�5 r6A_) S u TO Chris Mueller Director, Government Relations -'1 (JA ,) 67 f\, As a follow -up to your questions from the July 16 Legislative Committee meeting, please find below the answers to the questions you asked during the meeting. C� - How many customers have a TV with a digital tuner in it? TWC Response: TWC is unable to ascertain the number of customers that have a TV with a digital tuner in it. However, virtually all new TV's have a digital or QAM Tuner. A television with a digital tuner will be able to receive the PEG channels without the need for a digital set top box, a DA or a CableCARD. If a customer is not aware if their TV includes a digital tuner, they can consult the owner's manual for that television set for that information or they can contact the manufacturer directly. City - How many homes in the City of Buffalo have set top box in their homes? TWC Response: Close to 80% of Time Warner Cable customers in the city of Buffalo have a set top box in their home. City — What is the standard penetration rate for the City of Buffalo? TWC Response: Approximately 13% of our video customers in the City of Buffalo take the Basic & Standard level of service only. Some of these customers may have a digital box for additional services. C_ ity — What is the basic penetration rate for the City of Buffalo? TWC Response: Approximately 10% of our video customers in the City of Buffalo take the Basic level of service only. Some of these customers may have a digital box for additional services. C� — Would TWC be willing to waive the S.99 fee for the DA's that is scheduled to go into effect on 111115? TWC Response: We do not plan to waive the $.99 cent fee. Cam What is the cost of the standard installation charge for a customer who would like to have TWC install the DA? TWC Response: $39.99 If you have any other questions or concerns, please feel free to contact me via e-mail at ch "is.mriel €er i�twcable.coi7, or by phone at 585 - 756 -1326. Sincerely, Chris Mueller Director, Government Relations Time Warner Cable — Western New York REFERRED T THE COMMITTEE ON L 71 Mt. Hope Avenue, Rochester, NY 14620 fA f �o r Att 0006 � UNITED STATES AOST/2L SERVICE August 22, 2013. Buffalo Common Council 1308 City Hall Buffalo NY 14202 1 , q.L 5 Z 151. ]n® VR L. (2 Dear Buffalo Common Council: We are in receipt of the letter, dated July 24, 2013, from Mr. Mark Jaskula regarding collection box removal in the Buffalo area. Included with the letter was the Common Council resolution, titled "US Post Office Removal of Postal Mail Boxes (F'rankczyk) CCP #117, July 23, 2013" ( "Resolution "). Thank you for the opportunity to respond. In the Resolution, the Common Council requests that the United States Postal Service ( "Postal Service ") report on why the collection box located at the corner of Clinton and Emslie Streets was removed along with nine other boxes located on Buffalo's Eastside and how these removals enhance.the mail service of Buffalonians. Additionally, the Common Council requests that the Postal Service provide it with.a list of how many boxes have been removed (or will be removed) from Buffalo's neighborhoods and report on how [many] boxes and their locations will be left remaining in the city. The Postal Service continues to look at all operations in an effort to improve efficiencies and react to changes in customer habits. Collection. box usage is just one item evaluated. When a collection box consistently receives very small amounts of mail, it costs the Postal Service money in fuel and work hours for letter carriers to drive to the mailbox and collect the mail. This could prompt a collection box being removed. Pursuant to Postal Operations Manual § 315.4, a density test should be conducted if a collection box receives less than 25 pieces per day to determine whether it should be retained. If the box averages less than 25 pieces per day over a two week time period, the postmaster or district considers other factors such as the type of mail collected, proximity of other publicly accessible collection points and the needs of customers in the vicinity of the box before making a decision to either retain, relocate or remove the collection box.. If a box is slated for relocation or removal, a 30 -day notice is posted on the box alerting customers about the proposed action and advising customers about the location(s) and collection schedule(s) for other collection points in the vicinity. A phone number also is provided for customers to call to voice their concerns. At the end of the 30 days, customer responses are considered before removal is finalized. M "Z * In this case, the volume in the collection box on the corner of Clinton and Emslie Streets was monitored for 18 days during March of 2013. The average daily volume collected was 8 pieces, which is well under the 25 -piece threshold. A notice was posted on the collection box on May 27, 2013; we received no feedback from customers advocating for the retention of this box. The type of mail collected, proximity of other publicly accessible collection points and the needs of the customers in this area was also considered. Based on an analysis of all of these factors, there was not enough evidence to support retaining the collection box on Clinton and Emslie Streets. The Buffalo delivery area has approximately 760 collection boxes. In the last year, 18 have been removed through the entire service area. Some of the collection box removals were from locations with multiple boxes. While we do not provide complete lists of collection box locations, the information is available at www.usps.com under "Find LISPS locations." The overall decline in collection box mail is directly related to the migration of First Class Mail from hard copy to electronic delivery. It is occurring on every corner across the country, including the city of Buffalo and the Eastside. The Postal Service understands how this can affect communities such as Buffalo. However, please keep in mind that customers can provide feedback in the collection box evaluation process before a decision to remove or relocate a collection box is final. Customers also always have the option of placing their outgoing mail in their home mailbox for retrieval by their carrier. The U.S. Postal Service is a self - supporting agency that funds its operations from revenue generated by the sales of products and services — not by taxpayer subsidies. The Postal Service experienced a financial loss in last fiscal year and that trend is continuing with the continued decline in mail volume. As a result, like many American businesses, we are taking aggressive steps to cut costs while increasing efficiency. We will continue to monitor our collection box process to ensure every consideration is made before changes occur. Any additional questions or concerns can be directed to my office via mail or phone at (716) 846 -2401. Sincerely, MARTIN SIMINSKI OFFICER IN CHARGE BUFFALO i16 ti U l} tI REFERRED TO THE COMMITTEE ON LEGISLATION. T1 0006 M '�•�•r•�• M M • iii i N H O C M M , S YX IA 056 © 6� ) C pL<'14 1GAL tv6AP Thursday 29 August 2013 Order Paper No.39: Part 1 SUMMARY AGE 2.30ptn Afterwards Until any hour Up to six hours or till 10pm, whichever is later :NDA: CHAMBER Prayers Urgent Questions, Ministerial Statements (if any) Business of the House (Motion) Syria and the use of chemical weapons (Motion) // �4i� PART 1: BUSINESS TODAY 3 Chamber 6 Committees meeting today Notes: Items marked [R] indicates that a Member has declared a relevant interest. 10 Tal UR IWNTQt.I STIf3N'S,ANMSTAT tll i " N . 2.30pm ■ Urgent Questions (if any) ■ Ministerial Statements (if any) BUSINESS 017 TFIf DAB , 1. BUSINESS OF THE HOUSE Until any hour (Standing Order No. 9(6)) The Prime Minister That, at this day's sitting, the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of the Prime Minister relating to Syria and the Use of Chemical Weapons not later than 10pm or six hours after their commencement, whichever is the later; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply. ,lZIIOT lb - h rt0E AlIrl1[-AT S.M _.... _ n ■ BUSINESS OF THE HOUSE No debate (Standing Orders No. 15 and No. 41A(3)) The Prime Minister That, at this day's sitting, the Business of the House motion in the name of the Prime Minister may be proceeded with, though opposed, until any hour; and Standing Order No. 41A (Deferred divisions) will not apply. BU51NE55.() THE DA Y 2. SYRIA AND THE USE OF CHEMICAL WEAPONS The Prime Minister The Deputy Prime Minister Secretary William Hague Secretary Theresa May Secretary Philip Hammond Mr Dominic Greive That this House: Deplores the use of chemical weapons in Syria on 21 August 2093 by the Assad regime, which caused hundreds of deaths and thousands of injuries of Syrian civilians; Recalls the importance of upholding the worldwide prohibition on the use of chemical weapons under international law; Agrees that a strong humanitarian response is required from the international community and that this may, if necessary, require military action that is legal, proportionate and focused on saving lives by preventing and deterring further use of Syria's chemical weapons; 10 Notes the failure of the United Nations Security Council over the last two years to take united action in response to the Syrian crisis; Notes that the use of chemical weapons is a war crime under customary law and a crime against humanity, and that the principle of humanitarian intervention provides a sound legal basis for taking action; 15 Notes the wide international support for such a response, including the statement from the United Nations Security Council, to "overcome internal disagreements and take action against those who committed this crime, for which the Syrian regime is responsible "; Believes, in spite of the difficulties at the United Nations, that a United Nations process 20 must be followed as far as possible to ensure the maximum legitimacy for any such action; Therefore welcomes the work of the United Nations investigating team currently in Damascus, and, whilst noting that the team's mandate is to confirm whether chemical weapons were used and not to apportion blame, agrees that the United Nations 25 Secretary General should ensure a briefing to the United Nations Security Council immediately upon the completion of the team's initial mission; Believes that the United Nations Security Council must have the opportunity immediately to consider that briefing and that every effort should be made to secure a Security Council Resolution backing military action before any such action is taken, and notes that 30 before any direct British involvement in such action a further vote of the House of Commons will take place; and Notes that this Resolution relates solely to efforts to alleviate humanitarian suffering by deterring use of chemical weapons and does not sanction any action in Syria with wider objectives. Amendment (a) Caroline Lucas Paul Flynn Jeremy Corbyn Mr Elfyn Llwyd Jonathan Edwards Hywel Williams Line 1, leave out from 'House' to end and add 'deplores the chemical weapons attacks and appalling loss of life in Syria; notes that the reports of weapons inspectors in Syria are yet to be published, and that there is no UN authorisation for military action; regrets that the Attorney General's advice on the legality of military action has not been made available to hon. Members; calls for refugees from the Syrian conflict to be fully assisted and supported; and believes that the case for military action against Syria has not been established.'. Relevant documents: Oral evidence taken before the Foreign Affairs Committee on 16 July 2013, on Developments in UK Foreign Policy, HC 26$ -i. Notes: Proceedings may continue until 10.00pm or for six hours, if the Business of the House Motion is agreed to. . ........ . . 7 COMMITTEES MEETING TODAY The decision of a Committee to sit in public may be changed without notice. SELECT COMMITTIwES ■ Political and Constitutional Reform Subject: The Government's Lobbying Bill Witnesses: fain Anderson, Deputy Chair, Association of Professional Political Consultants, Jane Wilson, Chief Executive, Chartered Institute of Public Relations, Frances Ingham, Chief Executive, Public Relations Consultants Association, and George Kidd, Acting Chair, UK Public Affairs Council; Tamasin Cave, Spinwatch /Alliance for Lobbying Transparency, and Alexandra Runswick, Unlock Democracy (at 11.30am). The Wilson Room, Portcullis House 9.45am (private), 10.00am (public) ■ Political and Constitutional Reform Subject: The Government's Lobbying Bill Witnesses: Nigel Stanley, Head of Campaigns and Communications, Trades Union Congress; Karl Wilding, Director of Public Policy, National Council for Voluntary Organisations (at 2.30pm); Rt Hon Kevin Barron MP (at 3.00pm). The Wilson Room, Portcullis House 1.45pm (private), 2.00pm (public) RECEIVED AND FILES] 00068 Subject: Sidewalks at property located at 68 Memorial Drive Buffalo, NY. To'whom it may concern: am writing about the sidewalks located at the property above posing a safety issue to people walking. The sidewalks have become raised to about 5 inches high. If possible someone needs to come out and address this issue. Please let me know what can be done to solve this issue in a timely manner. E7 Sincerely, E�Ke �sze�e<us�a' REFERRED TO THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS co '�l Wd ;� 0I - 1v EI0Y JiI' �I J . • � Site Name: 275 Franklin Street July 2013 DEC Site #: C915208 Site Address: 275 Franklin Street; Buffalo, NY 14202 Have questions? See Who W Contact. below 275 Franklin Street Update: Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 275 Franklin Street site ( "site ") located at 275 Franklin Street, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site poses a significant threat to public health or the environment due to elevated concentrations of contaminants in groundwater, soil, and soil vapor. The activities in the report have been designed to address the identified contamination and the threat posed. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from July 29, 2013 through September 12, 2013. The proposed plan is available for public review at the location identified below under Where to Find Information. Please submit comments to the DEC project manager listed under Project Related Questions in the Who to Contact area below. Draft Remedial Work Plan and Proposed Decision Document The cleanup plan is described in DEC's Proposed Decision Document, which is based on a more detailed "Remedial Work Plan ". The proposed remedy consists of. 1. SITE COVER A site cover currently exists (asphalt) and will be maintained to allow for continued restricted residential use of the site until future redevelopment plans are implemented. Because the multi -use zoning district allows restricted residential use, any site redevelopment will maintain a site cover, which may consist either of the structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper two foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where a soil cover is required, it will be a minimum of two foot, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for restricted residential use. The soil cover will be placed over a demarcation layer, with the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375- 6.7(d). M o M 00069 i New York State Department of Environmental Conservation 2A" 2. ENHANCED SHALLOW GROUNDWATER BIOREMEDIATION In -situ shallow groundwater treatment of the highest residual VOC contaminated shallow groundwater in the immediate vicinity of MW -5 (residual source area) through enhanced natural attenuation of chlorinated VOCs (PCE and its breakdown products) is proposed for site C915208 residual source only. The biological breakdown of contaminants through anaerobic reductive dechlorination will be enhanced by a combination of microbial inoculation and injecting a hydrogen release compound (molasses) into the subsurface to promote dechlorinating microbe growth. The microbial reductive dechlorination process will also be enhanced with the injection of micron scale zero valent iron (ZVI). The treatment materials will be injected into the shallow groundwater source area via injection probes at a depth ranging from 10 to 20 feet. The injection materials may be supplemented with additional buffers and nutrients that will be determined during the remedial design. Although there is residual chlorinated VOC contamination in the deep groundwater zone, no measures to address this residual chlorinated VOC contamination in the deep groundwater zone are proposed. 3. PLUME REDUCTION Plume reduction will be accomplished by treating the groundwater via in -situ treatment methods such that the groundwater leaving the site has been effectively treated to water quality criteria. At this site, the shallow chlorinated VOC contaminant plume has migrated onto an adjoining property at 267 Franklin Street which is part of the adjoining BCP project site C915237 (432 Pearl Street Site). Though there is residual chlorinated VOC contamination in the deep groundwater zone at both BCP sites C915208 and C915237, no measures to address this residual chlorinated VOC contamination in the deep groundwater zone is proposed. Contaminant plume reduction will be accomplished by injecting in -situ treatment materials along a series of injection points 10 to 20 feet in depth along an accessible western perimeter area of the site forming a vertical permeable reactive treatment zone. This vertical permeable reactive treatment zone will continue southward along the accessible western and southern perimeter areas of adjoining BCP site C915237 (267 Franklin Street parcel). The in -situ treatment materials will utilize the same materials used in the source area treatment system to promote enhanced natural attenuation of residual chlorinated VOC contamination in the shallow groundwater zone. No remediation measures are proposed to address off -site migration of residual chlorinated VOC contamination in the deep groundwater zone, 4. INSTITUTIONAL CONTROL Imposition of an institutional control in the form of an environmental easement for the controlled property that: • Requires the remedial party or site owner to complete and submit to DEC a periodic certification of institutional and engineering controls in accordance with Part 375 -1.8 (h)(3); • Allows the use and development of the controlled property for restricted residential, commercial and industrial uses as defined by Part 375- 1.8(g), although land use is subject to local zoning laws; • Restricts the use of groundwater as a source of potable or process water, without Necessary water quality treatment as determined by DOH or County DOH; • Prohibits agriculture or vegetable gardens on the controlled property; and • Requires compliance with DEC approved Site Management Plan. a41 5. SITE MANAGEMENT PLAN A Site Management Plan is required, which includes the following: a) An Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media - specific requirements necessary to ensure the following institutional and/or engineering controls remain in place and effective: Institutional Controls: (ICs) discussed above. Engineering Controls: The site cover discussed above, enhanced shallow groundwater bioremediation discussed in above, and plume reduction as discussed in Paragraph 3 above. This plan includes, but may not be limited to: i. An Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; ii. A Monitoring Plan to ensure groundwater quality and to assess the performance and effectiveness of the site cover; iii. Descriptions of the provisions of the environmental easement including any land use and groundwater use restrictions; iv. Provisions for evaluation of the potential for soil vapor intrusion into any new buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; V. Provisions for the management and inspection of the identified engineering controls; vi. Maintaining site access controls and DEC notification; and vii. The steps necessary for the periodic reviews and certification of the institutional and/or engineering controls. b) A Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: i. Monitoring of groundwater to assess the performance and effectiveness of the remedy; ii. A schedule of monitoring and frequency of submittals to DEC; and iii. Monitoring for vapor intrusion for any buildings occupied or developed on the site, as may be required pursuant to item a. iv. above. The proposed remedy was developed by Buffalo Development Corporation ( "applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP). Summary of the investigation PRE- REMEDIATION: An RI commenced in late 2006 to supplement earlier environmental site assessment in 2004. Results from this work revealed chlorinated solvents commonly used by dry cleaners (tetrachloroethene [PCE]) in soils up to 20,000 microgram/kilogram (ug/kg) PCE and shallow groundwater up to 19 parts per million (ppm) PCE at 275 -277 Franklin St parcel. The water quality standard for PCE is 0.005 ppm. The source area in shallow groundwater contamination appears to be centered around MW -5. The RI investigation included an adjoining lot at 267 Franklin Street (see Site C91 5237) currently owned by the applicant also revealed chlorinated solvents in shallow groundwater at levels up to 18 ppm for PCE. A supplemental site investigation was conducted in 2008 to develop an IRM. for the site. Because of a silty clay soil lens midway between the surface and bedrock, two distinct groundwater zones exist at the site. The silty clay soil lens has p�� limited some downward migration of the dissolved contamination. However, the 2008 supplemental investigation confirmed that deeper groundwater zone is contaminated with the chlorinated solvents, with one monitoring well containing 9.4 ppm PCE. PCE levels at this monitoring point have dropped to 0.091 ppm PCE during the 2012 sampling event (post IRM — see below). The supplemental investigation confirmed that the bedrock zone does not appear to be contaminated with the chlorinated solvents. Chlorinated solvent vapors were detected during soil vapor evaluations at the 279 Franklin Street parcel. Investigation of off -site areas by DEC on adjoining properties revealed an extensive elongated off- site chlorinated VOC plume in shallow groundwater. The offsite impacts to deep groundwater zone were limited to one of the off-site sampling points hydraulically downgradient of the BCP site (south of the BCP site). Dissolved levels of PCE and its breakdown products at this off -site deep groundwater well have been found at 0.101 ppm total VOCs. POST -IRM: An IRM was implemented in 2008 on the site to address VOC contamination in vadose zone soils and in the shallow groundwater zone. The vapor extraction system appeared to have effectively addressed vadose zone contamination in the soil column above the groundwater source plume. However PCE at shallow well MW -5 rebounded to 70 ppm based upon sampling in 2012. Additional measures to remediate chlorinated VOC contamination in shallow and deep groundwater zones are necessary. An additional investigative boring and deep monitoring well to further assess deep groundwater impacts was installed in 2012 at 267 Franklin Street (adjoining BCP site C915237). Deep groundwater sampling confirmed dissolved chlorinated VOC contamination at levels up to 0.069 ppm total VOCs at this new deep well. The SVE system reduced the chlorinated VOCs in the vadose (soil) zone in the source area to restricted residential SCG guidance levels. Because of the extent of the dissolved shallow plume, vapor intrusion (VI) from the chlorinated solvents was a concern with offsite neighboring structures. A soil VI evaluation completed by DEC in 2008 revealed PCE impacts to indoor air quality inside the 267 Franklin Street apartment building. DEC subsequently installed a sub -slab depressurization system (SSDS) inside the apartment building to address VI and reduce indoor air concentrations of PCE. This building and parcel were subsequently acquired by the applicant and allowed into the BCP as site C915237. Vapor intrusion was confirmed in another off -site building and an SSDS was installed in 2012. Additional investigations were required to assess off -site impacts, health and safety concerns, the presence of DNAPL, and bedrock aquifer contamination. DEC monitoring has confirmed an elongated PCE plume has migrated in a southwesterly direction across Franklin Street. Next Steps DEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. DOH must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work Plan and Proposed Decision Document are revised as needed to describe the selected remedy, and will be made available to the public. The applicant may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Background LOCATION: The brownfield site encompasses two contiguous parcels in the City of Buffalo, Erie County, and are identified as 275 -277 Franklin Street ( --0.13 acres), and 279 Franklin Street ( --0.12 acres). The site is situated in an urban commercial district. SITE FEATURES: The site is paved with asphalt and is currently used as a commercial surface parking lot approximately 0.25 acres in size. CURRENT ZONING/USE: Both contiguous parcels that constitute the site are situated in the Downtown Opportunity (DO) zoning district which currently contains a mix of uses including apartment residences, restaurants, retail, entertainment, office and parking. Permitted use in the DO zoning district includes residential, office, (limited) retail, restaurant, hotel and entertainment. The surrounding parcels are currently used for a combination of commercial uses including surface parking, restaurant and entertainment. PAST USE OF THE SITE: Record information concerning the use of both parcels dates back to the late 1800s where the area was predominantly closely spaced urban residential interspersed with commercial businesses and establishments. 279 Franklin Street: This lot was used for residential purposes from the late 1800s through the 1950s, and as a parking lot from the early 1980s to present. Previous use of the lot does not reveal any recognized environmental concerns. 275 -277 Franklin Street: In the late 1800s, the lot contained a residence with a carriage shed facing Asbury Alley. By the 1950s, the residence was replaced with a commercial use building, and record information indicates that the structure was used by a dry cleaning business from approximately 1951 through the early 2000s. This parcel became delinquent in property taxes and the City of Buffalo foreclosed on the parcel for back taxes. The parcel was sold by the City in 2004. The building on the parcel was demolished in 2004 by the applicant. The building area of the parcel was subsequently paved over and is currently being used as a commercial surface parking lot. According to the BCP application, future development plans for the site and adjoining BCP site (C915237) consists of a hotel with conference and parking facilities. SITE GEOLOGY/HYDROGEOLOGY: Overburden: The site is located within the Erie- Ontario lake plain physiographic province, which is typified by little topographic relief and gentle slope toward Lake Erie, except in the immediate vicinity of major drainage ways. The surficial geology of the Lake Erie plain generally consists of a thin glacial till layer, glaciolacustrine (lake -laid laminated silts and clays) deposits, alluvium, and soils derived by these deposits. Glacial till deposits were not encountered at the site except for a thin layer (1 to 2 feet thick) above limestone bedrock. The site geology consists of a lake -laid sandy ridge deposit about 40 to 45 feet thick with several inter - bedded silty clay lenses. The site is also covered by a thin soil /fill layer about 2 to 5 feet thick and is found throughout the site. The fill is characteristic of urban fill common in the City of Buffalo. � Bedrock: The site is situated over the Onondaga formation limestone. Limestone bedrock was encountered about 52 feet below the surface. Hydrogeology: Unconfined shallow groundwater was encountered within the native soils at depths of approximately 10 to 12 feet below ground surface. Because of a silty clay soil lens within the sandy soil profile at a depth of approximately 25 to 30 feet below ground surface, the site has a defined shallow and deep groundwater zone. Site groundwater flow gradient (shallow and deep) appears to flow in a south/southwest direction. Regional groundwater appears to flow west/southwest toward Lake Erie and confluence of the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: htt p:// www.dec.iay.gov /cfmx/ext4pps /dei - external /haz /details.efin ?l)a eig d =3 &promo= C91.5208 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: hap:// www .dee.nygov /clictnical/8450.btml Site Location C W U. a Z i� !LI 1 0 ILI IX Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed. For more information about the BCP, visit: http://www.dec,n. NYS DEC Region 9 Office Buffalo & Erie County Public Library 270 Michigan Avenue Attn: Michael Mahaney Buffalo, New York 14203 1 LaFayette Square 716 -851 -7220 Buffalo, NY 14203 (Call for appointment) 716 -858 -8900 Who to Contact Comments and questions are always welcome grid should be directed" as follows: Project Related Questions Michael Hinton NYS DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716 -851 -7220 mihinton &gw.dec.state.ny.us Site- Related Health Questions Deanna Ripstein NYS DOH Empire State Plaza, Corning Tower, Room 1787 Albany, NY 12237 (518) 402 -7860 beef a health. state.ny.us � For More Information We encourage you to share this fact sheet with neighbors and tenants, and/or post this fact sheet in a prominent area of your building for others to see. " 11 *Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: http: //wvvw.dec.nv.gov/chemiral/61092.htin]. It's quick, it's free, and it will help keep you better informed. Note: Please disregard if you already have signed up and received this fact sheet electronically, 00070 New York State Department of Environmental Conservation o t ) *Receive site fact sheets by email. See For More Information to learn how_ Site Name: 432 Pearl Street July 2013 DEC Site #: C915237 Site Address: 432 Pearl Street; Buffalo, NY 14202 Have questions? See Who to Contact below 4P Pearl St Update. Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 432 Pearl Street site ( "site ") located at 432 Pearl Street, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site's significant threat status is unknown. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from July 29, 2013 through September 12, 2013. The proposed plan is available for public review at the location(s) identified below under Where to Find Information. Please submit comments to DEC project manager listed under Project Related Questions in the Who to Contact area below. Draft Remedial Work Plan and Proposed Decision Document The cleanup plan is described in DEC's Proposed Decision Document, which is based on a more detailed "Remedial Work Plan ". The proposed remedy consists of: Site Cover A site cover currently exists (asphalt) on the 432 Pearl Street parcel and will be maintained as part of the remedy. There are no current plans to remove SVOC soils marginally above commercial SCOs at the 432 Pearl Street parcel. The 267 Franklin Street parcel contains a tenement style apartment building and asphalt paved parking area. These improvements will be maintained to allow for continued restricted residential and commercial use of the site until future redevelopment plans are implemented. Because the multi -use zoning district allows residential use, any site redevelopment will maintain a site cover, which may consist of either structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper two foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where a soil cover is required, it will be a minimum of two foot, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for restricted residential use. The soil cover will be placed over a demarcation layer, with the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use. �0 Plume Reduction Plume reduction will be accomplished by treating the groundwater via in -situ treatment methods such that the groundwater leaving the site has been effectively treated to water quality criteria. A shallow chlorinated VOC contaminant plume has migrated from the adjoining BCP site C915208 onto this site and further onto downgradient off site parcels. The current post C915208 IRM shallow groundwater plume area is depicted in Figure 3. Though there is residual chlorinated VOC contamination in the deep groundwater zone at both BCP sites C915208 and C915237 (see Figure 4), no measures to address this residual chlorinated VOC contamination in the deep groundwater zone is proposed. In -Situ Groundwater Treatment via enhanced natural attenuation of VOCs in groundwater (e.g., microbial inoculation, zero - valent iron, hydrogen release compounds, or a combination thereof} is proposed for site C915208 residual source with a partial extension onto the 267 Franklin Street apartment parcel. Contaminant plume reduction will be accomplished by injecting in -situ treatment materials along a series of injection points 10 to 20 feet in depth along accessible southern and western perimeter areas of this BCP site and along the western perimeter of the 275 Franklin Street parcel of the C915208 BCP site to create a continuous permeable reactive treatment zone (see Figure 5) along the accessible downgradient edges of both BCP sites. The in -situ treatment materials will utilize the same materials used in the source area treatment system at BCP site C915208 to promote enhanced natural attenuation of residual chlorinated VOC contamination in the shallow groundwater zone. Vapor Mitigation The existing SSDS in the existing building will require continued operation until vapor intrusion no longer occurs and is a health threat in this building. Institution Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: • Requires the remedial party or site owner to complete and submit to DEC a periodic certification of institutional and engineering controls in accordance with Part 375 -1.8 (h)(3); • Allows continued restricted residential use of the apartment building and the use and development of the controlled property for restricted residential, commercial and industrial uses as defined by Part 375- 1.8(g), although land use is subject to local zoning laws; • Restricts the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by DOH or County DOH; • Requires compliance with DEC approved Site Management Plan. Site Management Plan A Site Management Plan is required, which includes the following: a. an Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media- specific requirements necessary to ensure the following institutional and/or engineering controls remain in place and effective: Institutional Controls: (ICs) discussed in Paragraph 4. P Engineering Controls: The site cover discussed in Paragraph 2 above, plume reduction discussed in Paragraph 1, and vapor mitigation discussed in Paragraph 4 above, This plan includes, but may not be limited to: i. an Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; ii, a Monitoring Plan to ensure groundwater quality and to assess the performance and effectiveness of the site cover; iii. descriptions of the provisions of the environmental casement including any land use and groundwater use restrictions; iv. provisions for evaluation of the potential for soil vapor intrusion for any new buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; v. provisions for the management and inspection of the identified engineering controls; vi. maintaining site access controls and Department notification; and vii. the steps necessary for the periodic reviews and certification of the institutional and/or engineering controls. b. a Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: i, monitoring of groundwater to assess the performance and effectiveness of the remedy; ii. a schedule of monitoring and frequency of submittals to the Department; and iii monitoring for vapor intrusion for any buildings occupied or developed on the site, as may be required pursuant to item a.iv above. The proposed remedy was developed by Buffalo Development Corporation ( "applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP). Summary of the Investigation An RI commenced in this site and adjoining BCP site C915208 in late 2006. Results from this work revealed chlorinated solvents commonly used by dry cleaners (tetrachloroethene [PCE]) in soils up to 20,000 microgram/kilogram (ug /kg) PCE and shallow groundwater up to 19 parts per million (ppm.) PCE at the adjoining BCP site C915208 275 -277 Franklin Street parcel. The water quality standard for PCE is 0.005 ppm. The source area in shallow groundwater contamination appears to be centered around MW -5 on BCP site C915208. Investigation of the 267 Franklin Street parcel initially revealed chlorinated solvents in shallow groundwater at levels up to 18 ppm for PCE. The 2006 RI revealed an extensive shallow groundwater contarinant plume located on adjoining companion BCP site 0915208 had migrated onto the 267 Franklin Street parcel, which is situated downgradient of BCP site C915208. The RI results suggest that the 432 Pearl Street parcel is on the fringe of the shallow groundwater contaminant plume emanating from source area (BCP site C915208), and the shallow groundwater contaminant levels were just slightly above the groundwater quality standard (0.005 ppm) for the VOC contaminants of concern. The 267 Franklin Street parcel is immediately downgradient of the source area (BCP site C915208), and as a result, the PCE contaminant levels on site were significantly higher in the shallow groundwater zone (up to 18 ppm prior to the implementation of an IRM). The deep groundwater zone was impacted, but to a lesser degree. 1 �k Background Location: The BCP site consists of two non - contiguous parcels in the City of Buffalo, Erie County. The BCP site contains a 0.45 acre parcel located at 432 Pearl Street and a 0.25 acre parcel located at 267 Franklin Street. The two parcels are adjacent to each other, but are separated by a City of Buffalo owned alley known as Asbury Alley. The site is situated in an urban commercial district. The site is adjacent to BCP site C915208 also owned by the 432 Pearl Street BCP volunteer. The 432 Pearl Street BCP site and the adjacent BCP site are part of a common proposed redevelopment project. Site Features: The 432 Pearl Street parcel is a paved commercial parking lot. The 267 Franklin Street parcel site contains both a paved parking lot and an occupied apartment building. Current Zoning /Use: Both non- contiguous parcels that constitute the site are situated in the Downtown Opportunity (DO) zoning district which currently contains a mix of uses including apartment residences, restaurants, retail, entertainment, office and parking. The surrounding parcels are currently used for a combination of commercial uses including surface parking, restaurant and entertainment. Historic Uses: Information concerning the use of both parcels dates back to the late 1800s when the area was predominantly closely spaced urban residential, interspersed with commercial businesses and establishments. 432 Pearl Street • In the late 1800s, the northern half of the parcel consisted of four separate lots with residential buildings facing Pearl Street and carriage sheds facing Asbury Alley. By the 1940s, one of the residences was demolished and converted to a surface parking lot. The balance of these residences were demolished in subsequent years and also converted to surface parking lots. No known date concerning the demolition of the residences and conversion to parking lots is available or provided. Continuing southward along this parcel, in the late 1800s, two lots also contained residences and two lots contained apartment /rooming houses. By the mid 1920, the two residences were replaced by a retail commercial building (record use indicates that a heating equipment company occupied the building). By the 1940s, the commercial building and apartment/rooming houses were demolished and converted to surface parking. 267 Franklin Street: In the late 1800s through 1926, land use consisted of two separate apartment buildings on this parcel. The northern half of the 267 Pearl Street parcel contained a residential apartment building facing Franklin Street. The apartment building appears to have been demolished between 1925 and 1946. No other land use for the former apartment building lot other than as a parking lot appears to have occurred after 1946. The southern half of the parcel contains the current tenement style apartment building which remains actively used as an occupied apartment building. Tenant parking is provided on the northern half of the site that contained the former apartment building. According to the BCP application, future development plans for the site, in conjunction with BCP site C915208, consists of a hotel with conference and parking facilities. P Investigation of off-site areas by DEC on adjoining downgradient properties revealed the extensive chlorinated VOC plume extended to the south/southwest. A supplemental site investigation was conducted in 2008 to develop an IRM for BCP site C915208. An IRM to treat contaminated groundwater via in -situ methods was implemented in 2008 at the adjoining companion BCP site C915208. Because of a silty clay soil lens midway between the surface and bedrock, two distinct groundwater zones exist at the site. The silty clay soil lens has limited some downward migration of the dissolved contamination. However, the 2008 supplemental investigation of companion BCP site C915208 confirmed that deeper groundwater zone is contaminated with the chlorinated solvents, with one deep monitoring well at adjoining companion BCP site C915208 initially containing 9.4 ppm PCE. PCE Ievels at this monitoring point have dropped to 0.091 ppm PCE during the 2012 sampling event. The 2008 investigation confirmed that the bedrock zone does not appear to be contaminated with chlorinated solvents. An additional investigative boring and deep monitoring well was installed in 2012 at 267 Franklin Street to further assess deep groundwater impacts. Deep groundwater sampling confirmed dissolved chlorinated VOC contamination at levels up to 0.069 ppm total VOCs at this new deep well. A thin fill layer (3 -5 feet) at the 432 Pearl Street parcel contains several SVOCs [benzo(a)anthracene, benzo(b)flourene, benzo(a)pyrene and dibenzo(a,h) anthracene) at levels slightly above commercial SCOs. There were no exceedances for metals above commercial levels at both parcels, Because of the extent of the dissolved shallow plume, vapor intrusion (VI) from the chlorinated solvents was a concern with structures on around the BCP site. Prior to the BCP volunteer's acquisition of the apartment building at 267 Franklin Street, a soil VI evaluation was completed by the Department in 2008. The VI evaluation revealed PCE impacts to indoor air quality inside the apartment building. The Department subsequently installed a sub -slab depressurization system (SSDS) inside the apartment building to address VI and reduce indoor air concentrations of PCE. Vapor intrusion was confirmed in another off -site building in 2011 and an SSDS was installed in 2012. Additional investigations were required to assess off -site impacts, health and safety concerns, the presence of DNAPL, and bedrock aquifer contamination. The Department completed an off -site groundwater evaluation in 2009 which revealed that an elongated PCE plume has migrated in a southwesterly direction across Franklin Street. PCE contamination was revealed primarily in the shallow groundwater zone. Deep groundwater was impacted at one of the off -site monitoring points along Franklin Street. Additional investigation of impacts to downgradient properties and structures was implemented in 2011 and 2012 and revealed shallow groundwater zone contamination, over 3 ppm for PCE, at another downgradient property along Franklin Street. Next Steps DEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. New York State Department of Health (DOH) must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work Plan and Proposed Decision Document are revised as needed to describe the selected remedy, and will be made available to the public. The applicant may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Geology: Overburden: The site is located within the Erie - Ontario lake plain physiographic province, which is typified by little topographic relief and gentle slope toward Lake Erie, except in the immediate vicinity of major drainage ways. The surficial geology of the Lake Erie plain generally consists of a thin glacial till layer, glaciolacustrine (lake -laid laminated silts and clays) deposits, alluvium., and soils derived by these deposits. Glacial till deposits were not encountered at the site except for a thin layer (1 to 2 feet thick) above limestone bedrock. The site geology consists of a lake -Iaid sandy ridge deposit about 40 to 45 feet thick with several inter - bedded silty clay lenses. The 432 Pearl Street parcel is covered by a thin soil /fill layer approximately 2 to 5 feet thick. The fill is characteristic of urban fill common in the City of Buffalo. Bedrock: The site is situated over the Onondaga formation limestone. Limestone bedrock was encountered about 52 feet below the surface. Hydrogeology: Unconfined shallow groundwater was encountered within the native soils at depths of approximately 10 to 12 feet below ground surface. Because of a silty clay soil lens within the sandy soil profile found at a depth of approximately 25 to 30 feet below ground surface, the site has a defined shallow and deep groundwater zone. The deep groundwater hydrostatic surface is nominally below the shallow groundwater surface. Site groundwater flow gradient (shallow and deep) appears to flow in a south/southwest direction. Regional groundwater appears to flow west /southwest toward Lake Erie and confluence of the Buffalo River. Additional site details, including environmental and health assessment surrimaries, are available on DEC's website at http: l /www.dee.iay.gov /chemical/9261 l.iitrnl and http:i /www.dec.U. gov /cfirx/extyps /dcrextemal/liaz!l details .cfm ?pageid= 3 &.progno= 0915237 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.gy.gov /chemical /8450.html Site location Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed. For more information about the BCP, visit: http://NvwNv.dec.iiv.gov/cbei NYS DEC Region 9 Office Buffalo and Erie Co. Public Library 270 Michigan Avenue Attn: Michael Mahaney Buffalo, New York 14203 1 LaFayette Square 716 -851 -7220 Buffalo, NY 14203 (Call for appointment) Who to Contact Comments and.questons are always welcome and should.be directed as follows: Praiect Related Questions Eugene Melnyk NYS DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716 -851 -7220 ewmolnyk(a,i i4w. dec.state.n Site - Related Health Questions_ Deanna Ripstein NYS DOH Empire State Plaza, Corning Tower, Room 1787 Albany,NY 12237 (518) 442 -7860 beeiL(diea]th. state. 3y.us 10 For More Information We encourage you to share this fact sheet with neighbors and tenants, _ and/or post this fact sheet in a prominent area of your building for others to see. ry f as *Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: It's quick, it's free, and it will help keep you better informed. Note: Please disregard if you already have signed up and received this fact sheet electronically. '? " eee.s�oR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION R EGION FIVE 1 SENECA STREET BUFFALO NY 14203 www.dot.ny.gov D ARRELL F. KAMINSKI P. E. JOAN M CDONALD ACTING, REGIONAL DIRECTOR COMMISSIONER D261363 CPIN 5759.43.321 Transportation Enhancement in the Vicinity of the Union Ship Canal Promenade in the City of Buffalo Erie County August 5, 2013 Dear Sir/ Madam: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on 6/19/2013. The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over to the respective agency. Please note if your agency is directly involved. If not, this letter serves as a courtesy to notify you that the contractor for this project, Donald J. Braasch Constr., Inc., is no longer directly involved in roadway maintenance. Very truly yours, D.W Paskie Acting Regional Construction Engineer RECEIVED AND FILE TES:rap Attachment cc: C. Jacobs, Erie County Clerk G. Chwalinski, Office of City Clerk C. Morgante, Director of Operations T. Skummer, Associate Construction Engineer R. Steinmetz, Engineer in Charge �`h 000x`) Michael B. Risman Partner Direct Dial: 716.848.1291 Direct Facsimile: 716.819.4758 E -Mail: mrismany@hodgsonruss.com August 28, 2013 Via Hand-Delivery And Filed With City Clerk Rev. Darius G. Pridgen Ellicott District Councilmember City of Buffalo 1408 City Hall Buffalo, New York 14202 Dear Councilmember Pridgen: T- Mobile Northeast, LLC Site Plan and Special Use Permit Application Project Site: 523 -535 Northampton Street Item No. 77- C.C.P. July 23, 2013 HodponRus&L, AT TO NN EYS I represent the Community Action Organization of Erie County, Inc. ( "CAO "). This letter is submitted in opposition to the application of T- Mobile Northeast, LLC to place a 90 foot high monopole cell tower and an oversized 50 foot by 50 foot concrete pad base transceiver station with at least three equipment cabinets (apparently, more equipment will be added later) on land located at 533 Northampton. For the reasons set forth below, CAO requests that the Common Council deny the restricted use permit application of T- Mobile Northeast, LLC. I. Background By way of background, CAO is the owner of a recently constructed 63 -unit affordable housing complex directly adjacent to the site of the proposed 90 foot cell tower and oversized 50 foot by 50 foot base station.. In addition, CAO is working with its development partner Kalcida Health and the UB School of Architecture and Planning to construct 105 units of high quality affordable housing immediately across the street from 533 Northampton at the site of the former Deaconess Hospital. The site plan for that project has been prepared by the University of Buffalo and the proposal is being considered for a number of national, state, and regional planning design awards. In fact, the site plan was just awarded the Outstanding Student Project Award just last week. CAO strongly believes the T- Mobile application should be a restrictive use permit and the application should be denied by your Honorable Body. Rev. Darius G. Pridgen August 28, 2013 Page 2 II. Legal Requirements 1-4 Hodp9pRuss,,, ATTORNEYS T- Mobile's application is subject to the legal requirements and criteria set forth in Article XXIX of the City Zoning Code. That Article specifically sets forth the guidelines for the location of communications towers and antennas throughout the City of Buffalo. Buffalo Code, Article XXIX, §511 -156 — 511 -161. Since the subject property is zoned residential, a restricted use permit must be approved by the Buffalo Common Council. Buffalo Code, Section 511 - 158(A). The criteria for restricted use permits is set forth in Article XVI of the Zoning Code. Buffalo Code Section 511 -55. In addition, the application is subject to citywide design and site plan approval pursuant to XXVIII of the City Zoning Code. The required elements for site plan approval are set forth in Sections 511 -137 through 511 -152 of the Buffalo Zoning Code. III. Procedural History T- Mobile submitted a site plan application to place the cell tower on the property at 525 -535 Northampton. The application was on the May 31, 2013 City Planning Board Agenda. Representatives of CAO appeared at that City Planning Board meeting and voiced strong opposition to a T- Mobile application. At the meeting, a number of Planning Board members questioned the location of this cell tower in a residential neighborhood. The Planning Board members tabled the application and encouraged the parties to meet to discuss the cell tower proposal. Thereafter, T- Mobile submitted a revised plan to the City merely relocating the cell tower at a slightly different location on the very same parcel. The application was placed on the Agenda for the July 30, 2013 Planning Board meeting. Due to a miscommunication, CAO did not appear at the July 30, 2013 Planning Board meeting to voice its opposition to the site plan approval of the revised cell tower application. The item was considered by the Common Council Community Development Committee on July 30, 2013. CAO was not aware that T- Mobile's attorney had filed a supplement to its cell tower application with the Common Council or that it would be considered by the Common Council at its Committee meeting. As a result, CAO did not appear at the Common Council Committee meeting to voice its opposition. The item is currently scheduled for a vote on the T- Mobile application for a restricted use permit at the Common Council's upcoming meeting on September 3, 2013. CAO vehemently opposes the application because of the damage it will do to the neighborhood aesthetics and the harm to the quality of the revitalization underway in the neighborhood as led by Kaleida and CAO. Rev. Darius G. Pridgen August 2$, 2013 Page 3 Hod %!Russ, ATTORM EYS IV. The Application Does Not Meet the Requirements of the City Cell Tower Ordinance, Restricted Use Permit Criteria, or Site Plan Approval Requirements The T- Mobile application clearly does not meet the requirements of the City Communications Towers and Antennas Ordinance. Section 511 -156 of the City Zoning Code sets forth the intent and guidelines of the cell tower ordinance as follows: The cell tower ordinance is intended to protect residential areas and land uses by minimizing potential adverse impacts of communications towers and antennas. City Code, §511 -156. The T- Mobile application seeks to locate a tower in a residential zone and directly across from, and highly visible to the proposed residential housing complex planned at the former Deaconess Hospital site on Northampton Street. There are also numerous existing residences whose community aesthetics would be severely and negatively impacted by this use. This is contrary to the goal of protecting residential areas. 2. The cell tower ordinance encourages co- location on existing communication towers. The application seeks to place a new tower on a residential lot rather than co- locating on an existing cell tower. City Code, §511 -156. 3. The cell tower ordinance encourages the location of communication towers in areas where any adverse impact on the community is minimal. The T- Mobile application will have a substantial adverse impact on existing and proposed residential housing in the area. City Code § 511- 156. There is also no evidence that T- Mobile has sufficiently explored other site options. 4. The cell tower ordinance encourages construction of cell towers in a way that minimizes the adverse visual impact of cell towers. The T- Mobile application seeks to place a 90 foot tower and an oversized 50foot by 50 foot concrete base receiver station and multiple equipment cabinets across from a planned housing development being developed by CAO and Kaleida with the assistance of the UB School of Architecture and being proposed for national, state, and regional planning awards. The adverse visual impact will be severe and unwarranted. Rev. Darius G. Pridgen August 28, 2013 Page 4 Hodp9p ss,,P ATTORNEYS T- Mobile has submitted a number of self - serving exhibits with its application. However, it is obvious that the cell tower application does not meet the intent or criteria set forth in the City cell tower ordinance. City Code, §511 -156. Moreover, since the proposed location is proposed in an R District, the T- Mobile application is subject to additional oversight and a restricted use permit must be presented to the Common Council for approval. City Code §511 - 158(a). Restricted use permit applications are governed by Article XVI of the City Zoning Code. Section 511 -55(D) provides broad discretion to the Common Council to deny a restricted use permit on grounds of public health, safety, "aesthetics," or general welfare. As noted above, a 90 foot cell tower with an oversized 50 foot by 50 foot concrete base transceiver station and multiple equipment cabinets (and apparently more to be added later) is not appropriate in a residential district directly across from and clearly visible to the proposed Deaconess Heights high quality housing complex planned directly across the street. The fact that there will be alleged landscaping placed around the large substation and cabinets does not ameliorate the substantial negative aesthetic impact this large cell tower and transceiver station will have presently and in the future on this residential community. Putting some bushes around this huge installation will not make it invisible to residents as T- Mobile seems to argue. In addition, the proposed cell tower will have an adverse impact on the general welfare of the community by impacting on the important community revitalization housing development planned on the former Deaconess site. Moreover, the aesthetics of the T- Mobile application are also subject to the Citywide Design and Site Plan Ordinance and the criteria set forth therein. City Code, §511 -137. Under the Citywide Site Plan Ordinance, the Planning Board must consider, among other criteria, the "impact of the development on adjacent properties" and the "general welfare of the community." City Code, §511- 138(B). As noted above, this cell tower will severely impact on the property directly across from the site on Northampton and is not compatible with the residential development planned thereon and the housing recently constructed on the adjacent property. Based upon the foregoing, CAO respectfully requests that the Common Council take the following actions: 1. Denial of the T- Mobile restricted use permit application pursuant to §511 -55 of the City Code. 2. Passage of a Resolution by the Common Council requesting the Commissioner of Permit and Inspector Services to deny the cell tower permit application pursuant to § 511 -159.3 of the City of Buffalo Cell Tower Ordinance. 3. Referral of the item back to the City Planning Board for reconsideration and to allow CAO representatives an opportunity to appear and present its objections to the revised cell tower application submitted by T- Mobile. - Rev. Darius G. Pridgen August 2$, 2013 Page 5 HodgsggRuss�« arrorsrevs T- Mobile has many options, including locating the cell tower in a narrow "notch" on CAQ property already shielded on three sides by structures, fences and trees. T- Mobile can also collocate on an existing cell tower location or atop a building. The proposed location is the least desirable of the available locations and would have a severely negative impact on the community. Therefore, the application for a restricted use permit should be denied in all respects. Thank you for your consideration. Respectfully yours, Michael B. Risman /kms Copy to: Adam W. Perry, Esq. Mr. L. Nathan Hare t 036281.00001 Litigation 116727790 BONNIE E. RUSSELL PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1 508 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5165 • FAX: (716) 851 -4580 E -mail: brus5eii @city- buffalo.com Website: http: / /www.city- buffalo.com 00,07 Common eounrit CITY OF BUFFALO OFFICE OIL PRESIDENT PRO TEMPORE PC-q, MVkA A ! f / f ' , I H (O kT6� -- MEMORANDUM TO City Clerk's Office FROM: Councilmember Bonnie E. Russell DATE: July 19, 2013 RE: File Petition Attached is a petition from IIlos Piano Rebuilders, LLC to be filed. Thanks. 'United for University" CHAIR kP CIVIL SERVICE COMMITTEES CLAIMS FINANCE LEGISLATION RULES SPECIAL COMMITTEES MINORITY BUSINESS ENTERPRISE POLICE OVERSICHT TRANSPORTATION MEMBER BUFFALO URBAN RENEWAL AGENCY SENIOR LEGISLATIVE ASSISTANT SANDRA D. MUNSON LEGISLATIVE ASSISTANT MARY ELIZABETH LAMPARELLI 1 01 It E c � 3r`�'�` � Il , � � � � aii ido 2 http://WWW.illos.com I 1 1; � 00, PIANO REBUILDERS, LLC 2940 MAIN STREET 9 BUFFALO, NEW YORK 14214 • 832 -0013 • FAX: 832 -0157 Daniel Derenda Buffalo Police Department 74 Franklin Street Buffalo, NY 14202 cc: Bonnie Russell �fichaJ LoCtrto D District -- Buffalo Police Department Mayor's Office July 10, 2013 Dear Mr. Derenda, 1 am writing to petition for the addition of a city suive.illance camera on the corner of Main Street and Hertel Ave, where our business is located. 'I'his is a major city intersection, trav ersed by 25,000 cars every day, and it is the entranceway to the Delaware and l_Iniver:,ity I-')zsrricts. The;:(- h.as ''seer significant investment in this area by our business, Ciminelli Development, Matt(- :riori, and Most importantly to us, however, is the recent increase in crime and vandalism on and wound this corner. Over the past two years, we have been having increased problems dealing with teenagers travelling to and from Bennett High School and the public pool in Shoshone Park. We have had cases of shoplifting, vandalism, and most recently a break --in and robbery over the July 4"' holiday. Our business employs 15 -18 people and serves over 100 piano students, teachers, and performers every week. Many of our customers come to us from the suburbs and are not used to the hazards of urban areas and feel threatened by the city; if the situation on o corner gets rnt:r_h worse, We are. in diV peril. of losing many of these customers and students. It is our hope that a camera on our corner would make them feel safer and hopefully reduce the incidence of-crime in the area. We are currently in the process of upgrading our security system and fortifying our facility, and we feel that this as well as the city's camera will alleviate the situation so we won't be forced to leave our location for someplace without these issues. If you have any questions, feel free to contact me at the number listed above. REFERRED TO THE COMMISSIONER OF POLICE Garland,Frank From: Marketing <marketing @rikenterprises.com> Sent: Monday, July 22, 2013 3:14 AM To: SPI Client & Industry Alert Cc: Robert Klein, Founder and Chairman Safeguard Properties & RIK investments; SPI Community Initiatives Dept; The Institute Committee Subject: Law and Order Youngstown OH Style Article by Robert Klein 7 -2013 Attachments: Housing Wire Law and Order by Robert Klein 7- 20131.pdf Importance: High Housing Wire: Law and Order by Robert Klein ( Ohio city attracts plaudits for tackling foreclosure blight, but major challenge remains In many ways, Youngstown, Ohio, serves as a comeback model for similar cities around the country that have lost jobs and population since the industrial decline that began in the late 1970s. Thanks to forward - thinking leaders who have cultivated a supportive business environment, Youngstown has become one of the most improved economies in the country, according to an analysis by the Brookings Institution. A growing energy market has sparked a manufacturing resurgence. A vibrant technology scene is attracting startup companies, warranting mention by President Barack Obama in his State of the Union address earlier this year. And Youngstown#s downtown is springing back to life as an entertainment destination. Unfortunately, like other cities across the country, Youngstown has also suffered in the aftermath of the housing crisis, with vacant and abandoned properties straining city resources, hurting neighborhoods and driving out residents. It's understandable that city leaders would want to take action to preserve neighborhoods, protect the safety of its citizens and help maintain the momentum of economic recovery. However, their decision to enact what is being viewed as one of the most onerous vacant property ordinances as a solution to the problem may actually do more harm than good. The ordinance has a number of possible ramifications, with three apparent major drawbacks in particular some deem worthy of rumination. Good Guys Pay, Bad Guys Don't The first concerns the fact the ordinance requires the owner of a vacant property to post a cash bond of not less than $10,000 to assure the continued maintenance of the property until it either moves through the foreclosure process and is sold to a new owner, or is demolished. The definition of an owner has been broadened to include the person in title, the entity that holds the mortgage and even authorized agents and vendors of the mortgage company who have direct or indirect control of a property. Here is the sad irony: Irresponsible owners who let their properties deteriorate in the first place aren't likely to comply with the ordinance. Code enforcement officers and other officials will waste precious time chasing ghosts, with nothing to show for it. On the other hand, the vast majority of mortgage companies and their agents who already secure and maintain properties abandoned by homeowners could be penalized by the ordinance and forced to pay, even though their properties aren't causing problems. 5 Val Lienholder Conflict Second, until mortgage companies take legal title to a property, their rights are limited Q even when homeowners abandon properties. Prior to an actual foreclosure sale, banks can only perform services to prevent code violations and protect the collateral value of the property in the absence of an occupant. In other words, the requirements of the Youngstown ordinance will most likely conflict with laws limiting a bank's rights prior to foreclosure. The expanded definition of a homeowner in the Youngstown ordinance actually sets up the city for potentially expensive and protracted legal actions. In fact, two years ago, the city of Chicago considered similar language in their ordinance, defining lienholders as homeowners prior to foreclosure. Ultimately, they removed the language after listening to the concerns of the mortgage industry in this regard. It Doesn't Fix the Problem Third and finally, the worst enemy of a vacant property is time, and the Youngstown ordinance seems to do nothing to address this. If the city of Youngstown really wants to protect the condition of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. That requires a change in state law to accelerate vacant properties through foreclosure. In Ohio, the foreclosure process can take two years or longer, whether the property is occupied or abandoned. Even with the billions of dollars the mortgage industry spends annually across the country to inspect and maintain vacant properties, these homes will deteriorate as they await foreclosure. Many will be vandalized, losing value, becoming neighborhood nuisances and negatively impacting surrounding properties. When a property is deemed vacant and abandoned, accelerating foreclosure would allow banks to obtain title while the property is still in good condition so that it can be sold and reoccupied more quickly. For some, accelerated foreclosure is a far better alternative to vacant property ordinances. It can reduce the burden on city code enforcement officials and first responders to address nuisance issues. It can protect the condition and value of vacant properties, especially those in fragile neighborhoods. And, perhaps most importantly, it can help maintain viable housing for families, especially first -time home buyers and lower income people. Youngstown's leaders have demonstrated a progressive attitude toward rejuvenating their city. There is a strong argument that says they should continue to lead the way to protect homes and neighborhoods across Ohio by promoting legislation designed to accelerate the foreclosure process for vacant and abandoned properties. Key Concepts Mortgage companies and their agents who already secure and maintain abandoned properties could be penalized by a new Youngstown, Ohio, ordinance and forced to pay. The requirements of the Youngstown ordinance will most likely conflict with laws limiting a banks rights prior to foreclosure. If the city really wants to protect the conditions of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. If you are not the intended recipient, or received this in error, please_ delete it immediately and contact the sender. Thank you. REFERRED TO THE cO ON O C® UNITY DEVELOPMENT. • "� �1 �� ;! r f 1' E �., �,i��- l 1 41, i�i +4i f� IA A _ .� y . j DL g i SPv9c9ff1 In many ways, Youngstown, Ohio, serves as a comeback model for similar cities around the country that have lost jobs and population since the industrial decline that began in the late 1970s. Thanks to forward - thinking leaders who have cultivated a sup - portivebusiness environment, Youngstown has become one of the most improved economies in the country, according to an analysis bythe Brookings Institution. A growing energymarket has sparked a manufacturing resurgence. A vibrant technology scene is attracting startup companies, warranting mention by President Barack Obama in his State of the Union address ear- lier this year. And Youngstown's downtown is springing back to life as an entertainment destination. Unfortunately, like other cities across the country, Youngstown has also suffered in the aftermath of the housing crisis, with vacant and abandoned properties straining city resources, hurting neighborhoods and driving out residents. It's understandable that city leaders would want to take action topreserve neighborhoods, protect the safetyof its citizens and help maintain the momentum of economic recovery. However, their decision to enactwhatis beingviewed as one of the most onerous vacant property ordinances as a solution to the problem may actually do more harm than good. The ordinance has a number of possible ramifications, with three apparent major drawbacks in particularsome deem worthy of rumination. GOOD GUYS FLAY, BAD GUYS DON'T The first concerns the fact the ordinance requires the owner of a vacant property to post a cash bond of not less than $io,000 to assure the continued maintenance of the property until it either moves through the foreclosure process and is sold to a new owner, or is demolished. The definition of an owner has been broadened to include the person in title, the entity that holds the mortgage and even authorized agents and vendors of the mortgage company who have direct or indirect control of a property. Here is the sad irony: Irresponsible owners who let their properties deteriorate in the first place aren't likely to comply with the ordinance. Code enforcement officers and other of- ficials will waste precious time chasing ghosts, with nothing to show for it. On the other hand, the vast majority of mortgage companies and their agents who already secure and maintain properties abandoned by homeowners could be penalized by the ordi- nance and forced to pay, even though their properties aren't causing problems. I.IENHOLOER CONFLICT Second, until mortgage companies take legal title to a property, their rights are limited — even when homeowners abandon properties. Prior to an actual foreclosure sale, banks can only perform services to prevent code violations and protect the col lateral value of the property in the absence of an occupant. In other words, the requirements of the Youngstown ordinance will most likely conflictwith laws iimitingabank's rights prior to foreclosure. The expanded definition of a homeownerin theYoungstown ordinance actually sets up the city for potentially expensive and protracted legal actions. In fact, two years ago, the city of Chicago considered similar language in their ordinance, defin- ing lienholders as homeowners prior to foreclosure. Ultimately, they removed the language after listening to the concerns of the mortgage industry in this regard. IT DOESN'T FIX THE PROBLEM Third and finally, theworst enemy of vacant property is time, and the Youngstown ordinance seems to do nothing to address this. If the city of Youngstown really wants to protect the con- dition of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. That re quires a change instate law to accelerate vacant proper- ties through foreclosure. In Ohio, the foreclosure process can take two years or lon- ger, whether the property is occupied or abandoned. Even with the billions of dollars the mortgage industry spends annually across the country to inspect and maintain vacant properties, these homes will deteriorate as they await fore- closure. Many will be vandalized, losing value, becoming neighborhood nuisances and negatively impacting sur- rounding properties. When a property is deemed vacant and abandoned, accel- erating foreclosure would allow banks to obtain title while the property is still in good condition so that it can be sold and reoccupied more quickly. KEY CONCEPTS Mortgage companies and their agents who already secure and maintain abandoned propertiescould be penalized by a new Youngstown, Ohio, ordinance and forced to pay. For some, accelerated foreclosure is afar better alternative to vacant property ordinances. It can reduce the burden on city code enforcement officials and first responders to address nui- sance issues, It can protect the condition and value of vacant properties, especially those in fragile neighborhoods. And, perhaps most importantly, it can help maintain viable hous- ing for families, especially first -time home buyers and lower income people. Youngstown's leaders have demonstrated a progressive at- titude toward rejuvenating their city, There is a strong argu- ment that says they should continue to lead the way to protect homes and neighborhoods across Ohio by promoting legisla- tion designed to accelerate the foreclosure process for vacant and abandoned properties. n The requirements of the Youngstown ordinance will most likely conflict with laws limiting a bank's rightspriorto foreclosure. If the city really wants to protect the condition of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. Copyright 2013 by HousingWlre• 2701 Dallas Pkwy, Ste200-Plano,TX75093.469. 093. 1400 • HousingW ire.com-Reprintedhypermisslon JULYM3 ) HOUS1NGWIRE 69 ,Oki Ip . ?r • 1 • • HousingWi [e.com•RepFintedbypermission (0 1, _ r— C- q � P9 Ol��� COUNTY OF ERIE MARK C. POLONCARZ COUNTY ExE cUTrvE August 9, 2013 Buffalo Common Council City Hall 65 Niagara Square Buffalo, New York 14202 Attn: James N. Jackson Re: Erie Community College Dear Honorable Members: I am writing in response to #93 C.C.P. July 9, 2013 which relates to the proposed construction project at Erie Community College ( "ECC "). The Buffalo Common Council through a letter from Mr. Jackson requested that the Erie County Executive comment on the proposed resolution. When the Poloncarz administration came into office on January 1, 2012 one of the important items awaiting attention was the proposal to construct a new building to serve ECC. New York State had authorized this project and had appropriated its $15 million state share of the construction cost. In order to properly address this question, and at the request of the County Executive, Erie County and ECC jointly commissioned a study by the JMZ Architects and Planners, P.C. The study, Program Needs Analysis and Space Utilization Assessment (the "JMZ Report"), was issued on May 24, 2013. A copy is enclosed with this communication. The full report is also available on the Erie County Web site at http: / /www2.erie.gov /environment. JMZ is a consulting firm located in Glens Falls, New York, with a national scale practice that focuses upon the needs of colleges and universities, primarily community colleges. It was selected after a request for proposals process that involved a number of other national level firms. It was charged with determining the needs of the local economy for worker training and education, the resources and programs available at ECC, what ECC's role should be in worker training and recommendations on how best to proceed. They were specifically charged with recommending future programs to be offered by ECC based on current and projected community needs and student preferences. They were additionally charged with making a recommendation as to whether a new facility was warranted, and if so, the best location for it. In addition, JMZ was instructed to coordinate their work with the Regional Economic Development Council ( "REDC ") that had been established by Governor Cuomo in 2011 and was addressing similar issues related to the needs for workforce training. As you may know, the Brookings Institution and McKinsey & Company were both engaged by the REDC to help develop the regional economic agenda for Western New York, but especially as it RATH BUILDING • 95 FRANKLIN STREET • BuFFAI.o, N.Y. • 14202 • (715) 858 -6000 • WWwEPJE,GOv r ] { pertained to the City of Buffalo. Key findings of their reports included a very significant need to improve workforce training in advanced manufacturing and in the basic sciences, which recommendations have become part of the REDC's and Governor Andrew Cuomo's "Buffalo Billion" plan. JMZ met with representatives of the REDC and their consultants and was privy to their findings that include: • Manufacturing is the third largest sector of our economy by employment and the first or second by gross local product, a measure of wealth creation; • There are currently 55,000 workers directly employed in the manufacturing sector and perhaps another 6,000 to 10,000 in direct support jobs; • 17,000 manufacturing workers are likely to retire by 2020; and • There are an insufficient number of workers being trained to fill these jobs, thus threatening the future viability of this sector of our economy. Working through the REDC, a multi - faceted plan has been developed to address these needs. The plan provides for a continuum of training and educational opportunities for all residents of the county. Each component of the continuum will be part of the comprehensive approach that is being developed. Some of the key components include the Buffalo Public Schools, the Say Yes program, BOCES, ECC, the four year and graduate college and university programs in the area and the new REDC workforce advancement center. It should be pointed out that this approach is only possible because of Governor Cuomo's extraordinary commitment to the $1 billion for Buffalo initiative. The new ECC building is one component of this comprehensive approach. The plan also features a new work force advancement center to be operated by New York State in the City of Buffalo with training components to be provided by ECC staff. Though you may not be aware of it, this workforce advancement center was announced by New York and the REDC in early May of this year. The workforce advancement center opening is being fast tracked by New York State and it is likely that it will be opened in the City of Buffalo prior to the completion of the new ECC building. The JMZ Report recommends the development of a STEM (science, technology, engineering and math) building at ECC's North Campus. Although some space will serve health science offerings, the majority of space will be for STEM programs. The assertion made in the Council resolution regarding the building's primary purpose being health science and by those opposed to the project being sited at the North Campus is false. In fact, it is expected that a significant portion of the building will be dedicated to educating in the areas of advanced manufacturing — areas as noted above that are in high demand and for a sector of our economy which could be put at risk if we do not educate the next generation of employees to fill these highly technical positions. Demand for these courses is high and will expand on the current advanced manufacturing classes which are already offered at the North Campus. The recommendation to place the new building on the North Campus was only made after detailed studies about current and future space needs, locations of existing programs, enrollment trends, the needs of students and a myriad of other factors all detailed in the JMZ Report. The JMZ Report directly addresses the question of why the consultants recommend the north campus. Upon receipt of the report the FCC Board of Trustees and the Erie County Legislature each unanimously accepted the findings of the JMZ Report, have authorized the execution of a Memorandum of Understanding between ECC and the County and have identified the North Campus as a preferred i alternative. Additionally, the Erie County Legislature unanimously approved appropriating the County's $7.4 million contribution for the project for the specific use of a new building at the north campus. The County and ECC will now commence an environmental review of the proposal as required by state law. I hope this letter clears up any issues, and the falsehoods that have been spread, about the project. 5i rely you Richard Tobe Deputy County Executive it F 1 n m � r= a �X V" z 3 a, � E S l ` 1 24 May 2013 Space Utilization Assessment 24 May 2013 Erie County 95 Franklin Street - 16th Floor, Buffalo, New York 14202 Richard Tobe, Deputy County Executive Erie Community College Jack Quinn, President City Campus 121 Ellicott Street, Buffalo, New York 14203 North Campus 6205 Main Street, Williamsville, New York 14221.. South Campus 4041 :Southwestern. Boulevard, Orchard Park, New York 14127 Steering Committee Thomas Dearing, Deputy Commissioner, Erie County Economic Development and Planning William D. Reuter, Chief Administrative and Financial Officer, Erie Community College Dr, Edward Holmes, Associate Vice President for Academic Affairs, Erie Community College Jeffrey Zack, Senior Construction Project Manager, Erie County Department of Public Works Susan Woods, Managing Partner, Henderson Woods, LLC Prepared by: JMZ Architects and Planners, P.C. :190 Glen Street - P.O. Box 725 Glens Falls, New York 12801 (518) 793 -0786 ARCHfTELT$AND PLANNERS, PC . www. J MZa rch itects . co m Tenee R. Cosaccio, AIA, Principal -in- Charge Jean Stark, AIA, LEED AP, Project Planner Patricia Pietropaolo, Academic Planner Sarah B. Mojzer, AIA; LEED AP BD +C, Assistant Planner Overview Erie Community College (ECC) has been serving the residents of Erie County since the College was first established as the New York State Institute of Applied Arts and Sciences at Buffalo in 1946. Almost seven decades later, ECUs diverse program offerings have helped transform the lives. of countless students, helping them achieve their educational and career goals, setting them on paths to success. Given the economic challenges that face New York State and Erie County, the College has never been more important to the health and vitality of the region than it is now. A paradigm shift has occurred in the way people view two -year colleges. An important component in our government's recovery and growth plan, community colleges are recognized as our best hope to educate and train millions of Americans so they are qualified for the technology -based jobs of the future. Because two =year institutions are expected to do so much with so little, it is vitally important that these colleges utilize their space efficiently, offer academic programs that meet the needs of their business communities, and offer an affordable, accessible, high quality education to all the residents of their regions. In 2011, ECC, Erie County, and SUNY agreed on a $30,000,000 capital budget to construct a new academic building on the North Campus to support program growth and the alignment of. academic programs with regional workforce needs. New York State agreed to provide $15,000,000 and Erie County and ECC each provides! $7,500,000.. Little information was available to determine the programs that would occupy the new space, the adequacy of existing_ space, or the actual appropriateness of locating a new building of ECC North Campus. In 2012, the newly- elected Erie County Executive, Mark Poloncarz, the County, and ECC agreed that a detailed space needs analysis was required to examine the space and program needs of the College as a whole. The cost of the analysis was shared by ECC and Erie County. . During 2012, the Western New York Regional Economic Development Council (REDC) was developing the Buffalo Billion Investment Development Plan. As the Buffalo Billion plan took shape, collaboration between Erie Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 1 Figure 1.1 - Iconic Buffalo at City Campus • The recommendations included in this report are in alignment with the Buffalo Billion Investment Development Plan. Implementation of the ECC Program Needs Analysis and Space Utilization Assessment recommendations will position ECC to perform its valuable role in carrying out the regional workforce advancement strategies that are part of the Buffalo Billion Investment Development Plan. Major Findings • More graduates in science; technology, engineering and math (STEM) and technical programs will be needed. Like many other U.S. cities, the Buffalo Niagara region has a skills gap. The mismatch between the skills sought by employers and the skills of potential employees is a key hurdle to be solved. Currently, most degrees awarded to students in the Buffalo Niagara region are in liberal arts, business, education, and health. • STEM education extends opportunity to Buffalo Niagara workers at all levels. ECC has a role in preparing all workers for jobs and careers in STEM - related industries. There will be demand for professionals with advanced degrees, workers with advanced training, and skilled labor with two -year degrees or certificates. • ECC must be more competitive to attract the region's potential students. The Buffalo Niagara region will have fewer college -age people than its peer regions through the 2020s and 2030s, In recent years, ECC enrollment has decreased. Students are leaving Erie County to study elsewhere. Geography alone is not the deciding factor for students attending college. Programs offered, modern and attractive campus facilities, transportation, instruction delivery method, and schedule are important factors in students' college choices. • Industries such as manufacturing, trade and transportation, and utilities are expected to lose 20 percent of their skilled labor to :retirement as the Baby Boom generation ages. Jobs created in these sectors will be augmented by additional positions that will be created as workers retire. • ECC has existing programs in place that correlate with projected growth sectors of the economy. Independent reports (such as the Buffalo Billion Investment Development Plan) and data from the U.S. Bureau of Labor Statistics and the U.S. Census show that three industry sectors are poised for growth in the Buffalo Niagara region: Advanced Manufacturing, Health and Life Science, and Tourism. ECC City Campus programs prepare students to enter the workforce directly; ECC North Campus and ECC South Campus programs prepare students to transfer to four -year colleges and universities. • Advanced Manufacturing and Health and Life Science careers require STEM - focused academic programs. . Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 3 of Erie County. Improvements to ECC North Campus will improve students' college experience and may attract additional students who might have chosen to attend other nearby community colleges, such as Niagara County Community College. . To support programs atoll three ECC campuses.,: the College:'s.c.irculator transport system should be made more efficient. Travel time must be decreased, and frequency must be increased. Figure 1.2 - Proposed Location of STEM Building Partner in the development of a Regional Workforce Advancement Center in the City of Buffalo. ECC, in partnership with other area public and private sector organizations and educational institutions should be prepared to facilitate a cooperative, collaborative Regional Workforce Advancement Center in the City of Buffalo. The Center will bring under one roof many of the. College's two -year degree and certificate programs that lead directly to high demand jobs. Examples include Building Management and Maintenance and Energy Utility Technology programs. Recommended new programs to be offered by ECC through the Regional Workforce Advancement Center include Welding Technology and Supply Chain Management /Logistics, in addition to other regionally focused programs. Through collaboration and communication with the Buffalo Niagara Skills Partnership as a "skills broker," the Regional Workforce Advancement Center will help to expand education and job opportunities to displaced workers, the un- and under - employed, and underrepresented populations. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 5 -negional Overview 2 Economic History The City of Buffalo was originally surveyed for settlement in 1804. The village grew slowly, and was burned substantially during the war of 1812. Prosperity came to the City when efforts to improve its harbor were successful At that time, Buffalo was chosen as the western terminus for the Erie Canal. In 1822, Buffalo was incorporated and was on its way to becoming a center of business and industry in Western New York. During this time, Buffalo was the largest grain handling port in the world.' location remains one of Buffalo's assets. Access to the Cre.at Lakes, the St. Lawrence Seaway, rail transportation, interstate highway transportation, and a modern airport make. Buffalo an excellent location for business. Nearby Canadian cities are industrial and commercial partners, making Buffalo Niagara an international region with markets that extend beyond American borders. The region continues to benefit from its position as a major transportation hub. During World War 1, established labor and supply sources in Europe were unavailable. The resulting labor shortage and manufacturing boom created opportunities for women, immigrants, and African Americans to enter the workforce in U.S. industrial cities like Buffalo. Following the war, the boom continued as automobile, aerospace, chemical, and steel companies continued to thrive in the Buffalo Niagara region .2 The region has a long history of excellent educational institutions. The first public school in New York opened in Buffalo in 1839. Today the University of Buffalo (UB), founded in 1846, is one of 21 colleges and universities in the Western New York Consortium of Higher Education, which includes Erie Community College (ECC). 1 Priebe, H.J. (2002). Beginnings – The VWd9e of Buffalo – 1801 to 1832. Retrieved from http: // www.history.buffalonet.org 2 LoChiusa, C. (PA). History of Buffolo,:New York. Retrieved from http : / /buffoloah.com /h /histindex. html #Anchor 3 Priebe, H.J. (2002). The City of Buffalo —1832 to 1840. Retrieved from http://www.history.buf- fa lonet. org Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 7 A number of opportunities have converged and, taken as a whole, they provide the Buffalo Niagara region with a unique opportunity to move toward a brighter future through investments in education, the workforce, and business and industry. • The.Buffalo Billion Investment Development Plan is a recently unveiled pledge from the State of New York to contribute $1 billion in State funds to attract complementary private investment at a 5J leverage ratio to create jobs and spur sustainable, innovative economic activity. It identifies six specific strategies and initiatives that are tailored to optimize Buffalo Niagara's assets and opportunities. The Plan, designed to help set the region on a path to a thriving economy, is grounded in a deep understanding of where the region is today.and where it can go in the future. • Workforce development and education programs such as Say Yes! and Dream it! Do it! will help the region's youth in a variety of ways, such as providing training, emotional support, college tuition, and job opportunities. • The New York Deportment o Labor's One -Stop Centers are in place to help citizens find the programs they require to prepare for and find jobs. • Funding support from the Western New York Regional Economic Development Councils (WNY REDC) and industry partners may soon be available to do even more to help educational institutions align workforce training with targeted industry advancement. • As high tech companies - such as Albany Molecular Research, Inc. (AMRI) - move into the region, workforce preparation and employee skills training will be essential AMRI plans to start with 15 research jobs in Buffalo in 201.3, then add 75 jobs over the next five years. Private investments in the Buffalo Niagara Medical Campus from equipment suppliers and other drug companies, including AMRI, are expected to total $200 million. . ECC, Erie County, and SUNY have agreed to construct a new $30 million-academic building on one of ECC's campuses to support program growth and the alignment of academic programs with regional workforce needs. Therefore, ECC is well positioned to contribute to the region's growth. 8 D'Errico;:R.A. (January 7, 2013). AMRI relocating jobs from Washington lab to Albany, Buffalo. The Business Review. Retrieved from http: / /www.biziournals.com /albany /news /2013 /01 /07 /amri- relocating- jobs - from -wash iVon. htmI Erie Community College JMZ Architects: and Planners Program Needs Analysis and Space Utilization Assessment Page 9 and professional services sectors of the economy. Currently, the health services and professional and business services sectors drive the region's economy, providing one out of every four jobs. Manufacturing is an important component of the Buffalo Niagara economy, representing ten percent of all jobs in the region. However, manufacturing is changing as knowledge -based jobs shift production from traditional factories to high tech environments that often look more like laboratories. In fact, knowledge - based jobs are increasing steadily in the region and the nation. Over $500 million has been invested in the region since 1995 to increase technological capacities in the automotive, aerospace and defense, industrial chemicals, advanced plastics and polymers, and food processing industries. Potential future investments through the WNY REDC and the Buffalo Billion Investment Development Plan, along with commitments from local businesses and industry to grow their companies, bode well for the economic future of the Buffalo Niagara region. There are currently not enough local jobs for the number of people in the workforce.i° . Therefore, for the region to prosper, business and industry must grow to offer more job opportunities. For.e:very person retiring in the region, there could be as many as three persons looking to enter the region's workforce. Approximately 4,500 individuals with a high. school diploma or less, plus roughly 26,000 local college graduates could potentially be entering the workforce each year over the next ten years, while only about 10,000 people will be retiring annually during that some time period. However, the following industries, which employ a large number of older workers, are expected to actually face worker shortages, as they are expected to shed about one -fifth of their workforce in the coming years through retirement. • Manufacturing • Trade and Transportation • Utilities Already, about one in five hard -to -fill jobs (as reported by employers), is in the skilled trades, including machinists, sheet metal workers, and molding technicians. Utilities are anticipating a shortage of.workers, such as transmission, generator, and power shed technicians. Education and health services represent the largest proportion of older workers currently in the workforce. 10 New York Department of Labor (NYSDOL). Current Employment by Industry, Data for Buffalo. Niagara Falls, NY Metropolitan Statistical Area. Retrieved from hitp:/ /labor.ny.gov /siats /cesemp.asp. Nonfarm jobs in January 2011 : 530,300. Jonuary 2011 workforce was estimated to be 578,888 (U.S. Census 201 1 5 -year Estimate.) Nonfarm jobs reported by NYSDOL for January 2013 were 537,300. There is no updated estimate from U.S. Census for January 2013 workforce. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 1 1 While 20 percent of jobs in the region (109,802) are supplied by the 64 largest employers (those employing 420 people or more), the other 80 percent of regional jobs come from small and mid -sized firms. Small businesses will play a large part in economic rebirth since they account for nine out of ten companies in the region .12 Figure 2.5 shows that roughly 80 percent of the 25,139 businesses in the Buffalo MSA employ four or fewer people. Only 60 companies number more than 50 employees. For small businesses, expenses such as health care and employee training can be challenging. Those that have survived. the recession, however, are well positioned to grow during a recovery. Figure 2.5 - Business Sizes in the Buffalo Niagara.MSA 162 Businesses Only 60 companies 1,090 Businesses have 50 or more employees. A 1 -4 Employees ® 5 -9 Employees IN 10 -19 Employees 3,314 Businesses B 20-4 9 Employees X50 99 Employees ® 100 249 Employees r4250-499 Employees ta 500 -999 Employees Educptiona1.Attainment in the Region Residents of the Buffalo Niagara MSA aged 25 -64 are more educated than 25 -64 year -olds in the nation. In the U.S,, 60.2 percent of the population has some postsecondary education compared to 64.2 percent in the Buffalo Niagara MSA (Figure 2.6). 14 12 Buffalo Niagara Enterprise and the UB Regional Institute (2011), Buffalo Niagara Labor Market Assessment 2011: Who's Your Economy. 13 ReferencaU5A. (2013) Retrieved from User Account on http: / /refusu.suJs.edu /gle/ 14 U.S. Census Bureau. (2010). Buffalo Niagara MSA and U.S.. Retrieved from http : / /fact- finder1census.gov Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 15 Small businesses on Buffalo's Chippewa Strip. Image retrieved from http: / / www.cyburbia,org. Image taken by Cyburbia contributor "Dan" in June, 2009. The unemployment rate of people who have completed some college or have a degree is less than or close to their share of the population.. This indicates that having some college education is a benefit for job seekers. In addition to postsecondary education attainment, a student's program of study is also important. At present, over half of all college degrees granted by Buffalo Niagara colleges and universities are in four fields of study: • Business • Education • Health Sciences • Liberal Arts The region will need workers who are well educated in the fields of science, technology, engineering, and math (STEM) to remain competitive in the knowledge - based economy and the global marketplace. Workforce Training The most significant problem facing the region's employers, now and in the coming years, will likely be the mismatch between the skills of the available workforce and employers' job skill requirements. While many Buffalo MSA residents are well- educated, a significant challenge involves keeping the workforce up -to -.date in the skills most sought after by local industry. Low - skilled and entry level workers often need specific training in soft skills required in the work environment, such as time management basic computer use, and inter - personal communication skills. Less - educated members of the Buffalo MSA workforce suffer a higher rate of unemployment than more educated workers, which further emphasizes the need for targeted training. The Buffalo Niagara region is fortunate to have the 21 higher education institutions in the Western New York Consortium of Higher Education (see Figure 2.12), along with proactive non- profits and industry partners such as those listed below, working to advance economic prosperity and workforce training: • BOCES • Buffalo and Erie.County Workforce Development Consortium, Inc. • Buffalo Employment and Training Center • Buffalo Urban League • Catholic Charities • Charter School for Applied Technologies • Community Action Organization of Erie County, Inc. • Educational Opportunity Center • Everywoman Opportunity Center • Job Corps Liberty Partnerships Programs . Local Chambers of Commerce • Metalworking Institute of Western New York, Inc. 16 Buffalo Niagara Enterprise and the UB Regional Institute (2011). Buffolo Niagara Labor Market Assessment 2011: Who's Your Economy. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 17 Figure 2.12 - Higher Education Institutions in Western New York U i�ry .. - O F r� GCC Abion f O NCCC Campus Medina Campus Campus G NIAGARA ONiagara University ORLEANS NCCC Niagara Falls Cuinary Instituta N. ., Buffalo Colleges and Universifies: GENESES GCC O Buffalo State College Batavia P� Bryant and Stratton College Co Mpus Conisius College k Doemen College Ecc city' s D'Youvilte College Cmip119 Empire State College, SUNY, 1 ti.g. s Niagara Frontier 1_ACKAWA - - -- r Erie Community College +i , - 6 Hilbert College r5 g3� :1:6C e r GCC O t# Medallle College ems" Warsaw WYOMING Campus Trocaire College University of Buffalo, Villo Mario College CATTARAUGl�S RES s GCC... Arcade ' „ .. Campus '. .. �. Houghton.. . . JCC College North County Center O SUNY Fredonia. AtLEGANY Alfred State SUNY College Technology O CHAUTAUQUA CATTARAUGUS of Alfred University O 3CC - O JCC Caffar Comp iugus s County Jamestown Campus . St. Bonaventure University O JMZ Architects and Planners Erie Community College Program Needs Analysis and Space Utilization Assessment Page 19 ntroduetion ffhl,ata ,re the duo ,rkfo ee The Buffalo Niagara region has largely transitioned into a knowledge -based "ee�S ofthe i*egrOn economy, along with the rest of the U.S. In an agricultural economy, land is the key resource. In an industrial economy, labor and natural resources, such as iron ore and coal, are the primary resources. In a knowledge- based economy knowledge is the keyresource. A knowledge -based economy is so fundamentally different from the resource -based system of the last century that conventional education must' be reexamined. The knowledge -based workforce must have the ability to access and process large amounts of data, think critically, communicate well, and continue to learn new skills on the job as technology changes. Educational prograrris The shift to a knowledge economy is also demonstrated by the change in the ihdt successful meaning of the word "labor" as it applies to producing goods. As innovative y production methods transform the workplace, physical labor represents less meet the ►aids etf of the value of a product. In its place, specialized product development, nekecOflol�t design, marketing, and back office labor add value. Educational programs kt �fl foster ski %fs, i►r that successfully meet the needs of this new economy will foster skills in crr`tiical th!nk�nq, critical thinking, data analysis, and team building. dl7df d dlfrpl t�pllt bu�Iing. ; t The Workforce In addition to the changing workforce needs associated with the shift to a knowledge -based economy, the Buffalo Niagara region must also address the same workforce challenges that many other American cities will face in upcoming decades. These . relate to the a.gi.n.g :population, the: need for workers to remain: current with ever- changing technology, and the skills gap that results from :a :mismatch between educational programs and workforce needs. . An Aging Population The population of the U.S. is aging, The U.S. Census Bureau reported in 2010 that the dependency ratio, or the number of people 65 and older Erie Community College JMZ Architects: and Planners Program Needs Analysis and Space Utilization Assessment Page 21 The near -term effect of an aging population coupled with the recent economic down - turn, is that older people represent a bigger share of the workforce. However, when the Baby Boom generation eventually retires there will be a shortage of workers in some fields, especially in the areas of education, manufacturing, trades, and utilities.. A Workforce in Need of Retraining Current workers in many fields will require retraining, or up- skilling,: to remain effective in their jobs. The cost, in terms of time and money, to retrain these workers in areas such as new production methods and the use of new technologies presents a significant challenge to employers. The speed at which technology changes will only increase, exacerbating this challenge as employers endeavorto retain and retrain current'volued employees and find new ones with up -to -date skills. The Skills Gap Like much of the U.S., the Buffalo Niagara region has a skills gap. _High school graduates . who elect to enter the workforce without postsecondary training often lack soft skills, such as problem solving and inter - personal communication, which could make them less attractive candidates for entry level positions. General workplace skills training, such as computer literacy, etiquette, writing, speaking skills, and time management, is essential. While the regional population is well educated, some of the most popular postsecondary academic programs prepare graduates for jobs that are not available. Therefore, higher education institutions, particularly community colleges, must shift academic offerings to match current and future workforce demands. Strong, ongoing partnerships between industry and educators will benefit the region. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 23 www.mounrvernon news. corn The New York State Department of Laborforecasts declines in manufacturing, logistics, and advanced business services in Western New York through 2020. However, if business development and workforce preparation efforfs are successful, the region could see an upswing in advanced manufacturing. This discrepancy may be attributed in part to the historical definitions of manufacturing versus what is now thought of as advanced manufacturing. Paul Fowler, from the National Council forAdvanced Manufacturing, defines advanced manufacturing business as entities: ... that make extensive useof computer, high precision,and information technologies integrated with a high performance workforce in a ..production system capable of furnishing a heterogeneous mix of products in small or large volumes with both the efficiency of mass production and the flexibility of custom manufacturing in order to respond rapidly to customer demands.' This broad definition shows the challenge of applying historical data to emerging industries. The U.S. Census Bureau, the Bureau of Labor Statistics, and other data - gathering institutions have used standard codes, such as the Standard Occupational Classification (SOC) and the North American Industry Classification System (NAICS), to group jobs and industries for the purpose of statistical analysis. However, certain industry sectors are changing so rapidly that the standard codes are not good matches to the new job types that are being created. For example., section 51 of the SOC lists "Production Occupations" including such varied jobs as aircraft structure assemblers, fiberglass laminators, butchers, CNC machine tool programmers, and hundreds more. Because of the broad interpretation of occupational categories and industry sectors, data must be carefully considered before drawing conclusions. Health and Life Sciences The Health and Life Sciences sector includes service- oriented and production - oriented professions, Service- oriented health occupations, which include doctors, nurses therapists, and laboratory technicians, are in demand due to the aging :population. Production- oriented science occupations . are aligned with advanced manufacturing, and include jobs that involve developing pharmaceuticals, designing and producing medical equipment and supplies, and medical research (to name a few) . Buffalo Niagara life sciences companies, such as Albany Molecular Research Inc., and New York state initiatives, such as the Center of. Excellence in Bioinformatics and Life Sciences, represent a substantial .commitment and investment in the region. Investors, industry leaders, and .research institutions recognize the benefits of growing their business in the buffalo Niagara MSA. The region's history of scientific and medical innovation, coupled with its strengths in industry and logistics, make it a natural fit for life sciences businesses. 5 White Papers on Advanced Manufocturing Questions, Dro#Analysis, Science and Technology Policy Institute; Prepared for the President's Council of Advisors on Science and Technology's Study on Creating New Industries through Science, Technology, and Innovation. Retrieved from http: / /www. whitehouse.gov /sites /default/ files /microsites /osip /advanced- manuf- opers.pdf 6 WNY Regional Economic Development Council. (February 2013 The Buffalo Billion Investment Development Plan, p. 14: h, Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 27 Tourism Tourism development in the region will focus on enticing visitors to enj( attractions throughout the region, including Niagara Falls, encourogir them to stay longer and visit all. of the area's cultural treasures. Most visito to the Buffalo Niagara region stay for the day. If visitors extend their stay they can enjoy many Erie County historic sites, museums, and outdo( activities. Figure 3.5 . 8 f 18 .. Fared Lawn SOURCE`. Visit t3uffat0 Niagara ... Targeted advancement in selected tourism sectors could result in the creation of entry-level jobs in areas such as hospitality, retail, transportation, galleries and museums, parks and recreation, and historical tourism. 8 Adapted from Buffalo Billion Plan, p. 16. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 29 $#ze a buehla ='Agaual visdars � of $tti'dCt1411 1, Niagara Fels State Park. 2, Buffalo Olmsted Parks 3. Ralph Wilson Stadium 4. Canal side 5, soffalaZoo Buffalo Museum of Science T Albright Knox Art Gallery 6. Buffalo Erie Courity Botanical. Gardens i i R. NiacgaraVVirieTrail LIM 1D. '.National Garden Festiva 11. (aid Fort Niagam 12. Buffalo & Erie County kistorical Society. E 13, Prank Lloyd WrightsMaitlo y House Complex 14. The000ra RooseVelt National ftisoric Site { N^ 15: Buffalo Sailing Adventures 113: Buffalo TronsportationlPieroe i Arrow Museurn IT Frank Lloyd VVdoht's Graycliff. Estate 18 .. Fared Lawn SOURCE`. Visit t3uffat0 Niagara ... Targeted advancement in selected tourism sectors could result in the creation of entry-level jobs in areas such as hospitality, retail, transportation, galleries and museums, parks and recreation, and historical tourism. 8 Adapted from Buffalo Billion Plan, p. 16. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 29 Erie Comm unity College Students and Programs Regional Demographics The percentage of high school graduates who go on to college has been increasing as. more jobs require a post- secondary education. This is true across the notion and in the Buffalo Niagara MSA, where more residents are enrolled in post- secondary school (by percentage) than in other communities. The Great Recession highlighted the advantage that college graduates :enjoy throughout their lives in terms of employment stability and earnings. These trends may buffer ECC enrollment from the projected decline in population in the Buffalo Niagara MSA (Figure 4.1). 66 percent of ECC students are under the age of 24. As more people become aware of the benefits of community colleges, what was once a "fall -back option" may become the first choice for obtaining a college education. Figure 4.1 - Age Distribution 2015 -2030 in Erie and Niagara Counties' Erie 0 4 52,052 51,725 1 49,449 46,391 1 -10.9% 5-9 49,673 ( 52,294 ( 51,736 49,424 -0.5% 10 14 53,287 49,565 I 51 ; 51,058 -4.2% 15-19 58,370 54,343 50,941 52 618 9 9 %° - j 20 24 :; 64,473 57;228 54,1 18 51,263 20 5% 25 29 61,825 .._ 58,098 51,573 I 44 045 20 7% F30-3 3529 1 56,629 49,843 59,379 ; 55,725i� 55,750 57,776 49,581 1 54,209 -12.4% 8:$ Niagara 0 4 11,$52 11,655 11,069 1 10 360 12.6% 1 1,679 1 1,882 1 1 630 11,039 5 5% 110-14 i_ 12,472 f 11 672 11 11,51T „ -7.7% _........ ,1519 13,228 '12317 11,568 11,623 20 24 13,786 12,052 11 10,665 - 22 6% -- 25-29 1 13,064 12,720 t 11,151 j 10,562 j -19.2% X30 34 i 12,340 12,865 i.. 12,428.., X0,927 ._.l 11.5% )35 -39 t 11,883 12,581 I 12,9.72 12,476 _. 5:0% 1 Source: Cornell University College of Human Ecology http: / /pad.humon,cornell.edu /counties /pro- jections.cfm Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 31 Figure 4.3 - Postsecondary Enrollment IT 0.00% ,.._.. United States Buffalo Niagara MSA During the 2011 -2012 academic year, ECC's North Campus saw steady enrollment, South Campus lost students after the recession and currently has a smaller enrollment than it did in 2006. Between 2006 and 2012 City Campus grew the most (by percentage) and peaked in 2010, but remains the smallest of ECUs campuses (Figure 4.4). Moderate enrollment growth of about I % per year is projected through 2020 across the three campuses. Comparison to the other SUNY.community colleges (Figure 4.5) reveals a similar trend. Figure 4.4 - Enrollment Projections on ECC Campuses' 6,000 5,500 5,000 Historical Data Pro'ections 4,500 4,000 3,500 3,000 2,500 2,000 1,500 . 1,000 F06 F07 F08 F09 F10 1`11 F12 F13 F14 F15 F16 F17 F18 F19 F20 Combined North ih South City 4 Data Source: Erie CC Comparative Trends for AAFTE Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 33 Figure 4.6 - SUNY Colleges and Universities Attended by Erie County College Attendees W n Enrolled in SUNY System V ° -o ■ Buffalo Univ. - 13 students co0� ■ Erie - 12,956 students ■ Buffalo State - 8,935 students ■ Niagara County - 1,834 students M Fredonia - 1,617 students I M Empire State - 672 students . Brockport - 670 students 30.34 ■ Geneseo - 589 students ® Genesee - 433 students Oswego - 281 students ® Alfred State - 279 students Cortland - 203 students Binghamton - 197 students 3 0 . 08% Albany - 168 students attended rd Potsdam - 118 students Cornell Statutory - 109 students M Monroe - 101 students Other - fewer than 100 students /campus Figure 4.7 - ECC Students` Counties of Residence r ■ r , JMZ Architects and Planners Page 35 N O N IL y. d _ c E = v O ° V Q a W Erie 12,856 92.0% Niagara 488 35 % Cattaraugus 81 0.6% Chautauqua 75 0.5% Wyoming 62 0.4% Genesee 58 0.4% Orleans 10 0: Allegany 3. 0.0% All Others 357 2.5% JMZ Architects and Planners Page 35 Commuting Patterns More students who live in the City of Buffalo commute to North Campus than attend the City Campus. Many municipalities have more residents commuting to North Campus than attending their nearest campus.i° Public transportation offers access to all ECC Campuses; however, some of the trips are time- prohibitive. The ECG Circulator is a dedicated bus lire serving only the ECC campuses. Currently all ECC Circulator trips between North Campus and South Campus go through downtown Buffalo; the trip takes over an hour.'' Figure 4.9 - Municipality of Residence and Campus Attended County Municipality of Residence ... Campus Attended Total City North South High School Cross - Enrolled Erie Buffalo 2,465 2,994 995 69 70: .. . 6,593 Lancaster 43 381 80 4 2:.: 510 Tonawanda 71 1 363 36 69 1 54.0 Qepew 34 244 51 5 334 E. Amherst 12 198 12 6 1 229 Cheektowaga 56 196 57 89 2 400 Wiliamsville 17 174 16 10 3 220 Amherst 25 158 1.3::.: 19 4 219 Hamburg 61 124 444 70 6 705 Clarence 8 103 11 15 1 138 Kenmore 34 91 5 50 1 181 Orchard Park 30 89 267 31 3 420 Alden 7 77 20 13 2 119 West Seneca 3.6 77 179 29 3 324 Grand Island 22 67 10 28 127. E. Aurora 14 63 113 13 203 Elma 7 46 67 1 121 Angola 21 34 80 10 1 146: Lackawanna 29 . 32 103 3 167 Lake View 10. 29 77 3 119 Eden 14 25 81 17 137 Niagara Lockport 11 100 23 . 7 141 N. Tonawanda 4 6 1 1 12 Niagara Falls 43 60 13 5 1 122 10 ECC F2012 Student List 1 1 Google Transit.— Oked directly from Niagara Frontier Transportation Authority -- retrieved from Web 3 -11 -13 Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 37 - m o D cc CD Q 0 3 3 Z 3 m c CD Q 3 n t? o CD ca y Q Q_ Cn Q n rn C Q 0 CD 3 m 0 N Non- Matriculated O V Liberal Arts & Sciences [Day Format] 3 rn Liberal Arts & Sciences: Humanities & Social Science _ Nursing ° Business: Business Administration rt ... .. .... v CD Criminal ustice 3 a a ' Surgical Technology � O Q O Q Radiologic Technology ID 3 3 Fli FA Human Services (D Culinary Arts o m m Q Lib Arts & Sci -Math &Science 3 co Q Q o Digital Media ... rm s n Bo king & Pastry Arts C] n M n Computer Information Systems Q Q Animal Management o @ ono rn n n Public Communication Audio Recording &Production Computer Aided Design (Cod): Mechanical, Process Piping, &. ... Sport Management N Physical Therapist Assistant n Physical Education Studies _ T fP J Q N � w C) o n 2 _ r� a T o �+ m 3 rt s C } fl y . V' t M � A I � C 3 N CL M 3 O Z A A n v n T 4 �n ID z �C O � fl f:z00 3 co CD 3 C] n M CL o @ ono z�= a C .2 . >Q HCD o fP J Q N � w C) o n 2 _ r� a T o �+ m 3 rt s C } fl y . V' t M � A I � C 3 N CL M 3 O Z A A Figure 4.14 - City Campus Students' Residences Density Map . v..'. IAUAMA flARA LLS 4VHEATEIELf7 AEN ON - ALABAMA WANDA. RES KVATION �F�QjliH ONPWAN0 Yr ISLAND A F1 CiARENCE KR z � A1fERST PEMBROKE a NEWSTEAn 0ainpus R£P LAN¢ASY £R ALREN OARIEN � TOWA4� ELMA - TSARILLA BENN INGTON L SE7K C�rhpu AI '! ` 4 . . ORCHARD PARK : AURORA - - WALES sHEER'oN NAM 9U RG� EDENBOSTON COLOEN HOLLANR - JAVA 5' .. . BRANT . 'NORTH COLCIN$ ppNCORO SARDINIA ARCADE TARAUGUS RF JbN co�ilNS STUDENTS PER SOIJARIE MILE ERIE COMMUNITY COLLEGE -CITY CAMPUS FALL 2012 PERAV5819RQ O $ Cp EAST DAVtO.N .PERSIA. Erie Community Go:llege JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 43 Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 45 Campus Locations and Program Locations The distance students must travel is always a concern when dealing with multi- campus colleges. Roughly 65 percent of all students taking courses at ECC are enrolled in Liberal Arts, Business, Criminal Justice, or Physical Education Studies programs or are non - matriculated students. These programs will. continue to be available at all three campuses so they are readily accessible to all ECC students. The consolidation of other programs may result in some students traveling to an ECC campus that is not the closest one to their home, but students do that now, as was discussed in the Students and Programs section, The map and tables shown in Figure 4.18 illustrate the distance between the campuses in terms of miles and travel time. The diameter of fhe colored circles represents a 30-minute drive from each campus. All three ECC campuses are within a maximum 25- minute drive time of each other and all are served by public transit buses. The ECC Circulator bus route between the North and South Campuses takes approximately one hour because it goes by way of the City Campus. If it becomes necessary in the future, the College could consider adding a direct Circulator route between the North and South Campuses. Figure 4.18 - 30- Minute Drive Distances from ECC Cmpuses F a < 30= Minute drive from North Campus North Campus City Campus Qccc . 19 GCC Nhion North Campus Campus i O NCCC Com W - Coinpos: t RA u "� N zl rlS+ee�v� y a ORLEANS 25 0 1• e GCC dCpm - Driving Minutes City Campus North Campus South Campus City Campus 0 19 17 North Campus 19 0 25 South Campus 17 25 0 ECC Circulator Minutes City Campus North Campus South Campus City Campus 0 x1 sE GENESEE GCC 25 0 62 South Campus. 30: 62 0 GCC dCpm - y q f IRA- ECC Circulator Minutes City Campus North Campus South Campus City Campus 0 25 30 North Campus 25 0 62 South Campus. 30: 62 0 Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 47 GCC Warsaw' WYOMING a 30- Minute drive from: t South Campus .k � CATYA�Jil1GU5 Af5 - GCC dCpm - y q f us 0 Hooghton - e' )cC O i CaElege - _ _ North Con nly Center O SONY Fn:donEa - ALLEGANY Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 47 Figure 4.21 Residences of Students Enrolled in CNC Precision Machining 1Vigar.' t C�ranld Island. Aml #erSt Claren� �; Cttc I?r���s �; a, M�o�rn�ng a ,. A. § AL G yl ta6 Land AL Mori auHara - _- 1=lma t it E .r� ✓ C k{ 5 p Hambu , Ay. - AWOr$'_ Wates I Oreh0K# Park ry O: gvana cfen= 8o ton `; Colde�a ` Hot #acrd grant :North Copins . Sardlriia C�incord - . :Students Enrolled in CNC Precision Machining n. a 3 a .s a ya . :: .. .. -.: Mires Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilizotion Assessment Page 51 Figure 4.23 Residences of Students Enrolled in Dental Programs: Map brand Ind Ie�renCe Aheit Newst&d 9.1 ?oo Mild DenialAsrsfls` >~. #r _ bettId Hygi e M� n:ti . G' lctQW Laneaster Alden >r + i9tifi'a1a I r f { ! t E � M - I E h Niaitiila DerXtal La Qrafory �0! Ow- Y, Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 53 Figure 4.25 Residences of Students Enrolled in Energy Utility Certificate .. aj gY s o Iw O flh V �rflO�AfB Aldan b A Buffalo iRVQL1l41N - Elms Nlariils Al n -� 09 ! Harnbur flCOhard Pe Erians Eden Boston. Cblderi Holland t3rar�t North Col ons .' Sardiq a Concord Students Enrolled in Energy Utility 'techinology. Certificate Pragrnrn fl 1 2 4. 8.. A 1Q _ M�ea Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 55 Alignment ofEl Community Cofiege Programs with Regional Workforce Needs Higher Education's Role in: Preparing the Workforce The demand for workers with postsecondary qualifications is tied more closely to occupations and the skills they require than to specific industries.' This is an important distinction as we shift the discussion from growing industry clusters in the Buffalo Niagara region to the educational programs that are needed to provide workers for those clusters. Occupations have similar educational requirements regardless of the industry they are in. For example, accountants perform comparable tasks whether they are working for a hospital or an advanced manufacturing company — and the training required to do the work is basically the same. Industries, on the other hand, are made up of all kinds of occupations some that demand college degrees and some that do not. For that reason, it is often difficult to align the workforce needs of industry clusters with specific educational programs. In the advanced manufacturing cluster, for example, workers with advanced degrees in Chemical Engineering are needed, but so are workers with certificates and /or Associate's. degrees in skilled production occupations, such as precision machinists and industrial repair technicians. Georgetown University's Center on Education and the Workforce divides occupations into the following nine major clusters, which range from blue collar occupations to the Science, Technology, Engineering, and Mathematics. (STEM) occupations. • Healthcare Professional and Technical + Managerial and Professional Education Office + STEM • Healthcare Support • Community Services and Arts . Sales and Office Support • Food and Personal Services + Blue Collar I Anthony P. Carnevale, Nicole Smith, Jeff Sirohl; Help Wanted: Projections of Jobs and Education Requirements through 2018, June 2010, Georgetown University Center on Education and the Workforce. Retrieved from http: / /www9,georgeiown.edu/ grad/ gppi/ hpi/ cew/ pdfs /HeIpWonted.ExecitiveSummary.pdf Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 57 categories. For example, day laborers would fit into the lower bar of Blue Collar workers, while precision machinists are. captured in the Blue Collar segment of the upper bar. It will be the knowledge -based jobs associated with the upper bar that will do the most to spur economic growth in the region. A primary distinction between the two bars, besides level of education, is pay scale. Individuals without a postsecondary education can usually expect to earn less than those that have acquired additional training, even if just at the certificate level. It is also important to note the number of jobs that will be available - roughly 60 million jobs for those with no college experience vs. approximately 100 million jobs for workers with a postsecondary education. The Buffalo Niagara economy currently mirrors that of the nation fairly well, so a similar breakdown of job opportunities can be expected. Figure 5.1: National Opportunities for Workers in 2018 based: on Education Postsecondar educations j6 a in 201 10.1 millio High sehool an dropout job in 201 61 millio 0 .20 40 60. 80 100 in )1iiliions Managerial and professional office STEM Community services and arts Education FEealti�care " i=oodand personal services Sales and office support Blue collar The 21 higher education institutions in the region produce approximately 26,000 graduates each year. Over half of all college degrees granted by Buffalo Niagara's colleges and universities in 2007 -2008 were in four fields of study: Business, Education, Health, and Liberal Arts, as shown in Figure 5.2. In order to provide the type of skilled workers needed to support growth in the Advanced Manufacturing and :Health and Life Sciences sectors, more students need to be encouraged to go into STEM and Blue Collar (production-machinists, welders, and inspectors) occupations. Z iota. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 59 Figure 5.3: FCC's Role in Regional Workforce Advancement Job Levels Education/Training Education/Training Required Providers The bar on the for right signifies the continuum from the Buffalo Niagara Skills Partnership proposed in the Buffalo Billion Investment Development Plan, to the Buffalo Niagara Institute for Advanced Manufacturing Competitiveness, also identified in the Buffalo Billion Plan. The former focuses on aligning education and training programs with the skills and careen paths required for high- demand jobs, training entry -level workers and rapidly up- skilling existing workers, and encouraging and providing Erie Community College JMZ Architects. and Planners Program Needs Analysis and Space Utilization Assessment Page 61 Value of the Transfer Degree In fall 2012, 373 percent of ECC students were pursuing a Liberal Arts degree, many with a specialty, with the intent of transferring to a four -year :. institution. Many students. enter ECC without a defined career path. The two - year Liberal Arts degree provides a solid base for transfer to many different . degrees at a four -year institution without.the loss of college credit or time to degree. The two -year Liberal.Arts degrees offered at ECC parallel the first two years of a four -year program at both a reduced cost to the student and with faculty who are dedicated to the success of their students. Four -year SUNY colleges accept the transfer students with: junior status, which gallows them to progress to graduation with::a. Baccalaureate degree in two years of full -time study. Math or science A.S.degrees are particularly beneficial for transfer to STEM four -year degrees. Students studying liberal arts acquire .a strong background in math and science, preparing them for transfer into science, technology, engineering, and math (STEM) programs.. Many of ECC's students graduating from math and science liberal arts programs who go on to four -year colleges and universities will eventually become the scientists, engineers, managers, and technicians the region is counting on to lead the area's economic recovery. Other students who: concentrate in humanities, education, social science, the arts and general studies have the underpinnings for careers in management community..services and arts, sales and office support, personal services, education; tourism, banking, real estate, human services, drama, music, economics, government, and more. In addition to ECC's strong Liberal Arts offerings, the College's current academic program array provides students with: a variety of educational pathways to careers in Engineering and Technologies (STEM programs), the Health Sciences, and Business and Public Service. Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 63 workers are also competing for these jobs. In other SOC categories, such as protective service occupations, the number of ECC students enrolled exceeds the job projections. Management, Business and Financial Operations, Office and Administrative Support These. occupational classifications represent opportunity for ECC students because jobs in these fields offer chances for advancement and good pay. Based on industry development strategies for the Buffalo Niagara MSA, specialized management and back- office professions will be in demand to support emerging industries. Computer and Math, Architecture and: Engineering Currently ECC has more students enrolled in these programs than jobs projected to be available by NYSDOL. These occupational classifications include STEM careers, so they are likely to grow (in targeted sectors) if industry development efforts are successful. Life, Physical, and Social Sciences While only modest opportunity is shown in Figure 5.4, if industry advancement efforts are successful this occupation classification will see substantial growth. In addition, the aging population and increased demand for medical innovation will drive consistent job availability in these occupations. Community and Social Services Occupations Occupations in this category could increase as a result of the aging baby boom generation's need for assistance In addition, there will be replacement jobs available due to retirement. There. more jobs projected in this category than students enrolled in related ECC programs. Education,: Training, and Library This occupational classification appears to show quite a bit of opportunity. However, specific occupations in. this category, such as librarians and elementary school teachers, do not anticipate sufficient growth to employ all currently enrolled students in WNY colleges. Healthcare Practitioners and Technical Occupations, Healthcare Support Occupations Healthcare Support occupations provide specialized labor to support Healthcare Practitioner and Technical occupations. Employees that start in Healthcare Support could continue their education to .qualify for jobs in Healthcare Practitioner and Technical occupations. Industry development efforts could drive growth to exceed NYSDOL projections. In addition, the aging population and increased demand for healthcare will drive consistent job availability in these occupations. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 65 Erie Community College JMZ Architects. and Planners Program Needs Analysis and Space Utilization Assessment Page 67 2,000 3,000 . 4,040 5,000 Science, Technology, Engineering & Math (STEM) The definition of STEM - related occupations varies widely, e.g., Life Science Technician, Chemical. Technician, Web Developer, Food Scientist, Aerospace Engineer, and Physicist, to name a few. One of the more inclusive lists of STEM professions, developed by the Praxis Strategy Group, consists of 93 occupations that are divided into the following eight categories.' The complete list may be found in Appendix A. • Computer Specialists • Mathematical Science Occupations Engineers • Drafters, Engineering, and Mapping Technicians • Life Scientists • Physical Scientists • Social Scientists and Related Occupations • Life, Physical, and Social Science. Technicians It is worth noting that this definition includes technician jobs that typically require two -year degrees, which are often overlooked in the STEM conversation. As discussed in the Regionol Workforce Needs section. of this report, STEM - related industries in the Advanced Manufacturing and Health and Life Sciences sectors will need an influx of workers to support anticipated regional growth. Georgetown University's Center on Education and the Workforce predicts that by 2018, 92 percent of STEM workers will need a postsecondary education and that 65 percent of STEM job openings will require at least a Bachelor's degree .5 The Center indicated that while this reflected the value of a four -year college education and beyond, not enough attention is being paid to the 35 percent of STEM jobs that will require only a certificate or Associate's degree. An Associate's degree, or even a certificate, will be able to open doors to opportunities in a .wide variety of high - demand occupations.. Individuals with a STEM -based education can work in a variety of businesses and industries, :such as professional services, health care, precision manufacturing, advanced materials, and finance and insurance. They can work as health care technicians, teachers, farmers, top -level managers: in the private or government sectors, and even writers and artists. According to the U.S. Census Bureau, people with an Associate's degree in a STEM field earned more in 2009 than those with a Bachelor's degree in education or liberal arts." In a knowledge -based economy, a STEM education positions an individual for success in many different industries. 4 The Praxis Strategy Group, a growth strotegy firm, has co- written the U.S. Chamber of Commerce's "Enterprising States" report for the last two years. 5 Mangan, K. Community Colleges Respond fo Demand for STEM Graduates. (February 2013). The Chronicle of Higher Education. Retrieved 13 Feb 2013 from htfp:// chronicle .com /articly/Work- Force- Demand- for - STEM /137231 / ?cid =cc 6 Koebler, J. (February 2012). STEM Associate's Degree Pays Better Than Liberal Arts Bachelor's. U.S. News. Retrieved 4 March 2013 from http: / /www.usnews .cam /news /biogs /stem- educa- tion/2012/02/24 /stem- associates - degree- pays - better -than- liberal - arts - bachelors Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 69 an Associate's or Bachelor's degree, students are prepared for jobs with companies engaged in the following: agriculture and food research, pharmaceutical research; medical device manufacturing; and biotechnology research. While ECC does not offer an Associate's degree. in. Life Sciences, courses students take within the liberal arts programs position them for transfer to four -year institutions. While the largest regional growth is anticipated in the areas of medical devices, pharmaceutical. and medicine manufacturing, and scientific research and development services, there will also be a. significant need for workers in the areas of home health care services, ambulatory health care services, and outpatient care: Whichever health science program ECC students choose to enroll in, they will gain essential knowledge and skills to enable them to succeed as a contributing caregiver entering the workforce or with the competencies required to succeed as a transfer student in a Baccalaureate program. Tourism According to the Buffalo Brillion Investment Development Plan, two segments of the tourism market show promise for growth in the Buffalo Niagara region: . • Cultural /heritage lhistoric sites and museums) • "Soft" outdoor adventure (outdoor activities, such as biking,. hiking; backpacking, and. nature tours) ECC's current certificate and career programs align most directly with traditional occupations in the Tourism sector, such as chefs, bakers, cooks, and apprentices in hotels, restaurants; and casinos. In addition, other ECC programs offer training that could lead to jobs. in the proposed growth segments of the Tourism sector. Graduates of the.:Business Administration, Communication and Media Arts, Physical Education Studies; and Liberal Arts programs could find a niche in the Tourism industry; The College's Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 71 The College regularly assesses its academic program array to determine the viability of each offering. ECC plans to deactivate the following programs, either because they are being transformed into another program or due to low enrollment: • Financial Services, Certificate • Geographic Information Systems • Recreation Leadership (deactivated 2012) • Web Network Technology ECC Partnership Programs Are improvements ECC has long been a leader in workforce development in the Western New required a current York region. The College has formed beneficial partnerships with several offerings that Would area businesses to create pathways for students to achieve :educational and career success while addressing the workforce needs of employers in the align them better region. ECC's partnership programs include: with employment • The Cisco Networking Academy (prepares students for Cisco and Opportunities in the CompTIA certification exams). • Industrial Refrigeration (optional RETA Certification) area? • Oracle Academy (certification opportunities, such as Oracle Certified Associate and 'SQ: Certified. Expert) • The Machining /Manufacturing Alliance (Precision Machining certificate) • Field Operations for Energy Utilities and Overhead Electric Line Worker Program (in conjunction with National Grid, gas utility companies, and IBEW 9:7) The College has also formed partnerships with many other regional and multinational corporations, including: • General Motors Corporation • Ford Motor Company • Chrysler Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 73 Driver Programs The Driver Safety Program curriculum emphasizes personal accountability and awareness of laws and how they impact the whole community. These programs are designed specifically for the different needs and types of drivers in various industries. The division is the largest provider.of safety training in. New York State with more than 20 years of experience in delivering services to the judicial, substance abuse, safety, and general community. ECC One -Stop Center What new programs The One -Stop Center at the North Campus offers job seekers Trade Act should ECC offer assistance for eligible customers, Microsoft Office 2010 computer classes, to Meet the region's career preparation workshops, resume assistance, tuition grants for eligible students, networking groups, career counseling, job search assistance, high workforce needs? speed Internet access for job searching, labor market information, free postage for correspondence to businesses for job searching purposes, and referrals to other federal, state and local agencies. Individuals can start their educational pathway through ECC's Workforce Development offerings. While some of the pathways are specifically targeted on meeting the reported regional workforce needs, all pathways lead fo creating a more skilled workforce. Many of the certificates and programs recommended in this report will directly support the workforce needs required to:focilitate economic development in the region. ECC Advisory Councils Advisory councils help ECC academic program align to the region's workforce needs. Advisory council members include representatives from; • Labor Unions • Regional Colleges and Universities • Law Enforcement and Emergency Services Departments • Hospitals . NYS Department of Labor . NYS Judicial System • BOCES • Local Businesses and Professional Firms Recommended Strategies for Improving Current Academic Program Offerings There are many potential hurdles that students.m.ust surmount to earn an Associate's degree or complete a certificate program. • Well over half of students entering community colleges need remediation in math and English. They often become discouraged and drop out before:they can progress to credit - bearing courses. . Many students end up using much of their financial aid on remedial Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 75 by connecting pre - college academics to career- technical coursework. The outcome of these programs could include industry- recognized certificates that put low - skilled: adults on a pathway to a degree and improved employment opportunities. • Develop additional industry- endorsed apprenticeships and paid internships with local manufacturers so students can obtain the on -the- job training valued by employers. . Better align curricula statewide between community colleges. Streamline credit transfers to four -year institutions. • The Buffalo Billion Investment Development Plan proposes the creation of the Buffalo Skills Partnership, which would be a "skills broker," connecting employers with Buffalo Niagara's educational institutions. In concept, ECC could work with the Western New York Regional Economic Development Council (WNY REDC), other educational institutions manufacturers, industry associations, utility companies, labor organizations, government officials, and workforce development groups to facilitate the "match" of western New York's workforce with the needs of regional employers. ECC could take a leading role in this endeavor through the development and delivery of programs; providing space, equipment and faculty; and ensuring delivery of programs in areas accessible to the region's underserved populations. Recommendations for New Academic Programs ECC currently offers 100 degree and certificate programs. Based on meetings with College administrators, faculty and staff, and members of the community, as well as a thorough review of previous studies, articles, demographic data, and economic development reports, the addition of seven new Associate degree programs and fifteen new certificate programs is recommended. These. programs build on ECC's existing strengths and respond to the workforce needs of regional employers. ECC has earned a solid reputation in the community for its strong academic and occupational programs. Most recommended new programs and certificates augment existing programs and extend areas of competence in new directions without requiring the development of an entirely new set of courses. Building on existing strengths allows for program growth with minimal new course development and cost while providing programs that mesh with regional workforce needs. The recommended new programs and certificates will provide students with up- to -date knowledge and skills to match regional workforce projections. ECC provides skills for underprepared high school graduates and returning adults to enter the workforce as college graduates or certificate holders. The starting place for some individuals seeking manufacturing jobs is with the existing Pathways to Success Pre- Collegiate Studies program that consists of courses designed to provide college -bound students with an opportunity to raise their math, reading and writing, computer and research skills in order to start their college studies in degree +level courses. These Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 77 The U.S. Department of Labor has listed mechatronics as a new and emerging - - "green jobs" growth area, : but there is no. mechatronics industry sector, It is an enabling approach to technology that is increasingly applied in a number hlecitcel Elecirci�t of economic sectors including: alternative/renewable energy; biotechnology; eng�oeer)t�� ,��n�e ; life science and medical; electronics and applied computer equipment; Metwr telecommunications and information services; distribution; transportation and logistics; heavy and special trade construction; energy, mining and related support services; petroleum refining and chemical; transportation equipment; production support and industrial machinery; agriculture, forestry and food; and aerospace, homeland security and defense. ;ai,t.� ScreT A Mechatronics program prepares students fora system approach to analysis and troubleshooting on advanced automated equipment and machinery, combining :electronic, mechanical, robotics and control system technology Figure 5.5 found in modern manufacturing facilities. Students gain experience and skills Mechatronics combines knowledge needed. to perform operations, maintenance, systematic troubleshooting, diagnosis, repair, and installation involving electrical, mechanical, robotics, of mechanics, electricity, electronics and control systems in a manufacturing environment. and computers into an integrated hands -on, skills -based curriculum. • Industrial Electronics (Mechatronics), Certificate: This interdisciplinary Source: cvcc websiie, htrp: / /www.cvcc.edu certificate integrates control systems, electronic systems, and mechanical systems into product design, troubleshooting, and automated manufacturing processes in the industrial environment. Courses ore applicable to the Mechatronics AAS degree. Electrical Maintenance, Certificate Electrical maintenance training is designed to provide the student with the knowledge and ability to install, alter, repair, and maintain many types of electrical systems. The coursework gives the graduate flexibility to pursue different areas of employment as an entry- level electrician. Electronics, Certificate The certificate program in Electronics is designed to provide students with a broad -based knowledge of circuit theory and electronics. Laboratory work is included to ensure that hands -on experience is acquired along with a deep understanding of fundamental and changing technologies. Cybersecurity, A.S. A Cybersecurity A.S. Program prepares students for transfer to a four -year program in computer network and Internet security: It prepares students to develop information security strategies, perform risk analyses, install security software, monitor network traffic, and develop an emergency response plan. It provides background and hands -on experience in securing networks, servers, and clients. Web and Mobile Applications, Certificate A Web and Mobile Applications Certificate provides students with Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 79 Health and Life Sciences Programs Bio informatics, A.S. The coursework for Bioinforrnatics is a blend of biology, computer science, chemistry; and math. Students gain laboratory experience and use bioinformatics to transform raw data into an understanding of the functions of genes, proteins; :and cells. Graduates are prepared to transfer to a four- year program. Biomanufacturing, A.S. The BiomanufacturingA.S. program includes courseworkforthe development of laboratory skills and characteristics essential to the biomanufacturing industry. The curriculum encompasses a concentration of courses in the manufacturing area relating to studies in Good Manufacturing Practices, Regulatory Compliance and Standard Operating Procedures, and courses in the liberal arts, social science, sciences, and mathematics. Students also study basic laboratory skills, aseptic process, and bio- safety. Graduates have the requisite coursework to transfer to a four -year program. . Food Manufacturing, Certificate: Food manufacturing specialists review food processing to ensure that food retains nutritional value. Through introductory nutrition and science courses, students gain perspective of fundamental terminology and processing methods used in food production plants. Students can expect introductory courses in the fundamental concepts of food production and methods used for laboratory analysis of processed food quality. Polysomnography /Sleep Disorders, Certificate The Polysomnography certificate program prepares graduates for entry level work in the field of polysomnography or electroencepha.lography diagnostic testing. Polysomnography is an allied Health specialty that deals with the diagnostic evaluation and management of patients with neurological and sleep abnormalities. The required coursework includes both didactic and laboratory instruction. Clinical courses would be offered at. the proposed STEM Building's Sleep Diagnosis Lab. Health & Wellness, A.S. A Health and Wellness program prepares students to transfer to four -year programs so they can assume roles as health /wellness professionals in private business and industry, community organizations, and healthcare environments. Early Childhood, Certificate Certificate programs in Early Childhood Studies provide a solid understanding of child development and how children learn in the context of diverse families and communities through course assignments and observations. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space. Utilization Assessment Page 81 Instructional Space Utilization Analysis The effective use of classroom and class lab space is an essential factor in space utilization efficiency. As campus funding for capital expenditures is reduced, and space shortages and the need for new types of space develop, it becomes even more important for colleges to focus on the efficient use of their current resources. In order to ensure the most efficient use of the College's space resources, the consultants conducted a utilization study of classrooms and class labs on the three campuses. For the purposes of this analysis, a classroom is defined as a room used for classes that is not tied to a specific subject or discipline by equipment in the room or the configuration of the space. Such rooms include classrooms equipped with computer workstations as long as the computer software is not dedicated to a single academic discipline.' A class :lab is a room primarily used for formally. or regularly scheduled classes that require special purpose equipment or a specific room configuration for student participation, experimentation, observation, or practice in an academic discipline. Some spaces included in this category are science laboratories, group studios, and instructional health laboratories. Computer rooms used primarily to instruct students in the use of computers are classified as class labs if that instruction is conducted primarily in formally or regularly scheduled classes. The following summary provides an overview of ECC's classrooms and class labs and their distribution and use patterns during the fall 2012 semester. Study Methodology Scheduling data for the fall 2012 semester for credit courses was used for the study. The scheduling database provided by the College contained information such as the name of the course, course locations, meeting days and times, the portion of the semester in which the course was taught, and 1 National Center for Education Statistics. (July 1992). Postsecondary Education Facilities Inventory and Classification Manual. Erie Community Coilege Program Needs Analysis and Space Utilization Assessment Is the existing space at .ACC's three campuses being efficiently utilized? JMZ Architects and Planners Page 83 Seat Occupancy • 80 percent of seats should be filled when a course meeting is in session. A target of 80 percent, versus 100 percent, allows for flexibility in seating arrangements. Lower fill rates suggest inefficient use of the space. . Figure 6.1 Target Criteria Room;Ut[lfzation Seat utilization Student Daytime Hours Evening Hours 5tat[on Size `40 Hours/Week, '. 20 Hours/Week a.rgef Range — Room Type; (ASF) (Mortday= Fr[day) [Monday- Thursday) Day and: Evening Classrooms 20 -25 ASF 30 Hours (75 %) 15 Hours (75 %) General /Open Computer Labs 35 A5F 30 Hours (75 %) 15 Hours (75 %) 40 -50 ASF Class Labs Natural & Social Science 24 Hours (60 %) 12 Hours (6G %) up to 115 ASF Arts & Vocational Technology Instructional Spaces in the Study The 142 classrooms and 140 class labs that were scheduled for classes during week six of the fall 2012 semester were included in the study. City Campus: 42 classrooms and 28 class labs North Campus: 64 classrooms and 69 class labs South Campus: 36 classrooms and 43 class labs In the 1960s, when the SUNY space guidelines were formulated, 16 square feet was the standard amount of space. allocated per student in general classrooms. This is marginally sufficient to accommodate small tablet arm chairs and support the traditional "sage on the stage" mode of teaching where students passively listen to an instructor's lecture. Ideally, 20 to 25 square feet should be provided for each student to allow for an appropriately sized work surface and chair, circulation throughout the room, and sufficient space to rearrange furnishings to facilitate collaborative and active learning pedagogics. . The areo.allocated for student stations in class labs is highly dependent on the subject.m.atter being taught, For example, Biology and Chemistry Labs should have 40. to 50 square foot per station with a maximum of 24 stations per lab. Automotive Technology Labs can have areas in excess of 115 square feet dedicated to each student. Tables 6.2 to 6.4 on pages 79 io 90 provide a description of each of the rooms in the study. including: room number, room name, room area, number of student seats, and the area per seat. This data was taken from the College's Physical Space Inventory (PSI). 80% •I Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 85 Table 6.2 - City Campus Room No. Room Description Area (NASF) No. of Stations SF. per Seat No. of Hours Scheduled in Week ...Occupied Percent Seats Percent Hours Scheduled Day Courses 45 bok:Sireet 114 CLASSROOM 850 32 27 5.00 62.5% 12.5% 119 120 1.30 CLASSROOM CLASSROOM CLASSROOM 890 718 130 32 32 32 28 22 4 25.00 15.00 27.00 77.7% 60.7% 62.5% 37.5% 67.5% 132 CLASSROOM 832 32 26 7.50 54.2% 18.8% 137 BMM HVAC LAB. 1 32 36 12.33 46.9% 30.8% 142 RAD TECH CLASSROOM 968 32 301 50 53.1 °/a 51.2% 151 ICLASSROOM 3S3 6 641 2.501 8 ";j"o 7% 6.3% Classkoom Total . 5;.935 230. 121 INURSING LAB 1,365 32 431 13.17 .75.0%1 32.9% 129 NURSING LAB 1,220 32 381 12 67 5 1 31,7% Class Lab Total : Athletic Center AM CONFERENCE ROOM ... Al 13 CLASSROOM 2;585 . . 462 584 " ` ` 64 a 24 29 19 14.17 35;4% 20 23 33 98 8S'e' . 58.3% Classroom Total, 1,046" 53 GYM1 GYM 22,425 20 . 1,1211 11.671 65.59 29.2% " Class':La6 Total 23;425 ti Oldfost Office 270 MEDIATED LEARNING 640 28 23 17.50 77.6% 43.7 %° 304_ CLASSROOM 456 28. 16 23.58 53.0% 54.0% 314 CLASSROOM 736 37 20 22.50 47.2% 56.2% 320 CLASSROOM 868 43 20 25.42 47.3% 63.5% 322 CLASSROOM 899 45 20 19,83 41.6% 49.6% 328 CLASSROOM 900 45 20 17.50 24.3% 43.8 342 ICLASSROOM 500 25 20 21.67 75.3% 54.2% 358 CLASSROOM - 714 36 20 8,25 31.3% 20.6% 372 CLASSROOM 722 36 20 20.83 66.9% 52.1% 420 LECTURE HALL 1,194 72 17 24.08 29.7% 60.2% 428 CLASSROOM 615 31 20 24,17 ... 74.3% 60.4% 440 CLASSROOM 780 39 20 23.17 61.3% 57.9% 442 CLASSROOM 754 38 20 25.83 63.7% 64.6% 452 ICLASSROOM 780 39 20 27.00 59.2% . 67.5% 474 ENG- SECOND LANGUAGE 418 20 21 13.00 52.5% . 32.5 ° /a 504 CLASSROOM 654 33 20 23.50 68.9% 58.8% 526 CLASSROOM 784 39. .. 20 25.08 54.8% 62:7% 530 CLASSROOM .924. 28 33 2125 `` R2''0�oi ... 53:1% 540 CLASSROOM :832 421 20 25.50 53.4% 63.7% 542 CLASSROOM 676 34 20 18.33 66.4% 45.8% 552 CLASSROOM 768 38 20 24.58 56.2% 61.5% 560 CLASSROOM 660 20. 33 20.00 „:' 9,(� Qi 50.0%. 562 CLASSROOM 748 37 20 26.17 58.0% 65:4% 572 CLASSROOM 527 26 20 17.50 73.1% 43.7% G02 CLASSROOM 663 33 20 10.00 25.0 G03 BMM CLASSROOM. 1 352 32 . 42 4.50 46.9% 11.3% G65 BMM CLASSROOM 749 32 23 21.33 41,7% 53.3% G70 BMM CLASSROOM 707 32 22 2.25 46.9% 5.6% M50A M50B M52 CLASSROOM CLASSROOM CLASSROOM 527 515 624 26 26 31 20 24 20 13.33 12.50 20.00 73.1% : 73.2 33.3% 31.2% 50.0% Erie Community College JMZ Architects and Planners Program Needs Analysis and Space. Utilization Assessment Page 87 Table 6.2 - City Campus (continued) Room No. Room Description Area (NASF) No. of Stations SF per Seat No. of Hours Scheduled in Week Percent Seats Occupied Percent Hours Scheduled Evening Courses Old Post Office 304 CLASSROOM 456 28 16 9.17 51.8% 45.8% 314 CLASSROOM 736 37 20 7.50 43.9% 37.5°A 320 CLASSROOM 868 43 20 10.00 46.1% 50.0% 322 CLASSROOM 899 45 20 10.83 35.9% 54.2% 328. CLASSROOM 900 45 5.00.... 25.6 °h 25.0% 342. CLASSROOM.. 500 25 . 20 7.50 : 37.5% 37.5% 358 CLASSROOM 714 361 20 5.42 32.6% 27.1% 372 CLA5SROOM 722 361 20 5.00 61.1% 25.0% 420 LECTURE HALL 1,794 721 17 10.50 27.8% 52.5% 42.$ CLASSROOM .... 615 31 20 10.25 ..66.9% 513% 440 CLASSROOM 780 39 20 10.25 54.5% 51.3% 442 CLASSROOM 754 38 20 10.00 58.6% 50.0% 452 ICLASSROOM 780 39 20 12.50 57.9% 62.5% 474 ENG- SECOND LANGUAGE 418 20 21 1.25 65.0% 6.2% 504 CLASSROOM 654 33 20 10.50... .75.0% 52.5% 526 CLASSROOM 784 39 1 20 5.00 43.6% 25.0% 530 CLASSROOM 924 281 33 8.58 47.3% 42.9% 540 CLASSROOM 832 42 20 5.50 67.9% 27.5% 542 552 560 _ CLA55ROOM CLASSROOM CLASSROOM 676 768 660 34 38 20 20 20 _ 33 2.501 16-081 5.00 67.6% 55.3% 55.0% 12.5% 25.0% 562 CLASSROOM 572 CLASSROOM G02 CLASSROOM Classroom Total 748 527 663 : ', . 17;572 37 26 331 864 20 11.081 70.8% 55.4% 20 5.00 25.0% 20 5.25 26:3% 240 KITCHEN LAB 583 24 24 30.00 50.0% 15Q Q%a 244 KITCHFN LAB 703 12 59 9.75 50.0% 48.7% 250 HOTEL TECH LAB 1,024 32 32 =250 18.8% 12.5% 310 ART LAB 992 25 40 6.83 49.3% 34.2% 330 BIOLOGY LAB 992 30 33 10.00 71.7% 50.0% 340 ANATOMY LAB 936 30 31 10.00 70.8% 50.0% 350 IMICROBIOLOGY LAB 1 30 34 4.17 75.0% 20.8% 352 COMPUTER LAB 759 38 20 : 8.25 25.7% 41,2% 370 COMPUTER LAB 614 31 20 2.50 50.0% 12.5% 412.. COMPUTER LAB.. 1,254 24 ... 52 5.00 62.5% 25.0% 430 462 550 570 lHUMAN 631 G49 G61 CHEMISTRY LAB COMPUTER LAB PHYSICS LAB INTER LAB WOOD & STEEL LAB COMPUTER LAB DRAFTING LAB 1,024 960 896 768 3,246 1 485 1,486 24 321 161 15 24 24 24 . 43 30 56 51 135 62 62 5.00 12.50 5.00 7.75 4.33 13.00 3.33 60.4% 48.1% 75.0% 58.3°7° 58.3% 66.7% 25.0% 25.0% 38.8% 21.7% 16.7% G72 BMvI CLASSROOM 638 25 26 5.00 48.0%1 25.0% Class Total 193h8 460 :... WX I City Campus Evening Course Total 42,953 1,575 Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 89 Table 6.3 - North Campus (continued) Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 91 Room No.. Room Description Room Area (NASF) No. of Stations SF per Seat No, of Hours Scheduled in Week Percent Seats Occupied Percent Hours Scheduled Nor�lh Campos Evening Courses Bell :S orts Center 115 ICLASSROOM 600 40 2.50 22.5% 12.5% Glassro. om Total ' 600 40 ': 141 PHYSICAL EDUCATION /HEALTH 640 16 5.00 25.0% i Class lob,Totol.; : .640 16 0 0 rt g f l y 1 Bretsth er 113B ICLASSROOM 480 30 16 3.00 26.7% :.. 15.0% 207 ILECTURE HALL 2,100 121 17 3.33 36.4% : 16,7% 318 ICLASSROOM 640 31 21 10.00 61.3% 50.0% 401 1 LECTURE HALL 2,930 240 12 2.50 5.0% .12.5% 410 ICLASSROOM 1,493 30 50 ... 2.50 5U% 12.5% 411 CLASSROOM 1,493 .: 30 50 10.33 53.3% 51.7% 512 CLASSROOM 1,413 36 39 8.33 28;7% 41.7% 602 LECTURE HALL 2,930 240 12 5.00 13.1% 25.0°/a 607 CLASSROOM 480 32 15 2.50 71.9% 12.5% 702 CLASSROOM 595 32 19 2.83 68.8% .. 14.2 %° 722 CLASSROOM 636 32 20 6.00 46.9% 3D.0% : Cl assra ; : .1 5; 190 854 103 ELECTRICAL CIRCUITING 1,390 321 43 5.50 39.6% 27.5% 109 GEOMETRIC OPTIC LAB 900 W1 30 3.33. 40.0 16;7% 113A COMPUTER LAB 1,312 301 44 15.83 30.8% 79 X90'- 114 PROCESS & €NDUSTR. 1,485 281 53 3.50 39.3% 17.5% 200 TYPING LAB 1,200 281 43 7.50 53:6% 37.5% 202 TYPING LAB 1,680 30 56 5.83 47.8% 29.2% 203 ISECRETARIAL SCIENCE 1,600 18 89 10.00 58,3%1 50.0% 204 ISECRETARIAL SCIENCE 2,000 18 1 l l 7.00 „ 125 9/a 35.0% 209 ITYPING LAB 1,400 22 64 9.50 67.0% 47.5% 301 ICOMPUTER LAB 831 30 28 3.50 51.7% 17.5% 305 METHODS LAB 437 32 14 8.67 49.2% 43.3% 306 MACHINE TOOL LAB :: 2,547 301 85 17.00 38.0 °h 307 ELEMENTARY MACHINE 1,646 121 137 9 00 A 45.0% 307A CNC LAB:: 371 12 31 6 00 �;l _8,96; - 30.0% 307B ... 312 315A CNC LAB ... INDS REFR LAB ART LAB :: 1 664 898 - 244 12 12 8 139 75 . 31 9 a0 14.83 19.17 , >i ...9496. ,90.0 45.0% 316 INSTRUMENT LAB 1,000 30 33 4,50 35.6% 22,5% 400 CAD LAB:: 1,482 24 62 2.50 70.8 12,59/a 402 DRAFTING LAB 1,495 26 58 8.50 39.2% 42.5% 403 DRAFTING LAB 1,495 321 47 2.67 43.8% 13.3% . 413 POLICE SCI LAB 792 ... 201 40 10.25 ,1.` i2Q;1?; 51:2 % 500 501 5D4 505. 506 COMPUTER LAB COMPUTER LAB CAD LAB DRAFTING LAB METALS LAB 738 834 1,413 1,417 2,652. 14 181 281 32 30 53 46 50 44 .88 11.00 8.33 14.33 12.60:: 4.33 71.4% 41.1% 36.7% 43.3% 55.0% 41.7% 21:7% 509 WELDING LAB 3,093 30 103 4.33 :30.0% 21.7% 511 513 601 DRAFTING LAB DRAFTING LAB CHEMISTRY LAB 1,413 1,413 1,440 32 30 32 44 47 45 3.33 12.50 2.50: 18.8% 33.3% 43.8% : 16.7% 12.5 % 603 CHEMISTRY LAB 1,440 201 72 2.50 50.0% 12.5 ° /a 610 MEDICAL TECHNOLOGY 1,480 161 93 1.00 56.3 ° /a 5.0% 612 MEDICAL TECHNOLOGY : 1,480 16 93 3,33 7 i5'b°fo; 16.7% 707 IFUEL GAS LAB 1,233 15 82 10 .67 53.3% 711 JORGANIC CHEMISTRY 1,850 30 62 7.50 44.7% 37.5% 717 ICHEMISTRY LAB 1,800 30 60 5.00 48.3% 25.0% Class Lab Total' 3 s ,I p� - .a tel "x8 " ': 51,565 889 Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 93 Table 6.4 - Sou Campus Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 95 No. of Hours Percent Room Area No. of LSFperSeat Scheduled Percent Seats Hours Room No. Room Description (NASF} Stations. in Week Occupied Scheduled Day Courses Building 2 . . 2103F ICLASSROOM 1,064 25: .. 43 10.00 47.3% 25.0% 2106 CLASSROOM 605. 38 16 20.00 34.9% 50.0% 2111 CLASSROOM 512 32 16 4.83 31.3% 12.1% 2116B SMART CLASSROOM 1;360 32 43 17.50 44,7% 43.8% 2210 CLASSROOM 503 32 16 24.17 66.9% 60.4% 2215 CLASSROOM 462 12 39 4.17 69.4% 10:4%0 Classroom Total 146 2103G COMPUTER LAB 840 12 70 24 17 2110 COMP /ELECTR LAB 1,887 32 59 24.67 56.4 % 2114A CLASS LAB 665 28 24 11.83 64.6% 29.6% 21148 CLASS LAB 886 22 40 4.17 52.3% 10.4% 2116 RECREATION LAB 1,887 26 73 25.00 69.8% 2119 COMPUTER LAB 1,164 141 83 33.50 74.7% 2121 PRESS ROOM 2,400 16 150 10.00 66.7% 25.0% 2122 AUTOBODY SHOP ... 5,146 12 429 18.33 70.0% 45.8 %° 2204 DRAFTING LAB . . 500 16 31 15-83 ° 00"' " 39.6% 2205 CAD LAB 631 8 79 23.33 ;,T 167:7°6' - 58.3% 2209 DRAFTING LAB 1,884 16 118 15.00 37.5% 2212 ... DENTAL TECH LAB . 1,268 15 85 9.00 22.5% 2212C.. DENTAL TECH LAB . 646 181 361 2.67 69.4% 6.7% 2216 DRAFTING LAB 1,866 161 1171 17.5 0 43.8% 2217 DENTAL TECH LAB 1,861 24 781 42.67 2221 DRAFTING LAB 1,866 16 1171 14.17 68.8%1. 35.4% 2223. ART STUDIO 1,861 16 1 16 23.33. ..58.3% Class L 18 ab Total: 26; _ 9. 295 �.. yea i � - Building .3 3101 CLASSROOM 478 32 15 15.83 681% 39.6% 3104 CLASSROOM 978 50 20 22.50 45.2% 56.3% 3113: CLASSROOM ; 489 32 .. 15 23.00 z 29O 57:5% 3128 CLASSROOM 503 32 16 21.00 52.5% 3129 CLASSROOM 512 32 16 20.50 74.2% 51.3% 3214 CLASSROOM 494 32 16 22.50 70.7% 56.2% 3215 ICLASSROOM 503 321 16 20.00 73.1%1 50.0% 3221 CLASSROOM 503 32 16 20.00 50.0% 3222 CLASSROOM 503 32 16 15.00 70.5% 37.5% 3124 CLASSROOM 1015 50 20 22.00 49.1% 55.0% 3126 CLASSROOM 503 32 16 12.67 68.8% 31.7% 3227 CLASSROOM . 669 33 20 26.67 66.7% 3228 CLASSROOM 669 30 22 23.83 59.6% Classroom Total 7,824 451 3106 LIFE SCIENCE LAB 967 24 40 24.17 74.4/0 3110 EMERGENCY MED LAB 985 25 39 18 00 : 45.0% 3122 BIOLOGY LAB ....:. 1,037 16 ... 65 27.50 ,,.. ;` 2.2 3125 ANATOMY LAB: . . 1,023 16 64 25 00 rT'1rt% 3127 GENERAL BIOLOGY LAB 1 020 16 64 24 25 , .; 95yB36 3203 CHEMISTRY LAB 1,197 16 75 7.50 75.0% 18.7% 3204 1 PHYSICS LAB 917 161 57 8.67 65.6% 21.7% 3208 PHYSICS LAB .... 907 1.6 .. 57 22 00 127:6$5 55.0% 3209 GEN CHEMISTRY LAB 1,197 16 75 7.50 18.8% 3210 PHYSICS LAB 907 16 57 14 00 ,..''.. , Ls3$ . 35.0% 3219 ANALYTICAL LAB 1,197 6 200 2 50 21 6:79n' 6.3% 3225 .. CHEMISTRY LAB 1,197 16 75 2.50 56.3% 6.3% Class Lab Total 12,557 199 $:67 ' a• �S' ti� :�Y�ii�� Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 95 Table 6.4 - South Campus (continued) Erie Community College Program Needs Analysis and Space Utilization Assessment 1MZ Architects and Planners Page 97 North Campus Summary During the day at the North Campus, 83 percent of the spaces did not meet the hourly utilization targets. Even when including the classrooms that came within 15 percent of the daytime target, only 12.percent of the spaces were sufficiently scheduled. Almost 70 percent of the spaces fell short of the seat fill target. Utilization during the evening mimicked the day figures with the majority of the spaces being used well below the targets: South Campus Summary At the South Campus, 78 percent of the rooms fell short of the hourly utilization targets during the day and 83 percent fell short during the eve.ning,..indicating the majority of the rooms were not being scheduled to their potential. Only 9 percent of classrooms even came within 15 percent of the daytime target, which equates to only 24 hours out of the 40 hours available per week. About 60 percent of spaces for both day and evening failed.to meet the seat fill target. The percentage of hours scheduled during both the day and evening were slightly better than City and North Campus, but still the majority of spaces fell short of the utilization targets. Utilization Tables Conclusions There appears to be capacity to accommodate additional courses in the schedule at all campuses. Most faculty feels there are not enough classrooms, making scheduling courses difficult. This may be due more to the effects on non- uniform class start and stop times than to :a lack of classroom space. Although class start times appear to be fairly standard, there are many non- uniform class stop times. Scheduling variations like these are likely made to accommodate individual faculty and course needs, but they make it difficult to:establish an efficient schedule for students. The effect of excessive non- uniform class end times throughout the week means that a class may use a room beyond the next regular start time, thereby preventing another class from being scheduled at that time. This results in lower utilization rates for the affected classrooms. A standardized schedule makes it easier to maximize the use of instructional space because more course meetings can befit into a single room over the course of a da.y: Erie Community College JMZ Architects and Planners Program Noods Analysis and Space Utilization Assessment Page 99 Figure 6.5 - ECC City Campus Classroom : Schedu.led' Class Size (Enrollment) Room Sedtng CgpacEt� 1: to 10 1 1 to 20 21 to 30 31 to 41 to 50 Count � 2 21 =,:to 30 3 "l,ao 40 201` 25' 71 to 80 • 1' Total Course Meetings = i 71 .28 8 341 70 fl 42 770 Clads Lub Scheduled Class Size. (Enrollment) :.. Raort% Sed #m "g Ga,paCity 1 a 11 to 20 21 to 30 31 to 40 41 to: 50 Count tn:;1 1 21. to 3fl 1,09' q- T4 Total Course Meetings = 403 53 183 159: 6 2 28 Erie Community College Program Needs Analysis and Space utilization Assessment JMZ Architects and Planners Page 101 Right- Sizing Classrooms Overall, the data suggests that many of the classrooms and class labs on all three campuses are underutilized and the classrooms are not well suited to ECUs section enrollment sizes. The data also suggest that if course enrollment patterns remain the same, seats should be removed from many of the classrooms to provide more space per student, especially in the 21 to 30 seat category. Figure 6.8 - ECC North Campus Right -Sized Total Course Meetings 1,211 100 357 574 164 16 Figure 6.8 represents whatthe seating capacity would be if the square footage per station in the North Campus` classrooms was appropriately sized. The seating capacity of classrooms was adjusted based on the recommended 20 square feet per seat:. Lecture halls were excluded because many have fixed seats so the area per student cannot easily be modified. This illustrates that simply right- sizing classrooms by adjusting the type and :number of seats in the room would result in. better alignment between seating capacity and current course enrollments. However, due largely to faculty constraints, the College has made an effort to increase enrollment to 32 students in many classroom /lecture courses. Many of the existing classrooms are too small to accommodate that number of students comfortably, but seats have been added to a large number of rooms to house the larger sections. In the room shown in Figure 6.9, the 32 tablet arm chairs are so close together that many students have trouble moving between them. The proximity of. the workstations also becomes a problem during tests when students are sitting so close to one another. However, as illustrated in the space utlilzation tables, FCC's average class size remains at roughly 22 students. Another issue is that today's adult students have a tendency to be larger than students were in the 1960s. Many find tablet arm chairs :extremely uncomfortable and some cannot fit into them at all. In :addition, students with disabilities often cannot be accommodated in tablet arm chairs. The College addresses these issues by providing individual tables when necessary, but these take up more space than a tablet arm chair. When two or more larger tables are placed in a room, it can become extremely crowded when the same number-of seats most be maintained to accommodate course enrollments. Erie Community College Program Needs Analysis and Space Utilization Assessment "Room Count 0: 45 8 2 57 : JMZ Architects and Planners Page 103 This mismatch would be problematic if the majority of courses had enrollments that matched the number of seats that have been placed in classrooms. The analysis of instructional space revealed that the average enrollment in courses held in classrooms in fall 2012 was as follows: North Campus: 22 students per class City Campus: 20 students per class South Campus: 22. students per class This indicates that the College has enough classrooms to accommodate courses with 24 students or less, even when the rooms are right -sized to 20 square feet per station. The 480 square foot classrooms on the North Campus could easily accommodate 24 seats at 20 square feet per station. However, there are not a sufficient number of classrooms to accommodate larger course sections on the North and South Campuses, especially if seats are right- sized. Given the outlook for funding, it may be necessary for course enrollment sizes to increase if faculty members who retire are not replaced. Distribution of Course Meetings by Time of Day Figures 6.10 to 6.12 display day -by -day classroom occupancy of the instructional spaces in use during week 6. They show room occupancy by half -hour blocks, thereby graphically depicting the peaks and valleys of the daily schedule: The impact of the "college hour" on Tuesday and Thursday between noon and 1:00 PM is evident. However, it is also clear from the graph that some courses are being scheduled during that time. There is a fall- off of course meetings on each campus typically around 3:30 PM Monday through Thursday, which is typical, especially at community colleges. Very few courses were scheduled on Friday afternoons, which is also typical. The graphs also show a second but smaller, evening peak between 5;30 PM and 7:30 PM at all three campuses. What is interesting to note is that the maximum number of course meetings held in the instructional spaces on each campus that were tracked are well below the total number of available instructional spaces. For example, on the North Campus (Figure 6.12), the maximum number of course meetings held in the 133 instructional spaces in the study never exceeds 101 Therefore, there are always at least 32 empty instructional spaces on campus. Some of these may be dedicated spaces such as lams., but the charts do indicate there is additional capacity to accommodate classes on each campus. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 105 Figure 6.12 Space Utilization Conclusions and Recommendations The results of the utilization analysis of the City, North,:and South Campuses indicate that ECC is currently underutilizing available instructional space. The utilization tables show that there is capacity to accommodate additional courses in the schedule. The College., .as a whole, is generally falling short of meeting the target criteria for seat occupancy and hourly utilization. The data also indicate a need for classrooms with seating capacities of l l _ to 20 and 21 to 30 if section sizes remain in this range. Some of these classrooms could be created by right- sizing the existing classroom inventory. However, there is a need for properly sized classrooms to accommodate larger sections. The good news is that the college has existing space that can be used to accommodate additional courses now and in the near future. In addition, if a more efficient scheduling system is adopted, some... of the existing classroom space could be repurposed to provide space for other needs, such as adjunct faculty office, informal student gathering spaces, and student services. Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 1 07 South Campus Course Meetings by Time of Day - Week 6 $ 0 79 total instructional s aces .X d 3 70 - -- N Ot 60 y d 50 A0 N L 7 O v 30 20 C L 30 — E � 0 ¢¢ _¢ ¢¢¢¢¢¢ a a Q a a a d a a a a a (L D_ a d a a a, 0, . a s O b O O 6 0 4 O a O C O 6 b 6 - 6 - b b O O O O O O 4 4 O O O a O q O M. a 4n O M 9 [Y) (R to a M O f? R m O Cn a M 9 M R «n a M 9 n: 'p (�J r r r Time of Day +Monday tea— Tuesday (Wednesday —0—Thursday —#--Friday Space Utilization Conclusions and Recommendations The results of the utilization analysis of the City, North,:and South Campuses indicate that ECC is currently underutilizing available instructional space. The utilization tables show that there is capacity to accommodate additional courses in the schedule. The College., .as a whole, is generally falling short of meeting the target criteria for seat occupancy and hourly utilization. The data also indicate a need for classrooms with seating capacities of l l _ to 20 and 21 to 30 if section sizes remain in this range. Some of these classrooms could be created by right- sizing the existing classroom inventory. However, there is a need for properly sized classrooms to accommodate larger sections. The good news is that the college has existing space that can be used to accommodate additional courses now and in the near future. In addition, if a more efficient scheduling system is adopted, some... of the existing classroom space could be repurposed to provide space for other needs, such as adjunct faculty office, informal student gathering spaces, and student services. Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 1 07 Figure 6.14 - Space Distribution, ECC and SONY Community Colleges of Similar Size Average space distribution of: Onondaga, Hudson Valley, Westchester, Erie, Monroe, Nassau , Classrooms /Lecture ..0 a i a o .. Class Labornfories o M Independent Study Labs qtr'$ o M Research Support i ®Faculty Offices ." � — - General &Special Use B Organized Research M Public Service - I ® Organized Activify - ® Instructional Resources ® Electronic Data Processing ® Library Health & Physical Education Student /Faculty Activity Student Health Services Assembly &Exhibition General Administration Central Services -1 Building Services iii. Inactive Space Figure 6.15 - Space Distribution, Combined Campuses - j Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 109 Figure 6.18 - Space Distribution, South Campus On average, 44.4 percent of net assignable square feet of the six large campuses is dedicated to instructional space, which includes classrooms, class labs, faculty and academic staff offices, and related support space. Classrooms at these colleges, like the majority of community colleges in the state that were constructed in the 1960s and ] 970s, were sized .biased on 16 NASF per student. As noted earlier in this section, 20 to 25 NASF is the current recommended standard.. This provides :sufficient space to accommodate new modes of teaching, technology in the classroom, and more comfortable seating for today's students. If classrooms at the six large campuses were right -sized to 20 .NASF per student, instructional space would represent closer to 46.2 percent of all campus space. That is still less, however, than the 54 percent and 56 percent instructional space occupies on the North and South Campuses, respectively. The reason. for ECC's higher percentage of instructional space is largely due to the fact that a majority of the programs offered at the two campuses require large amounts of dedicated space that cannot easily be shared with other programs, such as Dental Hygiene and Architectural Technology. There are fewer of these space intensive program offered at the City Campus. The North Campus houses many of ECC's high tech programs, such as CNC Precision Machining, Mechanical Technology, Industrial Technology, and Culinary Arts, which require a disproportionate amount of space. L Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 1 1 1 for today's larger students and new teaching pedagogies. • Poor interior lighting, particularly in classrooms • According to staff, many ECC buildings require building system and component repair and /or replacement to ensure continued operation. • Poor environmental controls result in uncomfortable conditions for building occupants, especially in classrooms at the North and South Campuses. A comprehensive assessment of all buildings and systems should be conducted at all three campuses. Such a study is needed to help ECC prioritize capital investments and determine the amount of funding that will be needed to ensure the continued operation of its buildings and infrastructure. Investment in improvements to the existing facilities will also contribute to the feeling that ECC offers a high quality education, thus helping to attract and retain students that might otherwise choose to attend college elsewhere. Space Needs The first portion of this section contains an in- depth. discussion about the quantity of space at each of ECC's..three campuses and how it is being used. This portion of the section focuses on the quality of that space, as well as. the College's future space needs. The question that should be asked: when addressing ECC's space needs is: Is there adequate space of sufficient quality at each campus to accommodate existing programs? The answer for ECC is no. A significant amount of work has been done to preserve and update the College's facilities, such as the renovation of the Biology Labs at North Campus, restoration work at the Old Post Office Building at City Campus, creation of a Fitness Center at South Campus, installation of a new electric service at North Campus, and the complete renovation of 45 Oak to provide additional space at City Campus for academic programs .and student services. However, there is much more that needs to be done. As discussed, there is some surplus space on all of the campuses. This space could be successfully renovated to create some of the larger smart classrooms that are needed to meet the demands of larger .course sections.. It is more difficult, however, to renovate older buildings to create state -of -the -art science and engineering labs. Often the floor to ceiling height is insufficient and /or there is not enough space between- the - ceiling and the building structure to fit all of the ducts and conduit necessary to provide code- required ventilation and other services to laboratory spaces. It is generally more cost effective to renovate older buildings for non - technical administrative, office, and general classroom space and then build new space for the high -tech laboratories, computer labs, and support spaces that is flexible enough to accommodate new technologies and programmatic changes easily in the future. In addition well utilized labs, such as the Biology Labs on the North Campus, cannot be taken off -line for renovation without providing lab space elsewhere on campus in which to offer Biology courses. Erie Community College Program Needs Analysis and Space Utilization Assessment Does the College have sufficient space to accommodate new, high level academic and technical programs? JMZ Architects and Planners Page 113 Computer Classrooms and Open Computer labs Access to computers in classrooms and class labs enables communication - rich active learning strategies that range from teacher -led presentations to students doing in -class work on computers, to interactive project work where students collaborate and use the Internet as a research tool during class time. Some programs rely heavily on computers for administering tests, such as Nursing and other Health Science programs. In some cases, such as Automotive Technology, more and more course material is only available to students online. One of the comments the planning team heard most often during academic programming interviews was that more classrooms equipped with computers are needed to meet the growing requirements of computer- integrated learning. Faculty also indicated that additional open computer labs are required so students can access computers outside of class. Many students reportedly do not have access to a computer or the Internet at home. Some students enroll in hybrid courses where part of their class time is spent in the classroom and the other is spent online covering course material. According to faculty and staff, many of these students use College computers, either in the Library or in computer labs, for these classes. Students today are tech- savvy. Many have. used computers in their classes throughout high school and they expect to do the same in college. Sometime in the future, mobile computing may become so 'ubiquitous and the cost of technology may be reduced sufficiently that all students will be able to bring their own computer to the classroom. Until that time, however, ECC will need to increase the number of computers that are embedded in the College's instructional spaces. This requires more than simply placing a PC on a desktop:. Computer work stations take up more space than a typical student desk, which leads to a need for larger rooms or to a reduction in the number of student stations in an existing space. Either way, it means an investment in.tec infrastructure, and space resources. Adjunct Faculty Offices The majority of the College's full -time faculty has office. space. Generally, two faculty share one office, but there are instances where one faculty is located in a small office while a large space may be shared by several faculty. At City Campus, Culinary Arts faculty gave up their office space so the College could construct a small Cafe and a Baking Finishing Lab where students gain practical experience. Adjunct faculty, who make up a significant portion of the College's teaching staff, have either inadequate or no office space in which to work or meet with students. This is detrimental for students who often do not have access to their professor during out -of- class time. Shared "bull -pen" offices for adjunct faculty equipped with workstations computers, phones, and lockable storage for personal belongings and work - related material are needed at all three campuses. Small. meeting rooms should also be available nearby so ad ;uncts can meet one -on -one Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 115 Computer Classroom Figure 6.27 - City Computer Classroom Figure 6.2$ - City Campus Lab Figure 6.29 - South Campus Lab Programs Requesting New or Enlarged Class Laboratories (* New programs) • Advanced Manufacturing Technology* • Biology, North Campus • Biomanufacturing* • Building Management and Maintenance • Chemistry, City Campus • Clinical Laboratory Technology • Communication & Media Arts • Construction Management Engineering • Criminal Justice • Culinary Arts • Cybersecurity* Dental Hygiene • Dental Lab Technology • EMT, North and South Campuses • Engineering Science . Humanities (Mac Labs at North and City Campuses) • Industrial Technology • Math /Computer Science • Mechanical Engineering Technology (Capstone Lab) • Medical Assisting • Nursing (A &P Micro Lab) • Occupational Therapy Assistant • Ophthalmic Assisting • Physical Education Studies • Respiratory Care. • Welding Technology* • Police Academy Programs Requesting Renovated Class Laboratory Space • Clinical Laboratory Technology • Electrical Engineering Technology Information Technology Overall Space Needs The majority of programs indicated a need for the following: • Office space for adjunct faculty • Access to additional smart classrooms • Larger smart classrooms . • Computers in more classrooms • More open computer labs so students have access to computers out of class . Additional storage space Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 117 Study Reco For the Buffalo Niagara Region to fully realize its vision as a leader in the advanced manufacturing, health sciences, and tourism sectors, it will need workers at all levels who are educated.and trained to fill industry- specific jobs. Erie Community College does not have the type of space to support the academic programs that prepare students fortheselobs. A focused study of regional workforce needs, ECC's existing programs, and the facilities needs of all three ECC campuses resulted in..th following recommendations: • Reorganization of ECUs existing academic programs will allow the College to operate more efficiently. Existing programs will be consolidated. The formation of new programs focused on meeting specific workforce needs will allow ECC to more effectively contribute to regional economic development. Facilities at all three campuses will need to be modified to support these initiatives. • A new facility designed to attract and educate students from Erie County and beyond for careers in STEM should be constructed at the North Campus. The availability of County - owned land, ample and convenient parking, and synergies with academic programs already located there makes the North Campus the most cost effective and strategic location for this new flagship facility. • ECC should partner in the development of a Regional Workforce Advancement Center in the City of Buffalo. ECC, in partnership with: other area public and private sector organizations and educational institutions, should be prepared to facilitate a cooperative, collaborative Regional Workforce Advancement Center in the City of Buffalo. The Center will bring under one roof many of the College's two -year degree and certificate programs that lead .d.irectly to high demand jobs. Examples include Building Management and Maintenance and Energy Utility Technology programs. Recommended new programs to be offered by ECC through the Regional Workforce Advancement Center include Welding Technology and Supply Chain Management /Logistics, in addition to other regionally focused programs. Through collaboration and communication with the Buffalo Niagara Skills Partnership as a "skills broker," the Regional Workforce Advancement Center will help to expand education and job opportunities to displaced workers, the un- and under - employed, and underrepresented populations.. Erie Community College Program Needs Analysis and Space Utilization Assessment Does the College currently have adequate, state -of- the -art space to accommodate existing programs? JMZ Architects and Planners Page 119 ends up. with differing policies or standards on its campuses. This can be confusing for students and it undermines the concept that ECC is "One College." The practice of having multiple program Chairs reduces the total number of teaching hours that can be dedicated to each program because of the release time each Chair receives. In a time when many faculty lines are open but unfilled due to funding constraints, the College needs to optimize its existing faculty resources. Establishing one Chair for each program would effectively result in more available teaching hours without adding additional faculty. The consolidation of programs on campuses would have many benefits: • It would give each program more of an identity and sense of place, making it easier for students to locate faculty and seek assistance. • Co- locating faculty would increase opportunities for collaboration, which is known to benefit students and help strengthen programs. Consolidation of similar programs on one campus would reduce operating costs. Recommendations for the consolidation of FCC's academic programs are presented in the Academic Program :Moves Matrix found in Appendix E. If ECC consolidated many of its specialized programs, students would still have the opportunity to take general education/ Ii arts courses at any of the three campuses, but they would complete their focused work at one campus. For example, Crime Scene Technology, Emergency Management, and :Dental programs would only be located on one campus each. This would result in :improved efficiency, limited duplication of services, and collaborative opportunities, and reduced operational costs. Each. of the College's three campuses has its own character. Providing a focus, or theme, based on the programs and services clustered at each location would further define each campus, making ECC's diverse mission and program offerings more apparent to students and the community as a whole. Figure 7.1 identifies the recommended academic program . distribution at the three campuses. North Campus Focus on STEM The Buffalo Billion Investment Development Plan recognized the importance of innovation and the need to develop and invest in education - "Continue to develop ... the human capital needed to accelerate innovation and a thriving ecosystem." z There is a strong and growing consensus in the U.S. that we must revitalize our commitment to strengthen the foundations of American innovation and competitiveness — basic research in the physical sciences and math and science education. The call is out for the U.S. to produce more graduates with STEM - related degrees who can take a leadership role 2 Western New York Regional Economic Development Council, Buffalo Billion Irivesfinent Development Plan, February 2013, page 25. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 121 - V M o C . ° a 3 z3 m C m � (- n � CD 0 n rn N fA N y N 3 0 "5 n rn N' Q 3 Q � Q CO � EJ � W u, rigure: .i. i wcaaemic Program uistribution AkCHRECTS nND PIANryEryS, P.C. foot office and adjunct faculty would be located in larger "bull -pen" offices where they would have access to shared desks, computers, phones, printers, storage space, and small meeting rooms where they could counsel students confidentially. • Student study rooms • Tutoring Centers (one for Science and one for the Health Sciences) • Dedicated computer labs (one for Science and one for the Health Sciences) • General computer labs • Eight smart general classrooms of various sizes to help meet the demands of all programs • Open computer lab • Conference rooms • Lounge • Fitness Center The building will also house the Center for Interdisciplinary Practice and Simulation (CIPS).with three simulation labs, a Debriefing. Room, Observation Room, Control Room, Mannequin Storage Room, and CIPS Office. It will be used by multiple programs including Nursing, Respiratory Care, Emergency Medical Technology /Paramedic, Emergency Medical Services Provider, Medical Lab Technology, Medical Assisting, and potentially Basic Police Training. The proposed location of the STEM Building is shown in Figures 7.2 through 7.:3 as a transparent, generic block that represents approximately 1 1 1;000 GSE Figure 7.2 - STEM Building Bird's Eye View from Southwest Erie Community College JMZ Architects and Planners Program Needs Analysis and Space: Utilization Assessment Page 125 Figure 7.5 STEM Building - Full Program 67,320 NASF 1.65 Grossing Factor 111,000 GSF $380 per Square Foot $42,180,000 Raw Building Construction Cost $2,109,000 5% Site Work . $6 ; 327,000 15% Construction Contingency $2,952,600 7% Design Fee $2,530,800 6% Escalation to Mid - Point of Construction(2015) $56,099,400 $2,80000 FF &E $58,900,000 Total Project Cost ECC, Erie County, and SUNY have agreed on a $30,000,000 capital budget to construct a new academic building to support program growth and the alignment of academic programs with regional workforce needs. Since the recommended space program for the STEM Building exceeds the established proi6cf budget of $30,000,000, the size of the new facility will Have to be reduced to 34,360 NASF (56,700 GSF) to fit within available funding, as shown in Figure 7.6, Figure 7.5.- STEM Building - Reduced Program 34,360 NASF 1.65 Grossing Factor 56,700 GSF $380 per Square Foot $21,500,000 Raw Building Construction Cost $1,075,000 5% Site Work $3,225,000 15% Construction Contingency $1,505,000 7% Design Fee $1,290,000 6% Escalation to Mid-Point of Construction (2015) $28,595,000 $1,405,000 FF &E $30,000,000 Total Project Cost _ A building o €.this size will accommodate the basic spaces ECG needs to advance its new programs and support some of its existing programs, but it will not address all of the existing needs. Provisions should be made in the design ofthe STEM Building for a future addition to fully realize the benefits of this concept. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 129 • The STEM Building will attract students who might not have considered studying at ECC, thus reducing chargebacks required to be paid to other counties when Erie County students attend community colleges elsewhere in New York. • North Campus has the largest enrollment of the three campuses; approximately 50 percent of students enrolled at ECC considered it their home campus in fall 2012. A new STEM building at ECC North could have an impact on the education of the largest number of students. • Locating the STEM Building at the North Campus will provide an opportunity to begin a transformation of the campus. Currently there is no "heart" to the campus; it feels like buildings loosely connected by walkways and roads surrounded by a parking lot, not a college campus. • Locating the new building on the southwestern side of the campus will create a welcoming entrance from Youngs Road. The new building will provide critically important academic space and it will also provide definition to the existing expansive green space, forming an academic quadrangle. Once improved with appropriate hard and soft landscape features, the quad will serve as the focal point of the North Campus. The STEM Building, Spring Student Center, Dry Memorial Library, and Gleasner Hall will all face this new "heart" of the campus, which could be used for gatherings, recreation, graduations, and other College events. • If the lot across. the road from the campus is developed by a third party. for student housing, the STEM Building could act as the portal for those students to enter the campus. • Construction of the STEM Building would result in approximately 3.8,700 NASF of vacant space when existing. programs move to the new building; most of it on the North Campus. This vacant space would open up a wealth of possibilities for the College: - Classrooms could be "right- sized," as discussed previously in this report, to better serve a mix of course :section sizes. - Growing programs could expand in place or be relocated to more appropriate space. In most cases, this would occur in conjunction with renovation projects that would address academic priorities while also remedying facilities deficiencies such as inefficient building envelopes, aging building systems, and poor environmental conditions, e.g., buildings that are too hot, cold, stuffy, or all three. Improvements in these areas could also lower the College's operating costs. - Offices could be provided for adjunct faculty. - More informal gathering spaces could be created for students. - Some existing space on the North Campus could potentially be "retired /demolished;" thus reducing operating costs by taking an inefficient and aging building off -line. Therefore, construction of a new STEM Building on the North Campus would provide an environment in which many of the College's STEM - related programs could be consolidated and thrive; it would improve the image of Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 131 Why the City Campus? . The proposed Regional Workforce Advancement Center belongs in the City of Buffalo. The programs that will be housed there, along with classrooms, meeting rooms, and flexible space to accommodate contract training courses for the College's partners in business and industry, will serve. the training :needs of the region well. The Center will function as an education and training pipeline, providing opportunities for Erie County residents from high school drop -outs to workers looking to improve their skills or retrain for new career. . The College does not own land near the City Campus on which to construct a new building :and there is no available space within existing City Campus buildings to accommodate the combined functions proposed for the Regional Workforce Advancement Center. There are a significant number of vacant buildings and sites within the City limits, however, that could potentially accommodate the Center. Requirements for the new facility include: - Ease of access, especially for individuals who must use public transportation - Adequate on -site parking - A building of at least 50,000 gross square feet that will accommodate trade- related training facilities Available land for future expansion - Proximity to restaurants, unless the Center has its own food service With a focus on providing students with career pathways and. promoting entrepreneurship and partnerships with business and industry, the City Campus — along with the STEM - focused North Campus - would strengthen the College's efforts to support regional workforce development needs. Also at City Campus Given its location and the special needs of the growing immigrant population in the city, the College should strengthen student support services through the creation of a Learning Commons that offers students tutoring, greater access to and assistance with computers, spaces for individual and collaborative group work, and a robust :career counseling program. Additional English as a Second language (ESL) courses that focus on providing language skills that prepare students for college level work would also help strengthen the City Campus's role as a supportive portal for individuals looking to enter and excel in the workforce. South Campus - Focus on Genera! Studies The South Campus, located in Orchard Park and Hamburg, serves the southern portion of the County. Site of the new Sustainability Training Center, the Campus hosts a wide variety of programs such as Architectural Technology, Automotive Technology, Computer Aided Drafting & Design Technology, Computer Information Systems, Computer Repair Erie Community College JMZ Architects and Planners Program Needs Analysis and Space. Utilization Assessment Page 133 ECC One College, Many Choices ECC will be able to maintain its institutional identiiy and organizational structure even as the three campuses further clarify their individual identities. The consolidation and reorganization of programs to Create fherned campuses and program clusters will help strengthen ECC's One College image while improving its service to students and the community. The new STEM Building and Regional Workforce Advancement Center, along with the.-other initiatives recommended in this report, will help the College educate and train the workers who will be responsible for the economic rebirth of the region. ECC is clearly more than the sum of its parts! Erie Community College Program Needs Analysis and Space. Utilization Assessment JMZ Architects. and Planners Page 135 Appendices Appendix A: STEM Careers Appendix B Interview Summaries Appendix C: Space Utilization Tables and Analysis Appendix D: Reported Space Needs Appendix E: Recommended Program Moves Appendix F: STEM Building Space Program Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 137 Appendix A.- STEM Careers Aerosp Engineering and O Technici Foresters _ Aerospace Engin eers�� Geographers w __� Agric ultural and Food Sci ence Technicians Geologic and Petroleu Technicians Agricultu E G e o scientists, Excep Hydrologists and G _ _ Animal Scientists Health and Safety Engineers, Except Mining Safety Enginee and Inspectors Anthr opologistsand Arch H istorians _ Arc and Civil Drafters Hydrologists Astronomers Indu.stria,l Erigineenn:g Technicians Atmo and Space Scientists Industrial E ngineers _ Biochemists a n d :Biophys ca Indu "1 Organization Psychologists _ Biological Scientists, All Other _ Information Security A nalysts Biological Technicians Life ; S cientists, ill Other Biomedical Engineers Life, Physical, and Social Science Technicians, All Other C hemical Engineers Marine E "gine and Noval`Architects Chemical Technician Materials Engineers Chemists Mafenals ScentESis _ _ cctions, All Other Civil Engineering Technicians Mathematical Science O o a Civil. En "gine Mathematical Technicians Clinical, Counseling, and School Psycholog M athe m aticians _ Comput and I R ese arc h "Scienti Mec hanic al Drafter Com puter Hardware Engineers Mechanical Engineering Technicians Computer Network _ Engine __ _ __ _ _Architects __ w Computer Network Su pport Specialis Med Scientists, Except Epidemiologists Com puter" Oc cupations:All Other a _ Mic robiologists Computer Programmers Mining and Geological Engineers, Including Mining Safety Engineers Com puter Syste ms An _N etwork and�C' ter S ystems A dm nistrat Com puter U ser:Suppo rf Specialists Nucle Enginee Conserya 5ci.entista Nuclear Technicians Da Administrators Operations R Analysts _ _ Draft All Petro leurn Enginee Econo Physical Scien tists, All Other Electri and Electronics Drafter's " " Physicists e M Electrical and Ele ctronics Engineering Technicians Scientists _P olitical Ele cfrical Engin Psychologists; All Oth er _ Electro- Mechanical Tech nicians m Social Science Res earch Assistants _ E lectronics Eng ineers, Ex cept Comp Social Scien and`Related Workers All Other _ :Engineering Technicians, Except Drafters, All Other Sociologists: _ Engineers, All O f her, m w Softwrare Developers, pplications Environmental Engineering Technicians So Developers, Systems Software Environmental Engin eers .. . S oil :and Plan Scie ntists Environmental Science and Protection Technicians, Statisticians Including Health EnvironmentaLScientists;and 5pecialists,r}cludin.g Health Survey Reseq.rchers Epidemiologists Surveying and Mappi Technician Food S cientists ".and Technologists. Urba d nd Regional Plann Fo rensic Sc ience Technicians Web De _ Zoo and Wildlife Biologists Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 139 Academic Programming Interviews JMZ conducted 24 academic programming interviews, meeting with approximately 90 £CC administrators, faculty, and staff fro.rr the following disciplines: . Academic Administration . Fire Protection Technology • Architectural Technology- . General Studies Construction Technology . Health and Physical Education • Autobody Trades:.Autobody Studies Repair • Health Information Technology Automotive Technology e Hotel: Restaurant Management • Biology . Humanities . Biomanufacturing . Industrial Technology • Building Management & . Information Technology Maintenance . Library • Business Administration (AS & . Mathematics /Computer Science AAS) • Mechanical Engineering • Business Office Management Technology (AAS) • Medical Assisting Chemistry . Mental Health • Civil Engineering Technology . Mental Health - Alcohol & • Clinical Laboratory Technology Substance Abuse Counseling • Communication & Media Arts . Nursing • Computer Aided Drafting & . Occupational Therapy Assistant Design Technology • Ophthalmic Dispensing • Computer Repair Technology . Paralegal • Computer Science .Physical Education • Construction Management . Physics Engineering Technology . Physics /Engineering Science . Criminal Justice (AS & AAS) .Police Science • Culinary Arts . Police.Science (AAS) • Dental Assisting . Radiological Technology/ . Dental Hygiene Radiotherapy Tech . Dental Laboratory Technology . Respiratory Care Dietetic Technology . Security • Early Childhood . SES Staff . ECC Foundation. .Social Science • Electrical Engineering . Telecommunication Technology- Technology Verizon . Emergency Management Telecommunications Technology . Emergency Medical Technology •.Visual Communication Tech- English Graphic Arts & Printing • Environmental Science (AS) . Workforce Development • Environmental Technology GeoScience (AAS) Erie Community College Program Needs Analysis and Space Utilization Assessment Appendix B: Interview Summaries JMZ Architects and Planners Page 141 Appendix S. Interview Summaries South Campus • Office in Building #4, Suite 4106; perfect layout and good location. . There is not.a Student Union on th.e::So.uth Campus so the only place students can relax between classes is the Library. North Campus • K- Building 120; Director of General Studies for all three campuses. • Additional office in B- Building (B208D) -suite of offices that also includes Office Management; support staff in same office. • Use K -100 ( ---130 seat lecture hall) twice per year for advising. • Course cap is 32, • Three adjunct faculty share.a desk in K -1 18. . General Studies has a dedicated classroom but it lacks smart technology. There is one portable "smart cart" for the entire North Campus. • Students tend to stay in the building that houses most of their classes. The Student Center is at the far end of the Campus. K and B Buildings ... have student lounges and. satellite food kiosks. City Campus . Three offices on the fourth floor: 441 (three people), 443 (main office), and 445 (Director), Six part -time faculty. • Students wait in the hall for advising. • General Studies does not have dedicated classrooms at City. All courses are taught in the Flickinger Center; smart technology is needed in more classrooms (the department has some portable presentation equipment, but they would prefer that technology be integrated into the classrooms). Maximum enrollment of 32 due to size of classrooms. • Students congregate in the Atrium, which results in noise problems throughout the building: • Vending is available on the fourth floor. Erie Community College JMZ Architects and Planners J Program Needs Analysis and Space Utilization Assessment - Page 143 • The North Campus looks more like a high school. The facilities need to be updated and given a face lift to attract students. • Faculty would like. all building entrances to be accessible. Also, rest rooms should have accessible entrance doors. • Elevators need to be more reliable. • There should be a dedicated Interfaith Prayer Room.. Communications & Media Arts (CMA) • CMA classes are primarily taught at the South Campus. CMA classes at South and City Campuses are minimal. • South Campus: "CMA is a big, strong, not well supported program." Require secure storage near Room 421$. • Communication & Media Arts (CMA) is listed as being part of the English Department. Enrollment consistently between 110 and 200 for past 10 years. No changes in enrollment anticipated. • Academic space needs: trends in online digital media; more lab space and computers are needed Increased equipment needs create increased safe and secure storage needs. • Department would like more smart classrooms and at least five dedicated computer labs for teaching space and student use. • All CMA offices should be in some area. • Currently occupy two offices for faculty and space for department secretary. Dedicated Editing Lab; use lecture halls for classes and share other classrooms with English Department. • John Harrigan. (F/T); 41 15C Gina Stevens (F /T) and Richard Robison (F/T) 41 15D (shared with English) • Jeff Macieiewski, Dave Aragona, Mike.Ferrell are all P/T faculty with no dedicated office space. • Paulette Krakowski (F /T secretary); 4115 • Department would like to hire at least one more F/T faculty and two additional adjuncts. • There should be a practice presentation room for students. South Cams • Many classrooms are too small to handle larger class sizes..: • Faculty would like to be located together to make it easier for them to collaborate with their peers and to make it easier for students to locate their professors when they need them. Additional office space is needed to accommodate adjunct faculty. • The Video Editing Lab on the South Campus needs projection technology; could use an additional video editing lab that can accommodate up to 10 people. • Faculty would like a space for storing. equipment that also can be used as the area from which it: is loaned out to students. • The projection technology in lecture halls 5101 and 5102 needs to be updated. Erie Community College Program Needs Analysis and Space Utilization Assessment Appendix B: Interview Summaries JMZ Architects and Planners Page 145 Appendix B: Interview Summaries Telecommunications Technology Civil Engineering Technology Computer Aided Drafting and Design Technology Construction Management Engineering Technology Electrical Engineering Technology Industrial Technology Mechanical Engineering Technology Automotive Technology October 16; 2:00- 3:00 PM Ed Holmes, AVP Academic Affairs Mark Hoeber, AAD Technology S. Brian Rickert, Telecommunications Technology Chair, South Campus Nathan Witkowski, Industrial Technology Chair, North Campus Brian Moog, Construction Management Engineering Technology Chair; North Campus Anthony Doles.sJo, Electrical Engineering Technology Chair, North Campus. Jean Stark, JMZ Patricia Pietropaolo, JMZ General Comments . Telecommunications Technology is located on the South Campus (TV Production). The remaining Technology programs are located on the North Campus. • Labs are not designed to be accessible. Telecommunications Technology • Telecommunications Technology (TV Production) also teaches Communication Arts students. • The existing TV Production Studio is one -half classroom space and one -half production space. This provides sufficient space to support tele- presence for distance learning. However, the TV Production Studio needs to be upgraded to accommodate HD technology and new video- on- demand technologies. • Department hopes to hire an additional full -time faculty member; need for an additional office. • Additional computer lab space is needed; 10 computer stations with specific software., • The Department is short of adequate lab space for teaching hardware, software, and networking skills. This lab must be shielded from the ECC network. • Need more storage space. • Adjunct faculty needs office space to prepare for classes and to meet with students. • The biggest issue for the department is the need for additional full -time Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 147 Appendix B: Interview. Summaries Electrical Engineering Technology • B10:4:and B1 14 are underutilized. Functions in:fhese rooms could be consolidated into one multi - functional room and then B104 and B1 14 could be renovated to create a large collaborative space equipped with computers, as well as some faculty office space: • Degree program and certificate degree. Developing new courses and retooling the program. Would like to offer more advanced courses; venture into nanotechnology in cooperation with UB. • Students need access to computers and specific programs in order to complete out of class work but there are currently not enough computers to accommodate their needs. • B1 15 is used by Workforce Training. Students in these non - credit classes tend to disrupt regular classes as they. mill about the halls and carryon loud conversations. EET faculty feels that the Workforce Development courses should not be taught in an academic building. • Room layouts of classrooms and lab space in the B -100 wing are outdated and underequipped. B -1 13A was recently upgraded under a grant and functions well for the department. Although the room and equipment are currently shared with Industrial Technology, EET plans to increase use of the room; so an additional computer lab will be needed to accommodate both departments. • Room B1.1 313 was also recently renovated and is now a high- quality lecture space. With a seating capacity of 32, it is a highly sought after space. Another smart classroom with the some capacity is needed. • B106 was recently reconfigured (but could still use a face -lift) and it now works well for the department, • B104 has inadequate electrical capacity for use by the PV course and It is inadequate for newly developed courses, as well as some existing courses. This room should be renovated to help create a multi- functional lab for Technology. •. Room 13114 is the department's largest room but faculty feels it is practically unusable in its current state. It needs to be renovated to create a multifunctional lab that can be used for a variety of courses. Erie Community College JMZ Architects. and Planners Program Needs Analysis and Space Utilization Assessment Page 149 Appendix B: Interview Summaries Information Technology Business Administration Business Office Management October 16; 4:00- 5:00 PM Ed Holmes, AVP Academic Affairs Marti Dixon, AAD, Distance Learning (South Campus) Donna Kaputa, Information Technology Chair, North Campus Louise Kowalski, Information Technology Chair, South Campus. Kathleen DeNisco, Business Administration Chair, North Campus Jean Stark, JMZ Patricia Pietropaolo, JMZ General Comments • Underfunding of the Maintenance Department has resulted in routine maintenance being delayed. • More smart classrooms (with presentation technology and teacher's workstations) are needed because instructional methods are increasingly relying on access to the Internet, interactive activities, visual displays and demonstrations. • Additional computer classrooms are also needed. • Buildings on North Campus undergo extreme temperature swings making them very uncomfortable at times. This is the .number one complaint of students, faculty and staff. • All instructional spaces should be equipped with adult -size tables and chairs, not table arm chairs; They should all accommodate students with disabilities. • Distance learning hybrid courses are scheduled as if they were regular classes, which negatively impacts room utilization rates. There were 91 hybrid :course sections in fall: 2012. • ESL is run by Student Services, which offers no courses. Information Technology Uorth Comm • Enrollment has been steady over last several years. Cancelled night class last semester. • Information Systems Security at ECC has been certified as a National Center of Academic Excellence 2 -Year by NSA and Homeland Security. Department would like an upgraded laboratory for these courses -need to turn away students due to physical space and equipment restraints. • Would like a dedicated lab — former dedicated lab. space (G170) was taken away this semester to create the new One -Stop Center. • Using a Computer Science Lab to teach security courses. • Offices are located in .G207. • South Campus • Two F/T faculty are located. in Room 4102. • The.Department has no space issues. Updated computer classroom 4223 with Perkins Grant. • More classrooms should be equipped:with computers and a consistent number of student stations. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 151 Criminal Justice Police Academy Culinary Arts Hospitality Restaurant Management October 16,- 4:00- 5:00 PM Ed Holmes, AVP Academic Affairs Kenneth Barnes, AAD Jim Lalime, Criminal Justice Chair, South Campus Michael Kozlowski, Criminal Justice Chair, North Campus Tomasina Cook, Criminal Justice Chair, City Campus Paul McElvein, Criminal Justice /Crime Scene Technology Ed Hempling, Police Academy /Homeland Security Program Dorothy Johnston, Culinary Arts Chair, City Campus (Baking and Pastry) Mark Wright, Culinary Arts Chair, North Campus Sue Blanton, Administrative Assistant to Business Administration /Culinary/ Early Childhood . Tenee Casaccio, JMZ Jean Stark, JMZ Patricia Pietropaolo JMZ General Comments The lighting at the North Campus is dated and harsh, especially in offices. Business Administration • Computer lab space is needed (have to move around software licenses now); need more smart classrooms. Certificate in Financial Services will be deactivated. Certificate in Entrepreneurship may grow into a degree. All certificates count toward an AAS. Criminal Justice • CJ is offered at all three campuses. City Cam pus • Program is located in 45 Oak Street building along with Crime Scene Technology. • Steady enrollment of approximately 200 students. • Office space is good; has four offices for three F/T faculty and one adjunct faculty: • Classroom 119 dedicated to CJ; seats 32 students but it is tight fit. Some special needs students have interpreters with them. There is no specialized equipment in the room. • Classroom is used 9 AM to 7 :30 PM, Monday through Friday. (Paralegal uses the space too.) Plan to add additional CJ electives to the curriculum and growth is expected. Erie Community College Program Needs Analysis and Space. Utilization Assessment Appendix B: Interview Summaries JMZ Architects and Planners Page 153 Appendix 8: Interview Summaries • Ideally, each campus would have one room set up for mock crime scenes; another for processing evidence, and a third smart classroom'for work on computers. City Campus • Uses Room 138 (computer lob) but doesn't need the computers. Just needs access to a smart classroom where they can do "messy stuff." • Faculty office in 108, • Some courses are offered at South but the campus does not have a CST lab. Morth CaBWL • Share classrooms with other departments. Challenges having to back and forth between two buildings for classes. . B409 is the Crime Scene Technology Lab. There is lots of equipment in the room but it is too small to effectively set up as a mock crime scene. Room has hood for fingerprinting; also use it as a meeting room. Require a larger, dedicated lab that could be shared with CJ and the Police Academy, along with a dedicated smart classroom: . CJ, Police Academy. and CST ail work well together. • Faculty office space is tight and it is difficult to secure the rooms. Things are often stolen. • Classes are technology intensive so it is very problematic when classroom technology does . not work. Technology throughout the campus needs to be updated. Police Academy (North) and Homeland Security (Certificates) • Homeland Security enrolled 126 students this semester; up from 40 just 5 years ago. Two courses taught at each campus per semester. • Joint certification possible within two years: CJ and Homeland Security. • The Police Academy is not accredited with SUNY; department does in- service classes for State Police. 30 credit hour program. Two -year degree requires fire arms training. • Police Academy enrollment has increased steadily over the last five years. Historically class sizes averaged in the low 30s; the past two semesters have seen enrollments of 60 +. The Department anticipates enrollments will continue to increase. The Department plans to begin training new corrections officers, as well. • Breaking even for ECC as of late. Program "adds luster" and strengthens other ECC programs. • Use off -site locations for situation training and firing range. Would like a Scenario Room that can be set up fora variety of situations and a firing range on campus. . • Share athletic space with other departments, but would like their own space. Schedule conflicts with some sports teams and summer camps. • Biggest evaluation complaints from students: outdated equipment, facil ities, poor HVAC control in buildings, and lack of a firing range. • There is on overlap with the Police Academy and Homeland Security. • Faculty identified a special need for Academy expansion to offer police practicals in firearms, defensive tactics and physical fitness education. Erie Community College JMZ Architects: and Planners . Program Needs Analysis and Space Utilization Assessment Page 155 Appendix B: Interview Summaries squeezed into the lab and some leave the program. A larger lab is needed. • The l st year students work in the Production Lab and the 2nd year students work out of the Stotler Lab (for the restaurant), which is well .equipped and appropriately sized. • Faculty gave up office space to create the Cafe and the Baking Finishing La b. • More storage space is needed. • Require larger labs to "properly and appropriately teach students Culinary and Baking & Pastry Arts;" storage space.for large pieces of equipment; and offices that are near labs so faculty is more accessible to students. ort . amour • Cafeteria kitchen is used as a lab Monday through Thursday. There. i a small bake shop. • The Erie.Room Restaurant, which was just remodeled using a Perkins Grant, is open for 16 weeks. • 48 students are in the Caf6 lab at the same. time. • Restaurant Management shares space with Culinary Arts: They use the lab on Fridays: 1 st year students (60 students in three classes). • 1 st year students taking five to six semesters to graduate because they can't get into the courses they need to graduate. • The Department has grant money to renovate an old locker room to create a cooking lab /baking lab. • Lost a F/T faculty member who was not replaced so faculty is currently overloaded. Would like to have a F/T Pastry Chef. • Quantity and quality of office space is good. • Adequate storage space. • S 134 is the Small Quantity Food Lob that is used by 1 st year students, eight student stations = one is .accessible. 18 -20 students in lab at one time. Hospitality Restaurant Management.. • Department is located at North Campus. • Enrollment has been steadily increasing each academic year: 60 students in Hospitality Restaurant Management (HRM) and 110 in Culinary Arts on the North Campus. • There is concern that Niagara County Community College's new downtown Niagara Falls facility will have a detrimental impact on FCC's recruitment/ retention efforts. • The Stotler Dining Room kitchen area was recently renovated, as was the Small. Food Lab. Faculty feels that a significant expansion and renovation project is required if the program is to stay competitive with other community colleges. • The proposed Baking Lab at North Campus will be used by both Culinary Arts and HRM. • HRM is "mandated" to provide a changing area /locker room for students to change out of lab uniforms into street clothes at the end :of class. Such as space does not exist. • HRM is currently housed in the Spring Student Center on North Campus. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 157 Appendix B: Interview Summaries ■ Appropriate size desks are required to accommodate students; tablet arm chairs are often too small. • Space /room is. needed to store required program equipment. • F/T faculty include, Susan Gallagher, Barbara Rizzo and Sonja Miller. • Jeanie Bryant, Christine Chi.pp, Josephine Degnan and Polema Huber are P/T faculty. • Deboraho Grambo and Sharon Interdonato are support staff. Medical Assisting (AAS) North Cam • No new space was requested for Medical Assisting at the meeting, but the written material indicates that computer laboratory access is needed for students in 6 new medical assisting courses mandated by accreditation in the Medical Assisting and Medical Office Practice programs. • Classroom space is needed for a smart MA classroom since B608 has a maximum capacity of 10 student desks. The classroom should also be equipped with tables for phlebotomy training and locked storage of equipment. • Program has been revised and new faculty hired. • David Sylvia is the F/T faculty member and there are 3 P%T faculty; Laurie Dentinger (teaching 34 credit hours /yr), Jackie Gaiser (teaches evenings) and Deborah Run (teaches Saturday). • Deboraha Grambo and Sharon Interdonato are shared support staff with the CLT program along with the Technical Assistant and department secretary. (No office space indicated.) Health Information Technology (AAS) North Campus • HIT is accredited by the Commission on Accreditation of Health Informatics and Information Education (CAHIIM). • Graduates of the Health Information Technology program are eligible . to write the. Notional Qualifying Examination for certification as a Registered Health Information Technician (RHIT). • Most students are taking the program as retraining rather than entering as recent high school graduates. • HIT is offered at North Campus and no collaboration with other ECC campus is planned at this time. • Enrollment has been consistent at 50 -60 students for the last several years. • Class size has averaged 30 students each semester: Two laboratory sections are offered for each lecture section. This arrangement provides sufficient space for lectures but not enough. laboratory space in classroom /lab B400. • Faculty request teacher work stations /smart classrooms for lecture/ laboratory classes. • There is concern that laboratory sections taught outside the HIT laboratory are not in an environment that is conductive to learning and Erie Communit College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 159 • The EMT: Paramedic Program at the South Campus is designed to meet the national standard for Emergency Medical Technology: Paramedic. The program's primary objective is to prepare students to become certified as paramedics and provide effective components in the delivery of pre - hospital advanced life support. The full-time (day and evening) program consists of 53 -weeks of study running from August to August. • Students must have completed basic :EMT prior to acceptance in the AAS program. Basic EMT is offered at both North and South Campuses. General Comments - EMT courses cap enrollment at 20 due to equipment /instructor /space constraints. • Although EMT: Paramedic is only offered at the South .Campus, basic and intermediate EMT programs are offered of both North and South Campus. • Student access to computers is needed for required course work for accredited program. 5aW • EMT; Paramedic is an equipment intensive program. No new space required for accreditation, but computer access is needed to track the skill progress of students. .. • A 2 73 bay garage is requested for demonstrating extrication of victims from. an automobile. The garage should be close to EMT classrooms and laboratories to allow for skill station rotations. . Dedicated ambulance modules are requested for some of the labs (particularly in 3110). Also, an ambulance simulator with audio /visual capacity situated in a garage is requested. Dedicated EMT space includes: Room 3130- which accommodates 5 faculty offices /storage /office suite for secretary; room 3100- which has 6 breakout rooms for skill practice /large multipurpose classroom /storage; room 3110 - a former chemistry laboratory with laboratory tables still in place. Room 3100- has a large classroom /1 -small classroom /storage room. Shared space includes: Room 3104, the only smart classroom accommodates a large classroom /3 small storage rooms; room 3113- classroom; room 3124- classroom, room 3126- classroom. • All of the EMT programs offered at South campus share the available rooms. Programs include- Paramedic: day and evening; Intermediate course; Paramedic recertification course; Intermediate recertification course; EMT basic course. • Courses run for varying lengths of time from a semester to 5 months and the paramedic program takes 13 months to complete. Class times are not based on standard class scheduling but rather run for 3 to 6 hours on. various days /evenings.. • EMT fulltime faculty all have office space in 3130 with the part -time department secretary. F/T faculty include: Steve Carlo, Scott Corcoran, Joseph Gonter, Abigail Harning, and Thomas Luke. • Part +time faculty (CIC's) are: James Cleveland, Denise Cuillo, Sharon Dimpfl, Mike Mazurowski who all share 3130 with the F/T faculty. P/T Gregory Jankiewicz and Patty Vaccaro are shared with North Campus where their offices are located. Erie Community College Program Needs Analysis and Space Utilization Assessment Appendix Q: Interview Summaries JMZ Architects and Planners Page 161 Appendix 8: Interview Summaries Food Service Administration - Dietetic Technology - Nutrition Care (AAS) North Campus The primary objective of the Food Service Administration- Dietetic Technology- Nutrition Care curriculum is to prepare technicians to interview patients regarding food patterns, counsel patients in dietary practices, report nutritional status and progress to other health care professionals, monitor food consumption of clients, calculate nutrient components and plan and supervise food service. • The Food Service Administration - Dietetic Technology- Nutrition Care Program is accredited by the Commission on Accreditation for Dietetic Education of the American Dietetic Association. Graduates of the program are eligible to write the registration examination for dietetic technicians. Twenty -four students is the maximum per year. • Currently there is 1 classroom for the program and it is too small- G153. The laboratory G147 contains 6 stations and could be enlarged to 12 stations. • There is a request for a smart classroom and a laboratory with 4 stoves and a prep area that would be used for 2 2 -hour labs each fall. • F/T faculty are Margaret Garfoot and Katherine Krais. P/T faculty include: Susan Dudek, Sheryl Warren and Elizabeth Drozd. . All faculty share an office -G149 along with the P/T department secretary, Mary Gentile. . There is no expectation of personnel changes in the near future. Dental - General • There are approximately 400 applicants annually with 60 accepted.... • There is a waiting list of pre- :dental /hygiene students to enter the programs. Dental Laboratory Technology (AAS) South Campus • The goal of the Dental Laboratory Technology Program is to train students to be capable of the design, fabrication and production of dental prostheses, including full and partial dentures, crowns, bridges and orthodontic appliances. • Current Dental Laboratory Technology laboratories at South Campus accommodate students confined to wheelchairs. • Enrollment is anticipated to remain approximately the same for many years. • The:Buffalo Niagara Partnership is working to bring a dental manufacturing business to the area. • A dental CAD /CAM course is being added to the curriculum. Additional equipment that is required has been obtained. • A dedicated room is requested for the CAD /CAM with 12 student and 1 faculty station. • Existing facilities have ventilation to the outside with blower systems for removing fumes and desktop vacuum systems. Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 163 Appendix 8: Interview Summaries • Bl 12 is the smart classroom /lab with 36 desks. • Storage and office space is in B1 11. • B108 is storage. • An Ophthalmic Assisting Lab is requested that is similar in size to B107; 12 stations. • The three program faculty hall have private offices. • John Godert is the Department Chair at North. Nursing, AAS QK Uanuanr Admittance). North (&Rtember Admittance Only The program is accredited by the National League for Nursing Accrediting Commission, Inc. • City: 90 students- day only; admitted in spring. • North: 120 students- day and evening programs; admitted in fall. Biggest. need is at North where there is only i lab; need additional. Occupational Therapy Assistant Radiologic Technology: Radiation Therapy Technology Respiratory Care: October 17; 2:00 PM Ed Holmes, Associate Vice President Academic Affairs P.J. Wiles, Associate Vice President Academic Affairs Patricia Bennewitz, Radiation Therapy, Chair City Campus Betsy Jones, OTA, Chair North Campus James Bier], Respiratory Care, Chair North Campus .. Jean Stark, JMZ Patricia Pietropoolo, JMZ General Comments Occupational Therapy Assistant, (AAS) North Comm • The.Occupational Therapy Assistant curriculum prepares entry-level occupational therapy assistants to work in community and institutional health care programs, providing direct service to individuals. • Twenty -four students are accepted into the program each fall. • Enrollment is not expected to change. • Certification exams are given online. • The program is not expected to grow. • Current lab configuration is inappropriate for student practice and learning. • Floor is slippery and temperature regulation is a problem. • Lab space does not allow students to sit in desks /chairs but rather the room is equipped with tables and uncomfortable chairs to adapt to the minimal space. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 165 campus at UB. Department secretary Cindy DDyll office is 113. Respiratory Care (AAS) Appendix B: Interview Summaries North C u • Graduates of the program become.el.igible to obtain the .Certified and Registered Respiratory Therapist credentials. Graduates can then apply for a license to practice—through the Office of Professions, New York State Education Department. The Respiratory Care Program is fully accredited by the Commission on Accreditation of Respiratory Care (CoARC). Programs may be moved to 4 -year degree requirement. • There is no anticipated change from the current 30 students in the program. • Respiratory care uses G21 1 for a classroom and G215 for laboratory courses. • G21 1 is too small. The program requests the use of a smart classroom for TTH 9 -4. • G215 is a laboratory with computers in the back of the room. If computers were moved out, room would be sufficient space. Need storage space. • The program has 1 SIM laboratory now. There are approximately: 1.0 SIM labs on campus. • There is potential to develop a 'sleep medicine program' for 5 -10 students. Lab space would be required for the new program. • Two F/T faculty. and 1 P/T VA share an office. • James Bierl, F/T faculty and Chair shares an office with a P/T secretary. • The 8 -10 P/T faculty do not need office space Building Management and Maintenance Building Trades /Residential Light Commercial, Certificate Green Building Technology, Certificate Heating, Ventilating, Air Conditioning & Refrigeration, Certificate October 17; 3:00 Ed Holmes, Associate Vice President Academic Affairs Andrew Soko, Chair Building Management and Maintenance; City Campus Jean Stark, JMZ Patricia Pietropaolo, JMZ Building Management and Maintenance (AOS) Cily Cau3pus • The Building Management and Maintenance curriculum prepares students to assume key positions in fields of facility operations and property management. The curriculum is unique among New York State colleges in providing this technical and managerial training. • The program was developed by working with industry to develop skills Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 167 Appendix B: Interview Summaries Erie Community College Academic Programming Interview Summaries October 16-1 8 2012 .. . Early Childhood Emergency Management Fire Protection Technology Health and Physical Education Studies Recreational Leadership Paralegal October 18; 12:00 - 1:00 PM Ed Holmes, AVP Academic Affairs Kenneth Barnes, AAD Pat Kemp, Early Childhood, Chair City Campus Dave Bochynski, Chair Health, Physical Education & Recreation, South Campus Rosa Gonzalez, Chair EM City and Chair FPT South Campus Joseph Krenitsky, Chair Paralegal, City Campus Jean Stark, JMZ Patricia Pietropoolo, JMZ. Early Childhood, (A.A.S.) f ily Cam us • The Early Childhood Program consists of early childhood courses, liberal arts courses and practical field experience with infants and young children. Students working in the field may apply for waiver /or LEAP credit for Labs I, II or III, depending on experience. Many of the required Early Childhood courses are offered during :both the day and evening. • Those interested may take 12 credit hours in the Early Childhood Department to meet New York State daycare regulations. • There are 175 students enrolled for the fall 2012 semester; outlook is strong. . • Some graduates transfer to 4 -year programs others are employed directly and some meet the NYS requirements and open their own child care facility. .. • The program uses smart classrooms that are shared with other programs. • Satisfied with space on 2nd floor of old Post Office building. • One more smart classroom is requested. • Daycare is available at 3 campuses, but they are not teaching units, therefore not tied to the Early Childhood program. Would like to go back to being a lab school some day. The program partners with. UB and Westminster for student laboratory experiences. . Enrollment is down slightly from last year probably due to demographics and changes in financial aid funding, A strong enrollment is expected to Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 169 Appendix B: Interview Summaries courses on all three ECC campuses. This allows students to experience a wide variety of course offerings tailored to their specific. career goals. General Comments • The Health and Physical Education Department is a service department for the College and currently offers two academic programs (one is being discontinued). • They are a 3- campus department with a single chair for all three campuses. • Lifeguard instruction is offered at City, The pool has been converted to exercise facilities and lockers at South. Recreational Leadership. • Under enrollment has led to program discontinuance May 2013. Physical Education Studies • Had shown a steady increase in enrollment and is now leveled off at about 180 students. • New program initiatives are: a Health and Wellness degree and a certificate in Exercise Science /Personal training, • Space and equipment will. be needed for the programs being developed. City Campus has a pool, but South and North do not. Pools are requested for both North and South Campuses. South's pool was filled in and is being converted to a new Fitness Center and locker rooms. • A small room to use for specialized /smaller classes like Yoga is requested for loth North and South Campuses. The small room would free -up the gymnasium for other uses. Space cit • Office space is limited. Two F/T and 11 P/T share one office and a desk in another office. Gym, computer lab and pool are adequate. N orth Office space is limited, Two F/T and 13 P/T share an office plus a closet size space. Classrooms computer lab and gym are adequate. • 2 -smart Classrooms dedicated to health courses. Equipment is stored there also. . A pool and a larger fitness room are requested. • Would also like an exercise room for yoga, etc. S outh • Five F/T and 11 P/T faculty are in part of office suite 6206 and in two other offices in building 5. Classrooms and gym are adequate. • A pool and a student computer lab are requested. • When the new fitness center is completed -it is hoped that the faculty housed in offices in building 5 will join the faculty in 6206 by taking over the entire suite, The move would also provide space for a computer lab. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 171 • There are plans to offer EM and FPM courses at North Campus sometime in the future after the plan has been presented to the advisory board for consideration. • Finding space to: hold evening (5;00 PM) department (EM & FPM) meetings is difficult. A recommendation on how to alleviate this need is appreciated. • Issues are helpfully resolved by registrar at South Campus. • F/T. Rosa Gonzalez, Chair- Emergency Management and Fire Protection Technology. • P /T: at South and City. Charles Brown EM & FPT, Rod Cameron FPT, Ralph at. EM & FPT, Kevin Hodgson FPT, Ronald Kenyon FPT, Michael Murphy EM, Donald Schueckler FPT • Support Staff- South and City Campus. Janice Sagun, Senior Clerk Typist- shared with 3 other programs, South Campus.. Thomas Chmielowiec, Support Specialist, Recruitment, South Campus. Joyce Munn, F/T Senior Clerk Typist, Dr, Barnes's Assistant, EM & FPT, City. • Office numbers were not provided. • The combined program, EM -FPM, requests a P/T person to teach some.. EM /PFT courses and support the daily operation of the department. The request was identified in the recent Program Review for FPT. Fire Protection Technology (A.A.S.) Soutb Com • The Fire Protection Technology Program courses and the general studies courses combine to prepare the firefighter, fire officer and fire investigator for the challenges of modern day firefighting. Graduates of this curriculum are qualified to accept leadership positions as fire officers, chiefs; marshals, arson investigators and safety officers in both the public and private sectors. • About 30 students are enrolled in the program. Most are firefighters or high school graduates. • The hub for the FPT program is the South. Campus. • FPT courses are not offered at the City Campus. • An office is maintained at the South Campus to support both the EM and FPT degree programs. • There are plans to offer EM and FPT courses at North Campus sometime in the f uture after the plan has been presente.d.to the advisory board for consideration. • Faculty and staff listed above in EM for both programs South and City Campus. Paralegal (A.A.S.) cill Campus • The objective of the Paralegal Program is to train students to assume responsible positions in law firms and in other institutions where knowledge of the law is.essential. Armed with a broad knowledge of the law and business structures, graduates will be able to .work effectively as paralegals under the supervision of an attorney. Appendix B: Interview Summaries Erie Community College JMZ Architects. and Planners Program Needs Analysis and Space Utilization Assessment Page 173 Appendix B: Interview Summaries Marcia Gellin, AAD for Liberal Arts Carol Mack, Biology, North Campus Keith Scully, Biology, North Campus Mary Anne Cattieu, Biology, North Campus Murray Weinstein, Biology Chair, City Campus. Beverly A. Roe, Biology Chair; South Campus Michael Sorrentino, Chemistry Chair, City Campus Steven Zawacki, Chair Chemistry, North Campus John Donna, Chair Physics /Environmental Technology/ Geoscience North Campus Sushil Patel; Chair Physics /Engineering Science North Campus Jean Stark, JMZ Patricia Pietropaolo, JMZ General Comments North Cam us • In general ECC needs updated and clean facilities to compete with area colleges. • An auditorium is needed and a conference room. • Students need a .common area with a small food court. • Updated restrooms with automatically flushing toilets are requested. More staff should be hired for housekeeping and maintenance. Biology Biology is a service department providing required courses for ECC programs including health related programs and degree programs designed for transfer to 4 -year degree programs. • Departments serviced by the Biology department are: Nursing, Dental Hygiene, Occupational Therapy, Medical Office Assistant, Medical Office Practice, Respiratory Care, Dental Assisting, Health Information . Technology, Radiologic Technology, EMT: Paramedics, Emergency Medical Services Provide r,:PhysicaI Education. North Campus • Ninety -six sections of biology courses are offered in fall 2012 servicing 2200 students. • There are not enough sections of Anatomy and Physiology and Microbiology to accommodate all of the students wishing to take the courses. • The shortage of course sections is due to. the number of lecture and lab rooms. • There are 3 lecture rooms and 2 lab rooms. • Concern is stated that students are going to Niagara County Community College because biology courses are not available at North Campus at times students want to take them. • Space needs to accommodate the sections needed to service Allied Health programs include: Two additional lab rooms- making a total of 4. One add itional..preparation room, preferably between the 2 labs. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 175 Office space is needed - three would be sufficient. • No information on office space was provided. Chemistry • The chemistry division provides courses that support degree programs including: Environmental Science, Allied Health and Forensics. North • There As a general need for open computer labs for science students. . Students do not have access to labs for out -of -class work. • Labs are outdated (built in the 50's) except for Organic Chemistry lab, Exhaust hoods are barely adequate. Ventilation should be upgraded. • Semi - control of 2 classrooms but when a class is cancelled due to low enrollment the room is not available for scheduling the next semester- "squatter's rights" prevails. • Lecture rooms should be upgraded to smart rooms. . Space to. tutor students is needed as is office space for P/T fatuity. • Storage space is needed. . Police Science now has lecture hall that had been used by Chemistry. Office space is adequate except for HVAC. • F/T faculty: T.. Rotlarz ( ?), P. Devis Sanchez, S. Zowacki, S. Rudolfino ( ?). Faculty office space is B700 B &C and 8703 C &B. • P/T faculty: there are 7 to 8. . F/T Chemistry/Physics department secretary: T. Fiarello, located in 8700. • P/T Technician: U: Rizu. City Campus • Chemistry Department FTE's are between 68 and 73. There is no expectation of change. Appendix B: Interview Summaries Middle College is using lab space Tuesday and Thursday mornings; • Chemistry storage should be closer to the labs and classrooms. Currently storage is not on the some floor as labs. ■ The prep room becomes a default storage area for frequently used Chemicals and equipment. The clutter and accumulation of chemicals may lead to safety issues: • Carts are used for lab prep. • The 2 lab rooms are designed for 16 stations /students but are also used for lectures that have up to 32 students. Problems are created for seating the extra students and violation of fire codes. Egress is sometimes impeded by the extra desks brought into the room to accommodate the larger number of students in lecture sections. • There has been a continuing problem of water infiltration into walls leading to paint peeling off the walls and release of plaster dust. The 10 -year problem may have been resolved recently. • It is hoped that Organic Chemistry, which had been taught at North in the past, will be restored. The cost for upgrading a lab and purchasing equipment is estimated at $ T 00,000. • Offering Analytical Chemistry is a second priority which may become a requirement as the Environmental Science Program grows. • 50% of classes are taught by P/T faculty who do riot have designated Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 177 Appendix B: Interview Summaries Engineering Science (A.S.) ..No h Campus • This 2 -year Engineering Science Program is designed to qualify students for transfer to a four -year engineering program. • The current enrollment of 190 full- and part -time students is not expected to:change. No new sections or courses are planned. • No additional space usage or need is anticipated. . • There are no scheduling conflicts with shared lab space. Five sections of ES drafting are taught in the Civil Engineering Technology drafting lab. Five sections of AutoCAD are taught in. the computer Tabs. • P/T faculty need offices. • Open labs are needed for students. . F/T faculty: Sushil Patel, Chair, B700G.. P/T faculty: Irvine Reining; Richard Deigelman; Manual. Rivers; Ralph Ges.hwill. No assigned. office space. Erie Community College Program Needs Analysis and Space Utilization Assessmenf JMZ Architects and Planners Page 179 Appendix B: Interview Summaries Police Academy Program • Currently there are 65 students in Police Academy. . 20 students pay tuition; 45 do not, but ECC is eligible for FTE aid. • Two 20 — week sessions /year. • County supports Police Academy philosophy but not financially. MOU between ECC and County for $200,000/yr. is not being honored by County. • Local police departments loan the Academy instructors for specialty topics. . Would like to be a regional training center. • Potential for training peace officers and correction officers. • Would like to develop certificate programs; on -going training programs, i.e. Loss Prevention Certificate, Leadership Training. Reported Space Needs • Smart classrooms. . Large room for Firearms Unit and Driving Simulator • Storage space, about 1,200 square feet. . Indoor Firing Range (10 positions). Estimated space need of 6,700 square feet. • Defensive Tactics Room (1/2 gym space, approximately 2,000 square feet): . Therefore, require around 13,000 additional square feet of space. Currently have approximately 8,000 square feet. Total need is approximately 21,000 square feet, according to Director. Staff . 1 F/T administrative assistant; 3 F/T faculty (includes Director). • 1 P/T receptionist, 6 P/T instructors. New Programs • ECC wants to be a full- service provider. • Want to move Security Guard training to a certificate. • Collaborating on curriculum for Correction Officer training. program (200 classroom :hours /9 -12 credit hours) with Monroe Community College. • Have started a Peace Officer training program. • Ed is focusing on leadership training. Criminal Justice miscellaneous discussion • 900 -1000 students enrolled in Criminal Justice program. • Maximum number of jobs available /year is 150: • What can be done in the CJ arena to provide jobs for graduates? • Criminal Justice programs are on three campuses. • South is the most recent program. It was established to compete with the program at Hilbert College. • Could each campus support a CJ program with a different focus? • Crime Scene Investigation could occur only at North (which would eliminate program at City), Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 181 Appendix B: Interview Summaries Eerie Community College Academic Programming Interview Summaries November 13 -14, 2012 SES Staff November 13, 10;00= 1 T:00 AM Jeffery Bagel, Executive Director ECC Foundation Jack Foley, Assistant to the President Ed Holmes, AVP Liberal Arts & Sciences Marsha Jackson, AVP Student Affairs Jack McDonnell, AVP Safety:& Security Bill Reuter, Chair Administration & Finance Offices Fred Rogers, AVP Institutional Research, Assessment, Accreditation & Plan- ning Joe Stewart, AVP Information Technology Richard Washousky, EVP Academic Affairs Pi Wiles, AVP Health Sciences Darley Willis, Director of Equity & Diversity John R. Ford, Assistant Director of Human Resources Mary Beth Orrange, Faculty Chair — Middle States IPA Kristin Klein Wheaton, EVP for Legal Affairs Challenges • Perception that security /safety is a concern at City stereotype not actuality. Security concerns keep suburban .residents from taking courses at City. A large number of students who live in the City go to the North Campus. • Parking .at City is an issue. • Political pressure to have a presence in City. o Paralegal and Baking offered at City:exclusively- cannot determine if programs would grow if moved to North or South Campus. • ESL is needed at City Campus. • Past conversations about consolidation /theming of campuses; Police/ Fire /EMT students are not afraid to take courses downtown. • Creating a one - college feeling at all three .campuses is a challenge. Chairs are faculty and could return to F/-f teaching if there was not d chair at each campus for the same department. • Student Services are at 45 Oak, but not convenient for City Campus students. A one -stop philosophy and configuration is needed at all campuses. (More.of a customer service focus.) Programs • College has 45+ degree programs and 25+ certificate programs. Are all needed? • Energy and utilities are a growing market for ECC. Partnership with NYPA and National Grid. • Technology programs are growing. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space. Utilization Assessment Page 183 Appendix 6: Interview Summaries Programs • Create Centers of Excellence in Health Sciences and Hospitality (Culinary Arts).. High cost areas. Health Sciences does not need to be in 'Medical Corridor.' • Program downsizing is a possibility. • Ground was lost on IT; potential for improvement and enrollment growth (faculty leadership is the issue), but program should be consolidated at North Campus. • Move Dental Laboratory Technician to North if there is space. Consolidate there. with Dental Hygiene and Dental Assisting.. • Consolidate Homeland Security and Crime Scene Investigation, and locate both at North Campus. • Nursing - do not change. Keep both North and City Campus programs. • What belongs of City Campus? Paralegal Nursing Mental Health Radiologic Technology Emergency Management • Create identity for City Campus. Workforce Development (Readiness) General Education - for returning adults. • Programs to grow: Technologies Biomanufacturing Engineering Environmental Sciences/ Environmental Technology Geoscience Transfer programs Industrial Technology /Manufacturing • Potential new programs: Welding Mechatron ics Sleep Medicine Advanced Manufacturing Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 185 Appendix B: Interview Summaries • No tutoring is available. • Students go upstairs seeking a quieter area. • One (and only) quiet study room is. downstairs behind.the reference desk. It is difficult to locate and cold. • CTLA- teaching /learning center encourages faculty and student interaction. • IT is also in library. • Environment is cold —no quiet spaces for students to meet. • Space /facilities: Renovations could add tutor centers (English /Math .skills lab.). Doors are heavy /handicapped students. require assistance. Freight elevator only access to 2nd floor. Room for computer 'help' staff is small. Need additional electric outlets and power. Temperature control is poor. There are no group study spaces in the Library. 5 F/T staff; 8 P/T staff. City Campus • Top priority is more space. Second priority is quiet study /collaborative space. There are no group study rooms. • Would also like a deep quiet zone. • There ore 20 computers in instruction classroom; 16 computers upstairs; and 24 lap tops. • The Library is always busy and often crowded. • Information Literacy is something that needs to be additional. • Possible back work room would be converted into a classroom. • Possibility for a 42 -seat open computer lab to come to library if 1 st floor Security ffice and Middle College are moved out. • CJ, Math, and Social Scienceautors are in open library space. Systems Librarian • Libraries are transitioning to electronic acquisitions. . All should move toward "integrated commons." • Thinking about teaching information literacy. • Space /facilities: Removal of shelves will provide more floor space at both North and South Campus. Fixtures need to be updated at North and South Campus. In the future — space and equipment to create student presentations sound /video editing. Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners . Page 187 Appendix B: Interview Summaries • Could use a little more parking at South. Erie Community College Academic Programming Interview Summaries November 13 -14, 2012 Social Sciences :& Humanities November 13, 2012.4:04 - 5:00 PM Robert Caputi, Chair Social Science North Campus Katherine Ellis- Donner, Chair Social Science,:City Campus Fabio Escobar, Chair Humanities, City Campus Donna Fierle, Chair Humanities, South Campus Ray Barker, Chair Social Science, South Campus Paul Stencel., Chair Humanities, North Campus Mary Beard, Assistant Academic Dean for Liberal Arts Jean Stark, JMZ Patricia Pietropaolo, JMZ Humanities South Campus Project a relatively stable enrollment. Space considerations If request for F/T language instructor is filled they will need access to a language lab all day; Humanities Mac lab will not accommodate the new demand. Art studio; Mac lab, photography lab, and one.clossroom are used close to capacity. Space needs- OK, but music is taught in Auditorium and storage is also located there. • Staff /office space (Building 2) 3 F /T; Donna Fierle, 2220C; Joseph Mahoney, 2220A; Charles Roth 2220A. 15 P/T, Mary Bress, Secretary 2220; Todd Bindig, 2220; Joel Brenden, 2220, Pei Lon Chang, 2220.; Patricia Hall, 2220; Nancy Hargrave, 2220; Diane Hamitz, 2220; Hannah Jhun, 2220; Christine Jusiak, 2220C Sheila McCarthy, 2220; Nathan Naetzker, 2220; Evy Salvato Rood, 2220, Alison Slein, 2220; Kurt Treeby, 2220; Joseph Yonder,. 2220. • Request additional .FT faculty in languages and music so programs can g row. Uorth CamM • Degree requirements are being redesigned to mesh with the SUNY General Education Competencies. The change may lead to an increase in enrollment. • Space :considerations Mac lab (K255) is overused; new lab is needed for computer art and Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 189 Appendix B: Interview Summaries Social Science South Campus, Windows are nailed shut. Ventilation is very poor.. • Enrollment is expected to remain strong; Courses are required for other programs, needed to satisfy SUNY Gen Ed Requirements and are popular for transfer. • Scheduling is done in a big book by hand. Have to be quick to grab a room when it becomes available. • Space considerations More sections of 100 level courses could be offered if space and faculty were available. Adjunct faculty office space is needed. Need more smart classrooms; technology installation is no.. complete in some classrooms. Smart Carts are used now. Maximum capacity in rooms assigned at key times. Assigned rooms: 4122, 4125, 4213, 4204 3214; these rooms are used all day long. Building 5 lecture halls 5101 or 5102 when available, and additional rooms in Buildings 3 and 4 when other departments are not using them. Prefer classrooms to have lecture style format with desks. . Important to keep black boards for traditional "chalk and talk" professors. They do not want white boards added to Social Science rooms. Need classroom space at the times students want to take:courses. Better teleconference /video c.onferencing capacity is desired. New office space should accommodate storage space. • Staff /office space 7 F /T: Mary Altair, 4101 E; Ray Barker, 410413; Trish Glose, 4104D; Justyne Harris, 4104C; Bill Lorenz, 4104D,Marianne Partee, 41 15A; Jason Steinitz, 4102D. ' 1 P/T Secretary.: Connie McCulloch, 4101. 21 P/T faculfy:.Sharing 4104A &E, 4106D and .4108C. If number of adjuncts is increased, more office space will be required. North CamRus • One of top money makers for the college, • HVAC control is an issue (hot in summer). • Space considerations Tendency to overfill rooms making student space too tight. Request an office for adjunct faculty. Need smart classrooms: • Staff /office space 1 1 F/T faculty in K109 (includes a sign language instructor). 2 F/T faculty and secretary in K1 12. 12 P/T faculty — no space. identified. Cry Campus • Cannot schedule classes in 45 Oak. • Space considerations Need a place to meet with students that has computers available. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 191 Appendix B: Interview Summaries Erie Community College Academic Programming Interview Summaries November 13 -14, 2012 Nursing November 14., 2012 8:00 - 9:00 PM Patricia Losito; Chair, North Campus Lauren Watkins, Administrative Assistant PJ. Wiles, AVP Health Sciences Tom, Biology Jean Stark, JMZ Patricia Petropaolo, JMZ Nursing A.A.S. Mainly North General Information • Growth is inhibited. by limited space and faculty. Clinical practice is changing so more students can be accommodated. Dedicated Education Units (DEUs) pair student with a mentor from the hospital at a 10 to 1 ratio. If number of admits increases, the number of sections of service courses required will need to increase: Anatomy and Physiology, Microbiology, Math, English,:Social Sciences. • Employment opportunities in nursing and the health occupations in general are some of the fastest growing occupations according to the NYS Department of Labor, . By 2020, 80% of nurses will need to have a BSN; Magnet status is being sought by numerous local health care facilities impacting the push for the BSN - educated nurse. • Erie has articulation agreements with area colleges for students to earn a BSN (Daemen 1 +2 (ECC) + 1, Daemen 3 (ECC) + 1, D'Youville 3+ 1). • There are 10 students in the LPN to.RN program. . Nursing department is working toward programs /articulations for nurse practitioners and physician assistant programs. • Nursing Associate..degree (ADN) typically takes 3 years to complete at a community college. Nursing is offered of North both day and evening and during the day at City. (Bill Reuter indicates Nursing will stay at City:) Admission at City is in January. North and City programs are popular and filled. 120 students are accepted each year, at North; 90 at City. About 75 % of applicants being denied. At any given time there are close to 300 nursing students. Remodeling of the biology labs at North Campus has directly impacted student. learning outcomes- as evidenced by improved course grades, reduced attrition, and increased retention. • 50% of students taking Biology courses at South Campus are from the Erie Community College JMZ Architects and Planners Program Needs Analysis and Space. Utilization Assessment Page 193 Appendix B: Interview.S.ummaries Barbara Vickers, K21 OE Louise Zielinski, K21 0C. • 3 F/T Staff: Teresa Malkinski; Senior Clerk Typist, K21 8C; Beverly Maniccia, Senior Clerk Stenographer, K210; Deborah Rhu,::Senior Technical Assistant, K261. • 1 P/T Staff: Lauren Watkins College Administrative Assistant, K218A. • 4 P/T Faculty: Tina Blacha, K210; Rebecca Milczarski, K210; Pamela Riester, K210; Patricia Sorrentino, K210. .City Campus • 1 F/T Coordinator of Nursing. 7 F/T faculty. • 2 F/T staff. • 1 P/T faculty. Mental Health Assistant - Substance Abuse, A.S. Mental Health Assistant - Alcohol Counseling, A.S. • Programs are taught at City in the evening. • No full time faculty, only part time. • Office space is needed. Erie Community College Academic Programming Interview Summaries November 13 -14, 2012 Workforce Development November 14, 2012 11:00 - 12:.00 PM Lavon Stephens, Administrative Director, Workforce Development Consor -. tium, Inc. Heather Okoro, Executive Director, Workforce Investment Board, Inc. Overview • The Workforce Investment Board (WIB) determines the polity for training. Funding comes from the Department of Labor to the state. The WIB oversees policy on workforce development and coordinates services through One -Stop Career Centers, implementing initiatives for potential workers and employers in one location. + The Workforce Development Consortium (WDC) is the One Stop operator in Buffalo and Erie County. Through services provided by the Buffalo Employment & Training Center and the ECC One Stop Center, the WDC offers an array of options to job seekers looking for employment. The WIB also provides direct services to private sector businesses. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 195 Appendix C: Space Utilization Tables Instructional Spaces Figures C.1 to C.3 summarize the instructional spaces that were scheduled during week six for each campus, including the number of seats, rooms, and course meetings for classrooms and class labs. The tables show that the vast majority of ECC's classrooms have seats to accommodate 31 -40 students. Most class labs are sized for 21 -30 students, with the exception of the South Campvs where 51 percent of class.labs are sized for 11-20 students: Figure C.1 City Campus - Instructional Spaces in Study (Week 6) Figure C.2 North Campus - Instructional Spaces in Study (Week 6) Number:of . " ' Number;of Number.of Qdy : Evening Evening % of Da %of Evening Number" Percentage Course Course; Course Course. ".`Course "" .. $eats; of Rooms" of Rooms Meetings Meetings M eetings'; Mee #igs Meetings; 1 "to 1"0 :. l :: '2% 2 3, 12 ` 0 % 3 %" y. 11 to 20 2 .. 5% 27 . 3- `. , 103. 4% 3% 0 21 :to 30 : , .. 9 ` 21 % 1.60 1 2... 24% ° 15 /6 y 3110 40 25 `: " . 60%....: 3.73 65 0 56 %: :61% U. - 41. to 50 4 10% ... 80 16 :: _ 2 :. 12%:. .. . 1 5% U 71 to 80'. 1 2% 21 4 7 3% 4% Subtotal 351 to :400 42 100% 663 107 0 ... ; : 100% 100% Subtotal 1 to 1 1 4 4 1 126 100 100% 11 to 2Q 6 21 % 79. .. $,. ' 5 23 o 2 i to 30, ,. 1 �€ 36 % 247. 49 62% v 31 to 40 6 2 % ... :.; 94 <' 12: 27% :: 23 % 97P /° o ' :31 to 40 l 1 16 %;;'. : 82. ..... [ Subtotal . ... 28 ° 100 %, 351 52 00% ° 100% To tal 226 to 250 1 1,01 :4 10 00 %.; .;. Figure C.2 North Campus - Instructional Spaces in Study (Week 6) Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 197 Number:'of Number.of pay Evening % of ©d ' % of. Evening Nuin,bor Porcotage Course .;: Course Course bourse Seats.' of . Rooms :: of Rooms Meetings: M eetings'; Mest�ngs Meetings ` 21 to:30 9 14 %. 119 12 ` .10.% .: 106 y. 31 to 40 46 :72 ::... 940 103. 80% : .:. _`82% 0 41 to 50 2 3 %: : 35.. 2... 3% 2 % y 61 to 70 2 3 %a'. 17 - 0 1 %- 0 % a 101 to :1 :25 1" 2 % 21 2 :. 2% : :. 2% U 226 to 250 3 5 0 /V ..:. 46" 7 .4 . %. 6 5 1 6 351 to :400 1 2%. 4 0 ... ; : 0% " : 0 %.... Subtotal 64 100 1 126 100 100% 14 Y 9jy 27:. 5 11 to "2Q 25, 36 % 247. 49 21 to 30 2$ ... 41 ° /a' 2 66 97P /° o ' :31 to 40 l 1 16 %;;'. : 82. 20 '14% 0% 226 to 250 1 1 % :;; 10 Subtotal.: 69.. 100% 620 140 100% 100% Totpl 1:33 100% 1,$0 266 7 00% ; Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 197 Figure C.5 Monday Tuesday Wednesday Thursday Friday I 0% 5% 10% 15% 20% 25% A different way of looking at course delivery by day of the week is to look at course meeting distribution based on the combination of days that courses are taught. Figures C.7 to C.9 show daytime course meeting distribution by day combinations in classrooms and class labs on each campus. Erie Community College JMZ Architects and Planners Program Deeds Analysis and Space Utilization Assessment Page 199 Figure C.6 Figure C.8 Day of Week Daytime Courses L I ��e{CMfl S�. � }F �'S js"T Percent Yi''+i `{rC' PY Y.'✓": M 15 _1.3% Tu 24 2.0% W 15 1.3% Th 21 1.8% F 21 -1.8% M/W 76. 6.3% Tu/Th 338' 10.6% W/F 2 0.2% M/Tu/W 3 0.3% M/W/Th . ... 3. 0.3% Tu /F 4 0.6% M/Tu/W/Th 4 0.3% M/Tu/W /F 76 6.3% M/Tu/W/Th 16 2.6% M/Tu/W/Th /F 1 1 , 0 7 0-7 , -n si#s i. +�'`s�PF =S Total 5 ��.rTE `•>:rY�+ -� 1,197 0:4% 100.0% It - C Nb th Cat�tpus Fall 2012 Evening Classrooms Caurs� :Drstnbufion by D ay of Weak 1Neek 6,, Day of Week Daytime Courses Percent r _ rk man= ��� .� . f i r , M ... 21 16.4% Tu 20 15.6% W 25. 195% Th 14 10.9% 24, Tu/Tl 2.4 1$ 8% Total 128 100.0% Appendix C: Space Utilization Tables Day of Week Daytime Courses Percent Tu., .. _ 25 xw. "R3� 9� � ,..r K3e ,t xx Nl.sr M 59 9.5% Tu 68 11.0% W 48 7.7% Th 65 10.5% F 43 6,9% M/W 66 10.6% M/Th 4 0.6% M/F ... 2 0.3% Tu /Th 108 T 7 4% Tu /F 4 0.6% W/F 8 1.3% M%W /F 129 ` 2.0.8 0 /p M/Tu/W/Th 16 2.6% :?.`$as.�`," 0.0% Total 620 100.0% Day of Week M„ Daytime Courses 24 Percent Tu., .. _ 25 :' 17.9% 32 .;;. 22 Th IN F 5 3.6% M/Tu 2 1.4%: M/W 10 7:1 % Tu/Th 10 71:% W /Th 2 1.4% M/ 6 4.3% ,.l F°�R -% Total l 140 100,0% Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 201 Appendix D; Reported Space Needs The reported space needs,, by program, are summarized below. While addressing all program needs is rarely feasible, this study captured the college -wide space needs as reported in programming interviews. Advanced Manufacturing Technology North • Advanced Manufacturing Lab, storage and faculty office space. Biology North • Need an additional.lob and lecture space; currently cannot offer courses to all students who want them - they have to go to South Campus. • Currently have two labs and lecture halls. Would like two additional labs with a prep space between them. _ • Additional office space for full -time and adjunct faculty. More storage space. • Would like access to four additional smart classrooms. . Need a Biology Skills Center /Tutoring Room (360 -400 sf). South • Need access to more smart classrooms. city • Need additional office space. Bioinformatcs, A.S. (New Program) North • This new program will share lab space and computer facilities within the Science area. As the program grows it will place more of a demand on the already over - utilized Biology labs and computer labs on the North Campus. Biomanufacturing..(New Program) North • The Certificate Program is being expanded to create a new Biomanufacturing; A.S. degree. • Biomanufacturing Lab Multi - Purpose Suite. • Biomanufacturing Production Support /Core Facility /Food Processing Lab. • Biomanufacturing Quality Control Lab. Building Management and Maintenance City • Additional lab space for HVAC & R program. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 203 Appendix D: Reported Space Needs • Crime scene room on each campus City . Five dedicated classrooms North • Additional faculty office space. • A conference room. • Larger CST Lab (B409), which cold be shared with the Police Academy Culinary Arts cit • A separate Baking Lab • Larger Production Lab (can accommodate up to 14 students now, but course enrollments have recently hit 22 students) • Offices for full- and part - time faculty • Additional storage space. North • A Cooking /Baking Lab (old locker room is scheduled to be converted to this use) • Larger Small Quantity Food Lob (eight stations now but up to 20 students are in the lab at a time) Cybersecurity North • Cybersecurity Lab. Dental Hygiene North • A dental assisting lab for eight students with storage space • An additional faculty office for Dental Assisting program • Additional storage space Dental Lab Technology South • Dedicated room for new CAD /CAM class for 12 students with a faculty station • Lab for 40 and another for 20 with a Casting Lab between them Dietetic Technology North • A larger computer lab with 12 student stations (currently use 147G which only has six computers) Early Childhood Education Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 205 Appendix D: Reported Space Needs Hospitality Management North • Changing area /locker room (accreditation requirement) Humanities North • Larger or an additional MAC Lab (K255) for computer art and digital photography • Appropriate space for Music ( not in a computer lab, which has happened) • Secure instrument storage space • Improved access to Theater for music and drama if department regained sole use of Theater • A Dance Studio • Adjunct office space city ....... • A MAC Lab (City Campus does not have a digital lab) • Larger smart classrooms • Adjunct office space HVAC &R city • Additional space in 45 Oak (possibly 138 and 138A) • Larger lab Industrial Technology North • Four additional labs for GM training, additional course sections, and so students can get hours of supervised lab time out of class • As program grows and additional labs are added, more space will be needed for storage, faculty, and other support space. Information Technology North • Remodeled /upgraded labs for Homeland Security program • Additional lab space Library North • Tutoring center • Collaborative faculty.reso.urce area .. . city • Create a Learning Commons complete with group study rooms, quiet study rooms, a computer:lab, soft seating areas,. and a career counseling center Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 207 Appendix D: Reported Space Needs • Dedicated quiet study space City • Computer lab • Dedicated quiet study space Occupational Therapy Assistant North • Larger labs (Kl 19 should be 1,400 sf plus storage space. K1 14 should be 1,600 sf, plus storage.) •. Kitchen /bathroom /bedroom area for training students to work with patients Ophthalmic Dispensing North • Ophthalmic Assisting Lab with 12 stations (same size as B1:07). Paralegal city • Dedicated conference room in office area where students can meet with faculty (reportedly required for accreditation) • Access to a Computer Lab with 30 computer stations (needs to have a copier /scanner for student use, as well as an area for staging documents. Could use Room 114 if it had this equipment) North and South • Program office: space Physical Education Studies North, City, and South • Pools at North and South • Yoga /exercise rooms at North and South • North and City: Additional office space for adjuncts • North: Larger fitness center • South: Would like to take over Suite 6206 for office space and to create a six - station computer lab. Radiation Therapy Technology City • Sink, block cutting area, and secure storage in Classroom /lob 142 (45 Oak) • Access to a small meeting room Respiratory Care North • Larger classroom (Classroom 211 is too small; need space for 30 students Erie Community College Program Needs Analysis and Space Utilization Assessment JMZ Architects and Planners Page 209 Appendix E: Recommended Program Moves Recommended Academic Program Moves Recommendations for the consolidation of ECC's academic programs are provided the Academic Program Moves. Matrix on the followin page. The first set of columns identifies the location of.existing programs and the type of degrees offered at each campus. :The second set of columns documents the proposed location of new and existing programs Green highlighting indicates programs that should be consolidated on a single campus.. Purple indicates new programs or degrees. Red indicates where programs have been moved and light blue represents programs that shay be deactivated. The tallies at the bottom of the columns indicate the num- ber of certificate and:degree programs at each campus. Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 211 v rn O � 3 O Z E� CD c CD Q.. ?. > CD Qo CO �@ g Q n C N Q N (U y (U 7 N n n S CD n N CL Q � (Q O CD N W y OWN Potentlal new academic offering EM Program may be deactivated n V eD CL x M h 0 3 rp 3 CL M Z In V( if O C Program consolidated andlor moved fAM Prograrn moved to another location Appendix F; STEM Building Space Program 67,324 SF Building Space Program Is Chemistry NSF per 1,800 B717 Chemist Lab Unit Open Lab pace Name De artment I Unit Units Total NSF Comments Biology Lab - Medical Technology Biology 1,540 11. 1,5001 Biolo .Lab Biolo 1,2001 1 1,2001K256 Biology Lab Biology 1,200 1 1,200 K260 Biology Lab Biolo 1,200 1 1,200 Biology Pre Room Biolo _ _ 450 2 900 Biology Faculty Offices Biology 100 10 1,000 Must include Medical Tech and Medico! lectures/computer use. Assisting Facul Biology Ad'unct Faculty Biology 30 19 570 Chemistry Lab Chemist 0 T ..0 B600 Chemisiry.Lob (Medical Lab Chemistry/Medical Lab 1,440 1 1;440 B601 - Lab shared by Science and Health Technology /Medical Assisting) Technology /Medical 0 1 . 0 K155 Sciences Physics Assistin :1,000 K157 Physics Lab Physics Chemistry Lab (Medical Lab Medical Lab 1,440 1 1 1,440 B603 Technology /Medical Assisting) Technology /Medical Physics 340 1 . 340 Physics Faculty Offices Assistin 100 6 600 Ph sics Adjunct Faculty Chemist Lab atea Lab ) lchemiqry 800 .. 1 800 8704 - No courses held in lob. General Chemistry Lab Chemist 1,400 1 1,400 B708 Organic Chemistry Lob Chemist v Rsn i , orn o71 , ' Chemistry Lab Chemistry 1,800 .1 1,800 B717 Chemist Lab Unit Open Lab Chern 1,200 1 1,200 B718 - O p en Lab. No classes. Chemist Storage/Prep Storage/Prep Room Chemistry 480 3 1,440 Chemistry Stock. Room Chemistry 300 2 600 Balance Room Chemistry 500 1 500 Chemistry Special Services Space . Chemistry 6001 600 Unknown use. Chemistry Faculty Offices Chemistry 100 6 600 Chemistry Adjunct FacultZ Chemistry 30 5 150 Engineering Science Lab Engineering Science 600 7 600 Existing B718B Engineering Science Lab Engineering Science 700 1 700 Requested as lab adjoining lab used for lectures/computer use. Engineering Science Faculty Office Engineering Science 100 2 200 Currently one full -time faculty; size for two and for future flexibility, Engineering Science Adjunct Faculty Office Engineering Science 30 4 120 Currently 2 adjuncts; size room for future flexibilit Physics Lab Physics 0 1 . 0 K155 Phy sics Lab Physics 1,000 1 :1,000 K157 Physics Lab Physics 1,000 1 1;000 K160 Ph sics Lab Physics 1,000 1 1,000 K161 _ Phy sics Pre /Stara e Physics 340 1 . 340 Physics Faculty Offices Physics 100 6 600 Ph sics Adjunct Faculty Ph sics 30 5 150 Future Science Facul Science 100 4 400 Science:Tuforin2 Center :: Science 400 ,: 1 400 Tutors do not:have private offices. Science Comp Lab Science 600 l 600 26 computers Science Student Stud S ace Science 400 1 400 Shared by all Science students Science Adjunct Meeting Room Science 100 1 100 Space for adjuncts to meet with students. Locate ad'acant to adjunct office area, Science Faculty Reception Science 400 1 400 175. nsf Biology; 264 nsf Chemistry; 122 nsf Physics 4 workstations Mathematics c�ence; ubtotal .: . '99,400 Mathematics Faculty Offices Mathematics 100 21 2,100 Currently 12 Offices for 21 Full - Time Facul - shared with Com uter Science Mathematics Ad Faculty Offices Mathematics 30 22 6b0 Mathematics Faculty Reception Mathematics 300 1 300 3 workstations; K151, K249 and K251 Mathematics Adjunct Meeting Room Mathematics 100 1 100 Space for adjuncts to meet with students. Locate adjacent to adjunct office area Mathematics Subtotal' 3160 Erie Community College 1MZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 215 67,320 Si: Building Space Program (continued) Appendix F: STEM Building Space Program NSF per I SL)ace Name De artment I Unit Units Total NSF Comments Center for .. ... 34,360 SF Building Space Program (continued) Appendix F: STEM Building Space Program Erie Community College JMZ Architects and Planners Program Needs Analysis and Space Utilization Assessment Page 219 Ta art, Martha From: John Joyce <John.Joyce @canals.ny.gov> Sent: Friday, August 09, 2013 2.34 PM To: County Executive; Laura Magee Subject: Re: FW: Press Conference 8/13/13 - NYS Canal Corp. inspection at Canalside Laura & Marty: As far as the event on Tuesday morning, it will take place at 10 :00 A.M. and the inspection tour is scheduled to begin at 10:30 when the Canal Corporation's Tug Syracuse departs from the Inner Harbor -- the northern most dock slip, adjacent to Spirit of Buffalo were the specific instructions sent out. Because of our scheduled departure, it will probably be a fairly quick press event. As far as elected officials, we have invited NYS Senators Grisanti, Kennedy & Maziarz, Assemblymembers Shimminger, Ryan & Peoples; County. Executive Poloncarz; Mayor Brown; Congressman Higgins. We will also have Brian Stratton and Sam Hoyt in attendance, as well as Thruway /Canals Board member Donna Luh. Our itinerary for the day will then be as follows: 10:00 AM — Press event.at Buffalo Inner Harbor, Historic Commercial Slip 10:30 AM — depart Buffalo Inner Harbor via Canal tug (lunch underway) .:2:45 PM — Arrive Locks E -34/35 100 PM — 4:30 PM — Locks. E -34/35 inspection 4:45 PM — 5:15 PM — Inspect Exchange Street Lift Bridge While it appears as if there will be no stops along the way, that is a bit misleading. In fact, Director Stratton has to leave the tour shortly after we depart the Inner Harbor to get to a mandatory event with the Governor, so we are in the process of making arrangements for the tug to let him off somewhere close. If the County Executive would like to take a short ride, he can get off the tug when Director Stratton does. (Laura, Sam may want to do this, too. We can let him know Monday or Tuesday, but if you talk to him, let him know that option is available.) Just let me know what he wants to do and we'll do everything we can to accommodate him. And Marty, my contact information is below -- feel free to contact me directly if it's easier. John J. Joyce Director of Special Projects New York State Canal Corporation 200 Southern Blvd., Albany, NY 12209 Office: 518- 471 -5006 Mobile: 518 - 469 -583.6 John.Jo ce canals.n ov >>> "Magee, Laura" <LMagee @esd.ny.gov> 08/09/2013 2:02 PM >>> 1 Hi (again) John, See below.. The county executive is on our ECHDC Board of Directors. I can respond if you help me out with answers or you can respond. From: Gage, Jessica Sent: Friday August 09, 2013 1::53 PM To: Magee, Laura Subject: FW: Press Conference 8/13/13 - NYS Canal Corp. inspection at Canalside I have to go:ho:me, would you be able to help me out with the details? Thanks! 111! Jessica From: County Executive [ mailto:County Executive@erie.aovl Sent: Friday, August 09; 2013 12:48 PM To: Gage, Jessica Subject: RE: Press Conference 8/13/13 - NYS Canal .Corp. inspection at Canalside Hi Jessica, Thank you for extending an invitation to County Executive Poloncarz for the NYS Canal Corps. press event and annual Canal inspection. Would:you be able to provide me with a little more information so that I may take a closer look at his schedule and see if this event is something that could fit into his schedule. 0 How long should one plan for if they wanted to take the tour /inspection ofahe canal? Where will they go— how far down the canal? Where exactly will they board the boat? • What elected officials do you know that are able to attend? Any details you can give will be helpful. If the CE is not able to join, perhaps he may wish for someone from his staff to attend. Thank you for your assistance. Marty Marty Taggart I Secretary to the Erie County Executive Erie County I Office of the County.Executive 95 Franklin 5t., 1600 1 Buffalo, NY 14202 P:(716) 858 -8724 1 F:(716) 858 -4911 Marty.Taggart @erie,_oov From: Gage, Jessica [ ma Ito:JGageCa@esd ny.aol Sent: Friday, August 09, 2013 10:24 AM To: 'dcolligan @colliganlaw.com , 'Iperchan @colliganlaw.com'; 'mdivirgilio @bacweb.org'; 'sawilliams @bacweb,com'; Robert Gioia; 'Jackie Reisdorf; 'Gary. Ginsberg @timewarner.com'; ' Tisha .DixonWilliams @timewarner.com'; 'mutua @buffalo.edu'; 'rayl @buffalo.edu'; 'b brown @city- buffa lo.com'; 'btaylor @city- buffalo.com'; County Executive; Taggart, Martha Cc: Dee, Thomas; Hoyt, Sam; Magee, Laura; Mahony, Karen Subject: Press Conference 8/13/13 - NYS Canal Corp. inspection at Canalside ECHDC Board members, We want to make sure you are aware and invite you to a press conference this Tuesday. 2 The New York State Canal Corporation will kick off its annual inspection at Canalside at 10 a.m. on Tuesday, August 13. The Canal Corp's Tug Syracuse will embark from Buffalo on the Canal Corp's annual trip —a tradition which dates from October 26, 1825, when Governor DeWitt Clinton departed from :Buffalo aboard the Seneca Chief to mark the opening of the Erie Canal. It is a critical tool in accurately and comprehensively assessing the overall condition and capital needs of the nearly 200- year -old Canal system. It also affords an excellent opportunity to interact with the canal communities and businesses throughout Upstate New York. Brian U. Stratton, director of the New York State Canal Corporation, will join elected officials and others to kick -off the statewide 2013 annual Canal inspection at the Historic Ruins at Canalside (rain location is Liberty Hound). Hope you can make it! Happy Friday! Jessica Gage I Executive Assistant Erie Canal Harbor Development Corporation 95 Perry Street, Suite 500 Buffalo, NY 14203 (716) 846 -8203: Office (716) 846 -8262: Fax (716) 481- 6824: Mobile www.canalsidebuffalo.com www.eriecanalharbor.com IMPORTANT: This e -mail message and any attachments contain information intended for the exclusive use of the individual (s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and /or exempt from disclosure under applicable law. Tf you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292 --5180 or e -mail ( administrator @esd.ny.gov and delete the message.. Thank you. IMPORTANT: This e -mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain . information that is proprietary, privileged, confidential and /or exempt from disclosure under applicable law. Tf you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292 -5180 or e -mail (administrator @esd.ny.gov) and delete the message. Thank you. The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and /or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney - client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority 0 immediately by either responding to this e-mail or calling (518) 436 -2700, and destroy all copies of this message and any attachments. 4 PETITIONS September 3, 2013 0007f E. Gelley, Owner, Use 488 Franklin -To Convert Business to a Restaurant in the Allen Street Special Zoning District (hrg 9 /10)(Fill) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics at 2:00 PM 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, 13 Floor, City Hall On: 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. Slgned Print Name '!� Date ATTENTION (Agent /Owner), J PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX. (716) 851 -4845 V k "/ . 1-3(�- 13 1A OL- To be held in the Council Chamber, 13 Floor, City Hall On: 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. Slgned Print Name '!� Date ATTENTION (Agent /Owner), J PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX. (716) 851 -4845 V k "/ . 1-3(�- 13 City of Buffalo USE Building Application 65 N;agara Square Buffalo, NY 1,4202 6 (716)851 -4949 Fax (716)851 -5472 Report Date 08/20/2013 09:33 AM Submitted By FLD Page 1 A/P # 199032 i� 1[� L '� iP I }� �`�' � F� w I S � S� 1 '� d d { _ S 1 t `/ - _ „_ S If S : �`., Gx a `s.": °.. .F.S.� _ l t"r %P f 1 U h ° :."�I{ ] I •,�,b %. t - l5 r'h fI , 1 '� . J a ,;� .x v •I .-i'x s ' , r A 1 J I{" a "9! I � •�� � , i � rr��: ct �:,,x� >= iV - rjMk,W a Y ^;3: .:5.. � L�, � Y ..:RS:�'7:°:. .z. r�,�� .t' us��;, l;f,e l�y�3s1' .I f :r > "•�I. �I�Y��.a?c:R�: .F Stages .- Date / Time Sy Date / Time By Processed 08/20/2013 09:28 DIGEF Temp COO Issued COO Final Expires ssoc iated Information V aluQuo Type of Work # Plans 0 Declared Valuation 10000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Pnonty ® Auto Reviews eiil Group Actual Valuation 0.00 Square Footage 514.00 Name esw�2t of Work —PLANS/COMMON COUNCIL APPROVAL (PUBLIC HEARING) FOR RESTRICTED USE PERMIT REQUIRED 511- 57C.(3)' *w TO CONVERT A BUSSINESS(B) TENENT SPACE IN A 2 STORY STRIPMALL (AKA 70 ALLEN ST.) TO A RESTAURANT(A -2) IN THE ALLEN ST. SPECIAL ZONING DISTRICT. Project # ProjectlPhase Name Phase # SizalArea Size Description Se: ci'S,[, - %� - 1' - :1 - - f: 11 }[ -� '4^ '4 -� � 4'�I$3''- :•.f'I' w '� S.. %. ..° . � q ", x._: _ Y- H 3 - - f� �� "u' ° .'�" %• „'. � •-.�.' :: „! � 1 � l� w'� Y : I'��" � " d& I ����� �L -� } � �, ¢ r �, °I a;' xv i.: .... '�. F. _..� dwv -�HS ; I II .. 95' x.a• I'... A "Y '! s= x3 �9,., �,.�. a�1 ,. 3$ #.- h �`I j�1,i Address 488 FRANKLIN BUFFALO NY 14202 - Location �tg W I N � P r. A $w � Y rv? 1' "._ #] .,{ 4 1'la R' .1 , J k A'. 3 Elf ! II Y ' , { F ` $� "I >I air } �&' � Contact ID AC1155226 Name FRANKLIN ST PARTNERS Mailing Address Organization city 1430 MILLERSPORT HWY StatelProvince WILLIAMSVILLE NY ZIP /PC 14221 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0612512002 To 05/06/2007 Contact ID AC1258959 Name FRANKLIN ST PARTNERS Mailing Address Organization City 1430 MILLERSPORT HWY StatelProvince WILLIAMSVILLE NY ZIP/PC 14221 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/0612007 Contact ID AC355836 Name FRANKLIN ST PARTNERS MallingAddress 348 HARRIS HILL RD Organization City WILLIAMSVILLE StatelProvince NY ZIP /PC 14221 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0512511995 To City of Buffalo USE Building Application 65 Niagara Square * Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 08/ 09:33 AM Submitted By FLD Page 3 Check Licenses HIM Check Children Status Check Open Cases Case # 188609 Case # 59686 APPLICATION FEE There are no Inspections for this Report 630918 LANDMARK 1 Incomplete NO EXTERIOR WORK U Total Unpaid 08/20/2013 09:27 25.00 25.00 Total Paid 0.00 630919 ELECTRICAL 1 Incomplete ❑ 06/20/2013 09:28 630920 PRIES 1 Incomplete ® 08/20/2013 09:28 ❑ Canopy/Marquee ROW NO EXTERIOR WORK encroachment Q Freestanding Sign ❑ Sewer/Water Cut ❑Sewer Retention 630921 FPLAN 1 Incomplete ❑ 08/20/2013 09:28 630922 PLAN REV 1 Incomplete ❑ 08/20/2013 09:28 630923 PPLAN 1 Incomplete ❑ 08/20/2013 09:28 630927 CC APP 1 Incomplete ❑ 08/20/2013 09:30 Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ❑ Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development F Gi,, A Droll', Modified Date/Time 08/20/2013 09:27 City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination Common Council ❑ Admin Office[A is R4 p ❑ First Insurances Check ❑Public Works approval ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Canopy/Marquee ROW (ease showing Use ❑ Rodent/Vermin Bait encroachment Q Freestanding Sign ❑ Sewer/Water Cut ❑Sewer Retention E) Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Portable Sign in ROW E) 5imp €e Plan Approval ® Restricted Use Permit ❑ Zoning /Use Check ❑ Tree over 4" at 4' ❑ Other ❑ Thruway Sign approval Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ S.E.Q,R.A. ❑ N.E.P.A. ❑ Contiguous Check Law Office Water Department ❑ Insurances Check ❑ New Water Supply 77741- W-64 F -- 0..4,...4:,... " Valid License(s) License Valid Children Successful' 2 City of Buffalo 65 Niagara•5quare Buffalo, NY 94202 (716)851 -4949 Fax (716)851 -5472 Report Late 08/20/2013 09:33 AM There are no Items in this list No Employee Entries Submitted By FLT USE Building Application Page 5 No Log Entries n LL r~ A) S i REET d m y `7 C, - 4 1 X12 70 b8 (.{e - 7A AIA-iq I l S74- � S F up �p • Z APT. Q �u�S'kalrg� G� 2 1 s ' F {. 514 5 574 SF. 1 .. _ — i Spa 3f. 574 sr ur (lAfs +airs �� .'• a - "E.Xt�Tif.lG FI "Sr FLOO P LA1 , j '� gyp � ¢S plu � - 5 �f d • �otumn e.'ye.sa 8 �La.lo'rs- '3.a• � evfl � li � $µe. x p r sasm r 1 p r I 0 7 Y - �.lamn f lcar a. i5e. 1 Columq s� ers 4 S � - e 32.Ig•� �a , Lt n�- ! Diu[.. ¢' 0.55. • LF .... ... elt.... ........... .. r e[ ! S ' L�nQ�Lr er4 LOC RiCT ie.� n tl��l�e�•iii�rlr� .� 'r�L lflrq;�o�i,.nr ATIOM 'P of �aT :: r[ L !�! ".r. " !`[i .r� RICHARD 1T-15 - CITV oG [3 W. x!!ue A.L4 E¢.� ea . no lSY. Ye[.. Lp e[ :� • S i� •[-l.e �] L+ SIIipEL �IcLnxed ldn��111SVC1 OL Su QYLY e•re SCALE: !"�- FT. - '_ � - T S _� -4 15 au rriu,ilr� Alta �o•.[o �xrxG 69a-3.a4 lar,xrr Na. 4l1 �f 1--YN1 MIT Nllfo] ..l4CGCS n T'I x 00 K. Kinan, Owner, Use 478 Elmwood, to Reestablish Use of A Sit in Restaurant(Nia) (hrg 09110) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 2 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of 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 PUBLICK HEARING REGARDING: L^-. To be held in the Council Chamber, 13 Floor, CityAall On: I am also informed that this is the only notice that the petitioner and or owner will receive, and that if am not the owner or petitioner, I will inform said Owner, petitioner or his /her agent of the above. w Sign Print Name IZ Phone # . _, (,G Date - -7� ATTENTION __j CO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING TIME NTACT THE COLINCILMEMBER IN YOUR DISTRICT Ajt`Q r, r, rr ACP'!� Y r. ! 7 E!��m r City of Buffalo 65 Niagara Square ' Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 08/26/2013 10:40 AM Date 1 Time Processed 08/26/2013 40:40 Issued Final Submitted By DAVID KRUG By Date! Time KRUGD Temp COO COO Expires By Type of Work # Plans 0 Declared Valuation 40000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Descriplion of Work COMMON COUNCIL APPROVAL REQ. (RE- ESTABLISH THE USE OF A SIT -IN RESTAURANT IN THE "EB" DIST.) PUBLIC HEARING AND FEE REQ. RE- ESTABLISH THE ST -IN RESTAURANT USE AND REMODEL THE INTERIOR AND THE FACADE AFTER A FIRE. PLANS REQ. ( A.K.A. 470 ELMWOOD) Parent AIP # Project # Project/Phase Name Phase # SizeLArea Size Description Address 478 ELMWOOD BUFFALO NY 14222- Location Contact ID AC1253659 Name MARK L GADEMSKY Mailing Address 474 ELMWOOD City BUFFALO ZIPIPC 14222 -2081 Day Phone Fax Occupant N From To Contact ID AC56318 Name MARK L GADEMSKY Mailing Address 474 ELMWOOD AVE City BUFFALO ZIP /PC 14222 -2081 Day Phone (716)881 -2144 x Fax (716)881 -0711 Occupant N From TO Contact ID AC237648 Name GADEMSKY MARK L Mailing Address 474 ELMWOOD AVE City BUFFALO ZIP/PC 14222 Day Phone Fax Occupant N From To Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 02/22/2005 To 05/06/2007 Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 05/28/2000 Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 09/09/9999 To USE Building Application 9 cO Page 1 City of Buffalo I 65 Niagara Square ' Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 08/26/2013 10:40 AM �} APPLICATION FEE Submi By DAVID KRUG P s �t�atu$,�f £C U Total Unpaid 25.Oa 631521 ELMWOOD 1 Incom ❑ No Activity Review Details MD OK KRUGD N ❑ Work done by owner f ❑ Residential ® Commercial ❑ Multiple Dwelling Existing Use SIT -IN REST i New Use SiT -IN REST Dwelling Units Lost 0 Dwelling Units Added 0 Debris KRUGD 08/26/2013 No Employee Entries 08/26/2013 10:40 10:40 KRUGD ❑ Zoning Board ❑ Work with out Permit (FINE) FLAT FEES ❑ Electrical ❑ Plumbing ❑ Heating USE Building Application D� Page 3 25.00 Total Paid 0.00 08/26/2013 10:40 No Log Entries d vo k t jg1 r ptz. #-0 J A"rrj r S7! M;Ii I I 'g1 I `r 4r :17 e taro's' h ° w 04 flaherty's 470484 el ®od ®ve .r is � uIP z - - W 470 :elmwood ave, future home of p y�� newbury street cof e HODG AV. � r 1 sv i I �i W ` ARM i rr former st acropolis ` restaurant IL .� sunoco station • �i liquor store Loca tion Plan no scale current acropolis •, { drop restaurant �r i E i e 0 0 0 7 J. Kobylanski, Agent, Use 1488 Hertel for a Restaurant in the Hertel Ave Business District(De1)(hrg 09110) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 0 O FFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics T c\ 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 8514845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLICK HEARING REGARDING: To be field in the Council Chamber, 13 Floor, CityAall On: q-/0- 2Z 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 dwner, petitioner or his /her agent of the above. Sign Print Name �- Phone #C115 Q Date k" ;Lk' a ATTENTION 1—ff\ f', D r CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING TIME -IOC CONTACT THE COUNCILMEM8ER IN YOUR DISTRICT t9 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED ! City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 08128/2D13 D9:42 AM A1P # 199265 stages Date 1 Time By Date l Time By Processed 08/28/2013 09:38 GRUND Temp COO Issued COO Final Expires tociated Information_ 'ype of Work # Plans 0 )opt of Commerce # Pages 0 Iriority ® Auto Reviews Bill Group Iquare Footage 0.00 Name GC Building Applica#igw Submi tted By DAVID GRUNDY Page 1 Parent A1P # Project # Size /Area L APPROVAL REQUIRED, SECT =D. :r IN A`1 - STORY MASONRY Project/Phase Name Size Description Address 1488 HERTEL BUFFALO NY 14216 - Location Declared Valuation 125000.00 Calculated Valuation 0.00 Actual Valuation 0.00 i F. FOR RESTAURANT IN THE HERTEL AVENUE BUSINESS DISTRICT. PUBLIC HEkAR1NG, , ARE, ADD ATAKE -OUT Ri= STAURANT, PLANS REQUIRED. Phase # Contact ID AC331357 Name INC. FAMILY VIDEO MOVIE CLUB Mailing Address 1022 E ADAMS Organization City SPRINGFIELD StatelProvince IL ZIP /PC 62703 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/25/2008 To Contact ID AC18490 Name CARL MARTINO Mailing Address 1488 HERTEL AVE. Organization City BUFFALO State /Province NY ZIPIPC 14216 -2836 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC1215934 Name MARTINO CARL Mailing Address Organization City 1488 HERTEL AVE StatelProvince BUFFALO NY ZIPIPC 14216 -2836 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign No Addresses are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 08/28/2013 09:42 AM There are no Inspections for this Report Submitted By DAVID GRUNDY 631780 BCODEREV 1 Incomplete ❑ 08/28/2013 09:38 631781 CC APP 1 Incomplete ❑ 08/28/2013 09:36 631782 FPLAN 1 Incomplete ❑ 08/28/2013 09:38 631783 PPLAN 1 Incomplete ❑ 08/28/2013 09:38 631784 ELECTRICAL 1 Incomplete ❑ 08/28/2013 09:38 631785 ELEVATORS 1 Incomplete ❑ 08/28/2013 09:38 GC Building Application 9 Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By ORUND Modified DatelTime 08/28/2013 09:37 Comments No Comments PRIOR APPROVALS i t Eflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination Common Council ❑ First Insurances Check City Engineering ❑ Admin Office /Apts R4 ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment -1 Canopy/Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit ❑ Tree over 4" at 4' City Planning ❑ Other ❑ Zoning /Use Check ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified DatelTime 08/28/2013 09:37 Comments No Comments Regular Committees 71 CIVIL SERVICE (Bonnie E. Russell, Chairperson) 000711 Appoint Park Utility Worker (Prov)(Inter)(Jaeckle)(PW) ccp# 39, 07123 Mrs. Russell moved That Communication 39 of July 23, 2013, be received and Filed and that the Provisional appointment of Guy Jaeckle, 83 Fuller St, Buffalo, NY I4207 to the Position of Park Utility Worker, Provisional at the Intermediate Salary of $25,100.00 is hereby approved PASSED AYES - 9 NOES - 0 h Recommended by the Committee on Civil Service n9 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON * SMITH [MAJ- 5] [213 - 6] [314 - 7] Q00`�0 Appoint Assistant Filtration Plant Operator (Temp)(Inter)(Machin)(PW) ccp# 40, 07123 Mrs. Russell moved That Communication 40 of July 23, 2013, be received and Filed and that the Temporary appointment of Eric Machin, 14 Rosedale St, Buffalo, NY 1420I to the position of Assistant Filtration Plant Operator at the Intermediate Salary of $39,101.00 is hereby approved PASSED AYES - 9 NOES - 0 1 Recommended by the Committee on Civil Service ' n Pq I *AYE* NO * FONTANA * FRANCZYK * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON * SMITH [MAJ- 5 ] [213 - 6] _ [3/4 - 7 ] QQOS1 Appoint Filtration Plant Operator (Prov)(Inter)(Janicki)(PW) ccp# 41, 07/23 Mrs. Russell moved That Communication 41 of July 23, 2013, be received and Filed and that the Provisional appointment of Matthew Janicki, 111 Porter Avenue, Buffalo, NY 14261 to the position of Filtration Plant Operator at the Intermediate Salary of $41,875.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service QXM-M 6 Ri44-- [&I 6� *AYES` NO FONTANA RNERA FRANCZYK * * - RUSSELL * * * GOLOMBEK SCANLON LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - b] [3/4 - 71 00082 Appoint Water Line Inspector (Perm)(Inter)(Abbate)(PW) cop# 42, 07123 Mrs. Russell moved That Communication 42 of July 23, 20I3, be received and Filed and that the Permanent appointment of Salvator Abbate, 459 St Lawrence St, Buffalo, NY 14216 to the position of Water Line Inspector at the Intermediate Salary of $44,397.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 6WA P, *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA.I- 5] [213 - b] [3/4 - 71 cG�lq 0008, Appoint Captain (Perm)(Gramaglia, Roberts)(Pol) ccp# 48, 07/23 Mrs. Russell moved That Communication 48 of July 23, 2013, be received and Filed and that the Permanent appointments of Joseph A. Gramaglia, 6 Aaron Trail, Orchard Park, NY 14127 and Patrick Roberts, 140 Idlewood, Buffalo, NY 14127 to the position of Captain at the Flat Salary of $83,160.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service Q. 6 Q"'ED 3o'k V ,o *AYE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [------ -- - ----] [ MAJ - 5 ] [213 - 6] [314 - 7] 000 Appoint Detective (Perm) ( Leone, Cardona II, Adams, Walker, Ruggiero, Ledwin, McCarthy, Frankel, Mayhook, Lopez,)(PoI) ccp# 49, 07123 Mrs. Russell moved That Communication 49 of July 23, 2013, be received and Filed and that the Permanent appointments of Craig J. Leone, 103 Avondale, Grand Island, NY 14072 Louis A. Cardona II, 902 Marlow Avenue, Blasdell, NY 14219 Bart A. Adams, 28 Tuscarora Road, Buffalo, NY 14220 Judith M. Walker, 15 Wedgewood Drive, West Seneca, NY 14224 Joseph J. Ruggeria, 355 Lakefront Blvd, Buffalo, NY 14202 Julie A. Ledwin, 28 Ganna Court, West Seneca, NY 14224 Erin M. McCarthy, 5740 Cole Road, Orchard Park, NY 14127 Amy J. Frankel, 12 Cedar Brook Drive, Lancaster, NY 14086 Jason M. Mayhook, 94 Wallace Avenue, Buffalo, NY 14214 Dawn M. Lopez, 9495 Protection, Holland, NY 14080 to the position of Detective at the Flat Salary of $66,230.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service y - �v� *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [--------- - ---] [213 - 5] [314 - 7] C�„b� 00055 Appoint Detective Seargant(Perm) (Mourgas, Lundin, Dunham)(Pol) ccp# 50, 07123 Mrs. Russell moved That Communication 50 of July 23, 2013, be received and Filed and that the Permanent appointments Nicholas A. Mourgas, 1017 Sheree Drive, Grand Island, NY 14072 Carl A. Lundin, 63 Caldwell Drive, West Seneca, NY 14224 and James P. Dunham, 73 Bloomfield Avenue, Buffalo, NY 14220 to the position of Detective Seargant at the Flat Salary of $69,009.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 6 4k�o *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA]- S] [213 - 6] [3/4 - 71 1 �J 0008 Appoint Lieutenant(Perm) (Humiston, Thomas, Britzzalaro, Lark, Kelly, McLean,Jr., Labedz, Dowell) (Pol) ccp# 51, 07/23 Mrs. Russell moved That Communication 51 of July 23, 2013, be received and Filed and that the Permanent appointments Patrick Humiston, 18 Taylor Drive, West Seneca, NY 14224 Mitchell J. Thomas, 19 Place, East Amherst, NY 14051 Brian J. Britzzairo, 153 Hamburg Street, Buffalo, NY 14204 Ricky V. Lark, 3761 Trails End Lane, Wheatfield, NY 14120 Louis V. Kelly, 66 Allenhurst, Buffalo, NY 14214 George P. McLean, JR, 6547 Emily Lane, Lockport, NY 14094 Darren Labedz, 4701 Pineview Drive, Hamburg, NY 14075 Shawn Dowell, 101 Yorktown Road, Amherst, NY 14226 to the position of Lieutenant at the Flat Salary of $73,312.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service QDr". 6 R" 1� *AYE* NO FONTANA RANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [MA.I- 5] [213 - 6] [314 - 71 0008 Appoint Lieutenant(Cont Perm) (Cyrek, Beyer, LKangdon) (Pol) cop# 52, 07123 Mrs. Russell moved That Communication 52 of July 23, 2013, be received and Filed and that the Contingent Permanent appointments Mark Cyrek, 59 Edmund, Cheektowaga, NY 14227 Amber Beyer, 7638 Arnold Drive, Wheatfield, NY 14120 Joseph Langton, 270 Tampa Drive, West Seneca, NY 14220 to the position of Lieutenant at the FIat Salary of $73,312.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service o9�-/ *AYE* NO FONTANA FRANCZYK * ;� * * GOLOMBEK LOCURTO PRIDGEN RVERA RUSSELL SCANLON SMITH [-------- - - - - -I * [ MAJ - 5 ] [213 - 6] [314 - 7 00088 Notices of Appointments - Temp /Prov/Penn CCP #73, 07/23 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service Y , �b COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) 00089 V" P. Lytle - Supplement to Applications by T- Mobile for Installation of Communication Tower located at 523 and 535 Northampton (C.C.P #77, July 23) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. ADOPTED ., l 7 Recommended by the Committee on Community Development ®00 0 $�, D. Pridgen -UB School of Medicine and Biomedical Sciences Draft Envir Impact Statement (C.C.P #84, July 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development J. Gage - Modified General Project Plan - Public Hearing (C.C.P #41, Apr 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development t 5 LEGISLATION (Darius G. Pridgen, Chairman) 00092 Ordinance Amendment — Section 387 -6 — Sponsor Acknowledgments in Martin Luther King and Riverside Parks (Item No. 144, C.C.P., July 23, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be received and filed; That Section 387 -6 of the Buffalo City Code be amended as specified in the attached Ordinance Amendment. PASSED Recommended by the Committee on Legislation f"' Chairperson 9- 9 -1 C:\UsersllmcinsldVsppDamlLoc llMl ..fL%Windo%;$'Temperary imemet FilcslCo ten1.Oud1 k�QX72QVW65Ordirmm Amendmcnl -Sec 787 -6,dax I q [-------- - - - - -] [MAJ- 5] [213 - b] [314 - 7] *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO FRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - b] [314 - 7] 0009,E Phillips Lytle, LLP- Application by T Mobile For Install of Communications Tower - 523 & 535 Northampton St (Ell) (C. C. P. #59, May 1 4) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. Adopted. Recommended by the Committee on Legislation 0®®94 D. Pridgen — N. Amigone, Esq Letter of Apology Re 3172 Bailey (C.C.P #31, Jan 8) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation I g 1 �i �b Special Committees 9 u EDUCATION (DEMONS A. SMITH, Chairman) 000 LP Ciminelli -Board Packet Documents July 2413 (C.C.P 475, July 23) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education ;r r' i/ 19n RESOLUTIONS September 3, 2013 ®009 RESOLUTION 8128113 By: Mr. Fontana Re: Sale of Vacant Lots to Homeowners on Brinkman Avenue Whereas: In recent years the residents of Brinkman Avenue have seen an increase in neglectful absentee property ownership on Brinkman, which has subsequently given rise to drug dealing and other criminal activities in the area; and Whereas: The Lovejoy District Councilmember's office, the Buffalo Police Department, and the Department of Permit and Inspections Services in cooperation with area residents have all focused their efforts on removing criminal activity and holding neglectful property owners accountable on Brinkman Ave.; and Whereas: Many homeowners and residents on Brinkman Avenue have expressed interest in acquiring the several city owned vacant lots on the street, in order to secure, clean, improve, and beautify these parcels of land; and Whereas: By getting these parcels into the hands of responsible property owners it will swiftly and effectively remove blight, decrease the available opportunities for criminal activity, and stabilize the community of Brinkman Avenue. Now, Therefore, Be It Resolved: The Common Council hereby requests that the Office of Strategic Planning, Division of Real Estate authorize the sale of vacant parcels on Brinkman Avenue to responsible homeowners on Brinkman Avenue for the price of $250 each; and Be It Further Resolved: The vacant lots located at 217 and 231 Brinkman Avenue be sold to Patricia Gauthier of 225 Brinkman Avenue, Be It Further Resolved: The vacant lots located at 197 and 201 Brinkman Avenue be sold to Bruce Soles of 193 Brinkman Avenue. Be It Further Resolved: The vacant lot at 184 Brinkman Ave be sold to Rose Woodson of 180 Brinkman Avenue. Richard A. Fontana Council President EFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE /1�- 0009 RESOLUTION 7129113 By: Council President Fontana Re: Waive Park Application Fees for East Lovejoy Coalition of Neighbors ( ELCON) National Night Out Whereas: Every year on the first Tuesday in the month of August block club organizations in the City of Buffalo are encouraged to participate in National Night Out block parry celebrations; and Whereas: This year National Night Out will be held on Tuesday, August 6� and Whereas: The East Lovejoy Coalition of Neighbors ( ELCON) is the block club organization comprised of residents of all streets of the Lovejoy neighborhood; and Whereas: In order to accommodate residents from across Lovejoy, the ELCON National Night Out celebration is held at Hennepin Park, which necessitates submission of the appropriate park use application forms. Now, Therefore, Be It Resolved: The Buffalo Common Council hereby waives any and all application fees associated with the ELCON National Night Out Celebration. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa of the Department of Public Works Parks Division, A4 Richa d A. Fontana Council President Ef !�D *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA * '� RUSSELL SCANLON SMITH # [-------- - - - - -] [ MAJ - 5 ] [213 - 61 [ 3/4 - 7 00090 RESOLUTION By: Council Member Richard A. Fontana Re: Waive Event Permit fee for "9/11 Memorial to the fallen heroes and victims of September 11, 2001" Whereas: On Tuesday, September 3, 2013 at 11:00 am, a special remembrance ceremony for the heroes and victims of the tragic event of 9/11. This ceremony will include a 7 ft. tall memorial that was made in honor of the countless lives that were lost during this tragic event; and Whereas: This Memorial statue will be available for viewing at the Niagara Square Circle in front of City Hall on Tuesday, September 3rd at 11:00am; and Whereas: This stainless steel memorial features the names of every victim of the terrorist attack engraved in the base of the structure, with the number 9 and the twin towers meant to evoke the towers themselves as well as the date of the attack. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee to be waived for the September 3, 2013 "9/11 Memorial to the Fallen Heroes and Victims of September 11, 2001 ", conditioned upon obtaining the necessary insurance for the event; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED Richard A. Fontana Common Council President Lovejoy District Council Member ip �,5' *.AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO FRiDGEN RTVERA RUSSELL SCANLON SMITH o [-------- - - - - -] [ MA3 - 5 1 [213 - 6] [314 - 71 00099 35' RESOLUTION By: Mr. Golombek SUBJECT: Waive Park Fees for Black Rock - Riverside Neighborhood Housing Whereas: The Black Rock - Riverside Neighborhood Housing Services, located on Military Road, works to help finance and educate homeowners in the City of Buffalo, and Whereas: In order to expand its outreach to the local community, the organization participated in the United Way's Day of Caring; and, Whereas: The organization chose to rehabilitate the backyard and playground area of Munchkinland Daycare, located on Tonawanda Street; and, Whereas: Black Rock - Riverside Neighborhood Housing Services will be using the picnic shelters at Riverside Park to host a thank you luncheon for all the projects volunteers. Now, Therefore, Be It Resolved: This Common Council applauds the work of the Black Rock - Riverside Neighborhood Housing Services and the United Way in the Buffalo community. In addition, the Black Rock- Riverside Neighborhood Housing Services is granted a waiver by this Honorable Body of all fees required by the City of Buffalo Parks Department that are associated with this event. I NN Joseph Golombek Jr. l [-------- - - - - -] [MAJ- 5] [213 - 6] [3/4 - 71 *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - 6] [3/4 - 71 00 0 RESOLUTION By: Mr. Golombek Re: The USA National Masters Championship Fleet Feet 15K Run Into Buffalo Whereas: The annual Fleet Feet 15K run will take place in Buffalo on Monday, September 2, 2013; and Whereas: The 2013 race has been designated as the USA National Masters Championship and has attracted runners from across the United States and Canada; and Whereas: Starting and finishing on the waterfront at the Erie Canal Harbor, the race which attracts more than 600 runners, takes runners through downtown Buffalo, Delaware Avenue and the Olmsted Parkways; and Whereas: Race proceeds support Shoes on Students (SOS), which provides running shoes to local high school athletes. This support helps give local high school runners the tools they need to compete at their best; and Whereas: Over 1,000 pairs of running shoes have been donated to young runners who may not be able to afford high quality training shoes that improves an athlete's ability perform at a high level; and Whereas: The City of Buffalo, and the Common Council, supports and encourages the commitment Fleet Feet has shown to the community and the local student runners of Buffalo; Now, Therefore be it Resolved: That the Common Council does hereby approve waiving any street closing fees by the Department of Public Works Parks & Street for the USA National Masters Championship Fleet Feet 15K Run Into Buffalo being held on September 2, 2013; and Be it Further Resolved: That the organizers of the USA National Masters Championship Fleet Feet 15K Run follow all rules and regulations as set forth by the Department of Public Works, Parks & Streets regarding street closings; and Be it Finally Resolved: That copies of this resolution be sent to Fleet Feet Sports, the Department of Public Works Parks & Streets and the Corporation Counsel. QL,A %"j Joseph Golombek, Jr. PASSED *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH * [-------- - - - - -] * * 0 [MA3- 5] [213 - 6] (3/4 - 71 00.10. RESOLUTION By: Mr. Golombek Re: Waive Special Event Permit Fee for Lantern Light Canoe Parade Whereas: The Scajaquada Canoe club will be holding a canoe reenactment parade on Hoyt Lake in Delaware Park; and Whereas: About 20 canoes and several skiffs from the Hoyt Lake livery fleet will be participating in the event; and Whereas: The Scajaquada Canoe club will use Hoyt Lake at Delaware Park from approximately 8:00 pm to 10:00 pm on Saturday, August 3, 2013; and Whereas: The event will be able to be viewed from the promenade and bridge at Hoyt Lake; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event permit fee associated with the Scajaquada Canoe Club Lantern Light Canoe Parade at Hoyt Lake in Delaware Park on Saturday, August 3, 2013; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. Joseph Golombek, Jr. 3� 1� IP n il:, ivv FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [ MA3 - 51 [ 2/3 - 6 ] [3/4 - 7] 00102 Resolution September 3 " 2013 Sponsor: Councilmember LoCurto RE: Legislative Aide Appointment Whereas, I am appointing Ms. Sarah Bishop, who resides at 285 Pennsylvania Street in Buffalo, New York, 14201 as Legislative Aide in my office; and Whereas, Ms. Bishop has done exceptional work in the community as the former Executive Director of Buffalo First!, including organizing the BALLE Business conference, whose 520 attendees had an estimated local economic impact of over $700,000; as well as providing other support to local businesses and entrepreneurs through Buffalo First's successful Buy Local campaign; and Whereas, Ms. Bishop also has a strong background in government and public policy, having worked as the Director of Operations for the Institute of Religion and Public Policy in Washington, D.C; and Whereas, 1 am confident that Ms. Bishop will be a strong asset to my office, to Delaware District constituents, and to the City of Buffalo; and NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby appoints Ms. Sarah Bishop as Legislative Aide for the Delaware District. K MICHAEL J. Lo RTO Delaware District Councilmember ON at; 1� P, Q00� ,�a\ Resolution Sponsor: Councilmember LoCurto RE: Waive Permit Fees for the Buffalo Seminary Back to School Picnic Whereas, The Buffalo Seminary Parent Association celebrates the beginning of the academic year with an annual "Back to School Picnic "; and Whereas, The Back to School Picnic will be held on September 6 2013 from 4pm to 8pm on the West side of Chapin Parkway between Potomac and Soldier's Circle; and Whereas, approximately 300 students and parents are expected to attend, with dinner being prepared in the school kitchen so that no grills or propane will be utilized outside; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting Buffalo Seminary's annual Back to School Picnic on September 6 2013 from 4pm to 8pm on Chapin Parkway; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. • MICHAEL J. Lo RTO Delaware District Councilmember FIN LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5 ] [213 - 6] [ 3l4 - 71 00104 Resolution Re: Waive Permit Fees for the Elmwood Kiwanis Annual Fishing Derby Sponsor: Councilmember LoCurto Whereas, on Wednesday August 21 2013, the Elmwood Kiwanis will be hosting a free Fishing Derby for 150 city children and 50 United Way volunteers at Hoyt Lake in Delaware Park; and, Whereas, the event will be held from 8:00 am to 12:00 pm, and is an annual event that rely' solely on food donations and other organizational support as there is no admission fee; and, Now, Therefore, Be it Resoled: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting the Elmwood Kiwanis Annual Fishing Derby in Delaware Park on August 21 2013 from Sam to 12pm; and, Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. "4 �' MICHAELJ4VCURTO Delaware District Councilmember 3,�� *.AYE* NO * FONTANA . . FRANCZYK GOLOIIMBEK LOCURTO PRIDGEN RiVERA RUSSELL SCANLON SMITH [ ------------- ] [MAJ- 5 ] [2/3 - 6 [3/4 - 7 Resolution Sponsor .Michael J. LoCurto RE: Waiving the Permit Fees for "Bullying Stops Were" Event in Delaware Park. Date: 7/30/13 Whereas, the Buffalo Public Schools and the Arlene Brunson Center for Children Against Drugs have been working on a yearlong program to stop bullying in schools; and, Whereas, a program called "Bullying Stops Here" will be held Friday, August 9`� In Delaware Park from 11;00 until 3;00pm; and, Whereas, this program will include workshops, a fashion show, poetry performance, and rap performance that will all focus on stopping violence and bullying amongst the youth in our community; and Whereas, over 100 members of our community are expected to attend this free event; and, Now, Therefore, Be It Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park on August 9` from 11:00 until 3;00pm, Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. MICHAEL J. LoCURTO Delaware District Councilmember f t o /a *AYE* NO EONTANA * * * ERANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA * RUSSELL - SCANLON SMITH [ MA3 - 5 [213 - 61 [3/4 - 7 00100 9 RESOLUTION lull BY: Council Members Darius G. Pridgen and David A. Franczyk •.� `� srcrrt ` ��L�. SUBJECT: Moratorium on Demolition of St. Ann's Roman Catholic Church and Shrine WHEREAS: The history of St. Ann's Church and Shrine began with a conversation between Mr. Stephen van Rensselaer Watson and Bishop John Timon as they rode together down Batavia Street (now Broadway) to St. Ann's Church and Shrine which has been a pillar of the East Side community; and WHEREAS: St. Ann's Church and Shrine was initially built in 1858 for $7,000 and due to its growth was expanded at a cost of $135,000 for the Church and $107,000 for the St. Ann's Catholic School; and WHEREAS: The Church's beauty was only accentuated by the work the church did in the community. St. Ann's parish quickly became a major neighborhood focal point that not only cared for the spiritual needs of its community, but also its social and economic needs. Parish clubs and societies proliferated tremendously: St. Frances Xavier School Society, St. Vincent Orphan Society, Parish Council and Church Consultors, Catholic Benevolent Legion No. 197/Queen City Council, Catholic Workers' Society Insurance Fund, Catholic Mutual Benefit Society and a host of others to name a few; and WHEREAS: St. Ann's Church and Shrine is a unique location containing singular physical characteristics that make it an established and familiar visual feature within the City. It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the City of Buffalo. WHEREAS: St. Ann's is richly engrained in Buffalo's history and her status is important to each of us who are historians of Buffalo. NOW, THEREFORE BE IT RESOLVED: The City of Buffalo Common Council goes on record in opposition of the demolition of St. Ann's Church and Shrine; and NOW, THEREFORE BE IT FURTHER RESOLVED: The Common Council hereby directs the Commissioner of Permit and Inspection Services to deny issuance of any demolition permit for the St Anne's Roman Catholic Church and Shrine, 651 Broadway, Buffalo, New York, 14212 pending Preservation Board review and hearing by the Common Council; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W..Brown, the City of Buffalo Department of Permit & Inspection Services, the Office of Strategic Planning and the Buffalo Catholic Dioceses "Pridgen AD OPTED r c avid A. Franczyk }� Ellicott District Council Member Fillmore District Council Member 1% APIA / 1---, 0010 August 29, 2013 Sponsored by: Councilmember David Rivera Re: Community Foundation for Greater Buffalo's (CFGB Application •for Urban Initiative Grant Whereas: The Urban Initiative program, administered by the State's Division of Homes and Community Renewal, provides financial and technical resources to communities for the restoration and improvements of housing, commercial, and community facilities in urban neighborhoods; and Whereas. CFGB recently launched the Buffalo Green and Healthy Homes Initiative ( "Buffalo GHHI "), which promotes and coordinates local programs for weatherization, lead hazard control, asthma control, and other health and safety improvements in low- income homes; and Whereas: The project will be a collaboration between CFGB, Habitat for Humanity ( "HH "), the Centerfor Employment Opportunities ( "CEO "), and People United for Sustainable Housing ( "PUSH ") with each organization lending its expertise in (HH and PUSH) and workforce training (CEO); and Whereas: HH will be responsible for renovating 324124 Street, where they will turn a current vacant dwelling into a highly energy efficient, affordable home that will meet or exceed national green building certification standards and be owner - occupied by a pre - approved low income person /family; and Whereas: PUSH will be responsible for renovating 16 Winter Street, where they will turn a current vacant dwelling into a highly energy efficient, affordable home that will meet or exceed national green building certification standards; and Whereas, CEO will administer the transitional employment and hands -on training for 80 -100 individuals on the two work sites where workers will learn supervised hands -on construction skills training and training in the application and installation of green and healthy homes measures and will become GHHI certified workers through complimentary classroom training; and Whereas: This project will meet regional economic development priorities connected to job creation and smart growth, and also local community priorities related to affordable housing; weatherization and energy affordability, and green job training and creation. Now, Therefore Belt Resolved: The Common Council approves this project and fully endorses the Community Foundation of Greater Buffalo's Urban Initiatives application, ADOPTED BY: Ms. RUSSELL SALARY AND WAGE SCHEDULE "C" The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "C" , PBA, is hereby amended to read as follows: Note: Old Salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM C rporation Counsel j Of ( A /l7 3' We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance, r ; N :�r MAYOR IN I I&I N I VWIIIII' U COMPTROLLER �i �a This ordinance shall be effective June 30, 2008. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Daniel Derenda, Commissioner of Police, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. .:f 0 MAYOR YL MARK J.F. SCHROEDER COMPTROLLER DANIEL DERENDA POLICE COMMISSIONER DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS PBA 1 COMMISSIONER OF POLICE 1 006 2 DEPUTY COMMISSIONER OF PC 1 080 7 POLICE CHIEF 1 021 7 POLICE INSPECTOR C 008 19 POLICE CAPTAIN C 007 95 POLICE LIEUTENANT C 005 14 DETECTIVE SERGEANT C 004 100 DETECTIVES C 002 856 POLICE OFFICERS C 001 (116,989) (102,161) - (93,715) - (90,935) - (83,160) - (73,312) - (69,009) - (66,230) (48,896) (64,095) - 118,159 - 103,183 - 94,652 - 91,844 - 83,991 - 74,045 - 69,699 - 66,892 49,384 64,736 Effective 6/30/2008 This ordinance shall be effective June 30, 2009. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Daniel Derenda, Commissioner of Police, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. I �r 1 � i MARK J.F. SCHROEDER COMPTROLLER DANIEL DERENDA POLICE COMMISSIONER DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS PBA 1 COMMISSIONER OF POLICE i 006 - (118,159) 2 DEPUTY COMMISSIONER OF PC I 080 - (103,183) 7 POLICE CHIEF I 021 - (94,652) 7 POLICE INSPECTOR C 008 - (91,844) 19 POLICE CAPTAIN C 007 - (83,991) 95 POLICE LIEUTENANT C 005 - (74,045) 14 DETECTIVE SERGEANT C 004 - (69 100 DETECTIVES C 002 - (66,892) 556 POLICE OFFICERS C 001 (49,384) (64,736) 50,372 Effective 6/30/2009 120,522 105,246 96,545 93,681 85,671 75,526 71,093 68,230 66,031 �Y *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA3 - 5 ] [213 - 6] [3/4 - 71 00.0` RESOLUTION By: Mr. Scanlon M(. E Date: 712512013 Re: Support of the Old First Ward Community Association New York State Main Street Program Whereas: The Old First Ward Community Association is dedicated to revitalizing the neighborhoods near and around South Buffalo and the Buffalo River; and Whereas: Community surveys have demonstrated the need to revitalize the Abbott Road Commercial Corridor; and Whereas: The New York State Division of Housing and Community Renewal offers funding under the Main Street Program to revitalize commercial corridors; and Whereas: The Old First Ward Community Center is applying for Main Street Funds from NYSDHCR for the Abbott Road Commercial Corridor; and Whereas: As a requirement under the rules of this program, the Old First Ward Community Association must obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo does hereby approve and endorse the application of the Old First Ward Community Association for a grant under the New York State Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the revitalization of the Abbott Road Commercial Corridor and supports the application of the Old First Ward Community Association for New York State Main Street funds as a part of the overall Abbott Road Commercial Corridor Revitalization effort. OPTED stophe . Scanl N 00110 RESOLUTION Sponsors: Christopher P. Scanlon Date: August 8, 2013 Subject: Waive Event Fees for Annual Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park will take place on Thursday, August 15, 2013 at 7pm in Heacock Park between Abbott Road, McKinley Parkway, and Southside Parkway; and WHEREAS, The mass is an annual event open to all members of the community. The ice cream social following the mass provides neighbors with the opportunity to socialize, strengthening relationships throughout the community; and WHEREAS, The Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park is not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works and Special Events. •ist " op h . Scanlo South District Council Member �l� *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO FRIDGEN RIVERA * * RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ] [213 = 6] [314 - 7] RESOLUTION Sponsors: Christopher P. Scanlon Date: August 16, 2013 Subject: Waive Event Fees for Poll Watcher Training and Instruction Class WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Poll Watcher Training and Instruction Class will take place from Monday, August 19, 2013 to Friday, August 23, 2013 from 9:00am to 4:30pm each day at Tosh Collins Community Center; and WHEREAS, This training and instruction class will ensure orderly conduct on voting day and will allow Poll Watchers to provide apolitical voting instructions to voters; and WHEREAS, Voting is a democratic right and voting locations are dependent upon the tireless work of volunteers who will be trained as Poll Watchers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, and the Department of Public Works waive all fees applicable for Poll Watcher Training and Instruction Class; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED ( Lc�C tz Christopher P. Scanlon South District Council Member 1 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK * LOCURTO PRIDGEN [MA3- 5] C RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [MA3- 5] C [213 - G] [3I4 - 7 ] 00 11. '+ RESOLUTION Sponsors: Christopher P. Scanlon. Date: August 8, 2013 Subject: Waive Event Fees for Woodside United Methodist Church Picnic in Cazenovia Park WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Woodside United Methodist Church Picnic in Cazenovia Park will take place on Sunday, August 25, 2013 in Cazenovia Park; and WHEREAS, The picnic is open to all members of the community and provides neighbors with the opportunity to socialize, strengthening relationships throughout the community; and WHEREAS, Woodside United Methodist Church Picnic in Cazenovia Park is not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the Woodside United Methodist Church Picnic in Cazenovia Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works and Special Eents. PASSED istopher . Scanlon South District Council Member :004W �Gy *AYE* NO * FONTANA FRANCZYK * GOLOMBEK LOCURTO PRiDGEN RIVERA * RUSSELL SCANLON SMITH [ ------------ ) [MAJ- 5 [2/3 - 6] [314 - 7] 00113 Sponsor: Demone Smith RESOLUTION Re: Waive Park Rental and Event Fees associated with "Prayer In the Park" Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be changed with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and Whereas: "Prayer In the Park" is an annual event organized by Sister Wanda L. Strong Howard of Prayer In the Park Ministry; and Whereas: "Prayer In the Park" is an annual held every Labor Day Weekend; and Whereas: "Prayer In the Park" is a celebration whereas people come from far and near for praise and worship, food is served, and giveaways of items such as clothes, food, and school supplies to the less fortunate; and Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives the Park Rental and Event Fees for "Prayer In the Park ". Be It Further Resolved: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. Majority Leader Masten District Councilmember PASSE 90 1 Demone Smith *AYE* NO * FONTANA * FRA CZYK * * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [MA3- 5] [213 - b] [314 - 71 11 � q 0� 0 0 001 By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Pershing Ave Remembroance and Recognition Day By Councilmember pridgen Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED September 3, 2013 (W"i#u of �uffttln Tomman Counrit 11rortamation At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, July 30, 2013, the following proclamation was adopted, sponsored by Ellicott District Council Member Darius G. Pridgen: WHEREAS: Pershing Avenue was dedicated to the City of Buffalo by the late John P. Smith and was adopted September 7, 1928. The City. Engineer at the time was John A. Ditto; and WHEREAS: Pershing Avenue was originally "named Berlin Street;and dedicated on June 10, 1867 to public use July 29, 1867. The petition to open B'erlin'Street „was May 1, 1871. The boundary of Berlin Street at that time, was_ front' .Best Street to, High Street dated September 4,187, and the resolution was adopted'on October 15, 1:871; and WHEREAS: The Pershing Avenue Block Party Remembrance,and Recognition Committee holds i #s' first Block Party on Saturday, August 3, `2013, frorrm` noon #0 6 00PM on Pershing Avenue between Best and High Streets,. WHEREAS: The Mission is to recognize and remember community residents reunitingpast and current residents of Pershing street to share `the wonderful hiatory; =;arid WHEREAS: Former residents, of Pershing.Avenue. include. the first Female P olice Captain of Buffalo, several =small business owners, Veterans that served, in the United States Military during war'and peacetime from WWII to the present, `a recipient of the NYS Senate Veterans Hall of Fame, former International Professional Wrestler, City Court Judge, Fire Fighter, and other representatives; and NOW, THEREFORE, BE IT PROCLAIMED, That the City of Buffalo Common Council proclaims August 3, 2013, as Pershing Avenue Remembrance and Recognition Day, acknowledging the history of Pershing Avenue. t � Darius G. Pridgen Ellicott District Councilmember 00.15 I: f u • � :�.yu1M11a Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Louis A. Cardona II Catherine L. Wood Total: 2 Adopted 9103113 IV 0011x, �, �� 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 Special Committees Tuesday, Sept. 10, 2013 at 9:45 o'clock A.M. Tuesday, Sept. 10, 2013 at 10:00 o'clock A.M. Tuesday, Sept. 10, 2013 at 1:00 o'clock P.M. Tuesday, Sept. 10, 2013 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by 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 Lip whereby the Cit Clerk'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. 0011 No. Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK � 191 September 3, 2013