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HomeMy WebLinkAbout12-1002CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO October 2, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on September 18, 2012 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ] [ 2/3 - 61 [314- 7] *AYE* NO * * * * * * October 2, 2012 m FROM THE MAYOR October 2, 2012 J FROM THE MAYOR - EXECUTIVE DEPARTMENT October 2, 2012 FROM THE CITY PLANNING BOARD October 2, 2012 00 00 1 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 517 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Description: Anthony G. Petrilli DDS is proposing the construction of a parking lot located at 348 Abbott Road, Buffalo New York, The proposed project includes the construction of a twelve (12) car parking lot adjacent to the Comfort Dental Office. The new parking lot will allow for the patients to have better handicap accessibility as well as alleviate parking problems that occur on the neighboring residential streets. As part of the proposed work, the parking area will be concrete, including two protective bollards for the gas meter and new interior curbing for adjacent house and landscaping protection. A new black wrought iron fences and gates will be installed at the entrance on Abbott Road and exit on Rutland Avenue. This project should enhance the appearance of the corner and provide security and privacy for the neighboring houses and offices. No additional lighting will be added as the current lighting will be sufficient. A snow storage area is being provided. A new catch basin will be installed. The project is privately funded by the owner. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow for less off street parking related to the dental business making more space to be readily available to the neighboring property owners as well as providing better accessibility to handicapped customers. 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 on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 71$ 851 -5085 Dated September 25, 2012 CC: City Clerk City Of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Comfort Dental RECEIVED AND FILES ; w 0 Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Comfort Dental Parking Lot Location: 348 Abbott Road Type of Action: Uncoordinated - Unlisted Description: Anthony G. Petrilli DDS is proposing the construction of a parking lot located at 348 Abbott Road, Buffalo New York, The proposed project includes the construction of a twelve (12) car parking lot adjacent to the Comfort Dental Office. The new parking lot will allow for the patients to have better handicap accessibility as well as alleviate parking problems that occur on the neighboring residential streets. As part of the proposed work, the parking area will be concrete, including two protective bollards for the gas meter and new interior curbing for adjacent house and landscaping protection. A new black wrought iron fences and gates will be installed at the entrance on Abbott Road and exit on Rutland Avenue. This project should enhance the appearance of the corner and provide security and privacy for the neighboring houses and offices. No additional lighting will be added as the current lighting will be sufficient. A snow storage area is being provided. A new catch basin will be installed. The project is privately funded by the owner. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow for less off street parking related to the dental business making more space to be readily available to the neighboring property owners as well as providing better accessibility to handicapped customers. 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 on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 71$ 851 -5085 Dated September 25, 2012 CC: City Clerk City Of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Comfort Dental RECEIVED AND FILES ; w 0 r FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 2 PASSED October 2 2012 Statt Plan - Assumption of NYS Dept of State Grant for Republic Park Preliminary Design Project Gerald A Chwalinski City Clerk OCT 1 5 2012 Q00Z # 1 (Rev. 1193) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 25, 2012 FROM: DEPARTMENT: Strategic Planning DIVISION: Community Planning SUBJECT: Assumption of New York State Department of State grant for Republic Park Preliminary Design Project PRIOR COUNCIL REFERENCE: TEXT: (TYPE SINGLE SPACE BELOW) The New York State Department of State ( NYSDOS) has available unspent grant funding through the NYS Quality Communities Program. Funding from the original agreement with the Neighborhood Housing Services of South Buffalo ( NHSSB) was only partially spent and the NHSSB has agreed to release the remaining funding to enable another agency to assume the grant before the funding is lost (the remaining funding must be spent by March 31, 2013). The NYSDOS has determined that the City of Buffalo is eligible to utilize these funds due to the city being listed on the original grant application and its past success at carrying out such grant projects. The NYSDOS stipulated that the funds be directed toward the general community along South Park Avenue, for which the grant was originally applied. The Office of Strategic Planning and Buffalo Urban Development Corporation (BUDC) are partnering on the South Buffalo Brownfield Opportunity Area (BOA) Project, within which RiverBend (former Republic Steel plant) is a strategic site. As part of the South Buffalo BOA, the RiverBend Master Plan calls for the redevelopment of the 200 - acre site into a mixed use employment center. The redevelopment of RiverBend will build on the success of the Buffalo Lakeside Commerce Park in reclaiming significant brownfield lands for productive use, increasing the city's tax base and providing hundreds of well- paying jobs.. The available NYSDOS funding will be utilized to provide the preliminary design for Republic Park, which will be a key public amenity around which private development will be centered and which will be located along South Park Avenue, within the RiverBend site. Republic Park will play a role similar to that of the Ship Canal Commons park within the Buffalo Lakeside Commerce Park. In addition to providing an attractive amenity for economic development, it will also be a community asset that will enhance the quality of life for nearby residents. There is $44,440 remaining in the NYSDOS grant, with a required local match of $11,110. The project will be managed by the BUDC and the local match will be provided through the Buffalo Brownfield Redevelopment Fund, which is administered by the BUDC and.ECIDA. There would be no expenditure of City of Buffalo funds for this project. 1 respectfully request Common Council approval to utilize the available NYSDOS grant funding in the amount of $44,440 for the Republic Park Preliminary Design Project. Accordingly, I am requesting that your Honorable Body authorize the Mayor to execute a contract with the New York State Department of State to assume the existing grant in the amount of $44,440. I In addition, I request approval for the Mayor to execute a contract with the Buffalo Urban Development Corporation for the purpose of managing and implementing the Republic Park Preliminary Design Project. I am also requesting further authorization for pertinent City of Buffalo personnel to take all other steps and to enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate said agreements with the NYSDOS and BUDC and to implement the Republic Park Preliminary Design Project. TYPE DEPARTMENT HEAD NAME: Brendan Mehaffy I%1I_10 1 10 1 11►Ce3 TYPE TITLE: EXECUTIVE DIRECTOR OF OFFICE OF STRATEGIC SIGNATURE OF DEPARTMENT HEAD: BRM:JMF:plg eA W , MINA I Assumption of New York State Department of State Grant for Republic Park Preliminary Design Project ( Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated September 25, 2012, be received and filed; That the Common Council hereby approves the use of New York State Department of State (NYS DOS) grant funding in the amount of Forty -Four Thousand Four Hundred Forty Dollars ($44,440.00) for the Republic Park Preliminary Design Project; and That the Mayor is hereby authorized to execute a contract with NYS DOS to assume the existing grant in the amount of Forty -Four Thousand Four Hundred Forty Dollars ($44,440.00), and the Mayor hereby is authorized to execute a contract with the Buffalo Urban Development Corporation (BUDC) for the purpose of managing and implementing the Republic Park Preliminary Design Project; and that pertinent City of Buffalo personnel are authorized to take all other steps and enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate said agreements with the NYS DOS and BUDC and to implement the Republic Park Preliminary Design Project. Approved. 00ocumenis and SettingAdehuerlacal SettingskTemporary Intemet Res10LKIMRepublic Park.docx 0 l * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SlMTH * Maj -5 2/3- 6 314- 7 '� City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR S I R: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 PASSED October 2 2012 Strat Plan- DePaul Properties, Inc Riverside Housing Development Gerald A Chwalinski City Clerk 00 .6 WV L 1 1001102 M13 U3 Q - 1I J 00003 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [:DePaul Properties, Inc. [:Riverside Housing Development PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) The subject PILOT matter was previously considered by the Common Council on May 15, 2012 as item number 7. The PILOT is being resubmitted because the initial filing inadvertently omitted the required PILOT payment schedule and due to the recent submission by the Developer /Owner of revised financial information that changes. the PILOT Payment schedule. The net change is a reduction of approximately $527.76 to the City on an annual basis. In addition, the total number of units to be constructed has increased from 60 to 68. All other substantive terms and conditions of the PILOT as previously submitted remain unchanged. Your Honorable Body is hereby requested to approve the attached revised updated PILOT agreement between the City of Buffalo, the County of Erie, DePaul Properties, Inc. and Riverside SN Housing Development Fund Company, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60 located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 68 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue Code and other applicable licensing authorities. The total project is estimated to cost $21,000.000.00. The property is currently owned by the City of Buffalo. On December 28, 2010, the Common Council approved the sale of the Property to DePaul Properties, Inc. for $180,000 subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePaul's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (1000) of the units are intended to be affordable for low and very low income residents, with incomes at or below 50% area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15- year Pilot. This proposed development will enhance existing efforts to revitalize the neighborhood as well as provide much needed affordable low income housing for Military Vets in the area. TYPE DEPARTMENT HEAD NAME: Brendan R. Mehaffy, Esq. TYPE TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD: AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2012, by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at 65 Niagara Square, 920 City Hall, Buffalo, New York 14202 (the "City "), the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County "), and DePaul Properties, Inc., a New York Corporation with offices at 1931 Buffalo Road, Rochester, New York 14624 and Riverside SN Housing Development Fund Company, Inc. a New York Corporation with offices at 1931 Buffalo Road, Rochester, New York 14624. WITNESSETH: WHEREAS, DePaul Properties, Inca is proposing a project (the "Project ") that will consist of the rehabilitation of the former School 60 property located at 238 Ontario Street and turn the now vacant school into 68 units of affordable rental housing located at 238 Ontario Street, Buffalo, New York, County of Erie and State of New York, said property being further described in Exhibit A , attached hereto and made a part hereof (the "Land "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low income households, and affordability of the property for residential use by low income persons shall remain consistent throughout the duration of the PILOT Agreement. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the New York Private Housing Finance Law. 2. Oblization of the Taxpayer to Make Payments in Lieu of Taxes The City and County require, and the Taxpayer shall make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and County, subject to the terms of this PILOT Agreement. Page No. 1 DePaul Properties, Inc., / PILOT 3. Rec uirements of Taxpayer a. The development of the Project shall be carried out in accord with the provisions of Article 11 of the New York Private Housing Finance Law and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately proceeding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. C. Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxine Authorities and Amounts a. Upon commencement of the City's next taxable status date following completion of construction and the issuance of certificates of occupancy on the entire Project described herein (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Schedule A , attached hereto and made a part hereof, in satisfaction of all real property taxes; ii) Twenty -five percent (25 %) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; Page No. 2 DePaul Properties, Inc., l PILOT 1% iii) the remaining portion of the PILOT payment shall be allocated and /or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; . iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in Payment in Lieu of Taxes In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local improvements permitted by law. 7. Events of Default and Termination of Tax Exemption a. An event of default ( "Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to.the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the New York Private Housing Finance Law, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3(d) 'of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. Page No. 3 DePaul Properties, Inc., / PILOT 1 1 -9 C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for areal property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement not any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 DePaul Properties, Inc., / PILOT IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE Mark C. Poloncarz County Executive Approved as to content for Erie County: Maria R. Whyte Commissioner, Department of Environment and Planning Approved as to form for Erie County: CITY OF BUFFALO Byron W. Brown Mayor Approved as to content for the City of Buffalo: Martin Kennedy Commissioner, Assessment and Taxation Approved as to form for the City of Buffalo: Kristen Walder Timothy Ball, Esq. County Attorney Corporation Counsel Document No.: Dated: DePaul Properties, Inc., By: Title: Riverside SN Housing Development Fund Company, Inc. By: Title: Page No. 5 DePaul Properties, Inc., / PILOT i 9 School #60 Exhibit A All That Tract or Parcel of land, situate in the City of Buffalo, County of Erie and State of New York, being part of lot No. 37, of the New York State Reservation and being more particularly bounded and described as follows: Commencing at a point in the southerly line of Troy Place (36 feet wide) distant One hundred Forty (140) feet from its intersection with the northerly line of Ontario Street (66feet wide); Running thence southwesterly and parallel with Ontario Street Seventy -Seven and Forty -Nine hundredths (77.49) feet to a point; Running thence northwesterly at right angles Ninety -Three and Forty hundredths (93.40) feet to a point; Running thence southwesterly at an exterior angle of One hundred Twenty -Four Degrees and Forty -Eight Minutes (12448 ") a distance of Thirty- Eight and Forty -Nine Hundredths (38.49) feet to a point; Running thence northwesterly at right angles Eighty -Three and Seventy -Five hundredths (83.75) feet to a point in the southeasterly line of Subdivision lot No. 31; Running thence northeasterly at an interior angle of One hundred Twenty -Four Degrees and Forty -Eight Minutes (12 ") a distance of Fifty -Eight and Ninety -Three hundredths (58.93) feet to the southwesterly terminus of Troy Place; Running thence southeasterly along the southerly line of Troy Place One hundred Eighty -Three (183) feet to the point of beginning. ()1L i0 School #f0 All That Tract or Parcel of Land, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 37, of the New York State Reservation and being more particularly bounded and described as follows: Commencing at a point of intersection of the southerly line of Saratoga Avenue (56 feet wide) with the northerly line of Ontario Street (66 feet wide); Running thence northwesterly along the southerly line of Saratoga Avenue Three hundred Seventy One (371) feet to the southeasterly corner of Subdivision Lot No. 43; Running thence southwesterly along the southerly line of Subdivision Lot No. 43, One hundred Forty (140) feet to a point in the northerly line of Subdivision Lot No. 31; Running thence southeasterly and parallel with Saratoga Avenue Three hundred Seventy One (371) feet to the northerly line of Ontario Street; Running thence northeasterly along said northerly line One hundred Forty (140) feet to the point of beginning. 1 i j I i �..« ..., 4,t QePaW Properties Inc. Schedule A Yew TOM CRY 1 18.&58.40 14.21 ?.30 4 2 19 44843.82 081.27 3 20 110.84 16 063.13 5027.71 4 20. 714-17 16 535,63 S 178.54 5 2'1,336.64 18.001.70 5,333,90 8 21,976.66 1B 481.75 5493.92 7 22 634.93 18 976.24 5656.73 8 23: 13.96 17 L4.0. 5 82B.5t1 9 24 r. 01 3. 78 010,E 1.003.36 10 24,733.80 16,56.35 6,163.45 11 25 19,106.88 6386.E 12 28 40;09 19 980.07 6,5W.02 13 27 027.29 20 .47 6,756.82 14 27,838,11 20,878.56 6,9 59.33 1S 26,673,28 21,504 .94 7,166.31 11 V DePaul Properties, Inc. — Riverside Housing Development PILOT Mr. Smith moved: That the above the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated September 27, 2012, be received and filed; That That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie and DePaul Properties, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60, located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 68 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue Code and other applicable licensing authorities. The total project is estimated to cost $21,000,000.00. The property is currently owned by the City of Buffalo. On December 28, 2010, the Common Council approved the sale of the property to DePaul Properties, Inc. for $180,000.00 subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePau1's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (100 %) of the units are intended to be affordable for low and very low income residents, with income at or below 50% area median income. The breakdown of the unit affordability is 11 units affordable at 30% of the area median income, 10 units at 40% of the area median income and 39 units at 50% of the area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3%) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. . Passed. C Documents and Settin Uehner\Local Settin s1Tem ora Internet Piles10LK1D1DePau1 Properties PILOT.doox 2 Sg S P rY P *AYE *NO* * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL SCANLON * SNIITH * Maj - 5 213- 6 �* 3/4- 7 '� City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO ■ Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED October 2 2012 Strat Plan -Grant Application to the Office Parks Rec and Historic Pres Gerald A Chwalinski City Clerk 00 :6 HIV L 1 130 ZIOI ❑ �`l I _a 0000A COMMUNICATION TO THE COMMON COUNCIL To: Common Council From: Office of Strategic Planning Date: September 27, 2012 Re: Grant Application to the Office of Parks, Recreation and Historic Preservation Prior Council Reference: none The purpose of this communication is to request authorization to submit a grant application to the New York State Office of Parks, Recreation and Historic Preservation. The grant application is a request of $67,000 to support the Reusing Buffalo's Building Stock, Economic Development through Historic Preservation Study. The proposed study is intended to further the economic development and reuse of the existing building stock of the City of Buffalo and provide a greater understanding of the specific resources, opportunities, and liabilities in downtown Buffalo and along the Historic Belt Line rail corridor. The City intends to engage consultants to survey the building stock in these areas to determine if any would qualify as historic in order to assessing the probability of access Historic Tax Credits to facilitate building reuse. This information will be used to create a database of building information and potential incentives to market the properties to investors. This project is in support of and will further the implementation of the Buffalo Building Reuse Project. Matching funds for the grant will be provided through staff support from the Mayors' Office of Strategic Planning, the Buffalo Urban Development Corporation and the Buffalo Niagara Partnership. The revitalization of the City of Buffalo's historic building stock will provide opportunities for new employment, additions to the tax base, and the creation of a vibrant downtown district and revitalized neighborhoods. I respectively request that your Honorable Body authorize the submission of the grant application of the State Office of Parks, Recreation and Historic Preservation; and that your Honorable Body further authorize actions taken to date in support of this application; and that your Honorable Body further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to execute said contracts, if awarded, and to facilitate and implement the on -going objectives of this project. SIGNATURE DEPARTMENT HEAD NAME: Brendan R. Mehafl=y, Esq. TITLE: + Executive , ,Pixector, Office of Strategic Planning P f �L. Grant Application to the Office of Parks, Recreation and Historic Preservation ( Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning dated September 27, 2012, be received and filed; That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to submit a grant application to the State Office of Parks, Recreation and Historic Preservation to request Sixty -Seven Thousand Dollars ($67,000.00) to support the Reusing Buffalo's Building Stock, Economic Development through Historic Preservation Study; and that appropriate city personnel are authorized to take such actions and enter into such agreements and arrangements as are necessary to execute said contracts, if awarded, and to facilitate and implement the on -going objectives of this project. Passed. C:\Docurnents and SettingsklehnerlLocal Settings\Tecnporary Internet FileA0LKIDIG=t Application to the Office of Farks.d= A I SCANLON SAUTH Maj -5 213- G * *� 314- 7 '� FONTANA FRANCZYK * * >* GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SAUTH Maj -5 213- G * *� 314- 7 '� City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED October 2 2012 Strat Plan- Report of Sale 1086 Broadway (Former Fronczak Library (Fill) Gerald A Chwalinski City Clerk 00 =6 WV L 1 130 Z10Z M13 ;,143 0000 # 2 (Rev. 1193). MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 11, 2012 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale - Former Fronczak Library 1086 Broadway Lot Size: 84 x 17 w/ 30 x 28 Pc in NW corner Assessed Value: Land $13,400 Improvements: $186,600 Total $200,000 Fillmore District NO PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Atiqur Rahman, Madina Accounting Services, 178 Stanislaus St., Buffalo NY 14212 to acquire 1086 Broadway (former Fronczak Library). He intends to rehabilitate the building to house his accounting firm and other professional offices. The rehabilitation proposal totals $115,000. No public dollars are involved in the proposal. The former library is a one story brick structure constructed in 1965. The building consists of approximately 7,379 sq. ft., located on the corner of Broadway and Loepere St. and is zoned C2. The basement is unfinished. The library was abandoned by Erie . County for use of a Library in December of 2005. The request was forwarded to the Office of Strategic Planning Land Use Planning Committee, the Division of Permit and Inspection Services and the Division of Collections. There were no objections to the sale of the property and there are no taxes or other liens owed to the City of Buffalo by the purchaser. This action is a SEQRA Type II action pursuant to City Code Chapter 168 -5(B) (8); therefore, no further review is required. In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, Mr. Rahman commissioned the GAR Associates, 2399 Sweet Home road, Amherst, NY 14228 to estimate the value of the property. Michael J. Putnam, Appraiser, and Ronald J. Rubino, MAI, Vice President 1 Appraiser, estimated the Fair Market Value of 1086 Broadway to be Seventy -Five Thousand Dollars ($75,000.00). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. a�° 1� Abandonment &SalelReport of Sale 1086 Broadway September 11, 2012 Mr. Rahman has agreed and is prepared to pay Seventy -Five Thousand Dollars ($75,000) for said property. The subject property shall be sold on condition that Mr. Rahman agrees to accept the property in "as is" condition; pay for the title search and title report, survey, transfer tax and recording fees; and provide the City of Buffalo with full release and indemnify the City as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. I am recommending that Your Honorable Body approve the sale of the abandoned library located at 1086 Broadway to Mr. Atiqur Rahman, Madina Accounting Services or an entity to be formed in the amount of Seventy -Five Thousand Dollars ($75,000). 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: Christie R. Nelson Director of Real Estate Office of Strategic Planning SIGNATURE OF DEPART E EA CRN:jjl �a Report of Sale — Former Fronczak Library, 1086 Broadway (Fill) (Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated September 11, 2012, be received and filed; That the offer from Mr. Atiqur Rahman, on behalf of Madina Accounting Services, 178 Stanislaus Street, Buffalo, New York, in the amount of Seventy -five Thousand Dollars ($75,000.00) for the purchase of 1086 Broadway, 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. Approved. ,Ri CMocumenis and Set ingsklehnerNLocaI Settings\Temporary Internet Files\OLK1D\Report of Sale I066 Broadway,docx V RUSSELL SCANLON * SMITH * * * Mai -5 2I3- 6 3/4- 7 '� * AYE * NO * FONTANA * FRANCZYK * * >* * GOLOMBEK * LOCURTO PRIDGEN * IIWERA * RUSSELL SCANLON * SMITH * * * Mai -5 2I3- 6 3/4- 7 '� City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. G Strat Plan -Report of Sale 437 Rhode Island (Nia) PASSED October 2 2012 Gerald A Chwalinski City Clerk to :01 Wj L 1130 I'll X8 nil- p Tl I ._. 0000(1 #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 11, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT Report of Sale 437 Rhode Island, 96.65' NE Utica Lot Size: 41'x 37' Assessed Valuation: $3,200. (Niagara District). The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Lauren M. Kostek, 314 Hudson Street, Buffalo, New York 14201 to purchase 437 Rhode Island Street. Ms. Kostek recently purchased a two family dwelling at 435 Rhode Island, which is adjacent to 437 Rhode Island. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showed similar sales in the area range from One Dollar ($1.00) to One Dollar and Thirty Five Cents ($1.35) per square foot. Ms. Powell has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.), One Dollar ($1.00) 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 437 Rhode Island Street to Ms. Laure M. Kostek 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: TITLE: SIGNATURE OF DEPARTMENT HEAD: CN:ck Repss le437rh odei sl andls alespri CHRISTIE NELSON DIRECTOR 9F--REAL ESTATE OFFICE J2 PLANNING rks 3` Report of Sale — 437 Rhode Island (Nia) (Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated September 11, 2012, be received and filed; That the offer from Ms. Lauren M. Kostek, 314 Hudson Street, Buffalo, New York, in the amount of One Thousand Six Dollars ($1,600.00) for the purchase of 1086 Broadway, 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. Approved. CADocuments and SettingsklehaeALocal Settings\Temporary Internet FileAOLMD1Aeport of Sale 437 Rhode Island.docx �9 * AYE * NO SCANLON * SNIITH * * Maj - 5 213- 6 3/4- 7 * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SNIITH * * Maj - 5 213- 6 3/4- 7 FROM THE COMPTROLLER October 2, 2012 0000") CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF $11,230,000 SCHOOL REFUNDING BONDS -2012D AND $20,515,000 SCHOOL REFUNDING BONDS- 2012E, AGGREGATING $31,745,000, OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THEIR PRIVATE SALE. 1, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Eric, HEREBY CERTIFY that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, and pursuant to the Refunding Bond Resolution duly adopted and as set forth in Section 1 hereof and subject to the limitations prescribed in said resolutions, I have made the following determinations: 1. (a) Authorization, Principal Amount, Maturity Schedule and Desi nom (a) The $11,409,000 outstanding principal amount of Refunding School Serial Bonds- 2002 -G issued on November 26, 2002 and maturing in each of the years 2012 -2023, inclusive .(said outstanding bonds referred to hereinafter as the "Prior 2002 -G Bonds ") issued pursuant to a refunding bond resolution adopted by the Common Council of the City on June 25, 2002, to refinance certain outstanding bonds of the City, shall be refunded by the issuance of $11,230,000 School Refunding Bonds -2012D (the "20t2D Bonds "), authorized pursuant to the Refunding Bond Resolution duly adopted by the Common Council of said City on July 24, 2012, (the "Resolution "), entitled: "Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding school bonds of said City, stating the plan of refunding, appropriating an amount not to exceed $35,000,000 therefor, authorizing the issuance of $35,000,000 Refunding Bonds of said City, 251792 1010442M or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto." (b) The $736,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -D issued on November 26, 2002 and maturing in each of the years 2013 and 2014 (the "Prior 2002 -D Bonds "); $3,368,000 outstanding principal amount of Refunding School Serial Bonds- 2002 -E issued on November 26, 2002 and maturing in each of the years 2013 to 2023, inclusive (the "Prior 2002 -E Bonds "); and the $17,512,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -F issued on November 26, 2002 and maturing in each of the years 2013 to 2024, inclusive (the "Prior 2002 -F Bonds ", and together with the Prior 2002 -G Bonds, Prior 2002 -D Bonds, and Prior 2002 -E Bonds, the "Prior Bonds ") issued pursuant to the refunding bond resolution adopted by the Common Council of the City on June 25, 2002 to refinance certain outstanding bonds of the City, shall be refunded by the issuance of $20,515,000 School Refunding Bands -2012E (the "2012E Bonds ", together with the 2012D Bonds, being hereinafter referred to as the "Refunding Bonds" or the "Bonds ") authorized pursuant to the refunding bond resolution referred to in the preceding paragraph. (c) The 2012D Bonds shall mature on December 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: 2 261792 1010442M !� F Interest Maturity Amount Rate 2012 $ 905,000 1.00 ° /0 2013 835000 1.00 2014 850,000 3.00 2015 875,000 2.00 2016 890,000 2.00 2017 91500 3.00 2018 935,000 2.00 2019 955,000 2.00 2020 730,000 3.00 2020 250,000 2.75 2021 1,005,000 2.00 2022 1,025,000 2.25 2023 1,060,000 4.00 {d} The 2012E Bonds shall mature on February 1 in the aggregate principal amounts and bear interest in each of the years at set forth below; Interest Maturity Amount Rate 2013 $1,640,000 1.00% 2014 1,810,000 3.00 2015 1,480,000 3.00 2016 1,520,000 3.00 2017 1,570,000 4,00 2018 1,630,000 4.00 2019 1,020,000 5.00 2019 675 ,000 3.00 2020 1,770,000 5.00 2021 1,855,000 3.00 2022 1,910,000 3.00 2023 1,745,000 2.375 2023 225,000 4.00 2024 1,515,000 2.50 2024 150,000 4.00 2. Present Value Savings The present value savings to be realized through the refunding of the Prior Bonds is set forth in the final refunding financial plan attached hereto as Appendix A. 91 261792 1010442M a 3 Issue Date The Bonds shall be dated September 25, 2012. The date of each Bond shall appear on the face thereof following the caption "Date of Original Issue ", and each Bond shall bear interest from such date. 4 Interest Rate, and Dates and Medium of Payment The 2012D Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable December 1, 2012 and semi - annually thereafter on June I and December 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The 2012E Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable February 1, 2013, August 1, 2013 and semi - annually thereafter on February 1 and August 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest thereon shall be paid by wire transfer or in clearinghouse funds on each interest payment date, payable to the person in whose name the Bond is registered at his address shown upon the books of the City kept for that purpose at the offices of Manufacturers and Traders Trust Company, Buffalo, New York as fiscal agent (the "Fiscal Agent "), as of the close of business on the fifteenth day of the month preceding each interest payment date. 5, Bonds Subject to Optional Redemption. The 2012D Bonds .maturing on or before December 1, 2022 are not subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2023 will be subject to redemption prior to maturity at the option of the City on December 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. The 2012E Bonds maturing on or before February 1, 2022 are not 2 261792 1010442M I subject to redemption prior to maturity. The Bonds maturing on or after February 1, 2023 will be subject to redemption prior to maturity at the option of the City on February 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. The City may select the maturities of the Bonds to be redeemed prior to maturity and the amount to be redeemed of each maturity selected, as the City shall determine to be in the best interest of the City at the time of such redemption. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the City maintained by the Fiscal Agent at least 30 days prior to the date set for any such redemption, If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. 6. Bond Insurance Payment of principal of and interest on the 2012D Bonds maturing in each of the years 2018 through 2023, inclusive, and on the 2012E Bonds maturing in each of the years 2018 through 2024, inclusive (the "Insured Bonds ") when due will be guaranteed under a Municipal Bond Insurance Policy to be issued concurrently with the delivery of the Insured Bonds by Assured Guaranty Municipal Corp. ( "AGM "). The amount payable to 5 251792 1010442W AGM, as premium for the policy on the Bonds will be paid to AGM from the proceeds of the Bonds at the closing on September 25, 2012. 7. Denominations, Numbers and Letters The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof. The 2012D Bonds shall be lettered DR, and shall be numbered separately from one (1) consecutively upward in the order of their issuance. The 2012E Bonds shall be lettered ER, and shall be numbered separately from one (1) consecutively upward in order of their issuance. All of the Bonds shall be transferable and exchangeable as provided herein. 8. Book Entry System The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond certificate will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Beneficial owners of the Bonds will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the City or its agent by wire 0 261792 MCA42M transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated August 15, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. 9. Discontinuance of Book Entry System In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners name. After such registration the beneficial owners shall become the registered owners of the Bonds, In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 10. Fiscal _Agent Manufacturers and Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York. 7 261792 1010442W 11. Execution of Bonds The Bonds shall be executed in the name of the City by the manual signature of the City Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 12. Transfer of Bonds Each Bond shall be transferable, only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee or the registered owner a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 13. Regulations With Respect to the Exchanges and Transfers In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof, All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the Fiscal Agent may make a charge sufficient to reimburse the City for any tax, fee or other governmental charge required to be paid with respect to such 8 2617921010442M exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. 14. Sale of Bonds The Bonds are hereby sold at private sale to Morgan Keegan & Company, Inc., New York, New York, as Representative in the Bond Purchase Agreement dated September 6, 2012 between said Representative and the City, for the purchase price of $33,394,335.10 to the date of delivery of and payment for the Bonds (September 25, 2012). The aggregate initial offering price for the Bonds will be $33,545,987.60 plus said accrued interest. Pursuant to Section 90.10 of the Local Finance Law, constituting Chapter 33 -A of the Consolidated Laws for the State of New York, as amended, the terms and conditions of such sale are subject to the approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effected on or about September 25, 2012, upon (i) receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. 15. Form of Bonds Said Bonds shall be in substantially the form set forth in Appendix B hereto. 0 261792 1010442W I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of this 6th day of Septmber, 2012. ' Comptroller RECEI'V'ED AND FILED 10 PIAMAPIEFIMMI Refunding Financial Plan as prepared by Morgan Keegan & Company, Inc. September 6, 2012 261792 1010442M Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo- school districts:12_REF) TABLE OF CONTENTS City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Report Page School Refunding Bonds, issue of 2012 Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . 2 Bond Summary Statistics . . . . . . . . . . . . . . 3 BondPricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 8 Proof of Arbitrage Yield . . . . . . . . . . . . . . . . . 11 Escrow Requirements . . . . . . . . . . . . . . . . . . 13 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Refunding Bonds, Series D Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . , . . . . . 18 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Prior Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , 24 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Refunding Bonds, Series E Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Summary of Bands Refunded . . : . . . . . . . . . . . . . . . . . . . . . . . 28 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Prior Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Bond Summary Statistics . . , . . . . . 32 Bond Pricing . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 33 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan {Finance 6.022 buffalo - school districts -12 RFFI Paee 1 V SOURCES AND USES OF FUNDS City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers' Dated Date 09/25/2012 Delivery Date 09/25/2012 Refunding Refunding Bonds, Series Bonds, Series Sources: D E Total Bond Proceeds, Par Amount 11,230,000.00 20,515,000.00 31,745,000.00 Net Premium 355,151.35 1,445,836.25 1,800,987.60 11,585,151.35 21,960,836.25 33,545,987,60 Refunding Refunding Bands, Series Bonds, Series Uses: D E Total Refunding Escrow Deposits: Cash Deposit 11,459,587.56 21,712,069.73 33,171,657.29 Delivery Date Expenses: Cost of Issuance 46,775.00 88,225,00 135,000.00 Underwriter's Discount 51,195.19 100,457.31 151,652.50 Bond Insurance 25,696.71 55,885.34 81,582.05 123,666.90 244,567.65 368,234.55 Other Uses of Funds: Additional Proceeds 1,896.89 4,198.87 6,095.76 11,585,151.35 21,960,836.25 33,545,987.60 Sep 6, 2012 1:01 pm Prepared by Raymond James J Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 2 SUMMARY OF REFUNDING RESULTS City of Buffalo, New York School Refunding Bonds, Issue of 2012 'Final Pricing Numbers' Dated Date 09/25/2012 Delivery Date 09/25/2012 Arbitrage yield 2.057580% Escrow yield Bond Aar Amount 31,745,000.00 True Interest Cost 2.155250% Net Interest Cost 2.186344% Average Coupon 3.054465% Average Life 5.985 Par amount of refunded bonds 33,025,000.00 Average coupon of refunded bonds 5.240033% Average life of refunded bonds 6129 PV of prior debt to 09/25/2012 @ 2.057580% 39,396,288.41 Net PV Savings 5,913,272.62 Percentage savings of refunded bonds 17.905443% Percentage savings of refunding bonds 18.627414% Sep 6, 2012 1:01 pm Prepared by Raymond lames I Morgan Keegan BOND SUMMARY STATISTICS City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Total Underwriter's Discount Dated Date 09/25/2012 Delivery Date 09/25/2012 Last Maturity 02/01/2024 Arbitrage Yield 2.057580% True Interest Cost (TIC) 2.155250% Net Interest Cost (NIC) 2,186344% All -In TIC 2.230732% _ Average Coupon 3.054465% Average Life (years) 5,985 Duration of Issue (years) 5.457 Par Amount 31,745,000.00 Bond Proceeds 33,545,987.60 Total Interest 5,803,150.20 Net Interest 4,153,815.10 Total Debt Service 37,548,150.20 _ Maximum Annual Debt Service 3,528,881.26 Average Annual Debt Service 3,308,207.07 Underwriter's Fees (per $1000) 2.750% Average Takedown 3.832178 (Finance 6.022 buffalo - school districts: I2_REF) Page 3 Al Other Fee 0.945031 Total Underwriter's Discount 4.777209 Bid Price 105,195574 Par Average Average PV o €1 by Bond Component Value Price Coupon Life change Refunding Bonds, Series E 8,020,000.00 105.317 3,308% 2.296 1,926.40 Refunding Bonds, Series D 5,270,000.00 103.525 2.382% 2.706 1,435.05 Insured Refunding Bonds, Series E 1,050,000.00 108.849 3.485% 7.921 748.50 Insured Refunding Bonds, Series D 250,000.00 104.555 2.750% 8.183 192.50 Insured Refunding Bonds, Series E 11,445,000.00 108.095 3,287% 8.459 9,02930 Insured Refunding Bonds, Series D 5,710,000.00 102.767 2.644% 8.781 4,497.50 31,745,000,00 5.985 17,831.25 All -In Arbitrage TIC TIC Yield Par Value 31,745,000.00 31,745,000.00 31,745,000.00 • Accrued Interest +Premium (Discount) 1,800,987.60 1,800,987.60 1,800,987.60 - Underwriter's Discount - 151,652.50 - 151,652.50 -Cost of Issuance Expense - 135,000.00 - Other Amounts - 81,582.05 - 81,932.05 - 81,582.05 Target Value 33,312,753.05 33,177,403.05 33,464,405.55 Target Date 09/25/2012 09/25/2012 09/25/2012 Yield 2.155250% 2.230732% 2.057580% Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan 3.750 5,090.15 5.000 (Finance 6.022 buffalo - school districts:12_REF) Page 4 935,000 2.000% 1.610% 12/01/2019 955,000 2.000% 1.920% 12/01/2020 730,000 BOND PRICING 2.140% 12/01/2021 1,005,000 2.000% 2.340% 12/01/2022 City of Buffalo, New York 2.250% 2.470% 12/01/2023 1,060,000 4.000% School Refunding Bonds, Issue of 2012 5,710,000 Insured Refunding Bonds, Series D: *Final Pricing Numbers* 12/01/2020 250,000 Maturity 2.140% Refunding Bonds, Series E: Yield to Call Call Premium 02/01/2013 Bond Component Date Amount Rate Yield Price Maturity Date Price (- Discount) Takedown Refunding Bonds, Series D: 1,480,000 3.000% 0.790% 02/0112016 1,520,000 3.000% 12/01/2012 905,000 1.000% 0.300% 100.128 1,158.40 0.500 12/01/2013 835,000 1.000°0 0.550% 100.529 4,417.15 0.500 12/01/2014 850,000 3.000% 0.780% 104.796 40,766.00 2.500 12/01/2015 875,000 2.000% 0.910% 103.411 29,846.25 2.500 12/01/2016 890,000 2.000% 1.070% 103.794 33,766.60 3.750 12/01/2017 915 000 3.000 1.340% 108.284 75 798 60 3.75n 5,270,000 Insured Refunding Bonds, Series D: 3.750 5,090.15 5.000 12/01/2018 935,000 2.000% 1.610% 12/01/2019 955,000 2.000% 1.920% 12/01/2020 730,000 3.000% 2.140% 12/01/2021 1,005,000 2.000% 2.340% 12/01/2022 1,025,000 2.250% 2.470% 12/01/2023 1,060,000 4.000% 2.590% 5,710,000 Insured Refunding Bonds, Series D: 12/01/2020 250,000 2.750% 2.140% Refunding Bonds, Series E: 02/01/2013 1,640,000 1.000% 0.400% 02/01/2014 1,810,000 3.000% 0.660% 02/01/2015 1,480,000 3.000% 0.790% 02/0112016 1,520,000 3.000% 0.940% 02/01/2017 1,570,000 4.000% 1.180% 8,020,000 Insured Refunding Bonds, Series E: 02/01/2018 1,630,000 4.000% 1.480% 02/01/2019 1,020,000 5.000% 1.790% 02/01/2020 1,770,000 5.000% 2.020% 02/01/2021 1,855,000 3.000% 2.220% 02/01/2022 1,910,000 3.000% 2.380% 02/01/2023 1,745,000 2.375% 2.520% 102.285 100.533 106.422 97.203 98.028 112.547 C 2.693% 12/01/2022 104.555 100.209 103.139 705.134 106.777 111.922 112.914 119.184 120.257 105.913 105.168 98.684 185,753.00 21,364.75 3.750 5,090.15 5.000 46,880.60 5.00C - 28,109.85 5.000 - 20,213.00 5.000 100.000 132,998.20 5.000 158,010.85 3.750 11,387.50 5.000 3,427.60 0.500 56,815.90 2.500 75,983.20 2.500 103,010.40 3.750 187,175.40 3.750 426,412.50 210,498.20 3.750 195,676.80 5.000 358,548.90 5.000 109,686.15 5.000 98,708.80 5.000 - 22,964.20 5.000 �9 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo- school districts:12_REF) Page 5 BOND PRICING City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Maturity Yield to Call Call Premium .Bond Component Date Amount Rate Yield Price Maturity Date Price (- Discount) Takedown Insured Refunding Bonds, Series E: 02101/2024 1,515,000 2.500% 2.660% 98.439 - 23,649.15 5.000 11,445,000 926,505.50 Insured Refunding Bonds, Series E: 02/01/2019 675,000 3.000% 1.790% 107.230 48,802.50 5.000 02/01/2023 225,000 4.00D% 2.520% 112.257 C 2.639% 02/01/2022 100.000 27,578.25 5.000 02/01/2024 150,000 4.000% 2.660% 111.025 C 2.856% 02/01/2022 100.000 16,537.50 5.000 1,050,000 92,918.25 31,745,006 1,800,987.60 Dated Date 09/25/2012 Delivery Date 09125/2012 Par Amount 31,745,000.00 Premium 1,800,987.60 Production 33,545,987.60 105.673295% Underwriter's Discount - 151,652.50 -0.477721% Purchase Price 33,394,335.10 105.195574% Accrued Interest Net Proceeds 33,394,335.10 ��a Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo - school districts:12_REFI Page 6 BOND DEBT SERVICE City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers` Period Annual Ending Principal Coupon Interest Debt Service Debt Service 12/01/2012 905,000 1.000% 47,261.04 952,261.04 02/01/2013 1,640,000 1.000% 229,501.56 1,869,501.56 06/01/2013 124,368,75 124,368.75 06130/2013 2,946,131.35 08101/2013 319,659.38 319,659.38 12/01/2013 835,000 1.000% 124,368.75 959,368.75 02/01/2014 1,810,000 3.000% 319,659.38 2,129,659.38 06/01/2014 120,193.75 120,193.75 06/30/2014 3,528,881.26 08/01/2014 292,509.38 292,509.38 12/01/2014 850,000 3.000% 120,193.75 970,193.75 02/01/2015 1,480,000 3.000% 292,509.38 1,772,509.38 06/01/2015 107,443.75 107,443.75 06/30/2015 3,142,656.26 08/01/2015 270,309,38 270,309.38 12/01/2015 875,000 2.000% 107,443.75 982,44175 02/01/2016 1,520,000 3.000% 270,309.38 1,790,309.38 06/01/2016 98,693,75 98,693.75 06/30/2016 3,141,756.26 08/01/2016 247,509.38 247,509.38 12/01/2016 890,000 2.000% 98,693.75 988,693.75 02/01/2017 1,570,000 4.000% 247,509.38 1,817,509.38 06/01/2017 89,793.75 89,793.75 06/30/2017 3,143,506.26 08/01/2017 216,109.38 216,109.38 12/01/2017 915,000 3.000% 89,793.75 1,004,793.75 02/01/2018 1,630,000 4.000% 216,109.38 1,846,109.38 06/01/2018 76,068.75 76,068.75 06/30/2018 3,143,081.26 08/01/2018 183,50938 183,509.38 12/01/2018 935,000 2.000% 76,068.75 1,011,068.75 02/01/2019 1,695,000 ** % 183,509.38 1,878,509.38 06/01/2019 66,718.75 66,718.75 06/30/2019 3,139,806,26 08/01/2019 147,884.38 147,884.38 12101/2019 955,000 21000% 66,718.75 1,021,718.75 02/01/2020 1,770,000 5.000% 147,884.38 1,917,884.38 06101/2020 57,168.75 57,168.75 06/30/2020 3,144,656.26 08/01/2020 103,634.38 103,634.38 12/01/2020 980,000 ** % 57,168.75 1,037,168.75 02/01/2021 1,855,000 3.000% 103,634.38 1,958,634.38 06/01/2021 42,781.25 42,781.25 06/30/2021 3,142,218.76 08/01/2021 75,809.38 75,809.38 12101/2021 1,005,000 2.000% 42,781.25 1,047,781.25 02/01/2022 1,910,000 3.000% 75,809.38 1,985,809.38 06101/2022 32,731.25 32,731.25 06130/2022 3,142,131.26 08/01/2022 47,159.38 47,159.38 12/01/2022 1,025,000 2.250% 32,731,25 1,057,731.25 02/01/2023 1,970,000 ** % 47,159.38 2,017,159.38 06/01/2023 21,200.00 21,200.00 06/30/2023 3,143, 250,01 Sep 6, 2012 1:01 pm Prepared by Raymond lames f Morgan Keegan (Finance 6.022 buffalo -school districts:l2_REF) Page 7 BOND DEBT SERVICE City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Period Annual Ending Principal Coupon Interest Debt Service Debt Service 08/01/2023 21,937.50 21,937.50 12/01/2023 1,060,000 4.000% 21,200.00 1,081,200.00 02/01/2024 1,665,000 ** % 21,937.50 1,686,937.50 06/30/2024 2,790,075.00 31,745,000 5,803,150.20 37,548,150.20 37,548,150.20 Sep fi, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan [Finance 6.022 buffalo - school districtslZ_REF) Page 8 �� SAVINGS City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Present Value Prior Refunding Annual to 09125/2012 Date Debt Service Debt Service Savings Savings @ 2.0575801% 12/01/2012 996,782.50 952,261.04 44,521.46 44,354.69 02/01/2013 2,238,061.25 1,869,501.56 368,559.69 365,928.49 06/01/2013 283,697.50 124,368.75 159,328.75 157,115.53 06/30/2013 572,409.90 08/01/2013 529,328.75 319,659,38 209,669.37 206,052.66 12/01/2013 1,017,697.50 959,368.75 58,328.75 56,932.79 02/01/2014 2,285,328.75 2,129,659.38 155,66937 151,426.28 06/01/2014 263,512.50 120,193.75 143,318.75 138,464.25 06/30/2014 566,986.24 08/01/2014 481,038.75 292,509.38 188,529.37 181,523.12 12/01/2014 1,038,512,50 970,193.75 68,318.75 65,332.52 02/01/2015 1,934,038.75 1,772,509.38 161,529.37 153,942.77 06/01/2015 242,200.00 107,443.75 134,756.25 127,553.76 06/30/2015 553,133.74 08/01/2015 441,081.25 270,309.38 170,771.87 161,093.85 12/01/2015 1,061,200.00 982,443.75 78,756.25 73,787.74 02/01/2016 1,972,081.25 1,790,309.38 181,771.87 169,724.35 06/01/2016 219,677.50 98,693.75 120,983.75 112,196.96 06/30/2016 552,283.74 08101/2016 398,978.75 247,509.38 151,469.37 139,990.04 12/01/2016 1,084,677.50 988,693.75 95,983.75 88,106.23 02/01/2017 2,018,978.75 1,817,509.38 201,469.37 184,304.61 06/01/2017 195,890.00 89,793.75 106,096.25 96,397.06 06/30/2017 555,018.74 08/01/2017 354,428.75 216,109.38 138,319.37 125,246.34 12/01/2017 1,108,890.00 1,004,793.75 104,096.25 93,616.78 02/01/2018 2,061,428.75 1,846,109.38 215,319.37 192,983.41 06/01/2018 171,923.75 76,068.75 95,855.00 85,327.34 06/30/2018 553,589.99 08/01/2018 309,620.00 183,509.38 126,110.62 111,877.66 12/01/2018 1,133,923.75 1,011,068.75 122,855.00 108,248.31 02/01/2019 2,107,620.01) 1,878,509.38 229,110.62 201,183,24 06/01/2019 146,671.25 66,718.75 79,952.50 69,729.28 06/30/2019 558,028.74 08/01/2019 262,422.50 147,884.38 114,538.12 99,552.34 12/01/2019 1,160,671.25 1,021,718.75 138,952.50 119,951.13 02/01/2020 2,153,422.50 1,917,884.38 235,538.12 202,636.41 06/01/2020 120,053.75 57,168.75 62,885.00 53,732.85 06/30/2020 551,913.74 08/01/2020 212,783.75 103,634.38 109,149.37 92,946.35 12/01/2020 1,189,053.75 1,037,168.75 151,885.00 128,458.42 02/01/2021 2,203,783.75 1,958,634.38 245,149.37 206,631.60 06/01/2021 91,992.50 42,781.25 49,211.25 41,197.13 06/30/2021 555,394.99 08/01/2021 160,520.00 75,809.38 84,710.62 70,673.84 12/01/2021 1,218,992.50 1,047,781.25 171,211.25 141,869.71 02/01/2022 2,253,520.00 1,985,809.38 267,710.62 221,075.83 06/01/2022 62,408.75 32,731.25 29,677.50 24,341.06 06/30/2022 553,309.99 08/01/2022 105,578.75 47,159.38 58,419.37 47,751.54 12/01/2022 1,249,408.75 1,057,731.25 191,677.50 155,610.25 02/01/2023 2,308,578.75 2,017,159.38 291,419.37 235,778.27 06/01/2023 31,250.00 21,200.00 10,050.00 8,075.85 06/30/2023 551,566.24 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 9 PV of savings from cash flow 5,907,176.87 Plus: Refunding funds on hand 6,095.76 Net PV Savings 5,913,272.63 SAVINGS City of Buffalo, New York School Refunding Bonds, Issue of 2012 'Final Pricing Numbers* Present Value Prior Refunding Annual to 09/25/2012 Date Debt Service Debt Service Savings Savings @ 2.0575801% 08/01/2023 47,750.00 21,937.50 25,812.50 20,671.42 12/01/2023 1,281,250.00 1,081,200.00 200,050.00 159,116.54 02/01/2024 1,957,750,00 1,686,937.50 270,812.50 214,666.25 06/30/2024 496,675.00 44,168,461.25 37,548,150.20 6,620,311.05 6,620,311.05 5,907,176.87 Savings Summary PV of savings from cash flow 5,907,176.87 Plus: Refunding funds on hand 6,095.76 Net PV Savings 5,913,272.63 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 10 SAVINGS Date City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Prior Refunding Debt Service Debt Service Savings Present Value to 09/25/2012 @ 2.0575801% 06/30/2013 3,518,541.25 2,946,131.35 572,409.90 567,398.71 06/30/2014 4,095,867.50 3,528,881.26 566,986.24 552,875.99 06/30/2015 3,695,790.00 3,142,656.26 553,133.74 528,352.17 06/30/2016 3,694,040.00 3,141,756.26 552,283.74 516,802.91 06/30/2017 3,698,525.00 3,143,506.26 555,01834 508,797.95 06/30/2018 3,696,671.25 3,143,081.26 553,589.99 497,173.86 06/30/2019 3,697,835.00 3,139,806.26 558,028.74 491,038.49 06/30/2020 3,696,570.00 3,144,656.26 551,913.74 475,872.73 06/30/2021 3,697,613.75 3,142,218.76 555,394.99 469,233.50 06/30/2022 3,695,441.25 3,142,131.26 553,309.99 457,960.44 06/30/2023 3,694,816.25 3,143,250.01 551,566.24 447,215.91 06/30/2024 3,286,750.00 2,790,075.00 496,675.00 394,454.21 44,168,461.25 37,548,150,20 6,620,311.05 5,907,176.87 Savings Summary PV of savings from cash flow 5,907,176.87 Plus: Refunding funds on hand 6,095.76 Net PV Savings 5,913,272.63 !� Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan {Finance 6.022 buffalo -.school districts:12_11EF) Page ll PROOF OF ARBITRAGE YIELD Date City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Debt Service Total Present Value to 09/25/2012 @ 2.0575801% 12/01/2012 952,261.04 952,261.04 948,693.94 02/01/2013 1, 869, 501.56 1, 869, 501.56 1,856,154.94 06/01/2013 124, 3 68.75 124, 368.75 122,641.15 08/01/2013 319,659.38 319,65938 314,145.39 12/01/2013 959,368.75 959,368.75 936,408.56 02/01/2014 2,129,659.38 2,129,659.38 2,071,611.14 06/01/2014 120,193,75 120,193.75 116,122.54 08/01/2014 292,509.38 292,509.38 281,638.96 12/01/2014 970,193.75 970,193.75 927,786.35 02/01/2015 1, 772, 509.38 1,772,509-38 1, 689, 259.34 06/01/2015 107, 443:75 107,443.75 101,701.07 08/01/2015 270,309.38 270,309.38 254,990.35 12/01/2015 982,443.75 982,443.75 920,464.19 02/01/2016. 1, 790, 309.38 1, 790, 309.38 1, 671,650.84 06/01/2016 98,693.75 98,693.75 91,525.84 08/01/2016 247,509.38 247,509.38 228,751.52 12/01/2016 988,693,75 988,693.75 907,550.26 02/01/2017 1, 817, 509.38 1, 817, 509.38 1, 662, 661.50 06/01/2017 89,793,75 89,793.75 81,584.91 08/01/2017 216,109.38 216,109.38 195,684.15 12/01/2017 1,004,793.75 1,004,793.75 903,640.15 02/01/2018 1,846,109.38 1,846,109.38 1,654,604.90 06/01/2018 76,068.75 76,068.75 67,714.20 08/01/2018 183,509.38 183,509.38 162,798.35 12/01/2018 1,011,068.75 1,011,068.75 890,859.01 02/0112019 1,978,509.38 1,878,509.38 1,649,528.95 06/01/2019 66,718.75 66,718.75 58,187.68 08/01/2019 147, 884.38 147,884.38 128,535.69 12/01/2019 1,021,718.75 1,021,718.75 882,001.55 02/01/2020 1,917,884.38 1,917,884.39 1,649,980,05 06/0112020 57,168.75 57,168.75 48,848.53 08/01/2020 103,634.38 103,634.38 88,250.05 12/01/2020 1,037,168.75 1,037,168.75 877,196,94 02/0112021 1,958,634.38 1,958,634.38 1, 6 5 0, 8 9 4.57 06/01/2021 42,781.25 42,781.25 35,814.26 08/01/2021 75,809.38 75,809.38 63,247.56 12/01/2021 1,047,781.25 1,047,781.25 868,216.44 02/01/2022 2,360,809.38 2,360,809.38 1,949,559.91 06/01/2022 32,731.25 32,731.25 26,845.71 08/01/2022 39,659.38 39,659.38 32,417.27 12/01/2022 2,117,731.25 2,117,731.25 1,719,245.60 02/01/2023 1,784, 659.38 1, 784, 659.38 1,443, 911.91 08/01/2023 18, 937.50 18, 937.50 15,16 5.71 02/01/2024 1, 533, 937.50 1, 533, 937.50 1, 215, 913.61 37,484,750.20 37,484,750.20 33,464,405.55 Proceeds Summary Delivery date 09/25/2012 Par Value 31,745,000.00 Premium (Discount) 1,800,987.60 Arbitrage expenses - 81,582.05 Target for yield calculation 33,464,405.55 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan M—'. C n7 _ c k—t RFFI D — h'� 6,1 PROOF OF ARBITRAGE YIELD City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Assumed Call/Computation Dates for Premium Bonds Present Value Bond Maturity Call Call to 09/25/2012 Component Date Rate Yield Date Price @ 2.0575801% SERINS1 12/01/2023 4.000% 2.590% 12/01/2022 100.000 55,319.85 SERINS2 02/01/2023 4.000% 2.520% 02/01/2022 100.000 9,427.55 SERINS2 02/01/7024 4.000% 2.660% 02/01/2022 100.000 8,133.03 Relected Call /Computation Dates for Premium Bonds Present Value Bond Maturity call Call to 09/25/2012 Increase Component Date Rate Yield Date Price @ 2.0575801% to NPV SERINS1 12/01/2023 4.000% 2.590% 71,780.77 16,460.92 SERINS2 02/01/2023 4.000% 2.520% 12,981.72 3,554.17 SERINS2 02/01/2024 4.000% 2.660% 12,823.92 4,690.89 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan 4 (Finance 6,022 buffalo - school districts:12 REF) Page 13 ESCROW REQUIREMENTS City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Period Principal Ending Interest Redeemed Total 09/26/2012 146,657.29 33,025,000.00 33,171,657.29 146,657.29 33,025,000.00 33,171,657.29 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo -school districts:12_REF) Page 19 ESCROW COST City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 09/25/2012 33,171,657.29 33,171,657.29 0 33,171,657.29 33,171,657.29 Sep 6, 2012 1:01 pm Prepared by Raymond James Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 15 I ESCROW SUFFICIENCY City of Buffalo, New York School Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 09/25/2012 33,171,657.29 33,171,657.29 33,171,657.29 09/26/2012 33,171,657.29 - 33,171,657.29 33,171,657.29 33,171,657.29 0.00 Sep 6, 2012 1:01 pm Prepared by Raymond James ) Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 17 SOURCES AND USES OF FUNDS City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012 Sources: Bond Proceeds: Par Amount 11,230,000.00 Net Premium 355,151.35 11,585,151.35 Uses: Refunding Escrow Deposits: Cash Deposit 11,459,587.56 _ Delivery Date Expenses: Cost of Issuance 46,775.00 Underwriter's Discount 51,195.19 Bond Insurance 25,696.71 123,666.90 Other Uses of Funds: Additional Proceeds 1,896.89 11,585,151.35 I Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo -school districts:12_REF) Page 18 SUMMARY OF REFUNDING RESULTS City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012 Arbitrage yield 2.057580% Escrow yield Bond ParAmount 11,230,000,00 True Interest Cost 2.123645% Net Interest Cost 2.133576% Average Coupon 2,591040% Average Life 5.917 Par amount of refunded bonds 11,409,000.00 Average coupon of refunded bonds 5.232422% Average life of refunded bonds 6.315 PV of prior debt to 09/25/2012 Qa 2.057580% 13,699,025.98 Net PV Savings 2,151,413.07 Percentage savings of refunded bonds 18.857157% Percentage savings of refunding bonds 19.157730% J 4 n�/ l�l Sep 6, 2012 5:15 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo- school districts:12_REF) Page 191 SUMMARY OF BONDS REFUNDED Bond Maturity Date City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Interest Par Rate Amount Cali Date Call Price City School District of the City of Buffalo (1999E): TERM2016 12/01/2012 5.500% 694,000.00 09126/2012 100.000 12/01/2013 5.500% 734,000.00 09/26/2012 100.000 12/01/2014 5.500% 775,000.00 09/26/2012 100.000 12/01/2015 5.500% 819,000.00 09/26/2012 100.000 12/01/2016 5500% 865,000.00 09/26/2012 100.000 TERM2022 12/01/2017 5.250% 913,000.00 09/26/2012 100.000 12/01/2018 5.250% 962,000.00 09/26/2012 100.000 12/01/2019 5.250% 1,014,000.00 09/26/2012 100.000 12/01/2020 5.250% 1,069,000.00 09/26/2012 100.000 12/01/2021 5.250% 1,127,000.00 09/26/2012 100.000 12/01/2022 5.250% 1,187,000.00 09/26/2012 100.000 TERM2030 12/01/2023 5.000% 1,250,000.00 09/26/2012 100,000 11,409,000.00 Sep 6, 2012 1:01 pm Prepared by Raymond James C Morgan Keegan (Finance 6.022 buffalo -school districts :12 REF) Page 20 Date Prior Debt Service SAVINGS City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Refunding Debt Service Savings Annual Savings Present Value to 09/25/2012 @ 2.0575801% 12/01/2012 996,782.50 952,261.04 44,521.46 44,354.69 06/01/2013 283,697.50 124,368.75 159,328.75 157,115.53 06/30/2013 203,850.21 12/01/2013 1,017,697.50 959,368.75 58,328.75 56,932.79 06/01/2014 263,512.50 120,193.75 143,318.75 138,464.25 06/30/2014 201,647.50 12101/2014 1,038,512.50 970,193.75 68,318.75 65,332.52 06/01/2015 242,200.00 107,443.75 134,756.25 127,553.76 06/30/2015 203,075.00 12/01/2015 1,061,200.00 982,443.75 78,756.25 73,787.74 06/01/2016 219,677.50 98,693.75 120,983.75 112,196.96 06/30/2016 199,740.00 12/01/2016 1,084,677.50 988,693.75 95,983.75 88,106.23 06/01/2017 195,890.00 89,793.75 106,096.25 96,397.06 06/30/2017 202,080.00 12/01/2017 1,108,890.00 1,004,793.75 104,096.25 93,616.78 06/01/2018 171,923.75 76,068.75 95,855.00 85,327.34 06/30/2018 199,951.25 12/01/2018 1,133,923.75 1,011,068.75 122,855.00 108, 248.31 06/01/2019 146,671.25 66,718.75 79,952.50 69,729.28 06/30/2019 202,807.50 12/01/2019 1,160,671.25 1,021,718.75 138,952.50 119,951.13 06/0112020 120,053.75 57,168.75 62,885.00 53,732.85 06/30/2020 201,837.50 12/01/2020 1,189,053.75 1,037,168.75 151,885.00 128,458.42 06/01/2021 91,992.50 42,781.25 49,211.25 41,197.13 06/30/2021 201,096.25 12/01/2021 1,218,592.50 1,047,781.25 171, 211.25 141,869.71 06/01/2022 62,408.75 32,731.25 29,677.50 24,341.06 06/30/2022 200,888.75 12/01/2022 1,249,408.75 1,057,731.25 191,677.50 155,610.25 06/01/2023 31,250.00 21,200.00 10,050.00 8,075.85 06/30/2023 201,727.50 12/01/2023 1,281,250.00 1,081,200.00 200,050.00 159,116.54 06/30/2024 200,050.00 15,370,337.50 12,951,586.04 2,418,751.46 2,418,751.46 2,149,516.18 Savings Summar PV of savings from cash flow 2,149,516.18 Plus: Refunding funds on hand 1,896.89 Net PV Savings 2,151,413.07 Sep 6, 2012 1:01 pm Prepared by Raymond James Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 21 SAVINGS City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Present Value Prior Refunding to 09/25/2012 ,i Date Debt Service Debt Service Savings @ 2.0575801% 06/30/2013 1,280,480.00 1,076,629.79 203,850.21 201,470.21 06/30/2014 1,281,210.00 1,079,562,50 201,647.50 195,397.04 06/30/2015 1,280,712.50 1,077,637.50 203,075.00 192,886.28 06/30/2016 1,280, 877.50 1,081,137.50 199, 740.00 185,984.70 06/30/2017 1,280,567.50 1,078,487.50 202,080.00 184,503.29 06/30/2018 1,280,813.75 1,080,862.50 199,951.25 178,944.12 06/30/2019 1,280,595.00 1,077,787,50 202,807.50 177,977,59 06/30/2020 1,280,725.00 1,078,887.50 201,837,50 173,683.99 06/30/2021 1,281,046.25 1,079,950.00 201,096.25 169,655.54 06/30/2022 1,281,401.25 1,080,512.50 200,888.75 165,210.77 06/30/2023 1,280,658.75 1,078,931.25 201,727.50 163,686.10 06/30/2024 1,281,250.00 1,081,200.00 200,050.00 159,116.54 15,370,337.50 12,951,586.04 2,418,751.46 2,149,516.18 Savings Summary PV of savings from cash flow 2,149,516.18 Plus: Refunding funds on hand 1,896.89 Net PV Savings 2,151,413.07 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo -school districts:12_REF) Page 22 PRIOR BOND DEBT SERVICE City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Period Annual Ending Principal Coupon Interest Debt Service Debt Service 12/01/2012 694,000 5.500% 302,782.50 996,782.50 06/01/Z013 283,697.50 283,697.50 06/30/2013 1,280,480.00 12/01/2013 734,000 5.500% 283,697.50 1,017,697.50 06/01/2014 263,512.50 263,512.50 06/30/2014 1,281,210.00 12/01/2014 775,000 5.500% 263,512.50 1,038,512.50 06/01/2015 242,200.00 242,200.00 06/30/2015 1,280,712.50 12103/2015 819,000 5.500% 242,200.00 1,061,200.00 06/01/2016 219,677.50 219,677.50 06/30/2016 1,280,877.50 12/01/2016 865,000 5.500% 219,677.50 1,084,677.50 06/01/2017 195,890.00 195,890.00 06/30/2017 1,280,567.50 _ 12/01/2017 .913,000 5.250% 195,890.00 1,108,890.00 06/01/2018 171,923.75 171,923.75 06/30/2018 1,280,813.75 12/01/2018 962,000 5.250% 171,923.75 1,133,923.75 06/01/2019 146,671.25 146, 671.25 06/30/2019 1,280,595.00 12/01/2019 1,014,000 5.250% 146,671.25 1,160,671.25 06/01/2020 120,053.75 120,053.75 06/30/2020 1,280,725.00 12/01/2020 1,069,000 51250% 120,053.75 1,189,053.75 06/01/2021 91,992.50 91,992.50 06/30/2021 1,281,046.25 12/01/2021 1,127,000 5.250% 91,992.50 1,218,992.50 06/01/2022 62,408.75 62,408.75 06/30/2022 1,281,401.25 12/01/2022 1,187,000 5.250% 62,408.75 1,249,408.75 06/01/2023 31,250.00 31,250.00 06/3012023 1,280,658.75 12/01/2023 1,250,000 5.000% 31,250.00 1,281,250.00 06/30/2024 1,281,250.00 11,409,000 3,961,337.50 15,370,337.50 15,370,337.50 Sep 6, 2012 1:01 pm Prepared by Raymond James J Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF} Page 23 BOND SUMMARY STATISTICS City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012 Last Maturity 12101/2023 Arbitrage Yield 2.057580% True Interest Cost (TIC) 2.123645% Net Interest Cost (NIC) 2.133576% All -In TIC 2.199185% Average Coupon 2.591040% Average Life (years) 5.917 Duration of issue (years) 5.469 Par Amount 11,230,000,00 Bond Proceeds 11,585,151.35 Totallnterest 1,721,586.04 Net interest 1,417,629.88 Total Debt Service 12,951,586.04 Maximum Annual Debt Service 1,081,200.00 Average Annual Debt Service 1,158,115.00 Underwriter's Fees (per $1000) Average Ta ked own 3.613758 Other Fee 0.945030 Total Underwriter's Discount 4.558788 Bid Price 102.706644 Par Average Average PV of 1 by Bond Component Value Price Coupon Life change Refunding Bonds, Series D 5,270,000.00 103.525 2.382% 2.706 1,435.05 Insured Refunding Bonds, Series D 250,000.00 104.555 2.750% 8.183 192.50 Insured Refunding Bonds, Series D 5,710,000.00 102.767 2.644% 8.781 4,497.50 11,230,000.00 5.917 6,125,05 All -In Arbitrage TIC TIC Yield Par Value 11,230,000.00 11,230,000.00 11,230,000.00 + Accrued Interest + Premium (0iscount) 355,151.35 355,151.35 355,151.35 - Underwriter's Discount - 51,195.19 - 51,195.19 -Cost of Issuance Expense - 46,775.00 - OtherAmounts - 25,696.71 - 25,820.52 - 25,696.71 Target Value 11,508,259.45 11,461 11,559,454.64 Target Date 09/25/2012 09/25/2012 09/25/2012 Yield 2.123645% 2.199185% 2.057580% Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.077 buffalo -school districts:12_REF) Page 24 BOND PRICING City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers* Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (- Discount) Takedown Refunding Bonds, Series D: 12/01/2012 905,000 1.000% 0.300% 100.128 1,158.40 0.500 12/01/2013 835,000 1.000% 0.550% 100.529 4,417.15 0.500 12/01/2014 850,000 3.000% 0.780% 104.796 40,766.00 2.500 12/01/2015 875,000 2.000% 0.910% 103.411 29,846.25 2.500 12/01/2016 890,000 2.000% 1.070% 103.794 33,766.60 3.750 12/01/2017 915,000 3.000% 1.340% 108.284 75,798.60 3.750 5,270,000 185,75100 Insured Refunding Bonds, Series D: 12/01/2018 935,000 2.000 1.610% 102.285 21,364.75 3.750 12/01/2019 955,000 2.000% 1.920% 100.533 5,090.15 5.000 12/01/2020 730,000 3.000% 2.140% 106.422 46,880.60 5.000 12/01/2021 1,005,000 2.000% 2.340% 97.203 - 28,109.85 5.000 12/01/2022 1,025,000 2.250% 2.470% 98.028 - 20,213.00 5.000 12/01/2073 1,060,000 4.000% 2.590% 112.547 C 7.693% 12/01/2022 100.000 132,998.20 5.000 5,710,000 158,010.85 Insured Refunding Bonds, Series D: 12/01/2020 250,000 2.750% 2.140% 104.555 11,387.50 5.000 11,230,000 355,151.35 Dated Date 09/25/2012 Delivery Date 09/25/2012 First Coupon 12/01/2012 Pa r Amou nt 11,230,000.00 Premium 355,151.35 Production 11,585,151.35 103.162523% Underwriter's Discount - 51,195.19 - 0.455879% Purchase Price 11,533,956.16 102.706644% Accrued Interest Net Proceeds 11,533,956.16 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan Period Ending Principal BOND DEBT SERVICE City of Buffalo, New York Refunding Bonds, Series D *Final Pricing Numbers` Coupon Interest Debt Service Annual Debt Service 12/01/2012 905,000 1.000% 47,261.04 952,261.04 06/01/2013 124,368.75 124,368.75 06/30/2013 1,076,629.79 12/01/2013 835,000 1.000% 124,368.75 959,368.75 06/01/2014 120,193.75 120,193.75 O6/3O/2014 1,079,562.50 12/01/2014 850,000 3.000% 120,193.75 970,193.75 06/01/2015 107,443.75 107,443.75 06/30/2015 1,077,637.50 12/01/2015 875,000 2.000% 107,443.75 982,443.75 O6/01/2016 98,693.75 98,693.75 06/30/2016 1,081,137.50 12/0112016 890,000 2.000% 98,693.75 988,693.75 06/01/2017 89,793.75 89,793.75 06/30/2017 1,078,487.50 12/01/2017 915,000 3.000% 89,793.75 1,004,793.75 06/01/2018 76,068.75 76,068.75 06/30/2018 1,080,862.50 12/01/2018 935,000 2.000% 76,068.75 1,011,068.75 06/01/2019 66,718.75 66,716.75 06/30/2019 1,077,787.50 12/01/2019 955,000 2X00% 66,718.75 1,021,718.75 06/01/2020 57,168.75 57,168.75 06/30/2020 1,078,887.50 12/01/2020 980,000 *" % 57,168.75 1,037,168.75 06/01/2021 42,781.25 42,781.25 06/30/2021 1,079,950.00 12/01/2021 1,005,000 2.000% 42,781.25 1,047,781.25 06/01/2022 32,731,25 32,731.25 06/3O/2022 1,080,512.50 12/01/2022 1,025,000 2.250% 32,731.25 1,057,731.25 06/01/2023 21,200.00 21,200.00 06/30/2023 1,078,931.25 12/01/2023 1,060,000 4.000% 21,200.00 1,081,200.00 06/30/2024 1,081,200.00 11,230,000 1,721,586.04 12,951,586.04 12,951,586.04 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan {Finance 6.022 buffalo -school districts: 12_REF� Page 26 40 SOURCES AND USES OF FUNDS City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012. Sources: Bond Proceeds: Par Amount 20,515,000.00 Net Premium 1,445,836.25 21,960,836.25 Uses: Refunding Escrow Deposits: Cash Deposit 21,712,069.73 _ Delivery Date Expenses: Cost of Issuance 88,225.00 Underwriter's Discount 100,457.31 Bond Insurance 55,885.34 244,567,65 Other Uses of Funds: Additional Proceeds 4,198.87 21, 960,836,25 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 27 SUMMARY OF REFUNDING RESULTS City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012 Arbitrage yield 2.057580% Escrow yield Bond Par Amount 20,515,000.00 True Interest Cost 2.171956% Net Interest Cost 2.214723% Average Coupon 3.303700% Average Life 6.022 Par amount of refunded bonds 21,616,000.00 Average coupon of refunded bonds 5.244136% Average life of refunded bonds 6.184 PV of prior debt to 09/25/2012 @ 2.057580% 25,697,262.43 Net PV Savings 3,761,859.55 Percentage savings of refunded bonds 17.403125% Percentage savings of refunding bonds 18.337117% 1 � v Sep 6, 2012 5:15 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo - school districtsa2, REF) Page 28 SUMMARY OF BONDS REFUNDED City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Maturity Interest Par Call Call Bond Date Rate Amount Date Price City School District of the City of Buffalo (199413): 5.500% 1,073,000.00 09/25/2012 TERM2017 02/01/2013 5.500% 358,000.00 09/26/2012 100.000 02/01/2014 5.500% 378 ,000.00 09/26/2012 100.000 100.000 02/01/2016 736,000.00 1,259,000,00 09/26/2012 City School District of the City of Buffalo (199813): 02/01/2017 5.500% 1,333,000.00 09/26/2012 TERM2017 02/01/2013 5.500% 232,000.00 09/26/2012 100.000 02/01/2014 5.500% 245,000.00 09/26/2012 100.000 02/01/2015 5.500% 258,000.00 09/26/2012 100.000 02/01/2016 5500% 272,000.00 09/26/2012 100.000 02/01/2017 5.500% 287,000.00 09/26/2012 100.000 TERM2023 02/01/2018 5.250% 303,000.00 09/26/2012 100.000 02/01/2019 5.250% 319,000.00 09/26/2012 100.000 02/01/2020 5.250% 336,000.00 09/26/2012 100.000 02/01/2021 5.250% 353,000.00 09/26/2012 100.000 02/01/2022 5.250% 372,000.00 09/26/2012 100.000 02/01/2023 5.250% 391,000.00 09/26/2012 100.000 3,368,000.00 City School District of the City of Buffalo (19996): TERM2017 02/01/2013 5.500% 1,073,000.00 09/25/2012 100.000 02/01/2014 5.500% 1,133,000.00 09/26/2012 100.000 02/01/2015 5.500% 1,195,000.00 09/26/2012 100.000 02/01/2016 5.500% 1,259,000,00 09/26/2012 100.000 02/01/2017 5.500% 1,333,000.00 09/26/2012 100.000 TERM2023 02/01/2018 5.250% 1,404,000.00 09/26/2012 100.000 02/01/2019 5.250% 1,479,000.00 09/26/2012 100.000 02/01/2020 5.250% 1,555,000.00 09/26/2012 100.000 02/01/2021 5.250% 1,638 ,000.00 09/26/2012 100.000 02/01/2022 5.250% 1,721,000.00 09/26/2012 100.000 02/01/2023 5.250% 1,812,000.00 09/26/2012 100.000 TERM2030 02/01/2024 5.000% 1,910,000.00 09/26/2012 100.000 17,512 ,000.00 21,616,000.00 Sep 6, 2012 1:01 pm Prepared by Raymond James J Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 29 SAVINGS City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Date Prior Debt Service Refunding Debt Service Savings Annual Savings Present Value to 09/25/2012 @ 2.0575801% 02/01/2013 2,238,061.25 1,869,501.56 368,559.69 365,928.49 06/30/2013 368,559.69 08/01/2013 529,328.75 319,659.38 209,669.37 206,052.66 02/01/2014 2,285,328.75 2,129,659.38 155,669.37 151,426.28 06/30/2014 365,338.74 08/01/2014 481,038.75 292,509.38 188,529.37 181,523,12 02/01/2015 1,934,038.75 1,772, 509.38 161,529.37 153,942.77 06/30/2015 350,058.74 08/01/2015 441,081.25 270,309.38 170,771.87 161,093.85 02/01/2016 1,972,081.25 1,790,309.38 181,771.87 169,724.35 06/30/2016 352,543.74 08/01/2016 398,978.75 247,509.38 151,469.37 139,990.04 02/01/2017 2,018,978.75 1,817,509.38 201,469.37 184,304.61 06/30/2017 352,938.74 08/01/2017 354,428.75 216,109.38 138,319.37 125,24634 02/01/2018 2,061,428.75 1,846,109.38 215,319.37 192,983.41 06/30/2018 353,638.74 08/01/2018 309,620.00 183,509.38 126,110.62 111,877.66 02/01/2019 2,107,620.00 1,878,50938 229,110.62 201,183.24 06/30/2019 355,221,24 08/01/2019 262,422.50 147,884.38 114,538.12 99,552.34 02/01/2020 2,153,422.50 1,917,884.38 235,538.12 202,636.41 06/30/2020 350,076.24 08/01/2020 212,783.75 103,634.38 109,149.37 92,946.35 02/01/2021 2,203,783.75 1,958,634.38 245,149.37 206,631.60 06/30/2021 354,298.74 08/01/2021 160,520.00 75,809.38 84,710.62 70,673.84 02/01/2022 2,253,520.00 1,985,809.38 267,710.62 221,075.83 06/30/2022 352,421.24 08/01/2022 105,578.75 47,159.38 58,419.37 47,751.54 02/01/2023 2,308,578.75 2,017,159.38 291,419.37 235,778.27 06/30/2023 349,838,74 08/01/2023 47,750.00 21,937.50 25,812.50 20,671.42 02/01/2024 1,957,750.00 1,686,937.50 270,812.50 214,666.25 06/30/2024 296,625.00 28,798,12175 24,596,564.16 4,201,559.59 4,201,559.59 3,757,660.68 Savings Summary PV of savings from cash flow 3,757,660.68 Plus: Refunding funds on hand 4,198.87 Net PV Savings 3,761,859.55 fo, Sep 6, 2012 1:01 pm Prepared by Raymond James ( Morgan Keegan (Finance 6.022 buffalo - school districts :12_REF( Page 30 SAVINGS City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Savings Summary PV of savings from cash flow 3,757,660.68 Plus: Refunding funds on hand 4,198.87 Net PV Savings 3,761,859.55 Present Value Prior Refunding to 09/25/2012 Date Debt Service Debt Service Savings @ 2.0575801% 06/30/2013 2,238,061.25 1,869,501.56 368,559.69 365,928.49 06/30/2014 2,814,657.50 2,449,318.76 365,338.74 357,478.95 06/30/2015 2,415,077.50 2,065,018.76 350,058.74 335,465.89 06/30/2016 2,413,16250 2,060,618.76 352,543.74 330,818.20 06/30/2017 2,417,957.50 2,065,018.76 352,938.74 324,294.66 06/30/2018 2,415,857.50 2,062,218.76 353,638.74 318,229.75 06/30/2019 2,417,240.00 2,062,018.76 355,221.24 313,060.90 06/30/2020 2,415,845.00 2,065,768.76 350,076.24 302,188.75 06/30/2021 2,416,567.50 2,062,268.76 354,298.74 299,577.96 06/30/2022 2,414,040.00 2,061,618.76 352,421,24 291,749.67 06/30/2023 2,414,157.50 2,064,318.76 349,838.74 283,529.81 06/30/2024 2,005,500.00 1,708,875.00 296,625.00 235,337.66 28,798,123.75 24,596,564.16 4,201,559.59 3,757,660.68 Savings Summary PV of savings from cash flow 3,757,660.68 Plus: Refunding funds on hand 4,198.87 Net PV Savings 3,761,859.55 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo -school districtsa2_REF) Page 31 PRIOR BOND DEBT SERVICE City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Period Annual Ending Principal Coupon Interest Debt Service Debt Service 02/01/2013 1,663,000 5.500% 575,061.25 2,238,061.25 06/30/2013 2,238,061.25 08/01/2013 529,328.75 529,328.75 02/01/2014 1,756,000 5.500% 529,328.75 2,285,328.75 06/30/2014 2,814,657.50 08/01/2014 481,038.75 481,038.75 07/01/2015 1,453,000 5.500% 481,038.75 1,934,038.75 06/30/2015 2,415,077.50 08/01/2015 441,081.25 441,081.25 02/01/2016 1,531,000 5.500% 441,081.25 1,972,081.25 06/30/2016 2,413,162.50 08/01/2016 398,978.75 398,978.75 02/01/2017 1,620,000 5.500% 398,978.75 2,018,978.75 06/30/2017 2,417,957.50 08/01/2017 354,428.75 354,428.75 02/01/2018 1,707,000 5.250% 354,428.75 2,061,428.75 06/30/2018 2,415,857.50 08/01/2018 309,620.00 309,620.00 02/01/2019 1,798,000 5.250% 309,620.00 2,107,620.00 06/30/2019 2,417,240.00 08/01/2019 262,422.50 262,422.50 02/01/2020 1,891,000 5.250% 262,422.50 2,153,422.50 06/30/2020 2,415,845.00 08/01/2020 212,783.75 212,783.75 02/01/2021 1,991,000 5.250% 212,78175 2,203,783.75 06/30/2021 2,416,567.50 08/01/2021 160,520.00 160,520.00 02/01/2022 2,093,000 5.250% 160,520,00 2,253,520.00 06/30/2022 2,414,040.00 08/01/2022 105,578.75 105,578.75 02/01/2023 2,203,000 5.250% 105,578.75 2,308,578.75 06/30/2023 2,414,157.50 08/01/2023 47,750.00 47,750.00 02/01/2024 1,910,000 5.000% 47,750.00 1,957,750.00 06/30/2024 2,005,500.00 21,616,000 7,182,123,75 28,798,123.75 28,798,123.75 Sep 6, 2012 1:01 pm Prepared by Raymond James I Morgan Keegan (Finance 6.022 buffalo -school districts:12_REF) Page 32 BOND SUMMARY STATISTICS City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Dated Date 09/25/2012 Delivery Date 09/25/2012 Last Maturity 02/01/2024 Arbitrage Yield 2.057580% True Interest Cost (TIC) 2.171956% Net Interest Cost (NIC) 2.21472356 All -in TIC 2.247406% Average Coupon 3.303700% Average Life (years) 6.022 Duration of Issue (years) 5.451 Par Amount 20,515,000.00 Bond Proceeds 21,960,836.25 Total Interest 4,081,564.16 Net Interest 2,736,185.22 Total Debt Service 24,596,564.16 Maximum Annual Debt Service 2,449,318.76 Average Annual Debt Service 2,167,098.16 Underwriter's Fees (per $1000) Average Takedown 3.951743 Other Fee 0.945031 Total Underwriter's Discount 4.896774 Bid Price 106.558026 Par Average Average PV of 1 by Bond Component Value Price Coupon Life change - Refunding Bonds, Series E 8,020,000.00 105.317 3.308% 2.296 1,928.40 Insured Refunding Bonds, Series E 1,050,000.00 108.849 3.485°%a 7.921 748.50 Insured Refunding Bonds, Series E 11,445,000.00 108.095 3.287% 8.459 9,029.30 20,515,000.00 6.022 11,706.20 All -In Arbitrage TIC TIC Yield Par Value 20,515,000.00 20,515,000.00 20,515,000.00 + Accrued Interest + Premium (Discount) 1,445,836.25 1,445,836.25 1,445,836.25 Underwriter's Discount - 100,457.31 - 100,457.31 Cost of Issuance Expense - 88,225.00 Other Amounts - 55,88534 - 56,111.53 - 55,885.34 Target Value 21,804,493.60 21,716,042.41 21,904,950.91 Target Date 09/25/2012 09/25/2012 09/25/2012 Yield 2.171956% 2.247406% 2.057580% Sep 6, 2012 1:01 pm Prepared by Raymond James Morgan Keegan (Finance 6.022 buffalo- school districts:12_REF) Page 33 BOND PRICING City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (- Discount) Takedown Refunding Bonds, Series E: 02/01/2013 1,640,000 1.000% 0.400% 100.209 3,427.60 01500 02/01/7014 1,810,000 3.000% 0.660% 103.139 56,815.90 2.500 02/01/2015 1,480,000 3.000% 0.790% 105.134 75,983.20 2.500 02/01/2016 1,520,000 3.000% 0.940% 106.777 103,010.40 3.750 02/01/2017 1,570,000 4.000% 1.180% 111.922 187,175.40 3.750 8,020,000 426,412.50 Insured Refunding Bonds, Series E: 02/01/2018 1,630,000 4.000% 1.480% 112.914 210,498.20 3.750 02/01/2019 1,020,000 5.000% 1.790% 119.184 195,676.80 5.000 02/01/2020 1,770,000 5.000% 2.020% 120.257 358,548.90 5.000 02/01/2021 1,855,000 3.000% 1220% 105.913 109,686.15 5.000 02/0112022 1,910,000 3.000% 2.380% 105.168 98,708.80 5.000 02/01/2023 1,745,000 2.375% 2.520% 98.684 - 22,964.20 5.000 02/01/2024 1,515,000 2.500% 2.660% 98.439 - 23,649.15 5.000 11,445,000 926,505.50 Insured Refunding Bonds, Series E: 02/01/2019 675,000 3.000% 1.790% 107.230 48,802.50 5.000 02/01/2023 225,000 4.000% 2.520% 112.257 C 2.639% 02/01/2022 100.000 27,578.25 5.000 02/0112024 150,000 4.000% 2.660% 111.025 C 2.856% 02/01/2022 100.000 16,537.50 5.000 1,050,000 92,918.25 20,515,000 1,445,836.25 Sep 6, 2012 1:01 pm Prepared by Raymond lames I Morgan Keegan (Finance 6.022 buffalo - school districts:12_REF) Page 34 Net Proceeds 21.860.378.94 BOND PRICING City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Dated Date 09/2512012 Delivery Date 09/25/2012 First Coupon 02/01/2013 Par Amount 20,515,000.00 Premium 1,445,836.25 Production 21,960,836.25 107.047703% Underwriter's Discount - 100,457.31 - 0.489677% Purchase Price 21,860,378.94 106.558026% Accrued Interest Net Proceeds 21.860.378.94 �q Sep 6, 2012 1:01 pm Prepared by Raymond James Morgan Keegan Finance 6.022 buffalo -school districtsa2_REF) Page 35 BOND DEBT SERVICE City of Buffalo, New York Refunding Bonds, Series E *Final Pricing Numbers* Period Annual Ending Principal Coupon Interest Debt Service Debt Service 02/01/2013 1,640,000 1.000% 229,501.56 1,869,50156 06/30/2013 1,869,501.56 08/01/2013 319,659.38 319,659.38 02/01/2014 1,810,000 3.000% 319,659,38 2,129,659.38 06/30/2014 2,449,318.76 08/01/2014 292,509.38 292,509.38 02/01/2015 1,480,ODO 3.000% 292,509.38 1,772,509.38 06/30/2015 2,065,018.76 08/01/2015 270,309.38 270,309.38 02/01/2016 1,520,000 3.000% 270,309.38 1,790,309.38 06/30/2016 2,060,618.76 08/01/2016 247,509.38 247,509.38 02/01/2017 1,570,000 4.000% 247,509.38 1,817,509,38 06/30/2017 2,065,018.76 08/01/2017 216,109.38 216,109.38 _ 02/01/2018 1,630,000 4.000% 216,109.38 1,846,109.39 06/30/2018 2,062,218.76 08/01/2018 183,509.38 183,509,38 02/0112019 1,695,000 ** % 183,509.38 1,878,509.38 06/30/2019 2,062,018.76 08/01/2019 147,884.38 147,884.38 02/01/2020 1,770,000 5.000% 147,884.38 1,917,88438 06/30/2020 2,065,768.76 08101/2020 103,634.38 103,634.38 02/01/2021 1,855,000 3.000% 103,634.38 1,958,634.38 06/30/2021 2,062,268.76 08/01/2021 75,809.38 75,809.38 02/01/2022 1,910,000 3.000% 75,809.38 1,985,809.38 06/30/2022 2,061,618.76 08/01/2022 47,159.38 47,159.38 02/01/2023 1,970,000 ** % 47,159.38 2,017,159.38 06/30/2023 2,064,318.76 08/01/2023 21,937.50 21,937.50 02/01/2024 1,665,000 ** % 21,937.50 1,686,937.50 06/30/2024 1,708,875,00 20,515,000 4,081,564.16 24,596,564.16 24,596,564.16 September 6, 2012 1:01 pm Prepared by R.1MK (Finance 6.022 buffalo- school districts: l2 REF) Pagel PROOF OF EFFECTIVE INTEREST COST City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Present Value to 09/25/2012 Date Debt Service 2.026244% 12/1/2012 952,261.04 948,747,90 2/1/2013 1,869,5 01.56 1,856,356.47 611/2013 124,368,75 122,667.15 8/1/2013 319,65938 314,228.23 12/1/2013 959,368.75 936,752.35 2/1/2014 2,129,659.38 2,072,478.84 611/2014 120,193.75 116,183.19 8/1/2014 292,509.38 281,600.63 12 /1 /2414 970,193.75 928,414.91 211/2015 1,772,509.38 1,690,491.20 6/1/2015 107, 443.75 101, 7 85.75 8/112015 270,309.38 255,215.88 12/1/2015 982,443.75 921,373.56 2/1/2016 1,790,309.38 1,673,3 8 8.85 6/1/2016 98,693.75 91,630.47 8/1/2016 247,509.38 229,024.87 12/1/2016 988,693.75 908,728.71 2/1/2017 1,817,509.38 1,664,906.54 6/1/2017 89,793.75 81,703.52 8/1/2017 216,109.38 195,978.77 12/1/2017 1,004,793.75 905,094.24 2/1/2018 1,846,109.38 .1,657,353.08 6/1/2018 76,068.75 67,833.68 8/1/2018 183,509.38 163,094.04 12/1/2018 1,011,068.75 892,569.36 2/1/2019 1,878,509.38 1,652,781.31 6/1/2019 66,718.75 58,308.44 8/ 1 /2019 147, 884.3 8 128, 809. l0 12/1/2019 1,021,718.75 883,969.06 2/1/2020 1,917,884.39 1,65 3,746.20 6/1/2020 57,168.75 48,965.10 8/1/2020 103,634.38 88,465.21 12/1/2020 1,037,168.75 879,426.48 2/1/2021 1,958,634.38 1,655,176.17 6/1/2021 42,781.25 35,910.86 8/1/2021 75,809.38 63,421.43 12/1/2021 1,047,781.25 870,693.20 2/1/2022 1,985,809.38 1,644,647.47 6/1/2022 32,731.25 26,926.46 8/1/2022 47,159.38 38,665.67 12/1/2022 1,057,731.25 861,418.67 2/1/2023 2,017,159.38 1,637,268.45 6/1/2023 21,200.00 17,092.16 8/1/2023 21,937.50 17,627.43 12/1/2023 1,081,200.00 862,957.47 2/1/2024 1,686,93 7.50 1,341,909.06 37,548,150.20 33,545,987.60 September 6, 2012 1:01 pm Prepared by R7MK (Finance 6.022 buffalo - school districts: l2 REF) Page 2 PROOF OF EFFECTIVE INTEREST COST City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Proceeds Summary Delivery Date 9/2512012 Par Value 31,745,000.00 Premium (Discount) 1,800,987.60 Target for yield calculation 33,545,987,60 September 6, 2012 1:01 pm Prepared by RJMK (Finance 6.022 buffalo - school districts: 12_REF) Page 3 SUMMARY OF REFUNDING RESULTS e City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Dated hate Delivery Date Arbitrage yield Effective interest yield Bond Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life Par amount of refunded bonds Average coupon of refunded bonds Average life of refunded bonds PV of prior debt to 09/25/2012 @ 2.057580% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds PV of prior debt to 09/25/2012 @ 2.026244% PV of refunding debt to 09/25/2012 @ 2.026244% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds 9/25/2012 9/25/2012 2.057580% 2.026244% 31,745,000.00 2.155250% 2.186344% 3.054465% 5.985 33,025,000.00 5.240033% 6.229 39,396,288.41 5,913,272.62 17.905443% 18.627414% 39,463,159.19 33,545,987.60 5,923,267.35 17,935707% 18.658899% September 6, 2012 1:01 pm Prepared by RJMK (Finance 6.022 buffalo - school districts:l2_REF) Page 4� SAVINGS (EIC) City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Present Value Prior Refunding Annua] to 09/25/2012 Date Debt Service Debt Service Savings Savings 2.026244% 1211/2012 996,782.50 952,261.04 44,521.46 44,357.21 2/1/2013 2,238,061.25 1,869,501.56 368,559.69 365,968.22 6/1/2013 283,697.50 124,368.75 159,328.75 157,148.83 6/30/2013 - - - 572,409.90 8/1/2013 529,328.75 319,659.38 209,669.37 - 206,107.00 12/1/2013 1,017,697.50 959,368.75 58,328.75 56,953.69 2/1/2014 2,285,328.75 2,129,659.38 155,669.37 151,489,71 6/l/2014 263,512.50 120,193.75 143,318.75 138,536.57 6/30/2014 - - - 566,986.24 - 8/1/2014 481,038.75 292,509.38 188,529.37 181,627.32 12/1/2014 1,038,512.50 970,193.75 68,318.75 65,376.78 2/1/2015 1,934,038.75 1,772,509.38 161,529.37 154,055.03 6/1/2015 242,200,00 107,443.75 134,756.25 127,659.98 6/30/2015 - - 553,133.74 - 8/1/2015 441,081.25 270,309.38 170,771.87 - 161,236.33 12/1/2015 1,061,200,00 982,443.75 78,756.25 73,860.64 2/1/2016 1,972,081.25 1,790,309.38 181,771.87 169,900.81 6/1/2016 219,677.50 98,693.75 120,983.75 112,325.23 6130/2016 - - - 552,283.74 - 8/1/2016 398,978.75 247,509.38 151,469,37 140,15733 12/1/2016 1,084,677.50 988,693.75 95,983.75 88,220.63 2/1/2017 2,018,978.75 1,817,509.38 201,469.37 184,553.47 6/1/2017 195,890.00 89,793.75 106,096.25 96,537.20 6/30/2017 - - - 555,018.74 - 8/1/2017 354,428.75 216,109.38 138,319.37 - 125,434.91 12/1/2017 1,108,890.00 1,004,793.75 104,096.25 93,767.42 2/1/2018 2,061,428.75 1,846,109.38 215,319.37 193,303.94 6/1/2018 171,923.75 76,068.75 95,855.00 - 85,477.90 6/30/2018 - - - 553,589,99 - 8/1/2018 309,620.00 183,509.38 126,110.62 - 112,080.87 12/1/2018 1,133,923.75 1,011,068.75 122,855.00 108,456.14 2/1/2019 2,107,620.00 1,878,509.38 229,110.62 201,579.91 6/1/2019 146,671.25 66,718.75 79,952.50 69,873.99 6/30/2019 - - - 558,028.74 - 8/I/2019 262,422.50 147,884.38 114,538.12 99,764.10 12 /l /2019 1,160,671.25 1,021,718.75 138,952,50 120,218.71 2/1/2020 2,153,422,50 1,917,884,38 235,538.12 203,098.93 6/1/2020 120,053,75 57,168.75 62,885.00 53,861.07 6/30/2020 - - - 551,913.74 - 8/1/2020 212,783.75 103,634.38 109,149.37 - 93,172.96 12/1/2020 1,189,053.75 1,037,168.75 151,885.00 128,784.92 2/1/2021 2,203,783.75 1,958,634.38 245,149.37 207,167.50 611/2021 91,992.50 42,781.25 49,211.25 41,308.24 6/30/2021 - - 555,394,99 - 8/1/2021 160,520.00 75,809.38 84,710.62 70,868.12 12/1/2021 1,218,992.50 1,047,781.25 171,211.25 142,274.42 2/1/2022 2,253,520.00 1,985,809.38 267,710.62 221,717.96 6/1/2022 62,408.75 32,731.25 29,677.50 24,414.29 6/30/2022 - 553,309.99 - 8/1/2022 105,578.75 47,159.38 58,419.37 - 47,897.66 12/1/2022 1,249,408,75 1,057,731,25 191,677,50 156,102.58 2/1/2023 2,308,578.75 2,017,159.38 291,419.37 236,536.46 6/1/2023 31,250.00 21,200.00 10,050.00 8,102.65 6/3012023 - - - 551,566.24 - 8/1/2023 47,750.00 21,937.50 25,812.50 20,741.11 12/1/2023 1,281,250.00 1,081,200.00 200,050.00 159,669.48 2/1/2024 1,957,750.00 1,686,937.50 270,812.50 215,423.36 6/30/2024 496,675,00 44,168,461.25 37,548,150.20 6,620,311.05 6,620,311.05 5,917,171.59 September 6, 2012 1:01 pm Prepared by RJN4K (Finance 6.022 buffalo - school districts: 12_REF) Page 5 C`u\, SAVINGS (EIC) City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Savings Summary PV of savings from cash flow 5,917,171.59 Plus: Refunding funds on hand 6,095.76 Net PV Savings 5,923,267.35 September 6, 2012 1:01 pm Prepared by RJMK (Finance 6.022 buffalo - school districts:l2_REF) Page 6 BOND SUMMARY STATISTICS City of Buffalo, NY School District Refunding Bonds, Issue of 2012 *Final Pricing Numbers* Dated Date 9/25/2012 Delivery Date 9/2S/2012 Last Maturity 2/1/2024 Arbitrage Yield 2.057580% Effective Interest Yield 2.026244% True Interest Cost (TIC) 2.155250% Net Interest Cost (NIC) 2.186344% All -In TIC 2.230732% Average Coupon 3.054465% Average Life (years) 5.985 Duration of Issue (years) 5.457 Par Amount 31,745,000.00 Bond Proceeds 33,545,987.60 Total Interest 5,803,150.20 Net Interest 4,153,815.10 Total Debt Service 37,548,150.20 Maximum Annual Debt Service 3,528,881,26 Average Annual Debt Service 3,308,207.07 Underwriter's Fees (per $1000) Average Takedown 3.832178 Other Fee 0.945031 Total Underwriter's Discount 4.777209 Bid Price 105.195574 Bond Component Par Value Price Average Coupon Average Life PV of 1 by change Ref Bonds, Series E 8,020,000.00 105.317 3.308% 2,296 1,928.40 Ref Bonds, Series D 5,270,000.00 103.525 2.382% 1706 1,435.05 Ins Ref Bonds, Series E 1,050,000.00 108.849 3.485% 7.921 748.50 Ins Ref Bonds, Series D 250,000.00 104.555 2.750% 8.183 192.50 Ins Ref Bonds, Series E 11,445,000.00 108.095 3.287% 8.459 9,029.30 Ins Ref Bonds, Series D 5,710,000.00 102.767 2.644% 8.781 4,497.50 31,745,000.00 5.985 17,831.25 All -In Arbitrage Effective TIC TIC Yield Interest Yield ---- Par Value °-- ° °- °-- °--- 31,745,000.00 -------- ------ - - - - -- 31,745,000.00 ----------- --- -- - - -- 31,745,000.00 ----------------- - - - - -- 31,745,000.00 + ACCRUED Interest + Premium (Discount) 1,800,987.60 1,800,987.60 1,800,987.60 1,800,987.60 Underwriter's Discount (151,652.50) (151,652,50) Cost of Issuance Expense (135,000,00) Other Amounts (81,582.05) (81,932.05) (81,582.05) -------------- Target Value ---- 33,312,753.05 ----- ------ ------- 33,177,403.05 ------------ - - - - -- 33,464,405.55 ----------------- - - - - -- 33,545,987.60 Target Date 9/25/2012 9/25/2012 9/25/2012 9/25/2012 Yield 2.155250% 2.230732% 2.057580 ° / 2.026244% v $31,745,000 City of Buffalo, New York School Refunding Bonds, Issue of 2012 Series 2012 D Maturity Par Orders /(Balances R_ epric 12/1/2012 $ 905,000 Sealed Bid - 12/1/2013 - 835,000 Sealed Bid - 12/1/2014 850,000 1X - 12/1/2015 875,000 1X - 12/1/2016 890,000 1X - 12/1/2017 915,000 1X - 12/1/2018 935,000 (510,000) - 12/1/2019 955,000 2X - 12/1/2020 250,000 1X - 12/1/2020 730,000 (705,000) - 12/1/2021 1,005,000 2.3X - 12/1/2022 1,025,000 1.7X - 12/1/2023 1 (560,000) - �l 11,LJ V,VVV Series 2012 E .2 Lv,J1J,vvv Prepared by Raymond James I Morgan Keegan Page 1 Maturity Par Orders /Balancesl Reprice 2/1/2013 $ 1,640,000 Sealed Bid 2/1/2014 1,810,000 5.7X -5 bps 2/1/2015 1,480,000 6X -5 bps 2/1/2016 1,520,000 5.2X -4 bps 2/1/2017 1,570,000 4.4X -3 bps 2/1/2018 1,630,000 2.1X - 2/1/2019 675,000 2X - 2/1/2019 1,020,000 1X - 2/1/2020 1,770,000 1X - 2/1/2021 1,855,000 1X - 2/1/2022 1,910,000 1.3X - 2/1/2023 225,000 1X - 2/1/2023 1,745,000 (1,745,000) - 2/1/2024 150 ,000 1X - 2/1/2024 1,515,000 (1,515,000) - .2 Lv,J1J,vvv Prepared by Raymond James I Morgan Keegan Page 1 APPENDIX B School Refunding Bond — 2012D Form REGISTERED NO. DR- UNITED STATES OF AMERICA STATE OF NEW YORK CITY OF BUFFALO SCHOOL REFUNDING BOND -2012D INTEREST DATE OF MATURITY DATE: RATE: ORIGINAL ISSUE: December 1, % September 25, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: CUSIP: 119674 DOLLARS The City of Buffalo, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE, (stated above) the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at the corporate trust office of Manufacturers and Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such principal sum from September 25, 2012 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST RATE (stated above), payable on December 1, 2012 and semiannually thereafter on ,Tune 1 and December 1 of each year until maturity. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond are payable in any coin or currency of the United States of America which, at the date of payment is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. 261792 1010442M It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the City of Buffalo has caused this bond to be executed in its name by the manual signature of its Comptroller and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon. City of Buffalo IM Comptroller 261792 1010442M V City of Buffalo, New York School Refunding Bond -2012D This bond is one of an authorized issue, the principal amount of which is $11,230,000), and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), a Refunding Bond Resolution duly adopted by the Common Council of said City on July 24, 2012 authorizing the issuance of not to exceed $35,000,000 refunding bonds of the City to provide funds required by the City to advance refund certain bonds heretofore issued by the City as referred to therein and a Certificate of Determination executed by the Comptroller as of September 6, 2012 determining the terms, form and details of issuance of said refunding bonds (the `Bonds ") and providing for their private sale (the "Certificate of Determination "). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of New York (the "Act "), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution"). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee "), in Buffalo, New York, The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in denominations of $5,000, or any integral multiple thereof. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose, ' by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the City duly executed by the registered owner or his attorney duly authorized in writing, and thereupon 'a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. The Bonds maturing on or after December 1, 2023 will be subject to redemption prior to maturity at the option of the City on December 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor 2617921010442vv1 V securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner, The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. The Bonds shall be redeemable upon the giving of notice which identifies Bonds to be redeemed, by mailing such notice to the registered owners thereof at least 30 days prior to the date set for redemption at their respective addresses shown on the registration books of the City maintained by the Fiscal Agent. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the redemption price on the redemption date designated in the notice of redemption, and interest on such Bonds shall cease to accrue from and after the designated redemption date. 261792 1010442M Q , STATEMENT OF INSURANCE Assured Guaranty Municipal Corp. ( "AGM "), New York, New York, has delivered its municipal bond insurance policy (the "Policy ") with respect to the scheduled payments due of principal of and interest on the Bonds maturing on December i in each of the years 2018 through 2023, inclusive, to Manufacturers & Traders Corp., Buffalo, New York or its successor, as paying agent for the Bonds (the "Paying Agent "). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy. 2$1792 1616442M School Refunding Bond — 2012E Form REGISTERED REGISTERED NO. ER- $ UNITED STATES OF AMERICA STATE OF NEW YORK CITY OF BUFFALO SCHOOL REFUNDING BOND -2012E INTEREST DATE OF MATURITY DATE: RATE: ORIGINAL ISSUE: CUSIP: February 1, % September 25, 2012 119674 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS The City of Buffalo, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE, (stated above) the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at the corporate trust office of Manufacturers and Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such principal sum from September 25, 2012 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST RATE (stated above), payable on February 1, 2013, August 1, 2013 and semiannually thereafter on February 1 and August 1 of each year until maturity. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond are payable in any coin or currency of the United States of America which, at the date of payment is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. 261792 1010442M It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the City of Buffalo has caused this bond to be executed in its name by the manual signature of its Comptroller and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon. City of Buffalo 131 Comptroller 261792 1010442M a� City of Buffalo, New York School Refunding Bond -2012E This bond is one of an authorized issue, the principal amount of which is $20,515,000, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law "), a Refunding Bond Resolution duly adopted by the Common Council of said City on July 24, 2012 authorizing the issuance of not to exceed $35,000,000 refunding bonds of the City to provide funds required by the City to advance refund certain serial bonds heretofore issued by the City as referred to therein and a Certificate of Determination executed by the Comptroller as of September 6, 2012 determining the terms, form and details of issuance of said refunding bonds (the `Bonds ") and providing for their private sale (the "Certificate of Determination "). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of New York (the "Act "), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution "). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee "), in Buffalo, New York. The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in denominations of $5,000, or any integral multiple thereof. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the City duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. The Bonds maturing on or after February 1, 2023 will be subject to redemption prior to maturity at the option of the City on February 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor 261792 1D1 0442W securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. The Bonds shall be redeemable upon the giving of notice which identifies Bonds to be redeemed, by mailing such notice to the registered owners thereof at least 30 days prior to the date set for redemption at their respective addresses shown on the registration books of the City maintained by the Fiscal Agent. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the redemption price on the redemption date designated in the notice of redemption, and interest on such Bonds shall cease to accrue from and after the designated redemption date. 261792 1010442M �k ! STATEMENT OF INSURANCE Assured Guaranty Municipal Corp. ( "AGM "), New York, New York, has delivered its municipal bond insurance policy (the "Policy ") with respect to the scheduled payments due of principal of and interest on the Bonds maturing on February 1 in each of the years 2018 through 2024, inclusive, to Manufacturers & Traders Corp., Buffalo, New York or its successor, as paying agent for the Bonds (the "Paying Agent ".). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy. 261792 1010442W ASSIGNMENT FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE the within Bond and does hereby irrevocably constitute and appoint Attorney to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: Signature(s) must be acknowledged or proved, or in the alternative, certified as to its genuineness by an officer of a bank or trust company located and authorized to do business in New York State. Notice; The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever, 261792 1010442M f [� CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, DO HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as Clerk on S� p eP4 b e, f 2012; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller by the resolution cited in said Certificate has been adopted by said Legislature. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 25 day of (SEAL) September, 2012. City C erk of the /City of Buffalo l t y} 251792 1010442M TO: THE COMMON COUNCIL DATE: September 24, 2012 FROM: THE DEPARTMENT OF AUDIT & CONTROL ,SUBJECT: Gun Buy Back Audit We have performed an audit of the Gun Buy Back Program as performed by the Buffalo Police Department on August 18, 2012. It was the objective of this Audit to review the procedures followed during the gun buyback program on August 18, 2012, which consisted of the purchase of firearms using a "no. questions asked/no identification required" format, administered by the Department of Police. In total, 745 weapons were turned in and $32,065 in debit cards was issued. Our findings and recommendations are explained in the attached Audit Report. Given that this was a program of limited time and scope, an exit conference was not scheduled. We had one recommendation relating to locations and the reasonableness of continuing in low volume locations as well as the potential to explore the option of alternate locations or consolidations of current locations. If you have any questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: ,17• RECEI'V'ED AND FILED ?cl CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL AUDIT REPORT ON THE GUN BUY BACK PROGRAM ANNE FORTI- SCIARRINO DEPUTY COMPTROLLER JAMES BARRETT ACTING CITY AUDITOR SEPTEMBER 2012 MARK J.F.. SCHROEDER COMPTROLLER I. Audit Objectives It is the objective of this Audit to review the procedures followed during the gun buyback program on August 18 , 2012, the purchase of weapons using a "no questions asked/no identification required" format, administered by the Department of Police. I1. Scope and Methodology In order to meet our objective we followed the following procedures: 1) We reviewed the procedures followed by the police officers in categorizing the type of weapon in one of the four categories: non- working/antique ($10.00), rifles /shotguns ($50.00), handguns ($75.00) and assault weapons ($100.00), placing an inventory tag on the weapon and immobilizing the weapon. 2) We reviewed the procedures followed by the Report Technicians in writing the information from the inventory tag on a summary sheet and entering the amount from the summary sheet to activate the debit card used as payment. 3) We reviewed the inventory of debit cards issued to the Report Technicians to be sure that cards issued to the public plus voided cards and any unused cards equaled the amount of cards issued to the Report Technicians. 4) We reviewed the weapons to make sure an inventory card and an immobilization tag was on each weapon with the same control number. 5) We performed a complete count of the confiscated weapons to make sure they were categorized correctly. 6) We compared the written reports of cards issued and their amounts to the report prepared by the bank for cards issued. 7) We analyzed payroll costs associated with the departments involved for the day's event. III. Findings 1) A total of 1,700 blank debit cards were issued to the City by JP Morgan Chase Bank. Eleven hundred blank debit cards were distributed to the Report Technicians for activation during the program using past location usage figures as a guide. - An additional six hundred cards were issued to the Police Department's Senior Budget Examiner for distribution during the program if shortages occurred. Results: All debit cards issued to the Report Technicians and the Senior Budget Examiner were accounted for at the end of the program. There were 334 cards issued to the sellers, 766 unused cards returned from the sites (1 was a void), 17 cards were used for training purposes and 583 were held by the Police Department's Senior Budget Examiner. 2) After all weapons were secured in the Police Department's Artillery Range, the Senior Budget Examiner did a visual scan to make sure all weapons had an inventory tag describing the weapon and a corresponding plastic tag that showed the officer at each site had inspected and disabled the weapon. Results: Of the sample taken we found no weapons that were incorrectly classified. 3) We tabulated the hand written entry sheet forms to determine the number of weapons turned in 'off for each category and the proper amount was issued for each weapon. A complete physical inventory count was done by the Senior Budget Examiner and two auditors. Results: A total of 745 weapons were accounted for by district. 4) We reviewed the report on the debit cards issued by JP Morgan Chase to our tabulation of the hand written documents by the Report Technicians. Results: The number of cards issued was 334 for a value of $32,140 which did not agree to the JP Morgan Chase Cash Card report of $32,065, a variance of $75.00. Upon further review, the physical count of weapons at one location revealed that one weapon was originally counted as a working handgun instead of a nonworking weapon. By making this change, all weapons now matched exactly what was paid out in Chase Cash Cards. To note: the total $32,065 expenditure in debit cards is extracted from a Special Revenue Fund Account Drug Asset Forfeiture Funds (DAFF) which is revenue received from the Drug Enforcement Administration (DEA) as the city's share of drug asset forfeitures. Restrictions are placed on these funds on how they can be used. 5) A special code (501) was setup for timekeepers to identify costs associated with the Gun Buy Back event not paid for with Drug Asset Forfeiture Funds. Auditors calculated the amount of money spent on personnel costs for the event in the following areas using this code: • Police Officers • Report Technicians / Police Office Personnel • Auditors Twenty -two Police Officers were paid under payroll code 201— 202 which identifies overtime and overtime second shift pay. The total cost of police payroll was $9,005.58. Nineteen Report Technicians along with two police office personnel were paid under code 201 - 202 as well. The total cost associated with these individuals was $4,698.49 from which $485.81 will be paid out as comp time. A total of 18 compensatory hours was accumulated Nine Auditors were assigned to the event and were paid for the following duties: Car allowance of $81 and overtime costs of $1,621.66 from which $957.17 will be compensated as compensatory time. A total of 27 compensatory hours was accumulated. It should be noted that compensatory hours are not paid when earned but are usually used for taking time off in the future or cashed out due to retirement or separation from employment. These are paid out at whatever hourly rate the individual is currently at, thereby making it a monetary cost to the department. We are using current rates to estimate these costs. See Exhibit A below. Exhibit A Audit Note: Over 50 employees were scheduled on August 18, 2012 Results: An approximate total of $15,000 was appropriated out of the city's general fund to pay for the overtime and compensatory time for personnel working the event. Overtime costs associated with the Gun Buy Back program are the responsibility of each city department participating. IV. Auditor Analysis A graphical and mathematical breakdown of all Gun Buy Back events (2007, 2008, 2009, 2011 and 2012) is presented in figures one, two, three, four. Figure 1 Audit Note: *New locations in 2011 -2012 Audit Note: ** saint Thomas Aquinas averages over 300 weapons per event Figure 2 Audit Note: * In 2012 lowest average price per weapon was recorded due to high number of non - working guns obtained Figure 3 \t�)A To Note: The full $170,215 paid out for the gun buy bank program from 2007 to 2012 was covered by funds received from the Drug Enforcement Administration. Figure 4 Audit Note: Category of weaponry received 2007 -2012 Audit Note: *Nearly 60% of money paid out went in the form of handguns V. Recommendations tb • It was noted that from the 7 locations that the gun buy -back program took place, there is great variance in how many guns are turned in. Given that every location incurs salary expense that is not reimbursed to the City from another source, we recommend that the reasonableness of continuing in a low volume location be investigated. Conversely, it may be prudent to explore the potential for alternate locations or consolidations of current locations. VI. Conclusion In total, 745 weapons were turned in and $32,065 in debit cards was issued. The City received 294 non - working /antiques at a dollar amount of $2,940, 193 rifle /shotguns at a dollar amount of $9,650, 253 handguns at a dollar amount of $18,975 and 5 assault weapons at a dollar amount of $500.00. We deem that the weapons were properly retrieved and the debit cards properly issued in accordance with procedures established for the program. FROM THE PRESIDENT OF THE COUNCIL October 2, 2012 0000 common Coultrit CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -514 :1 9/26/2012 Gerald Chwaiinski City Clerk 1308 City Hall Buffalo, NY 14202 Mr. Chwalinski: CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK Please file the following item for the upcoming meeting of the Common Council. Thank you for your assistance in this matter. Sincerely, Richard A. Fontana Council President R AF:tjo AA01 Common counrit CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 October 2, 2012 Town of Amherst 5583 Main Street Williamsville, New York 14221 Dear Councilmembers ' ,A' CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK The City of Buffalo Common Council is writing in regards the Amherst Town Board's Toll Barrier Resolution #2012 -728. The Amherst Town Board is inviting the New York State Thruway Authority Chairman to hold a board meeting at the `Buffalo Location" of the New York State Thruway Authority and around that time to meet with various impacted community's elected officials. The Amherst Town Board has also requested the New York State Thruway Authority to make available a spokesperson as well as subject matter experts on the history, current state, and future projection of the related projects to enter into a public presentation, facilitated within the Town of .Amherst and coordinated with the Councilmembers office. The City of Buffalo Common Council would like to offer this letter of support for the Amherst Town Board's Toll Barrier Resolution #2012 -728 which was unanimously approved on August 20, 2012. Respectfully submitted, ADOPTED Richard A. Fontana Council President Lovejoy District Council Member 0001() 14cw/NkE 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION To be comp leted by A 3plicant or Project Sponsor 1. APPLICANTISPONSOR 2. PROJECT NAME Kemore Englewood Associates 392 Kenmore Rezone 3. PROJECT LOCATION: Municipality Buffalo County Erie 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) The property is located on the north side of Kenmore Avenue, at the intersection with Englewood Avenue, known and addressed as 392 Kenmore Avenue. 5. PROPOSED ACTION IS: ❑✓ New ❑ Expansion Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: Rezone property from C 1, C - 2 and R - 2 to C - 1 to make the site uniform. 7. AMOUNT OF LAND AFFECTED: Initially 2.14+-1 - acres Ultimately 2 + / acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑� No If No, describe briefly The nature of the Action is to rezone the property. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential F Industrial Commercial Agriculture Park/Forest/Open Space ❑ Other Describe: The neighborhood is a mix of commercial and residential uses. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 0 Yes Fl No If Yes, list agency(s) name and permittapprovals: Recommendations from City Planning Board, Legislative Committee and County Planning Agency. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 0 No If Yes, list agency(s) name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 0✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE:BEST OF MY KNOWLEDGE Applicant/sponsor name: Q,hm fZ° Gary U,erbc„c/X q.{(q v-ey Date: z � f Signature: L. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 1 11 � PART II - IMPACT ASSESSMENT To be completed by Lead A enc A. DOES ACTT N EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ❑ Yes X No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality,: surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: A C2.. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: f" C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. f A n community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: N~ C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: J D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTREA (CEA)? 11 Yes No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. �heck this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide; on attachments s necessary, the reasons supporting this determination Nam of Lead Agency Date Print-or Type aipe of Responsi le Officer in Lead Agency tle esponsible Offi r Signature of Respo sible Officer in Lead,Agency rgna a of Preparer (If different from reapons bl officer) } } ' i„ REFERRED TO THE COMM ITTEE LEGIs� 1 I 'IT � . , ese ` , q, _ „._.'. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS October 2, 2012 It City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. It PASSED October 2 2012 M. Hoffert-Info Approving Banners Hung From Streetlight Poles Gerald A Chwalinski City Clerk I OCT 1 5 2012 00 :6 WV L 1 100 1I0Z M110 U111 a]-lIA #1,(Rev. 1193) SINGLE PAGE COMMU IC N TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 24, 2012 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Asarese Matters Community Center [: Gym Floor Reconstruction [: Job #1173 [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: hereby submit to Your Honorable Body the following changes for the Asarese Matters Community Center, Gym Floor Reconstruction, Miller Enterprises, C #93000875. While reconstructing the gym floor the bleachers were found to be structurally unstable and a safety hazard to the public. Also during reconstruction it was found that the flashing joints needed to be reconstructed so the gym floor could be properly installed. 1. Remove and dispose of existing bleachers. 2. Reconstruct roof flashing joints. Add $ 1,886.00 Add $ 2,158.00 The foregoing change results in a net increase in the contract of Four Thousand Forty Four and 001100 Dollars ($4,044.00). Summary Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $64,000.00 Add $ 4,044.00 $68,044.00 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 34323106 445100 - Buildings. SJS /PJM /JF /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E.., Title: City Engineer For: Commissioner of i rks, Parks & Streets O Signature of Department Head: Change in Contract — Asarese Matters Community Center (North) (PW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 24, 2012, 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 $4,044.00 (Current Contract Amount $64,000.00 + Change Order #1 $4,044.00 for a Total Contract Amount of $68,044.00) for the Asarese Matters Community Center, Gym Floor Reconstruction to Miller Enterprises, C #93000875. The funds are available 34323106 445100 —Buildings. Passed CMacumenis and Seningslclehner'S.ocal Settinp\Temporary Internet FileAOLMDlChange in Contract- Asarese Matters CC.doc ���SSS * AYE * NO * FONTANA * FRANCZYK * GOLOMSEK * LOCURTO * PRIDGEN RIVERA * RUSSELL SCANLON * SMITH * * * * Maj -5 2/3- G * {� 3/4- 7 � BYRON W. BROWN MAYOR 000 1 CIS" Y OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Gerald A. Chwalinski City Clerk 13 Floor City Hall Buffalo, New York 14202 Re: Common Council Approval of Banners hung from Streetlight poles Mr. Chwalinski, 941 STEVEN J. SZ'EPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER The Common Council has been regularly approving various requests to hang banners from streetlights and other City structures. These approvals are causing significant problems between citizens requesting these banners and Department of Public Works staff. More specifically, once the Common Council grants approval to hang the banner(s), Public Works becomes the enforcer of the City's "Banner Specifications" attached. These specifications specifically prohibit advertising and mandate review and approval by the Buffalo Arts Commission. Furthermore, the Council is granting approval for banners on streetlights that are shorter than 14 feet, 6 inches which is the lowest height that a banner can hang down, because it would be a traffic hazard. Most importantly, we require each streetlight pole to be inspected to be sure that it can support the additional stresses incurred with carrying a banner in varying conditions. The City of Buffalo also requires the petitioner to purchase a Liability Insurance policy in the amount of one million dollars naming the City as additionally insured. I am sure you will agree that we must strictly enforce these specifications for the safety of the citizens and the security of our City. It is for these reasons that I am requesting a modification to the process by which the Common Council approves these requests. I believe the Common Council should only approve /permit the hanging of banners after we are assured that the installations will be in compliance with our specifications. The only way this can be accomplished is through the Council referring these items to the Department of Public Works and the Buffalo Arts Commission prior to granting the requests. Sincerely, Michael Hoffert Senior Engineer RE Streetlighting V 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, NBC 14202 -3373 / (716) 851 -5636 / FAX: (716) 851 -4201 / Email: sstepniak @city- 6uffato.com BYRON W. BROWN MAYOR CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS FOR INFORMATIONAL PURPOSES ONLY STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER In order to hang a banner, you must first obtain permission from the Common Council. This can be done via a letter to the district Councilmember's office. Once permission is obtained, the following conditions must be met. 1. The banner must be made of fabric that allows air to flow through. 2. The bottom of the banner must be at least 14 feet 6 inches above the center of the street. 3. The banner must be fastened securely to the light standards. No holes shall be drilled into the light standards. 4. Exact location of the street light standards to be used must be supplied to the Street Lighting Office, room 512 City Hall for our approval. 5. Liability insurance in the amount of one million dollars to save the City harmless must be filed with the Law Department before the banner can be hung. The City, must be named "additional insured" on the policy. 6. Banner cannot be hung'from traffic signal poles. 7. The banner cannot interfere with the sight line of a traffic signal. A minimum distance of 220 feet must be maintained from intersection stop bar for banners that span the street. 8. Banner must be removed after event is-over or after a maximum time period of 3 months. 9. Banner cannot be hung in Niagara Square. 10. Note that The City of Buffalo Charter, Article 387 -5 states "It shall be unlawful for a person or corporation to place, erect or maintain a sign extending over the exterior street lines of Delaware Ave. between Niagara Square and Gates Circle, and no license therefore shall be granted." 11. The City of Buffalo - DPW does not provide hardware or labor to erect banners. All hardware must be of a commercial grade and installed in a professional manner. 12. Vertical mount banners should be limited to one side of the pole only. 13. Provide the name of the contact person in your organization who can be reached if any problems occur with the erected banners. 14. Permission to hang banners does not constitute ownership of the light pole. If all conditions set forth are not met, the city will remove the banners at your expense with the possible addition a fine being imposed. 15. For banners that span the street, you shall provide the City of Buffalo — DPW with a signed report from a licensed engineer stating that the streetlight poles involved are structurally sound so as to support the extra loads the banner.will impose. 16. Banners are not to be erected to promote private business advertising. If you have any questions, please call Katy Mann at 71'851 -5362. 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, NY 14202 -3373 / (716) 851 -5636 / FAX: (716) 851 -4201 / Email: sstepf iak ®city- buffalo.com � DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS BYRON W. BROWN MAYOR Gerald A. Chwalinski City Clerk 13 Floor City Hall Buffalo, New York 14202 Re: Common Council Approval of Banners hung from Streetlight poles Mr. Chwalinski, STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER The Common Council has been regularly approving various requests to hang banners from streetlights and other City structures. These approvals are causing significant problems between citizens requesting these banners and Department of Public Works staff. More specifically, once the Common Council grants approval to hang the banner(s), Public Works becomes the enforcer of the City's "Banner Specifications" attached. These specifications specifically prohibit advertising and mandate review and approval by the Buffalo Arts Commission. Furthermore, the Council is granting approval for banners on streetlights that are shorter than 14 feet, 6 inches which is the lowest height that a banner can hang down, because it would be a traffic hazard. Most importantly, we require each streetlight pole to be inspected to be sure that it can support the additional stresses incurred with carrying a banner in varying conditions. The City of Buffalo also requires the petitioner to purchase a Liability Insurance policy in the amount of one million dollars naming the City as additionally insured. I am sure you will agree that we must strictly enforce these specifications for the safety of the citizens and the security of our City. It is for these reasons that I am requesting a modification to the process by which the Common Council approves these requests. I believe the Common Council should only approve /permit the hanging of banners after we are assured that the installations will be in compliance with our specifications. The only way this can be accomplished is through the Council referring these items to the Department of Public Works and the Buffalo Arts Commission prior to granting the requests. Sincerely, � Michael Hoffert Senior Engineer Streetlighting 65 NIAGARA SQUARE / 502 CITY HALT. / BUFFALO, NY 14202 -3373 / (716) 851 -5636 / FAX; (716) 851 -4201 / Email: ssteprniak @city- buffalo.cam In order to hang a banner, you must first obtain permission from the Common Council. This can be done via a letter to the district Councilmember's office. Once permission is obtained, the following conditions must be met. 1. The banner must be made of fabric that allows air to flow through. 2. The bottom of the banner must be at least 14 feet 6 inches above the center of the street. 3. The banner must be fastened securely to the light standards. No holes shall be drilled into the light standards. 4. Exact location of the street light standards to be used must be supplied to the Street Lighting Office, room 605 City Hall for our approval. 5. Liability insurance in the amount of one million dollars to hold the City harmless must be filed with the Law Department before the banner can be hung. The City must be named "additional, insured" on the policy. 6. Banner cannot be hung from traffic signal poles. 7. The banner cannot interfere with the sight line of a traffic signal. A minimum distance of 220 feet must be maintained from intersection stop bar for banners that span the street. 8. Banner must be removed after event is over or after a maximum time period of 3 months. 9. Banner cannot be hung in Niagara Square. 10. Note that The City of Buffalo Charter, Article 387 -5 states "It shall be unlawful for a person or corporation to place, erect or maintain a sign extending over the exterior street lines of Delaware Ave. between Niagara Square and Gates Circle, and no license therefore shall be granted." 11. The City of Buffalo - DPW does not provide hardware or labor to erect banners. All hardware must be of a commercial grade and installed in a professional manner. 12. Vertical mount banners should be limited to one side of the pole only. 13. Provide the name of the contact person in your organization who can be reached if any problems occur with the erected banners. 14. Permission to hang banners does not constitute ownership of the light pole. If all conditions set forth are not met, the city will remove the banners at your expense with the possible addition a fine being imposed. 15. For banners that span the street, you shalt provide the City of Buffalo - DPW with a signed report from a licensed engineer stating that the streetlight poles involved are structurally sound so as to support the extra loads the banner will impose. 16. Banners are not to be erected to promote private business advertising. If you have any questions, please call. Katy ;Mann!at 716 -5362. 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, IFFY 14202 -3373 / (716) 851 -5636 / FAX: (716) 851 -4201 / Email: sstepaiak @city- buffalo.com 0001 3 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 17, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation SUBJECT: [: Notification of [: NYS DEC Permit for [: USACE to Implement Pesticide [: Control of an Aquatic Pest [: at Times Beach PRIOR COUNCIL REFERENCE: (IF ANY) [: The Department of Public Works, Parks and Streets is hereby notifying Your Honorable Body that this department has authorized the New York State Department of Environmental Conservation to permit the United States Army Corps of Engineers to implement a pesticide control plan of an aquatic pest at Times Beach. A copy of the implementation plan is attached. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew R. Rabb, Deputy Commissioner Peter J. Merlo, City Engineer RECEIVED AND FILED �3 August 15, 2012 Steven Stepniak Buffalo -- Department of Public Works, Parks 502 City Hall Buffalo, NY 14202 L� RE: Riparian Owner Notification Letter for Permit to Use a Pesticide for the Control of an Aquatic Pest at Times Beach, Buffalo, NY Dear Mr, Stepniak, To control the excessive growth Japanese knotweed (Polygonum cuspidatum), mugwort (Arten isia vulgaris), and common buckthorn (Rhamnus cathartica) at Times Beach, Buffalo, NY as pail of the Invasive Species Control and Management Demonstration Project, the U.S. Army Corps of Engineers (USACE), Buffalo District, proposes to conduct an application of the following aquatic herbicide(s): triplopyr (Garlon 3A). This herbicide is being applied to improve and restore wetland and associated upland habitat at Times Beach for both native plant species and local wildlife species, as the existing habitat has been degraded by invasive species and is not providing the full range of functions and benefits. A copy of the aquatic herbicide label has been attached to this notice. We anticipate the treatment to occur on a series of days between late August and late September and will proceed only after the USACE obtains a permit for the treatment from the DEC. This pesticide application will only occur if sufficient aquatic vegetation is present to warrant treatment and under favorable weather conditions. Prior notification of the exact dates of treatment will be provided by mail. As an affected riparian owner /user, you have the right to consent or object to the restrictions of water use resulting from the proposed treatment. The water use restrictions associated with use of the above pesticides are checked below: - and bathing are prohibited for 3 hours after Garton 3A application Fishing and/or fish consumption is prohibited for Livestock watering is prohibited for ✓Irrigation or spraying of agricultural crops is prohibited for 120 hours with Garton 3A; however, no irrigational use exists at Times Beach. Use of water for human consumption is prohibited for Use of water for domestic purposes is prohibited for Other You have twenty -one (21) days to respond to this notice. If you wish to object to the proposed treatment(s), please file a written document stating your objection to the proposed treatment and the water use restrictions resulting from the treatment. Send your comments to the person listed below: Brad Brown NYS Department of Environmental Conservation Region 9 270 Michigan Ave. Buffalo, NY 14203 -2999 (716) 851 -7220 If you wish further information about the treatment, or wish information on the exact dates of the pesticide application, please contact the following person: Name of Contact Person: Kris Erickson, Ecology and Environment Telephone Number: (716) 684 -8060 Hours Contact Person is Available: 9 -5 If you do not respond to this notice, your lack of response will be considered to be consent to the proposed treatment. If you have any questions on the permitting process, please contact the Department representative listed above. If you have questions regarding the project itself, please contact Kris Erickson at (716) 684 -8060 or kerickspn @ene.com Sincerely, Kris Erickson Ecology and Environment, inc. Enclosures a. p 4 Specimen Label Dow AgroSciences Precautionary Statements Hazard to Humans and Domestic Animals Corrosive • Causes Irreversible Eye Damage - Harmful If Swallowed Or Absorbed Through Skin - Prolonged Or Frequently Repeated Skin Contact May C a u se Allergic Reaction In Some Individuals Gra °i *Trademark of Dow AgroSciences LLC For the control of woody plants, broadleaf weeds and vines in forests and industrial non -crop areas, including manufacturing and storage sites, rights -of- way such as electrical power lines, communication lines, pipelines, roadsides, railroads, fence rows, non - irrigation ditch banks, and around farm buildings; including application to grazed areas, and establishment and maintenance of wildlife openings on these sites, and in Christmas tree plantations. Use within production forests and industrial non -crop sites may include applications to control target vegetation in and around standing water sites, such as marshes, wetlands, and the banks of ponds and lakes. Active Ingredient: triclopyr: 3,5,6-trichloro- 2- pyridinyloxyacetic acid, triethylamine salt ...................... ............................... 44,4% Inert Ingredients ....................................... .. ..................... I .... ... 55.5% Total............................. . .......................... ............................... 100.0% Acid equivalent: triclopyr - 31.8% - 3 lb/gal EPA Reg. No. 62719 -37 Keep Out of Reach of Children DANGER PELIGRO Si usted no entiende la otiqueta, busque a alguien para que se la explique a fasted en detalle. (If you do not understand the label, find someone to explain it to you in detail.) Do not get In eyes or on skin or clothing. Personal Protective Equipment (PPE) Applicators and other handlers must wear: • Long - sleeved shirt and long pants • Shoes plus socks • Protective eyewear • Chemical resistant gloves (�: 14 mils) such as butyl rubber, natural rubber, neoprene rubber or nitrile rubber Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate. Do not reuse them. Follow manufacturer's instructions for cleaninglmaintaining PPE. It no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. Engineering Controls When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in the WPS (40 CFR 170.240(d)(4 -6), the handler PPE requirements may be reduced or modified as specified in the WPS. User Safety Recommendations Users should: • Wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing. First Aid If in eyes: Hold eye open and rinse slowly and gently with water for 15 -20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. If on skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15 -20 minutes. Call a poison control center or doctor for treatment advice. If swallowed: Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. no not induce vomiting unless told to do so by a poison control center or doctor. Do not give anything by mouth to an unconscious person. Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1- 800 - 992 -5994 for emergency medical treatment information. - Note to Applicator: Allergic skin reaction is not expected from exposure to spray mixtures of Garlon 3A herbicide when used as directed. Note to Physician: Probable mucosal damage may contraindicate the use of gastric lavage. Specialty Herbicide 4 Environmental hazards Do not contaminate water when cleaning equipment or disposing of equipment washwaters. Linder certain conditions, treatment of aquatic weeds can result in oxygen depletion or loss due to decomposition of dead plants which may contribute to fish suffocation: This loss can cause fish suffocation. Therefore, to minimize this hazard, do not treat more than one -third to one -half of the water area in a single operation and the shore and,proceed outwards in bands to allow fish to move into untreated areas. Consult with the State agency for fish and game before applying to public Water to determine if a permit is needed. This chemical has properties and characteristics associated with chemicals detected in groundwater. The use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in groundwater contamination. Physical or Chemical Hazards Combustible. Do not use or store the product near heat or open flame: Notice: Read the entire label. Use only according to label directions. Before using this product, read Warranty Disclalmer, Inherent Risks of Use, and Limitation of Remedies elsewhere on this label. If terms are unacceptable, return at once unopened. In case of emergency endangering health or the environment involving this product, call 1 -800 -992 -5994. If you wish to obtain additional product information, visit our web site at www.dowagro.com. Agricultural Chemical: Do not ship or store with food, foods, drugs or clothing. Directions for Use It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Read all Directions for Use carefully before applying. Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your state or tribe, consult the agency responsible for pesticide regulation Agricultural Use Requirements Use this product only in accordance with its labeling and with the Worker protection Standard, 40 CFR part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective. equipment (PPE=), and restricted -entry interval. The requirements in this box only apply to uses of this product that are covered by the Wofker Protection Standard. not enter or allow worker entry into treated areas during the restricted y interval (REI) of 48 hours. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, is: • Coveralls • Shoes plus socks • Protective eyewear • Chemical- resistant gloves (�j 14 mils) such as butyl rubber, natural rubber, neoprene rubber or nitrfle rubber Non- Agricultural Use Requirements The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for Agricultural Pesticides (40 CFR Part 170). The WPS applies when this product is used to produce agricultural plants on farms, forests, nurseries, or greenhouses. Entry Restrictions for Non -WPS Uses: For applications to non- cropland areas, do not allow entry into areas until sprays have dried, unless applicator and other handler PPE is worn. Storage and Dlisposal Do not contaminate water, food, or feed py storage and disposal. Open dumping is prohibited. Pesticide Storage: Store above 28 °F or agitate before use. Pesticide Disposal: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. Container Disposal for Refillable Containers: Seal all openings which have been opened during use. Return the empty container to a collection site designated by Dow AgroSciences. if the container has been damaged and cannot be returned according to the recommended procedures, contact Dow AgroSciences Customer Service Center at 1- 800 -258 -1470 to obtain proper handling instructions, Container Disposal (Metal): Do not reuse container. Triple rinse (of equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or by other procedures approved by state and local authorities, Container Disposal (Plastic): Do not reuse container. Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. General: Consult federal, state, or local disposal authorities for approved 2 Specimen Label Revised 03 -19 -03 f r \ Vn General Information for Production Forests and Precautions for Potable water Intakes for Industrial Non -Crop Areas Emerged Aquatic Weed Control Garton' 3A specialty herbicide is recommended for the control of woody plants, broadleaf weeds and vines in forests and industrial non -crop areas including manufacturing and storage sites, rights -of -way such as electrical power lines, eommumiration lines. pipelines, railroads, fence rows, non - irrigation ditch banks, and around farm buildings, including application to grazed•areas, and establishment and maintenance of wildlife openings on these sites, and in Christmas tree plantations. Use within production forests and industrial non -crop sites may include applications to control target vegetation in and around standing water sites, such as marshes, wetlands, and the banks of ponds and lakes. Obtain Required Permits: Consult with appropriate state or local water authorities before applying this product to public waters. Slate or local public agencies may require permits. General Use Precautions and Restrictions In Arizona: The state of Arizona has not approved Garton 3A for use on plants grown for commercial production, specifically forests grown for commercial timber production, or on designated grazing areas. When applying this product in tank mix combination, follow all applicable use directions, precautions and limitations on each manufacturer's label. Ghemigation: Do not apply this product through any type of irrigation system. Do not apply Garton 3A directly to, or otherwise permit it to come into direct contact with grapes, tobacco, vegetable crops, flowers, or other desirable broadleaf plants, and do not permit spray mists containing it to drift into them, It is permissible to treat non - irrigation ditch banks, seasonally dry wetlands (such as flood plains, deltas, marshes, swamps, or bogs) and transitional areas between upland and lowland sites. • Do not apply to salt water bays or estuaries. • Do not apply directly to un- Impounded rivers or streams. • Do not apply on ditches or canals used to transport irrigation water. It is permissible to treat non - irrigation ditch banks. • Do not apply where runoff water may flow onto agricultural land as injury to crops may result. • When making applications to control unwanted plants on banks or shorelines of moving water sites, minimize overspray to open water. • The use of a mistblower is not recommended. • Apply no more than 2 Ito ae of triclopyr (213 gallon of Garton 3A) per acre per growing season on range and pasture sites, including rights - of -way, fence rows or any area where grazing or harvesting is allowed. • On forestry sites, Garton 3A may be used at rates up to 6 lb ae of triclopyr (2 gallons of Garton 3A) per acre per year. + For all terrestrial use sites other than range, pasture, forestry sites, and grazed areas, the maximum application rate is 9 lb ae of triclopyr (3 gallons of Garton 3A) per acre per year. Sao chart below for specific setback distances near functioning potable water intakes. Note: Existing potable water intakes which are no longer in use, such as those replaced by potable water wells or connections to a municipal water system, are not considered to be functioning potable water intakes. These sulback ieslidutions do not apply to terrestried applications made adjacent to potable water intakes. To apply Garton 3A around and within the distances noted above from a functioning potable water intake, the intake must be turned off until the triclopyr level in the intake water is determined to be 0.4 parts per million (ppm) or less by laboratory analysis or immunoassay. • Recreational Use of Water in Treatment Area: There are no restrictions on use of water in the treatment area for recreational purposes, including swimming and fishing. • Livestock Use of Water from Treatment Area: There are no restrictions on livestock consumption of water from the treatment area. Grazing and Haying Restrictions Except for lactating dairy animals, there are no grazing restrictions following application of this product. • Grazing Lactating Dairy Animals: Do not allow lactating dairy animals to graze treated areas until the next growing season following application of this product. • Do not harvest hay for 14 days after application. • Grazed areas of non - cropland and forestry sites may be spot treated €f they comprise no more than 1'0% of the total grazable area, Slaughter Restrictions: During the season of application, withdraw livestock from grazing treated grass at least 3 days before slaughter. Avoiding Injurious Spray Drift Applications should be made only when there is little or no hazard from spray drift. Very small quantities of spray, which may not be visible, may seriously injure susceptible plants. Do not spray when wind is blowing toward susceptible crops or ornamental plants near enough to be injured. It is suggested that a continuous smoke column at or near the spray site or a smoke generator on the spray equipment be used to detect air movement, lapse conditions, or temperature inversions (stable air). If the smoke layers or indicates a potential of hazardous spray drift, do not spray. Specimen Label Revised 03 -19 -03 Garton 3A Application Rate, qt/acre Area Treated 2 gitlacre 4 tlacre 6 ggcre 1 8 qt/acre acres Setback Distance ft 4 0 200 400 500 n4 - 8 1 0 200 700 900 >8 -16 0 200 700 1000 X16 0 200 900 1300 To apply Garton 3A around and within the distances noted above from a functioning potable water intake, the intake must be turned off until the triclopyr level in the intake water is determined to be 0.4 parts per million (ppm) or less by laboratory analysis or immunoassay. • Recreational Use of Water in Treatment Area: There are no restrictions on use of water in the treatment area for recreational purposes, including swimming and fishing. • Livestock Use of Water from Treatment Area: There are no restrictions on livestock consumption of water from the treatment area. Grazing and Haying Restrictions Except for lactating dairy animals, there are no grazing restrictions following application of this product. • Grazing Lactating Dairy Animals: Do not allow lactating dairy animals to graze treated areas until the next growing season following application of this product. • Do not harvest hay for 14 days after application. • Grazed areas of non - cropland and forestry sites may be spot treated €f they comprise no more than 1'0% of the total grazable area, Slaughter Restrictions: During the season of application, withdraw livestock from grazing treated grass at least 3 days before slaughter. Avoiding Injurious Spray Drift Applications should be made only when there is little or no hazard from spray drift. Very small quantities of spray, which may not be visible, may seriously injure susceptible plants. Do not spray when wind is blowing toward susceptible crops or ornamental plants near enough to be injured. It is suggested that a continuous smoke column at or near the spray site or a smoke generator on the spray equipment be used to detect air movement, lapse conditions, or temperature inversions (stable air). If the smoke layers or indicates a potential of hazardous spray drift, do not spray. Specimen Label Revised 03 -19 -03 Aerial Application: For aerial application on rights -of -way or other areas Controlling Droplet Size: near susceptible crops, apply through a Microfoflt or Thru -Valve boomt, • Volume - Use high flow rate nozzles to apply the highest practical or use an agriculturally labeled drift control additive. Other drift reducing spray volume. Nozzles with higher rated flows prod_ uce larger systems or thickened sprays prepared by using high viscosity inverting droplets, systems may be used if they are made as drift -free as mixtures + Pressure - Do not exceed the nozzle manufacturer's recommended containing agriculturally labeled thickening agents or applications pressures. For many nozzle types, lower pressure produces larger made with the Microfoil or Thru -Valve boom. Keep spray pressures droplets, When higher flow rates are needed, use higher flow rate low enough to provide coarse spray droplets. Spray boom should be nozzles instead of increasing pressure, no longer than 314 of the rotor length. Do not use a thickening agent • Number of Nozzles - Use the minimum number of nozzles that with the Microfoil or Thru -Valve booms, or other systems that cannot provide uniform coverage. accommodate thick sprays. Spray only when the wind velocity is low • Nozzle Orientation - Orienting nozzles so that the spray is released (follow state regulations). Avoid application during air inversions. If a parallel to the airstream produces larger droplets than other spray thickening agent is used, follow all use recommendations and orientations and is the recommended practice. Significant deflection precautions on the product label, from horizontal will reduce droplet size and increase drift potential. • Nozzle T e • Use a nozzle t th f ' d ' t Reference within this label to a particular piece of equipment produced by or available from other parties is provided without consideration for use by the reader at its discretion and subject to the reader's independent circumstances, evaluation, and expertise. Such reference by flow AgroSciences is not intended as an endorsement of such equipment, shall not constitute a warranty (express or implied) of such equipment, and is not intended to imply that other equipment is not available and equally suitable. Any discussion of methods of use of such equipment does not imply that the reader should use the equipment other than is advised in directions available from the equipment's manufacturer. The reader Is responsible for exercising its own judgment and expertise, or consulting with sources other than Dow AgroSciences, in selecting and determining how to use its equipment, Spray Drift Management Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of many equipment and weather related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions. The following drift management requirements must be followed to avoid off - target drift movement from aerial applications: 1. The distance of the outer most operating nozzles on the boom must not exceed 3/4 the length of the rotor. 2. Nozzles must always point backward parallel with the air stream and never be pointed downwards more than 45 degrees. Where states have more stringent regulations, they should be observed. The applicator should be familiar with and take into account the information covered in the following Aerial Drift Reduction Advisory, [This information is advisory in nature and does not supersede mandatory label requirements.] Aerial Drift Reduction Advisory Information on Droplet Size: The most effective way to reduce drift potential is to apply large droplets. The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control. Applying larger droplets reduces drift potential, but will not prevent drift if applications are made improperly, or under unfavorable environmental conditions (see Wind, Temperature and Humidity, and Temperature Inversions). Ty ype a Is esigned for the Intended application. With most nozzle types, narrower spray angles produce larger droplets, Consider using low -drift nozzles. Solid stream nozzles oriented straight back produce the largest droplets and the lowest drift. Boom Length: For some use patterns, reducing the effective boom length to less than 314 of the wingspan or rotor length may further reduce drift without reducing swath width. Application Height: Applications should not be made at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft salety. Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment: When applications are made with a crosswind, the swath will be displaced downwind. Therefore, on the up and downwind edges of the field, the applicator must compensate for this displacement by adjusting the path of the aircraft upwind. Swath adjustment distance should increase, with increasing drift potential (higher wind, smaller drops, etc.). Wind: drift potential is lowest between wind speeds of 2 -10 mph. However, many factors, including droplet size and equipment type, determine drift potential at any given speed. Application should be avoided below 2 mph due to variable wind direction and high inversion potential. Note: Local terrain can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect spray drift, Temperature and Humidity: When making applications in low relative humidity, set up equipment to produce larger droplets to compensate for evaporation. Droplet evaporation is most severe when conditions are both hot and dry. Temperature Inversions: Applications should not occur during a local, low level temperature inversion because drift potential is high. Temperature inversions restrict vertical air mixing, which causes small suspended droplets to remain in a concentrated cloud. This cloud can move in unpredictable directions due to the light variable winds common during inversions. Temperature inversions are characterized by increasing temperatures with altitude and are common on nights with limited cloud cover and light to no wind. They begin to form as the sun sets and often continue into the morning. Their presence can be indicated by ground fog; however, if foq is not present, inversions can also be identified by the movement of the smoke from a ground source or an aircraft smoke generator. Smoke that layers and moves laterally in a concentrated cloud (under low wind conditions) indicates an inversion, while smoke that moves upward and rapidly dissipates indicates good vertical air mixing. 4 Specimen Label Revised 03 -19 -03 - �J Sensitive Areas: The pesticide should only be applied when the potential for drift to adjacent sensitive areas (e.g., residential areas, bodies of water, known habitat for threatened or endangered species, non - target crops) is minimal (e.g., when wind is blowing away from the sensitive areas). Ground Equipment: To aid in reducing spray drift, Garton 3A should be used in thickened (high viscosity) spray mixtures using an agriculturally labeled drift control additive, high viscosity invert system, or equivalent as directed by the manufacturer. With ground equipment, spray drift can be reduced by keeping the spray boom as low as possible; by applying 20 gallons or more of spray per acre; by keeping the operating spray pressures at the lower end of the manufacturer's recommended pressures for the specific nozzle type used (low pressure nozzles are available from spray equipment manufacturers); and by spraying when wind velocity is low (follow state regulations). In hand -gun applications, select the minimum spray pressure that will provide adequate plant coverage (without forming a mist). Do not apply with nozzles that produce a fine - droplet spray. High Volume Leaf -Stem Treatment: To minimize spray drift, do not use pressure exceeding 50 psi at the spray nozzle and keep sprays no higher than brush tops. An agriculturally labeled thickening agent may be used to reduce drift. Plants Controlled by Garcon 3A Woody Plant Species alder Douglas -fir poplar arrowwood dogwood salt -bush (Baccharis spp.) ash elderberry sassafras aspen elm scotch broom bear clover (bearmat) gallberry sumac beech hazel sweetbay magnolia birch hornbean sweetgum blackberry kudzuf sycamore blackgum locust tanoak Brazilian pepper madrone thimbleberry cascara maples tulip poplar ceanothus mulberry waxmyrtle cherry oaks western hemlock chinquapin persimmon wild rose choke cherry pine willow cottonwood poison ivy winged elm crataegus (hawthorn) poison oak salmonberry 'For complete control, retreatment may be necessary. Annual and Perennial Broadleaf Weeds bindweed dandelion ragweed burdock field bindweed smartweed Canada thistle lambsquarter tansy ragwort chicory plantain vetch curly dock Purple loosestrife wild lettuce Application Methods Use Garton 3A at rates of 314 to 9 lb ao of triclopyr (114 to 3 gallons of Garton 3A) per acre to control broadleat weeds and woody plants. In all cases use the amount specified in enough water to give uniform and complete coverage of the plants to be controlled_ . Use only water suitable recommended for all foliar applications, When using surfactants, follow the use directions and precautions listed on the surfactant manufacturer's label. Use the higher recommended concentrations of surfactant in the spray mixture when applying lower spray volumes per acre. The recommended order of addition to the spray tank is water, spray thickening agent (If used), additional herbicide (it used), and Garton 3A. Surfactant should be added to the spray tank last or as recommended on the product label. If combined with emulsifiable concentrate herbicides, moderate continuous adequate agitation is required. Before using any recommended tank mixtures, read the directions and afl use precautions on both labels. For best results, applications should be made when woody plants and weeds are actively growing. When hard to control species such as ash, blackgum, choke cherry, elm, maples, oaks, pines, or winged elm are prevalent and during applications made in late summer when the plants are mature and during drought conditions, use the higher rates of Garton 3A alone or in combinations with Tordon" 101 Mixture herbicide. (Tordon 101 Mixture is a restricted use pesticide. See product label.) When using Garton 3A in combination with 2,4 -D 3.6 lb amine, like DMA 4 IVM, or low volatile ester herbicides, generally the higher rates should be used for satisfactory brush control, Use the higher dosage rates when brush approaches an average of 15 feet in height or when the brush covers more than 60% of the area to be treated. If lower rates are used on hard to control species, resprouting may occur the year following treatment. On sites where easy to control brush species dominate, rates less than those recommended may be effective. Consult State or Local Extension personnel for such information. Foliage Treatment With Ground Equipment High Volume Foliage Treatment For control of woody plants, use Garton 3A at the rate of 3 to 9 lb ae of triclopyr (1 to 3 gallons of Garton 3A) per 100 gallons of spray solution, or Garton 3A at 314 to 31b ae of triclopyr (1 to 4 quarts of Garton 3A) may be tank mixed with 114 to 112 gallons of 2,4 -D 3.8 lb amine, like DMA 4 IVM, or low volatile ester or Tordon 101 Mixture and diluted to make 100 gallons of spray solution. Apply at a volume of 100 to 400 gallons of total spray per acre depending on size and density of woody plants. Coverage should be thorough to wet all leaves, stems, and root collars. (See General Use Precautions and Restrictions.) Do not exceed maximum allowable use rates per acre (see table below). 5 Specimen Label Revised 03 -19 -03 Maximum Labeled Rate versus Spray Volume per Acre Total Spray Volume Maximum Rate of Garlon 3A Rangeland and Pasture Sltes (ga1/100 gal_ - _ . .._ -of _s ra. ....._ Forestry Sites" _ (ga11100 gal ...of spray)__ - Other Non - Cropland Sites (50111 - 00 gal . . .... ofspray. al/acre 400 Do not use 0.5 0.75 300 Do not use 0.67 1 200 Do not use 1 1.5 100 047 2 3 50 1.33 4 6 40 1.67 5 7.5 30 2.33 6.65 10 20 3.33 10 15 10 6.67 20 30 t Do not exceed the maximum use rate of 21b ae of triclopyr (213 gal of Garlon 3A)lacre /year. rr Do not exceed the maximum use rate of 6 lb ae of triclopyr (2 gal of Garlon 3A)lacrelyear. ' Do not exceed the maximum use rate of 9 lb ae of triclopyr (3 gal of Garlon 3A)lacrelyear on non - cropland use sites other than rangeland, pasture, forestry, and grazed areas. Low Volume Foliage Treatment To control susceptible woody plants, apply up to 15 lb ae of triclopyr (5 gallons of Garlon 3A) in 10 to 100 gallons of finished spray. The spray concentration of Garlon 3A and total spray volume per acre may be adjusted according to the size and density of target woody plants and kind of spray equipment used. With low volume sprays, use sufficient spray volume to obtain uniform coverage of target plants including the surfaces of all foliage, stems, and root collars (see General Use Precautions and Restrictions). For best results, a surfactant should be added to all spray mixtures. Match equipment and delivery rate of spray nozzles to height and density of woody plants. When treating tall, dense brush, a truck mounted spray gun with spray tips that deliver up to 2 gallons per minute at 40 to 60 psi may be required. Backpack or other types of specialized spray equipment with spray tips that deliver less than 1 gallon of spray per minute may be appropriate for short, low to moderate density prush, Tank Mixing: As a low volume fol €ar spray, up to 9 lb ae of triclopyr (3.gallons of Garlon 3A) may be applied in tank mix combination with 112 to 1 gallon of Tordon K or 1 to 2 gallons of Tordon 101 in 10 to 100 gallons of finished spray. Broadcast Applications With Ground Equipment Make application using equipment that will assure uniform coverage of the spray volumes applied. To improve spray coverage, add an agriculturally labeled non -ionic surfactant as described later under Directions for Use. See Maximum Labeled Rate versus Spray Volume per Acre table above for relationship between mixing rate, spray volume and maximum application rate. Woody Plant Control Foliage Treatment: Use 6 to 9 lb se of triclopyr (2 to 3 gallons of Garlon 3A) in enough water to make 20 to 100 gallons of total spray per acre or 1 112 to 3 lb as of triclopyr (112 to 1 gallon of Garlon 3A) may be combined with 1 to 2 gallons of 2,4-D 3.8 lb amine, like DMA 4 IVM, or low volatile esters or Tordon 101 Mixture in sufficient water to make 20 to 100 gallons of total spray per acre. Broadleaf Weed Control Use Garlon 3A at rates of 1 to 4 112 lb as of triclopyr (1 /3 to 1 112 gallons of Garton "3A) in a total Volume of 20 to OO gallons of water per acre. " triclopyr (1/3 to 1 gallon of Garlon 3A) may be tank mixed with 112 to 1 gallon of Tordon K, Tordon 101 Mixture or 2,4 -D 3.8 lb amine, like DMA 4 IVM, or low volatile herbicides to improve the spectrum of activity Aerial Application (Helicopter Only) Aerial sprays should be applied using suitable drift control. (See General Use Precautions and Restrictions.) Add an agriculturally labeled non- ionic surfactant as described under Directions for Use. See Maximum Labeled Rate versus Spray Volume per Acre table above for relationship between mixing rate, spray volume and maximum application rate. Foliage Treatment (Non - Grazed Rights -of -Way) Non- grazed areas: Use 6 to 9 lb as of triclopyr (2 to 3 gallons of Garlon 3A) or 3 to 4112 lb ae of triclopyr (1 to 1 112 gallons of Garlon 3A) in a tank mix combination with 1 to 2 gallons of 2,4 -D 3.8 lb amine, like DMA 4 IVM, or low volatile esters or Tordon 101 Mixture, and apply in a total spray volume of 10 to 30 gallons per acre. Use the higher rates and volumes when plants are dense or under drought conditions. Interspersed areas in non- grazed rights -of -ways that may be subject to grazing may be spot Treated if the treated area comprises no more than 10% of the total grazable area. Forest Management Applications For best control from broadcast applications of Garlon 3A, use a spray volume which will provide thorough plant coverage. Recommended spray volumes are usually 10 to 25 gallons per acre by air or 10 to 100 gallons per acre by ground. To improve spray coverage of spray volumes less than 50 gallons per acre, add an agriculturally labeled non- ionic surfactant as described under Directions for Use. Application systems should be used to prevent hazardous drift to off - target sites. Nozzles or additives that produce larger droplets of spray may require higher spray volumes to maintain brush control. Forest Site Preparation (Not for Conifer Release) Use up to 6 lb as of triclopyr (2 gallons of Garlon 3A) and apply in a total spray volume of 10 to 30 gallons per acre or Garlon 3A at 3 to 4 112 lb ae of tr €clapyr (1 to 1 112 gallons of Garton 3A) may be used with 1 to 2 gallons of Tordon 101 Mixture or 2,4 -0 3.8 lb low volatile ester in a tank mix combination in a total spray volume of 10 to 30 gallons per acre. Use of a non -ionic agricultural surfactant is recommended for all fol €ar applications as described under Directions for Use. Note: Conifers planted sooner than one month after treatment with Garlon 3A at less than 4 lb ae of triclopyr (1 113 gallons of Garton 3A) per acre or sooner than two months after treatment at 4 to 9 lb as of triclopyr (1 113 to 3 gallons of Garlon 3A) per acre may be injured. When tank mixtures of herbicides are used for forest site preparation, labels for all products in the mixture should be consulted and the longest recommended wailing period before planting observed. Specimen Label Revised 03 -19 -03 Directed Spray Applications for Conifer Release With Tree Injector Method To release conifers from competing hardwoods such as red maple, sugar Applications should be made by injecting 112 milliliter of undiluted maple, striped maple, sweetgum, red and white oaks, ash, hickory, alder, Garlon 3A or 1 milliliter of the diluted solution through the bark at intervals birch, aspen, and pin cherry, mix 3 to 6 lb ae triclopyr (1 to 2 gallons of of 3 to '4 inches between centers of the injector wound. The injections Garton 3A) in enough water to make 100 gallons of spray mixture. To should completely surround the tree at any convenient height, Note: No -- improve spay coverage; add - an - agricultGrally la beled rion =ionic surfactant Worker Protection Standard worker entry restrictions or worker - - - - fo, ........ dusur bed _........ _ ecllo _ s ' directed onto foliage of competitive hardwoods using knapsack or directly into plants. backpack sprayers with flat fan nozzles or equivalent any time after hardwoods have reached full leaf size, but before autumn coloration. With Hack and Squirt Method The majority of treated hardwoods should be less than 6 feet in height to Make cuts with a hatchet or similar equipment at intervals of 3 to 4 inches ensure adequate spray coverage. Care should be taken to direct spray away from contact with conifer foliage, particularly foliage of desirable between centers at a convenient height around the tree trunk. Spray pines. t/2 milliliter of undiluted Garlon 3A or 1 milliliter of the diluted solution into each cut. Note: Spray may cause temporary damage and growth suppression where contact with conifers occurs; however, injured conifers should recover and grow normally. Over -the -top spray applications can kill pines. With t=rill or Girdle Method Make a single girdle through the bark completely around the tree at a convenient height. Wet the cut surface with undOused or diluted solution Broadcast Application for Conifer Release in the Northeastern United States To release spruce, fir, red pine and white pine from competing hardwoods, such as red maple, sugar maple, striped maple, alder, birch (white, yellow or gray), aspen, ash, pin cherry and Rubus spp. and perennial and annual broadleaf weeds, use Garlon 3A at rates of 1 112 to 3 lb ao triclopyr (2 to 4 quarts of Garton 3A) per acre alone or plus 2,4 -D amine, like DMA 4 IVM, or 2,4 -D ester to provide no more than 4 pounds acid equivalent per acre from both products. Applications should be made in late summer or-early fall after conifers have formed their over wintering buds and hardwoods are in full leaf and prior to autumn coloration. Broadcast Applications for Douglas Fir Release In the Pacific Northwest and California To release Douglas fir from susceptible competing vegetation such as broadleaf weeds, alder, blackberry or Scotch broom, apply Garlon 3A at 1 to 1 1/2 lb ae triclopyr (1 113 to 2 quarts of Garlon 3A) per acre alone or in combination with 4 lb per acre of atrazine. Mix all sprays in a water carrier with a non -ionic surfactant. Applications should be made in early spring after hardwoods begin growth and before Douglas fir bud break ( "early foliar" hardwood stage) or after Douglas fir seasonal growth has "hardened off" (set winter buds) in late summer, but while hardwoods are still actively growing. When treating after Douglas fir bud set, apply prior to onset of autumn coloration in hardwood foliage. Note: Treatments applied during active Douglas fir shoot growth (after spring bud break and prior to bud set) may cause injury to Douglas fir trees. Cut Surface Treatments To control unwanted trees of hardwood species such as elm, maple, oak and conifers in rights -of -way and other non -crop areas, apply Garcon 3A, either undiluted or diluted in a 1 to 1 ratio with water, as directed below. Both of the above methods may be used successfully at any season except during periods of heavy sap flow of certain species - for example, maples. Stump Treatment Spray or paint the cut surfaces of freshly out stumps and stubs with undiluted Garlon 3A. The cambium area next to the bark is the most vital area to wa1. Christmas Tree Plantations Garlon 3A is recommended for the control of woody plants and annual and perennial broadleaf weeds in established Christmas tree plantations. Far best results, applications should be made when woody plants and weeds are actively growing. Garlon 3A does not control weeds which have not emerged at the time of application. If lower rates are used on hard to control woody species, resprouting may occur the year following. treatment. Brush over B feet tall Is difficult to treat efficiently using hand equipment such as backpack or knapsack sprayers. When treating large brush or trees or hard to control species such as ash, blackgum, choke cherry, elm, hazel, madrone, maples, oaks or sweetgum, and for applications made during drought conditions or in Tale summer when the leaves are mature, use the higher rates of Garlon 3A or use cut surface application methods. For foliar applications, apply in enough water to give uniform and complete coverage of the plants to be controlled. Applications made under drought conditions may provide less than desirable results. Use Precautions • Do not use on newly seeded grass until well established as indicated by vigorous growth and development of secondary root system and tillering • Newly seeded turf (alleyways, etc.) should be mowed two or three times before any treatment with Garlon 3A. Do not reseed Christmas tree areas treated with Garlon 3A for a minimum of three weeks after application. Do not use Garlon 3A if legumes, such as clover, are present and injury cannot be tolerated. Specimen Label Revised 03 -19 -03 Spray Preparation The recommended order of addition to the spray tank is water, drift control agent (if used), non -ionic agricultural surfactant and Garcon 3A. Continue moderate agitation while mixing and spraying. Use of a non- ionic agrlcultural surfactant is recommended for all applications. When -- u sing - surfactants; follow directions andprecautions listed on the _.____._..- - . surfactant in the spray mixture when applying lower spray volumes per acre. Application Make applications in late summer or early autumn after terminal growth of Christmas trees has hardened of, but before leaf drop of, target weeds. Apply at a rate of 314 to 1 314 lb as triclopyr (2 to 5 pints of Garlon 3A) per acre as a foliar spray directed toward the base of Christmas trees. Use sufficient spray volume to provide uniform coverage of target plants (20 to 100 gallons per acre). Do not apply with 2,4 -D. Application rates of Garlon 3A recommended for Christmas trees will only suppress some well established woody plants that are greater than 2 to 3 years old (see table below). Broadcast sprays may also be applied in bands between the rows of planted trees. Use spray equipment that will assure uniform coverage of the desired spray volume. Spray solution from Garlon 3A can cause needle and branch injury to Christmas trees. To minimize injury to Christmas trees, it is recommended that sprays be directed so as to minimize contact with foliage. Blue spruce, white spruce, balsam fir and Frasier fir are less susceptible to injury than white pine and Douglas fir. Restriction: Apply Garlon 3A only to established Christmas trees that were planted at least one full year prior to application. Application Rates and Species Controlled: Garlon 3A 2 pints /acre 3 to 4 pintslacre 5 pints /acre 314 lb ae triclo r 1 112 lb as triclo r 1 314 lb ae triclo r clover bindweed, field (TG) arrowwood (SDL) dandelion blackberry' aspen dock, curly chicory (s) beech (SDL) lambsquarters fireweed birch (SDL) lespedeza ivy, ground chinquapin plantain, broadleaf lettuce, wild cottonwood (SDL) plantain, buckhorn oxalis elderberry ragweed, common poison ivy grape, wild vetch smartweed (TG) mulberry (SDL) thistle, Canada (TG) poplar (SDL) violet, wild sassafras (SDL) Virginia creeperf sumac (SDL) [ sycamore SDL (TG) Top growth control, retroatment may be necessary (S) Suppression (SDL) Seedlings less than 2 -3 years old t Use 4 pint per acre rate Directed Applications To control hardwoods such as red maple, sugar maple, striped maple, sweetgum, red and white oaks, ash, alder, birch, aspen, and pin cherry mix 4 to 20 fluid ounces of Garton 3A in enough water to make 3 gallons of spray mixture. For directed applications, do not exceed 6 lb as tdclopvr (2 Qallons of Garlon 3A) per acre ber bear. To fmorow mixture should be directed onto foliage of competitive hardwoods using knapsack or backpack sprayers with flat fan nozzles or equivalent any time after hardwoods have reached full leaf size, but before autumn coloration (when plants are actively growing). The majority of treated hardwoods should be less than 8 feet in height to ensure adequate spray coverage. Note: To prevent Christmas tree injury, care should be taken to direct spray away from contact with Christmas tree foliage, Cut Surface Treatments When treating large brush or trees or hard to control species such as ash, blackgum, choke .cherry, elm, hazel, madrone, maples, oaks or sweetgum, and for applications made during drought conditions or in [ale summer when the leaves are mature, use cut surface treatments. (See directions for Cut Surface Treatments in preceding section of this label.) Wetland Sites in Production Forests and Industrial Non -Crop Areas Garlon 3A may be used within production forests and industrial non -crop sites to control target vegetation to and around standing water sites, such as marshes, wetlands, and the banks of ponds and lakes and transition areas between upland and lowland sites. For control of woody plants and broadleaf weeds in these sites, follow use directions and application methods on this label for forestry and terrestrial non - cropland sites. Use Precautions Minimize overspray to open water when treating target vegetation in and around non - flowing, quiescent or transient water. When making applications to control unwanted plants on banks or shorelines of flowing water, minimize overspray to open water. Note: Consult local public water control authorities before applying this product in and around public water. Permits may be required to treat such areas. 8 Specimen Label Revised 03 -19 -03 Terms and Conditions of Use If terms of the following Warranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies are not acceptable, return unopened package at once to the seller for a full refund of purchase price paid. Otherwise, use by the buyer or any other user constitutes acceptance of the terms under Warranty Disclaimer, Inherent Risks of Us and Limitations of Remedie Warranty Disclaimer Dow AgroSciences warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated on the label when used in strict accordance with the directions, subject to the inherent risks set forth below. Dow AgroSciences MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. Inherent Risks of Use It is impossible to eliminate all risks associated with use of this product. Plant injury, lack of performance, or other unintended consequences may result because of such factors as use of the product contrary to label instructions (including conditions noted on the label, such as unfavorable temperature, soil conditions, etc.), abnormal conditions (such as excessive rainfall, drought, tornadoes, hurricanes), presence of other materials, the manner of application, or other factors, all of which are beyond the control of Dow AgroSciences or the seller. All such risks shall be assumed by buyer. Dow AgroSciences shall not be liable for losses or damages resulting from handling or use of this product unless Dow AgroSciences is promptly notified of such loss or damage in writing. In no case sha #I Dow AgroSciences be liable for consequential or incidental damages or losses. Thelerms of -the. Warranty- Disclauner,- Inherent -Hisk e. and this Limitation of Remedies cannot be varied 6y any wr r very (- -- statements or agreements. No employee or sales agent of Dow AgroSciences er the seller is authorized to vary or exceed the terms of the Warranty Disclaimer or this Limitation of Remedies in any manner. 'Trademark of Dow AgroScienoes LLC Dow AgroSciences LLC • Indianapolis, IN 46268 U.S.A. Label Code: D02- 101 -037 Replaces Label: D02- 101 -036 LOES Number: 010 -00084 EPA - Accepted 12/03/02 Revislons: Corrected Example Calculation 2 on page 10: = (800 x 3.9121 16413.33. Limitation of Remedies The exclusive remedy for fosses or damages resulting from this product (including claims based on contract, negligence, strict liability, or other legal theories), shall be limited to, at Dow AgroSciences' election, one of the following: 1. Refund of purchase price paid by buyer or user for product bought, or 2. Replacement of amount of product used. Specimen Label Revised 03 -19 -03 Section 24(c) SLN f§ DowA oSciences Label i ng � ° Dow .. . M Zionsville -... Indianapolis r Garlon 3A EPA Reg. No. 62719 -37 EPA 24(c) Special Local Need Registration SLN NY- 110005 (For Distribution and Use Only in New York State) Precautions for Potable Water Intakes for Emerged Aquatic Weed Control ATTENTION • It is a violation of Federal law to use this product in a manner inconsistent with its labeling. • This labeling must be in the possession of the user at the time of application. • Read this Special Local Needs (SLN) labeling and the label affixed to the container for Garlon 3A specialty herbicide before applying. All applicable use directions, precautions and restrictions on this SLN labeling and the labeling affixed to the container must be followed. Directions for Use Precautions for Potable Water Intakes for Emerged Aquatic Weed Control See chart below for specific setback distances near functioning potablewater intakes. Note: Existing potable water intakes which are no longer in use, such as those replaced by potable water wells or connections to a municipal water system, are not considered to be functioning potable water intakes. These setback restrictions do not apply to terrestrial applications made adjacent to potable water intakes To apply Garlon 3A around and within the distances noted above from a functioning potable water intake, the intake must be turned off until the triclopyr level in the intake water is determined to be 50 parts per billion (ppb) or less by laboratory analysis or immunoassay. . Recreational Use of Water in Treatment Area: Do not swim in water treated with Garlon 3A for three (3) hours after treatment. There are no restrictions on use of water in the treatment area for fishing. Livestock Use of Water from Treatment Area: There are no restrictions on livestock consumption of water from the treatment area. Trademark of Dow AgroSciences LLC R101 -011 Accepted: 10/24/11 Replaces: 8101 -003 Page 1 of 1 Garlon 3A Application Rate Area Treated 2 qt/acre 4 qtfacre 1 6 9t/acre 1 8 tlacre (acres) Setback Distance ft 4 500 1,100 1,600 2,100 >4 - 8 700 1,400 2,200 2,900 >8- 16 -1,000 2,000 3,100 4,100 >16 1,400 2,900 4,300 5,800 To apply Garlon 3A around and within the distances noted above from a functioning potable water intake, the intake must be turned off until the triclopyr level in the intake water is determined to be 50 parts per billion (ppb) or less by laboratory analysis or immunoassay. . Recreational Use of Water in Treatment Area: Do not swim in water treated with Garlon 3A for three (3) hours after treatment. There are no restrictions on use of water in the treatment area for fishing. Livestock Use of Water from Treatment Area: There are no restrictions on livestock consumption of water from the treatment area. Trademark of Dow AgroSciences LLC R101 -011 Accepted: 10/24/11 Replaces: 8101 -003 Page 1 of 1 g. Specimen Label Personal Protective Equipment (PPE) Applicators and other handlers must wear: • Long- sleeved shirt and long pants • Shoes plus socks, Follow manufacturer's instructions for cleaning /maintaining PPE - (fersonal Protective Equipment). -if -no -such instructions for-washables, use detergent and hot water. Keep and wash PPE separately from other laundry, Engineering Controls When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240 (d) (4.6)], the handler PPE requirements may be reduced or modified as specified in the WPS. Herbicide For control of annual and perennial weeds and woody plants in forests, non -crop sites, and in and around aquatic sites; also for use in wildlife habitat areas, for perennial grass release, and grass growth suppression and grazed areas on these sites. Avoid contact of herbicide with foliage, green stems, exposed non -woody roots or fruit of crops, desirable plants and trees, because severe injury or destruction may result. Active Ingredient(s), glyphosate' N- (phosphonomethyl)glycine, isopropylamine salt ........................... ............................ 53.8% Other Ingredients .......................................... ............................... 46.2% Total Ingredients ............ ............................... 100,0% ' Contains 5.4 pounds per gallon glyphosate, isopropylamine salt (4 pounds per gallon glyphosate acid). EPA Reg. No. 6271 9 -324 Keep Out of Reach of Children CAUTION PRECAUCION Si usted no entiende la etiqueta, busque a alguien pars que se la explique a usted en detalle. (If you do not understand the label, find someone to explain, it to you in detail.) Precautionary Statements Hazards to Humans and Domestic Animals Harmful If Inhaled Avoid breathing spray mist. Remove contaminated clothing and wash before reuse. Wash thoroughly with soap and water after handling. User Safety Recommendations Users should: • Wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. - First Aid If inhaled: Move person to fresh air. If person is not,breathing, call 911 or an ambulance, then give artificial respiration,, preferably mouth - to -mouth if possible. Call a poison control center or doctor for further treatment advice. Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1 -800 -992 -5994 for emergency medical treatment information. Environmental Hazards Do not contaminate water when cleaning equipment or disposing of equipment washwaters. Treatment of aquatic weeds can result in oxygen depletion or loss due to decomposition of dead plants. This oxygen loss can cause fish suffocation. In case of leak or spill, soak up and remove to a landfill. Physical or Chemical Hazards Spray solutions of this product should be mixed, stored and applied using only stainless steel, aluminum, fiberglass, plastic or plastic -lined steel containers. Do not mix, store or apply this product or spray solutions of this product in galvanized steel or unlined steel (except stainless steel) containers or spray tanks. This product or spray solutions of this product react with such containers and tanks to produce hydrogen gas, which may form a highly combustible gas mixture, This gas mixture could flash or explode, causing serious personal injury, if ignited by open flame, spark, weldor's torch, lighted cigarette or other ignition source. Notice: Read the entire label. Use only according to label directions. Before using this product, read Terms and Conditions of Use, Warranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies elsewhere on this label. If terms are unacceptable, return at once unopened. In case of emergency endangering health or the environment involving this product, call 1 -800- 992 -5994. If you wish to obtain additional product information, visit our web site at www.dowagro.com. Agricultural Chemical: Do not ship or store with food, feeds, drugs or clothing. Directions -far Use It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Read all Directions for Use carefully before applying. This is an end -use product. Dow AgroSclences does not intend and has not registered it for reformulation. See individual container label for repackaging limitations. Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your state or tribe, consult the agency responsible for pesticide regulation. Agricultural Use Requirements Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment (PPE), and restricted entry interval. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard, Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 4 hours. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, is: • Coveralls • Chemical- resistant gloves made of any waterproof material • Shoes p lus socks Non - Agricultural Use Requirements The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides (40 CFR Part 170). The WPS applies when this product is used to produce agricultural plants on farms, forests, nurseries or greenhouses. and pets off treate areas until spray solution has dried. Storage and Disposal Do not contaminate water, food, feed or seed by storage or disposal. Pesticide Storage: Store above 10 °F ( -12 °C) to keep product from crystallizing. Crystals will settle to the bottom. If allowed to crystallize, place in a warm room 68 °F (20 °C) for several days to redissolve and roll or shake container or recirculate in mini -bulk containers to mix well before - using __ __. Pesticide Disposal: Wastes resulting from use of this product that cannot be used or chemically reprocessed should be disposed of in a landfill approved for pesticide disposal or in accordance with applicable Federal, state or local procedures. Nonrefillable containers 5 gallons or less: Container Reuse: Nonrefillable container, Do not reuse or refill this container. Offer for recycling if available. Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container'114 full with water and recap. Shaki for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 psi for at least 30 seconds. Drain for 10 seconds after the flow begins to drip. Refillable containers larger than 5 gallons: Container Reuse: Refillable container. Refill this container with pesticide only. Do not reuse Ihis container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refuter. To clean the container before final disposal, empty the remaining contents from this container into application equipment or a mix tank. Fill the container about 10% full with water and, if possible, spray all sides while adding. water. If practical, agitate vigorously or recirculate water with the pump for two minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times. Nonrefillable containers larger than 5 gallons: Container Reuse: Nonrefillable container. Do not reuse or refill this container. Offer for recycling if available. Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 114 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip, Bold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 psi for at least 30 seconds. Drain for 10 seconds after the flow begins to drip._ _ _- 2 Specimen Label Revised 07 -23 -08 General Information (How this product works) This product is a water - soluble liquid, which mixes readily with water and nonionic surfactant to be applied as a foliar spray for the control or destruction of many herbaceous and woody plants. This product is - - — intended for-control- of -annual-and erennial weeds and wood plants P woody forests, pine straw plantations, non -crop sites such as utility rights -of- way, and in and around aquatic sites; also for use in wildlife habitat areas, for perennial grass release, and grass growth suppression and grazed areas on these sites. Note: The maximum rates stated throughout this product's labeling apply to this product combined with the use of all other herbicides containing glyphosate or sulfosate as the active ingredient, whether applied as mixtures or separately. Calculate the application rates and ensure that the total use of this and other glyphosate or sulfosate containing products does not exceed the maximum use rates. _717 7 Grazing Restriotions: This product may be used to treat undesirable vegetation in utility rights -of -way that pass through pastures, rangeland, and forestry sites that are being grazed. For tank mix applications, comply with all restrictions appearing on the tank mix product label. The active ingredient in this product moves through the plant from the point of foliage contact to and into the root system. Visible effects on most annual weeds occur within 2 to 4 days, 7 days or more on most perennial weeds, and 30 days or more on most woody plants. Extremely cool or cloudy weather following treatment may slow the activity of this product and delay visual effects of control. Visible effects include gradual wilting and yellowing of the plant which advances to complete browning of above - ground growth and deterioration of underground plant parts. Unless otherwise directed on this label, delay application until vegetation has emerged and reached the stages described for control of such vegetation under the 'Weeds Controlled" section of this label. Unemerged plants arising from unattached underground rhizomes or root stocks of perennials or brush will not be affected by the spray and will continue to grow. For this reason best control of most perennial weeds or brush is obtained when treatment is made at late growth stages approaching maturity. Always use the higher rate of this product and surfactant within the recommended range when vegetation is heavy or dense, when treating dense multi- canopied sites or woody vegetation or difficult -to- control herbaceous or woody plants. Do not treat weeds, brush or trees under poor growing conditions such as drought stress, disease or insect damage, as reduced control may result. Reduced control of target vegetation may also occur if foliage is heavily covered with dust at the time of treatment. Reduced control may result when applications are made to woody plants or weeds following site disturbance or plant top growth removal from grazing, mowing, logging or mechanical brush control. For best results, delay treatment of such areas until resprouting and foliar growth has restored the target vegetation to the recommended stage of growth for optimum herbicide exposure and control. Rainfall or irrigation occurring within 6 hours after application may reduce effectiveness, Heavy rainfall or irrigation within 2 hours after application may wash the product off the foliage and a repeat treatment may be required. This product does not provide residual weed control. For subsequent residual weed control, follow a label- approved herbicide program. Read and carefully observe the cautionary statements and all other information appearing on the labels of all herbicides used. Except for lactating dairy animals there are no grazing restrictions following the labeled applications of this product. For lactating dairy animals there are no grazing restrictions for the following labeled applications of this product: ► Where the spray can be directed onto undesirable woody brush and trees, such as in handgun spray -to -wet or low volume directed spray treatments, ► For tree injection of frill applications and for cut stump treatments For broadcast applications, observe the following restrictions for lactating dairy animals: ► For application rates of greater than 4.5 but not to exceed 7.5 quarts per acre, no more than 15 percent of the available grazing area may be treated. ► For application rates that do not exceed 4.5 quarts per acre, no more than 25 percent of the available grazing area may be treated. These restrictions do not apply to pastures, rangeland or forestry sites outside of utility rights -of -way. NOTE. Use of this product in any manner not consistent with this label may result in injury to persons, animals or crops, or other unintended consequences. When not in use, keep container closed to prevent spills and contamination. Buyer and all users are responsible for all loss or damage in connection with the use or handling of mixtures of this product or other materials that are not expressly recommended in this label. Mixing this product with herbicides or other materials not recommended in this label may result in reduced performance. ATTENTION: Avoid drift. Extreme care must be used when. applying this product to prevent injury to desirable plants and crops. Do not allow the herbicide solution to mist, drip, drift or splash onto desirable vegetation since minute quantities of this product can cause severe damage or destruction to the crop, plants or other areas on which treatment was not intended. The likelihood of plant or crop injury occurring from the use of this product is greatest when winds are gusty or in excess of 5 miles per hour or when other conditions, including lesser wind velocities, will allow spray drift to occur. When spraying, avoid combinations of pressure and nozzle type that will result in splatter or fine particles (mist) which are likely to drift. Avoid applying at excessive speed or pressure. Specimen Label Revised 07 -23 -08 Spray Drift Management Avoiding spray drift at the application site is the responsibility of the app €icator. The interaction of many equipment - and - weather - related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making de cisions. The following dr€ft m must be - followed to - avoid - off - target drift movement, from aerial applicalloTts"to agricultural field crops. These requirements do not apply to forestry applications, public health uses or to applications using dry formulations. 1. The distance of the outer most nozzles on the boom must not exceed 314 the length of the wingspan or rotor. Nozzles must always point backward parallel with the air stream and never be pointed downwards more than 45 degrees. Where states have more stringent regulations, they should be observed. The applicator should be familiar with and take into account the information covered in the following Aerial Drift Reduction Advisory Information: Importance of Droplet Size: The most effective way to reduce drift potential is to apply large droplets. The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control. Applying larger droplets reduces drift potential, but will not prevent drift if applicalions are made improperly, or under unfavorable environmental conditions (see Wind, Temperature and Humidity, and Temperature, Inversion section of this label). Controlling Droplet Size: Volume -Use high flow rate nozzles to apply the highest practical spray volume.. Nozzles with higher rated flows product larger droplets. Pressure -Use the lower spray pressures recommended for the nozzle. Higher pressure reduces droplet size and does not improve canopy penetration. When higher flow rates are needed, use higher flow rate nozzles instead of increasing pressure. Number of nozzies -Use the minimum number of nozzles that provide uniform coverage. Nozzle Orientation- Orienting nozzles so that the spray is released backwards, parallel to the airstream will produce larger droplets than other orientations. Significant deflection from the horizontal will reduce droplet size and increase drift potential. Nozzle Type -Use a nozzle type that is designed for the intended application. With most nozzle types, narrower spray angles produce larger droplets. Consider using low -drift nozzles. Solid stream nozzles oriented straight back produce larger droplets than other nozzle types. Boom Length -For some use patterns, reducing the effective boom length to less than 314 of the wingspan or rotor length may further reduce drift without reducing swath width. Application- Applications should not be made at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft safety. Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment: When applications are made with a crosswind, the swath will be displaced downwind. Therefore, on the up and downwind edges of the field, the applicator must compensate for this displacement by adjusting the path of the aircraft upwind. Swath adjustment distance should increase, with increasing drift potential (higher wind, smaller drops, etc.). Wind. Drift potential is lowest lietweert wihd speeds of 2 -10 mph. However, many factors, including droplet size and equipment type determine drift potential at any given speed. Application should be avoided below 2 mph duo to variable wind direction and high inversion potential. Note: Local terrain can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift. Temperature and Humidity: When making applications in low relative humidity, set up equipment to produce larger droplets to compensate for evaporation. Droplet evaporation is most severe when conditions are both hot and dry, Temperature Inversions: Applications should not occur during a temperature inversion, because drift potential is high. Temperature inversions restrict vertical air mixing, which causes small suspended droplets to remain in a concentrated cloud. This cloud can move in unpredictable directions due to the light variable winds common during inversions. Temperature inversions are characterized by increasing temperatures with altitude and are common on nights with limited cloud cover and light to no wind. They begin to form as the sun sets and often continue into the morning. Their presence can be indicated by ground fog; however, if fog is not present, inversions can also be identified by the movement of smoke from a ground source or an aircraft smoke generator. Smoke that layers and moves laterally in a connected cloud (under low wind conditions) indicates an inversion, while smoke that moves upwards and rapidly dissipates indicates good vertical air mixing. Sensitive Areas: The pesticide should only be applied when the potential for drift to adjacent sensitive areas (e.g., residential areas, bodies of water, known habitat for threatened or endangered species, non- target crops) Is minimal (e.g., when wind is blowing away from the sensitive areas). Mixin And Application instructions Apply these spray solutions in properly maintained and calibrated equipment capable of delivering desired volumes. Hand -gun applications should be properly directed to avoid spraying desirable plants. Note: reduced results may occur if water containing soil is used, such as water from ponds and unlined ditches. Mixing This product mixes readily with water. Mix spray solutions of this product as follows: - 1. Fill the mixing or spray lank with the required amount of water while adding the required amount of this product (see "Direclions for Use" and "Weeds Controlled" sections of this label). 2. Near the end of the filling process, add the required surfactant and mix well. Remove hose from tank immediately after filling to avoid siphoning back into the water source. Specimen Label Revised 07 -23 -08 1� Note: If tank mixing with Garton 3A herbicide, ensure that Garton 3A is well mixed with at least 75 percent of the total spray volume before adding this product to the spray tank to avoid incompatibility. During mixing and application, foaming of the spray solution may occur, To prevent or minimize foam, avoid the use of mechanical agitators, -- lace t#�e_ftllin ose$elowhe surface of -the -s r-a _solution onl during filling), terminate by -pass and return lines at the bottom of the tank, and, if needed, use an approved anti -foam or defoaming agent. Keep by -pass line on or near bottom of tank to minimize foaming. Screen size in nozzle or line strainers should be no finer than 50 mesh. Carefully select correct nozzle to avoid spraying a fine mist. For best results with conventional ground application equipment, use flat fan nozzles. Check for even distribution of spray droplets. Aerial Equipment For aerial application of this product In California, refer to Federal supplemental label for this product entitled "For Aerial Application In California Only ". In California, aerial application may be made in aquatic sites and noncrop areas, including aquatic sites present in _ noncmlo -areas that are part 9f the intended treatment. For control of weed or brush species listed in this label using aerial application equipment: For aerial broadcast application, unless otherwise specified, apply the rates of this product and surlactant recommended for broadcast application in a spray volume of 3 to 20 gallons of water per acre. See the 'Woods Controlled" section of this label for labeled annual and herbaceous . weeds and woody plants and broadcast rate recommendations. Aerial applications of this product may only be made as specifically recommended in this label. IMPORTANT: When using this product, unless otherwise specified, mix with a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient. For conifer release (pine release) use only surfactants that are approved for conifer release, and specified on the surfactant label as safe for use in conifer release (pine release). Always read and follow the manufacturer's surfaclant label recommendations for best results. Colorants or marking dyes approved for use with herbicides may be added to spray mixtures of this product. Colorants or dyes used in spray solutions of this product may reduce performance, especially at lower rates or dilutions. Use colorants or dyes according to the manufacturer's label recommendations. Clean sprayer and parts immediately after using this product by thoroughly flushing with water and dispose of rinsate according to labeled use or disposal instructions. Carefully observe all cautionary statements and other information appearing in the surfactant label. Application Equipment And Techniques ATTENTION: AVOID DRIFT. EXTREME CARE MUST BE EXERCISED WHEN APPLYING THIS PRODUCT TO PREVENT INJURY TO DESIRABLE PLANTS AND CROPS. Do not allow the herbicide solution to mist, drip, drift, or splash onto desirable vegetation since minute quantities of this product can cause severe damage or destruction to crops, plants, or other areas on which the treatment was not intended, The likelihood of plant or crop injury occurring. from the use of this product is greatest when winds are gusty or in excess of 5 miles per hour or when other conditions, including lesser wind velocities, will allow spray drift to occur. When spraying, avoid combinations of pressure and nozzle type that will result in splatter or fine particles (mist) which are likely to drift. AVOID APPLYING AT EXCESSIVE SPEED OR PRESSURE. Note: Use of this .product in a manner not consistent with this label may result in injury to persons, animals, or crops, or other unintended consequences. When not in use, keep container closed to prevent spills and contamination. AVOID DRIFT. Do not apply during inversion conditions, when winds are gusty or under any other condition which will allow drift. Drift may cause damage to any vegetation contacted to which treatment is not intended. To prevent injury to adjacent desirable vegetation, appropriate buffer zones must be maintained. Coarse sprays are less likely to drift; therefore, do not use nozzles or nozzle configurations which dispense spray as fine spray droplets, Do not angle nozzles forward into the airstream and do not increase spray volume by increasing nozzle pressure. Drift control additives may be used. When a drift control additive is used, read and carefully observe the cautionary statements and all other information appearing in the additive label. The use of a drift control agent for conifer and herbaceous release applications may result in conifer injury and is not recommended. Ensure uniform application. To avoid streaked, uneven or overlapped application, use appropriate marking devices. Thoroughly wash aircraft, especially landing gear, after each day of spraying to remove residues of this product accumulated during spraying or from spills. Prolonged exposure of this product to uncoated steel surfaces may result in corrosion and possible failure of the part, Landing gear are most susceptible, The,mainianance of an organic coating (paint) which meets aerospace specification MIL -C -38413 may prevent corrosion. Ground Broadcast Equipment For control of weed or brush species listed in this label using conventional boom equipment: For ground broadcast application, unless otherwise specified, apply the rates of this product and surfactant recommended for broadcast application in a spray volume of 3 to 30 gallons of water per acre. See the "Weeds Controlled" section of this label for labeled annual and herbaceous weeds and woody plants and broadcast rate recommendations. As density of vegetation increases, spray volume should be Increased within the recommended range to ensure complete coverage. Carefully select correct nozzle to avoid spraying a fine mist. For best results with ground application equipment, use flat fan nozzles. Check for even distribution of spray droplets. Specimen Label Revised 07 -23 -08 Forestry and Utility Rights -of -Way Sites: This product is recommended for broadcast applications using suitable ground equipment in forestry sites, utility sites, and utility rights -of way. Apply the recommended rates of this product and surfactant in a spray volume of 10 to 60 gallons per acre. Check for even distribution of spray droplets. Hand -Held and High - Volume Equipinerit (Use Coarse Sprays Only) For control of weeds listed In this label using knapsack sprayers or high - volume spraying equipment utilizing handguns or other suitable nozzle arrangements: High volume sprays: Prepare a 3/4 to 2 percent solution of this product in water, add a nonionic surfactant and apply to foliage of vegetation to be controlled. For specific rates of application and instructions for control of various annual and perennial weeds, see the "Woods Controlled" section in this label. Applications should be made on a spray -ta -wet basis. Spray coverage should be uniform and complete. Do not spray to point of runoff. Low volume directed sprays: This product may be used as a 5 to 10 percent solution in fow- volume directed sprays for spot treatment of trees and brush. This treatment method is most effective in areas where there is a low density of. undesirable .trees or brush. -Ifa- straight stream nozzfo is used, start the applfcatiori at the top of the fa�geted �egeiai €an and spray from top to bottom in a lateral zig -zag motion. Ensure that at least 50 percent of the leaves are contacted by the spray solution. For flat fan and cone nozzles and with hand - directed mist blowers, mist the application over the foliage of the targeted vegetation, Small, open - branched trees need only be treated from one side. If the foliage is thick or there are multiple root sprouts, applications must be made from several sides to ensure adequate spray coverage. Prepare the desired volume of spray solution by mixing the amount of this product in water, shown in the following table: Spray Solution Desired Volume Amount of this product 314% 1% 11/4% 11/2% 2% 5% 8 % 10% 1 g 1 fl oz 1 1/3 fl oz 1 213 fl oz 2 fl oz 2 2/3 fl oz 6 1/2 fl oz 10 1/4 fl oz 12 3/4 fl oz 25 2al 1 112 pt 1 qt 1 114 qt 1 1/2 t 2 clt 5 cit 2 gal 2.5 gal 100 gal 3 qt 1 gal 1114 gal 1112 al 2 gal 5 gal 8 gal 10 gal 2 tablespoons � 1 fluid ounce For use in knapsack sprayers, it is suggested that the recommended amount of this product be mixed with water in a larger container. Fill the knapsack sprayer with the mixed solution and add the correct amount of surfactant. Weeds Controlled Annual Weeds Selective Equipment This product may be applied through shielded sprayers or wiper application equipment. This equipment may be used to selectively control undesirable vegetation without harming desirable vegetation Shielded sprayers direct the herbicide solution onto weeds while shielding desirable vegetation from the spray solution. Any recommended rate or tank mixture of this product may be used employing this equipment. Wiper applicators physically wipe product directly onto undesirable vegetation. Care should be taken to avoid wiping desirable vegetation. Use a 33 to 100 percent solution of this product, diluted In water for wiper applications. Use a 33 percent solution for wick or gravity feed systems. Higher concentrations may be used in pressurized systems that are capable of handling thicker solutions. Addition of a nonionic surfactant at a rate of 10 percent by volume of total herbicide solution is recommended. Apply to actively growing annual grasses and broadleaf weeds. Allow at least 3 days after application before disturbing treated vegetation. After this period the weeds may be mowed, tilled or burned. See "Directions for Use," "General information" and "Mixing and Application Instructions" for labeled usep and specific application Instructions, Broadcast Application Rates: For weeds less than 6 inches tall, use 1 112 pints of this product per acre plus a surfactant such as a non -ionic surfactant containing 84 or greater active ingredient. If weeds are greater than 6 inches tall, use 2V2 pints of this product per acre plus a non -ionic surfactant containing 80% or greater active Ingredient., Hand -Held, High - Volume Application Rates: Use a 314 percent solution of this product in water plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient. Apply to foliage of vegetation to be controlled. Specimen Label Revised 07 -23 -08 1 When applied as directed, this product plus a surfactant such as a non -ionic surfactant containing 80% or greater active Ingredient will control the following annual weeds: Annual weeds will generally continue to germinate from seed throughout the growing season. Repeat treatments will be necessary to control later germinating weeds, Common Name Scientific Name Balsamapple' Momordica charantia Barley.._..._.._.... - - Hordeum- vulgare.. Barnyardgrass Echinochloa crus -gall! Bassia, fivehook Bassia hyssopifolia Bluegrass, annual Poa annua Bluegrass, bulbous Poa bulbosa Brome Bromus spp. Buttercup Ranunculus spp. Cheat Bromus secallnus Chickweed, mouseear Cerastium vulgatum Cocklebur Xanthium strumarium Corn, volunteer Zea mays Crabgrass oigitaria spp. Dwarfdandelion Krigia cespitosa Falseflax, smaliseed Camelina microcarpa Fiddleneck Amsinckia spp. Flaxleaf fleabane Conyza bonariensis Fleabane Erigeron spp. Foxtail Setaria spp. Foxtall, Carolina Alopecurus carolinlanus Groundsel, common Seneclo vulgaris Horseweed /Marestail Conyza canadensis Kochia Kochla scoparia Lambsquarters, common Chenopodium album Lettuce, prickly Lactuca serriola Momingglory 1pomoea spp. Mustard, blue Chorispora tenella Mustard, tansy Descurainia pinnata Mustard, tumble Sisymbrium altissimum Mustard, wild Sinapis arvensis Oats, wild Avena fatua Panicum Panicum spp. Pennycress, field Thlaspi arvense Pigweed, redroot Amaranthus retroflexus Pigweed, smooth Amaranthus hybridus Ragweed, common Ambrosia artemisiifolia Ragweed, giant Ambrosia frifida Rocket, London Sisymbrium irio Rye Secale cereale Ryegrass, Italian " Lolium multiflorum Sandbur, field Cenchrus spp. Shattercane Sorghum bicolor Shepherd's -purso Capsella bursa- pastoris Signalgrass, broadleaf Brachiaria platyphylla Smartweed, Pennsylvania Polygonum pensylvanicum Sowthistle, annual Sonchus oleraceus Spanishneedles rt Bidens bfpinnata Stinkgrass Eragrostis cilianensis Sunflower Helianthus annuus Thistle, Russian Salsola kali Spurry, umbrella Holosteum umbellatum Velvefleaf Abufilon theophrasti Wheat Triticum aestivurn Witchgrass Panicum capillare 'Apply with hand -held equipment only, "Apply 3 pints of this product per acre. Perennial Weeds Apply this product to control most vigorously growing perennial weeds. . Unless otherwise directed, apply when target plants are actively growing and most have reached early head or early bud stage of growth. Unless otherwise directed, allow at least 7 days after application before disturbing vegetation. NOTE; If weeds have been mowed or tilled, do not treat until regrowth has reached the recommended stages. Fall treatments must be applied before a killing frost. Repeat treatments may be necessary to control weeds regenerating from underground parts or seed. Specific Weed Control Recommendations: For perennial weeds, apply the recommended rate plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient.. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. . When applied as directed, this product plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient will control the following perennial weeds: (Numbers in parentheses "( -)" following common name of a listed weed species refer to "Specific Perennial Weed Control Recommendations" for that weed which follow the species listing.) Common Name Alfalfa (31) Alligatorweed (1) Anise /Fennel (31) Artichoke, Jerusalem (31) Bahiagrass (31) Bermudagrass (2) Bindweed, field (3) Bluegrass, Kentucky (12) Blueweed, Texas (3) Brackenfern (4) Bromegrass, smooth (12) Canarygrass, reed (12) Cattail (5) Clover, red (31) Clover, white (31) Cogongrass (6) Cradgrass (7) Cutgrass, giant' (8) Dallisgrass (31) Dandelion (31) Dock, curly (31) Dogbane, hemp (9) Fescue (31) Fescue, tall (10) Guineagrass (11) Hemlock, poison (31 ) Horsenettie (31) Horseradish (9) Ice Plant (22) Johnsongrass (12) Kikuyugrass (21) 7 Scientific Name Medicago sativa Altemanthera philoxeroides Foeniculum vulgare Hellanthus tuberoses Paspalum notatum Cynodon dactylon Convolvulus arvensis Poa pratensis Helianthus ciflaris Pteridium spp. Bromus inermis Phalaris arundinacea Typha spp. Tritoltum pratense Trifolium repens Imperata clylindrica Spartina spp. Tzanlopsis miliacea Paspalum dilatatum Taraxacum officinale Rumex crispus Apocynum cannabinum Festuca spp. Festuca arundinacea Panicum maximum Conium maculatum Solanum carolinense Armoracia rusticana Mesembryanthemum crystallinum Sorghum halepense Pennlsetum clandestinum Specimen Label Revised 07 -23 -08 Common Name Scientific Name Knapweed (9) Centaurea repens Lantana (13) Lantana camara Lespedeza, common (31) Lespedeza striata Lespedeza, sericea (31) Lespedeza cuneate Loosestrife, purple (14) Lythrum salicaria Lotus,_American..(15).. _... ......Nelumbo lutes Maidahcaiie (16) �ariictim hematomon Milkweed (17) Asclepias spp. Muhly, wireslern (21) Muhlenbergia frondosa Mullein, common (31) Vorbascum thapsus Napiergrass (31) Pennisetum purpureum Nightshade, s €Iverleaf (3) Solarium elaaagnifolium Nutsedge, purple (18) Cyperus rotundas Nutsedge, yellow (18) Cyperus esculentus Qrchardgrass (12) Dactylis glomerata Pampasgrass (19) Cortaderla fubata Paragrass (16) Brachiaria mutica Phragmites" (20) Phragmites spp. Quackgrass (21) Agropyron repens Reed, giant (22) Arundo donax Ryegrass, perennial (12) Lolium perenne Smartweed, swamp (31) Polygonum coccineum Spatterdock (23) Nuphar luteum Starthistle, yellow (31) Centaurea solstitialls Sweet potato, wild' (24) 1pomoea pandurata Thistle, artichoke (25) Cynara cardunculus Thistle, Canada (25) Cirsium arvense Timothy (12) . Phleum pratense Torpedograss `(26) Panicum repens Tuies, common (27) Scirpus acutus Vaseygrass (31) Paspalum urvillei Velvetgrass (31) Nolcus spp. Waterhyacinth (28) Fichornia crassipes Waterlettuce (29) Pistia stratiotes Waterprimrose (30) Ludwigia spp. Wheatgrass, western (12) Agropyron smithil Partial control. Partial control in southeastern states. See "Specific Weed Control Recommendations" below. Specific Perennial Weed Control Recommendations: 1. Alligatorweed: Apply 6 pints of this product per acre as a broadcast spray or as a 1 114 percent solution with hand -held equipment to provide partial control of alligatorweed. Apply when most of the target plants are in bloom. Repeat applications will be required to maintain such control. 2. Bermudagrass: Apply 7112 pints of this product per acre as a broadcast spray or as a 1 112 percent solution with hand -held equipment. Apply when target plants are actively growing and when seedheads appear. 3. Bindweed, field l Sl lverleaf Nightshade/ Texas Blueweed: Apply 6 to 7 112 pints of this product per acre as a broadcast spray west of the Mississippi River and 4 112 to 6 pints of this product per acre east of the Mississippi River. With hand -held equipment, use a 1 112 percent solution. Apply when target plants are actively growing and are at or beyond full bloom. For silverleaf nightshade, best results can be obtained when application is made after berries are formed. Do not treat when weeds are under drought stress. New leaf development indicates active growth. For best results apply in late summer or fall. 4. Bracltenfern: Apply 4112 to 6 pints of this product per acre as a broadcast spray or as a 314 to 1 percent solution with hand -held equipment, Apply to fully expanded fronds which are at least 18 inches long. 5. Cattail: Apply 41 /2 to 6 pints of this product per acre as a broadcast spray or as a314 percent solution with hand -held equipment. Apply when target plants are actively growing andare at or beyond the.. - early -lo -full bloom stage of growth. Best results are achieved when application is made during the summer or fall months. 6. Cogongrass: Apply 4112 to 7 1/2 pints of this product per acre as a broadcast spray. Apply when cogongrass is at least 18 inches tall and actively growing in late summer or fall. Allow 7 or more days after application before tillage or mowing. Due to uneven stages of growth and the dense nature of vegetation preventing good spray coverage, repeat treatments may be necessary to maintain control, 7. Cordgrass: Apply 4112 to 7 112 pints of this product per acre as a broadcast spray or as a 1 to 2 percent solution with hand -held equipment. Schedule applications in order to allow 6 hours before treated plants are covered by tidewater. The presence of debris and silt on the cordgrass plants will reduce performance. It may be necessary to wash targeted plants prior to application to improve uptake of this product into the plant, 8. Cutgrass, giant. Apply 6 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand -held equipment to provide partial control of giant cutgrass. Repeat applications will be required to maintain such control, especially where vegetation is partially submerged in water. Allow for substantial regrowth to the 7 to 10 -leaf stage prior to retreatment. 9. Dogbane, hemp f Knapweed 1 Horseradish: Apply 6 pints of this product per acre as a broadcast spray or as a 1 112 percent solui €on with hand -held equipment. Apply when target plants are actively growing and most have reached the late bud -lo- flower stage of growth. For best results, apply in late summer or fall, 10. Fescue, tall: Apply 4 112 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand -held equipment. Apply when target plants are actively growing and most have reached the boat -to -head stage of growth. When applied prior to the boot stage, less desirable control may be obtained. 11, Guineagrass: Apply 4112 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment. Apply when target plants are actively growing and when most have reached at least the 7 -leaf stage of growth. 12. Johnsengrass 1 Bluegrass, Kentucky l Bromegrass, smooth l Conarygrass, reed l dreharcigrasa 1 Ryegrass, perennial 1 Timothy 1 Wheatgrass, western: Apply 3 to 4112 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment. Apply when target plants are actively growing and most have reached the boot -to -head stage of growth, When applied prior to the boot stage, less desirable control may be obtained. In the fall, apply before plants have turned brown. 13. Lantana: Apply this product as a 314 to 1 percent solution with hand- held equipment. Apply to actively growing lantana at or beyond the bloom stage of growth. Use the higher application rate for plants that have reached the woody stage of growth. 14. Loosestrife, purple: Apply 4 pints of this product per acre as a broadcast spray or as a 1 to 1 112 percent solution using hand -held equipment. Treat when plants are actively growing at or beyond the bloom stage of growth. Best results are achieved when application Is made during summer or fall months. Fall treatments must be applied before a killing frost. Specimen Label Revised 07 -23 -08 \:� H611 16. 17 18. 19 20. Furl 22. 23. 24. 25. Lotus, American: Apply 4 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand -held equipment. Treat when plants are actively growing at or beyond the bloom stage of growth. Best results are achieved when application is made during summer or fall months. Fall treatments must be applied before a killing frost, Repeat treatment may be necessary to control regrowth from underground parts and seeds. Maidencane 1 Paragrass: Apply 6 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment. Repeat treatments will be required, especially to vegetation partially submerged in water. Under these conditions, allow for regrowth to the 7 to 10 -leaf stage prior to retreatment. Milkweed, common: Apply 4 112 pints of this product per acre as a broadcast spray or as a 1 112 percent solution with hand -held equipment. Apply when target plants are actively growing and most have reached the late bud -to- flower stage of growth. Nutsedge: purple, yellow: Apply 4 112 pints of this product per acre as a broadcast spray, or as a 314 percent solution with hand -held equipment to control existing nuisedge and immature nutlets attached to treated plants. Apply when target plants are in flower or when new nutlets can be found at rhizome tips. Nutlets which have not germinated will not be controlled and may germinate following treatment. Repeat treatments will be required for long-term control. Pampasgrass: Apply a 1 112 percent solution of this product with hand -held equipment when plants are actively growing. Phragmites: For partial control of phregmites in Florida and the counties of other states bordering the Gulf of Mexico, apply 7 112 pints per acre as a broadcast spray or apply a 1 112 percent solution with hand -held equipment. In other areas of the U.S., apply 4 to 6 pints per acre as a broadcast spray or apply a 314 percent solution with hand -held equipment for partial control. For best results, treat during late summer or fall months when plants are actively growing and in full bloom. Due to the dense nature of the vegetation, which may prevent good spray coverage and uneven stages of growth, repeat treatments may be necessary to maintain control. Visual control symptoms will be slow to develop'. Ouackgrass / Kikuyugrass 1 Muhly, wirestern: Apply 3 to 4 112 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment when most quackgrass or wirestern muhly is at least 8 inches in height (3 to 4 -leaf stage of growth) and actively growing. Allow 3 or more days after application before tillage. Reed, giant 1 ice plant: For control of giant reed and ice plant, apply a 1 1/2 percent solution of this product with hand -held equipment when plants are actively growing. For giant reed, best results are obtained when applications are made in late summer to fail. Spatterdock: Apply 6 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment. Apply when most plants are in full bloom. For best results, apply during the summer or fail months. Sweet potato, wild: Apply this product as a 1 112 percent solution using hand -held equipment. Apply to actively growing weeds that are at or beyond the bloom stage of growth. Repeat applications will be required. Allow the plant to reach the recommended stage of growth before retreatment. Thistle, Canada I artichoke: Apply 3 to 4 112 pints of this product per acre as a broadcast spray or as a 1 112 percent solution with hand -held equipment for Canada thistle. To control artichoke thistle, apply a 2 percent solution as a spray -to -wet application. Apply when target plants are actively growing and are at or beyond the bud stage of growth. 26. Torpedograss: Apply 6 to 7 112 pints of this product per acre as a broadcast spray or as a 314 to 1 112 percent solution with hand -held equipment to provide partial control of torpedograss. Use the lower rates under terrestrial conditions, and the higher rates under partially submerged or a floating mat condition. Repeat treatments will be required to maintain such control. 27. Tules, common: Apply this product as .a 1 : 112 percent solution.with . hand -held equipment. Apply to actively growing plants at or beyond the seedhead stage of growth. After application, visual symptoms will be slow to appear and may not occur for 3 or more weeks, 28. Waterhyacinth; Apply 5 to 6 pints of this product per acre as a broadcast spray or apply a 314 to 1 percent solution with hand -held equipment. Apply when target plants are actively growing and at or beyond the early bloom stage of growth. After application, visual symptoms may require 3 or more weeks to appear with complete necrosis and decomposition usually occurring within 60 to 90 days. Use the higher rates when more rapid visual effects are desired. 29. Wateriettuce; For control, apply a 314 to 1 percent solution of this product with hand -held equipment to actively growing plants. Use higher rates where infestations are heavy. Best results are obtained from mid - summer through winter applications. Spring applications may require retreatment. 30, Waterprimrose: Apply this product as a 314 percent solution using hand -held equipment. Apply to plants that are actively growing at or beyond the bloom stage of growth, but before fall color changes occur. Thorough coverage is necessary for best control. 31. Other perennial weeds listed above: Apply 4 112 to 7 1/2 pints of this product per acre as a broadcast spray or apply as a 314 to 1 112 percent solution with hand -held equipment. Woody Brush and Trees NOTE: If brush has been mowed or tilled or trees have been cut, do not treat until regrowth has reached the recommended stage of growth. Application Rates and Timing When applied as a 5 to 8 percent solution as a directed application as described in the "Hand -Held and High - Volume Equipment' section, this product will control or partially control all wood brush and tree species listed in this section of this label. Use the higher rate of application for dense stands and larger woody brush and trees. Specific Brush or Tree Control Recommendations: Numbers in parentheses "( -)" following the common name of a listed brush or tree species refer to "Specific Brush or Tree Control Recommendations" which follow the species listing. See this section for specific application rates and timing for listed species. For woody brush and trees, apply the recommended rate plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. Make applications when plants are actively growing and, unless otherwise directed, after full -leaf expansion, Use the higher rate for larger plants and/or dense areas of growth. On vines, use the higher rate for plants that have reached the woody stage of growth. Best results are obtained when application is made in late summer or fall after fruit formation. 9 Specimen Label Revised 07 -23 -08 In acid areas, best results are obtalned when application is made in the Common Name spring or early summer when brush species are at high moisture content Oak, red (14) and are (lowering, Ensure thorough coverage when using hand -held Oak, sobthem red (7) equipment, Symptoms may not appear prior to frost or senescence Oak, white' (20) with fall treatments. Persimmon 1 (20) Cherry, bitter (7) Poison -ivy (15) Allow 7 or more days after_application f?efpre tillagg,_mowing_or- removal. Poison- oak_(15)... Repeat treatments maybe necessary to control regenerating Poplar, yellow '(20)' from underground parts or seed. Some autumn colors on undesirable Prunus (7) deciduous species are acceptable provided no major leaf drop has Raspberry (1) occurred. Reduced performance may result if fall treatments are Redbud, eastern (20) made following a frost. Rose, mulifflora (16) Elderberry (3) Russian- olive (20) See the "Directions for Use" and "Mixing and Application Instructions" Sage: black (17), white sections in this label labeled use and specific application instructions. Sagebrush, California (17) When applied as directed, this product plus a surfactant such as Salmonberry (3) a non -ionic surfactant containing 80% or greater active ingredient Salt cedar' (9) will control the following woody brush plants and trees: (Numbers in Saltbush, sea myrtle(I8) parentheses "( -)" following common name of a listed brush or tree species Sassafras (20) refer to "Specific Brush or Tree Control Recommendations" for that Sourwood' (20) species which follow the species listing.) Sumac, poison 1 (20) Honeysuckle (1) Sumac, smooth '(20) Common Name Scientific Name Sumac, winged t(20) Alder (1) Alnus spp. Sweetgum (7) Ash t (20) Fraxinus spp. Swordfam 1 (20) Aspen, quaking (2) Populus tremuloldes Tallowtree, Chinese (17) Bearclover, Bearmat (20) Chamaebatia fol(olosa Thimbleberry (3) Birch (3) Betula spp. Tobacco, tree 1 (5) Blackberry (1) Rubus spp. Trumpetcreeper (2) Broom, French (4) Cytisus monspessulanus Waxmyrtle,.southern'(11) Broom, Scotch (4) Cytisus scopartus Willow (19) Buckwheat, California '(5) Edogonum fasciculatum Cascara ' (20) Rhamnus purshiana Catsclaw'(6) Acacia greggi . Ceanothus (20) Ceanothus spp. Chamise (17) Adenostoma fasciculatum Cherry, bitter (7) Prunus emarginata Cherry, black (7) Prunus serotina Cherry, pin (7) Prunus pensylvanica Coyote brush (8) Baccharls consanguinea Creeper, Virginia 1 (20) Parthenocissus quinquefolia Dewberry (1) Rubus t4vialis Dogwood (9) Cornus spp. Elderberry (3) Sambucus spp. Elm 1 (20) Ulmus spp. Eucalyptus, bluegum (10) Eucalyptus globules Hasardia' (5) Haplopappus squamosus Hawthorn (2) Craraegus spp. Hazel (3) carylus spp. Hickory (9) Carya spp. Holly, Florida (11) Schinus terebinthifolius (Brazilian peppertree) _ Honeysuckle (1) Lonicera spp. Hornbeam, American (20) . Carpinus carolinlana Kudzu (12) Pueraria lobata Locust, black t (20) Aobinla pseudoacacfa Manzanita (20) Arctostaphylos spp. Maple, red '(13) Ater rubrum Maple, sugar (14) Ater saccharum Maple, vine' (20) Ater clrcinatum Monkey flower' (5) Mimulus guttatus Oak, black'(20) Querous velutina Oak, northern pin (14) Querous patustris Oak, post (1) Querous statists Scientific Name Quartos rubra Querous falcata Querous albs Dlospyros spp. Rhos radlcans _Rhos #Qxicodendron__ ___ Llfioderidrbn tulipifera - Prunus spp. Rubus spp. Cercls canadensis Rosa multlflora Elaeagnus angustlfolla Salvia spp. Artemis(a cal(fornica Rubus spectab!!!s Tamarix sFF• 8accharls halimifolia Sassafras aibldum t7xydei7drum arboreum Rhos vernfx Rhos glabra Rhos capa!!!na Llquldambar sryraciflua Polystic�um munitum Saplum seblferum Rubus parv iflarus Nlcofiana glauca Campsls radlcans Myrlca cerlfera Sallx spp. 1 Partial control (See below for control or partial control instructions.) Specific Brush or Free Control Recommendations: 1. Alder / Blackberry 1 dewberry 1 Honeysuckle 1 Oak, post 1 Raspberry: For control, apply 4 1/2 to 6 pints per acre as a broadcast spray or as a 314 to 1 114 percent solution with hand -held equipment. 2. Aspen, Quaking 1 Hawthorn /Trumpetcreeper: For control, apply 3 to 4 114 pints of This product per acre as a broadcast spray or as a 314 to 1 114 percent solution with hand -held equipment. 3. Birch 1 Elderberry ! Hazel 1 Salmonberry 1 Thimbleberry: For control, apply 3 pints per acre of this product as a broadcast spray or as a 314 percent solution with hand -held equipment. 4. Broom, French/ Broom, Scotch: For control, apply a 1 114 to 1 112 percent solution with hand -held equipment. 5. Buckwheat, California 1 Hasardia f Monkey flower 17'obacco; tree: For partial control of these species, apply a 314 to 1 112 percent solution of this product as a foliar spray with hand -held equipment. Thorough coverage of foliage is necessary for best results. 6. Gatsciaw: For partial control, apply a 1 114 to 1 112 percent solution with hand -held equipment when at least 50 percent of the new leaves are fully developed. 7. Cherry, bitter) Cherry , black 1 Cherry, pin 1 Oak, southern red 1 5weetgum !prunes: For control, apply 3 to 7112 pints of this product per acre as a broadcast spray or as a 1 to 1 112 percent solution with hand -held equipment. 3. Coyote brush: For control, apply a 1 114 to 1 112 percent solution with hand -held equipment when at least 50 percent of the now leaves are fully developed. 10 Specimen label Revised 07- 23 -08 9. Dogwood 1 Hickory / Sail: cedar: For partial control, apply a 1 to 2 percent solution of this product with hand -held equipment or 6 to 7 1/2 pints per acre as a broadcast spray. 10. Eucalyptus, bluegum: For control of eucalyptus resprouts, apply a 1 112 percent solution of this product with hand -held equipment when resprouts are 6 to 12 -feet tall. i=nsure complete coverage. -. Apply -when pJant"re�actiyeiy. growing::Av..o d application to drought- stressed plants. 11. Holly, Florida 1 Waxmyrtle, southern: For partial control, apply this product as a 1 112 percent solution with hand -held equipment. 12: Kudzu: For control, apply 6 pints of this product per acre as a broadcast spray or as a 1 112 percent solution with hand -held equipment. Repeat applications will be required to maintain control 13. Maple, red: For control, apply as a 3/4 to 1 114 percent solution with hand -held equipment when leaves are fully developed. For partial control, apply 2 to 7 1/2 pints of this product per acre as a broadcast spray. 14. Maple, sugar 1 Oak: northern pin 1 Oak, red: For control, apply as a 314 to 1 114 percent solution with hand -held equipment when a least 50 percent of the new leaves are fully developed. 15. Poison -ivy / Poison -oak: For control, apply 6 to 7 112 pints of this product per acre as a broadcast spray or as a 1 112 percent solutio n with hand -held equipment. Repeat applications may be required to maintain control. Fall treatments must be applied before leaves lose green color. 16. Rose, multiflora: For control, apply 3 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand -held equipment. Treatments should be made prior to leaf deterioration by leaf- feeding insects. 17. Sage, black / Sagebrush, California I Chamise / Tallowtree, Chinese: For control of these species, apply a 314 percent solution of this product as a foliar spray with hand -held equipment. Thorough coverage of foliage is necessary for best results. 18. Saltbush, sea myrtle: For control, apply this product as a 1 percen solution with hand -held equipment. 19. Willow: For control, apply 4 112 pints of this product per acre as a broadcast spray or as a 314 percent solution with hand- held equipment. 20. Other woody brush and trees listed above: For partial control, apply 3 to 7 112 pints of this product per acre as a broadcast spray or as a 314 to 1 112 percent solution with hand -held equipment. Pipeline, Power, Telephone & Utility Rights -of -Way Pumping Installations Railroads Schools Storage Areas Similar Sites Aquatic Sites This product may be applied to emerged weeds in all bodies of fresh and brackish waterwhich may be flowing, nonflowing or transient. This includes lakes, rivers, streams, ponds, estuaries, rice levees, seeps, irrigation and drainage ditches, canals, reservoirs, wastewater treatment facilities, wildlife habitat restoration and management areas and similar sites. If aquatic sites are present in the noncrop area and are part of the intended treatment, read and observe the following directions: • This product does not control plants which are completely submerged or have a majority of their foliage under water. • There is no restriction on the use of treated water for irrigation, recreation or domestic purposes. • Consult local state fish and game agency and water control authorities before applying this product to public water. Permits may be required to treat such water. • NOTE: Do not apply this product directly to water within 1/2 mile up- stream of an active potable water intake in flowing water (i.e., river, stream, etc.) or within 112 mile of an active potable water intake in a standing body of water such as lake, pond or reservoir. To make aquatic applications around and within 112 mile of active potable water intakes, the water intake must be turned off for a minimum period of 48 hours after the application. The water intake may be tumed on prior to 48 hours if the glyphosate level in the intake water is below 0.7 parts per million as determined by laboratory analysis. These aquatic applications may be made only in those cases where there are alternative water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 4B hours after the applications. This restriction does not apply to intermittent inadvertent overspray of water in terrestrial use sites. Aquatic and other Noncrop Sites Apply this product as directed and under conditions described to control or partially control weeds and woody plants listed in the "Weeds Controlled" section in industrial, recreational and public areas or other similar aquatic or terrestrial sites on this label. Noncrop Sites This product may be used to control the listed weeds in and around aquatic sites and on noncrop sites such as : Airports Golf Courses Habitat Restoration & Management Areas Highways & Roadsides Industrial Plant Sites Lumberyards Parking Areas Parks Petroleum Tank Farms • For treatments after drawdown of water or in dry ditches, allow 7 or more days after treatment before reintroduction of water to achieve maximum weed control, Apply this product within 1 day after drawdown to ensure application to actively growing weeds. • Floating mats of vegetation may require retreatment. Avoid wash -off of sprayed foliage by spray boat or recreational boat backwash or by rainfall within 6 hours of application. Do not re -treat within 24 hours following the initial treatment. • Applications made to moving bodies of water must be made while traveling upstream to prevent concentration of this herbicide in water. When making any bankside applications, do not overlap more than 1 foot into open water. Do not spray in bodies of water where weeds do not exist. The maximum application rate of 7 112 pints per acre must not be exceeded in any single broadcast application that is being made over water. 11 Specimen Label Revised 07 -23 -08 When emerged infestations require treatment of the total surface area of impounded water, treating the area in strips may avoid oxygen depletion due to decaying vegetation. Oxygen depletion may result in fish kill. Forestay Sites and Utility Rights -of -Way -In forest and utility sites, this product is recommended for the control or partial control of woody brush, trees, and annual and perennial herbaceous weeds. This product is also recommended for use in preparing or establishing wildlife openings within these sites, in pine straw plantations for maintaining logging roads, and for side trimming along utility rights -of -way. In forestry sites, this product is recommended for use in site preparation prior to planting any tree species, including Christmas trees and silvicultural nursery sites. In utility sites, this product is recommended for use along electrical power, pipeline, and telephone rights -of -way, and in other utility sites associated with these rights -of -way, such as substations. Application Rates t : 'Where repeat applications are necessary, do not exceed 8.0 quarts per acre per year. " For low volume directed spray applications, coverage should be uniform with at least 50 percent of the foliage contacted. For best results, coverage of the top one -half of the plant is important. In forestry site preparation and utility rights -of -way applications, this product requires use with a surfactant such as a non -ionic surfactant containing greater than 80 percent active ingredient. Use of this product without surfactant will result in reduced herbicideperformance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. Use higher rates of this product within the recommended rate ranges for control or partial control of woody brush, trees and hard -to- control perennial herbaceous weeds. For best results, apply to actively growing woody brush and trees after full leaf expansion and before fall color and leaf drop. Use increased rates within the recommended rate range to control of perennial herbaceous weeds from emergence up to the appearance of seedheads, flowers or berries appear. Use lower rates within the recommended rate range to control annual herbaceous weeds and actively growing perennial herbaceous weeds after seedheads, flowers or berries appear. Apply to foliage of actively growing annual herbaceous weeds anytime after emergence. Tank Mixtures This product may be used in tank mix combination with other herbicide products to broaden the spectrum of vegetation controlled. When tank mixing, read and observe applicable use directions, precautions and limitations on the respective product labels. Use according to the most restrictive precautionary. statements.foreach product on lhe.mfxture. Any recommended rate of this product may be used in a tank mix. Note: For forestry silo preparation, make sure the tank mix product is approved for use prior to planting the desired species. Observe planting interval restrictions. For side trimming treatments in utility rights -of -way, tank mixtures with Arsenal 2WSL herbicide are not recommended. For side trimming treatments, it is recommended that this product be used alone as recommended, or as a tank mix with Garlon. Broadcast Spray Volume Method of Application Application Rate alfacre Broadcast 2 to Forestry site preparation Aerial 1.5 to 7,5 qt/acre 5 to 30 Ground 1. to 7.5 qt/acre 10 to 60 Spray-to-Wet utility sites Handgun, Backpack 0.75 to 2% spray -to -wet Mistblower by volume utilit y sites Low Volume Directed 1 to 4 qt/acre Forestry site preparation, Spray 1 5% to 10% partial Handgun, Backpack by volume coverage Mistblower 32 ft oz/acre 'Where repeat applications are necessary, do not exceed 8.0 quarts per acre per year. " For low volume directed spray applications, coverage should be uniform with at least 50 percent of the foliage contacted. For best results, coverage of the top one -half of the plant is important. In forestry site preparation and utility rights -of -way applications, this product requires use with a surfactant such as a non -ionic surfactant containing greater than 80 percent active ingredient. Use of this product without surfactant will result in reduced herbicideperformance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. Use higher rates of this product within the recommended rate ranges for control or partial control of woody brush, trees and hard -to- control perennial herbaceous weeds. For best results, apply to actively growing woody brush and trees after full leaf expansion and before fall color and leaf drop. Use increased rates within the recommended rate range to control of perennial herbaceous weeds from emergence up to the appearance of seedheads, flowers or berries appear. Use lower rates within the recommended rate range to control annual herbaceous weeds and actively growing perennial herbaceous weeds after seedheads, flowers or berries appear. Apply to foliage of actively growing annual herbaceous weeds anytime after emergence. Tank Mixtures This product may be used in tank mix combination with other herbicide products to broaden the spectrum of vegetation controlled. When tank mixing, read and observe applicable use directions, precautions and limitations on the respective product labels. Use according to the most restrictive precautionary. statements.foreach product on lhe.mfxture. Any recommended rate of this product may be used in a tank mix. Note: For forestry silo preparation, make sure the tank mix product is approved for use prior to planting the desired species. Observe planting interval restrictions. For side trimming treatments in utility rights -of -way, tank mixtures with Arsenal 2WSL herbicide are not recommended. For side trimming treatments, it is recommended that this product be used alone as recommended, or as a tank mix with Garlon. 'Ensure that Garlon 3Ais thoroughly mixed with water before adding this product. Agitation is required while mixing this product with Garlon 3A to avoid compatibility problems, For control of herbaceous weeds, use the lower recommended tank mixture rates. For control of dense stands or difficult -to- control woody brush and trees, use the higher recommended rates. - Forestry_Conifer and Hardwood Release Directed Sprays and Selective Equipment This product may be applied as a directed spray or by using selective equipment in forestry conifer and hardwood sites, including Christmas tree plantations and stivicultural nurseries. This product requires use with a surfactant. Use only surfactants that are approved for conifer release and specified on the surfactant label as safe for use in conifer release (pine release). Use of this product without suractani will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. 12 Specimen Label Revised 07 -23 -08 Broadcast Product Rate Use Sites Arsenal Applicators 2 to Forestry site preparation Concentrate 16 fl oz/acre Oust 1 to 4 oz/acre Forestry site preparation, utility sites Garlon 3A t 1 to 4 qt/acre Forestry site preparation, utilit y sites Garlon 4 1 to 4 qt/acre Forestry site preparation, utility sites Arsenal 2WSL 2 to Utility sites 32 ft oz/acre Spray -to -Wet Rates Arsenal Applicators i /32% to 112% Forestry site preparation Concentrate by volume Arsenal 2WSL 1/32 %to1/2% Utility sites bv volume Low Volume Directed Spray Rates Arsenal Applicators 118% to 112% Forestry site preparation Concentrate by volume Arsenal 2WSL 118% to 112% Utility sites by volume 'Ensure that Garlon 3Ais thoroughly mixed with water before adding this product. Agitation is required while mixing this product with Garlon 3A to avoid compatibility problems, For control of herbaceous weeds, use the lower recommended tank mixture rates. For control of dense stands or difficult -to- control woody brush and trees, use the higher recommended rates. - Forestry_Conifer and Hardwood Release Directed Sprays and Selective Equipment This product may be applied as a directed spray or by using selective equipment in forestry conifer and hardwood sites, including Christmas tree plantations and stivicultural nurseries. This product requires use with a surfactant. Use only surfactants that are approved for conifer release and specified on the surfactant label as safe for use in conifer release (pine release). Use of this product without suractani will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. 12 Specimen Label Revised 07 -23 -08 \ -o Tank Mixing: In hardwood plantations, tank mixtures with Oust may be used. In pine plantations, tank mixtures with Garton 4 or Arsenal.AC may be used. Comply with all site restrictions, forestry species limitations, and precautions on the tank mix product labels. Avoid contact of spray drift, mist or drips with foliage, green bark or non -woody surface roots of- desirable plant species; See "Application Equipment and Techniques" section of this label for specific recommendations and precautions. Spray -to -Wet Applications: Use a 2 percent spray solution to control undesirable woody brush and trees. To control herbaceous weeds, use a 1 to 2 percent spray solution. Low Volume Directed Spray Applications: Use a 5 to 10 percent spray solution. Coverage should be uniform with at least 50 percent of the foliage contacted. Coverage of the top one -half of the unwanted vegetation is important. Broadcast Applications: For equipment calibrated for broadcast applications, use 1 112 to 7 1/2 quarts of this product per acre. Apply in 10 to 60 gallons of clean water per acre. Shielded application equipment may be used to avoid contact of the spray solution with desirable plants. Shields should be adjusted to prevent spray contact with the foliage of green bark of desirable vegetation. Wiper Application Equipment: See the "Selective Equipment' section of this label for equipment and application rate recommendations. tt Use of a surfactant is not recommended for release of hemlock species or California redwood. In mixed conifer stands, injury to these species may result If a surfactant is used. Application Rate for Conifer Release: Apply 314 to 1 112 quarts per acre as a broadcast spray. In Maine and New Hampshire, up to 2 114 quarts per acre of this product may be used for the control and . .. - suppression of difficult -to- control hardwood species. To release Douglas fir, and pine and spruce species at the end of the first growing season (except in California), apply 314 to 1 118 quarts per acre of this product. Make sure that all conifers are well hardened off. Note: For release of Douglas fir with this product or recommended tank mixtures, a nonionic surfactant recommended for aver - the -top folfar spray may be used. To avoid possible conifer injury, nonionic surfactants may be used at 2 fluid ounces per acre at elevations above 1500 feet, or 1 fluid ounce per acre in the coastal range or at elevations below 1500 feet. Use of surfactant rates exceeding those listed above may result in unacceptable conifer injury and are not recommended. Make sure that the nonionic surfactant has been adequately tested for safety to Douglas fir before use. Tank Mixtures with Oust: To release jack pine, white pine and white spruce, apply 314 to 1 1/2 quarts of this product with f to 3 ounces (1 to 1 112 ounces for white pine) of Oust per acre. Make applications to actively growing weeds as a broadcast spray over the top of established conifers. Applications at these rates should be made after formation of conifer resting buds in the late summer or fall. Broadcast Application Note: Except where specifically recommended below, make broadcast applications of this product only where conifers have been established for more than one year. Broadcast application must be made after formation of final conifer resting buds in the fall or prior to initial bud swelling in the spring. Injury may occur to conifers treated for release, especially where spray patterns overlap or the higher rates are applied. Damage can be . accentuated if applications are made when conifers are actively growing, or are under stress from drought, flood water, improper planting, insects, animal damage or diseases, This product requires use with a surfactant. Use a surfactant that is labeledirecomm ended for use in ovor -the -top release applications. Use of this product without a surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. For release of the following conifer species outside the Southeastern United States: Douglas fir (Pseudotsuga menzieslr) Fir (Abies species) Hemlock" (Tsuga species) Pines' (Pinus species) Redwood, California " ( Sequoia species) t Includes all species except loblolly pine, longleaf pine, shortleaf pine or slash pine. Tank Mixtures with Arsenal Applicators Concentrate: This product may be tank mixed with Arsenal Applicators Concentrate for release of Douglas fir. Tank mix 314 to 1 1113 quarts of this product with 2 to 6 fluid ounces of Arsenal Applicators Concentrate per acre. For release of balsam fir and red spruce, apply a mixture of 1 112 quarts of this product with 1 to 2112 fluid ounces of Arsenal Applicators Concentrate per acre. In Maine and New Hampshire for the release of red pine, balsam fir, red spruce, white spruce, Norway spruce, and black spruce with dense tough -to- control brush and where maples make up a large component of the undesirable trees, up to 2 114 quarts per acre of this product may be tank mixed with 1 to 2 112 fluid ounces per acre of Arsenal Applicators Concentrate herbicide and applied as a broadcast spray. Tank mixtures with Arsenal Applicators Concentrate and Oust or Oust XP Herbicides: In Maine and New Hampshire for release of red pine, balsam fir, red spruce, white spruce, Norway spruce and black spruce with heavy grass and herbaceous weed densities, tough -to- control brush and where maples make up a large component of the undesirable trees up to 2 1/4 quarts per acre of this product may be tank mixed with 1 to 2.5 fluid ounces per acre of Arsenal Applicators Concentrate and 1 to 3 oz of Oust or Oust XP herbicides and applied as a broadcast spray. For release of the following conifer species in the Southeastern United States: Loblolly pine (Pinus fasda) Eastern white pine (Pinus strobus) Shortleaf pine (Pinus achinata) Slash pine (Pinus elllottir) Virginia pine (Pinus virginiana) Longleaf, pine (Pinus palustris) 13 Specimen Label Revised 07 -23 -08 Apply 1 118 to 1 718 quarts of this product per acre as a broadcast spray during late summer or early fall after the conifers have hardened off. For applications at the end of the first growing season, use 314 quart of this product alone or in a recommended tank mixture. Tank Mixtures with Arsenal Applicators Concentrate:.For conifer release _appjy 314 to 1 1/2 quarts of this product with 2 to 16 fluid ounces of Arsenal Applicators Concentrate per acre as a broadcast spray. Use only on conifer species that are labeled for over -the -top spray for both products. Use the higher recommended rates for dense tough -to- control wood brush and trees. Read and observe label claims, cautionary statements and all information on the labels of each product used in these tank mixtures. Use according to the most restrictive precautionary statements for each product in the mixture. Herbaceous Release When applied as directed, this product plus listed residual herbicides provides postemergence control of the annual weeds and control or suppression of the perennial weeds listed in this label, and residual control of the weeds listed in the residual herbicide label. Make applications to actively growing weeds as a broadcast spray over the top of labeled conifers. Tank Mixtures with Oust: To release loblolly pines, tank mix 12 to 18 fluid ounces of this product with 2 to 4 ounces of Oust per acre. To release slash pines, tank mix 9 to 12 fluid ounces of this product ':with 2 to 4 ounces of Oust per acre. In Maine and New Hampshire for release of red pine, balsam fir, red spruce, white spruce, Norway spruce, and black spruce with heavy grass and herbaceous weeds infesting the site, up to 2 114 quarts per acre of this product may be tank mixed with 1 to 3 oz of Oust herbicide or Oust XP herbicide to control grass, herbaceous weeds and woody brush, and applied as a broadcast spray. — - For tank mixtures with Oust use a surfactant that is labeled/ recommended for use in over -the -top herbaceous release applications. Use of this product without a surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. Weed control may be reduced if water volumes exceed 25 gallons per acre for these treatments. Wetiand Sites This product may be used in and around water (aquatic areas) and wetlands found in forestry and in power, telephone and pipeline rights - of -way sites, including where these sites are adjacent to or surrounding domestic water supply reservoirs, supply streams, lakes and ponds. Read and observe the following before making applications in and" around water. Consult local public water control authorities before applying this product in and around public water. Permits may be required to treat in such areas. There is no restriction on the use of treated water for irrigation, recreation or domestic purposes. Dote: Do not apply this product directly to water within 112 mile up- stream of an active potable water intake in flowing water (i.e., river, stream, etc.) or within 112 mile of an active potable water intake in a standing body of water such as a lake, pond or reservoir. To make aquatic applications. around and within 112 mile of active potable water intakes, the water intake must be turned off for a minimum period of 48 hours after application. These aquatic applications may be made ONLY in those cases where there are alternative'water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 48 hours after the application. This restriction does not apply to intermittent inadvertent overspray of water in terrestrial use sites. Do not spray open bodies of water where woody brush, trees and herbaceous weeds do not exist. The maximum application rate of 3 314 quarts per acre must not be exceeded in a single over -water broadcast application except as follows, where any recommended rate may be applied: • Stream crossings in utility right -of -way. • Where applications will result in less than 20 percent of the total water — area being Wildlife Habitat Restoration and Management Areas This product is recommended for the restoration and/or maintenance of native habitat and in wildlife management areas. Habitat Restoration and Maintenance: When applied as directed, exotic and other undesirable vegetation may be controlled in habitat management areas, Applications may be made to allow recovery of native plant species, to open up water to attract waterfowl, and for similar broad - spectrum vegetation control requirements In habitat management areas. Spot treatments may be made to selectively remove unwanted plants for habitat enhancement. For spot treatments, care should be exercised to keep spray off of desirable plants. Tank Mixture with Atrazine: To release Douglas fir, apply 314 quart of this product with 4 pounds a.i. of atrazine per acre, Apply only over Douglas fir that has been established for at least one full growing season. Apply in the early spring, usually mid -March through early April. Injury will occur If applications are made after bud swell in the spring. For this use, do not add surfactant to the tank mixture. Always read and follow the manufacturer's label for all herbicides and surfactants used. Wildlife Food Plots: This product may be used as a site preparation treatment prior to planting wildlife food plots. Apply as directed to control vegetation in the plot area. Any wildlife food species may be planted after applying this product, or native species may be allowed to reinfest the area. If tillage is needed to prepare a seedbed, wait 7 days after applying this product before tillfng to allow for maximum effectiveness. 14 Specimen Label Revised 07 -23 -08 Wiper Applications For wick or wiper applications, mix 1 gallon of this product with 2 gallons of clean water to make a 33 percent solution. Addition of a nonionic surfactant at a rate of 10 percent by volume of total herbicide solution is recommended. Wiper applications can be used to control or suppress annual and perennial weeds listed on this label. In heavy weed stands, a double application in opposite directions may improve results. See the "Weed Controlled" section in this label for recommended timing, growth stage and other instructions for achieving optimum results Cut Stump Application Woody vegetation may be controlled by treating freshly out stumps of trees and resprouts with this product. Apply this product using suitable equipment to ensure coverage of the entire cambium. Cut vegetation close to the soil surface. Apply a 50 to 100 percent solution of this product to freshly cut surface immediately after cuffing. Delay in applying this product may result in reduced performance. For best results, trees should be cut during periods of active growth and full leaf expansion. When used according to directions for cut stump application, this product will control, partially control or suppress most woody brush and tree species, some of which are listed beiow: Common Name Scientific Name Alder Alnus spp. Coyote brush Baccharis consanguinea Dogwood' Cornus spp. Eucalyptus Eucalyptus spp. Hickory' Carya spp. Madrone Arbutus menziesfi Maple' Acer spp. Oak Quercus spp. Poplar' Populus spp. Reed, giant Arundo donax Salt cedar Tamarix spp. Sweet gum ' Liquidambar styraciflua Sycamore' Platanus occidentalis Tan oak Lithocarpus densifiorus Willow Salix spp. ' This product is not approved for this use on these species in the state of California. Injection and Frill Applications Woody vegetation may be controlled by injection or frill application of this product. Apply this product using suitable equipment which must penetrate into living tissue. Apply the equivalent of 1 ml of this product per 2 to 3 inches of trunk diameter. This is best achieved by applying 25 to 100 percent concentration of this product either to a continuous frill around the tree or as cuts evenly spaced around the tree below all branches. As tree diameter increases in size, better results are achieved by applying dilute material to a continuous frill or more closely spaced cuttings. Avoid application techniques that allow runoff to occur from frill or cut areas in species that exude sap freely after frills or cutting. in species such as these, make frill or cut at an oblique angle so as to produce a cupping effect and use undiluted material. For best results, applications should be made during periods of active growth and full leaf expansion. This treatment will control the following woody species: Common Name Scientific Name Oak Quercus spp. Poplar Populus spp. Sweet gum Liquidambarstyraciflua Sycamore Platanus occidentalis This treatment will suppress the following woody species: Common Name Scientific Name Black gum' Nyssa sylvatica Dogwood Cornus spp. Hickory Carya spp. Maple, red Aver rubrum 'This product is not approved for this use on this species in the state of California. Release of Bermudagrass or Bahiagrass on Noncrop Sites Release Of Dormant Bermudagrass And Bahiagrass When applied as directed, this product will provide control or suppression of many winter annual weeds and tall fescue for effective release of dormant bermudagrass or bahiagrass. Make applications to dormant bermudagrass or bahiagrass. For best results on winter annuals, treat when weeds are in an early growth stage (below 6 inches in height) after most have germinated. For best results on to €I fescue, treat.when fescue is in or beyond the 4 to 6 -leaf stage. 15 Specimen Label Revised 07 -23 -08 Weeds Controlled Rate recommendations for control or suppression of winter annuals and tall fescue are listed below, Apply the recommended rates of this product in 14 to 25 gallons of water per acre plus a surfactant such as a non -ionic surfactant containing 80 or greater active ingredient. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information, Weeds Controlled or Suppressed' Note: C = Controlled; S = Suppressed 'These rates apply only to sites where an established competitive turf is present. Release Of Actively Growing Bermudagrass MOTE: Use only on sites where bahlagrass or bermudagrass are desired for ground cover and some temporary injury or yellowing of the grasses can be tolerated. When applied as directed, this product will aid in the release of bermudagrass by providing control of annual species listed in the "Weeds Controlled" section in this label, and suppression or partial control of certain perennial weeds. For control or suppression of those annual species listed in this label, use 314 to 2 114 pints of this product as a broadcast spray in 10 to 25 gallons of spray solution per acre, plus a surfactant such as a non- ionic surfactant containing 80% or greater active ingredient.. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions' section of this label and the surfactant manufacturer label for more information. Use the lower rate when treating annual weeds below 6 inches in height (or length of runner in annual vines), Use the higher rate as size of plants increases or as they approach flower or seedhead formation. 16 Specimen Label Revised 07 -23 -08 Rate Fluid Ounces Per Acre 6 9 12 18 24 48 Weed Species Harley, little S C C C C C Hordeam pusilluM Bedstraw, catchweed S C C C C C Galium a arine Bluegrass, annual S C C C G C Poa annua Chervil S C C C C C Ghaero h Ilum tainturleri Chickweed, common S C C C C Stellada media Clover, crimson • S S C C C Trffolium incarnatum Clover, large hop 5 S C C C Trifolfurn cain estre Speedwell, corn S C C C C G Veronica arvensis Fescue, tali S S Festuca arundinacea Geranium, Carolina S S C C Geranium carolinfanum Henbit S C C C C Lamium am lexicaule Ryegrass, Italian S C C C Lofium multiflorum .Vetch, common S C C C Vicfa saliva 'These rates apply only to sites where an established competitive turf is present. Release Of Actively Growing Bermudagrass MOTE: Use only on sites where bahlagrass or bermudagrass are desired for ground cover and some temporary injury or yellowing of the grasses can be tolerated. When applied as directed, this product will aid in the release of bermudagrass by providing control of annual species listed in the "Weeds Controlled" section in this label, and suppression or partial control of certain perennial weeds. For control or suppression of those annual species listed in this label, use 314 to 2 114 pints of this product as a broadcast spray in 10 to 25 gallons of spray solution per acre, plus a surfactant such as a non- ionic surfactant containing 80% or greater active ingredient.. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions' section of this label and the surfactant manufacturer label for more information. Use the lower rate when treating annual weeds below 6 inches in height (or length of runner in annual vines), Use the higher rate as size of plants increases or as they approach flower or seedhead formation. 16 Specimen Label Revised 07 -23 -08 r Use the higher rate for partial control or longer -term suppression of the following perennial species. Use lower rates for shorter -term suppression of growth. Bahiagrass Johnsongrass I Dallisgrass Trumpetcreeper ff Fescue (tall) Vaseygrass ' Johnsongrass is controlled at the higher rate. " Suppression at the higher rate only. Use only on well- established bermudagrass, Bermudagrass injury may result from the treatment but regrowth will occur under moist conditions. Repeat applications in the same season are not recommended, since severe injury may result. Bahiagrass Seedhead and Vegetative Suppression When applied as directed in the "Noncrop Sites" section in this label, this product will provide significant inhibition of seedhead emergence and will suppress vegetative growth for a period of approximately 45 days with single applications and approximately 120 days with sequential applications. Apply this product 1 to 2 weeks after full green -up of bahiagrass or after the bahiagrass has been mowed to a uniform height of 3 to 4 inches. Applications must be made prior to seedhead emergence. Apply 5 fluid ounces per acre of this. product in 10 to 25 gallons of water per acre, plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient.. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions" section of this label and the surfactant manufacturer label for more information. Sequential applications of this product plus nonionic surfactant may be made at approximately 45 -day intervals to extend the period of seedhead and vegetative growth suppression. For continued vegetative growth suppression, sequential applications must be made prior to seedhead emergence. Apply no more than 2 sequential applications per year. As a first sequential application, apply 3 fluid ounces of this product per acre plus nonionic surfactant. A second sequential application of 2 to 3 fluid ounces per acre plus nonionic surfactant may be made approximately 45 days after the last application. Annual Grass Growth Suppression For growth suppression of some annual grasses, such as annual ryegrass, wild barley and wild oats growing in coarse turf on roadsides or other industrial areas, apply 3 to 4 ounces of this product in 10 to 40 gallons of water per acre plus a surfactant such as a non -ionic surfactant containing 80% or greater active ingredient.. Use of this product without surfactant will result in reduced herbicide performance. Refer to the "Mixing and Application Instructions'' section of this label and the surfactant manufacturer label for more information. . Applications should be made when annual grasses are actively growing and before the seedheads are in the boot stage of development. Treatments made after seedhead emergence may cause injury to the desired grasses, Terms and Conditions of Use If terms of the following Warranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies are not acceptable, ieium unopened package at once to the seller for a full refund of purchase price paid. Otherwise, use by the buyer or any other user constitutes acceptance of the terms under Warranty Disclaimer, Inherent Risks of Use and limitations of Remedies. Warranty Disclaimer Dow AgroSciences warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated on the label when used in strict accordance with the directions, subject to the inherent risks set forth below. Dow AgroSciences MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY, Inherent Risks of Use It is impossible to eliminate all risks associated with use of this product . Crop injury, lack of performance, or other unintended consequences may result because of such factors as use of the product contrary to label instructions (including conditions noted on the label, such as unfavorable temperatures, soil conditions, etc.), abnormal conditions (such as excessive rainfall, drought, tornadoes, hurricanes), presence of other materials, the manner of application, or other factors, all of which are beyond the control of Dow AgroSciences or the seller. To the fullest extent permitted by law, all such risks shall be assumed by buyer. Limitation of Remedies The exclusive remedy for losses or damages resulting from this product (including claims based on contract, negligence, strict liability, or other legal theories), shall be limited to, at Dow AgroSciences' election, one of the following: (1) Refund of purchase price paid by buyer or user for product bought, or (2) . Replacement of amount of product used. Dow AgroSciences shall not be liable for losses or damages resulting from handling or use of this product unless Dow AgroSciences is promptly notified of such loss or damage in writing. To the fullest extent permitted by law, in no case shall Dow AgroSciences be liable for consequential or incidental damages or losses. The terms of the Warranty Disclaimer above and this Limitation of Remedies cannot he varied by any written or verbal statements or agreements. No employee or sales agent of Dow AgroSciences or the seller is authorized to vary or exceed the terms of the Warranty Disclaimer or this Limitation of Remedies in any manner, ® Trademark of Dow AgroSciences LLC Produced for Dow AgroSclences LLC 9330 Zionsville Road Indianapolis, IN 46268 Label Code: D02.148 -005 Replaces Label: D02- 148 -004 LOES Number: 010.01471 EPA - accepted 07/13/06 Revisions: 1, Updated Storage and Disposal 7 Specimen Label Revised 07 -23 -08 PRECAUTIONARY STATEMENTS Hazards to Humans and Domestic Animals CAUTION. Harmful If absorbed through skin or inhaled. Causes moderate eye irritation. Avoid breathing spray mist. Avoid contact with skin, eyes or clothing. Keep Out of Reach of Children CAUTION /PRGCAUCON Si usted no entlende la ettqueta, busque a algulen para quo se la explique a usted on detalle. (if you do not understand this label, find someone to explain it to you in detail.) PERSONAL PROTECTIVE EQUIPMENT (PPE) Some materials that are chemically resistant to this product are listed below. If you want more options, follow the instructions for Category A on an EPA chemical - resistance category selection chart. Applicators and other handlers must wear; • Long- sleeved shirt and long pants: Cherrilcakesistant gloves, such as butyl rubber z 14 mils, natural rubber a 14 mils, neoprene rubber :e 14 mils, or nitrile rubber z- 14 mils; and • Shoes plus socks.. Follow manufacturer's instructions for cleaning and maintaining PPE. If no such instructions for washables exist, use detergent and hot water, Keep and wash PPE separately from other laundry. USER SAFETY RECOMMENDATIONS Users should: Wash hands before eating, drinking, chewing gum, using tobacco or using the tolleL Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put an clean clothing, Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into dean clothing. ENVIRONMENTAL HAZARDS This pesticide may be hazardous to plants outside the treated area. Da . not apply to water except as specified in this label. Do not contaminate water when disposing of equipment washwaters and rinsate. DIRECTIONS FOR USE it is a violation of federal law to use this product in a manner inconsistent with its labeling. This labeling must be in the possession of the user at the time of pesticide application. 00 NOT apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your state or tribe, consult the agency responsible for pesticide regulation. Ensure spray drift to nontarget susceptible species does not occur. Do NOT apply ClearcasV Herbicide in any manner not specifically described In this label. Observe all cautions and limitations on this label and on the labels of products used in combination with Clearcast. 00 NOT use Clearcast other than in accordance with the instructions set forth on this label. Keep containers closed to avoid spills and contamination, STORAGE AND DISPOSAL DO NOT contaminate food, feed or water by storage or disposal, tsesticida $forage Keep from freezing. DO NOT store below 32 °F. Pesticide Disposal Wastes resulting from the use of this product may be disposed of on -site or at an approved waste disposal facility. Container Disposal Nonrefillable Container. DO NOT reuse or refill this container. Triple tinse or pressure rinse container (or equivalent) promptly after emptying; then offer for recycling, if available, or reconditioning, if appropriate, or puncture and dispose of in a sanitary landfill, or by incineration, or by other procedures approved by state and local authorities, Triple rinse containers small enough to shake (capacity s 5 gallons) as follows: Empty the remaining contents into application . equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1 /4 full with water and recap. Shake for 10 seconds. Pour ftsate snto application equipment or a mix tank, or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Triple rinse containers too large to shake (capacity n 5 gallons) as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1 /4 full with water. Replace and tighten closures. Tip Mnta #ner on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its and and tip it back and forth several times. Turn the container over onto Its other end and tip 'ii hack and r•orih several times. Empty ti ie rinsate into application equipment or a mix tank, or store rinsate for later use or disposal, Repeat this procedure two more times. (Continued) (b %j ciearcast 0 AI If on skin Take off contaminated clothing, or clothing Rinse skin immediately with plenty of water for IS to 20 minutes. • Call a poison control center or doctor for treatment advice. If In eye, Hold eyes open and rinse slowly and gently with water for 15 to 20 minutes. Remove contact lenses, if present, after the first 5 minutes; then continue rinsing eyes. Call a poison control center or doctor for treatment advice. ITIFFaled Move person to fresh air. It person is not breathing, call 911 or an ambulance; then give artificial respiration, preferably mouth to mouth if possible. • Call a poison control center or doctor for further treatment advice. HOTLINE NUMBER Have the product container or label with you when calling a poison control center or doctor or going for treatment. You may also contact INFOTAAC for emergency medical Informations 1-800- 535-5053. PERSONAL PROTECTIVE EQUIPMENT (PPE) Some materials that are chemically resistant to this product are listed below. If you want more options, follow the instructions for Category A on an EPA chemical - resistance category selection chart. Applicators and other handlers must wear; • Long- sleeved shirt and long pants: Cherrilcakesistant gloves, such as butyl rubber z 14 mils, natural rubber a 14 mils, neoprene rubber :e 14 mils, or nitrile rubber z- 14 mils; and • Shoes plus socks.. Follow manufacturer's instructions for cleaning and maintaining PPE. If no such instructions for washables exist, use detergent and hot water, Keep and wash PPE separately from other laundry. USER SAFETY RECOMMENDATIONS Users should: Wash hands before eating, drinking, chewing gum, using tobacco or using the tolleL Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put an clean clothing, Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into dean clothing. ENVIRONMENTAL HAZARDS This pesticide may be hazardous to plants outside the treated area. Da . not apply to water except as specified in this label. Do not contaminate water when disposing of equipment washwaters and rinsate. DIRECTIONS FOR USE it is a violation of federal law to use this product in a manner inconsistent with its labeling. This labeling must be in the possession of the user at the time of pesticide application. 00 NOT apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your state or tribe, consult the agency responsible for pesticide regulation. Ensure spray drift to nontarget susceptible species does not occur. Do NOT apply ClearcasV Herbicide in any manner not specifically described In this label. Observe all cautions and limitations on this label and on the labels of products used in combination with Clearcast. 00 NOT use Clearcast other than in accordance with the instructions set forth on this label. Keep containers closed to avoid spills and contamination, STORAGE AND DISPOSAL DO NOT contaminate food, feed or water by storage or disposal, tsesticida $forage Keep from freezing. DO NOT store below 32 °F. Pesticide Disposal Wastes resulting from the use of this product may be disposed of on -site or at an approved waste disposal facility. Container Disposal Nonrefillable Container. DO NOT reuse or refill this container. Triple tinse or pressure rinse container (or equivalent) promptly after emptying; then offer for recycling, if available, or reconditioning, if appropriate, or puncture and dispose of in a sanitary landfill, or by incineration, or by other procedures approved by state and local authorities, Triple rinse containers small enough to shake (capacity s 5 gallons) as follows: Empty the remaining contents into application . equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1 /4 full with water and recap. Shake for 10 seconds. Pour ftsate snto application equipment or a mix tank, or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Triple rinse containers too large to shake (capacity n 5 gallons) as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1 /4 full with water. Replace and tighten closures. Tip Mnta #ner on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its and and tip it back and forth several times. Turn the container over onto Its other end and tip 'ii hack and r•orih several times. Empty ti ie rinsate into application equipment or a mix tank, or store rinsate for later use or disposal, Repeat this procedure two more times. (Continued) (b %j ciearcast 0 AND DISPOSAL (continued) Pressure rinse as follows: Empty the remaining contents Into application equipment or mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank, or colect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container and rinse at about 40 PSI for at least 30 seconds. Brain for 10 seconds after the flaw begins to drip. Refillable Container, Refill this container with pesticlde only. DO NOT reuse this container for any other purpose. Triple rinsing the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling Is the responsibility of the refiller. Triple rinse as follows: To clean the container before final disposal, empty the remaining contents from this container into application equipment or mix tank. Fill the container about 10% full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate, into application equipment or rinsate collecOon system. Repeat this rinsing procedure two more times. When this container Is empty, replace the cap and seal all openings that have been opened during use, return the container to the point of purchase or la a designated location. This container must only be refilled with a pesticide product. Prior to refilling, inspect carefully for damage such as cracks, punctures, abrasions, worn -Out threads and closure devices. Check for leaks after refilling and before transport, DO NOT transport if this container is damaged or leaking. It the container is damaged, or leaking, or obsolete and not returned to the point of purchase or to a designated location, triple rinse emptied container and offer for recycling, if available, or dispose of container In compliance with state and local regulations. IN CASE OF EMERGENCY I In case of large -scale spillage regarding this product, call INFOTRAC at 1- 800 -535 -5053. In case of medical emergency regarding this product, call: Your local doctor for immediate treatment Your local poison control center (hospital) IN FOTRAC: 1-800 -535 -5053 Steps to be taken In case material 1s released or spilled: Dike and contain the spill with inert material (sand, earth, etc.) and transfer liquid and solid diking material to separate containers for disposal Remove contaminated clothing, and wash affected skin areas with soap and water. Wash clothing before reuse. Keep the spill out of all sewers and open bodies of water. PRODUCT INFORMA77t5N Clearcast is an aqueous formulation that may be diluted In water and either applied directly to water for the controllsuppression of certain submerged aquatic vegetation or applied as a broadcast or spot spray to floating and emergent vegetation. Aquatic sites that may be treated Include estuarine and marine sites, ponds, lakes, reservoirs, wetlands, marshes, swamps, bayous, arroyos, ditches, canals, streams, rivers, creeks and other slow- moving or quiescent bodies of water. Clearcast may also be used during drawdown conditions. Clearcast may also be applied for terrestrial and riparian vegetation control in industrial noncropland sites, and railroad, utility, and highway rights - of -way. Industrial noncropland sites include utility plant sites, tank farms, pumping installations, storage areas, fence rows and ditch banks. Clearcast may also be used for the establishment and maintenance of wildlife openings. Clearcast may also be used on those sites listed above that may be grazed or cut for hay, Clearcast is quickly absorbed by foliage and/or plant roots and rapidly translocated to the growing points stepping growth. Susceptible plants may develop a yellow appearance or general discoloration and will eventually die or be severely growth inhibited, Clearcast is herbicidally active on many submerged, emergent and floating broadleaf and monocot aquatic plants. The relative levels of control and selectivity can be manipulated by using a choice of rates and herbicide placement (water injected or floating /emergent foliar application). To help maintain the utility of herbicide programs, the use of herbicides with different modes of action is effective in managing weed resistance. Spray Adjuvants Applications of Clearcast to emergent, floating or shoreline species require the use of a spray adjuvant. Always use a spray adjuvant that is appropriate for aquatic sites. • Nonionfe Surfactants - Use a nonionic surfactant at 0,25% volume/volutne (Wv) or higher (see manufacturer's label) of the spray solution (0.25°/9 viv is equivalent to i quart In 100 gallons). For best results, select a nonlonic surfactant with an HLB (hydrophilic to lipophille balance) ratio between 12 and 17 with at least 70% surfactant In the formulaled product (alcohols, tatty acids, oils, ethylene glycol or diethylene glycol should not be considered as surfactants to meet the above requirements). • Mathylated Seed Oils or Vegetable Oil Concen #rates - Instead of a surfactant, a methylated seed oil or vegetable -based seed oil concentrate may be used at 1,5 to 2 pints per acre, When using spray volumes greater than 30 gallons per acre, mix methylated seed oil or vegetable -based seed oil concentrates at 1 % of the total spray volume, or alternatively use anonionio surfactant as described above. Research Indicates that these oils may aid in Clearcast deposition and uptake by plants under stress. • Silicone -based Surfactants • See manufacturers label for specific rate recommendations. Sil €cone -based surfactants may reduce the surface tension of the spray droplet allowing greater spreading on the loaf surface as compared to convenflonal nonionic surfactants. However, some silicone -based surfactants may dry too quickly, limiting herbicide uptake. • Invert Emulsions — Clearcast can be applied as an invert emulsion. The spray solution results in an Invert (water - In -rill) spray emulsion designed to minimize spray drift and spray runoff, resulting in more herbicide on the target foliage. The spray emulsion may be formed in a single tank (batch mixing) or injected (in -line mixing). Consult the invert chemical label for proper mixing directions. • Other -An ant €foarning agent, spray pattern indicator, sinking agent or drill- reducing aganl may be applied at the product labeled rate if necessary or desired. Spray Orlft Requfrernenls for Aerial Application Applicators are required to use a coarse or coarser droplet size (ASABE 5572) or, if specifically using a spinning atomizer nozzle, applicators are required to use a volume mean diameter (VIVID) of 385 microns or greater for release heights below 10 feet, Applicators are required to use a very coarse or coarser droplet size or, if specifically using a spinning atomizer nozzle, applicators are required to use a VMD of 475 microns or greater for release heights above 10 feet. Applicators must consider the effects of nozzle orientation and flight speed when determining droplet size. • Applicators are required to use upwind swath displacement. • The boom length must not exceed 80°fo of the fixed wingspan or 90% of the rotor blade diameter to reduce spray drift, • PO NOT apply when wind speed is greater than 10 mph. • If applying at wind speeds less than 3 mph, the applicator must determine if 1. Conditions of tornporature inversion eadst or 2. Stable atmospheric conditions exist at or below nozzle height. DO NOT make applications into areas of temperature inversions or stable atmospheric conditions. Spray Drift Requlrernents for Ground Boom Application Applicators are required to use a nozzle height below 4 feet above the ground or plant canopy and coarse or coarser droplet size (ASABE 9572) or, If specifically using a spinning atomizer nozzle, applicators are required to use a volume mean diameter (VINE}) of 385 microns or greater. Applications with wind speeds greater than 10 mph are prohibited. Applications Into temperature inversions are prohibited. 00 NOT apply when wind conditions may result In drift, when temperature inversion conditions exist, or when spray may be carried to sensitive areas. See Managing CiXiargetMovementsection for more drift reduction recommendations. AQUATIC USE DIFIECTION Clearcast may be applied directly to the water for the contraf of submerged aquatic plant species and some emergent and floating species, or as a follar application specifically for emergent and.floating species. DO NOT exceed maximum use rate per application: Water treatment - 500 ppb (173 fl ozs of Clearcast per acre foot) Faliar broadcast application —1 gallon per acre (1.0 lb ae /A) • Fallar spot application - up to 5% Clearcast by volume Clearcast may be applied by surface and aerial equipment including both fixed -wing aircraft and helicopter. Foller Application Targeted Emergent arid/or Floating Vegetation Application To make surface applications targeting emergent or floating vegetation, uniformly apply with properly calibrated broadcast or spot treatment equipment in 10 or more gallons. of water per acre. Spot treatments can be made with up to 51/* Clearcast by volume. To ensure thorough spray coverage, higher spray volumes may be required when treating areas With large and/or dense vegetation. Use an appropriate spray pressure to minimize the drift potential depending upon spray equipment, conditions and application objectives. Foliar Treatment of Emergent and Floating Vegetation Guidelines • Always use a surfactant for follar applications of emergent and floating weeds. Faliar applications of Clearcast may be made as a broadcast spray or as a spot spray with a percent spray solution ranging from 0.25°/6 to 5% Clearcast by volume. • Control will be reduced It spray Is washed off foliage by wave action. In aqua#ic sites, those application techniques described In the Terrestrial Use Directions section may be used to treat emorgunt vegetation. Application to Water Water application toTargot Submerged and/or Emergent/Floating Vegetation Cloarcast may be broadcast-applied to the water surface or injected below the water surface. Clearcast may be applied as undiluted product or diluted with water prior to application. Finder surface - matted conditions, Inject Clearcast. below the water surface to achieve better product distribution. Apply Clearcast to water to achieve a final concentration of the active ingredient of no more than 500 ppb. Multiple applications of Clearcast may be made during the annual growth cycle to maintain the desired Vegetation response. I 13 f) °71ea��reratk- � 1bD 2d0 Soo .. _ 1 17 35 69 173 2 35 69 138 346 3 52 104 267 518 4 70 138 277 6991 5 87 173 346 864 6 104 207 415 1,937 7 122 242 484 1,210 8 139 277 553 1,382 9 157 311 622 1.555 10 1 174 346 691 1,728 t Clearcast contains 1,0 pound of active ingredient per gallon. There are 128 fl oz in one gallon. Aerial Application Clearcast may be applied by both fixed-wing aircraft and helicopter. There Is no minimum spray volume when making applications directly to the water. For applications targeting emergent andlor floating vegetation, uniformly apply with properly calibrated equipment in 5 or more gallons of water per surface acre. For best results, make aerial applications using a minimum of go gallons per acre. Drawdown Application . .. CEearbastmty be ►isea in drawdown "sltratiorrs to provide pusternorgeiice and /or preemergence controllsuppression of aquatic vegetation. Apply Clearcast as a broadcast spray at rates up to 1 gallon/A or as a spot spray treatment with up to 5% Clearcast by volume. Make applications when water has receded and exposed soil is moist to dry, For poslemergence (follar) applications, wait at least two weeks after application before reintroducing water. When treating irrigation canals. the Initial flush of recharge water after application must not be used for irrigation purposes. R E LIMUAT " DO NOT apply Clearcast to achieve a total active ingredient concentration in the water greater than 500 ppb. + Do NOT apply more than 1 gallon of Clearcast per surface acre for the control of emergent and floating vegetation. Irrigation Restrictions + DO NOT use treated water to irrigate greenhouses, nurseries or hydroponics. " DO NOT plant sugar beets, onions, potatoes or non- CLEARFIELDII canola In soils that have been previously Irrigated with Clearcast treated water until a sail bloassay successfully demonstrates acceptable levels of crop tolerance. DO NOT use Clearcast- treated waters resulting in a concentration > 50 ppb for irrigation until residue levels have been shown to be s 50 ppb by an acceptable method. • Walt 24 hours before irrigating from still or quiescent waters after making a Cleracast application for submerged vegetation a 106 feet from an irrigation intake. • Wait 24 hours before irrigating from still and quiescent waters after making a Clearcast application to emergent andlor floating vegetation if a 25% of the surface area of the water body has been treated or application was made < 100 feet from an irrigation intake. + Flowing waters may be used to irrigate allowable sites with no restrictions when Glearcast Is applied at :5 2 quarts per acre to waters with an average depth of ;-- 4 feet. + After application of Clearcast to dry irrigation canals /ditches, the Initial flush of water during recharge must not be used for irrigation purposes unless the imazarnox concentration has been determined by an acceptable method to be -_ 50 ppb. Clearcast applied at s 2 quarts per acre in or on waters with a minimum average depth �!: 4 feet will result in Clearcast concentrations c 50 ppb, Other Water Use Restrictions There are no restrictions on livestock watering, swlmming, fishing, domestic use, or use of treated water for agricultural sprays. Potable Water Clearcast may be applied to potable water sources at concentrations up to 500 ppb to within a distance of 1 /4 mile from an active potable water Intake. Within '/4 mile of an active potable water intake, Clearcast may be applied, but water concentrations resulting from injection andlor follar applications may not exceed 50 ppb. If water concentrations greater than 50 ppb are required, the potable water intake must be shut and, If necessary, an alternate water supply be made available until the water concentration can be shown to be less than 59.ppb by an acceptable method, Endangered Plant species To prevent potential negative Impacts to endangered plant species, DO NOT apply Clearcast in a way that adversely affects federally listed endangered and threatened species. Wl= CONTROLLE=D o� _A 6UPPRES5ED BY CLEARCAST Efficacy and selectivity of Clearcast is dependent upon many factors including dose, time of year, stage of plant growth, plant susceptibility, method of application, and water movement. Rate selection will be partially dependent on characteristics of the treatment area and whether growth regulation or control Is desired. Some areas may require a repeat application to control or suppress regrowth. Consult SePRO Corporation to determine best treatment protocols to manage individual species and to meet specific aquatic plant management objectives. Emergent, Floating, and Shoreline Species Controlled with Foliar Application Common Dame Scientific Name Rate (f142s1A) Comments Alligatorweed Alternanthera philoxeroldes 64 to 128 Repeat applications maybe necessary. Add 1 gt/A of Rodeo herbicide for quicker brownout, American lotus Nelumbo lutes 64 to 128 Water stargrass Arrowhead Sagittarla spp. 32 to 64 Vartable-leaf milioll Cattail Typhe spp. 32 to 64 Apply after full green up through killing frost. Chinese tallowtree 5apium seblferum 32 to 64 Common reed Phragmites spp_ 96 to 128 Use 1 g1lA methylated seed oll (MSO); apply in late vegetative stage up to killing frost, Also apply as a spot treatment using 1 % to 2% Clearcast per spray volume. Older stands of phragmi#ies and stands growing in water may be more difficult to control and will require follow-up applications. Common salyinia Salvinla minima 32 to 64 Apply with MSO or. MSO + sillrone -based surfactant; retreatment will be necessary. Floating pennywort Hydrocotyle ranunculoides 32 to 64 Repeat applications may be necessary, Flowering rush Butomus umbellatus 64 to 128 Four -leaf clover Marsllse spp. 32 to 64 Frog's bit Lymnobium spongia 16 to 32 Giant cane Arunde donax 84 to 128 Japanese knotweed PoWonum cuspidatum 64 to 128 Mexican lily Nymphaea mexlcana 32 to 64 Mosquito fern Azo11a spp. — Apply using 2% to 5% Clearcast and 1 % MSO by volume, Parrotfeather Myliophylium aquaticum 64 to 128 Apply only to emergent vegetation. Pickerelweed Pontederla cordate 321o64 Smartweed Polygonum spp. 16 to 32 Spatterdock Nupharlutea 64 to 128 Variable -leat miltoil Myrfophyllum heterophyllum 64 to 128 Apply with MSO (1 % vlv) as an emergent foliar treatment when plants have emerged on the surface. Also apply as a spot treatment using I% to 3% Clearcast per spray volume. Water chestnut Trapa natans 64 to 128 Apply with MSO to emergent part of plant. Also apply as a spot treatment using 21/. to 5% Clearcast per spray volume. Water hyacinth Elchhornia crassipes 16 to 32 Water lettuce Pisria strafiotes 48 to 96 Water lily Nymphaea spp. 32 to 64 Water primrose Ludwigla spp, 32 to 64 Add 1 gt1A of Rodeo for quicker brownout, Watershield Brasenia schreberi 48 to 84 Wild taro Colocasla esculenta 96 to 128 Species Susceptible to Water - injected Applications Moderately Suscaptible Vascular Aquatic plants The following categories are provided to define species that may be growth regulated or controlled with Clearcast following in -water applications: susceptible moderately susceptible, and less susceptlblo. Some species that are susceptible to follar applications of Clearcast may be less susceptible to in -water applications. Use of higher rates are necessary to achieve desired controllsuppression in areas of greater water exchange; when treating more mature or less susceptible plants; when targeting more difficult -to- control aquatic species; and when treating small areas in larger bodies of water (partial or spot treatments). Lower concentrations are generally used when conducting early season large -scale treatments; when greater selectivity is desired; and treating larger areas, more immature or susceptible plants, and areas with less potential for rapid water exchange. - Use of lower rates may Increase selectivity on some species within the same category. Effects on susceptible plants can range from control to growth regulation depending on treatment site characteristics, exposure time, and application rate. Susceptible plant species may exhibit herbicide stress or reduced growth during active treatment phases. Whole lake applications with lower rates may provide plant growth regulation or greater selectivity while higher rates will generally provide broader activity. Susceptible Vascular Aquatic Plants Ammon Name Scientific Name Curlyleaf pondweed Potamogefon crtspus Eurasian watermllfoil Myrlophyllum spicatunr Hydrilla Hydrilla verticillata Saga pondweed Stuckenia pectinata Water hyacinth l=lahhornla.crassipes Water stargrass lHatoranthera dubla Common Name cent is Name American pondweed Potamogefon nodosus Bladderwort Utrfcularla spp. Frog's bit L mnoblum spongia Illinois pondweed Potamogefon JJlinoensis f fekerelweed Pontederla cordate Salvinia Satvinia spp, Splkerush Elsocharis bialdwinii Vartable-leaf milioll Myriophyllum heterophyllum VJid eon grass Ruppia maritfma . Lose Susceptible Vascular Aquatic plants Common Name Scientific Name Bulrush Schoenoplectus calltornicus Cattail Typhe spp. Coontail Ceratophyllum demersum Egerla Egerla densa Flowering rush Butomus umbellatus Spatterdock Nuphar lutea Southern naiad Najasguadatupensis Water lily !Nymphaea ororata Watershield Brasenta schreban Special fled Contr©I —Sago Pondwaed In dry ditches (drainage and irrigation), sago pondweed may be controlled or growth suppressed with solpapplied Clearcast at to 128 fl ozs1A, In Irrigation canals, apply Clearcast after drawdown and prior to water recharge. TERRESTRIAL USE DIRECTIONS Clearcast may be applied with ground and aerial equipment Including both fixed -wing aircraft and helicopter. Applications may be made using foliar broadcast spray, foliar spot spray, injection (hack and squirt), trill and girdle, out stump, or basal methods. Broadcast Spray Application DO NOT apply more than 1 gallon of Clearcast per acre. Foliar Spot Application Apply Glearcast as a percent solution, containing up to 5% Clearcast by volume. Injection (Hack and Squirt), Frill And Girdle, and Cut Stump Application Treatments may be made using up to 100% Clearcast by volume. Basal Application Treatments can be made using up to 25% Glearcast by volume_ Basal applications require the use of a good emulsion system to maintain Clearcast in a stable emulsion with the penetrating agent being used. All foliar applications of Clearcast require the use of a spray adjuvant. Refer to the Spray Adjuvants section for additional information. Managing Off- target Movement The following information is general guidance for managing and minimizing off•target.exposure of this product. Specific use directions in this label may vary from these general guidelines depending on the application method and objectives and should supersede the general Information provided below. Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of marry equipment - related and weather - related factors determines the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions. The following dtift management requirements must be followed to avoid off - target drift movement from aerial applications: 1, The distance of the outermost nozzles on the boom must not exceed V4 the length of the fixed !wingspan or 90% of the rotor blade diameter. 2, Nozzles must always point backward parallel with the airstream and never be pointed downward more than 45 degrees. 3. Do not apply it wind speed is greater than 10 mph, except when making injection or subsurface applications to water. Where states have more stringent regulations, they must be observed. The applicator must be familiar with and take Into account the information covered in the following aerial drift reduction advisory information. Information on Droplet Size The most effective way to reduce drift potential is to apply largo droplets. The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control, Applying larger droplets reduces drift potential but will not prevent drift if applications are made improperly or under unfavorable environmental conditions (see Wind, Temperature and Humidity and Temperature lnversions). Controlling Droplet Size: • volume - Use high slow rate nozzles to apply the highest practical spray volume. Nozzles with higher rated flows produce larger droplets. • Pressure — BU NOT exceed the nozzle manufacturer's recommended pressures. f=or many nozzle types, lower pressure produces larger droplets. When higher flow rates are needed,. use higher flow rate nozzles instead of increasing pressure. • Number of Nozzles - Use the minimum number of nozzles that provides uniform coverage. • Nozzle Orientation - Orienting nozzles so that the spray is released parallel to the airstream produces larger droplets than other orientations and is recommended pracdoe. Significant deflection from the horizontal will reduce droplet size and Increase drift potential. • Nozzle Type - Use a nozzle type that is designed for the intended application, With most nozzle types, narrower spray angles produce larger droplets. Consider using low -drift nozzles. Solid- stream nozzles oriented straight back produce the largest droplets and the lowest drift. Boom Length For some use patterns, reducing the effective boom length to less than 3 /4 of the fixed wingspan or 90% of rotor blade diameter may further reduce drift without reducing swath width. Application Height Applications must not be made at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft safety. Making applications at the lowest height that Is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment When applications are made with a crosswind, the swath will be displaced downwind. Therefore, on the upwind and downwind edges of the field, the applicator trust compensate for this displacement by adjusting the path of the aircraft upwind. Swath adjustment distance should increase with increasing drift potential (higher wind, smaller droplets, etc,). Wind Drift potential is lowest between wind speeds of 2 to 10 mph. However, many factors, including droplet size and equipment type, determine drift potential at any given speed. Application must be avoided below 2 mph due to variable wind direction and high inversion potential. NOTE: Local terrain can Influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect spray drift. Temperature and Humidity When making applications in low relative humidity, set up equipment to produce larger droplets to compensate for evaporation. Droplet evaporation is most severe when conditions are both hot and dry. Temperature Inversions Applications must not occur during a temperature Inversion because drift potential is high. Temperature inversions restrict vertical air mixing that causes small suspended droplets to remain in a concentrated cloud. This cloud can move in unpredictable directions due to the light, variable winds common during inversions. Temperature inversions are characterized by increasing temperatures with altitude and are common on nights with limited cloud cover and light-to-no wind. They begin to farms as the sun sets and often continue into the morning. Their presence can be indicated by ground fog; however, if fog is not present, inversions can also be Identified by the movement of smoke from a ground source or an aircraft . stroke generator. Smoke that layers and moves laterally in a concentrated cloud (under low wind conditions) indicates an inversion, while smoke that moves upward and rapidly dissipates indicates good vertical air mixing, Sensitive Areas The pesticide must only be applied when the potential for drift to adjacent sensitive areas (e.g. residential areas, bodies of water, known habitat for threatened or endangered species, or crops) is minimal (e.g. when wind is blowing away from the sensitive areas). Applicator is responsible for any loss or damage which results from spraying Clearcast in a manner other than directed in this label, In addition, applicator must fallow all applicable state and local regulations and ordinances in regard to spraying. Clearcast may be used for the control of the following plant species. Clearcast may be effective for the control or suppression of additional plant species not listed below. The use of Clearcast for the control or suppression of undesirable plants not listed below may be done at the discretion of the user. To the extent consistent with applicable law, the user assumes responsibility for any lack of control or suppression associated with application to weeds not listed on this label. Weeds Controlled Common Name Scientific Name Rate Foliar (ti ozs /A) Comments Alligatorweed Aftemanthera phAoxeroldes E4 to 126 Addition of giyphosate will Improve efficacy, Annual ryegrass Lolium muifiRorum 16 to 32 Brazilian pepper; Schinus terebinthifolius Christmasberry 96 to 128 Also apply using 2% to 5% Clearcast per spray volume. California bulrush Schoenoplectus calif omicus 64 to 128 Camphor tree Cinnamomum camphora 2 to 5°% v/v Cattail Typha spp. 32 to 64 Chinese tallowtree; Sapium sebiferum Popcorn tree 32 to 64 See Special Weed Conlrof section. Giant ragweed Ambrosia trifida 32 to 64 Jamaican nightshade Solanum jamalcense 2% t4 6% v/v Japanese stiltgrass Microstagfum vimineum 32 to 64 Use MSO at 1 % by spray volume. Clearcast will provide some residual control of subsequent seedling emergence, Johnsongrass, Sorghum halepense seedling rhizome 16 to 32 32 to 64 Old world climbing fern Lygodfum microphyllum 5% v/v Phragmites Phragmites austratis 64 to 128 Use 1 qt/A methylated seed ail (MSO); apply In late vegetative stage up to killing frost. Also apply as a spot treatment using 1% to 2% Clearcast per spray volume. Older stands of phragmitf2s and stands growing in water may be more difficult to control and wig require follow-up applications. Purple loosestr'rfe Lythrum saliceria 32 to 64 Sedge', purple Cyperus rotundus ysllow Cyperus esculentus 32 to 64 32 to 64 Also apply using 2% to 5% Clearcast per spray volume. Smartweed Polygonum spp, 32 to 64 Spike rush Eleocharis spp. 6410 Taro Taro spp: 64 to 128 5% viv Tropical soda apple Solanum vlarum 2% to 5 ° /O v iv Water primrose Ladwigla spp. 32 tc 64 Addition of glyphosate will improve efficacy_ Wetland nightshade Solanum fampiconse 2°% to 5% vlv Whftetop; Cardaria draba Hoary cress 6 to 16 ` Suppression of larger, well -established plants In general, the use of methylated seed oil (MSG) at 1 % v/v will provide the best control with foliar applications. Special Weed Control - Chinese tallowtrao - Clearcast at 32 to 64 fl ozs /A or 0.5 to 2.0% v/v may be appfed as a fol €ar application for selective control of Chinese tallowtree in and around tolerant tree species. Control Chinese tallowtrbe with folfar applications using aerial, handgun, or Backpack application methods. When treating Chinese tallowtree, ensure that application method and spray volume provide adequate coverage of targeted Chinese tallowiree plants. Add methylated seed oil at 32 tl ozs /A for broadcast applications, or at 1 % viv for spot backpack and handgun applications. Tolerant hardwood species may exhibit varying degrees of leaf discoloration and temporary injury, Areas that may be Grazed or Cut for Hay Apply Clearcast to listed aquatic and terrestrial noncrop sites that may be grazed or cut for hay at a maximum use rate of 1 gallon per acre of Clearcast or S% (v /v) spray solution for spot treatments. There are no grazing or haying restrictions. TERMS AND CONDITIONS OF USE If terms of the following Warranty Disclaimer, inherent Risks of Use and LimflaHon of Remedies are not acceptable, return unopened package at once to the seller for a full refund of purchase price paid. Otherwise, to the extent consistent with applicable law, usa by the buyer or any other user constitutes acceptance of the teems under TNarrarroy is Ca�i, Inherent Risks of Use, and Limitation of Remedies. WARRANTY DISCL,4IMER SePRO Corporation warrants that the product conforms to the chemical description on the label and is reasonably fit for the purposes stated on the label when used in strict accordance with the direct subject to the Inherent risks set - forth below_ TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, SEPRO CORPORATION MAKES NO OTHER 1EXPAESS Oil IMPLIED WAPAANTY OF MERCHANTABILITY OR FITNESS FOR A PAPITICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. INHERENT RISKS OF USE It is Impossible to slhiinate all risks associated with use of this product. Plant injury, lack of performance, or other unintended consequences may result because of such factors as use of the product contrary to label instructions (including conditions noted on the label such as unfavorable temperatures, sell conditions, etc.), abnormal conditions (such as excessive rainfall, drought, tornadoes, hurricanes), presence of other materials, the manner of application, or other factors, all of which are beyond the control of SePRO Corporation or the seller. To the extent consistent with applicable law, all such risks shall be assumed by buyer. 6 LIMITATION OF REMEDIES To the extent consistent with applicable law, the exclusive remedy for losses or damages resulting from this prflduct (including claims based on contract, negligence, strict liability, or other legal theories) shall be limited to, at SePRO Corporation's election, one of the following: (1) refund of purchase price paid by buyer or user for product bought, or (2) replacement of amount of product used. To the extent consistent with applicable law, SePRO Corporation shall not be liable for losses or damages resulting from handling or use of this product unless SePRO Corporation is promptly notified of such losses or damages in writing. In no case shall SePRO Corporation be liable for consequential or incidental damages or losses. The terms of the Warranty Fisclaimef, inherent Risks of Use and this Limitation of i4emedles cannot be varied by any written or verbal statements or agreements. No employee or sales agent of Se PRO Corporation or the seller is authorized to vary or exceed the terms of the Warranty Disclaimer or #his Limitation of Hem edles in any manner. S Copyright 2010 5ePRO Corporation W Clearcast and CLEARFIELD are registered trademarks of BASF. Rodeo is a registered trademark of low AgroSclences LLC. `7 El City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED October 2 2012 Perm to Engage in Agrnt for Electronic Waste Collection and Recycling Svs Gerald A Chwalinski City Clerk s r + 00 =6 WV L 1 100 ZIOZ. Cl 1 - 11 .j 000 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 26, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Street Sanitation SUBJECT [: Permission to Engage in Agreement for [: Electronic Waste Collection [: and Recycling Services PRIOR COUNCIL REFERENCE (IF ANY) [: I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Sun nking, Inc. for electronic waste collection and recycling services. 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. The vendor has been chosen through a Request for Proposal (RFP) process. See RFP results below: • Sunnking - $0.10 per ib • RCR &R - $0.091 per lb • Ed Arnold Scrap - $0.01 per lb TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets r SIGNATURE OF DEPARTMENT HEAD: r Permission to Engage In Agreement - Electronic Waste Collection and Recycling Services Mr. Smith moved:. That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 26, 2012, be received and filed; and That the Department of Public Works, Parks and Streets is hereby authorized to engage in an agreement with Sunnking, Inc. for electronic waste collection and recycling services. Passed. 0 C:Oocuments and Sedings\clehner1ocal SettingsWetnporary Internet FileAOLKIMcquest to Engage In Agreement- Electronic Waste.docz d 0 *AYE *NO* FONTANA * FRANCZIX * '� * GOLOMBER * LOCURTO * PRIDGEN RNERA * RUSSELL SCANLON * SMITH * * * * Maj - 5 213 -6 * *�* 3/4- 7 City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 15 PASSED October 2 2012 1 Perm to Increase Contract Erdman .Anthony Assoc -Main St Contract Gerald A Chwalinski City Clerk 00 :6 WV L I DO 2104 ��110 U10 0 T1 I .� 0001_ #I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE; Sept. 17, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Increase Contract [: Erdman- Anthony Associates [: Main Street Contract 492010422 [: PIN #5134.03 [: University, Delaware & Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: Contract Summary: Contract Amount: $7,447,000.00 +Amount of Change Order: $ 64,141.23 Revised Contract Amount: $7,561,141.23 City Share of Change Order (5 %) or $3,207.07 I hereby submit to Your Honorable Body the following change for this contract. Erdman - Anthony Associates is the engineering consultant for the Main Street Reconstruction Project for the City of Buffalo. This project included study, preliminary and detailed design, and construction management/inspection. V , 5 This increase is necessary for the final close -out of this project. All construction work has been completed and accepted by the City of Buffalo. This change is necessary to perform the final close -out and preparation of final documents for the City. This is a federally funded project and the funding breakdown is 80% Federal, 15% State, and 5% City. I respectfully certify that this increase is fair and equitable for the work involved, and request that your Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $64,141.23. Of this amount, 5% or . 3 ,207.07 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Projects account 33656606- 445600. PJM/JDB /dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer V �- Change in Contract — Erdman - Anthony Associates (PW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 17, 2012, 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 $64,141.23 (Current Contract Amount $7,447,000.00 + Change Order #1 $64,141.23 for a Total Contract Amount of $7;561,141.23) for the Main Street Reconstruction Project for the City of Buffalo to Erdman - Anthony Associates. Of the $64,141.23, five percent (5 %) or $3,207.07 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available through Capital Projects account 33656606 - 445600. Passed. CADocuments and Settings \clehnerUmcat Settings\Temporary Internet FileaIOLMDThange in Contract- Erdman - Anthony Associatmdoo + `I of *AYE * NO FONTANA * FRANCZYK * GOLOMBER * LOCURTO * PRIDGEN * RWERA * RUSSELL SCANLON * SMITH * * * Maj - 5 * *(� 213 -6 3/4- 7 City Clerk's Department BUFFALO October 5, 2012 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED October 2 2012 Penn to Release Mobile Application -City Road Conditions Gerald A Chwalinski City Clerk OCT 15 2012 10 =6 WV L I DO 1102 0001. N a' #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 26, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Street Cleaning & Snow Removal SUBJECT j: Permission to Release Mobile Application [: for City Road Conditions, Weather, News, [: and Vehicle Location PRIOR COUNCIL REFERENCE: (IF ANY) [: I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to launch a mobile application as an expansion of our vehicle GPS contract with InterFleet. This software application would be available on mobile devices (including iPhone and Android) and allow the public to view City of Buffalo news updates, weather, traffic camera imag,7-r and time - delayed snow plow locations. There are zero costs to the City of Buffalo for the development and launch of this application. The City would also be the first U.S. municipality to implement such a service for its residents. See attached Statement of Work for more details. TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P. E. City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Woks, 5rks & Streets SIGNATURE OF DEPARTMENT HEAD: 16 Identifier: Revision: Effective Date: IF2012 -19 V2.0 14- May -12 Document Number- Last update: InterFleete IF2012 -19 -SOW 8- Jun -12 Author: Elizabeth Nicoll, PM Interfleet Statement of Work for City of Buffalo Road Conditions Mobile Application C I n to r F ee t) City of Buffalo Contents Road Conditions Mobile Application Project Overview ............................................. ..............................3 Release1 Features ............................................................................................... ............................... .....3 Descriptionof Work ................•...................................................................................... ..............................3 Out of Scope Items ...................................................................... ..:............................ ...4 ............................... Stakeholders................................................................................................................... ..............................4 Roles& Responsibilities ................................................................................................ ..............................4 CommunicationsPlan .................................................................................................... ..............................5 ResourceRequirements ...............:................................................................................ ..............................5 TestPlan ......................................................................................................................... ..............................5 Training................................................................................................................ ............................... 5 EstimatedSchedule ..............................................................:........................................ ..............................6 AcceptanceCriteria ........................................................................................................ ..............................6 ChangeManagement Process ....................................................................................... ..............................6 Scheduleof Rates ........................................................................................................... ..............................6 Page 12 InterFleet° City of Buffalo Road Conditions Mobile Application Project Overview InterFleet, a division of WebTech Wireless, has partner with Purple Forge to deliver a mobile application that will allow citizens and personnel from the City of Buffalo to view road conditions. The first release of this project allows the user groups to access this mobile application through iPad, !Phone, iPod, Mobile 7, Blackberry and Android devices. Release 1 Features • Coloured map display with a 1 hour delay in showing vehicle. • Map manual refresh • Map auto - refresh when returning from background • Map overlays viewing selection • Map community zoom selection • Map "center on my location" function "cross- hairs" button • Traffic camera location displayed on map, touch icon goes to camera view with favouring. • Traffic camera view — double tap to zoom in /out of image, manual refresh, favourites list • City of Updates — social networking and Twitter. Reference Application: City of Calgary in the Apps Store - YYC Roads InterFleete City of Buffalo \ Out of Scope Items Any requirements on outlined in "Release 1 Features" are out of scope. Any additional requirements will be required to go through the Change Management Process for assessment and costing. Stakeholders City of Buffalo Raymour Nosworthy Assistant to Commissioner Interfleet Chris Jackson VP, Operations Roles & Responsibilities City of Buffalo • Attend weekly project status calls. • Application graphics and branding • Define mapping districts. • Content update and management. • Push notifications management. • Description text for submission of application to apps stores. • Application testing and approval for release. • Application marketing. InterFleet • Host weekly project status calls. • . Creation of APIs. • Hosted site for web -based portal for analytics, push notifications and content management. • Apple and Android developer accounts for publishing apps. • Lifecycle management of applications. • Application testing and approval for release. Page 14 4.0 Project Management 4.1 Project Management from planning through managing the implementation. 4.2 Testing Process Management. 4.3 Release Management. 5.0 Application Testing 5.1 Business Acceptance Testing (BURT) 5.2 User Acceptance Testing (UAT) Out of Scope Items Any requirements on outlined in "Release 1 Features" are out of scope. Any additional requirements will be required to go through the Change Management Process for assessment and costing. Stakeholders City of Buffalo Raymour Nosworthy Assistant to Commissioner Interfleet Chris Jackson VP, Operations Roles & Responsibilities City of Buffalo • Attend weekly project status calls. • Application graphics and branding • Define mapping districts. • Content update and management. • Push notifications management. • Description text for submission of application to apps stores. • Application testing and approval for release. • Application marketing. InterFleet • Host weekly project status calls. • . Creation of APIs. • Hosted site for web -based portal for analytics, push notifications and content management. • Apple and Android developer accounts for publishing apps. • Lifecycle management of applications. • Application testing and approval for release. Page 14 InterReetID Communications Plan City of Buffalo • Weekly project status calls. • Distribution of project status meeting minutes. Outlines attendance, discussion topics and active action log. • Ad -hoc meeting as required. • All email communications to be sent to project team members. Resource Requirements City of Buffalo • Project champion to secure internal project resources and attend weekly project status calls. • lT personnel to provide required graphics and branding. • 'Testing resources. lnterFleet • Project Manager to oversee planning and execution phases of the project. • Development resources for application development. • 'T'esting resources. Test Plan Pre -set test plans will be provided to both InterFleet and City of Buffalo. InterFieet will complete the first phase of testing, referred to as Business Acceptance Testing (BOAT). Upon successful acceptance of all test cases, City of Buffalo will begin phase 2 of testing, referred to as User Acceptance Testing (UAT). Upon completion of phase 2, City of Buffalo, testing, the results will be reviewed by all project team members. Upon acceptance of all successful test cases, a go /no go decision will be obtained. If go decision if achieved, the project moves into the execution/release phase of the project. If a no go decision is made, an evaluation of the unsuccessful test cases begins with corrective action and testing continues until go decision achieved. Training Training of the application to City of Buffalo users and personnel will be at the discretion of the City of Buffalo. Page 15 InterReet® city of Buffalo Estimated Schedule Refer to "City of Buffalo Mobile Application Project Schedule" v1.0. Version 1.0 focus is the project tasks; the timeline is inaccurate until City of Buffalo provides a project launch "go ". Upon receipt of the "go" decision, a revised project schedule with timeline will be provided. Acceptance Criteria City of Buffalo and InterFleet have successfully completed all test cases and City of Buffalo has provided the "go" decision to move into the execution /release phase of the project. Upon release of the application to the apps store and successful "purchase" of the app, application downloaded and functional to mobile devices this project will move into the close out phase. Change Management Process Any changes to the scope. of this project will follow the Change Management Process: a CR will be completed by requestor of the change, an evaluation of the change to the timeline and budget will be completed -and an acceptance or denial of the change will be communicated to the project team members. Schedule of hates The application, Release 1 Features, is offered to the City of Buffalo at no charge. Any additional requirements will be required to go through the Change Management Process for assessment and costing. Agreed to: City of Buffalo By: Authorized signature Name (type or print): Date: Page 16 Agreed to: Interfleet, Inc. By: Authorized signature Name (type or print): Date: r� \ �b Permission to Release Mobile Application for City Road Conditions, Weather, News, and Vehicle Location (PW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 26, 2012, be received and filed; and That the Common Council hereby authorized the Department of Public Works, Parks and Streets to launch a mobile application as an expansion of their vehicle GPS contract with lnterFlect. The software application would be available on mobile devices and allow the public to view City of Buffalo news updates, weather, traffic camera images, and time - delayed snow plow locations. There is no cost to the City of Buffalo for the development and launch of this application. Passed. C:lDw—rits and SeULnp clehaetd.oeal SeliinOT —porary Intemel Fi[e IQLKIVFermission to Release Mobile App for City Road Conditlam.doax *AYE *NOS * FONTANA * '� * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SAUTH * * * * Maj -5 2/3- 6 314 - 7 * *. m s City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED October 2 2012 Report of Bids - LaSalle Park Concession Building Imp (Ell) Gerald A Chwalinski City Clerk I OCT 1 5 2012 ■® 10 : 6 WV L 1 loo 110Z M310 Ajl,� 0.3 - 1 1 j #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO; THE COMMON COUNCIL DATE: September 19, 2012 0 0 0 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: LaSalle Park [: Concession Building Improvements [: Job #1236 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP } TEXT: I requested on August 22, 2012 and received the following bids for LaSalle Park, Concession Building Improvements, on September 11, 2012. Miller Enterprises $28,700.00 92 Newfield, Buffalo, NY Lamparelli Construction $29,000.00 590 Kennedy, Cheektowaga, NY Morris Masonry $54,745.00 449 Bailey, Buffalo, NY hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of $28,700.00, add contingency in the amount of $2,700.00, for a total bid price of Thirty One Thousand Four Hundred and 001100 Dollars ($31,400.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 32400306 445100 - Buildings. SJS /PJM /FGIdIg cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo; P.E. Title: Cit y En ineer Signature of Department Head: `a \ Report of Bids — LaSalle Park Concession Building Improvements (Ell) (PW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for LaSalle Park, Concession Building Improvements, in the Total amount of $28,700.00 to Miller Enterprises, to be funded through Account 32400306 445100 — Buildings. Passed. \ 11"' \ CADocuments and Settings\dehnerEocal SettingslTemporary Internet FilelOLKIMReport d8ids- LaSalle Park Concession Bldg iInpfovements.doex 0 *AYE *NO* FONTANA * FRANCZYK GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SAUTH * * * Maj - S 2/3- 6 314- 7 '� S City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED October 2 2012 Report of Bids- Replace Masten St Sidewalks Gerald A Chwalinski City Clerk OCT 15 2012 00 :6 4d 000 " S p #1'(Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE. September 21 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group 4763 [: Replacement of Masten District Sidewalks 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 Base Bid + 10% Unit Price Increase P & J Construction Co., Inc. $348,345.35* $383,179.89* 709 Pleasant View Drive, Lancaster, NY 14086 Master's Edge, Inc. $369,060.00 $405,966.00 3409 Broadway, Cheektowaga, NY 14227 New Cal Construction, Inc. $369,890.00* $406,879.00* 10994 Tinkham Road, Darien Center, NY 14040 Valerie Concrete $381,410.00* $419,551.00 98 Periwinkle Court, East Amherst, NY 14051 -1235 Roman Construction $411,706.45* $452,8 77. 10 *Adjusted Amount to correct mathematical erros in the calculation of the bid. I hereby certify that the low bidder for the above project is P & J Construction Co., Inc.. I respectfully recommend a contract award in the amount of $383,179.89 ($348,345.35 -Base Bid + $34,50654 - 10% unit price increase ° $ 383,179.89 —Total Contract Amount) . Funds for this contract are available in #3431110 6-445 100 , and an account(s) to be named at a later date. The engineer's estimate for this work is $350,000.00 . The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 2nd 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:Ilf Attach. (4) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: TYPE TITLE SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer of Public Works, Parks & Streets Replacement of Masten District Sidewalks - Group 763 Gr. #763 Contractor Contractor Contractor P & J Construction Co., Inc. Master's Edge, Inc. New Cal Construction ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID .TOTAL UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS PRICE DOLLARS 01.400 Engineering Materials 1 Lump Sum $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 Fixed Bid 02.110 Unclassified Excavation 25 Cu.Yd. $20.00 $500.00 $20.00 $500.00 $20.00 $500.00 (Minimum Bid $20.00) 02.110B Hand Excavation with Compressor! 5 112 Day $100.00 $500.00 $100.00 $500.00 $500.00 $2,500.00 Jackhammer /Laborer (Minimum Bid $100.00) 03.21C Subbase Course - Type "C" 25 Cu.Yd. $35.00 $875.00 $35.00 $875.00 $35.00 $875.00 (Minimum Bid $35.00) 04.150 Asphalt Concrete - Hand Laid 10 Tons $150.00 $1,500.00 $250.00 $2,500.00 $100.00 $1,000.00 Modified Fine Top for Sidewalk Area (Minimum Bid $100.00) R05.204A Concrete Sidewalks & Approaches 42,000 Sq.Ft. $4.43 $186,060.00 $4.80 $201,600.00 $4.50 $189,000.00 4" Replacement R05.205A -1 Concrete Sidewalks & Approaches 9,000 Sq.Ft. $5.00 $45,000.00 $5.00 $45,000.00 $5.00 $45,000.00 5" Replacement( 1 to 250 sq.ft.) R05.2056 Integral Curb & Sidewalk @ Driveway 1,600 Li n. Ft. $15.00 $24,000.00 $15.00 $24,000.00 $25.00 $40,000.00 Approach (minimum bid $15.00) R05.206 Concrete Sidewalks &Approaches - 200 Sq.Ft. $5.50 $1,100.00 $6.00 $1,200.00 $7.00 '$1300.00 Replacement - 6" 05.220 Metal Reinforcement (6 x 6, 6" x 6 ") 200 Sq.Ft. $0.50 :.,.$.1.00. $0.50 $100.00 $0.50 $100.00 (Minimum Bid $0.50) 05.310 High Early Cement Additive 20 Cu.Yd. $8.00 $160.00 $8.00 $160.00 $12.00 $240.00 (Minimum Bid $8.00) - - 05.414 Sawing Concrete 1,400 Lin.Ft. $3.00 $4,200.00 $3.00 $4,200.00 $3.00 $4,200.00 (- 4 inch) sidewalk (Minimum Bid $3.00) 05.414 Sawing Asphalt Concrete 1,600 Lin.Ft. $3.00 $5,400.00 $3.00 $5,400.00 $4.00 $7,200.00 (- 4 inch) sidewalk or driveway (Minimum Bid $100) R07.105C - A Granite Curb - NYSDOT Type "C" 130 LF $45.00 $5,850.00 $40.00 $5,200.00 $40.00 $5,200:00 5" x 16" Replacement (0 - 20 LF) (Minimum Bid 30.0011-F) R07.105RC Granite Curb - NYS DOT Type "C" 325 LF $45.00 $14,625.00 $45.00 $14,625.00 $50.00 $16,250.00 5" x 16" Radius Replacement (0 - 30 LF) (Minimum Bid 30.0011-F) 08.31613 Receiver Replace - Top Section 1 Each $200.00 $200.00 $200.00 $200.00 $250.00 $250.00 Top Box & Grate (minimum bid $200.00) 08.640 Manhole Frame Adjustment - 1 Each $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 Sidewalk (Minimum Bid $150.00) /f. 9 .... _. _. _._._... .. Replacement of Masten District Sidewalks - Group 763 Gr. #763 Contractor Contractor Contractor P & J Construction Co., Inc. Master's Edge, Inc. New Cal Construction ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS PRICE DOLLARS 08.660 Course Brick Adjustment 1 Each $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 (Minimum Bid $100.00) 08.940 Fresh AirInlet - Adjustment 5 Each $50.00 $250.00 $50.00 $250.00 $50.00 $250.00 (Minimum Bid $50.00) 09.810 Water Service Box - Cover & Bolt 5 Each $10.00 $50.00 $10.00 $50.00 $10.00 $50.00 Install /Replace (Minimum Bid $10.00) 09.812 Water Service Box - Top Section 5 Each $75.00 $375.00 $100.00 $500.00 $100.00 $500.00 Instal€IReplace (Minimum Bid $75.00) 09.814 Water Service Box - Complete 5 Each $300.00 $1,500.00 $300.00 $1,500.00 $300.00 $1,500.00 Install /Replace (Minimum Bid $300.00) 09.820 Water Service Box - Adjustment 5 Each $50.00 $250.00 $50.00 $250.00 $100.00 $500.00 (Minimum Bid $50.00) 09.950 Existing Water Service Box Survey 25 Each $15.00 $375.00 $15.00 $375.00 $15.00 $375.00 (Minimum Bid $15.00) 09.951 Clean Existing Water Service Box 25 Each $25.00 $625.00 $25.00 $625.00 $40.00 $1,000.00 (Minimum Bid $25,00) 10.275 Street Lighting Pullbox 5 Each $400.00 $2,000.00 $400.00 $2,000.00 $400.00 $2,000.00 (Minimum Bid $400.00) 11.110 Hydroseed 21,000 Sq.Ft. $0.20 $4,200.00 $0.20 $4,200.00 $0.25 $5,250.00 (Minimum Bid $0.20) 12.110 Maintenance & Protection of Traffic (Minimun Bid - 3% of all other items) 100% Lump Sum $10,150.35 $10,150.35 $12,000.00 $12,000.00 $9,000.00 $9,000.00 90.500 Miscellaneous Construction Allowance 100% Lump Sum $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Fixed Bid $5,000 6110101 Topsoil 275 Cu.Yd. $50.00 $13,750.00 $60.00 $16,500.00 $40.00 $11,000.00 (minimum bid $40.00) 680.620506 Condiut, Rigid Plastic - Class 1, 2" 500 LF $5.00 $2,500.00 $5.00 $2,500.00 $5.00 $2,500.00 (minimum bid $5.00) 8502.5014 Sawcutting Asphalt Pavement, Concrete 500 LF $5.00 $2,500.00 $5.00 $2,500.00 $5.00 $2,500.00 Pavement & Asphalt Overlay of Concrete Pavement (minimum bid $5.00) 24608.500 Detectable Warning Surface 350 Sq.Ft. $40.00 $14 ,000.00 $40.00 $14,000.00 $40.00 $14,000.00 2' x 5' per Ramp Cotor: Charcoal (Minimum Bid $40.00) Total Bid Amount $348;„345:35 - $369,060.00 6� Replacement of Masten District Sidewalks - Group 763 Gr. #763 Contractor Contractor Valeri Concrete Roman Construction ITEM NO. ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS APPROXIMATE QUANTITIES UNIT UNIT BID PRICE TOTAL DOLLARS UNIT BID PRICE TOTAL DOLLARS 01.400 Engineering Materials 1 Lump Sum $500.00 $500.00 $500.00 $500.00 Fixed Bid 02.110 Unclassified Excavation 25 Cu.Yd. $20.00 $500.00 $20.00 $500.00 (Minimum Bid $20.00) 02.110B Hand Excavation with Compressor/ 5 112 Day $100.00 $500.00 $100.00 $500.00 Jackhammer /Laborer (Minimum Bid $100.00) 03.210 Subbase Course - Type "C' 25 Cu.Yd. $35.00 $875.00 $35.00 $875.00 (Minimum Bid $35.00) 04.150 Asphalt Concrete - Hand Laid 10 Tons $100.00 $1,000.00 $100.00 $1,000.00 Modified Fine Top for Sidewalk Area (Minimum Bid $100.00) R05.204A Concrete Sidewalks & Approaches 42,000 Sq.Ft. $5.25 $220,500.00 $5.65 $237,300.00 4" Replacement R05.205A -1 Concrete Sidewalks & Approaches 9,000 Sq.FL $5.75 $51,750.00 $6.25 $56,250.00 5" Replacement( 1 to 250 sq.ft.) R05.20513 Integral Curb & Sidewalk @ Driveway ' 1,600 Lin.Ft. $15.00 $24,000.00 $15.00 $24,000.00 Approach (minimum bid $15.00) R05.206 Concrete Sidewalks & Approaches - 200 Sq. Ft. $6.00 $1,200.00 $6.40 $1,280.00 Replacement - 6" 05.220 Metal Reinforcement (6 x 6, 6" x 6 ") 200 Sq.Ft. $0.50 $100.00 $0.50 $100.00 (Minimum Bid $0.50) 05.310 High Early Cement Additive 20 Cu.Yd. $8.00 $160.00 $8.00 $160.00 (Minimum Bid $8.00) 05.414 Sawing Concrete 1,400 Lin.Ft. $3.00 $4,200.00 $3.00 $4,200.00 (- 4 inch) sidewalk (Minimum Bid $3,00) 05.414 Sawing Asphalt Concrete 1,800 Lin.Ft. $3.00 $5,400.00 $3.00 $5,400.00 (- 4 inch) sidewalk or driveway (Minimum Bid $3.00) R07.105C - A Granite Curb - NYSDOT Type °C" 130 LF $30.00 $3,900.00 $40.00 $5,200.00 5" x 16" Replacement (0 - 20 LF) (Minimum Bid 30.00I1-F) R07.105RC Granite Curb - NYSDOT Type "C' 325 LF $30.00 $9,750.00 $45.00 $14,625.00 5" x 16" Radius Replacement (0 - 30 LF) (Minimum Bid 30.0011-F) 08.316B Receiver Replace - Top Section 1 Each $200.00 $200.00 $200.00 $200.00 Top Box & Grate (minimum bid $200.00) 08.640 Manhole f=rame Adjustment - 1 Each $150.00 $150.00 $150.00 $150.00 Sidewalk (Minimum Bid $150.00) Replacement of Masten District Sidewalks - Group 763 Gr. #763 Contractor Contractor Valeri Concre:a Roman Construction ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 08.660 Course Brick Adjustment 1 Each $100.00 $100.00 $100.00 $100.00 (Minimum Bid $100.00) 08.940 Fresh Air Inlet- Adjustment 5 Each $50.00 $250.00 $50.00 $250.00 (Minimum Bid $50.00) 09.810 Water Service Box - Cover & Bolt 5 Each $10.00 $50.00 $10.00 $50.00 InstallfReplace (Minimum Bid $10,00) 09.812 Water Service Box - Top Section 5 Each $75.00 $375.00 $75.00 $375.00 Install /Repisoe (Minimum Bid $75.00) 09.814 Water Service Box - Complete 5 Each $300.00 $1,500.00 $300.00 $1,500.00 Install /Replace (Minimum Bid $300.00) 09.820 Water Service Box - Adjustment 5 Each $50.00 $250.00 $50.00 $250.00 (Minimum Bid $50.00) 09.950 Existing Water Service Box Survey 25 Each $15.00 $375.00 $15.00 $375.00 (Minimum Bid $15.00) 09.951 Clean Existing Water Service Box 25 Each $25.00 $625.00 $25.00 $625.00 (Minimum Bid $25.00) 10.275 Street Lighting Pullbox 5 Each $400.00 $2,000.00 $400.00 $2,000.00 ( Minimum Bid $400.00) 11.110 Hydro* ed 21,000 Sq.Ft. $0.20 $4,200.00 $0.20 $4,200.00 (Minimum} Bid $0.20) 12.110 Maintenance & Protection of Traffic 100% Lump Sum $12,000.00 $12,000.00 $11,991.45 $11,991.45 -;_ {Minimun Bid - 3% of all other items) 90.500 Miscellaneous Construction Allowance 100% Lump Sum $5,000.00 $5,000.00 $5,000.00 $5,000.00 Fixed Bid $5,000 r.-. 613.0101 TopsoiF. 275 Cu.Yd. $40.00 $11,000.00 $50.00 $13,750.00 (minimum bid $40.00) 680.620506 Condiut, Rigid Plastic - Class 1, 2" Soo LF $5.00 $2,500.00 $5.00 $2,500.00 (minimum bid $5.00) 8502.5014 Sawcutting Asphalt Pavement, Concrete 500 LF $5:00 $2,500.00 $5.00 $2,500.00 Pavement & Asphalt Overlay of Concrete Pavement (minimum bid $5.00) 24608.500 Detectable Warning Surface 350 Sq.Ft. $40.00 $14,000.00 $40.00 $14,000.00 2' x 5' per Ramp Color: Charcoal (Minimum Bid $40.00) $381;410 00 4411,706:45 / C� Report of Bids — Replacement of Masten District Sidewalks (Mas) (PW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 21, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Replacement of Masten District Sidewalks, in the Total amount of $383,179.89 (Base Price - $348,345.35 --10% unit price increase = Total Contract Amount $383,179.89) to P & J Construction Co., Inc., to be funded through Account #34311106 - 445100, and an account to be named at a later date. Passed. ol L[CI�T ort of Bids- Masten Dist sidewalks.docx C.1Documents and SettingslclehnerlLocal SettingsSTemporary Internet Filesl0 p Maj - 5 2/3- 6 314- 7 * AYE * NO * FONTANA * FRANCZYK * GOLOMREK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON * SAUTH * * * * �� . City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I. present herewith the attached resolution item. No. 19 Report of Bids- Resurfacing of Darrow Alley PASSED October 2 2012 Gerald A Chwalinski City Clerk I OCT 1 5 2012 I 0 .5 kV L 1 130 Z16Z. D A L 000.x.') #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 3 TO: Common Council DATE: September 24 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #764 -B [: Resurfacing of Darrow Alley PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these informal 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 Thomann Asphalt Paving Corp. $10,520.00 56 Gunville Road, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $13,500.00 411 Ludington Street, Buffalo, NY 14206 Louis Del Prince & Sons Did not submit Bid 580 Cayuga Road, Cheektowaga, NY 14225 I hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corporation. I respectfully recommend a contract award to Thomann Asphalt in the amount of $10,520.00 with a contingency amount of $1,000.00. Funds for this contract are available in 935314506-445100 and an account(s) to be named at a later date. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 5 0 `, 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS.PJM:MJF:Ilf Attach. (0) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE .OF DEPARTMENT HEAD: V\'9 Report of Bids — Resurfacing of Darrow Alley (PW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the resurfacing of Darrow Alley, in the Total amount of $10,520.00 to Thomann Asphalt Paving Corp., to be funded through Account #35314506- 445100, and an account to be named at a later date. Passed. CADocuments and Settingsklehner \Local SettingsWempormy Internet F11es10LK1D \Report of Bids - Darrow Alley, doex *AYE *NO* * FONTANA * FRANCZYK * GOLOMEEK * LOCURTO PRIDGEN * RiVERA * RUSSELL SCANLON SMITH * Maj -5 2/3- 6 3/4- 7 '� s City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO FaMTHINIS Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 20 PASSED October 2 2012 Report of Emergency Bid Fire Engine 35 Apparatus Bay Floor Stabilization Gerald A Chwalinski City Clerk �. OCT i 10 :6 L 1x,00 1101 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2012 000 \� FROM: DEPARTMENT. Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Emergency Bid [: Fire Engine 35 [: Apparatus Bay Floor Stablization [: Job #1267 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: 1 received the following emergency bids for Fire Engine 35, Apparatus Bay Floor Stabilization, on September 28, 2012. The apparatus bay floor has to be stabilized to allow the Fire Department to move their ladder truck back into the bay before inclement weather starts. The fire truck must be in a controlled environment to respond to an event. Allgaier Construction $16,500.00 4790 Thompson, Clarence, NY Miller Enterprises $17,400.00 12 Newfield, Buffalo, NY C. Nichter $17,400.00 30 Wildwood, Lancaster, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Allgaier Construction in the amount of Sixteen Thousand Five Hundred and 001100 Dollars ($16,500.00). Funding for this project is available in 34323706 445100 - Buildings. SJSIPJMIDDCFIdlg cc: J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Emergency Bid — Fire Engine 35 Apparatus Bay Floor Stabilization (Fill)(PW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 28, 2012, 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 Engine 35 stabilization of the bay floor to allow the Fire Department of move their ladder truck back into the bay before. inclement weather starts to Allgaier Construction in the amount of Sixteen Thousand Five Hundred Dollars (16,500.00). Funding for this project is available in Account 34323706 445 100 —Buildings. Passed. C:1Documents and Setlingsl rhnerlLocal SettingsUemporary Internet Files\OLKID\Report of Emergency Bid -Fire Engine 35,doex m SCANLON * SMTH * * * * Maj - S 2/3- 6 3/4- 7 rl� *AYE *NO* * FONTANA * FRANCZYK GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON * SMTH * * * * Maj - S 2/3- 6 3/4- 7 rl� City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED October 2 2012 Renew, Modify and Extend Lease Agmt Btwn COB & NWBCC -Use 155 Lawn Ave(North) Gerald A Chwalinski City Clerk j OCT 1 5 2012 R 10 :6 WV L 1 130 ZI 0 A 0002 A 1\ ,\ # 2 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 1, 2012 FROM : DEPARTMENT: Public Works Parks and Streets DIVISION: Buildings SUBJECT: Renew, Modify and Extend Lease Agreement Between the City of Buffalo and Northwest BuffaloCommunity Center, Inc. for Use of 155 Lawn Avenue North District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 122, C.C.P. 12/28/1999 The Department of Public Works, Parks and Streets has received a request from the Northwest Buffalo Community Center, Inc. to renew, modify and extend their lease agreement. The lease ran from September 1988 throught August 1998, and thereafter was renewed, modified and extended throught August 2008. The lease has been on a month -to -month basis since September 2008. The Northwest Buffalo Community Center is a not for profit organization that offers and facilitates a multitude of human service programs including social, health related and education activities. The City and the Northwest Buffalo Community Center, Inc. desire to now renew, modify and extend said lease for a term commencing as of October 1, 2012 and running through September 30, 2017 with a five year renewal option available thereafter through Septmber 30, 2022 but said five year renewal option term is only available if both the City and the Northwest Buffalo Community Center, Inc. then agree to the renewal upon or dust prior to expiration of the term ending September 30, 2017. One of Northwest Buffalo Community Center, Inc.'s subtenants (Northwest Buffalo Community Health Care Center) is arranging for grant funding through the U.S. Department of Health and Human Services, Health Resources and Services Administration Affordable Care Capital Development — Immediate Facility Improvements Grant Program. The grant funding source requires more than a month to month lease arrangement as part of the grant funding requirements. Certain lease terms shall remain the same including but not limited to: 1. The annual rental fee shall be One Dollar per year. 2. The lessee agrees to hold the City harmless, and provide appropriate insurance. 3. All alterations and improvements are subject to prior written approval of the City's Director of Buildings or Public Works Commissioner. 4. The City shall be responsible for all major repairs and /or structural changes to include but shall not be limited to: a.) Repair and replacement of roofing, gutters, conductors, fences, sidewalks and sewers; b.) Exterior painting; c.) Replacement of electrical fixtures or re-- wiring work; d.) Replacement of plumbing fixtures; e.) Replacement of heating equipment Provided, however, that funds are made available to the Division of Buildings for all such work listed above. The lessee shall perform all ordinary and minor repairs necessary to keep and maintain the Community Center, grounds, equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair during the term of the lease agreement, which shall include but not be limited to the following. a.) Furnish and install light bulbs, tubes or fuses; b.) Make minor repairs to plumbing, i.e., replace faucet bibs, adjust or replace Closet valves, remove stoppages in sink traps and toilet bowls; c.) Make adjustments and minor repairs to oil and gas burners, heating Equipment and air conditioning; d.) Do routine glazing; e.) Adjust and repair door locks and door checks; f.) Do all interior painting g.) Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition; h.) Remove snow, ice and retained water. Certain lease terms have changed such as requiring the lessee to pay all utility charges. A copy of the draft lease renewal, modification and extension is attached for your reference. This office requests and recommends that Your Honorable Body: 1. Approve a lease renewal, modification and extension agreement 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, including but not limited to such provisions as are necessary to facilitate a grant or grants for operations within the Community Center; 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 renewal, modification and extension agreement; 3. Authorize the Corporation Counsel to prepare said lease renewal, modification, and extension agreement and negotiate same to finalization; and 4. Authorize the Mayor execute the lease renewal, modification and extension agreement. Department Of bllc ABwks and Streets By: CQuLi scone even J. Stepniak, Department Head Renew, Modify and Extend Lease Agreement Between the City of Buffalo and Northwest Buffalo Community Center, Inc. (North)(PW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 1, 2012, be received and filed; The Common Council hereby authorizes the Department of Public Works, Parks and Streets to renew, modify and extend the lease agreement with the Northwest Buffalo Community Center upon the following terms and conditions: 1. The annual rental fee shall be One Dollar per year. 2. The lessee agrees to hold the City harmless, and provide appropriate insurance. 3. All alterations and improvements are subject to prior written approval of the City's Director of Buildings. 4. The City shall be responsible for all major repairs and/or structural changes to include but shall not be limited to: a.) Repair and replacement of roofing, gutters, conductors, fences, sidewalks and sewers; b.) Exterior painting; c.) Replacement of electrical fixtures or re- wiring work; d.) Replacement of plumbing fixtures; e.) Replacement of heating equipment That the Common Council hereby: 1. approves a lease renewal, modification and extension agreement according to, the above basic terms and conditions and in accordance also with the terms and provisions as are included in the above referenced communication from the Department of Public Works, Parks and Streets and such other terms and provisions as are recommended and negotiated into the lease by the City Division of Real Estate, City Department of Public Works and the Corporation Counsel, including but not limited to such provisions as are necessary to facilitate a grant or grants for operations within the Community Center; 2. 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 renewal, modification and extension agreement; 3. authorizes the Corporation Counsel to prepare said lease renewal, modification and extension agreement and negotiate same to finalization; and 4. authorizes the Mayor to execute the lease renewal, modification and extension agreement. Passed. CA Documents and settings \oiehneffAxalSCRInflATemporsry Internet Files\OLKIDINW Community Center 2.docx P- I AYE NO a AYE NO FONTANA FRANCZYK * . * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON SMITH * Maj - 5 :� q * o * 213 - b 3/4- 7 i #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 17, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation SUBJECT: [: Request for Authorization of [: Temporary Access Agreement [: for LPCiminelli, Inc. to [: Enter a Portion of MLK, Jr. Park PRIOR COUNCIL REFERENCE: (IF ANY) The Department of Public Works, Parks and Streets is hereby requesting Your Honorable Body authorize this department to enter a temporary access agreement with LPCiminelli, Inc. to enter a portion of MLK, Jr. Park adjacent to Public School #59 for the purposes of contracting a temporary staging and work area in conjunction with the reconstruction of Dr. Charles R. Drew Science Magnet (P.S. #59). TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew R. Rabb, Deputy Commissioner Peter J. Merlo, City Engineer REFERRED TO THE COMMITTEE ON DOMMUNITY DEVELOPMENT. 0" FROM THE COMMISSIONER OF POLICE October 2, 2012 000`x'2 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE FROM: DEPARTMENT: SEPTEMBER 20 2012 POLICE DIVISION: SUBJECT: : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) I :Item No. 104, C.C.P. 212188 Ex. (Item No. xxx, C.C.P. _ xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW) 12- DEA- 560611 C2 -12 -0055 2,589.51 12 -DEA- 563748 C2 -12 -0085 1,103.16 12- DEA - 563749 C2 -12 -0086 2,771.58 12- DEA - 563815 C2 -I1 -0162 2,704.82 12- DEA - 565425 C2 -12 -0100 1,376.58 12- DEA - 560610 C2 -12 -0055 1,867.88 12- DEA - 560610 C2 -12 -0055 2,190.63 (15% SAFF) US CUSTOMS UCSEQSH2O11090100012301 19,161.60 F TOTAL $33,765.76 \ �1 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 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. DJR/jws TYPE DEPARTMENT HEAD NAME: CHIEF DENIMS J. RICHARDS TYPE TI SIGNATURE OF DEPARTMENT RECEIVED AND FILE '010 New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) ss: AFFIDAVIT pursuant to Civil Practice Law and Rules 1311(11)(c) COUNTY OF ERIE ) I, C HIEF DENNIS RICHARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 8114, 8121, 8127, & 9115112 the BUFFALO POLICE DEPARTMENT (Date). (Agency) received WIRE TRANSFERS having an estimated present value of $ 33,7 65.76 (check, vehicle; personal property, etc.) (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 1 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. t 1.961 et seq.) of the United States. �7 DATE: 09/20/2012 Signature CHIEF OF INVESTIGATIVE SERVICES Title On the aC- day of `� in the year s o -. before me personally came (Day) (Month) (Year) N 4 Q I C#Ap2. >S to me known, who, being by me duly sworn, depose and say (Name) that s/ e i employed by the 0 ;=4-f� Lo Pa L 0 EPr and that s e {Agency) was authorized by and did execute the above affidavit at the direction of said entity and that sl signed he his ame thereto. o Notary Public ^ Ale _pY Mail to: NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 Tower Place Albany, NY 12203 N MAUREEN A, O AKLEY otary, bt�4ta�t�e of New ark My Gommtssion Elres ddf COPYRIGHT a 1996 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2005) 09/20/2012 10:56 . CITY OF BUFFALO jstdnChak SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER PG 1 ardptpmt RECEIPT DESCRIPTION /REFERENCE ACCOUNT REF #: DEPT /LOC: POLICE DATE: Sep. 20, 2012 AMOUNT 1806465 DRUG ASSET FORFEITURE 20010000 389001 20010000 389001 2,589.51 20010000 389001 1,103.16 20010000 389001 2,771.58 20010000 389001 2,704.82 20010000 389001 1,376.58 20010000 389001 10496 1,867.88 20010000 389001 2,190.63. * * ** RECEIPT TOTAL t 33,765.76 19,161.60 TOTAL COLLECTED /TURNED OVER: 33,765.76 REPRESENTING COLLECTION FROM: 09/20/2012 TO 09/20/2012 REF #° PT POLICE DATE: Sep. 20, 2012 SIGNATURE: TITLE: JY[• lls5 S� DEPARTMENT SUMMARY ACCOUNT DESCRIPTION AMOUNT 20010000 389001 DEA PROP MISC REVENUE 20010000 389001 10496 MISC REV (SAPF YR 7) 31,575.13 2,150.63 2 i �h p 1 09/20/2012 10:55 jstanchak CITY OF BUFFALO PAYMENTS PROOF IPG 1 areshrct CLERK: jstanchak BATCH:21632 BATCH ENTRY DATE: 09/20/2012 RECEIPT YEAR BILL 'TYPE CATEGORY OUST # NAME LINE CHARGE DESCRIPTION PRIN PAID' PRIN ADJ INT PAID FROP HELDDB DISC AMT FERENCE TOTAL PAYMENT ----------- ------------- ------------------------------- ------- 1805462 2413 --------- - - - - -- ----------- t-- - - -___ PROPERTY IO MS- MI CASH RECEIPTS CUSTOMER - - - - - -- - -- - ° - - - -- y� � 331,'71G5 76 1 OD C 20 E MSC 33,765.76 1 (CASH ACC UNT 2000 000 10100 001 DO 3 900 2,589.51 DESC: 0010 0 3 9001 DRUGJ�ASSET FO FEI E RE 1: 12 60611 EF2 C2 -1 -0 5 00104 3 90p1 ,T03.16 DESC:'DRUG} ASSET FO FBI E RE 1: 12D 63748 REF2: C2 -1 -00 5 0 771.5 DESC: DRUG�AS T FO FBI E RE 1: 12D 63749 REF2: C2- 2 -00 6 001000 3 9001 2, 04. ESC:sDRUGfASS T FOgFEI E RE 1:.12D 6381 REF2: 2- 1 -01 0010000 3 9001 1, 6.5 SC: DRUG F�ZFEITUR RE l: 12bE 542 REF2: 2- 2 -410 0010400 9001 1, .8 D C: DkUG 'iASSE F RFEI RE 1: 12DEA 061 REF2; 2- 2 -005 0010000 3 9001 9 6 T)E C: 15j SAFF Y 7 1: 12DRA6 0 REF2 : 2 2 - 005 0010000 389001 1 61. DE C: DPUG ASSET FORFEITURE R F1: US CUSTOMS REF2 ;. 0 0412301 HANK XFER 1 33, 5.76 C142 K /REF4_ A R. DD• EF#, 1806464 2013 RO R MS- MISC CASH RECEIPTS OC: Reversal / 1806462 OD 0 DEA MSC - 3 ,765.76 CASH ACCO 0000000 01000 010 89001 2,589.51 C: DRUG ASSET FORTE T REF1: 2D 60611 R F C2 055 0 0 0 9001 ,103.16 E DRUG ET FORFE TUR REF1: 12DE 63748 F2 C2 - 12 - 085 010 3 9001 O1 0 001 771.58 ES : DRUG 5 T FORFE TURE EF1: 12DEA 3749 EF2: C2 - 12 - 086 - 2 704.82 ESC DRUG S3Z FORF TUBE EF1: 12DEA 815 EF2: C2 - 11 0162_ 2 10 00 38 001 -1, 76.58 ESC: DRUG ASS FORF ITURE 20 10 0 38 41 F1: 12DEA 6 425 EF2: 2 -12 0100 ' 200 OD 0 389 01 -1, 67.88 DESC: DRUG SSE FORF ITURE R F1: 12DEA 6 610 EF2: 2 - - 0055' -2,1 0.63 DESC: 5% AFF Y 7 20'01 0 389 1 R 1 12DEA60 10 REF2: 1- o0S5�, 19,1 .60 DESC: RUG ASSET F ITURE RE US OUST REF2: 1 XFRR 1 4 04 12301 - 3,765. 6 BECK /R #: ADD'L REF # - 1806465 013 MS MISC C H P, IP STOMER PROPERTY LOC: 1 20DUNC 20 DEA MSC 33,765.76 CASs; ACCOUNT: 20000000 141000 20010000 389001 2,589.51 DESC: DRUG ASSET FORFEITURE REF1: 12DEA60611 REF2: C2 - 12 - 0055 20010000 389001 1,103.16 DESC: DRUG ASSET FORFEITURE REF1: 12DEA63748 REF2: C2 -12 -4095 20010000 389001 2,771.58 DESC: DRUG ASSET FORFEITURE REF1: 12DEA63749 REF2: C2-12 Op 20010000 389001 2,704.82 DESC: DRUG ASSET FORFEITURE RBF1: 12DEA63815 REF2: C2 -11 -0162 20030000 389001 1,376.58 DESC: DRUG ASSET FORFEITURE REF1: 12DEA65425 REF2: C2 -12 -0190 20014000 389001 1,867.88 DESC: DRUG ASSET FORFEITURE REF1: 12DEAGO610 REF2: C2- 12- 0"0'55 20010000 389001 10496 2,190.63 DESC: 15% SAFF YEAR 7 REF1: 12DEA60610 REF2: C2 -12 -0055 24010400 389001 19,161.60 DESC: DRUG ASSET FORFEITURE RBF1: US CUSTOMS REF2: 0100012301 1 BANK XFER 1 33,765.76 CHECK %REF #: ADD'L REF#k: TOTAL RECEIPTS 3 TOTAL PAYMENTS 33,765.76 TOTAL PRINCIPAL PAID DO TOTAL PRINCIPAL A37JUSTEb .00 TOTAL INTEREST PAID DD TOTAL INTEREST HELD .00 TOTAL DISCOUNT AMOUNT .00 -33, jg5.76 J3,, 765 .76 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES October 2, 2012 00024 #1 (Rev. 1193) Single Page Communication to the Common Council `iy To: The Common Council: Date: September 12, 2012 From: Department of Economic Develo ment Permit & Inspection Services Division: Office of Licenses Subject: [: Lodging House License [: 392 Curtiss St (Fillmore) Type in Upper and [: Lower Case Only [: Prior Council Referritce: (If Any) J: Ext. (Item No. x x, L .0 -P. x1c/xxlx ): Text (1 e Sin le Space Below}: Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application fora Lodging House License located at 392 Curtiss St, and find that as to form is correct. I have caused an investigation into the premises fi�, wbiciE said application for a Lodging Vouse license is tieing sought and ;jc:;oru'mg to the attached reports from the Zor3, Office, Fire Departme.i', Police, and Building Inspections, Health -t partment. I find it complies with all regulations r.* : .:' :er applicable laws. I have caused an investigation by the Police I' .partn'.ent into the moral character of Franklin McKeven. The attached thereto for Franklin McKeven. This request is submitted for your approval or whatever action you deem appropriate. Tie Department Head Name: JAMES COMERFORD Type Title: Signature of Department Head: JC:PS:jd fe/ REFERRED CO MWTTEE ON '` OL Interdepartmental Memo Date: September 12, 2012 To: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Lodging House at 392 Curtiss St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Lodging House License application to the Common Council: ®f Fire Prevention Q Building Inspection C Police Department J Health Department 3 " Lodging House Agent License (Owner living at location) 7 !.J Application Director o Permits & Inspection Service Date rE f CITY OF BUFFALO - BUSINESS APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 }: Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record ` LODGING HOUSE LICENSE APPLICATION Lodging House Address C 55 S , Buffalo NY Number, Street ZIP Number of Rooming Units Total Number of Beds Total Number of Beds Applied for Number of Rooms . _ Number of persons occupying each Rooming Unit Name of Ownex /7 A � Home Phone # __ -- Owner Address Number, Street City, town or Village State 71P� Owner Date of Birth _ Place of Birth C_ 1_r X { ()I l _ 6 , A NYS Tax .ID # - L l ! Bij, izxess jdVebsite _ _ &Mail ADDITIONAL REQ'UrIREMENT As per Chapter 269 -2(B) of the City Ordinances, no license gill be issued unless the.owner OR the agent of the property resales on the premises of the lodging house. Check one: ' the owner, reside on the premises of the above lodging house address. ❑ is the Lodging House Agent residing at the lodging house. Fees 0 i5 beds ...... $71.00 1 r� -25 beds ....$118.00 over ZS ;;eds ... $118.00 + $2.50 for each additional bed Subscribed an sworn t9 before me this b 2011 Co ftt! eeds I am aware of the obligation to provide timely notice of any change in required inform-'Jon, and I have informed all wners, managers, or other principals of their criminal and/or civic responsiUlity for the timely fulfillment of _restrictions and conditions to -the.]iLs: cc : >r timely abatement of any nuisance activity at or associated with the business. I certify the information on this fo is the best of my knowledge and ie Signature of Applicant U , Print Name 4 Q1 Date °I A True, correc , complete and current to INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO REFERRAL DATE : REMAP XS: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF FRANKLIN MCKEVER LODGING HOUSE 392 CURTISS IaILLMORE COUNCIL DISTRICT FRANTKL1N MCKEVER (716)507 -0475 LHM12- 10024788 POLICE RECORD CHECK ATTACHED DISAPPROVAL REASON: n -- � (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRER TO ) APPROVED: DATE °APPROVED: DATE DISTRICT CAPTAIN: APPROVED: DATE DISAPPROVED: DATE ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *'"* REMARKS: COMMISSIONER OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ; 447C,(REV.9108) Buffalo Police Department Identification Section 74 Franklin. Street Buffalo, New York 14202 APPLICATION RELEASE FORM 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. Maize 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 by .a Notary Public (or) Commissioner of Deeds, as listed on the bottoai of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT:_ SEX- T RACE CURRENT ADDRESS: D ATE OF BIRTH: SOC'TAL SECURITY # REASON FOR REQUEST_ STATE. OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO V j SIGNATURE OF APPLICANT •C l ! c' NAM . } SS. r I I C :C. ►t, l ' t. :E, (� [.� L� �J ,tome known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. TO BE COMPLETED BY IDE-N;FIFICATION SECTION PERSONNEL * * * * * * ' ° 'F' R + CORD A'T'TACHED VERIFIED BY: ® NO .RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60..,DAYS FROM DATE VERIFIED. NOT -VALID- NNTIL ST-AM BUFFALO POLICE DEPARTMIENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 01/17/201210:00:4 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS RE=PORT. NAME: MCKEVER, FRANKLIN R DATE OF BIRTH RACE: Black SEX: M ADDRESS: 43 GUILFORD ST BUFFAI..O, NY BUFFALO NY SOCIAL SECURITY #: .�,► PCN: 07723158 NYSID: BOOKING /ALIAS NAMES: MCKEVER, FRANKLIN R WARRANT/WA -INT INQM, Y —REFER TO WAkRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH iS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BYLAW. BYLAW, NO INFORMATION MAYBE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY: ruuu..0 1. 1J11 d � CIARGE 12/01/2000 PL 285.01 02 PL 120.14 01 REFERENCING A.OENCY - -- - -- DISPOSITION BUFFALO POLICE DE"PARTMENd REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMkTION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAG E: 1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: LT. CHRISTOPHER LASKY �U 2 APPLICATION FOR: FRANKLIN MCKEVER LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: 392 CURTISS LOCATED AT: lV L�� COUNCIL DISTRICT:. FILLMORE COUNCIL DISTRICT APPLICANT NAME: FRANKLIN MCKEVER APPLICANT PHONE: (716 )507 -0475 APPLICATION NO: LHM12- 10024788 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: -----------------------------------------....------------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) N1MR OF BEDS APPROVED: ,..F' DATE: DAm ..... _ -- DIPR9YED,-_ DISAPPROVAL DATE: * *° *REASON FOR DISAPPROVAL MUST BE STATED BELOW***. REMARKS: INSPECTOR: RM# _ EXT 15 AFTER INSPECTION PLEASE COMPLETE ' AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE. OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE :. HEALTH DEPARTMENT REFERRED TO: MARILYN TUBERDYCK APPLICATION FOR: FRANKLIN MCKEVER LICENSE TYPE: LODGING HOT)SE BI'SINESS ADDRESS: 392 CURTISS LOCATED AT: COUNCIL DISTRICT: FILLMORE COUNCIL DISTRICT APPLICANT NAME: FRANKLTlq MCKEVER APPLICANT PHONE: (716)507 -0475 APPLICATION NO: LHM12- 10024788 REFERRAL DATE: 1 REMARKS: DISAPPROVAL, REASON: __-------------------------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED: DATE: J DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL RUST BE STA ' D BE,L,OW * ** REMARKS: INSPECTOR: RM# _._ EXT.� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFIC F LICENSES ,.'1 Y HALL BUM DLO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE: TYPE: BURNESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: BUILDING GARY ZIOLKOWSKI FRANKLIN MCKEVER LODGING HOUSE 392 CURTISS FILLMORE COUNCIL DISTRICT FRANKLIN MCKEVER (716)507 -0475 LHM12- 10024788 ------------ -------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVE DATE: DISAPPROVED: DA TE: DISAPPROVAL DA'Z'E: ** *REASON FOR DISAPPROVALM BE STATED BELOW * ** REMARKS: INSPECTOR. R W _.. - MT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. OKI N FROM THE CITY CLERK October 2, 2012 000> No. Liquor License Applications Attached hereto are communications from persons appl) Erie County Alcohol Beverage Control Board. Address Business Name 1116 Elmwood Ave India Gate 257 Franklin Skybar 256 Allen The Bend on Allen 4$$ Franklin MAdoflnV st 'ing for liquor licenses from the Owner's Name Bath Restaurant Corp Bflo Pub Concepts, Inc. Ultra Holings 2012, LLC ithe Cafe at 59 Allen St Inc. RECEIVED AND FILED October 2, 2012 / STATE OF NEW YORK 'EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized NOTICE FOAM jorProvidingo 30-Day Advance Notice to a Local Mnnicioalli or Communitvlloard tnco umdonwi lh the ssbmisctonto the State Dip- Avthorftyofa (Chleckone ® New Avolication ❑ Renewal Application ❑ Alteration Application El Corporate Change for an On Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: 2. Name of the Local Municipality or Community Board: A �.��'Si�:S 3 �f- 1�,� ` ��.�. �A�� :l_:�+a' '°' !,, a.... .x. .. _. `. e+)' . ... .. . , �_, _ :. ? -_ , �iF'��l.T���K� nq. _ i 3. Attorne Full Name is; JUSTIN S. WHITE 4. Attorney's Street Address: ATTORNEY AT W L 5. City, Town or Village: 6 M ain Street State: Zip Code: 6. Business Telephone Number of " t NY 14221 f �e�� � ri,��"`}Y� t � �, � � _ - Yom•' �n j - �� � E dtt�� '+'F� , Z � � �� � ?Ai* �'L •- �i � j� � �• .,.e. _sf ,�Y �.j ; A FI n • _. �.j �yll� �l ° P{fi� �. to .._ .6�v�. ,� ..:y.. - - .? .'''t'ii - $' '..., .1!l '�f:_1. _i.' t°�:. : ; - -- EE�.. {i R��+�+s .Y5�m��xn� 'E 7. Type(s) of alcohol sold or to be sold under the license: (`X' one) ❑ Beer Oril ❑ y Wine and Beer Only Liquor, Wine and Beer FE Extent of Food Service: Restaurant (Sale of food primarily; Tavern/Cocktail Launge/Adult Venue /Bar'(Alcohol awes primarily - °X" 8 ( One) I I N I Full food menu; Kitchen nm by chen meets legal minimum food availability requirements) Hotel ❑ Live lvluaic Disc Jockey ❑ Juke Box ❑Patron Dancing (Small 0 Karaoke Bar scale( 9. Type establishment: (`X' all that apply) Cabaret, Night CEub,(Large Scale Dance Club) ❑ Capacity for 600 or more patrons 11 Bed & Breakfast © Restaurant ❑ Club (e.g. Golf/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational, Facility (Sports Fraternal Or g.) Facility/Vessel) 11 None Rooftop [] Patio or Deck ❑ Freestanding Covered Structure Garden 10' Licensed outdoor area: / Grounds (W all that apply) ❑ Sidewalk Cafe Other (Specify):None 11. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( °X" one) y ❑ No 12. License serial number: Expiration Date: 13. The applicant's or license holders full name, as it appears or will appear on the license: 5A„-� tRE4 -rA-V RAA 7 — A 0 RP V 14. The Trade name, if any, under which the establishment conducts or will conduct business: � N V l n & Ar l e 15. The establi shment is located within the building which has the following street address: 16. City, Town, or Village: Y Zip Code: 17. The establishment is located on the fallowing floor(s) of the building at the above address: i 18. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 19. Business telephone number of applicant / licensee: ! "'` i ( ,, Da \ \\ Business fax number of applicant / licensee: 20. Business e-mail address of applicant/ licensee: 21. Does the applicant or license holder own the building in which the establishment is located? (W one) ❑yea (If 'Yes", SlaP items 22 -25) © No � f M 22. Building owner's full name is: L �...+ �+�,,, 23. Building owner's street address: 3 N w �� " & s 24. City, Town, or Village: J Z lNt Zip Code: 25. Business telephone number of building owner: F 71 1 G _ $ 1 1 7 1 - S -3 L/(, L0 ' �.ak'..ui $ s.u� A ' - - ,.... - - r.... Rrx !'..',"'..e' r, :. fi '.F ,h'' -:`.. ., ?s` ,..°' rFo. Ai4.c. /-• 1 ...;E -, "'? ' -.. SlBStaRVe Printed Name Title Revised 5/23/12 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY * CLASS Srandardized NOTICE FORM for Providing a 30-Day Advance Notice w a Local Munici all r Corr in mviecriou wiix rlest+d+ nirrion iarhe Sa(a LignorAnrhanryafo(PheP�l Oile ❑ New APPHeation ❑ Renewal Aoulication ❑ Alteration ADalication Cj.VAg& 'l11k1`4 ❑ Corporate Change, form On- PreMsesAltoholic BeverageLicease I. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: 2 Q f �] THIS :30 -DAY ADVANCE NOTICE 1B HEING PROVIDED TO THE.CLERK.OF THE FOLLOWING LOCAL MUNICIPALITY OR CommUNITY HOARD 2. Name of the Local Municipality or Community Board: 23. of - C,te'r ATTORNEY REPRES ENTING THE APPLICAN. -: CONNECTION WITH THE APPLICANT'S LICENSE kP CATION NOTED AS "OVEFOR THE ESTABLISHMENT MEN'I`IFIED IN THIS NOTICE 3. Attorney's Full Name is: O 1G1 nc-0 l , ' AdU M pf L &- 1 7 ee+ C � � t � eJ 4. Attorney's Street Address: 5. City, Town or Village: State: (� Zip Code: q CZ 6. Business Telephone Number of Attorney: 1 b 3 bO 3 - cvacnc. xnrra .aa.nsrao�rnaivwaa�aLn�.as FOR ALTERATION APPLICANTS, ATTACH FOR CURRENT LICENSEES, SET . :nn unm rmc mwc enexr IVWf1'aV l7A'!'E . OSED,ALTERATION[S) f ONLY 16 OWNER OR THE - BUILDING IN .WHICH THE- LTCFNSRD RSTARL1g4MTPWT is tneATt+`n. II 22. Types) of alcohol sold or to be sold under the license: ( °X" One) ❑ Beer Only ❑ Wine and Beer Only 23. Liquor, Wine and Beer F Extent of Food Service: (`X" One) El Restaurant (Sale of food primarily; Full food menu; Kitchen run by chef) Tavern/Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - meets legal minimum food availability requirements) O ode: y 221 1 ❑ Hotel ❑ Live Music ® Disc Jockey ❑ I � Juke Box {/� � I Patron Dancing (Small scale) ❑ Karaoke Bar 9. Type ll that aPPlyl establishment: ` ( X. all Capacity for 600 or ore patrons 11 Red & Breakfast El Restaurant ❑ Cabaret, Night Club,(Large Scale Dance Club) 1:1 m f1i ❑ Club (e.g. Golf/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the ii tense. Representations in this form ar in conformity with " representations made in ''submitted documents relied upon by the Authority when granting the license. l understand that representationsntade in this form will also be (Sports 26 By.my signature, I alllrm- under Penalty cif Perjury, -that the representations made in this'Form are true. Fraternal Or g.) Facility/Vessel) Title Tx 5 C n ao-� ❑ None © Rooftop ❑ Patio or Deck ❑ Freestanding Covered Structure ❑ Garden 10. Licensed outdoor area: /Grounds (,X" all that apply) ❑ ❑Other Sidewalk Caf8 (Specify):None 11. Will the license holder or a manager be physically present within the establishment during all hours of operation? (`X" one) ®yes ❑ No 12. License serial number: 31 1 O The applicant's or license holder's full name, as it appears or will appear on the license; ` Expiration Date: �` l� R'is c zw_5 mle *1 ) WC, D 13. 14. The Trade name, if any, under which the establishment conducts or will conduct business: (� 15. The establishment is located within the building which has the following street address, -2 ar l + r" I �� 16. City, Town, or Village: D Zip Code: 14-2 17. The establishment is located on the following floor(s) of the building at the above address: ^n1�r .3— 18. Within the building at the above address, the establishment is located within the rooms; numbered as follows: 14. Business telephone number of applicant /licensee: ( - T \ (0 M - 1 I y Business fax number of applicant /licensee: 20. Business e-mail address of applicant /licensee: Mork C voc 2 MCU,� C p l Yl 21. Does the applicant or license holder own the building in which the establishment is located? (`X" one) ❑yes (If `Yes ", SKIP items 22 -25} © No 16 OWNER OR THE - BUILDING IN .WHICH THE- LTCFNSRD RSTARL1g4MTPWT is tneATt+`n. II 22. Building owner's full name is: }. � � / ry A7 / ^ o 71 23. Building owner's street address: (_ n r` � 24. City, Town, or Village: O ode: y 221 1 25. � Business telephone number of building owner`" f1i I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the ii tense. Representations in this form ar in conformity with " representations made in ''submitted documents relied upon by the Authority when granting the license. l understand that representationsntade in this form will also be relied upon, and that false representations may'result. In disapproval of tho. application or revocation of the license; 26 By.my signature, I alllrm- under Penalty cif Perjury, -that the representations made in this'Form are true. Printed Name D . Title Tx 5 C n ao-� lievrsed Slv3 /1'L THE KNOER GROUP, PLLC a 424 Main Street, Suite 1820 Buffalo, New York 14202 l 1G' (716) 332 -0032 www.knoergroup.com Chanel T. McCarthy, Esq. cmccarthy@knoergropp.co 26, 2012 VIA HAND DELIVERY Gerald Chwalinski, City Clerk City of Buffalo Office of City Clerk 65 Niagara Square, 1308 City Hall Buffalo, New York. 14202 Re: Buffalo Pub Concepts, Inc. d/b /a Skybar Serial Number 3110834 Our File No. 09 -026 Dear Mr. Chwalinski: Enclosed please find the New York State Liquor Authority 30 -Day Municipal Notice pertaining to the Buffalo Pub Concepts, Inc. d/b /a Skybar liquor license Class Change Application, Buffalo Pub Concepts, Inc. seeks to change its current license class from a bi- annual On- Premise liquor license to a Seasonal liquor license. Buffalo Pub Concepts, Inc. is a current licensee in good standing and holds a valid On- Premise license that does not expire until November 30, 2013. It seeks to change its license class to reflect its seasonal operations. Thank you. CTM /ctm Enc. CC: Buffalo Pub Concepts, Inc. (via e-mail) Very Truly Yours, THE KNOER GROUP, PLLC C anel T. McCarthy f STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64•a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Community Board/Municipality: Ultra Hollings 2012, LLC City of Buffalo The Bend on Allen City Clerk 256 Allen Street 1308 City Hall Buffalo, NY 14201 Buffalo, NY 14201 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: Premises Address: 256 Allen Street NYS Liquor Authority Buffalo, NY 14201 10!312012 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 8/21/2012 with the State Liquor Authority for the following premises: Applicant's Serial ERIE OP 3152498 Number and Name: Ultra Holings 2012, LLC Premises Address: 256 Allen Street Buffalo, NY 14201 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. STATE LIQUOR AUTHORITY DATE: September 20 2012 BY: Edm s, Deputy Commis s' n r FORM: L.D.3 (5111) mam "0 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Community Board/Municipality: The Cafe at 59 Allen Street Inc City of Buffalo Madonna's City Clerk 488 Franklin St. 1308 City Hall Buffalo, NY 14202 Buffalo, NY 14201 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: Premises Address: 488 Franklin St, NYS Liquor Authority Buffalo, NY 14202 101912012 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 8/29/2042 with the State Liquor Authority for the following premises: Applicant's Serial ERIE OP 3152525 Number and Name: The Cafe at 59 Allen Street Inc Premises Address: 488 Franklin St, Buffalo, NY 14202 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre- register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. STATE LIQUOR AUTHORITY DATE: September 24, 2012 BY: U _, David, L E unds, Deputy Commie 'oner FORM: L.D.3 (5111) mam 0001 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: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks - X Police- Margaret Overdorf, Deanna Fera, Robert Delaney Fire - Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs - Human Resources- Civil Service Commission- =41" -Lid r : ► r i] October 2, 2012 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE September 21, 2012 FROM: DEPARTMENT: POLI DIVISION SUBJECT: : Unpaid Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW Report Technician Margaret Overdorf assigned to Deputy Commissioner Tomaszewski's Office has been granted a maternity leave of absence without pay for the period of 111 days commencing September 18, 2012 through January 6, 2013. ti PO Deanna Fera assigned to the E- District has been granted a medical leave of absence without pay for the 'period of 2 weeks commencing September 22, 2012 through October 2, 2012. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE:. Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: DATE: NAME: c1l *SSN: X)QC - XX - 9 * * LAST FOUR (A) DIGITS ONLY" .. FLAN K• UNIT :a�� -� s EDUCATIONAL ❑ MATERNITY EMPLOYMENT ❑ MEDICAL FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL • THE FAMILY MEDICAL LEAVE IS A ix WEEK LEAVE FOR: CARE OF CHILD, SPOUSE„ PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • $WORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (90) DAYS OR A CONSECUTIVE ACCUMULATION OF. EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUSS SURRENDER THEIR DEPARTMENTAL WEAPON; RADIO, CAP SPRAY, BADGE, WREATH, A ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: . c7 c� D ATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: � J � P na EM YEE SIGNATURE PA, PA PRO] ED I DENIED 1 PRO t Q Q UP S 0 P 111 A E I F 0 APPR I DENIED 1 PRO t Wt== UPON S EN FD A NTA POLICE COMMISSIONER ©AT d��, Q_o r ? w Q CC: ORIGINAL- ADMINISTRATION AND FINANCE (FILE) R EMPLOYEE M SSIbN LABOR RELATIONS `__ CIVIL SE RVICE nn "U DATE: -f NAME: _dEeA *SSN: XXX XX • * LAST FOUR (4) DIGITS ONLY .RANK: UNIT: TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY r E EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY PERSONAL ❑ THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) SWORN MEMBERS RE STING A LEAVE OF AB SENCE EX CESS THEIR DEPARTMENTAL WEAPON, CAPS RAY' BADGE CUTIVE ACCUMULATION OF. EXTENSIONS IN EXCESS SS OF THIRTY {90} DAYS; MUST SURRENDER WREATH, 3 ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE �� OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING EXPLANATION OF LEAVE: DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: QENIED 1 pw DATE P O ENIED 1 PPRO A ONDITI ED P N SURR DER OF DE ARTME POLICE COM - -. { EMPL E S GNATURE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE September 10, 2012 FROM: DEPARTMENT: POLICE DIVISION SUBJECT: : Unpaid Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW PO Robert Delaney assigned to the A- District has been granted a military leave of absence without pay for the period of 2 days commencing September 7, 2012 through September 9, 2012. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: _ 't-u vil vju.dizl rrsui DATE: NAME: ( RANK: SSN: UNIT; �,..,.,f��J f � . • � -- A I frw EDUCATIONAL cl MATERNITY. E3 EMPLOYMENT �Am W V I M I AnkLIT'A'RY QF PERSONAL THE FAMILY fifiDICAL LF-Ava 15 A 12 wrzEx LEAVE FOR; CARE OF CHILD, SPOCUSE, PARENT OR 0 14 MqWCAL-, HEALTH CONDITION (ADDITIONAL FORM REQUIRED) E::: , gz� -X THE TAKING OF A -c NDAg! My LEAVE OF ABSENCE "LL RESULT THE LOSS OF THE PERFECT Arm 7 PBA ONLY)' MORN MEMBERS REQUESTING A THEIR PIWARTMENTAL WEAPo LEAVP-OFAiSENCE IN. UCEVSOF THIRTY (30,j 0AY3`MU3TS;NREf�RpR M F j AWL-tink 00 3() WILL N, CAP SPRAY, BADGE & 10 CARD PRIOR TO Ng START OF TNEI _ F.AVft -M& RESULT'N'THE REVOCA OF 7WE LAAVE OF A&SENCLE AND rH rWpM 77 ANWAS AWOL EC - O A EXPLANATION OF LEAVE: i 07 E�1�- �:rs�rt n Sf��Iv` y ea DAMLQF LEAVE BEGINNING DATE: � S'6W i a RETURN DATk.- .0 =p LENG L TH OF LEAVE: jZ-1 t)�qq REI51 mo @f _ to 1A -wo COMMISS1014ER AUMINIZTRATIVE �ERVJCIIS COM OFFIC.PM T-778 P001/001 F-180 V 44 (Rev 7 -07) 0002 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 September 26, 2012 Common Council City Clerk Assistant Legislative Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 27,018 LAST JOB TITLE NAME Damon L. Palmer LAST DEPARTMENT DATE ADDRESS 362 Northland Avenue LAST SALARY CITY & ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX -XX -9213 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L AST 4 DIGITS O SSN. X -XX- BUDGET ORG. CODE 10220001 TITLE CODE NO 3704 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5331 SALARY RANGE OF POSITION $•27,018.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: September 26 0 2 SIGNATURE OF APPOINTING AUTHORITY: .-'L. J A — ' ORIGINAL + 2 COPIES TO: CITY CLERK (ONME`FORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE Q1 #4 (Rev 7 -07) ® 0 0 2 S Certificate ? Cate of Appointment 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 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: September 19, 2012 in the Department of COmmonCOuncil Division of Council Staff to the Position of Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSI €tED 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 LAST DEPARTMENT LAST SALARY NAME Felicia Stanley DATE ADDRESS 142 Goulding Avenue CITY & ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX -XX -8220 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- BUDGET ORG. CODE 10102001 TITLE CODE NO 3580 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 5328 SALARY RANGE OF POSITION $41,163 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Senfamhpr TR_ 2(142 _ SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER 44- HUMAN; SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES ) f #4 (Rev 7 -07) 0 0 0 " .9 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: September 17, 2012 in the Department of CommonCouncil Division of Council Staff to the Position of Senior Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 46,083 LAST JOB TITLE 3580 NAME Rasheed Wyatt LAST DEPARTMENT Council Staff DATE ADDRESS 73 Easton Avenue LAST SALARY $41,163 CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -2939 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- BUDGET ORG. CODE 10102001 BUDGET ACCT. OBJ. 411001 PROD. ID SALARY RANGE OF POSITION $46,083 REASON FOR AP PT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE CODE NO 3699 PERSONNEL REQ. NO 5327 PER YEAR DAY HOUR YEAR Geral A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: SepAWber 18, 2012 SIGNATURE OF APPOINTING AUTHORITY: sr ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) �� #4 (Rev 7 -07) O 1_ Certificate of Appointment J 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 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: September 20, 2012 in the Department of Common Council Division of Delaware District to the Position of Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 41,163 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Stephanie Parobek DATE ADDRESS 142 Lexington Avenue CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX -XX -9575 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XX -XX- _ - ADOPTED BUDGET ORG. CODE 10105001 TITLE CODE NO 3580 BUDGET. ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5329 SALARY RANGE OF POSITION $41,163 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: September 20. 2012 n SIGNATURE OF APPOINTING AUTHORITY: 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 #8- EMPLOYEE(S) (' f 0003 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. WRISISM9 October 2, 2012 #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: September 20, 2012 in the Department of Division of to the Position of Common Council City Clerk Intern IX 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 $ 12.06 LAST JOB TITLE Clerk NAME Tanika M Hubbard LAST DEPARTMENT City Clerk DATE 2012 ADDRESS 176 Martha Avenue LAST SALARY $30,507 CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -1371 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5291 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: September 20, 2012 SIGNATURE OF APPOINTING AUTHORITY: zblt�' aw'1_4 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 #8- 00Q�? No. Appointments- Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. i s #4 (Rev 7 -07) a` 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 prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 911$112 in the Department of Executive Division of Mayor to the Position of Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) _SS_ IFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 12.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Naeem Jenkins -Nixon DATE ADDRESS 115 Godfrey St. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST D OF SSN. X XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Byron W. Brown _ TITLE OF APPOINTING. AUTHORITY: Mayor DATE: 9126112 SIGNATURE OF APPOINTING AUTHORITY: �J ORIGINAL + 2 COPIES TO: I &DEPkMK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIV1 SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- fiMPLOYEEfS) 00033 7, 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. October 2, 2012 0 3 t!% #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or 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 91 Zolr z� Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) (Enter Starting Salary) : Starting Salary of $ 12.06 hr. SEASONAL APPOINTMENT FLAT LAST JOB TITLE Supervising Lifeguard NAME Taylor Sittniewski LAST DEPARTMENT DPW DATE 9112 ADDRESS 144 Wilett LAST SALARY $12.19 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX- .LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRES CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- .REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -041 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9/19112 SIGNATURE OF APPOINTING AUTHORITY: =r — ORIGINAL+ 3 COPIE$_TO_. CiTYCLERK QN /13EF6RE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESQVIL SERVICE #7- BUQGET #B- DEPARTMENT #9- DIVISION #10- _EMPLOYEE(S) (3�' #3 (Rev 1 -02) 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 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 ql Zoe 2"-' Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $ 12.06 hr. LAST JOB TITLE Supervising Lifeguard NAME Chelsea Gabamonte LAST DEPARTMENT DPW DATE 9/12 ADDRESS 143 Military Rd. LAST SALARY $12.19 CITY & ZIP Buffalo 14207 A LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Justin Hart LAST DEPARTMENT DATE ADDRESS 66 Romoleno St. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL. SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -041 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste - pniak _ 6 Commissioner 9119112 ORIGINAL. + 3 COPIES TO: CITY CLERK (ONIBEFOREA—PPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMA :SERVI E CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION M- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment l�J 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 pivision of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT iEnter Starting Salary) : Starting Salary of $ 12.06 hr. LAST JOB TITLE Supervising Lifeguard NAME Katherine Ryan LAST DEPARTMENT DPW DATE 9112 ADDRESS 182 McKinley Pkwy. LAST SALARY $12.19 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Kathleen Scherer DATE ADDRESS 55 Kenefick Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -041 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9119112 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: Cl'IY CLERK (ON/BEFORE APPOINTMENT DATA) OTHER COPIES TO: #5- COMPTROLLER #B- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #4 (Rev 7 -07) is 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 Public Works, Parks & Streets Division of to the Position of Parks Lifeguard 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) FLAT (Enter Starting Salary) : Starting Salary of $ 12.06 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Michael Milovich ADDRESS 102 Farmer St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY 97:11110 NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -041 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: _, Commissioner DATE: 9125112 SIGNATURE OF APPOINTING AUTHQRITY; ORIGINAL + 2 COPIES TO: .CITY CLERK (ON/BEFORE APPOINTMENT DAT) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL 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 q 1,2 ( �— Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SESSrtilellf,l Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.06 LAST JOB TITLE NAME Marcia Maracle LAST DEPARTMENT DATE ADDRESS 283 Crestwood Ave. LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jennifer Snyder DATE ADDRESS 175 Stratford Rd. CITY & ZIP Buffalo 14216 LAST 4 DIG O SS XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ, NO 2012 -041 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick -� TITLE OF APPOINTING. AUTHORITY: Commissioner_,, r DATE: 9126112 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY 0LFEk'KniON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0 003 11 �\ I L 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. October 2, 2012 �i #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 1011112 Audit and Control Accounting Data Control Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) T EM PO RA R Y Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 33,303 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Rosa Suarez DATE ADDRESS 46 Sumner Place CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10443001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5315 SALARY RANGE OF POSITION $33,303 - $37,249 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY--;,, Anne Forti- Sciarrino Deputy Comptroller 9/26/12 ��,,,, lam._ �v �• ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- #4 (Rev 7 -07) Certificate of Appointment r ,�O 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 1011112 Audit and Control Audit Assistant Auditor Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non Competitive, Exempt (Insert one) OPEN COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 38,751 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cherelle Syph DATE ADDRESS 436 Cornwall Ave. CITY & ZIP Buffalo, NY 14215 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 10442001 TITLE CODE NO 0520 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5318 SALARY RANGE OF POSITION $38,751- $44,375 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Anne Forti- Sciarrino TITLE OF APPOINTING. AUTHORITY: Deputy Comptroller DATE: 9/26/1 . SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 - : EMPLOYEE(S) 0003 "i 1 Im 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) . 3\� 43 (Rev 1 -02), Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1 0- 1 i 2. in the Department of Inspections Division of Permit & Inspection Services to the Position of Chief Building Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) (Enter Starting Salary) : Starting Salary of: LAST JOB TITLE LAST DEPARTMENT LAST SALARY Building Inspector Permit & Insp. Sery $55,508 APPOINTMENT MINIMUM $61,425 DATE 9 -20 -12 NAME ADDRESS CITY& ZIP Thomas Brodfuehrer 2497 Niagara Street LAST 4 DIGITS OF SSN. XXX -XX -7230 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 16550001 TITLE CODE NO 3160 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -008 SALARY RANGE OF POSITION $36,855- $61,425 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY.: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9 -20 -12 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6 HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- -EMPLOYEE(S) 1 2� --- . OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERTVIIT DOWNTOWN ENTERTAI OUNTREVIE'W DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WMRE ALCOHOL.IS SERVED' Pursuant to §511 -68.6 ofthe 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 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 u . 'V ►�4 J� 5, IS THIS A ONE -TIME EVENT? (CHECK ONE) YES NO 6. DATE OF ONE= TIME EVENT _ 1,0 9l 7.. IS. THIS WRECURkING EVENT (CHECK Olt) YES NO 8 DATES OF T,2ECURRIN0 EVENT AJ1 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND y4d &!ek. 10'. START TIIv1E AND END TIME OF EVENT START 0 .'3 END 0� ' lRevi §ed Apig 9, 2012 DOWNTOWN ENTERTAINMENT DISTRICT . RESTRICTED USE PERMIT APPLICATION r' - CONTINUED 11. Detail safeguards to be undertaken to insure that all patrons under the age of 21 are easily identifiable:. kr ► t XX' x ti L os, ds 1►i � f e ; v5c 12. Detail your security plate for maintaining order and patron safety during this event: Ol11 �/ 1 Ptsrrar; ,ffze d td et��.5 13. How many will be on the premises' during the event to maintain order? 14. WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT? J6 15. IF YES, NAME OF SECURITY CONTRACTOR 16. NEW YORK. STATE LIQUOR AUTHORITY LICENSE NO. 17. ERIE COUNTY HEALTH DEPARTMENT NO. /'y / VO76 Under penalty of law for filing a false instrument 1 declare that the above statements.are true and hereby make this application. O L ICANT'S SIGNATURE ADDRESS 79 U__ d!'%f -- �u /o; jY 1* .TELEPHONE 77I - 90 9 -773 Revised April 9, 2012 REFERRED TO THE COMM N LEGISLATION. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS October 2, 2012 EXPECTED ADDITIONAL STAFFING AND SLOT REVENUE FLOWS IM SG C AND THE CITY OF K BUFFALO FROM PROPOSED CASINO EXPANS PREPARED STEVE SIEGEL - PROFESSOR, COLLEGE OF HOSPITALITY AND TOURISM MANAGEMENT, NIAGARA UNIVERSITY SEPTEMBER 2012 REFERRED TO THE COMMITTEE n I t N I -s.-, ; t' i�� I-- ili u 1! A I i � , �'E V E L 0 P M E N T. ^ #N 6o TABLE #1'� (Based upon 3238 Slats and 113 ?'able Games in the casino in 200$) -- IN> =fii IN1 e. `i7n>!u iiakl�anR o.gv''sl;c I+ 21 S,ATSEIIIE#`'A NIAGAItA,CA5IW SOURCE: http:// www. usaniagara. com/ UploadedFiles/ SenecaNi agaraCastnoEconomicimpactJune2O .pdf # OF EMPLOYEES %. STAFFING RATIOS TABLE GAMES 651 30.4% 6 employees /game SLOTS 161 7.5% 20 slats /employee FINANCE 235 11.0% N/A MARKETING 112 5.2% N/A ADMINISTRATION 51 2.4% N/A INFOTECHNOLOGY 18 0.896 190 slats/employee FOOD & BEVERAGE* 528 24.7% N/A RETAIL 35 1.6% N/A PROPERTY OPERATIONS 124 5.8% 27 slots +table ames /em to ee TRANSPORTATION 77 3.6% N/A SECURnY 1491 7.0% 22 slots +table games/ emplo ee TOTAL 2141 100.0% SOURCE: http:// www. usaniagara. com/ UploadedFiles/ SenecaNi agaraCastnoEconomicimpactJune2O .pdf Notes: Slots will increase by 343 machines 16#able games Incremental employment gains in other categories will be based upon slot expansion *N /A - - these categories are either not applicable to this casino due its small size or are centralized. So no additional em ployment opportunities at this casino site "Planned casino will go from an existing "snack bar" to a 100 seat restaurant. Industry averages would indicate that an increase of 40 additional employees overthe current staffing levels of the snack bar would be reasonably accurate. TABLE #2 (Projections for proposed Buffalo Creek Casino) # OF ADDITIONAL EMPLOYEES % TABLE GAMES (+16) 92 51% SLOTS.44343) 17. 10% FINANCE* N/A MARKETING* N/A ADMINISTRATION* N/A INFO TECHNOLOGY 2 1 % FOOD & BEVERAGE ** 40 22% RETAIL* N /A PROPERTY OPERATIONS 13 7% TRANSPORTATION* N/A SECURITY 16 9% TOTAL JOB GROWTH 190 140% Notes: Slots will increase by 343 machines 16#able games Incremental employment gains in other categories will be based upon slot expansion *N /A - - these categories are either not applicable to this casino due its small size or are centralized. So no additional em ployment opportunities at this casino site "Planned casino will go from an existing "snack bar" to a 100 seat restaurant. Industry averages would indicate that an increase of 40 additional employees overthe current staffing levels of the snack bar would be reasonably accurate. TABLE #2 (Projections for proposed Buffalo Creek Casino) AVERAGE EXPECTED REVENUE /MACHINE /DAY $200 EXPECTED.:SLOT REVENUE / YEAR FOR SGC. ADDITIONAL MACHINES INSTALLED 343 EXPECTED AMOUNT GAMBLED ON SLOTS ,, # OF DAYS / YEAR OPEN 365 PER YEAR EXPECTED AMOUNT GAMBLED ON SLOTS $312,937,500 1 o'° EXPECTED AMOUNT KEPT BY SGC $25,03%000 8% WAGERED AMOUNT RETURNED TO GAMBLER $287,949,500 92% * "Average Expected Revenue /Machine /Day" is a normalized average from SEC reports. Based upon the machines keeping an average of 8% of each dollar that enters them. *Expected Amount Kept by SGC = 343 slots X $200 revenue /day /slot X 365 days *Expected Amount Gambled on Slots is the total amount of money that must enter all machines in a year which yields the $25,039,000 of revenue that the SGC will make when the "Keep" is set at S% of each dollar wagered (which it is). TABLE #4 !i roc n := �riai ?5T _(�'ITY" .itEllENl3E !YEAR. -RAS _.lioditS n StOtS . EXP:ECTED.5L0E REVENUE /YEAR $ 5R.j4E�t1,D ©© EXPECTED.:SLOT REVENUE / YEAR FOR SGC. % RETURNED TO BUFFALO 6;25& EXPECTED AMOUNT GAMBLED ON SLOTS ,, "HOST CITY"- PAYMENT 0 60 : PER YEAR `Expected slot revenue per year = 800 slots X $200 /day X 365 days *6.25% Return to Buffalo = 25% of $58,400,000 to Albany and 25% of that returned to Buffalo TABLE #5 SUMMARY -BASED ON EXPANDED CASINO (800 MACHINES) EXPECTED.:SLOT REVENUE / YEAR FOR SGC. .. 58,400,000 EXPECTED AMOUNT GAMBLED ON SLOTS ,, $730,000,000 EXPECTED INCREMENTAL JOB:GROWTH DUE TO CONSTRUCTION "HOST CITY" PAYMENT EXPECTED /YEAR AFTER EXPANSION 3,650,000 0. HOST CITY PAYMENTS Cl1RRENTLY IN ARREARS (APPROXIMATE) . 9,000,000. HOST CITY PAYMENTS THAT WILL BE OWED OVER 10 YEARS* 45500,000 x`$45,500,000 = $9,000,000 currently owed + 10 years at $3,650,000 /year (36,500,000) Please note that all numbers in this report are based upon data originally released by the SGC either in past SEC reports or through the report prepared for USA Niagara Development Corporation in June 2005: Q 0 0 3') G/ 0 1 IfV C r o Date: Tuesday, September 25, 2012 To: Michael Locurto �( From: Dave Bradley Subject: Gambling Joints and Buffalo, 2012 Currently there is a national, very uninformed economics debate with respect to "Takers and Makers ", as if so much of our economy can be broken down into those two categories. This also fails to note that consumers and producers have to be matched with respect to "money flow"— that is, someone or some entity that is a producer in one aspect is also a consumer in some other aspect, and almost invariably, production of something (goods or service) requires the consumption of stuff (goods and/or services). In many ways, this balance forms the basis of a stable or unstable economy, and Europe is now the poster child of this. If a nation (like Germany) exports more than others /imports less stuff and this situation persists over a long time, eventually the consumer country will export all of their money and no longer be able import goods, while the producer country will no longer have a market for their products, and they, too will undergo an economic collapse until the situation gets balanced, if possible. However, gambling is another situation altogether. In this economic system, the House (e.g. Seneca Indian Casino gambling joints), takes a cut of around 20% of the money ON AVERAGE) that the suckers (gamblers) "gamble" in these facilities. It is a license to print money, as many of the gamblers have a mental illness which is neuro - chemically identical to methamphetamine and cocaine addition — an imbalance in the dopamine based behavior modification process that rewards humans for certain activities. Some humans are more prone to this than others. It is just a statistical fact that the combination of sounds and lights coupled to money (or the POSSIBILITY of getting money) will stimulate a Pavlovian response until all the money to gamble with is depleted. The afflicted human then has to go and get more money by any means possible — the things like drug dealing, embezzlement, fraud, prostitution, mugging, bribery, loan sharking, insurance arson and the selling of political/business /social favors are all well documented activities of some gamblers in need of their fix. And so is money laundering, which takes advantage of gambling facility's ability to turn anonymous cash into legitimate income. In the book "The�oney and the Power — The Making of Las Vegas and It's Hold on America, 1947 - 2000" by Sally Denton and Roger Morris, money laundering of the proceeds of fraud, drug sales, arms trafficking, human trafficking and other illegal activities in Las Vegas is documented. Much of this laundering was allowed by the U.S. government at the time, as another percentage of the profits were used by the CIA and other government sponsored operations to create massive illegal slush -funds — for example, the Laotian war (1965 -1975) was funded almost entirely off of opium transport fees from farms to processing labs and the eventual import of refined product (heroin) to Vietnam (for American GI's) and into America. Much of the drug related crime waves arise from the combination of prohibition (driving prices up) and the ability to launder this money into banks via casinos, racetracks, and other cash based economic activities. The criminals lose a cut of their profits (— 20 %) that are laundered, but the result is "clean money ", and since the profits on each transaction is often more than 50 %, a 20% fee is 34 just considered the cost of doing business. For the Gambling House owner, this just gets treated as more income "hovered up" (the vacuum cleaner analogy) which can then be siphoned off (legally) to "elsewhere" from the host community as owner profits. For the community where the drug profits are extracted from, the effect is similar to just having more gambling addicts, in that money is exported from the host community for a fleeting dopamine rush that gambling/drugs provides. Unfortunately, the dopamine reward system requires ever more stimulus (higher dosages, greater risks), as the goal of this reward system is to reward novel experiences and adaptations, and the lack of this dopamine reward is very unpleasant/painful (and part of the reward system) to the addict. Unfortunately, there is a limit to these (the available pool of money and resources that can be stolen/swindled/embezzled, for example); like a trout afflicted with a lamprey parasite, eventually the host succumbs, and the parasite has to find of a new host. In Buffalo, the system would work like this. There are a large number of "regulars' — for example, gambling addicts who can "maintain" a sort of equilibrium who only throw away about 20% of their social security income on the casino. And then there would be people paid to gamble in small amounts but for large amounts of times — in other words, they get the average return (for every $100 gambled, $80 gets returned). They then spend this money in businesses owned or controlled by criminals, or hand over what they retuned with to their "employers ". In this way, illicit profits (from drugs, prostitution, loan sharking) can get washed. Some of the gambling addicts can also be "tapped" via loans from loan sharks to gamblers, so that gamblers can continue to get their fix. In some cases (Macao, Las Vegas, Atlantic City), large amounts of "out of region" tourists /gamblers provide an injection of money to a location. Even after the Gambling House owners have extracted their cut of the action, a region would appear to be experiencing net wealth and net income generation, though the marks (gamblers) are in general more impoverished afterwards than if they just went on a regular vacation. But in the case of the Buffalo gambling joint, this is rare; most "customers" are local gambling addicts or those who make a living laundering the proceeds of other illicit activities. The 20% "House Cut" is then removed from our region, and only a small fraction of that is ever spent locally. Add this to the money extracted by the activities that need the laundering, and this just makes regional impoverishment of MOSTLY poor people even more of a problem than it otherwise would be. Some of this could have been mitigated by selling the street purchased by the Seneca's at a level sufficient to mitigate the social and economic damage caused by gambling and money laundering — for example, $200 million in cash. But few ever claim that the Brown Administration are the best and the brightest when it comes to business. And that "opportunity ship" has sailed. Instead, we see the same rapacious business model which has so dreadfully helped to impoverish/maintain the impoverishment of most Native Americans imposed on the poor of Buffalo and surrounding areas. It is time to put a stop to this stupidity, especially since the pittance in fees that the City of Buffalo was supposed to get (their part of the "Governmental Skim" akin to the "Mob Skim" in Vegas) is missing in action. Time to shut off the water and sewer access, and if needed, tear up the access roads. No use in perpetuating a FAIL that is casino gambling in 2 Buffalo. It won't make up for the damage done to date, but it is a stab at some modicum of redemption for leaders who messed up bad several years ago. Presumably, there have been significant profits abstracted by the owners of these casinos, and that should permit the use of these in real wealth creating activities for the Seneca. But it appears that most of the Seneca tribe have little to show for this, though some individual Seneca's have no doubt done very well. Macroeconomically speaking, corporate casino gambling transfers money from lower income people to upper income people, leaving things like increased impoverishment, family destruction, alcoholism, drug addiction and fraud/embezzlement as the long term effect. But this is statistical in nature (most get screwed, a few benefit, effects vary by individual and community) and often diffuse, easy to hide. And because the profits to wealthy owners from gambling, just like prostitution and illicit drug sales of addictive substances, cannot be matched by real wealth creating activities (for example, renewable energy systems manufacture, or energy sales from Seneca lands) on a short term basis, all decisions on investments get warped to this socially destructive (for most) arrangement. In effect, just like the gambling addicts, casino owners are also addicted to this system, though it is really hard to empathize with these empathy -free (a definition of a psychopath) wealth extractors. The removal of the "Blue Shack Blight" in Buffalo is a first step towards a "recovery ", much like Alcoholics Anonymous has employed. If you want to get out of a hole (community impoverishment), the "Rule of Holes" solution is to STOP DIGGING. For an ethanol junkie, that means stop drinking. For a city like Buffalo, that means to stop exporting money that, on average, gets you nothing but shiny flashing lights coupled to sounds and all done at frequencies that have been proven to stimulate recurring behavior (as in feed the slots) in numerous gambling industry sponsored R & D studies. But, maybe Stupid is addictive, too. The proof will be if this "Blue Shack Blight" is stopped by cutting off access to the sewer, water and roads; if it is not, it would look like Stupid reigns supreme, especially among what passes for the leadership (governmental, social, financial, business and all that money buys so as to perpetuate this leadership) class in Buffalo. The "Gambling in Buffalo" experiment has been done, and, like trickle down economics and the Laffer Curve, this failed to provide community enrichment, and instead has magnified community impoverishment. But some have made out like bandits, even if they do seem to only have one arm. We shall see if they have purchased or rented at a high enough price the local governmental leadership that maintains their steady fix of money, and whether the claim by the rock group Devo applies — that we are now undergoing "de- evolution ", and devolving to a society that is aimed towards making the world a worse place for most, and not evolving to a better one for most. David Bradley 93 Flower Street, Buffalo, NY 14214 Tantalum73 ,verizon.net File = bwag092512a.doe .�3EFERRED TO O ON COMMUNITY DEVEL 3 PPG ■■■■■■ Board of Directors Karima Amin Aaron Bartley Allison Duwe Rahwa Ghirmatzion Stephen Halpern Nestor Hernandez Sean Lora- Hetzner Gary Earl Ross Policy Fellow Anthony Armstrong Staff Lou Jean Fleron co- Director Sam Magavern co- Diracrar _ Megan Connelly Director of Programs and Development - ■ ■ ■ ■ ■ ■ 000A- () �p PARTNERSHIP FOR THE PUBLIC GOOD Statement in Support of Rescinding the Casino Contract September 25, 2012 The Partnership for the Public Good (PPG) unites 118 community groups working to build a better western New York. Each year, our partners vote on their top ten policy priorities. For 2012, one of the top priorities included this statement: The City of Buffalo should monitor and enforce its contracts with the Seneca Nation and /or Seneca Gaining Corporation, and, in the event of non - compliance, should rescind the contracts. We support the recission of the contract for the following reasons: • The Gaming Corporation has violated almost every provision of the contract. o It has not spent $1.7 million per year marketing the casino outside the region as a "package with other attractions in the City." o It is not using the site design it promised to the City, which included a pond, a creek, extensive plantings, and no. surface parking lots. o It has not made annual reports to the City on its local and minority hiring or on its marketing. o In the contract, the Corporation declared its intent to hire one thousand workers, of whom 25% would be minorities, with a preference for city residents, but recently the Corporation has said it plans to hire only 500 people. • The Casino will never be a tourist destination. What the Corporation promised the City was a tourist destination. Now it is clearer than ever that such a tourist destination is impossible: the Corporation is not planning for it and cannot plan for it. What the Corporation is delivering is an urban convenience casino in one of the poorest neighborhoods of one of the poorest cities in the nation. Given the tremendous competition from other casinos in more tourist - oriented destination, that is plainly the only business model that makes sense for the Corporation and the only one it will pursue.. • The Casino is illegal. Judge Skretny has twice ruled in favor of the plaintiffs in the litigation on this issue, and we expect that he will do so a third time. Because the casino is illegal, the City's contract with the Corporation cannot be implemented and should be declared void. Federal law simply does not permit casino gambling on this type of off - reservation land. 237 Main Street, Suite 1200, Buffalo NY 14203 ■ 716.852.4191 x117 2 www.ppgbuffzilo.org. ��. 2 .. Casino gambling exacerbates poverty. People with low incomes, people with limited education, and members of minorities are among those at the highest risk for problem and pathological gambling. The closer and more convenient the casino, the higher the rates of addictive gambling. The casino is located in census tract 164, with a 2010 poverty rate of 45.8°/x. Nearby tracts include 71.02, with a 2010 poverty rate of 62.5% -- the very highest in the region. Casino gambling causes expensive social harms. Recent headlines in western New York have included a housing counselor stealing from clients, a lawyer embezzling from clients, and a mother stealing from her son's cancer fund -- all to support casino gambling addictions. These crimes are just the tip of the iceberg in terms of the devastating costs that casino gambling imposes on society. • Casinos do not create jobs; they kill them. Every dollar spent at a slot machine is a dollar that would otherwise be spent going to a sports game, eating dinner out, buying a new car, paying the rent or mortgage, etc. A big hall full of slot machines requires very little labor when compared to other ways that people spend their money in a local economy. Thus, casinos destroy far more jobs than they create. Because they are free from many state and local taxes and regulations, and because they can operate all their businesses other than gambling as loss - leaders, casinos have many unfair advantages over local businesses. A quick trip to Niagara Falls proves the point that casinos destroy other businesses; they do not aid them. For all of these reasons, we respectfully ask the City of Buffalo to declare the contract null and void, to take back the land that it sold under the contract, to cease providing services to the casino, and to seek to be made whole for the damages the City has suffered. Respectfully Submitted, Sam Magavern Co- Director Partnership for the Public Good REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. '-V Irv- IZ, y ~ 4, 3 , -<( -.z � 0 - -t.. I- . 'l, ���U ���� � \�} ���� �� ��9� erE � 5 F i i low � ... i Al a ` .F 1 t� .. .., r 7 7 C FU ON STREET Pk h Lo P PARK AVENUE �i R � y „� ,... .� :►.w t'°"'° ....,1 '�, y g F R! t} X' ��i �b� +��s✓t°� :� e G., �S u_ r 1 r•� � r tiw th iY 1 1 t � a' i 0004 IN SENATE Fiftieth Session Undergraduate Student Association 9/19/2012 O UTION 9002 E: Canisius College Student Pedestrian Safety Protection Plan AUTHOR: PLEWINSKI SPONSORS: SAVOY, GRAVES & SALEEB PURPOSE: To implement the City of Buffalo to create a crosswalk at the intersection of Jefferson Avenue and Hughes Street and put up neon green colored hazard signs notifying drivers that they are entering a school zone and to be more vigilant of pedestrians. WHEREAS it is the position of the members of the Undergraduate Student Association that members of the general student body face a signif cant risk of being gravely injured by drivers while walking to and from class on a daily basis. Specifically the intersection of Jefferson Avenue and Hughes street, there is a high traffic area in which at certain points in the day can have as many as one hundred Canisius Students crossing the: street to points including Science Hall, Parking Garage, Health & Science Building and the facilities at the Koessler Athletic. Center: WHEREAS it is also the position of the members of the Undergraduate Student Association that the public roadways in and around the campus of Canisius College should have road signs on the road. The members of the Undergraduate Student Association are in agreement that a collection of these fluorescent yellow hazard signs be placed around the Campus public roads alerting drivers of the presence of.students in and around the roadways. WHEREAS it is the position of the members of the Undergraduate Student Association that putting these preventative measures in place will significantly reduce the risk of a student being. . .... . .... gravely injured in a public roadway. Therefore BE IT RESOLVED that the members of the Undergraduate Student Association are unanimously in support of requesting and working with the City of Buffalo to implement these preventative and safety precautions to protect the members of the general student body while transitioning across public roads and the campus of Canisius College on this date 145 session. IT IS RESOLVED. Speaker of the Senate, Eric Hammer REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 0004 l ufo August 2012 Last week, Niagara District Council member David Rivera was interviewed by WBEN radio, after attending the hastily planned press conference by Governor Cuomo announcing the latest plans for the Peace Bridge Expansion project. How do I even begin to explain why our Councilman has capitulated to the arm twisting of Governor Cuomo and fallen on the sword of the Public Bridge Authority. He's agreed to give away our streets ( Busti Avenue at Vermont, Rhode Island & Massachusetts) without even asking what the legal implications are in exchange for $2 million dollars - a bargain basement price for prime historic waterfront access to a world class Olmsted park. Where's the public input on a decision that will forever change the footprint of this pre -civil war community and public land people will never have access to again? Once the streets and land are acquired by the PBA, they will be surrounded by 20 foot'perimeter walls', barbed wire, access roads and ramps owned and operated by a Bi- National bridge authority never again to be part of a residential landscape. Rivera said with conviction that he believed there would be enough votes from his colleagues on the Council to seal the Busti Avenue street deal. Has he spent as much time educating others about the poisonous air produced by 4,000 diesel trucks a day passing through the neighborhood and the health costs associated with toxic diesel related illnesses? Do they know that the PBA plans to stage truck traffic even deeper into the neighborhood by building a Duty Free store right in the heart of Prospect Hill? Has he mentioned that all vehicles (thousands entering the US plaza every day), will be forced fed through the neighborhood onto an elevated road and eventually onto a series of flyover ramps leading to the Peace Bridge? Shouldn't Rivera be concerned about how this will impact air quality for the next 100 years before he talks others into supporting the Busti Avenue right -away vote? For years, Rivera has done next to nothing to address the blighted condition of the historic Episcopal Church Home and Hutchinson Chapel. Never once has he or his staff showed up in Housing Court to address the importance of preserving this 100 year old community landmark. Instead, he has relied on the passion of community residents to protest, patrol, and indict the actions of the owners who are waiting to cash out on the backs of the tax payer - a $15 million dollar bailout that goes directly into the pockets of corporate fat cats. Where is his outrage over corporate greed at the expense of tax payers? Then there's the Rivera mantra about his unproven theory on how to mitigate air quality; DEC air monitors. A plan that is too little, too late because it has already been done by independent experts and it's still toxic. Epidemiologist and Pulmonologist, Jamson Lwebuga Mukasa and his esteem colleagues from Harvard and Kalieda have been monitoring air toxins around the Peace Bridge for over a decade. If that data had been used by Rivera it would be the Peace Bridge Plaza that would be bulldozed over and buried not Busti Avenue. Jack Foran, Artvoice has written extensively on this and so has John Duke. There is so much wrong with Rivera's comments but this one knocked me over. Rivera brought up the reason why commercial truck traffic cannot be diverted to the Lewiston Queen bridge - Because New York State said "no" - really? The PBA owns the bridge. It is a bi- national entity. Half the bridge is controlled by Canada. New York State has no legal jurisdiction over diverting truck traffic from the Peace Bridge to the LQ bridge. But it doesn't mean it can't be done. In a 2000 study, the Niagara Falls Bridge Commission demonstrated how commercial traffic from the Peace Bridge could be diverted to the LQ bridge for 20 + years. And that was before more than $500 million dollars in capacity expansion improvements were completed to the LQ plaza in 2010. If it wasn't possible, it wouldn't have been proposed 12 years ago! 36 If diverting truck traffic from the Peace Bridge wasn't a viable alternative, we would have heard it from the PBA long ago. Instead, it's the politicians who say it can't be done. - hardly reason enough. At a series of recent meetings with the Mayor, Rivera and Governor Cuomo's senior staff several of us were warned by Mayor Brown that we were not allowed to discuss 'moving the trucks. No explanation. Just a gag order from the Governor. If it isn't possible, then why not tell us the reason? What are they afraid of? Rivera could be bold and write to the GSA, Customs and Border Protection and tell them to stop working at the Peace Bridge Plaza until the government starts obeying their own laws. It's been done before. In 2003 Customs withheld services from the Ambassador Bridge in Detroit after a legal dispute with the private owner. CBP refused to staff several new inspection booths until a compromise was reached. As a federal agency, the GSA is obligated to comply with NEPA even if the PBA refuses. The law is the law. Rivera would have legal standing if he chose to pursue it - but he didn't. As Councilman of the District that will suffer the greatest environmental and health impact, Rivera has never demanded an environmental review study which is required by federal, state and City regulations. Why? Because it would be the final nail in the coffin of any expansion. So all the other excuses he uses as to why he signed onto Cuomo's mandate to fast track the project which is primarily all about the Duty Free store were motivated by politics not the facts, and certainly not because he is putting the health and welfare of residents first. Rivera has numerous options to stop the project but why won't he? • Demand to see the expansion and Duty Free plans, Why is thin air worth $17 million dollars? No Plan No eamement! • Demand an environmental review. No EIS No agreement! • Demand that environmental studies conducted by medical researchers Mukasa - Spengler be reviewed, discussed and weighted before any more decisions are made. The studies are peer reviewed by the prestigious HEI and recognized by the national environmental, medical and scientific community. • Demand that the World Health Organization's (W.H.O.) classification of diesel fumes as a carcinogen that causes lung cancer be enforced. No enforcement No A.areement! • Demand that Gov. Cuomo follow the orders of his boss at the White House, President Barack Obama, who just last month pledged to close the racial and ethnic gap on childhood asthma. The west side is a text book model for the President's mandate. • Demand that NEPA, SEQRA, and CERA are enforced. No enforcement No Agreement! • Demand that federal and state transportation law (4f) which adversely impacts historic resources be enforced. No enforcement No Agreement! • Demand that City land mark properties be protected without another blade of grass being touched since the criteria for city land marking is dictated by the United States Department of Interior. No enforcement No Agreement! • Demand open talks with Niagara Falls Bridge Commission regarding the shift in commercial traffic. Is a residential area the right place to stage freight processing? No talks No Agreement! • Aggressively pursue the steps outlined by the Partnership for Public Good and the Common Council to merge the authorities into a single revenue sharing entity. Being an 'urban doormat' for trucks passing through the city heading to other locations isn't an economic benefit for Buffalo. Shoppers and sports fans come by car. • Educate the Public - Host informational sessions in several different languages so that all west side residents can understand the impact of what will happen to their environment, health and quality of life. Every resident has the right to know. No Public Input No Agreement! eement! The Federal Child Abuse Prevention and Treatment Act define child abuse at the very minimum as an "act or failure to act which presents an imminent risk of serious harm to a child." L ` In my opinion that makes every elected official who signs onto this slippery deal complicit in harming our children. Dr. Mukasa compares the Peace Bridge Expansion project to a human experiment because 'The Peace Bridge plaza expansion on Buffalo's west side involves open ended exposure of pregnant women, children and adults to inhaled truck diesel particulates when the full health impacts of such exposure are unknown at the present time. "Why would Rivera choose to ignore this warning? Public service is a privilege not an entitlement and certainly not an opportunity to feather one's own nest. Whether it's Rivera, the Mayor or the Governor, we shouldn't let them get away with what they are planning to do on the West Side. Residents have suffered long enough. Elected officials not only have to be held accountable for words and deeds, but held to a higher standard period! They should be asking the PBA if what they are doing now or in the future is harmful to residents before they do it. Otherwise, we are exposing generations of children to a senseless future of potential health problems. What kind of society are we if we allow the health of innocent children to become booty for greedy corporations and political agendas? Kathy Mecca, President Columbus Parkway Association Buffalo, NY September 15, 2012 Dear Mayor Brown, 00043 A r3kIP�GD Why did it take a news reporter to get you to respond to a health and safety problem west side residents brought to your attention months ago? http:llwww,wgrz.com/news/article/l 81984/37]Cit - Review - Possible Truck - Infractions Several of us sat across from you and Sam Hoyt (Councilman David Rivera) last spring discussing our concerns over the PBA's 2011 wide -load program which increased over size vehicle usage at the Peace Bridge. We expressed alarm that these multi -ton vehicles were passing by several elementary schools and heavy pedestrian areas - more than 8 per day. You took notes. We sent you photos. You asked Corporate Counsel Tim Ball to look into it. We talked about why the PBA would exacerbate the air quality issues by increasing resident's exposure to diesel exhaust, a known carcinogen. Months have passed without any news from your office. But we did learn from a press conference with Governor Cuomo that you, Mr. Rivera and other elected officials support the truck plaza expansion, new duty free store and giving away west side streets to a public authority. A decision that places politics above people. You know the truth. You acknowledged our suffering. Until you as our leader step up and commit to the only solution; to stop commercial truck traffic from crossing at the Peace Bridge, the people, your people, will continue to suffer. Sincerely, Kathy Mecca, President Columbus Park Association 4. is 31 Ga AJC�vR- A -s S r VIA- 0IU M 64JT A L September 20, 2012 rcA tie To: Assemblyman Sean Ryan I am fed up and disgusted by this political double standard. Are you? Ryan press conference here: WBFO posted a link! http:l /n eves. wbfo. org /post /lawmake r -fea rs -p roposed-gas - stati on - too clGservcree k 1MP 'i G A Nk's "�P-) Why is Sean Ryan asking the state to conduct an environmental impact study of Tops Market gas pump proposal when he refuses to ask the same for the Peace Bridge Project - a far more intrusive environmental project than a few gas pumps? Instead of following State SEQRA law, Ryan asked for DEC air monitors 6 months before the Gov. announced he was aggressively driving the expansion forward. Coincidence? I think not. Ryan knows that air monitors are not a substitute for an environmental impact study but chooses to follow the marching orders of political bosses. Ryan supports air monitoring as an effective tool for the massive Peace Bridge project which will tell residents after the expansion if this logistical trucking complex is harmful to human health, while Tops Market has to undergo the rigors of an EIS before they can install gas pumps. What hypocrisy! Ryan is a public servant sworn to protect the rights of everyone in his district. The law is the law for everyone regardless of where they live. Where do you stand in sending a message to Assemblyman Ryan that his position on the Peace Bridge Expansion is just plain wrong? RyanS @assembly. state. ny.us Best regards, Kathy Mecca 984 -4218 REFERRED TO THE C ORMUTTEE ON COMMUNITY DEVELOP E T. 000 r, � -n�_ r-con e . „) SITE PLAN OR ZONING REFERRAL TO COUNTY OF ERIE, N.Y. AND REPLY TO MUNICIPALITY Do NOT WRITE IN THIS SPACE Note: Please complete in triplicate. Send original and one copy (with attachments) to Erie County Division of Planning, Room 103, 95 Franklin Street. Buffalo, N.Y. 14202 Retain last copy for your files. Case No.: 7 - ' 1 49 Received: C�i C 2: 1 P °" The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that if no reply is received in 30 days after receipt of full information including a SEAR EAF if applicable, the municipal agency may take final action without considering such reply. If however, reply is received at any time prior to municpal action, such reply must be considered. Description of Proposed Action 1. Name of Municipality: 2. Hearing Schedule: Date Tim ' Location � A ��Q / l L 511( 3. Action is before: Legislative Body Board of Appeals ® Planning Board 4. Action consists of: New Ordinance �ezone/Map Change ❑ Ordinance Amendment D Site Plan . . [] Variance E] Special Use Permit ❑ Other 5, Location of Property: [3 Entire Municipality [] Specific as follows -392 ��+`��rvr Auc (LocutiorvSkcich Map Required) 6. Referral required as State or County Municipal boundary Farm Operation located in site is within 500' of Property /Institution an Agricultural District Expressway ❑ County Road State Highway Proposed State or County Road, Property, Building! Institution, or Drainageway 7. Proposed change or use (be specific): c 2 - 9. Submitted by: vF � (Mailing A$dress- Please include zip code) Reply to Municipality by Erie County Division of Planning Receipt of the above - described proposed action is acknowledged on the Division herewith submits its review and reply under the provisions of applicable state and 6C - al IW, based on the information submitted with this referral. 1 ❑ The proposed action is not subject to review under the law. 2. ❑ Form ZR -3, Comment on Proposed Action, is attached hereto. 3. []The proposed action is subject to review; the Division makes the recommendation shown on Form ZR -4, Recommendation on Proposed Action, which is attached hereto. 4. No recommendation; proposed action has been review and determined to be of 77 I cone rn. By the Division of Planning: Date: Z 1, ECD A (Rev. 12/95) REff.,RRED TO THE COMMITTEE ON LEGISLATION- 8. Other remarks: (ID #, SBL #, etch / t7 0913012012 23;04 E � I MICHA P. KEARNS Assomdlyman 145 District 7168261347 ASSEMBLY SCHROEDER PAGE 02102 0004 "a T ASSEMBLY TATIE OF NE W YO R K y�a ALBANY In these toug h financial times the Great Recession has hit homeowners extrein.ely hard. Many fartzilies r ow face foreclosure on their home because of the loss of jobs. Governor Andrew Cuomo, the New York Mate Department of Financial, Services and Assambl.yrnember 114ichael P. Kearns (questions please call (71 826 -0152) are offering help to nm:any of these homeowners through a;mob.ile foreclosure relief unit, which will be vis.itirlg Buffalo on Thursday, October 18, 20J2. WRO: New York State Department of Financial Services W ith Assemblymember Michael P. Kearns announces - WHAT: HELP to those homeowners facing foreclosure. WHERE: Cazenovia Resource Center 155 Cazenovia Street Buffalo, NY 14210 (Between Abbott and Seneca Street) WHEN: Thursday, October 18, 2012 from 10 a.m. to 4:00 p.m. Homeowners in danger of foreclosure may call the Foreclosure Relief Hotline at: 1 -800. 269 -0990, or visit the Help for Hoir)eowners section of our website. The Foreclosure Relief Unit can: • Provide information on available federal programs Answer inquiries about the foreclosure process +� Assist homeoumers in their efforts to obtain loan modifications and. gather relief Tape complaints from aggrieved homeowners and seep resolutions with banks and mortgage servicers 'Website: lttp: / /www y. o r�.sumer /£ore t�c��ef ut,,it -htm REFERRED TO THE I : 1 ` EE LBA op 431 ISlaVVIO 0111tH Building, Albany, New York 12248- Sig- 455 -7691 O COMMUNITY( EEL 899enacastreat,8uSlelo ,Ny14210.71C�82S.8182 IC: kaArnSPr{46aaempJy, „}6te -ny.us DEMONS A. SMITH MAJORITY LEADER MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1414 BUFFALO, NY 14202 - 3318 PHONE: 851-5145 • FAX: 851 -5443 E -mail: dsmith @city- buffalo.com Website: http: / /www.city- buffalo.com Qu04 COMIR1011 Council CITY OF BUFrAEO OFFICE OF MAJORITY LEADER sAY y e 5 � September 25, 2012 Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo NY 14202 Re: Say Yes to Education Dear Mr- Chwalinski: CHAIRMAN BUDGET EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT FINANCE RULES SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MEMBER JOINT SCHOOLS CONSTRUCTION BOARD LEGISLATIVE ASSISTANTS NIKITA FORTUNE FRANK GARLAND Please file the attached notice of information from David Rust regarding Say Yes to Education for the next Common Council meeting scheduled for Tuesday, October 2, 2012. Thank you for your attention to this matter. J ly yours, Demone A. Smith Majority Leader Masten District Council Member DAS /kdp RE AND FILE 3� 25 Year Track Record: Cohort R &D to City -wide Strategy • a *� 6 • More than 72 percent of the cohort completed. a postsecondary degree program Half these students receiving a four -year bachelors (BA or BS) degree cc-->V0 Say Yes Buffalo - An Overview . ........ .... . . . . . . ... ... .. .. ........... ... School 3 Em Collaborative Governance Structure � COMIWIUNITV's Say Yes to Teachers Task Force Community Mobilization Task Force Community Based Organization Task Force w Health .and Wellness Task Force siness c Force 0 Higher Birth to S Education Task Force Task Force { C Free Legal Services No Cost 1. Low Cost Health Care Family Support Services Review 1 Support Core Instructional Programming Extended Day l Year Program onal nent rict Building a Say Yes School Say Yes College Grants 1 Scholarships ■ ■ ■ ■ ■ ■ ■ 03 .c MR CL U) 0 ME 9 ��, Bryant & Sta ton Cvlk — ` PMONA EDUCA'nON LM M Suss.• SiNa 1854 P.erui IJ±iVERsiTYnr?FNI NSMANIA El Ice Over $11 million in private and public scholarships supports Higher Education Compact institutions 11 Students are now attending over 60 different Say Yes >'A �. 13 What Does SYTE -CTG Look Like in a School? Integr +Parent/F Advocac *Mental Health *Community linkages 'Social Services Site Faoiiitator G °or��n��r •Tutoring /M encoring *Enrichment Opportunities •After - school Programming *Juvenile Justice fi�k m r�A . A jC r �3 } OX n ]1 n `t 111 ' r�l� PETITIONS October 2, 2012 0004 S G. Clernenti, Agent, Use 715 Elmwood, Establish Restaurant and Out Door Cafe (Del)(hrg 1019) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 4c) OFFICE OF THE CITY CLERK GERALD A. CHWALINSKi City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CAS TRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics r ��� 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 Floor, City Hall On: -- - - - ��n ' A& Lr a�M� at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. l !4 10 (Agent /Owner) Print Name �P'000' ✓ C k hl -f " A , Phone o�2 /-0 5 r a�� 7l° Date /Z ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo USE Building Application 65'Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 ( C6 1 Report Date 09/14/2012 04:07 PM Submitted By Mike Castro Page 1 AIP # 185379 Date 1 Time By Date I Time By Processed 09/14/2012 15:52 CASTM Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name MD Description of Work * "Plans required Council approval required — Hearing & fee required to establish use of a restaurant in the Elmwood Ave Special District (C -1) with an Outdoor Cafe (survey and sketch required). Contact Gerald 563 -2976 Parent AIP # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 715 ELMWOOD BUFFALO NY 14222- Location Contact ID AC1229359 Mailing Address 230 NORTH ST City BUFFALO ZIPIPC 14201 Day Phone Fax Occupant N From Contact ID AC219756 Mailing Address 230 NORTH ST City BUFFALO ZIPIPC 14201 Day Phone Fax Occupant N From Contact ID AC52674 Mailing Address 230 NORTH ST. City BUFFALO ZIPIPC . 14201 Day Phone Fax Occupant N From Name MYRON A ROBBINS To Name ROBBINS MYRON A To Name ROBBINS,MYRON A To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 02122!2005 To 05!0612007 Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 11/30/1987 To Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 09/14/2012 04:07 PM Submitted By Mike Castro Page 2 No Addresses are linked to this Application No Addresses are linked to this Application 1003000001047000 No Parcels are linked to this Application No Applicant Contacts 000000 SBU AC12792 OWNER OF PROPERTY 111111 MEL AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections inspections Successful Check Reviews Reviews Failed 600194 ELECTRICAL PLAN REVIEW REQ'D Incomplete 600195 ELMWOOD ELMWOOD VILLAGE DISTRICT Incomplete 600196 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 600197 PLAN REV PLAN REVIEW REQUIRED Incomplete 600198 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete 600199 SEWER SEWER PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Success #ul Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 118556 APPLICATION FEE A 25.00 Total Unpaid 25.00 Total Paid 0.00 City of_Bujalo USE Building Application 65 Niagara Square Buffalo, NY 14202 1 (716)851 -4949 Fax (716)851 -5472 Report date 09/14/2012 04:07 PM Submitted By Mike Castro Page 3 There are no Inspections for this Report 600194 ELECTRICAL 0 N 091141201215:52 600195 ELMWOOD 0 N 09114120121.5:52 600196 FPLAN 0 N 091141201215:52 600197 PLAN REV 0 N 09/14/2012 15:52 600196 PPLAN 0 N 09/141201215:52 600199 SEWER 0 N 09/14/201215 :52 Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Modified By CASTM Modified Date/Time 09/14/2012 15:51 Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ®'Building Code Review ❑ Citywide Site Plan Submission Check ® Sewer Code Review ® Plumbing Code Review ® Electrical Code Review Q HVAC (Mechanical) Code Review Q Elevator Code Review ® Fire Code Review MD OK CASTM N Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC /Mech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 091141201215:52 CASTM 091141201215 :51 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report Date 09/14/2012 04:07 PM Submitted By Mike Ca stro Page 4 9- ) BUFFALO MANAGEMENT GROUP 230 NORTH STREET BUFFALO, NEw YORK 1 4201 716-883-3600 September 14, 2012 City of Buffalo Common Council City Hall Buffalo, NY 14243 Re: 715 Elmwood Avenue Ground level commercial space Gentlemen: I am the owner of the above referenced property. I am authorizing Gerald Clementi to be my representative with the City of Buffalo in researching and effecting adjusted variances as it relates to the correct restaurant use of this space. Previous restaurants that occupied this space are as follows- Chou Chocolat April 1, 2011— May 31, 2013 Quaker Bonnet January 1, 1984 — August 15, 1991 Very ly yours, Myron A. Robbins Buffalo Management Group M� i" 9 "DITION TO THIS vj NAUTHOHIZEfl F BEC ION OR . N DOC E NOTE. U VIOIATION OF SECTION i 209 PFIOVISION 2 OF THE "�•� ME NT VSA YO 7 RK SAT E E llGATION I.A CLEVELAND AVENUE ( g6,p' WIDE) I I 0 U7 m J c7 Y u Ir ca I 4 � ED C7 J Isf UTILITY POLE 4 I50.0' FENCE CUR' tn° ENC - FEN E 0.4 N. _ h ! FENCE COR. ONC..��.. FENCE COR, I r s — FENCE F!1 CONC. p,3` N I O.7 E wo , g } S w W TSs�1' —06 g7r;3iGrr a �� T Z 7� L 0 SA W POLE O L E © `� � 4• 4 r.` `�+ „j` ['Ci'F4 �„ r i , w .2 1 N o UTILITY 1 3 O 14r V l (1 0 10 �• C � h Y POLE � s`j7 n 1 tm� ti a� Frc. r UTILITY METAL SHE . 0 D - - „.. , A '�+�• GAR• °A $ 41ivk F-'Jx 4'� C - y I O . _..., I CO(i. CONC. CURB e g a COR. CON O.S. N t�1 FENCE 0.32 H• fl• ., 0.2 E 150.0 L99 T _ I.O` W$pE CONC. CURB 8 WALL WITH HI(3.H WOOD FENCE PARALLE L / �.- m n� 1 p WEST FERRY STREET ( 400.0r WIOE }. . I HEREBY GERTIFY 1'0: TITLE CORPORATION A r n w n u ^_ ••' MONROE ABSTRACT ANO THAT THIS SURVEY WAS- PREPARED IN 00049 E.J. Gibbons, Agent, Use 420 Hopkins to Erect 2 & 3. Story Frame Senior Apt Bldg (South)(hrg 1019) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD 0� 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 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5439 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: *1 M At To be held in the Council Chamber, 13 Floor, City Hall On: at 2:00 PM 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. Print Name Date q11 Z C�ibl� Phone# JAS 2-3 2-5300 4 ems `"' Y'5_1-sl1'� ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD, '� 851 -5085 FOR PLANNING BOARD MEETING city of. Buff 110 �. - , GC Building Application } 65 Niagara Square Buffalo, NY 14202 U ! (716)851 -4949 Fax(716)851 -5472 Report Date 09/24/2012 02:02 PM Submitted By DAVID GRUNDY Pagel A/P # 185944 Date I Time By Date I Time By Processed 09/20/2012 09:03 GRUND Temp COO Issued COO Final Expires Associated Info Valuation Type of Work # Plans 0 Declared Valuation 18000000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name �. kli?FC�tFIECUi_j1 SI= dQls511: 7 3 }; =.FO1 IVEW USIN COASgI� SPIAL ftEi/IEW.D157RfCT =_P,UBLIC HEARING i4ND FE _: REQUIRED '-BONING BOARD APPROVAL REQUIRED, SECTION 511 -44 A, FOR RESIDENTIAL USE ALLOWED IN A MANUFACTURING DISTRICT. ERECT A 2 3 STORY FRAME SENIORS' APARTMENT BUILDING. PLANS REQUIRED. CONTACT 15 JOE GIBBONS AT 1 565 232 -8300. Parent A/P # Project # project/Phase Name Phase # Size/Area Size Description Address 420 HOPKINS BUFFALO.NY 14220 - Location AKA 420, 380 HOPKINS AND 257, 259, 261 GERMANIA Contact ID AC291717 Name & SURETY CO Mailing Address 7715 LOCKPORT RD Organization City NIAGARA FALLS State /Province NY ZIPIPC 14304 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/21/1975 Contact ID AC264486 Name KULP WACO CORP Mailing Address 7715 LOCKPORT RD Organization City NIAGARA FALLS State /Province NY ZIPIPC 14304 Country USA Day Phone Evening Phone Mobile # Fax Occupant N From To Owner Y From 11/21/1975 Contact ID AG98178 Name & SURETY CO KULP WACO CORP Mailing Address 88 BEACON STB Organization City BUFFALO 5tatelProvince NY ZIPIPC 14220 -1162 Country USA - Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 ❑ foreign To ❑ Foreign To ❑ Foreign To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 09/24/2042 02:02 PM r No Addresses are linked �t, this Application No Addresses are linked to this Application No Other Addresses are associated to this 1330500002020000 No Parcels are linked to this Application Primary N Capacity APPL Effective Expire Name JOE GIBBONS Day Phone (585)232 -8300 x Eve Phone Pager PIN # Fax Mobile E -Wail Address 387 EAST MAIN ST ROCHESTER, NY 14604 -2197 USA Comments No Comments ALT MAILING INFO Owner Name Address city State - Zip Comments APPLICATION FEE Submitted By DAVID GRUNDY Vt; t unaing Application Page 2 Contact ID AC367099 Foreign Organization SWBA Position PRINCIPAL ARCHITECT Profession ❑ Use This Address for Billing Updated On 09/20/2012 Updated By GRUND P 09120/2012 09:29 50.00 City of'guffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 GC Building Application - Report Date 09/24/2012 02:02 PM FINE FEE U GC PLAN REVIEW - PERM 26+ UNITS U GC PMT, INSP, C OF O FEE +26 UNITS PERM U GC PMT,INSP,C OF 0 - INITIAL FEE U ZONING BOARD FEE P 09012012 09:28 Total Unpaid 10631.92 There are no Inspections for this Report 600860 ZONVARI 0 Incomplete ❑ 600907 CC APP 1 incomplete ❑ 09/21/2012 15:05 600638 SEWER 1 incomplete ❑ 09/20/2012 09:03 600639 BCODEREV 1 Incomplete ❑ 09/20/2012 09:03 600640 ASS COMB 1 incomplete ❑ 09/20/2012 09:03 500641 CITY WIDE 1 Incomplete ❑ 09/20/2012 09:03 600642 CURB 1 Incomplete ❑ 09120/2012 09:03 500643 FPLAN 1 Incomplete ❑ 09/20/2012 09:03 300644 PPLAN 1 Incomplete ❑ 09/20/2012 09:03 300645 ELECTRICAL 1 Incomplete ❑ 09/20/2012 09:03 300646 HPLAN 1 Incomplete ❑ 09/20/2012 09:03 300647 ELEVATORS 1 Incomplete ❑ 09/20/2012 09:03 TWO ELEVATORS BEING INSTALLED TO NEW BUILDING. Submitted By DAVID GRUNDY Page 3 Total Paid 0.00 4031.92 6400.00 200.00 75.00 125.00 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Daterrime 09/20/2012 08:55 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 09/24/2012 02: PM Submitted By DAVID GRUND GC Building Application Pa 4 PRIOR APPROVALS Bflo Arts Commission City Survey (con't) Permit Office ❑ Asbestos Abatement ❑ Arts Comm. Approval ❑ Subdivisions ❑ Asbestos Survey ❑ Special events ❑ Bond /Certified check ® Assessment Combination City Engineering Common Council ❑ Admin OfficelApts R4 [� First Insurances Check ❑ Public Works approval ® Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission) Lease showing Use for portable sign one year encroachment ❑ Encroachment ❑ CanopylMarquee ROW Q RodentfVermin Bait ❑ Sewer Retention ❑ Oversize Trucking Freestanding Sign [] Sewer/Water Cut ❑ Plumbers' Cuts ❑ Human Service Facility Q Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑Tree over 4" at 4' ❑ Restricted Use Permit Q Zoning /Use Check City Planning ❑ Other ❑ Thruway Sign approval. ® Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Preservation District C) Zoning Variance ❑ Urban Renewal Q S.E.Q.R.A. ❑Contiguous Check E) N.E.P.A. 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 Date/Time 09/20/2012 08:56 Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review Q Citywide Site Plan Submission Check ® Sewer Code Review ® Plumbing Code Review Electrical Code Review I� HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review No Conditions Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mull. Dwellings ❑ Revisions Req'd. for Bidg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAClMeoh. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau No Records for This Search Criteria City of'80 10 GC Building Application 65 Niagara Square. Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Q Report Date 09/24/2012 02:02 PM Submitted By DAVID GRUNUY Page 5 0 No. of Residential Units Lost ® Residential ❑ Work Without Permit (FINE) Debris: o No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner ❑ Truss Construction ® ELEVATORS Zoning Board of Appeals 09/20/201 2 1 0:18 You must fill out the custom form on activity detail if there is ELEVATOR work to be Building Construction: FRAME completed. H H H H 1111MM 13HUD IM ] INN D 51191 ................ M ........... — ........ ................... p M11111 -------------- ................... ........... ... ........... a a p p H -dh a; Lela °. A . ............. . .............. d: .. .......... .............. H nno a s ----------- H ............... . . . . . . . . . . . . . . ,dPe� v kvr DePaul Buffalo Apartments - Site Plan For New 125 Unit Apartment Building Hopkins Street. Buftle, New York ...... ... Scale: r=3a ....... I.... SWUR Project Number. 12335 • September 17. 2012 - q7 r-L-r-1 000 (1 S. Curtin, Agent, Use 3149 Main St to Erect 1 Story Addition and Alterations to a 2 Story Masonry Restaurant (Univ)(hrg 1019) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD am OFFICE OF THE CI TY 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 0� 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: Nl�A" -�d To be held in the Council Chamber, 13` Floor, City Hall On: .'1� I a•. at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above.. (Age Owner Print Name caultue k C-0;J " Phone # - 74 , ?'` J - 3f/ 5-- 7 Date r1ir1VIR111L PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5885 FOR PLANNING BOARD MEETING City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716 )851 -5472 Report Date 09/26/2012 11:46 AM Submitted By FLD Page 1 A/P # 186349 Date / Time By Date / Time By Processed 09/25/2012 14:27 DIGEF Temp COO Issued COO Final Expires ssogLgtod I nformation Type of Work # Plans 3 Declared Valuation 40000,00 Dept of Commerce # Pages 7 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ** *COMMON COUNCIL APPROVAL AFTER A PUBLIC HEARING REQUIRED TO EXPAND A RESTRICTED USE IN THE TRANSIT STATION SPECIAL ZONING DISTRCT** *PLANS FILED * ** ERECT A 1 STORY MASONRY ADDITION AND ALTERATIONS TO BOTH FLOORS OF A 2 STORY MASONRY RESTAURANT. Project # Project/Phase Name Phase # Size /Area Size Description Address 3149 MAIN BUFFALO NY 14214- Location Contact ID AC1219953 Mailing Address City 3151 MAIN ST ZIP/PC 14214 Day Phone Fax Occupant N From Contact ID AC212569 Mailing Address 3151 MAIN ST City BUFFALO ZIP/PC 14214 Day Phone Fax Occupant N From Contact ID AC22512 Mailing Address 3151 MAIN ST City BUFFALO ZIP/PC 14214 Day Phone (716)838 -0478 x Fax Occupant N From Name 3151 MAIN STREET INC No Addresses are linked to this Application Organization State /Province BUFFALO NY Country ❑ Foreign Evening Phone Mobile # To Owner Y From 0212212005. To 05/06/2007 Name 3151 MAIN STREET INC Organization State/Province NY Country USA ❑ Foreign Evening Phone Mobile # To Owner Y From 01/31/1995 To Name SAMUEL T CURTIN Organization 3151 MAIN ST INC State/Province NY Country USA ❑ Foreign Evening Phone Mobile # Tp Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 091261201211:46 AM Submitted By FLD Page 2 No Addresses are linked to this Application No Other Addresses are associated to this Application 0796200002022100 No Parcels are linked to this Application No Applicant Contacts Primary Y P 091251201214:45 Capacity Type FINE FEE Effective 0.00 Expire P 0912512012 14:45 Contact ID OWNER GC PMT, INSP, C OF O FEE - ASSEMBLY Name OWNERiTENANT Phone U Fax Address (SEE UNDER APPLICANT) Comments OWNERIAPPLICANT: TUCKER CURTAIN 983 -3515 000000 SBU AC12792 OWNER OF PROPERTY 111111 MEL AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HINT AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE(PLANS) ($50.00) GC PLAN REVIEW - ASSEMBLY ($75.00) GC PMT, INSP, C OF 0 FEE - ASSEMBLY ($18.00) GC FMT,INSP,C OF O - INITIAL FEE ($200.00) Check Inspections Check Reviews 601179 BCODEREV #1 BUILDING CODE REVIEW 601341 CC APP #1 COMMON COUNCIL APPROVAL REQ'D 601182 ELECTRICAL 41 PLAN REVIEW REQ'D 601183 ELEVATORS #1 - CONVEYANCES BEING REMOVED? 601180 FPLAN #1 FIRE PREVENTION PLAN REVIEWREQ 601181 PPLAN #1 - PLUMBING PLAN REVIEW REQUIRED Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Fees Failed Paid Paid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successful 0 APPLICATION FEE(PLANS) P 091251201214:45 50.00 FINE FEE U 0.00 GC PLAN REVIEW - ASSEMBLY P 0912512012 14:45 75.00 GC PMT, INSP, C OF O FEE - ASSEMBLY U 18.00 GC PMT,INSP,C OF 0 - INITIAL FEE U 200.00 City 9f Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fox(716)851 -5472 Report Date 09/26/2012 91:46 AM Submitted By FLD Page 3 There are no Inspections for this Report 601341 CC APP 1 Incomplete ❑ X 0912612012 10:32 601179 BCODEREV 1 Incomplete ❑ 091251201214:27 601180 FPLAN 1 Incomplete ❑ 09125/201214:27 601181 PPLAN I Incomplete ❑ 09125/2012 14:27 601182 ELECTRICAL 1 Incomplete ❑ 091251201214:27 601183 ELEVATORS 1 Incomplete ❑ 091251201214:27 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Modified By digef Modified Date/Time 09/26/2012 10:31 Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events ❑ Assessment Combination ❑ First Insurances Check Common Council City Engineering ❑ Admin OfficelApts R4 ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Encroachment ❑ Canopy/Marquee ROW ❑ Oversize Trucking ❑ Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ New Water Supply ❑ N.E.P.A. City Survey ❑ Address Permit Law Office . ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held Detail 2. PLAN REVIEWS Comments No Comments Permit Office '0 Asbestos Abatement ❑ Asbestos Survey ❑ BondlCertified check ❑ Assessment Combination ❑ First Insurances Check ❑ Public Works approval ❑ Notarized Permission/ for portable sign one year Lease showing Use ❑ RodentlVermin Bait encroachment ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Simple Demolition ❑ Telecomrnunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention Modified By digef Modified Date/Time 09/25/2012 14:27 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (718)851 -4949 Fax (716)851 -5472 Report Date 09/26/2012 11:46 AM Submitted By FLD Pag 4 PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ® Plumbing Code Review ® Electrical Code Review ❑ NVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review No Conditions There is no planning condition for this project. No Records for This Search Criteria Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for MVACIMach. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner 0 Truss Construction ELEVATORS ❑ Zoning Board of Appeals You must fill out the custom form on activity detail if there is ELEVATOR work to be completed. Building Construction: A 300.00 Y There are no Items in this list City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4849 Fax(716)851 -5472 l Report Date 09/26/201 1 1:46 AM Submitted By FLD Page 5 No Employee Entries No Log Entries i 0005:x_ J. Bacy, Agent, Use 2001 Elmwood -Free Standing Sign (North)(no hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �c� THE ATTACHED PERMIT.IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. NAME OF AGENT /OWNER /PHONE# ADDRESS PROJECT City of Buffalo 65 Magara Square Buffalo, IVY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/20/2012 01:52 PM AIP # 186046 Submitted By DAVID KRUG SIGNS Building Application r /1_ Page 1 Date! Time By Date ! Time By Processed 09/20/2012 13:52 KRUGD Temp COO Issued COO Final Expires Associated Information Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name 1100criptmon of Work COMMON COUNCIL APPROVAL REQ. (SEC. 387 -19 ON FREE STANDING SIGNS) NO PUBLIC HEARING -NO FEE FOR C.C. ERECT AN ILLUM GROUND SIGN "ID" FOR AUTOZONE. PLANS REQ. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 2001 ELMWOOD BUFFALO NY 14216- Location ❑ Foreign ❑ Foreign ❑ Foreign Contact ID AC16619 Name E.C.I.D.A. Mailing Address 570 DELAWARE AVE Organization City BUFFALO State /Province NY ZIPIPC 14202 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To owner Y From 05/28/2000 To 05/06/2007 Contact ID AC318587 Name E.C.I.D.A. Mailing Address 3300 ENTERPRISE PKWY Organization City BEACHWOOD State /Province OH ZIPIPC 44122 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 03/03/1998 To Contact ID AC1214067 Name CIO BUFFALO- ELMWOOD ASSOC E.C.I.D.A. Mailing Address DEVELOPERE DIVERSIFIED RE Organization City 3300 ENTERPRISE PKWY State /Province BEACHWOOD OH ZIPIPC 44122 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 94202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/20/2012 01:52 PM No Addresses are linked to this Application. No Addresses are linked to this Application 0785300002002112 No Parcels are linked to this Application No Applicant Contacts SIGNS Building Application Submitted By DAVID KRUG Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid SIGN PERMIT FEE ($56.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Invalid License(s) License Not Found SBU Check Children Status Children Successful Check Open Cases 1 Case # 196865 APPLICATION FEE U 25.00 SIGN PERMIT FEE U 56.00 Total Unpaid 81.00 Total Paid 0.00 There are no Review Activities for this Report Page 2 No Activity Review Details City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 SIGNS Building Application r�. Report bate 09/20/2012 01:52 PM Submitted By DAVID KRUG Page 3 FOUNDATION, MASONRY BASE AND STEEL STUB PIPE PROVIDED BY OTHERS. SIGN CABINET ONLY, PROVIDED BY MAGNA SIGN INTERNATIONAL - - FLEx FACE ALUMINUM.SHEET SIGN FILLER PAINT GLOSS BLACK R6 2• -q• RED BRICK BASE � BY GENERAL CONTRACTOR i 1 i � O a ALUMINUM RETAINER ^� - PAINT GLOSS BLACK 3 m v - RED BRICK BASE GRADE - GRADE GRADE N 4 �{ STEEL PIPE COLUMN ,� 4 1/2 O.D. X 1/4 THIC o i0' - 4' PROVIDED AND INSTALLED BY OTHERS. - Ln n CONCRETE FOOTING ELECTRICAL I y/ � REINFORCING BARS 2-0' !-- 2' -6' AUGEREO FOUNDATION - 2' -0" DIA. X 5' -0" DEEP MASONRY BASE/PIPE PRONGED AND INSTALLED BY OTHERS. ELEVATION END VIEW CONCRETE SHALL ATTAIN - - - ' A 28 DAY STRENGTH - - - fc= 2500 PS .. AMPS 012 MRGnR FOUNDATION, MASONRY BASE AND STEEL Sign IntemafiOnal This sign is intended to be installed in accordance with the requirements of STUB PIPE PROVIDED BY OTHERS. - � - u4 �c . UMNM 1, u 2wn . F% EWA tm 3= Article 600 of the National Electrical Code and/or other appl[wble loco[ codes. SIGN CABINET ONLY, PROVIDED BY MAGNA SIGN INTERNATIONAL This includes proper grounding and .r. bonding of the sign, 313 M a' QM NaNUUENT INSTAUA710N ALL AVMZ0NE t 9D mph 6/7/2ot2 wno:r ■xr�aoc Dime na e .s •x Aa.o _ _ Gaon 0 o o °� W :w ®wPa mi u:.� m mo w Pr _ ma • m v ir .z row mom Ip �' p rr, fa a i s.L o:1 T ED �WT6. I �Q � , I ii " �f ff Ps 1 °sr , .a_wn. dam. �: w�. � nrv�iPn+�mr...we.mP..emsrmasaaai f � � f �.. e.Kne- nndi_..8 asses •.n..wnora �ww s�Aw w �;.. 7 -8001— 7'L'i 8lJR - Pr ®Tax PROJECT LOCATION' - eme mmnr, sru[ oT xnP mrH AUTO MW PROJ��iW�IiE,S iROIeLi T'/PE: PRELIMINARY r W. moo— SHEET 2 OF 2 .w=— ALTA/ACSM LAND 717LE SURVEY ir III' II II Ik II II u ... � - - T 1 1! [f S a LL � I t I I II ^ ^ SCALE: 1"= 26' = =zr n-- , -W. 0005 B. Bernatozicz, Agent, Use 1975 Main St for 2 Ground Signs (Mas)(no hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 5S NAME O AGENT WNER /PHONE# ADDRESS PROJECT 53L q3e�7 THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. 1� ._C2 -la co(nc-� 1 Z- C S- Iq City of Buffalo SIGNS Building Application (--ANiagara Square cn ' Buffalo, NY 14202 [� (716)851 -4949 Fax (716)851 -5472 Q Report Date 09/27/2012 02:53 PM Submitted By DAVID GRUNDY Page 1 AIP # 186461 Processed Issued Final Date 1 Time By Temp COO COO Expires Date I Time By Associated Information -Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name COMMON' COUNCIL APPROVAL REQUIRED, SECTION 387-19, FOR FREESTANDING SIGNS, NO HEARING, NO FEET ERECT 2 GROUND SIGNS TO A CORNER FOR A UNIVERSITY. _ .. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 1975 MAIN BUFFALO NY 14208- Location Contact ID AC1227971 Mailing Address City 2001 MAIN ST ZIPIPC 14201 Day Phone Fax Occupant N From Contact ID AC1232921 Mailing Address 2001 MAIN ST City BUFFALO ZIPIPC 14208 Day Phone (716)888 -2250 x Fax Occupant N From Contact ID AC30496 Mailing Address 2001 MAIN ST City BUFFALO ZIPIPC 14201 Day Phone Fax Occupant N From Name CANISIUS COLLEGE No Addresses are linked to this Application Organization State /Province BUFFALO NY Country ❑ Foreign Evening Phone Mobile # To Owner Y From 02/22/2005 To 05/06/2007 Name CANISIUS COLLEGE Organization CANISIUS COLLEGE State /Province NY Country USA ❑ Foreign Evening Phone Mobile # To Owner Y From 12128/1982 To Name CANISIUS COLLEGE Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # To Owner Y From 05/28/2000 To 05/06/2007 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 09/27/2012 02:53 PM Submitted By DAVID G RUND Y P age 2 No Addresses are linked to this Application MEMEMMEM No Other Addresses are associated to this Application Total Unpaid 0.00 There are no Inspection for this Report No Activity Review Details No Conditions No Records for This Search Criteria ❑ Work Done by Owner FLAT FEES NO. TYPE OF SIGN SIZE(S) ❑ Zoning Board of Appeals ❑ Work Without Permit (FINE) TOTALSQ.FT. HEIGHT 0 0.0 = 0 0.0 0 0 = 0 0 0 SIGNS Building Application Total Paid 0.00 0 Pole Sign 0 Ground Sign 0 wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign ❑ Zoning Board of Appeals ❑ Work Without Permit (FINE) TOTALSQ.FT. HEIGHT 0 0.0 = 0 0.0 0 0 = 0 0 0 SIGNS Building Application Total Paid 0.00 city Buffalo SIGNS Building Application �.tM Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 09/27/2012 02:53 PM Submitted By DAVID GRUNDY Page 3 � IM G_2243 IMO-2246 Watiarl TBD (Qty. 2) 40" I ' Mounbng Note: Main Sign -: bit" above ground, 37" below grade Jefferson Sign 49" above ground, 48" below grade 3" Deep Fabricated Aluminum Box Panel with Inbound 3" Square Posts Background Painted SC -805 Dark Brown (SP) Outlined logo Artwork a "Courtyard" typestyle: today Sans Regular, Tracking +40 VPS 5013 Satin Aluminum (SFP) Mounted Direct Embed 48" in Soil Side B Scale: 1" = 24" � 2957 Alt Blvd. Gland Island, NY 14072 Project, Client: Science Half Donor Recognition Program canisius College 9 Product Code-, 36390 DESIGN DltftUPIN7 716.775.4104 - slgnage 1AIMV40J)s 716.775.3329 fax vewmasisignage.ea a Start Date: 05,11.2412 v P Revised: 08.16.2412 V P tCQ Iwaie Fish w 9 r! F3 at S: EiF!, h� mg x�aEtirsaY•,'!tead :sloe L G ,q @ nx 'g ear^ !Fie L!iz a xx^.se'F rri F k. mp *j x rc x'.,��cea r M:vb n! a3 Wn, . ry 3 [ 12!� Riev €ewed: 46.18.2412 a 3" Deep Fabricated Aluminum Box Panel with Inbound 3" Square Posts Background Painted SC -805 Dark Brown (SP) Outlined logo Artwork a "Courtyard" typestyle: today Sans Regular, Tracking +40 VPS 5013 Satin Aluminum (SFP) Mounted Direct Embed 48" in Soil Side B Scale: 1" = 24" REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) 00 051 Appoint Park Utility Worker (Prov)(3` Step)(Labarge)(PW) (C.C.P 924, Sept 18) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Civil Service G�' 00054 f I Appoint Senior Clerk (Prov)(4 Step)(Rice)(PW) (C.C.P 425, Sept 18) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Civil Service City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO FITWITZI W - Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 55 PASSED October 2 2012 Appoint Plumbing Inspector (Perm)(Inter)(Ogden)(EDPI) Gerald A Chwalinski City Clerk i i I OCT 1 5 2012 I I I o.:6 WV L 1 1301102 00055 Appoint Plumbing Inspector (Perm)(Inter)(Ogden)(EDPI) CCP #33, Sept 18 Mrs. Russell moved: That Communication 33 of September 18, 2012, be Received and Filed and that the Permanent appointment of Keith Ogden, 334 Downing, Buffalo 14220 stated above at the salary of $47,181.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 3 Y C * AYE * NO 0 FONTANA FRANCZYK * * >* * GOLOMSEK * LOCURTO * PRIDGEN * RIVERA RUSSELL SCANLON SMITH * Maj - 5 2/3- 6 3/4- 7 '� 000 Notices of Appointments Temp/Prov/Perm(Cty Clk) (C.C.P #39, Sept 1S) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Civil Service 4 �5 FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) 000 ), Annual Audit Plan- Fiscal Year 2011 -2012 (Comet) (C.C.P #10, July 26) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED r SP w � Recommended by the Committee on Finance 0005; Audit Report-Div of Comp & Benefits- Medical, Dental And Case Mn.gt Processing and Payment (Compt) (C.C.P 96, Jan 5) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance v 0005: Defibrillators in All Public Buildings (C.C.P #96, Jan 24) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance I\ 000' Expanded Citywide Electronic Communication System (Exc Res's) (C.C.P #91, Dee 13) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED D NA - _ . o" �. Recommended by the Committee on Finance r� D COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) C. Briggs- NYSDOT- Transfer of Maint. Jurisdiction of Portions of City Streets and Multi Use Paths in COB (C.C.P 441, Sept 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 0006` Contract Btwn Seneca Gaming & COB (LoCurto) (C.C.P. #119, Sept 18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted. Adopted. Recommended by the Committee on Community Development Chai man �'D LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) V 0 V G) 2 Corey Auerbach, Agent, Petition to Rezone 392 Kenmore Avenue (Univ) (Item No. 53, C.C.P., Sept. 18, 2012) That the Common Council of the City of Buffalo does hereby ordain as follows: That the part of the Zon' n Or ances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it re tes to e use map thereof be amended to show a "Cl" Commercial District rather than a "C- Com Ks392 ial District, "C -2" Commercial District and a "R -2" Residential District for the premise * own Kenmore Avenue, and more particularly described as follows: Parcel Zoned C -1: All that plot of j6nd situ e being part of Lot Nu rvey, er seventy Land Company's S bounded JG at the in the Cifv of described County of Erie en (11), Rangp of the outhwesterly line northwesterly Yhe of Sea e Avenuc (fo er County Cler s Office rider Cover Num northwester line Seattle Avenue, at angle poi ; ru g thence westerly c tinu bearing o N °26'0" W, a distance f 6.911 N 26 °37' W, a distance of 170.7 feet to a State of New York, t (8) of the Holland Avenue with the Emerson Street) shown on a map filed in the Erie 984, running then e southwesterly along the aring of S 63 °22' 0 "W, a distance of 109.28 feet to an g along the n rtherly line of said Seattle Avenue, at a to a a distance of 6.54 feet to a point; ence northea erly 96.86 feet to a point on the wes ine of said EngI o westerly line of said Englewo d Avenue, at a beari angle point; thence continui southeasterly along t bearing of S 26 °37'30" E, distance of 146.25 fe to Parcel Zoned C- All that plot being part of Lot NL Land Company's SL the wo (72y, Township and deAcribed as fo, nt running thence northerly at a bearing of northeasterl earing of N 7 °34'0" E, a bearin 63" '30" E, a distance of Ave ; tX"E,distance heasterly along the 9 °47'3 of 36.79 feet to an esterly linwood Avenue, at a point or ginning. ty of Erie, and State of New York, 1), Range eight (8) of the Holland BEGINNINQ�t4he intersectio of the sou westerly line of s ho nglewood Avenue with the northwesterly line of Seattle Avenue ormerly erson Street) as on E a map fled in Erie County Clerk's Office under Cover um /be n g on ,running thence south sterly al e northwesterly line of Seattle Aven , at a of S 63 °22'30" W, a dis nce 09.28 feet to and angle point; running thence weste y contalong the northerly line of d Seattle Avenue, at a bearing of N 82 °26'30" W, a disc nce of t to a point; running t ce northerly at a bearing of N 26 ° 37'30" W, a distance of 9 .67 feet t ue Point and Plac f Beginning; Thence westerly at al baring of 82 °26'0" W, a di ce of 320.53 feet to a point in the west line of Subdivision Lot No. 7p; runnin thence northerl ong the westerly lines of Subdivision Lots Numbers 73 & 8, Block "A'% Cover N ber 984, a earing of N 7 °43'0" E, a distance of 151.25 feet to a point 3.75 feet southerly from t me of Kenmore Avenue; thence easterly on a Iine parallel with the southerly line of Kenmore Avenue at 3.75 feet southerly therefrom, at a bearing of S 82 °26'0" E, a distance of 70.00 feet to the westerly line of Subdivision Lot No. 6, Block "A ", Cover 91 �J Number 984; thence southerly along, the we . e of said Lot No. 6, at a bearing of S 7 °43'0" W, a distance of 0.25 of a foot, to a point feet sou erly from the south line of Kenmore Avenue; thence easterly on a line parallel ' the southerl line of Kenmore Avenue and 4.0 feet southerly therefrom, at a bearing of S 6'0" E, a dicta e of 175,00 feet to the easterly line of Subdivision Lot No. 2, Block "A ", er Number 984; th ce northerly along the. easterly line of said Subdivision Lot No. , at bearing of N 7° E, a distance of 4.0 feet to the southerly line of Kenmore Avenu • ence sterly along e southerly line of said Kenmore Avenue, at a bearing of S 82 °26'0" E, a tance of 66. 5 feet to e intersection of the southerly line of Kenmore Avenue with the west line of Englewood A nue; ence southeasterly along the westerly line of Englewood Avenue, at a bearing of S 49 °4 0" , a distance of 51.50 feet to a point; thence southwesterly along a line at a bearing of S 63 0 22 1 30" . , a distance of 96.86 feet to a ; thence southeasterly along a ,line at a bearing of S 26 0 37'30" , a`distance of 80.09 feet e ru/Point and Place of Beginning. Parcel Zoned R -2: All that plot of la situated in Ci of Buffalo; ounty of Erie, and State of New York, being part of Lot numbe seventy- (72), To ns ip ele en (11), Range eight (8) of the Holland Land Company's Surve , boun and describe as fo ows: BEGINNING a—ie intersection of northwesterly line of Seattle Avenue (form County Clerk's Office under Cover Num e northwesterly line of Seattle Avenue, a a b angle point; running thence westerly ntin bearing of N 82 °26'0" W, a distanc of 6.9: continuing westerly along the no erly lin distance of 371.68 feet to a poin eing th kIz r sou westerly line of Englewood Avenue with the rly E e on Street) as shown on a map filed in the Erie 98 , runm g thence southwesterly along the ar' g of S 6 °22'30" W, a dista 9.28 feet to an i' g along the northerly li said Seattle Avenue, at a feet to the True Poi nd Place of Beginning; thence of said Seattle enue, at a bearing of N 82 °26'0" W, a outhwester corner of Subdivision Lot No. 73, Block "A ", Cover Number 984; /aring northerl along th esterly line of said Subdivision Lot No. 73, at a bearing of N 7 °43'0" E, nce of 7 AO f to a point; thence easterly along a line being parallel with said Seattle Sat a bearing of S 82 °26'0" E, a distance of 320.53 feet to a point; thence southeasterly at a b of S 26 °37'30" E, a Scauu cc of 90.67 fe t the True Point and Place of Beginning. Recommended by the Committee on Legislation C� L Chairman Approved as to Form Alan P. Gerstman Assistant Corporation Counsel Passed. TAwp60URP1C0UNC1L110 -2 -12 meeting\Committee\Rezone 392 Kenmore.docx On a motion by Mr. Smith The Public Hearing is Open 2nd by Mr. Franczyk. Appearances Beth Ann Falicker- Resident Corey Auerbach -On behalf of Applicant On a Motion by Mr. Smith 2 nd by Mr. Pridgen The hearing is closed Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 64 Food Store License(New) -366 Perry (Fill)(EDPI) PASSED October 2 2012 Gerald A Chwalinski City Clerk 3,17 f r r4s 1 L ° I OCT 1 5 2012 )R 1 10 :6 WV L 1 130 Z10Z 00061 Food Store License (New) — 366 Perry (Fill)(EDPI) (Item No. 30, C.C.P., Sept. 18, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgenmoved: . That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khalid M. Nagi d/b /a Harbor Deli located at 366 Perry. Passed. Recommended by the Committee on Legislation Oln i l l a PAI Chairman C:1 Usersl irocinskilAppDatalLoca llMicrosoft\Windows%Temporary Intemet Files\Content.Oatlook1OX32QV W6lfood store Iicense- new -366 Fe".docx J *AYE *NO * FONTANA * FRANCZYK * * >* GOLOMBEK * LOCURTO PREDGEN * RIVERA * RUSSELL SCANLON * SAUTH * Maj - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 65 PASSED October 2 2012 Second Hand Dealer -2259 Genesee St(Lov)(EDPI) 9 is OCT 1 5 2012 Gerald A Chwalinski City Clerk 10 =b WV i 1 100 Z 10Z MM � 110 0 1 A ti 0006 5 Second Hand Dealer — 2259 Genesee Street (Lov)(EDPI) (Item No. 32, C.C.P., Sept. 18, 2012) That the above be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Vanessa Moore d/b/a Net's Place, located at 2259 Genesee Street. Passed. Recommended by the Committee on Legislation Chairman 13 t t� *AYE *NO* * FONTANA * '� * FRANCZYK GOLOMBEK * LOCURTO * PRIDGEN RNERA RUSSELL SCANLON SMITH * * * Mstj - 5 2/3- 6 314- 7 00P) lr Golombek -E. Martina -West Side Air Quality and Toxins (C.C.P. #44, Sept 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation 0006 1-11 K. Mecca -NHL Locks out Players As Labor Agmt Expires -No More Congestion at Peace Bridge (C.C.P. #46, Sept 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation P4z- 0006; �j J. McDonald - Review of Air Quality and Asthma Issues at Peace Bridge Plaza (C.C.P. 447, Sept 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation \IJ I i o , City Clerk's Department BUFFALO October 10, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED October 2 2012 LL Intro #1 Amending Article 20 of the Charter With Respect to Four Year Financial Plans Gerald A Chwalinski City Clerk 0CT222012 +fJ b LL Intro #1-- Amending Article 20 of the Charter With Respect to Four Year Financial Plans (Item No. 117, C.C.P., Sept. 18, 2012) That the above item be, and the same hereby is, returned to the Common Council withe0 recommendation kkWA5kvA Mr. Pridgen moved: That Local Law Introductory Number 1, is hereby approved as filed for the October 2, 2012 meeting of the Common Council. Passed. Recommended by the Committee on Legislation Chairman CADocemants end SehingslclahnerlLocal SettingsUemporary Intemet FileAOMDEL Intro No I.doox * AYE * NO * Maj -5 2l3- 5 314- 7 * FONTANA * FRANCZYK * GOLOMSEK * LOCURTO * PRIDGEN * * RUSSELL SCANLON * SATH Maj -5 2l3- 5 314- 7 00111 CITY OF BUFFALO Local Law No. (2012) Introductory No. - r (2012) A LOCAL LAW amending Article 20 of the Charter of the City of Buffalo with respect to four- year financial plans BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section L Section 20 -3 of the charter of the city of Buffalo is hereby amended as follows: § 20 -3. Mayor's Budget. A. On or before the first day of May each year, the mayor shall submit to the council a budget containing a complete plan of proposed expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary: (a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately stating the estimates of expenditures necessary for school purposes and for all other purposes and stating in total the amount necessary to accomplish every separate function of each administrative unit or other purpose; (b) Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also under the revenue proposals, if any, M contained in the budget, and shall allocate separately the estimates of receipts to be credited for school purposes and for all other purposes; (c) The expenditures and receipts of the city during the last completed fiscal year; (d) Estimates of the expenditures and receipts of the city during the current fiscal year; (e) The balanced statements of the condition of the treasury at the end of the last completed fiscal year and the estimated condition of the treasury at the end of the current fiscal year; (f) All essential facts regarding the bonded and other indebtedness of the city; (g) Such other financial statements and data as in the mayor's judgment are necessary or desirable in order to make known in all practicable detail the financial condition of the city; (g) Any recommendations of the mayor to the council with respect to new sources of revenues; (h) For each separate function of each administrative unit or other purpose; i. an outline of the administrative organization for the performance of the function; ii. a summary of the expenditures, estimated fringe benefits and other unallocated indirect costs, and net cost or gain to the city of such function during the last two completed fiscal years, as estimated for the current fiscal year, and as budgeted for the ensuing fiscal year; a summary explanation of any major changes in revenues or expenditures and any non- recurring revenue or expenditure; iv. a summary of the objectives of such fi action during the ensuing fiscal year, the services to be provided to the residents or government of the city, and to the KA extent reasonably practicable the number of units and the unit cost of each such service. (h) A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year. B. Four -Year Financial Plan. In Mort of the mayor's budget and to assist the common_ council in its review as provided pursuant to this article,, commencing with the city's 2013 -2014 fiscal year and continuin in each subsequent fiscal year, the director of the bud eta shall prepare and submit to the ma or and to the common council a four-year financial plan. The financial plan shall contain actions sufficient to ensure with respect to the major operating funds for each fiscal year of the plan that annual aggregate operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for such fiscal year. The details of such plan shall be as further described in section 2032 of this article. §2. Section 20 -7 of the charter of the city of Buffalo is hereby amended as follows: 20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget and the four- ear financial Wan the mayor submits to the council. The comptroller shall o on the 3 sufficiency of the financial plan and whether it contains sufficient data to sLipport the outcomes projected. §3. Section 20 -17 of the charter of the city of Buffalo is hereby amended as follows: § 20 -17. Budget Monitoring. The director of the budget shall submit to the mayor and the council within 45 days of the close of the first, second and third fiscal quarters of the city's fiscal year a report: (a) summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget; (b) projecting, based on generally accepted accounting principles any material revenue and expenditure trends or other factors that the director reasonably believes may influence the city's finances, probable fiscal yearend results as compared to the budget; [and] (c) projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems appropriate to consider; and (d) updating Quarterly cash flow projections of receipts and disbursements which compare actual receipts and disbursements with the estimates contained in the cash flow proj ectio_ns, to &gther with variances and their ex lanation. Prior to submitting the report to the mayor and the council, the director shall submit a draft report to the comptroller for review and comment. if in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a statement describing such issue. All quarterlyMorts shall-be accompanied by recommendations from the ma or to the council setting forth My remedial action necessary to resolve M unfavorable budget variances including the overestimation of revenues and the underestimation of appropriations. 4 §4. Article 20 of the charter of the city of Buffalo is hereby amended by adding a new section 20 -32 thereto to read as follows: 2& 0 -32. Budget and Financial Plan. A. Pursuant to the procedures contained in this section, each year the director of the budget shall develop and from time to time modify, a four -year financial plan for all maL operating funds of the gAy wherein the first year of the financial plan will be the pLoposed budget as submitted on or before the first da. of each year. Each such financial plan and financial plan modification shall comply with the requirements of subdivision 2 of this section and shall conform to the following standards: (1) For each fiscal year, the city's budgets for all major operating funds covering all expenditures shall be prepared and balanced so that the results thereof would not show a deficit when reported in accordance with eg nerally accepted accounting principles and would permit coin arison of the budget with the report of actual financial results prepared in accordance with generally accepted accounting_ principles. For this purpose, unassigned fund balance existing at the end of the prior fiscal year can be used as a resource and shall not be considered a deficit under generally accepted accounting principles when calculating the deficit. Fund balance in excess of the unassigned amount from the most recently coin letn ed audited financials may not be used as a resource in the four-year Ian• . (2) The financial plan shall-include: {a) information related to projected employment levels collective bargaining agreements and other actions related to employee costs, and such other actions to ensure that there are provisions made for such obligations in the plan -, information related to recurring expenditures and contracted obligations for utilities services and supplies (c) information related all revenue_ estimates and an explanation of any significant deviations from prior year actual results (for this purpose, a significant deviation is defined as an amount excee& one percent Q%) of total revenues of the Seineral fund as re orted in the most recently completed audited_fmancials); (d) adequate reserves to maintain essential services in the event revenues have been overestimated or expenditures underestimated for _any period; and (e) adequate cash resources to meet its obligations, 3 The l2lan should include one year of cash flow projections of receipts and disbursements; (4) Provision shall be made for the payment in full of the scheduled debt service on all bonds and notes of the city due in the applicable fiscal years of the four-year plan, (5) All projections of revenues and expenditures contained in the financial plan shall be based on reasonable and appropriate assumptions and methods of estimation. All cash flow projections shall be based upon reasonable and appropriate assumptions as to sources and uses of cash including but not limited to the timin thereof), ereof), and shall provide for operations of the _city to be conducted within the cash resources so projected: (6). The amount of cash on hand at the beginning of any fiscal year shall be estimated in accordance with ara a h six of this subdivision but in no event shall it be less than two times the average monthly cash disbursements of the last _completed fiscal year: (7) In the event that the operations during the preceding fiscal year have created a negative unassi ed fund balance the first fiscal year included in an financial plan shall make rovision for the re a ent of My deficit incurred by the cily during the preceding fiscal year • If such deficit is in excess of two ggrcent 2% of the prior yeax real tax Ie a replenishment p lan covering the four years of the plan mgy be implemented if agreed Upon by the ma or coin troller and president of the common council• B. The powers, duties and obligations set forth in this section shall be subject to the powers, duties, and obli actions lay ced upon the City, by any state or local officer or agency, includinF4 but not limited to the Buffalo fiscal stabilily authojLq act while such act remains in effect. §S. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. §6. This local law shall take effect immediately. APPRQVEi -- $ TO FORM l x / '— TIMOTHY'A. BALL Corporation Counsel BY: ALAN P. GERSTMAN Assistant Corporation Counsel NOTE: Matter underlined is new, matter in [brackets] is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 70 PASSED October 2 2012 Disch Leg, CCP #46, 7124 Used Car Dealer 77 Sycamore Gerald A Chwalinski City Clerk APPROVED 10 - .6 WV L I 00 �8�10 00 G7-1i A 000'°' Used Car Dealer -- 77 Sycamore (Ell)(EDPI) (Item No. 121, C.C.P., Sept. 18, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Roger Regent dIb /a Unlimited Business, located at 77 Sycamore, upon the following conditions: MA � C�nc4 'ti cue• Passed. / W C.0 C Recommended by the Committee on Legislation Chairman C: 1UsersUrucinskilAppData \LocallMicrosoHSW indows\Temporary lntemet Files\Content.0utlaok \OX32QV W6\used car dealer -77 Sycamore.docx CITY OF BUFFALO COMMON COUNCIL DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1408 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -4980 . FAx: (716) 851 -6576 City of Buffalo Website: www.city- buffalo corn Ellicott District Website: www.buffatoellicottdistriet.com Used Car Dealer Conditions COMMITTEES CIVIL SERVICE FINANCE LEGISLATION SENIOR LEGISLATIVE ASSISTANT VERNEE W. SHAW 1. Cars must be clean, external and internal 2. During snow months, snow must be removed from the cars daily and area where cars displayed free from snow 3. No flag streamers 4. No inflatable animated characters 5. Professional permanent signage on the building, no handwritten signage in public view 6. Lot must be lit during hours of darkness when lot is open for business 7. All cars in the lot must be in working order and able to pass NYS inspection requirements 8. No junk cars in the front lot or viewable to the public. 9. No repairs outside of enclosed building 10. Limit of 12 cars for sale on front lot Ellicott District.... A Great Place To Work, Live and Enjoy. *AYE *NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL SCANLON * SAMTH * Maj -5 213- 6 3/4- 7 0007 =� J. Golombek- Articles Concerning Tow Trucks (C.C.P 447, May 15) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation U 0070 C. Kambar, Agent, Use 998 Broadway for a Ground Sign(Fill)(no pub hrg) (C.C.P 478, Nov 15)(C.C.P. #92,.Sept 6) Mr. Pridgen now moves tha e above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation �o Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 7'3 PASSED October 2 2012 Collector License (New)1902 Niagara (North)(EDPI) Gerald A Chwalinski City Clerk. _ S F• OCT 1 5 2012 CO '01 Wei � 1 !30 661 } 13 0" CIA -1 0007,E Collector License (EDPI) (Item No. 58, C.C.P., Sept. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 263 of the City Code to issue a Collector License to Jeffrey M. Meyers d/b /a Cascades Recovery US Inc., located at 3 84 Lee Road, Rochester, New York 14606. Passed. Recommended by the Committee on Legislation Chairman C:\ Usersl irueinski lAppDataSLocalWicrosoft\WindowsN Cemporary Internet Files\Content.Outlook1OX32Q V W6\Collector License.docx 1� * AYE *NO* * FONTANA FRANCZYK GOLOMREK * LOCURTO * PRIDGEN RPVERA * RUSSELL SCANLON * SAHTH * * * * Maj - S * '� 213- 6 3/4- 7 '� Food Store License (New) — 1902 Niagara (North)(EDPI) (Item No. 41, C.C.P., July 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: That the Commissioner f <Code nd Inspections Services is hereby authorized pursuant to Chapter 194 of the to issue a Food Store License to Ali M. Al Badri d/b /a Manar Islamic F ion t 1902 Niagara. P assed. Recommended by the Committee on Legislation Chairman C: IUsersU rucinskil AppDataS Local\MicrosofllWindows\Temporaq Internet File \Cnntent.Outiook \OX32QV WSlfoud store license- new -1402 NiagaraAm Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED SPECIAL COMMITTEE ON EDUCATION MR. SMITH 0007 N 91 L.P. Ciminelli -Bd Packet Documents Sept 2012 (C.C.P #42, Sept 18) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education 00M rb 0 D. Rust -Info Say Yes (C.C.P #49, Sept 18) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education z� 000 '7 4 )9 R. Fontana -L. Griffith - Concerns International School 445 (C.C.P #64, Sept 6) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education 5 RESOLUTIONS October 2, 2012 o w s RESOLUTION By: Mr. Fontana Re: Waiver of Fees for Boy Scout Troop #128 Whereas: The Boy Scouts of America help young men to grow and mature into respectable and responsible citizens; and Whereas: Boy Scout Troop #128 has served the youth of the Lovejoy District for many years; and Whereas: In recent years Troop #128 has held its weekly Thursday night meetings at the Machnica Community Center located at 1799 Clinton St. Whereas: Boy Scout Troop #128 is a not- for - profit group whose members constantly strive toward the betterment of themselves, the City of Buffalo, and the United States of America through hard work and community service. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all fees associated with the usage of the Machnica Center community meeting room for Boy Scout Troop #128 for their 2012 -2013 meeting season. Be It Further Resolved: That a copy of this resolution be forwarded.to Ms. Arlene Mustafa in the Department of Public Works Parks Division. Richard A. Fontana Council President 4 BY: MR. FRANaYK pvt Rt9g, &LL Kt .GOLo 2136KI Pkk)�c6 -0/ trr►f�,Sm z�N J RE: APPEAL COURT RULING TO RE -OPEN ILLEGAL DELIS 111 1, SCwr�.GUr­, 1, L- 6 Cv WHEREAS: For many years problem deli stores have plagued city neighborhood; and, WHEREAS: As long as twenty years ago, the Common Council Deli Task Force targeted bad deli stores, coordinating a concerted effort by the Buffalo Police, Inspections Department, United State Department of Immigration and Naturalization, Erie County Health Department, New York State Agriculture and Markets Department and other agencies to weed out stores destroying neighborhoods' quality of life by criminal and illegal activities or business practices; and, WHEREAS: The litany of problems from some of these stores include, but are not limited to, selling expired products, selling "loosie" and untaxed cigarettes, filthy conditions with rodents and vermin, selling drugs masquerading as candy, allowing thugs to congregate inside and outside the store, building code violations, buying and selling stolen goods; and, WHEREAS: The problem with some of these stores still plague Buffalo neighborhoods, and recently Buffalo Police launched "Operation Secret Shopper," aimed at flushing out deli owners and operators who buy and sell stolen goods; and, WHEREAS: Some of these stores have been reopened by New York State Supreme Court Order, including at least one store at 1069 Broadway, which does not even have a license to operate. That particular license was, in fact, denied by the Common Council for cause, in April 2012; and, WHEREAS: Since some of these stores have re- opened, crime has increased due to the direct and indirect negative influence of these stores, as has been reported in The Buffalo News in regards to 1069 Broadway, which is adjacent to the Matt Urban Center and playground. The Executive Director of the Matt Urban Center subsequently wrote a letter to Justice Timothy J. Walker, who ordered many of these stores re- opened, including the illegal store at 1069 Broadway; and, WHEREAS: Not all of the delis operate in a bad manner, and it is possible that some of those closed may operate in the future in an acceptable manner, yet others may be unreformable; NOW THEREFORE BE IT RESOLVED: That the Buffalo Police Department and City Inspections Department /Division of Licenses report on their progress on bringing delis stores into compliance, or keeping closed those stores that should not be allowed to be reopened because of a reoccurrence of repeated and persistent crimes, violations and abuses; and, BE IT FURTHER RESOLVED: That the city Corporation Counsels office report on what appeal(s) to State Supreme Court, if any, the city is initiating to ensure that the worst of these stores remain closed, thus removing what may, in fact, be criminal enterprises from operating with impunity in Buffalo neighborhoods. C�q V A. FRANCZYK ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION �1., The Buffalo News - breaking local news, sports, business, entertainment, weather and mu... Page 1 of 4 Wednesday September 26, 2012 The Buffalo News.com (A City &Region Deli next to playground returns as hive of danger BY: Lou Michel mailto:lmichel buffnews.com Published: September 21, 2o12, o6mo AM updated: September 21, 2012, o8:o2 PM The playground was intended as a safe haven and respite for young children in a hardscrabble neighborhood, but a nearby deli attracts unsavory visitors. Gang members allegedly smoke pot, engage in sex and gamble. They also sell drugs, intimidate people in the Broadway Fillmore neighborhood and refuse to leave when asked. Following the recent crackdown on deli merchants trafficking in stolen goods, Marlies A. Wesolowski called The Buffalo News to paint this ugly picture and blame the deli, which had been shut but was allowed to reopen. http:ll buffalonews. comlappslpbcs.dlll article? AID= /201209211CITYANDREGION /120929... 9/26/2012 John Hickey /Buffalo News Marlies A. Wesolowski, director of Lt. Col. Matt Urban Center, indicates bullet hole in door that she links to unsavory activities at adjacent deli. The Buffalo News - breaking local news, sports, business, entertainment, weather and mu... Page 2 of 4 V "The playground is for children 6 to 12 years of age, and they don't need to be witnesses to this kind of activity. These 2o- something young people congregate in the playground and on my front steps at the community center. I ask them to leave, and they refuse," said Wesolowski, executive director of the Lt. Col. Matt Urban Human Services Center. "They play craps in the playground, have sex, and I've actually seen drug deals go down. We had a young man bragging that he just sold a dime bag for $S." Last month, though, she thought the problems were gone in her neighborhood. A series of raids by a task force of law enforcement officials headed by Buffalo police closed down the deli at s.o6g Broadway, as well as many more like it throughout the city, for allegedly selling stolen goods they had purchased from thieves looking to make fast money to support their drug addictions. "The store was shut down about.a week. I will tell you, all of the nonsense disappeared. It was like heaven. There was no trash, no 20- somethings, and the playground was free and clear for parents and kids to use," Wesolowski said. The respite was short- lived. The Broadway Mart, next door to the playground, and others obtained a court order allowing them to reopen while criminal charges and other actions against them and their workers are pending. "I'm writing a letter to State Supreme Court Justice Timothy J. Walker asking him why he would allow a deli to reopen that doesn't even have a license to operate," Wesolowski said. Police officials confirmed that the deli lacked a city permit to operate when it was shut down. They also say that there are about 435 delis in the city and that most of them operate legally. Wesolowski, who applauded the raids, is not alone in her frustration with the judge. Residents and officials in other parts of the city have raised similar complaints against Walker, wondering why he would allow businesses that attract troublemakers to remain open. Telephone calls to the judge by The News on Thursday were not returned. Yet not everyone is displeased with the judge. Hassan Abdulah, a Broadway Mart worker, says that blaming the delis for problems with gangs is misguided. "I don't even know if they are gangs. We're outside all the time telling them, 'Move, move.' They are gone now. We don't know what they do. We have no control over their business. We stay out of their business," Abdulah said. Wesolowski disagrees that the gangs are gone but does not dispute that deli workers in general mind their own business. http:// buffhlonews .comlappslpbcs.dlllarticle ?AID= /201209211CITYANDREGION 1120929... 9/26/2012 The Buffalo News - breaking local news, sports, business, entertainment, weather and mu... Page 3 of 4 "That's true because they don't want to be robbed," she said. Workers at other delis along Broadway, stretching from the i000 to the 13oo block, say that they operate in a sometimes dangerous environment. "I've had a gun shoved in my face by a robber," a female deli worker said, her eyes widening at the recollection. As for young people congregating in front of delis, Marquis Jones, 20, offered insights as he stood in front of the Broadway Mart earlier this week. "I come here to chill. I do understand where is coming from, but a lot of people don't understand what is going on with why some people sell drugs. They sell because they have to for the money. They might not have parents, or their parents might be fiends, crackheads," Jones said, adding that he is not a gang member. "You would be surprised how many kids are out here by themselves." Wesolowski, who listened in on Jones' comments to The News, wasn't buying the explanation. She displayed a plastic baggie containing a brass slug from one of the bullets fired a few weeks ago in a drive -by shooting that wounded three people. The slug, she said, was dug out of a wooden door frame on the Playter Street side of the community center. Brick was also pockmarked from the shooting. "Just the other day, there was a teenage girl having sex on the slide in the playground while others were watching. It's all because the store is a magnet for this kind of activity," Wesolowski said. "I'm waiting for the detective to come by and collect the bullet." Five years ago, the playground replaced two vacant lots and was intended to improve the neighborhood. Local corporations, city officials and the United Way contributed about $goo,000 and free labor to make it happen, planting trees and shrubs, and installing cheerfully painted play equipment. Now, Wesolowski said, she serves as a guard to keep it safe. "I don't really want to go public. It's negative publicity," she said. "But if I don't go public, at some point, kids are going to get hurt. The 6- to 12 -year =olds who use the playground are going to get caught up in some nonsense." email: hnichel @buffnews.com ERROR: Object template ArlicleByline is missing! /t ,36 http : //buffalonews.comlappslpbes. dlll article ?AID = / 2012 09211CITYANDREGION / 12092 9... 9/26/2012 00 BY: MR. FRANCZYK RE: PREVENT CONCRETE CRUSHING WHEREAS: The City of Buffalo has expended thousands of hours of court time, energy and money fighting CTS rock crushing operation in the Seneca - Babcock community in recent years; and, WHEREAS: In 2003 the city approved a Seneca Babcock Urban Renewal Plan Amendment prohibiting those uses which destroy a residential neighborhood's quality of life, including rock or concrete crushing or solid waste transfer station; and, WHEREAS: The new Green Code should also reflect a prohibition to the above - mentioned and other deleterious uses; and, WHEREAS: The Peter. Battaglia Company at 1170 Seneca was prevented in recent months and years from operating a solid waste transfer station in the Seneca- Babcock neighborhood, which would have replicated the nightmare of the New York City garbage train fiasco in Buffalo; and, WHEREAS: The Peter Battaglia Company is and has been crushing concrete, greatly threatening the neighborhood with noise and clouds of dust, possibly interlaced with silica, which may contain asbestos, and, WHEREAS: Homeowners on Peabody Street have called about cracking walls in their homes due to trucks and the questionable construction of a massive earthen berm on the Battaglia property; and, WHEREAS: The proposed concrete crushing operation appears to be in violation of recent New York State Supreme Court rulings prohibiting the crushing of material not natural to the earth, as well as DEC regulations prohibiting crushing stone within 300 feet of a residential neighborhood, as well as possible violation of city ordinances. NOW THEREFORE BE IT RESOLVED: That the Common Council request the New York State Department of Environmental Conservation (DEC) to investigate the Battaglia property at 1170 Seneca Street to ascertain if any environmental rules or state law have been violated in relation to the crushing of concrete at that facility, and if the concrete contains materials dangerous to human health; and, BE IT FURTHER RESOLVED: That the Environmental Protection Agency (EPA) be alerted to this situation and asked to respond; and, BE IT FURTHER RESOLED: 41 That the city work to prevent any concrete crushing operation at the Battaglia facility; and, B$ IT FURTHER RESOLVED: That the City Law Department report to the Council on the Legglity of crushing cement in an M2 Zone at this location. BE IT FURTHER RESOLVED: That the Law Department, Department of Economic Development, Permits and Inspections, Planning Department and Public Works report to the Council on this issue as well as ensuring that no operation injurious to the people and property of the Seneca Babcock community be permitted; BE IT FINALLY RESOLVED: That the Common Council is opposed to the crushing of concrete, stone or rock on the Battaglia property at 1170 Seneca Street or anywhere else adjacent to a residential neighborhood. AVID A. FRANCZYK ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION 0 0 0 8 -i �0� Resolution RE: Participatory Budgeting in the City of Buffalo Sponsor: Councilmember Michael J. LoCurto Co- Sponsor: Councilmember David A. Rivera Whereas, In a time of widespread budget crises and plummeting trust in government, politicians and community members are searching for more democratic and accountable way to manage public money; and, Whereas, Participatory budgeting ( "PB ") is a democratic process in which community members directly decide how to spend part of a public budget; and, Whereas, Over 3,000 cities throughout the world use PB to determine a portion of their budgets; and, in 2009, Chicago became the first U.S city to try it, with New York City following their lead in early 2012; and, Whereas, Elected officials, community organizations, academics, and international institutions such as the United Nations and World Bank have declared PB a model for democratic government; and, Whereas, PB can make for better and more equitable decisions and uses of public money; and, Whereas, PB can develop an active, informed, and democratic citizenry by engaging and connecting community members with officials, staff and policy makers to determine the most effective uses of public funds; and, Whereas, PB is a multi -stage process that begins with gathering ideas from citizens, which can range from improving transportation, parks, schools and public safety to cleaning up the environment; and, Whereas, In many models, a group of delegates is selected to narrow down the ideas into a few projects that have a reasonable chance of being implemented and, finally, the best plans are placed on a ballot and citizens vote on their favorites; and, Whereas, In April 2012, 2,200 New York City residents in four districts voted to fund seven Capital projects that directly improve their quality -of -life while fostering an increased understanding of complex political issues and community needs; and, Whereas, PB can engender better trust and understanding of their local governments among its residents by helping to make government more accountable and efficient by allowing community members to decide spending priorities in public assemblies in a transparent fashion with fewer opportunities for corruption, waste and public backlash; and, Now, Therefore, Be it Resolved, That the Buffalo Common Council learn more about how Participatory Budgeting has been implemented in other cities by hosting a Participatory Budgeting Project meeting wit cted officials and other participants who have successfully used the process in their districts. •L ''„ :" DAVID A. RIVERA Delaware strict Councilmembek Niagara District Councilmember 5 �m SP ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON FINANCE City Clerk's Department BUFFALO October 5, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 82 PASSED October 2 2012 Disch Leg, CCP##66, 914 Rest Dance Class Renewal -936 Elmwood (Del)(EDPT) Gerald A Chwalinski City Clerk 0 C 1 5 2012 10 :6 WV L 1 130 1101 N8 �11 qTi ! By: Mr. Pridgen Re: Discharge Legislation Committee Item #66, C.C.P. Sept. 4, 2012 "Restaurant Dance License Renewal -936 Elmwood (Del) (EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 466, C.C.P. Sept. 4, 2012 "Restaurant Dance License Renewal - 936 Elmwood (Del) (EDPI)" and said item is now before the Common Council for its consideration. I apt, Darius G. Pridgen MOTION TO ADOPT DISCHARGE. MOTION TO APPROVE P_ ASSED * AYE * NO FONTANA FRANCZYK *. * GOLOMSEK LOCURTO * PRIDGEN * Mai -5 2/3- 6 3/4- 7 RIVERA RUSSELL * SCANLON * SMITH * * * * * ?� 1 Sponsor: Darius G. Pridgen 0®08? RESOLUTION Subject: Cat Licensing in the City of Buffalo Whereas: Recently, residents have noticed many stray cats in their neighborhoods. These cats have been mistreated by negligent owners and are now abandoned, malnourished, and living in unhealthy environments; and Whereas: Pet cats that are abandoned will not easily fend for themselves outdoors, most of these cats and their .offspring will suffer premature mortality from disease, starvation, or trauma. Also, many animal shelters have difficulty dealing with cats that are received, leading to their unfortunate euthanization; and Whereas: Licensing pet cats in the City of Buffalo will ensure that pet owners are more responsible for their cats and curb the ever - growing stray cat populations. A cat license will also help animal control staff identify the cat's owner and enable the return of wandering and loose cats; and Whereas: Many cities and counties throughout the nation are requiring cats to be licensed as a way to properly identify cat owners and curb the spread of human exposure to rabies because cats are more likely to come into contact with a rabid animal; and Whereas: Currently, the City of Buffalo has no laws that mandate the licensure of pet cats and therefore allow many negligent pet cat owners to abandon their pets when they no longer want the responsibility of caring for them; and Whereas: Pet cat licensing protects the safety of City residents and their pets, ensuring that cats are properly cared for and vaccinated against rabies and other diseases. Now, Therefore Be It Resolved: That the Common Council hereby requests the City of Buffalo Department of Law and the Director of the City of Buffalo Animal Shelter to advise the Council on legislation that will assist in the licensure of pet cats; and Now, Therefore Be It Resolved: That this resolution be sent to the Common Council Committee on Legislation for further review and discussion; and Be it Finally Resolved: That copies of this resolution be forwarded to the City of Buffalo Department of Law, the Department of Public Works, the Director of the City of Buffalo,lnirtta .,Shelter, and the Office of Ae City Clerd\ Darius G. Pridgen Ellicott District Council Member EFE ED l-Q- HE COMMITTEE N LEO ISLATIO N. 4a 00084 By: Mrs. Russell Re: Ordinance Amendment Chapter 511 - Zoning That the Common Council of the City of Buffalo does hereby ordain as follows: That the part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "Cl" Commercial District rather than a "C -1" Commercial District, "G2" Commercial District and a "R -2" Residential District for the premises known as 392 Kenmore Avenue, and more particularly described as follows: Parcel Zoned C -1: All that plot of land situated in the City of Buffalo, County of Erie and State of New York, being part of Lot Number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a bearing of S 63 °22'30 "W, a distance of 109.28 feet to an angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82 °26'0" W, a distance of 6.91 feet to a point; running thence northerly at a bearing of N 26 °37'30 "W, a distance of 170.76 feet to a point; thence northeasterly at a bearing of N 7 °34'0" E, a distance of 6.54 feet to a point; thence northeasterly at a bearing of N 63 °22'30" E, a distance of 96.86 feet to a point on the west line of said Englewood Avenue; thence southeasterly along the westerly line of said Englewood Avenue, at a bearing of S 49 °47'3 WE, a distance of 36.79 feet to an angle point; thence continuing southeasterly along the westerly line of Englewood Avenue, at a bearing of S 26 °37'30" E, a distance of 146.25 feet to the point or place of beginning. Parcel Zoned C -2: A0 2 All that plot of land situated in the City of Buffalo, County of Eric, and State of New York, being part of Lot Number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a bearing of S 63 °22'30" W, a distance of 109.28 feet to and angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82 °26`30" W, a distance of 6.91 feet to a point; running thence northerly at a bearing of N 26 °37'30" W, a distance of 90.67 feet to the True Point and Place of Beginning; Thence westerly at a bearing of N 82 °26'0" W, a distance of 320.53 feet to a point in the west line of Subdivision Lot No. 73; running thence northerly along the westerly lines of Subdivision Lots Numbers 73 & 8, Block "A ", Cover Number 984, at a bearing of N 7 °43'0" E, a distance of 151.25 feet to a point 3.75 feet southerly from the south line of Kenmore Avenue; thence easterly on a line parallel with the southerly line of Kenmore Avenue at 3.75 feet southerly therefrom, at a bearing of S 82 °26'0" E, a distance of 70.00 feet to the westerly line of Subdivision Lot No. 6, Block "A ", Cover Number 984; thence southerly along, the westerly line of said Lot No. 6, at a bearing of S 7 °43'0" W, a distance of 0.25 of a foot, to a point 4.00 feet southerly from the south line of Kenmore Avenue; thence easterly on a line parallel with the southerly line of Kenmore Avenue and 4.0 feet southerly therefrom, at a bearing of S 82 °26'0" E, a distance of 175.00 feet to the easterly line of Subdivision Lot No. 2, Block "A ", Cover Number 984; thence northerly along the easterly line of said Subdivision Lot No. 2, at a bearing of N 7 °43'0" E, a distance of 4.0 feet to the southerly line of Kenmore Avenue; thence easterly along the southerly line of said Kenmore Avenue, at a bearing of S 82 °26'0" E, a distance of 66.75 feet to the intersection of the southerly line of Kenmore Avenue with the west line of Englewood Avenue; thence southeasterly along the westerly line of Englewood Avenue, at a bearing of S 49 °47'30" E, a distance of 51.50 feet to a point; thence southwesterly along a line at a bearing of S 63 °22'30" W, a distance of 96.86 feet to a point; thence southeasterly along a line at a bearing of S 26 °37'30" E, a distance of 80.09 feet to the True Point and Place of Beginning. Parcel Zoned R -2: All that plot of land situated in the City of Buffalo, County of Erie, and State of New York, being part of Lot number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a bearing of S 63 °22'30" W, a distance of 109.28 feet to an angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82 °26'0" W, a distance of 6.91 feet to the True Point and Place of Beginning; thence continuing westerly along the northerly line of said Seattle Avenue, at a bearing of N 82 °26'0" W, a distance of 371.68 feet to a point being the southwesterly corner of Subdivision Lot No. 73, Block "A ", Cover Number 984; thence northerly along the westerly line of said Subdivision Lot No. 73, at a bearing of N 7 °43'0" E, a distance of 75.00 feet to a point; thence easterly along a line being parallel with said Seattle Street, at a bearing of S 82 °26'0" E, a distance of 320.53 feet to a point; 3 thence southeasterly at a bearing of S 26 °37'30" E, a distance of 90.67 feet to the True Point and Place of Beginning. Recommended by the Committee on Legislation Chairman App t Alan P. Gers Assistant Car oration Counsel TAwp60VRP\COUNC1T.110 -2 -12 meeting\Committee\Rezone 392 Kenmore.2.dom 00055 RESOLUTION Sponsors: Christopher P. Scanlon Subject: Waive Band Shell Rental Fee for WNY United Against Drug & Alcohol Abuse, Inc. for their October 24, 2012 Red Ribbon Week Event 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, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, WNY United Against Drug & Alcohol Abuse, Inc. is seeking the use of a Band Shell at Cazenovia Park on Wednesday, October 24, 2012 beginning at 9:30 am as part of their planned activities for the National Family Partnership's Red Ribbon Week, a nationwide event held in the last week of October each year in support of the fight against the illegal use of drugs and substance abuse prevention efforts; and WHEREAS, Each year as part of Red Ribbon Week, WNY United hosts a contest for students to create banners that show a positive drug prevention message, which the students then parade around their community and in front of judges. This year, students from four Buffalo Public Schools located in South Buffalo will be walking the banners they have created from their school buildings to Cazenovia Park where the Red Ribbon Rally and judging will take place; and WHEREAS, WNY United has been working to better the Buffalo and WNY Community for the last twenty -five years by educating young people about drug and alcohol abuse prevention through in- school programming, their "LIT: Leaders In Training" summer program and through numerous campaigns the group sponsors each year; and WHEREAS, WNY United has contacted the Common Council to request permission to use a Band Shell as part of their Red Ribbon Week programming and has asked the Council to waive the $400 fee which the City usually charges; and WHEREAS, This event provides a legitimate public benefit and is free to the general public. By waiving the band shell fee, the City would be demonstrating its support for youth drug prevention efforts and Red Ribbon Week and enable WNY United to utilize their limited funding for other drug prevention programming for local youths; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive all fees associated with the use of a Band Shell by WNY United Against Drug & Alcohol Abuse, 3 kA - 1 wA� Inc. for their Red Ribbon Week event being held on Wednesday, October 24, 2012 at 9:30am at 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, Law and Jessica Lafalce, Communications Coordinator for WNY United, 1195 Niagara St., Buffalo, NY 14213. Christopher P. Scanlon South District Council Member F.0 ,: 0®08r 3� ti No. Appointment Assistant Legislative Aide By Mr. Smith The Common Council hereby moves approval of the appointment of Damon Palmer to the position of Assistant Legislative Aide pursuant to Section 27 of the Charter of the City of Buffalo. Seconded by ADOPTED. N QQ0� RESOLUTION Sponsor: Demone Smith Subject:. Illegal Dumping Whereas: The United States Environmental Protection Agency defines "illegal dumping" as the disposal of waste in an unpermitted area and states that illegal dumping regulations must be enforced and; Whereas: There have been complaints by constituents across several City Of Buffalo districts. that there has been trash and debris illegally discarded on their property or in public right- of -way. The human health risks associated with illegal dumps are significant. Illegal dumps may be easily accessible to people, particularly children, who can be at risk to chemicals (fluids or dust) or get hurt -from nails and sharp edges of materials and; Whereas: The Charter and Code of the City of Buffalo states No person shall place, deposit, leave, litter, throw, cast or dump or cause to be placed, deposited, left, littered, thrown, cast or dumped or permit any servant, agent, employee or other person under his control to place, deposit, leave, litter; throw, cast or dump any waste of any kind on any street, sidewalk or right -of-way (including the curb line), public park, public place or any real property .or premises within the City of Buffalo without the lawful consent of the owner or lawful consent of the occupant in possession thereof, provided however, that nothing in this section shall authorize orpermit any action that would be otherwise prohibited, but for such consent, by any law. Nothing in this section shall prohibit the dumping of solid waste in an authorized municipal dumping ground and Whereas: The owner, operator; registrant and any occupants of a vehicle involved in the placing, depositing, leaving, littering, throwing, casting or dumping of any waste on any street, curb line, public park, public place or on any real property or premises within the City of Buffalo without the lawful consent of the owner or the lawful consent of the occupant in possession thereof shall be jointly and severally liable for the penalties imposed pursuant to this article and shall each be guilty ofa violation; provided, however, that nothing in this section shall authorize or permit any action that would be otherwise prohibited, but far such consent, by any law and; Whereas: Any person convicted of illegal dumping within the City of Buffalo shall be subject to a Class I fine of one thousand five hundred dollars as prescribed in Chapter 137, Article I of this Code. Therefore, Be it Resolved: That any person found in violation of illegal dumping shall be liable to arrest and upon f ction thereof shall be deemed guilty ofa Class A misdemeanor. Therefore, rth Resolved: That a copy of this resolution shall be sent to the Corporation Council and the of Buffalo's Va;Z' o�ce. De moneA. Smith R �� COMMIT Majority Leader ON LEGIS TION. Masten District Council Member I� 00058 RESOLUTION Sponsor: Demone Smith RE. Waive Park fees associated with National Day of Remembrance for Murder Victims 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 National Day of Remembrance for Murder Victims provides an opportunity for people to honor the memories of murder victims and to recognize the impact on surviving family members; and WHEREAS: The local National Day of Rememberance memorial service. will be held on September 25, 2012 at Martin Luther King, Jr. Park; and WHEREAS: This is a free community event to promote healing and tolerance. NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park fee for the National Day of Remembrance for Murder Victims 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. Demone Smith Majority Leader Master District Council Member 5k 0008.9 BY: DEMONE A SMITH 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, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Denise D. Johnson • Damon Lamont Palmer TOTAL 2 ADOPTED i�- Spa 00096 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, October 9, 2012 at 9:45 o'clock A.M. Tuesday, October 9, 2012 at 10:00 o'clock A.M. Tuesday, October 9, 2012 at 1 :00 o'clock P.M. Tuesday, October 9, 2012 at 2:00 o'clock P.M. (Public Disclaimer All meeting 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 up whereby the City 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. E= ILI � Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3 ? �� GERALD A. CHWALINSKI CITY CLERK October 2, 2012