council - City of Rochester

council - City of Rochester

PROCEEDINGS OF THE COUNCIL OF THE CITY OF ROCHESTER 2011 ROCHESTER, NEW YORK Officials 2011 Thomas S. Richards (1) Mayor R. Carlos Carballada (2) ...

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PROCEEDINGS OF THE

COUNCIL OF THE CITY OF ROCHESTER 2011

ROCHESTER, NEW YORK

Officials 2011 Thomas S. Richards (1) Mayor R. Carlos Carballada (2) Acting Mayor Leonard E. Redon (3)

Darryl Porter

Deputy Mayor

Assistant to the Mayor

William J. Ansbrow

Robert J. Bergin(4)

Director of Management & Budget

Corporation Counsel

Luis Burgos

R. Carlos Carballada

Commissioner of Recreation & Youth Services

Commissioner of Neighborhood & Business Development

John D. Caufield

Tassie R. Demps

Fire Chief

Director of Human Resource Management

Alinda Drury

Jeffrey P. Eichner(5)

Director of Special Projects

Acting Corporation Counsel

Bret Garwood(6)

Paul M. Holahan

Acting Commissioner of Neighborhood & Business Development

Commissioner of Environmental Services

George Markert(7)

David Mayor

Director of Office of Public Integrity

Chief of Information Technology

John M. Merklinger

David Moore(8)

Emergency Communications Center Director

Director of Office of Public Integrity

Brian L. Roulin

James M. Sheppard

Director of Finance

Police Chief

Patricia Uttaro

Gary Walker

Library Director

Director of Communications

(1) Resigned January 20, 2011; returned as Mayor on April 11, 2011 after Special Election. (2) January 21 through April 10, 2011. (3) As of July 13, 2011. (4) As of August 11, 2011.

(5) (6) (7) (8)

Through August 10, 2011. January 21 through April 10, 2011. As of August 1, 2011. Retired July 31, 2011.

Members of Council 2011 Members

Residence

Lovely A. Warren, Esq................................................................ 93 Woodman Park, 14609 President, Councilmember, Northeast District Elaine M. Spaull, Esq. ............................................................ 42 Westminster Road, 14607 Vice President, Councilmember, East District Carolee A. Conklin........................................... 310 Exchange Boulevard, Apt. 257, 14608 Councilmember-at-Large Matt Haag ...................................................................................... 951 Park Avenue, 14610 Councilmember-at-Large Adam C. McFadden ................................................................... 178 Farragut Street, 14611 Councilmember, South District Dana K. Miller ........................................................................... 265 Melrose Street, 14619 Councilmember-at-Large Jacklyn Ortiz ................................................................................. 45 Ontario Street, 14605 Councilmember-at-Large Carla M. Palumbo, Esq. ............................................................... 1002 Glide Street, 14606 Councilmember, Northwest District Loretta C. Scott ........................................................................... 171 Berwick Road, 14609 Councilmember-at-Large

City Clerk’s Office 2011 Daniel B. Karin .................................................................................................... City Clerk Hazel L. Washington ............................................................................... Deputy City Clerk Birth A. Manigault ................................................................... Senior Legislative Assistant Rebecca M. McNamara ............................................................ Senior Legislative Assistant Betsy P. Indivino ................................................................................. Legislative Assistant Bernard J. Christopher ............................................................... Legislative Aide Part-time Candice A. Bianchi ........................................................................Senior Legislative Clerk Michael Ann Flynn ...........................................................................................Receptionist Lisa M. Alexander ..................................................................................... Legislative Clerk Darlene T. LaBoy ...................................................................................... Legislative Clerk

City Council Office 2011 Andrea M. Guzzetta ........................................................................................Chief of Staff Bridget A. Monroe ................................................................ Associate Legislative Analyst Bridgette Burch White(1) .......................... Principal Legislative Communications Assistant Carmen L. Aponte-Merced .......................................................... Secretary to City Council

(1)

Position eliminated as of July 29, 2011.

Standing Committees of The City Council 2011 Finance Conklin, Ortiz, Scott

Jobs, Parks & Public Works Miller, Haag, Scott

Neighborhood & Business Development Palumbo, Conklin, Miller

Public Safety, Youth & Recreation McFadden, Haag, Ortiz

The first Councilmember named after the designation of the Committee is Chair thereof.

Regular meetings of the Council shall be held at 8:000 p.m. in the Council Chamber, Room 302-A, City Hall. Special Meetings may be called at any time by the Mayor or President of Council or any three Councilmembers.

THURSDAY, JANUARY 6, 2011 - TUESDAY, JANUARY 25, 2011 SPECIAL MEETING JANUARY 6, 2011 4:15 P.M. Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9

Page 1

vacancy a person who is registered in the same political party as the person who vacated the office, or if the Council fails to appoint a Mayor within 30 days of the vacancy, there shall be a special election held within 90 days of such vacancy to elect a successor to serve the unexpired term; and WHEREAS, the City Council does not intend to fill the vacancy by appointment and desires that a special election be held; and

Absent - None - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America.

WHEREAS, the City Council wishes to set the date for the special election in order to maximize community participation in the electoral process and to allow the appropriate planning to begin for said election.

INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester as follows:

TO THE COUNCIL Ladies and Gentlemen:

Section 1. The special election to fill the vacancy in the Office of Mayor of the City of Rochester shall be held on March 29, 2011.

Introductory No. 1 Re: Resolution Establishing The Date For The Special Election Of The Mayor

Section 2. The City Clerk shall deliver a certified copy of this resolution to the Monroe County Board of Elections upon its effective date.

Transmitted herewith for your approval is a resolution related to establishing the date for the special election to determine the successor and serve the unexpired term of Mayor Robert J. Duffy.

Section 3. This resolution shall take effect on February 1, 2011.

The date of the special election will be March 29, 2011. This date allows for the full 90-days to be utilized in order for the community to prepare and educate themselves on the candidates that will be running to fill the seat. In addition, this date was also chosen as it will keep Election Day on a Tuesday.

The meeting was adjourned at 4:23 P.M.

This legislation will authorize the City Clerk to deliver this resolution to the Board of Elections on the date that it becomes effective, February 1, 2011. By doing this, it will allow the Board of Elections to have the maximum time to prepare for a citywide election.

Item held.

DANIEL B. KARIN City Clerk ***** REGULAR MEETING JANUARY 25, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9 Absent - None - 0.

Respectfully Submitted, Lovely A. Warren President, City Council

The Council President requested the Council to rise for a Moment of Silence. Introductory No. 1

RESOLUTION ESTABLISHING THE DATE FOR THE SPECIAL ELECTION OF THE MAYOR WHEREAS, Robert J. Duffy, who was elected to the Office of Mayor of the City of Rochester on November 3, 2009 has resigned as Mayor on December 31, 2010 in order to take Office as the newly elected Lieutenant Governor of the State of New York; and WHEREAS, Section 3-2.1 of the Charter of the City of Rochester provides that upon a vacancy in the Office of the Mayor, the City Council shall fill the vacancy by appointing within 30 days of the

Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Emergency Communications *David H. Quartley Police Department *Joseph M. McMahon Library *Christine G. Antoniak *Did not attend meeting. APPROVAL OF THE MINUTES By Councilmember Ortiz

Page 2

TUESDAY, JANUARY 25, 2011

RESOLVED, that the minutes of the Regular Meeting of December 14, 2010 be approved as published in the official sheets of the Proceedings. Passed unanimously. COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS. The following communications are hereby directed to be received and filed: The Mayor submits the following: Administrative Cancellation or Refund of Erroneous Taxes and Charges 4033-11 Public Disclosure - CDBG Participation (3) 4034-11, 4035-11, 4036-11 Public Disclosure - HOME Participation 4037-11 Public Disclosure - Home Rochester/ACA Program Participation 4038-11 Quarterly Reports 4039-11 Professional Services Agreements Delinquent Receivables

ments To The Board Of Assessment Review Int. No. 476 - Approving Wage And Salary Increases For Employees Of The Rochester Housing Authority, As Amended The Finance Committee recommends for consideration the following entitled legislation: Int. No. 1 - Resolution Establishing The Date For The Special Election Of The Mayor The following entitled legislation is being held in Committee: Int. No. 4 - Amending Chapter 66 Of The Municipal Code, Junkyard Operators, Junk Dealers And Scrap Processors Int. No. 5 - Amending Chapter 80 Of The Municipal Code, Pawnbrokers Int. No. 6 - Amending Chapter 96 Of The Municipal Code, Secondhand Dealers

None presented

Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Lovely A. Warren FINANCE COMMITTEE

PUBLIC HEARINGS.

Received, filed and published

Pursuant to law public hearing will now be had on the following matter:

TO THE COUNCIL Ladies and Gentlemen:

Authorizing The Sale Of 116 West Main Street To Further The Cascade Area Urban Renewal Plan Int. No. 20 1 speaker: Alex White.

Ordinance No. 2011-1 Re: Agreement - First Consulting. Inc., Technical Writing

Designating Plymouth Terrace, LLC As Qualified And Eligible To Purchase And Develop 116 West Main Street In The Cascade Area Urban Renewal Project Int. No. URA-1 No speakers.

Transmitted herewith for your approval is legislation establishing $90,000 as maximum compensation for an agreement with First Consulting, Inc., Rochester 14602, to provide technical writing services required for documentation of certain procedures related to the Process and System Integration Initiative (PSI). The cost of this agreement will be funded from the 2009-10 Information Technology Department Cash Capital allocation (PSI Back Office Implementation).

PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES.

Approving A Change In The Traffic Flow Of Kirley Alley From Two-Way To One-Way Eastbound Int. No. 15 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin January 25, 2011 To the Council: The Finance Committee recommends for adoption the following entitled legislation: Int. No. 2 - Establishing Maximum Compensation For A Professional Services Agreement For Computer Consulting Services Int. No. 3 - Establishing Maximum Compensation For A Professional Services Agreement For Computer Services Int. No. 22 - Resolution Approving Appoint-

First Consulting will provide the services of three full-time and one part-time technical writers to document City financial business procedures for training and reference purposes. This service is required to ensure that City employees are trained in the new financials system and provided with procedure manuals in a timely fashion. The anticipated go-live date of the new system is July 1, 2011. Tyler Technologies, the primary consultant for the PSI project, has technical writers available, but at a much higher cost than First Consulting. Given the immediate need for these services, it was decided to hire First Consulting based on their local presence, their hourly rate of $60, and the high quality of their prior work for the IT Department. The term of the agreement will be for eight months.

TUESDAY, JANUARY 25, 2011

Page 3 Upgrade of mainframe software is required since IBM is phasing out support for the version currently run at the City. Upgraded mainframe hardware will facilitate this transition.

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-1 (Int. No. 2) Establishing Maximum Compensation For A Professional Services Agreement For Computer Consulting Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $90,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and First Consulting, Inc. for computer technical writing services for the Process and System Integration (PSI) Project. Said amount shall be funded from the 2009-10 Cash Capital allocation.

The City’s mainframe will eventually be decommissioned with the implementation of the PSI initiative. Decommission will be completed in a minimum of five to seven years. PSR Inc. is an IBM partner on New York State contract and was selected because of their familiarity with our existing mainframe system. PSR Inc. was selected in March of 2009 to provide five years of mainframe backup and disaster recovery services (Ordinance No. 2009-59). Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-1 Ordinance No. 2011-2 (Int. No. 3)

Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-2 Re: Agreement - PSR Inc., Mainframe Computer Equipment and Services Transmitted herewith for your approval is legislation establishing $593,922 as maximum compensation for a five-year agreement with PSR Inc., Canton MA, for the provision of upgraded mainframe hardware and associated operating system software and licenses, and hardware support services for the duration of the agreement. The cost for the first year will be $102,096; of this amount, $24,060 will be funded from the 2010-11 Operating Budget of the Information Technology Department; the remaining amount, $78,036 will be included in the 2011-12 Operating Budget proposal for ITD. Funding for future years will be included in the annual ITD budget proposals. The majority of the City’s business operations run on the IBM mainframe computer located within the IT Department. Current mainframe software licenses and hardware support services are projected to cost $740,334 over the next five years; this agreement for upgraded hardware and related software will result in a savings of $146,412 over the five years. The purchase of the upgraded mainframe processors and associated operating system software will be financed in monthly installment payments over the course of five years at interest rates of 3.51% for the hardware and 1.08% for the software. Failure to allocate funding for payments against these purchases will result in termination of the license and service agreement and repossession of purchased hardware by IBM Inc.

Establishing Maximum Compensation For A Professional Services Agreement For Computer Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $593,922, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and PSR Incorporated for upgraded mainframe hardware and associated operating system software and mainframe software licenses and hardware support services for the IBM mainframe for a period of five years. Of said amount, $24,060 shall be funded from the 2010-11 Budget of the Information Technology Department, and the remainder shall be funded from subsequent budgets of the Information Technology Department, contingent upon adoption of subsequent budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously. Councilmember Conklin moved to amend Introductory No. 22. The motion was seconded by Councilmember Palumbo. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen:

Page 4

TUESDAY, JANUARY 25, 2011

Resolution No. 2011-1 Re: Appointments - Board Of Assessment Review Transmitted herewith for your approval is legislation to approve the appointment to the Board of Assessment Review of Ruth Brooks-Ward for a five-year term and the appointments of Peter J. Easterly, Adrienne M. Kllc, Justin R. Martin, Barbara M. Story and Michael R. Galitzdorfer for oneyear terms.

Rochester, New York 14607 to the Board of Assessment Review for a term that will expire on September 30, 2011. Section 3. This resolution shall take effect immediately. Bracketed material deleted; underlined material added. Adopted unanimously.

All individuals have an extensive background in real estate. In addition, all with the exception of Mr. Easterly have served in some capacity on this Board. Respectfully submitted, Lovely A. Warren President

Introductory No. 476 was introduced December 14, 2010 and appears in its original form with its transmittal letter on page 433 of the 2010 Council Proceedings. Attachment No. AK-2 Ordinance No. 2011-3 (Int. No. 476, As Amended)

Resolution No. 2011-1 (Int. No. 22, As Amended) Resolution Approving Appointments To The Board Of Assessment Review BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of Ruth Brooks Ward 104 Melrose Street Rochester, New York 14619 to the Board of Assessment Review for a term that will expire on September 30, 2015. Section 2. The Council hereby approves the appointments of Peter J. Easterly 65 Beacon Street Rochester, New York 14607 [And Adrienne M. Kllc 215 Aldine Street Rochester, New York 14619] And Justin R. Martin 232 Henrietta Street Rochester, New York 14620 And Barbara M. Story 1598 Highland Avenue Rochester, New York 14618 And Michael R. [Galitzdorpher] Galitzdorfer 3 N. Goodman Street

Approving Wage And Salary Increases For Employees Of The Rochester Housing Authority BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 32 of the New York State Public Housing Law, the Council hereby approves wage and salary increases of 2.40% for 2010, 2.4% for 2011, 2.4% for 2012 and 2.0% for 2013 for bargaining unit employees, and not to exceed such amounts for non-bargaining unit employees of the Rochester Housing Authority, [for one year] effective on October 1[, 2010] of each year, as approved by the Board of Commissioners of the Rochester Housing Authority on [November 19, 2010] January 6, 2011. Section 2. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Spaull - 8. Nays - None - 0. Councilmember Scott abstained. Introductory No. 1 was introduced January 6, 2011 and appears in its original form with its transmittal letter on page 1 of the current Council Proceedings. Resolution No. 2011-2 (Int. No. 1) Resolution Establishing The Date For The Special Election Of The Mayor Adopted by the following vote:

TUESDAY, JANUARY 25, 2011 Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Scott 7. Nay - Councilmembers Ortiz, Spaull - 2. TO THE COUNCIL Ladies and Gentlemen: Introductory No. 4, Introductory No. 5 and Introductory No. 6 Re: Amending the Municipal Code Licensing Codes Transmitted herewith for your approval is legislation amending the Municipal Code to revise certain licensing provisions related to Junkyard Dealers, Pawnbrokers, and Secondhand Dealers. Over the past several years, the Rochester area has experienced a significant increase in property crimes - burglaries, larcenies, as well as thefts of copper and other metals. Research shows that the intent of most individuals committing these crimes is to convert stolen property to cash as quickly and as easily as possible. And, the most commonly stolen items are also the most commonly pawned and sold items: jewelry, laptop computers, video games, televisions, and GPS units. The proposed amendments to the licensing code are designed to further limit the opportunities for the sale of stolen property. The following will apply to licensed pawnbrokers, secondhand dealers, junkyard operators, junk dealers, and scrap processors: ● Electronic reporting of transactions will be required to provide easier and more efficient access to data and simplify the tracking of stolen goods. ● The day-to-day operator of the venue must be identified in addition to the name of the licensee. ● Business with individuals who have been convicted of specific offenses will be prohibited. ● Check cashing and the sale of new merchandise, over-the-counter pharmaceuticals, and health and beauty products will be prohibited. ● The requirement to hold items will be increased from five to fifteen days. ● A license may be revoked if the licensee is found guilty in the Municipal Codes Violations Bureau of five violations within a two year period. Respectfully submitted, Thomas S. Richards Mayor Introductory No. 4 AMENDING CHAPTER 66 OF THE MU-

Page 5 NICIPAL CODE, JUNKYARD OPERATORS, JUNK DEALERS AND SCRAP PROCESSORS BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Subsection E of Section 66-7 of the Municipal Code, Restrictions on licensing and operation, as amended, is hereby further amended by deleting the final sentence thereof. Section 2. Section 66-7 of the Municipal Code, Restrictions on licensing and operation, as amended, is hereby further amended by adding thereto the following new subsections: I.

No junkyard operator, junk dealer or scrap processor shall make any purchases with cash or through exchange of other goods. Payment for all items purchased by a junkyard operator, junk dealer, scrap processor, their employees or agents shall be made by means of a check drawn on the junkyard operator’s, junk dealer’s or scrap processor’s account and made out in the name of the person selling the item.

J.

No junkyard operator, junk dealer, scrap processor, or their employees or agents, nor any other person or entity, shall cash checks upon the licensed premises.

Section 3. Subsection B of Section 66-8 of the Municipal Code, Recordkeeping requirements, as amended, is hereby further amended by A. Every junkyard operator, junk dealer, and scrap processor shall keep a substantially bound book, not less than six (6) inches in either length or width, in which shall be documented, at the time of the purchase or receipt of any item, a description thereof, the name, date of birth, residence address and personal description of the person from whom the purchase was made and the date and time when the purchase was made, the license plate number and state of issuance of the vehicle in which the items were transported or a description of how the items were transported if not by vehicle, and the name of the employee accepting the items. The identity of the seller shall be verified by use of a New York State driver's license or New York State non-driver identification card, police identification card or other means of identification approved by the Chief of Police, and the license or identification card number shall also be recorded in the record with the other identifying information. The records shall be legibly written in the English language and shall show the amount paid for each item along with the check number issued for payment of said item. All such books shall be open to inspection by any member of the Rochester Police Department during the hours of business operation. No entry in such books shall be erased, obliterated, altered or defaced and such books shall be maintained for a period

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TUESDAY, JANUARY 25, 2011 of three (3) years from the date of the latest purchase or sale entry made therein. Every junkyard operator, junk dealer, and scrap processor shall also make and retain a copy of the identification card used to verify the identity of the person from whom the items were purchased and shall retain this copy in a separate book, register or electronic archive for two years from the date of purchase.

mat, or if no electronic report of the transaction is transmitted, in addition to being subject to a ticket and fine for failing to submit a daily report pursuant to this chapter. C. Each junkyard operator, junk dealer, or scrap processor shall report their transactions electronically to the Chief of Police as required by subsections A and B from and after the following dates:

B. Every junkyard operator, junk dealer, and scrap processor shall make out every business day, on blank forms to be furnished by, or in a format approved by, the Chief of Police, a record containing the details of all purchases and receipt of junk from individual sellers who are not institutional clients during the preceding business day. The dealer shall deliver such record to the Chief of Police or his or her representative, by mail, in person or by Computer transmission as prescribed in §66-9, on the same day in which the record is completed. The details to be reported on each purchase shall be prescribed by regulations promulgated by the Chief of Police.

(1) For each junkyard for which a junkyard operator, junk dealer, or scrap processor license is first obtained on or after June 1, 2011, effective upon commencing business or one (1) month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later;

Section 4. Section 66-9 of the Municipal Code, Denial of license; Section 66-10, Additional regulations; penalties for offenses; and Section 66-11, Severability, are hereby renumbered as Sections 66-10 through 66-12, respectively, and a new Section 66-9 is hereby added to read in its entirety as follows:

(3) The Chief of Police may for good cause shown grant a junkyard operator, junk dealer, or scrap processor an extension of the otherwise applicable deadline to a date not later than November 1, 2011. An extension may only be granted upon written application by the junkyard operator, junk dealer, or scrap processor; upon a showing that the junkyard operator, junk dealer, or scrap processor is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission; and upon agreement by the junkyard operator, junk dealer, or scrap processor to pay to the City a fee of twentyfive cents ($.25) per transaction reported after the otherwise applicable deadline to offset the Rochester Police Department’s costs in converting the data from paper format into electronic form.

§66-9. Computerized reporting of daily report. A. From and after the date called for by the phase-in schedule in subsection C, every junkyard operator, junk dealer, or scrap processor except those exempted by operation of subsection D shall, on the same day the record is completed, transmit to the Chief of Police by means of electronic transmission through a modem or similar device or delivery of a computer disk, in such a format that the data is capable of direct electronic entry into the Rochester Police Department’s computerized system for identifying and tracing lost, stolen and sought-after property, the information §66-8 requires be recorded concerning all transactions in which the licensee received junk the preceding day. B. The Chief of Police shall by rule establish the format and requirements of the transmission of data and may by rule restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under subsection A shall not be reported on paper forms unless the Chief of Police so requests. Each junkyard operator, junk dealer, or scrap processor shall pay a fee of twenty-five cents ($.25) per transaction required to be electronically reported if the electronic report transmitted to the Chief of Police is erroneous, duplicative or in an incorrect or incompatible for-

(2) For each other junkyard for which a junkyard operator, junk dealer, or scrap processor license was first obtained before June 1, 2011, not later than June 1, 2011 or one (1) month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later;

D. If, after establishing the format and requirements for the transmission of computerized reports of transactions the Chief of Police alters the required format, junkyard operators, junk dealers, and scrap processors shall be given at least thirty (30) days to comply with the new format requirements. Section 5. This ordinance shall take effect on June 1, 2011. Held in Committee. Introductory No. 5 AMENDING CHAPTER 80 OF THE MUNICIPAL CODE, PAWNBROKERS BE IT ORDAINED, by the Council of the City

TUESDAY, JANUARY 25, 2011

Page 7 pawnbroker shall record on the face of the check the number affixed to the item pawned.

of Rochester as follows: Section 1. Subsection A of Section 80-5 of the Municipal Code, Regulations, as amended, is hereby further amended to read in its entirety as follows: A. Pawnbrokers shall report daily to the Chief of Police, on a blank form to be furnished by, or in a format approved by, the Chief of Police, a description of all articles received by said pawnbroker within the 24 hours immediately preceding the delivery of such report and the name, date of birth, residence address and personal description of the person from whom the articles were received and the date and time when the articles were received, and the name of the employee receiving the articles. The identity of the person from whom the articles were received shall be verified by use of a New York State driver's license or New York State nondriver identification card, police identification card or other means of identification approved by the Chief of Police, and the license or identification card number shall also be recorded in the record with the other identifying information. The pawnbroker shall deliver such report to the Chief of Police or his or her representative, by mail, in person or by Computer transmission as prescribed in §80-6, on the same day in which the record is completed. The contents of such report shall not be communicated to any person for the purpose of publication but shall be used expressly for protecting the public. No person shall make any false entry in such report, and whenever the Chief of Police shall notify any pawnbroker not to sell or permit to be redeemed any property so received on deposit, such property shall not be sold or be permitted to be redeemed until the said Chief shall so direct. Every pawnbroker shall also make and retain a copy of the identification card used to verify the identity of the person from whom the items were received and shall retain this copy in a separate book, register or electronic archive for two years from the date of purchase.

J.

No pawnbroker, nor any other person or entity, shall cash checks upon the licensed pawnbroker’s premises.

Section 3. Section 80-6 of the Municipal Code, Applicability of Chapter 68, is hereby renumbered as Section 80-7 and a new Section 80-6 is hereby added to read in its entirety as follows: §80-6. Computerized reporting of daily report. A. From and after the date called for by the phase-in schedule in subsection C, every pawnbroker except those exempted by operation of subsection D shall, on the same day the record is completed, transmit to the Chief of Police by means of electronic transmission through a modem or similar device or delivery of a computer disk, in such a format that the data is capable of direct electronic entry into the Rochester Police Department’s computerized system for identifying and tracing lost, stolen and sought-after property, the information §805A requires be recorded concerning all transactions in which the licensee received articles the preceding day. B. The Chief of Police shall by rule establish the format and requirements of the transmission of data and may by rule restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under subsection A shall not be reported on paper forms unless the Chief of Police so requests. Each pawnbroker shall pay a fee of twenty-five cents ($.25) per transaction required to be electronically reported if the electronic report transmitted to the Chief of Police is erroneous, duplicative or in an incorrect or incompatible format, or if no electronic report of the transaction is transmitted, in addition to being subject to a ticket and fine for failing to submit a daily report pursuant to this chapter.

Section 2. Section 80-5 of the Municipal Code, Regulations, as amended, is hereby further amended by adding thereto the following new Subsections C, I and J:

C. Each pawnbroker shall report their transactions electronically to the Chief of Police as required by subsections A and B from and after the following dates:

C. No pawnbroker shall make any purchase or otherwise receive any articles from any person without first ascertaining that such articles are the property of the person offering to sell them, and were not stolen.

(1) For each pawnshop for which a pawnbroker’s license is first obtained on or after June 1, 2011, effective upon commencing business or one (1) month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later;

I.

No pawnbroker shall make any payment for items pawned with cash or through exchange of other goods. Payment for all items pawned by a pawnbroker shall be made by means of a check drawn on the pawnbroker’s account and made out in the name of the person pawning the item. The

(2) For each other pawnshop for which a pawnbroker’s license was first obtained before June 1, 2011, not later than June 1, 2011 or one (1) month after the effective date of the initial rules adopted pur-

Page 8

TUESDAY, JANUARY 25, 2011 suant to subsection B, whichever is later; (3) The Chief of Police may for good cause shown grant a pawnbroker an extension of the otherwise applicable deadline to a date not later than November 1, 2011. An extension may only be granted upon written application by the pawnbroker, upon a showing that the pawnbroker is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission, and upon agreement by the pawnbroker to pay to the City a fee of twenty-five cents ($.25) per transaction reported after the otherwise applicable deadline to offset the Rochester Police Department’s costs in converting the data from paper format into electronic form.

D. If, after establishing the format and requirements for the transmission of computerized reports of transactions the Chief of Police alters the required format, pawnbrokers shall be given at least thirty (30) days to comply with the new format requirements. Section 4. This ordinance shall take effect on June 1, 2011. Held in Committee. Introductory No. 6 AMENDING CHAPTER 96 OF THE MUNICIPAL CODE, SECONDHAND DEALERS BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 96 of the Municipal Code, Secondhand Dealers, as amended, is hereby further amended to read in its entirety as follows: Chapter 96. SECONDHAND DEALERS §96-1. License required. A. No person, firm, corporation, partnership, association, trust or any type of business enterprise shall carry on the business of secondhand dealer without obtaining a license from the Chief of Police. B. A “secondhand dealer” shall mean one who purchases from the public secondhand goods of any kind. The regulations contained in this Chapter shall apply to all persons who purchase from the public secondhand goods of any kind, including the owner or operator of a secondhand business, or his or her employees or agents. A “purchase” of a secondhand item, as used in this chapter, in addition to its usual meaning of “buy” or “pay for”, shall also be construed to include an exchange, trade, transfer, or other means of acquisition for consideration of a

secondhand item. C. “Secondhand goods” means any previously owned property or merchandise, including but not limited to clothes, furniture, household items, jewelry, precious metals and gems, consumer goods, vehicle and vehicle parts, and all other moveable personal property. §96-2. Exemptions from Chapter. This Chapter shall not apply to: A. Any person licensed as a Junkyard Operator, Junk Dealer or Scrap Processor under Chapter 66 of this Code; or B. Any secondhand dealer that is exempt from taxation under §501(c)(3) or §501(c)(4) of the Internal Revenue Code; or C. Garage sales, basement sales, porch sales, yard sales and other such events at which a person desires to sell or trade his or her personal used items, household goods, furniture or equipment upon his or her premises, said premises not being a regular place of business for purchase or sale of secondhand items, shall be exempted from the license requirement of this chapter. No more than one (1) such sale shall be conducted by the same person or persons upon the same premises within one (1) calendar year, and each such sale shall not exceed three (3) consecutive days; or D. Sales conducted for charitable purposes shall be exempted from the license requirement of this chapter. The determination of whether a sale is being conducted for a charitable purpose shall be made by the Chief of Police. E. This chapter shall not apply to the return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained. §96-3. Application for license. A. An application for a secondhand dealer’s license shall be made by the owner and operator, if other than owner, on forms provided by the Chief of Police and filed with the City Clerk. The application shall request relevant information relating to the owner and operator, if any, of the business to be conducted at the premises and names and dates of birth of all employees. Where the owner is not directly involved with the dayto-day operation of said business, the operator must also be included on the application. If a partnership, corporation or other business entity is involved, the application must designate an operator who is involved in the day-to-day operation of the business. In this

TUESDAY, JANUARY 25, 2011 situation, the secondhand dealer’s license shall be issued to the operator; the names, addresses and phone numbers of the partners, officers or principals shall be listed on the application. All addresses of persons involved shall be home addresses, listing street and number. The application shall also require the legal address of the premises where such business is to be carried on, and whether the applicant or any officer, manager or employee has previously been involved in the purchase or sale of secondhand goods and if so, the name of the business, its location and the dates of involvement. The application shall be signed and sworn to before a notary public or other official authorized to administer oaths in the city. B. Applications shall only be accepted where all information requested has been supplied and verified for accuracy. Anyone currently serving a period of suspension or revocation, or who has had an application for a secondhand dealer’s license denied, is ineligible to apply for a secondhand dealer’s license during a period of suspension or for a period of one (1) year from the date of revocation or denial. The applicant(s) must also demonstrate to the Chief of Police that he or she has procured all necessary licenses and permits for the business. C. Upon receipt of an application for a secondhand dealer’s license, and after approval for Zoning Code compliance by the Director of Planning and Zoning, the Chief of Police shall cause an inspection to be made of the applicant's business premises to determine whether public safety problems exist, and the Chief of Police shall cause an investigation to be made of the background of the owner and operator of the business. Before the issuance of a license, the Chief of Police and his or her representatives shall have the right to enter upon such premises during normal business hours for the purpose of making inspections. After a license has been issued, further inspections of the premises, to ensure compliance with the laws, ordinances and rules and regulations relating to secondhand businesses, may be made in areas open to the public or other areas with consent, and the Chief of Police shall have the authority to seek warrants where the same are constitutionally required. D. The Chief of Police shall cause an application to be administratively canceled if the applicant fails, with respect to the business or business premises, upon receipt of written notice and time to cure, to abate code violations, or to pay any outstanding judgments rendered by the Municipal Code Violations Bureau, or to complete a building permit or zoning application. E. Any changes in any facts or information required on said application occurring after filing thereof shall be reported by the licen-

Page 9 see in writing to the Chief of Police within five (5) days of the change. §96-4. Additional inspections. The Fire Chief may cause an inspection of the premises to be made to determine whether the applicant is in compliance with the laws and ordinances which the Rochester Fire Department is charged with enforcing. The Fire Chief and members of his or her staff shall have the right to enter upon any premises for which a secondhand dealer’s license is sought when the business is open for the purpose of making such an inspection of areas open to the public, or other areas with consent, and shall also have the authority to seek warrants where the same are constitutionally required. §96-5. Issuance of secondhand dealer’s license. A. All new applications for a secondhand dealer’s license as of June 1, 2011 shall be issued or denied within thirty (30) days after a fully completed application has been accepted and an inspection has found the premises to be code compliant. B. The owner, operator and employees of any secondhand business shall be of good moral character and shall maintain good order on the business premises at all times. C. Except as provided in New York Correction Law, Article 23-A, the Chief of Police reserves the right to deny a secondhand dealer’s license to any person who has pled guilty to or has been convicted of any crime which is related to the operation of the business. D. No secondhand dealer’s license shall be issued unless the applicant and business have fully complied with the provisions of this article and have obtained all necessary licenses and permits for the operation. No secondhand dealer’s license shall be issued to a premises while charges are pending pursuant to §3-15 of the City Charter, or while any other nuisance abatement proceeding or action is pending against the premises or owner or operator. E. No secondhand dealer’s license shall be issued unless the business premise is in compliance with the Municipal Code. F. No secondhand dealer’s license shall be issued to any business or applicant against whom judgment has been rendered by the Municipal Code Violations Bureau relating to the business or business premises, which judgment has not been satisfied. G. No secondhand dealer’s license shall be issued for a period of one (1) year after the applicant has been found guilty of operating a business without a secondhand dealer’s license.

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TUESDAY, JANUARY 25, 2011

§96-6. Expiration of licenses.

on and about the premises at all times when the business is open. The premises shall include the building in which the business is located, as well as accessory structures and uses, including parking lots and the land on which the building is located. The owner or operator of any secondhand dealer’s business shall be responsible to remove refuse and obstructions from the sidewalk in accordance with Municipal Code requirements, and to operate the business so that neither the business nor its patrons become a source of disruption on the sidewalks, streets or other private property in the vicinity of the business. The lack of good order shall include, but not be limited to, suffering or permitting the following:

Secondhand dealer’s licenses shall expire on December 31 of each year.

(1) The premises to become disorderly, including fighting or lewdness.

§96-7. License fee.

(2) Gambling.

The annual fee for a secondhand dealer’s license shall be $200. There shall be a fee of $10 for replacement of a lost license.

(3) Prostitution.

H. It shall be the duty of all holders of a secondhand dealer’s license to notify the Chief of Police of any changes in information supplied on their license applications within twenty (20) days of such changes. I.

In case any suspicious or known dishonest person shall offer for sale to any secondhand dealer any article of value and the secondhand dealer has reason to believe from any circumstance that the same has been stolen or acquired by dishonest means, it shall be his or her duty to immediately report the offer to the Chief of Police or his or her representatives.

§96-8. General operation of secondhand dealer’s businesses. A. The owner and operator of any secondhand dealer’s business shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of businesses and the occupation, use and maintenance of the premises and shall ensure that all of his or her employees and agents do also. B. The owner and operator of any secondhand dealer’s business shall comply with all the notices, orders, decisions and rules and regulations made by the Chief of Police, Fire Chief, Commissioner of Neighborhood and Business Development and the Director of Planning and Zoning governing the occupation and use of the premises. C. The secondhand dealer’s business owner and operator shall not employ any person who has been convicted within three years of any felony related to the operation of a business or who has had a secondhand dealer’s license revoked or denied within the past year. D. The owner or operator of any secondhand dealer’s business shall cause the secondhand dealer’s license and business permit to be posted in a conspicuous place immediately visible upon entering the business. E. No secondhand dealer shall have his or her place of business open for the transaction of business except between the hours of 8:00 a.m. and 11:00 p.m.

(4) Illegal possession, use, gift, sale or offer for sale of alcoholic beverages. (5) Illegal possession, use, gift, sale or offer for sale of cigarettes or tobacco products. (6) Food stamp or welfare fraud or criminal diversion of prescription medications and prescriptions. (7) Litter. (8) Possession, use, gift, sale or offer for sale of illegal drugs. (9) Noise violations. (10)Possession of stolen property. (11)Operating beyond the legal hours of operation. (12)Illegal possession, use, gift, sale or offer for sale of dangerous weapons. (13)Unlawfully dealing with a child or allowing or permitting sexual performances by a child. (14)Any other nuisance activity listed in §315 of the City Charter. §96-9. Licensed premises. A secondhand dealer’s license shall be valid only for the location designated upon the application. No license shall be issued for more than one (1) location. All activities regarding secondhand dealing must be conducted at the licensed premises. §96-10. Prohibited Transactions.

F. The owner or operator of any secondhand dealer’s business shall maintain good order

A. No secondhand dealer shall receive or pur-

TUESDAY, JANUARY 25, 2011 chase any secondhand goods from any person under the age of eighteen (18) years unless said infant is accompanied by his or her parent or legal guardian; any person who is visibly intoxicated or under the influence of drugs; and/or any person of whom they have knowledge that said person has been convicted within the past five (5) years of any of the following designated offenses of the New York State Penal Law:

Page 11 No person who sells or otherwise disposes of an item to a secondhand dealer shall fail or refuse to give: A. The individual’s true name, date of birth and residence address, which shall be verified by a New York State Driver’s License, New York State Non-Driver’s Identification Card, police identification card or other means of identification approved by the Chief of Police; and

(1) Title J: Offenses Involving Theft: (a) Article 140, Burglary;

B. If the individual is acting as an agent for a principal, proof of the principal’s true name and address.

(b) Article 155, Larceny; §96-12. Record of purchases and sales. (c) Article 156, Offenses Involving Computers; (d) Article 158, Welfare Fraud; (e) Article 160, Robbery; (f) Article 166, Other Offenses Relating to Theft; and (2) Title M: Offenses Against Public Health And Morals: (a) Article 220, Controlled Substance Offenses; (b) Article 221, Offenses Involving Marihuana (except the violation under §221.05). B. No secondhand dealer shall make any purchase or otherwise receive any secondhand goods from any person without first ascertaining that such goods are the property of the person offering to sell the goods, and were not stolen. C. No secondhand dealer shall make any purchases with cash or through exchange of other goods. Payment for all items purchased by a secondhand dealer shall be made by means of a check drawn on the secondhand dealer’s account and made out in the name of the person selling the item. The secondhand dealer shall record on the face of the check the number affixed to the item purchased pursuant to §96-13.

Every secondhand dealer shall keep a substantially bound book, not less than six (6) inches in either length or width, in which shall be legibly written in ink and in English at the time of every purchase or sale a description of every secondhand article so purchased, the number or numbers, any monograms, inscriptions or other marks of identification that may appear on the article, the name, date of birth, residence address, general description and signature of the person from whom such purchase was made, the date and time when the purchase was made, the purchase price, the tag number attached to each item, and the name of the employee who accepted the item. All such record books shall be open to inspection by any member of the Rochester Police Department during the hours of business operations. No entry in such book shall be erased, obliterated, altered or defaced and such book shall be maintained for a period of three (3) years from the date of the latest purchase or sale entry made therein. Every secondhand dealer shall also make and retain a copy of the identification card used to verify the identity of the person from whom the items were purchased and shall retain this copy in a separate book, register or electronic archive for two years from the date of purchase. §96-13. Tagging items. Every secondhand dealer shall at the time of purchase and until resale attach and keep affixed a properly numbered tag to, or otherwise keep legibly numbered, each secondhand article purchased and shall also make entry of such number in the book provided for in §96-12 and on the purchase receipt. §96-14. Daily reporting requirements.

D. No secondhand dealer, nor any other person or entity, shall cash checks upon the licensed secondhand dealer’s premises. E. Secondhand dealers shall only purchase and sell secondhand goods. No secondhand dealer shall purchase or sell new merchandise or any pharmaceuticals, or over the counter health or beauty care or grooming products, upon the licensed secondhand dealer’s premises. §96-11. Seller to provide true information.

Each secondhand dealer shall submit to the Chief of Police a daily report of each purchase of secondhand goods that day. The report shall: A. Be for each item purchased or each group of substantially similar items purchased as part of a single transaction; B. Include the following information: (1) The date, place, and time of each transaction, including the location where the secondhand dealer purchased or re-

Page 12

TUESDAY, JANUARY 25, 2011 ceived the item or group of items;

(2) A description of the item or group of items, including: (a) The specific type and number of items; (b) The manufacturer, model number and year of manufacture, if known, and any soundex number or unique identifying number found on the item; (c) The color, size, style and approximate age; (d) For jewelry (other than costume jewelry meeting standards set by the Chief of Police), a description by weight (if payment is based on weight), style, gender, number and configuration of stones and any initials or distinguishing marks or inscriptions; (e) A statement of whether or not the item appears to have been altered by any means, including: [1] Obscuring a serial number or identifying feature; [2] Melting; or [3] Recutting a gem; and (f) The amount paid or other consideration. (3) For each individual from whom the secondhand dealer purchases an item the individual’s name, date of birth, residence address and personal description of the person from whom the purchase was made and the date and time when the purchase was made, and the name of the employee purchasing the item. The identity of the seller shall be verified by use of a New York State driver's license or New York State non-driver identification card, police identification card or other means of identification approved by the Chief of Police, and the license or identification card number shall also be recorded in the record with the other identifying information. §96-15. Computerized reporting of daily report. A. From and after the date called for by the phase-in schedule in subsection C, every secondhand dealer except those exempted by operation of subsection D shall, before 12:00 Noon of each day, transmit to the Chief of Police by means of electronic transmission through a modem or similar device or delivery of a computer disk, in such a format that the data are capable of di-

rect electronic entry into the Rochester Police Department’s computerized system for identifying and tracing lost, stolen and sought-after property, the information required by §96-14 to be recorded concerning all transactions in which the secondhand dealer purchased secondhand goods the preceding day. B. The Chief of Police shall by rule establish the format and requirements of the transmission of data and may by rule restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under subsection A shall not be reported on paper forms unless the Chief of Police so requests. Each secondhand dealer shall pay a fee of twentyfive cents ($.25) per transaction required to be electronically reported if the electronic report transmitted to the Chief of Police is erroneous, duplicative or in an incorrect or incompatible format, or if no electronic report of the transaction is transmitted, in addition to being subject to a ticket and fine for failing to submit a daily report pursuant to this chapter. C. Secondhand dealers shall report their transactions electronically to the Chief of Police as required by subsections A and B from and after the following dates: (1) For each secondhand dealer’s business for which a secondhand dealer’s license is first obtained on or after June 1, 2011, effective upon commencing business or one (1) month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later; (2) For each other secondhand dealer’s business for which a secondhand dealer’s license was first obtained before June 1, 2011, not later than June 1, 2011 or one (1) month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later; (3) The Chief of Police may for good cause shown grant a secondhand dealer an extension of the otherwise applicable deadline to a date not later than November 1, 2011. An extension may only be granted upon written application by the secondhand dealer, upon a showing that the secondhand dealer is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission, and upon agreement by the secondhand dealer to pay to the City a fee of twenty-five cents ($.25) per transaction reported after the otherwise applicable deadline to offset the Rochester Police Department’s costs in converting the data from paper format into electronic form. D. If, after establishing the format and require-

TUESDAY, JANUARY 25, 2011 ments for the transmission of computerized reports of transactions the Chief of Police alters the required format, secondhand dealers shall be given at least thirty (30) days to comply with the new format requirements.

Page 13 number, specific damage, a statement of facts that show the item is one of a kind or a unique engraving; and (4) The secondhand dealer is given a receipt for the item released.

§96-16. Holding requirements. A. No secondhand dealer shall permit any item which has been purchased or received by him or her to be sold, defaced or broken down until fifteen (15) days have elapsed after the giving of the notice of purchase of such article as required in §96-14. B. After the initial holding period required by subsection A of this section, a secondhand dealer shall continue to hold an item if: (1) The Rochester Police Department requests that the secondhand dealer hold the item; and (2) The Rochester Police Department has reasonable cause to believe that the item has been stolen; and (3) The item has not been identified under §96-17. C. If an item is placed on additional police hold under this subsection, the secondhand dealer shall: (1) Continue to hold the item until: (a) The police seize it; (b) The Police Department releases the police hold or directs the item to be released to its owner; or (c) 90 days after the additional police hold was imposed. (2) If requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by §96-15. §96-17. Release of stolen property. A. A secondhand dealer shall release to the Police Department any item in the secondhand dealer’s possession: (1) If the item is established to be stolen; (2) The owner of the item or the victim of the theft has positively identified the item and provided an affidavit of ownership and made a report of the theft to a law enforcement agency; (3) The stolen property report describes the item by one (1) or more of the following: date, initials, an insurance record, a photograph, a sales receipt, a serial

B. When the police no longer need an item for evidence, it shall be returned to the owner. C. A secondhand dealer who is required to release an item under this section is not entitled to demand, or to condition the release on, any reimbursement from the Police Department, the owner of the item or the victim of the theft. §96-18. Promulgation of rules and regulations. The Chief of Police shall, consistent with the express standards, purposes and intent of this chapter, promulgate, adopt and issue such interpretations, procedural rules, regulations and forms as are in the Chief of Police's opinion necessary to effective administration and enforcement of the provisions of this chapter. These interpretations, rules, regulations and forms shall be available to the public at the License Clerk's Office. Such rules, regulations and forms shall be effective upon filing with the City Clerk as a communication to the City Council. §96-19. Transfer of license. A. Secondhand dealer’s licenses shall not be transferred. In the event of any change involving the owner or operator of the business, the type of business, the name of the business or the business location, a new secondhand dealer’s license shall be required. A secondhand dealer’s license shall not be transferred to any person who holds power of attorney. B. A secondhand dealer’s license shall be deemed null and void when the licensee is not found operating the business for a period of one (1) month and fails to respond in person to the Chief of Police or his or her designee after having been sent a seven (7) day notification letter. §96-20. Denial of license. A. The Chief of Police may deny a license or deny the renewal of a license to any applicant who does not comply with the provisions of this chapter or any rule or regulation promulgated under this chapter or who makes a material misrepresentation on the license application. The Chief of Police shall give a written notification to an applicant of the reasons for the denial of a license. B. When the investigation conducted pursuant to §96-3 reveals that the applicant has violated either federal, state or local laws or rules and regulations, the Chief of Police may authorize the issuance of a conditional

Page 14 license. The conditional license shall state the grounds for the conditional license, the conditions under which the applicant shall operate his or her business, be signed by the applicant, and contain a provision which provides that any violation of the conditional license, as solely determined by the City of Rochester, shall be deemed to be grounds for revoking the conditional license.

TUESDAY, JANUARY 25, 2011 Held in Committee. By Councilmember Palumbo January 25, 2011 To the Council: The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation: Int. No. 7 - Authorizing Agreements For The Home Buyer Training Program

C. The Chief of Police shall have the power to investigate and inquire into license applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations.

Int. No. 8 - Authorizing An Agreement For The Home Rochester Program

§96-21. Inspection of secondhand dealer’s records and items.

Int. No. 19 - Authorizing An Agreement For The Straub Street Revitalization Project

A secondhand dealer shall allow a law enforcement officer, acting in the line of duty, to enter the premises during business hours and inspect any record of transactions subject to this chapter and any items on the premises.

The following entitled legislation is being held in Committee:

§96-22. Additional regulations; penalties for offenses. A. Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties set forth in §13A-11 of the Municipal Code.

Int. No. 20 - Authorizing The Sale Of 116 West Main Street To Further The Cascade Area Urban Renewal Plan Respectfully submitted, Carla M. Palumbo Carolee A. Conklin Dana K. Miller Lovely A. Warren NEIGHBORHOOD & BUSINESS DEVELOPMENT COMMITTEE

B. Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.

Received, filed and published.

C. Violations of the licensing provisions of this chapter may be enforced pursuant to Chapter 68 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.

Ordinance No. 2011-4 Re: Agreements and Appropriations Home Buyer Training

D. The Chief of Police shall revoke, without a hearing, the license of any person found guilty of five (5) or more violations of this chapter during any period of two (2) years. Nothing herein shall prevent the Chief of Police from revoking a license of any person with fewer than five (5) violations, on written charges and an opportunity for a hearing thereon, pursuant to §68-10 of the Municipal Code. §96-22. Severability. Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect and, to this end, the provisions of this chapter are declared to be severable. Section 2. This ordinance shall take effect on June 1, 2011.

TO THE COUNCIL Ladies and Gentlemen:

Transmitted herewith for your approval is legislation authorizing agreements for services related to the Home Buyer Training program and appropriating $50,000 from the Improving the Housing Stock and General Property Conditions Objective, Homeownership Promotion Fund (Homebuyer Training Account) of the 2010-11 HOME Program to partially fund the cost of the agreements. The aggregate cost of the agreements will not exceed $73,219; the remaining cost of $23,219 will be funded from the 2009-10 City Development Fund. The following organizations will provide training services at a cost of $350 per pre-purchase session and $150 per post-purchase session: NeighborWorks Rochester 570 South Avenue 14620 The Urban League of Rochester, N.Y. 265 N. Clinton Avenue 14605 Providence Housing Development Corp. 1136 Buffalo Road 14624 Marketview Heights Association 305 North Street 14605

TUESDAY, JANUARY 25, 2011

Page 15

In September, 2010, a request for proposals was posted on the City’s web site. Five proposals were received and reviewed by a team of departmental staff. Based on experience, qualifications and a complete proposal, four organizations were chosen to provide services.

be funded from 2008-09 Cash Capital.

These four providers will provide pre- and postpurchase training to all recipients of City closing cost grants, estimated at 146 for the term of the sixmonth agreements.

RHDFC will administer the distribution of subsidies (each averaging $20,000) for the acquisition and rehabilitation of approximately ten vacant structures by participating developers. Developers include the Urban League of Rochester Economic Development Corporation, PathStone, and the following CHDOs: Marketview Heights Association; NCS Community Development Corporation; Group 14621; North East Area Development; Isla Housing and Development Corporation; South Wedge Planning Committee; and the IberoAmerican Development Corporation.

This legislation supports the City’s Housing policy objective to promote home ownership. A program description is attached. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-3 Ordinance No. 2011-4 (Int. No. 7) Authorizing Agreements For The Home Buyer Training Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with NeighborWorks, The Urban League of Rochester, NY, Inc., Providence Housing Development Corporation, and the Marketview Heights Association to implement the Home Buyer Training Program. Section 2. The agreements shall obligate the City to pay an amount not to exceed $73,219, and of said amount, or so much thereof as may be necessary, $50,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Homeownership Promotion allocation (Home Buyer Training Account) of the 2010-11 HOME Program and $23,219 shall be funded from the 2009-10 City Development Fund. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-5 Re: Home Rochester Program Transmitted herewith for your approval is legislation establishing $210,000 as maximum compensation for an agreement with the Rochester Housing Development Fund Corporation (RHDFC) to provide development subsidies as part of the Home Rochester Program. The cost of the agreement will

The Home Rochester Program provides for the acquisition and rehabilitation of vacant, singlefamily houses for resale to income-eligible households.

Home Rochester properties traditionally are available to families who earn less than 80% of the median family income (MFI). The funds allocated through this agreement will allow the program to market properties to families with incomes between 80% and 120% of the MFI. All purchasers are required to attend pre- and post-purchase homebuyer training classes and to reside in the properties for a minimum of ten years. This legislation supports the City’s Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-5 (Int. No. 8) Authorizing An Agreement For The Home Rochester Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester Housing Development Fund Corporation for housing development subsidies through the Home Rochester Program. Section 2. The agreement shall obligate the City to pay an amount not to exceed $210,000, and said amount, or so much thereof as may be necessary, shall be funded from the 2008-09 Cash Capital allocation. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously.

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TUESDAY, JANUARY 25, 2011

TO THE COUNCIL Ladies and Gentlemen:

Costs Architectural services Rehab of 289 Driving Park Demolition and redevelopment of 23 Straub Street Improvements to 275 Driving Park Total

Ordinance No. 2011-6 Re: Agreement - NCS Community Development Corporation, Dewey Driving Park Focused Investment Strategy, Straub Street Transmitted herewith for your approval is legislation establishing $93,000 as maximum compensation for an agreement with NCS Community Development Corporation (NCS) to design and implement improvements to properties in the Dewey Driving Park Focused Investment Strategy Area (DDP FIS). These improvements are part of the Straub Street Revitalization Project, included in the DDP FIS. The cost of the agreement will be funded from the 2008-09 ($9,620) and 2009-10 ($38,380) City Development Funds, and the Neighborhood and Asset Based Planning Fund of the 2009-10 Community Development Block Grant ($45,000). This is the first initiative within the FIS to work with a local development corporation to comprehensively address a single block and fill gaps in existing general FIS programs. Current efforts in the project area include: marketing existing FIS programs for exterior residential rehabilitation to property owners; using the City’s private demolition process to address blighted properties; through Action for a Better Community, developing a Straub Street block club; and conducting targeted code enforcement. Enhanced street lighting is also being considered. The agreement with NCS will complement these efforts by including the following activities that are ineligible under existing FIS programs: ● Architectural services to design streetscape and individual property enhancements to all sixteen properties in the Straub Street Revitalization area. ● Rehabilitation of 289 Driving Park, a vacant structure that is being renovated as commercial space to house NCS staff. ● Demolition of the structure at 23 Straub Street and the redevelopment of this lot as parking and attractive landscaping for 289 Driving Park. ● Landscaping and improvements to the parking lot at 275 Driving Park, the current NCS office building.

$ 35,000 133,500 32,400 12,500 $213,400

Completion of this project is anticipated in December 2011. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-4 Ordinance No. 2011-6 (Int. No. 19) Authorizing An Agreement For The Straub Street Revitalization Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with NCS Community Development Corporation to design and implement improvements to properties in the Dewey Driving Park Focused Investment Strategy Area through the Straub Street Revitalization Project. Section 2. The agreement shall obligate the City to pay an amount not to exceed $93,000, and of said amount, or so much thereof as may be necessary, $45,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2009-10 Community Development Program, $9,620 shall be funded from the 2008-09 City Development Fund and $38,380 shall be funded from the 2009-10 City Development Fund. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. Councilmember Palumbo moved to discharge Introductory No. 20 from Committee. The motion was seconded by Councilmember Spaull.

NCS is bringing $120,400 to this project in New York State grant sources and private equity.

The motion was adopted by the following vote:

The budget for the project is as follows:

Ayes - President Warren, Councilmember Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9.

Sources CDBG CDF NCS Equity/Grants Total

$ 45,000 48,000 120,400 $213,400

TO THE COUNCIL Ladies and Gentlemen:

TUESDAY, JANUARY 25, 2011

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Ordinance No. 2011-7 Re: Sale and Redevelopment 116 West Main Street

USES:

Transmitted herewith for your approval is legislation authorizing the sale of 116 West Main Street to Plymouth Terrace, LLC (principal: John Summers) for the sum of one dollar ($1.00) for redevelopment as market-rate housing.

SOURCES:

This City-owned property is located at the northwest intersection of West Main Street and North Plymouth Avenue in the Cascade Area Urban Renewal District. The site, approximately 1.5 acre, is currently used as a surface parking lot and is bounded by West Main Street on the south, Scott Alley on the west, Allen Street on the north and North Plymouth Avenue on the east. It is surrounded primarily by commercial and institutional development (see attached map). As part of the City’s continuing revitalization of Center City, a request for proposals for the purchase and redevelopment of the site was issued on November 9, 2009, published in the Democrat & Chronicle, posted on the City’s website, and sent directly to area developers. Proposals were received from two developers: DHD Ventures (Tom Masaschi) and Graywood Development (John Summers). The proposal submitted by Graywood Development was selected based on the proposed development program, economic impact, and the financial strength of the proposal. The proposal includes 24 market-rate 2.5-story townhomes with detached 2-car garages, and commercial development along West Main Street. Each townhome will be approximately 1,850 square feet; slightly larger end-units may be built as the market allows. The commercial development along West Main Street will include a minimum two-story building with a potential mix of office and/or retail space with parking. The City will retain a portion of the site (approximately 3,600 square feet) to be dedicated at a future date as right-of-way, which will connect North Plymouth Avenue to Scott Alley and will be in approximate alignment with Church Street to the east. Accordingly, the development site to be sold will be divided into two segments (north and south) with each segment consisting of multiple parcels as per the proposed subdivision map (see attached subdivision plan). To accommodate a phased development approach, the City will sell the entire parcel, then lease back for one dollar ($1.00) annually any portion of the property that is not immediately needed for construction and/or construction staging, in order to continue existing parking operations on the site. All revenue from continued existing parking operations will go to the City. The sources and uses of funds for the project are as follows:

$ 4,240,000 Construction costs 1,260,000 Soft costs $5,500,000 Total $5,500,000 Developer equity

The appraised value of 116 West Main Street is $1,176,000. The purchase price of $1.00 reflects: 1. Reduction of the cost of development to keep the project economically feasible. Existing conditions on the site will require the developer to incur significant costs associated with environmental and geotechnical remedial measures in order to complete the project. In addition, while development of new owneroccupied market rate residential units in Center City is consistent with the City’s housing market study recommendations, sale prices for such units do not currently support the associated construction costs. Assuming a land purchase of $1,176,000 and four years to complete and sell the townhomes, a return on investment would not be realized within the first 12 years. 2. The retention of the 3,600 square foot parcel on the site by the City for future right-of-way. In addition to the reduced purchase price of the property, it is anticipated that the Core Housing Owner Incentive Exemption (CHOICE) property tax abatement program will be utilized by owners of the townhomes. To support the new development, the City will fund improvements associated with restoration work within existing public right-of-way adjacent to the development site. The funding source for this work is from previously appropriated Cash Capital. Economic benefits of the project include: ● Increasing market-rate residential opportunities in Center City ● Increasing owner-occupied residential units in Center City ● Redevelopment of underutilized land in Center City ● Incremental property tax revenue on existing City-owned property ● Increasing commercial development and job creation along West Main Street ● Stabilization of an historic district within Center City Construction is expected to begin in Spring of 2011, with the first phase of development to be completed within 18 months. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, it has been determined that

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the proposed sale will not result in any significant impacts. A negative declaration has been issued. A public hearing on the sale is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-5 Ordinance No. 2011-7 (Int. No. 20) Authorizing The Sale Of 116 West Main Street To Further The Cascade Area Urban Renewal Plan WHEREAS, the City of Rochester (hereinafter called “City”) has received a proposal from Plymouth Terrace, LLC (hereinafter called “Redeveloper”), for the purchase and redevelopment of 116 West Main Street, as subdivided (hereinafter called the “Parcel”) in the Cascade Area Urban Renewal Project, for commercial and residential development; and WHEREAS, the City desires to sell said Parcel to the Redeveloper for the sum of $1.00 in accordance with Section 507(2)(d) of the General Municipal Law of the State of New York, as amended; and WHEREAS, the appraised value of $1,176,000 for said Parcel is being reduced for the sale in order to support the development of new owner-occupied market rate housing in the Center City and to recognize the significant costs associated with environmental and geotechnical remedial measures needed in order to complete the development and the City’s retention of a strip in the center of the Parcel. The sale will also result in the development of underutilized Center City land, provide tax revenue and job creation, develop commercial uses along West Main Street, and stabilize this historic district; and WHEREAS, the City shall retain a strip of land in the middle of the parcel of approximately 3,600 square feet for right-of-way purposes to connect North Plymouth Avenue to Scott Alley in approximate alignment with Church Street to the east; and WHEREAS, the City shall lease back for the sum of $1.00 any portion of the Parcel not immediately needed for construction and/or construction staging in order to continue existing parking on the site, with all parking revenues going to the City; and WHEREAS, the Redeveloper has been found to be a qualified and eligible sponsor to carry on the redevelopment by the Rochester Urban Renewal Agency. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of 116 West Main Street, SBL #121.22-1-55, as

subdivided, to Plymouth Terrace, LLC for the sum of $1.00, to further the objectives of the Cascade Area Urban Renewal Plan. The City shall retain a strip of land in the middle of the parcel of approximately 3,600 square feet for right-of-way purposes to connect North Plymouth Avenue to Scott Alley in approximate alignment with Church Street to the east. The Mayor is authorized to lease back for the sum of $1.00 any portion of the Parcel not immediately needed for construction and/or construction staging in order to continue existing parking on the site, with all parking revenues going to the City. The lease shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 2. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Miller January 25, 2011 To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation: Int. No. 9 - Resolution Approving Reappointments To The Downtown Enhancement District Advisory Committee Int. No. 10 - Establishing Maximum Compensation For A Professional Services Agreement For The North Union Street Railroad Bridge Project Int. No. 11 - Appropriation Of Funds For Cleanup Of The Former Photech Imaging Site Int. No. 12 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Rochester Rhinos Stadium Project Int. No. 13 - Authorizing An Agreement With The County Of Monroe For Pavement Signs And Markings Int. No. 14 - Establishing Maximum Compensation For A Professional Services Agreement For A Traffic Flow Conversion Study And Amending The 2010-11 Budget The Jobs, Parks & Public Works Committee recommends for consideration the following entitled legislation: Int. No. 15 - Approving A Change In The Traffic Flow Of Kirley Alley From Two-Way To OneWay Eastbound Respectfully submitted, Dana K. Miller Matt Haag Loretta C. Scott Lovely A. Warren JOBS, PARK & PUBLIC WORKS COMMITTEE

TUESDAY, JANUARY 25, 2011

Page 19

Received, filed and published.

of Rochester as follows:

TO THE COUNCIL Ladies and Gentlemen:

Section 1. The Council hereby approves the reappointment of the following persons to the Downtown Enhancement District Advisory Committee:

Resolution No. 2011-3 Re: Appointment - Downtown Enhancement District Advisory Committee Transmitted herewith for your approval is legislation confirming the reappointment of the following six members to the Downtown Enhancement District Advisory Committee, whose terms expired December 31, 2010. Name Affiliation Chris Hill I. Gordon Corporation 28 E. Main St., 14614 Lawrence Davies JP Morgan Chase Bank One Chase Square, 14604 James Costanza Temple Building 14 Franklin St., Suite 1122, 14604 Eileen Broderick Conifer Realty 183 E. Main St, 14604 Wes Plant Thompson Legal Regulatory 50 Broad St. East, 14694 Richard Calabrese Times Square Building 45 Exchange Blvd., 14614 The new terms for these members will extend to December 31, 2012. The committee was established as part of a local improvement assessment district established in 1989. Member properties in the district are assessed a fee to fund enhanced services. The committee is responsible for: monitoring the performance of district services; reviewing the annual budget for the district prepared by the Mayor; and making a recommendation to the City Council with respect to that budget. The committee consists of eleven individuals representing property owners and tenants within the district. Membership is intended to equitably represent large and small properties as well as owners and tenants. Respectfully submitted, Thomas S. Richards Mayor Resolution No. 2011-3 (Int. No. 9) Resolution Approving Reappointments To The Downtown Enhancement District Advisory Committee BE IT RESOLVED, by the Council of the City

Name Affiliation Chris Hill I. Gordon Corporation Lawrence Davies JP Morgan Chase Bank James Costanza Temple Building Eileen Broderick Conifer Realty Wes Plant Thompson Legal Regulatory Richard Calabrese Times Square Building

Expiration 12/31/12 12/31/12 12/31/12 12/31/12 12/31/12 12/31/12

Section 2. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-8 Re: Agreement - Stantec Consulting Services, Inc., North Union Street Rails-to-Trails Project Transmitted herewith for your approval is legislation establishing $98,900 as maximum compensation for an agreement with Stantec Consulting Services, Inc, for engineering design services for the North Union Street RR Bridge “Rails-to-Trails” Conversion Project. The abandoned, City-owned bridge will be converted into a multi-use, single lane connection from the Hebard and Trinidad Streets parking lots to the Public Market; it will also connect the Market to points further west on Scio Street and Portland Avenue. The acquisition of the property was authorized by Council in September 2010 (Ordinance No. 2010-320). This pathway will allow passenger shuttles and pedestrians to cross over the bridge, avoiding the street crossings at the intersection of North Union Street and Trinidad Street, and will enhance the overall aesthetics of the Public Market and surrounding neighborhoods. Proposals for planning and design services were solicited from 18 firms. Eight firms responded: Bergmann Associates, P.C.; Clark Patterson Lee; Fisher Associates; T.Y. Lin International; Hunt Engineers, Architects and Land Surveyors, P.C.; Lu Engineers; LaBella Associates P.C.; and Stantec Consulting Services, Inc. Proposals were rated by department staff, and Stantec was selected based on their qualifications, assigned personnel, overall familiarity and expertise with the scope of the

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planned work. Stantec Consulting Services will provide engineering design services including preliminary planning, final design documents, specifications, and estimates for the bridge conversion and multi-use trail alignments at each approach. The cost of the agreement will be financed from 2008-09 ($45,600), 2009-10 ($33,300) and 2010-11 ($20,000) Cash Capital allocations of the Department of Recreation and Youth Services (Public Market). The estimated cost of construction is $900,000. Initial planning and preliminary design will begin in February 2011, with an anticipated construction completion date of November 2011. Authorization for project construction inspection services will be requested at a later date.

finance the costs of the cleanup of the brownfield site (formerly Photech Imaging) at 1000 Driving Park Avenue. The remaining $40,000 will be used to reimburse the City staff and supply costs related to the project. The Department of Environmental Services is managing the demolition and cleanup process at the former Photech site. The original bond appropriation for the project was approved in June 2006 ($1,714,074). Demolition of buildings on-site was completed in September 2010. Subsurface environmental cleanup is scheduled to be completed in Fall 2011. Environmental cleanup of the site is required to prepare the 12.2 acre site for commercial or industrial redevelopment. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-9 (Int. No. 11)

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-8 (Int. No. 10) Establishing Maximum Compensation For A Professional Services Agreement For The North Union Street Railroad Bridge Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $98,900, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Stantec Consulting Services, Inc. for engineering design services for the North Union Street Railroad Bridge “Rails-To-Trails” Conversion Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $45,600 shall be funded from the 2008-09 Cash Capital allocation, $33,300 shall be funded from the 2009-10 Cash Capital allocation and $20,000 shall be funded from the 2010-11 Cash Capital allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-9 Re: Appropriation of US Environmental Protection Agency Grant Funds Environmental Cleanup, 1000 Driving Park Avenue Transmitted herewith for your approval is legislation appropriating $200,000 of United States Environmental Protection Agency (USEPA) Brownfield Redevelopment cleanup grant funds. A portion of these funds, $160,000, will be used to partially

Appropriation Of Funds For Cleanup Of The Former Photech Imaging Site BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $200,000 is hereby appropriated from United States Environmental Protection Agency Brownfield Redevelopment Cleanup Grant Funds to finance a portion of the City costs and Bond Ordinance No. 2006-151 for the cleanup of the former Photech Imaging Site at 1000 Driving Park Avenue. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-10 Re: Amendatory Agreement - Populous Architects P.C., Rochester Rhinos Stadium Construction Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Populous Architects P.C. for additional architectural design services related to construction of the Rochester Rhinos Stadium. This amendment will increase the amount of the agreement by $19,100 to a total of $349,100. The original agreement was authorized in September 2008 (Ord. No. 2008-325) and amended in September 2009 (Ord. No. 2009296). The additional consultant fee is for added time required to complete the project as a result of the extensive value engineering necessary to bring the project within budget, as well as to investigate a warranty issue. The agreement is funded from the $4,000,000

TUESDAY, JANUARY 25, 2011 Dormitory Authority of the State of New York (DASNY) grant for stadium purposes. Revised expenses under the grant are as follows: Firm Purpose Original Amount

Final Amount

Populous Architects, PC Engineering design $ 300,000 $ 349,100 LeChase Construction/construction management 3,700,000 3,451,045 Dant Clayton Load vertification 0 6,500 Various vendors Furniture, fixtures and equipment 0 191,146 SJB Services Material testing 0 2,209 $4,000,000 $4,000,000 Construction of the press box and build-out of suites was completed in May 2010. The remaining furniture, fixtures and equipment and construction budgets will be used to construct team locker rooms, the final stage of the project, which will be completed by fall 2011.

Page 21 Transportation Signage Transmitted herewith for your approval is legislation authorizing an inter-municipal agreement with Monroe County for the provision of transportation signs and markings for roads within the City. This agreement will supersede the 1991 pavement markings agreement with Monroe County (Ord. No. 91129). This agreement will allow the City to utilize the County Department of Transportation, upon request, for the installation of pavement markings, and fabrication and installation of traffic signage. Signage is related to traffic control features not currently incorporated under the 1971 traffic agreement with the County. The cost for these services shall be provided at specific unit prices. The term of the proposed agreement is five years, with five additional five-year extensions upon written confirmation of continued participation by the City and County Departments of Environmental Services. This agreement is not inclusive of wayfinding signage; separate authorization for an agreement with the County will be sought in spring 2011. Respectfully submitted, Thomas S. Richards Mayor

Respectfully submitted, Thomas S. Richards Mayor

Ordinance No. 2011-11 (Int. No. 13) Ordinance No. 2011-10 (Int. No. 12)

Authorizing An Agreement With The County Of Monroe For Pavement Signs And Markings

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Rochester Rhinos Stadium Project

BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $19,100, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Populous Architects P.C. for architectural design services for the Rochester Rhinos Stadium Project. Said amount shall be funded from anticipated reimbursements from the Dormitory Authority of the State of New York to fund the Rochester Rhinos Stadium Project which were appropriated in Section 2 of Ordinance No. 2009-61.

Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for the provision of transportation signs and markings for roads within the City. The agreement shall extend for a term of five years, with five additional five-year extensions upon mutual consent, and shall replace the agreement authorized by Ordinance No. 91-129. Section 2. The agreement shall obligate the City of Rochester to pay unit prices as approved by the City Engineer. Said amounts shall be funded from annual Budgets of the Department of Environmental Services, contingent upon approval of subsequent budgets.

Section 2. This ordinance shall take effect immediately.

Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Passed unanimously.

Section 4. This ordinance shall take effect immediately.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously.

Ordinance No. 2011-11 Re: Agreement - Monroe County,

TO THE COUNCIL Ladies and Gentlemen:

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TUESDAY, JANUARY 25, 2011

Ordinance No. 2011-12 Re: Agreement - The Laberge Group, Clinton Avenue and St. Paul Street/South Avenue Two-Way Conversion Study Transmitted herewith for your approval is legislation related to the North/South Clinton Avenue and St. Paul Street/South Avenue Two-Way Conversion Study. This legislation will: 1. Establish $65,000 as maximum compensation for an agreement with The Laberge Group, Albany, NY, for planning and traffic engineering services; 2. Amend the 2010-11 Budget by transferring $5,000 from Contingency to Cash Capital to fund the local share of the agreement; and 3. Appropriate $60,000 in anticipated reimbursements of Federal Highway Administration Planning funds received through a grant from the Genesee Transportation Council (GTC) to fund the remainder of the agreement. This study will determine the feasibility of converting St. Paul Street/South Avenue and North/South Clinton Avenue between Byron Street and the Inner Loop Expressway/Cumberland Street to two-way traffic to improve neighborhood accessibility and walkability. The Laberge Group will analyze existing multi-modal traffic conditions, forecast future conditions, and ultimately produce a draft conceptlevel plan for implementation including necessary traffic signal modifications, roadway geometric changes, parking impacts, bicycle/pedestrian enhancements, and related costs.

Establishing Maximum Compensation For A Professional Services Agreement For A Traffic Flow Conversion Study And Amending The 2010-11 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $65,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and The Laberge Group for planning and traffic engineering services for the North/South Clinton Avenue and St. Paul Street/South Avenue Two-Way Conversion Study. Of said amount, $5,000 shall be funded from the 2010-11 Cash Capital allocation and $60,000 is hereby appropriated from anticipated reimbursements from the Federal Highway Administration received through a grant from the Genesee Transportation Council. Section 2. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $5,000 from the Contingency Account to the Cash Capital allocation to fund the agreement. Section 3. This ordinance shall take effect immediately. Passed unanimously. Councilmember Miller moved to return Introductory No. 15 to Committee. The motion was seconded by Councilmember Haag. The motion was adopted by the following vote:

A request for proposals was published in the New York State Contract Reporter, and resulted in six responses: C&S Companies; The Laberge Group; Passero Associates; Stantec Consulting, Inc.; T.Y. Lin International; and The Cecil Group. Proposals were reviewed by City staff as well as representatives from Monroe County, RGRTA, and GTC. Based on the qualifications and technical expertise of the firm and its personnel as well as the proposed approach to the project, The Laberge Group was selected. Using the American Reinvestment and Recovery Act (ARRA) guideline of $92,000 as the value of one job created or retained, this project will result in 0.7 jobs. Planning and engineering services will begin in Winter 2011 with scheduled completion in Winter 2012.

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Introductory No. 15 Re: Authorizing a Traffic Flow Change Kirley Alley Eastbound One-Way Transmitted herewith for your approval is legislation authorizing a change in the direction of traffic flow on Kirley Alley between Alexander Street and Walton Street from two-way traffic to one-way eastbound traffic. The Kirley Alley eastbound one-way is requested as a traffic safety measure by residents whose parking is accessed via the alley. Kirley Alley is too narrow to safely accommodate two-way traffic. The change to eastbound one-way was endorsed by the City’s Traffic Control Board at its December 7, 2010 meeting.

Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-6 Ordinance No. 2011-12 (Int. No. 14)

A public hearing on the change in traffic flow is

TUESDAY, JANUARY 25, 2011

Page 23 Re: NYS Division of Criminal Justice Services Grants

required. Respectfully submitted, Thomas S. Richards Mayor Introductory No. 15 APPROVING A CHANGE IN THE TRAFFIC FLOW OF KIRLEY ALLEY FROM TWO-WAY TO ONE-WAY EASTBOUND BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a change in the traffic flow of Kirley Alley between Alexander Street and Walton Street from two-way to one-way eastbound. Section 2. This ordinance shall take effect immediately. Held in Committee. By Councilmember McFadden January 25, 2011 To the Council: The Public Safety, Youth & Recreation Committee recommends for adoption the following entitled legislation: Int. No. 16 - Authorizing An Application And Agreement For The Motor Vehicle Theft And Insurance Fraud Prevention Program And Amending The 2010-11 Budget Int. No. 17 - Authorizing An Application And Agreement For The Juvenile Accountability Conferencing Program Int. No. 18 - Authorizing An Application And Agreement For The STOP Violence Against Women Program The following entitled legislation is being held in Committee: Int. No. 21 - Amending Chapter 99 Of The Municipal Code, Relating To Shooting Ranges Respectfully submitted, Adam C. McFadden Matt Haag Jacklyn Ortiz Lovely A. Warren PUBLIC SAFETY, YOUTH & RECREATION COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-13, Ordinance No. 2011-14 and Ordinance No. 2011-15

Transmitted herewith for your approval is legislation authorizing agreements with the New York State Division of Criminal Justice Services (DCJS) for the application for, and receipt and use of grants totaling $137,110, under the following programs, and amending the 2010-11 Budget by $22,000 to reflect a portion of these funds. Motor Vehicle Theft and Insurance Fraud Prevention (MVTIFP) January 1 - December 31, 2011 MVTIFP provides $44,336 for the reduction of auto theft and insurance fraud and supports Police Department deployment in high theft areas and increased investigations of insurance fraud. The grant will also be used to train police officers in specialized anti-theft techniques and technology. The previous MVTIFP award was authorized by City Council in January 2010. During the last grant period, there were over 1900 investigations of auto theft opened, with over 620 arrests made and over $620,000 in stolen vehicles recovered. No local match is required for this grant. An amendment to the 2010-11 Budget of the Police Department of $22,000 is required to reflect the prorated amount of the grant for this fiscal year. The remaining funds will be included in the proposed 2011-12 Budget of the Police Department. Juvenile Accountability Block Grant (JABG) January 1 - December 31, 2011 JABG provides $13,933 under the Balanced and Restorative Justice program and will be used to continue the Juvenile Accountability Conferencing Program. The Program evaluates juvenile offenders for eligibility for diversion, and enables the juveniles to make amends to the victims and the community. This is the 13th year of JABG funding. The previous award was authorized in January 2010. The recidivism rate for the most recent grant period during which over 100 youth participated, is approximately 9% - one of the lowest in the country. The grant and required 10% local match were anticipated in the 2010-11 budget, thus no budget amendment is required. Stop Violence Against Women Act (VAWA) January 1 - December 31, 2011 The VAWA award of $78,841 is an increase of approximately 10% over last year. The program helps ensure the immediate safety of victims of domestic violence and helps them find safe housing. Services include contacting victims prior to the arraignment of the perpetrators, and offering legal advocacy and follow-up services to ensure their continued safety. Over 500 domestic violence victims in high-risk targeted police patrol areas and over 150 domestic violence victims who are identified by reviewing Domestic Violence Incident Reports have been helped during the past year. The funding partially reimburses the cost of three counselors and support costs in the Family and Victim Services Section of the Police Department. This is the City’s 12th year of funding. The previous award was authorized in January 2010. The funding under this program was anticipated in the 2010-

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TUESDAY, JANUARY 25, 2011 Ordinance No. 2011-15 (Int. No. 18)

11 Budget, thus no budget amendment is needed. No local match is required.

Authorizing An Application And Agreement For The STOP Violence Against Women Program

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-13 (Int. No. 16)

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Authorizing An Application And Agreement For The Motor Vehicle Theft And Insurance Fraud Prevention Program And Amending The 2010-11 Budget

Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the New York State Division of Criminal Justice Services for funding for the 2011 STOP Violence Against Women Program.

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the New York State Division of Criminal Justice Services for funding for the 2011 Motor Vehicle Theft and Insurance Fraud Prevention Program. Section 2. The application and agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Police Department by the sum of $22,000, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein. Section 4. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2011-14 (Int. No. 17) Authorizing An Application And Agreement For The Juvenile Accountability Conferencing Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the New York State Division of Criminal Justice Services for funding under the Juvenile Accountability Block Grant (JABG) for the 2011 Juvenile Accountability Conferencing (JAC) Program. Section 2. The application and agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously.

Section 2. The application and agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Introductory No. 21 Re: Municipal Code Amendment Shooting Ranges Transmitted herewith for your approval is legislation amending the Municipal Code to revise licensing provisions related to Shooting Ranges. While there are currently no existing shooting ranges in the city, Chapter 99 which covers the licensing of them has not been updated in many years, and is in need of updating to reflect advances in firearms and the shooting range industry. The proposed amendments overall are intended to ensure the safety of patrons of a shooting range as well as the general population who reside or do business in the vicinity of a facility. Included are the following: ● Banning outdoor shooting ranges. There are no sites within the city that would provide adequate space for safe operation. ● Requiring licenses for ranges and recordkeeping requirements. ● Requiring a certified Range Master, a Firearms Instructor, or a Range Safety Officer on site and actively in control of the shooting range whenever open to the public or the range is in use. ● Regulating the security, hours, location, safety and operation of shooting ranges to protect employees, patrons and nearby citizens. ● Regulating the weapons that can be used and requiring the proper permits. ● Requiring insurance of $500,000.

TUESDAY, JANUARY 25, 2011 ● Making the license non-transferrable. ● Enhancing the requirements for licensing, including requiring the applicant to submit certified stamped drawings by licensed design professionals regarding containment, capacity, ventilation and sound. ● Requiring the submission of a detailed safety plan. Referral of violations to the Municipal Code Violations Bureau, and the penalties provided therefore, require the approval of the City Court.

Page 25 No person or persons, firm or corporation shall maintain, operate or cause to be maintained or operated any shooting range, shooting gallery or target range as herein defined, unless such person, persons, firm or corporation shall first obtain a license to do so from the Chief of Police. §99-3. Exempt ranges. The provisions of this article shall not apply to shooting ranges not open to the public which are utilized solely for law enforcement and/or governmental purposes. §99-4. Application.

Respectfully submitted, Thomas S. Richards Mayor Introductory No. 21 AMENDING CHAPTER 99 OF THE MUNICIPAL CODE RELATING TO SHOOTING RANGES BE IT ORDAINED, by the Council of the City of Rochester as follows:

A. An application for a shooting range license shall be made by the owner and operator, if other than owner, on forms provided by the Chief of Police and filed with the City Clerk. The application shall be signed and sworn to before a notary public or other official authorized to administer oaths in the City. It shall also require the following information: (1)

The name, address and date of birth of the applicant and manager, if any, the names and addresses of all persons constituting a firm or partnership and, if a corporation, its principal place of business, the full name of such corporation, whether it is domestic or foreign, and the full name and address of all officers and directors thereof. Where the owner is not directly involved with the day-to-day operation of said business, the operator must also be included on the application. If a partnership, corporation or other business entity is involved, the application must designate an operator who is involved in the day-to-day operation of the business. All addresses of persons involved shall be home addresses, listing street and number.

(2)

The address of the premises for which a license is sought.

(3)

The type and caliber of arms proposed to be used along with certified, stamped drawings by a licensed design professional providing a description of the manner and plan for stopping and controlling bullets or other ammunition proposed to be used and ensuring that they be contained. This includes, but is not limited to: The backstop which should include the full width of the room, the sides of the room, ceiling and shooters’ booths so as to prevent any interference between or among the person shooting at different targets. Upon renewal of a shooting range license, the licensee shall submit an inspection report from a licensed design professional certifying that the bullet containment system has been properly

Section 1. Chapter 99 of the Municipal Code, Shooting Galleries, as amended, is hereby further amended to read in its entirety as follows: Chapter 99. SHOOTING RANGES. §99-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: FIREARM - A handgun, rifle, shotgun or air gun, with the latter three as they are defined in §47-5 of the Code of the City of Rochester. HANDGUN - Any commercially made pistol or revolver. MACHINE GUN, SUBMACHINE GUN OR FULLY AUTOMATIC WEAPON - Unless a context otherwise requires, the terms mean a firearm, mechanism or instrument not requiring that the trigger be pressed for each shot, and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired there from at a rate of five (5) or more shots to the second. NEGLIGENT DISCHARGE - The unintentional, abrupt discharge of a firearm by the person holding the gun when the sights are not imposed on the desired point of impact of the target. SHOOTING RANGE - Any indoor place or range for shooting and discharging firearms at a target. Outdoor shooting ranges are prohibited in the City. §99-2. License required.

Page 26

(4)

(5)

TUESDAY, JANUARY 25, 2011 maintained, is operating as designed, and is in compliance with the applicable Federal, State and local standards.

(10) The name, address and date of birth of any and all Range Masters, Firearm Instructors and/or Range Safety Officers.

Submission of a certified report from a licensed design professional demonstrating that a positive flow ventilation system shall be installed prior to use and that such a system shall be adequate to remove contaminants in the air so as not to endanger the health of users, coaches, spectators or employees. This report shall include, but not be limited to: Low airflow sensors and that the supply and exhaust fans are synchronized. Upon renewal of a shooting range license, the licensee shall submit an inspection report from a licensed design professional certifying that the ventilation system has been properly maintained, is operating as designed, and is in compliance with the applicable Federal, State, and local standards.

(11) Provide the hours of operation.

Submission of a certified report from a licensed sound engineer that demonstrates that adequate noise baffling or buffering shall be installed to prevent injury to the hearing of unprotected persons outside of the area where firearms are actually being discharged and to prevent disturbance to the neighborhood surrounding the shooting range. Sound readings after the installation of the noise baffling or buffering shall be required as prescribed by the Chief of Police or his or her designee.

(6)

Whether the applicant has ever been convicted of any felony involving violence or intimidation, or the use of firearms or any offense related to the use, control, possession or sale of firearms within ten (10) years of the date of application.

(7)

Whether the applicant is a person prohibited from possessing firearms as provided by Article 265 of the New York State Penal Law.

(8)

Whether any ammunition or firearms will be sold or leased from the premises and, if so, a copy of any and all permits issued from the Federal Bureau of Alcohol, Tobacco and Firearms and a written plan explaining how compliance with §47-4 of the Code of the City of Rochester will be ensured.

(9)

Whether the applicant or any officer, manager or employee has previously been involved in the purchase or sale of a shooting range or gallery including outdoor ranges and galleries and, if so, the name of the business, its location and the dates of involvement.

(12) Submit a proposed, signed safety plan which includes, but is not limited to, sections that contain the operations checklist, identify and demonstrate compliance with all applicable Federal, State and local firearms laws, and contain the general, gun handling and safety rules for the range. (13) Applications shall only be accepted where all information requested has been supplied and verified for accuracy. Anyone currently serving a period of suspension or revocation, or who has had an application for a shooting range license denied, is ineligible to apply for a shooting range license during a period of suspension or for a period of one (1) year from the date of revocation or denial. The applicant(s) must also demonstrate to the Chief of Police that he or she has procured all necessary licenses and permits for the business. (14) Upon receipt of an application for a shooting range license, and after approval for Zoning Code compliance by the Director of Planning and Zoning, the Chief of Police shall cause an inspection to be made of the applicant's business premises to determine whether public safety problems exist, and the Chief of Police shall cause an investigation to be made of the background of the owner and operator of the business. Before the issuance of a license, the Chief of Police, and his or her representatives, shall have the right to enter upon such premises during normal business hours for the purpose of making inspections. After a license has been issued, further inspections of the premises, to ensure compliance with the laws, ordinances and rules and regulations relating to shooting range businesses, may be made in areas open to the public or other areas with consent, and the Chief of Police shall have the authority to seek warrants where the same are constitutionally required. (15) The Chief of Police shall cause an application to be administratively canceled if an application is not complete, if the applicant fails with respect to the business or business premises, upon receipt of written notice and time to cure, to abate code violations or to pay any outstanding judgments rendered by the Municipal Code Violations Bureau or to complete a building permit or zoning application.

TUESDAY, JANUARY 25, 2011 (16) Any changes in any facts or information required on said application occurring after filing thereof shall be reported by the licensee in writing to the Chief of Police within five (5) days of the change. (17) The applicant shall place his or her fingerprints on file with the Chief of Police. (18) Such applications shall further contain such additional information as the Chief of Police, in his or her discretion, shall deem necessary. §99-5. Additional inspections. The Fire Chief may cause an inspection of the premises to be made to determine whether the applicant is in compliance with the laws and ordinances which the Rochester Fire Department is charged with enforcing. The Fire Chief, and members of his or her staff, shall have the right to enter upon any premises for which a shooting range license is sought when the business is open for the purpose of making such an inspection of areas open to the public, or other areas with consent, and shall also have the authority to seek warrants where the same are constitutionally required. §99-6. Bonds or insurance. A. Each application for a shooting range shall be accompanied by a certificate of liability insurance policy issued by an insurance company authorized to do business in New York State and shall be in full force and effect in the amount of $500,000 for bodily injury to any one person; in the amount of $500,000 for bodily injury to more than one person which were sustained in the same accident, and in the amount of $500,000 for property damage resulting from one accident.

Page 27 B. The owner, operator and employees of any shooting range business shall be of good moral character and shall maintain good order on the business premises at all times. C. Except as provided in New York Correction Law, Article 23-A, the Chief of Police reserves the right to deny a shooting range license to any person who has pled guilty to or has been convicted of any crime which is related to the operation of the business. D. No shooting range license shall be issued unless the applicant and business have fully complied with the provisions of this article and have obtained all necessary licenses and permits for the operation. No shooting range license shall be issued to a premises while charges are pending pursuant to §3-15 of the City Charter, or while any other nuisance abatement proceeding or action is pending against the premises or owner or operator. E. No shooting range license shall be issued unless the business premise is in compliance with the Municipal Code. F. No shooting range license shall be issued to any business or applicant against whom judgment has been rendered by the Municipal Code Violations Bureau relating to the business or business premises, which judgment has not been satisfied. G. No shooting range license shall be issued for a period of one (1) year after the applicant has been found guilty of operating a business without a shooting range license. H. No shooting range license shall be issued unless the applicant can demonstrate compliance with §40 of the New York State Civil Rights Law. I.

B. Each liability insurance policy shall contain a clause obligating the insurer to give the City Clerk, by certified mail, at least ten (10) days written notification before the cancellation or termination of such insurance by other than the expiration of the original term of the policy. Upon termination of any such policy of insurance or expiration of such policy without renewing it, however caused, the license of the shooting range in connection with which it was furnished shall immediately be suspended, and such suspension shall continue until the required insurance policy has been restored. §99-7. Issuance of shooting range license. A. All new applications for a shooting range license, as of the effective date of this article, shall be issued or denied within thirty (30) days after a fully completed application has been accepted and an inspection has found the premises to be code compliant.

It shall be the duty of all holders of a shooting range license to notify the Chief of Police of any changes in information supplied on their license applications within twenty (20) days of such changes.

§99-8. Fee. The annual fee for a license to conduct or operate a shooting range shall be $350. Payment of the fee shall be due upon application for the license. There shall be a fee of $10 for replacement of a lost license. §99-9. Expiration of license. All licenses issued under this chapter for a period exceeding thirty (30) days shall expire December 31 after issuance. §99-10. Proper supervision. A. There shall be a certified Range Master, a Firearms Instructor or a Range Safety Of-

Page 28

TUESDAY, JANUARY 25, 2011

ficer on site and actively in control of the shooting range whenever open to the public or the range is in use.

(3)

Ensures the overall safety and efficient operation of the ranges;

(4) Coordinates range schedules; B. Range Masters, Firearm Instructors or Range Safety Officers shall have been trained by and have a valid current certification from one of the following organizations: (1)

(2)

FIREARMS INSTRUCTORS: National Rifle Association (NRA), New York State - Division of Criminal Justice Services (NYS-DCJS), International Association of Law Enforcement Firearms Instructors (IALEFI), Smith & Wesson Academy, SIG Arms Academy, any U.S. Federal Law Enforcement Agency (FBI, FLETC, ICE, USSS, ATF, USBP), any U.S. Military Agency (Army, Navy, Marines, Air Force, Coast Guard, National Guard). RANGE SAFETY OFFICERS: National Rifle Association (NRA), International Defensive Pistol Association (IDPA), International Practical Shooting Association (IPSC), United States Practical Shooting Association (USPSA).

(5) Enforces range safety rules and regulations; (6) Interacts with local, state and federal authorities as needed; (7) Assists in the sighting of firearms and the maintaining of proper firing positions; (8) Administers written and shooting proficiency tests; (9) Maintains complete records on individual shooters for safety and proficiency; (10)Inspects, maintains and repairs firearms as needed; (11)Maintains inventory of weapons and ammunition; (12)Safely stores and issues firearms and ammunition as needed. §99-11. Operation of shooting ranges.

(3)

RANGE MASTER: SIG Arms Academy, Smith & Wesson Academy, Action Target Academy, any U.S. Military Agency and any Federal Law Enforcement Agency.

C. Range Masters, Firearm Instructors or Range Safety Officers shall also: (1)

Be a person of good moral character and be at least twenty-one (21) years of age.

(2)

Not have ever been convicted of any felony involving violence or intimidation, or the use of firearms or any offense related to the use, control, possession or sale of firearms within ten (10) years of the date of application.

(3)

Not be a person prohibited from possessing firearms as provided by Article 265 of the New York State Penal Law.

D. There shall be at least one (1) Range Master, Firearms Instructor or Range Safety Officer for every five (5) shooters. E. Duties of a Range Master, Firearms Instructor or Range Safety Officer who is in charge of the range should include, but shall not be limited to, the following: (1)

Has responsibility for the coordination, organization, direction and supervision of range activities and personnel;

(2)

Conducts firearms training activities;

A. There shall be furnished a railing not less than 2 1/2 feet from the face of the shooting counter and to extend the full width of the shooting unit and so constructed with gate that no one is admitted to the shooting counter but the shooter and attendant, the gate to swing away from the shooter. B. No minors under the age of sixteen (16) years shall be permitted to handle or discharge any firearms upon the premises unless they qualify for one of the exemptions set forth in §265.20 of the New York State Penal Law. Persons under the age of eighteen (18) years utilizing the shooting range shall be accompanied and supervised by a parent or legal guardian. C. The use of handguns shall not be permitted unless the shooter has a valid N.Y.S. Pistol Permit or falls under one of the exemptions set forth in §265.20 of the New York State Penal Law. D. All doors, gates and entrances leading into that part of the premises between the firing point and the backstop shall be securely locked and alarmed and no person shall be permitted therein at any time persons are engaged in shooting or have access to the firearms used. Attendants and employees may, however, enter said part of the premises between the firing point and the backstop while shooting is not in progress. E. No new shooting range shall be located nearer than 1,000 feet from any entrance to

TUESDAY, JANUARY 25, 2011 any school, church or hospital or in any location which, in the opinion of the Chief of Police, will result in the annoyance of any nearby resident. F. All rented firearms shall be maintained in a safe, operational condition per initial manufacturer’s specifications. G. A semi-monthly test must be made of all firearms rented and a certificate obtained from a New York State licensed gunsmith as to accuracy and operational safety of the guns. Certificates shall be maintained for three (3) years and available for inspection by any member of the Rochester Police Department. H. The ammunition used shall be smokeless. No black powder firearms shall be permitted. I.

Such shooting range, as is licensed under this chapter, shall be open only between the hours of 9:00 a.m. and 11:00 p.m.

J.

The shooting range shall be properly and adequately ventilated at all times.

Page 29 drugs, or controlled substances as defined by Article 220 of the New York State Penal Law, shall be allowed on the premises. R. No licensee, his or her manager, employees, and/or agents, shall permit use of a weapon or ammunition whose penetration capabilities exceed the capabilities of the backstop to contain the bullets or particles of bullets as prescribed by the certified design professional in the report submitted in support of the license application. §99-12. Ballistic security. A professionally designed and commercially fabricated bullet trap and/or backstop shall be installed in all shooting areas which is constructed in a manner approved by the Chief of Police. It shall be constructed of forged steel or other material capable of stopping the flight of any bullet and preventing penetration. Provisions shall be made to stop glancing or stray bullets or particles of bullets at the sides of the target area. §99-13. Presence of bystanders.

K. Attendants shall wear a uniform brassard or other distinguishing mark to identify them as employees of the licensee. L. Before being employed, the fingerprints of all range employees shall be placed on file with the Chief of Police. M. No gambling, betting or wagering shall be permitted upon the premises, nor shall any licensee violate any law of the State of New York or ordinance of the City of Rochester in the maintenance and operation of the licensed premises. N. In the event that any person presents a handgun without a New York State pistol permit, a handgun that is not listed on the individual’s New York State pistol permit, a firearm or assault weapon in violation of §47-5 of the Code of the City of Rochester, or an unlawful weapon as defined in Article 265 of the New York State Penal Law, at any shooting range, or any person acts in violation of §47-5 of the Code of the City of Rochester, it shall be the duty of the licensee, or his or her employee, agent or servant, to immediately report the incident by calling 911. O. Premises used for a shooting range or gallery shall be kept in a clean and sanitary condition. P. No smoking shall be allowed within the shooting range or gallery. Q. No alcoholic beverages shall be possessed or consumed on the premises and no person under the influence of alcohol, mind-altering

Persons not shooting or coaching shooters shall not be permitted within the immediate area of the shooting range or gallery unless a secure and separate viewing area is constructed pursuant to a building permit using plans certified by a licensed design professional. §99-14. Storage and transportation of firearms. All firearms shall be stored and/or transported in an unloaded condition and in a secured case, holster, cabinet or vault and in compliance with State and local laws, including Section 47-5 of the Code of the City of Rochester. §99-15. Access under continuous control. Access for entrance to the shooting range shall be under continuous control, monitoring and supervision by the licensee, agents and/or employees. No person shall be allowed to enter the shooting range without authorization and permission of the licensee, authorized agent or employee. §99-16. Premises security. The parking lot of a shooting range shall be well lit and monitored by a New York State licensed security guard at all times that the range is open. §99-17. Ammunition and weapons prohibited. A. No person shall use or permit to be used any armor piercing or other ammunition designed for penetrating metal, or tracers, incendiary, gas or explosive ammunition within any shooting range governed hereunder. B. No person shall use or permit to be used any fully automatic weapons or weapons prohibited by §47-5 of the Code of the City of Rochester within any shooting range gov-

Page 30 erned hereunder. C. Pursuant to Article 265 of the New York State Penal Law, only New York State Pistol Permit holders are permitted to shoot handguns at the shooting range unless the shooter falls under one of the exemptions set forth in §265.20 of the New York State Penal Law. §99-18. Reporting requirements. All negligent discharges that cause damage to any article of the range or any injury caused by the discharge of a firearm to any person will be reported immediately to the Rochester Police Department by calling 911. §99-19. Record-keeping responsibilities. Every shooting range licensee shall keep a substantially bound book, not less than six (6) inches in either length or width, in which shall be legibly written in ink and in English at the time any individual requests to shoot at the range and shall document the date and time and describe the name, age, residence, general description and signature of the person requesting to shoot, a description of the weapon including make and serial number of the weapon to be fired, and shall make a photocopy of the person’s identification card along with his or her N.Y.S. Firearms Permit if firing with a handgun, and also, in the case of a minor shooting under one of the exceptions under §265.20, a photocopy of the supervising adult’s, the accompanying parent’s or legal guardian’s identification. All such record books shall be open to inspection by any member of the Rochester Police Department during hours of operations stated on the license application. No entry in such book shall be erased, obliterated, altered or defaced and such book shall be maintained for a period of three (3) years from the date of the entry.

TUESDAY, JANUARY 25, 2011 press standards, purposes and intent of this chapter, promulgate, adopt and issue such interpretations, procedural rules, regulations and forms as are in the Chief of Police's opinion necessary to effective administration and enforcement of the provisions of this chapter. These interpretations, rules, regulations and forms shall be available to the public at the License Clerk's Office, City Hall, Room 100A. Such rules, regulations and forms shall be effective upon filing with the City Clerk as a communication to the City Council. §96-24. Transfer of business permit. A. Shooting range licenses shall not be transferred. In the event of any change involving the owner or operator of the business, the type of business, the name of the business or the business location, a new shooting range license shall be required. A shooting range license shall not be transferred to any person who holds power of attorney. B. A shooting range license shall be deemed null and void when the licensee is not found operating the business for a period of one (1) month and fails to respond in person to the Chief of Police, or his or her designee, after having been sent a seven (7) day notification letter. §99-25. Denial of license. A. The Chief of Police may deny a license or deny the renewal of a license to any applicant who does not comply with the provisions of this chapter or any rule or regulation promulgated under this chapter or who makes a material misrepresentation on the license application. The Chief of Police shall give a written notification to an applicant of the reasons for the denial of a license.

§99-20. Shooter to provide true name. An individual who shoots or is supervising a minor at the range shall give to the range employees his or her true name, age and home address, which shall be verified by a New York State Driver’s License, New York State Non-Driver’s Identification Card, Police Identification Card or other means of identification approved by the Chief of Police. §99- 21. Proper disposal of waste. All waste material generated at the range will be managed and timely disposed of in accordance with all Federal and State hazardous waste regulations.

B. When the investigation conducted, pursuant to §99-5, reveals that the applicant has violated either Federal, State or local laws or rules and regulations, the Chief of Police may authorize the issuance of a conditional certificate. The conditional certificate shall state the grounds for the conditional certificate, the conditions under which the applicant shall operate his or her business, be signed by the applicant, and contain a provision which provides that any violation of the conditional certificate, as solely determined by the City of Rochester, shall be deemed to be grounds for revoking the conditional certificate.

§99-22. Compliance with applicable laws. The conduct and operation of any shooting range shall be in compliance with any and all Federal, State and/or local laws, rules, codes and/or regulations. §96-23. Promulgation of rules and regulations. The Chief of Police shall, consistent with the ex-

C. The Chief of Police shall have the power to investigate and inquire into license applicants under this chapter and to require and enforce by subpoena the attendance of witnesses at such investigations. §99-26. Revocation or suspension of license.

TUESDAY, JANUARY 25, 2011 - TUESDAY, FEBRUARY 22, 2011 A. The Chief of Police and/or the Chief of the Fire Department shall revoke any license issued hereunder if the licensee has, since the granting of the same: (1) Ceased to possess the qualifications required for an applicant for a license as set out herein. (2) Been convicted of violating any of the provisions of this article. (3) Conducted the business in violation of health, sanitary or safety regulations or other ordinances of the City. (4) The Chief of Police shall revoke, without a hearing, the license of any person found guilty of five (5) or more violations of this chapter during any period of two (2) years. Nothing herein shall prevent the Chief of Police from revoking a license of any person with fewer than five (5) violations, on written charges and an opportunity for a hearing thereon, pursuant to §68-10 of the Municipal Code. §99-27. Additional regulations; penalties for offenses.

Page 31 Initial Penalty

First Offense Second Offense Third and Subsequent Offenses

Penalty Upon Default

$200 $400

$ 400 $ 800

$600

$1,200

Section 3. This ordinance shall take effect on February 14, 2011. Referral of violations to the Municipal Code Violations Bureau, and the penalties provided therefor, shall take effect upon the approval of the City Court. Held in Committee. The meeting was adjourned at 8:50 pm DANIEL B. KARIN City Clerk ***** REGULAR MEETING FEBRUARY 22, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9 Absent - None - 0.

A. Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties set forth in §13A-11H of the Municipal Code. B. Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter. C. Violations of the licensing provisions of this chapter may be enforced pursuant to Chapter 68 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter. §99- 28. Severability. Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect and, to this end, the provisions of this chapter are declared to be severable. Section 2. Section 13A-11 of the Municipal Code, Penalties for offenses, as amended, is hereby further amended by amending subsection H thereof to read in its entirety as follows: H. Fines and penalties for any violation of Chapter 75, Noise, and Chapter, 99 Shooting Ranges, of the Municipal Code, shall be as follows:

The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Recreation & Youth Services *Laura Ferguson John Kerr Finance Department *Jennifer Strauss Police Department *Efrain Gonzalez Eric R. Kmentt *Jeanne M. Marciano *Donald McKeeby, Jr. *Did not attend meeting. APPROVAL OF THE MINUTES By Councilmember Palumbo RESOLVED, that the minutes of the Special Meeting of January 6, 2011 and the Regular Meeting of January 25, 2011 be approved as published in the official sheets of the Proceedings. Passed unanimously. COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS. The following communications are hereby directed to be received and filed:

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TUESDAY, FEBRUARY 22, 2011

The Mayor submits the following: Administrative Cancellation or Refund of Erroneous Taxes and Charges 4040-11 Public Disclosure - CDBG Participation (2) 4041-11, 4042-11 Public Disclosure - HOME Participation 4043-11 PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES.

WHEREAS, Robert J. Duffy, the elected Mayor of the City of Rochester, resigned as Mayor on December 31, 2010 in order to take office as the Lieutenant Governor of the State of New York; and WHEREAS, Thomas S. Richards, as the Deputy Mayor at the time of the resignation of Mayor Duffy, pursuant to Section 3-2 of the City Charter, assumed the power and duty to act as Mayor until the vacancy in the office of Mayor is filled as provided in the City Charter; and

None presented PUBLIC HEARINGS. Pursuant to law public hearing will now be had on the following matter: Changing The Zoning Classification Of 210 And 218 Portland Avenue And 34 And 38 Central Park From R-2 Medium Density Residential To C-2 Community Center Int. No. 40 No speakers. Changing The Zoning Classification Of 442-444 And 446-448 Atlantic Avenue And 15 And 21 Greenleaf Street From R-2 Medium Density Residential To M-1 Industrial Int. No. 41 No speakers. Authorizing Amendatory 2008-09, 2009-10 And 2010-11 Community Development Program Plans And Authorizing Agreements For The ED Financial Assistance Loan & Grant Programs Int. No. 42 No speakers. Approving Geometric Changes And Changes In The Pavement Width Of Chestnut Street, Court Street, Manhattan Square Drive, Broadway And East Broad Street, And The Removal Of The James Street Roadway As Part Of The East Broad Street/Chestnut Street/Court Street Improvement Project Int. No. 53 No speakers. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE COUNCIL Ladies and Gentlemen:

WHEREAS, Thomas S. Richards, while acting as Mayor pursuant to Section 3-2 of the City Charter, and upon notice to the City Council, designated an order of succession whereby the Commissioner of Neighborhood and Business Development, R. Carlos Carballada, was to succeed to the powers and duties of Mayor, if necessary, on a temporary basis, which designation was to apply for all purposes; and WHEREAS, Thomas S. Richards resigned from his position effective January 20, 2011; and WHEREAS, pursuant to the designation by Thomas S. Richards, R. Carlos Carballada has been holding the powers and performing the duties of Mayor on a temporary basis since the resignation of Thomas S. Richards; and WHEREAS, Section 3-2.1 of the Charter of the City of Rochester provides in pertinent part: “The Council shall fill a vacancy in the office of Mayor arising otherwise than by expiration of term by appointing by a majority vote a person who is registered in the same political party as the person who vacated the office… The person so appointed Mayor holds office until the first day of January succeeding the first annual election held in time to permit the filing of nominating petitions following the vacancy, at which a successor must be elected for the unexpired term. If the Council fails to appoint a Mayor within 30 days of a vacancy in the office of Mayor, there shall be a special election held within 90 days of such vacancy to elect a successor to serve the unexpired term”; and WHEREAS, the City Council did not agree by a majority vote on a person to appoint as Mayor for the remainder of the year; and

Resolution No. 2011-4 Re: Statement of Necessity I am submitting this Statement of Necessity so that action may be taken at the City Council Meeting this evening. This Resolution is a result of the comments and suggestions made by Judge Ark during court last week. Respectfully submitted, Lovely A. Warren President, City Council Resolution No. 2011-4 (Int. No. 61) Resolution Regarding The Vacancy In The Office Of Mayor

WHEREAS, the City Council has previously set the date of March 29, 2011 for the special election to fill the vacancy in the office of Mayor of the City of Rochester. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The City Council confirms and restates that it did not agree by a majority vote on a person to hold an appointment as Mayor for the remainder of the year, and nothing herein shall be construed to mean that the Council has made an appointment for the remainder of the year. Section 2. The City Council confirms that the special election to fill the vacancy in the office of

TUESDAY, FEBRUARY 22, 2011 Mayor of the City of Rochester shall be held on March 29, 2011 as established in Resolution No. 2011-2. Section 3. The City Council confirms the designation made by Thomas S. Richards of R. Carlos Carballada, the Commissioner of Neighborhood and Business Development, as successor to the powers and duties of the Mayor for all purposes, and confirms that pursuant to said designation Mr. Carballada has held the powers and performed the duties of the Mayor. The City Council further confirms that R. Carlos Carballada shall hereafter hold the powers and perform the duties of the Mayor until the vacancy in the office of Mayor is filled at the special election. Section 4. Resolution No. 2011-2, establishing the date for the special election to fill the vacancy in the office of Mayor, is hereby amended by substituting the sixth WHEREAS clause herein for the second WHEREAS clause in said Resolution. Section 5. The City Council expresses its intent to thoroughly review the provisions of law relating to a vacancy in the office of Mayor of the City of Rochester, and to propose appropriate revisions to the City Charter to clarify the procedures to be followed in filling such a vacancy. Section 6. This resolution shall take effect immediately. Adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - Councilmember McFadden - 1. TO THE COUNCIL Ladies and Gentlemen:

Page 33 Nolia Brooks Community 79 Champlain Street John DeMott Community 1294 Genesee Park Boulevard Clifton Manns Community 312 Marlborough Road John Chmiel Bar/Restaurant Water Street Music Hall, 204 N. Water St. Larry Copeland Bar/Restaurant P.J. Lounge, 495 West Avenue Patty Nelson Bar/Restaurant Thurston Bar & Grill, 529 Thurston Rd. The terms of these appointments will extend to December 31, 2011. Resumes for these individuals are available for review in the City Clerk’s Office. Respectfully submitted, R. Carlos Carballada Acting Mayor Resolution No. 2011-5 (Int. No. 62) Resolution Approving Appointments To The Nuisance Points Advisory Board BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of the following persons to the Nuisance Points Advisory Board through December 31, 2011: Community Representatives: 1. Charlotte Thomas-Burch 68 Genesee Park Boulevard. 2. Nolia Brooks 79 Champlain Street.

Resolution No. 2011-5 Re: Appointments - Nuisance Points Advisory Board Transmitted herewith for your approval is legislation confirming the appointments of seven individuals to the Nuisance Points Advisory Board. The board is being established as a demonstration project in accordance with Resolution No. 2010-33 in an effort to evaluate the equitable enforcement of nuisance points to bars and restaurants as set out in the City Charter (Section 3-15). The Southwest Quadrant will be used as the demonstration area. The Board will include four representatives who are active in Quadrant neighborhoods, and three who represent bars or restaurants in the area. The appointees to be confirmed are: Name Address

Representing

Charlotte Thomas-Burch 68 Genesee Park Boulevard

Community

3. John DeMott 1294 Genesee Park Boulevard. 4. Clifton Manns 312 Marlborough Road. Bar/Restaurant Representatives: 1. John Chmiel Water Street Music Hall 204 North Water Street. 2. Larry Copeland P.J. Lounge 495 West Avenue. 3. Patty Nelson Thurston Bar & Grill 529 Thurston Road. Section 2. This resolution shall take effect immediately. Adopted unanimously.

Page 34

TUESDAY, FEBRUARY 22, 2011

REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin February 22, 2011

tions thus far for 2010-11 will be as follows: City Council Administrative Total

Accounts 39 126

Amounts $123,089.15 51,890.40 $174,979.55

To the Council: The Finance Committee recommends for adoption the following entitled legislation: Int. No. 23 - Cancellation Or Refund Of Erroneous Taxes And Charges Int. No. 24 - Resolution Approving A Reappointment To The Rochester Public Library Board Of Trustees Int. No. 25 - Establishing Maximum Compensation For A Professional Services Agreement For A Human Resource Management Study Int. No. 26 - Authorizing A Grant Agreement And Amending The 2010-11 Budget For The Municipal Archives Int. No. 27 - Authorizing Extension Of An Agreement For Web Development Services

These cancellations represent .075% of the taxes receivable as of July 1, 2010. Respectfully submitted R. Carlos Carballada Acting Mayor Attachment No. AK-7 Ordinance No. 2011-16 (Int. No. 23) Cancellation Or Refund Of Erroneous Taxes And Charges BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City Treasurer is authorized to cancel the following taxes and charges. S.B.L.#

Int. No. 60 - Establishing Maximum Compensation For Professional Services Agreements For Legal Services Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Lovely A. Warren Elaine M. Spaull FINANCE COMMITTEE Received, filed and published TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-16 Re: Cancellation or Refund of Erroneous Taxes and Charges Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $42,528.84. As a result of a recent review and policy change relative to water billings on vacant parcels, the City has determined that it would no longer bill for estimated water usage after water service has been shut off. The cancellations represented here consist of water charges added to tax consistent with the revised policy. Also attached is a listing of 166 properties having water charges totaling $25,387.79 that will be canceled administratively. Other outstanding taxes and charges exist on these properties that have not been paid. If these cancellations are approved, total cancella-

Class

Address 105.40-3-50 H 229 Curtis St 105.49-2-36 H 40 Delmar St 120.25-3-58 H 654 Maple St 105.57-4-65 H 193 Myrtle St 120.26-2-6 H 405 Wilder St 120.33-1-13 H 11 Klueh St 106.52-1-4 H 399 Bay St 091.82-1-72 H 166 Roycroft Dr 091.73-3-17.1 H 1307 North St 090.81-2-52 H 514 Driving Pk Av 105.34-3-62 N/H 544-548 Dewey Av 106.43-4-44 H 1 Englert St 106.43-3-61 H 360 First St 120.58-1-6 H 157 Kenwood Av 106.31-4-46 H 46 Sullivan St 106.49-3-42 H 38 Wilson St 106.65-3-58 H 31 Weld St 106.23-2-67 H 206 Remington St

Tax Year

Amount Canceled

2011

$ 2,463.61

2011

4,677.61

2011

1,716.49

2011

1,030.55

2011

2,382.08

2011

5,818.88

2011

1,051.14

2011

1,580.27

2011

1,099.33

2011

3,248.90

2011

1,103.49

2011

2,229.52

2011

1,133.52

2011

1,896.25

2011

1,392.86

2011

1,079.60

2011

2,224.67

2011

1,028.68

TUESDAY, FEBRUARY 22, 2011 120.76-3-6 H 779 Jefferson Av 120.24-2-38.2 H 108 Friederich Pk 091.77-5-17 H 215 Ave E 105.28-1-28 H 84 Ave B Grand Total

Page 35

2011

1,549.73

2011

1,001.61

2011

1,121.65

2011

1,698.40 $42,528.84

Section 2. If full or partial payment of the aforesaid taxes and charges has been made and received, the City Treasurer is hereby authorized and directed to remit to the owner of the parcel the amount of said payment without interest. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2011-6 Re: Reappointment - Rochester Public Library Board of Trustees Transmitted herewith for your approval is legislation confirming the reappointment of John E. Lovenheim, 24 Grove Street, Rochester, 14605, to the Rochester Public Library Board of Trustees. His new term will extend to December 31, 2015. His resume is on file in the City Clerk’s office.

Transmitted herewith for your approval is legislation establishing $18,000 as maximum compensation for an agreement with CynOsure, LLC (principal: Joanne Giuffrida), Webster, NY, to provide an effectiveness and efficiency study of the City’s Bureau of Human Resource Management. The cost of the agreement will be funded from the 2010-11 Undistributed Budget. The consultant’s study will include: the review of past evaluations of the Bureau; comprehensive interviews with appropriate staff; and a review of current practices in relation to industry standards and best practices. CynOsure will provide a final report, including recommendations for improvements, to the City at the completion of the study. The term of the agreement will be for four months; any relevant information contained in the final report will be incorporated into the proposed 201112 Budget. Consultant time will be billed at $90 per hour. CynOsure, LLC was selected for these services based on their extensive experience in public sector human resources. Respectfully submitted, R. Carlos Carballada Acting Mayor

Lovely A. Warren President, City Council Ordinance No. 2011-17 (Int. No. 25)

Establishing Maximum Compensation For A Professional Services Agreement For A Human Resource Management Study BE IT ORDAINED, by the Council of the City of Rochester as follows:

Respectfully submitted, R. Carlos Carballada Acting Mayor Resolution No. 2011-6 (Int. No. 24) Resolution Approving A Reappointment To The Rochester Public Library Board Of Trustees BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of John E. Lovenheim, 24 Grove Street, to the Rochester Public Library Board of Trustees for a term which shall expire on December 31, 2015. Section 2. This resolution shall take effect immediately.

Section 1. The sum of $18,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and CynOsure, LLC for an effectiveness and efficiency study of the Bureau of Human Resource Management. Said amount shall be funded from the 2010-11 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-18 Re: Agreement - New York State Archives, Disaster Mitigation

Adopted unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-17 Re: Agreement - CynOsure, LLC, Review of the Bureau of Human Resource Management

Transmitted herewith for your approval is legislation authorizing an agreement with the New York State Archives for receipt and use of a grant and amending the 2010-11 Budget of the Information Technology Department by $9,700 to reflect the grant. These funds will be used to create a Disaster Management Plan for the Municipal Archives. The

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TUESDAY, FEBRUARY 22, 2011

project will include the identification and analysis of top priority archival records as well as the development of procedures necessary for rapidly reestablishing archival operations after a catastrophic event. The Municipal Archives contain information stored in the following media: maps, paper, microfilm, microfiche, and a rare historic photo collection dating from the early nineteenth century. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-18 (Int. No. 26) Authorizing A Grant Agreement And Amending The 2010-11 Budget For The Municipal Archives BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the New York State Archives for funding for a Disaster Management Plan for the Municipal Archives. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Information Technology Department by the sum of $9,700, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein.

authored content, and an upgrade to the newest content management system. The original agreement (Ordinance No. 2008-320) established $150,000 as maximum compensation to VanDamme Associates in September of 2008 as part of the City’s Web Site Revitalization Project. An amendment in April of 2009 (Ordinance No. 2009-138) increased compensation by $20,000 for additional maintenance services, and a second amendment in October of 2009 (Ordinance No. 2009-339) extended the term through December 31, 2010, expanded the services to be provided, and increased the maximum compensation by $150,000 to a total of $320,000. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-19 (Int. No. 27) Authorizing Extension Of An Agreement For Web Development Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into the extension of an agreement with NimbleUser for web development services for the City’s Web Revitalization Project throughout 2011. Section 2. The agreement extension shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously.

Section 4. This ordinance shall take effect immediately.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously.

Ordinance No. 2011-20 Re: Agreements - Legal Services

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-19 Re: Amendatory Agreement - NimbleUser, Web Site Revitalization Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with NimbleUser (formerly VanDamme Associates), Pittsford, NY, to extend the term for continued services for website development. The current agreement expired on December 31, 2010; this amendment will extend the term through December 31, 2011. Under the existing agreement, NimbleUser has completed coordination of all website content related to the City’s real estate functions and will continue work to enhance the calendar and search functions, include opportunities for community-

Transmitted herewith for your approval is legislation establishing $25,000 as maximum compensation for agreements with Nixon Peabody LLP, 1100 Clinton Square, for legal representation of the City in judicial proceedings challenging the special election to fill the vacancy in the office of Mayor and the authority of R. Carlos Carballada to perform the powers and duties of the Mayor. The agreement provides for Christopher Thomas to represent the City in the proceedings at an hourly rate of $250, with lesser rates set for associates and paralegals. The cost of the services in the original proceeding brought by Louis T. Amico and James A. McTiernan III is not to exceed $10,000. The original proceeding was dismissed by the Court. A second proceeding has been commenced by Harry Davis. This proceeding has required more extensive research and drafting and the cost at

TUESDAY, FEBRUARY 22, 2011 Supreme Court is not to exceed $15,000. Outside counsel has been retained in these matters to remove the possibility of a conflict involving City attorneys as both witnesses and advocates in the cases. Nixon Peabody LLP currently has a separate agreement with the City in the amount of $4,000 to obtain service mark protection for the Rochester Police Department badge and shield. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-20 (Int. No. 60) Establishing Maximum Compensation For Professional Services Agreements For Legal Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $25,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for professional services agreements between the City and Nixon Peabody LLP for legal representation of the City in challenges involving the vacancy in the office of the Mayor. The agreements may extend for the duration of the legal proceedings. Said amount shall be funded from the 2010-11 Budget of the Law Department. Section 2. This ordinance shall take effect immediately.

Page 37 Int. No. 36 - Establishing Maximum Compensation For A Professional Services Agreement for Assistance With Development Projects Int. No. 37 - Appropriating Funds And Authorizing Agreements For The Home Rochester Program Int. No. 38 - Authorizing An Agreement With The County Of Monroe For Funding For Lead Poisoning Prevention Int. No. 39 - Authorizing Agreements For The Emergency Assistance Repair Program And Aging In Place Home Modification Program The Neighborhood & Business Development Committee recommends for consideration the following entitled legislation: Int. No. 40 - Changing The Zoning Classification Of 210 And 218 Portland Avenue And 34 And 38 Central Park From R-2 Medium Density Residential To C-2 Community Center Int. No. 41 - Changing The Zoning Classification Of 442-444 And 446-448 Atlantic Avenue And 15 And 21 Greenleaf Street From R-2 Medium Density Residential To M-1 Industrial Int. No. 42 - Authorizing Amendatory 2008-09, 2009-10 And 2010-11 Community Development Program Plans And Authorizing Agreements For The ED Financial Assistance Loan & Grant Programs The following entitled legislation is being held in Committee:

Passed unanimously. By Councilmember Palumbo February 22, 2011 To the Council: The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation: Int. No. 28 - Authorizing The Sale Of Real Estate And Amending Ordinances No. 2010-393 And 2010-394, As Amended Int. No. 30 - Resolution Approving An Appointment To The Elevator Examining Board Int. No. 31 - Amending Ordinance No. 2010-206 Relating To The Exterior And Security Rehabilitation Program Int. No. 32 - Authorizing Agreements For Lead Hazard Reduction Evaluations Int. No. 33 - Authorizing An Agreement For Phase II Of The Exterior And Security Rehabilitation Program For Owner-Occupants Int. No. 35 - Authorizing An Agreement For The Lead Hazard Control Program

Int. No. 29 - Authorizing A Lease Agreement With Voyager Boat Sales, Inc. Int. No. 34 - Authorizing An Agreement For Phase II Of The Exterior And Security Rehabilitation Program For Landlords Respectfully submitted, Carla M. Palumbo Carolee A. Conklin Dana K. Miller (Did not vote on Int. No. 2; Abstained on Int. No. 35) Elaine M. Spaull Lovely A. Warren NEIGHBORHOOD & BUSINESS DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-21 Re: Sale of Real Estate Transmitted herewith for your approval is legislation approving the sale of fourteen properties. With the exception of purchasers of unbuildable vacant land, staff has audited City records to ensure that purchasers do not own other properties with code violations or delinquent taxes. The records of the

Page 38

TUESDAY, FEBRUARY 22, 2011

Bureau of Inspection and Compliance Services were also audited to ensure that purchasers have not been in contempt of court or fined as a result of an appearance ticket during the past five years. The first five properties are vacant lots being sold by proposal. The first is to the adjoining owner who will combine it with the parent parcel, demolish the existing structure, and leave the property as green space. The next parcel is a commercial vacant lot being sold to the adjacent owner who will combine it with their adjoining property. The next three are being purchased by the Greater Rochester Housing Partnership; the first two will have a single-family house constructed on them, the last will be divided into two parcels with a single-family structure constructed on each. They will ultimately all be sold to owner-occupant, first-time buyers. The next seven properties are buildable vacant lots being purchased by Flower City Habitat for Humanity to build new single-family homes as part of the JOSANA development. The last two properties are unbuildable vacant lots being purchased by the adjacent owner; they will combine them with their adjoining lots. The first year projected tax revenue for these fourteen properties, assuming full taxation, current assessed valuations and current tax rates, is estimated to be $5,978. All City taxes and other charges, except water charges, against properties being sold by the City will be canceled on the first day of the month following adoption of the ordinance because either the City has agreed to convey the properties free of City tax liens and other charges, or these charges have been included in the purchase price.

105.37-1-23.1 and 105.37-1-22 AGIR, LLC* 360 South Av 39x219 8,541 $ 1,000 121.48-1-98 Miron Pidkova 104 Weld St 36x130 4,680 $ 795 106.73-2-11 Greater Roch Hsng Partnership** 119 Weld St 34x130 4,420 $ 755 106.74-1-61 Greater Roch Hsng Partnership 129-131 Weld St 66x130 8,712 $10,000 106.74-1-56.1 Greater Roch Hsng Partnership *Principals: Anthony Marino, President & Sole Proprietor **Principals: Jean Lowe, President; Judy Seil, Member; Bret Garwood, Member; Richard Mueller, Member; Ann McCormick, Member; George Mackey, Member; Loren Ranaletta, Member; Cassandra Claboine, Member; Clint Campbell, Member; James Goff, Member; Shelia James, Member; Rosalind Gerbracht, Member; Patrick Tobin, Member; Julio Vazquez, Member; Gerald Van Strydonck, Member Section 2. The Council hereby approves the negotiated sale of the following parcels of buildable vacant land: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

355 Campbell St 120.26-1-70

50x89 4,450 $425 Flower City Habitat for Humanity*** 40x148 5,920 $450 Flower City Habitat for Humanity 40x148 5,313 $450 Flower City Habitat for Humanity 40x147 5,880 $450 Flower City Habitat for Humanity 50x140 7,000 $475 Flower City Habitat for Humanity] 40x114 4,560 $425 Flower City Habitat for Humanity 45x114 5,227 $450 Flower City Habitat for Humanity

376 Campbell St 120.26-1-25

Respectfully submitted, R. Carlos Carballada Acting Mayor

386 Campbell St 120.26-1-23

Attachment No. AK-8

419 Orange St 105.82-3-40 Ordinance No. 2011-21 (Int. No. 28, As amended)

[424 Orange St 105.82-3-58

Authorizing The Sale Of Real Estate And Amending Ordinances No. 2010-393 And 2010394

83 Orchard St 120.26-1-54

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the negotiated sale of the following parcels of vacant land with proposal: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

Price

Portion of 1345 Emerson St and Portion of 1181 Emerson St

60x239

$ 6,600

14,340

91 Orchard St 120.26-1-52

Price

***Principals: Thomas Rogers, Chairman; David Rodriguez, Vice Chairman; Jeffrey Lewis, Treasurer; Ann McCormick, Secretary, Arthur Woodward, President & CFO Section 3. The Council hereby approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00:

TUESDAY, FEBRUARY 22, 2011 Address S.B.L.#

Lot Size Sq. Ft. Purchaser

210 Durnan St 091.74-4-33 294 Cottage St 120.83-3-43.1

35x80 2,800 Houston & Leola Bean 15x151 2,178 Shelby Real Estate, Inc.****

****Principals: Avis R. Hill, President & Sole Proprietor Section 4. City taxes and other City charges, except water charges, against said properties are hereby canceled up to the first day of the month following the date of adoption of this ordinance for the reason that the City has agreed to convey said properties free of City tax liens and other charges. Section 5. Ordinance No. 2010-394, relating to the sale of real estate for the Voters Block Community Project, is hereby amended by changing the reference to 59 Dr. Samuel McCree Way to dimensions of 55 x 117, SBL #121.53-1-12.2, and a price of $400, and authorizing the sale of a five-foot strip of land along the western boundary of 59 Dr. Samuel McCree Way to Pilgrim Pentecostal Church of God, for the sum of $100. Section 6. Ordinance No. 2010-393, relating to a tax exemption for the Voters Block Community Project, is hereby amended by changing the reference to 59 Dr. Samuel McCree Way to dimensions of 55 x 117, SBL# 121.53-1-12.2. Section 7. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2011-7 Re: Appointment - Elevator Examining Board Transmitted herewith for your approval is legislation confirming the appointment of Michael P. Ferris, CEIS, 4520 Sweden-Walker Road, Brockport, NY, to the Elevator Examining Board. Mr. Ferris is a licensed inspector which is a requirement for this position. He will assume the position recently vacated by Timothy R. Carges. The Board is responsible for maintaining a City licensing system for elevator inspectors and mechanics, and a registration system for installation/maintenance companies. Mr. Ferris’ appointment will commence immediately upon approval and shall extend through February 28, 2014. His resume is available in the City Clerk’s office for your review.

Page 39 Respectfully submitted, R. Carlos Carballada Acting Mayor Resolution No. 2011-7 (Int. No. 30) Resolution Approving An Appointment To The Elevator Examining Board BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of Michael P. Ferris, 4520 SwedenWalker Road, to the Elevator Examining Board for a term which shall expire on February 28, 2014. Mr. Ferris shall replace Timothy Carges, who has resigned. Section 2. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-22 Re: Amending Ordinance No. 2010-206 Focused Investment Strategy, Exterior And Security Rehabilitation Program For Owner-Occupants Transmitted herewith for your approval is legislation amending Ordinance No. 2010-206 to rescind the authorization for the agreement with NCS Community Development Corporation, Inc. to provide construction management services for the Exterior and Security Rehabilitation Program (ESRP), a component of the Focused Investment Strategy. The $750,000 of Community Development Block Grant funds appropriated in Ordinance No. 2010-206, along with $400,000 in 2007-08 Cash Capital, will remain available to fund the program through City operation. Properties enrolled in the ESRP and built before 1978 require a lead-based paint risk assessment followed by the remediation of any identified leadbased paint hazards. For such properties, the City would enroll it in the Lead Hazard Control Program, oversee the remediation process, and when completed would refer the property to NCS to provide construction services for the ESRP portion of the program. However, with more than 90% of the properties requiring lead remediation, this process proved to be inefficient. In order to streamline the program, the City will now develop a scope of work for both the lead hazard control work and the ESRP, procure the project, and oversee construction management. The agreement with NCS for these services is therefore unnecessary. Through an existing agreement authorized in Ordinance No. 2009-110, NCS will continue to provide application intake services.

Page 40

TUESDAY, FEBRUARY 22, 2011 R. Carlos Carballada Acting Mayor

Respectfully submitted, R. Carlos Carballada Acting Mayor

Attachment No. AK-9 Ordinance No. 2011-22 (Int. No. 31)

Ordinance No. 2011-23 (Int. No. 32)

Amending Ordinance No. 2010-206 Relating To The Exterior And Security Rehabilitation Program

Authorizing Agreements For Lead Hazard Reduction Evaluations

BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. Ordinance No. 2010-206, authorizing an agreement for the Exterior and Security Rehabilitation Program as a part of the Focused Investment Strategy, is hereby amended by rescinding authorization for the agreement with NCS Community Development Corporation, Inc. The funding approved in Section 2 of said Ordinance shall remain available to fund the Program through City operation.

Section 1. The Mayor is hereby authorized to enter into agreements with Environmental Testing & Consulting, Inc., Envoy Environmental Consultants, Inc., and the Lew Corporation for lead hazard evaluation services for Phase II of the Focused Investment Strategy Exterior and Security Rehabilitation Program for Landlords.

Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-23 Re: Focused investment Strategy Exterior and Security Rehabilitation Program For Landlords - Phase II Lead hazard Evaluation Services

Section 2. The agreements shall obligate the City to pay an aggregate amount not to exceed $30,000, and said amount, or so much as may be necessary, is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2009-10 Community Development Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously.

Transmitted herewith for your approval is legislation authorizing agreements with three firms to provide lead hazard evaluation services, and appropriating $30,000 from the 2009-10 Focused Investment Strategy allocation of the Neighborhood and Asset-Based Planning Fund to fund the agreements. The aggregate cost of the agreements will not exceed $30,000. The firms, Environmental Testing & Consulting, Envoy Environmental, and Lew Corporation, were selected through a request for proposal process, and were previously authorized to provide lead hazard evaluation services through Ordinance No. 2010294. They will offer combined lead-based paint inspections/risk assessments for ninety property owners enrolled in the program. It is anticipated that each consultant will complete approximately 22-23 inspections at a cost of $325 per unit. Each of these consultants has provided these services for the City since 2004 and all have performed to the City’s satisfaction. The Neighborhood and Asset-Based Planning Fund supports the City Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. A program description is attached. Respectfully submitted,

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-24 Re: Focused Investment Strategy - Exterior And Security Rehabilitation Program For Owner-Occupants - Phase II Transmitted herewith for your approval is legislation establishing $1,232,000 as maximum compensation for an agreement with NCS Community Development Corporation, Inc. to provide services related to the Exterior and Security Rehabilitation Program for Owner-Occupants, a component of the City’s Focused Investment Strategy; and appropriating $112,000 from the Neighborhood & AssetBased Planning Fund of the 2009-10 Community Development Block Grant to partially finance the cost of the agreement. The balance of the agreement will be funded from 2009-10 ($527,983) and 2010-11 ($592,017) Cash Capital. The Exterior and Security Rehabilitation Program for owner-occupants offers financial assistance up to $20,000 plus an additional $20,000 for lead hazard to eligible owner-occupants. The Phase I funding for up to 60 properties was authorized in May 2009 and June 2010; 50 properties have been enrolled, and 10 properties will be recruited over the next two months. Funding is expected to be

TUESDAY, FEBRUARY 22, 2011 fully committed by March 1, 2011. A total of $1,120,000 will fund Phase II and provide financial assistance to approximately 40 eligible properties at an average of $28,000 per property. NCS Community Development Corporation will be allowed to collect $112,000 in program implementation fees (10% of the total). The Neighborhood and Asset-Based Planning Fund supports the City Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. A program description is attached. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-10 Ordinance No. 2011-24 (Int. No. 33) Authorizing An Agreement For Phase II Of The Exterior And Security Rehabilitation Program For Owner-Occupants BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with NCS Community Development Corporation, Inc. for Phase II of the Exterior and Security Rehabilitation Program for Owner-Occupants as a part of the Focused Investment Strategy. Section 2. The agreement shall obligate the City to pay an amount not to exceed $1,232,000, and of said amount, or so much thereof as may be necessary, $112,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2009-10 Community Development Program, $527,983 shall be funded from the 2009-10 Cash Capital allocation and $592,017 shall be funded from the 2010-11 Cash Capital allocation. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously.

Page 41 Medical Laboratory, Inc. in an amount not to exceed $5,000. As a requirement of the lead hazard control program, the City must obtain medical records for child occupants below 6 years of age to evidence their blood lead levels. As such, families that have not had their children tested for lead poisoning within 6 months before the lead hazard control work is to begin must have their children tested. The City has contracted with ACM since 2004 to provide these services. It is proposed to continue these services with ACM as to not create a disruption in the customer service infrastructure that has been developed. It is estimated that 30-50 children will require services over the next 12 months. ACM’s cost is $15 per test. ACM will also be available to provide blood testing services at community events such as health fairs. Phlebotomy services will cost $50/hr. plus $15 for each blood test. It is expected that ACM will provide these services at three events to take place this summer. City Council approval is required for this agreement because the total amount of current agreements with ACM ($9,000) in combination with this proposed agreement will exceed $10,000. The agreement will be funded from the appropriation made through Ordinance No. 2010-72 on March 17, 2010. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-25 (Int. No. 35) Authorizing An Agreement For The Lead Hazard Control Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with ACM Medical Laboratory, Inc. for blood testing services for the Lead Hazard Control Program. Section 2. The agreement shall obligate the City to pay an amount not to exceed $5,000, and said amount, or so much thereof as may be necessary, shall be funded from the appropriation made in Section 1 of Ordinance No. 2010-72.

TO THE COUNCIL Ladies and Gentlemen:

Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Ordinance No. 2011-25 Re: Agreement - ACM Medical Laboratory, Inc., Lead Hazard Control Program

Section 4. This ordinance shall take effect immediately.

Transmitted herewith for your approval is legislation related to child blood testing services as part of the City’s Lead Hazard Control Program. This legislation will authorize an agreement with ACM

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

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Ordinance No. 2011-26 Re: Agreement - National Development Council, Financing Options for Development Projects Transmitted herewith for your approval is legislation establishing $72,000 as maximum compensation for an agreement with the National Development Council (NDC), New York City, for assistance with evaluating various funding opportunities, financial structures, and economic feasibility for proposed development projects in the City, including the development of the PAETEC corporate headquarters project. The agreement will be funded from the 2008-09 Cash Capital allocation for acquisition and economic development. NDC will continue the following services: implement a funding strategy for the PAETEC project at Midtown; provide an array of services to the City for other redevelopment plans and proposals; provide technical assistance and advocacy in the City’s efforts to seek funding or leverage existing resources through governmental programs; and provide training for City staff. These services have been provided successfully through the prior agreement authorized by Council in April 2010 for $72,000. The term of the agreement will be one year. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-26 (Int. No. 36) Establishing Maximum Compensation For A Professional Services Agreement For Assistance With Development Projects BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $72,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and the National Development Council for assistance with funding related opportunities and financial analyses for development projects. The agreement shall have a term of one year. Said amount shall be funded from the 2008-09 Cash Capital allocation. Section 2. This ordinance shall take effect immediately.

ty Housing Development Organizations for the administration of development subsidies related to the Home Rochester Program, and appropriating $526,365 from the Community Housing Development Organization (CHDO) Program allocation of Housing Development Fund (HOME funds) of the 2010-11 Consolidated Community Development Plan to fund the subsidies. The City is required to reserve at least 15% of its annual HOME award to fund the development of affordable housing by non-profit CHDOs. This year’s award is $3,492,596. Each CHDO must demonstrate to the City that they continue to meet HUD requirements pertaining to legal status, organizational structure, capacity, and experience. The City also reviews each organization’s production, most recent annual audit, roster of current board members, and budget/plan. The Home Rochester Program provides for the acquisition and rehabilitation of vacant singlefamily houses for resale to income-eligible households. It is anticipated that approximately 35 buyers will be assisted through the proposed appropriation. The average subsidy will be approximately $15,000. The rehabilitated properties will be marketed to families with incomes not exceeding 80% of the median family income. All purchasers are required to attend pre- and post-purchase homebuyer training classes and reside in the properties for a minimum of 10 years. The Housing Development Fund supports the City Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. A program description is attached. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-11 Ordinance No. 2011-27 (Int. No. 37) Appropriating Funds And Authorizing Agreements For The Home Rochester Program BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No. 2011-27 Re: Agreements and Appropriation Home Rochester

Section 1. There is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Housing Development allocation (Community Housing Development Organization Program Account) of the 2010-11 HOME Program the sum of $526,365, or so much thereof as may be necessary, to fund housing development subsidies through the Home Rochester Program by designated Community Housing Development Organizations (CHDOs) and non-profit developers.

Transmitted herewith for your approval is legislation authorizing agreements with certain Communi-

Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

TUESDAY, FEBRUARY 22, 2011

Page 43

with designated CHDOs and non-profit developers for use of these funds.

TO THE COUNCIL Ladies and Gentlemen:

Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Ordinance No. 2011-29 Re: Emergency Assistance Repair and Aging in Place Project Home Modification Programs

Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-28 Re: Agreement - Monroe County, Funding For Lead Poisoning Prevention Transmitted herewith for your approval is legislation authorizing an agreement with Monroe County for the receipt and use of a grant of up to $230,000 to support the Primary Prevention of Childhood Lead Poisoning Program. These funds are part of a grant awarded to the County from the New York State Department of Health, and will support the City’s efforts to increase the number of units in high risk areas that will be inspected for lead. The term of the contract is October 1, 2010 through September 30, 2011. These funds were included in the operating budget of the Department of Neighborhood and Business Development. The grant contribution will support two full-time or equivalent inspection positions, a part-time clerk, and funding for additional lead wipe clearance tests. The support will enable the City to continue inspections for lead safe housing for children and families. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-28 (Int. No. 38) Authorizing An Agreement With The County Of Monroe For Funding For Lead Poisoning Prevention BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for funding for the Primary Prevention of Childhood Lead Poisoning Program from October 1, 2010 through September 30, 2011. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously.

Transmitted herewith for your approval is legislation establishing maximum compensation for agreements with neighborhood agencies, as listed below, to provide services in support of the continuation of minor home repair programs including the Emergency Assistance Repair Program (EARP) and Aging in Place Home Modification Program. These agreements will be funded from 2010-11 Cash Capital. Agency Purpose

Amount

Group 14621 Community Assn. NE Quad (Sector 9) $153,900 NCS Community Development Corp NE Quadrant (Sector 10) 48,600 NCS NW Quadrant 226,800 NCS SW Quadrant 145,800 NCS SE Quadrant 234,900 Lifespan Aging in Place 40,000 Total $850,000 The Bureau of Business and Housing Development will retain and directly administer $50,000 of the EARP appropriation for water service replacement projects required as a result of street repairs and appropriate warranty claims for eligible repairs city-wide. EARP was last authorized by City Council on May 11, 2010 via Ordinance No. 2010-149, which provided $1,000,000 in funding. The proposed agreements are similar to the previous program authorization. The Aging in Place Home Modification Program has operated city-wide for four years, most recently as authorized by Ordinance 2009-106, which provided $68,000 in funding. The Bureau of Business and Housing Development will work with Lifespan and the EARP agencies to identify eligible properties. A description and details of EARP and Aging in Place programs are attached. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-12 Ordinance No. 2011-29 (Int. No. 39) Authorizing Agreements For The Emergency

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TUESDAY, FEBRUARY 22, 2011

Assistance Repair Program And Aging In Place Home Modification Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into the following agreements or the following amounts are allocated to implement the Emergency Assistance Repair Program and Aging in Place Home Modification Program: Agency Purpose

Amount

Group 14621 Comm. Assn. $153,900 14621 Service Area in the NE Quadrant (Sector 9) NCS Comm. Dev. Corp. $ 48,600 Remainder of the NE Quadrant (Sector 10) NCS $226,800 NW Quadrant NCS $145,800 SW Quadrant NCS $234,900 SE Quadrant Lifespan $ 40,000 Aging in Place City of Rochester $ 50,000 Water/Sewer Line and Warranty Repairs

Upon the successful rezoning of the properties to C-2, the auto sales expansion will be subject to Site Plan Review approval by the Director of Planning and Zoning. Approval of a Use Variance by the Zoning Board of Appeals will also be required because auto sales is a prohibited use in the C-2 district. Furthermore, an Area Variance may be required; a determination will be made by the Zoning Board. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the Code of the City of Rochester, the proposal has been classified as unlisted. An environmental determination will be issued prior to City Council action. The Planning Commission held an informational meeting on January 10, 2011. There were no speakers in support or in opposition to this proposal. By a vote of 5-0, the Planning Commission recommends approval to City Council. A public hearing is required for the Zoning Map Amendment. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-13

Section 2. The agreements and allocations shall obligate the City to pay an amount not to exceed $850,000, and said amount, or so much thereof as may be necessary, shall be funded from the 201011 Cash Capital allocation. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-30 Re: Zoning Map Amendment - 210 and 218 Portland Avenue and 34 and 38 Central Park Transmitted herewith for your approval is legislation amending the Zoning Map of the City of Rochester by rezoning 210 and 218 Portland Avenue and 34 and 38 Central Park from R-2 Medium Density Residential District to C-2 Community Center District. The rezoning has been requested by the owner of the four properties, JSP Auto Sales, an auto repair and sales operation at 210 and 218 Portland Avenue, to facilitate expansion of the existing auto sales use onto the properties at 34 and 38 Central Park. The current R-2 district does not permit auto related uses.

Ordinance No. 2011-30 (Int. No. 40) Changing The Zoning Classification Of 210 And 218 Portland Avenue And 34 And 38 Central Park From R-2 Medium Density Residential To C-2 Community Center BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 120 of the Municipal Code, Zoning Code, as amended, is hereby further amended by changing the zoning classification of the following parcels, constituting 210 and 218 Portland Avenue and 34 and 38 Central Park, from R-2 Medium Density Residential to C-2 Community Center: All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, part of Town Lot 65, and being Lot 17 of the North Davis Tract (not recorded) and part of Lots 1, 3, 4 & 5 of the August Bott Estate Subdivision, as filed in the Monroe County Clerk’s Office in Liber 42 of Maps, Page 26 and being more particularly bounded and described as follows: Beginning at the centerline intersection of Central Park (60' ROW as dedicated by Ordinance No. 93-393) and Portland Avenue (66' ROW), said intersection being the Point or Place of Beginning; thence 1) Northerly, along said centerline of Portland Avenue, a distance of 98.0 feet, more or less, to the westerly projection of the north line of said Lot 17; thence

TUESDAY, FEBRUARY 22, 2011 2) Easterly, along said projection and the north line of Lot 17, a distance of 183.0 feet, more or less, to the northeast corner thereof; thence 3) Northerly, parallel with said Portland Avenue and along the west line of said Lot 4, a distance of 20.0 feet, more or less, to the northwest corner thereof; thence 4) Easterly, along the north line of said Lots 4 & 5 and their projection, a distance of 120.0 feet, more or less, to the centerline of Sigel Street (30' ROW); thence 5) Southerly, along said centerline of Sigel Street, a distance of 92.0 feet, more or less, to the said centerline of Central Park; thence 6) Westerly, along said centerline of Central Park, a distance of 308 feet, more or less, to the said centerline of Portland Avenue, being the Point or Place of Beginning. Section 2. This ordinance shall take effect immediately.

Page 45 A public hearing is required for the Zoning Map Amendment. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-14 Ordinance No. 2011-31 (Int. No. 41) Changing The Zoning Classification Of 442444 And 446-448 Atlantic Avenue And 15 And 21 Greenleaf Street From R-2 Medium Density Residential To M-1 Industrial BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 120 of the Municipal Code, Zoning Code, as amended, is hereby further amended by changing the zoning classification of the following parcels, constituting 442-444 and 446-448 Atlantic Avenue and 15 and 21 Greenleaf Street, from R-2 Medium Density Residential to M1 Industrial:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-31 Re: Zoning Map Amendment 442-444 Atlantic Avenue and 15 and 21 Greenleaf Street Transmitted herewith for your approval is legislation amending the Zoning Map of the City of Rochester by rezoning 442-444 and 446-448 Atlantic Avenue and 15 and 21 Greenleaf Street from R2 Medium Density Residential District to M-1 Industrial District. The rezoning of these four properties has been requested by the owner, Meier Supply Company, Inc., a wholesaler of heating, ventilation, air conditioning and refrigeration supplies; the firm has been located at 430 Atlantic Avenue, an M-1 district, since 1999. This rezoning will allow Meier Supply to consolidate their properties in the M-1 district, which will facilitate future building and parking lot expansion. Properties located in different zoning districts are not eligible to be combined into a single parcel, and commercial and manufacturing development is prohibited in residential districts. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the proposal has been classified as unlisted. An environmental determination for the Zoning Map Amendment will be issued prior to City Council action. The Planning Commission held an informational meeting on January 10, 2011. There were no speakers in support or in opposition to the proposed rezoning. By a vote of 5-0-0, the Planning Commission recommends approval to City Council.

All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, being part of Town Lot 42 and being Lots 1, 2 and part of Lot 5 of the Schanck Farm Subdivision, as filed in the Monroe County Clerk’s Office in Liber 20 of Maps, Page 34 and being more particularly bounded and described as follows: Beginning at the centerline intersection of Greenleaf Street (50' ROW) and Atlantic Avenue (52.75' ROW), said intersection being the Point or Place of Beginning; thence 1) Westerly, along said centerline of Atlantic Avenue, a distance of 103.0 feet, more or less, to the southerly projection of the west line of said Lot 2; thence 2) Northerly, along said projection and the west line of Lot 2, a distance of 156.4 feet, more or less, to the northwest corner thereof; thence 3) Easterly, along the north line of said Lot 2, a distance of 3.0 feet to a point; thence 4) Northerly, through said Lot 5 and parallel with said Greenleaf Street, a distance of 38.0 feet to the north line of Lot 5; thence 5) Easterly, along said north line of Lot 5 and it’s projection, a distance of 100.0 feet, more or less, to the said centerline of Greenleaf Street; thence 6) Southerly, along said centerline, a distance of 194.4 feet, more or less, to the said centerline of Atlantic Avenue, being the Point or Place of Beginning. Section 2. This ordinance shall take effect immediately.

Page 46 Passed unanimously.

TUESDAY, FEBRUARY 22, 2011 Attachment No. AK-15 Ordinance No. 2011-32 (Int. No. 42)

TO THE COUNCIL Ladies and Gentlemen: Ordinance No.2011-32 Re: Amending the 2008-09, 2009-10 and 2010-11 Consolidated Community Development Plans - Business Programs, PAETEC Corporate Headquarters Financing Transmitted herewith for your approval is legislation related to the Midtown Plaza Revitalization Project and the new PAETEC corporate headquarters to be located in downtown Rochester. The proposed legislation will: 1. Amend the 2008-09, 2009-10 and 2010-11 Consolidated Community Development Plans/Annual Plans by transferring a total of $8,066,000 as summarized in the attached chart, which is also on file with the City Clerk; 2. Authorize the Director of Finance to record all transfers herein and to make adjustments to the reprogrammed amounts set forth in the attached chart which may have changed prior to the adoption of this ordinance; 3. Appropriate and re-appropriate a total of $8,066,000 from the Promoting Economic Stability Objective of the 2008-09, 2009-10 and the 2010-11 Consolidated Community Development Plans/Annual Plans to fund the Economic Development Financial Assistance Loan and Grant Program; and 4. Authorize any agreements necessary to implement the ED Financial Assistance Loan and Grant Program and any agreements with the NYS Empire State Development Corporation (ESD). The amendments to the Consolidated Plans will allow previously allocated Community Development Block Grant (CDBG) amounts to be used to finance the PAETEC project; previously planned Cash Capital amounts will be substituted to finance the original CDBG projects and activities. The transfers will facilitate the financing of the PAETEC project, including an interest subsidy grant of approximately $7,368,042 and a development grant in the amount of $800,000 for a total of $8,168,042. The difference between the latter amount and total amount of $8,066,000 being transferred in the Consolidated Community Development Plans, or $102,042, will be funded by an existing allocation for the ED Financial Assistance Loan and Grant Program. A public hearing on the Consolidated Plan amendments is required. Respectfully submitted, R. Carlos Carballada Acting Mayor

Authorizing Amendatory 2008-09, 2009-10 And 2010-11 Community Development Program Plans And Authorizing Agreements For The ED Financial Assistance Loan & Grant Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves amendments to the Community Development Program Plans whereby the sum of $466,000 is transferred in 2008-09, the sum of $1,500,000 is transferred in 2009-10, and the sum of $6,100,000 is transferred in 2010-11, to new or existing accounts in the Promoting Economic Stability allocations (ED Financial Assistance Loan & Grant - PAETEC Headquarters Project Accounts), from the following accounts: Allocation/Account CDBG Year

Ord. No.

Amount

Housing Development Emergency Assistance Repair 2010-11 $ 900,000 Demolition 2010-11 2010-248 750,000 Neighborhood and Asset-Based Planning Focused Investment Strategy 2010-11 2,207,983 General Community Needs Neighborhood Streetscapes 2010-11 275,000 Neighborhood and Business Program Delivery 2010-11 1,967,017 Housing Development Emergency Assistance Repair 2009-10 2010-149 1,000,000 General Community Needs Neighborhood ROW Improvements 2009-10 226,000 Neighborhood Streetscapes 2009-10 274,000 Neighborhood and Asset-Based Planning Focused Investment Strategy Private Demolition 2008-09 2009-273 200,000 General Community Needs NBN Streetscapes 2008-09 266,000 Total $8,066,000 Section 2. The ordinances set forth in the chart in Section 1 are hereby amended by reducing the amounts authorized and appropriated therein as set forth in said chart. Section 3. The Director of Finance shall record all transfers herein and shall have the authority to make adjustments to the amounts set forth which may have changed prior to the adoption of this ordinance.

TUESDAY, FEBRUARY 22, 2011 Section 4. There is hereby appropriated from the Promoting Economic Stability Allocation of the 2008-09 Community Development Program the sum of $466,000, from the Promoting Economic Stability allocation of the 2009-10 Community Development Program the sum of $1,500,000, and from the Promoting Economic Stability Objective (ED Financial Assistance Loan & Grant - PAETEC Headquarters Project Account) of the 2010-11 Community Development Block Grant the sum of $6,100,000, or so much thereof as may be necessary, to fund the ED Financial Assistance Loan & Grant Programs for the PAETEC Headquarters Project. Section 5. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the ED Financial Assistance Loan & Grant Programs for the PAETEC Headquarters Project and to enter into any necessary agreements with the New York State Empire State Development Corporation for the Midtown Plaza Revitalization Project and the PAETEC Headquarters Project. Section 6. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Page 47 R. Carlos Carballada Acting Mayor Attachment No. AK-16 Ordinance No. 2011-33 (Int. No. 29) Authorizing A Lease Agreement With Voyager Boat Sales, Inc. BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with Voyager Boat Sales, Inc. for the continued lease of 1015 Thomas Avenue for one year. The agreement shall obligate Voyager Boat Sales, Inc. to pay rent in the amount of $27,600, payable in monthly amounts of $2,300. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously.

Section 7. This ordinance shall take effect immediately.

Councilmember Palumbo moved to discharge Int. No. 34 from Committee.

Passed unanimously. Councilmember Palumbo moved to discharge Int. No. 29 from Committee.

The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote:

The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9.

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen:

Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-33 Re: Lease - 1015 Thomas Avenue Transmitted herewith for your approval is legislation authorizing a one year lease agreement between the City and Voyager Boat Sales, Inc. for the continued use of the premises located at 1015 Thomas Avenue. Voyager has leased this area from the City for more than thirty years. The current lease expired on December 31, 2010. The new lease will commence January 1, 2011 and expire on December 31, 2011. The monthly rental amount will be $2,300 and was established through an independent appraisal prepared by Robert G. Pogel, SRPA. Respectfully submitted,

Ordinance No. 2011-34 Re: Focused Investment Strategy - Phase II Exterior and Security Rehabilitation Program for Landlords Transmitted herewith for your approval is legislation establishing $76,000 as maximum compensation for an agreement with NeighborWorks Rochester, Inc. to provide professional services for the program the Exterior and Security Rehabilitation Program for Landlords, a component of the City’s Focused Investment Strategy; and appropriating $76,000 from the Neighborhood & Asset-based Planning Fund of the 2009-10 Community Development Block Grant to fund the agreement. The Focused Investment Strategy, Exterior and Security Rehabilitation Program for Landlords offers financial assistance up to $18,000 plus an additional $20,000 for lead hazard control to eligible landlords. The funding for 50 properties authorized in August 2009 (Ordinance No. 2009-279)

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TUESDAY, FEBRUARY 22, 2011

for Phase I of the program is expected to be fully committed by March 1, 2011.

Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8.

Phase II, which will be administered by Neighborhood and Business Development staff, will be funded from a total of $1,320,000 of Cash Capital funding to provide financial assistance to approximately 40 eligible properties at an average of $33,000 per property. Following are the sources of Cash Capital for phase II:

Nays - Councilmember McFadden - 1.

Fiscal Year 2007-08 2009-10 2010-11 Total

Int. No. 43 - Authorizing An Agreement For An Urban And Community Forestry Grant

The Neighborhood and Asset-Based Planning Fund supports the City Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. A program description is attached. Respectfully submitted, R. Carlos Carballada Acting Mayor

(Ordinance No. 2011-34 (Int. No. 34) Authorizing An Agreement For Phase II Of The Exterior And Security Rehabilitation Program For Landlords BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with NeighborWorks Rochester, Inc. to provide administrative services for Phase II of the Focused Investment Strategy Exterior and Security Rehabilitation Program for Landlords. Section 2. The agreement shall obligate the City to pay an amount not to exceed $76,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2009-10 Community Development Program. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed by the following vote: President

Int. No. 44 - Amending The 2010-11 Budget For The Green Fueling Station Int. No. 45 - Approving Water Quality Improvement Projects Int. No. 46 - Approving Acceptance Of An Easement Int. No. 47 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Jefferson Avenue Revitalization Project Int. No. 48 - Authorizing An Amendatory Agreement For The Supply Of Electricity To City Facilities

Attachment No. AK-17

-

To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation:

Amount $ 354,999 500,000 465,001 $1,320,000

NeighborWorks Rochester provided administrative services for the Phase I and performed to the City’s satisfaction, and they are recommended for Phase II.

Ayes

By Councilmember Miller February 22, 2011

Warren,

Councilmembers

Int. No. 49 - Establishing Maximum Compensation For A Professional Services Agreement For Cleanup Of 24 Seneca Avenue Int. No. 50 - Establishing Maximum Compensation For A Professional Services Agreement For Cleanup Of The Former AC Delco Appliance Site Int. No. 54 - Establishing Maximum Compensation For A Professional Services Agreement For The Westfield Street And Penhurst Street Improvement Project Int. No. 55 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,806,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Westfield Street And Penhurst Street Improvement Project Int. No. 56 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $500,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Westfield Street And Penhurst Street Improvement Project Int. No. 57 - Establishing Maximum Compensation For A Professional Services Agreement For The 2011 Preventive Maintenance Projects Int. No. 58 - Amending The 2010-11 Budget For The Rush Reservoir Liner And Floating Cover Improvement Project

TUESDAY, FEBRUARY 22, 2011 Int. No. 59 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $8,535,000 Bonds Of Said City To Finance The Cost Of Construction Of The Rush Reservoir Liner And Floating Cover Improvement Project The Jobs, Parks & Public Works Committee recommends for consideration the following entitled legislation: Int. No. 53 - Approving Geometric Changes And Changes In The Pavement Width Of Chestnut Street, Court Street, Manhattan Square Drive, Broadway And East Broad Street, And The Removal Of The James Street Roadway As Part Of The East Broad Street/Chestnut Street/Court Street Improvement Project Respectfully submitted, Dana K. Miller Lovely A. Warren Elaine M. Spaull JOBS, PARK & PUBLIC WORKS COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-35 Re: NYS DEC Urban and Community Forestry Grant Transmitted herewith for your approval is legislation authorizing an agreement with the New York State Department of Environmental Conservation for the receipt and use of up to $62,500 in grant funding under the Urban and Community Forestry Grant Program. The New York State Department of Environmental Conservation Urban and Community Forestry Program provides support and assistance to communities for comprehensive planning, management, and education to create healthy urban and community forests, and enhancement of the quality of life for urban residents. The funds of the grant will be used to purchase tree stock for new tree plantings. The required 50% match of up to $62,500 will be met by the labor cost of City Forestry crews planting the trees. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-35 (Int. No. 43) Authorizing An Agreement For An Urban and Community Forestry Grant BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the New York State Department of Environmental Conservation for

Page 49 funding under the Urban and Community Forestry Grant Program. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-36 Re: Budget Amendment - Green Fueling Station Transmitted herewith for your approval is legislation amending the 2010-11 Budget by transferring $200,000 from the Refuse fund and $100,000 from the Local Works fund to 2010-11 Cash Capital to finance the costs of design and construction of the Green Fueling Station at the Central Vehicle Maintenance Facility (CVMF) at Mt. Read Boulevard. In 2008, the County was awarded a $4.25 million Federal Transportation Improvement Program Congestion Mitigation and Air Quality (CMAQ) grant for design and construction of new fueling facilities at the Frank E. VanLare Wastewater Treatment plant, CVMF, and two modular fueling facilities that can be relocated. The stations will accommodate alternative fuels (ethanol, natural gas and other potential biofuels) to enable an evolving City and County fleet. The funds require a minimum 20% project match to be shared between the City and County. An inter-municipal agreement with the County for planning and design services was authorized by Council in November 2009 (Ordinance No. 2009382). The County retained Barton & Loguidice, P.C., with the cost of site assessment and preliminary design services shared between the County and City. Preliminary design was completed in fall 2010. The anticipated share for the project design and construction ($500,000) was identified as debt and approved as part of the 2009-10 Budget; $75,000 was authorized by Council (Ord. No. 2009-383) to finance the City’s share of consultant preliminary design costs. It was determined during preliminary design that the removal and closure of the existing underground petroleum storage tanks, piping, and dispensing system at the CVMF will require certain remedial activities to address petroleum contamination. The costs for some elements of these remedial activities are ineligible for the CMAQ grant. The Refuse and Local Works funds are appropriated to fund these costs. Subsequent legislation will be sought for a final design and construction agreement with Monroe

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County and appropriation of remaining debt. Respectfully submitted, R. Carlos Carballada Acting Mayor

Project Total Cost

State Grant

Local Match

City Hall Green Roof Installation And Permeable Parking Lot $ 890,000 $ 756,000

$134,000

Amending The 2010-11 Budget For The Green Fueling Station

Cornerstone Park Green Infrastructure Improvements 850,000 722,500

127,500

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Citywide Porous Sidewalk and Landscaping Applications 320,000 272,000

48,000

Emerson/Locust Connector Street Drainage Applications 300,000 255,000

45,000

Ordinance No. 2011-36 (Int. No. 44)

Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $300,000, of which amount $200,000 is hereby appropriated from the fund balance of the Refuse Fund and $100,000 is hereby appropriated from the fund balance of the Local Works Fund to fund the Green Fueling Station. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-37 Re: NYSDEC 2010 Water Quality Improvement Program - Green Infrastructure Projects Transmitted herewith for your approval is legislation related to a New York State Department of Environmental Conservation (NYSDEC) Water Quality Improvement Program (WQIP) grant. This legislation will: 1. Appropriate $2,005,500 in anticipated reimbursements from the NYSDEC to finance WQIP grant projects for various City green infrastructure improvements; 2. Amend the 2010-11 Budget by transferring $261,500 from Contingency to Cash Capital to partially fund the City’s match of several grant activities; and 3. Authorize the Mayor as representative to act in behalf of the City in all matters related to State assistance under the WQIP. Competitive grant applications to the NYSDEC for green infrastructure improvement projects and subsequent agreements were authorized by Council in October 2009 (Ordinance No. 2009-348). The WQIP awards to the City, announced in November, will fund 85% of total project costs for four projects to be administered by the Department of Environmental Services. The funding allocations for the projects are summarized as follows:

Total

$2,360,000

$2,005,500

$354,500

The City Hall “B” Building includes a 12,900 square foot roof replaced in summer 2010; modifications to the roof will be designed and installed to incorporate engineered soil and garden plant applications. The “green” roofing system will reduce stormwater runoff and stormwater pollution as well as decrease energy demand in the building. The project will also incorporate permeable asphalt segments in the adjacent parking lot to control runoff of pollutants to surface waters and protect groundwater supply. Cornerstone Park is 13,000 square feet and located at the corner of Stone and Broad Streets. The park infrastructure is deteriorated and requires updating and restoration of the existing water fountain, new pavers and landscaping. Proposed improvements to assist in stormwater runoff in this dense area include permeable pavers, bio-swale and additional landscaping. The updated park will serve adjacent businesses and provide additional public space for patrons of the Bausch & Lomb and Rundel Library facilities. The Department of Environmental Services, Bureaus of Operations and Architecture & Engineering will evaluate several sites in the City for demonstration projects with the application of permeable sidewalks. The application will allow for fifty sites with existing sidewalks to be replaced with permeable sidewalks and tree plantings, which will allow for significant reductions in stormwater runoff and serve as a demonstration project for future sidewalk and landscaping applications. Lastly, a new connector street planned for construction between Emerson Street and Locust Street, approximately mid-block between Dewey and Fulton Avenues, will incorporate a rain garden, porous concrete sidewalks and permeable pavement. The City’s required matching funds for Cornerstone Park Green Infrastructure Improvements and City Hall Green Roof and Permeable Parking Lot will be provided for under the Contingency transfer. The Citywide Porous Sidewalk and Landscap-

TUESDAY, FEBRUARY 22, 2011

Page 51

ing Applications will be incorporated into programmed City transportation improvement projects with the required match provided in the DES Capital Improvement Program, Transportation Category. The City match of the Emerson / Locust Connector Street Drainage Applications will be funded from a bond appropriated in Ordinance No. 2009157 for street improvements.

appropriated from anticipated reimbursements from the New York State Department of Environmental Conservation to finance Water Quality Improvement Program (WQIP) Grant Projects for City green infrastructure improvements as follows, and the Mayor as representative is authorized to act on behalf of the City in all matters relating to State assistance under the WQIP, subject to approval of the local match where not already approved:

These grants will further the City’s contributions to reducing greenhouse gas emissions, protecting water quality and creating models of sustainable community action.

Project

Respectfully submitted, R. Carlos Carballada Acting Mayor

City Hall Green Roof Installation And Permeable Parking Lot $ 890,000 $ 756,000

$134,000

Cornerstone Park Green Infrastructure Improvements 850,000 722,500

127,500

Emerson/Locust Connector Street Drainage Applications 300,000 255,000

45,000

Citywide Porous Sidewalk and Landscaping Applications 320,000 272,000

48,000

Ordinance No. 2011-37 (Int. No. 45) Approving Water Quality Improvement Projects WHEREAS, funds are available for the Projects listed below pursuant to the Bond Acts enacted in 1965, 1972 and 1996 and the Environmental Protection Fund, as well as federal grant awards available for such projects; and WHEREAS, the City of Rochester herein called the "City", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law (“ECL”) authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the City deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Acting Mayor, R. Carlos Carballada, or the Acting Mayor’s successor in office, is the representative authorized to act in behalf of the City Council in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City Council in all matters related to the Project and to State assistance. Section 2. The City agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation. Section 3. The sum of $2,005,500 is hereby

Total Cost

Total

$2,360,000

State Grant

$2,005,500

Local Match

$354,500

Section 4. The City share of the City Hall and Cornerstone Projects shall be funded from the 2010-11 Cash Capital allocation. The City share of the Emerson/Locust Connector Street Drainage Project shall be funded from Bond Ordinance No. 2009-157. The City share of the Citywide Porous Sidewalk and Landscaping Project shall be funded from transportation program funds. Section 5. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $261,500 from the Contingency Account to the Cash Capital allocation to fund the City share of the City Hall and Cornerstone Projects. Section 6. The City Clerk shall prepare and send to the Albany office of the New York State Department of Environmental Conservation one certified copy of this ordinance. Section 7. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-38 Re: Temporary Easement - 103 Court Street Transmitted herewith for your approval is legislation authorizing the acceptance by donation of a temporary easement over a .48 acre portion of 103 Court Street by Lehigh Station, LLC, a holding company of the Farash Corporation.

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The easement allows for continuous build-out of the Genesee River Trail to connect to Downtown, the South Wedge, Erie Harbor, and the University of Rochester, and will enable the implementation of phase one of public improvements as recommended in the Erie Harbor Park Master Plan. The easement is a strategic component for advancing recommendations of the South River Corridor Land Use Plan, the City’s Local Waterfront Revitalization Plan, and the Erie Harbor Park Master plan. Incorporation of this parcel will dramatically improve site lines, access to a major section of Rochester’s downtown riverfront, and correct potentially hazardous conditions associated with the Johnson Seymour Raceway. It will also allow the start of construction on the first of three phases to build and connect a public waterfront promenade on one of the City’s most strategic and undeveloped waterfront parcels. Preliminary concepts for the first phase of Erie Harbor Park involve the relocation of a security fence, paving asphalt trails, establishing turf, minor landscaping, and installation of signage. Authorization of this easement is the first step being undertaken to help clean up this underutilized parcel and stimulate further development on the overall property. The temporary easement has an initial term of ten years, and can be terminated upon the City’s receipt of a bona fide site plan application for private development on the site. Respectfully submitted, R. Carlos Carballada Acting Mayor

Revitalization Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Fisher Associates, Rochester 14623, for additional design services for the Jefferson Avenue Revitalization Project. The original agreement, authorized in July 2009, provided maximum compensation of $230,000; an amendatory agreement in April 2010 (Ordinance No. 2010-125) authorized $35,000 for additional design services. This second amendment will increase compensation by $15,000 for a total of $280,000. The additional cost will be funded from the 2005-06 Cash Capital allocation of the Department of Environmental Services. The project includes installation of a new water main system from Seward Street to Columbia Avenue. Design of the water main assumed a limited amount of conflict with underground rock in the project area. Test pits performed by the Water Bureau confirmed the depth of rock to be 2 feet to 2.5 feet below the surface from Magnolia Street northerly to Columbia Avenue, consistent with record drawings. However, during the private utility phase of the project, which began in fall 2010, the rock depth south of Magnolia Street to South Plymouth Avenue was found to be inconsistent with the record drawings. The additional design services are to redesign the new water main system to incorporate a temporary above-ground piping system during construction. Public meetings regarding the larger project were held on November 30, 2009, March 24, 2010 and September 27, 2010. Copies of the meeting minutes are on file with the City Clerk’s office.

Attachment No. AK-18 Ordinance No. 2011-38 (Int. No. 46) Approving Acceptance Of An Easement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acceptance of the donation of a temporary easement over portions of approximately 0.48 acres of 103 Court Street, SBL No. 121.310-1-33, from the current owner, Lehigh Station, LLC for ten years, for use for a connection to the Genesee River Trail. The easement may terminate through the City’s receipt of a bona fide site plan application for private development on the site. Section 2. This ordinance shall take effect immediately.

It is anticipated the design will be completed in early 2011; construction will begin in spring/summer 2011 with substantial completion by fall 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-19 Ordinance No. 2011-39 (Int. No. 47) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Jefferson Avenue Revitalization Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-39 Re: Amendatory Agreement - Fisher Associates, Jefferson Avenue

Section 1. The sum of $15,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Fisher Associates for engineering planning and design services for the Jefferson Avenue Revitalization Project (South Plymouth Avenue to West

TUESDAY, FEBRUARY 22, 2011 Main Street). The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Said amount shall be funded from the 2005-06 Cash Capital allocation. Section 2. This ordinance shall take effect immediately.

Page 53 the electricity, but the Mayor is authorized to exercise an option for a fixed rate at any time. Funding shall be provided from the 2010-11 and subsequent City budgets, contingent upon approval of subsequent budgets.

Passed unanimously.

Section 3. The amendatory agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

TO THE COUNCIL Ladies and Gentlemen:

Section 4. This ordinance shall take effect immediately.

Ordinance No. 2011-40 Re: Amendatory Agreement - Constellation NewEnergy, Inc., Electricity Supply

Passed unanimously.

Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Constellation NewEnergy, Inc. for the continued supply of electricity to all City facilities, including street lighting accounts, public libraries, the Blue Cross Arena, and the Rochester Riverside Convention Center. The original agreement was authorized by City Council in September 2005 (Ord. No 2005-295), with an amendatory agreement in December 2007 (Ord. No. 2007-456). Constellation NewEnergy was selected in 2005 through a detailed request for proposal process; they were recommended based on the price package offered, experience with large municipal customers, their presence in the Rochester area, and their commitment to the continued development of green initiatives. This amendment will extend the term of agreement through January 2014. The City will initially pay a variable rate for electricity, but has the option to switch to a fixed rate at any time. Funding for the agreement shall be provided from the 2010-11 and subsequent City budgets, contingent upon approval of subsequent budgets. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-40 (Int. No. 48) Authorizing An Amendatory Agreement For The Supply Of Electricity To City Facilities BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an amendatory agreement with Constellation NewEnergy, Inc. for the supply of electricity, as a commodity, to all City facilities, including street lighting accounts, public libraries, the Blue Cross Arena at the War Memorial and the Rochester Riverside Convention Center, for an additional term not to exceed two years. Section 2. The amendatory agreement may obligate the City to initially pay a variable rate for

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-41 Re: Agreement - O’Brien & Gere, Inc., Environmental Investigation Services Transmitted herewith for your approval is legislation establishing $149,300 as maximum compensation for an agreement with O’Brien & Gere Engineers, Inc., Rochester, for environmental investigation services at 24 Seneca Avenue and appropriating $126,808 from an Environmental Restoration Program (ERP) grant through the New York State Department of Environmental Conservation (NYSDEC) to finance a portion of the agreement. The remaining amount of the agreement, $22,492, will be funded from 2006-07 ($12,492) and 200910 ($10,000) Cash Capital. The site consists of one parcel measuring approximately 2.79 acres, and is located in a commercial/industrial area on the north side of Norton Street at the intersection of Seneca Avenue. Currently, property taxes for the site are in arrears in excess of $745,000. Under the NYS Environmental Conservation Law, the City secured access to the property for the purpose of conducting environmental investigations. O’Brien & Gere, under a previous agreement (Ordinance No. 2007-317), completed a remedial investigation of the site in April 2010. However, the NYSDEC has identified additional investigation requirements that need to be satisfied before a remedial plan and cost estimate can be prepared. Under the new agreement, O’Brien & Gere will conduct a supplemental remedial investigation to more completely define the nature and extent of contamination at the site. Investigation tasks will include soil and groundwater sampling and evaluation; hydraulic conductivity testing; dye testing of site drains and drywells; health and safety and community air monitoring; waste stream management; and additional soil vapor intrusion sampling at both on- and off-site locations. The resulting data will be used to complete a final remediation investigation report and vapor intrusion study report, and to select a proposed remedial action plan and cost estimate. The firm of O’Brien & Gere is recommended based

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TUESDAY, FEBRUARY 22, 2011

on its successful completion of the initial scope of work and level of familiarity with the site. The agreement will have a term of one year with an option for a one-year renewal. The additional investigation and remedy selection are expected to be completed by December 2011.

2. $47,432 from a New York State Environmental Restoration Program (NYSERP) brownfield cleanup grant.

Once a remedial action plan has been approved by the NYSDEC and a cleanup cost estimate prepared, the City will be in a position to evaluate the consequences of foreclosing on the 24 Seneca Avenue parcel as well as potential reuses of the site.

The balance of the cost of the agreement will be funded from previously appropriated NYSERP grant funds (Ordinance No. 2007-353) in the amount of $125,000; and from previously authorized bonds (Ordinance No. 2006-227) in the amount of $150,000. The balance of the appropriated EPA grant funds, $40,000, will be used to reimburse the City for staff and supply costs required to conduct the project.

Respectfully submitted, R. Carlos Carballada Acting Mayor

The four-acre site is currently owned by the City and was previously the location of the former AC Delco Appliance facility. Ordinance No. 2011-41 (Int. No. 49)

Establishing Maximum Compensation For A Professional Services Agreement For Cleanup Of 24 Seneca Avenue BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $149,300, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and O’Brien & Gere Engineers, Inc. to complete a supplemental remedial investigation, soil vapor intrusion study and remedial alternatives report for 24 Seneca Avenue. Of said amount, $126,808 is hereby appropriated from New York State Environmental Restoration Program Grant Funds, $12,492 shall be funded from the 2006-07 Cash Capital allocation and $10,000 shall be funded from the 2009-10 Cash Capital allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-42 Re: Agreement - Lu Engineers, 415 Orchard Street and 354 Whitney Street Environmental Cleanup Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Lu Engineers for environmental cleanup services at 415 Orchard Street and 354 Whitney Street. The original agreement, authorized in May 2006, established compensation of $465,100. This amendment will increase compensation by $482,400. To partially fund the agreement, this legislation will also authorize appropriations as follows: 1. $200,000 from a US Environmental Protection Agency (USEPA) Brownfield Cleanup grant; and

Lu Engineers completed a detailed environmental site investigation in June 2009 as authorized through Ordinance No. 2006-107. The consultant will now complete additional subsurface investigations needed to develop a remedial work plan. Cleanup activities will include the removal of abandoned underground storage tanks, hydraulic lifts, and a former plating area; and the proper handling, management, and disposal of all contaminated soils, groundwater, wastes, and building materials. It is anticipated that, with the completion of these remedial steps, the New York State Department of Environmental Conservation will determine that no additional cleanup will be required. Lu Engineers will also complete an evaluation of engineering, geotechnical, utility, and infrastructure conditions which may have an impact on the future use of the property. Subsurface environmental investigation and remedial activities are expected to be completed by January 2012. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-42 (Int. No. 50) Establishing Maximum Compensation For A Professional Services Agreement For Cleanup Of The Former AC Delco Appliance Site BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $482,400, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Lu Engineers to complete supplemental interim remedial measures and a pre-development conditions analysis for the former AC Delco Appliance site at 415 Orchard Street and 354 Whitney Street. Of said amount, $125,000 shall be funded from the New York State Environmental Restoration Program Grant funds appropriated in Section 2 of Ordinance No. 2007-353, $47,400 shall be funded from the

TUESDAY, FEBRUARY 22, 2011

Page 55

New York State Environmental Restoration Program Grant funds appropriated in Section 3, $160,000 shall be funded from the appropriation made in Section 2 and $150,000 shall be funded from Bond Ordinance No. 2006-227.

based upon the bid amount are as follows:

Section 2. The sum of $200,000 is hereby appropriated from United States Environmental Protection Agency Brownfield Cleanup Grant Funds to fund the cleanup of the site.

Street bond $1,456,155 $183,400 $166,445 $1,806,000 Water bond 408,596 48,600 42,804 500,000 Traffic calming cash 20,984 0 2,100 23,084 Total $1,885,735 $232,000 $211,349 $2,329,084

Section 3. The sum of $47,432 is hereby appropriated from New York State Environmental Restoration Program Grant Funds to fund the cleanup of the site. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-43, Ordinance No. 2011-44 and Ordinance No. 2011-45 Re: Agreement - Lu Engineers, Westfield Street and Penhurst Street Improvements Transmitted herewith for your approval is legislation related to the Westfield Street and Penhurst Street Improvement Project. This legislation will: 1. Establish $232,000 as maximum compensation for a professional services agreement with Lu Engineers, Pittsford, NY, for Resident Project Representation (RPR) services. The cost of the agreement will be funded from the appropriations requested herein; 2. Authorize the issuance of bonds totaling $1,806,000 and the appropriation of the proceeds thereof to finance the cost of the street and sewer improvements; and 3. Authorize the issuance of bonds totaling $500,000 and the appropriation of the proceeds thereof to finance the cost of the water improvements. The project includes new granite stone curb, pavement reconstruction (on Westfield Street), replacement of sidewalks as necessary, water service replacement, driveway aprons, catch basins, infill tree planting and lawn restoration. The project was designed by the Department of Environmental Services, Bureau of Architecture and Engineering. Bids for construction were received on February 8, 2011. The apparent low bid of $1,885,734.72 was submitted by Villager Construction, Inc. which is 18.7% less than the engineer’s estimate. An additional $211,349 will be allocated for project contingencies which include street lighting costs, tree plantings and other items not included in the contract.

Category Construction RPR Contingency

A request for qualifications was posted to the City’s website: four firms responded: Clark Patterson Lee; Lu Engineers; Passero Associates; and Stantec Consulting Services. Lu Engineers was selected to perform RPR services based on its familiarity, expertise and staffing assigned to the project. A public meeting was held on August 24, 2010; the minutes are attached. It is estimated that this project will create or retain 23 jobs. Construction is scheduled to begin in April 2011 and be completed in September 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-20 Ordinance No. 2011-43 (Int. No. 54) Establishing Maximum Compensation For A Professional Services Agreement For The Westfield Street And Penhurst Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $232,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Lu Engineers for resident project representation services related to the Westfield Street and Penhurst Street Improvement Project. The agreement may extend until three (3) months after completion of a twoyear guarantee inspection of the Project. Of said amount, $183,400 shall be funded from a bond ordinance adopted for street purposes and $48,600 shall be funded from a bond ordinance adopted for water purposes. Section 2. This ordinance shall take effect immediately. Passed unanimously.

The costs for the categories of work for the project

Total

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TUESDAY, FEBRUARY 22, 2011 Ordinance No. 2011-44 (Int. No. 55)

Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,806,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Westfield Street And Penhurst Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction and reconstruction of certain streets as a part of the Westfield Street and Penhurst Street Improvement Project in the City (the "Project"). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $1,806,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,806,000 bonds of the City and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $1,806,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in an amount not to exceed the estimated maximum cost. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on

said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-45 (Int. No. 56) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $500,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Westfield Street And Penhurst Street Improvement Project

TUESDAY, FEBRUARY 22, 2011 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the Westfield Street and Penhurst Street Improvement Project in the City (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $500,000 bonds of the City to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $500,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $500,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or

Page 57 the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-46 Re: Agreement - Erdman Anthony, 2011 Federal Aid Preventive Maintenance Transportation Project Transmitted herewith for your approval is legislation related to a Federal Aid street improvement project. This legislation will: 1. Establish $75,000 as maximum compensation for an agreement with Erdman Anthony, Rochester 14623, for design services for the 2011 Preventative Maintenance at Three Locations Project. The cost of the agreement will be funded from 2010-11 Cash Capital ($15,000) and from Federal Aid appropriations ($60,000).

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2. Amend Ordinance No. 2010-330 to reflect the change in source of funds for the design services agreement. The source was originally identified as the 2010-11 Budget of the Department of Environmental Services. 3. Appropriate an additional $9,409 in Federal aid for the cost of project design. This project includes three locations: Otis Street (Mt. Read Boulevard to Sherman Street), University Avenue (North Street to East Main Street), and South Avenue (Griffith Street to Woodbury Boulevard). Improvements will include milling and resurfacing pavement; spot curb replacements; installation or upgrade of sidewalk curb ramps; adjustment and repair of manholes, receiving basins, and water valve castings; and replacement of traffic markings. These improvements will enhance surface drainage and riding quality of the roadway, improve handicap accessibility, and extend the useful life of the pavement. Ordinance No. 2010-330 previously authorized an agreement with the New York State Department of Transportation (NYSDOT) to administer the project, committed City funds in the amount of $74,490 for project design costs, and appropriated $59,591 in Federal Aid. The project was initially planned to be designed inhouse. However, staff vacancies and project schedule constraints from NYSDOT led to the recommendation of consulting design services. Qualifications were solicited from fourteen firms approved by NYSDOT. Nine responded: Erdman Anthony, Barton & Loguidice, P.C., C&S Companies, Hunt Engineers, Architects and Land Surveyors, Fisher Associates, Lu Engineers, Popli Design Group, Ravi Engineering & Land Surveying, P.C., and T.Y. Lin International. Based on their qualifications and approach to the project, Erdman Anthony was selected. Total costs for design of the project, including City administrative costs of $11,250, are estimated to be $86,250. Federal Aid in the amount of $69,000 will reimburse the City for 80% of eligible costs; local funds will support the balance. Ordinance No. 2010-330 appropriated $59,591 for the originally estimated Federal share; additional Federal Aid, in the amount of $9,409, is available to finance the current estimate. Design services will begin in spring 2011; it is anticipated that construction will begin in summer 2011, with scheduled completion in fall 2011. This project results in one job created or retained.

Professional Services Agreement For The 2011 Preventive Maintenance Projects BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $75,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Erdman Anthony & Associates, Inc. for design services for the 2011 Preventive Maintenance at Three Locations Transportation Improvement Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $15,000 shall be funded from the 2010-11 Cash Capital allocation and $60,000 shall be funded from the Federal Highway Administration funds appropriated in Section 5 of Ordinance No. 2010-330 and from the appropriation made in Section 2. Section 2. The sum of $9,409 is hereby appropriated from funds to be received from the Federal Highway Administration to pay for design services for the Preventive Maintenance at Three Locations Transportation Improvement Project. Section 3. Ordinance No. 2010-330, relating to the 2011 Preventive Maintenance at Three Locations Transportation Improvement Project, is amended to replace the funding identified therein with the funding identified in this ordinance, and to appropriate the Federal Highway Administration funds in Section 5 to fund design services through this agreement instead of through the City. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-47 and Ordinance No. 2011-48 Re: US Environmental Protection Agency Regulation Compliance - Rush Reservoir Liner and Floating Cover Project Transmitted herewith for your approval is legislation amending the 2010-11 Budget by transferring $1,965,000 of the Water Fund balance to Cash Capital; and authorizing the issuance of bonds totaling $8,535,000 and the appropriation of the proceeds thereof to finance the Rush Reservoir Liner and Floating Cover Project. The City is required by the Environmental Protection Agency (EPA) Long Term 2 Enhanced Surface Water Treatment Rule (LT2) to bring its three uncovered drinking water reservoirs into compliance. Phase I included the design and installation of a liner for the Highland Reservoir.

Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-21 Ordinance No. 2011-46 (Int. No. 57) Establishing Maximum Compensation For A

Phase II includes the design and installation of a liner and floating cover for Rush Reservoir. And Phase III will address both Cobbs Hill and High-

TUESDAY, FEBRUARY 22, 2011 land Reservoirs with the installation of ultraviolet disinfection treatment systems. Completion of all three phases of the project is expected by 2014. Rush Reservoir was constructed in 1874-76. Prior repairs were conducted in 1991 when the reservoir was taken offline for silt removal and repairs. During that project, soft spots were identified in the dirt floor of the reservoir, requiring installation of a buttress wall to the eastern reservoir embankment to improve the stability of the structure. The current project will include the installation at Rush Reservoir of a new liner that will prevent water from leaking through the basin, and a floating cover system to prevent airborne and animal contamination. Also included are modifications to the water supply lines to improve and maintain water quality, and repairs to various reservoir structures that have deteriorated with age. Project design and RPR services will be provided by Malcolm Pirnie, Inc., as authorized in March 2010 (Ordinance No. 2010-78). Bids for the improvements were received on January 27, 2011. The general construction work will be performed by Crane Hogan Structural Systems, Inc. at a cost of $9,382,900, which is 22% less than the engineering estimate. The electrical construction work will be performed by Hewitt Young LLC at a cost of $185,300, which is 8% less than the engineering estimate. An additional $931,800 representing 10% of project construction value will be provided for contingencies. Construction will begin in spring 2011 with completion in fall 2012. Using the ARRA guidelines of a $92,000 investment as the value of one job, it is anticipated that a total of 104 jobs will be created or retained through this project. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-22 Ordinance No. 2011-47 (Int. No. 58) Amending The 2010-11 Budget For The Rush Reservoir Liner and Floating Cover Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $1,965,000, which amount is hereby appropriated from the fund balance of the Water Fund to fund the Rush Reservoir Liner and Floating Cover Improvement Project. Section 2. This ordinance shall take effect im-

Page 59 mediately. Passed unanimously. Ordinance No. 2011-48 (Int. No. 59) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $8,535,000 Bonds Of Said City To Finance The Cost Of Construction Of The Rush Reservoir Liner And Floating Cover Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of construction of the Rush Reservoir Liner and Floating Cover Improvement Project, which includes the installation of a liner and floating cover system for the Rush Reservoir, modifications to the water lines that supply the Rush Reservoir, and improvements to structures within the Rush Reservoir, and necessary engineering services (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $10,500,000. The plan of financing includes the issuance of $8,535,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $1,965,000 in current City funds, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $8,535,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $8,535,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be gen-

Page 60 eral obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or

TUESDAY, FEBRUARY 22, 2011 Ordinance No. 2011-49 Re: Geometric Changes - East Broad, Chestnut and Court Streets Improvement Project Transmitted herewith for your approval is legislation authorizing geometric changes for the East Broad, Chestnut and Court Streets Improvement Project; authorizing a change in the direction of traffic flow on East Broad Street between Broadway and Chestnut Street from one way westbound to two-way traffic; and the removal of a roadway known as James Street. The changes are specified in the legislation. The project includes the rehabilitation or reconstruction of pavement; installation of new curbs, catch basins and driveway aprons; replacement of sidewalks, lighting, traffic signals and water mains, as required; and tree planting. The intent of the pavement width changes is to improve the flow of traffic while also making these corridors more pedestrian and bicycle friendly. Incorporated in the geometric changes is the elimination of what is known as James Street, from Broadway to Chestnut Street; the pavement will be converted to grassland but shall remain part of the right-of-way. Future legislative approvals will be sought for additional right-of-way as part of the project. Construction is scheduled to begin in spring 2011, with substantial completion by spring 2012. A public hearing is required. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-23

(b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

Ordinance No. 2011-49 (Int. No. 53) Approving Geometric Changes And Changes In The Pavement Width Of Chestnut Street, Court Street, Manhattan Square Drive, Broadway And East Broad Street, And The Removal Of The James Street Roadway As Part Of The East Broad Street/Chestnut Street/Court Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following changes in the pavement width of Chestnut Street from Pitkin Street to Broad Street as part of the East Broad Street/Chestnut Street/Court Street Improvement Project: a. A variable decrease from an existing variable width of 82 feet to 77 feet to a proposed variable width of 82 feet to 61 feet (a variable narrowing of 0 feet to 16 feet) from 180 feet south of Johnson Street to 70 feet north of Johnson Street;

TUESDAY, FEBRUARY 22, 2011 b. A decrease from an existing 77 foot width to a proposed width of 61 feet (a narrowing of 16 feet) from 98 feet south of Woodbury Boulevard to Woodbury Boulevard; c. A decrease from an existing 66 foot width to a proposed width of 61 feet (a narrowing of 5 feet) from Woodbury Boulevard to 70 feet north of Woodbury Boulevard; d. An increase from an existing 66 foot width to a proposed width of 77 feet (a widening of 9 feet) from the above point to 200 feet north of Woodbury Boulevard;

Page 61 (a narrowing of 32 feet) at the proposed roundabout. Section 3. The Council hereby further approves the following changes in the pavement width of Manhattan Square Drive as part of the East Broad Street/Chestnut Street/Court Street Improvement Project: a. A decrease from an existing 22 foot width to a proposed width of 12 feet (a narrowing of 10 feet) from the proposed roundabout to 40 feet south of the proposed roundabout.

e.

A decrease from an existing 76 foot width to a proposed width of 69 feet (a narrowing of 7 feet) from the point above to a point 210 feet south of Court Street;

Section 4. The Council hereby further approves the following changes in the pavement width of Broad Street from Chestnut Street to Pitkin Street as part of the East Broad Street/Chestnut Street/Court Street Improvement Project:

f.

An increase from an existing 66 foot width to a proposed width of 69 feet (a widening of 3 feet) from the above point to 70 feet south of Court Street;

a. An increase from an existing 36 foot width to a proposed width of 48 feet (a widening of 12 feet) from Chestnut Street to 65 feet east of Chestnut Street;

g. A decrease from an existing 66 foot width to a proposed width of 61 feet (a narrowing of 5 feet) from the point above to Court Street;

b. A variable increase from the existing 36 foot width to a proposed variable width of 55 feet starting from the point above (a widening of 19 feet) to a width of 45 feet 438 feet east of Chestnut Street (a widening of 9 feet);

h. Remove the slip ramps from eastbound Court Street to southbound Chestnut Street and from northbound Chestnut Street to eastbound Court Street; and An increase from an existing 50 foot width to a proposed width of 52.5 feet (a widening of 2.5 feet) from Court Street to Broad Street.

c. A variable increase tapering to a variable decrease from an existing width of 36 feet to a proposed variable width of 37 feet (a 1 foot increase) starting from the point above and tapering to a variable width of 30 feet (a decrease of 6 feet) at the proposed roundabout;

Section 2. The Council hereby further approves the following changes in the pavement width of Court Street from Chestnut Street to Broadway as part of the East Broad Street/Chestnut Street/Court Street Improvement Project:

d. A decrease from an existing 84 foot width to a proposed width of 39 feet (a narrowing of 45 feet) from starting at the proposed roundabout to 65 feet east of the proposed roundabout;

i.

a. A decrease from an existing 44 foot width to a proposed width of 24 feet (a narrowing of 20 feet) from Chestnut Street to a point 125 feet east of Chestnut Street;

e.

A decrease from an existing 84 foot width to a proposed width of 47 feet (a narrowing of 37 feet) from the point above to 130 feet east of the proposed roundabout;

b. A decrease from an existing 44 foot width to a proposed width of 38 feet (a narrowing of 6 feet) from the point above to a point 365 feet east of Chestnut Street;

f.

A decrease from an existing 84 foot width to a proposed width of 55 feet (a narrowing of 29 feet) from the point above to 272 feet east of the proposed roundabout;

c. A decrease from an existing 44 foot width to a proposed width of 30 feet (a narrowing of 14 feet) from the point above to a point 410 feet east of Chestnut Street;

g. A decrease from an existing 84 foot width to a proposed width of 47 feet (a narrowing of 37 feet) from the point above to 316 feet east of the proposed roundabout;

d. A decrease from an existing 44 foot width to a proposed width of 38 feet (a narrowing of 6 feet) from the point above to a point 490 feet east of Chestnut Street; and

h. A variable decrease from the existing 84 foot width to a proposed variable width of 55 feet starting from the point above (a narrowing of 29 feet) to a width of 59 feet 607 feet east of the proposed roundabout (a narrowing of 25 feet);

e.

A variable decrease from an existing width of 44 feet to a proposed variable width of 38 feet starting from the point above (a narrowing of 6 feet) to a proposed width of 12 feet

i.

A decrease from an existing 84 foot width to a proposed width of 52 feet (a narrowing of

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32 feet) from 45 feet west of Pitkin Street to Pitkin Street.

PUBLIC SAFETY, YOUTH & RECREATION COMMITTEE

Section 5. The Council hereby further approves the removal of the roadway known as James Street located within the East Broad Street right of way from Broadway to Chestnut Street.

Received, filed and published.

Section 6. The Council hereby further approves the following changes in the pavement width of Broadway as part of the East Broad Street/Chestnut Street/Court Street Improvement Project:

Ordinance No. 2011-50 Re: Budget Amendment - Emergency Communications

a. A variable decrease from an existing width of 32 feet to a proposed variable width of 32 feet starting 145 feet north of the proposed roundabout to a proposed width of 30 feet (a narrowing of 2 feet) at the proposed roundabout. Section 7. The Council hereby further approves the following geometric changes in the intersection of East Broad Street, Court Street, Broadway and Manhattan Square Drive as part of the East Broad Street/Chestnut Street/Court Street Improvement Project: a. The installation of a circular, 52 foot diameter center island;

TO THE COUNCIL Ladies and Gentlemen:

Transmitted herewith for your approval is legislation amending the 2010-11 Budget of the Emergency Communications Department (ECD) by $224,700 to reflect an anticipated reimbursement from Monroe County. These funds will be used to purchase a recorder system that is compatible with Windows 7. In order to get the replacement system installed as soon as possible, the City will order the system and will be reimbursed by the County through the City County 911 Operating Agreement. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-50 (Int. No. 51)

b. The installation of a 33 foot wide circulatory truck apron around the island; and c. The installation of a 16 foot wide circulatory traffic lane around the truck apron. Section 8. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 9. This ordinance shall take effect immediately. Passed unanimously. By Councilmember McFadden February 22, 2011

Amending The 2010-11 Budget For The Emergency Communications Department BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Emergency Communications Department by the sum of $224,700, which amount is hereby appropriated from funds to be received from the County of Monroe. Section 2. This ordinance shall take effect immediately.

To the Council: Passed unanimously. The Public Safety, Youth & Recreation Committee recommends for adoption the following entitled legislation:

TO THE COUNCIL Ladies and Gentlemen:

Int. No. 51 - Amending The 2010-11 Budget For The Emergency Communications Department

Ordinance No. 2011-51 Re: Agreement - Alpine Software Corp.

Int. No. 52 - Establishing Maximum Compensation For A Professional Services Agreement For A Computerized Records Management System For The Rochester Fire Department

Transmitted herewith for your approval is legislation authorizing an annual agreement with Alpine Software Corporation, Pittsford, NY for software technical support and maintenance. Maximum compensation for first year, $36,000, will be funded from the 2010-11 Budget of the Fire Department. Subsequent years will be financed from the annual budgets of the Fire Department, contingent upon approval, and will include an annual increase not to exceed 4%.

Respectfully submitted, Adam C. McFadden Jacklyn Ortiz Lovely A. Warren Elaine M. Spaull

TUESDAY, FEBRUARY 22, 2011 - MARCH 22, 2011 Red NMX software is unique for fire service operations and provides an integrated records management system to facilitate administrative and incident data management and report generation. The RFD is required to gather incident data for all calls for service per the National Fire Incident Reporting System (NFIRS) mandated by the Federal Emergency Management Agency. The system captures incident data, as well as other administrative functions, including: ● ● ● ●

Annual NFIRS Reporting Personnel Data and Reports Daily Rosters Fire Safety Inspections and Violations Tracking ● Fire Safety Permits and Tracking

The RFD has successfully used RedNMX for the last five years. The agreement will be for one year, with options for five one-year renewals. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-24 Ordinance No. 2011-51 (Int. No. 52) Establishing Maximum Compensation For A Professional Services Agreement For A Computerized Records Management System For The Rochester Fire Department BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $36,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for the first year of a professional services agreement between the City and the Alpine Software Corporation for software technical support and maintenance for a computerized records management system for the Rochester Fire Department. Said amount shall be funded from the 2010-11 Budget of the Fire Department. The agreement may be renewed for 5 additional years, with annual increases not to exceed 4%, which amounts shall be funded from the annual budgets of the Fire Department, contingent upon adoption of said budgets. Section 2. This ordinance shall take effect immediately.

Page 63 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9 Absent - None - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Environmental Services *Virginia L. Beard *Gary G. Jelks *James G. Sanagorski *Gordon L. Stringer Fire Department *Samuel Alicata *Frederick E. Chesterton, Jr. Police Department *Charles J. Dominic *Joseph R. Guelli *Sherman L. Scott *John Zampatori *Did not attend meeting. APPROVAL OF THE MINUTES By Councilmember Scott RESOLVED, that the minutes of the Regular Meeting of February 22, 2011 be approved as published in the official sheets of the Proceedings. Passed unanimously. COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS. The following communications are hereby directed to be received and filed: The Mayor submits the following: Administrative Cancellation or Refund of Erroneous Taxes and Charges 4044-11 Quarterly Reports 4045-11 General Liability Claims Workers Compensation Claims PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES.

Passed unanimously.

Petition opposing prohibition on cash payments by pawnbrokers for pawned items, 2152 signatures. Petition No. 1649

The meeting was adjourned at 8:34 pm

PUBLIC HEARINGS.

DANIEL B. KARIN City Clerk

Pursuant to law public hearing will now be had on the following matter: *****

REGULAR MEETING MARCH 22 2011

Changing The Traffic Flow On Van Stallen Street From Joseph Avenue To Klein Street From Two-Way To One-Way Eastbound Int. No. 76 1 speaker Ms. Hernandez.

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Local Improvement Ordinance - Public Improvements At 500 University Avenue As A Part Of The University Avenue And ARTWalk Extension Improvement Project Int. No. 99 3 speakers Richard Margolis, Moira Lemperle, Doug Rice. Local Improvement Ordinance - Snow Removal At The Public Market Int. No. 83 No speakers. Local Improvement Ordinance - Security At The Public Market Int. No. 84 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin March 22, 2011

create a pool of resources that can be used to help close the projected $50 million 2011-12 budget gap. The remaining amount (approximately $2 million) will remain in department operating budgets and will not be spent to ensure we complete the current fiscal year in a positive position as expected by the credit rating agencies. Currently, the City has 85 vacant full-time positions, and 23 of them will be affected through this mid-year effort. Sixteen of these vacant positions will be held vacant for an extended period of time, and seven will be eliminated. In addition, the elimination of eight filled full-time positions and seven filled part-time positions will result in layoffs this spring as part of this cost cutting effort. The following departmental saving transfers are proposed:

To the Council: The Finance Committee recommends for adoption the following entitled legislation: Int. No. 63 - Amending The 2010-11 Budget, As Amended Int. No. 64 - Establishing Maximum Compensation For A Professional Services Agreement For Computer Protection Services, As Amended Int. No. 65 - Authorizing A Collections Agreement For The Parking/Municipal Code Violations Bureau Int. No. 66 - Authorizing Extension Of Agreements For Merchant Card Payments

Mayor’s Office Council and Clerk OMB HRM Communications Law NBD Finance Library Environmental Services Recreation and Youth Services Police Fire Cash Capital Total

$

93,700 5,500 121,300 90,000 110,000 94,100 261,800 149,900 18,100 231,000

114,700 942,900 515,700 40,000 $2,788,700

Program changes are limited to the following: Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Loretta C. Scott Lovely A. Warren FINANCE COMMITTEE Received, filed and published TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-52 Re: Budget Amendment - 2010-11 Savings In Preparation for 2011-12 Budget

● Cancellation of City support of the planned restoration of the library bookmobile service. ● An automatic voice response system is now the initial screening at 311, enabling a reduction in call volume handled by 311 staff. ● Cancellation of the omnium bike race. ● Cancellation of the police and fire recruit class. ● Reinstatement of contract security services at the Parking Garages.

Transmitted herewith for your approval is legislation amending the 2010-11 Budget to increase the Tax Relief Account in the Undistributed Budget; provide funds for Fire equipment; and to provide funds for repairs at the Blue Cross Arena.

The Senior Management Team continues to pursue additional cost saving measures and will provide updates to City Council as the preparation of the 2011-12 budget proceeds.

Tax Relief Account. The Senior Management Team has identified and implemented a number of mid-year cost saving measures to offset midyear reductions in State aid, and reductions in County support for downtown public safety. To date, $4.8 million in savings have been identified; of this amount, $2,788,700 will be transferred into the Undistributed Budget Tax Relief Account to

Fire Department Equipment A total of $364,000 will be transferred from contingency to cash capital to fund Self Contained Breathing Apparatus (SCBAs) for the Fire Department. The SCBAs are near the end of their warranty period and this allocation, combined with the planned 2011-12 allocation, will enable the department to initiate the purchasing process.

TUESDAY, MARCH 22, 2011

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Blue Cross Arena at the War Memorial. A total of $200,000 will be transferred from the War Memorial Fund balance to Cash Capital and appropriated to fund health and safety repairs at the Blue Cross Arena. The installation of catwalk cabling at the Blue Cross Arena is to be used to tie off event riggers during the installation of such things as sound and lighting equipment to support events. This requirement is to maintain on-going safety and liability and potential OSHA regulatory requirements. Also, the tunnel under Exchange Street that connects the Civic Center Garage to the Arena is experiencing water infiltration. It is likely that the water is coming in from above the tunnel through deteriorated concrete and fill materials covering the tunnel roof. Repairs will correct this problem and thereby protect the public who use this tunnel.

Section 4. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-53 Re: Agreement - Dox Electronics, Inc., Network Intrusion Protection System

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-52 (Int. No. 63, As Amended) Amending The 2010-11 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by decreasing revenue estimates from state aid and the following appropriations by the sum of $2,788,700 and by transferring said sum to the Tax Relief Account in Undistributed Expense: Mayor’s Office Council and Clerk Office of Management and Budget Human Resource Management Communications Law Neighborhood and Business Development Finance Library Environmental Services Recreation and Youth Services Police Fire Cash Capital

Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $[200,000] 75,000, which amount is hereby appropriated from the fund balance of the War Memorial Fund to fund health and safety repairs at the Blue Cross Arena at the War Memorial.

$ 93,700 5,500 121,300 90,000 110,000 94,100 261,800 149,900 18,100 231,000 114,700 942,900 515,700 40,000

Section 2. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $364,000 from the Contingency allocation to the Cash Capital allocation to fund the purchase of self contained breathing apparatus for the Fire Department.

Transmitted herewith for your approval is legislation establishing $48,977 as maximum compensation for an agreement with Dox Electronics, Rochester 14607, for the purchase and installation of a network intrusion protection system and three years of technical support. The cost of this agreement will be funded from 2008-09 Cash Capital. The system is a hardware device that examines all network traffic between the City and outside sources for evidence of viruses and malicious activity. The system can be configured to warn administrators and/or block activity when malicious actions are suspected. The system currently in place was purchased several years ago (prior to 2005) from City SecurityMetrics, Inc. (Orem, UT). Device software updates from SecurityMetrics have increasingly been poorly designed, resulting in device failure and, in some cases, internet outages. Additionally, low rates of detection by the device have necessitated a highly manual process for reviewing dozens of new events each day. The maintenance agreement with SecurityMetrics expired on February 14, 2011 and has not been renewed. Requests for quotes were sent to Dox Electronics, Vandis, Inc. (Albertson, NY) and SourceFire, Inc. (Columbia, MD). Dox Electronics returned the low bid. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-53 (Int. No. 64, As Amended) Establishing Maximum Compensation For A Professional Services Agreement For Computer Protection Services

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TUESDAY, MARCH 22, 2011

BE IT ORDAINED, by the Council of the City of Rochester as follows:

annual commissions paid to both previous providers.

Section 1. The sum of $[48,977] 54,609, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Dox Electronics for the purchase and installation of a computer network intrusion protection system and three years of technical support. Said amount shall be funded from the 2008-09 Cash Capital allocation.

Respectfully submitted, R. Carlos Carballada Acting Mayor

Section 2. immediately.

Ordinance No. 2011-54 (Int. No. 65) Authorizing A Collections Agreement For The Parking/Municipal Code Violations Bureau

This ordinance shall take effect

Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-54 Re: Agreements - Parking and Municipal Code Violations Collection Services Transmitted herewith for your approval is legislation authorizing an agreement with EOS CCA, Rochester 14623, for the collection of unpaid parking and municipal code violations. The cost of these services will be financed from the collection revenues.

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with EOS CCA for the collection of unpaid parking and Municipal Code violations judgments for a term of three years, with options for two annual extensions. Section 2. The agreement shall authorize EOS CCA to retain twelve percent (12%) of the amount collected as commission. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. All parking violation and municipal code violations that remain unpaid ninety days after issuance become, by default, civil judgments. Since 1979, the collection of these judgments has been assigned to private companies.

TO THE COUNCIL Ladies and Gentlemen:

Agreements with two collection companies, Credit Bureau of Rochester (currently EOS CCA), and Mercantile Adjustment Bureau, were authorized by the City Council in November, 2007. These agreements expired December 31, 2010. In the past, the total annual commission for both companies (30% and 24% of collections, respectively) averaged $400,000. In 2009-10, EOS CCA collected $601,275, earning a commission of $180,382, resulting in revenue for the City of $420,893.

Transmitted herewith for your approval is legislation authorizing amendatory agreements with M&T Bank and Hamer Enterprises for continued merchant card services. This amendment will extend the agreements for an additional one-year period through June 30, 2012.

In December, the Department of Finance issued a request for proposals for collection services. Proposals were received from five firms: EOS CCA; Mercantile Adjustment Bureau, LLC, Rochester 14611; Penn Credit Corporation, Harrisburg, PA; MSB Government Services, Austin, TX; and Duncan Solutions, Milwaukee, WI. Proposals were evaluated by Parking Bureau staff and rated on corporate experience, collection performance, and credit reporting procedures. Based on ratings, EOS CCA is recommended. EOS CCA also proposed that as a single provider they would reduce their commission to 12% of total collections, resulting in an annual savings to the City of over $244,000 compared to average

Ordinance No. 2011-55 Re: Amendatory Agreements - M&T Bank And Hamer Enterprises, Credit Card Services

The original agreement with M&T Bank, authorized by Ordinance No. 2005-136, was for a threeyear period with the option for three additional one-year renewals, and expires on June 30, 2011. This agreement includes M&T Bank’s use of Hamer Enterprises for the provision of web-based merchant card processing. A separate agreement with Hamer Enterprises for the provision of credit card services for tax payments was authorized by Ordinance No. 2010-68. This contract provides for the acceptance of credit cards for tax payments with the 3% convenience fee passed on to the taxpayer. This agreement also expires June 30, 2011. This extension will provide the appropriate overlap as the City’s new financial systems are im-

TUESDAY, MARCH 22, 2011 plemented as part of the PSI initiative. It is anticipated that all current City payment and banking systems will be integrated with new software beginning July 1, 2011. To ensure an effective transition, maintaining current external systems and interfaces while integrating the new internal system reduces the inherent risks associated with a major system change. In addition, the software system purchased from Tyler Technology, the PSI consultant and supplier, includes online payment functionality and will be studied for implementation after the activation of the new financial system on July 1, 2011. Initial services are planned for implementation in 2011-12, with full implementation covering all payment systems (e.g., tax, water, parking tickets) coinciding with a new six-year credit card contract. For optimal integration, the City’s re-issue of the Merchant Card Processing Request for Proposals planned for 2011-12 will incorporate elements required by the new Tyler system. All terms of conditions of the current agreements will apply to the extension. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-55 (Int. No. 66) Authorizing Extension Of Agreements For Merchant Card Payments BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into the extension of agreements through June 30, 2012 with M&T Bank and HECORP, Inc., d/b/a Hamer Enterprises, for the processing of certain merchant card payments, upon the same terms and conditions as the current agreements. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. By Councilmember Palumbo March 22, 2011 To the Council: The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation: Int. No. 67 - Authorizing The Sale Of Real Estate And Amending Ordinance No. 2010-422 Int. No. 68 - Adoption Of The Amended City Of Rochester Local Waterfront Revitalization Program Int. No. 69 - Amending Chapter 50 Of The Municipal Code, Conveyance Code

Page 67 Int. No. 70 - Amending Chapter 52 Of The Municipal Code, Enforcement Procedures Int. No. 71 - Amending Chapter 90 Of The Municipal Code, Property Code, As Amended Respectfully submitted, Carla M. Palumbo Carolee A. Conklin Dana K. Miller Lovely A. Warren NEIGHBORHOOD & BUSINESS DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-56 Re: Sale of Real Estate and Amending Ordinance No. 2010-422 Transmitted herewith for your approval is legislation approving the sale of thirteen properties and amending Ordinance No. 2010-422. Sale of Real Estate. With the exception of purchasers of unbuildable vacant land, staff has audited City records to ensure that purchasers do not own other properties with code violations or delinquent taxes. The records of the Bureau of Inspection and Compliance Services were also audited to ensure that purchasers have not been in contempt of court or fined as a result of an appearance ticket during the past five years. The first property is being sold to its former owner. The purchase price includes all delinquent taxes, interest and penalties. The next two parcels are buildable lots being purchased by the adjacent owners. The purchaser of the Melville Street lot will combine it with his current property. The purchaser of the Ridgeway Avenue property intends to use the land as green space. The Ridgeway Avenue parcel is a vacant lot owned by the City but located within the Town of Greece, immediately adjacent to the municipal boundary between the two. This lot is being sold to the owner of the adjoining property in the city. The next nine properties are unbuildable vacant lots, each being purchased by their adjacent owners. The intention of each owner is to combine the vacant lot with their respective parcel. The last property is the negotiated sale of a vacant lot to the adjacent owner; he will combine it with his adjoining lot. Part of the adjoining structure encroaches on the property and this sale will cure the encroachment. The first year projected tax revenue for these thirteen properties, assuming full taxation, current assessed valuations and current tax rates, is estimated to be $2,845. The sale of the Ridgeway Avenue parcel will have no impact on City property taxes since it is located in a different munici-

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TUESDAY, MARCH 22, 2011

pality.

Address S.B.L.#

All City taxes and other charges, except water charges, against properties being sold by the City will be canceled on the first day of the month following adoption of the ordinance because either the City has agreed to convey the properties free of City tax liens and other charges, or these charges have been included in the purchase price. Ordinance No. 2010-422. This ordinance authorized the sale of 28 Wooden Street, 19 Austin Street, 381 Parsells Avenue, and 26 Mark Street, with the intent of selling them with the adjoining vacant lots and combined. However, only the sale of the structures was approved. This amendment will correct that omission and include the sale of the adjoining vacant lots. All purchase contracts have been amended and executed and monies are paid in full. This changes the total tax impact from $16,726 to $ 17,053. Respectfully submitted, R. Carlos Carballada Acting Mayor

Lot Size Purchaser

Sq. Ft.

26 Bartlett St 33x141 4,653 121.61-1-30 Bennie Johnson 1750.1 Clifford Av (EH) 20x105 2,178 107.29-1-31.1 Miriam Lopez 1750.2 Clifford Av (WH) 20x105 2,178 107.29-1-31.2 Josephine Debruyn 440 First St 40x91 3,640 106.35-2-50 Betty & Jackson Lloyd 896 Jay St 34x8 272 105.81-1-29.2 Johnnie Twillie 902 Jay St 17x120 2,040 105.81-1-30.2 Johnnie Twillie 118 Ontario St 25x74 1,924 106.66-2-77 Kihanemehret Ethiopian Orthodox Tewadheo Church, Inc* 537.5 Sawyer St 16x123 2,178 135.24-2-35.3 Christine Guenther-O’Brien 437-439 Scio St 33x114 3,762 106.65-1-33 New Life Church of Christ, Inc** *

Attachment No. AK-25 Ordinance No. 2011-56 (Int. No. 67) Authorizing The Sale Of Real Estate And Amending Ordinance No. 2010-422 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcel of real estate to the former owner: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

160 Jerold St 35x99 465 106.28-3-91 Terrell Brooks

Board Members: Abuna Basliyos, Melaku Ayele, Hailemariam Alemu, Tekeste Woldeyhohnes, Shawel Beyene, Adenew Wossen, Seyoum Assefa ** Board Members: Bishop Shellie Smith, Jr.; Evangelist Delores Smith Section 4. The Council hereby approves the negotiated sale of the following parcel of vacant land with improvement: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

57 Niagara St 37x81 3,049 $600 106.51-1-54.3 Ivan Dubilevskiy

Price $1,573

Section 2. The Council hereby approves the negotiated sale of the following parcels of buildable vacant land:

Section 5. Section 1 of Ordinance No. 2010422 is hereby amended to authorize the sale of the following parcels, which were approved therein, with the addition of the adjacent vacant lots: Lot Size

Address S.B.L.#

Price Address S.B.L.#

Lot Size Purchaser

Price

Sq. Ft.

Use Purchaser

Price

408-410 Melville St 40x100 4,000 $ 400 107.55-2-56 Joseph Kalaghan Ridgeway Av 32x199 4,599 $2,700 090.03-1-7 1225 Ridgeway Industrial Properties, LLC* * Board Member(s) - Frank DiMino, Sole Proprietor Section 3. The Council hereby approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00:

19 Austin St 40x120 1 Family 105.65-1-34 and 17 Austin St 40x120 Vacant Lot 105.65-1-35 $2,700 Travaris Meeks 26 Mark St 106.41-2-9 and 28 Mark St 106.41-2-10

38x128

1 Family

34x128

Vacant Lot

$400

Patrick Thomas

381 Parsells Av 39x158 107.62-1-27 and

2 Family

TUESDAY, MARCH 22, 2011 375 Parsells Av 40x158 Vacant Lot 107.62-1-26 $3,500 Mollye Huddleston 28 Wooden St 64x80 1 Family 120.51-4-80.1 and 18 Wooden St 32x80 Vacant Lot 120.51-4-82 $700 David Mankowski Section 6. City taxes and other City charges, except water charges, against said properties are hereby canceled up to the first day of the month following the date of adoption of this ordinance for the reason that the City has agreed to convey said properties free of City tax liens and other charges or because these charges have been included in the purchase price. Section 7. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-57 Re: Amendment - City of Rochester Local Waterfront Revitalization Program Transmitted herewith for your approval is legislation approving and adopting an amendment to the City of Rochester’s Local Waterfront Revitalization Program (LWRP) and authorizing its submission to the New York State Secretary of State for final approval. The amendment updates the LWRP’s goals and policies for future land use and development of the Port of Rochester site, and includes a conceptual development plan that proposes a marina basin, mixed-use land-side development, parking areas, open space, trail, and other public amenity improvements. The amendment was prepared based on a series of public meetings and workshops and other community input as well as recommendations from the City’s marina consultants and discussions with the New York State Department of State (NYSDOS). It provides guidance and direction for the development of the site in a manner consistent with New York State coastal policies and objectives. It also establishes a broad and flexible development and design framework to guide future land use, zoning, and funding decisions at the Port Site in a way that respects the waterfront environment, protects critical resources, and adequately responds to future market conditions. The amendment consists of modifications or updates to sections of the LWRP, including Task II (Inventory and Analysis), Task III (Policies), Task IV (Uses and Projects) and Task V (Implementing Techniques). The draft amendment was originally submitted to Rochester City Council in July 2009 and then

Page 69 transmitted to NYSDOS for review. Comments from NYSDOS were received and incorporated into the final amendment document. The City Planning Commission also reviewed the draft amendment in July 2009 and had no substantive comments. The final amendment document was submitted to and, following the required public hearing approved by City Council in May 2010, and then resubmitted to NYSDOS for state and federal agency review and concurrence. There were no substantive state and federal agency comments on the amendment. Pursuant to New York State Law, the final amendment must now be approved and adopted by City Council and submitted to the Secretary of State for final approval. An environmental review has been completed. A Negative Declaration was issued; the proposed action will not have a significant adverse impact on the environment. Copies of the LWRP and amendment are on file with the City Clerk. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-26 Ordinance No. 2011-57 (Int. No. 68) Adoption Of The Amended City Of Rochester Local Waterfront Revitalization Program WHEREAS, the City of Rochester initiated an amendment of its fully approved Local Waterfront Revitalization Program (LWRP) regarding a conceptual development plan for the Port of Rochester in cooperation with the New York State Department of State, pursuant to Article 42 of the Executive Law; and WHEREAS, the Rochester City Council approved the LWRP Amendment in May 2010 prior to consulting with potentially affected State, federal, and local agencies in accordance with the requirements of Executive Law, Article 42; and WHEREAS, the Draft LWRP Amendment was circulated for review and comment by the Department of State to potentially affected State, federal, and local agencies in accordance with the requirements of Executive Law, Article 42; and WHEREAS, the City of Rochester, as lead agency, determined that the proposed LWRP Amendment would not have a significant adverse environmental impact and filed a Negative Declaration Notice of Determination of No Significant Effect on the Environment in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act); and

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NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows:

Currently, violations for high grass, deteriorated roofs, and trees causing damage to private properties are addressed in various ways by the New York State Code. Adding provisions to the City’s code will allow for more efficient enforcement and use of inspectors.

Section 1. The amendment of the City of Rochester Local Waterfront Revitalization Program is hereby approved and adopted.

Respectfully submitted, R. Carlos Carballada Acting Mayor

WHEREAS, no modifications to the Draft Local Waterfront Revitalization Program were necessary as a result of the comments received.

Section 2. The Rochester City Council hereby directs the Mayor of the City to formally transmit the adopted LWRP Amendment to the New York State Secretary of State for approval, pursuant to New York State Executive Law Article 42, Waterfront Revitalization of Coastal Areas and Inland Waterways Act. Section 3. immediately.

Ordinance No. 2011-58 (Int. No. 69) Amending Chapter 50 Of The Municipal Code, Conveyance Code BE IT ORDAINED, by the Council of the City of Rochester as follows:

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-58, Ordinance No. 2011-59 and Ordinance No. 2011-60 Re: Amending the Municipal Code Transmitted herewith for your approval is legislation amending the Municipal Code as follows: 1. Amend Chapter 50 to correct references and to change the elevator certification program to an annual renewal. The amendments to Chapter 50, recommended by the Elevator Examining Board, are based on their review of the code and will ensure consistency with current licensing practices. The amendments will require elevator certificates to be renewed annually instead of semi-annually, providing efficiencies in administrative and inspection duties. Inspections will continue to be conducted at six-month intervals by National Elevator Inspection Services. 2. Amend chapter 52 to add relief in Rochester City Court. The City currently has the ability to seek equitable/injunctive relief to address properties with code violations in State Supreme Court. The New York State Legislature recently expanded City Court’s authority to include such relief. This amendment will allow us to seek relief from City Court in cases where a property owner interferes with our ability to take corrective action in abating a violation. This will be necessary in anticipation of the creation of housing court and as part of our Code Compliance Fund Program beginning next fiscal year. 3. Amend chapter 90 to add violations involving high grass, deteriorated roofs, and trees causing damage to private properties.

Section 1. Chapter 50 of the Municipal Code, Conveyance Code, as amended, is hereby further amended as follows: a. Section 50-3, Definitions, is amended by amending the following definitions to read in their entirety as follows: LICENSE - A document which is issued by the Board to an Inspector or Mechanic to engage in their respective trades as defined. SECURED INSTALLATION - An installation whose power feed lines have been disconnected from the mainline disconnect switch and: A. An electric elevator, dumbwaiter, or material lift whose suspension ropes have been removed, whose car and counterweight rest at the bottom of the hoistway, and whose hoistway doors have been permanently barricaded or sealed in the closed position on the hoistway side. B. A hydraulic elevator, dumbwaiter or material lift whose car rests at the bottom of the hoistway: whose pressure piping has been disassembled and a section removed from the premises; whose hoistway doors have been permanently barricaded or sealed in the closed position from the hoistway side; suspension ropes removed and counterweights, if provided, landed at the bottom of the hoistway. C. An escalator or moving walk whose entrances have been permanently barricaded. b. There is hereby added to Section 50-9, Issuance of licenses, the following new subsection C: C. It shall be unlawful for any person or firm to possess both an Installers Cer-

TUESDAY, MARCH 22, 2011 tificate of Registration or an Elevator Mechanics license and an Inspectors License at the same time, regardless of whether the person, firm or company qualifies for both licenses.

Page 71 temporary license. f.

c. Subsections D and E of Section 50-10, Expiration and renewal of licenses, are amended to read in their entirety as follows:

D. A license that is not renewed by March 1st in the even years shall be deemed abandoned. Reapplication will then be required.

D. A license that is not renewed by March 1st in the even years shall be deemed abandoned. Reapplication will then be required.

E. To reinstate an abandoned license the applicant must reapply and pay the lapsed license fee. Any license abandoned for a period of two (2) years or more will require reapplication and reexamination.

E. To reinstate an abandoned license, the applicant must reapply and pay the lapsed license fee. d. Subsections D and E of Section 50-13, Expiration and renewal of certificate of registration, are amended to read in their entirety as follows: D. A certificate of registration that is not renewed by March 1st in the even years shall be deemed abandoned. Reapplication will then be required.

g. Section 50-23, Fees, is amended by changing the fee in Subsection A thereof from $45 to $90. h. Subsections B, G and H of Section 50-24, Certificates of Inspection, are amended to read in their entirety as follows: B. Validity. A certificate of inspection shall remain valid for one year from the date of issuance. Such validity shall terminate at an earlier date if the conveyance fails to remain in compliance with the provisions of this chapter and all other applicable laws or upon revocation by the Commissioner as provided herein.

E. To reinstate an abandoned registration, the applicant must reapply and pay the lapsed registration fee. e.

Subsections B and D of Section 50-14, Licenses required, are amended and a new subsection E is added, to read in their entirety as follows: B. Every applicant for a mechanic's license, limited mechanic's license or temporary mechanic's license shall make application for a license on forms prescribed by the Board. The applicant shall state his/her name, address and such other information as may be reasonably required by the Board to demonstrate experience to qualify for the license. All applicants for the mechanic's license or limited mechanic's license shall take and pass the respective exam given by the City, before a license will be issued. D. A person who is issued a temporary mechanic's license must take the next available examination in order to determine his/her qualifications for a mechanic's license or limited mechanic's license. A temporary mechanic's license shall expire at the end of the month following the next scheduled exam by the City. A person issued a temporary mechanic's license is subject to the same regulations as a permanent license holder.

Subsections D and E of Section 50-14.2, Expiration and renewal of licenses, are amended to read in their entirety as follows:

G. Retention of certificate. The most current certificate of inspection issued by the Commissioner shall be retained by the owner and shall be made available for inspection during normal business hours upon demand by the Commissioner or his or her designee. H. Posting of certificate. A copy of the most current certificate of inspection indicating the expiration date shall be posted in the conveyance maintenance room. i.

Subsections B and C of Section 50-25, Periodic inspections and tests, are amended and a new subsection E is added, to read in their entirety as follows: B. Periodic safety tests. Basic requirements. All existing installations of conveyances in any type of building (except private residences) shall be subjected to periodic safety tests, in accordance with ASME A17.1 and ASME A18.1. Tests shall be witnessed by an inspector licensed by the City of Rochester. C. Other tests and repairs.

E. No person who has failed an exam given by the City shall be issued a

(1) The Commissioner may, as the

Page 72

TUESDAY, MARCH 22, 2011 result of the licensed inspector's report of unsafe conditions, require that:

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8.

(a) Additional inspections and/or repairs be made to any conveyance and inspection reports be submitted to the Commissioner within a time specified by the Commissioner.

Nays - Councilmember McFadden - 1. Councilmember Palumbo moved to sever Section C of Introductory No. 71

(b) Full-load overspeed tests be performed on any elevator equipped with car and/or counterweight safeties.

The motion was adopted by the following vote:

(c) Load tests be performed on any escalator and/or moving walk. (2) If the load tests required by the Commissioner pursuant to Subsection B herein are not performed within the time prescribed, the Commissioner may cause such tests to be performed, and the costs of such tests will be charged to the owner of the real property as prescribed by § 6-94 of the Charter and § 14-10 of the Code of the City of Rochester. E. Inspection Reports. All inspection reports resulting from inspections required by this section shall be submitted to the City within 30 days of the inspection being performed. Section 2. This ordinance shall take effect on May 1, 2011.

The motion was seconded by Councilmember Conklin.

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. Councilmember Palumbo moved to amend Introductory No. 71. The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. Ordinance No. 2011-60 (Int. No. 71, As Amended) Amending Chapter 90 Of The Municipal Code, Property Code

Passed by the following vote:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8.

Section 1. Chapter 90 of the Municipal Code, Property Code, as amended, is hereby further amended as follows:

Nays - Councilmember McFadden - 1. Ordinance No. 2011-59 (Int. No. 70) Amending Chapter 52 Of The Municipal Code, Enforcement Procedures BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 52 of the Municipal Code, Enforcement Procedures, as amended, is hereby further amended by adding the words “in Rochester City Court or” before the words “State Supreme Court” where they appear in subsection B(2) of Section 52-5, Procedure for enforcement. Section 2. immediately.

This ordinance shall take effect

Passed by the following vote:

a. Subsection A of Section 90-5, Applicability of provisions, is amended to read in its entirety as follows: A. The Property Maintenance Code of New York State shall be applicable in the City of Rochester to all existing land and structures and shall be enforced pursuant to Article IV of this Chapter. b. Subsection[s] B[, C and D] of Section 9014, Property Maintenance, [are] is amended to read in [their] its entirety as follows: B. The exterior portions of all premises shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided, however, that this term shall not include

TUESDAY, MARCH 22, 2011 cultivated flowers and gardens. [C. Roofs, flashings and roof coverings shall be structurally sound, tight and have no defects that might admit rain. Roof repairs shall be made using like materials, provided no hazard to life, health or property is created and shall be in compliance with the applicable Code of New York State. D. Trees and shrubs shall be maintained so as to prevent them from causing damage to the structure.] Section 2. This ordinance shall take effect on May 1, 2011. Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott Spaull - 8. Nays - Councilmember McFadden - 1. By Councilmember Miller March 22, 2011 To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation: Int. No. 72 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Genesee Crossroads Garage Structural Repairs Project Int. No. 73 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Audit Services For Federal Aid Projects And Amending Ordinance No. 2005-82 Int. No. 74 - Authorizing An Agreement For A Mount Hope Cemetery Grant And Amending The 2010-11 Budget Int. No. 75 - Authorizing Grant Agreements And Appropriating Funds For The Midtown Redevelopment Project Int. No. 85 - Establishing Maximum Compensation For A Professional Services Agreement For The Oakwood Road Reconstruction Project Int. No. 86 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $877,000 Bonds Of Said To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Oakwood Road Reconstruction Project Int. No. 87 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance

Page 73 Of $197,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Oakwood Road Reconstruction Project Int. No. 88 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $440,000 Bonds Of Said City To Finance The Cost Of The Parking Garage Repair And Reconstruction Program In The City Int. No. 92 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $600,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Culver Road Improvement Project Int. No. 93 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,012,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Culver Road Improvement Project Int. No. 94 - Establishing Maximum Compensation For A Professional Services Agreement For The Culver Road Improvement Project And Appropriating Funds Int. No. 95 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $455,000 Bonds Of Said City To Finance The Additional Cost Of Reconstruction Of The ErieLackawanna Rails-To-Trails Pedestrian Bridge Within The City The Jobs, Parks & Public Works Committee recommends for consideration the following entitled legislation: Int. No. 76 - Changing The Traffic Flow On Van Stallen Street From Joseph Avenue To Klein Street From Two-Way To One-Way Eastbound Int. No. 96 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $914,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The University Avenue And ARTWalk Extension Improvement Project Int. No. 97 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $286,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The University Avenue And ARTWalk Extension Improvement Project Int. No. 98 - Authorizing A Grant Agreement, Appropriating Funds And Amending The 2010-11 Budget For The University Avenue And ARTWalk Extension Improvement Project Int. No. 99 - Local Improvement Ordinance Public Improvements At 500 University Avenue As A Part Of The University Avenue And ARTWalk Extension Improvement Project

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Int. No. 100 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The University Avenue And ARTWalk Extension Improvement Project

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Genesee Crossroads Garage Structural Repairs Project

Int. No. 101 - Amending Ordinance No. 201022, Relating To Agreements For Public Art For The University Avenue And ARTWalk Extension Improvement Project

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Int. No. 102 - Amending Ordinance No. 2009433, Relating To Easements For The University Avenue And ARTWalk Extension Improvement Project Respectfully submitted, Dana K. Miller Matt Haag Loretta C. Scott Lovely A. Warren (Did not vote on Int. Nos. 72 through 75). JOBS, PARK & PUBLIC WORKS COMMITTEE

Section 1. The sum of $72,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Herrick-Saylor Engineers, P.C. for construction administration services for the Genesee Crossroads Garage Structural Repairs Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the project. Said amount shall be funded from Bond Ordinance No. 2009-284. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Received, filed and published. TO THE COUNCIL Ladies and Gentlemen:

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-61 Re: Amendatory Agreement - Herrick-Saylor Engineers, Crossroads Garage Structural Repair Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Herrick-Saylor Engineers, P.C., Pittsford, NY, for additional construction administration and resident project representation services for the Crossroads Garage Structural Repair Project. The original agreement authorized in August 2008 established maximum compensation of $205,824; an amendment in January 2010 increased compensation by $74,176. This amendment will increase the maximum compensation by $72,000 for a total of $352,000. The additional cost will be financed from debt authorized by Ordinance 2009-284 for the project. Resident Project Representation (RPR) services for full time representation is provided for under the agreement; previous amendments provided for an extension of the construction period to 270 days. The costs for this amendatory agreement will provide for the additional thirteen-week schedule extension for completion of the project, which required continued consultant construction administration and RPR services. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-61 (Int. No. 72)

Ordinance No. 2011-62 Re: Amendatory Agreement - Lumsden & McCormick LLP, Audit Services for Federal Aid Projects Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Lumsden & McCormick, LLP, Buffalo, NY, for additional audit services, and amending Ordinance No. 2005-82 to change the source of a portion of the funding for the agreement. The original agreement, authorized in April 2005 (Ord. No. 2005-82), provided maximum compensation of $30,000 for audit services; amendatory agreements for additional project audit services in October 2005 (Ord. No. 2005-325) and November 2007 (Ord. No. 2007-421) increased compensation by $40,000 and $25,000, respectively. This third, and final, amendment will increase compensation by $35,000 for a total of $130,000. The additional compensation will be funded from previously authorized appropriations as follows: anticipated Federal reimbursements appropriated in Ordinance Nos. 2007-315 ($16,000) and 2004321 ($6,200); anticipated New York State reimbursements appropriated in Ordinance Nos. 2007315 ($3,000) and 2004-321 ($1,550); and the 2007-08 Cash Capital allocation of the Department of Environmental Services ($8,250). The Federal Highway Administration and New York State Department of Transportation require that a Federal Aid project sponsor engage an independent certified public accountant to audit major professional services agreements involved with the project prior to closing out the project. The expenses incurred for the audits are eligible for State and Federal aid reimbursement.

TUESDAY, MARCH 22, 2011 Additional funding of $35,000 will enable Lumsden and McCormick to complete scheduled audits and to perform those required for the Smith Street Bridge Rehabilitation Project. Audit services to be performed during 2011 include the Lake Avenue Reconstruction and Genesee Riverway Trail, Lexington Avenue, West Ridge Road and Smith Street Bridge projects. A summary of City-administered Federal aid street improvement projects previously audited by Lumsden & McCormick is attached. Funding authorized by Ordinance No. 2005-82 for the original agreement will be amended to replace $6,268 in funding from anticipated Federal reimbursements appropriated therein with 2007-08 Cash Capital.

Attachment No. AK-27 Ordinance No. 2011-62 (Int. No. 73) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Audit Services For Federal Aid Projects And Amending Ordinance No. 2005-82 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $35,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Lumsden & McCormick, LLP, for audit services for federal aid street projects. Of said amount, $16,000 shall be funded from the anticipated federal reimbursements appropriated in Section 2 of Ordinance No. 2007-315, $6,200 shall be funded from the anticipated federal reimbursements appropriated in Section 2 of Ordinance No. 2004-321, $3,000 shall be funded from the anticipated state reimbursements appropriated in Section 3 of Ordinance No. 2007-315, $1,550 shall be funded from the anticipated state reimbursements appropriated in Section 3 of Ordinance No. 2004-321, and $8,250 shall be funded from the 2007-08 Cash Capital allocation. Section 2. Ordinance No. 2005-82, authorizing the agreement for audit services, is hereby amended by reducing the authorized funding therein from the anticipated federal reimbursements appropriated in Section 3 of Ordinance No. 2003-102 by the sum of $6,268, which amount shall be funded from the 2007-08 Cash Capital allocation. This ordinance shall take effect

Passed unanimously.

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-63 Re: Agreement - The Community Foundation, Grant for Mount Hope Cemetery Transmitted herewith for your approval is legislation authorizing an agreement with The Community Foundation for the receipt and use of a $15,000 Lloyd E. Klos Historical Fund grant, and amending the 2010-11 Cash Capital allocation of the Department of Environmental Services to reflect the grant. These funds will be used to support wayfinding improvements at Mount Hope Cemetery. The Klos Fund supports historical preservation, education, and information in the Rochester region.

Respectfully submitted, R. Carlos Carballada Acting Mayor

Section 3. immediately.

Page 75

The project includes the design and installation of wayfinding elements to assist visitors in locating the graves of Susan B. Anthony and Frederick Douglass. Pedestrian signs and paths will lead from the nearest drives to the respective gravesites. The grant will be used for fabrication and installation of signs, construction of stone dust paths and ancillary landscape improvements. The project will be designed and administered by the Department of Environmental Services, Bureau of Architecture and Engineering. The estimated project cost is $33,000; the balance of the project will be funded from the 2009-10 Cemetery Fund Cash Capital allocation. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-63 (Int. No. 74) Authorizing An Agreement For A Mount Hope Cemetery Grant And Amending The 2010-11 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with The Community Foundation for funding for wayfinding improvements at Mount Hope Cemetery. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $15,000, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein.

Page 76 Section 4. immediately.

TUESDAY, MARCH 22, 2011 This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-64 Re: Appropriations - Midtown Redevelopment Project Transmitted herewith for your approval is legislation appropriating a total of $3,409,000 in anticipated reimbursements from federal sources to support the Midtown Redevelopment Project, and authorizing any agreements necessary for the acceptance of these funds. Funds totaling $1,704,500 provided through the Federal Consolidated Appropriations Act of 2010 will be used to finance detailed design and a portion of the construction phase of street improvements for the project.

Section 3. There is hereby appropriated from anticipated reimbursements from the Federal Consolidated Appropriations Act of 2010 the sum of $1,704,500 to fund the Midtown Redevelopment Project. Section 4. There is hereby appropriated from anticipated reimbursements from the Economic Development Initiative Special Project Grant Program of the United States Department of Housing and Urban Development the sum of $340,900 to fund the Midtown Redevelopment Project. Section 5. There is hereby appropriated from anticipated reimbursements from the Transportation Community and System Preservation Grant Program of the United States Department of Transportation the sum of $1,363,600 to fund the Midtown Redevelopment Project. Section 6. immediately.

This ordinance shall take effect

Passed unanimously. A Housing and Urban Development Economic Development Initiative (EDI) Special Project grant in the amount of $340,900 will be used for environmental remediation, demolition, and other site preparation for revitalization related to the Midtown Redevelopment Project. No local match is required. The EDI grant was secured through the efforts of Senator Kirsten Gillibrand. A Transportation Community and System Preservation (TCSP) grant from the US Department of Transportation in the amount of $1,363,600 will be used for detailed design and other costs related to the Midtown Redevelopment Project. A local match of 20%, $340,900, is required and will be funded from the 2007-08 Cash Capital allocation of the Department of Neighborhood and Business Development. The TCSP grant was secured through the efforts of Senator Charles E. Schumer. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-64 (Int. No. 75) Authorizing Grant Agreements And Appropriating Funds For The Midtown Redevelopment Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into necessary agreements for the receipt of the funds appropriated herein for the Midtown Redevelopment Project. Section 2. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-65, Ordinance No. 2011-66 and Ordinance No. 2011-67 Re: Oakwood Road Reconstruction Project Transmitted herewith for your approval is legislation related to the Oakwood Road Reconstruction Project. This legislation will: 1. Authorize the issuance of bonds totaling $877,000 and appropriation of the proceeds thereof to finance the street improvements; 2. Authorize the issuance of bonds totaling $197,000 and appropriation of the proceeds thereof to finance water improvements; and 3. Establish $110,000 as maximum compensation for an agreement with Stantec Consulting Services Inc., Rochester, for resident project representation (RPR) services. The cost of the agreement will be funded from the proceeds of the bonds appropriated herein. The Oakwood Road Reconstruction Project was designed in-house and includes pavement width changes to provide two twelve-foot lanes (Ordinance No 2010-127) and on-street parking; reconstruction of the pavement; installation of new curbs, new water mains and services, driveway aprons, and catch basins; replacement of sidewalks as needed; street lighting upgrades as required; and topsoil and seed. Bids for construction were received on March 1, 2011. The apparent low bid of $877,967 was submitted by Gordon J. Phillips Inc., which is 5.5% less than the engineer’s estimate. The allocation for project contingencies is $86,033.

TUESDAY, MARCH 22, 2011 The costs for the categories of work for the project based upon the bid amount are as follows: Category Construction RPR Contingency Total Street bond $711,882 $77,118 Water bond 166,085 8,915 Total $877,967 $86,033

$ 88,000 $ 877,000 22,000 197,000 $110,000 $1,074,000

A request for qualifications for RPR services was posted to the City’s website, with five responding firms: Lu Engineers, Passero Associates, Ravi Engineering & Land Surveying, P.C., Stantec, and T.Y. Lin International. Stantec was selected to perform RPR services based on its familiarity, expertise and staffing assigned to the project. Resident project representation services will begin with project construction. It is anticipated that construction will begin in Spring 2011, with scheduled completion in Summer 2011. The minutes for public informational meetings held on February 4, 2010 and January 6, 2011 are attached. A public meeting will be held prior to construction. The project will result in the equivalent of 1.2 consultant jobs and 9.5 public works jobs. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-28 Ordinance No. 2011-65 (Int. No. 85) Establishing Maximum Compensation For A Professional Services Agreement For The Oakwood Road Reconstruction Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $110,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Stantec Consulting Services, Inc. for resident project representation services related to the Oakwood Road Reconstruction Project (Southampton Drive-North City Line). The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Of said amount, $77,118 shall be funded from a bond ordinance adopted for street purposes and $8,915 shall be funded from a bond ordinance adopted for water purposes. Section 2. immediately.

This ordinance shall take effect

Page 77 Passed unanimously. Ordinance No. 2011-66 (Int. No. 86) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $877,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Oakwood Road Reconstruction Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction and reconstruction of certain streets as a part of the Oakwood Road Reconstruction Project (Southampton Drive-North City Line) in the City (the "Project"). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $877,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $877,000 bonds of the City and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $877,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in an amount not to exceed the estimated maximum cost. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City with-

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out limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-67 (Int. No. 87) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of

$197,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Oakwood Road Reconstruction Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the Oakwood Road Reconstruction Project (Southampton Drive-North City Line) in the City (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $197,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $197,000 bonds of the City to finance said appropriation and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $197,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $197,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in antici-

TUESDAY, MARCH 22, 2011 pation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-68 Re: 2011 Annual Parking Garage Repair And Reconstruction Program Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $440,000 and the appropriation of the proceeds thereof to finance the 2011 Annual Parking Garage Repair & Reconstruction Program.

Page 79 T.Y. Lin International was retained in October 2009 (Ordinance No. 2009-378) for multi-year planning and design services, with resident project representation services incorporated in March 2010 (Ordinance No. 2010-116), for a comprehensive repair program. Under the terms of the agreements, T.Y. Lin is performing comprehensive garage inspections, condition ratings, prioritization, structural design, resident project representation, and developing both the annual and fiveyear long term capital program for eight Cityowned garages. The 2011 Program includes post-tensioned tendon repairs, deck waterproofing, repair to structural components, expansion joint repair, façade repairs, stair nosings, mechanical system repairs, traffic and striping signage, drainage and fire protection repair, electrical repairs, lighting upgrades, hardware replacement, masonry repair, roofing repair and architectural upgrades. Work is proposed in the following garages: Genesee Crossroads, Mortimer Street, High Falls, South Avenue, Washington Square, Sister Cities, and Court Street (Bausch & Lomb). The estimated construction cost for the project is $967,000, inclusive of contingencies. The proposed parking debt ($440,000) is included in the 2009-10 Capital Improvement Program. The balance of the project is funded from the 2009-10 ($388,900) and 2010-11 ($138,100) Parking Cash Capital allocations. Construction is scheduled to begin in April 2011 with completion in November 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-68 (Int. No. 88) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $440,000 Bonds Of Said City To Finance The Cost Of The Parking Garage Repair And Reconstruction Program In The City BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction of improvements to the Genesee Crossroads, Mortimer Street, High Falls, South Avenue, Washington Square, Sister Cities and Court Street Parking Garages in the City as a part of the Parking Garage Repair and Reconstruction Program, including but not limited to post-tensioned tendon repairs, deck waterproofing, repair to structural components, expansion joint repair, façade repairs, stair nosings, mechanical system repairs, traffic & striping signage, drainage and fire protection repair, electrical repairs, lighting upgrades, hardware replacement, masonry repair, roofing repair and architectural upgrades (the “Project”).

Page 80 The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $967,000. The plan of financing includes the issuance of $440,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $527,000 in current City funds, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $440,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $440,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00a.12 of the Law, is twenty (20) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to au-

TUESDAY, MARCH 22, 2011 thorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-69, Ordinance No. 2011-70 and Ordinance No. 2011-71 Re: Culver Road Improvement Project Transmitted herewith for your approval is legislation related to the Culver Road (Atlantic Avenue to Garson Avenue and Laurelton Road to Clifford Avenue) Public Improvement Project. This legislation will: 1. Authorize the issuance of bonds in the amount of $600,000 and appropriation of the proceeds thereof to finance a portion of the costs of the street improvements; 2. Authorize the issuance of bonds in the amount of $1,012,000 and appropriation of the proceeds thereof to finance the cost of the water improvements;

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3. Appropriate $3,761,000 in anticipated reimbursements from Monroe County to finance a portion of the costs of the street improvements; and

LaBella Associates is being recommended for resident project representation for the project based on their qualifications and familiarity with the project.

4. Establish $495,000 as maximum compensation for an agreement with LaBella Associates for resident project representation services. The cost of the agreement will be funded from sources appropriated herein and summarized below.

Construction is expected to begin Spring 2011, with completion in Summer 2012.

This project is part of the County-assisted Arterial Improvement Program, in accordance with the agreement authorized by City Council in July 1981. Under the terms of the agreement, an engineering plan was prepared and approved by Council in April 2009. Council authorized LaBella Associates to perform the engineering planning and preliminary design for the project in October 2007, and final design in April 2009. The project includes reconstruction of the pavement; replacement of curbs, sidewalks, driveway aprons and streets lights; new water mains; new hydrants and replacement of water services; new pavement markings, signal equipment upgrades; topsoil and seeding.

An equivalent of 5.4 full-time consulting/professional services jobs and 41.2 public works jobs are created or retained as a result of this project.

Bids for construction were received on March 8, 2011. The work will be performed by Villager Construction Inc., at a cost of $3,870,783 which is 16% less than the engineer’s estimate. An additional $1,007,217 (26%) will be allocated for contingencies which include street lighting costs and other items not included in the contract. This contract includes Apprenticeship Training Program requirements and Public Works Incentive Program provisions as authorized by Council in October 2003. The costs for the categories of work for the project based upon the bid amount are as follows: Category Construction RPR Contingency Total County Highway $2,741,760 $ 668,630 Water 796,610 113,520 City Street 332,413 225,067 Total $3,870,783 $1,007,217

$350,610 $3,761,000 101,870 1,012,000 42,520 600,000 $495,000 $5,373,000

The cost of the street improvements will be financed from proceeds of the proposed street bond as programmed in the 2010-11 Capital Improvement Program and from anticipated reimbursements from Monroe County. The cost of the water improvements will be financed from proceeds of the proposed water bond from 2009-10 Capital Improvement Program.

Public informational meetings were conducted on August 6, 2008 and February 2, 2010. The minutes of these meetings are attached.

Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-29 Councilmember Miller moved to amend Int. No. 92. The motion was seconded by Councilmember Haag. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. Ordinance No. 2011-69 (Int. No. 92, As Amended) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $[600,000] 700,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Culver Road Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction and reconstruction of certain streets as a part of the Culver Road Improvement Project (Atlantic Avenue-Garson Avenue and Laurelton Road-Clifford Avenue) in the City (the "Project"). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $[4,361,000] 4,461,000. The plan of financing includes the issuance of $[600,000] 700,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $3,761,000 appropriated from funds from the County of Monroe, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and paya-

Page 82 ble. Section 2. Bonds of the City in the principal amount of $[600,000] 700,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in an amount not to exceed the estimated maximum cost. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City.

TUESDAY, MARCH 22, 2011 Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Bracketed material deleted; underlined material added. Passed unanimously. Ordinance No. 2011-70 (Int. No. 93) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,012,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Culver Road Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the Culver Road Improvement Project (Atlantic Avenue-Garson Avenue and Laurelton Road-Clifford Avenue) in the City (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,012,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,012,000 bonds of the City to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal

TUESDAY, MARCH 22, 2011 amount of $1,012,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $1,012,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

Page 83 (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Councilmember Miller moved to amend Int. No. 94. The motion was seconded by Councilmember Haag. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. Ordinance No. 2011-71 (Int. No. 94, As Amended) Establishing Maximum Compensation For A Professional Services Agreement For The Culver Road Improvement Project And Appropriating Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $495,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and LaBella Associates, P.C. for resident project representation services related to the Culver Road Improvement Project (Atlantic Avenue-Garson Avenue and Laurelton Road-Clifford Avenue). The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Of said amount, $[350,610] 339,720 shall be funded from the appropriation made in Section 2, $[42,520] 53,410 shall be funded from a bond ordinance adopted for street purposes and $101,870 shall be funded from a bond ordinance adopted for water purposes.

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Section 2. There is hereby appropriated from anticipated reimbursements from the County of Monroe the sum of $3,761,000 to fund street improvements as a part of the Culver Road Improvement Project. Section 3. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added.

Ordinance No. 2011-72 (Int. No. 95) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $455,000 Bonds Of Said City To Finance The Additional Cost Of Reconstruction Of The Erie-Lackawanna Rails-To-Trails Pedestrian Bridge Within The City BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-72 Re: Erie-Lackawanna Rails-to-Trails Pedestrian Bridge Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $455,000 and the appropriation of the proceeds thereof for the Erie-Lackawanna Railroad Bridge Rails-to-Trails Pedestrian Bridge Project. The historic Rochester Erie-Lackawanna Railroad Bridge spans the Genesee River connecting the Genesee Riverway Trail and the Plymouth/Exchange neighborhood on the west bank to the Genesee Riverway Trail, Bausch & Lomb Park, and the University of Rochester River Campus on the east bank. Ordinance No. 2010-225 authorized funding in the amount of $600,000 from a New York State Environmental Protection Fund grant; a match of $600,000 in bonds was also appropriated (Ordinance No 2010-226). The funding is allocated to project design and construction. T.Y. Lin International was authorized in June 2010 to provide engineering, inspection, design, and Resident Project Representation (RPR) services. That agreement included final design documents, specifications, and estimates for the bridge conversion and multi-use trail alignments at each bridge approach. The estimated cost of the project is $1,800,000, which will be funded from appropriations adopted in Ordinance Nos. 2010-225 ($600,000) and 2010-226 ($600,000), the proposed bond issuance ($455,000) and 2009-10 Cash Capital allocations of the Department of Environmental Services ($145,000). It is anticipated construction will begin in late April, with substantial completion by December 2011. An equivalent of 19.5 full-time jobs will be created or retained as a result of this project. Respectfully submitted, R. Carlos Carballada Acting Mayor

Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the additional cost of reconstruction of the Erie-Lackawanna Rails-toTrails Pedestrian Bridge over the Genesee River, connecting the Genesee Riverway Trail and the Plymouth/Exchange neighborhood on the west bank to the Genesee Riverway Trail and the Bausch & Lomb Park and the University of Rochester River Campus on the east bank, within the City (“Project”). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $1,800,000. The plan of financing includes the issuance of $455,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $600,000 bonds previously appropriated in Ordinance No. 2010-226, $600,000 in New York State Environmental Protection Fund Local Waterfront Revitalization Program funds appropriated in Ordinance No. 2010-225 and $145,000 in current City funds, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $455,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $455,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.10 of the Law, is twenty (20) years.

TUESDAY, MARCH 22, 2011 Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution.

Page 85 for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-73 Re: Authorizing a Traffic Flow Change Van Stallen Street Transmitted herewith for your approval is legislation which will authorize a change in the direction of traffic flow on Van Stallen Street between Joseph Avenue and Klein Street from two-way traffic to one-way eastbound traffic. The Van Stallen Street eastbound one-way is requested as a traffic safety and crime prevention measure by neighborhood residents. The change to eastbound one-way was endorsed by the City’s Traffic Control Board at its January 18, 2011 meeting, and is supported by the Rochester Police Department. A public hearing is required. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-30 Ordinance No. 2011-73 (Int. No. 76) Changing The Traffic Flow On Van Stallen Street From Joseph Avenue To Klein Street From Two-Way To One-Way Eastbound BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a change in the traffic flow of Van Stallen Street from Joseph Avenue to Klein Street from twoway to one-way eastbound. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Councilmember Miller moved to return Int. Nos. 96 through 102 to Committee. The motion was seconded by Councilmember Haag. The motion was adopted by the following vote.

Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen:

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Introductory No. 96, Introductory No. 97, Introductory No. 98, Introductory No. 99, Introductory No. 100, Introductory No. 101 and Introductory No. 102 Re: University Avenue and ARTWalk Extension Improvement Project

Sculpture Park. The amphitheater will be constructed of large blocks of limestone, the same stone used to construct Cutler Union on MAG grounds, and is being used by MAG’s privatelycommissioned artist, Tom Otterness, to create the large stone sculptures in Centennial Sculpture Park. The repayment of the Local Improvement will be billed in a single payment assessed to the MAG property on the 2013-14 City tax bill.

Transmitted herewith for your approval is legislation related to the University Avenue and ARTWalk Extension Improvement Project. The Project will extend the ARTWalk Urban Trail from its current terminus at the University Avenue and Goodman Street intersection and create Centennial Sculpture Park, a new pedestrian plaza at the northwest corner of University Avenue and North Goodman Street, adjacent to the Memorial Art Gallery of the University of Rochester (MAG).

4. Bergmann Associates

This project is a partnership with MAG, the Stern Family, the Rochester Museum and Science Center (RMSC), the Anderson Alley Arts Building owner and the Neighborhood of the Arts. It is funded partially through prior appropriations of Federal American and Recovery and Reinvestment Act, Federal Highway Administration, and New York State Marchiselli Aid (Ord. No. 2009176) and prior Local Improvement Ordinances with the Stern Family L.P. (LIO #1616) and RMSC (LIO #1611). Several legislative actions are requested; each is summarized below. 1. Authorize the issuance of bonds and the appropriation thereof A total of $914,000 in bonds will be used to finance a portion of the cost of the project street improvements, and a total of $286,000 in bonds will be used to finance a portion of the project water improvements. 2. National Endowment for the Arts This legislation will authorize an agreement with the NEA for the receipt and use of a Mayors' Institute on City Design grant in the amount of $250,000. This award of this competitive grant was announced in July 2010; Rochester is one of only four cities nationwide to receive the maximum amount of $250,000. The funds will supplement the costs of project construction. 3. Local Improvement Ordinance This legislation will authorize the appropriation of $345,000 from the Local Improvement Fund and subsequent assessments of this amount against the benefited property, 500 University Avenue, to replenish the fund to finance the cost of a local enhancement improvement. This LIO will provide for enhanced features on the public easements at the MAG site, including the construction of an amphitheater in Centennial

This legislation will authorize an amendatory agreement with Bergmann Associates, P.C. to increase maximum compensation for resident project representation services (RPR) by $1,100,000. The original agreement with Bergmann (Ord. No. 2007-313) provided for the preliminary planning and design phases of the project. The agreement was amended in March 2008 (Ord. No. 2008-97) to coordinate the MAG’s efforts; in May 2009 (Ord. No. 2009-156) for expanded services made possible through the ARRA award the City received; and in August 2010 (Ord. No. 2010-308) to manage the local artist selection process. The present maximum authorized compensation for Bergmann professional services is $1,200,000; this amendment will increase that amount to $2,300,000. The additional cost will be funded from prior FHWA ($239,196) appropriations, ARRA appropriations ($582,365), NYS Marchiselli Aid ($44,849), proposed street debt ($104,777), proposed water debt ($33,372), 200809 Cash Capital (County Traffic - $64,576), and a portion of the proposed LIO ($30,865). Bergmann Associates was selected to provide RPR services to the project based on firm qualifications, experience, and availability of staff and will provide continued RPR and construction phase design services. 5. Amend Ordinance No. 2010-22 This legislation will amend Ordinance No. 201022, which authorized agreements with Cliff Garten Studios and with Adam Frank for the creation and installation of sculptures. The ordinance established $150,000 as compensation for each artist to be funded from anticipated reimbursements from the ARRA grant. However, the New York State Department of Transportation, the administering agency for the ARRA funds, informed the City that the artwork is not eligible for reimbursement under the grant program. Therefore, the ARRA amount for Cliff Garten Studios will be replaced by $108,000 from anticipated reimbursements from the Federal Highway Administration, $20,250 from anticipated reimbursements from the State of New York Marchiselli Aid Program, and $21,750 from the proposed street improvements bond. The agreement with Adam Frank ($150,000), also fully funded from the same ARRA appropriation, was for the installation of art at the Visual Studies Workshop (VSW). However, the State Historic

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Preservation Office determined that the art placement at VSW would have an adverse effect upon historic resources. This determination was made because the VSW buildings are part of the National Register East Avenue Historic District. The City and the design team made several alternate proposals to SHPO, all of which were not viable. The City has therefore negotiated termination of the contract with Mr. Frank and shall amend Ordinance 2010-22 to revise the agreement and to reduce the amount of the agreement to the negotiated $24,871 for work performed to date and replace the ARRA funding with $24,871 from 2007-08 Cash Capital. 6. Amend Ordinance No. 2009-433 This legislation will amend Ordinance No. 2009433, which provided funding for the acquisition of easements on Rochester Housing Authority properties. The amendment will change the source of funding for the acquisition cost of $10,975. The acquisitions were originally financed from the ARRA grant, but will instead be financed from the proceeds of the New York State Economic Development CAP grant appropriated by Ordinance No. 2010-22.

Cash Capital 244,000 244,000 Monroe County Traffic 289,401 64,576 36,872 390,849 Local improvement ord. 220,466 30,865 93,669 345,000 Total $5,416,883 $1,100,000 $505,891 $7,022,774 The Federal share of the construction cost of the project will be financed from prior FHWA funding ($1,028,804) and ARRA funding ($2,504,810). The local portion of the traffic-related improvements ($390,849) shall be funded from the 200809 Cash Capital allocation ($101,448) and 200910 Cash Capital allocation ($289,401) of the Department of Environmental Services. The project contingency ($505,891) will be funded from the proposed street and water bonds, cash capital allocations for traffic-related work identified above, the proposed Local Improvement Ordinance and 2010-11 Cash Capital ($244,000).

7. 2010-11 Budget Amendment Finally, this legislation will amend the 2010-11 Budget to transfer $244,000 from Contingency to Cash Capital to fund a portion of the project. Bids for construction were originally received on January 26, 2011. Five bids were received; all exceeded available project funding. Modifications were made to the project and it was re-bid. Four bids were received on March 10, 2011; one was rejected as being an unbalanced bid. Based upon NYSDOT bidding requirements, the apparent low bid was submitted by Sealand Contractors Corporation. in an amount of $5,416,882.89, which is 2% more than the engineer’s estimate. An additional $505,891 will be allocated for project contingencies. The funding sources for the project based upon the bid amount are as follows: Category Construction RPR Contingency Total Federal $3,533,614 $ State 192,901

-

$ 821,561 $4,355,175

-

44,849 237,750

-

250,000

NEA grant 250,000 Local - City bond 692,133 117,090 Local - City water bond 238,368 14,260

104,777 914,000 33,372 286,000

The total value of private and public investment for the project exceeds $10 million dollars. It is anticipated that construction will begin in summer 2011 and will be substantially completed by August 2012. A public hearing is required for the Local Improvement Ordinance. Respectfully submitted, R. Carlos Carballada Acting Mayor Introductory No. 96 BOND ORDINANCE OF THE CITY OF ROCHESTER, NEW YORK, AUTHORIZING THE ISSUANCE OF $914,000 BONDS OF SAID CITY TO FINANCE THE COST OF CONSTRUCTION AND RECONSTRUCTION OF CERTAIN STREETS AS A PART OF THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction and reconstruction of certain streets and related public improvements as a part of the University Avenue and ARTWalk Extension Improvement Project in the City (the "Project"). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $6,000,925. The plan of financing includes the issuance of $914,000 bonds of the City, and said

Page 88 amount is hereby appropriated therefor, together with the application of $3,087,175 appropriated from anticipated reimbursements from the Federal Government under the American Recovery and Reinvestment Act, $1,268,000 appropriated from anticipated reimbursements from the Federal Highway Administration, $237,750 appropriated from anticipated reimbursements from the State of New York, $250,000 appropriated from a National Endowment for the Arts Grant, and $244,000 in current City funds, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $914,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in an amount not to exceed the estimated maximum cost. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00,

TUESDAY, MARCH 22, 2011 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Item held. Introductory No. 97 BOND ORDINANCE OF THE CITY OF ROCHESTER, NEW YORK, AUTHORIZING THE ISSUANCE OF $286,000 BONDS OF SAID CITY TO FINANCE THE RECONSTRUCTION OF VARIOUS WATER MAINS IN THE CITY RELATED TO THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the University Avenue and ARTWalk Extension Improvement Project in the City (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs

TUESDAY, MARCH 22, 2011 and costs incidental thereto and the financing thereof, is $286,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $286,000 bonds of the City to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $286,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $286,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the

Page 89 sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Item held. Introductory No. 98 AUTHORIZING A GRANT AGREEMENT, APPROPRIATING FUNDS AND AMENDING THE 2010-11 BUDGET FOR THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the National Endowment for the Arts for funding for the University Avenue and ARTWalk Extension Improvement Project. Section 2. The sum of $250,000 is hereby appropriated from funds to be received under the grant agreement authorized herein to fund construction of the University Avenue and ARTWalk Extension Improvement Project. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2010-188, the 2010-

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11 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $244,000 from the Contingency allocation to the Cash Capital allocation to fund the University Avenue and ARTWalk Extension Improvement Project. Section 5. immediately.

This ordinance shall take effect

Item held. Introductory No. 100 ESTABLISHING MAXIMUM COMPENSATION FOR AN AMENDATORY PROFESSIONAL SERVICES AGREEMENT FOR THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT

Item held. Introductory No. 99 LOCAL IMPROVEMENT ORDINANCE PUBLIC IMPROVEMENTS AT 500 UNIVERSITY AVENUE AS A PART OF THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. As part of the University Avenue and ARTWalk Extension Improvement Project, the Council hereby authorizes special treatment of the parcel at 500 University Avenue in the form of the construction of an amphitheater on said parcel, and the construction or reconstruction of the necessary incidentals thereto, in accordance with plans and specifications prepared or approved by the City Engineer. Section 2. The improvements and work described in Section 1 shall be constructed in accordance with the provisions of Chapter 10 of the Municipal Code and shall be done by contract. Section 3. The limits of the District of Assessment for the improvements and work shall be the following property, in amounts not to exceed the following: Address: SBL No.: Owner: Amount:

500 University Ave 106.83-1-46.3 University of Rochester $345,000

Section 4. The cost of improvements and work described in Section 1, including the cost of any necessary professional design and engineering work, not to exceed $345,000, shall be assessed on the property described above. The Council hereby deems such property to be benefited by such improvements and proper to be assessed therefor. Section 5. The assessments shall be billed in full on the 2013-14 tax bill. Section 6. The total cost of said improvements and work, up to $345,000, shall be charged as described in this ordinance and paid from the local improvement fund, and said amount, or so much thereof as may be necessary, is hereby appropriated for this purpose. Section 7. immediately.

This ordinance shall take effect

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $1,100,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Bergmann Associates, P.C. for resident project representation services for the University Avenue and ARTWalk Extension Improvement Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Of said amount, $582,365 shall be funded from anticipated reimbursements from the Federal Government under the American Recovery and Reinvestment Act appropriated in Section 2 of Ordinance No. 2009156, $239,196 shall be funded from anticipated reimbursements from the Federal Highway Administration appropriated in Section 3 of Ordinance No. 2009-156, $44,849 shall be funded from anticipated reimbursements from the State of New York appropriated in Section 4 of Ordinance No. 2009-156, $104,777 shall be funded from a bond ordinance adopted for street purposes, $33,372 shall be funded from a bond ordinance adopted for water purposes, $64,576 shall be funded from the 2009-10 Cash Capital allocation, and $30,865 shall be funded from a Local Improvement Ordinance adopted for public improvements at 500 University Avenue. Section 2. immediately.

This ordinance shall take effect

Item held. Introductory No. 101 AMENDING ORDINANCE NO. 2010-22, RELATING TO AGREEMENTS FOR PUBLIC ART FOR THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 1 of Ordinance No. 201022, relating to a professional services agreement between the City and Cliff Garten Studio for public art for the University Avenue and ARTWalk Extension Improvement Project, is hereby amended by changing the source of the $150,000 in funding from the American Recovery and Reinvestment Act of 2009 funds appropriated in Section 2 of Ordinance No. 2009-156 to $108,000 appropriated from anticipated reim-

TUESDAY, MARCH 22, 2011

Page 91

bursements from the Federal Highway Administration in Section 3 of Ordinance No. 2009-156, $20,250 appropriated from anticipated reimbursements from the State of New York in Section 4 of Ordinance No. 2009-156, and $21,750 from a bond adopted for street improvements for the Project.

Int. No. 82 - Establishing Maximum Compensation For A Professional Services Agreement For The Summer Of Opportunity Program

Section 2. Section 2 of Ordinance No. 201022, relating to a professional services agreement between the City and Adam Frank Incorporated for public art for the University Avenue and ARTWalk Extension Improvement Project, is hereby amended by reducing the amount authorized for the agreement to $24,871, and by changing the source of the funding from the American Recovery and Reinvestment Act of 2009 funds appropriated in Section 2 of Ordinance No. 2009156 to the 2007-08 Cash Capital allocation.

Int. No. 90 - Amending Resolution No. 2011-5, Approving Appointments To The Nuisance Points Advisory Board

Section 3. immediately.

Int. No. 89 - Establishing Maximum Compensation For A Professional Services Agreement For Public Market Concerts

Int. No. 91 - Amending Ordinance No. 2010444, Relating To The Comprehensive Adolescent Pregnancy Prevention Program And Amending The 2010-11 Budget The Public Safety, Youth & Recreation Committee recommends for consideration the following entitled legislation:

This ordinance shall take effect Int. No. 83 - Local Improvement Ordinance Snow Removal At The Public Market

Item held. Introductory No. 102 AMENDING ORDINANCE NO. 2009-433, RELATING TO EASEMENTS FOR THE UNIVERSITY AVENUE AND ARTWALK EXTENSION IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 3 of Ordinance No. 2009433, relating to the acquisition of easements for the University Avenue and ARTWalk Extension Improvement Project, is hereby amended by changing the source of $10,975 in funding for the acquisition of easements from the Rochester Housing Authority, from the American Recovery and Reinvestment Act of 2009 funds appropriated in Section 2 of Ordinance No. 2009-156, to the Economic Development Capital Assistance Program Funds appropriated in Section 6 of Ordinance No. 2010-22. Section 2. immediately.

This ordinance shall take effect

Int. No. 84 - Local Improvement Ordinance Security At The Public Market The following entitled legislation is being held in Committee: Int. No. 77 - Establishing Maximum Compensation For A Professional Services Agreement For Psychological Evaluation Services For The Rochester Police Department Int. No. 78 - Amending The 2010-11 Budget By Appropriating Forfeiture Funds For The Rochester Police Department Int. No. 79 - Amending The 2010-11 Budget By Appropriating Forfeiture Funds For The Operations Of GRANET Respectfully submitted, Adam C. McFadden Matt Haag Jacklyn Ortiz Lovely A. Warren PUBLIC SAFETY, YOUTH & RECREATION COMMITTEE Received, filed and published.

Item held. By Councilmember McFadden March 22, 2011 To the Council: The Public Safety, Youth & Recreation Committee recommends for adoption the following entitled legislation: Int. No. 80 - Authorizing An Agreement For Funding For The STOP DWI Program Int. No. 81 - Approving Applications, Agreements And The 2011 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-74 Re: Agreement - Monroe County/Stop DWI 2011 Transmitted herewith for your approval is legislation authorizing an agreement with Monroe County for the receipt and use of $132,853 in New York State funds for the 2011 Stop DWI Program. The award to the City will be used for enhanced detection and enforcement of driving while intoxicated and related offenses January 1 through December 31, 2011. No matching funds are required. The agreement was authorized by the

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Monroe County Legislature in February 2011. The renewal of funding was anticipated and $44,300 was included in the 2010-11 Budget of the Police Department. The balance of funding from this award, about $88,600, will be included in the proposed 2011-12 Budget of the Police Department. These funds are used primarily to reimburse expenses for overtime traffic enforcement patrols; a portion will also be designated specifically for enforcement against underage alcohol sales. The agreement for the last round of funding of $118,743 for calendar year 2010 was authorized in March 2010. During calendar 2010, the City STOP-DWI unit established 24 sobriety checkpoints and the Rochester Police Department arrested 772 individuals for DWI, 38 for DWAI, and 12 for DWAI-Drugs. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-74 (Int. No. 80) Authorizing An Agreement For Funding For The STOP DWI Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for funding under the 2011 STOP DWI Program. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

amount, $34,414, and all of the program budget amount will be reimbursed to the City directly from the New York State Office of Children and Family Services; 3. Establish maximum compensation for agreements to implement the programs as summarized below; the costs will be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Program 2010 Amount

2011 Amount

Change

SPCC - Family Trauma Intervention $ 17,883 $ 17,883 $ 0 Baden - Project B.A.S.E. 11,605 11,940 335 Baden - Project Odyssey 4,886 5,027 141 Direct allocation to DRYS 65,959 68,381 2,422 Total $100,333 $103,231 $2,898 4. Authorize subsequent amendments to these agreements that may be required by the New York State Office of Children and Family Services. The Youth Bureau, jointly established by the City and County, provides a county-wide planning and service delivery system devoted to the welfare and development of children and youth. It is supervised by a Citizen/Youth Board, administered by the County, and supported financially by the City, the County, and the NYS Office of Children and Family Services. The annual budget of the Youth Bureau is subject to the approval of both the City and the County. Notification of the amounts for the calendar 2011 program was received in January from the County, and reflects a 2.89% increase to programs. The agreements referenced above will be effective January 1, 2011 through December 31, 2011.

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-75 Re: Rochester-Monroe County Youth Bureau 2011 Budgets Transmitted herewith for your approval is legislation related to the City’s participation in the Rochester-Monroe County Youth Bureau. This legislation will: 1. Authorize agreements with the County of Monroe for the administration and partial financing of the Rochester-Monroe County Youth Bureau; 2. Approve the City’s shares of $68,828 and $103,231 to the annual administrative and program budgets of the Youth Bureau, respectively. Half of the administrative

Program descriptions for the City programs are attached. In 2010, these programs served 1399 youth (70% Black, 11% White, 13% Hispanic, 6% all other; 45% Male, 55% Female). The most recent Council action on this item was in March 2010 in Ord. No. 2010-96. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-31 Ordinance No. 2011-75 (Int. No. 81) Approving Applications, Agreements And The 2011 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau BE IT ORDAINED, by the Council of the City

TUESDAY, MARCH 22, 2011 of Rochester as follows: Section 1. The Council hereby approves the 2011 Administrative and Program Budgets of the Rochester-Monroe County Youth Bureau and the City's participation in the 2011 Comprehensive Youth Services Plan. The Mayor is authorized to execute such agreements and make such applications as may be necessary to effectuate the 2011 Comprehensive Youth Services Plan. The City's required contribution to the 2011 Youth Bureau Budget shall be financed equally from the 201011 and 2011-12 Budgets of the Department of Recreation and Youth Services. Section 2. The Mayor is further authorized to enter into an agreement with the Society for the Protection and Care of Children for the operation of the Family Trauma Intervention Program. Said agreement shall obligate the City to prefinance an amount not to exceed $17,883, and said amount, or so much thereof as may be necessary, shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Section 3. The Mayor is further authorized to enter into an agreement with the Baden Street Settlement, Inc. for the operation of Project B.A.S.E. Said agreement shall obligate the City to pay an amount not to exceed $11,940, and said amount, or so much thereof as may be necessary, shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Section 4. The Mayor is further authorized to enter into an agreement with the Baden Street Settlement, Inc. for the operation of Project Odyssey. Said agreement shall obligate the City to pay an amount not to exceed $5,027, and said amount, or so much thereof as may be necessary, shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Section 5. The applications and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 6. immediately.

This ordinance shall take effect

Page 93 tion for an agreement with Children’s Institute Inc. to provide database services for the 2011 Summer of Opportunity program. The cost of this agreement will be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. This agreement will cover the period of March 1, 2011 to February 28, 2012. Children’s Institute will continue to modify and maintain an existing database application (COMET) which will allow youth to apply for the Summer of Opportunity on-line. In 2010, 2741 youth applied online; it is expected that over 2,500 youth will apply online in 2011. Children’s Institute was selected to provide this service since the COMET software was developed by them and links to the City School District’s system. Using the software will allow relevant non-sensitive information to be shared as necessary with the City upon parental permission being granted. RochesterWorks, Inc., the City’s partner in providing summer youth employment, is supporting this effort with an equal amount of funding. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-76 (Int. No. 82) Establishing Maximum Compensation For A Professional Services Agreement For The Summer Of Opportunity Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $11,500, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and the Children’s Institute, Inc. for database services for the Summer of Opportunity Program from March 1, 2011 to February 28, 2012. Said amount shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services.

Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Spaull - 8. Nays - None - 0.

Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

Councilmember Scott abstained. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-76 Re: Agreement - Children’s Institute, Database Services for Summer of Opportunity Transmitted herewith for your approval is legislation establishing $11,500 as maximum compensa-

Ordinance No. 2011-77 Re: Agreement - Eskay Concerts, d/b/a “Up All Night”, Bands On the Bricks/Night Market Transmitted herewith for your approval is legislation establishing $20,000 as maximum compensation for an agreement with Eskay Concerts, d/b/a “Up All Night” (Gerard Fisher, principal) of Rochester to provide services for the “Bands on

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the Bricks/Night Market” summer concert series at the Rochester Public Market. The cost of this agreement will be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Eskay Concerts will provide talent and production services for up to eight concerts during July and August 2011, featuring national and regional performers. The free concert series is part of the Public Market’s strategy to increase off-market day use of the site and to attract new visitors to the venue. Last year, over 21,000 people attended the concerts. Eskay has provided these services for the series for the past eleven years and were instrumental in starting the series. Eskay will provide the City with 25% of the first $10,000 net revenue, then 50% of additional revenue from food and beverage sales. Profits for the past three years are as follows: 2008 2009 2010

Nuisance Points Advisory Board Transmitted herewith for your approval is legislation amending Resolution 2011-5 which confirmed the appointments of members to the Nuisance Points Advisory Board. Charlotte Thomas-Burch has declined the appointment. She will be replaced by LaShay Harris, 323 Aldine Street, Rochester 14619. Ms. Harris’ term will expire on December 31, 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Resolution No. 2011-8 (Int. No. 90) Amending Resolution No. 2011-5, Approving Appointments To The Nuisance Points Advisory Board BE IT RESOLVED, by the Council of the City of Rochester as follows:

$1,723 $5,160 $3,822

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-77 (Int. No. 89) Establishing Maximum Compensation For A Professional Services Agreement For Public Market Concerts

Section 1. The Council hereby amends Resolution No. 2011-5, approving appointments to the Nuisance Points Advisory Board, by approving the appointment of LaShay Harris, 323 Aldine Street, to replace Charlotte Thomas-Burch for a term which shall expire on December 31, 2011. Section 2. immediately.

This resolution shall take effect

Adopted unanimously.

BE IT ORDAINED, by the Council of the City of Rochester as follows:

TO THE COUNCIL Ladies and Gentlemen:

Section 1. The sum of $20,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Eskay Concerts (d/b/a Up All Night) for talent booking and production services for the “Bands on the Bricks/Night Market” summer concert series at the Rochester Public Market. Said amount shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. The agreement shall also provide Eskay Concerts (d/b/a Up All Night) exclusive rights to vend food and beverages to the public at the “Bands on the Bricks” concert series, in exchange for 25% of the first $10,000 in net revenue from the food and beverage sales, and 50% of the net revenue above $10,000.

Ordinance No. 2011-78 Re: Amendment - Ordinance No. 2010-444, Comprehensive Adolescent Pregnancy Prevention Grant

Section 2. immediately.

This ordinance shall take effect

Transmitted herewith for your approval is legislation amending Ordinance No. 2010-444 and amending the 2010-11 Budget of the Department and Recreation and Youth Services to reflect a change in one of the service providers for the Comprehensive Adolescent Pregnancy Prevention (CAPP) project. Ordinance No. 2010-444 will be amended to remove The Community Place of Greater Rochester as a CAPP provider. The organization has decided not to continue services.

TO THE COUNCIL Ladies and Gentlemen:

The amount of the New York State Department of Health CAPP grant originally allocated to The Community Place to provide CAPP services was $51,345. That amount will be appropriated from the grant and transferred to the 2010-11 Budget to be used to hire a staff member to provide the project services in the community.

Resolution No. 2011-8 Re: Amending Resolution 2011-5,

This project change has been approved by the NYS Department of Health.

Passed unanimously.

TUESDAY, MARCH 22, 2011

assessment will be $5,625.66, which is the same as the 2010-2011 amount.

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-78 (Int. No. 91) Amending Ordinance No. 2010-444, Relating To The Comprehensive Adolescent Pregnancy Prevention Program And Amending The 2010-11 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-444, relating to the Comprehensive Adolescent Pregnancy Prevention Program is hereby amended by repealing the authorization for the agreement with The Community Place of Rochester and reducing the appropriation in the amount of $51,345 therefor. Section 2. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Department of Recreation and Youth Services by the sum of $51,400, which amount is hereby reappropriated from the Comprehensive Adolescent Pregnancy Prevention Program funds reduced in Section 1. Section 3. immediately.

Page 95

This ordinance shall take effect

2010-11 $100 x 15 $1,500

2011-12 $100 x 15 $1,500

2010-11 $2.83 x 1,457.83 $4,125.66

2011-12 $2.83 x 1,457.83 $4,125.66

Fixed Fee Properties Total Footage Fee Footage Total Security Services

In 2011-12 for security services, the fixed fee remains at $1,190 per property, and the front footage fee remains at $10.29 per foot. The total amount of the assessment will be $32,851.07, which is the same as the 2010-11 amount. 2010-11 $1,190 x 15 $17,850

2011-12 $1,190 x 15 $17,850

2010-11 $10.29 x 1,457.83 $15,001.07

2011-12 $10.29 x 1,457.83 $15,001.07

Fixed Fee Properties Total Footage Fee Footage Total

Public hearings for these assessments are required.

Passed unanimously.

Respectfully submitted, R. Carlos Carballada Acting Mayor

TO THE COUNCIL Ladies and Gentlemen:

Attachment No. AK-32

Local Improvement Ordinance No. 1628 and Local Improvement Ordinance No. 1629 Re: Public Market Snow Removal And Security Services Transmitted herewith for your approval is legislation authorizing the appropriations and assessments for snow removal and security services at the Public Market. The snow removal and security districts were established in 1990 and 1991, respectively, and include 15 properties adjacent to the Public Market. The Department of Recreation and Youth Services provides special snow removal and security services, including plowing and salting, as necessary. The security services include foot patrols from 5:00 p.m. to 5:00 a.m. on Monday through Saturday and all day Sunday and certain holidays. Part of the cost of these services is apportioned among the properties within the district. For each property, these assessments include both a fixed fee, and a fee per frontage foot. Snow Removal In 2011-12 for snow removal services, the fixed fee will be $100 per property, while the footage fee will be $2.83 per foot. The total amount of

Local Improvement Ordinance No. 1628 (Int. No. 83) Local Improvement Ordinance - Snow Removal At The Public Market BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council authorizes special snow plowing and salting services for the Public Market during the fiscal year from July 1, 2011 to June 30, 2012. Section 2. The Council hereby finds that such services will benefit both the City-owned portions of the Public Market and the privately-owned properties adjacent to the Public Market. The Council directs that a portion of the cost of providing such services be assessed against the privately-owned properties adjacent to the Public Market as listed below, which properties shall constitute the district of assessment. The total amount to be assessed for the 2011-12 year shall be $5,625.66. The amount to be assessed against each parcel shall include a fee of one hundred dollars ($100.) per parcel plus two dollars and eighty-three cents ($2.83) per foot of frontage that receives plowing and/or salting services. The

Page 96

TUESDAY, MARCH 22, 2011

frontage may be on more than one side of the parcel. The Council hereby determines that such formula represents the relative amount of benefit received by each such parcel from such services. The parcels to be assessed are as follows: Property Address SBL No. 248 N. Union St. 106.660-0001-014 171 Railroad St. 106.670-0001-078 60 Public Market 106.590-0003-008 64-66 Public Market 106.590-0003-009 68-70 Public Market 106.590-0003-010 50-52 Public Market 106.590-0003-006 55-57 Public Market 106.590-0003-007 59 Pennsylvania Ave. 106.590-0003-005.1 35 Pennsylvania Avenue 106.590.0003-002.1 16-18 Public Market 106.590-0003-001 25 Pennsylvania Avenue 106.580-0003-026 17-23 Pennsylvania Avenue 106.580-0003-027 15 Pennsylvania Avenue 106.580-0003-028 11 Pennsylvania Avenue 106.580-0003-029 9 Pennsylvania Avenue 106.580-0003-030

Front Footage 558.27 190.25 40 40 40 40

fiscal year from July 1, 2011 to June 30, 2012. Section 2. The Council hereby finds that such services will benefit both the City-owned portions of the Public Market and the privately-owned properties adjacent to the Public Market. The Council directs that a portion of the cost of providing such services be assessed against the privately-owned properties adjacent to the Public Market as listed below, which properties shall constitute the district of assessment. The total amount to be assessed for the 2011-12 year shall be $32,851.07. The amount to be assessed against each parcel shall include a fee of one thousand one hundred ninety dollars ($1,190.) per parcel plus ten dollars and twenty-nine cents ($10.29) per foot of frontage. The frontage may be on more than one side of the parcel. The Council hereby determines that such formula represents the relative amount of benefit received by each such parcel from such services. The parcels to be assessed are as follows:

40 81.50 120 40 40 40 40 19.57 128.24

Section 3. The snow plowing and salting services shall be provided by competitive contract. The special assessments levied hereunder shall be paid into the Public Market Enterprise Fund. The cost of providing such services shall be paid from the Public Market Enterprise Fund and the amounts assessed herein are hereby appropriated for that purpose. Section 4. The assessments shall be billed on the tax bill issued on July 1, 2011 and shall be due in one installment. Section 5. This ordinance shall take effect on July 1, 2011.

Property Address SBL No. 248 N. Union St. 106.660-0001-014 171 Railroad St. 106.670-0001-078 60 Public Market 106.590-0003-008 64-66 Public Market 106.590-0003-009 68-70 Public Market 106.590-0003-010 50-52 Public Market 106.590-0003-006 55-57 Public Market 106.590-0003-007 59 Pennsylvania Ave. 106.590-0003-005.1 35 Pennsylvania Avenue 106.590.0003-002.1 16-18 Public Market 106.590-0003-001 25 Pennsylvania Avenue 106.580-0003-026 17-23 Pennsylvania Avenue 106.580-0003-027 15 Pennsylvania Avenue 106.580-0003-028 11 Pennsylvania Avenue 106.580-0003-029 9 Pennsylvania Avenue 106.580-0003-030

Front Footage 558.27 190.25 40 40 40 40 40 81.50 120 40 40 40 40 19.57 128.24

Passed unanimously. Local Improvement Ordinance No. 1629 (Int. No. 84) Local Improvement Ordinance - Security At The Public Market BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council authorizes special security services for the Public Market during the

Section 3. The security services shall be provided by competitive contract. The special assessments levied hereunder shall be paid into the Public Market Enterprise Fund. The cost of providing such services shall be paid from the Public Market Enterprise Fund and the amounts assessed herein are hereby appropriated for that purpose. Section 4. The assessments shall be billed on the tax bill issued on July 1, 2011 and shall be due in one installment.

TUESDAY, MARCH 22, 2011

Page 97

Section 5. This ordinance shall take effect on July 1, 2011.

The motion was seconded by Councilmember Spaull.

Passed unanimously.

The motion was adopted by the following vote:

TO THE COUNCIL Ladies and Gentlemen:

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9.

Introductory No. 77 Re: Agreement - Law Enforcement Psychological Associates, Fitness For Duty Evaluations

Nays - None - 0.

Transmitted for your approval is legislation establishing maximum compensation of $7,000 for an agreement with Law Enforcement Psychological Associates (LEPA), Rochester 14623 (principal: Dr. Jay Supnick). The cost of the agreement will be funded from the 2010-11 Budget of the Police Department. LEPA will provide psychological fitness for duty evaluations for the Police Department during calendar 2011. The consultant has provided similar services to the City for several years at an annual cost of between $5,000 and $10,000 financed from the annual Budgets of the Police Department. Council authorization is requested for this agreement since the firm is also currently under contract with the Police Department to provide preemployment psychological evaluations of police officer recruit candidates, with maximum compensation established at $135,000 for 2010-11 (Ordinance No. 2009-220). Respectfully submitted, R. Carlos Carballada Acting Mayor Introductory No. 77 ESTABLISHING MAXIMUM COMPENSATION FOR A PROFESSIONAL SERVICES AGREEMENT FOR PSYCHOLOGICAL EVALUATION SERVICES FOR THE ROCHESTER POLICE DEPARTMENT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $7,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Law Enforcement Psychological Associates for psychological fitness for duty evaluations for the Rochester Police Department. Said amount shall be funded from the 2010-11 Budget of the Rochester Police Department. Section 2. immediately.

This ordinance shall take effect

Item held. Councilmember McFadden moved to discharge Int. No. 78 from Committee.

Councilmember McFadden moved to amend Int. No. 78. The motion was seconded by Councilmember Miller. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-79 and Introductory No. 79 Re: Appropriations - Police Department and The Greater Rochester Area Narcotics Enforcement Team Forfeiture Funds Transmitted herewith for your approval is legislation appropriating $345,000 from federal forfeited property revenues attributable to the Rochester Police Department and $35,000 attributable to the Greater Rochester Area Narcotics Enforcement Team (GRANET), and amending the 2010-11 Budget of the Police Department by their inclusion. The appropriated funds will be used to support the following projects in the Rochester Police Department: Property Clerk Office Improvement Project, Equipment/Facilities Men’s Education for Non-Violence Project Police Recruitment Education Program Police Activities League GRANET operations Total

$265,000 10,000 $25,000 10,000 $35,000 $345,000

The City administers RPD’s and GRANET's equitable shares of federal forfeiture funds, and keeps a separate accounting for each of these funds. This will be the third appropriation of forfeiture funds during 2010-11. The undesignated balances in RPD’s and GRANET’s forfeiture funds after this appropriation are estimated at $279,324 and $80,158 respectively.

Page 98

TUESDAY, MARCH 22, 2011 - THURSDAY, APRIL 14, 2011 DANIEL B. KARIN City Clerk

Respectfully submitted, R. Carlos Carballada Acting Mayor

***** Ordinance No. 2011-79 (Int. No. 78, As Amended) Amending The 2010-11 Budget By Appropriating Forfeiture Funds For The Rochester Police Department And Approving An Agreement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Police Department by the sum of $[45,000] 55,000 and to the Cash Capital allocation by the sum of $265,000, which amounts are hereby appropriated from funds realized from seized and forfeited assets. Section 2. The sum of $25,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an agreement between the City and Monroe Community College for the Police Recruitment Education Program. Said amount shall be funded from the 2010-11 Budget of the Rochester Police Department. Section 3. immediately.

This ordinance shall take effect

SPECIAL MEETING APRIL 14, 2011 4:00 P.M. Present - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8 Absent - Councilmember McFadden - 1. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS Councilmember Miller moved to discharge Int. No. 96 from Committee. The motion was seconded by Councilmember Scott. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Palumbo, Scott, Spaull - 7. Nays - None - 0.

Bracketed material deleted; underlined material added. Passed unanimously.

Introductory No. 96 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings.

Introductory No. 79 AMENDING THE 2010-11 BUDGET BY APPROPRIATING FORFEITURE FUNDS FOR THE OPERATIONS OF GRANET BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Police Department by the sum of $35,000, which amount is hereby appropriated from funds realized from seized and forfeited assets to fund the operations of the Greater Rochester Area Narcotics Enforcement Team (GRANET). Section 2. immediately.

Ordinance No. 2011-80 (Int. No. 96) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $914,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Miller moved to discharge Int. No. 97 from Committee. The motion was seconded by Councilmember Spaull

This ordinance shall take effect

Item held.

The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Palumbo, Scott, Spaull - 7.

The meeting was adjourned at 8:38 p.m. Nays - None - 0.

THURSDAY, APRIL 14, 2011 Introductory No. 97 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings. Ordinance No. 2011-81 (Int. No. 97) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $286,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The University Avenue And ARTWalk Extension Improvement Project

Page 99 Local Improvement Ordinance - Public Improvements At 500 University Avenue As A Part Of The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Miller moved to discharge Int. No. 100 from Committee. The motion was seconded by Councilmember Scott. The motion was adopted by the following vote:

Passed unanimously.

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8.

Councilmember Miller moved to discharge Int. No. 98 from Committee.

Nays - None - 0.

The motion was seconded by Councilmember Palumbo. The motion was adopted by the following vote:

Introductory No. 100 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings. Ordinance No. 2011-83 (Int. No. 100)

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Introductory No. 98 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings. Ordinance No. 2011-82 (Int. No. 98) Authorizing A Grant Agreement, Appropriating Funds And Amending The 2010-11 Budget For The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Miller moved to discharge Int. No. 99 from Committee. The motion was seconded by Councilmember Scott. The motion was adopted by the following vote:

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Miller moved to discharge Int. No. 101 from Committee. The motion was seconded by Councilmember Spaull. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Introductory No. 101 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings.

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Introductory No. 99 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings. Local Improvement Ordinance No. 1630 (Int. No. 99)

Ordinance No. 2011-84 (Int. No. 101) Amending Ordinance No. 2010-22, Relating To Agreements For Public Art For The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Miller moved to discharge Int. No. 102 from Committee.

Page 100

THURSDAY, APRIL 14, 2011 - TUESDAY, APRIL 26, 2011

The motion was seconded by Councilmember Spaull.

The Council President requested the Council to rise for a Moment of Silence.

The motion was adopted by the following vote:

Pledge of Allegiance to the Flag of the United States of America.

Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8.

Recognition Ceremony

Nays - None - 0. Introductory No. 102 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 86 of the current Council Proceedings. Ordinance No. 2011-85 (Int. No. 102) Amending Ordinance No. 2009-433, Relating To Easements For The University Avenue And ARTWalk Extension Improvement Project Passed unanimously. Councilmember Haag moved to discharge Int. No. 79 from Committee.

Retirement: Environmental Services *Gary M. Bonisteel *William D. Evans Recreation and Youth Services William B. Conge Police Department *Herbert H. Brown *Thomas P. Dwyer *Farrell Eli *Did not attend meeting. APPROVAL OF THE MINUTES By Councilmember Conklin RESOLVED, that the minutes of the Regular Meeting of March 22, 2011 be approved as published in the official sheets of the Proceedings. Passed unanimously.

The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Introductory No. 79 was introduced March 22, 2011 and appears in its original form with its transmittal letter on page 97 of the current Council Proceedings. Ordinance No. 2011-86 (Int. No. 79) Amending The 2010-11 Budget By Appropriating Forfeiture Funds For The Operations Of GRANET

COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS. The following communications are hereby directed to be received and filed: The Mayor submits the following: Administrative Cancellation or Refund of Erroneous Taxes and Charges 4046-11 Quarterly Reports 4047-11 Professional Service Agreements PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. None Presented PUBLIC HEARINGS. Pursuant to law public hearing will now be had on the following matter:

Passed unanimously. The meeting was adjourned at 4:10 P.M. DANIEL B. KARIN City Clerk ***** REGULAR MEETING APRIL 26, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 8. Absent - Councilmember Spaull - 1.

Authorizing An Amendatory 2003-04 Community Development Program Plan For The Marketview Heights Association Rental Housing Project And Amending Ordinances No. 2003-338 And 2008-210 Int. No. 112 No speakers. Local Improvement Ordinance - Upgrading Of Street Cleaning For The East Avenue/Alexander Street Entertainment District Int. No. 113 No speakers. Local Improvement Ordinance - Establishing The Cost Of The Assessments Related To The High Falls Business Improvement District Int. No. 114 No speakers.

TUESDAY, APRIL 26, 2011 Changing The Zoning Classification Of 814 Elmwood Avenue And 19 Cook Street From R-1 Low Density Residential To C-V Collegetown Village Int. No. 115 5 speakers: Joan Lindberg, Carol Baumeister, Dan Hurley, Jeff Olszewski, Betsy Brigg. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related to Downtown Special Services And Authorizing An Agreement Int. No. 116 No speakers. Authorizing The Sale Of Parcel 1, Rights To Parcel 2 And Additional Rights To Further The Midtown Urban Renewal Plan Int. No. 141 No speakers. Local Improvement Ordinance - Care And Embellishment Of Street Malls For 2011 Int. No. 126 2 speakers: Sam Spoto, Julia Kuikendall. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements Int. No. 127 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 128 1 speaker: Alex White. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Int. No. 129 No speakers. Amending The Official Map By Abandonment Of A Portion Of Grove Place Int. No. 130 1 speaker: Ashley Baker.

Page 101 tion relating to the Capital Improvement Program of the City School District. The legislation will: 1. Establish $12,507,000 as the maximum amount of debt to be authorized on behalf of the District during the 2010-11 fiscal year; and 2. Authorize the issuance of bonds in that amount and appropriate the proceeds thereof to making capital improvements to existing school buildings in the School District. By City Council Policy, borrowing in any fiscal year may not exceed the principal on outstanding debt redeemed during that year. During fiscal year 2010-11, the City School District debt service schedule liquidates $14,646,900 in principal. However, included in that number is a principal payment on Audubon School #33 (aka Ryan Center) in the amount of $1,367,549, for which the City Council, by Ordinance, allowed a onetime debt limit exclusion. In addition, there was a principal payment for Audubon School in fiscal year 2009-2010 (first principal payment) that was not deducted from the amount Council authorized for that fiscal year. A summary is as follows: Total School District principal amortization for fiscal year 2010-11

$14,646,940

Less: #33 School principal payment for fiscal year 2010-11

( 1,367,549)

#33 School principal payment for fiscal year 2009-10

(

772,400)

Adjusted Amount

$12,506,991

INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS

Amount Rounded to nearest $1,000

$12,507,000

Councilmember Conklin moved to amend Int. No. 151.

The request limit is less than the principal redeemed and, therefore, complies with the Council’s debt limit policy.

The motion was seconded by Councilmember Scott. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, - 8. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2011-9 and Ordinance No. 2011-87 Re: Capital Improvement Program City School District Transmitted herewith for your approval is legisla-

A copy of the District’s 2010-11 CIP bond request for Long-Term Facility Improvements and New Construction will be forthcoming. At its meeting of December 16, 2010, the Board of Education approved a capital plan that detailed the use of $14,646,000, which did not take the Audubon School #33 one-time exclusion into consideration. The School District will be required to revise the projects to be undertaken in order to comply with the 2010-11 amount of $12,507,000. Respectfully submitted, Thomas S. Richards Mayor Resolution No. 2011-9 (Int. No. 151, As Amended) Approving The 2010-11 Debt Resolution

Page 102 For The City School District BE IT RESOLVED, by the Council of the City of Rochester as follows: WHEREAS, an important component of the City School District's expense budget and tax levy is debt service; and WHEREAS, the amount of debt outstanding is one of the major factors evaluated by credit agencies in the determination of bond rating; and WHEREAS, control of debt service expense and the amount of outstanding debt must necessarily be exercised through restrictions on bond and note authorizations; and WHEREAS, bond ratings influence the rate of interest which must be paid on indebtedness and therefore the amount of debt service. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester, that it is the intent and policy of the City to limit the amount of bonds and notes authorized for City School District purposes in fiscal year 2010-11 to $12,507,000, which is less than the amount of debt to be redeemed in fiscal year 2010-11. The City School District shall provide the City with an amended project list, containing only projects from the original list provided to the City which are to be funded with this reduced amount. BE IT FURTHER RESOLVED, that for all bonds authorized for the City School District, the following language shall be inserted into the bond ordinance: The proceeds of these bonds shall be appropriated to pay the cost of such purpose on the condition subsequent that State aid paid to the City or the City School District with respect to such bonds applied solely to meet debt service on such bonds shall not invalidate any obligations issued pursuant to this ordinance or any appropriation of proceeds of such bonds made pursuant to this ordinance. BE IT FURTHER RESOLVED, that exceptions to this policy are to be approved only for projects and purposes which could not reasonably be foreseen and, if not approved, would result in an obvious public danger or economic loss; and for projects and purposes for which the debt issued therefor would be self-supporting. BE IT FURTHER RESOLVED, that to insure continued awareness of and adherence to this policy, each separate request for authorized debt shall be accompanied by a report in which the amount of debt actually authorized is compared to the amount of debt herein established as a limit. This resolution shall take effect immediately. Underlined material added. Adopted unanimously.

TUESDAY, APRIL 26, 2011 Ordinance No. 2011-87 (Int. No. 152) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $12,507,000 Bonds Of Said City To Finance The Cost Of Construction And Renovation Of Various Public School Buildings Within The City BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance certain costs of construction and renovation of various public school buildings within the City. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $12,507,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $12,507,000 bonds of the City, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $12,507,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $12,507,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The existing buildings are of Class "A" construction as defined by Section 11.00 a.11(a) of the Local Finance Law, and the period of probable usefulness of said specific objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.12(a)(1) of the Law, is twenty (20) years. A specific list of all such costs of construction and renovation is on file with the City in the Office of the Director of Finance. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds,

TUESDAY, APRIL 26, 2011 shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Page 103 Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin April 26, 2011 To the Council:

Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. The proceeds of these bonds shall be appropriated to pay the cost of such purpose on the condition subsequent that State aid paid to the City or the City School District with respect to such bonds applied solely to meet debt service on such bonds shall not invalidate any obligations issued pursuant to this ordinance or any appropriation of proceeds of such bonds made pursuant to this ordinance. Section 9. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing ordinance, together with a Notice attached in substantially the form prescribed by

The Finance Committee recommends for adoption the following entitled legislation: Int. No. 103 - Reducing The Amounts Authorized In Certain Bond Ordinances Int. No. 104 - Authorizing An Agreement For A Records Management Grant And Amending The 2010-11 Budget Int. No. 136 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Outplacement Services Int. No. 139 - Amending The 2010-11 Budget And Ordinance No. 2011-52, As Amended Int. No. 140 - Authorizing An Agreement And Appropriating Funds For The Early Retiree Reinsurance Program Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Loretta C. Scott Lovely A. Warren Elaine M. Spaull FINANCE COMMITTEE Received, filed and published TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-88 Re: Rescinding Authorization of Prior Bonds Transmitted herewith for your approval is legislation authorizing portions of previous bonds be rescinded. The funds are no longer needed for the projects as originally planned since other funding sources have been secured (e.g., federal stimulus funds) or actual costs are less than originally estimated. The amounts to be deauthorized are as follows:

Page 104

TUESDAY, APRIL 26, 2011

Ordinance Amount Amount to Authorized Deauthorize Project 2008-303 $7,300,000 $ 350,000 City Hall Stone 2009-044 $3,799,000 $1,099,000 Streets - 2009 Street Improvement 2009-045 $1,750,000 $1,235,000 Water - 2009 Street Improvement 2009-046 $678,000 $478,000 Sewer - 2009 Street Improvement The amounts referenced above are the authorized but unissued amounts remaining on the Bond Authorizations. The funds no longer needed for the current projects will be reallocated for other street projects. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-88 (Int. No. 103) Reducing The Amounts Authorized In Certain Bond Ordinances BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-89 Re: Agreement - New York State Department Of Education, Records Management Grant Transmitted herewith for your approval is legislation authorizing an agreement with the New York State Department of Education for the receipt and use of a 2010 Local Government Records Management Improvement Fund grant in the amount of $74,200 to fund a portion of the cost of construction of a climate controlled photo archive vault. This legislation will also amend 2010-11 Cash Capital to reflect the grant; and amend the 2010-11 Budget by transferring $75,000 from Contingency to Cash Capital to fund the additional costs of the project. The photo archive vault will be constructed within the Rundel Memorial Library Building at 115 South Avenue. The grant will be administered by the Communications Bureau; project construction will be coordinated by Department of Environmental Services. The total cost estimate for the project is $148,000. The project must be completed in sufficient time for the City to complete all reporting requirements and submit all vouchers for reimbursement by present grant deadlines of June 30, 2011.

Section 1. Bond Ordinance No. 2008-303, relating to repairs to the City Hall “A” Building, is hereby amended by reducing the maximum amount of such purpose and the amount of authorized bonding by the sum of $350,000, from $7,300,000 to $6,950,000.

Respectfully submitted, R. Carlos Carballada Acting Mayor

Section 2. Bond Ordinance No. 2009-44, relating to street reconstruction as a part of the 2009 Street Improvement Program, is hereby amended by reducing the maximum amount of such purpose by the sum of $1,099,000, and the amount of authorized bonding from $3,799,000 to $2,700,000.

Authorizing An Agreement For A Records Management Grant And Amending The 201011 Budget

Section 3. Bond Ordinance No. 2009-45, relating to water main reconstruction as a part of the 2009 Street Improvement Program, is hereby amended by reducing the maximum amount of such purpose and the amount of authorized bonding by the sum of $1,235,000, from $1,750,000 to $515,000. Section 4. Bond Ordinance No. 2009-46, relating to sewer reconstruction as a part of the 2009 Street Improvement Program, is hereby amended by reducing the maximum amount of such purpose and the amount of authorized bonding by the sum of $478,000, from $678,000 to $200,000. Section 5. immediately.

This ordinance shall take effect

Ordinance No. 2011-89 (Int. No. 104)

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the New York State Department of Education for a 2010 Local Government Records Management Improvement Fund Grant for construction of a photo archive vault. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $74,200, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein. The 2010-11 Budget is further amended

TUESDAY, APRIL 26, 2011 by transferring the sum of $75,000 from the Contingency allocation to the Cash Capital allocation to fund the construction of a photo archive vault. Section 4. immediately.

This ordinance shall take effect

Ladies and Gentlemen: Ordinance No. 2011-91 Re: Amending the 2010-11 Budget - W. Main Street Demolitions and Special Election Transmitted herewith for your approval is legislation amending the 2010-11 Budget as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-90 Re: Amendatory Agreement - Career Development Services, Outplacement Services Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Career Development Services for continued provision of outplacement services for City employees. The original agreement (Ordinance No. 2010-39) established $72,000 as maximum compensation and will fund services through May 19, 2011. This amendment will extend the agreement for one year through May 19, 2012, and increase compensation by $50,000 to provide services through June 30, 2012. The additional cost will be funded from the Undistributed allocation of the 2010-11 Budget. Career Development Services provides outplacement services for employees of the City of Rochester who are displaced either during the budget process or at other times during the year. Employees who are displaced have access to the outplacement services for two months following their termination date. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-90 (Int. No. 136) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Outplacement Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Career Development Services for the continued provision of outplacement services for displaced City employees for an additional year. Said amount shall be funded from the 2010-11 Budget for Undistributed Expense. Section 2. immediately.

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This ordinance shall take effect

1. Transfer $300,000 from Contingency to the Cash Capital allocation of the Department of Neighborhood and Business Development to fund the demolition of two City-owned buildings; 2. Appropriate $115,000 in anticipated reimbursements from Monroe County to cover the cost of election inspectors for the March 29, 2011 Special Election for Mayor. Demolitions Two three-story row buildings located at 888-892 W. Main Street and 900 W. Main Street have been vacant since September 1993 and June 1994, respectively, and were acquired by the City through tax foreclosure in November 2001 (888892) and April 2010 (900). The two buildings are separated by 894-898 W. Main Street, which is a privately-owned and partially occupied row building. A recent inspection of these two buildings by City staff revealed that both are in a state of severe structural disrepair and pose a potential health and safety hazard. Each building has sustained major water damage; 888-892 W. Main Street has also been damaged by fire. As a result, the upper floors have collapsed onto the lower floors. At 888-892 W. Main Street, there is also visual evidence of the brick corners separating from the main structure. As such, both are recommended for demolition. Due to the structural instability of these buildings, it is not possible to perform pre-demolition asbestos work. Consequently, the demolitions will be treated as an asbestos project with entire buildings and contents being handled as asbestos waste. The funding will also provide for any necessary repairs to the walls of the adjacent buildings once these buildings are removed. All demolition/asbestos work will be publically bid. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-91 (Int. No. 139, As Amended) Amending The 2010-11 Budget And Ordinance No. 2011-52

Passed unanimously.

BE IT ORDAINED, by the Council of the City of Rochester as follows:

TO THE COUNCIL

Section 1. Ordinance No. 2010-188, the 2010-

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11 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $300,000 from the Contingency allocation to the Cash Capital allocation to fund the demolition of City properties. Section 2. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the City Council and Clerk by the sum of $115,000, which amount is hereby appropriated from funds to be received from Monroe County for election inspectors. Section 3. Ordinance No. 2011-52, Amending The 2010-11 Budget, as amended, is hereby further amended by deleting the words “revenue estimates from state aid and” where they appear in Section 1 thereof. Section 4. immediately.

This ordinance shall take effect

City of Rochester commenced with claims incurred on or after June 1, 2010 when the program started. A plan sponsor must use the proceeds under this program: 1) to reduce the sponsor’s health benefit premiums or health benefit costs; 2) to reduce plan participants' health benefit premium contributions, copayments, deductibles, coinsurance, or other out-of-pocket costs, or any combination of these costs; or 3) to reduce any combination of the costs specified in (1) and (2). The plan sponsor is expected to continue the same level of support and contribution as it did before ERRP; therefore, the program funds will be used to offset increases in the City’s share from year to year. The reimbursements may not be used by the plan sponsor as general revenue. As such, it is recommended that the current and any future reimbursements through the ERRP be appropriated from the ERRP fund as revenue into the budget to provide for a partial offset to increases in the City’s health benefit costs.

Underlined material added. Passed unanimously.

Respectfully submitted, R. Carlos Carballada Acting Mayor

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-92 Re: Early Retiree Reinsurance Program Transmitted herewith for your approval is legislation authorizing an agreement with the U.S. Department of Health and Human Services for the receipt of $1,290,000 in reimbursements through the Patient Protection and Affordable Care Act (PPACA) - Early Retiree Reinsurance Program (ERRP), and appropriating that amount to establish an Early Retiree Reinsurance Program Fund. The purpose of ERRP is to encourage sponsors of retiree health plans to continue maintaining those plans, particularly for early retirees who are not yet eligible for Medicare, until the state-based health insurance exchanges established by PPACA become operational in 2014. Consequently, the program represents a stop-gap measure to bridge the time between the passage of PPACA and the time that the exchanges are established. ERRP began in June 2010 with a $5 billion allocation, and expires January 1, 2014, or earlier if funds are depleted. The allocation provides reimbursements to plan sponsors for a portion of the medical claims incurred by early retirees and their spouses and dependents. Early retirees are defined as those age 55 or older, who are not eligible for coverage under Medicare. The City of Rochester applied for and was accepted into the program as a designated plan sponsor. Reimbursements cover 80% of paid claims costs between $15,000 and $90,000 incurred during a plan year for each early retiree, their spouse, or dependent. The reimbursement period for the

Ordinance No. 2011-92 (Int. No. 140) Authorizing An Agreement And Appropriating Funds For The Early Retiree Reinsurance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the United States Department of Health and Human Services for funding under the Patient Protection and Affordable Care Act for the Early Retiree Reinsurance Program. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. There is hereby appropriated from funds to be received under the Patient Protection and Affordable Care Act the sum of $1,290,000 to fund the Early Retiree Reinsurance Program Fund to pay for eligible City costs under the Program. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. Councilmember Conklin moved to discharge Int. No. 474 from Committee. The motion was seconded by Councilmember Palumbo. The motion was adopted by the following vote:

TUESDAY, APRIL 26, 2011

Page 107

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, - 8.

Applications For The New York Main Street Program, As Amended

Nays - None - 0.

Int. No. 147 - Establishing Maximum Compensation For A Professional Services Agreement For Business Development Services

Introductory No. 474 was introduced December 14, 2010 and appears in its original form with its transmittal letter on page 433 of the 2010 Council Proceedings. Ordinance No. 2011-93 (Int. No. 474) Establishing Maximum Compensation For A Professional Services Agreement For Telephone Notification System Services

Int. No. 148 - Local Law Amending The City Charter With Respect To The Commissioner Of Neighborhood And Business Development Int. No. 149 - Local Law Amending The City Charter With Respect To The Issuance Of Appearance Tickets The Neighborhood & Business Development Committee recommends for consideration the following entitled legislation:

Passed unanimously.

To the Council:

Int. No. 112 - Authorizing An Amendatory 2003-04 Community Development Program Plan For The Marketview Heights Association Rental Housing Project And Amending Ordinances No. 2003-338 And 2008-210

The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation:

Int. No. 113 - Local Improvement Ordinance Upgrading Of Street Cleaning For The East Avenue/Alexander Street Entertainment District

Int. No. 105 - Authorizing The Sale Of Real Estate And Amending Ordinance No. 2011-21

Int. No. 114 - Local Improvement Ordinance Establishing The Cost Of The Assessments Related To The High Falls Business Improvement District

By Councilmember Palumbo April 26, 2011

Int. No. 106 - Authorizing The Sale Of A Portion Of 1315 South Plymouth Avenue Int. No. 107 - Establishing Maximum Compensation for A Professional Services Agreement For The High Falls Centers Int. No. 108 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $345,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Streets, Sidewalks And Water Mains To Effectuate The Cascade Area Urban Renewal Plan Int. No. 109 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Scott Alley Public Improvement Project, As Amended Int. No. 110 - Approving A Property Tax Exemption and Authorizing An In Lieu Of Tax Agreement For Wilson Commencement Park Int. No. 111 - Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The East House-State Street Apartment Project

Int. No. 115 - Changing The Zoning Classification Of 814 Elmwood Avenue And 19 Cook Street From R-1 Low Density Residential To C-V Collegetown Village Int. No. 116 - Local Improvement Ordinance Establishing The Cost Of The Special Work And Services Related to Downtown Special Services And Authorizing An Agreement Int. No. 141 - Authorizing The Sale Of Parcel 1, Rights To Parcel 2 And Additional Rights To Further The Midtown Urban Renewal Plan Respectfully submitted, Carla M. Palumbo Carolee A. Conklin (Voted against Int. Nos. 110, 111 and 137) Dana K. Miller Lovely A. Warren (Did not vote on Int. Nos. 137, 138, 141, and 146 through 149) Elaine M. Spaull NEIGHBORHOOD & BUSINESS DEVELOPMENT COMMITTEE Received, filed and published.

Int. No. 137 - Authorizing An Amendatory Agreement For The Lead Hazard Reduction Demonstration Grant Program

TO THE COUNCIL Ladies and Gentlemen:

Int. No. 138 - Authorizing An Application And Agreements For The Midtown Plaza Revitalization Project

Ordinance No. 2011-94 Re: Sale of Real Estate and Amending Ordinance No. 2011-21

Int. No. 146 - Resolution Endorsing Grant

Transmitted herewith for your approval is legisla-

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tion approving the sale of 11 properties and amending a prior ordinance. Sale of Real Estate Each of the eleven properties is an unbuildable vacant lot that is being purchased by the adjacent owner for $1. The intent of each owner is to combine the vacant lot with their respective parcel. The first year projected tax revenue for these eleven properties, assuming full taxation, current assessed valuations and current tax rates, is estimated to be $2,483. All City taxes and other charges, except water charges, against properties being sold by the City will be canceled on the first day of the month following adoption of the ordinance because either the City has agreed to convey the properties free of City tax liens and other charges, or these charges have been included in the purchase price. Ordinance No. 2011-21 This ordinance, approved in February 2011, authorized the sale of 129-131 Weld Street. It contained a typographical error that will be corrected through this amendment. The original ordinance approved the sale with an indicated sale price of $10,000; the correct price for the lot is $1,500. This change does not affect the total tax impact.

33x99 Cherod Lewis 74x95 Milton Bryant 6x109 Rafael Marte 3x109 Rafael Marte

3,049 7,125 654 327

Section 2. City taxes and other City charges, except water charges, against said properties are hereby canceled up to the first day of the month following the date of adoption of this ordinance for the reason that the City has agreed to convey said properties free of City tax liens and other charges or because these charges have been included in the purchase price. Section 3. Section 1 of Ordinance No. 201121, authorizing the sale of real estate, is hereby amended by changing the price for the sale of 129-131 Weld Street from $10,000 to $1,500. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-95 Re: Sale of Land - Portion of 1315 S. Plymouth Avenue

Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-35 Ordinance No. 2011-94 (Int. No. 105) Authorizing The Sale Of Real Estate And Amending Ordinance No. 2011-21 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Lot Size Purchaser

111-111.5 Evergreen St 106.38-1-20 358-362 Garson Av 107.61-2-66 48.1 Lill St. (SH) 106.30-4-14.1 48.2 Lill St (NH) 106.30-4-14.1 55 Lill St 106.30-4-7 23 Mark St 106.41-2-60

43x71 3,096 Celia Irvin 40x75 3,049 Helen Hinton 29x78 2,325 Eula Dozier 29x78 2,325 Hatice Orr Canca 40x86 3,484 Ronald Wilcox 31x104 3,224 Sidney & Barbara Benware 33x104 3,432 Willie Clay

25 Mark St 106.41-2-61

29 Reed Pk 106.41-4-15 123 Roth St 106.21-3-16.1 129 Woodbury St 106.57-1-46 Pt of 131 Woodbury St Pt of 106.57-1-47

Sq. Ft.

Transmitted herewith for your approval is legislation authorizing the sale of a portion of 1315 South Plymouth Avenue for redevelopment as part of the Brooks Landing Revitalization Project. The parcel is being sold to Ronald A. Christenson or an entity to be formed by him, for the appraised value of $18,000, as determined by an independent appraisal conducted by Bruckner, Tillett, Rossi, Cahill & Associates in October 2010. This City-owned vacant property is located on the west side of the Genesee River spanning from the northern boundary of 910 Genesee Street, north to the Exchange Street right-of-way, and just south of Ford Street. It was formerly a portion of the Pennsylvania Railroad right-of-way. The portion to be subdivided for the sale is approximately 1.7 acres, is adjacent to 910 Genesee Street and bordered on the west by residential properties on Barton Street, and on the east by the Plymouth Gardens high-rise apartment building (see attached map). The parcel to be sold will be developed as a parking lot; Phase I will provide 72 spaces for tenants of retail space at the Brooks Landing Business Center (BLBC) at 910 Genesee Street. The 28,000 square foot BLBC has office space on the second floor and a mix of office and retail space on the first floor. The office space is fully occupied by more than 100 University of Rochester (UR) employees. The existing parking lot for the BLBC includes 120 spaces and is at capacity

TUESDAY, APRIL 26, 2011

Page 109

during the day with employees and visitors to the UR offices. Phase II will provide 113 spaces needed for future demand anticipated as a result of expanded UR operations on the bottom floor of the nearby Staybridge Suites hotel and an overall increase in visitors to Brooks Landing. The sources and uses of funds for the project are as follows: Use of funds:

$ 18,000 70,000 140,00 10,000 $238,000

Source of funds:

$238,000

Land purchase Phase 1 construction Phase 2 construction Soft costs Developer equity

Economic benefits of the project include: redevelopment of underutilized land, increasing property tax revenue, and increasing commercial development and job creation. Construction of Phase 1 is expected to be completed in the summer of 2011; Phase 2 is anticipated to be completed within 24 months of the completion of Phase 1. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, it has been determined that the proposed sale will not result in any significant impacts. A negative declaration has been issued. Respectfully submitted, R. Carlos Carballada Acting Mayor

The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, - 8. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Introductory No. 107 Re: Agreement - Sally Wood Winslow, Operation of the High Falls Centers Transmitted herewith for your approval is legislation establishing $41,600 as maximum compensation for a one-year agreement with Sally Wood Winslow for operation of the High Falls Centers, which includes the museum, interpretive center, gallery, and gift shop. The current agreement expires July 17, 2011. The cost of this agreement will be funded from the 2011-12 Budget of the Department of Neighborhood and Business Development, contingent upon adoption of the 201112 budget. Ms. Winslow has operated the Centers part-time from 1993 through February 2004 when she assumed operations on a full-time basis. A requirement of a New York State grant received in 1992 requires the Centers to operate for a minimum of 23 years. Operation of the gift shop includes a monthly rental fee to the City of 15% of gross sales. Respectfully submitted, R. Carlos Carballada Acting Mayor

Attachment No. AK-36 Introductory No. 107 Ordinance No. 2011-95 (Int. No. 106) Authorizing The Sale Of A Portion Of 1315 South Plymouth Avenue

ESTABLISHING MAXIMUM COMPENSATION FOR A PROFESSIONAL SERVICES AGREEMENT FOR THE HIGH FALLS CENTERS

BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. The Council hereby approves the sale of a portion of 1315 South Plymouth Avenue, SBL No. 135.35-1-18.4, approximately 1.7 acres in size, to Ronald A. Christenson, or an entity to be formed by him, for the sum of $18,000, for use with the Brooks Landing Revitalization Project.

Section 1. The sum of $41,600, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Sally Wood Winslow for the operation of the museum, interpretive center, gallery and gift shop at the High Falls Centers for a term of one year. Said amount shall be funded from the 2011-12 Budget of the Neighborhood and Business Development Department, contingent upon adoption of said Budget. Ms. Winslow shall pay to the City a monthly fee of 15% of the gross sales from the previous month for the gift shop.

Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Councilmember Palumbo moved to return Int. No. 107 to Committee. The motion was seconded by Councilmember Conklin

Section 2. immediately.

This ordinance shall take effect

Held in Committee.

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TO THE COUNCIL Ladies and Gentlemen:

administration. The agreement shall be funded from the Cash Capital allocation for the project.

Ordinance No. 2011-96 and Ordinance No. 2011-97 Re: Scott Alley - Right-of-Way Improvements

Construction for the Scott Alley improvements is scheduled to begin in summer 2011 and be completed in Fall 2011.

Transmitted herewith for your approval is legislation related to the Scott Alley Public Improvement Project. This legislation will:

Respectfully submitted, R. Carlos Carballada Acting Mayor

1. Authorize the issuance of bonds in the amount of $345,000 and appropriation of the proceeds thereof to finance a portion of the costs of the street and utility improvements as part of the development site formerly known as 116 West Main Street; and

Attachment No. AK-37

2. Authorize an amendatory agreement with Stantec Consulting Services Inc., Rochester, for resident project representation (RPR) services. The original agreement, authorized in March 2011 (Ordinance No. 2011-65), provided maximum compensation of $110,000 for RPR services on the Oakwood Road Improvement project. This amendment will increase compensation by $50,000 for a total of $160,000. The proposed improvements include new water and sewer mains and the reconstruction of Scott Alley as well as miscellaneous sidewalk repairs in the ROW adjacent to the re-subdivided project site (see attached project subdivision/location map). The improvements are needed to accommodate the proposed mixed-use development project at the site scheduled to begin in Summer 2011. The project will be administered by the Department of Environmental Services, Bureau of Architecture and Engineering. The development project includes 24 new marketrate townhomes and a new mixed-use commercial building at the corner of West Main Street and North Plymouth Avenue. The sale of this Cityowned parcel for redevelopment was previously authorized by City Council in January 2011 (Ordinance No. 2007-7). The total cost for the improvements is estimated to be $555,000. The project will be funded from the proposed bond issuance ($345,000) and $210,000 from the 2007-08 Cash Capital allocation of the Department of Neighborhood and Business Development. As part of Council’s authorization for the sale of 116 West Main Street, the original funding plan was full utilization of Cash Capital funds. Since then, it was determined that debt utilization was a more appropriate source of funds for the improvements. Site improvement funding originally identified in the 2009-10 Capital Improvement Program has been re-purposed for the project. Stantec is recommended for additional RPR services concurrent with the timeframe for services on the Oakwood Road Improvement project given the consultant’s qualifications, availability of staff and administrative savings through joint project

Ordinance No. 2011-96 (Int. No. 108) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $345,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Streets, Sidewalks And Water Mains To Effectuate The Cascade Area Urban Renewal Plan BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of effectuating the Cascade Area Urban Renewal Plan, including the cost of construction and reconstruction of streets, sidewalks and water mains along Scott Alley and at the City-owned development parcel at 116 West Main Street in the City. The currently estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $345,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $345,000 bonds of the City and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $345,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $345,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness

TUESDAY, APRIL 26, 2011 of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice

Page 111 attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-97 (Int. No. 109, As Amended) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Scott Alley Public Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Stantec Consulting Services, Inc. for resident project representation services related to the Scott Alley Public Improvement Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of [S]said amount, $20,000 shall be funded from the 2007-08 Cash Capital allocation and $30,000 shall be funded from a bond ordinance adopted for this Project. Section 2. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-98 Re: PILOT - Wilson Commencement Park Transmitted herewith for your approval is legislation authorizing the continuation of a property tax exemption and payment-in-lieu of tax (PILOT) agreement with the Wilson Commencement Housing Development Fund Corporation equal to 10% of shelter rents minus utilities for the property at 285-343 Joseph Avenue. Wilson Commencement Park Housing Development Fund Corporation (WCPHDFC) is a not-forprofit corporation formed in 1989 for the purpose of providing transitional housing. The WCPHDFC was organized under Section 45-a of the Private Housing Finance Law. The project was initially approved for a 20 year PILOT by Ordinance No. 89-412. At that time, it was anticipated that a second 20 year PILOT agreement would be approved in order to keep the rents affordable to the target population.

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Housing staff has reviewed the financial statements from the WCPHDFC and recommends the continuation of the PILOT agreement at the same terms of 10% shelter rents minus utilities. Annual payments are estimated at $26,230. A project description is attached.

project to be undertaken by Providence Housing Development Corporation and East House Corporation as co-developers. The PILOT will be with the Housing Development Fund Corporation to be formed by Providence and will be equal to 10% of shelter rents minus utilities for 435 State Street.

Respectfully submitted, R. Carlos Carballada Acting Mayor

East House-State Street Apartments is a single, two-story building which will provide permanent supportive housing for individuals with mental illness. The project will include 45 one-bedroom apartments, and commercial space on the first floor to house supportive services for property tenants of East House, a licensed service partner. Thirty of the 45 units will be licensed by the New York State Office of Mental Health (OMH). The project has selected an income limit of 50% and below of AMI. However, each of the 30 licensed beds will receive an operating subsidy through the OMH, allowing them to serve households at 30% and below of AMI.

Attachment No. AK-38 Ordinance No. 2011-98 (Int. No. 110) Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For Wilson Commencement Park BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 577 of the New York State Private Housing Finance Law, the Council hereby exempts from real property taxes, for a period of 20 years, the following property, owned by the Wilson Commencement Park Housing Development Fund Corporation, and used for housing for Wilson Commencement Park: Address 285-343 Joseph Avenue

SBL No. 106.47-1-27.2

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement for a period of 20 years with the Wilson Commencement Park Housing Development Fund Corporation, whereby the owner shall be obligated to make annual tax and in-lieu-of-tax payments to the City of Rochester equal to 10% of its annual "shelter rent". "Shelter rent" shall equal gross rents less utility costs. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

Each apartment will be 563-789 square feet and have a private storage area. Shared community space, including lounge areas, a community room with kitchen, coin-operated laundry facilities, and an outside recreational area, will be available for the exclusive use of tenants. The parcel will include 25 parking spaces, including one handicapped space, for tenants and staff. The first-floor office space will be occupied by East House, through a 15-year guaranteed lease. The 2,004 square feet of commercial space will include offices for 15 full-time employees, a reception area, a medication room, and office administrative space for a copier, storage and records. The total cost of the project is $8.7 million. Providence and East House are requesting a PILOT as an alternate to assessment under RPTL 581A, to which the project is entitled under NYS law to offset operating costs needed to maintain rents affordable to the target population. The PILOT agreement will extend for 16 years and result in annual payments of $28,903. A project description and budget are attached.

Passed by the following vote:

Respectfully submitted, R. Carlos Carballada Acting Mayor

Ayes - President Warren, Councilmembers Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 7.

Attachment No. AK-39

Nays - Councilmember Conklin - 1. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-99 Re: PILOT - East House-State Street Apartments Transmitted herewith for your approval is legislation authorizing a property tax exemption and payment-in-lieu-of-taxes (PILOT) for East House-State Street Apartments, a redevelopment

Ordinance No. 2011-99 (Int. No. 111) Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The East House-State Street Apartment Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 577 of the New York State Private Housing Finance Law, the

TUESDAY, APRIL 26, 2011 Council hereby exempts from real property taxes, for a period of 16 years, the following property, to be owned by Providence State Street Housing Development Fund Company, Inc. for the purpose of developing the Project, and to be used for housing as a part of the East House-State Street Apartment Project: Address 435 State Street

SBL No. 106.69-1-54

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement for a period of 16 years with the housing development fund corporation or an affiliated housing development fund company formed for the purpose of developing the project, whereby the owner shall be obligated to make annual tax and in-lieu-of-tax payments to the City of Rochester equal to 10% of its annual "shelter rent". "Shelter rent" shall equal gross rents less utility costs. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

Passed by the following vote: Ayes - President Warren, Councilmembers Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 7. Nays - Councilmember Conklin - 1.

Page 113 not available under the terms of the current contract. It is recommended that these costs be covered through available funding for the following reasons: 1) The 2008 HUD Lead Hazard Reduction Demonstration Grant program authorizes contractor training as an approved activity and quarterly benchmarks are established by HUD to measure the City’s performance. Reporting this extra training to HUD allows the City to not only meet the established benchmark, but to exceed it. Exceeding program goals is a positive outcome recognized by HUD. 2) Appropriate funding is available within the original budget for the Demonstration Program. 3) These additional training courses have enabled 55 landlords/contractors to obtain certification to comply with EPA’s new rule concerning their renovation, remodeling and repair program. This outcome is consistent with the City’s overall goal of reducing child lead poisoning. By increasing the education level of those that undertake lead hazard control, fewer children will be at risk. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-100 (Int. No. 137)

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-100 Re: Amendatory Agreement Environmental Education Associates, Inc., Lead Hazard Reduction Demonstration Program Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Environmental Education Associates, Inc. (EEA) to increase maximum compensation from $40,000 (authorized through Ordinance No. 2010-201) to $47,900 for additional services related to the Lead Hazard Reduction Demonstration Program. The additional $7,900 will be funded from the 2008 HUD Lead Hazard Reduction Demonstration Grant. EEA has provided training services to support the City’s Lead Hazard Control Program since 2004. Their most recent agreement was authorized by City Council in June 2010. EEA provides training, upon approval by the City, to landlords and contractors who undertake lead hazard control work. However, in February and March 2011, EEA offered additional training sessions that had not been approved by the City. In addition to this, they inadvertently failed to submit an invoice for a course held in November 2010. The funds to cover the cost of these additional courses are

Authorizing An Amendatory Agreement For The Lead Hazard Reduction Demonstration Grant Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an amendatory agreement with Environmental Education Associates, Inc. for training services for the 2008 Lead Hazard Reduction Demonstration Grant Program. Section 2. The amendatory agreement shall obligate the City to pay an amount not to exceed $7,900, and said amount, or so much thereof as may be necessary, shall be funded from the appropriation of 2008 Lead Hazard Reduction Demonstration Grant Program Funds made in Ordinance No. 2009-101. Section 3. The amendatory agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

Passed by the following vote:

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TUESDAY, APRIL 26, 2011

Ayes - President Warren, Councilmembers Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 7. Nays - Councilmember Conklin - 1. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-101 Re: Empire State Development Corporation Grant Application Transmitted herewith for your approval is legislation authorizing an application to the New York State Empire State Development Corporation (ESD) for financial assistance of up to $11 million and the subsequent execution of any necessary agreements for the receipt of the funds. The requested assistance provides for the reallocation of remaining previously authorized ESD funds for asbestos removal and demolition of the Midtown Plaza complex. ESD had initially allocated $55,000,000 for Stateadministered air monitoring, demolition, and asbestos abatement work at the Midtown site. While the contracts for that work have not been finally closed out at this point, it is anticipated that costs will total to less than $45 million and could be as low as $44 million. At ESD’s direction, the City is requesting that the remaining funds be re-allocated to Midtown site redevelopment efforts led by the City to be used as follows: $ 1,500,000 2,079,765 7,420,235

Site preparation costs - proposed PAETEC corporate headquarters Reconstruction of the truck and pedestrian tunnels at the Midtown site Reconstruction of the Midtown Parking Garage Total

Section 1. The Mayor is hereby authorized to submit an application to and enter into necessary agreements with the New York State Urban Development Corporation d/b/a Empire State Development Corporation whereby the funds remaining from the asbestos removal and demolition of Midtown Plaza will be reallocated to fund Midtown site redevelopment efforts as a part of the Midtown Plaza Revitalization Project. Section 2. The application and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2011-10 Re: New York Main Street Program Transmitted herewith for your approval is legislation endorsing the applications of the South Wedge Planning Committee, the South East Area Coalition (SEAC), North Winton Village, and Sector 4 CDC to the New York State Division of Housing and Community Renewal (DHCR) for Main Street Grants. The New York Main Street Program was established in 2004. Under the terms of the program, not-for-profit organizations can apply for grants of up to $500,000 in 2011 to be applied to one of four program objectives: façade renovation, building renovation, streetscape enhancement and downtown anchor grants.

These projects will commence in Spring and Fall 2011, with completion by Summer 2013.

The legislation that created the program requires that the local legislative body provide a resolution of endorsement to ensure these applications are consistent with governmental policies and goals. The applicants must meet these requirements.

If the grant application is approved, City Council approval will subsequently be sought to appropriate the funds and authorize agreements to implement the project, including an agreement with PAETEC for the site preparation costs.

The applications will impact the following areas: 422 S. Clinton Avenue, the East side of South Avenue between Hickory Street and Gregory Street, Monroe Avenue, East Main Street, and Thurston Road.

Respectfully submitted, R. Carlos Carballada Acting Mayor

Respectfully submitted, R. Carlos Carballada Acting Mayor

$11,000,000

Resolution No. 2011-10 (Int. No. 146, As Amended)

Attachment No. AK-40 Ordinance No. 2011-101 (Int. No. 138)

Resolution Endorsing Grant Applications For The New York Main Street Program

Authorizing An Application And Agreements For The Midtown Plaza Revitalization Project

BE IT RESOLVED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. The Council hereby endorses the applications of the South Wedge Planning Committee, the South East Area Coalition, North

TUESDAY, APRIL 26, 2011 Winton Village, the Ibero-American Development Corporation and the Sector 4 Community Development Corporation to the New York State Division of Housing and Community Renewal for inclusion in the New York Main Street Grant Program, and finds that the applications are consistent with City policies and goals. Section 2. The City Clerk is hereby directed to provide certified copies of this resolution to the appropriate staff at the New York State Division of Housing and Community Renewal and to the applicants. Section 3. immediately.

This resolution shall take effect

Underlined material added.

Page 115 Establishing Maximum Compensation For A Professional Services Agreement For Business Development Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $11,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and High Tech Rochester Inc. for business development services for City businesses from July 1, 2010June 30, 2011. Said amount shall be funded from the 2010-11 Budget of the Department of Neighborhood and Business Development. Section 2. immediately.

This ordinance shall take effect

Adopted unanimously. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

TO THE COUNCIL Ladies and Gentlemen:

Ordinance No. 2011-102 Re: Agreement - High Tech Rochester Inc., Economic Development Services Transmitted herewith for your approval is legislation establishing $11,000 as maximum compensation for an agreement with High Tech Rochester, Inc. (HTR) for services provided to city businesses July 1, 2010 through June 30, 2011. The cost of this agreement will be financed from the 201011 Budget of the Department of Neighborhood and Business Development. The City has contracted annually with HTR to provide technical assistance to businesses located in the city. The annual cost has been $10,000, and therefore has not required Council authorization. However, following negotiations with the firm, it was agreed that the compensation would be increased to $11,000. HTR will provide coaching and business development services in the areas of financing, strategic planning, innovation, and product development to both mature and start-up high-tech and manufacturing companies to aid in their growth and development. City funds will also be used to partially support the annual Rochester Regional Business Plan Contest administered by HTR. In 2009-10, as a result of HTR’s assistance, City businesses retained 241 jobs, created an additional 37 positions, and added $2.266 million in investment. The City has had a long relationship contracting with HTR; however the maximum compensation has been $10,000 over the past several years thus not requiring Council approval.

Local Law No. 1 and Local Law No. 2 Re: Amending the City Charter Transmitted herewith for your approval is legislation amending the City Charter as follows: 1. Replacing “Commissioner of Community Development” with “Commissioner of Neighborhood and Business Development” in various sections. When the Charter was amended in 2009 to reflect the creation of the Department of Neighborhood and Business Development, some references to the commissioner were inadvertently missed. This amendment will ensure consistent reference to the current title. 2. Section 10-8 will be amended to extend authority to issue appearance tickets for violations of the Anti-Litter and Snow Ordinances, Refuse and Sanitation Codes, and Property Conservation Code to Code Enforcement Inspectors in the Department of Neighborhood and Business Development. The amendment will also set forth clearly in the Charter that State-certified code enforcement officers may issue appearance tickets for code violations that include both local codes and the New York State Uniform Fire Prevention and Building Code. Respectfully submitted, R. Carlos Carballada Acting Mayor Local Law No. 1 (Int. No. 148)

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-102 (Int. No. 147)

Local Law Amending The City Charter With Respect To The Commissioner Of Neighborhood And Business Development BE IT ENACTED, by the Council of the City

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TUESDAY, APRIL 26, 2011

of Rochester as follows:

Passed unanimously.

Section 1. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by deleting the words “Commissioner of Community Development” in each place where they appear in Section 12-34, Board of Examiners of Stationary Engineers and Refrigeration Operators; Section 12-39, Electrical Examining Board; and Section 12-42, Elevator Examining Board, and by inserting in their place the words “Commissioner of Neighborhood and Business Development”.

TO THE COUNCIL Ladies and Gentlemen:

Section 2. immediately.

This local law shall take effect

Passed unanimously. Local Law No. 2 (Int. No. 149) Local Law Amending The City Charter With Respect To The Issuance Of Appearance Tickets BE IT ENACTED, by the Council of the City of Rochester as follows: Section 1. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by amending Section 10-8, Issuance of appearance tickets, to read in its entirety as follows: § 10-8. Issuance of appearance tickets. State-certified Code Enforcement Officers in the Bureau of Inspection and Compliance Services or the Neighborhood Service Centers may issue appearance tickets returnable in the Municipal Code Violations Bureau for violations of the Anti-Litter and Snow Ordinances, Streets Code, Refuse and Sanitation Codes, Property Conservation Code, Zoning Code, Fire Prevention Code, Building Code, Electrical Code, Elevator Code, and Plumbing Code and any other laws and ordinances enforced by the Department of Neighborhood and Business Development over which the Municipal Code Violations Bureau has jurisdiction, including violations of the New York State Uniform Fire Prevention and Building Code. Code Enforcement Inspectors in the Bureau of Inspection and Compliance Services or the Neighborhood Service Centers may issue appearance tickets returnable in the Municipal Code Violations Bureau for violations of the Anti-Litter and Snow Ordinances, Refuse and Sanitation Codes, and Property Conservation Code. Neighborhood Service Centers Administrators are further authorized to issue appearance tickets for violations of the Noise Code. Section 2. immediately.

This local law shall take effect

Ordinance No. 2011-103 Re: Amending Ordinance Nos. 2003-04 and 2003-338, and the 2003-04 Consolidated Community Development Plan Transmitted herewith for your approval is legislation related to the Marketview Heights Rental Housing Project. This legislation will: 1. Amend the 2003-04 Community Development Plan by transferring $100,000 in HOME funds from the Home Purchase Assistance, Employer Assisted Housing Initiative allocation to the Rental Housing Fund; 2. Amend Ordinance No. 2008-210 for the Marketview Heights Association Rental Housing Project by increasing the loan amount from $80,000 to $180,000, and appropriate $100,000 in HOME funds from the Rental Housing Fund of the 2003-04 Community Development Plan to fund the increase; and 3. Amend Ordinance No. 2003-338 to reduce the amount of HOME funds previously appropriated for the Home Purchase Assistance, Employer Assisted Housing Initiative allocation of the 2003-04 Community Development Plan by $100,000, from $400,000 to $300,000. Marketview Heights Association (MVH) received funding from New York State to redevelop two adjacent buildings located at 308-310 North Street. The proposed development will combine the buildings to include a new office for MVH on the first floor and eight affordable rental units on the second and third floors. Occupants will be required to have incomes at or below 30% AMI. In June 2008, City Council approved funding and a PILOT agreement for this project (Ordinance Nos. 2008-210 and 2008-211). MVH has been unable to proceed with the project due to several delays stemming from state requirements for further environmental review and design changes. This resulted in significant cost increases. To partially cover these costs, MVH received additional funding from the Federal Home Loan Bank (FHLB). The additional $100,000 loan from the City will be used to close the remaining funding gap. It is anticipated that construction will commence upon authorization of funding and be completed by December 2011. A project budget is as follows: Construction Financing City of Rochester Loan FHLB Total

Amount $ 162,000 1,122,897 180,000 $1,464,897

TUESDAY, APRIL 26, 2011 Permanent Financing New York State HTF New York State HOME New York State Urban Initiatives City Loan FHLB Total

Page 117 Amount $ 800,000 129,897 100,000 180,000 75,000 180,000 $1,464,897

A public hearing to amend the 2003-04 Consolidated Community Development Plan is required. Respectfully submitted, R. Carlos Carballada Acting Mayor

Transmitted herewith for your approval is legislation re-authorizing the special assessment district within the East Avenue/Alexander Street Entertainment District for a two-year period, and establishing the amount of $20,530 as the special assessment for the District. The special assessment covers the cost of additional trash removal on Saturday and Sunday, from 3:00 to 5:00 a.m., from April through October, required as a result of increased activity in the District during this period. The assessment is apportioned among the properties within the district that cater to the patrons of the establishments (e.g., bars, restaurants and parking lots which profit from the patrons).

Attachment No. AK-41 Ordinance No. 2011-103 (Int. No. 112) Authorizing An Amendatory 2003-04 Community Development Program Plan For The Marketview Heights Association Rental Housing Project And Amending Ordinances No. 2003-338 And 2008-210

In 2011-12, the fixed fee for additional services is determined by type of establishment and square footage as agreed upon by the entertainment establishments and property owners in the district. The total assessment for the district is $20,530. The City will levy the annual operating assessment against properties containing certain establishments or functions in the district as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendment to the 2003-04 Community Development Program Plan whereby $100,000 will be transferred within the HOME Program from the Home Purchase Assistance, Employer Assisted Housing Initiative Account to a new Marketview Heights Association Rental Housing Project Account in the Rental Housing Fund. Section 2. Ordinance No. 2008-210, relating to a loan agreement with the Marketview Heights Association, Inc. for the Marketview Heights Association Rental Housing Project, is hereby amended by increasing the authorized amount of the loan from $80,000 to $180,000, which increase of $100,000 is hereby appropriated from the Rental Housing Fund of the 2003-04 HOME Program. Section 3. Ordinance No. 2003-338, relating to the Employer Assisted Housing Initiative, is hereby amended by reducing the amount appropriated in Section 1 from 2003-04 HOME Program funds by the sum of $100,000, from $400,000 to $300,000, which amount is transferred and reappropriated herein. Section 4. immediately.

Parking lot under 2,500 Sq Ft Parking lot 2,500-4,999 Sq Ft Parking lot 5,000-9,999 Sq Ft Parking lot 10,000 Sq Ft or more Small sit-down restaurant Take-out restaurant/smaller bar Large bar/sit-down restaurant

Annual Charge $217 $422 $627 $855 $217 $422 $980

This assessment will be included on the annual tax bill of the affected properties. Residential properties with no entertainment venues or parking lots are not affected. A public hearing is required. Respectfully submitted, R. Carlos Carballada Acting Mayor Local Improvement Ordinance No. 1631 (Int. No. 113) Local Improvement Ordinance - Upgrading Of Street Cleaning For The East Avenue/Alexander Street Entertainment District BE IT ORDAINED, by the Council of the City of Rochester as follows:

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Local Improvement Ordinance No. 1631 Re: East Avenue/Alexander Street Entertainment District

Section 1. The Council hereby authorizes the upgrading of street cleaning and trash removal services for the East Avenue/Alexander Street Entertainment District in the form of additional services on Saturday and Sunday mornings from approximately April through October for 2011 and 2012. Section 2. The limits of the District of Assessment for the additional street cleaning shall be the following properties, which constitute parking

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lots and parcels within the East Avenue/Alexander Street Entertainment District that contain uses that generate the need for additional street cleaning services on weekends: SBL # Property Address Owner Name 121.33-1-11 7 Ryan Alley VBS of Rochester Inc. 121.26-1-63 16 Lawrence St Whiting Chauncey L Jr 121.26-1-64 14 Lawrence St Whiting Chauncey L Jr 121.34-1-31 285 Alexander St 277 Alexander LLC 121.33-1-12 22 Anson Pl 277 Alexander LLC 121.33-1-13 24 Anson Pl 277 Alexander LLC 121.33-1-14 277 Alexander St 277 Alexander LLC 121.33-1-14 277 Alexander St 277 Alexander LLC 121.34-1-36 297 Alexander St 333 East LLC 121.34-1-34 293 Alexander St Pyrczak Linda M 121.25-1-48 7 Lawrence St Apub Inc 121.26-1-62 18 Lawrence St Apub Inc 121.34-1-32 289 Alexander St Rochester East End Properties 121.25-1-47 330 East Av LLD Enterprises Inc 121.25-1-45 320 East Av LLD Enterprises Inc 121.34-1-35 295 Alexander St 295 Alexander St LLC 121.34-1-30 282 Alexander St 282 Alexander LLC 121.34-1-33 291 Alexander St Davis Ronald A & Cowden Tabor 121.26-1-41 336 East Av RRB Properties LLC 121.26-1-41 336 East Av RRB Properties LLC 121.26-1-41 336 East Av RRB Properties LLC 121.26-1-45 315 Alexander St The Fitch Building LLC 121.26-1-45 315 Alexander St The Fitch Building LLC 121.26-1-44 360 East Av The Fitch Building LLC 121.26-1-58 28.5 Lawrence St The Fitch Building LLC 121.26-1-59 26 Lawrence St The Fitch Building LLC 121.26-1-39 355 East Av 339 East Avenue LLC 121.26-1-39 355 East Av 339 East Avenue LLC 121.34-1-38 301 Alexander St 339 East Avenue LLC 121.26-1-38 384 East Av Chen Teh-Huiy & Shue-Que

Code 1 2 2

121.26-1-40 333 East LLC 121.26-1-40 339 East LLC 121.26-1-40 333 East LLC 121.26-1-40 333 East LLC

1 Ryan Alley 7 311 Alexander St 6 343 East Av 6 349 East Av 7

Section 3. The Council hereby finds that the upgrading of said street cleaning will benefit the parcels of property within the district described in proportion to the type of use of each property, and for parking lots, the size of the lot, in accordance with the following Code:

2 Code

Charge

3 3 5 6 3

Parking Lot Under 2500 Sq Ft Parking Lot 2500-4999 Sq Ft Parking Lot 5000-9999 Sq Ft Parking Lot 10000 Sq Ft Or More Small Sit Down Restaurant Take Out Rest/Smaller Bar Large Bar/Sit Down Restaurant

1 2 3

$217 $422 $627

4 5 6

$855 $217 $422

7

$980

7 7 2 5 5 5 6 5

Section 4. The additional costs relating to such street cleaning upgrading, in an amount not to exceed $20,530 for 2011, shall be assessed and billed on the 2011-12 tax bill and shall be due in one installment. The amount to be billed for 2012-13 and the charge for each code shall be determined by a separate local improvement ordinance. Such amount shall be appropriated from the Special Assessments. Any assessment not paid by its due date shall be a lien upon the property billed and a personal obligation of the property owner. Section 5. immediately.

This ordinance shall take effect

7 Passed unanimously. 7 6

TO THE COUNCIL Ladies and Gentlemen:

7

Local Improvement Ordinance No. 1632 Re: High Falls Business Improvement District

6 7 7

Transmitted herewith for your approval is legislation approving the 2011-12 levy of $25,000 for the High Falls Business Improvement District (BID) and continuing to apportion the costs among the properties within the district.

1 2 7

By law, New York State municipalities are allowed to create Business Improvement Districts to impose an assessment on property owners for additional services. The High Falls BID was established in 2004.

7 4 4

The High Falls District Plan, adopted by Council in January 2004, outlines a description of the BID boundaries, the assessment formula used to determine each building owner share, and the $25,000 budget to be used for additional clean-up,

TUESDAY, APRIL 26, 2011 beautification, landscaping, marketing, advertising, and promotional materials. The District Plan is on file in the City Clerk’s office. A public hearing is required. Respectfully submitted, R. Carlos Carballada Acting Mayor Local Improvement Ordinance No. 1632 (Int. No. 114) Local Improvement Ordinance - Establishing The Cost Of The Assessments Related To The High Falls Business Improvement District BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The budget for the 2011-12 fiscal year for the High Falls Business Improvement District is established at $25,000, which amount shall be assessed and levied in accordance with Local Law No. 1 of 2004. Section 2. This ordinance shall take effect on July 1, 2011. Passed unanimously. Councilmember Palumbo moved to return Int. No. 115 to Committee. The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott - 8.

Page 119 at 1286 Mt. Hope Avenue. Also, the rezoning will accommodate the proposed conversion of a portion of the Benfante property to a proposed Tim Horton drive-through restaurant. Although the current R-1 zoning specially permits ancillary parking lots, it does not permit the use of R-1 land for drive-through operations. Queuing for the drive-through is proposed on a portion of the 814 Mt. Hope parcel. The owner of 19 Cook Street, Paul Dean, who also owns the Elmwood Inn, consents to the rezoning. Upon the successful rezoning of the properties to C-V Collegetown Village, the establishment of the drive-through component of the restaurant will be subject to Site Plan Review approval by the Director of Planning and Zoning and Area Variance Approval by the Zoning Board of Appeals. The parking lot component is permitted in the C-V district and will be included in the overall Site Plan Approval process. The rezoning does not guarantee the approval of the variances required for the drive-through. However, the C-V zoning would provide greater flexibility in the future. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the Code of the City of Rochester, the proposal has been classified as an unlisted action. An environmental determination has been issued. The Planning Commission will hold an information meeting on this rezoning at their April 11, 2011 meeting. Their recommendation will be forwarded to City Council prior to the April 26, 2011 Council Meeting. A public hearing is required for the Zoning Map Amendment. Respectfully submitted, R. Carlos Carballada Acting Mayor

Nays - None - 0. Introductory No. 115 TO THE COUNCIL Ladies and Gentlemen: Introductory No. 115 Re: Zoning Map Amendment - 814 Elmwood Avenue and 19 Cook Street Transmitted herewith for your approval is legislation amending the Zoning Map of the City of Rochester by rezoning 814 Elmwood Avenue and 19 Cook Street from R-1 Low Density Residential District to C-V Collegetown Village District. The properties are currently developed with a singlefamily dwelling and a two-family dwelling, respectively, which are proposed to be demolished. The rezoning has been requested by the owner of 814 Elmwood Avenue, Pat Benfante. The rezoning is proposed in conjunction with the proposed redevelopment of two properties for shared access, and for parking for the Elmwood Inn at 1256 Mt. Hope Avenue and the Benfante property

CHANGING THE ZONING CLASSIFICATION OF 814 ELMWOOD AVENUE AND 19 COOK STREET FROM R-1 LOW DENSITY RESIDENTIAL TO C-V COLLEGETOWN VILLAGE BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 120 of the Municipal Code, Zoning Code, as amended, is hereby further amended by changing the zoning classification of the following parcels, constituting 814 Elmwood Avenue and 19 Cook Street, from R-1 Low Density Residential to C-V Collegetown Village: 814 Elmwood Avenue All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, being more particularly bounded

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and described as follows: Beginning at a point in the centerline of Elmwood Avenue (100' ROW) at the intersection of the southerly extension of the east line of Lot 14 of the Mount Hope & South Avenue Building Lot Association Subdivision, as filed in the Monroe County Clerk’s Office in Liber 1 of Maps, Page 62, said intersection being the Point or Place of Beginning; thence 1) Westerly, along said centerline, a distance of 43.7 feet to the southerly extension of the west line of said Lot 14; thence 2) Northerly, along said extension and the west line of Lot 14, a distance of 187.3 feet, more or less, to the northwest corner thereof; thence 3) Easterly, along the rear line of said Lot 14, a distance of 40.0 feet to the northeast corner thereof; thence 4) Southerly, along the east line of said Lot 14 and its southerly extension, a distance of 169.7 feet, more or less, to the Point or Place of Beginning. 19 Cook Street All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, more particularly bounded and described as follows: Beginning at a point in the centerline of Cook Street (58' ROW) at the intersection of the northerly extension of the west line of Lot 15 of the Mount Hope & South Avenue Building Lot Association Subdivision, as filed in the Monroe County Clerk’s Office in Liber 1 of Maps, Page 62, said intersection being the Point or Place of Beginning; thence 1) Easterly, along said centerline, a distance of 40.0 feet to the northerly extension of the east line of said Lot 15; thence 2) Southerly, along said extension and the east line of Lot 15, a distance of 149.0 feet, more or less, to the southeast corner thereof; thence 3) Westerly, along the south line of said Lot 15, a distance of 40.0 feet to the southwest corner thereof; thence 4) Northerly, along the west line of said Lot 15 and its northerly extension, a distance of 149.0 feet, more or less, to the Point or Place of Beginning. Section 2. immediately.

This ordinance shall take effect

Local Improvement Ordinance No. 1633 Re: Downtown Special Services Program Transmitted herewith for your approval is legislation relating to the Downtown Special Services Program. This legislation will: 1. Approve the 2011-12 program budget; 2. Approve the assessments to be apportioned among the properties within the Downtown Special Services District; and 3. Establish $528,200 as maximum compensation for an agreement with Downtown Special Services, Inc. for continued administration of the program for the period July 1, 2011 to June 30, 2012. This agreement will be funded from assessments to participating properties and a portion of the existing fund balance. The Downtown Special Services Program, previously referred to as the Downtown Guides Program, was initially authorized by Council on March 15, 1994 and re-authorized in 1999, 2004, and 2009 and is administered by a non-profit corporation, Downtown Special Services, Inc. The corporation is directed by an eleven-member board which includes representatives from downtown businesses, the tourist industry, and City and County government. In addition to their regular rounds, the Safety Services team offers an on-demand evening walking service to downtown employees between the hours of 3pm and 9pm, Monday through Friday. In addition, a small Information Services team operates the Downtown Information Center and maintains a portion of the www.rochesterdown town.com website that draws approximately 140,000 website visitors per year. The center is open weekdays from 8:30 a.m. to 5:30 p.m. The 2011-12 budget for the program of $528,200 was approved at a joint meeting of the board and membership held on March 29, 2011. Upon application of $36,490 from fund balance, the total assessment for 2011-12 will be $504,694, which includes a delinquency reserve. The assessment to cover the expenses of the program will be apportioned among all nonhomestead properties within the district boundaries, except those owned by the federal or state governments. The apportionment is based on relative assessed valuation. If the proposed legislation is approved, the tax levy for individual properties will be prepared and submitted to the Council for consideration. Property owners will be provided with an opportunity to review and comment on the levies.

Held in Committee.

A public hearing is required.

TO THE COUNCIL Ladies and Gentlemen:

Respectfully submitted, R. Carlos Carballada Acting Mayor

TUESDAY, APRIL 26, 2011 Local Improvement Ordinance No. 1633 (Int. No. 116) Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Special Services And Authorizing An Agreement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The cost of the special work and services to be assessed for the 2011-12 fiscal year for the Downtown Special Services District, is established at $504,694, and said amount shall be allocated and levied in accordance with Local Improvement Ordinance No. 1352, as continued by Local Improvement Ordinances No. 1446, 1528 and 1606. Section 2. The Mayor is further authorized to enter into an agreement with Downtown Special Services, Inc. for the operation of the Downtown Special Services Program. The agreement shall obligate the City to pay an amount not to exceed $528,200, and of said amount, or so much thereof as may be necessary and an amount to cover delinquencies, $504,694 is hereby appropriated from the assessments authorized herein and $36,490 is hereby appropriated from Downtown Special Services District fund balances. The agreement shall contain such terms and conditions as the Mayor deems to be appropriate.

Page 121 pedestrian access to and from their building to the underground parking garage via an underground walkway to be constructed at the City’s expense. ● PAETEC will have access to the tunnel located partially on the Midtown site pursuant to a Tunnel Agreement. ● PAETEC is granted an exclusive three-year option to purchase and an additional fouryear right of first refusal for Parcel 2 (see attached Base Plan) subject to certain terms and conditions. ● A parking agreement which includes a twenty-year term for a number of parking passes equal to the number of employees working at PAETEC up to a maximum of 1,200 (1,000 of which are guaranteed in the underground garage; additional spaces to be located at the Mortimer Street Garage) at an agreed-upon payment schedule. ● PAETEC will provide, rent-free, space for offices for the Rochester Police Department. A copy of the LDA was previously distributed to City Council and is available on the Midtown Documents and Data page on the City Website.

Passed unanimously.

PAETEC, a publicly-held corporation, is proposing the development of a new corporate headquarters building of approximately 222,426 square feet. The building would include three stories above ground, a basement, and a rooftop event center at the northwest corner of the former Midtown Plaza site.

TO THE COUNCIL Ladies and Gentlemen:

The sources and uses of funds for the proposed PAETEC corporate headquarters are as follows:

Section 3. This ordinance shall take effect on July 1, 2011.

Ordinance No. 2011-104 Re: Midtown Revitalization Project: Sale Of Land to PAETEC Realty, LLC Transmitted herewith for your approval is legislation authorizing the sale of 245 E. Main Street (Parcel 1 on the attached Subdivision Plan) to PAETEC Realty, LLC, or an entity to be formed by PAETEC Realty, LLC, for $1 to be developed as the PAETEC corporate headquarters. This approximately 1.851 acre City-owned parcel is located at the site of the former Midtown Plaza. City Council and the Rochester Urban Renewal Agency approved the subject parcels as disposition properties in the Urban Renewal Plan amended on November 9, 2009. A Land Disposition Agreement with PAETEC, executed on December 28, 2010, sets forth the sale price and various obligations for the City and PAETEC. Major provisions include the following: ● The site will be delivered in shovel ready condition. ● PAETEC will have unrestricted, exclusive

Sources Bank loan Section 108 New Markets Tax Credits PAETEC equity NYS Blueprint CDBG Total

$16,307,456 16,500,000 14,477,781 5,000,000 1,200,000 800,000 $54,285,237

Uses Site acquisition Construction Professional services Finance costs Carrying costs Project contingency Fees/permits NMTC fees General and admin. Total

$ 1 37,341,390 5,550,000 2,015,000 628,571 3,500,000 120,000 4,330,275 800,000 $54,285,237

PAETEC has committed equity in the amount of $5,000,000 to the project and is working to obtain the proposed bank loan of $16,307,456. HUD approval of the Section 108 loan application is expected in Spring 2011, at which time City Council authorization will be requested to enter

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into the loan agreement with PAETEC, or an entity to be formed by PAETEC. The New York State Empire State Development Corporation has awarded $1.2 million in Blueprint funds to PAETEC for the project. A public hearing is required. Respectfully submitted, R. Carlos Carballada Acting Mayor Attachment No. AK-42 Ordinance No. 2011-104 (Int. No. 141) Authorizing The Sale Of Parcel 1, Rights To Parcel 2 And Additional Rights To Further The Midtown Urban Renewal Plan WHEREAS, the City of Rochester has received a proposal from PAETEC Realty, LLC, or an entity to be formed by PAETEC Realty, LLC (hereinafter called “Redeveloper”), for the purchase and redevelopment of Parcel 1 on the Midtown Redevelopment Project Subdivision Plan, 245 East Main Street, SBL No. 121.24-1-28.2, in the Midtown Urban Renewal Project, for commercial development to further the objectives of the Midtown Urban Renewal Plan; and WHEREAS, the City of Rochester has received a proposal from the Redeveloper or a related entity, parent or affiliate of the Redeveloper, for a three-year option to purchase Parcel 2 on the Midtown Redevelopment Project Base Plan for the sum of $1.00, and an additional fouryear right of first refusal for Parcel 2, to further the objectives of the Midtown Urban Renewal Plan; and WHEREAS, the City desires to sell said Parcel 1 to the Redeveloper for the sum of $1.00 in accordance with Section 507(2)(d) of the General Municipal Law of the State of New York, as amended, and grant the option and first refusal on Parcel 2, in order to support the redevelopment of the parcels, and in accordance with the following conditions: 1) The site will be delivered to the Redeveloper in a shovel ready condition; 2) Redeveloper will have unrestricted, exclusive pedestrian access to and from the headquarters building to the underground parking garage (UPG) in a designated underground walkway to be constructed at the City’s expense; 3) Redeveloper will have non-exclusive access to the tunnel located partially on the Midtown site pursuant to a Tunnel Agreement; 4) Redeveloper is granted an exclusive three-year option to purchase and an additional four-year right of first refusal for Parcel 2 on the Midtown Redevelopment Project Base Plan, subject to certain terms and conditions; 5) Terms for a parking agreement which includes a 20-year term for a number of parking passes equal to the number of employees working at the Redeveloper up to

a maximum of 1,200 parking passes (1,000 of which are guaranteed in the UPG and any additional spaces to be located at the Mortimer Street Garage) at an agreed-upon payment schedule beginning with a base rate of $30 per space, to be discounted by one-third during the first three-year construction period, which base rate shall increase by 2% annually, and which passes shall be limited to average use of less than 10 hours per day, 5 days per week, and 50 hours per week and shall require regular payment for overtime usage; and 6) Redeveloper will provide, rent-free, space for offices for the Rochester Police Department; and WHEREAS, the sale will also result in the redevelopment of the blighted Center City Midtown site, and provide tax revenue and job creation; and WHEREAS, the Redeveloper has been found to be a qualified and eligible sponsor to carry on the redevelopment by the Rochester Urban Renewal Agency. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of Parcel 1 on the Midtown Redevelopment Project Subdivision Plan, 245 East Main Street, SBL #121.24-1-28.2, to the Redeveloper, or an entity to be formed by the Redeveloper for the sum of $1.00, to further the objectives of the Midtown Urban Renewal Plan. The Council further approves the pedestrian access and tunnel rights, necessary easements, and the parking agreement. Section 2. The Council hereby approves the granting of an option to purchase Parcel 2 on the Midtown Redevelopment Project Base Plan to the Redeveloper or, if found to be a qualified and eligible sponsor to carry on the redevelopment by the Rochester Urban Renewal Agency, a related entity, parent or affiliate of the Redeveloper for the sum of $1.00, to further the objectives of the Midtown Urban Renewal Plan. Such option to Purchase shall be for a term commencing the date of full execution of the land disposition agreement between the City and the Redeveloper for the transfer of Parcel 1 and terminating on the date which is the third anniversary from that full execution date. Section 3. The Council hereby approves the granting of a right of first refusal for Parcel 2 on the Midtown Redevelopment Project Base Plan to the Redeveloper or, if found to be a qualified and eligible sponsor to carry on the redevelopment by the Rochester Urban Renewal Agency, a related entity, parent or affiliate of the Redeveloper for the sum of $1.00, to further the objectives of the Midtown Urban Renewal Plan. Such right of first refusal shall be for a term commencing on the date of the third anniversary of the full execution of the land disposition agreement between the City and the Redeveloper for the transfer of Parcel 1 and terminating on the date of the seventh

TUESDAY, APRIL 26, 2011 anniversary of that full execution date. The right of first refusal shall require the purchaser to either (a.) at least match: (i.) the purchase price being offered by a third party for Parcel 2; (ii.) the real estate tax obligations or benefits; (iii.) the total investment required by the proposed project; and (iv.) the completion date for the proposed project consistent with Midtown Urban Renewal Plan, and any applicable regulations or requirements; or (b.) within ninety (90) days from the date of the written notice of an offer by a third party to purchase Parcel 2: (i.) pay for Parcel 2 the then appraised value (as determined by a qualified licensed appraiser to be completed within thirty (30) days from the date of the written notice); (ii) commence to construct a project consistent with the Midtown Urban Renewal Plan and any applicable regulations or requirements within one (1) year from the date of the written notice; and (iii) stipulate it will pay real estate taxes in accordance with the full assessment while it owns Parcel 2. Section 4. The Mayor is hereby authorized to enter into such agreements and to execute such other instruments as may be necessary to implement the terms set forth above. The agreements and other instruments shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. immediately.

This ordinance shall take effect

Passed unanimously. By Councilmember Miller April 26, 2011 To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation: Int. No. 117 - Authorizing Agreements For Materials Testing Services Int. No. 118 - Establishing Maximum Compensation For A Professional Services Agreement For GIS Services Int. No. 119 - Establishing Maximum Compensation For A Lease And Service Agreement For Granular Activated Carbon Filter Media, As Amended Int. No. 120 - Authorizing An Agreement With RGRTA For The Fueling Of Vehicles Int. No. 121 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Public Market Solar Panel Installation Int. No. 122 - Establishing Maximum Compensation For Amendatory Professional Services Agreements For The Riverside Cemetery Chapel Of Peace Project

Page 123 Int. No. 123 - Establishing Maximum Compensation For A Professional Services Agreement For Water Testing Services Int. No. 124 - Establishing Maximum Compensation For A Professional Services Agreement For Water Quality Testing Services Int. No. 125 - Amending The Municipal Code With Respect To Wholesale Water Rates Int. No. 142 - Establishing Maximum Compensation For A Professional Services Agreement For The Emerson-Locust Connector Street And Amending Ordinance No. 2011-65, As Amended Int. No. 143 - Establishing Maximum Compensation For A Professional Services Agreement For The Rundel Library Lighting Installation Int. No. 144 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Parks And Recreation Center Improvements Int. No. 145 - Authorizing A Water Exchange Agreement With The Monroe County Water Authority Int. No. 15 - Approving A Change In The Traffic Flow Of Kirley Alley From Two-Way To One-Way Eastbound The Jobs, Parks & Public Works Committee recommends for consideration the following entitled legislation: Int. No. 126 - Local Improvement Ordinance Care And Embellishment Of Street Malls For 2011 Int. No. 127 - Local Improvement Ordinance Establishing The Cost Of The Special Work And Services Related To Main Street Improvements Int. No. 128 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 129 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Int. No. 130 - Amending The Official Map By Abandonment Of A Portion Of Grove Place Respectfully submitted, Dana K. Miller Matt Haag (Abstained on Int. No. 130; voted against Int. No. 143) Loretta C. Scott (Voted against Int. No. 126) Elaine M. Spaull JOBS, PARK & PUBLIC WORKS COMMITTEE Received, filed and published.

Page 124 TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-105 Re: Agreements - Materials Testing Transmitted herewith for your approval is legislation authorizing agreements with the following companies for the testing and analysis of various construction materials: Company Address Asbestos & Environmental Consulting 189 N. Water Street Atlantic Testing Laboratories 3495 Winton Place Barton & Loguidice, P.C. 1 S. Washington Street CME Associates 385 Sherman Street Flower City Monitor 100 Boxart Street Foundation Design, P.C. 335 Colfax Street LaBella Associates, P.C. 300 State Street Lozier Analytical Group 2011 E. Main Street Paradigm Environmental Services, Inc. 179 Lake Avenue SJB Services, Inc. 535 Summit Point Drive Tierney Geotechnical Engineering 3445 Winton Place, Suite 117 The costs of the testing will be financed from the annual budgets of the Department of Environmental Services and, if necessary, the departments using the services, or from the capital funds appropriated for specific construction projects. The tests will include exploratory drilling and sampling of soils, asbestos, asphalt, concrete, masonry, structural steel, and road base materials. Such tests are routinely required by the Bureau of Architecture and Engineering for street, bridge, and building renovation projects. The previous agreements for testing services were authorized by Council in April 2009. Each of these agreements had an initial term of one year with provision for renewal for one additional year. In anticipation of the expiration of these agreements, the Department of Environmental Services solicited proposals on the City’s website; eleven firms responded. All responding firms were recommended. When tests are necessary, one or more of these companies will be utilized. The selection of a specific company will depend upon the type of test required, the company’s special skills, and its ability to accommodate the City’s schedule. The volume of tests will depend upon the number of construction projects that are authorized. The cost of the tests will be based on the unit prices specified in the company’s proposal.

TUESDAY, APRIL 26, 2011 Each of the agreements will have an initial term of one year with provision for renewal for an additional one-year period. Adjustment of the specified unit prices during the second year will be permitted but will be subject to approval by the City Engineer. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-105 (Int. No. 117) Authorizing Agreements Testing Services

For

Materials

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with the following companies for the testing of various construction materials as required by the City: Company Address Company Address Asbestos & Environmental Consulting 189 N. Water Street Atlantic Testing Laboratories 3495 Winton Place Barton & Loguidice, P.C. 1 S. Washington Street CME Associates 385 Sherman Street Flower City Monitor 100 Boxart Street Foundation Design, P.C. 335 Colfax Street LaBella Associates, P.C. 300 State Street Lozier Analytical Group 2011 E. Main Street Paradigm Environmental Services, Inc. 179 Lake Avenue SJB Services, Inc. 535 Summit Point Drive Tierney Geotechnical Engineering 3445 Winton Place, Suite 117 Section 2. Each agreement shall have a term of one year, with provision for renewal for an additional one year. Each agreement shall provide for a test to be performed on an as needed basis and shall establish a unit price to be paid for a particular test. The unit price may be adjusted during the renewal year with the approval of the City Engineer. The cost of said test shall be funded from the annual budget or from project appropriations. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

TUESDAY, APRIL 26, 2011 Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-106 Re: Agreement - Bergmann Associates, P.C., GIS Services Transmitted herewith for your approval is legislation establishing $50,000 as maximum for an agreement with Bergmann Associates, P.C., Rochester, for the provision of various geographic information system (GIS) services related to the City’s street lighting program. The cost of the agreement will be funded from the 2007-08 ($4,750) and 2008-09 ($45,250) Cash Capital allocation of the Department of Environmental Services. In April 2009, City Council authorized the acquisition of the remainder of the City’s street lighting system from the Rochester Gas & Electric Corporation (Ordinance No. 2009-95). The transfer was completed in November 2010 and the City has begun to update its existing lighting asset inventory for a full, integrated system. Services for design and integration of system data in GIS is recommended, with proposed services to include: ● Design of a geographic database based on utility industry standards; ● Conversion of current data (Microsoft Access); ● Mapping underground utilities not currently captured electronically; and ● Technical support, quality control and training. The Department of Environmental Services solicited proposals from Bergmann Associates and MRB Group (Rochester 14623) based on their demonstrated experience with GIS services. Bergmann is recommended for these services based on the variety and availability of services provided, their Environmental Systems Research Institute (ESRI) status, cost for services, and past experience. The agreement will provide for GIS design, consultation and training services at specified unit prices. The Bureau of Architecture and Engineering will engage Bergmann for specific projects and training throughout the year. The agreement will be for a period of two years.

Page 125 Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Bergmann Associates, P.C. for necessary geographic information system (GIS) services relating to the City’s street lighting program for a period of two years. Of said amount, $4,750 shall be funded from the 2007-08 Cash Capital allocation and $45,250 shall be funded from the 2008-09 Cash Capital allocation. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-107 Re: Agreement - Calgon Carbon Corporation, Hemlock Lake Filtration Plant Transmitted herewith for your approval is legislation re-authorizing a lease and service agreement with Calgon Carbon Corporation, Pittsburgh PA, related to the use of granular activated carbon (GAC) filter media at the Hemlock Lake Filtration Plant. The $52,000 cost has been included in the proposed 2011-12 Budget of the Department of Environmental Services (Water Fund). The term of the agreement will be for one year. The original lease agreement for GAC was approved by City Council in June 2005. It was reauthorized in April 2008 (Ordinance No. 2008177) when new GAC media was installed in five of the plant’s eight filters. GAC filter media was installed in 2005 for the absorption of off-flavor (taste and odor) compounds that developed in the Hemlock Lake water source after the arrival of zebra mussels. However, the taste and odor problem has significantly diminished since 2005 and, unless conditions change, GAC will be removed within the next year and replaced with anthracite filter media. Anthracite was originally used in the plant before GAC. The transition to anthracite will lower operating costs by roughly $170,000 per year. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-107 (Int. No. 119, As Amended)

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-106 (Int. No. 118)

Establishing Maximum Compensation For A Lease And Service Agreement For Granular Activated Carbon Filter Media

Establishing Maximum Compensation For A Professional Services Agreement For GIS Services

BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. The sum of $[52,000] 55,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a

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lease and service agreement with Calgon Carbon Corporation for the use of granular activated carbon filter media at the Hemlock Lake Water Filtration Plant for a term of one year. Said amount shall be funded from the 2011-12 Budget of the Department of Environmental Services (Water Fund), contingent upon approval of said Budget. Section 2. immediately.

to pay a monthly administrative fee of $125 and a contract administration fee of $325. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

This ordinance shall take effect Passed unanimously.

Bracketed material deleted; underlined material added.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously.

Ordinance No. 2011-109 Re: Amendatory Agreement - Stantec Consulting Services, Inc., Solar Panel Installation

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-108 Re: Agreement - RGRTA, Emergency Fueling Transmitted herewith for your approval is legislation authorizing an agreement with the RochesterGenesee Regional Transportation Authority (RGRTA) for fueling of non-emergency vehicles at the City Operations Center at 945 Mt. Read Boulevard. The term of the agreement will be one year, with the option of renewing for an additional one-year term. This agreement will allow RGRTA to fuel their vehicles at the City facility only in the event that the fuel pumps at RGRTA become inoperable. The vehicles that would potentially require this service include a total of 32: nineteen automobiles, four vans, and nine trucks which average 2,000 gallons of unleaded fuel per month. RGRTA will reimburse the City for the cost of fuel and pay a service charge of $.15 per gallon. Fixed costs include administrative fees of $125 per month and a one-time contract administration fee of $325. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-108 (Int. No. 120) Authorizing An Agreement With RGRTA For The Fueling Of Vehicles BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester Genesee Regional Transportation Authority (RGRTA) for the emergency fueling of RGRTA vehicles at the City Operations Center at 945 Mt. Read Boulevard. The agreement may extend for a term of one year, with a one-year renewal. The agreement shall obligate RGRTA to reimburse the City for the actual cost of the fuel and pay an administrative and service charge of $.15 per gallon, and

Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Stantec Consulting Services, Inc. for additional engineering design and construction administration services for installation of solar panels. The original agreement, authorized in June 2010 (Ord. No. 2010-222) established $50,000 as maximum compensation for design services for a solar panel installation at Arnett Branch Library. This amendment will increase maximum compensation by $28,000 to a total of $78,000, so that design can be done for a solar panel installation at Shed C at the Public Market. The additional cost will be funded from the Energy Efficiency and Conservation Block Grant (EECBG) appropriated in March 2010 (Ordinance No. 2010-84). Stantec was retained through a competitive proposal process for design of the Arnett Branch Library solar installation project funded by a grant from the New York State Research and Development Authority (NYSERDA). As part of the original design scope of services, Stantec evaluated and recommended potential City facilities for a smaller (10-20 kW) system. Installation of a solar panel at a City-owned building is a component of the City’s EECBG program strategy. Due to the relatively short timeline for obligation of EECBG funds and the consultant’s performance of similar services to date, Stantec is recommended to continue with design and construction administration services for a solar panel installation at the Public Market. Design will begin in May 2011, with construction in spring 2012. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-109 (Int. No. 121) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Public Market Solar Panel Installation

TUESDAY, APRIL 26, 2011 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $28,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Stantec Consulting Services, Inc. for engineering design and construction administration services for the Public Market (Shed C) Solar Panel Installation Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the project. Said amount shall be funded from the Energy Efficiency and Conservation Block Grant Funds appropriated in Ordinance No. 2010-84. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-110 Re: Amendatory Agreements - Chapel of Peace at Riverside Cemetery Transmitted herewith for your approval is legislation authorizing the following amendatory agreements for the Chapel of Peace at Riverside Cemetery project: 1. SWBR Architects, Rochester, for additional construction administration services. The original agreement, authorized in February 2009 (Ordinance No. 2009-42), provided maximum compensation of $425,000; this amendment will increase compensation by $25,000 for a total of $450,000; and 2. The Pike Company, Rochester, for additional construction management services. The original agreement, authorized in December 2009 (Ordinance No. 2009-426), provided maximum compensation of $250,000; this amendment will increase compensation by $85,000 for a total of $335,000. Construction on the Riverside Cemetery Chapel of Peace, a new 13,800 square foot community mausoleum and chapel that will provide the City an additional 25 years of above-ground burial options for residents, began in May 2010. This project is funded through transfers from the Cemetery Fund to the 2009-10 Cash Capital allocation of the Department of Environmental Services. The additional costs will be covered by the project contingency allocation, with the expectation that they will be recovered from deductions from the contractor’s contract, for reasons described below. Current delays in the construction schedule are due in large part to delayed submission of required documents, as well as insufficient project management and sub-contractor coordination

Page 127 attributable to Patrick Development, Inc., the general contractor. Consequently, SWBR and Pike required additional, unanticipated time to review multiple submissions and subsequent rejections of documents, attend additional schedule recovery meetings, and provide extended construction administration duties. The costs incurred by the design and construction management consultant firms are in direct relation to these delays. Liquidated damages for the passing of construction schedule milestones and substantial completion of the project are in the process of being assessed; it is the City’s intent to fund the additional consultant costs through the deducted contract value. It is anticipated that construction will be completed in May 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-110 (Int. No. 122) Establishing Maximum Compensation For Amendatory Professional Services Agreements For The Riverside Cemetery Chapel Of Peace Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $25,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and SWBR Architects for architectural and engineering services for the Riverside Cemetery Chapel of Peace Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the project for which the services are provided. Said amount shall be funded from the 2009-10 Cash Capital allocation. Section 2. The sum of $85,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and The Pike Company for construction management services for the Riverside Cemetery Chapel of Peace Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the project. Said amount shall be funded from the 2009-10 Cash Capital allocation. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

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Ordinance No. 2011-111 Re: Agreement - Underwriters Laboratories, Water Testing Transmitted herewith for your approval is legislation establishing $24,000 as maximum compensation for a three-year agreement with Underwriters Laboratories of South Bend, Indiana, for laboratory testing of drinking water. The annual cost of $8,000 will be financed from the 2010-11 and subsequent operating budgets of the Department of Environmental Services (Water Fund). The existing agreement for water testing authorized in January 2009 (Ordinance No. 2009-16) is with Life Science Laboratories, which has not met the City’s performance standards. As a result, their agreement will be terminated in April. Proposals were solicited from four laboratories, with Underwriters Laboratories as the sole responding firm. Underwriters Laboratories has previous experience with the City and is a nationally recognized leader in drinking water testing. Respectfully submitted, R. Carlos Carballada Acting Mayor

Environmental Services (Water Bureau). The consultant will provide quarterly testing of source water samples for the waterborne pathogens Cryptosporidium and Giardia with an annual matrix spike test, including all necessary sampling apparatus for the collection and shipping of microbial samples. ASI and the City will share shipping costs. Giardia and Cryptosporidium are water borne pathogens that can be found in drinking water. The testing for Giardia and Cryptosporidium is done using methods approved by the US Environmental Protection Agency. Qualifications were solicited from six firms. Five responses were received: Mohawk Valley Water Authority, Tetra-Tech-Clancy Environmental (Saint Albans, VT), Erie County Water Authority, Environmental Epidemiology Lab (Boston, MA), and Analytical Services, Inc. Testing and shipping costs were compared and ASI was selected based on their qualifications, expertise, and previous six years of experience with the City. Respectfully submitted, R. Carlos Carballada Acting Mayor

Ordinance No. 2011-111 (Int. No. 123) Establishing Maximum Compensation For A Professional Services Agreement For Water Testing Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $24,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Underwriters Laboratories for laboratory testing of drinking water for three years. Said amount shall be funded from the 2010-11 and subsequent Budgets of the Department of Environmental Services (Water Fund), contingent upon approval of the subsequent budgets. Section 2. immediately.

Ordinance No. 2011-112 (Int. No. 124) Establishing Maximum Compensation For A Professional Services Agreement For Water Quality Testing Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $6,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Analytical Services, Inc. for water quality testing services for three years. Said amount shall be funded from the 2010-11 and subsequent Budgets of the Department of Environmental Services (Water Fund), contingent upon the adoption of subsequent budgets.

This ordinance shall take effect Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

TO THE COUNCIL Ladies and Gentlemen:

Ordinance No. 2011-112 Re: Agreement - Analytical Services, Inc., Water Monitoring Services

Ordinance No. 2011-113 Re: Wholesale Water Rate Increase

Transmitted herewith for your approval is legislation establishing $6,000 as maximum compensation for a three-year agreement with Analytical Services, Inc. (ASI), Williston VT, for water quality testing services. The annual cost of $2,000 will be funded from the 2010-11 and subsequent annual budgets of the Department of

Transmitted herewith for your approval is legislation amending Section 23-37 of the Municipal Code by raising the wholesale water rate for Water Districts 1 and 2 in the Town of Lima (including the Village of Lima), the Towns of Richmond and West Bloomfield.

TUESDAY, APRIL 26, 2011 The present wholesale rate was established in May 2009, $1.43 per 1,000 gallons. This amendment will increase the rate by 1.64% based on the Consumer Price Index (CPI) for the calendar year 2010. This equals a $0.02 increase for a proposed rate of $1.45 per 1,000. The estimated additional revenue is $4,100. These wholesale water customers consumed about 175,800,000 gallons last year. Usage in the Town of Lima Water Districts 1 and 2 (including the Village) comprise about 44% of the total, with West Bloomfield comprising about 19% and Richmond about 37%. The cost increase is related primarily to maintaining an aging system. Future rate adjustments to the wholesale rate will be based upon changes in the Consumer Price Index. Rate changes are expected to be proposed on an annual basis for Lima and Richmond, and every two years for West Bloomfield. The proposed rate increase will go into effect on July 1, 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-113 (Int. No. 125) Amending The Municipal Code With Respect To Wholesale Water Rates BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 23-37 of the Municipal Code, relating to water fees, as amended, is hereby further amended by amending subsection F(9) thereof to read in its entirety as follows: (9) Wholesale rate: $1.45 per 1,000 gallons for the Town of West Bloomfield and $1.45 per 1,000 gallons for the Town of Richmond and Water Districts 1 and 2 of the Town of Lima. Section 2. This ordinance shall take effect on July 1, 2011.

Page 129 TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-114 Re: Agreement - Stantec Consulting Services, Inc., Emerson-Locust Connector Street Transmitted herewith for your approval is legislation establishing $42,000 as maximum compensation for an agreement with Stantec Consulting Services, Inc. for engineering planning and design services for a new street to be constructed between Emerson Street and Locust Street. The cost of the agreement will be financed from bonds previously issued for this project (Ordinance No. 2009-157). The project will include construction of a new street including drainage, curb, signage, sidewalk, streetscape, lighting, landscaping, water main and other improvements. Originally, the design of this project was to be completed by the City’s Department of Environmental Services, Bureau of Architecture and Engineering. However, the City had earlier applied for, and in December 2010 was notified of, a Water Quality Improvement Program award from the New York State Department of Environmental Conservation (authorized through Ordinance No. 2011-37) that will cover the cost of incorporating green infrastructure features. The green infrastructure features include porous pavement, a bioswale, and a rain garden, all of which help reduce polluted runoff from entering the water system. Architecture and Engineering staff are not available to design these features as a result of continued staffing reductions in recent years. The consultant will provide engineering planning and design of the project based upon conceptual plans prepared by City staff. Qualifications were solicited from four firms: Barton & Loguidice, P.C., Marathon Engineering, Stantec Consulting Services, Inc., and T.Y. Lin International. Based on their qualifications and approach to the project, Stantec was selected. Design will begin in Spring 2011; it is anticipated that construction will begin in summer 2012 with scheduled completion in the Fall.

Passed unanimously.

Respectfully submitted, R. Carlos Carballada Acting Mayor

Councilmember Miller moved to amend Int. No.142.

Attachment No. AK-43

The motion was seconded by Councilmember McFadden. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott - 8. Nays - None - 0.

Ordinance No. 2011-114 (Int. No. 142, As Amended) Establishing Maximum Compensation For A Professional Services Agreement For The Emerson-Locust Connector Street And Amending Ordinances No. 2011-65, 2011-64 And 2011-83 BE IT ORDAINED, by the Council of the City of Rochester as follows:

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TUESDAY, APRIL 26, 2011

Section 1. The sum of $42,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Stantec Consulting Services, Inc. for engineering planning and design services for the Emerson-Locust Connector Street Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Said amount shall be funded from Bond Ordinance No. 2009-157. Section 2. Ordinance No. 2011-65, relating to an agreement for the Oakwood Road Reconstruction Project, is hereby amended by changing the source of the $110,000 in funding to $88,000 from Bond Ordinance No. 2011-66 and $22,000 from Bond Ordinance No. 2011-67. Section 3. Ordinance No. 2011-64, relating to agreements and appropriations for the Midtown Redevelopment Project, is hereby amended by deleting Section 3 thereof. Section 4. Ordinance No. 2011-83, relating to an agreement for the University Avenue and ARTWalk Extension Improvement Project, is hereby amended by amending the second sentence of Section 1 thereof to read in its entirety as follows: The agreement may extend until [three (3) months after completion of a two year guarantee inspection of] six months after final payment on the construction contract awarded for the Project. Section 5. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No.2011-115 Re: Agreement - Stantec Consulting Services, Inc., Rundel Library Lighting Installation Transmitted herewith for your approval is legislation establishing $15,000 as maximum compensation for an agreement with Stantec Consulting Services, Inc., for engineering design and construction administration services for a lighting installation at the Rundel Building of the Rochester Public Library. The cost of the agreement will be funded from the 2007-08 Cash Capital allocation of the Department of Neighborhood and Business Development. The Department of Environmental Services, Bureau of Architecture and Engineering, will oversee the installation of 24 high-intensity, energy-efficient LED lights that allow for remote color and light level changes at the Rundel Building. The lights will be installed along the river

and Broad Street exterior façades of the building. The cost of installation is estimated at $75,000 and will be funded from the 2007-08 Cash Capital allocation of the Department of Neighborhood and Business Development. Annual operating costs are estimated at $400 and will be covered by private donations to the Library. Stantec previously evaluated and provided design specifications for energy efficient accent lighting as part of the South Avenue Garage project; based on prior work completed, budget, and availability of staff for a short installation timeframe, it is recommended that Stantec provide design and construction administration services for this project. Design will begin in May with installation scheduled in August 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-115 (Int. No. 143) Establishing Maximum Compensation For A Professional Services Agreement For The Rundel Library Lighting Installation BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $15,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Stantec Consulting Services, Inc. for engineering design and construction administration services for the Rundel Library Lighting Installation Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the project. Said amount shall be funded from the 2007-08 Cash Capital allocation. Section 2. immediately.

This ordinance shall take effect

Passed by the following votes: Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo, Scott - 7. Nays - Councilmember Haag - 1. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-116 Re: Amendatory Agreement - LaBella Associates, Resident Project Representation Services Transmitted herewith for your approval is legislation authorizing an amendatory agreement with LaBella Associates for continued resident project representation services for park and recreation

TUESDAY, APRIL 26, 2011 center improvements. The original agreement authorized in August 2006 was for $60,000 and has been amended annually to cover each year’s anticipated needs. Past allocations are as follows: 2007 2008 2009 2010

$50,000 $60,000 $45,000 $30,000

The request for 2011-12 is $40,000, which will bring total maximum compensation to $285,000 for these services. The additional cost will be financed from the 2011-12 Cash Capital allocation of the Department of Recreation and Youth Services. The additional funds will be used for resident project representation services for 2011-12 construction projects, which include, but are not limited to: 1. Orchard Saxton. 2. Jefferson Terrace (near #4 School on Jefferson Avenue). 3. Charlotte Village Green (near Spanish Gardens on Latta Road). A request for proposals will be issued for these services prior to authorization for 2012-13.

Monroe County Water Authority Transmitted herewith for your approval is legislation authorizing an agreement with the Monroe County Water Authority (MCWA) for the exchange of drinking water. The current agreement with MCWA was authorized in April 1978 for a term of 30 years, and has been extended annually since 2008, and most recently in December 2010. A term of 25 years is proposed for the new agreement. As you know, negotiations with MCWA have been ongoing since 2007, in anticipation of the termination of the current agreement. After a thorough examination of the City’s water system and MCWA’s system, it was mutually agreed that a water exchange agreement between the two water systems is the best course of action at this time. The new agreement will establish an exchange rate per 1,000 gallons to be adjusted annually based on a weighted average for the typical residential customer. The weighting will take into consideration the total number of customers in the residential class at the time of the adjustment. For example, if such an adjustment had been made on January 1, 2011, the increase would result in a $0.01 increase. Also included in the new agreement are provisions to address the following issues:

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-116 (Int. No. 144) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Parks And Recreation Center Improvements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $40,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and LaBella Associates, P.C. for resident project representation services related to parks and recreation center improvements. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the projects for which the services were provided. Said amount shall be funded from the 2010-11 Cash Capital allocation. Section 2. immediately.

Page 131

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-117 Re: Authorizing an Agreement with the

● Shared Capital Costs: ○ MCWA will reimburse the City for 54% of the cost of bringing Rush Reservoir into compliance with the Environmental Protection Agency’s guidelines ○ The City will reimburse MCWA for 65% of the cost for replacement of valves on MCWA transmission line from the Shoremont Water Filtration Plant to Mt. Read Boulevard ● Maximum quantities of water each system can withdraw from the other ● Minimum and maximum flow rates ● Metering interconnections ● Guidelines regarding emergencies and droughts This agreement establishes advantageous use of water assets for the greater Rochester region, enabling the City and MCWA to focus on providing high quality water that allows for regional growth, ensures adherence to regulatory requirements and institutes system redundancies. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-117 (Int. No. 145) Authorizing A Water Exchange Agreement With The Monroe County Water Authority BE IT ORDAINED, by the Council of the City

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of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Monroe County Water Authority (“MCWA”) for the exchange of drinking water at an initial rate of $0.37 per 1,000 gallons, which rate may be adjusted annually on January 1 based on a weighted average for a typical residential customer. The MCWA shall reimburse the City for 54% of the cost of bringing Rush Reservoir into compliance with Environmental Protection Agency guidelines. The City shall reimburse the MCWA for 65% of the cost of replacement of valves on the MCWA transmission line from Shoremont to Mt. Read Boulevard. The agreement shall establish minimum and maximum flow rates and place limits on the amount of water each system can withdraw from the other. The agreement shall further provide for metering interconnections and establish guidelines for emergencies and droughts. The agreement shall extend for a term of 25 years. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. Introductory No. 15 was introduced January 25, 2011 and appears in its original form with its transmittal letter on page 22 of the current Council Proceedings Attachment No. AK-44 Ordinance No. 2011-118 (Int. No. 15) Approving A Change In The Traffic Flow Of Kirley Alley From Two-Way To One-Way Eastbound Passed unanimously. Councilmember Miller moved to amend Int. No. 126. The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott - 8. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen:

tion authorizing the care and embellishment of street malls during 2011-12 and appropriating the associated costs of $30,608 among the benefitted properties. Historically, the care and embellishment program provided for the maintenance of 24 street malls by either the Department of Recreation and Youth Services or street and neighborhood associations. The Department of Environmental Services assumed maintenance responsibility in 2009. Twelve malls were maintained by the department (formerly Group I) and 12 malls were maintained by street and neighborhood associations (formerly Group II). The apportioned costs among the benefitted properties for malls maintained by the department were on the basis of prorated personnel and equipment costs. The level of care for the remaining malls was determined by the neighborhood association, subject to approval of the adjacent property owners to pay any additional costs, and submitted budgets to the City annually. Evaluation of mowing services during 2010 established that costs for contractual services for the malls are negligible and consistent with levels of service citywide. The 12 malls that received departmental mowing services will now receive those services without the need for any embellishment charge, thereby abolishing Group I. The 12 malls that obtained mowing services independently were extended the free mowing offer from the City. Nine of these associations accepted the service and reduced their overall budgets for remaining maintenance accordingly. Two associations declined the mowing offer and their budgets continue to reflect a cost for independent mowing services. One of the associations has opted not to participate in the program during 2011-12. The former Group I category will be abolished; the remaining malls and associated budgets are: Arnold Park Hazelwood Terrace Highland Parkway Hillside Avenue Huntington Park Lafayette Park Lakeview Park Nunda Boulevard Oxford Street Rundel Park Sibley Place Total

Transmitted herewith for your approval is legisla-

719 882 770 1,000 2,800 1,761 9,000 2,965 7,434 800 2,477 $30,608

Charges are apportioned among the benefitted properties and will be included on the annual tax bill, payable in July. The department advances the necessary funds to the street associations. All maintenance will continue to be monitored by the department. A public hearing is required.

Local Improvement Ordinance No. 1634 Re: Care and Embellishment of Malls

$

Respectfully submitted, R. Carlos Carballada Acting Mayor

TUESDAY, APRIL 26, 2011

Page 133

Local Improvement Ordinance No. 1634 (Int. No. 126, As Amended) Local Improvement Ordinance - Care And Embellishment Of Street Malls For 2011 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. It is hereby determined that for 2011 the street malls on the following streets shall be maintained at least in accordance with minimal standards established by the Department of Environmental Services, in the following amounts: Arnold Park Hazelwood Terrace [Highland Parkway Hillside Avenue Huntington Park Lafayette Park [Lakeview Park Nunda Boulevard Oxford Street Rundel Park Sibley Place Total

$

719 882 770] 1,000 2,800 1,761 9,000] 2,965 7,434 800 2,477 $[30,608] 20,838

Section 2. The district of assessment for each street mall shall consist of all the parcels of property that front on the mall, or on any extension of the street or streets containing the mall up to the next intersecting street. The cost of maintenance of each street mall, in the amount set forth in Section 1, shall be apportioned among the parcels in the district based on each parcel’s footage along the street containing the mall. Section 3. Assessments for the cost of such improvements and work shall be due in one payment and shall be added to the tax rolls for the fiscal year commencing July 1, 2011. Section 4. The total cost of such improvements and work, estimated at $[30,608] 20,838, shall be charged as heretofore described in this ordinance and paid from the General Fund, and said amount, or so much thereof as may be necessary, is hereby appropriated for the aforesaid purpose.

Ladies and Gentlemen: Local Improvement Ordinance No. 1635 Re: Downtown Enhancement District 2011-12 Budget Transmitted herewith for your approval is legislation approving the 2011-12 Budget of the Downtown Enhancement District and authorizing the apportionment of the budget costs among the properties within the District. The District, established in 1989, and reauthorized regularly since then, provides an enhanced level of care and maintenance in the downtown area. The District includes all properties within the area between Church Street, Bragdon Place and Pleasant Street on the north, Chestnut Street on the east, Broad Street on the south, and Plymouth Avenue on the west; and all other properties within 1,600 feet of Main Street that were included in the original enclosed walkway system. An advisory committee, consisting of eleven representatives of property owners or tenants, oversees the administration of the program by City staff. The annual costs are restricted by a formula using the base year (1989-90) cost of $400,000 adjusted by the cumulative increase in the consumer price index (CPI) - unless otherwise approved by the advisory committee. The total cost is apportioned among the properties, based equally on assessed valuation and gross area of each property. In addition, costs to properties directly on Main Street are weighted at twice the factors of other properties. The maximum permissible budget for 2011-12 based upon CPI (82%) is $731,600. The recommended budget is $562,200, an increase of $4,700, due primarily to an increase in wages and materials.

Passed unanimously.

Category of Expense 2010-11 2011-12 Salaries and wages $394,700 $414,400 Employee benefits 149,000 148.800 Personnel services 543,700 563,200 Materials and supplies 64,900 66,600 Contractual services 56,300 57,400 Operational expenses 664,900 687,200 Contingency for wage increase 17,600 0 Less Operating revenues -55,000 -55,000 Required assessments 627,500 632,200 Use of fund balance -70,000 - 70,000 Total Budget $557,500 $562,200

TO THE COUNCIL

The Enhancement District Committee approved

Section 5. It is hereby determined that it is impracticable to have the work described herein done by competitive contract. Therefore, contracts for the work described herein may be awarded to such qualified persons or neighborhood associations as may be selected from those located in or adjacent to the aforementioned streets and areas. Section 6. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added.

Variance $19,700 - 200 19,500 1,700 1,100 22,300 -17,600 0 4,700 0 $ 4,700

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the proposed budget by a vote of 7-0 on January 20, 2011.

1429 1430

A public hearing on the assessment is required. 1421 Respectfully submitted, R. Carlos Carballada Acting Mayor

1422 1472

Local Improvement Ordinance No. 1635 (Int. No. 127) Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The cost of the special work and services for the 2011-12 fiscal year for the Downtown Enhancement District to be allocated and levied in accordance with Local Improvement Ordinance No. 1291, as continued by Local Improvement Ordinances No. 1355, 1444, 1531 and 1597, is established at $562,200, except that Zone 2 shall continue to include those properties which have been within the District as a result of their previously having enclosed walkway access to Main Street. Said amount, and the sum of $70,000 from the fund balance and $55,000 from operating revenues, or so much thereof as may be necessary, are hereby appropriated to fund the Downtown Enhancement District for the fiscal year. Section 2. This ordinance shall take effect on July 1, 2011. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Local Improvement Ordinance No. 1636 and Local Improvement Ordinance No. 1637 Re: Local Improvement Ordinance Special Assessment Districts Transmitted herewith for your approval is legislation establishing the 2011-12 budgets for 12 special assessment districts, ten of which provide for street lighting enhancements, and two for streetscape enhancements. The districts are as follows: LIO 1547 1502 1503 1413 1412

District 2011-12

2010-11

Wilson Boulevard $589.79 $507.37 Lyell Avenue I $2,445.72 $2,404.83 Lyell Avenue II $2,706.44 $2,628.58 Monroe I $1,497.98 $1,316.31 Monroe II $652.95 $573.79

Type Variance Street lighting $82.42 Street lighting $40.89 Street lighting $77.86 Street lighting $181.67 Street lighting $79.16

1552 1627

Cascade Historic $1,580.15 $1,525.22 Cascade Historic $6,500.00 $5,000.00 Norton Street URD $2,815.00 $2,815.00 Norton Street URD $1,421.79 $1,282.10 Lake Avenue $4,223.44 $3,738.98 St. Paul Street $551.70 $480.09 East Main Street $319.24 N/A

Street lighting $54.93 Streetscape $1,500.00 Streetscape 0 Street lighting $139.69 Street lighting $484.46 Street lighting $71.61 Street lighting N/A

The Wilson Boulevard district (1995, LIO No. 1374; 2005, LIO No. 1547) included the installation of six lighting fixtures. The capital cost of the enhancement was financed by the University of Rochester. The Lyell Avenue I district (1992, LIO No. 1340; 2002, LIO No. 1502) includes 72 properties along the portion of Lyell Avenue between State and Broad Streets and at the intersections of Lyell and Saratoga Avenues, Verona Street and Amber Place. The enhancements involved the replacement of 250-watt fixtures with 400-watt fixtures on 25 poles along the street. It also involved the replacement of 100/150-watt with 250-watt fixtures on four poles at the aforementioned intersections. The capital cost of the enhancement was financed with Community Development Block Grant (CDBG) funds. The Lyell Avenue II district (1998, LIO No. 1377; 2002, LIO No. 1503) includes 95 properties along the portion of Lyell Avenue between Broad and Hague Streets and at the intersections of Orchard and Whitney Streets. The enhancements involved the replacement of 250-watt fixtures with 400-watt fixtures on 29 poles along the street. It also involved the replacement of 100/150-watt fixtures with 250-watt fixtures on two poles at the intersections. The capital cost of the enhancement was financed with CDBG funds. The Monroe Avenue I district (1998, LIO No. 1413) includes 102 properties along the portion of Monroe Avenue between the Inner Loop and I490. The Monroe Avenue II district (1998, LIO No. 1412) includes 68 properties from Inner Loop to Culver Road. The districts provide for bronzecolored metal davit light poles, and pedestrianlevel lights attached to the back of the davit poles. The capital cost of the enhancements for both districts were financed with City funds. The Cascade Historic districts were established in 1999 and include 29 properties along Cascade Drive and North Washington Street from Main Street West to the north end. LIO No. 1429, which provides for the lighting enhancements, is based on the differential between maintenance and operation of a standard davit system and the post top ornamental system. LIO No. 1430, which provides for the streetscape enhancements, included a berm on the north side of Cascade Drive and decorative tree grates and planters. In

TUESDAY, APRIL 26, 2011 2001, special benches and a clock were also installed within the district. The cost of the enhancements was financed with federal funds. The Norton Street Urban Renewal special assessment districts were established in 1998 and include 9 properties along Excel Drive, from Norton and Bastian. The Street lighting assessment district, LIO No. 1422, provides for pedestrian level lighting fixtures on Excel Drive, the retention of acorn fixtures on the north side of Norton Street, and the annual energy and maintenance costs for the light fixtures. The streetscape assessment district (LIO No. 1421, extended by LIO No. 1619 in April 2010) provides for the maintenance of special sidewalk pavements, signage and landscaping. The capital cost of the enhancements was financed with City funds. The Lake Avenue district (2000, LIO No. 1472) includes 67 properties along Lake Avenue between Beach Avenue and Stutson Street. The enhancements consist of 26 post-top 100-watt lights and 25/100-watt pedestrian lights mounted on the roadway poles. The capital cost of the enhancements was financed with State funds. The St. Paul Street district (2005, LIO No. 1552) includes 26 properties along St. Paul Street between Bittner and Mortimer Streets. The enhancements consist of eleven pedestrian level arms and 100-watt lights mounted on the roadway poles. The first year of the assessment included the entire capital for the installation of the enhanced facilities in addition to the energy and maintenance of the lights. The East Main Street District, established in November 2010 (LIO No. 1627), includes 52 properties along the portion of East Main Street between Hall Street and Jersey Street. Enhancements consist of five decorative poles and 100watt fixtures. The district provides for the energy and maintenance of the lights; the capital cost of the enhancements was financed by a grant from the NYS Division of Housing and Community Renewal (Ordinance No. 2010-402). A public hearing on the assessments is required. Respectfully submitted, R. Carlos Carballada Acting Mayor

Page 135 maintenance of special assessment districts for street lighting enhancements during 2011-12: Street Lighting District Wilson Boulevard Lyell Avenue I Lyell Avenue II Monroe Avenue I Monroe Avenue II Cascade Historic Norton Street Urban Renewal Lake Avenue St. Paul Street East Main Street

Amount $ 589.79 2,445.72 2,706.44 1,497.98 652.95 1,580.15

LIO 1547 1502 1503 1413 1412 1429

1,421.79 4,223.44 551.70 319.24

1601 1472 1552 1627

Section 2. This ordinance shall take effect on July 1, 2011. Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, Miller, Palumbo, Scott - 6. Nays - Councilmembers McFadden, Ortiz - 2. Local Improvement Ordinance No. 1637 (Int. No. 129) Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following amounts are hereby established and the new assessments shall be allocated and levied against the benefited properties in accordance with the applicable local improvement ordinances for the operation and maintenance of special assessment districts for streetscape enhancements during 2011-12: Streetscape District Cascade Historic Norton Street Urban Renewal

New Amount $6,500 2,815

LIO 1430 1619

Section 2. This ordinance shall take effect on July 1, 2011. Passed unanimously.

Local Improvement Ordinance No. 1636 (Int. No. 128) Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following amounts are hereby established and the new assessments shall be allocated and levied against the benefited properties in accordance with the applicable local improvement ordinances for the operation and

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-119 Re: Official Map Amendment Abandonment, Grove Place Transmitted herewith for your approval is legislation amending the Official Map by authorizing the abandonment of a 1,595 square foot portion of Grove Place. The abandonment was referred to the necessary agencies for comment. The University of Rochester owns property adja-

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cent to the proposed abandonment, which is utilized for parking, loading access, and refuse removal by the University and adjacent property owner, the YMCA of Greater Rochester & Monroe County. The University will install a gate on the abandoned area, separating the site from the remaining portion of Grove Place to be retained by the City. The City Planning Commission, in its January 10, 2011, meeting recommended approval of this abandonment by a vote of 4-0-1 (abstention). Minutes of that meeting, along with the application, are attached. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the proposal is a Type II Action requiring no further environmental review. A public hearing is required.

a distance of 40.89 feet to a point, Thence, 4 - Southerly forming an angle of 90° 00' 00" in the southwest quadrant a distance of 40.89 feet to the point and place of beginning. Course 4 forms a closing angle of 90° 00' 00" with Course 1. Intending to describe the westerly 40.89 feet of Grove Place, which contains 1,595 sq. ft. to be abandoned, City of Rochester. Section 2. The abandonment authorized herein shall take effect upon compliance by the applicant with the provisions established by the City Planning Commission in its recommendations of January 10, 2011. Section 3. immediately.

This ordinance shall take effect

Passed by the following vote:

Respectfully submitted, R. Carlos Carballada Acting Mayor

Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo, Scott - 7.

Attachment No. AK-45 Ordinance No. 2011-119 (Int. No. 130)

Nays - None - 0. Councilmember Haag abstained.

Amending The Official Map By Abandonment Of A Portion Of Grove Place BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by changing and deleting therefrom the following described property, heretofore dedicated to street purposes and constituting a portion of Grove Place: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and is more particularly described as follows: Beginning at a point in the south right-ofway line of Grove Place, said point being westerly a distance of 62.33 feet from the intersection formed with the aforesaid rightof-way line and the west right-of-way line of Windsor Street.

By Councilmember McFadden April 26, 2011 To the Council: The Public Safety, Youth & Recreation Committee recommends for adoption the following entitled legislation: Int. No. 131 - Authorizing An Agreement For A Firefighters Grant Int. No. 132 - Authorizing An Agreement With The Town Of Brighton For Continuation Of Mutual Fire Assistance To West Brighton Int. No. 133 - Authorizing An Agreement With The County Of Monroe For The Companion Animal Sheltering Equipment (CASE) Project Int. No. 134 - Authorizing An Agreement With The County Of Monroe For Funding For Firearms Instruction And Approving An Agreement, As Amended

Thence, 1 - Westerly along south right-ofway line of Grove Place a distance of 40.89 feet to a point,

Int. No. 135 - Authorizing An Agreement With The City School District For The Joint Use And Maintenance Of Facilities

Thence, 2 - Northerly forming an angle of 90° 00' 00"in the northeast quadrant a distance of 39.00 feet to a point in the north right-of-way line of Grove Place,

Int. No. 150 - Establishing Maximum Compensation For A Professional Services Agreement For Emergency Telephone Notification Services

Thence, 3 - Easterly along the north rightof-way line of Grove Place forming an angle of 90° 00' 00" in the southeast quadrant

Respectfully submitted, Matt Haag Jacklyn Ortiz Elaine M. Spaull

TUESDAY, APRIL 26, 2011

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PUBLIC SAFETY, YOUTH & RECREATION COMMITTEE

Section 3. immediately.

Received, filed and published.

Passed unanimously.

TO THE COUNCIL Ladies and Gentlemen:

TO THE COUNCIL Ladies and Gentlemen:

Ordinance No. 2011-120 Re: Assistance to Firefighters Grant 2010

Ordinance No. 2011-121 Re: Agreement with West Brighton - Fire Service Mutual Assistance

Transmitted herewith for your approval is legislation authorizing an agreement with the Federal Emergency Management Agency for the receipt and use of a $252,020 grant under the Department of Homeland Security Assistance to Firefighters Grant (AFG) Program. These funds, and the required 20% match of $63,005, will be included in the proposed 2011-12 Budget.

Transmitted herewith for your approval is legislation authorizing an agreement between the Town of Brighton and the Rochester Fire Department (RFD) for the provision of limited mutual assistance to the West Brighton Fire Protection District. The Town of Brighton will pay a fee of $125,000 for this one-year agreement.

The AFG program provides funding to Fire Departments for increased effectiveness of operations, new apparatus, health and safety programs, emergency medical service programs, and fire prevention and safety programs. Through this grant, the Rochester Fire Department will be used for the following purposes:

Since 2002 (Ordinance No. 2002-306), the RFD has provided six firefighters and apparatus for all calls classified as possible structure fire assignments, and at least four firefighters and apparatus for all automatic fire alarms at 15 specified addresses on East River Road, East Henrietta Road, and Corporate Woods in the Town of Brighton

● Self Rescue Bail Out Rope Systems $170,775 ● Training - $74,250 ● Fire House Generators - $70,000

Information gathered from the Emergency Communications Department indicates that the RFD could expect to be dispatched to approximately 90 of these types of calls per year. The RFD will respond to the types of calls described listed above when requested through the Monroe County Mutual Aid Plan.

The New York State Department of Labor regulations require the RFD to equip firefighters with self rescue rope systems and to provide training in use of the equipment. The rope systems are used by firefighters to escape from burning structures when they are trapped above the ground floor. The grant will also be used to cover some of the cost of the purchase and installation of two backup generators. Six of 15 fire houses have had generators installed within the past 10 years. Back-up generators provide emergency power in the event of a loss of normal utility provided power.

This ordinance shall take effect

The proposed agreement will have a term of one year with a fee of $125,000. An agreement for these services was first authorized in 2002. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-121 (Int. No. 132) Authorizing An Agreement With The Town Of Brighton For Continuation Of Mutual Fire Assistance To West Brighton

Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-120 (Int. No. 131) Authorizing An Agreement For A Firefighters Grant BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Town of Brighton whereby the Rochester Fire Department will continue to provide mutual assistance to the West Brighton Fire Protection District on structural fire calls and automatic alarms from specified addresses through 2011.

Section 1. The Mayor is hereby authorized to enter into an agreement with the Federal Emergency Management Agency for funding under the 2010 Assistance to Firefighters Grant Program.

Section 2. The agreement shall obligate the Town of Brighton to pay to the City the sum of $125,000.

Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Page 138 Section 4. immediately.

TUESDAY, APRIL 26, 2011 This ordinance shall take effect

Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Passed unanimously. Section 3. immediately.

TO THE COUNCIL Ladies and Gentlemen:

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-122 Re: Agreement - Monroe County/Companion Animal Sheltering Equipment Project Transmitted herewith for your approval is legislation authorizing an agreement with Monroe County for the City’s participation in the Companion Animal Sheltering Equipment (CASE) project. Through this program, Monroe County is eligible to receive federal FY2010 State Homeland Security Program funding made available by the New York State Department of Homeland Security (DHS), to develop mobile regional equipment caches to provide temporary emergency sheltering for pets and companion animals during emergencies and disasters. Federal law requires that state and local emergency plans take into account the needs of individuals with household pets and service animals before, during, and after an emergency. New York State uses the nationally recognized County Animal Response Team model to develop and promote animal response capabilities across the state. The local effort will be administered by the Monroe County Office of Emergency Management. The Homeland Security funds will support the purchase and stocking of a trailer that will provide temporary shelter for animals in the event of an emergency or disaster. The trailer, one of several statewide, will be made available to any regional shelter to use in response to State emergencies. The agreement covers the terms and conditions of use of the trailer by the Rochester Police Department’s Animal Services staff. No City funds are required at this time; participating agencies would be expected to replace any items used. This is the first time the City has participated in this program. Respectfully submitted, R. Carlos Carballada Acting Mayor

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-123 Re: Agreement - Monroe County/Firearms Instruction Transmitted herewith for your approval is legislation authorizing an agreement with Monroe County for the receipt and use of funding in the amount of $55,675 for 2010-11 Firearms Instruction Program. The Monroe County Legislature authorized this agreement on March 8, 2011. The County provides reimbursement for a portion of the salary and benefits of firearms instructors to train officers in Monroe County police agencies. The instruction is provided by RPD officers. No budget amendment is needed, as the positions were included in the 2010-11 Budget of the Police Department. The previous agreement for $85,513, authorized in August 2009 (Ord. No. 2009-286), provided funding for an eighteenmonth period, January 1, 2009 through June 30, 2010. This agreement will cover the one-year period of July 1, 2010 - June 30, 2011. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-123 (Int. No. 134, As Amended) Authorizing An Agreement With The County Of Monroe For Funding For Firearms Instruction And Approving An Agreement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for reimbursement for the 2010-11 Firearms Instruction Program.

Ordinance No. 2011-122 (Int. No. 133) Authorizing An Agreement With The County Of Monroe For The Companion Animal Sheltering Equipment (CASE) Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for participation in the Companion Animal Sheltering Equipment (CASE) Project.

Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. The sum of $20,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and The Rochester Police Department Police Athletic/Activity League, Inc. to provide positive role models and community-based sports and educational programs for youth. Said amount shall be funded from the 2010-11 Budget of the Rochester

TUESDAY, APRIL 26, 2011 Police Department. Section 4. immediately.

This ordinance shall take effect

Page 139 In addition, the agreement will specify the hourly fees to be paid by the District for use of the recreation facilities. These fees are consistent with the fees charged by the District for use of its facilities.

Underlined material added. Passed unanimously. Councilmember McFadden moved to return Int. No. 135 to Committee. The motion was seconded by Councilmember Miller

The agreement will have an initial term of three years with provision for renewal for an additional two renewal periods of three years each. Respectfully submitted, R. Carlos Carballada Acting Mayor Introductory No. 135

The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott - 8.

AUTHORIZING AN AGREEMENT WITH THE CITY SCHOOL DISTRICT FOR THE JOINT USE AND MAINTENANCE OF FACILITIES

Nays - None - 0.

BE IT ORDAINED, by the Council of the City of Rochester as follows:

TO THE COUNCIL Ladies and Gentlemen: Introductory No. 135 Re: Agreements - Joint Facility Use Transmitted herewith for your approval is legislation authorizing an agreement with the City School District for joint use and maintenance of the following facilities: ● Adams Street Community Center/Nathaniel Rochester Community School ● Flint Street Community Center/School No. 19 ● South Avenue Community Center/School No. 12

Section 1. The Mayor is hereby authorized to enter into an agreement with the City School District for the joint use and maintenance of the Flint Street Community Center/School No. 19, South Avenue Community Center/School No. 12, and the Adams Street Community Center/Nathaniel Rochester Community School. The agreement shall extend for a term of three years, with an option for renewal for two additional terms of three years upon mutual consent. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

Held in Committee. These facilities were constructed in 1971 (Flint and South) and 1972 (Adams) for joint or shared use by the City and City School District, and agreements providing for such use were executed in 1971 and 1972. Various amendatory agreements were subsequently executed. The most recent consolidated agreement was authorized through Ordinance No. 2005-268, and expires on June 30, 2011. The agreement will continue to specify the rights and responsibilities of each party for each of the following: ● Hourly space utilization ● Supervision responsibilities ● Maintenance and custodial responsibilities ● Equipment use, repair and replacement ● Sharing of utility costs ● Liability and indemnification responsibilities

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-124 Re: Agreement - Sam Asher Computing Services, Inc. (d/b/a Asher Group), Emergency Telephone Information Notification System Transmitted herewith for your approval is legislation establishing $50,000 as maximum annual compensation for an agreement with Sam Asher Computing Services, Inc. d/b/a Asher Group (Rochester 14618) for emergency telephone information notification system services for the Emergency Communications Department. The cost of this agreement will be financed from the 2010-11 and subsequent annual budgets of the Emergency Communications Department (ECD), contingent upon their approval. The term of the agreement will be for one year (June 1, 2011 May 31, 2012) with the option for two one-year renewals.

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TUESDAY, APRIL 26, 2011 - TUESDAY, MAY 24, 2011

The emergency telephone information notification service enables ECD to assist law enforcement, fire, and EMS agencies by quickly providing warnings and emergency instructions to large groups of people in the immediate area of a critical incident via the telephone. The system will make up to three attempts to reach each telephone number within the selected group, and will leave messages on answering machines. Calling campaigns will include both listed and unlisted telephone numbers, and both residential and business telephone numbers. Requests for Proposals were mailed to 53 potential vendors. Proposals were received from six firms, including: Intrado Inc., Colorado; Everbridge, California; SWN Communications Inc., New York City; Dialogic Communications, Florida; Emergency Communications Network, Florida; and Sam Asher Computing Services, Inc. Asher Group offered the most compliant and the least expensive proposal for the services requested. The cost of this agreement will be reimbursed by Monroe County under the 9-1-1 Operating Agreement. Respectfully submitted, R. Carlos Carballada Acting Mayor Ordinance No. 2011-124 (Int. No. 150)

REGULAR MEETING MAY 24, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9 Absent - None - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Environmental Services *Eugene J. Lupinetti Finance Department *Raymond A. Grosswirth Police Department *Jose M. Nobrega *Mark A. Scipioni *Did not attend meeting. APPROVAL OF THE MINUTES By Councilmember Haag RESOLVED, that the minutes of the Special Meeting of April 14, 2011 and the Regular Meeting of April 26, 2011 be approved as published in the official sheets of the Proceedings. Passed unanimously.

Establishing Maximum Compensation For A Professional Services Agreement For Emergency Telephone Notification Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the annual compensation to be paid for a professional services agreement between the City and Sam Asher Computing Services, Inc., d/b/a the Asher Group, for emergency telephone information notification system services for the 911 Emergency Communications Center for a term of one year, with two additional one-year renewal options. Said amount shall be funded from the 2010-11 and subsequent Budgets of the Emergency Communications Department, contingent upon adoption of subsequent budgets. Section 2. immediately.

COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS. The following communications are hereby directed to be received and filed: The Mayor submits the following: Administrative Cancellation or Refund of Erroneous Taxes and Charges 404811, 4049-11 Quarterly Reports 4050-11 Claims Reports Delinquent Receivables PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. Petition requesting that the recreation centers not be closed, 16 signatures. Petition No. 1650

This ordinance shall take effect

Passed unanimously. The meeting was adjourned at 9:29 p.m. DANIEL B. KARIN City Clerk *****

Petition requesting that the Charlotte Branch Library not be closed, 102 signatures. Petition No. 1651 Petition in support of the development of 399 Gregory Street as public parking and green space, 104 signatures. Petition No. 1652 Petition requesting that the Lyell Avenue Firehouse not be closed, 298 signatures. Petition No. 1653

TUESDAY, MAY 24, 2011 Petition requesting that the Highland Branch Library not be closed, 246 signatures. Petition No. 1654 Petition requesting that the Winton Branch Library not be closed, 2,235 signatures. Petition No. 1655 PUBLIC HEARINGS.

Page 141 The Finance Committee recommends for adoption the following entitled legislation: Int. No. 153 - Cancellation Of Taxes And Charges Int. No. 154 - Local Law Amending The City Charter With Respect To The Assignment Of Fund Balances

Pursuant to law public hearing will now be had on the following matter:

Int. No. 155 - Establishing Maximum Compensation For A Professional Services Agreement For The Riverside Festival Site Management

Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas Int. No. 162 No speakers.

Int. No. 156 - Establishing Maximum Compensation For A Professional Services Agreement For A Document Management Software System

Changing The Zoning Classification Of 419 And 427 Latta Road From R-1 Low Density Residential To R-3 High Density Residential Int. No. 167 No speakers. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To The South Avenue/Alexander Street Open Space District Int. No. 175 No speakers.

Int. No. 158 - Authorizing A Professional Services Agreement For Medical Services For Civilian Employees Int. No. 159 - Establishing Maximum Compensation For A Professional Services Agreement For Actuarial Services Int. No. 160 - Authorizing An Amendatory Lease Agreement For The Lease Of Municipal Lot #18

Approving Changes In The Pavement Width Of Driving Park Avenue In The Vicinity Of Ramona Street Int. No. 178 No speakers.

Int. No. 161 - Approving Apportionment Of Taxes And Charges

Approving Changes In The Pavement Width Of The South Avenue Extension From Woodbury Boulevard To Its Dead End Int. No. 179 No speakers.

Int. No. 163 - Establishing Maximum Compensation For A Professional Services Agreement With General Code Publishers For Publication Of The City Charter And Code

Amending The Official Map By Abandonment Of A Portion Of West Broad Street And Authorizing Its Sale Int. No. 180 No speakers.

Int. No. 188 - Local Law Extending The Time For Adoption Of The 2011-12 Budget

Approving An Increase In The Pavement Width Of Akron Street From Atlantic Avenue To East Main Street Int. No. 181 1 speaker Sharon McGovern. Approving A Decrease In The Pavement Width Of Keller Street At Garnet Street Int. No. 182 No speakers Granting An Easement And Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Jefferson Avenue Int. No. 196 No speakers Changing The Traffic Flow On East Broad Street From Broadway To Chestnut Street From One-Way Westbound To Two-Way Int. No. 210 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin May 24, 2011 To the Council:

Int. No. 190 - Determining And Certifying Base Proportions, Current Percentages, And Base Percentages For The 2011 Assessment Roll Int. No. 191 - Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2011 Assessment Roll Int. No. 198 - Amending the 2010-11 Budget For Parking At Durand Eastman Beach Int. No. 199 - Amending Chapter 111 Of The Municipal Code, Traffic Ordinance, With Respect To Parking Stations At Durand Eastman Beach Int. No. 211 - Local Law Amending The City Charter With Respect To Council District Boundaries Int. No. 212 - Establishing Maximum Compensation For A Professional Services Agreement With WXXI Public Broadcasting Council For Broadcast Of City Council Meetings The Finance Committee recommends for consideration the following entitled legislation:

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TUESDAY, MAY 24, 2011

Int. No. 162 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas The following entitled legislation is being held in Committee: Int. No. 157 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For State Lobbying Services Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Loretta C. Scott Elaine M. Spaull FINANCE COMMITTEE

S.B.L.# Class Address

TO THE COUNCIL Ladies and Gentlemen:

Amount Canceled

121.56-2-1 N/H 2010 500 South Avenue

$1,358.03

Grand Total

$1,358.03

Section 3. immediately.

Ordinance No. 2011-125 Re: Cancellation or Refund of Erroneous Taxes and Charges Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $1,358.03. The subject property at 500 South Avenue is located within the South Avenue/Alexander Open Space District. The budget of $6,500 for the South Avenue/Alexander Open Space District normally levied annually was funded from unused previous assessments. The budgeted amount was erroneously levied on the 2010-11 tax bill for the district. If these cancellations are approved, total cancellations thus far for 2010-11 will be as follows: Accounts 40 252 292

Tax Year

Section 2. If full or partial payment of the aforesaid taxes and charges has been made and received, the City Treasurer is hereby authorized and directed to remit to the owner of the parcel the amount of said payment without interest.

Received, filed and published

City Council Administrative Total

(A) The budget of $6,500.00 for the South Avenue/Alexander Open Space District normally levied annually was funded from unused previous assessments. The budgeted amount was erroneously levied on the 2010-11 tax bill for the district.

Amounts $124,447.18 81,009.46 $205,456.64

These cancellations represent 0.088% of the taxes receivable as of July 1, 2010. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-46 Ordinance No. 2011-125 (Int. No. 153)

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Local Law No. 3 Re: Authorization for Director of Finance To “Assign” Fund Balance Transmitted herewith for your approval is legislation authorizing the Director of Finance to “Assign” fund balance in all funds in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, issued in February 2009, and effective for the City’s financial statements for the fiscal year ending June 30, 2011. According to the Statement, “Amounts that are constrained by the government’s intent to be used for specific purposes, but are neither restricted nor committed, should be reported as assigned fund balance… Intent should be expressed by (a) the governing body itself or (b) a body (a budget or finance committee, for example) or official to which the governing body has delegated the authority to assign amounts to be used for specific purposes.” The objective is to enhance the usefulness of fund balance information by providing clearer classifications and by clarifying the existing definitions of governmental fund types. The Statement establishes a hierarchy of fund balance classifications based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the funds.

Cancellation Of Taxes And Charges BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City Treasurer is authorized to cancel the following taxes and charges.

The initial distinction that is made in reporting fund balance information is identifying amounts that are considered nonspendable, such as fund balance associated with inventories. The Statement also provides for additional classification as restricted, committed, assigned, and unassigned based on the relative strength of the constraints

TUESDAY, MAY 24, 2011

Page 143

that control how specific amounts can be spent. The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decisionmaking authority. Amounts in the assigned fund balance classification are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed. In governmental funds other than the general fund, assigned fund balance represents the remaining amount that is not restricted or committed. Unassigned fund balance is the residual classification for the government’s general fund and includes all spendable amounts not contained in the other classifications. In other funds, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted, committed, or assigned. Governments are required to disclose information about the processes through which constraints are imposed on amounts in the committed and assigned classifications. Respectfully submitted, Thomas S. Richards Mayor Local Law No. 3 (Int. No. 154) Local Law Amending The City Charter With Respect To The Assignment Of Fund Balances BE IT ENACTED, by the Council of the City of Rochester as follows: Section 1. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by amending Section 6-15, Expenditures pursuant to appropriations or authorizations, to read in its entirety as follows: § 6-15. Expenditures pursuant to appropriations or authorizations. No money shall be drawn from the treasury of the City except pursuant to appropriation or authorization made by the Council, and whenever appropriations or authorizations are so made, the City Clerk shall forthwith give notice thereof to the Director of Finance and Budget Director. The Director of Finance is authorized to assign amounts to be used for specific purposes. At the close of each fiscal year, the unassigned balance of each appropriation, except an appropriation made for a

stores fund or a capital fund or a trust fund, contained in the annual appropriation ordinance or legally added thereto shall revert to the fund from which it was appropriated and shall be subject to future appropriation from such fund. An appropriation from a capital fund or a trust fund shall continue in force until the purposes for which it was made shall have been accomplished or abandoned. Section 2. immediately.

This local law shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-126 Re: Agreement - SMG, Festival Site Management Transmitted herewith for your approval is legislation establishing $23,800 as maximum compensation for an agreement with SMG/Blue Cross Arena (Jeff Calkins, Manager), for management and promotion of the Riverside Festival Site. The cost of this agreement will be funded from the 2011-12 Budget of the Bureau of Communications ($17,800) and the Rochester Events Network Trust Fund ($6,000). This site is a City-owned parking lot located at the corner of Court Street and Exchange Boulevard. Services related to this agreement include management of the site for the 2011 summer season, including reservation and promoter management, barricade set up, provision of two office and talent trailers, displacement of parking on event days, and box office services for ten Cityproduced Party in the Park concert events. Box office services will cost a maximum of $600 per each of ten events ($6,000). Party in the Park concert events will take place on ten consecutive Thursday evenings beginning June 16, 2010. A fee of $2 is planned to be charged all attendees over the age of 12. This new revenue will help offset operating expenses for this event series. A similar agreement with SMG was authorized by Ord. No. 2010-178 in June 2010. The additional cost of $6,000 for the 2011 agreement is to pay for box office services during Party in the Park events. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-47 Ordinance No. 2011-126 (Int. No. 155) Establishing Maximum Compensation For A Professional Services Agreement For The Riverside Festival Site Management BE IT ORDAINED, by the Council of the City

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TUESDAY, MAY 24, 2011

of Rochester as follows: Section 1. The sum of $23,800, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and SMG for the management and promotion of the Riverside Festival Site. Of said amount, $17,800 shall be funded from the 2011-12 Budget of the Bureau of Communications, contingent upon adoption of said budget, and $6,000 is hereby appropriated from the Rochester Events Network Fund. Section 2. immediately.

This ordinance shall take effect

system and provide technical support for one year. Said amount shall be funded from the 200910 Cash Capital allocation. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-128 Re: Agreement - Concentra Health Centers of NY, P.A., Medical Services For Non-Uniformed Employees

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-127 Re: Agreement - ExtraDev, Inc., Document Management System Transmitted herewith for your approval is legislation establishing $27,000 as maximum compensation for an agreement with ExtraDev, Inc., Rochester 14623, for document management software and related technical support services. The cost of this agreement will be funded from the 200910 Cash Capital allocation for the Information Technology Department. In 2008, the Department of Neighborhood and Business Development implemented a document management system developed by ExtraDev and paid for with by a New York State Education Department grant for reducing the department’s reliance on paper records (Ordinance No. 200887). The proposed agreement will allow the system to be expanded to include the Municipal Code and Parking Violations Bureau and the Department of Environmental Services. ExtraDev was selected because they designed and developed the original system. This agreement will be for a term of one year.

Transmitted herewith for your approval is legislation authorizing a three-year agreement with Concentra Health Centers of NY, P.A. to provide medical services for non-uniformed City employees. The cost of the agreement will be funded from the annual Budgets For Undistributed Funds beginning with 2011-12. Costs are based on a fee-for-service schedule determined by the New York State Workers’ Compensation Board. The agreement shall also provide additional special services as specified in the attached document. A request for proposal was mailed to five targeted vendors and posted on the City’s website. Proposals were received from three vendors: Strong Occupational and Environmental Services, Concentra Health Centers of NY, P.A.; and Boris Shmigel, M.D. A review committee, with representatives from the Bureau of Human Resource Management, Department of Environmental Services, and POMCO, the City’s Third Party Administrator (TPA) for workers’ compensation, unanimously agreed on Concentra based on cost and their ability to meet the City’s needs. Concentra’s centrally located clinic will reduce emergency room visits and their system for processing reports will enable timely payments to employees. Concentra Health Centers of NY, P.A. will provide the following services:

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-127 (Int. No. 156) Establishing Maximum Compensation For A Professional Services Agreement For A Document Management Software System BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $27,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement with ExtraDev, Inc. to expand the Department of Neighborhood and Business Development document management software

● Evaluations of applicants for City positions to ensure they are physically capable of performing the duties of the jobs for which they are being considered; ● Evaluations of current City non-uniformed employees to ensure they are physically capable of performing their job duties; ● Medical examinations and occupational medical consultations as needed; and ● Drug and alcohol screening testing. This agreement will provide the option for two one-year renewals.

TUESDAY, MAY 24, 2011

Inc., GA; Actuarial Risk Consultants LLC, Tinton Falls, NY; AMI Risk Consultants, Inc., FL; By the Numbers Actuarial Consulting, Inc., TN; and Oliver Wyman Actuarial Consulting, Inc., Melville, NY.

Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-48 Ordinance No. 2011-128 (Int. No. 158) Authorizing A Professional Services Agreement For Medical Services For Civilian Employees BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is authorized to enter into an agreement with Concentra Health Services of NY, P.A. for medical services for civilian City employees for a term not to exceed three years, with an option to renew for two additional oneyear periods. The agreement shall provide for all regular medical services and for additional special services, the fees for which may be established in the agreement and which shall not exceed funds available in the annual budgets for Undistributed Expense for this purpose. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

Page 145

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-129 Re: Workers’ Compensation Actuarial Consultant Transmitted herewith for your approval is legislation establishing $3,500 as maximum annual compensation for a five-year agreement with Madison Consulting Group, Inc., Madison, Georgia, for actuarial services related to the City’s liability for workers’ compensation. Total compensation for this five-year agreement would be a total of $17,500. The cost will be funded from the annual budgets of the Finance Department, beginning with fiscal year 2010-11. The City auditor, Freed Maxick & Battaglia, PC, Certified Public Accountants, has recommended that the City enlist the services of a qualified actuary to assist in the estimation process for the liability of workers’ compensation claims. Actuarial-based estimates would reduce the risk of misstatement of such liabilities in the City’s annual financial statements and would be an improvement over the currently used in-house estimates that are based on historical cost. Six actuarial firms responded to the City’s request for proposals. In addition to Madison Consulting Group, they were: Pinnacle Actuarial Resources,

The proposal submitted by Madison Consulting, which serves clients throughout the country, including Rochester, best demonstrated the ability to produce the desired reports and analysis. They also provided the least costly proposal. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-129 (Int. No. 159) Establishing Maximum Compensation For A Professional Services Agreement For Actuarial Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $3,500, or so much thereof as may be necessary, is hereby established as the annual compensation to be paid for a professional services agreement with the Madison Consulting Group, Inc. for actuarial services related to the City’s workers compensation liability, for a term not to exceed five years. Said amounts shall be funded from the 2010-11 and subsequent Budgets of the Department of Finance, contingent upon adoption of subsequent budgets. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-130 Re: Amendatory Lease Agreement Municipal Lot 18 Transmitted herewith for your approval is legislation authorizing an amendment to a lease agreement for Municipal Lot 18 to reflect the new owner of the adjacent building at 316-350 East Main Street, and to reduce the lease amount. Municipal Lot 18, located at 61 North Chestnut Street, has been leased to the Farash Corporation since 1995 to meet the parking needs of tenants for the building at 316-350 East Main Street, formerly known as the First Federal Building. That lease was most recently renewed for a fiveyear period in October 2010 (Ordinance No. 2010-350). As part of the Farash Corporation’s reorganization, ownership of this property was transferred to Chestnut Square LLC. Upon assuming ownership, Chestnut Square LLC requested a review of the lease for the lot. An

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TUESDAY, MAY 24, 2011

independent appraisal conducted by Midland Appraisal Associates, Inc. on February 10, 2011, determined that $1,200 is an appropriate monthly lease amount for the parcel.

Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-50

All other terms and conditions for the lease will remain the same.

Ordinance No. 2011-131 (Int. No. 161)

Respectfully submitted, Thomas S. Richards Mayor

Approving Apportionment Of Taxes And Charges

Attachment No. AK-49

BE IT ORDAINED, by the Council of the City of Rochester as follows: Ordinance No. 2011-130 (Int. No. 160)

Authorizing An Amendatory Lease Agreement For The Lease Of Municipal Lot #18 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an amendatory lease agreement with Chestnut Square LLC for the continued lease of Municipal Lot #18 at 61 North Chestnut Street for parking for the tenants of 316-350 East Main Street, whereby the annual rent shall be reduced from $18,000 to $14,400, payable in equal monthly amounts of $1,200. Section 2. The lease agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-131 Re: Apportionment of Taxes and Charges Transmitted herewith for your approval is legislation authorizing the apportionment of taxes and charges for 16 properties. This apportionment has been certified by the Assessor and is authorized by Section 6-78 of the City Charter. The apportionment consists of City and School taxes and special district charges on properties subdivided or combined in 2010-11. These taxes and charges, which total $67,113.58, will be added to the new accounts established by the subdivisions or combinations of the former accounts. If the proposed apportionment is approved, the taxes and charges will be added to the July 2011 tax bills of the new accounts. Owners of the subdivided or combined properties will be notified in writing of the potential charges in May 2011.

Section 1. The Council hereby approves the apportionment of taxes and charges upon various parcels of land as certified by the Assessor of the City of Rochester pursuant to Section 6-78 of the Charter of the City of Rochester on April 13, 2011, in accordance with the list which is on file in the Office of the City Clerk. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-132 Re: Publication of the City Charter and Code Transmitted herewith for your approval is legislation establishing maximum compensation of $58,290 for a three-year professional services agreement with General Code, LLC for maintenance and publication of the City Charter and Code in both paper and electronic versions. This reflects a reduction of $7,050 compared to the most recent three-year agreement; the reduction was proposed by General Code to demonstrate their recognition of the City’s current fiscal problems. The cost of the proposed agreement will be funded from the 2011-12 and future budgets of the City Council/City Clerk ($56,775) and the Department of Neighborhood and Business Development ($1,515). The proposed agreement will provide for continued maintenance of the Charter and Code through the preparation of new sections and amendments as approved by the City Council and signed into law by the Mayor, including both the paper and electronic versions of these volumes. As part of this agreement, General Code will continue to work with the City’s Law Department to ensure that both the electronic and paper versions of the City Charter and Code accurately reflect laws as adopted. The proposed agreement also provides for a continuation of the City’s Code and Charter to be maintained on the Internet. The Internet version includes jump-links that connect web users to related City documents, such as the Comprehensive Plan.

TUESDAY, MAY 24, 2011 The agreement has a provision for the publication of pamphlets, containing reprints of specified sections of the Code, for individual departments and bureaus, the cost to be borne by the offices requesting such pamphlets. In addition, the agreement provides for the printing and delivery to the City, on a quarterly basis, of all revisions to the Charter and Code. Respectfully submitted, Lovely A. Warren Carolee A. Conklin President Chair, Finance Committee Ordinance No. 2011-132 (Int. No. 163) Establishing Maximum Compensation For A Professional Services Agreement With General Code, LLC For Publication Of The City Charter And Code BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $58,290 is hereby established as the compensation to be paid for a professional services agreement with General Code, LLC to publish the City Charter and Code and to provide for continued maintenance of the Charter and Code in paper and electronic versions. The agreement shall extend through June 30, 2014. Of said amount, $18,925 shall be funded each year from the 2011-12, 2012-13 and 2013-14 Budgets of the City Council/City Clerk for supplementation services and licensing of PC Codebook and E-Code, and $505 shall be funded each year from the 2011-12, 2012-13 and 201314 Budgets of the Department of Neighborhood and Business Development for continued maintenance of the 1975 E-code, for Codebook CD, and for jump-link maintenance, contingent upon adoption of future budgets. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Local Law No. 4 Re: Local Law - Extending the Adoption Date of the 2011-12 Budget Transmitted herewith for your approval is legislation which will extend the date for the adoption of the 2011-12 Budget for the City of Rochester and the Rochester City School District for this year only. The date that the Budgets will need to be approved by, with the passing of this legislation, will be June 21, 2011, which is the date of the June Council Meeting. This is in place of the June 20th date as stated in the City Charter. Essentially, this legislation will extend the date of adoption by one day.

Page 147 Respectfully submitted, Lovely A. Warren President, Rochester City Council Local Law No. 4 (Int. No. 188) Local Law Extending The Time For Adoption Of The 2011-12 Budget BE IT ENACTED, by the Council of the City of Rochester as follows: Section 1. Notwithstanding the provisions of Section 3-9 of the Charter of the City of Rochester, the Council shall adopt the budget estimates of the Mayor and the Board of Education for fiscal year 2011-12 as submitted, or as amended, and pass an appropriation ordinance, on or before June 21, 2011. All other provisions of Section 39 relating to submission and adoption of the 2011-12 budget estimates shall remain in full force and effect. Section 2. immediately.

This local law shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-133 and Ordinance No. 2011-134 Re: Tax Apportionment Assessment Classes Transmitted herewith for your approval is legislation certifying certain calculations relating to the apportionment of property taxes between the homestead and non-homestead assessment classifications. Such certification is required by Article 19 of the New York State Real Property Tax Law. The certification involves determination of the “base proportion.” In general, the base proportion for each class represents the share of the property tax levy to be allocated to that class. This determination process involves two computations. The first is the calculation of the current base proportions using 1989 and 2010 data. The second is the calculation of the adjusted base proportions using 2010 and 2011 data. Both calculations are attached. The current base proportions, as calculated by the formula specified by Article l9, are as follows: Homestead Non-Homestead Total

.4196495 .5803505 1.0000000

In comparison, the new adjusted base proportions are as follows: Homestead Non-Homestead Total

.4192487 .5807513 1.0000000

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TUESDAY, MAY 24, 2011

The new proportions result in the following shifts in the share of the tax levy allocated in each class:

assessment roll as follows: Homestead Class

Homestead: Non-Homestead:

+0.8 -0.6

These calculations have been reviewed by the New York State Office of Real Property Services. The actual tax burden is also determined by the tax levy and final assessment changes. These figures will be detailed in the proposed budget to be released on May 20, 2011. Respectfully submitted, Thomas S. Richards Mayor

Ordinance No. 2011-133 (Int. No. 190) Determining and Certifying Base Proportions, Current Percentages, And Base Percentages For The 2011 Assessment Roll BE IT ORDAINED, by the Council of the City of Rochester, as follows: Section 1. Under Section 1903 of the Real Property Tax Law, the Council determines the current base proportions, current percentages, and base percentages for the City’s 2011 assessment roll as follows: Non-Homestead Class

Current base proportions 41.96495% 58.03505% Current percentage 60.40020% 39.59980% Base percentage 52.03550% 47.96450% Section 2. The City Clerk is hereby directed to certify the figures set forth above to the State Board of Equalization and Assessment. Section 3. immediately.

Taxable assessed value 3,460,812,261

.5807513 2,268,176,003

Net change in assessed value from 2010 resulting from physical and quantity changes +11,112,000 +39,641,600 Net change in assessed value from 2010 resulting from other than physical and quantity changes -5,769,000 -9,495,100

Attachment No. AK-51

Homestead Class

Adjusted base proportion .4192487

Non-Homestead Class

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-134 (Int. No. 191) Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2011 Assessment Roll BE IT ORDAINED, by the Council of the City of Rochester, as follows: Section 1. Under Section 1903 of the Real Property Tax Law, the Council determines the adjusted base proportions, assessed value, and net change in assessed value for the City’s 2011

Section 2. The City Clerk is hereby directed to certify the figures set forth above to the State Board of Real Property Services. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-135 and Ordinance No. 2011-136 Re: 2010-11 Budget and Municipal Code Amendments - Parking Paystations for Durand Eastman Beach Transmitted herewith for your approval is legislation amending the 2010-11 Budget by transferring $60,000 from Contingency to Cash Capital (Effectiveness and Efficiency) to fund the purchase of six CALE parking paystations to be installed at Durand Eastman Beach; and amending Article III (Parking Stations) of the Municipal Code to include Durand Eastman Beach and authorizing the Parking Director to establish a set fee of $3 for parking at the Beach. The paystations will be the same equipment initially purchased by the City and installed in April 2010. There are now 95 paystations citywide that have replaced single space parking meters; customer feedback has been positive, and the equipment has operated exceptionally well. As one of many tactics to deal with the budget deficit facing the City for 2011-12, it is proposed that these additional machines be installed at the beach. A daily fee of $3 will be collected for parking in Lots A and B, providing revenue to partially support operation and maintenance of the swimming and parking areas. Paid parking will be in effect daily from 8 am-8 pm from June 1 to October 1. There are currently 403 available parking spaces at Durand Eastman

TUESDAY, MAY 24, 2011 Beach on Lots A and B, which are nearest the swimming area. Parking for the 60 spaces in Lots C and D, farther east of the swimming area, will continue to be free. The annual cost to operate and maintain the beach is $207,300. Parking revenue is estimated at between $120,000 to $180,000.

Page 149 in parking stations where the Parking Director does not establish a set fee: Section 4. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Respectfully submitted, Thomas S. Richards Mayor

Local Law No. 5 Re: Charter Amendment - Redistricting

Attachment No. AK-52 Ordinance No. 2011-135 (Int. No. 198) Amending The 2010-11 Budget For Parking At Durand Eastman Beach BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $60,000 from the Contingency allocation to the Cash Capital allocation to fund the purchase of parking paystations for the parking lots at Durand Eastman Beach. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-136 (Int. No. 199) Amending Chapter 111 Of The Municipal Code, Traffic Ordinance, With Respect To Parking Stations At Durand Eastman Beach BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 111-107 of the Municipal Code, Fees for use of individual parking spaces, as amended, is hereby further amended by amending subsection B thereof by adding the words “, and at Durand Eastman Beach on Sundays when a fee is charged,” after the words “Port of Rochester” where they are contained therein. Section 2. Section 111-112 of the Municipal Code, Application of receipts from parking stations, as amended, is hereby further amended by adding the words “and Durand Eastman Beach” after the words “Port of Rochester” where they are contained therein. Section 3. Section 111-113 of the Municipal Code, Parking rates for parking stations, as amended, is hereby further amended by amending the introductory phrase thereof to read in its entirety as follows: The following rates are established for parking

Transmitted herewith for your approval is legislation to amend the City Charter with regard to the boundaries of the City Council districts. Subsequent to each decennial census, it is required that voting districts be reconfigured to reflect the "one person, one vote" rule. Generally, that rule requires that districts vary by not more than 3% from an "ideal" number, which is defined as the total population divided by the number of districts. The current City population total in the 2010 Census is 210,565; dividing this number by four would mean that the "ideal" number for each Council district would be 52,641 persons. The 2010 population for each District is as follows: District Population East 54,256 Northeast 51,190 Northwest 52,740 South 52,379

Ideal

Variance

Percentage

52,641

1615

3.1%

52,641

-1451

-2.8%

52,641

99

0.2%

52,641

-262

-0.5%

As you can see, two of the current Council districts (NW and S) are well within the legal standard, one (E) is outside it and one (NE) is barely within the standard. Adjustments are required to be made by moving individual Election Districts (EDs) from one Council District to another. In order to bring the districts into compliance, the following changes are being proposed: ED

From District

To District

25-21 25-25

East East

Northeast Northeast

Population 837 1110

The results of these minor shifts would be as follows: Proposed District Population Ideal East 52,309 Northeast 53,137

Variance

Percentage

52,641

-332

-0.6%

52,641

496

0.9%

Page 150 Northwest 52,740 South 52,379

TUESDAY, MAY 24, 2011

52,641

99

0.2%

52,641

-262

-0.5%

The net result will be more equal districts, no disruption of neighborhood boundaries, and continued compact districts. A full analysis has been completed of impacts on various racial and ethnic populations to ensure conformance with the Voting Rights Act. The proposed minor changes conform to all legal requirements and continue the City’s commitment to a redistricting process that respects neighborhood boundaries and that values compactness and continuity. A public comment opportunity was held on May 12; no comments were received. Respectfully submitted, Lovely A. Warren President Local Law No. 5 (Int. No. 211) Local Law Amending The City Charter With Respect To Council District Boundaries BE IT ENACTED, by the Council of the City of Rochester as follows: Section 1. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by amending subsections A and B of Section 5-3, Districts, to read in their entirety as follows: A. The Northeast District shall include all the area described within the boundaries as follows: Beginning at the intersection of the center line of the Genesee River with the shore of Lake Ontario; Thence southerly along the center line of the Genesee River to its intersection with the center line East Main Street; Thence easterly along the center line of East Main Street to its intersection with the center line of East Avenue; Thence southeasterly along the center line of East Avenue to its intersection with the center line of North Chestnut Street; Thence northerly along the center line of North Chestnut Street to its intersection with the center line of East Main Street; Thence easterly along the center line of East Main Street to its intersection with the center line of North Goodman Street; Thence northerly along the center line of North Goodman Street to its intersection with Clifford Avenue; Thence easterly along the center line of Clifford Avenue to its intersection with Lyceum Street; Thence northerly along the center line of Lyceum Street to its interception with Fernwood Park; Thence easterly along the center line of Fernwood Park to its intersection with Walbar Street; Thence south-

erly along the center line of Walbar Street to its intersection with Clifford Avenue; Thence easterly along the center line of Clifford Avenue to its intersection with Woodman Park; Thence northerly along the center line of Woodman Park to its intersection with Seymour Road; Thence easterly along the center line of Seymour Road to the easterly boundary of the City; Thence northerly along the easterly boundary of the City to the northerly boundary of the City; Thence westerly along the northerly boundary of the City to a point 33 feet easterly from the center line of Culver Road; Thence northerly and parallel to the center line of Culver Road to a point 33 feet northerly from the center line of Hoffman Road produced easterly; Thence northwesterly parallel to the center line of Hoffman Road to a point 33 feet easterly from the center line of Wisner Road; Thence northerly and parallel to the center line of Wisner Road to the southerly boundary of Durand Eastman Park; Thence easterly along the southerly line of Durand Eastman Park to the easterly line of Durand Eastman Park; Thence generally northerly along the easterly boundary of Durand Eastman Park to the shore of Lake Ontario; Thence westerly along the shore of Lake Ontario to the westerly line of Durand Eastman Park; Thence generally southerly along the westerly line of Durand Eastman Park to the intersection of the southerly line of Durand Eastman Park; Thence generally easterly along the southerly line of Durand Eastman Park to a point 33 feet westerly from the center line of Wisner Road; Thence southerly and parallel to the center line of Wisner Road to a point 33 feet south of the center line of Hoffman Road produced westerly; Thence southeasterly and parallel to the center line of Hoffman Road to a point 33 feet westerly from the center line of Culver Road; Thence southerly and parallel to the center line of Culver Road to the northerly boundary line of the City; Thence westerly along the northerly line of the City to the easterly line of the City on the east side of the Genesee River; Thence generally northerly along the said easterly City line to the shore of Lake Ontario; Thence northwesterly to the center of the Genesee River and the point of beginning. B. The East District shall include all the area described within the boundaries as follows: Beginning on the center line of the Genesee River and its intersection with the center line of East Main Street; Thence easterly along the center line of East Main Street to its intersection with the center line of East Avenue; Thence southeasterly along the center line of East Avenue to its intersection with the center line of North Chestnut Street; Thence northerly along

TUESDAY, MAY 24, 2011 the center line of North Chestnut Street to its intersection with the center line of East Main Street; Thence easterly along the center line of East Main Street to its intersection with the center line of North Goodman Street; Thence northerly along the center line of North Goodman Street to its intersection of Clifford Avenue; Thence easterly along the center line of Clifford Avenue to its intersection with Lyceum Street; Thence northerly along the center line of Lyceum Street to its intersection with Fernwood Park; Thence easterly along the center line of Fernwood Park to its intersection with Walbar Street; Thence southerly along the center line of Walbar Street to its intersection of Clifford Avenue; Thence easterly along the center line of Clifford Avenue to its intersection with Woodman Park; Thence northerly along the center line of Woodman Park to its intersection with Seymour Road; Thence easterly along the center line of Seymour Road to the easterly boundary of the City; Thence southerly along the easterly line of the City including the area known as Densmore Creek to the southerly boundary of the City; Thence westerly along the southerly boundary of the City to its intersection with Elmwood Avenue; Thence westerly along the center line of Elmwood Avenue to its intersection with the center line of South Goodman Street; Thence northerly along the center line of South Goodman Street to its intersection of Rockingham Street; Thence westerly along the center line of Rockingham Street to its intersection with Mount Vernon Avenue; Thence northerly along the center line of Mount Vernon Avenue to its intersection with Caroline Street; Thence easterly along the center line of Caroline Street to its intersection with Meigs Street; Thence northerly along the center line of Meigs Street to its intersection with Interstate 490; Thence generally northwest along the center line of Interstate 490 and the Inner Loop to the center line of the Genesee River; Thence northerly along the center line of the Genesee River to its intersection of the centerline of East Main Street and the place of beginning. Section 2. immediately.

This local law shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-137 Re: Agreement with WXXI to Broadcast City Council Meetings Transmitted herewith for your approval is legislation establishing $58,500 as maximum compensation for a three-year professional services agreement with WXXI Public Broadcasting Council to

Page 151 continue to provide technical staff for the live broadcasts of City Council Meetings. WXXI has been operating the equipment since the inception of live broadcasts in January 2008. These contract services have enabled a seamless feed from the Chambers to the City Channel 12, which is operated by WXXI. As part of this contract, WXXI staff will set up the City’s broadcast equipment prior to each Council session, test the audio/video signal being transmitted to WXXI’s State Street studio, and provide technical direction, video recording, master control, and closed captioning services. The agreement will provide funding for the broadcast of regular monthly City Council meetings, City Council committee meetings, two fullday budget hearings, web streaming, plus an allocation for two organization meetings and contingency. The basic fees for each of the years of the agreement are as follows:

Service Council meetings Committee meetings Budget hearings Web streaming, monthly Organization meetings and contingency Total

Item Cost

Total Annual Cost

$ 600 600 1,350 100

$ 7,200 7,200 2,700 1,200 1,200 $19,500

Respectfully submitted, Lovely A. Warren Carolee A. Conklin President Chair, Finance Committee Ordinance No. 2011-137 (Int. No. 212) Establishing Maximum Compensation For A Professional Services Agreement With WXXI Public Broadcasting Council For Broadcast Of City Council Meetings BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $19,500, or so much thereof as may be necessary, is hereby established as the annual compensation to be paid for a professional services agreement between the City and WXXI Public Broadcasting Council for the broadcast of City Council Meetings for a term of three years. Said amounts shall be funded from the 2011-12 and subsequent Budgets of the City Council/City Clerk, contingent upon adoption of said budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Page 152

TUESDAY, MAY 24, 2011

TO THE COUNCIL Ladies and Gentlemen: Local Improvement Ordinance 1638 Re: Special Assessment District Parking Lots Transmitted herewith for your approval is legislation authorizing special district assessments for five neighborhood commercial and residential parking lots and appropriating $73,694 for operation and maintenance of the parking areas during 2011-12. Special Assessment Districts were established in 1979 for seven parking lots known as: Culver/Merchants, Monroe Avenue, Parker Place, South Avenue, North Street, Lyell Avenue and Woodside/Goodwill. Annual operating and maintenance costs of the areas are assessed against all properties within the district according to their respective parking space requirements. Properties associated with two of these lots, South Avenue and Parker Place, are no longer participating, thereby reducing the number of lots to five.

appropriated from the Care and Embellishment Fund for the operation and maintenance of parking areas and neighborhood commercial or residential parking lots during 2011-12: Parking Area New Assessments

LIO Unused Assessments From Total Prior Years Amount

Culver/Merchants $32,592 -0Monroe Avenue 13,800 $2,400 North Street 7,000 -0Lyell Avenue 8,002 -0Woodside/Goodwill 9,900 -0-

1534 $32,592 1604 16,200 1258 7,000 1548 8,002 1517 9,900

Section 2. This ordinance shall take effect on July 1, 2011. Passed unanimously.

The assessments reflect the cost of snow plowing, cleaning, landscape maintenance, lighting, and parking regulation enforcement. These services are provided either by City personnel, by private companies under contract to the City, or by the property owners themselves. The total appropriation of assessments for 201112 is: Parking lot assessments July 1, 2011 Unused assessment prior years Total

$71,294 2,400 $73,694

A summary of charges by district is attached. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-53 Local Improvement Ordinance No. 1638 (Int. No. 162) Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following amounts are hereby established and the new assessments shall be allocated and levied against the benefited properties in accordance with the local improvement ordinances, and said new assessments are hereby

Councilmember Conklin moved to discharge Int. No. 157 from Committee. The motion was seconded by Councilmember Spaull. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-138 Re: Agreement - Bolton-St. Johns, State Lobbying Services Transmitted herewith for your approval is legislation establishing $24,000 as maximum compensation for an agreement with Bolton St. Johns, Albany NY, for continued State lobbying services. This agreement will be for a term of sixty days initially, with the option to extend on a month-to-month basis for an additional four months. The cost of the agreement will be financed from the 2010-11 ($8,000) and 2011-12 ($16,000) Budgets of the Mayor’s Office. The cost reflects a 20% reduction in the firm’s previous rate in recognition of the City’s current budget situation. Bolton St. Johns will provide the following services: ● Draft and arrange for the introduction of the City’s legislative proposals to the City’s Albany delegation, committee chairs, Senate

TUESDAY, MAY 24, 2011 and Assembly leaders, the Governor, and staff. ● Identify and review all bills that could affect the City and, as directed by the City, present comments concerning these bills. ● Review and analyze the annual State budget with respect to its impact on the City; monitor the necessary and suitable funding. ● Facilitate relationships with legislative members and champion issues important to Rochester; arrange and coordinate meetings between State and City officials; prepare materials for these meetings; accompany City staff to such meetings. ● Coordinate the above activities with the NY Conference of Mayors and other “Big 5" cities, as necessary. ● Provide advice on meeting legislative and regulatory objectives; develop a written strategic plan. ● Provide general advice on legislative and regulatory matters. The firm has provided these services for the City since 2006. The specified term of this agreement will allow for consistent service through the current legislative cycle and the ability to continue if desired. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-138 (Int. No. 157)

Page 153 The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation: Int. No. 164 - Authorizing The Sale Of Real Estate And Granting An Increase In An Easement Int. No. 165 - Authorizing The Sale Of The Former Josh Lofton Building Int. No. 166 - Authorizing Agreements For The Lead Hazard Control Program Int. No. 172 - Approving The 2011-12 Operating And Capital Budgets Of The Cultural Center Commission Int. No. 173 - Authorizing An Agreement With The County Of Monroe For Review Of Planning And Zoning Matters Int. No. 174 - Authorizing An Application And Agreement For The Lead Hazard Control Program Int. No. 189 - Approving A Loan Agreement For The Lincoln Alliance Building Project Int. No. 192 - Amending The 2010-11 Budget For A Soccer Field For The Blue Cross Arena At The War Memorial The Neighborhood & Business Development Committee recommends for consideration the following entitled legislation: Int. No. 167 - Changing The Zoning Classification Of 419 And 427 Latta Road From R-1 Low Density Residential To R-3 High Density Residential

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For State Lobbying Services

Int. No. 175 - Local Improvement Ordinance Establishing The Cost Of The Special Work And Services Related To The South Avenue/Alexander Street Open Space District

BE IT ORDAINED, by the Council of the City of Rochester as follows:

The following entitled legislation is being held in Committee:

Section 1. The sum of $24,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Bolton-St. Johns, LLC for the provision of State lobbying services. Of said amount, $8,000 shall be funded from the 2010-11 Budget of the Office of the Mayor and $16,000 shall be funded from the 2011-12 Budget of the Office of the Mayor, contingent upon the adoption of the latter budget.

Int. No. 168 - Resolution Approving Appointments To The Rochester Preservation Board

Section 2. immediately.

Int. No. 170 - Resolution Approving Appointments To The Rochester Environmental Commission Int. No. 171 - Resolution Approving Appointments To The City Planning Commission

This ordinance shall take effect

Passed unanimously. By Councilmember Palumbo May 24, 2011 To the Council:

Int. No. 169 - Resolution Approving Reappointments To The Zoning Board Of Appeals

Respectfully submitted, Carla M. Palumbo Carolee A. Conklin Dana K. Miller Lovely A. Warren Elaine M. Spaull NEIGHBORHOOD & BUSINESS DEVELOP-

Page 154

TUESDAY, MAY 24, 2011

MENT COMMITTEE

sideration.

Received, filed and published.

Respectfully submitted, Thomas S. Richards Mayor

TO THE COUNCIL Ladies and Gentlemen:

Attachment No. AK-54 Ordinance No. 2011-139 Re: Sale of Real Estate and Authorizing An Increase to an Easement at 1205 N. Clinton Avenue Transmitted herewith for your approval is legislation approving the sale of 22 properties and authorizing an easement. Sales With the exception of purchasers of unbuildable vacant land, staff has audited City records to ensure that purchasers do not own other properties with code violations or delinquent taxes. The records of the Bureau of Inspection and Compliance Services were also audited to ensure that purchasers have not been in contempt of court or fined as a result of an appearance ticket during the past five years. The first property is a parking lot being purchased by the adjacent owner who will combine it with their current property. The second property is a vacant lot being purchased by the adjacent owner. It will be maintained as green space and combined with their respective parcel. The next two properties are vacant lots being purchased by the same adjacent owner; they will be maintained as green space, fenced in and combined with his existing property. The next eighteen properties are unbuildable vacant lots, each being purchased by their adjacent owners. The intention of each owner is to combine the vacant lot with their respective parcel. The first year projected tax revenue for these twenty-two (22) properties, assuming full taxation, current assessed valuations and current tax rates, is estimated to be $3,073. All City taxes and other charges, except water charges, against properties being sold by the City will be canceled on the first day of the month following adoption of the ordinance because either the City has agreed to convey the properties free of City tax liens and other charges, or these charges have been included in the purchase price. Easement Ordinance No. 2006-388, authorized the donation to Monroe County of an easement at the Rochester Fire Department facility at 1205 N. Clinton Avenue for the purpose of construction and maintaining a communications tower, which is utilized by Fire, Police and Emergency Medical Services. This legislation will increase the easement area from 409 square feet to 754 square feet, to allow the addition of a 12-foot by 24-foot equipment storage shed and generator. The additional easement area will be granted for no monetary con-

Ordinance No. 2011-139 (Int. No. 164) Authorizing The Sale Of Real Estate And Granting An Increase In An Easement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the negotiated sale of the following parcels of vacant land with proposal: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

Price

265 Clarissa St 84x132 11,172 $5,000 121.37-2-62.1 Flying Squirrel Community Space, Inc.* 434 North St 84x111 6,534 $2,300 106.57-3-74.1 P. Kay Thompson 1338-1340 E. Main St 42x125 5,375 $ 450 107.69-1-50 Kevin Thompson 19-21 Chamberlain St 40x128 5,120 $ 450 107.69-1-47 Kevin Thompson * Board Members: Robert Good, Member; Theodore Forsyth, Member; Dawn Zuppelli, Member Section 2. The Council hereby approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.# 102 Campbell St 120.27-1-26

Lot Size Purchaser

Sq. Ft.

25x102 2,550 First Pentecostal Church, Inc.** 23 DeJonge St 35x145 5,110 106.31-2-45 Arthur & Lily Crittenden 26 Dodridge St 20x39 871 060.44-2-47.1 David Ellender 32 Florack St 60x17 1,230 091.58-3-17 William Delgado 151 Floverton St 40x39 1,306 122.33-1-49.1 Rich Feola 902 Genesee Park Blvd 47x10 470 135.23-2-63 Mesut Muyan 665 N. Goodman St 33x83 2,739 106.60-1-34 James & Glenda Dilly Pt. of 861R Harvard St 45x27 1,215 122.54-3-30.1 Michael Lewis 911R Harvard St 45x29 1,306 122.54-3-37 Richard Schreiber

TUESDAY, MAY 24, 2011 Pt. of 925R Harvard St 45x29 1,305 122.54-3-41.1 Stephen & Lonna Pennington Pt. of 991R Harvard St 45x27 1,215 122.55-2-32.1 R. Fischman & C. High 1001B Harvard St 54x17 918 122.55-2-31.9 K. Schmitz & H. Smith 644-648 Jay St 42x80 3,360 105.82-1-83 Juan Rivera 9 Kondolf St 42x60 2,520 105.82-1-72 Flora Johnson 154 Morrill St 76x96 7,405 106.23-1-16.1 VMS Development LLC*** 191 Orange St 25x163 4,100 105.83-3-52 Kevin Parson 67 Seward St 33x132 4,356 121.53-1-47 Friendship United Missionary Baptist Church**** 70 Westmoreland Dr 45x15 675 135.84-2-29 Andrew & Shannon Morrell **

Corporation Members: Rev. Nicolas Gonzalez, Jr., President; Cynthia Gonzalez, Secretary; Rose Santos, Treasurer; Isabel Montanez, Sub-Secretary; Marisol Alicea, Sub-Secretary; Vecente Zayas, Vocal; Mary Diaz, Vocal *** Board Members: William Burke-Mattis, President & Sole Proprietor **** Council Members: Benjamin James, Deacon; Eugene Pickett, Deacon Section 3. City taxes and other City charges, except water charges, against said properties are hereby canceled up to the first day of the month following the date of adoption of this ordinance for the reason that the City has agreed to convey said properties free of City tax liens and other charges. Section 4. The Council further grants an increase in the area of the permanent easement authorized in Ordinance No. 2006-388 to the County of Monroe over a portion of the City parcel at 1205 North Clinton Avenue, for the construction and maintenance of a communications tower, to approximately 754 square feet to allow for a storage shed and generator. Section 5. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-140 Re: Sale of Real Estate 242 W. Main Street Transmitted herewith for your approval is legislation authorizing the sale of 242 W. Main Street, the former Josh Lofton Alternative Education High School, to Lofton Lofts LLC for the appraised value of $285,000. This amount was determined by an independent appraisal completed on April 13, 2010 by Bruckner, Tillett, Rossi, Cahill & Associates.

Page 155 The property is a City-owned parcel located at the western edge of the Central Business District, on the corner of W. Main Street and Cascade Drive. The parcel consists of a four-story wood frame and brick building totaling approximately 52,200 square feet. The purchaser, Lofton Lofts LLC, is jointly owned, in equal shares, by Passero Associates Engineering and Architecture, 100 Liberty Pole Way, Rochester, and Spoleta Construction, 7 Van Auker Street, Rochester. They were selected through a request for proposal process; proposals were also received from Franklin Properties/Dutton, Buckingham Properties, and Costanza Enterprises, Inc. Lofton Lofts LLC plans for redevelopment of the building include relocating their corporate headquarters to the basement, first, and second floors of the building. They anticipate 65-70 employees will occupy that space. There will also be 4,000 square feet of retail space available on the first floor. The third and fourth floors will be converted into loft apartments, providing a total of 20 apartments,18 of which will be 2 bedroom apartments. Lofton Lofts LLC’s timetable for redevelopment and occupancy is 12 months following the real estate closing. Cost estimates for development of the building are: Uses of funds: Building acquisition Soft costs Hard costs Design contingency Total

$ 285,000 964,000 5,227,633 270,000 $6,746,633

Sources of funds: Owner equity Bank financing Total

$1,721,633 5,025,000 $6,746,633

The economic benefits of the proposed sale include: 1) the redevelopment of a large vacant and underutilized building in the western end of the city center and directly across the street from the new Nothnagle Realtors’ headquarters at 217 W. Main Street; 2) increase in property tax revenue; and 3) increase in both commercial and residential use in the area. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-55 Ordinance No. 2011-140 (Int. No. 165) Authorizing The Sale Of The Former Josh Lofton Building BE IT ORDAINED, by the Council of the City of Rochester as follows:

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Section 1. The Council hereby approves the sale of the former Josh Lofton Alternative Education High School Building at 242 West Main Street, SBL #121.29-1-11.1, to Lofton Lofts LLC for the sum of $285,000. Section 2. immediately.

This ordinance shall take effect

said amount, or so much thereof as may be necessary, is hereby appropriated from Lead Hazard Control Program funds to be received under the grant agreement authorized in Section 1. Section 4. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate.

Passed unanimously.

Section 5. immediately.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously.

Ordinance No. 2011-141 Re: Agreement - Greater Rochester Health Foundation, Lead Hazard Control Program Grant Transmitted herewith for your approval is legislation authorizing an agreement with the Greater Rochester Health Foundation (GRHF) for the receipt and use of a grant of $87,365 to support the City’s lead hazard control program. In 2007, the GRHF awarded the City a $1.5 million grant which was used along with City funds to control lead-based paint hazards in privatelyheld housing in a target neighborhood in the 14621 community. To date, $1,196,862 of that grant has been used to produce 101 units of lead safe housing. The remaining funds have been committed to produce an additional 34 units of lead-safe housing. The GRHF is offering the City these additional funds to continue work in the 14621 community. In combination with $62,000 of 2008 and 2009 HUD funding, the grant will produce approximately 10 units of lead-safe housing at an estimated cost of $15,000 per unit. It is expected that these funds will be fully committed by September 1, 2011. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-141 (Int. No. 166) Authorizing Agreements For The Lead Hazard Control Program

This ordinance shall take effect

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-142 Re: Cultural Center Commission 2011-12 Budget Transmitted herewith for your approval is legislation relating to the 2011-12 operating and capital budgets of the Cultural Center Commission. This legislation will: 1. Approve and appropriate the budgets proposed by the Commission for the period of July 1, 2011 through June 30, 2012 in the amount of $1,000,619; and 2. Authorize the Commission to approve during this period the transfer of capital budget appropriations not exceeding $10,000. The proposed budgets were approved by the Commission on March 30, 2011. They have been reviewed by the Budget Bureau of the City and Office of Management and Budget of Monroe County. Approval of the budgets by the City Council and County Legislature is required by Chapter 613 of the law of 1979 of the State of New York. Delegation to the Commission of the authority to subsequently expend funds from the budgets was approved by the Council on September 9, 1980 and Legislature on September 30, 1980. The total amount of funds available to the Commission for use during the 2011-2012 fiscal year is $1,000,619. Budget Summary

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into a grant agreement with the Greater Rochester Health Foundation for funding for the Lead Hazard Control Program. Section 2. The Mayor or his designee is hereby further authorized enter into such agreements as may be necessary to implement the Lead Hazard Control Program. Section 3. The agreements shall obligate the City to pay an amount not to exceed $87,365, and

Operating: Salaries Fringe benefits Office supplies/ equipment Telephone and postage Printing and advertising Training and meeting Professional service Marketing Contingency Total

2011-12

2009-10

$48,554 21,446

$37,282 30,356

0 600

100 1,300

0 300 10,000 0 500 $81,400

500 500 10,000 1,000 500 $81,538

TUESDAY, MAY 24, 2011 Capital: Development Streets/open space Administration Annual audit Total

$ 686,268 219,851 81,400 13,100 $1,000,619

Page 157

$128,823 218,728 81,538 12,500 $441,589

the financial and budgetary practices of the City of Rochester. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Any funds remaining from the 2009-10 budget will be re-appropriated for the 2011-12 budget. The authorization for the Commission to approve minor capital transfers is designed to facilitate operations. Similar authorization was approved by the Council on June 16, 2009, per Ordinance No. 2009-206, for the 2009-10 budget. The Commission has a comparable ability to approve the transfer of operation appropriations pursuant to a Council authorization of September 9, 1981. A budget for the Commission was not prepared for fiscal year 2010-11 because during that time the City and County were in discussions regarding the future of the Commission. It was agreed that the Commission would continue until such time that Commission real assets were either sold or transferred to third-party ownership. The Commission currently is owner of three properties in the City of Rochester: East End Parking Garage (475 E. Main St.); 403 E. Main Street (open space); and 420 E. Main Street (1.5 acre development parcel currently operated as a surface parking lot). The proposed 2011-12 budget reflects anticipated revenue of $683,000 from the sale of two properties to the University of Rochester: 403 and 420 E. Main St. The sale of these properties requires approval of both the County Legislature and City Council; the request for approval by City Council will be submitted in separate legislation for June, 2011 consideration. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-142 (Int. No. 172) Approving The 2011-12 Operating And Capital Budgets Of The Cultural Center Commission BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the 2011-12 Operating and Capital Budgets of the Cultural Center Commission as adopted in Cultural Center Commission Resolution No. 1 of 2011. The Council specifically authorizes the Cultural Center Commission to transfer funds within the Cultural Center Commission Capital Account in an amount not to exceed $10,000 during the fiscal year. The Commissioner of Neighborhood and Business Development of the City of Rochester is further authorized to transfer unencumbered funds in the Operating Budget from one account to another in accordance with

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-143 Re: Inter-Municipal Agreement Monroe County General Municipal Law, Article 12-B Transmitted herewith for your approval is legislation authorizing an inter-municipal agreement with Monroe County exempting certain local municipal zoning, planning and subdivision matters from review at the County level. In accordance with Sections 239-m and 239-n of the New York State General Municipal Law (NYS GML) and Sections C5-4A and C5-4C of the County Charter, municipalities are required to submit certain local zoning and planning actions, subdivision plats, and land use projects within 500 feet of the City boundary or other specified uses, or within the Monroe County Airport Review Area, to the Monroe County Department of Planning and Development for review. The purpose of the review is to identify inter-community and county-wide impacts of proposed projects and to bring land use actions to the attention of neighboring municipalities and agencies with jurisdiction. A list of zoning and subdivision matters to be exempted from County review is attached. The purpose of the exemption agreement is to make the land development review process more cost-effective and efficient. By making routine requests such as certain area variance, special permit and subdivision requests exempt from the referral requirement, the City will be able to control and expedite the approval process for development and redevelopment projects. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-56 Ordinance No. 2011-143 (Int. No. 173) Authorizing An Agreement With The County Of Monroe For Review Of Planning And Zoning Matters BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for the exemption of certain local zoning,

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planning and subdivision matters from County review.

Ordinance No. 2011-144 (Int. No. 174)

Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Authorizing An Application And Agreement For The Lead Hazard Control Program

Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-144 Re: Agreement - U.S. Department of Housing and Urban Development, Lead Hazard Control Grant Application Transmitted herewith for your approval is legislation authorizing an agreement with the U.S. Department of Housing and Urban Development for an application for a Lead Hazard Control grant in the amount of $3,500,000. The grant will support the City’s Lead Hazard Control Program where deferred loans are made available to eligible owners of privately-held 1-4 unit residential structures. Eligible repairs include: window replacement, porch repair, painting, siding, bare soil treatment, and minor rehabilitation work associated with lead hazard control. A City funding match of $875,000 will be combined with $2,875,000 of the HUD grant to address lead paint remediation for a total of 250 residential units over a three-year period, with an average loan of $15,000 per unit. The remaining $625,000 of HUD funds will be applied to leadbased paint inspections, child blood testing, leadsafe work practices training, contractor training, temporary relocation, outreach, and administrative costs. Participating owners will be required to complete a HUD-approved lead safe work practices training course. They must also agree to have child occupants under age six tested for lead poisoning if they have not done so six months before the work starts. Rental property owners will be required to produce a 10% funding match and agree to provide rents affordable to families earning incomes at or below 50% area median income. Property owners must agree to maintain the assisted unit(s) as lead-safe for a period of five years. The program will be made available City-wide with an emphasis on enrolling families with children living in the City’s “at-risk” neighborhoods. These areas comprise 41 census tracts where the incidence of child lead poisoning is greatest. Respectfully submitted, Thomas S. Richards Mayor

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the United States Department of Housing and Urban Development for funding for the City’s Lead Hazard Control Program. Section 2. The application and agreement shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-145 Re: Loan Agreement - Franklin Properties, 181-187 E. Main Street; and Financing A Housing Revolving Loan Fund Transmitted herewith for your approval is legislation authorizing a $3,000,000 loan agreement with Franklin Properties, or a single-purpose LLC to be formed by Franklin Properties (Principals: Douglas Sutherland, Robert Medina, Ted Kinder, and Patrick Dutton), for the adaptive re-use of the building at 181-187 E. Main Street. This legislation will also create a Housing Revolving Loan Fund by appropriating the following amounts to be included in the account: $99,794 from 200910 Cash Capital fund balance; $900,000 from the 2008-09 Cash Capital fund balance; and $1,700,000 from the Downtown Local Improvement Fund. The Cash Capital fund balances are a result of repayments of previous loans. This new Fund will be used to support affordable housing projects. The loan to Franklin Properties will be funded as follows: Housing Revolving Loan Fund 2004-05 Cash Capital 2008-09 Cash Capital 2009-10 Cash Capital Total

$2,699,794 269,887 30,113 206 $3,000,000

The rehabilitation of the building at 181-187 E. Main Street, known as the Lincoln Alliance Building and currently used as office and retail space, will include 113 residential units and renovation of approximately 40,000 square feet of commercial space. Renovation is anticipated to start in Summer 2011. The City funds will provide gap financing in the

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form of a bridge loan until New York State and Federal historic rehabilitation tax credits become available at the point when the construction loan is converted to permanent financing. The City loan will have a 30-month term with an interest rate of 1% if the loan is secured with a letter of credit, or 3% if it is secured through a lien on assets or other means. The loan requires that 15% of the residential units, 16 units, be affordable for rent to households earning no more than 120% of the area median income (AMI) for a term of ten years. The sources and uses of permanent financing for the Lincoln Alliance Building are summarized below: Source Permanent Mortgage Historic Rehab Tax Credits Equity Total

$14,200,000 5,700,000 1,980,000 $21,880,000

Use Property Acquisition Hard Costs - Construction Soft Costs Developer Fee & Overhead Contingency Operations Reserve Construction Management Financing Fees/Interest Carrying Costs Tax Credit Exit Fee Total

$ 2,500,000 12,195,000 565,000 640,000 1,770,000 1,150,000 950,000 1,170,000 150,000 790,000 $21,880,000

The project does not qualify for tax abatements under the Core Urban Exemption program, due to the project cost, the resulting increase in the assessed value, and the requirements of the financing at a 1.25 debt service coverage ratio. The developers, however, are requesting a 20-year modified tax abatement through COMIDA with the following terms: 100% abatement for years 16 (to cover the term for payment of historic tax credit fees), followed by a reduction of the abatement by 5% each year through year 20. The total tax revenue over 20 years would be $2,947,307, which is nearly four times more than what it would be without the renovation and partial abatement. SEQR review has been completed. This is an Unlisted action; lead agency was coordinated with all involved agencies and a Negative Declaration was issued on March 29, 2011. The Mayor is authorized to adjust the interest rate and other terms and conditions of the loan as needed. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-145 (Int. No. 189)

Approving A Loan Agreement For The Lincoln Alliance Building Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into a loan agreement with Franklin Properties, or an entity to be formed by Franklin Properties, whereby the City shall provide a loan to partially finance the costs of the construction of housing units as a part of the acquisition and rehabilitation of the Lincoln Alliance Building at 181-187 East Main Street. The funding shall be provided as a thirty month construction loan with interest of 1% if secured by a letter of credit, or 3% if secured through a lien on assets or through other means. The Mayor is authorized to adjust the interest rate and other terms and conditions of the loan in order to conform to legal requirements for tax credits and for the Project. Section 2. The agreement shall obligate the City to pay an amount not to exceed $3,000,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Housing Revolving Loan Fund which is hereby established. The sum of $99,794.03 is hereby reappropriated from the fund balance of the 2009-10 Cash Capital Fund, $900,000 is hereby reappropriated from the fund balance of the 2008-09 Cash Capital Fund, $269,887 shall be funded from the 2004-05 Cash Capital allocation, $30,113 shall be funded from the 2008-09 Cash Capital allocation, $205.97 shall be funded from the 2009-10 Cash Capital allocation, and $1,700,000 is hereby appropriated from the Downtown Local Improvement Fund, to fund the Housing Revolving Loan Fund. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-146 Re: Amending the 2010-11 Budget Blue Cross Arena Soccer Equipment Transmitted herewith for your approval is legislation amending the 2010-11 Budget by transferring $150,000 from the War Memorial Fund to Cash Capital for the purchase of equipment necessary for the operation of indoor soccer games at the Blue Cross Arena at the War Memorial. This amendment will allow for the purchase of synthetic field grass and goals to support the newly formed Rochester Lancers indoor soccer team. The owners of the team, Saving Soccer, LLC, have a three-year lease with SMG to hold all home games at the Blue Cross Arena at the

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War Memorial. Under the existing agreement between the City and SMG, it is estimated that the City’s share of revenue will cover this cost after two full seasons of operation. The season will run annually from November through February beginning in 2011. If after the conclusion of the second season enough revenue was not paid back to cover the cost of this equipment, the owner agrees to reimburse the City for the difference.

A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-57

Respectfully submitted, Thomas S. Richards Mayor

Ordinance No. 2011-147 (Int. No. 167) Ordinance No. 2011-146 (Int. No. 192)

Amending The 2010-11 Budget For A Soccer Field For The Blue Cross Arena At The War Memorial BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $150,000, which amount is hereby appropriated from the War Memorial Fund to fund an indoor field and goals for indoor soccer at the Blue Cross Arena at the War Memorial. Section 2. immediately.

The proposal requires Site Plan Approval. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the proposal is an Unlisted Action.

Changing The Zoning Classification Of 419 And 427 Latta Road From R-1 Low Density Residential To R-3 High Density Residential BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 120 of the Municipal Code, Zoning Code, as amended, is hereby further amended by changing the zoning classification of the following parcels, constituting 419 and 427 Latta Road, from R-1 Low Density Residential to R-3 High Density Residential: All that tract or parcel of land, situated in the City of Rochester, County of Monroe, and State of New York, Being Part of Town Lot 29, Township 2, Short Range, more particularly described as follows:

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-147 Re: Zoning Map Amendment 419 and 427 Latta Road Transmitted herewith for your approval is legislation amending the Zoning Map by rezoning the properties at 419 and 427 Latta Road from R-1 Low Density Residential to R-3 High Density Residential. The rezoning has been requested by the owner of the property, Diraimo Enterprises, LLC, a commercial painting business located at 427 Latta Road, to facilitate redevelopment of the property. The proposal is to retain the painting business in a building at the front of the property and to demolish the remaining structures, formerly a lumber yard, to construct three 12-unit apartment buildings with related parking. The Planning Commission held an informational meeting on April 11, 2011. There were no speakers in support or opposition to this proposal. By a vote of 6-0, the Commission recommended approval. The minutes of that meeting are attached.

Beginning at a point on the southerly Rightof-Way of Latta Road; said point being in common with the northeast property corner of lands now or formerly of the B&O Rail Road Company and the northwest corner of lands now or formerly of Diraimo Enterprises with address at 427 Latta Road (Tax Account No. 047.61-01-29) thence; 1. Easterly along the south right-of-way of Latta Road a distance of 104.62 feet to a point; thence, 2. Southeasterly, a distance of 36.46 feet to a point; thence, 3. Southeasterly, a distance of 73.01 feet to a point; thence, 4. Continuing southeasterly along the Ontario State Parkway right-of-way, a distance of 113.32 feet to a point at the intersection of the westerly right-of-way line of Lemoyn Avenue; thence, 5. Southerly, along the western right-of-way of Lemoyn Avenue, a distance of 199.54 feet to a point; thence, 6. Southeasterly along a curve continuing along the Lemoyn Avenue right-of-way, a distance of 93.55 feet to a point at the

TUESDAY, MAY 24, 2011

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southeastern property corner of 427 Latta Road; thence,

ing The Cost Of The Special Work And Services Related To The South Avenue/Alexander Street Open Space District

7. Westerly, along a line parallel to the Latta Road right-of-way, a distance of 276.74 feet to a point; thence,

BE IT ORDAINED, by the Council of the City of Rochester as follows:

8. Northerly, a distance of 438.5 to the point of beginning. Section 2. immediately.

This resolution shall take effect

Section 1. The cost of the special work and services to be assessed for the 2011-12 fiscal year for the South Avenue/Alexander Street Open Space District is established at $2,930, which amount is hereby appropriated from unused assessments from prior years.

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

Section 2. This ordinance shall take effect on July 1, 2011. Passed unanimously.

Local Improvement Ordinance No. 1639 Re: Special Assessment District Alexander Street and South Avenue Open Space Maintenance Transmitted herewith for your approval is legislation approving the 2011-12 budget for the South Avenue/Alexander Street Open Space Maintenance Special Assessment District located at 62 Alexander Street. The budget provides funding for the maintenance of this property. The Assessment District for the area was established in 2004 through Local Improvement Ordinance No. 1537. The South Avenue and Alexander Street Green Space Enhancement Project was the result of a Sector Targeted Funding Initiative project that reconstructed the open space at the corner of South Avenue and Alexander Street into a fully accessible open space, meditation area, and recreational space. The budget of $2,930 is based on an annual maintenance estimate obtained by the South Wedge Planning Committee (SWPC). Costs include mowing of grass, trimming shrubs, watering, weeding, trash pickup and removal, fall leaf clean-up, security equipment operation, and repair to structures and pavement installed in the open space.

Councilmember Palumbo moved to discharge Int. No. 115 from Committee. The motion was seconded by Councilmember Conklin. The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0. Introductory No. 115 was introduced April 26, 2011 and appears in its original form with its transmittal letter on page 115 of the current Council Proceedings. Attachment No. AK-58 Ordinance No. 2011-148 (Int. No. 115) Changing The Zoning Classification Of 814 Elmwood Avenue And 19 Cook Street From R-1 Low Density Residential To C-V Collegetown Village Passed unanimously.

The South Wedge Planning Committee will be responsible for property maintenance. The City will reimburse SWPC from the assessment fund upon submission of vouchers for maintenance expenses. There is no assessment imposed for 2011-12 upon properties in the district since there is a total of $9,976 in unused assessments from prior years. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Local Improvement Ordinance No. 1639 (Int. No. 175) Local Improvement Ordinance - Establish-

TO THE COUNCIL Ladies and Gentlemen: Introductory No. 168 Re: Reappointments and Appointments - Rochester Preservation Board Transmitted herewith for your approval is legislation confirming the reappointment of four members and the appointment of two new members to the Rochester Preservation Board. The following individuals will be reappointed:

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Member Since Attendance Michael Warfield February 2008 96% Deborah Beardslee August 2002 79% Mimi Tilton September 2007 75% Paul McAndrew December 1994 88%

Current Term Expired New Term To Expire

term has expired. Section 4. immediately.

This resolution shall take effect

Item held. September 2009 September 2013 August 2009 August 2012 September 2009 September 2013 November 2008 November 2012

The following individuals will be appointed: Daniel Habza, 17 Arnold Park 14607, will fill a vacancy created by Jon Schick, whose term has expired. His term will extend to May 2013. Bonita Helen Mayer, 48 Atkinson Street, will fill the vacancy created by Gar Lowenguth, whose term expired in February 2008. Her term will extend to February 2012. Resumes are available for review in the City Clerk’s Office. Respectfully submitted, Thomas S. Richards Mayor Introductory No. 168

TO THE COUNCIL Ladies and Gentlemen: Introductory No. 169 Re: Reappointments - Zoning Board of Appeals Transmitted herewith for your approval is legislation confirming the re-appointment of the following members to the Zoning Board of Appeals: Member Since Attendance Roseanne Khaleel April 2000 79% Eric Van Dusen January 1998 84% Joseph O’Donnell March 2008 62% Patrick Tobin July 2006 62% Elizabeth Bosek October 2006 87%

Current Term Expired New Term To Expire September 2009 May 2013 September 2009 May 2013 March 2010 March 2012 June 2008 June 2012 Oct 2008 October 2012

RESOLUTION APPROVING APPOINTMENTS TO THE ROCHESTER PRESERVATION BOARD

Resumes are available for review in the City Clerk’s Office.

BE IT RESOLVED, by the Council of the City of Rochester as follows:

Respectfully submitted, Thomas S. Richards Mayor

Section 1. The Council hereby approves the reappointments of the following persons to the Rochester Preservation Board for terms which shall expire as follows: Name

Expiration of Term

Michael Warfield Deborah Beardslee Mimi Tilton Paul McAndrew

September 30, 2013 August 31, 2012 September 30, 2013 November 30, 2012

Section 2. The Council hereby approves the appointment of Daniel Habza, 17 Arnold Park, to the Rochester Preservation Board for a term which shall expire on May 31, 2013. Mr. Habza shall replace Jon Schick, whose term has expired. Section 3. The Council hereby approves the appointment of Bonita Helen Mayer, 48 Atkinson Street, to the Rochester Preservation Board for a term which shall expire on February 29, 2012. Ms. Mayer shall replace Gar Lowenguth, whose

Introductory No. 169 RESOLUTION APPROVING REAPPOINTMENTS TO THE ZONING BOARD OF APPEALS BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of the following persons to the Zoning Board of Appeals for terms which shall expire as follows: Name

Expiration of Term

Roseanne Khaleel Eric Van Dusen Joseph O’Donnell Patrick Tobin Elizabeth Bosek

May 31, 2013 May 31, 2013 March 31, 2012 June 30, 2012 October 31, 2012

Section 2.

This resolution shall take effect

TUESDAY, MAY 24, 2011

Page 163

immediately.

Name

Expiration of Term

Item held.

Eugene Gartland Rosemary Jonientz Richard Pospula Patsy Robertson Thomas Tuori Tanya Zwahlen

March 31, 2014 April 30, 2012 July 31, 2014 March 31, 2014 April 30, 2013 July 31, 2014

TO THE COUNCIL Ladies and Gentlemen: Introductory No. 170 Re: Reappointments and Appointment Rochester Environmental Commission Transmitted herewith for your approval is legislation confirming the reappointment of six members and the appointment of one new member to the Rochester Environmental Commission. The following individuals will be reappointed: Member Since Attendance Eugene Gartland April 1987 100% Rosemary Jonientz April 2002 71% Richard Pospula July 2008 83% Patsy Robertson April 1991 71% Thomas Tuori April 2002 54% Tanya Zwahlen July 2008 63%

Section 2. The Council hereby approves the appointment of Ian F. Kuchman, 155 McKinley Street, Rochester, to the Rochester Environmental Commission for a term that will expire on July 31, 2013. Mr. Kuchman shall replace Molly Doyle, whose term has expired. Section 3. immediately.

This resolution shall take effect

Current Term Expired New Term To Expire

Item held.

March 2011 March 2014

Introductory No. 171 Re: Reappointments and Appointment City Planning Commission

April 2009 April 2012 July 2011 July 2014 March 2011 March 2014 April 2010 April 2013 July 2011 July 2014

Ian F. Kuchman, 155 McKinley Street 14609, will be appointed to fill the vacancy created by the resignation of Molly Doyle whose term expired in July of 2010. Mr. Kuchman’s term will extend to May 2013. Resumes are available for review in the City Clerk’s Office. Respectfully submitted, Thomas S. Richards Mayor Introductory No. 170 RESOLUTION APPROVING APPOINTMENTS TO THE ROCHESTER ENVIRONMENTAL COMMISSION BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of the following persons to the Rochester Environmental Commission for terms which shall expire as follows:

TO THE COUNCIL Ladies and Gentlemen:

Transmitted herewith for your approval is legislation confirming the reappointment of six members and the appointment of one new member of the City Planning Commission. The following individuals will be reappointed: Member Since Attendance David Watson October 2001 92% Steven V. Rebholz June 2004 92% Donna P. Suchy May 2005 88% Julio Vazquez July 2009 100% Heidi Zimmer-Meyer January 2006 81% Eugenio Marlin January 2006 73%

Current Term Expired New Term To Expire April 2010 April 2013 April 2010 April 2012 February 2010 February 2013 February 2010 February 2013 January 2010 January 2012 January 2010 January 2012

The expiration dates have been adjusted based on original appointment dates to ensure that the expiration of terms are staggered. Helen B. Hogan, 78 Oakland Street, will be appointed to fill the vacancy created by the resignation of William G. Clark in November 2010. Her term will extend to May 2012. Resumes are available for review in the City Clerk’s Office.

Page 164

TUESDAY, MAY 24, 2011 For The Jefferson Avenue Water Main Replacement Project And Water Filtration, As Amended

Respectfully submitted, Thomas S. Richards Mayor Introductory No. 171 RESOLUTION APPROVING APPOINTMENTS TO THE CITY PLANNING COMMISSION BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of the following persons to the City Planning Commission for terms which shall expire as follows: Name

Expiration of Term

David Watson Steven V. Rebholz Donna P. Suchy Julio Vazquez Heidi Zimmer-Meyer Eugenio Marlin

April 30, 2013 April 30, 2012 February 28, 2013 February 28, 2013 January 31, 2012 January 31, 2012

Section 2. The Council hereby approves the appointment of Helen B. Hogan, 78 Oakland Street, to the City Planning Commission for a term which shall expire on May 31, 2012. Ms. Hogan shall replace William G. Clark, who has resigned. Section 3. immediately.

Int. No. 197 - Authorizing Agreements For The Eastman And Genesee Riverway Urban Trail Linkages Project Int. No. 200 - Establishing Maximum Compensation For A Professional Services Agreement For The El Camino: Butterhole-Seneca Park Trail Improvement Project And Amending Ordinance No. 2007-388 Int. No. 201 - Authorizing The Implementation And Funding Of The El Camino: ButterholeSeneca Park Trail Improvement Project Int. No. 202 - Authorizing An Amendatory Agreement With The County Of Monroe For Green Fueling Stations And Amending The 201011 Budget Int. No. 203 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Execution And Delivery Of An Agreement Of Cooperation With The County Of Monroe And Issuance Of $425,000 Bonds Of Said City To Finance The Additional Cost Of The Design And Construction Of Certain Shared Green Alternative Fueling Stations Int. No. 126A - Local Improvement Ordinance - Care And Embellishment Of Street Malls For 2011, As Amended

This resolution shall take effect The Jobs, Parks & Public Works Committee recommends for consideration the following entitled legislation:

Item held. By Councilmember Miller May 24, 2011

Int. No. 178 - Approving Changes In The Pavement Width Of Driving Park Avenue In The Vicinity Of Ramona Street

To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation: Int. No. 176 - Establishing Maximum Compensation For A Professional Services Agreement For The Midtown Redevelopment Project Int. No. 177 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Improvements To City Hall Int. No. 193 - Establishing Maximum Compensation For A Professional Services Agreement For The Lake Avenue Improvement Project Int. No. 194 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $840,000 Bonds Of Said City Finance The Reconstruction Of Various Water Mains In The City Related To The Jefferson Avenue Water Main Replacement Project Int. No. 195 - Establishing Maximum Compensation For Professional Services Agreements

Int. No. 179 - Approving Changes In The Pavement Width Of The South Avenue Extension From Woodbury Boulevard To Its Dead End Int. No. 180 - Amending The Official Map By Abandonment Of A Portion Of West Broad Street And Authorizing Its Sale Int. No. 181 - Approving An Increase In The Pavement Width Of Akron Street From Atlantic Avenue To East Main Street Int. No. 182 - Approving A Decrease In The Pavement Width Of Keller Street At Garnet Street Int. No. 196 - Granting An Easement And Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Jefferson Avenue Int. No. 204 - Establishing Maximum Compensation For A Professional Services Agreement For The East Broad Street/Chestnut Street/Court Street Improvement Project Int. No. 205 - Bond Ordinance Of The City Of

TUESDAY, MAY 24, 2011 Rochester, New York, Authorizing The Issuance Of $4,033,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The East Broad Street/Chestnut Street/Court Street Improvement Project Int. No. 206 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $608,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The East Broad Street/Chestnut Street/Court Street Improvement Project Int. No. 207 - Approving An Amendment To The Lease By The Rochester Urban Renewal Agency Of 52 Broadway In The Southeast Loop Urban Renewal Project, NYR-175 Int. No. 208 - Authorizing The Acquisition Of Parcels From The Rochester Urban Renewal Agency Int. No. 209 - Authorizing The Acquisition By Negotiation Or Condemnation Of Temporary Easements And Parcels For The East Broad Street/Chestnut Street/Court Street Improvement Project And Amending Ordinance No. 2010-133, As Amended Int. No. 210 - Changing The Traffic Flow On East Broad Street From Broadway To Chestnut Street From One-Way Westbound To Two-Way Respectfully submitted, Dana K. Miller Matt Haag Loretta C. Scott Lovely A. Warren Elaine M. Spaull JOBS, PARKS & PUBLIC WORKS COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-149 Re: Amendatory Agreement LaBella Associates, P.C., Midtown Redevelopment Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with LaBella Associates, P.C., Rochester, for final design services for the Midtown Redevelopment Project. This amendment will increase maximum compensation by $2,085,000 for a total of $3,035,000. The additional cost will be funded from a prior Federal (Transportation Community and System Preservation grant) appropriation ($840,000 from Ord. No. 2011-64), 2007-08 Cash Capital ($723,736), 2008-09 Cash Capital ($402,564), 2008-09 Water Cash Capital ($40,000) and 2009-10 Water Cash Capital ($78,700). The original agreement, authorized in January

Page 165 2010 (Ord. No. 2010-19) for scoping and preliminary design services, provided maximum compensation of $950,000. The resulting “Midtown Redevelopment Project: Final Design Report” will be used as the basis for the final design. A copy of that report is on file with the City Clerk. The report includes: ● a new internal street grid, including new streets, street enhancements, pedestrian corridors, and reconstruction of existing streets; ● reconstruction and rehabilitation needs of the adjacent streets; ● initial open space recommendations; ● public utility needs (such as sewers, street lighting and potable and Holley water mains); ● recommendations for the underground parking garage improvements (repairs and rehabilitation for reopening the garage, relocation and modifications to exit and entrance ramps); ● recommendations for modifications to the underground truck and construction of a new pedestrian service tunnel (reconstruction for new and proposed users, new street level access, maintenance during redevelopment); ● site work and site restoration requirements (grading the entire site prior to construction and restoration of vacant parcels prior to future development), and ● feasible alternates for the site redevelopment. In addition to the design report, the scoping and preliminary design resulted in a recommended plan which has several alternates. The plan and alternates were presented to the Midtown Advisory Committee and at a public meeting, both held on January 18, 2011. Minutes from these meetings are attached. The City Planning Commission (CPC) has reviewed the site plan under the City’s land subdivision regulations and approved the subdivision plan by a vote of 6-0-0 at their April 11, 2011 meeting. Amendments to the Official Map resulting from that subdivision will be sought from Council at a later date. The CPC Notice of Decision of that approval is attached. The redevelopment project is divided into four construction contracts; LaBella Associates’ final design will prepare the contracts as necessary to manage timing of construction activities to align with PAETEC’s funding and construction schedule. The estimated construction cost (including resident project representation services and contingency) and proposed start of construction for each of the contracts are as follows:

Page 166

TUESDAY, MAY 24, 2011

Contract Start of Construction

Estimated Construction Cost

#1: Truck & pedestrian service tunnel fourth quarter 2011 $7.3 million #2: Parking garage modifications fourth quarter 2011 $10.3 million #3: New streets and public utilities third quarter 2012 $13.1 million #4: Open space and pedestrian corridors third quarter 2013 $2.8 million LaBella Associates was selected to provide the final design based on their familiarity with the project and the capabilities and availability of their staff. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-59 Ordinance No. 2011-149 (Int. No. 176) Establishing Maximum Compensation For A Professional Services Agreement For The Midtown Redevelopment Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $2,085,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement with LaBella Associates, P.C. for final design services for the Midtown Redevelopment Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $840,000 shall be funded from the appropriation of United States Department of Transportation funds in Section 5 of Ordinance No. 2011-64, $723,736 shall be funded from the 2007-08 Cash Capital allocation, $402,564 shall be funded from the 2008-09 Cash Capital allocation, $40,000 shall be funded from the 2008-09 Cash Capital allocation (Water), and $78,700 shall be funded from the 2009-10 Cash Capital allocation (Water). Section 2. immediately.

This ordinance shall take effect

tion authorizing an amendatory agreement with Mesick Cohen Wilson Baker Architects LLP, Albany, for additional resident project representation (RPR) and construction administration services for the City Hall Brownstone Masonry Restoration project. The original agreement for $800,000 was authorized in June 2006 (Ord. No. 2006-152). This amendment will increase maximum compensation by $13,000 to a total of $813,000. The additional cost will be funded from Bond Ordinance No. 2008-303. Construction of the project was awarded to Lari Construction, Inc. in August 2008. The brownstone repair and replacement work was conducted over a two-year period, with a focus on stone repairs (by hand) in designated preservation priority areas. Areas showing the greatest deterioration risk required full stone replacement. Masonry repair and restoration methods involved using in-kind sandstone material along with surface retooling, partial and comprehensive repointing and minimal composite repairs at lower areas. Other work included repointing of the original mortar joints, dormer and chimney repairs, logetta stabilization and staining methods to blend new stone with existing stone. Mesick Cohen Wilson Baker Architects, in conjunction with local firm PLAN Architectural Studio, P.C., provided RPR and construction administration services for the duration of the project. Due to inclement weather in late 2010, portions of the masonry work in the lower northeast to southeast corners (including the portico) required delay until spring 2011. The amendatory agreement is for the additional RPR services needed to complete the project. The project will ensure that the building’s masonry will not need additional major restoration for up to a century. The City received a $350,000 Environmental Protection Fund, Historic Preservation grant from the New York State Office of Parks, Recreation and Historic Preservation for portions of the project. Other historic preservation awards continue to be sought by the Department of Environmental Services, Bureau of Architecture and Engineering, to recognize the scale of this preservation effort in the region. The project will be completed by the end of May 2011. Respectfully submitted, Thomas S. Richards Mayor

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-150 Re: Amendatory Agreement - Mesick Cohen Wilson Baker Architects LLP, City Hall Brownstone Masonry Restoration Transmitted herewith for your approval is legisla-

Ordinance No. 2011-150 (Int. No. 177) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Improvements To City Hall BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $13,000, or so much

TUESDAY, MAY 24, 2011 thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Mesick, Cohen, Wilson, Baker Architects, LLP, for resident project representation and construction administration services for the City Hall Stone Masonry Restoration Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the project. Said amount shall be funded from Bond Ordinance No. 2008-303. Section 2. immediately.

This ordinance shall take effect

Page 167 and knowledge of the project, T.Y. Lin International is recommended. Design of the project will begin in Summer 2011 and is anticipated to be completed in Spring 2013. Construction of Lake Avenue is expected to take place starting in 2013. This agreement will create or retain an equivalent of 5.5 full-time jobs. Respectfully submitted, Thomas S. Richards Mayor

Passed unanimously. Attachment No. AK-60 TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-151 Re: Agreement - T.Y. Lin International, Lake Avenue Improvement Project Transmitted herewith for your approval is legislation establishing $508,000 as maximum compensation for an agreement with T.Y. Lin International, Rochester, for engineering planning and design services for the Lake Avenue Improvement Project. This Lake Avenue Improvement Project is a Federal Aid project administered by the City through the New York State Department of Transportation (NYSDOT), and is identified in the City’s 2010-11 Capital Improvement Program. The City is qualified to receive up to 80% of the eligible project costs from the Federal Highway Administration with the remaining 20% being a local share. Up to 75% of the eligible local share project costs qualify to receive reimbursement through the NYS Marchiselli Aid Program. The non-local share of the agreement costs will be financed from anticipated reimbursements from the Federal Highway Administration ($406,400) and anticipated reimbursements from the New York State Marchiselli Aid Program ($76,200) as authorized by City Council in July 2010 (Ord. No. 2010-257). The local share of design costs were authorized in December 2010 (Ord. No. 2010-434). The project includes street reconstruction or rehabilitation, new curbing, sidewalks, water main and services, hydrants, receiving basins, street lighting system and tree plantings. NYSDOT has established a pre-approved list of regional engineering firms from which project sponsors may obtain engineering services for Federal Aid transportation projects. From this list, twelve firms submitted letters of interest; four of them were selected by a committee for interview: Bergmann Associates, P.C.; T.Y. Lin International; Hunt Engineers, Architects & Land Surveyors, P.C.; and Stantec Consulting Services, Inc. Based upon the qualifications of their team

Ordinance No. 2011-151 (Int. No. 193) Establishing Maximum Compensation For A Professional Services Agreement For The Lake Avenue Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $508,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and T.Y. Lin International for engineering planning and design services for the Lake Avenue Improvement Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $25,400 shall be funded from the 2008-09 Cash Capital allocation, $406,400 shall be funded from the Federal Highway Administration funds appropriated in Section 3 of Ordinance No. 2010257, and $76,200 shall be funded from the New York State Department of Transportation funds appropriated in Section 4 of Ordinance No. 2010257. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-152, Ordinance No. 2011-153 and Ordinance No. 2011-154 Re: Jefferson Avenue Water Main Replacement Project Transmitted herewith for your approval is legislation related to the Jefferson Avenue Water Main Replacement Project (Seward Avenue - Champlain Street). This legislation will: 1. Authorize the issuance of bonds totaling $840,000 and the appropriation of the proceeds thereof to finance a portion of the costs of the water improvements.

Page 168 2. Authorize an amendatory agreement with Fisher Associates, Rochester 14623, for additional design services. 3. Establish $110,000 as maximum compensation for an agreement with Stantec Consulting Services, Inc., Rochester, for Resident Project Representation (RPR) services. The cost of this agreement will be funded from the bonds appropriated herein. 4. Amend the Official Map by dedicating a permanent easement as public right-of-way for street purposes. Water main and street improvements for Jefferson Avenue were originally designed as a single project. Due to complications with the acquisition of easements authorized in April 2010 (Ord. No. 2010-124), the City-funded water main improvements have been separated. The federallyfunded street improvements are delayed pending New York State approval of the acquisitions, which is anticipated in Summer or Fall 2011. The water main replacements will be done, as originally planned, in Spring 2011. Fisher Associates is responsible for the design of both phases. The original agreement, authorized in July 2009 for $230,000, was previously amended in April 2010 (an additional $35,000 for design of a new water main system on Jefferson Avenue from Seward to Champlain Streets); and in February 2011 (an additional $15,000 for additional design work to accommodate an aboveground piping system required to avoid rock excavation). This amendatory agreement for Fisher Associates will increase maximum compensation by $41,000 for a total of $321,000 for preparation of separate construction documents and revisions to meet 2011 New York State Department of Transportation (NYSDOT) specification requirements. The additional cost will be funded from the proposed bond issuance ($16,000) and from the 2007-08 Cash Capital allocation of the Department of Environmental Services ($25,000). Bids for the Jefferson Avenue Water Main Replacement Project construction were received on May 3, 2011. The apparent low bid of $647,340 was submitted by Gordon J. Phillips, Inc. which is 21.24% less than the engineer’s estimate. An additional $66,660 will be allocated for project contingencies. Construction costs are to be funded from the proposed bond issuance. The bonding for this project was authorized in April 2011 through Ordinance No. 2011-88 which rescinded portions of previous bonds and recommended their reallocation for future street improvement projects. NYSDOT has established a pre-approved list of regional engineering firms from which project sponsors may obtain engineering services for Federal Aid transportation projects. The City reviewed the statements of qualifications from the 15 firms on the current list and selected Stantec

TUESDAY, MAY 24, 2011 for the project, based on their capabilities and availability of staff. In order to maintain continuity of RPR services, Stantec is recommended for both phases. Authorization of their services for the second phase will be sought at a future date. The easement will provide space for an additional bus shelter. Based on a ridership survey, the Rochester-Genesee Regional Transportation Authority determined a bus shelter was needed on Jefferson Avenue in the vicinity of Frost Avenue; however, the existing right-of-way was insufficient to install the bus shelter in the preferred location. The new permanent easement on a portion of this 168 square foot City-owned parcel located at 546 Jefferson Avenue will expand the right-of-way to accommodate the bus shelter. The Official Map Amendment will be presented to the Planning Commission at their May 16, 2011 meeting. Their recommendation and the minutes of that meeting will be forwarded to City Council prior to the May 24, 2011 Council meeting. Public meetings for the Jefferson Avenue Revitalization Project, inclusive of the water main replacement work, were held on November 30, 2009, March 24, 2010 and September 27, 2010. Copies of the meeting minutes are on file with the City Clerk’s office. Construction will begin in Spring 2011, with substantial completion in Fall 2011. The additional funding for Fisher Associates, and the agreement with Stantec will create or retain the equivalent of .5 and 1.2 full-time equivalent jobs, respectively. The contract with Gordon Phillips, Inc. will create or retain the equivalent of seven full-time jobs. A public hearing for the Official Map Amendment is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-61 Ordinance No. 2011-152 (Int. No. 194) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $840,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Jefferson Avenue Water Main Replacement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the

TUESDAY, MAY 24, 2011 Jefferson Avenue Water Main Replacement Project in the City (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $840,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $840,000 bonds of the City to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $840,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $840,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipa-

Page 169 tion of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-153 (Int. No. 195, As Amended) Establishing Maximum Compensation For Professional Services Agreements For The Jefferson Avenue Water Main Replacement Project And Water Filtration BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $41,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Fisher Associates for engineering planning and design services for the Jefferson Avenue Water Main Replacement Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $16,000 shall be funded from a bond ordinance adopted for the Project and $25,000 shall be funded from the 2007-08 Cash Capital allocation.

Page 170

TUESDAY, MAY 24, 2011 bounds of lands at No. 546 Jefferson Avenue, a distance of 8.0 feet to a point; thence

Section 2. The sum of $110,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Stantec Consulting Services, Inc. for resident project representation services for the Jefferson Avenue Water Main Replacement Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Said amount shall be funded from a bond ordinance adopted for the Project.

3) South 00°59'38" East, parallel with Jefferson Avenue and through lands at No. 546 Jefferson Avenue, a distance of 21.0 feet to a point; thence

Section 3. The sum of $30,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory lease and service agreement with Calgon Carbon Corporation for the use of granular activated carbon filter media at the Hemlock Lake Water Filtration Plant through June 30, 2012. Said amount shall be funded from the 2010-11 Budget of the Department of Environmental Services (Water Fund).

Hereby intending to describe a parcel of land containing 168 square feet, more or less, all as shown as parcel P7 on a map entitled “Map of a Parcel of Land to be Dedicated - No. 546 Jefferson Avenue”, prepared by the City of Rochester Office of Maps & Surveys and dated August 12, 2010.

Section 4. immediately.

4) South 89°22' West, through lands at No. 546 Jefferson Avenue, a distance of 8.0 feet to the Point or Place of Beginning.

Section 2. immediately.

This ordinance shall take effect

This ordinance shall take effect Passed unanimously.

Underlined material added.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously. Ordinance No. 2011-154 (Int. No. 196) Granting An Easement And Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Jefferson Avenue BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby grants a permanent easement for street purposes over the following described parcel and Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by dedicating the following described parcel to street purposes and adding said parcel to Jefferson Avenue: All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, being part of Lot 171 of the 20,000 Acre Tract, and being more particularly bounded and described as follows: Beginning on the easterly ROW line of Jefferson Avenue (60' ROW), at a point that is 49.5 feet northerly of the intersection of the easterly ROW line of Jefferson Avenue with the northerly ROW line of Frost Avenue (60' ROW), said point also being the true Point or Place of Beginning; thence 1) North 00°59'38" West, along said easterly ROW line of Jefferson Avenue, a distance of 21.0 feet more or less to the northwest corner of lands at No. 546 Jefferson Avenue; thence 2) South 89°22' West, along the northerly

Ordinance No. 2011-155 Re: Agreement - Clark Patterson Lee, Eastman and Genesee Riverway Urban Trails Transmitted herewith for your approval is legislation establishing $90,000 as maximum compensation for an agreement with Clark Patterson Lee for planning and preliminary design services related to the Genesee Riverway and Eastman Trails; and authorizing an agreement with the Genesee Transportation Council for the receipt and use of a Unified Planning Work Program grant of $75,000 to partially finance the agreement. The $15,000 balance of the cost of the agreement will be financed from 2009-10 Cash Capital. The Eastman Trail is proposed as an east-west connection, through the Eastman Business Park, between the City’s Genesee Riverway Trail at Kings Landing and the State’s planned Route 390 Trail in the Town of Greece. The Genesee Riverway Trail (between Kings Landing Cemetery and Turning Point Park) is largely onsidewalk within the public right-of-way; a portion is on private property through an easement. The trail is proposed to be relocated from the Lake Avenue right-of-way to the Genesee River gorge edge; the off-road segments will also be upgraded to comply with current trail design and accessibility standards. Clark Patterson Lee will provide planning and preliminary design for both the existing segment of the Genesee Riverway Trail and the proposed Eastman Trail. Planning and design will include: trail layouts and improvement plans that will consider possible alternatives and any needed property acquisitions or easements. They will

TUESDAY, MAY 24, 2011 also provide corresponding cost estimates. A request for proposals was advertised with the New York State Contract Reporter and sent directly to twenty local firms. Seven firms submitted proposals: Clark Patterson Lee; Fisher Associates; Barton & Loguidice, P.C.; RGE Landscape (New York City); Bayer Landscape Architecture (Honeoye Falls); edr Companies; and Bergmann Associates, P.C. Clark Patterson Lee was selected based upon their team qualifications, project knowledge, proposal strength, and ability to complete the project on schedule. Planning and preliminary design will begin in June 2011 and be completed in April 2012. This agreement will result in the creation or retention of the equivalent of one full-time job.

Ordinance No. 2011-156 and Ordinance No. 2011-157 Re: Agreement - Bergmann Associates, P.C., El Camino and Genesee Riverway Trails Transmitted herewith for your approval is legislation related to the El Camino: Butterhole to Seneca Park Trail and Genesee Riverway Trail Extension Project. This legislation will: 1. Establish $210,000 as maximum compensation for an agreement with Bergmann Associates, P.C., for resident project representation (RPR) services. The cost of this agreement will be financed from Federal Highway Administration Transportation Enhancement Program funding authorized in Ordinance No. 2007-354. 2. Authorize an agreement with the New York State Department of Transportation (NYSDOT), for the receipt and use of $50,000 in Multi-Modal aid. Receipt of funding is contingent upon the City’s commitment of project funding.

Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-62 Ordinance No. 2011-155 (Int. No. 197) Authorizing Agreements For The Eastman And Genesee Riverway Urban Trail Linkages Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Genesee Transportation Council for a Unified Planning Work Program Grant for the Eastman and Genesee Riverway Urban Trail Linkages Project. Section 2. The agreement shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. The sum of $90,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Clark Patterson Lee for planning and preliminary design services for the Eastman and Genesee Riverway Urban Trail Linkages Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $75,000 is hereby appropriated from funds to be received under the grant agreement authorized herein and $15,000 shall be funded from the 2009-10 Cash Capital allocation. Section 4. immediately.

Page 171

3. Amend Ordinance No. 2007-388 to change the source of funds for the amendatory design agreement ($50,000) with Bergmann Associates from NYSDOT to FHATEP funds authorized in Ordinance No. 2007354. The El Camino: Butterhole to Seneca Park Trail and Genesee Riverway Trail Extension Project includes construction of a pedestrian and bicycle trail along a former rail right-of-way, from the intersection of Mill and Brown Streets to Seneca Park; new signage; landscape improvements; and painting of and improvements to the former rail bridge over Route 104. Bids for construction were received on May 3, 2011. The apparent low bid of $1,590,250 was submitted by C.P. Ward, Inc. which is 14% less than the engineer’s estimate. Funding for the project is as follows: Funding Construction

RPR

Contingency Total

Federal TEP $1,390,250

$210,000

$109,694 $1,709,944

New York MM 50,000

0

50,000 Kodak Grant 150,000

0

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

0 0 150,000

Total $1,590,250

$210,000

$109,694 $1,909,944

Bergmann was selected from the NYSDOT list of pre-approved engineering firms to provide RPR services for this project based on their familiarity with the project, capabilities and availability of

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TUESDAY, MAY 24, 2011

their staff. RPR services will begin with project construction. It is anticipated that construction will begin in June 2011 with scheduled completion in Fall 2011. This project results in the creation or retention of the equivalent of 2.1 and 17.3 full-time consultant/professional and public works jobs, respectively.

4MA044.30A (the Project") is eligible for funding under Title 23, U.S. Code, as amended, and New York State Multi-Modal Program administered by the NYS Department of Transportation (NYSDOT); and WHEREAS, the City of Rochester desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project; and

Respectfully submitted, Thomas S. Richards Mayor

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Rochester as follows:

Attachment No. AK-63

Section 1. The Council hereby approves the El Camino: Butterhole-Seneca Park Trail Improvement Project. Ordinance No. 2011-156 (Int. No. 200)

Establishing Maximum Compensation For A Professional Services Agreement For The El Camino: Butterhole-Seneca Park Trail Improvement Project And Amending Ordinance No. 2007-388 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $210,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Bergmann Associates, P.C. for resident project representation services for the El Camino: ButterholeSeneca Park Trail Improvement Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the projects for which the services were provided. Said amount shall be funded from the Federal Highway Administration funds appropriated in Section 3 of Ordinance No. 2007-354. Section 2. Section 3 of Ordinance No. 2007388, relating to an agreement for design services for the El Camino: Butterhole-Seneca Park Trail Improvement Project, is hereby amended by changing the source of the funding in the amount of $50,000 from the New York State Department of Transportation funds appropriated in Section 6 of Ordinance No. 2007-354 to the Federal Highway Administration funds appropriated in Section 3 of Ordinance No. 2007-354. Section 3. immediately.

This ordinance shall take effect

Section 2. The Council hereby authorizes the City of Rochester to pay in the first instance 100% of the federal, state, and local share of the cost of the work for the Project or portions thereof. Section 4. The sum of $2,270,000 appropriated in Ordinance No. 2007-354 and the sum of $395,000 from the funds appropriated in Bond Ordinance No. 2005-132 are hereby made available to cover the cost of participation in the Project. Section 5. In the event the full federal, state, and local share of costs of the project exceeds the amount appropriated above, the City of Rochester shall convene as soon as possible to appropriate said excess amount immediately upon notification by the NYSDOT thereof. Section 6. The Mayor of the City of Rochester is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the City of Rochester with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible. Section 7. A certified copy of this ordinance shall be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. Section 8. immediately.

Passed unanimously. Ordinance No. 2011-157 (Int. No. 201) Authorizing The Implementation And Funding Of The El Camino: ButterholeSeneca Park Trail Improvement Project WHEREAS, a Project for the El Camino: Butterhole-Seneca Park Trail, P.I.N.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-158 and Ordinance No. 2011-159 Re: Green Fueling Stations

TUESDAY, MAY 24, 2011 Transmitted herewith for your approval is legislation related to the Green Fueling Stations, a joint project with Monroe County. This legislation will: 1. Authorize an amendatory agreement with Monroe County for additional design and the construction of the Green Fueling Station at the City’s Central Vehicle Maintenance Facility (CVMF) at Mt. Read Boulevard; 2. Authorize the issuance of bonds totaling $425,000 and the appropriation of the proceeds thereof to finance design and construction costs; and 3. Amend the 2010-11 Budget by transferring $200,000 from the Refuse fund and $100,000 from the Local Works fund to Cash Capital to partially finance project construction. The City and the County are jointly participating in the design and construction of two fueling facilities; one will be built at CVMF and owned by the City; the other will be built at the Frank E. VanLare Wastewater Treatment Plant, and owned by the County. The agreement allows for shared use of the facilities. The total project estimate is $5,314,000; the cost will be shared by both governments. The primary source of financing is a $4.251 million Federal Transportation Improvement Program Congestion Mitigation and Air Quality (CMAQ) grant, administered by the County. In addition, the County will contribute $478,350, and the City’s share is $584,650. The CVMF project includes additional features that the City must fund at 100%. The County retained Barton & Loguidice, P.C. for design, construction administration, and resident project representation services for the project. The CVMF facility is scheduled for construction in August 2011 with completion in Spring 2012. The VanLare fuel facility will be completed in late 2012. The project will provide for new underground and above-ground fuel tanks for conventional and alternative fuels, dispensing systems, supply lines, fuel lanes, fire suppression systems, fuel management systems and associated software, drainage, a spill containment system, and associated electrical work. The project also incorporates a temporary fueling system during construction to maintain fleet operations. The total cost for the CVMF complex is estimated at $3,000,000. The proposed debt issuance ($425,000) will fund the City’s required 20% CMAQ grant match for project design and construction. In February, $300,000 was appropriated for remedial activities to address petroleum contamination ineligible for the CMAQ grant (Ord. No. 2011-36). The additional appropriations requested will fund activities not eligible for

Page 173 the grant, including fuel island improvements, and construction contingency. In November 2009 (Ord. No. 2009-382), Council authorized an agreement with the County for planning and design services, and the City’s share of preliminary design costs, $75,000 (Ord. No. 2009-383). The amendatory agreement requested herein will obligate the City to reimburse the County for its share of final design and construction, not to exceed $1,100,000. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-158 (Int. No. 202) Authorizing An Amendatory Agreement With The County Of Monroe For Green Fueling Stations And Amending The 2010-11 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an amendatory agreement with the County of Monroe for design and construction services for green alternative fueling stations to service municipal fleet vehicles. The City share of the Project shall not exceed $3,000,000. Of said amount, not to exceed $1,900,000 shall be funded from a Federal grant to the County, $75,000 shall be funded from Bond Ordinance No. 2009-383, $425,000 shall be funded from a bond ordinance adopted at this meeting, and $600,000 shall be funded from the 2010-11 Cash Capital allocation as amended by Section 3 hereof and by Ordinance No. 2011-36. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Cash Capital allocation by the sum of $300,000. $200,000 is hereby appropriated from the Refuse Fund and $100,000 from the Local Works Fund to fund design and construction services for green alternative fueling stations to service municipal fleet vehicles. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-159 (Int. No. 203) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Execution And Delivery Of An Agreement Of Cooperation With The County Of Monroe And Issuance Of

Page 174 $425,000 Bonds Of Said City To Finance The Additional Cost Of The Design And Construction Of Certain Shared Green Alternative Fueling Stations BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called the “City”), is hereby authorized to finance the additional cost of the design and construction of shared green alternative fueling stations at the VanLare Plant and the City’s Central Vehicle Maintenance Facility (collectively, the “Project”). The City shall undertake a cooperative effort with the County of Monroe (the “County”) to design, develop, construct and operate the Project pursuant to the terms and provisions of an Agreement of Cooperation entered into between the City and the County in accordance with Section 119-o of the New York General Municipal Law. The current total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is approximately $5,314,000. The plan of financing includes the issuance of $425,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $75,000 bonds appropriated in Ordinance No. 2009-383 and $84,650 in current City funds, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. The County shall also contribute the sum of $478,350 to the total estimated maximum cost and federal grant funds in the amount of $4,251,000. Section 2. Bonds of the City in the principal amount of $425,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvement for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $425,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00a.5 of the Law, is thirty (30) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes

TUESDAY, MAY 24, 2011 issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation of (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Section 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing ordinance, together with a Notice attached in substantially the from prescribed by Section 81.00 of the law in “The Daily Record,” a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication.

TUESDAY, MAY 24, 2011

Page 175

Passed unanimously. Introductory No. 126A was severed from Int. No. 126 which appears with its transmittal letter on page 132 of the current Council Proceedings. Local Improvement Ordinance No.1640 (Int. No. 126A, As Amended) Local Improvement Ordinance - Care And Embellishment Of Street Malls For 2011 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. It is hereby determined that for 2011 the street malls on the following streets shall be maintained at least in accordance with minimal standards established by the Department of Environmental Services, in the following amounts: Highland Parkway Lakeview Park Total

$ [770] 1,370 [9,000] 6,600 $[9,770] 7,970

Section 2. The district of assessment for each street mall shall consist of all the parcels of property that front on the mall, or on any extension of the street or streets containing the mall up to the next intersecting street. The cost of maintenance of each street mall, in the amount set forth in Section 1, shall be apportioned among the parcels in the district based on each parcel’s footage along the street containing the mall. Section 3. Assessments for the cost of such improvements and work shall be due in one payment and shall be added to the tax rolls for the fiscal year commencing July 1, 2011. Section 4. The total cost of such improvements and work, estimated at $[9,770] 7,970, shall be charged as heretofore described in this ordinance and paid from the General Fund, and said amount, or so much thereof as may be necessary, is hereby appropriated for the aforesaid purpose. Section 5. It is hereby determined that it is impracticable to have the work described herein done by competitive contract. Therefore, contracts for the work described herein may be awarded to such qualified persons or neighborhood associations as may be selected from those located in or adjacent to the aforementioned streets and areas. Section 6. immediately.

This ordinance shall take effect

Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

Ordinance No. 2011-160 Re: Width Changes - Dewey Avenue And Driving Park Avenue Preventive Maintenance Project Transmitted herewith for your approval is legislation authorizing width changes to Driving Park Avenue for the Dewey Avenue (Driving Park Avenue to Eastman Avenue) and Driving Park Avenue (eastern RR bridge to Mt. Read Boulevard) Preventive Maintenance Project. The proposed changes are detailed in the accompanying legislation. The project includes: milling and resurfacing of the pavement; isolated pavement repairs at deteriorated pavement sections; installation of pavement markings; spot hazardous sidewalk repairs; spot curb replacement; and modification of existing handicap ramps for compliance with current ADA guidelines. The intent of the pavement width changes is to make the pedestrian crossings for the workers and visitors to the Driving Park Avenue businesses in the Ramona Street area safer. Construction should start in Summer 2011 and be completed by Fall 2011. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-64 Ordinance No. 2011-160 (Int. No. 178) Approving Changes In The Pavement Width Of Driving Park Avenue In The Vicinity Of Ramona Street BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following changes in the pavement width of Driving Park Avenue, as a part of the Dewey Avenue and Driving Park Avenue Preventive Maintenance Project: a. A decrease from an existing variable width of 44 feet to 51 feet to a width of 28 feet (a variable narrowing of 16 feet to 23 feet) from 106 feet west of Ramona Street to Ramona Street; b. A decrease from an existing width of 40 feet to a width of 25 feet (a narrowing of 15 feet) from Ramona Street to 90 feet east of Ramona Street; c. A decrease from an existing width of 40 feet to a width of 33 feet (a narrowing of 7 feet) from 90 feet east of Ramona Street to 310 feet east of Ramona Street;

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TUESDAY, MAY 24, 2011

d. A decrease from an existing width of 40 feet to a width of 25 feet (a narrowing of 15 feet) from 310 feet east of Ramona Street to 378 feet east of Ramona Street. Section 2. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. immediately.

This ordinance shall take effect

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following changes in the pavement width of the South Avenue Extension, as a part of the Capron Street and South Avenue Extension Improvement Project: a. A decrease from an existing width of 18 feet to a width of 12 feet (a narrowing of 6 feet) from Woodbury Boulevard to 15 feet south of Woodbury Boulevard;

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

b. An increase from an existing 18 foot width to a width of 20 feet (a widening of 2 feet) from the point above to 105 feet south of Woodbury Boulevard;

Ordinance No. 2011-161 Re: Width Changes - Capron Street And South Avenue Extension Improvement Project

c. A decrease from an existing width of 18 feet to a width of 12 feet (a narrowing of 6 feet) at 105 feet south of Woodbury Boulevard;

Transmitted herewith for your approval is legislation authorizing the attached geometric changes on South Avenue Extension for the Capron Street and South Avenue Extension Improvement Project. The project includes the rehabilitation of South Avenue extension and the reconstruction of Capron Street; installation of new curbs, catch basins and driveway aprons; replacement of sidewalks, lighting, and water mains, as required; and tree planting. The intent of the pavement width changes is to allow for reverse angled parking and to create a traffic flow around the dead end of South Avenue. The ability to install the requested geometrics is contingent upon receiving a Use and Occupancy permit from the New York State Department of Transportation. The western curbline of South Avenue extension currently encroaches on New York State right-of-way along and under the ramp leading to I-490 east. The installation of the proposed geometrics would increase the encroachment. A permit has been applied for and is currently under review. Pending State approvals, construction is scheduled to begin this Summer and be completed in Fall 2011. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor

d. A variable decrease from an existing variable width of 33 feet to 36 feet to a width of 33 feet (a variable narrowing of 0 to 3 feet) from the above point to Capron Street; e. A decrease from an existing width of 36 feet to a width of 13 feet (a narrowing of 23 feet) at Capron Street; f. An increase from an existing 35 foot width to a width of 44 feet (a widening of 9 feet), consisting of two 13 foot lanes divided by an 18 foot wide median, from Capron Street to 52 feet south of Capron Street; g. An increase from an existing 66 foot width to a width of 74 feet (a widening of 8 feet), consisting of two 13 foot lanes and two 20 foot parking stalls divided by an 8 foot wide median, from 52 feet south of Capron Street to 125 feet south of Capron Street; h. A decrease from an existing 66 foot width to a width of 54 feet (a narrowing of 12 feet), consisting of two 13 foot lanes and one 20 foot parking stall divided by an 8 foot wide median, from 125 feet south of Capron Street to 134 feet south of Capron Street; i. An increase from an existing 66 foot width to a width of 74 feet (a widening of 8 feet), consisting of two 13 foot lanes and two 20 foot parking stalls divided by an 8 foot wide median, from 134 feet south of Capron Street to 168 feet south of Capron Street;

Ordinance No. 2011-161 (Int. No. 179)

j. An increase from an existing 66 foot width to a width of 74 feet (a widening of 8 feet), consisting of two 13 foot lanes and one 20 foot parking stall divided by a 28 foot wide median, from 168 feet south of Capron Street to 197 feet south of Capron Street.

Approving Changes In The Pavement Width Of The South Avenue Extension From Woodbury Boulevard To Its Dead End

Section 2. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable

Attachment No. AK-65

TUESDAY, MAY 24, 2011

Page 177

modifications to such plans.

Amending The Official Map By Abandonment Of A Portion Of West Broad Street And Authorizing Its Sale

Section 3. immediately.

This ordinance shall take effect

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-162 Re: Official Map Amendment Abandonment, Broad Street

Section 1. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by changing and deleting therefrom the following described property, heretofore dedicated to street purposes and constituting a portion of West Broad Street:

Transmitted herewith for your approval is legislation amending the Official Map by authorizing the proposed abandonment and subsequent sale of a portion of West Broad Street. The abandonment was referred to the necessary agencies for comment.

All that tract of parcel of land being part of Town Lot 242, of the 100 Acre Tract, Phelps and Gorham Purchase, situated in the City of Rochester, County of Monroe, State of New York and being more particularly described as follows:

When the original Erie Canal was relocated south of the city, property owned by New York State was acquired by the City, and West Broad Street was constructed. Encroachments dating to the canal period remain, despite demolition of former buildings and the construction of a surface parking lot.

Commencing at a point on the northerly right of way line of West Broad Street, said point being the southwesterly corner of lands owned by Cascade Triangle, LLC as described in Liber 10814 of Deeds at Page 131, said point also being located inside the building at #217 West Main Street, thence

Nothnagle Realty and Cascade Triangle LLC have sought to improve a parking lot adjacent to the redevelopment of 217 West Main Street as the new Nothnagle headquarters. The improvements include the extension of a retaining wall and a decorative screening wall. The proposed abandonment of the West Broad Street right-of-way corrects an historic anomaly and ensures that the improvements are situated entirely on private property.

A) Easterly along the northerly right of way line of West Broad Street, being a curved line to the left, having a central angle of 0-06-20, a radius of 536.00 feet, and an arc length of 0.99 feet to the true point of beginning of this description, thence

This legislation also approves the sale of the Cityowned abandonment area to Cascade Triangle LLC for the sum of $4,800. The cost was established from an independent appraisal by Pogel, Schubmehl & Ferrara, LLC on November 8, 2010. The City Planning Commission, in its February 7, 2011 meeting, recommended approval of this abandonment by a vote of 6-0. Minutes of that meeting, along with the application, are attached. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the proposal is a Type II Action requiring no further environmental review. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-66 Ordinance No. 2011-162 (Int. No. 180)

1) S 20-08-01 E along the easterly wall line of the building located at #217 West Main Street a distance of 3.36 feet to a point, thence 2) N 84-30-16 E along the northerly edge of a concrete sidewalk a distance of 257.25 feet to a point, thence 3) N 20-02-0 W along the southerly extension of the easterly boundary line of lands owned by Cascade Triangle, LLC a distance of 1.25 feet to a point on the northerly right of way line of West Broad Street, said point also being the southeasterly corner of lands owned by Cascade Triangle, LLC, thence 4) S 84-48-41 W along the northerly right of way line of West Broad Street a distance of 231.15 feet to a point of curvature, thence 5) Northwesterly along the northerly right of way line of West Broad Street, being a curved line to the right, having a central angle of 250-57, a radius of 536.00 feet, and an arc length of 26.65 feet to the point of beginning, containing

Page 178

TUESDAY, MAY 24, 2011 0.011 acres of land, as shown on a map prepared by James H. Missell & Associates dated October 20, 2010.

It is anticipated the design will be completed in Summer 2011. Construction will begin in Fall 2011 with substantial completion by Summer 2012.

Section 2. The abandonment authorized herein shall take effect upon compliance by the applicant with the provisions established by the City Engineer in his recommendations of December 27, 2010.

A public hearing on the pavement width changes is required.

Section 3. Upon abandonment of the portion of West Broad Street as authorized herein, the Council hereby approves the sale of the Cityowned abandonment area to Cascade Triangle LLC for the sum of $4,800. Section 4. immediately.

This ordinance shall take effect

Passed unanimously. Councilmember Miller moved to return Int. No. 181 to Committee. The motion was seconded by Councilmember Spaull The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen: Introductory No. 181 Re: Width Change - Akron Street Group Improvement Project Transmitted herewith for your approval is legislation authorizing an increase of two feet in pavement width on Akron Street, from 20 feet to 22 feet beginning at Atlantic Avenue and ending at East Main Street. In addition to pavement width changes, this project includes pavement reconstruction, the installation of new curbs, driveway aprons, and water main. The pavement width changes were requested by residents and/or property owners along this portion of Akron Street. The project is being designed by the Department of Environmental Services, Bureau of Architecture and Engineering. No additional right-of-way is required to accommodate the changes in pavement width. Public meetings were held on April 8, 2010, December 16, 2010 and April 13, 2011; copies of the meeting minutes are attached. The pavement width changes will be presented for endorsement at the May 17, 2011 Traffic Control Board meeting.

Respectfully submitted, Thomas S. Richards Mayor Introductory No. 181 APPROVING AN INCREASE IN THE PAVEMENT WIDTH OF AKRON STREET FROM ATLANTIC AVENUE TO EAST MAIN STREET BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 2 feet, from 20 feet to 22 feet, in the pavement width of Akron Street, from Atlantic Avenue to East Main Street, as a part of the Akron Street Group Improvement Project. Section 2. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. immediately.

This ordinance shall take effect

Item held. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-163 Re: Keller Street Semi-Diverter Project Transmitted herewith for your approval is legislation authorizing a decrease of 6 feet in pavement width on Keller Street, from 20 feet to 14 feet, beginning at a point 26 feet west of the center of Garnet Street to a point 53 feet east of the center of Garnet Street. The Keller Street semi-diverter project is being designed by the City’s Department of Environmental Services, Bureau of Architecture and Engineering. In addition to the pavement width change, this project includes new curbs, a driveway apron, signs and sidewalk replacement in select areas. No additional right-of-way is required to accommodate the changes in pavement width. This work is intended as a traffic calming device on this street commonly used as a cut-through. A public meeting will be held on May 5, 2011. The meeting minutes will be forwarded to Council prior to the May 24 Council meeting. The pavement width changes were endorsed at the April 5, 2011 Traffic Control Board meeting.

TUESDAY, MAY 24, 2011 The work will be included in the 2010 Resurfacing Program, with construction beginning in Spring 2011 with substantial completion by Fall 2011. The cost of the improvements is funded from the 2005-06 Cash Capital allocation of the Department of Environmental Services. A public hearing on the pavement width change is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-67 Ordinance No. 2011-163 (Int. No. 182) Approving A Decrease In The Pavement Width Of Keller Street At Garnet Street BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a decrease of 6 feet, from 20 feet to 14 feet, in the pavement width of Keller Street, beginning at a point 26 feet west of the center of Garnet Street to a point 53 feet east of the center of Garnet Street, as a part of the Keller Street Semi-Diverter Project. Section 2. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-164, Ordinance No. 2011-165, Ordinance No. 2011-166, Ordinance No. 2011-167, Ordinance No. 2011-168, Ordinance No. 2011-169 and Ordinance No. 2011-170 Re: East Broad Street/Chestnut Street/Court Street Improvement Project Transmitted herewith for your approval is legislation related to the East Broad, Chestnut and Court Street Improvement Project. This legislation will: 1. Establish $600,000 as maximum compensation for an agreement with Clark Patterson Lee for Resident Project Representation (RPR) services; 2. Authorize the issuance of bonds totaling $4,033,000 and the appropriation of the proceeds thereof to finance the cost of the street

Page 179 improvements; 3. Authorize the issuance of bonds totaling $608,000 and the appropriation of the proceeds thereof to finance the cost of the water improvements; 4. Authorize the acquisition of portions of three parcels of land at from the Rochester Urban Renewal Agency (RURA) for dedication as street right-of-way. The parcels to be acquired for $1 are portions of properties at 50 and 66 Broadway Street, and 414 East Broad Street as described on the attached map and legal descriptions; 5. Authorize an amendment to the RURA parking lot lease to reflect the loss of parking spaces resulting from the acquisitions above; 6. Authorize acquisition, by negotiation or condemnation, of five in-fee and two temporary easements for street purposes as part of the project; and 7. Authorize a change in the direction of traffic flow on East Broad Street between Broadway and Chestnut Street from one-way westbound to two-way. Design of the project by Dewberry-Goodkind was authorized in October 2007 (Ord. No. 2007-387), and amended in August 2010 (Ord. No. 2010304). After Dewberry-Goodkind closed their local office the design agreement for this project was transferred to Clark Patterson Lee. An amendatory agreement with Clark Patterson Lee was authorized in November 2010 (Ord. No. 2010-396). Pavement width changes within the project were approved by Council at the February 2011 meeting (Ord. No. 2011-34). The project includes the rehabilitation or reconstruction of pavement; installation of new curbs, catch basins and driveway aprons; replacement of sidewalks, lighting, traffic signals and water mains, as required; and tree planting. A roundabout is proposed for the intersection of Court Street, Broad Street, Broadway, and Manhattan Square Drive. Converting Broad Street to twoway traffic within the project limits will improve traffic flow. It is anticipated that two-way traffic on Broad Street will be extended to the west as part of the infrastructure improvements related to the Midtown Redevelopment Project. Bids for construction were received on April 19, 2011. The apparent low bid of $4,211,163 was submitted by C.P. Ward, Inc. which is 6.3% more than the engineer’s estimate. An additional $251,300 will be allocated for project contingencies which include street lighting and acquisition costs. The costs for the categories of work for the project based upon the bid amount are as follows:

Page 180

TUESDAY, MAY 24, 2011

Category Construction

RPR

Contingency Total

Street $3,043,971

$432,000

$557,029 $4,033,000

Water 487,496

72,000

County Traffic 679,696 Total $4,211,163

96,000 $600,000

608,000

A public hearing for the change in direction of traffic on Broad Street is required.

844,000

Construction is scheduled to begin in June 2011 and be completed in September 2012.

48,504 68,304 $673,837 $5,485,000

Clark Patterson Lee was selected to perform RPR services based on its familiarity, expertise and staffing assigned to the project. Property Acquisitions The values of the acquisitions, listed below, were established by independent appraisals from Midland Appraisal Associates, Inc. Address Owner Sq. Ft. Value 131 Chestnut Street Xerox Corporation 624 SF $10,600 100 Chestnut Street RAM Properties, LLC 66 SF $1,125 100 Chestnut Street RAM Properties, LLC 82 SF $120 131 Chestnut Street Xerox Corporation 31 SF $500 100 Chestnut Street RAM Properties, LLC 115 SF $1,955 100 Chestnut Street RAM Properties, LLC 1804 SF $2,700

It is estimated that five or six spaces will be required for the project. The amended lease amount will become effective when the City of Rochester requires use of the land during project construction. All other terms of the lease agreement will remain unchanged.

This project will result in the creation or retention of the equivalent of 6.5 full-time professional services jobs, and 45.8 full-time public works jobs. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-68 Ordinance No. 2011-164 (Int. No. 204)

Fee

Establishing Maximum Compensation For A Professional Services Agreement For The East Broad Street/Chestnut Street/Court Street Improvement Project

Fee

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Type

Temporary Easement Fee Fee Temporary Easement

463 E Broad Street Southeast Loop Area Three B Part 1A Houses, Inc 2015 SF $34,300 Fee The parcels are required for construction of sidewalks, and the temporary easements are required to construct features related to the improvement project. The cost of the acquisitions, and the associated closing costs, will be financed from the proposed street improvement bond. RURA parcels and lease The parcels to be donated are currently leased to Benderson Development Company LLC under terms of a lease agreement approved by RURA Resolution 2008-7 and Rochester City Council Ordinance No. 2008-311. This legislation will authorize an amendment to that lease reducing the lease amount on a pro-rata basis, depending on the number of parking spaces lost to the project.

Section 1. The sum of $600,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Clark Patterson Lee for resident project representation services for the East Broad Street/Chestnut Street/Court Street Improvement Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the projects for which the services were provided. Of said amount, $432,000 shall be funded from a bond ordinance adopted for street purposes, $72,000 shall be funded from a bond ordinance adopted for water purposes, and $96,000 shall be funded from the 2009-10 Cash Capital allocation. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-165 (Int. No. 205) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $4,033,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The East Broad Street/Chestnut Street/Court Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

TUESDAY, MAY 24, 2011 Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of the construction and reconstruction of certain streets and related public improvements as a part of the East Broad Street/Chestnut Street/Court Street Improvement Project in the City (the "Project"). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $4,033,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $4,033,000 bonds of the City, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $4,033,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in an amount not to exceed the estimated maximum cost. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of 11.00 a. 20(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the author-

Page 181 ization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-166 (Int. No. 206) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $608,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The East Broad Street/Chestnut Street/Court Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of reconstruction of certain water mains related to the East Broad Street/Chestnut Street/Court Street Improvement Project in the City (the "Project").

Page 182 The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $608,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $608,000 bonds of the City to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $608,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $608,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for

TUESDAY, MAY 24, 2011 substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. Ordinance No. 2011-167 (Int. No. 207) Approving An Amendment To The Lease By The Rochester Urban Renewal Agency Of 52 Broadway In The Southeast Loop Urban Renewal Project, NYR-175 WHEREAS, the City Council, by Ordinance No. 2008-311 approved the lease by the Rochester Urban Renewal Agency (hereinafter called “Agency”) to Benderson Development Company, Inc. (hereinafter called “Redeveloper”) of several parcels collectively referred to as 52 Broadway (hereinafter called the “Parcel”) in the Southeast Loop Urban Renewal Project, NYR-175, for parking lot use for three years, with two one-year renewal options; and WHEREAS, portions of said Parcel are needed for the East Broad Street/Chestnut Street/Court Street Improvement Project; and WHEREAS, the lease will be amended to reduce the size of the Parcel and reduce the amount of rent on a pro-rata basis, depending on the number of parking spaces lost.

TUESDAY, MAY 24, 2011

Page 183

NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendment to the lease of said Parcel by the Agency to reduce the size of the Parcel and reduce the amount of rent on a pro-rata basis, depending on the number of parking spaces on the portions of the Parcel needed for the East Broad Street/Chestnut Street/Court Street Improvement Project. Section 2. immediately.

Temporary Easement

131 Chestnut Street Xerox Corporation 31 SF $500

Fee

100 Chestnut Street RAM Properties, LLC 115 SF $1,955

Fee

This ordinance shall take effect 100 Chestnut Street RAM Properties, LLC 1804 SF $2,700

Passed unanimously. Ordinance No. 2011-168 (Int. No. 208) Authorizing The Acquisition Of Parcels From The Rochester Urban Renewal Agency BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of portions of the parcels at 50 Broadway, 66 Broadway and 414 East Broad Street from the Rochester Urban Renewal Agency for the sum of $1.00 for the East Broad Street/Chestnut Street/Court Street Improvement Project. Section 2. immediately.

100 Chestnut Street RAM Properties, LLC 82 SF $120

This ordinance shall take effect

Passed unanimously. Ordinance No. 2011-169 (Int. No. 209, As Amended) Authorizing The Acquisition By Negotiation Or Condemnation Of Temporary Easements And Parcels For The East Broad Street/Chestnut Street/Court Street Improvement Project And Amending Ordinance No. 2010-133 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of the following fees and temporary easements for street purposes as a part of the East Broad Street/Chestnut Street/Court Street Improvement Project: Address Owner Sq. Ft.

Value

Temporary Easement

463 E Broad Street Southeast Loop Area Three B Part 1A Houses, Inc 2015 SF $34,300 Fee Section 2. The acquisitions shall obligate the City to pay an amount not to exceed $51,300, and said amount, or so much thereof as may be necessary, and necessary closing costs, shall be funded from a bond ordinance adopted for street purposes for this Project. Section 3. In the event that said fees and easements cannot be acquired by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said fees and easements. In the event of condemnation, the amounts set forth herein for the acquisitions shall be the amounts of the offers. Nothing in this ordinance shall be deemed to limit in any way the liability of the City for further claims arising from the acquisition of said fees and easements pursuant to the Eminent Domain Procedure Law. Section 4. Ordinance No. 2010-133, relating to the acquisition of parcels and easements for the Mt. Hope Avenue Phase I Improvement Project, as amended, is hereby further amended by amending Section 1 thereof by reducing the square footage for the taking at 1256 Mt. Hope Avenue from 777 to 263, by amending Section 3 thereof by reducing the square footage for the temporary easement at 1256 Mt. Hope Avenue from 1852 to 560, by amending Section 6 thereof to change the amount of the acquisition costs from not to exceed $2,393,000 to not to exceed $2,335,200 and the amount of the closing costs from not to exceed $141,000 to not to exceed $198,800, and by amending Section 4 thereof to obligate the City to pay the amounts to owners or owners and tenants, and by amending the amounts for the following properties:

Type

131 Chestnut Street Xerox Corporation 624 SF $10,600

Fee

100 Chestnut Street RAM Properties, LLC 66 SF $1,125

Fee

Owner

Amount

University of Rochester Berkshire Rochester Ltd Part. Mihalitsas Income Ltd Partnership Jeffrey Solomon Paul R. Dean, Jr.

$461,800 139,000 25,400 132,800 6,900

Page 184 Section 5. immediately.

TUESDAY, MAY 24, 2011 This ordinance shall take effect

Underlined material added. Passed unanimously. Ordinance No. 2011-170 (Int. No. 210) Changing The Traffic Flow On East Broad Street From Broadway To Chestnut Street From One-Way Westbound To Two-Way BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a change in the traffic flow of East Broad Street from Broadway to Chestnut Street from one-way westbound to two-way. Section 2. immediately.

This ordinance shall take effect

Passed unanimously. By Councilmember McFadden May 24, 2011 To the Council: The Public Safety, Youth & Recreation Committee recommends for adoption the following entitled legislation: Int. No. 183 - Establishing Maximum Annual Compensation For A Professional Services Agreement For The 911 Center Telephone Systems Int. No. 184 - Authorizing An Agreement With The County Of Monroe For Traffic Signal PreEmption Maintenance Int. No. 185 - Establishing Maximum Compensation For A Professional Services Agreement For The Rochester Teen Court

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-171 Re: Agreement - Frontier Telephone Of Rochester, 9-1-1 Telephone Maintenance Transmitted herewith for your approval is legislation establishing $165,000 as maximum annual compensation for a two-year agreement with Frontier Telephone of Rochester, Inc. for continued repair and maintenance of the telephone system at the Emergency Communications Center. The cost of this agreement will be financed from the 2011-12 and subsequent annual budgets of the Emergency Communications Department. The telephone system for the Emergency Communications Center was installed by Rochester Telephone Corporation (Frontier’s predecessor) under an agreement with Monroe County, which had responsibility for the provision of all telecommunications equipment and systems for the Center. The most recent agreement for these services was approved by City Council on April 15, 2008 in Ordinance No. 2008-158. Under the agreement, Frontier will continue to: 1. Perform preventive maintenance monthly, including the analysis of power supply voltages, circuit modules, internal data links and system alarms; 2. Test on-site and off-site backup systems semiannually; 3. Perform unscheduled service as required, including diagnosis, adjustment, repair or replacement of equipment and systems; 4. For a critical system outage, contact the City within 30 minutes of notification and be on site within two hours of the contact; 5. For a major system outage, contact the City within 30 minutes of notification and be on site within four hours of the contact; and

Int. No. 186 - Authorizing An Agreement For The Operation Impact Warrant Initiative And Amending The 2010-11 Budget

6. For a system malfunction, respond within 24 hours of notification.

Int. No. 187 - Establishing Maximum Compensation For A Professional Services Agreement For Youth Programs

The cost of this proposed agreement will be reimbursed by Monroe County under the 9-1-1 operating agreement authorized by the City Council on June 20, 2007.

Respectfully submitted, Adam C. McFadden Matt Haag Jacklyn Ortiz Lovely A. Warren Elaine M. Spaull (Abstained on Int. No. 185) PUBLIC SAFETY, YOUTH & RECREATION COMMITTEE Received, filed and published.

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-171 (Int. No. 183) Establishing Maximum Annual Compensation For A Professional Services Agreement For The 911 Center Telephone Systems

TUESDAY, MAY 24, 2011 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $165,000, or so much thereof as may be necessary, is hereby established as the annual compensation to be paid for a professional services agreement between the City and Frontier Telephone Company for repair and maintenance of the telephone systems at the 911 Emergency Communications Center for a term not to exceed two years. Said amount shall be funded from the 2011-12 and subsequent Budgets of the Emergency Communications Department, contingent upon adoption of said budgets. Section 2. immediately.

This ordinance shall take effect

Page 185 enter into an agreement with the County of Monroe for the maintenance and repair of traffic signal pre-emption equipment within the City. The agreement shall extend for a term of five years beginning January 1, 2011, with five additional five-year renewals upon mutual consent. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $18,600 annually, and said amounts shall be funded from the 2010-11 and subsequent Budgets of the Rochester Fire Department, contingent upon the adoption of subsequent budgets. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Passed unanimously.

Section 4. immediately.

TO THE COUNCIL Ladies and Gentlemen:

Passed unanimously.

Ordinance No. 2011-172 Re: Agreement - Monroe County, Traffic Signal Pre-Emption Equipment Maintenance Transmitted herewith for your approval is legislation establishing $18,600 as maximum annual compensation for a five-year agreement with Monroe County to provide annual maintenance and repair of traffic signal pre-emption equipment. The cost will be financed from the annual Budget of the Fire Department beginning with 2010-11. The pre-emption system enables emergency vehicles to change traffic signals in order to clear an intersection when necessary. This reduces response times and increases safety for vehicles approaching the intersection. This equipment was purchased by the Rochester Fire Department approximately seven years ago and was installed at 337 intersections throughout the city. The equipment is no longer under warranty and the County has agreed to continue routine maintenance of the equipment which is installed in County-owned traffic signals. The agreement will be for five years starting as of January 1, 2011, with the option of five five-year renewals. Respectfully submitted, Thomas S. Richards Mayor

This ordinance shall take effect

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-173 Re: Agreement - The Center for Youth, Teen Court Transmitted herewith for your approval is legislation establishing $50,000 as maximum compensation for an agreement with the Center for Youth to provide administrative services to Rochester Teen Court. The cost of this agreement will be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. This agreement will cover the period of January 1, 2011-December 31, 2011. Rochester Teen Court is a community-based prevention and intervention program that promotes peer justice and reinforces youth responsibility while educating youth about the judicial process. One of the first teen courts in New York State, the Rochester court handles truancy and traffic matters. The court also, uniquely, handles arrests for violations and crimes under the New York Penal Law. Teen Court, historically funded solely by the City, is now accepted as a community resource, to be supported by several agencies. Currently, support is offered by the following: Agency Support

Ordinance No. 2011-172 (Int. No. 184) Authorizing An Agreement With The County Of Monroe For Traffic Signal Pre-Emption Maintenance BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to

County Court (NYS Office of Court Adm.) Facilities, utilities, office supplies, security City School District $50,000 New York Bar Foundation $2,500 Monroe County Bar Assn. Foundation $9,000 Young Lawyers - Monroe County Bar Assn. $4,000

Page 186

TUESDAY, MAY 24, 2011

Individual donations Wearing apparel for participants Judges and attorneys Volunteer time and expertise With the commitment from participating agencies and volunteers to seek additional funding sources, this will be the last year of transitional funds. Other funders will take on full financial responsibility after this year. A project description and budget are attached.

the Monroe County Sheriff’s Office and Office of Probation and Community Corrections to target violent felons, persistent offenders and sex offenders in order to get these criminals off the street. The term for use of these funds is May 1, 2011 through October 31, 2011. The City received funding from DCJS for a similar initiative in 2010. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-174 (Int. No. 186)

Respectfully submitted, Thomas S. Richards Mayor

Authorizing An Agreement For The Operation Impact Warrant Initiative And Amending The 2010-11 Budget

Attachment No. AK-69 Ordinance No. 2011-173 (Int. No. 185) Establishing Maximum Compensation For A Professional Services Agreement For The Rochester Teen Court BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and the Center for Youth for administrative services for the Rochester Teen Court for 2011. Said amount shall be funded from the 2010-11 Budget of the Department of Recreation and Youth Services. Section 2. immediately.

This ordinance shall take effect

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the New York State Division of Criminal Justice Services for funding for the Operation Impact Warrant Initiative. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Police department by the sum of $15,000, which amount is hereby appropriated from the funds to be received under the grant agreement authorized herein.

Passed by the following vote:

Section 4. immediately.

This ordinance shall take effect

Ayes - President Warren, Councilmembers Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 7.

Passed unanimously.

Nays - Councilmember Conklin - 1.

TO THE COUNCIL Ladies and Gentlemen:

Councilmember Spaull abstained. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-174 Re: Agreement - New York State Division Of Criminal Justice Services Grant Transmitted herewith for your approval is legislation authorizing an agreement with the New York State Division of Criminal Justice Services (DCJS) for the receipt and use of a grant of up to $15,000 for the Operation Impact Warrant Initiative and amending the 2010-11 Budget of the Police Department to reflect the grant. The Warrant Initiative is a special award of $15,000 to reimburse the City for overtime for research and vetting of warrants to be issued, and overtime for conducting joint details along with

Ordinance No. 2011-175 Re: Agreement - Baden Street Settlement Of Rochester, Inc. Transmitted herewith for your approval is legislation establishing $81,088 as maximum compensation for an agreement with Baden Street Settlement of Rochester, Inc. to provide a program coordinator for the After School in the Parks and the summer Art Smart Camp programs, and youth employment and payroll services for the Junior Recreation Leaders and Biz Kid$ Real participants. The cost of the agreement will be funded from the 2010-11 ($32,000) and 2011-12 ($49,088) budgets of the Department of Recreation and Youth Services. After School in the Parks is a fee-for-service program offered by the City. The program provides care from 3-6:30 pm, Monday-Friday, for

TUESDAY, MAY 24, 2011 - TUESDAY, JUNE 7, 2011 35 city students between the ages of 6 and 13 at a cost of $55 per week. The program also offers care during both the February and April school recess weeks from 9 a.m. to 5 p.m. for $115 per week. Art Smart Camp is a nine week, full-day summer camp program with capacity for 60 participants. The cost per participant per week is $85. Both programs are held at Lake Riley Lodge. The program coordinator position is currently a ten-month Baden employee and two-month (summer) City seasonal employee. This agreement will provide funds for a year-round position at Baden. The Coordinator will be responsible for the following services at both sites: program development and oversight, staff recruitment and training, coordination with FoodLink and other agencies including licensing agencies, contact with parents, and direct child care service coverage for staff absences. Total cost of this position, including salary, fringe and administrative costs, is $48,115. The Bureau of Recreation operates Biz Kid$ Real and the Junior Recreation Leadership work readiness programs. Biz Kid$ is an entrepreneurial program that teaches basic business skills and encourages youth enterprise. Biz Kid$ Real is an extension of the program that provides in-depth entrepreneurial education and experience. Since 2001, the Jr. Recreation Leader Program has provided job readiness for fifteen City youth ages 14 and 15. For both programs, youth are trained and complete six-month internships and are then hired as part-time youth employees during the summer. Baden will provide payroll services for 21 youths aged 14 and 15 participating in these programs. Total cost for these services is $32,973. The term of this agreement will be June 25, 2011 to June 24, 2012.

Page 187 Recreation and Youth Services, contingent upon adoption of the latter budget. Section 2. immediately.

This ordinance shall take effect

Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Spaull - 8. Nay - None - 0. Councilmember Spaull abstained. The meeting was adjourned at 8:50 p.m. DANIEL B. KARIN City Clerk ***** SPECIAL MEETING JUNE 7, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9 Absent - None - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE COUNCIL Ladies and Gentlemen:

Respectfully submitted, Thomas S. Richards Mayor

Ordinance No. 2011-176 Re: Voluntary Retirement Incentive Plan Ordinance No. 2011-175 (Int. No. 187)

Establishing Maximum Compensation For A Professional Services Agreement For Youth Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $81,088, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Baden Street Settlement of Rochester, Inc. for a program coordinator for the After School in the Parks Program and the Summer Art Smart Camp at Lake Riley Lodge and for youth employment and payroll services for the Junior Recreation Leader and Biz Kid$ Programs. Of said amount, $32,000 shall be funded from the 2010-11 and $49,088 from the 2011-12 Budgets of the Department of

Transmitted herewith for your approval is legislation authorizing the implementation of a one-time Voluntary Retirement Incentive Plan (VRIP) to minimize the impact of impending layoffs resulting from personnel eliminations in the proposed 2011-12 Budget and to encourage future savings in the form of workforce restructuring. Increasing pension and health care costs accompanied with reduced revenues from State Aid and other sources have created a need for the City to address on-going structural deficits. The VRIP is expected to produce opportunities not only for workforce reduction but also opportunities for improving diversity amongst the City’s workforce, primarily in the Police and Fire Departments. Under the terms of this VRIP, participants eligible to retire with a minimum defined years service would receive a one-time lump sum payment of $15,000 upon retirement in addition to

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their requisite payments for accumulated vacation or other time banks in accordance with their applicable collective bargaining agreement or employment terms. Terms of the incentive have been negotiated with the Locust Club, IAFF, and AFSCME and corresponding Memorandums of Agreement have been executed contingent upon approval of this VRIP by Council. The required years of service and estimate of the number of eligible individuals are shown below. The City has made its best effort to determine the number of individuals eligible. However, there may be additional individuals with prior service credit from other municipalities. Years of Service

Group Civilian – AFSCME, APT, Confidential, etc. 30 years Fire 30 years Police 25 years

Estimated Employees Eligible 80 26 59

Upon City Council approval, the Bureau of Human Resource Management (BHRM) will conduct an information campaign to employees indicating the eligibility requirements and the process for applying for retirement and the lump sum incentive payment. Arrangements are being made with the New York State Retirement System to conduct special informational meetings for employees regarding the retirement application process and benefits. The “election period” during which an employee will be able to file notice of their intended retirement and irrevocable letter of resignation is expected to begin immediately following the BHRM information campaign. Eligible civilians will be required to apply for the incentive and file for retirement during the election period of June 9 - June 30, 2011. The “open period” for civilians during which retirement must occur is between July 9, 2011 and July 29, 2011. The election period for Fire and Police will be June 15 - September 14, 2011 with an open period of September 15 - October 14, 2011. The incentive will expire on July 1, 2011 for civilians and on September 16, 2011 for Fire and Police. Implementation of the VRIP shall have no precedential effect. In an effort to address succession planning, Department Heads may appeal to the Mayor for a deferral of retirement through June 30, 2012 for individuals in civilian positions deemed to be “mission critical.” Upon evaluation and approval by the Mayor, individual agreements may be executed for these employees, allowing them to access the lump-sum incentive but extend their required retirement effective date. This exception will be available for civilian positions only, and is intended for extremely limited use in unique circumstances. The anticipated total cost of the VRIP, including the incentive award and payments for time banks, is approximately $7.4 million. This one-time expense will be funded primarily through the use of the Retirement Reserve Fund as provided by

Section 6-42 of the City Charter. The current fund balance in the Retirement Reserve Fund is approximately $16.4 million. Detailed information regarding participation and expenses will be provided to Council for the civilian VRIP in August 2011, and for uniformed employees in November 2011. Once final participation and subsequent costs are determined, it will be necessary to amend the Budget to transfer funds from the Retirement Reserve Fund. It is also anticipated that the City will provide a preliminary report on the future savings realized as a result of the VRIP in November 2011, with a final report available in May 2012. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-176 (Int. No. 213) Authorizing A Voluntary Retirement Incentive Plan BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby authorizes the Mayor to establish a Voluntary Retirement Incentive Plan to minimize the impact of impending layoffs resulting from personnel eliminations in the proposed 2011-12 Budget and to encourage future savings in the form of workforce restructuring. Participants eligible to retire with the following minimum years of service shall receive a one-time lump sum payment of $15,000 upon retirement in addition to their requisite payments for accumulated vacation or other time banks in accordance with their applicable collective bargaining agreement or employment terms: Group Civilian – AFSCME, APT, Confidential, etc. Fire Police

Years of Service 30 years 30 years 25 years

Eligible civilians shall be required to apply for the incentive and file for retirement between June 9, 2011 and June 30, 2011, and retire between July 9, 2011 and July 29, 2011. Sworn members of the Fire and Police Departments shall be required to apply for the incentive and file for retirement between June 15, 2011 and September 14, 2011, and retire between September 15, 2011 and October 14, 2011. The incentive shall expire on July 1, 2011 for civilians and on September 16, 2011 for sworn members of the Fire and Police Departments. Implementation of the Voluntary Retirement Incentive Plan shall have no precedential effect. The Mayor may allow for deferral of retirement until no later than June 30, 2012 for civilian positions deemed to be mission critical through a request from a Department Head, but application for the same must be made between June 9, 2011 and June 30, 2011.

TUESDAY, JUNE 7, 2011 Section 2. immediately.

This ordinance shall take effect

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-177 Re: Bond Authorization - Rochester School District Facilities Modernization Program Transmitted herewith for your approval is legislation authorizing the issuance of bonds in the amount of $29,000,000 to finance portions of the Phase I Projects of the School District Facilities Modernization Program (FMP), including: preliminary engineering and design work, program management services, and related and ancillary costs pertaining to the school building projects. The FMP is directed by the Rochester Joint Schools Construction Board. This legislation is contingent upon: • New York State legislation exempting any debt issued for the Facilities Modernization Program being considered “debt” for purposes of the Maintenance of Effort legislation; and • Receipt of a resolution from the Board of Education that includes: ◦ Authorization of bonds in the same amount for the FMP ◦ Obligation of the District to pay the debt service and any interest ◦ Obligation of the District to repay the bonds The Rochester Joint Schools Construction Board (RJSCB) was created by Chapter 416 of the Laws of 2007 of the State of New York for the design (“the Act”), reconstruction, or rehabilitation of school buildings (collectively, the “Phase I Projects”). The legislation provided for a maximum cost and bond authorization of up to $325 Million. The Phase I Projects include the following 12 buildings and a District-Wide Technology Project: Charlotte High School; East High School; Edison Technical High School; Enrico Fermi School No. 17; Franklin High School; Henry Hudson School No. 28; Helen Barrett Montgomery School No. 50; James P.B. Duffy School No. 12; James Monroe High School; John Williams School No. 5; Thomas Jefferson High School; and World of Inquiry School No. 58. Bond Anticipation Notes (BANs) to be issued by the City will mature before or at the legally maximum period of one year. This will provide temporary financing to pay costs for the Facilities Modernization Program until the long-term fi-

Page 189 nancing bonds are issued (within the parameters of the Act). At that time the New York State Education Department will have determined the amount of State Building Aid to be reimbursed on these projects, and the timing and amount of that annual inflow of aid can be matched more closely to the debt service payments on long-term bonds. It is anticipated that the Rochester Joint Schools Construction Board will issue bonds through COMIDA, and those proceeds will be used to pay off the BANs proposed herein. All costs related to issue the bonds and interest, as well as repayment of the bonds, will be the responsibility of the District. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-177 (Int. No. 243, As Amended) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $29,000,000 Bonds Of Said City To Finance The Preliminary Costs Of Reconstruction Of Various Public School Buildings Within The City As Part Of The Rochester City School District Facilities Modernization Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance portions of the Phase I Projects of the Rochester City School District Facilities Modernization Program (FMP), including, but not limited to preliminary engineering and design work, program management services, and related and ancillary costs relating to the reconstruction of public school buildings within the City. A list of specific improvements at specified schools included in Phase I shall be filed in Office of the Director of Finance. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is currently estimated at $29,000,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $29,000,000 bonds of the City, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $29,000,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto.

Page 190 Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $29,000,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The existing buildings are of Class "A" construction (with the exception of School 58 which is of Class “B” construction) as defined by Section 11.00 a.11(a) and (b) of the Local Finance Law, and the period of probable usefulness of said specific objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.12(a)(1) and (2) of the Law, is twenty (20) years. A specific list of all such costs of construction and renovation is on file with the City in the Office of the Director of Finance. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

TUESDAY, JUNE 7, 2011 - TUESDAY, JUNE 14, 2011 (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. The proceeds of these bonds shall be appropriated to pay the cost of such purpose on the condition subsequent that State aid paid to the City or the City School District with respect to such bonds applied solely to meet debt service on such bonds shall not invalidate any obligations issued pursuant to this ordinance or any appropriation of proceeds of such bonds made pursuant to this ordinance. Section 9. This ordinance shall be contingent upon approval of the bonding by the Board of Education of the Rochester City School District and approval by the State of an amendment to the Rochester School Facilities Modernization Program Act, Chapter 416 of the Laws of 2007, providing that payment of debt service on any bonds, notes or other obligations issued to finance projects undertaken pursuant to said Act shall not be considered debt service payments of the City School District for purposes of the Maintenance of Effort legislation, subdivision 5-b of section 2576 of the Education Law. Section 10. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Underlined material added. Passed unanimously. The meeting was adjourned at 12:50 p.m. DANIEL B. KARIN City Clerk ***** PUBLIC HEARING MEETING CITY/CITY SCHOOL DISTRICT BUDGETS JUNE 14, 2011 5:30 P.M. Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9.

TUESDAY, JUNE 14, 2011 - TUESDAY, JUNE 21, 2011 Absent - None - 0. The Council President requested the Council to rise for A Moment of Silence. Pledge of Allegiance to the Flag of the United States of America.

Page 191 APPROVAL OF THE MINUTES By Councilmember McFadden RESOLVED, that the minutes of the Regular Meeting of May 24, 2011 be approved as published in the official sheets of the Proceedings. Passed unanimously.

PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter.

COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS.

Adoption Of The Budget Estimates For Municipal Purposes For The 2011-12 Fiscal Year, Appropriation Of Sums Set Forth Therein And Approving Commercial Refuse Fees Int. No. 259 4 speakers: Jeff Goldblatt, Bill Gerling, Alex White, Carolyn Lee-Davis.

None presented.

Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012 Int. No. 263 No speakers.

PUBLIC HEARINGS.

Local Improvement Ordinance - Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1, 2011 And Expiring June 30, 2012 Int. No. 264 No speakers.

PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. None presented.

Pursuant to law public hearing will now be had on the following matter: Authorizing The Sale Of Cultural Center Commission And City Parcels To The University Of Rochester Int. No. 223 No speakers. Amending The 2010-11 Consolidated Community Development Plan And Ordinance No. 2010361 Relating To The Frederick Douglass Apartments Project Int. No. 233 No speakers.

Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012, And Appropriation Of Sums Set Forth Therein Int. No. 260 3 speakers: David Fraser, Lori Thomas, Steve Rebholz.

Approving The Consolidated Community Development Plan/2011-12 Annual Action Plan Int. No. 247 No speakers.

The meeting was adjourned at 6:34 p.m.

Authorizing Amendatory Community Development Program Plans And Amending Ordinances Int. No. 250 No speakers.

Daniel B. Karin City Clerk ***** REGULAR MEETING JUNE 21, 2011 Present - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 9

Approving Changes In The Pavement Width Of Joseph Avenue, Clifford Avenue, St. Bridget’s Drive, Genesee Street, Carter Street, And The Alignment Of The Carter Street And Portland Avenue Intersection As Part Of The Safe Routes To Schools Project Int. No. 237 No speakers. Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Carter Street Int. No. 238 No speakers.

Absent - None - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Emergency Communications Theresa Perkins Fire Department *Gregory J. Hart *Did not attend meeting.

Local Improvement Ordinance - Areaway Abandonment At 238-242 South Avenue As A Part Of The Capron Street And South Avenue Extension Improvement Project Int. No. 272 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Conklin June 21, 2011 To the Council: The Finance Committee recommends for adoption

Page 192 the following entitled legislation: Int. No. 214 - Amending The Municipal Code with Respect To The Designation Of Depositories Int. No. 215 - Resolution Approving An Appointment To The Rochester Public Library Board Of Trustees Int. No. 216 - Authorizing Competitive Grant Applications Int. No. 217 - Establishing Maximum Compensation For An Amendatory Agreement For The Restoration Of A Mural

TUESDAY, JUNE 21, 2011 Int. No. 265 - Amending The Municipal Code With Respect To Water Rates Int. No. 266 - Local Law Amending The City Charter With Respect To The 311 Call Center Int. No. 267 - Amending The Municipal Code With Respect To Special Events Parking And Fees For Marriages And Funding For The Arts, As Amended Int. No. 268 - Resolution Approving The 201112 Debt Limit For General Municipal Purposes

Int. No. 218 - Authorizing Extension Of An Amendatory Professional Services Agreement For Management Training

Respectfully submitted, Carolee A. Conklin Jacklyn Ortiz Loretta C. Scott Elaine M. Spaull FINANCE COMMITTEE

Int. No. 219 - Establishing Maximum Compensation For Professional Services Agreements For City Employee Training

Received, filed and published

Int. No. 220 - Establishing Maximum Compensation For A Professional Services Agreement For Fireworks Int. No. 221 - Establishing Maximum Compensation For An Agreement For The Puerto Rican Festival Int. No. 245 - Approving The Commitment Of Reserve Funds Int. No. 253 - Authorizing An Agreement For The Purchase Of Advertising Int. No. 258 - Amending The 2010-11 Budget Int. No. 259 - Adoption Of The Budget Estimates For Municipal Purposes For The 2011-12 Fiscal Year, Appropriation Of Sums Set Forth Therein And Approving Commercial Refuse Fees Int. No. 260 - Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012, And Appropriation Of Sums Set Forth Therein Int. No. 261 - Levying Taxes For Municipal Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012 Int. No. 262 - Levying Taxes For School Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012 Int. No. 263 - Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012, As Amended Int. No. 264 - Local Improvement Ordinance Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1, 2011 And Expiring June 30, 2012

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-178 Re: City Code Amendment - Depositories Transmitted herewith for your approval is legislation amending the City Code to add First Niagara Bank to the list of financial institutions designated as depositories for City funds. The designation by the City Council of depositories is required by section 6-22 of the City Charter and section 39 of the NYS General Municipal Law. The most recent designation change with respect to financial institutions occurred April 15, 2008. Current designated depositories, and their respective allowable maximum deposit amounts, include: JP Morgan Chase Bank, N.A. HSBC Bank, USA Bank of America Manufacturers & Traders Trust Co. Key Bank Citizens Bank

$250 million $225 million $175 million $150 million $150 million $150 million

As of its most recent Form 10-K, First Niagara’s assets are $21.083 billion with equity of $2.765 billion. Adding First Niagara also enhances the City’s competitive rate environment. The proposed maximum deposit limit to be established with First Niagara is $150 million. Respectfully submitted, Thomas S. Richards Mayor Ordnance No. 2011-178 (Int. No. 214) Amending The Municipal Code With Respect To The Designation Of Depositories BE IT ORDAINED, by the Council of the City

TUESDAY, JUNE 21, 2011 of Rochester as follows: Section 1. Section 8-9 of the Municipal Code, Designation of Depositories, as amended, is hereby further amended by adding the following depository to the end of the chart therein: Depository Name First Niagara Bank

Maximum Amount $150,000,000

Page 193 Public Library Board of Trustees for a term which shall expire on December 31, 2015. Ms. Salluzzo shall replace H. Allen Spencer, whose term has expired. Section 2. This resolution shall take effect immediately. Adopted unanimously.

Section 2. This ordinance shall take effect immediately.

TO THE COUNCIL Ladies and Gentlemen:

Passed by the following vote:

Ordinance No. 2011-179 Re: Competitive Grant Applications Fiscal Year 2011-12

Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Councilmember Haag abstained. TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2011-11 Re: Appointment - Rochester Public Library Board of Trustees Transmitted herewith for your approval is legislation confirming the appointment of M. Sharon Salluzzo, 211 Royal View, Pittsford, NY 14534, to the Rochester Public Library Board of Trustees. Ms. Salluzzo, a Trustee of the Reynolds Library, has been nominated by the President of the Reynolds Library as the Liaison Trustee to the RPL Board. The Reynolds Library was incorporated in 1884 and merged with the Rochester Public Library in 1936. As specified by New York State, a seat on the RPL Board of Trustees is reserved for a member of the Reynolds Library Board of Trustees.

Transmitted herewith for your approval is legislation authorizing certain competitive grant applications for 2011-12. This legislation will help to streamline the process by which the City applies for competitive federal, state and private grants. Council has approved such grant applications annually beginning in 2007. There are over 900 grant programs offered by Federal grant-making agencies, as well as hundreds of state, regional and private grant opportunities that the City qualifies for as a municipality. Frequently, granting agencies require City Council endorsement as part of the application process. Providing this “up front” approval will enable staff to respond to funding opportunities more quickly. When any of the following conditions apply, grant applications will continue to require individual Council endorsement: ● The City is required to pay more than $250,000 of the cost of the project in the form of operating capital; ● The award exceeds $1,000,000, or in the case of a capital project, completion is required in one calendar year or less.

Ms. Salluzzo will replace Allen Spencer, who recently passed away. Her term will extend to December 31, 2015.

Reports on funds received will be presented to Council on request.

A copy of Ms. Salluzzo’s resume is available for review in the Clerk’s Office.

Respectfully submitted, Thomas S. Richards Mayor

Respectfully submitted, Thomas S. Richards Mayor

Attachment No. AK-70 Resolution No. 2011-11 (Int. No. 215)

Ordinance No. 2011-179 (Int. No. 216) Authorizing Competitive Grant Applications

Resolution Approving An Appointment To The Rochester Public Library Board Of Trustees BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of Sharon Salluzzo as the Reynolds Library Board representative on the Rochester

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit applications to Federal, State, and regional governments, agencies and authorities, as well as private foundations and other funding sponsors, for funding that will support City programs, services and capital operations.

Page 194 Section 2. For successful award applications, the Mayor shall obtain City Council approval to enter into agreements for receipt of the funding and necessary professional services agreements for performance of the work, and for appropriation of the funds. Section 3. The applications shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Grant applications which obligate the City of Rochester to pay more than $250,000 in the form of operating capital shall require City Council authorization. Section 5. Grant applications exceeding $1,000,000, and awards for capital projects that require project completion in one calendar year or less, shall require City Council authorization. Section 6. This ordinance shall be in effect for the 2011-12 fiscal year. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-180 Re: Amendatory Agreement Rochester Historical Society, Mural Installation Transmitted herewith for your approval is legislation authorizing an amendatory agreement with the Rochester Historical Society for the display at City Hall of an historic mural. The original agreement, authorized in August 2010, established maximum compensation of $33,000 for the restoration and preservation of the mural entitled, Col. Rochester’s Arrival in the Genesee Valley, painted by Carl Raschen. This amendment will increase compensation by up to $3,000 to cover the cost of mounting and installing the mural. The additional cost will be funded from 2010-11 Cash Capital (Art Installations). This mural is one of a series by several Rochester artists that originally hung in the Café DeLuxe in downtown Rochester in the 1920’s. They were removed from the restaurant and donated to the Rochester Historical Society where they were rediscovered during the RHS move from their East Avenue location to the Rundel Library Building in 2009. The first of the series to have been adopted for restoration, this 5 x 16 foot painting will be on permanent loan to the City. It is anticipated that it will be displayed in the lobby of the City Hall “A” building, and that installation will be complete by August 2011. Respectfully submitted, Thomas S. Richards Mayor

TUESDAY, JUNE 21, 2011 Ordinance No. 2011-180 (Int. No. 217) Establishing Maximum Compensation For An Amendatory Agreement For The Restoration Of A Mural BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $3,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory agreement between the City and the Rochester Historical Society for the restoration of a mural to be displayed at City Hall. Said amount shall be funded from the 2010-11 Cash Capital allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-181 Re: Amendatory Agreement - Rochester Business Alliance, Training Services Transmitted herewith for your approval is legislation authorizing an amendatory agreement with the Rochester Business Alliance for additional training services. The original agreement authorized in 2007 (Ord. No. 2007-120) established $32,400 as maximum compensation for support of the City’s Leadership Academy management program. Subsequent amendments in 2008 and 2009 added $16,400 (Ord. No. 2008-03) and $33,850 (Ord. No. 2009-103), respectively, for total maximum compensation of $82,650. This amendment will extend the term of the agreement through June 30, 2012, and provide for a wider range of services. No additional funding is required since a total of $27,000 remains available. Under the original agreement, RBA was the City’s partner in the City’s Leadership Academy program. RBA provided meeting space, instructors, and supporting material. A total of 180 management employees have completed the program over the past four years. This amendment will allow City employees to participate in the full catalog of training seminars offered by RBA, as well as ongoing management support for past Academy participants. Such training, at the recommendation of supervisors and input from Employee Development Plans, will be coordinated by the City’s Office of Training and Safety. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-181 (Int. No. 218)

TUESDAY, JUNE 21, 2011

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Authorizing Extension Of An Amendatory Professional Services Agreement For Management Training BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into the extension of an amendatory professional services agreement between the City and the Rochester Business Alliance for support of the City’s Leadership Academy and related professional development support programs for City staff through June 30, 2012. Section 2. The agreement extension shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Dealing with Difficult Behaviors Basic Computer Skills MS 2007 Office, Beginner and Intermediate NBD Team Building: All units

30 20 120 150

The BOCES Center for Workforce Development is a reliable partner in the delivery of workplace skills. The services are delivered with a high level of customization and competency and have, to date, exceeded expectations. Similar services were most recently authorized through Ordinance No. 2008-119. Respectfully submitted, Thomas S. Richards Mayor

Section 3. This ordinance shall take effect immediately.

Ordinance No. 2011-182 (Int. No. 219)

Passed unanimously. Establishing Maximum Compensation For Professional Services Agreements For City Employee Training

TO THE COUNCIL Ladies and Gentlemen:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No. 2011-182 Re: Agreement, Monroe 2-Orleans BOCES Center for Workforce Development, Workforce Training Transmitted herewith for your approval is legislation establishing $15,000 as maximum compensation for an agreement with the Monroe 2-Orleans BOCES Center for Workforce Development for the design and delivery of job skills training as identified through the City’s Employee Skills Development program, and associated team building training in the Department of Neighborhood and Business Development. The cost of this agreement will be funded from the 2010-11 Budgets of the Bureau of Human Resource Management ($7,500) and the Department of Neighborhood and Business Development ($7,500).

Section 1. The sum of $15,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for professional services agreements with the Monroe #2-Orleans BOCES, Center for Workforce Development, for workforce skills and team training for City employees. Of said amount, $7,500 shall be funded from the 2010-11 Budget of the Bureau of Human Resource Management and $7,500 shall be funded from the 2010-11 Budget of the Department of Neighborhood and Business Development. Section 2. This ordinance shall take effect immediately. Passed unanimously.

For the past four years, BOCES has provided training in several workplace skill areas, including computer, business writing, office organization, and test taking strategies. In 2010-11, they delivered instruction to 240 employees through twenty courses and 102 instructional hours. In addition, they provided a pilot program of support and facilitation for the Commissioner’s Office staff of NBD as part of its team approach to customer service. This new agreement will allow the following training to be offered during 2011-12: Topic (anticipated) Business Writing Business English Office Organization Skills Time and Task Management Civil Service Test Taking Conflict Resolution Cross-Cultural Competency

Estimated Number Of Participants 20 20 20 20 40 30 20

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2011-183 Re: Agreement - Young Explosives Corporation, Fireworks Displays Transmitted herewith for your approval is legislation establishing $47,000 as maximum compensation for an agreement with Young Explosives Corporation, Rochester, to provide fireworks displays. The cost of this agreement will be funded from the 2011-12 Budget of the Bureau of Communications ($29,000) and the Rochester Events Network Trust Fund ($18,000). The firm will provide aerial fireworks displays on July 4, 2011 and December 31, 2011, and a ground fireworks display on December 3, 2011. The July 4 display will be the largest Independence Day show in the area, and will extend for about 20 minutes. The December 31 display will be part of the New

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TUESDAY, JUNE 21, 2011

Year’s Eve Celebration in downtown Rochester and will extend for about 18 minutes. Both displays will be launched over the Genesee River from the entrance ramp to route I-490 eastbound and the Genesee River Walk. The December 3 ground fireworks display will highlight the season opening of the Manhattan Square Park Ice Rink. Young will be responsible for obtaining the necessary permits from the Fire Department and for acquiring $1 million of liability insurance. Young Explosives does not employ any persons below the age of 18. Further, in order to be licensed in the United States, all fireworks manufacturers and dealers must meet state and federal regulations stating that no persons under the age of 18 are employed. Young Explosives has assured us that their domestic purchases come solely from licensed vendors.

Hispanic populations in New York State. This growth now makes Monroe County and the City of Rochester home to the second largest population of Hispanics in the state. This year’s festival will be held on August 5-7 at the Frontier Field VIP Parking Lot. The Puerto Rican Festival, Inc. sponsors a variety of events, which serve to share and celebrate Puerto Rican culture. The largest event is the Puerto Rican Festival. Now in its 42nd year, it is the longest running cultural festival in Monroe County.

The most recent agreement for these services was authorized by Ordinance No. 2010-176.

The festival is an annual three-day event, which averages a daily attendance of 8,000 people of all cultures and ethnic backgrounds. The City’s sponsorship will support free admission for the first two hours each day and several free activities during the festival. It provides free children’s activities, a boxing exhibition, free youth participation and performance showcase, and a free health fair on Saturday.

Respectfully submitted, Thomas S. Richards Mayor

Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-183 (Int. No. 220)

Ordinance No. 2011-184 (Int. No. 221)

Establishing Maximum Compensation For A Professional Services Agreement For Fireworks

Establishing Maximum Compensation For An Agreement For The Puerto Rican Festival

BE IT ORDAINED, by the Council of the City of Rochester as follows:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. The sum of $47,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Young Explosives for fireworks displays. Of said amount, $29,000 shall be funded from the 2011-12 Budget of the Bureau of Communications and $18,000 is hereby appropriated from the Rochester Events Network Trust Fund.

Section 1. The sum of $30,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an agreement between the City and the Puerto Rican Festival, Inc. for the 2011 Puerto Rican Festival. Said amount shall be funded from the 2011-12 Budget of the Bureau of Communications. Section 2. This ordinance shall take effect immediately.

Section 2. This ordinance shall take effect immediately.

Passed unanimously.

Passed unanimously.

TO THE COUNCIL Ladies and Gentlemen:

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-184 Re: Agreement - Puerto Rican Festival Transmitted herewith for your approval is legislation establishing $30,000 as maximum compensation for an agreement with The Puerto Rican Festival, Inc., Rochester, for the 2011 Puerto Rican Festival. The cost of this agreement will be financed from the 2011-12 Budget of the Bureau of Communications. The Puerto Rican Festival Inc. was established in 1969 for the express purpose of celebrating and recognizing the culture of Puerto Ricans. Puerto Ricans continue to be one of the largest growing

Ordinance No. 2011-185 Re: Establishing Tax Relief and Retirement Reserves Transmitted herewith for your approval is legislation authorizing the official commitment of funds for a Tax Relief Reserve and a Retirement Reserve in accordance with Government Accounting Standards Board (GASB) Statement 54 Fund Balance Reporting and Government Fund Type Definitions to assist in funding future projected budget deficits and retirement costs. These funds currently exist and are designated for these purposes, but changes in GASB require City Council action to officially commit these funds for the designated purpose. The Tax Relief Reserve, formerly described as an

TUESDAY, JUNE 21, 2011 “available reserve”, will be used to assist in addressing future projected budget deficits. There will be approximately $15.5 million available in the Tax Relief Reserve after the use of $2.8 million in the Proposed 2011-12 Budget. The Retirement Reserve will be used to help manage the projected dramatic increases in retirement costs and for the proposed retirement incentive. There will be approximately $15.1 million available in the Retirement Reserve. It is anticipated that approximately $7.4 million will be used for the proposed retirement incentive with the remainder used for future retirement requirements. The changes requested herewith are in compliance with the new reporting requirements of Government Accounting Standards Board (GASB) Statement 54 Fund Balance Reporting and Government Fund Type Definitions. The objective of this Statement is to improve the usefulness, clarity, and transparency of government fund balance information through the use of clearer categories. The new reporting requirements exist for government funds and do not include proprietary or fiduciary funds. Implementation of the new reporting requirement will be instituted with the June 30, 2011 closing of the fiscal year. Previous components of fund balance consisted of either funds categorized as Reserved or Unreserved. The new components of fund balance will be categorized as follows: Nonspendable, Restricted, Committed, Assigned or Unassigned. In May 2011, Council authorized the Director of Finance to “assign” items. The fund category of the Tax Relief and Retirement Reserves will be components of the “Committed” category and can only be used for specific purposes pursuant to constraints imposed by formal action of the government’s highest level of decision making authority. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-185 (Int. No. 245) Approving The Commitment Of Reserve Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the commitment of the Tax Relief Reserve for its designated purpose to assist in addressing future projected budget deficits. The Council hereby further approves the commitment of the Retirement Reserve to assist in managing projected increases in retirement costs and to fund the retirement incentive. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Page 197 TO THE COUNCIL: Ladies and Gentlemen Ordinance No. 2011-186 Re: Agreement - Game Plan Marketing, Advertising Buying Agent Transmitted herewith for your approval is legislation authorizing an agreement with Game Plan Marketing (Pittsford, NY) to act as the City’s advertising buying agent. Compensation will include a $10,000 annual retainer fee, to be paid from the Budget of the Bureau of Communications beginning in 2011-12. The agreement will provide for additional compensation of 15% of commissionable advertising expenses requested by the City. Broadcast advertising is commission-based; print and web-based advertising is not. The City Communications Bureau is responsible for marketing and promoting a wide variety of City programs, events and services. The consultant will be the City’s advertising buying agent, procuring advertising on behalf of the City upon request. The consultant will, upon request, provide the following services: ● Provide detailed marketing plans and marketing planning and consultation; ● Negotiate the best possible value for the City’s advertising dollars; ● Order and reserve advertising on the City’s behalf ● Inform the Bureau of Communications of advertising specials and opportunities as well as media target market, ratings and rate sheet information. A request for proposals was issued for these services in May, 2011. Responses were received from eight firms: Game Plan Marketing; C. Garbin & Associates (Rochester); Media Impressions (Penfield, NY); Butler/Till (Henrietta, NY); Dixon Schwabl (Victor, NY); Spin Marketing, Inc. (Rochester); On the Move Contracting Services (Webster, NY); and Media Connection (Pittsford, NY). Among other factors, Game Plan Marketing is recommended based on their ability to demonstrate that the City would receive individual, personalized staff attention and to provide a return on the City’s investment with added value and measurable results. The agency also demonstrated their willingness to meet with the City on an as-needed basis and flexibility in the preparation of marketing plans, offering to make revisions until all parties were satisfied. In the last few years, the City has spent between $150,000 and $350,000 annually on advertising. Costs are covered by the departments using the advertising. Commissionable advertising is typically 30% of all City advertising, or around $64,000 per year, which is the amount subject to the 15% commission to the agent. The term of this agreement will be for three years, with the option for one three-year renewal.

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Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-186 (Int. No. 253) Authorizing An Agreement For The Purchase Of Advertising BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with Game Plan Marketing to act as the City’s advertising buying agent for a term of three years, with one three-year renewal option. Section 2. The agreement shall obligate the City to pay an annual retainer of $10,000, and commissions where necessary and in accordance with local customs and rates. The annual retainer shall be funded from the 2011-12 and subsequent Budgets of the Bureau of Communications, subject to adoption of subsequent budgets, and the commissions shall be funded from the annual budgets of the departments requesting the advertising. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-187 Re: Budget Amendment - Salary and Wage Adjustments Transmitted herewith for your approval is legislation amending the 2010-11 budget by: 1. Transferring $6,050,000 from Contingency to the budget of the Rochester Police Department for salary and wages pursuant to the Locust Club arbitration award; 2. Transferring $3,900,000 from Contingency to the budget of the Rochester Fire Department for salary and wages pursuant to the arbitration award for the International Association of Fire Fighters, Inc. (IAFF); 3. Transferring $1,625,000 from Contingency to Undistributed to partially fund the fringe benefits associated with settlement of the contracts; and 4. Transferring $230,000 from Contingency to Cash Capital for the purchase of fire equipment. The increases to the RPD and RFD budgets are

necessitated by the recent settlements with the Locust Club and IAFF respectively. When the 2010-11 Budget was adopted in June 2010, wage rates had not yet been established for employees represented by either collective bargaining unit. Negotiations with both unions that began in 2008 were unsuccessful and led to the Police Locust Club filing for impasse in December 2009 and the City filing for impasse with IAFF in May 2010. After brief attempts at mediation, the City and both Unions proceeded with the interest arbitration process. Several executive sessions in May 2011 resulted in a five-year award effective retroactively from July 1, 2008 and extending to June 30, 2013. The following salary increases for both unions were approved: Effective Date July 1, 2008 July 1, 2009 July 1, 2010 July 1, 2011 July 1, 2012

Percent Increase 3.0% 3.0% 2.5% 1.0% 1.0%

In addition, the award for the Locust Club settled several outstanding grievances with a one-time lump sum payment of $1,000 to each active unit member. The total expected wage cost excluding benefits of the Locust Club settlement for the three retroactive years is $10,930,700, of which $4,880,700 is available in prior year-end accruals, leaving the balance of $6,050,000 to be transferred from Contingency. The total expected wage cost excluding benefits of the IAFF settlement for the three retroactive years is $6,855,700, of which $2,955,700 is available in prior year-end accruals, leaving the balance of $3,900,000 to be transferred from Contingency. The total expected fringe cost for both settlements consisting primarily of FICA and pension is $5,080,400. After applying prior year-end accruals of $1,282,700, the balance will be funded by both the proposed transfer from Contingency to Undistributed and 2010-11 savings within Undistributed resulting from a lower February 2011 NYS retirement system bill than expected. It is important to note that the impact of the awards on the City’s pension bill should occur on the invoice due in February 2013. Appropriate accrual of the incremental pension cost of the wage settlement will be made within the year-end financials. In addition to the wage settlements for the Locust Club and IAFF, a retroactive wage adjustment of 4% effective July 1, 2010 will be applied to APT personnel. A transfer to the operating departments is not required as sufficient funding for this wage adjustment is available within the 2010-11 approved budget. The increase to Cash Capital is to accelerate the purchase of an additional fire pumper in support of the Fire Department operational shift from the Quint/Midi to an Engine/Truck operating model scheduled for complete implementation by October 2011. To date, six pumpers have been acquired. A

TUESDAY, JUNE 21, 2011 total of seven are needed to fully implement the shift to the Engine/Truck model. The fire apparatus being replaced is between 15 to 20 years old and is due for replacement based upon a combination of age and use. The proposed transfer of $230,000 will be combined with existing bond funds of $102,000 to purchase the $332,000 pumper.

Page 199 ments for the Local Works program; 4. Confirm the assessments required for the following programs: a. Street mall maintenance b. Neighborhood parking lot operation

Respectfully submitted, Thomas S. Richards Mayor

c. Public Market snow removal and security services d. Street lighting and sidewalk districts

Ordinance No. 2011-187 (Int. No. 258)

e. Downtown Special Services District (previously Downtown Guides)

Amending The 2010-11 Budget

f. Downtown Enhancement District

BE IT ORDAINED, by the Council of the City of Rochester as follows:

g. High Falls Improvement District Section 1. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $230,000 from the Contingency allocation to the Cash Capital allocation to fund the purchase of fire apparatus. Section 2. Ordinance No. 2010-188, the 201011 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $11,575,000 from the Contingency allocation to the following appropriations: Police Fire Undistributed

$6,050,000 3,900,000 1,625,000

Section 3. This ordinance shall take effect immediately.

h. Atlantic Avenue Improvement District i. St. Paul Street Streetscape j. Upper East Alexander Refuse k. ARTWalk District 5. Confirm the addition to the tax roll of various assessments, fees, and unpaid charges. 6. Authorize certain fee increases and Charter and Code changes. Details of the above actions related to the 2011-12 proposed budget of the City submitted to City Council on May 20, 2011 are summarized below: 1.

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-188, Ordinance No. 2011-189, Ordinance No. 2011-190, Ordinance No. 2011-191, Ordinance No. 2011-192, Local Improvement Ordinance No. 1641, Ordinance No. 2011-193, Local Law No. 6 and Ordinance No. 2011-194 Re: 2011-12 Budget Transmitted herewith for your approval is legislation relating to the 2011-12 Budget. This legislation will: 1. Approve appropriations and establish revenue estimates for the City and City School District; 2. Authorize the tax levies required to finance appropriations for the City and City School District; 3. Authorize the budgets and related assess-

Total appropriations of $1,148,263,432 allocated for the City and the School District:

Proposed 2011-12 Dollar Difference City $ 467,098,100 $ - 5,302,600 School 681,165,332 -27,034,089 Total $1,148,263,432 $ -32,336,689

Amended 2010-11 Percent Difference $ 472,400,700 -1.1 708,199,421 -3.8 $1,180,600,121 -2.7

Total non-tax revenue distributed between the City and the District: Proposed Amended 2011-12 2010-11 Dollar Percent Difference Difference City $421,451,170 $ 429,867,395 $ - 8,416,225 -2.0

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School 568,020,332 595,054,421 -27,034,089 -4.5 Total $909,471,502 $1,024,921,816 $ -35,450,314 -3.5 2.

Total tax levies of $167,149,400 for the City and City School District:

Proposed 2011-12 Dollar Difference Tax Revenue $158,791,930 $3,113,625 Tax Reserve 8,357,470 163,875 Tax Levy $167,149,400 $3,277,500 3.

$155,678,305 2.0 8,193,595 2.0 $163,871,900 2.0

Total appropriations for the Local Works fund of $18,599,100 and total assessments of $18,347,900:

Proposed 2011-12 Dollar Difference Street Maintenance $ 4,374,042 $ - 26,082 Sidewalk Repair 1,825,738 28,602 Roadway Plowing 9,497,380 728,937 Sidewalk Plowing 2,650,740 228,443 Total $18,347,900 $959,900 4.

Amended 2010-11 Percent Difference

Amended 2010-11 Percent Difference $ 4,400,124 -0.6 1,797,136 1.6 8,768,443 8.3 2,422,297 9.4 $17,388,000 5.5

The budgets for security and snow removal at the Public Market were approved on March 22, 2011. The budgets for the East Avenue and Alexander Street Entertainment District, High Falls Business Improvement District, Downtown Special Services, Downtown Enhancement District, street lighting, street malls and Cascade and Norton Streetscapes were approved on April 26, 2011. The budget for the parking lots was approved on May 24, 2011. The assessments required are as follows:

Proposed 2011-12 Dollar Difference Street Malls $ 28,808 $ -52,316

Amended 2010-11 Percent Difference $ 81,124 -64.5

Parking Lots 71,294 74,366 -3,072 -4.1 Public Market 38,477 38,477 0 0.0 Lighting and Sidewalks 43,829 40,797 3,032 7.4 Open Space 0 6,500 -6,500 -100.0 Downtown Special Services 504,694 479,042 25,652 5.4 Downtown Enhancement 562,200 557,500 4,700 0.8 High Falls 25,000 25,000 0 0.0 Atlantic Avenue 3,045 3,045 0 0.0 St. Paul Street Streetscape 20,649 20,649 0 0.0 Upper East/Alexander Refuse 20,532 17,930 2,602 14.5 ARTWalk District 101,528 0 101,528 100.0 5.

The proposed additions to the tax roll consist of the following charges:

Proposed Amended 2011-12 2010-11 Dollar Percent Difference Difference Delinquent Refuse $ 584,710 $ 541,106 $ 43,604 8.1 Delinquent Water 6,521,015 6,900,745 -379,730 -5.5 Code Enforcement 78,293 50,341 27,952 55.5 Supplemental and Omitted Taxes 210,352 168,969 41,383 24.5 Local Improvements 6,750 13,175 -6,425 -48.8 Encroachments 4,350 4,400 -50 -1.1 Rehabilitation/Demolition 243,043 160,077 82,966 51.8 Code Violations 1,411,350 1,386,518 24,832 1.8 Arnold Park Monuments 7,055 7,055 0 0.0

TUESDAY, JUNE 21, 2011 Case Management Fees 377,225 377,225

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0 100.0

6A. A local works increase is proposed to balance the Local Works Fund. The proposed increase is expected to result in a net increase of $886,900 in local works revenue. 6B. A commercial refuse rate increase is proposed to assist in balancing the Refuse Fund. The proposed increase is expected to result in a net increase of $88,000 in commercial collection revenue. 6C. A water rate increase is proposed to balance the Water Fund. The proposed increase is expected to result in a net increase of $1,180,000 in revenue. 6D. Amend the City Code to increase the special event parking fee to increase the maximum allowed to charge from $4 to $5 resulting in a net increase of approximately $21,400. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-188 (Int. No. 259)

Fire Undistributed Expenses Contingency Cash Capital Debt Service

40,113,300 116,969,000 17,713,400 32,924,000 32,076,700

Sub-total Tax Reserve

$467,098,100 2,402,470

Total

$469,500,570

Section 3. The budget estimate of the current revenues and other receipts, other than real estate taxes and the School Tax Relief (STAR) funds, for municipal purposes for the fiscal year 2011-12 is hereby fixed and determined at $421,451,170 and said sum is appropriated for the purposes set forth in the budget estimate. Section 4. The budget estimate for the fiscal year 2011-12 providing for the raising of taxation on real estate for municipal purposes of the sum of $48,049,400 is hereby adopted. Section 5. Pursuant to subsection 20-24B(1) of the Municipal Code, the Council hereby approves the fees for collection of commercial refuse and recyclables as proposed by the Mayor for fiscal year 2011-12. Section 6. This ordinance shall take effect on July 1, 2011. Passed unanimously.

Adoption Of The Budget Estimates For Municipal Purposes For The 2011-12 Fiscal Year, Appropriation Of Sums Set Forth Therein And Approving Commercial Refuse Fees

Ordinance No. 2011-189 (Int. No. 260)

BE IT ORDAINED, by the Council of The City of Rochester as follows:

Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012, And Appropriation Of Sums Set Forth Therein

Section 1. The budget estimate for municipal purposes for the fiscal year July 1, 2011 to June 30, 2012, providing for the expenditure of $467,098,100, is in all respects adopted, confirmed, fixed, and determined.

BE IT ORDAINED, by the Council of The City of Rochester as follows:

Section 2. The sums of money designated in the budget estimate for municipal purposes for the fiscal year 2011-12 are hereby authorized to be expended and the sum of $467,098,100 is hereby appropriated for the current expenses of the departments and agencies; cash capital; debt service; and for the other purposes therein, in the manner provided by law, as listed below: City Council and Clerk Administration Neighborhood and Business Development Environmental Services Finance Information Technology Law Library Recreation and Youth Services Emergency Communications Police

$ 1,777,900 7,048,200 13,321,900 78,179,700 9,015,600 5,077,200 1,782,100 10,712,600 10,916,600 13,268,800 76,201,100

Section 1. The budget estimate for school purposes for the fiscal year July 1, 2011 to June 30, 2012, providing for the expenditure of $681,165,332, is in all respects adopted, confirmed, fixed, and determined. Section 2. The sums of money designated in the budget estimate for school purposes for the fiscal year 2011-12 are hereby authorized to be expended and the sum of $681,165,332 is hereby appropriated to the Board of Education for the following purposes: Operations Cash Capital Debt Service Subtotal Tax Reserve Total

$642,830,443 10,463,099 27,871,790 681,165,332 5,955,000 $687,120,332

Section 3. The budget estimate of the current revenues and other receipts, other than real estate taxes, for school purposes for the fiscal year 2011-

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TUESDAY, JUNE 21, 2011

12 is hereby fixed and determined at $568,020,332 and said sum is appropriated for the purposes set forth in the budget estimate. Section 4. The budget estimate for the fiscal year 2011-12 providing for the raising of taxation on real estate for school purposes of the sum of $119,100,000 is hereby adopted. Section 5. This ordinance shall take effect on July 1, 2011.

the fiscal year commencing July 1, 2011 and expiring June 30, 2012. Section 2. The Director of Finance shall cause the taxes levied above to be inserted in the assessment rolls for the fiscal year commencing July 1, 2011 and expiring June 30, 2012. Section 3. This ordinance shall take effect on July 1, 2011. Passed unanimously.

Passed by the following vote: Ayes - President Warren, Councilmembers Haag, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull 8.

Councilmember Conklin moved to amend Int. No. 263. The motion was seconded by Councilmember Palumbo

Nays - Councilmember Conklin - 1. The motion was adopted by the following vote: Ordinance No. 2011-190 (Int. No. 261) Levying Taxes For Municipal Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0.

BE IT ORDAINED, by the Council of The City of Rochester as follows:

Ordinance No. 2011-192 (Int. No. 263, As Amended)

Section 1. The sum of $48,049,400, which sum is deemed by the Council sufficient with other revenues to produce from collection during the fiscal year commencing July 1, 2011 and expiring June 30, 2012 the amount required to meet the budget estimates for municipal purposes, is hereby levied on all taxable real property in the City of Rochester, as set forth in the assessment rolls, for the fiscal year commencing July 1, 2011 and expiring June 30, 2012.

Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012

Section 2. The Director of Finance shall cause the taxes levied above to be inserted in the assessment rolls for the fiscal year commencing July 1, 2011 and expiring June 30, 2012. Section 3. This ordinance shall take effect on July 1, 2011. Passed unanimously. Ordinance No. 2011-191 (Int. No. 262) Levying Taxes For School Purposes For The Fiscal Year Commencing July 1, 2011 And Expiring June 30, 2012 BE IT ORDAINED, by the Council of The City of Rochester as follows: Section 1. The sum of $119,100,000, which sum is deemed by the Council sufficient with other revenues to produce from collection during the fiscal year commencing July 1, 2011 and expiring June 30, 2012 the amount required to meet the budget estimates for school purposes, is hereby levied on all taxable real property in the City of Rochester, as set forth in the assessment rolls, for

BE IT ORDAINED, by the Council of The City of Rochester as follows: Section 1. The following assessments, amounts and charges, and the allocation of said amounts against properties in the City, as set forth in roll or rolls on file in the City Clerk's Office, to be inserted into the annual tax rolls for the fiscal year commencing July 1, 2011 and expiring June 30, 2012 are hereby in all respects confirmed: Street and Lot Maintenance Roadway Snow Removal Sidewalk Snow Removal Hazardous Sidewalk Repair Delinquent Refuse Delinquent Water Charges Supplemental Taxes Omitted Taxes Street Malls Arnold Park Monuments Parking Lots Code Enforcements Code Violations Case Management Fees Local Improvements

$4,374,042.00 9,497,380.00 2,650,740.00 1,825,738.00 584,709.83 6,521,015.25 206,540.88 [3,810.91] 6,294.55 28,808.00 7,055.29 71,294.00 78,292.85 1,411,350.00 377,225.00 6,749.53

TUESDAY, JUNE 21, 2011 Downtown Enhancement Downtown Special Services Public Market Plowing Public Market Security Encroachment Fees Rehabilitation Charges ARTWalk Lyell Avenue Street Lights - District I Lyell Avenue Street Lights - District II Wilson Blvd. Street Lights Blossom Road Lights East Main Street Lights Monroe Avenue Lights I Monroe Avenue Lights and Sidewalk II Norton Street District Cascade District Lake Avenue Lights High Falls Business Improvement District St. Paul Street Streetscape St. Paul Street Lighting Rundel Park Lighting Atlantic Avenue Landscape Upper East Alexander Refuse

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562,200.00 504,694.00 5,625.66 32,851.07 [4,350.00] 4,375.00 243,042.66 101,528.36 2,445.72 2,706.44 589.79 609.42 319.24 7,285.68 9,612.14 4,236.79 8,080.15 4,223.44 25,000.00 20,649.38 551.70 3,168.68 3,045.12 20,532.00

Section 2. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. Local Improvement Ordinance No. 1641 (Int. No. 264) Local Improvement Ordinance - Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1, 2011 And Expiring June 30, 2012

Services shall cause the following improvements and work to be provided on streets, sidewalks and lots in the City of Rochester during the fiscal year July 1, 2011 to June 30, 2012: A. The removal of snow from such sidewalks and the repair of such hazardous sidewalks as the Commissioner may direct. B. The removal of snow and ice from the roadway of such streets as the Commissioner may direct, including the use of sodium chloride, calcium chloride, and other chemicals or abrasives for the treatment of slippery or icy pavement as deemed necessary by the Commissioner. C. The cleaning and/or flushing of such streets as the Commissioner may direct, including hand-cleaning, tank flushing, mechanical sweeping, and the collection and removal of brush, leaves, and debris. Section 3. Such work shall be done by competitive contract, or by the Department of Environmental Services, as the Commissioner of Environmental Services deems appropriate. Section 4. The cost of providing such street cleaning and street snow removal services for the 2011-12 fiscal year shall be assessed against all parcels of property that abut a street, reflecting the benefit to be derived by such parcels from such services. The cost of providing such sidewalk repair and snow removal services for the 2011-12 fiscal year shall be assessed against all parcels of property that abut a sidewalk, reflecting the benefit to be derived by such parcels from such services. Section 5. The amount assessed shall be allocated among all benefited parcels in direct proportion to each parcel's street or sidewalk footage, defined for purposes of this ordinance as the full footage of the parcel along the street or sidewalk upon which it fronts, plus one-third of the footage along any other abutting streets or sidewalks. The Council hereby determines that such street or sidewalk footage represents the relative amount of benefit received by each such parcel.

Section 1. The Council finds and declares (1) that it is in the public interest to provide street cleaning, snow removal services on the streets and sidewalks, and the repair of hazardous sidewalks in the City of Rochester during the fiscal year from July 1, 2011 to June 30, 2012; (2) that the provision of such service benefits the properties abutting on such streets and sidewalks, and (3) that the cost of providing such services should be borne by the benefitted properties according to the benefit received by such properties.

Section 6. The total cost of such services to be assessed on July 1, 2011 shall be $18,347,900 consisting of $4,374,042 for street and lot maintenance, $1,825,738 for sidewalk repair, $9,497,380 for roadway snow removal and $2,650,740 for sidewalk snow removal services. Such total amount constitutes an estimate of the amount necessary to pay contractors to provide services and to cover the costs of providing services with City crews between July 1, 2011 and June 30, 2012, less any miscellaneous revenues estimated to be collected during the same period, plus a reasonable reserve for uncollected assessments. All assessments collected shall be paid into the Local Works Fund, and all costs incurred shall be paid from such fund. The amounts assessed herein are appropriated for that purpose.

Section 2. The Commissioner of Environmental

Section 7. The amount assessed on July 1, 2011

BE IT ORDAINED, by the Council of The City of Rochester as follows:

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shall be billed on the tax bill and shall be due in one installment. Delinquent assessments collected more than 60 days into a fiscal year subsequent to the fiscal year billed shall be credited as revenue in the year collected and applied against costs in that fiscal year. Section 8. This ordinance shall take effect on July 1, 2011.

Size of First Check Valve (Inches) Up to 4” 6” 8” 10”

Charge Per Quarter $129.94 $173.18 $346.43 $510.95

(3) Holly high-pressure consumption charge.

Passed unanimously. Ordinance No. 2011-193 (Int. No. 265) Amending The Municipal Code With Respect To Water Rates

Gallons Consumed Per Month 0 to 20,000 20,000 to 620,000 Over 620,000

Charge Per 1,000 Gallons $6.26 $5.76 $4.52

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 2. This ordinance shall take effect on July 1, 2011.

Section 1. Section 23-37 of the Municipal Code, relating to fees for water, as amended, is hereby further amended by amending subsections A and C thereof to read in their entirety as follows:

Passed unanimously.

A. Consumption rates.

Local Law No. 6 (Int. No. 266) Local Law Amending The City Charter With Respect To The 311 Call Center

(1) Consumption Charge; schedule of rates. Gallons Consumed Per Month 0 to 20,000 20,000 to 620,000 620,000 to 10,000,000 10,000,000 to 15,000,000 Over 15,000,000

Charge Per 1,000 Gallons $3.13 $2.88 $2.26 $1.48 $1.26

BE IT ENACTED, by the Council of the City of Rochester as follows: Section 1. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by amending Section 6A-1, Office of Management and Budget, by deleting the following final sentence of the first unnumbered paragraph thereof:

(2) Base Charge. Size Of Meter (Inches) Up to ¾” 1” 1 ½” 2” 3” 4” 6” 8” 10”

Charge Per Month $6.58 $35.25 $52.21 $69.86 $174.62 $348.94 $523.08 $697.25 $871.56

The Budget Director shall be responsible for the operation and management of the 311 Call Center. Section 2. Chapter 755 of the Laws of 1907, entitled “An Act Constituting the Charter of the City of Rochester”, as amended, is hereby further amended by amending Section 8D-1, Emergency Communications Department, by adding the following sentence to the end thereof: The Emergency Communications Center Director shall be responsible for the operation and management of the 311 Call Center.

C. Fire-service charges. (1) Domestic fire-service charge. Size of First Check Valve (Inches) Up to 2” 4” 6” 8” 10” 12”

Charge Per Quarter $36.71 $73.43 $144.49 $288.91 $426.52 $613.89

(2) Holly high-pressure fire-service charge.

Section 3. This local law shall take effect immediately. Passed unanimously. Ordinance No. 2011-194 (Int. No. 267, As Amended) Amending The Municipal Code With Respect To Special Events Parking And Fees For Marriages And Funding For The Arts BE IT ORDAINED, by the Council of the City of Rochester as follows:

TUESDAY, JUNE 21, 2011 Section 1. Section 111-119 of the Municipal Code, Fees for use of space in parking garages and hours of operation, as amended, is hereby further amended by amending Subsection A(7) thereof by deleting the amount of the special events parking rate as set forth therein “of $4” and by inserting in its place “not to exceed $5”. Section 2. Section 5-10 of the Municipal Code, Marriage officers, as amended, is hereby further amended by deleting the amount of the fee for officiating at a marriage as set forth therein not to exceed “$40” and by inserting in its place the fee not to exceed “$50”. Section 3. Due to the budgetary difficulties faced by the City this year, the Council hereby waives for the 2011-12 fiscal year the requirement found in the City Arts Policy, adopted by Ordinance No. 2007-468, as amended by Ordinance No. 2009-224, that the City’s Capital Improvement Program contain 1% funding for Art Installation and Enhancements. Section 4. This ordinance shall take effect on July 1, 2011. Underlined material added. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2011-12 Re: 2011-12 Debt Authorization Transmitted herewith for your approval is legislation establishing the Debt Limit and Debt Rollover and Debt Extension amounts for the 2011-12 Budget. 2011-12 Debt Limit The Debt Limit for tax supported borrowing is equal to the amount of principal on outstanding debt to be redeemed during the fiscal year for which the limit is established. The calculation excludes the redemption of principal on any borrowing approved as an exception to the Debt Limit and is further reduced by specific revenues attributable to bonded debt. The resulting Debt Limit for 2011-12 is $16,579,000. Attached is the 2011-12 Debt Authorization Plan, which calls for borrowing of $16,579,000 in tax supported funds. The Plan also includes an additional $11,414,000 supported by the City’s Enterprise Funds (Water and Parking). Debt Rollover 2010-11 and 2009-10 The Debt Authorization Plans for the current and the two immediately prior fiscal years can remain open contingent upon the approval of the rollover amounts. This provides flexibility in the timing of authorizations which vary depending upon project timing, availability of supporting funds, and the participation of private sector partners. The rollover amounts equal the difference between the debt limit for any fiscal year and the sum of the authori-

Page 205 zations made from the debt plan associated with that fiscal year. This sum may be further reduced by the amount of unauthorized items in the debt plan that are no longer necessary. The presentation of the rollover also includes any modifications made to the debt plan. Such rollovers do not result in authorizations exceeding the allowable authorization for any year. 2010-11: The Debt Limit for this year was $16,339,000. Of that amount $4,239,000 has been authorized, leaving a balance of $12,100,000. Approval of a rollover in that amount is requested. The attached Debt Authorization Plan for 2010-11 itemizes projects remaining for that year and the details of the changes resulting from advanced funding. 2009-10: The Debt Limit for this year was $18,946,000. Of that amount $12,024,000 has been authorized, leaving a balance of $6,922,000. Approval of a rollover in that amount is requested. The attached Debt Authorization Plan for 2009-10 itemizes projects remaining for that year. Time Limit Extensions for 2008-09, 2007-08, 2006-07 and 2005-06 Time limit extensions are requested when projects are delayed beyond two years by market forces, significant reprogramming of funds, or other circumstances that justify carrying these authorizations beyond their expected authorization dates. Approval of extensions does not result in exceeding the allowable authorization for any fiscal year but is required by City Council Resolution. Extensions acknowledge the importance of these items as well as the fact that future replacement funds are not likely to be available. One-year extensions are requested for the following items based on programming and timing: 2008-09 Project Purpose T-3 Milling & Resurfacing street rehabilitation G-8 East End Development street rehabilitation T-2 Jefferson Avenue rehabilitation F-2 Investigation and Remediation contaminated sites w/in city G-8 Capron Street/South Avenue downtown development G-7 Waterfront Planning acquisition G-7 River Street Extension acquisition T-2 Mt. Hope Avenue street rehabilitation G-8 Riverpark Commons housing development Total 2008-09 Extension 2007-08 Project Purpose G-8 Durand Eastman Park water quality improvements F-2 Hazardous Waste Remediation contaminated sites w/in city

Amount $1,099,000 126,000 350,000 655,000 886,000 700,000 486,000 275,000 500,000 $5,077,000 Amount $120,000 870,000

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TUESDAY, JUNE 21, 2011

G-8Historic Aqueduct Redevelopment Broad St. aqueduct renovation 324,000 F-2 Hazardous Waste Remediation Olean Kennedy 100,000 G-8 Inner Loop Improvements rehabilitation 480,000 F-2 Investigation and Remediation contaminated sites w/in city 545,000 F-2 Hazardous Waste Remediation Whitney & Orchard 2,000,000 T-2 Lawn Street street rehabilitation 261,000 G-3 La Avenida acquisition 377,000 Total 2007-08 Extension $5,077,000 2006-07 Project Purpose F-2 Hazardous Waste Remediation contaminated sites w/in city F-2 Hazardous Waste Remediation Brooks Landing Total 2006-07 Extension

Amount $61,000 100,000 $161,000

2005-06 Project Purpose Amount G-8 Historic Aqueduct Redevelopment Broad St. aqueduct renovation $387,000 G-8 Oak View Hill Development market rate housing infrastructure 865,000 T-2 Westfield Street Street rehabilitation 104,000 F-2 Hazardous Waste Remediation contaminated sites w/in the city 30,000 G-7 Waterfront Planning & Acquisition Port development 1,195,000 Total 2005-06 Extensions $2,581,000 Each of these projects depends upon the partnership of developers and the cooperation of other governments. Like any business venture, delays are inevitable when financial or regulatory obstacles delay implementation. At the same time the City must continue to demonstrate its good faith by the continued availability of these authorizations. Respectfully submitted, Thomas S. Richards Mayor

WHEREAS, bond ratings influence the rate of interest which must be paid on indebtedness and therefore the amount of debt service. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester, that it is the intent and policy of the City to limit the amount of bonds and notes authorized in fiscal year 2011-12 to $16,579,000 for general municipal purposes. BE IT FURTHER RESOLVED, unused authorizations from the debt limits for fiscal years 2009-10 and 2010-11 shall continue to be available, but no authorization included in the debt limit for a prior fiscal year, if not actually approved by the City Council, shall be carried-over and included in the limit for this fiscal year. By this resolution, the Council specifically approves inclusion for this fiscal year of unused authorizations from the debt limit for fiscal year 2008-09 relating to milling and resurfacing, street rehabilitation for East End, Broad Street East-Chestnut Street, Jefferson Avenue and Mount Hope Avenue, hazardous waste remediation at contaminated City sites, downtown development near Capron Street-South Avenue, waterfront planning and acquisition, and housing development at Riverpark Commons; for fiscal year 2007-08 relating to water quality improvements at Durand Eastman Park, hazardous waste investigation and remediation at contaminated City sites including but not limited to Olean Kennedy and Whitney and Orchard, Historic Aqueduct Redevelopment, Inner Loop improvements, rehabilitation of Lawn Street, and La Avenida and acquisition, and for fiscal year 2006-07 relating to hazardous waste remediation at Brooks Landing and contaminated City sites, and for fiscal year 2005-06 relating to Historic Aqueduct Redevelopment, Oak View Hill Development, rehabilitation of Westfield Street, hazardous waste remediation at contaminated city sites, and waterfront planning and acquisition. BE IT FURTHER RESOLVED, that exceptions to this policy are to be approved only for projects and purposes which could not reasonably be foreseen and, if not approved, would result in an obvious public danger or economic loss; and for projects and purposes for which the debt issued therefor would be self-supporting.

Attachment No. AK-71 Resolution No. 2011-12 (Int. No. 268) Resolution Approving The 2011-12 Debt Limit For General Municipal Purposes WHEREAS, an important component of the City’s expense budget and tax levy is debt; and WHEREAS, the amount of debt outstanding is one of the major factors evaluated by credit agencies in the determination of bond rating; and WHEREAS, control of the debt service expense and the amount of outstanding debt must necessarily be exercised through restrictions on bond and note authorizations; and

BE IT FURTHER RESOLVED, that to insure continued awareness of an adherence to this policy, each separate request for authorized debt shall be accompanied by a report in which the amount of debt actually authorized is compared to the amount of debt herein established as a limit. BE IT FURTHER RESOLVED, that the redemption of any debt issued as an exception to a debt limit shall be excluded from the calculation of subsequent debt limits. This resolution shall take effect immediately. Adopted unanimously. By Councilmember Palumbo June 21, 2011

TUESDAY, JUNE 21, 2011 To the Council: The Neighborhood & Business Development Committee recommends for adoption the following entitled legislation:

Page 207 Community Development Plan/2011-12 Annual Action Plan

Int. No. 222 - Authorizing The Sale Of Real Estate And Amending Ordinance No. 2009-300

Int. No. 248 - Authorizing Submission Of The Consolidated Community Development Plan/201112 Annual Action Plan And Execution Of Grant Agreements With The United States Department Of Housing And Urban Development

Int. No. 224 - Appropriating Funds For Quadrant Planning

Int. No. 249 - Appropriation Of Funds For The City Development Fund

Int. No. 225 - Approving A Loan Agreement For The NOTA Special Needs Apartment Project

Int. No. 250 - Authorizing Amendatory Community Development Program Plans And Amending Ordinances

Int. No. 226 - Approving Consolidated Plan Rental Market Fund Programs And Amending The 2008-09 Community Development Plan And Ordinance No. 2009-106 Int. No. 227 - Approving Business Programs Int. No. 228 - Approving Consolidated Plan Homeownership Promotion Fund Programs

Respectfully submitted, Carla M. Palumbo (Abstained on Int. No. 226) Carolee A. Conklin Dana K. Miller Elaine M. Spaull (Abstained on Int. No. 257) NEIGHBORHOOD & BUSINESS DEVELOPMENT COMMITTEE Received, filed and published.

Int. No. 229 - Amending Ordinance No. 2011-24 Relating To The Exterior And Security Rehabilitation Program

TO THE COUNCIL Ladies and Gentlemen:

Int. No. 230 - Authorizing The Sale Of The Former Valley Court Site And Authorizing Subsidy Agreements

Ordinance No. 2011-195 Re: Sale Of Real Estate and Amending Ordinance No. 2009-300

Int. No. 231 - Authorizing An Agreement For Economic Development Support Services

Transmitted herewith for your approval is legislation approving the sale of 16 properties and amending a prior ordinance.

Int. No. 232 - Establishing Maximum Compensation For A Professional Services Agreement For A GIS Model Int. No. 251 - Authorizing Agreements For The Housing Opportunities For Persons With AIDS Program And Amending Ordinances No. 2008-86 And 2009-64 Int. No. 257 - Authorizing Agreements For The Emergency Shelter Grant Program Int. No. 107 - Establishing Maximum Compensation For A Professional Services Agreement For The High Falls Centers The Neighborhood & Business Development Committee recommends for consideration the following entitled legislation: Int. No. 223 - Authorizing The Sale Of Cultural Center Commission And City Parcels To The University Of Rochester Int. No. 233 - Amending The 2010-11 Consolidated Community Development Plan And Ordinance No. 2010-361 Relating To The Frederick Douglass Apartments Project Int. No. 244 - Approving Consolidated Plan Housing Development Fund Programs Int. No. 247 - Approving The Consolidated

Sale of Real Estate With the exception of purchasers of unbuildable vacant land, staff has audited City records to ensure that purchasers do not own other properties with code violations or delinquent taxes. The records of the Bureau of Inspection and Compliance Services were also audited to ensure that purchasers have not been in contempt of court or fined as a result of an appearance ticket during the past five years. The first nine parcels are vacant lots sold by proposal to the adjacent owner. There are six buildable vacant lots being purchased by Flower City Habitat for Humanity to build new single-family homes as part of the JOSANA development. The remaining three are all being purchased by adjacent owners who will combine these lots with their current parcels. For the Wilder St lot, the buyer will also enclose the property with a fence. The last seven properties are unbuildable vacant lots; they are each being purchased by their adjacent owners. The intention of each owner is to combine the vacant lot with their respective parcel. The first year projected tax revenue for these sixteen properties, assuming full taxation, current assessed valuations and current tax rates, is estimated to be $5,565. All City taxes and other charges, except water charges, against properties being sold by the City

Page 208

TUESDAY, JUNE 21, 2011

will be canceled on the first day of the month following adoption of the ordinance because either the City has agreed to convey the properties free of City tax liens and other charges, or these charges have been included in the purchase price. Amending Ordinance No. 2009-300 Ordinance No. 2009-300 authorized the sale of 324 Conkey Avenue; it was intended to include the sale of the adjoining unbuildable vacant lot at 312 Conkey Avenue. This amendment will authorize the sale of 312 Conkey Avenue to the purchaser of 324 Conkey Avenue. The two properties will be combined. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-72 Ordinance No. 2011-195 (Int. No. 222) Authorizing The Sale Of Real Estate And Amending Ordinance No. 2009-300 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the negotiated sale of the following parcels of vacant land with proposal: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

Pt. of 12 Calihan Pk Pt. of 105.65-2-19

29x124 3,480 $ 325 Generation Management of Rochester*

158-160 Campbell St 120.27-1-15 397 Central Pk 106.59-2-13 83-85 Eddy St 120.34-2-51 464 Jay St 105.83-1-20.1 316-320 Orange St 105.82-2-50 424 Orange St 105.82-3-58 116 Whitney St 105.82-2-61.1 241-243 Wilder St 120.26-2-36.1

Price

55x133 7,315 $ 500 Flower City Habitat for Humanity** 40x120 4,791 $ 550 Eva Colon 93x114 4,953 $ 425 Flower City Habitat for Humanity 53x85 4,505 $ 425 Flower City Habitat for Humanity 40x140 5,600 $ 450 Flower City Habitat for Humanity 50x140 7,000 $ 475 Flower City Habitat for Humanity 79x159 8,301 $ 525 Flower City Habitat for Humanity 81x164 13,068 $2,000 Gary W. Lotta

* Board Members: Mercedes M. Vogt, President; Gerald J. Vogt, Treasurer ** Board Members: Thomas Rogers, Chairman; Russ Bullock, Vice Chairman; Jeffrey Lewis,

Treasurer; Tim Scahill, Secretary; Arthur Woodward, President & CFO Section 2. The Council hereby approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Lot Size Sq. Ft. Purchaser

124 Bartlett St 120.68-1-70 Pt. of 12 Calihan Pk 105.65-2-19

33x141 4,653 Erskine Lattimore 5x120 600 C.A. Moneypenny & W.M. DeWolfe 33x100 3,400 Shukri M. Amireh 42x80 3,360 Juan Rivera 9x107 963 Shirley A. Malone 38x97 3,920 Loretta Wesley 24x41 1,016 Stephen & Jeanne Bentivegna

47-51 Conkey Av 106.37-2-23 644-648 Jay St 105.82-1-83 64.5 Quincy St 107.70-2-37.2 15 Watkin Ter 106.33-3-46 Pt. of 47 Waverly Pl Pt. of 121.37-1-42

Section 3. Section 1 of Ordinance No. 2009300, authorizing the sale of real estate, is hereby amended to add the unbuildable vacant parcel at 312 Conkey Avenue to the sale of 324 Conkey Avenue: Address Use Purchaser

Lot Size S.B.L.#

324 Conkey Av and 80x125 1 Family 091.77-3-25.1 312 Conkey Av 40x85 Vacant Land 091.77-3-23.1 Chenda Yok

Price

$400

Section 4. City taxes and other City charges, except water charges, against said properties are hereby canceled up to the first day of the month following the date of adoption of this ordinance for the reason that the City has agreed to convey said properties free of City tax liens and other charges or because these charges have been included in the purchase price. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-196 Re: Quadrant Planning Transmitted herewith for your approval is legislation appropriating $50,000 from the Improving the Housing Stock and General Property Conditions Allocation/Neighborhood and Asset Based Planning Fund of the 2010-11 Community Development Block Grant and $50,000 from the Improving

TUESDAY, JUNE 21, 2011 the Housing Stock and General Property Conditions Allocation/Neighborhood and Asset Based Planning fund of the 2011-12 Community Development Block Grant for the Quadrant Planning and Project Program. The 2010-11 and 2011-12 Consolidated Community Development Plan Annual Action Plans identified funding in the amount of $100,000 ($50,000 from each year) for planning and technical assistance to neighborhood and sector groups working with the Quadrant Teams on neighborhood planning and improvements projects. The Quadrant Planning and Project Program will provide funding for Community Development Block Grant eligible planning, neighborhood promotion, neighborhood beautification and other small neighborhood projects. Each quadrant, and Downtown, has been allocated $20,000.

Page 209 mediately. Passed unanimously. Councilmember Palumbo moved to amend Int. No. 225. The motion was seconded by Councilmember Spaull The motion was adopted by the following vote: Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Palumbo, Ortiz, Scott, Spaull - 9. Nays - None - 0. TO THE COUNCIL Ladies and Gentlemen:

Decisions on project funding will be made by the quadrant teams. The program limits qualified administrative expenses as approved by the Office of the Commissioner to no more than 9%.

Ordinance No. 2011-197 Re: Agreement - DePaul Properties, NOTA Special Needs Apartments Project

Respectfully submitted, Thomas S. Richards Mayor

Transmitted herewith for your approval is legislation authorizing a loan agreement in the amount of $500,000 with DePaul Key Housing, Inc. for the Neighborhood of the Arts (NOTA), Special Needs Apartments project; and appropriating $500,000 in HOME funds from the Rental Housing Fund of the 2011-12 Community Development Plan to finance the loan.

Ordinance No. 2011-196 (Int. No. 224) Appropriating Funds For Quadrant Planning BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Neighborhood and Asset Based Planning allocation (Quadrant Planning and Project Program Account) of the 2011-12 Community Development Block Grant the sum of $50,000 and from the Improving the Housing Stock and General Property Conditions Objective, Neighborhood and Asset Based Planning allocation (Quadrant Planning and Project Program Account) of the 2010-11 Community Development Block Grant the sum of $50,000, or so much thereof as may be necessary, to fund the Quadrant Planning and Project Program in the following amounts: Quadrant Northwest Northeast Southwest Southeast Downtown

Amount $20,000 20,000 20,000 20,000 20,000

Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect im-

DePaul Properties is proposing a supportive living housing project at the corner of University Avenue and Elton Street. The project includes the rehabilitation of four existing buildings and the construction of a new 2-story building. Also, two existing houses on University Avenue that were built in 1900 will receive full exterior and interior renovations and will each have three one-person apartments. The completed project will offer a total of 46 rental units. The site, across the street from the George Eastman House, is on a major bus route with easy access to banks, shopping, restaurants, and museums. A PILOT agreement for this project was authorized in November 2010 (Ord. No. 2010-390). Since then, DePaul Properties has secured a portion of the needed funding from New York State. The City funding will complete the financing package. The project budget totals $10.2 million. The HOME loan will be used for construction and permanent financing and will be offered as a 30 year loan, with 1% annual interest payments to be made with the principal deferred to the end of the loan term. The project budget is as follows: Costs Acquisition Construction Soft costs Operating reserve

$ 2,350,000 4,867,242 1,734,008 10,000

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TUESDAY, JUNE 21, 2011

Developer fee Total

1,304,880 $10,266,130

Sources CPC Loan Tax credit equity HCR Homes for Working Families OMH grant City of Rochester Loan City of Rochester Loan Interest Income during rehab Equity Total

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

$ 5,865,000 2,535,865 656,064 200,000 500,000 6,667 118,437 384,097 $10,266,130

The project is expected to begin in July and be completed by Summer 2012. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-197 (Int. No. 225, As Amended) Approving A Loan Agreement For The NOTA Special Needs Apartment Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into a loan agreement with [DePaul Key Housing, Inc.] NOTA Special Needs Apartments, LP or an affiliated housing development fund company formed for the purpose of developing the Project, whereby the City shall provide a loan to partially finance the costs of the rehabilitation of housing units as a part of the Neighborhood of the Arts (NOTA) Special Needs Apartment Project at 810, 816 and 822-832 University Avenue and 19 Elton Street. The funding shall be provided as a construction loan and permanent financing for a term not to exceed 30 years, with interest of 1% payable subject to the availability of cash flow, and principal payments deferred until the end of the term. The Mayor is authorized to adjust the interest rate and other terms and conditions of the loan in order to conform to legal requirements for tax credits and for the Project. Section 2. The agreement shall obligate the City to pay an amount not to exceed $500,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Rental Housing allocation of the 2011-12 HOME Program. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added.

Ordinance No. 2011-198 Re: Agreements and Appropriations 2008-09, 2009-10, and 2011-12 Consolidated Community Development Plans, Rental Market Fund Transmitted herewith for your approval is legislation related to housing programs which will be financed from the 2008-09, the 2009-10, and the 2011-12 Consolidated Community Development Plans in order to fund services to landlords and tenants under the Rental Market Fund. Specifically this legislation will authorize agreements and appropriate a total of $198,312 from the Community Development Block Grant (CDBG) to finance the cost of the agreements as follows: 1. Amend Ordinance No. 2009-106 by reducing the appropriation for Aging in Place by $12,000 and transferring the same amount to the Rental Market Fund of the 2008-09 CDBG; 2. Establish $172,312 as maximum compensation for an agreement with Legal Aid Society of Rochester, New York, Inc. for Landlord and Tenant Services, and appropriate that amount from the Rental Market Fund of the following CDBGs: $12,000 from 2008-09; $1,312 from 2009-10; and $159,000 from 2011-12; and 3. Establish $26,000 as maximum compensation for an agreement with Monroe County and The Housing Council in the Monroe County Area, Inc. for Tenant Education, and appropriate that amount from the Rental Market Fund of the 2011-12 CDBG. The most recent legislation was passed by City Council in September 2010 (Ord. 2010-324). This appropriation is based upon funding of 2010-11. If funds are different, not available, or are less than anticipated, the agreement amounts and terms will be adjusted accordingly. The activities undertaken by these agencies provide landlords with the knowledge to successfully maintain rental housing, and provide tenants with services that reestablish or attain stable housing situations. Services for landlords include seminars in business and legal operation of residential rental property and individual counseling. Tenants will receive education, and eviction prevention services. The Rental Housing Fund supports the City Housing Policy objective to support efforts to strengthen the rental market. Program descriptions are attached. Respectfully submitted, Thomas S. Richards Mayor

TUESDAY, JUNE 21, 2011

Page 211 Conklin, Haag, McFadden, Miller, Ortiz, Scott, Spaull - 8.

Attachment No. AK-73 Ordinance No. 2011-198 (Int. No. 226)

Nays - None - 0.

Approving Consolidated Plan Rental Market Fund Programs And Amending The 2008-09 Community Development Plan And Ordinance No. 2009-106

Councilmember Palumbo abstained.

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No.2011-199 Re: Community Development Block Grant - Business Programs

Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations in the following amounts for Rental Market Fund Programs: Legal Aid Society of Rochester, NY, Inc. The Housing Council in the Monroe County Area, Inc.

$172,312 26,000

Section 2. The Programs in Section 1 shall obligate the City to pay an amount not to exceed $198,312, and of said amount, or so much thereof as may be necessary, $159,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Rental Market allocation (Landlord Tenant Services Account) of the 2011-12 Community Development Block Grant, $26,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Rental Market allocation (Tenant Education Account) of the 201112 Community Development Block Grant, $1,312 is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2009-10 Community Development Program and $12,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2008-09 Community Development Program. The Council hereby approves an amendment to the 2008-09 Community Development Plan whereby within the Improving the Housing Stock and General Property Conditions Allocation, the sum of $12,000 shall be transferred from the Aging in Place Home Modification Program Account to the Landlord Tenant Services Account. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2009-106, relating to an agreement for the Aging in Place Home Modification Program, is hereby amended by reducing the amount authorized and appropriated therein by the sum of $12,000, which amount is transferred and reappropriated herein. Section 5. This ordinance shall take effect immediately.

TO THE COUNCIL Ladies and Gentlemen:

Transmitted herewith for your approval is legislation related to the City of Rochester’s Business Programs. This legislation will appropriate a total of $1,917,303 as follows: 1. Appropriate a total of $1,333,569 from the Economic Stability allocation of the 2011-12 Consolidated Community Development Plan to fund business programs; 2. Appropriate and re-appropriate a total of $583,734 from previous annual Consolidated Plans (2002-03 through 2009-10) for Business Programs, as summarized in separate legislation regarding the 2011-12 Consolidated Plan; 3. Authorize agreements necessary to implement the following specific programs; and 4. Authorize the Director of Finance to make adjustments to the reprogrammed amounts set forth below which may have changed prior to the date of this ordinance. Funds will be allocated for programs as summarized below. Program descriptions are attached. Program Consolidated Plan ED Financial Assistance Loan and Grant Programs 2002-03 2004-05 2007-08 2008-09 2009-10 Total: previous years 2011-12 Section 108 Loan Loss Reserve 2011-12 Targeted Façade Improvement Program 2011-12 Neighborhood Commercial Assistance Program 2011-12 Total: 2011-12

Passed by the following vote:

Total for 2011-12 Business Programs

Ayes - President Warren, Councilmembers

Respectfully submitted,

Amount

$

9,315 27,719 265,672 164,981 116,047 $ 583,734 $ 240,183 300,000 350,000 443,386 $1,333,569

$1,917,303

Page 212

TUESDAY, JUNE 21, 2011 tion related to housing programs that will be financed from the Homeownership Promotion Fund allocations of the 2008-09, 2010-11, and 2011-12 Consolidated Community Development Plans. This legislation will:

Thomas S. Richards Mayor Attachment No. AK-74 Ordinance No. 2011-199 (Int. No. 227) Approving Business Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from the following accounts of the Community Development Block Grants the sum of $1,917,303, or so much thereof as may be available and necessary, to fund the following programs: Account/Program Consolidated Plan

Amount

ED Financial Assistance Loan and Grant Programs 2002-03 $ 9,315 2004-05 27,719 2007-08 265,672 2008-09 164,981 2009-10 116,047 2011-12 240,183

1. Appropriate $100,000 from the Buyer Assistance allocation of 2010-11 HOME funds to finance down payment and closing costs assistance; 2. Appropriate $335,000 from the Foreclosure Prevention allocations of the 2008-09 ($75,000) and of the 2011-12 ($260,000) Community Development Block Grants, and establish $335,000 as maximum compensation for an agreement with The Housing Council in the Monroe County Area, Inc.; 3. Appropriate an additional $40,000 from the Foreclosure Prevention allocation of the 2011-12 CDBG and establish that amount as maximum compensation for an agreement with the Empire Justice Center. The Housing Council and Empire Justice Center will provide foreclosure prevention services as described in attached program description.

Targeted Façade Improvement Program 2011-12 $350,000

The appropriation of 2011-12 funds is based on the assumption that funding will be consistent with the amount received in 2010-11. Once the City’s allocation is finalized, agreement amounts and terms will be adjusted accordingly. The most recent legislation was approved by Ordinance No. 2010249 in July 2010.

Neighborhood Commercial Assistance Program 2011-12 $443,386

The Homeownership Promotion Fund supports the City’s Housing Policy objective to promote home ownership. Program descriptions are attached.

Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the programs authorized herein.

Respectfully submitted, Thomas S. Richards Mayor

Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Attachment No. AK-75

Section 108 Loan Loss Reserve 2011-12 $300,000

Section 4. The Director of Finance shall have the authority to make adjustments to the amounts set forth which may have changed prior to the adoption of this ordinance. Section 5. This ordinance shall take effect immediately.

Ordinance No. 2011-200 (Int. No. 228) Approving Consolidated Plan Homeownership Promotion Fund Programs BE IT ORDAINED, by the Council of the City of Rochester as follows:

TO THE COUNCIL Ladies and Gentlemen:

Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations in the following amounts, or the following amounts are allocated, for Homeownership Promotion Fund Programs:

Ordinance No. 2011-200 Re: Agreements and Appropriations - 2008-09, 2010-11, and 2011-12 Consolidated Community Development Plans, Homeownership Promotion Fund

Down Payment/Closing Cost Assistance The Housing Council in the Monroe County Area, Inc. Empire Justice Center

Passed unanimously.

Transmitted herewith for your approval is legisla-

Section 2.

$100,000 335,000 40,000

The Programs in Section 1 shall

TUESDAY, JUNE 21, 2011 obligate the City to pay an amount not to exceed $475,000, and of said amount, or so much thereof as may be necessary, $75,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions allocation of the 2008-09 Community Development Program, $300,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Homeownership Promotion allocation (Foreclosure Prevention Account) of the 201112 Community Development Block Grant, and $100,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Buyer Assistance allocation of the 2010-11 HOME Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately.

Page 213 Thomas S. Richards Mayor Ordinance No. 2011-201 (Int. No. 229) Amending Ordinance No. 2011-24 Relating To The Exterior And Security Rehabilitation Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2011-24, authorizing an agreement for Phase II of the Exterior and Security Rehabilitation Program as a part of the Focused Investment Strategy, is hereby amended by reducing the total amount authorized for the agreement with NCS Community Development Corporation, Inc. and the amount funded from the 2010-11 Cash Capital allocation by the sum of $120,000, which amount shall be used by the City to purchase windows for the Program.

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

Section 2. This ordinance shall take effect immediately. Passed unanimously.

Ordinance No. 2011-201 Re: Amendatory Agreement - NCS Community Development Corporation, Focused Investment Strategy Transmitted herewith for your approval is legislation authorizing an amendatory agreement with NCS Community Development Corporation to decrease maximum compensation by $120,000, from $1,232,000 to $1,112,000. The original agreement for services related to the Focused Investment Strategy Program, Exterior and Security Rehabilitation Program (ESRP) for owneroccupants, Phase II was authorized by Ordinance No. 2011-24. The ESRP program provides financial assistance to eligible owner-occupants for exterior repairs and lead-based paint hazard remediation. A significant work activity is expected to be window replacement. The City currently contracts with B&L Wholesale as its window provider for the Lead Hazard Control Program. Windows are purchased in bulk quantities which allows for a lower per unit cost. B&L Wholesale has agreed to extend their agreement to service properties enrolled in the ESRP. In order to maintain a consistent billing system between the City and B&L Wholesale, the agreement with NCS Community Development Corporation will be reduced by $120,000 to allow this funding to be used directly by the City to pay for the windows. It is has been estimated that properties enrolled in the ESRP will require approximately 20 new windows at a cost of $140 each for a total of 40 properties, for a total of $112,000; $120,000 is being requested to account for unanticipated costs. Respectfully submitted,

TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-202 Re: Sale of Real Estate and Redevelopment - Valley Court Site Transmitted herewith for your approval is legislation relating to the sale of the former Valley Court site located at 1170 Genesee Street and four adjacent parcels located on Oak Hill View to Woodstone Custom Homes Inc. and the redevelopment of the sites into a new housing subdivision. Specifically, this legislation will: 1. Authorize the sale of five City-owned parcels to Woodstone Custom Homes Inc., Pittsford, New York, for the aggregate appraised value of $155,000. An independent appraisal was completed on December 8, 2009 by Bruckner, Tillett, Rossi, Cahill, & Associates. The properties include: 1170 Genesee Street; and 53, 57, 63, and 69 Oak Hill View. 2. Establish $885,000 as maximum compensation for an agreement with Woodstone Custom Homes Inc. for the construction of housing to be sold to purchasers who earn under 120% of Area Median Income (AMI). The cost of the agreement will be funded from 2008-09 Cash Capital. Woodstone was selected from six proposals received in response to a request issued by the City. Woodstone’s plan includes the construction of a new roadway with infrastructure and 29 singlefamily detached homes. The estimated sales price for the homes will be $155,000. Four of the homes will be required to be sold to households that earn

Page 214

TUESDAY, JUNE 21, 2011

under 120% of AMI.

the 2008-09 Cash Capital allocation.

The agreement with Woodstone will include the following allocations of funding:

Section 3. The Mayor or his designee is hereby further authorized to enter into purchase price subsidy agreements with qualified purchasers of homes at the former Valley Court site. The agreements shall obligate the City to pay an amount not to exceed $120,000, and said amount, or so much thereof as may be necessary, shall be funded from the 2008-09 Cash Capital allocation.

● Construction cost financing $765,000 This assistance obligates Woodstone Custom Homes to sell four of the homes to purchasers who fall at or below 120% of AMI. ● Subsidies for purchasers

$120,000

This amount will be made available to buyers who meet the 120% or below AMI requirement. Subsidy amounts will be determined on a sliding scale, based on ability to obtain a mortgage.

Section 4. The agreements shall contain such additional terms and conditions as the Mayor or his designee deems to be appropriate. Section 5. This ordinance shall take effect immediately. Passed by the following vote:

The new development will increase the taxable assessment by approximately $4.5 million dollars and the tax base by $90,000. Design will begin in Summer 2011, with road construction to begin in late 2011 or early 2012 and home construction/sales by mid-2012. The buildout and sales are expected to be complete by mid2015. Upon completion of the project, Woodstone Custom Homes Inc. will deed the roadway to the City. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-76 Ordinance No. 2011-202 (Int. No. 230) Authorizing The Sale Of The Former Valley Court Site And Authorizing Subsidy Agreements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcels of real estate at the former Valley Court site to Woodstone Custom Homes Inc. for the sum of $155,000 for the redevelopment of the site into a new housing subdivision: Address

SBL. No.

1170 Genesee Street 53 Oak Hill View 57 Oak Hill View 63 Oak Hill View 69 Oak Hill View

135.50-2-25 135.50-2-17 135.50-2-16 135.50-2-15 135.50-2-14

Section 2. The Mayor is hereby authorized to enter into an agreement with Woodstone Custom Homes Inc. for the creation of affordable housing units at the former Valley Court site. The agreement shall obligate the City to pay an amount not to exceed $765,000, and said amount, or so much thereof as may be necessary, shall be funded from

Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - Councilmember Haag - 1. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-203 Re: Agreement - Greater Rochester Enterprise, Economic Development Services Transmitted herewith for your approval is legislation establishing $50,000 as maximum compensation for an agreement with Greater Rochester Enterprise (GRE) to provide services related to attracting businesses to the City of Rochester. The agreement will be financed from the Fund for the City’s Future, and will have a term of one year, expiring on June 30, 2012. This past year, GRE has assisted in bringing several out-of-state leads to the City of Rochester for development. They also support entrepreneurship and innovation within our community. Efforts continue at assisting three high-tech businesses (Quintel Technology, Omni-ID and Intrinsiq Materials) at Eastman Business Park, as well as continual efforts to attract other development opportunities to our community. GRE collaborates with government leaders, businesses, universities, as well as not-for-profit organizations to help ensure a united approach to economic development within the city and the Greater Rochester/Finger Lakes region. GRE acts as an ambassador to promote the City, to connect businesses to City resources, and to lead initiatives, as appropriate, to increase resources for new business establishments. Terms of the agreement are similar to last year’s agreement and will include the following expectations, among others: ● Work with the Rochester region’s economic development partners to attract businesses lo-

TUESDAY, JUNE 21, 2011 cated outside the region to the City of Rochester. ● Deliver at least fifteen out-of-region business attraction opportunities that can include sites located within the City of Rochester. ● Include and reference the City of Rochester prominently in all marketing content it develops to promote the Greater Rochester/Finger Lakes region, including but not limited to www.RochesterBiz.com, quarterly newsletters, presentations delivered to local business groups, and capstone presentations delivered to out-of-region companies. The most recent annual agreement was authorized by City Council in November 2010 through Ordinance No. 2010-391. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-203 (Int. No. 231) Authorizing An Agreement For Economic Development Support Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Greater Rochester Enterprise for support of the City’s economic development efforts. Section 2. The agreement shall obligate the City to pay an amount not to exceed $50,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Fund for the City’s Future. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-204 Re: Agreement - Bergmann Associates, P.C. 3D GIS Spatial Model of Center City Transmitted herewith for your approval is legislation establishing $80,000 as maximum compensation for an agreement with Bergmann Associates, P.C. for the development of a 3D GIS spatial model of Center City. The cost of the agreement will be financed from the 2010-11 Budgets of the Departments of Neighborhood and Business Development ($68,000) and Environmental Services ($12,000).

Page 215 The study area includes the Center City District (CCD), which is generally defined as the area within, and immediately surrounding, the Inner Loop Expressway, including the High Falls District. The creation of a 3D GIS spatial model of Center City will improve the City’s development review process, master planning activities, and environmental impact analysis capabilities. Use of the model will also improve citizen involvement in and understanding of land use, zoning, and design decisions and will enhance the ability to market Rochester’s downtown development opportunities throughout the country via the Internet. Ultimately, it is envisioned that the model will be fully integrated into all of the City’s development, design, permitting, and environmental review processes to make them more efficient and more responsive to changing needs. A request for proposals was sent directly to seven local firms and was posted on the City website. Proposals were received from Sanborn Mapping (Colorado); CyberCity (California); Three Scale Strategy (Ohio); and Bergmann. Following review by an interdepartmental staff team, Bergmann was recommended based on their qualifications, prior experience, knowledge of the Center City District, and their overall approach to the project. Bergmann Associates will work with a steering committee of City departmental representatives to complete the study by the end of March, 2012. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-204 (Int. No. 232) Establishing Maximum Compensation For A Professional Services Agreement For A GIS Model BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $80,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Bergmann Associates, P.C. for the development of a 3D GIS spatial model of the Center City. Of said amount, $68,000 shall be funded from the 2010-11 Budget of the Department of Neighborhood and Business Development and $12,000 shall be funded from the 2010-11 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen:

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TUESDAY, JUNE 21, 2011

Ordinance No. 2011-205 Re: 2011-12 Housing Opportunities For Persons with AIDS (HOPWA) Transmitted herewith for your approval is legislation related to the Federal Housing Opportunities for Persons with AIDS (HOPWA) program. This legislation will: 1. Establish maximum compensation for agreements as follows for delivery of HOPWA services: ● AC Center, Inc. d/b/a AIDS Care ● Catholic Charities of the Diocese of Rochester d/b/a Catholic Charities Community Services

$430,834.00

$264,522.83

To fund the agreements, the following additional legislation will: 2. Appropriate a total of $691,830 from the 2011-12 allocation of the Housing Choice Fund of the Consolidated Community Development Plan. This amount is based on the assumption that funding will be consistent with the 2010-11 level. Once the City’s allocation is finalized, agreement amounts and terms will be adjusted accordingly. Of this amount, $428,934 will partially finance the agreement with AIDS Care; $262,896 will partially finance the agreement with Catholic Charities. 3. Amend Ordinance No. 2008-86 to reappropriate $10 in unused funds originally appropriated for AIDS Care (from the 200708 HOPWA allocation of the General Community Needs Fund of the Consolidated Community Development Plan), for this year’s agreement with AIDS Care; 4. Amend Ordinance No. 2009-64 to reappropriate unused funds originally appropriated for AIDS Care and Catholic Charities from the 2008-09 HOPWA allocation of the General Community Needs Fund of the Consolidated Community Development Plan to partially fund this year’s agreements as follows: ● $1,890 will be re-appropriated for the agreement with AIDS Care ● $1,626.83 will be re-appropriated from the agreement with Catholic Charities HOPWA provides housing assistance and services to prevent homelessness for individuals with HIV/AIDS and related complications, and their families. Long-term (over 21 weeks) and shortterm assistance is available in the form of payments of rent, mortgage, and utilities. Both providers maximize HOPWA assistance through the coordination of other funding sources and service providers.

Data regarding the past 12 months and projections of services for the 2011-12 program are summarized below. Under the last funding, agreement terms were set at 15 months and funding amounts were significantly higher than will be available for 2011-12. Both agreements are now on the City’s fiscal year calendar and are consistent with other Community Development Plan programs. Households Served Agency 4/10 to 6/11 15 Month Goal AIDS Care: Long Term 60 Short Term 108 Households 168

4/10-4/11 12 Month Actual

Projected 7/11 to 6/12

64

85

25

48

89

133

Catholic Charities Community Services: Long Term 50 39 53 Short Term 50 12 24 Households 100 51 77 Total Households 268

140

210

There is an increased demand for additional longterm assistance due, in part, to improved medical treatment contributing to longer life expectancies. Both agencies participate in the Rochester/Monroe County Continuum of Care Team. This legislation supports City Housing Policy element Promote Housing Choice. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-205 (Int. No. 251) Authorizing Agreements For The Housing Opportunities For Persons With AIDS Program And Amending Ordinances No. 2008-86 And 2009-64 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations for services under the Housing Opportunities for Persons with AIDS Grant Program: Organization

Amount

AC Center, Inc. d/b/a AIDS Care

$430,834

TUESDAY, JUNE 21, 2011 Catholic Charities of Diocese of Rochester d/b/a Catholic Charities Community Services

Page 217 ment plan; 264,522.83

Section 2. The agreements shall obligate the City to pay an amount not to exceed $695,356.83, and of said amount, or so much thereof as may be necessary, $691,830 or so much as may be available is hereby appropriated from 2011-12 Housing Opportunities for Persons With AIDS Grant Funds, contingent upon receipt of said funds, $10 is reappropriated from 2007-08 Housing Opportunities for Persons With AIDS Grant Funds and $3,516.83 is reappropriated from 2008-09 Housing Opportunities for Persons With AIDS Grant Funds. The Director of Finance shall have the authority to make adjustments to the maximum amounts set forth herein if the amount received under the 201112 Housing Opportunities for Persons With AIDS Grant changes after the adoption of this ordinance. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2008-86, appropriating funds and authorizing agreements for the Housing Opportunities for Persons With AIDS Grant Program, is hereby amended by reducing the amount authorized and appropriated therein for AIDS Rochester, Inc. by the sum of $10, which amount is reappropriated herein. Section 5. Ordinance No. 2009-64, appropriating funds and authorizing agreements for the Housing Opportunities for Persons With AIDS Grant Program, is hereby amended by reducing the amount authorized and appropriated therein for Catholic Charities, Inc. by the sum of $1,626.83, and for AIDS Rochester, Inc. by the sum of $1,890, which amounts are reappropriated herein. Section 6. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo, Scott, Spaull - 8. Nays - None - 0. Councilmember Haag abstained. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-206 Re: 2011-12 Emergency Shelter Grant Program Service Agreements Transmitted herewith for your approval is legislation related to the Emergency Shelter Grant (ESG) Program. This legislation will: 1. Appropriate a total of $401,818 of the ESG allocation of the Housing Choice Fund of the 2011-12 Consolidated Community Develop-

2. Establish maximum compensation for agreements with service providers as summarized below; 3. Amend Ordinance No. 2009-196, authorized in June 2009, to reappropriate $11,737 in unused funds from the ESG allocation of the 2009-10 Consolidated Community Development Plan to partially fund the agreement with Alternatives for Battered Women, Inc. The amendment will reduce amounts of the original appropriations from the following agencies: Asbury Dining and Care; Catholic Charities of the Diocese of Rochester - d/b/a Catholic Charities Community Services; The Center for Youth Services, Inc.; Dimitri House, Inc.; St. Martins Place; and Sojourner House at PathStone, Inc. Agreements and allocations for the 2011-12 ESG program are as follows: Agency Allocation Alternatives for Battered Women, Inc. $ 21,153 Baden Street Settlement of Rochester, Inc. 19,293 Catherine McAuley Housing, Inc. d/b/a Mercy Residential Services Transitional Housing 12,437 Emergency Housing 12,437 Catholic Charities of Diocese of Rochester d/b/a Catholic Charities Community Services 19,293 Catholic Family Center Francis Center 14,183 Sanctuary House 14,183 Women’s Place 14,182 Dimitri House, Inc. 19,293 Recovery Houses of Rochester, Inc. 23,944 Rochester Area Interfaith Hospitality Network, Inc. 22,083 Sojourner House at PathStone, Inc. 29,525 Spiritus Christi Prison Outreach, Inc. Jennifer House 14,297 Nielson House 14,297 The Center for Youth Services, Inc. 28,594 The Community Place of Greater Rochester, Inc. 19,293 The Salvation Army a New York Corporation/Booth Haven 36,036 Veterans Outreach Center, Inc. 19,293 Volunteers of America of Western New York, Inc. 19,293 Wilson Commencement Park 19,293 YWCA of Rochester and Monroe County 21,153 Total $413,555 The appropriation of 2011-12 funds is based on the assumption that funding will be consistent with the amount received in 2010-11. Once the City’s allocation is finalized, agreement amounts and terms will be adjusted accordingly. The most recent Council action was taken with passage of Ordinance No. 2010-202.

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TUESDAY, JUNE 21, 2011

The ESG Program provides housing opportunities and support services for individuals and their families that are homeless or at risk of homelessness. Eligible activities include: case management to address the needs of homeless persons living on the street, in emergency shelter or in transitional housing, operating costs for emergency shelters and transitional housing. Attached is a list of the agencies and their services. This legislation supports the City Housing Policy’s Section 4: To Promote Housing Choice. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-77 Ordinance No. 2011-206 (Int. No. 257) Authorizing Agreements For The Emergency Shelter Grant Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations in the following amounts, or the following amounts are allocated, for projects under the Emergency Shelter Grant Program: Organization Alternatives for Battered Women, Inc. Baden Street Settlement of Rochester, Inc. Catherine McAuley Housing d/b/a Mercy Residential Services/ Transitional Housing Catherine McAuley Housing d/b/a Mercy Residential Services/ Emergency Services Catholic Charities of the Diocese of Rochester d/b/a Catholic Charities Community Services Catholic Family Center/Francis Center Catholic Family Center/Sanctuary House Catholic Family Center/Women’s Place Dimitri House, Inc. Recovery Houses of Rochester, Inc. RAIHN (Rochester Area Interfaith Hospitality Network, Inc.) Sojourner House at PathStone, Inc. Spiritus Christi Prison Outreach, Inc./Jennifer House Spiritus Christi Prison Outreach, Inc./Neilsen House The Center for Youth Services, Inc. The Community Place of Greater Rochester, Inc. The Salvation Army, a New York Corp./Booth Haven Veterans Outreach Center, Inc.

Volunteers of America of Western New York, Inc. Wilson Commencement Park, Inc. YWCA of Rochester and Monroe County

19,293 19,293 21,153

Section 2. The agreements shall obligate the City to pay an amount not to exceed $413,555, and of said amount, or so much as may be available, $401,818 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Housing Choice allocation (Emergency Shelter Program Account) of the 2011-12 Emergency Shelter Grant and $11,737 is hereby reappropriated from 2009-10 Emergency Shelter Grant Program Funds. The Director of Finance shall have the authority to make adjustments to the maximum amounts set forth herein if the amount received under the 2011-12 Emergency Shelter Grant or the amount of the funds reduced herein change after the adoption of this ordinance. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2009-196, relating to the Emergency Shelter Grant Program, as amended, is hereby further amended by reducing the amounts authorized and appropriated therein by the sum of $11,737, which amount is reappropriated herein. The Director of Finance shall reduce the amounts for specific agreements based on the unexpended funds for each organization.

Amount $21,153

Section 5. This ordinance shall take effect immediately.

19,293

Passed by the following vote:

12,437

Ayes - President Warren, Councilmembers Conklin, Haag, McFadden, Miller, Ortiz, Palumbo, Scott - 8.

12,437

Nays - None 0. Councilmember Spaull abstained.

19,293 14,183 14,183

Introductory No. 107 was introduced April 26, 2011 and appears in its original form with its transmittal letter on page 109 of the current Council Proceedings. Ordinance No. 2011-207 (Int. No. 107)

14,182 19,293 23,944 22,083 29,525

Establishing Maximum Compensation For A Professional Services Agreement For The High Falls Centers

14,297

Passed unanimously.

14,297 28,594

TO THE COUNCIL Ladies and Gentlemen:

19,293

Ordinance No. 2011-208 Re: Cultural Center Commission Sale of Property

36,036 19,293

TUESDAY, JUNE 21, 2011 Transmitted herewith is legislation approving the sale of properties within the Cultural District to the University of Rochester as follows: 1. 420 E. Main Street, owned by the Cultural Center Commission, for the appraised value of $640,000; 2. 403 E. Main Street, owned by the Cultural Center Commission, for the appraised value of $43,000; 3. 400 E. Main Street and 100 N. Chestnut Street, owned by the City of Rochester, for the combined appraised value of $6,700. The Cultural Center Commission approved the sale of the following properties at their March 30, 2011 meeting: 1. A 1.5 acre surface parking lot, also referred to as Block F or the “Rascal Café”, located at 420 E. Main Street; and 2. A .16 acre open space adjacent to the Miller Center, located 403 E. Main Street. Two incidental properties, owned by the City of Rochester and adjacent to Block F, are also recommended for sale including: 1. A 100 square foot parcel at 400 E. Main Street; and 2. A 567 square foot parcel located at 100 N. Chestnut Street. The University will purchase both City properties for the combined appraised value of $6,700. The combined appraised value of the City properties was established by Midland Appraisal Associates, in April 2011.

Page 219 surface parking. It is the intent of the University to have the property remain on the City property tax rolls. If the property is not developed within five years, the Commission will have the right to reacquire the property for the original sale price. The University will also purchase 403 E. Main Street for the appraised value of $43,000. The appraised value was established by Midland Appraisal Associates, Inc. in October 2011. The property is currently operated as a passive open space and is primarily utilized by Eastman School students. The University has continuously maintained this open space since it was created by the Commission in the late 1980s. It is the intent of the University to retain the current use of the property. The Cultural Center Commission was created in 1979 by an Act passed by the New York State Senate under Chapter 613 of the Laws of 1979. The Commission was jointly funded by the City of Rochester and County of Monroe through bond proceeds totaling over $17 million. The purpose of the Commission was to revitalize the area around the Eastman Theater and Grove Place Neighborhood through the implementation of the Cultural District Plan. A majority of the plan has been implemented and the revitalization efforts within the district are an enormous success. Once Block F is sold, it is the intent of the City to re-engage the County in discussions regarding the future of the Cultural Center Commission. Approval from the County Legislature is also required for sale of the Commission-owned properties. SEQR review for the sale of the parcel has been completed. A public hearing is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-78

420 E. Main Street is the last development parcel owned by the Commission and is located in the heart of the Eastman School of Music’s downtown “campus”. The Commission acquired this property in the mid 1980s and has operated the site for surface parking until redevelopment could be undertaken. Over the years, the Commission issued several rounds of requests for proposals for the property but was unable to find a project that was both acceptable and economically feasible. In late 2010, the University of Rochester proposed purchasing the property with the intent of developing the land for a mixed-use project. The University will purchase the property for the appraised value of $640,000. The appraised value was established by Midland Appraisal Associates, Inc. in October 2010. The University envisions the project will consist of several components, including provision for the expansion of the programs of the Eastman School of Music, and potentially other programs of the University in addition to residential, office and retail space. The University will work in conjunction with a private developer to plan and design the project. During the interim, the University will continue to operate the property for

Ordinance No. 2011-208 (Int. No. 223) Authorizing The Sale Of Cultural Center Commission And City Parcels To The University Of Rochester BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale by the Cultural Center Commission to the University of Rochester of 420 East Main Street, SBL No. 106.800-2-19.1, for the sum of $640,000, and 403 East Main Street, SBL No. 106.800-2-22.1, for the sum of $43,000. Section 2. The Council hereby approves the sale by the City to the University of Rochester of a portion of approximately 100 square feet of 400 East Main Street, SBL No. 106.800-2-66, and a portion of approximately 567 square feet of 100 North Chestnut Street, SBL No. 106.800-2-61, for the sum of $6,700.

Page 220 Section 3. This ordinance shall take effect immediately.

TUESDAY, JUNE 21, 2011 Thomas S. Richards Mayor Ordinance No. 2011-209 (Int. No. 233)

Passed by the following vote: Ayes - President Warren, Councilmembers Conklin, McFadden, Miller, Ortiz, Palumbo. Scott, Spaull - 8. Nays - None - 0. Councilmember Haag abstained. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-209 Re: Frederick Douglass Apartments Project Transmitted herewith for your approval is legislation related to financing for the Frederick Douglass Apartments Project at 442-466 West Main Street. This legislation will: 1. Amend Ordinance No. 2010-361 which authorized an agreement with F. Douglass, LLC to consolidate existing loans for the project. This amendment will authorize an agreement with the current owner of the subject properties, West Main St. Partners, to allow for the reduction, assumption and consolidation of two existing loans for said parcels at an amount of $457,000; 2. Amend the 2010-11 Consolidated Community Development Plan in order to receive and appropriate additional program income in the amount of $457,000; 3. Appropriate $457,000 from the 2010-11 Housing Development Fund of the 2010-11 Consolidated Community Development Plan; and 4. Authorize a loan agreement with F. Douglass, LLC for the Frederick Douglass Apartments Project, 442-466 West Main Street, in an amount not to exceed $457,000. It was recently concluded by the developer, Edgemere Development, that the loan agreement reflected in Ordinance No. 2010-361 creates a debt burden that prohibits their ability to syndicate their tax credits through their funding award with New York State. In order for the project to be financially feasible to the tax credit investors, it will be necessary to reduce the loan amount and to modify the payment terms. The loan shall be secured by a subordinate mortgage and note with 1% interest-only payments to the City, subject to the availability of cash flow, for a term of 30 years. Payment of the principal shall be deferred until the end of the term. A public hearing is required. Respectfully submitted,

Amending The 2010-11 Consolidated Community Development Plan And Ordinance No. 2010-361 Relating To The Frederick Douglass Apartments Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendment to the 2010-11 Consolidated Community Development Plan whereby the sum of $457,000 shall be added to a new account for the Frederick Douglass Apartments Project in the Improving the Housing Stock and General Property Conditions Objective, Housing Development allocation. Section 2. Ordinance No. 2010-361, relating to agreements for the Frederick Douglass Apartments Project, is hereby amended by amending Section 1 thereof to read in its entirety as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with West Main St. Partners for the Frederick Douglass Apartments Project, 442-466 West Main Street, SBL #120.36-2-11, 12, 13, 14, 15 & 16, which shall allow for the reduction, consolidation and repayment of the two existing loans for said parcels at an amount of $457,000, to reflect current values and to allow the new owners to obtain State funding for improvements to the Project. The Mayor is hereby further authorized to enter into a loan agreement with F. Douglass, LLC for funding for the Frederick Douglass Apartments Project in an amount not to exceed $457,000. Said amount is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Housing Development allocation (Frederick Douglass Apartments Project Account) of the 2010-11 Community Development Block Grant. The agreement shall be for a term of 30 years with interest at 1%, payable subject to the availability of cash flow. Payment of the principal shall be deferred until the end of the term. The Mayor is authorized to adjust the interest rate and other terms and conditions of the loan in order to conform to legal requirements for tax credits and for the Project. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-210 Re: Agreements and Appropriations 2010-11 and 2011-12 Consolidated Community Development Plans, Housing Development Fund

TUESDAY, JUNE 21, 2011

Page 221

Transmitted herewith for your approval is legislation relating to programs funded by the Housing Development Fund of the Consolidated Community Development Plan. This legislation will: 1. Establish $160,000 as maximum compensation for an agreement with Flower City Habitat for Humanity for development subsidies; 2. Appropriate $105,000 and $55,000 from the 2010-11 and 2011-12 New Construction allocations of the Plan to fund the agreement with Habitat for Humanity; 3. Establish $186,000 as maximum compensation for an agreement with the Rochester Housing Development Fund Corporation (RHDFC) for operation of the Home Rochester program; 4. Appropriate $186,000 from the Housing Development Support allocation of the 201112 Plan to fund the agreement with RHDFC; 5. Appropriate $1,000,000 from the Demolition allocation of the 2011-12 Plan to fund the City’s demolition program. The Housing Development Fund supports the City Housing Policy objective to promote the rehabilitation, redevelopment and new construction of housing. Program descriptions are attached for individual activities listed above. Respectfully submitted, Thomas S. Richards Mayor

propriated from the Improving the Housing Stock and General Property Conditions Objective, Housing Development allocation (Demolition Account) of the 2011-12 Community Development Block Grant, $105,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, New Construction allocation of the 2010-11 HOME Program and $55,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, New Construction allocation of the 2011-12 HOME Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-211, Ordinance No. 2011-212, Ordinance No. 2011-213 and Ordinance No. 2011-214 Re: Consolidated Community Development 2011-12 Annual Action Plan Transmitted herewith for your approval is legislation related to the Consolidated Community Development 2011-12 Annual Action Plan. This legislation will: 1. Approve the 2011-12 Annual Action Plan;

Attachment No. AK-79 Ordinance No. 2011-210 (Int. No. 244) Approving Consolidated Plan Housing Development Fund Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations in the following amounts, or the following amounts are allocated, for Housing Development Fund Programs: Flower City Habitat for Humanity Demolition Program Rochester Housing Development Fund Corp.

$ 160,000 1,000,000 186,000

Section 2. The Programs in Section 1 shall obligate the City to pay an amount not to exceed $1,346,000, and of said amount, or so much thereof as may be necessary, $186,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Objective, Housing Development allocation (Housing Development Support Account) of the 2011-12 Community Development Block Grant, $1,000,000 is hereby ap-

2. Authorize the submission of the plan to and any grant agreements with the U.S. Department of Housing and Urban Development (HUD); 3. Appropriate Urban Development Action Grant principal and interest repayments projected to be received during the 2011-12 program year for the City Development Fund; 4. Appropriate $352,000 to the NBD Project Assistance Fund. This amount was received from property owners in exchange for extended reversionary interest in several renovation projects; 5. Amend previous Consolidated Community Development Plans and corresponding Ordinances, as summarized in the attached summary, Consolidated Plan Funds for Reprogramming, to increase the Economic Stability allocation of the specified Consolidated Plans. A total of $583,734 in CDBG prior years will be reprogrammed to ED Financial Assistance Loan and Grant Program. The Consolidated Community Development Plan is a multi-year strategic plan with annual action plans that guide the use of HUD formula grants including the Community Development Block Grant (CDBG), HOME Investment Partnerships, Emer-

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gency Solutions (formerly called Emergency Shelter) Grant Program, and Housing Opportunities for Persons with AIDS (HOPWA). The action plan describes specific projects and activities that will be funded with federal funds in the coming year to address priority needs. A public hearing was held on February 16, 2011 to solicit community input. In April 2011, the City was advised of unexpected reductions in CDBG (16% reduction) and HOME (11% reduction) funding. Funds available for 2011-12 are estimated to be $15,351,939 from the following sources (last year’s allocations are provided for comparison): 2011-12

2010-11

CDBG $ 8,717,585 $10,439,918 HOME 3,091,204 3,492,596 Emergency Shelter Grant 422,966 423,300 HOPWA 713,226 709,220 Loan & interest repayments/Program income/Reallocation of prior yr. funds 2,406,958 2,385,930 Total $15,351,939 $17,450,964 These funds are allocated to the following objectives: Amount Promote Economic Stability $ 2,471,803 Improve the Housing Stock 11,751,592 Respond to General Community Needs 394,339 Other 734,205 Total $15,351,939

Percent Of Total 16% 77% 2% 5% 100%

Significant funding highlights include: ● $1,026,417 for the Economic Development Financial Assistance Loan and Grant Program; ● $350,000 for Targeted Façade Improvement Program; ● $4,753,084 for the Housing Development Fund; ● $522,500 for the Homeownership Fund; ● $105,000 for neighborhood aquatic projects and various physical improvements in low and moderate income neighborhoods; ● $127,939 for job creation and youth development; ● $2,498,480 for the Focused Investment Strategy areas. A total of $422,966 will be allocated under existing

Emergency Shelter Grant regulations. Allocation of the additional funding in a second phase will be done once an Emergency Solutions Grant rule is published for effect. The total 2011-12 amount of $15,351,939 includes the $352,000 appropriated herein that was inadvertently omitted from the draft action plan previously distributed. The receipt of these funds was authorized through Ordinance No. 2009-4 ($65,000) and Ordinance No. 2009-417 ($287,000) for the extension of the City’s reversionary interest in the Plymouth Gardens/Seth Green Park/Cobbs Hill Village renovation projects and the Westfall Heights Apartments renovation project, respectively. A public hearing on the Consolidated Community Development Plan 2011-12 Annual Action Plan as well as the reprogramming of funds is required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-80 Ordinance No. 2011-211 (Int. No. 247) Approving The Consolidated Community Development Plan/2011-12 Annual Action Plan WHEREAS, there is pending before this Council the Draft Consolidated Community Development Plan/2011-12 Annual Action Plan to be financed with $15,351,939 available to the City of Rochester from the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant Program, Housing Opportunities for Persons with AIDS Program and Urban Development Action Grant loan and interest repayments; and WHEREAS, the City’s Community Development Program has been recognized for best practices, receiving the U.S. Department of Housing and Urban Development - Buffalo Office Meritorious Award in 2006, eight John J. Gunther Blue Ribbon Best Practices in Community Development from the U.S. Department of Housing and Urban Development in 1998 and a U.S. Department of Housing and Urban Development Secretary’s Award for National Excellence in 1986; and WHEREAS, the proposed plan was prepared according to an approved Citizen Participation Plan and reflects public comments and consultations; and WHEREAS, notice of the proposed plan was published in the legal section of the Democrat and Chronicle on May 21, 2011; and WHEREAS, citizens, public agencies and other interested parties were invited to submit comments by June 21, 2011; and WHEREAS, the City Council has reviewed the needs, strategies and proposed actions with City

TUESDAY, JUNE 21, 2011 staff; and WHEREAS, the City Council conducted a public hearing on the Draft Consolidated Community Development Plan/2011-12 Annual Action Plan and the needs, strategies, proposed actions and annual performance; and WHEREAS, the City Council has reviewed the public comments and recommendations. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby adopts the Draft Consolidated Community Development Plan/201112 Annual Action Plan. Section 2. The Mayor is hereby directed to prepare detailed programs and specifications for the various actions and to submit said plans to City Council for approval prior to implementation. Section 3. This ordinance shall take effect immediately.

Page 223 Funds and reversionary interest payments and interest, to be utilized as capital for the City Development Fund. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary for the implementation of programs funded by the appropriations made herein. Section 3. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2011-214 (Int. No. 250) Authorizing Amendatory Community Development Program Plans And Amending Ordinances BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously.

Authorizing Submission Of The Consolidated Community Development Plan/2011-12 Annual Action Plan And Execution Of Grant Agreements With The United States Department Of Housing And Urban Development

Section 1. The Council hereby approves amendments to the 2002-03, 2004-05, 2007-08, 2008-09 and 2009-10 Community Development Program Plans whereby a total of $583,784 will be transferred from the following accounts to ED Financial Assistance Loan and Grant Program Accounts within the Promoting Economic Stability allocations:

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Account CDBG Year

Section 1. The Mayor is hereby authorized to submit the Consolidated Community Development Plan/2011-12 Annual Action Plan to the United States Department of Housing and Urban Development. The Mayor is hereby further authorized to provide any such information that may be required and execute all necessary grant agreements with the United States Department of Housing and Urban Development for the Program Year beginning July 1, 2011.

Neighbors Shopping Neighborhoods 2002-03 2002-185 Entertainment District Support 2002-03 2002-185 River Park Commons 2004-05 2008-259 Water and Sewer Services 2004-05 2004-188 Neighborhood Direct Support 2007-08 Residential Assistance Program 2007-08 2007-188 Youth Training Academy 2007-08 2007-222 Program Management Staff 2007-08 2007-222 Youth Training Academy 2008-09 2008-198 Program Management Staff 2008-09 2008-198 Program Management Staff 2009-10 2009-188 Total

Ordinance No. 2011-212 (Int. No. 248)

Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2011-213 (Int. No. 249) Appropriation Of Funds For The City Development Fund BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. As part of the Consolidated Community Development Plan/2011-12 Annual Action Plan, the Council hereby appropriates the sum of $652,000 in anticipated UDAG Loan Repayment

Ord. No.

Amount $ 1,950 7,365 26,229 1,490 218,189 903 35,060 11,520 55,700 109,281 116,047 $583,734

Section 2. The ordinances set forth in the chart in Section 1 are hereby amended by reducing the amounts authorized and appropriated therein as set forth in said chart.

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Section 3. The Director of Finance shall record all transfers herein and shall have the authority to make adjustments to the amounts set forth which may have changed prior to the adoption of this ordinance. Section 4. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Miller June 21, 2011 To the Council: The Jobs, Parks & Public Works Committee recommends for adoption the following entitled legislation: Int. No. 234 - Establishing Maximum Compensation For A Professional Services Agreement For A Hydrokinetic Energy Study Int. No. 235 - Establishing Maximum Compensation For A Professional Services Agreement For The Upland Conduit Structures Repairs Project

Int. No. 270 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $694,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Capron Street And South Avenue Extension Improvement Project Int. No. 271 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $115,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Capron Street And South Avenue Extension Improvement Project Int. No. 272 - Local Improvement Ordinance Areaway Abandonment At 238-242 South Avenue As A Part Of The Capron Street And South Avenue Extension Improvement Project Respectfully submitted, Dana K. Miller Matt Haag Loretta C. Scott Elaine M. Spaull JOBS, PARK & PUBLIC WORKS COMMITTEE Received, filed and published.

Int. No. 236 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $125,000 Bonds Of Said City To Finance The Cost Of Design And Reconstruction Of Infrastructure Supporting The City’s Upland Water Supply Conduit

TO THE COUNCIL Ladies and Gentlemen:

Int. No. 255 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Brooks Landing Revitalization Project

Transmitted herewith for your approval is legislation establishing $40,000 as maximum compensation for an agreement with Bergmann Associates, P.C., Rochester, for engineering, inspection, planning, and preliminary design services related to the study of the implementation of hydrokinetic energy generation on the Johnson Seymour Mill Race. This agreement will be funded from 2010-11 Cash Capital.

Int. No. 256 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $60,000 Bonds Of Said City To Finance The Additional Cost Of Improvements To Genesee Valley Park And Along Public Easements As Part Of The Brooks Landing Revitalization Project The Jobs, Parks & Public Works Committee recommends for Consideration the following entitled legislation: Int. No. 237 - Approving Changes In The Pavement Width Of Joseph Avenue, Clifford Avenue, St. Bridget’s Drive, Genesee Street, Carter Street, And the Alignment Of The Carter Street And Portland Avenue Intersection As Part Of The Safe Routes To Schools Project Int. No. 238 - Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Carter Street And Amending Ordinance No. 2011-119, As Amended Int. No. 269 - Establishing Maximum Compensation For A Professional Services Agreement For The Capron Street And South Avenue Extension Improvement Project, Authorizing An Agreement And Amending Ordinance No. 2010-124, As Amended

Ordinance No. 2011-215 Re: Agreement - Bergmann Associates, P.C., Hydrokinetic Energy Study

The historic Johnson Seymour Mill Race originates at the proposed Erie Harbor Park, adjacent to South Avenue on the east side of the Genesee River, opposite Woodbury Boulevard. The race runs under the Rundel Memorial Library and into the Rochester Gas & Electric Substation No. 6. Bergmann will evaluate the feasibility of harnessing energy from the Mill Race through the use of hydrokinetic turbines or similar technology. Hydrokinetic energy is generated from turbines placed in-stream, using the ambient movement of water, as opposed to the more traditional generation of energy by water pressure. This project is consistent with the City’s Climate and Environment Protection Resolution, adopted in August 2009. The City is committed to promoting clean energy through newly expanding technology such as hydrokinetic turbines, which complements Rochester’s extensive natural hydraulic resources. Upon determination of feasibility, the consultant shall produce a conceptual-level design, and an implementation plan for the design, installation,

TUESDAY, JUNE 21, 2011 and energy harvesting for the new technology. Proposals were solicited from 24 firms. Six firms responded: Barton & Loguidice, P.C.; Bergmann Associates, P.C.; LaBella Associates, P.C.; O’Brien & Gere Engineers, Inc.; Stantec Consulting Services, Inc.; and T.Y. Lin International. Bergmann was selected based on their qualifications, assigned personnel, overall familiarity and expertise with the scope of the planned work. The study is anticipated to be completed in December 2011. The funding will provide for the creation/retention of the equivalent of .4 full-time position.

Page 225 various structures require periodic maintenance, including surface and joint repairs, minor structural repairs and rehabilitation. The consultant will provide structural engineering design services for several Upland area structures including construction documents, specifications, and cost estimates for necessary repairs. Qualifications were solicited from five firms; two responded - T.Y. Lin International and Bergmann Associates, P.C. T.Y. Lin is recommended based on the consulting team’s qualifications, fiscally responsible project approach, and the quality and completeness of the proposal. Total project cost is estimated at $300,000. The balance, $175,000, will be financed through Cash Capital (Water). Some of the construction will be completed by City employees to lower costs. Design services will begin in July 2011. It is anticipated that construction will begin in the Fall 2011 with completion in Summer 2012.

Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-81 Ordinance No. 2011-215 (Int. No. 234) Establishing Maximum Compensation For A Professional Services Agreement For A Hydrokinetic Energy Study

This project will result in the creation/retention of the equivalent of .7 full-time positions. Respectfully submitted, Thomas S. Richards Mayor

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $40,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Bergmann Associates, P.C. for engineering, inspection, planning and preliminary design services for the Johnson Seymour Race Hydrokinetic Energy Study. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Said amount shall be funded from the 2010-11 Cash Capital allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-216 and Ordinance No. 2011-217 Re: Agreement - T.Y. Lin International, Water Supply Infrastructure Repairs Transmitted herewith for your approval is legislation establishing maximum compensation of $65,000 for an agreement with T.Y. Lin International, Rochester, for structural engineering services required for maintenance, and authorizing the issuance of bonds totaling $125,000 and the appropriation of the proceeds thereof to finance project. The City’s thirty miles of upland water conduit includes supportive water supply infrastructure, including spillways, shoreline protection slabs, outlet and inlet structures, and sluice gates. The

Ordinance No. 2011-216 (Int. No. 235) Establishing Maximum Compensation For A Professional Services Agreement For The Upland Conduit Structures Repairs Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $65,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and T.Y. Lin International for structural engineering design services for the Upland Conduit Structures Repairs Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Said amount shall be funded from a bond ordinance adopted for the Project. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2011-217 (Int. No. 236) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $125,000 Bonds Of Said City To Finance The Cost Of Design And Reconstruction Of Infrastructure Supporting The City’s Upland Water Supply Conduit BE IT ORDAINED, by the Council of the City of Rochester as follows:

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Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the cost of structural engineering design services and the reconstruction of the supportive water supply infrastructure for the City’s Upland Water Supply Conduit, including spillways, shoreline protection slabs, outlet and inlet structures and sluice gates (the "Project"). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000. The plan of financing includes the issuance of $125,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $175,000 in current City water funds, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City.

Section 2. Bonds of the City in the principal amount of $125,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto.

(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or

Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $125,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of the class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 1. of the Law, is forty (40) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or

Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-218 and Ordinance No. 2011-219 Re: Amendatory Agreement - T.Y. Lin International, Brooks Landing II Public Improvement Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with T.Y. Lin International, Rochester, for additional design services for the Brooks Landing II Public Improvement Project, and authorizing the issuance of bonds totaling $60,000 and appropriating the proceeds thereof to finance the design services. The original agreement (Ord. No. 2008-416) established $205,000 as maximum compensation; this amendment will increase that amount to a total of $265,000.

TUESDAY, JUNE 21, 2011

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This project, partially funded by New York State and the Federal Highway Administration (FHWA), includes the re-design of South Plymouth Avenue from and including the intersection of Elmwood Avenue north to the private development at Brooks Landing. The project will also include park circulation and Genesee Riverway Trail improvements, park landscape and waterfront improvements, and public art.

Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $60,000 Bonds Of Said City To Finance The Additional Cost Of Improvements To Genesee Valley Park And Along Public Easements As Part Of The Brooks Landing Revitalization Project

The amendatory design agreement will support resolution of design issues and advance consensus among the stakeholders engaged in this project, the New York State Historic Preservation Office (SHPO), and FHWA. T.Y. Lin International will develop two concept plans for a connector road in the area of South Plymouth Avenue in Genesee Valley Park and the Staybridge Suites hotel parking lot. The additional tasks include additional advisory group meetings, field work, concept alternatives, environmental assessment, coordination and project management extending beyond the original agreement’s scope and schedule.

Section 1. The City of Rochester, in the County of Monroe, New York (herein called "City"), is hereby authorized to finance the additional cost of improvements to Genesee Valley Park and along public easements at Brooks Landing, including but not limited to park, landscape and public art improvements, as part of the Brooks Landing Revitalization Project in the City (the “Project”). The total estimated cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $922,000. The plan of financing includes the issuance of $60,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $362,000 bonds previously appropriated in Ordinance No. 2007-182, $500,000 in funds from a State Waterfront Revitalization Grant appropriated in Ordinance No. 2007-183, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

This amendatory agreement will fully fund the project through design completion assuming State and Federal approval of the design program, and no additional significant scope changes. The design is anticipated to be complete in Spring 2013 with construction planned for Summer 2013. This project results in the creation or retention of the equivalent of 0.7 full-time consultant/professional job. Respectfully submitted, Thomas S. Richards Mayor Ordinance No. 2011-218 (Int. No. 255) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Brooks Landing Revitalization Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $60,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and T.Y. Lin International for design services for Phase II of the Brooks Landing Revitalization Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Said amount shall be funded from a bond ordinance adopted for this Project. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordnance No. 2011-219 (Int. No. 256)

BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 2. Bonds of the City in the principal amount of $60,000 are hereby authorized to be issued pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), this Ordinance, and other proceedings and determinations related thereto. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $60,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.19(c) of the Law, is fifteen (15) years. Section 5. Each of the bonds authorized by this Ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by an ad valorem tax upon all the taxable real property within the City without

Page 228 limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this Ordinance and of said Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of Sections 50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the City Council relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, and relative to providing for substantially level or declining debt service, prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish a summary of the foregoing Ordinance, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Daily Record," a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication.

TUESDAY, JUNE 21, 2011 Transmitted herewith for your approval is legislation authorizing pavement width changes related to the realignment of the Carter Street and Portland Avenue intersection, and amending the Official Map by dedicating a portion of 569-571 Portland Avenue as public right-of-way for street purposes. This segment of the Safe Routes to Schools Project incorporates the realignment of the intersection of Carter Street and Portland Avenue. The realignment will move the intersection of Carter Street at Portland Avenue further away from the intersection of Portland and Clifford Avenues, resulting in better visibility, decreased crossing distances at crosswalks and increased cueing distances for the south bound approach to the signalized intersection of Portland and Clifford Avenue. The proposed changes benefit Schools #36 and #45. In addition to pavement width changes, this project includes the installation of new curbs, sidewalks, ADA ramps and detectable warning systems. The project is being designed by the Department of Environmental Services, Bureau of Architecture and Engineering. The City Planning Commission, in its February 8, 2010 meeting, recommended approval of this dedication by a vote of 7-0. Minutes and recommendations from the meeting are attached. A public meeting will be held on June 14, 2011; meeting minutes will be forwarded to the City Clerk. The pavement width changes will be presented for endorsement at the June 7, 2011 Traffic Control Board meeting. It is anticipated the design will be completed in June 2011 and construction will begin in September 2011, with substantial completion by Spring 2013. Public hearings on the width changes and the Map amendment are required. Respectfully submitted, Thomas S. Richards Mayor Attachment No. AK-82 Ordinance No. 2011-220 (Int. No. 237) Approving Changes In The Pavement Width Of Joseph Avenue, Clifford Avenue, St. Bridget’s Drive, Genesee Street, Carter Street, And The Alignment Of The Carter Street And Portland Avenue Intersection As Part Of The Safe Routes To Schools Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-220 and Ordinance No. 2011-221 Re: Safe Routes to Schools Project

Section 1. The Council hereby approves the following changes in pavement width and the realignment of the Carter Street and Portland Avenue intersection as part of the Safe Routes to Schools Project: 1. For Joseph Avenue a decrease of 5 feet, from

TUESDAY, JUNE 21, 2011 38 feet to 33 feet, beginning at the north curb line of Leo Street, northward for a distance of 15 feet. 2. For Clifford Avenue a decrease of 5 feet, from 38 feet to 33 feet, beginning at the east curb line of Coleman Terrace, eastward for a distance of 27 feet. 3. For Clifford Avenue a decrease of 5 feet, from 38 feet to 33 feet, beginning at the west curb line of Sixth Street, westward for a distance of 21 feet. 4. For St. Bridget’s Drive a decrease of 5 feet, from 32 feet to 28 feet, beginning at the west curb line of North Clinton Avenue, westward for a distance of 18 feet and then tapering for a distance of 35 feet back to the original width of 32 feet. 5. For Genesee Street a decrease of 6 feet, from 44 feet to 38 feet, beginning at the south curb line of Dr. Samuel McCree Way, southward for a distance of 45 feet. 6. The intersection of Carter Street into Portland Avenue will be relocated approximately 83 feet to the north. 7. For Carter Street, tapering from a width of 31 feet at the intersection of Portland Avenue to the original width of 24 feet, at a point approximately 120 feet from the centerline of Portland Avenue measured along the proposed new centerline of Carter Street. Section 2. The changes shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately.

Page 229 and being more particularly bounded and described as follows: Beginning at the intersection of the easterly ROW line of Carter Street (49.5’ ROW) and the westerly ROW line of Portland Avenue (66’ ROW), said intersection being the Point or Place of Beginning; thence 1) N 03°20'31" W, along said easterly ROW line of Carter Street, a distance of 93.30 feet to a point; thence 2) S 33°38'08" E, through lands currently of the City of Rochester, a distance of 8.64 feet to an angle point; thence 3) S 63°55'45" E, continuing through said lands of the City of Rochester, a distance of 33.39 feet to an angle point; thence 4) N 71°04'54" E, continuing through said lands of the City of Rochester, a distance of 7.07 feet to the said westerly ROW line of Portland Avenue; thence 5) S 26°05'34" W, along said westerly ROW line, a distance of 81.92 feet to the Point or Place of Beginning. Hereby intending to describe a parcel of land containing 1692 square feet, more or less, all as shown on a map entitled “Lands To Be Dedicated For Street Purposes”, dated October 16, 2009, prepared by Jacek M. Szymanski, L.S., City Surveyor. Being part of the same premises conveyed to the City of Rochester by a deed dated November 8, 1995 and filed in Liber 8679, Page 305. Section 2. Ordinance No. 2011-119, relating to the abandonment of Grove Place, is hereby amended by correcting the legal description of said abandonment by deleting the number “40.89” as the number of feet in Course 4 thereof and by inserting in its place “39.00” feet.

Passed unanimously. Ordinance No. 2011-221 (Int. No. 238, As Amended)

Section 3. This ordinance shall take effect immediately. Underlined material added.

Amending The Official Map By Dedicating A Parcel To Street Purposes And Adding Said Parcel To Carter Street And Amending Ordinance No. 2011-119 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by dedicating the following described parcel to street purposes and adding said parcel to Carter Street: All that tract or parcel of land, situate in the City of Rochester, County of Monroe, State of New York, being part of Lot 1 of the F. Vose & C.A. Davis Subdivision, as filed in the Monroe County Clerk’s Office in Liber 3 of Maps, Page 64

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2011-222, Ordinance No. 2011-223, Ordinance No. 2011-224 and Local Improvement Ordinance No. 1642 Re: Capron Street and South Avenue Extension Improvement Project Transmitted herewith for your approval is legislation related to the Capron Street and South Avenue Extension Improvement Project. This legislation will: 1. Establish $102,000 as maximum compensa-

Page 230 tion for an agreement with Clark Patterson Lee, Rochester, for resident project representation (RPR) services. The cost of the agreement will be funded from the proceeds of the bonds issued herein; 2. Authorize the issuance of bonds totaling $694,000 and the appropriation of the proceeds thereof to finance the cost of the street improvements; 3. Authorize the issuance of bonds totaling $115,000 and the appropriation of the proceeds thereof to finance the cost of the water improvements; and 4. Appropriate $12,140 from the Local Improvement Fund to finance the cost to abandon an underground areaway at 238-242 South Avenue and authorize the subsequent assessment of this amount against the property to replenish the Local Improvement Fund. The project includes the rehabilitation of South Avenue extension and the reconstruction of Capron Street; installation of new curbs, catch basins and driveway aprons; replacement of sidewalks, lighting, and water mains, as required; and tree planting. Bids for construction were received on Ju