council - City of Rochester

council - City of Rochester

PROCEEDINGS OF THE COUNCIL OF THE CITY OF ROCHESTER 2003 ROCHESTER, NEW YORK Officials 2003 William A. Johnson, Jr. Mayor Jeffrey T. Carlson Deput...

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PROCEEDINGS OF THE

COUNCIL

OF THE CITY OF ROCHESTER 2003

ROCHESTER, NEW YORK

Officials 2003 William A. Johnson, Jr. Mayor Jeffrey T. Carlson Deputy Mayor

Marisol O. Lopez Chief of Staff

Thomas R. Argust(1)

Commissioner of Community Development

Linda M. Stango(2)

Assistant to the Mayor

R. Fashun Ku

Commissioner of Economic Development

Edward J. Doherty

Commissioner of Environmental Services

Loretta C. Scott

Commissioner of Community Development

Commissioner of Parks, Recreation & Human Services

William J. Ansbrow

Bridgette Burch White

John M. Merklinger

Vincent J. Carfagna

Director of Budget & Efficiency Director of Emergency Communications

Wendell L. Bellamy

Director of Communications Director of Finance

Rodric C. Cox-Cooper

Director of Human Resource Management

Neighborhood Empowerment Team Director

Linda S. Kingsley

Floyd A. Madison

Corporation Counsel

(3)

Richard Panz

Library Director

Carol J. Joyce

Interim Library Director

Retired January 10, 2003. Effective January 13, 2003. Retired January 17, 2003. Effective January 20, 2003.

Fire Chief

Robert J. Duffy Police Chief

(4)

(1) (2) (3) (4)

Richard W. Hannon

Members of Council 2003 Members

Residence

Lois J. Giess ............................................................................... 15 East Boulevard, 14610 President, Councilmember, East District Gladys Santiago ......................................................................... 1850 Culver Road, 14609 Vice President, Councilmember-at-Large Brian F. Curran....................................................................... 56 Elmwood Avenue, 14611 Councilmember-at-Large Benjamin L. Douglas ............................................................... 135 Rutledge Drive, 14621 Councilmember, Northeast District Nancy K. Griswold* .......................................................90 Browncroft Boulevard, 14609 Councilmember-at-Large Tim O. Mains .............................................................................. 10 The Highlands, 14622 Councilmember-at-Large Wade S. Norwood ......................................................................74 Appleton Street, 14611 Councilmember-at-Large William F. Pritchard** ......................................................................674 Broadway, 14607 Councilmember-at-Large Robert J. Stevenson..................................................................77 Albemarle Street, 14613 Councilmember, Northwest District Tony M. Thompson ..................................................................... 105 Depew Street, 14611 Councilmember, South District * Retired July 26, 2003. ** Appointed August 21, 2003.

City Clerkʼs Office 2003 Carolee A. Conklin.............................................................................................. City Clerk Daniel B. Karin ...................................................................................... Deputy City Clerk (1) Georgia S. DeBever ............................................................. Senior Legislative Assistant

Birth A. Manigault ............................................................................. Legislative Assistant Rebecca M. McNamara ..................................................................... Legislative Assistant (2) Geraldine Agnello ..................................................................... Administrative Assistant

Bernard J. Christopher .............................................................. Legislative Aide Part-time Candice A. Bianchi ................................................................................................Clerk III (3)

Michael Ann Flynn .............................................................................................Clerk III Betsy P. Indivino ..............................................................................................Receptionist Dorothy A. Sullivan ................................................................. Legislative Clerk Part-time Carol A. Supernault.................................................................. Legislative Clerk Part-time (1) Hired July 9, 2003. (2) Retired June 27, 2003. (3) Hired January 6, 2003.

Standing Committees of The City Council January 1 - August 20, 2003 Parks, Public Works, and the Environment Stevenson, Curran, Thompson

Public Services and the Arts Griswold, Mains, Thompson

Housing and Economic Development Norwood, Douglas, Griswold

Finance and Public Safety Douglas, Curran, Stevenson

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

Regular Meetings of the Council - Regular meetings shall be held at 8:00 p.m. in the Council Chamber, Room 302-A, City Hall. Special Meetings - Special meetings may be called at any time by the Mayor or President of Council or any three Councilmembers.

Standing Committees of The City Council August 21 - December 31, 2003 Parks, Public Works, and the Environment Stevenson, Curran, Thompson

Public Services and the Arts Thompson, Mains, Pritchard

Housing and Economic Development Norwood, Douglas, Pritchard

Finance and Public Safety Douglas, Curran, Stevenson

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

Regular Meetings of the Council - Regular meetings shall be held at 8:00 p.m. in the Council Chamber, Room 302-A, City Hall. Special Meetings - Special meetings may be called at any time by the Mayor or President of Council or any three Councilmembers.

Page 1

TUESDAY, JANUARY 14, 2003 REGULAR MEETING JANUARY 14, 2003 Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 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: Department of Community Development Thomas R. Argust Economic Development Department *Anthony E. Hubbard Emergency Communications Department *Candace E. Petroski William R. Weilert Rochester Fire Department Mildred Johnson Charles E. Sibley Rochester Police Department *Cheryl P. Franks *Richard J. Quataert *Lewis T. Singleton Rochester Public Library *Ligaya Nocon Richard Panz *Will not attend meeting. APPROVAL OF THE MINUTES By Councilmember Norwood RESOLVED, that the minutes of the Regular Meeting of December 17, 2002, 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: Professional Service Agreements - Quarterly Report. 3708-7 Appointment to the Board of Ethics. 3709-7 CHDO Status Report. 3710-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. By President Giess - Petition from over 900 citizens requesting that Council make a memorializing resolution against the proposed Iraq war. Petition No. 1600 THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Abandonment Of A Portion Of Stillson Street And Lease Of Real Estate Int. No. 9 No speakers.

Changing The Zoning Classification Of A Portion Of 1100 South Goodman Street From Institutional Planned Development (IPD) To R-1 Single Family Residential Int. No. 22 Six speakers: Margaret Hayes, Tom Halbrooks, Grace Girsch, Kevin Fager, Michael Haines, and Joanne Lang. Authorizing Changes In The Pavement Width Of Chili Avenue And Thurston Road As A Part Of The Chili Avenue Improvement Project Int. No. 15 Four speakers: Dave Bonis, Donna Kutia, Joe Kutia, and a business owner of 555 Chili Ave. Authorizing A Decrease In The Pavement Width Of Monroe Avenue East Of Wilmer Street As A Part Of The Monroe Avenue Pedestrian Improvement Project Int. No. 16 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood January 14, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 1 - Authorizing The Sale Of Real Estate, As Amended Int. No. 2 - Amending Ordinance No. 2002-348 Relating To The Sale Of Real Estate Int. No. 3 - Approving The Acquisition Of Parcels For The Brown Street Improvement Project Int. No. 4 - Authorizing Agreements For The Development Of Affordable Housing And Designating A CHDO Int. No. 5 - Appropriation Of Funds For Homeownership Program Promotion Int. No. 6 - Resolution Approving Reappointments To The Elevator Examining Board Int. No. 7 - Authorizing An Agreement For Fair Housing Monitoring Services - $70,000 Int. No. 8 - Approving An Agreement For The Targeted Business Assistance Program Int. No. 23 - Authorizing An Option For The Sale Of Parcels For The New Soccer Stadium The Housing & Economic Development Committee recommends for Consideration the following entitled legislation: Int. No. 9 - Abandonment Of A Portion Of Stillson Street And Lease Of Real Estate Int. No. 22 - Changing The Zoning Classification Of A Portion Of 1100 South Goodman Street From Institutional Planned Development (IPD) To R-1 Single Family Residential Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Gladys Santiago (Voted on Introductory No. 9

Page 2

TUESDAY, JANUARY 14, 2003

through Introductory No. 23.) HOUSING & ECONOMIC DEVELOPMENT COMMITTEE

Authorizing The Sale Of Real Estate

Received, filed and published.

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

TO THE COUNCIL: Ladies and Gentlemen:

Section 1. The Council hereby approves the sale of the following parcels of improved property by regular auction:

Ordinance No. 2003-1 And Ordinance No. 2003-2 Re: Sale of Real Estate R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of 35 properties and the amendment of a prior ordinance. Sales The first 27 properties were sold at either the July 1, 2002 Public Auction or the November 14, 2002 Public Auction. The properties will be rehabilitated in accordance with their legal uses, and the purchasers will be required to complete the rehabilitation within nine months after the conditional closing. The next three properties were sold at the September 20, 2002 Request for Proposal Sale. The property located at 293 Clarissa Street will be rehabilitated as a tavern, dependent upon receipt of necessary approvals. The property located at 804 Hudson Avenue will be rehabilitated as two stores and three apartments. The property at 6 Madison Park N. will be rehabilitated as one apartment and one in-home art studio. The next two properties are being sold to the former owners. The purchase prices include all delinquent taxes, interest and penalties. The last three properties are unbuildable vacant lots that are being sold to the adjoining owners for $1.00. The parcels are considered unbuildable due to their size. Amendment On November 19, 2002, Council authorized the sale of 21 Bloss Street to Upstate Farms Cooperative, Inc. as an unbuildable vacant lot for a price of $1.00. In reality, the sale was a negotiated sale for the appraised amount of $100.00. In the same ordinance, Council authorized the sale of the west half of 75 Hemple Street to Angel & William Sullivan; the correct names should be Angel Sullivan & Reatha Williams. The proposed amendment will correct the errors. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-1 Councilmember Norwood moved to amend Introductory No. 1 The motion was seconded by Councilmember Mains. The motion was adopted unanimously. Ordinance No. 2003-1 (Int. No. 1, As Amended)

Address S.B.L.#

Legal Use Purchaser

Price

310 Ames St 2 Family $11,000 . 120.25-3-73 Michael L. Jones 127 Bartlett St. 1 Family 1,900 120.68-3-24 Reginald Pierce 405-407 Champlain St. 2 Family 8,000 120.59-2-70 Lue Stith-Grannum 327 Clifford Ave. 1 Family 1,000 106.30-3-61 Brett Sheffield 419-421 Columbia Ave. 2 Family 9,900 120.75-1-20 Lue Stith-Grannum 714 Dewey Ave. 2 Family 13,800 105.26-2-72 Todd Priest 81 Eiffel Pl. 1 Family 5,900 091.80-4-46 Ismal Barthelemy 325 First St. 1 Family 2,700 106.43-2-8 Ernesto Borrego 215 Glenwood Ave. 2 Family 6,000 105.34-1-24 Marvin R. Webb 853-857 Goodman St. N. 2 Family 17,700 106.52-3-20 Apohinar Medina 370-372 Hayward Ave. 2 Family 5,200 106.68-3-43 Brenis Bostick 405 Hayward Ave. 2 Family 12,200 106.76-1-30 Domax Corp.* 410 Hayward Ave. 1 Family 7,200 106.68-3-34 Tony Wall 310 Jay St. 3 Family 9,000 105.84-1-32 Albert Tomlin, Jr. 1-1.5 Lang St. 2 Family 400 091.70-3-5 Dontest Hunt 18-24 Lee Pl. 2 Family 3,100 121.69-2-33.1 Brett Sheffield 11 Lincoln St. 2 Family 2,900 106.41-3-47 Martina Orange 21 Merrimac St. 2 Family 1,400 106.40-4-41 Shirley Hardwick 96-100 Remington St. 1 Family 2,800 106.23-4-45 & 46 Talayia Kelley 119 Scrantom St. 1 Family 2,600 106.38-2-7 Doron Turner 181 Sherman St. 1 Family 1,300 105.58-1-20 David Turner 2-2.5 Short St. 2 Family 3,500 106.60-2-57 Brett Sheffield 332 Tremont St. 2 Family 3,300 120.52-2-56 Matthew Miller 265-267 Webster Ave. 2 Family 15,000 107.53-1-23 Walter B. Dutcher II 9-11 Woodrow St. 1 Family 6,000 105.58-2-33 & 32 Annette L. Walker [102 Woodward St. 2 Family 5,500 106.66-2-48 Hubart Simmons] 29 Wright St. 1 Family 4,200 120.34-1-56 Keith W. Miles * Officer: Ion Ritterman Section 2. The Council further approves the sale of the following improved properties by request for proposal sale: Address Purchaser S.B.L.# Price

Page 3

TUESDAY, JANUARY 14, 2003 293 Clarissa St. John Starr 121.37-2-10 $14,000 804 Hudson Ave. Manuel Reyes 091.81-3-58 4,000 6 Madison Pk. N. Pepsy Kettavong 120.36-1-9 1,000 Section 3. The Council further approves the sale of the following improved properties to the former owners: Address S.B.L.#

Purchaser

Price

126 Cady St. Lisa B. Nelson 120.60-1-62 $1,706.18 195 Fourth St. Jerome Tisdale 106.59-2-39 5,081.66 Section 4. The Council further approves the sale of the following unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Sq. Ft. Purchaser

[EH 120 Bartlett St. 2326.5 Pt. of 120.68-1-72 Cordelia E. WadeBeasley] [WH 120 Bartlett St. 2326.5 Pt. of 120.68-1-72 Southwest Area Neighborhood Association, Inc.*] 41 Brayer St. 4174± 107.74-1-15 Steve King [* Officers: Betty Bowman Turner; Calvin Lee, Sr.; Linda Terrell] Section 5. 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 6. This ordinance shall take effect immediately. Bracketed material deleted. Passed unanimously.

Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-3 Re: Acquisitions - Brown Street Project R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the acquisition, by negotiation, of two properties in conjunction with the Brown Street Improvement Project. The properties are: Property Address Owner

Lot Size

Acquisition Amount

628 Brown Street 49.5ʼ x 200ʼ George & Dorothy Prior

$22,500

632 Brown Street 40.5ʼ x 140ʼ Raymond & Frances Padilla Total

8,000 $30,500

The acquisition amounts were established through independent appraisal prepared by Kevin Bruckner, MAI. The total acquisition amount, including closing costs, will not exceed $37,500 and will be funded from a bond ordinance previously approved by Council for the Brown Street Improvement Project. There are no relocation costs required since both structures are vacant. Once acquired, the structures will be demolished and the lots reserved for residential development by one of the participating developers in the project: Flower City Habitat for Humanity, the Urban League of Rochester Economic Development Corporation, ULREDC or Providence Housing Development Corporation. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-2

Ordinance No. 2003-2 (Int. No. 2)

Ordinance No. 2003-3 (Int. No. 3)

Amending Ordinance No. 2002-348 Relating To The Sale Of Real Estate

Approving The Acquisition Of Parcels For The Brown Street Improvement 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. Ordinance No. 2002-348, relating to the sale of real estate, as amended, is hereby further amended by changing the names of the purchasers of the west half of 75 Hempel Street, as approved in Section 3 thereof, from Angel & William Sullivan to Angel Sullivan & Reatha Williams.

Section 1. The Council hereby approves the acquisition of the following parcels from the current owners for amounts not to exceed the following as a part of the Brown Street Improvement Project:

Section 2. Ordinance No. 2002-348, relating to the sale of real estate, as amended, is hereby further amended by changing the sale of 21 Bloss Street to Upstate Farms Cooperative, Inc. (Officer: Ann Marie Suttell), as approved in Section 3 thereof, to a negotiated sale of vacant land with proposal for the sum of $100.

Address S.B.L. # Reputed Owner

Lot Size

Amount

628 Brown St. 120.35-2-39 $22,500 George & Dorothy Prior 49.5ʼx 200ʼ

Page 4 632 Brown St. 120.35-2-40 Raymond & Frances 40.5ʼx 140ʼ Padilla

TUESDAY, JANUARY 14, 2003 8,000

2. Housing Opportunities, Inc., HOP 3. Ibero Development Corporation

Section 2. The acquisition and closing costs shall obligate the City to pay an amount not to exceed $37,500, and said amount, or so much thereof as may be necessary, shall be funded from Bond Ordinance No. 2000-58.

4. ISLA Housing Development Corporation

Section 3. City taxes and other current year charges against said parcels shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcel, shall also be canceled.

7. North East Area Development, NEAD

Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-4 Re: Home Rochester Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Home Rochester Program. This legislation will: 1. Appropriate $250,000 from the Home Rochester allocation of the 2002 HOME Program; 2. Designate the Northside Church of Christ Housing Development Fund Company located at 834 Hudson Avenue as a Community Housing Development Organization (CHDO); and 3. Authorize agreements with organizations that have been designated as CHDOʼs or other approved developers in the Home Rochester Program for the development of affordable housing. The Home Rochester Program is designed to acquire and rehabilitate vacant homes for resale as an component of the Cityʼs Housing Initiative. Since the inception of the Rochester Housing Development Fund Corporation (RHDFC), the development of a new and more efficient development system; availability of NYS subsidies and the availability of more suitable structures for the program, the Home Rochester Program has soared. Prior to the RHDFC, the average annual number of vacant structures being addressed was approximately 30. After one year, the RHDFC has acquired 94 structures for the program. With the increase in inventory there is a need for additional subsidy over and above the initial allocation for this purpose. The organizations that will have access to these funds will be both designated CHDOs and non CHDO developers participating in the program. The designated CHDOs are listed below: 1. Group 14621

5. Marketview Heights Association 6. Northwest Community Services, NCS 8. North East Block Club Alliance, NEBCA 9. Neighborhood Housing Services, NHS 10. Northside Church of Christ Housing Development Fund Company, Inc. 11. South East Area Coalition, SEAC 12. South West Area Development Corporation, SWADCO Currently, the Urban League Economic Development Corporation is the only non-CHDO developer. The Greater Rochester Housing Partnership was recently awarded $500,000 from the NYS Affordable Housing Corporation to help fund the Home Rochester Program. The City funds are proposed to be used as the required match to receive this NYS award. The proposed funds will be used to assist income-eligible home buyers purchase renovated vacant homes through the HOME Rochester program. It is estimated that approximately 22 buyers will be assisted through the proposed appropriation. The average subsidy is expected to be approximately $25,000. The rehabilitated properties will be marketed through the HOME Store to families with incomes not exceeding 80% of the median family income. All purchasers are required to attend pre-and post-purchase home buyer education classes. A residency period of 10 years is required. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-4 (Int. No. 4) Authorizing Agreements For The Development Of Affordable Housing And Designating A CHDO 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 Community Housing Development Organizations (CHDOʼs) or other approved developers in the HOME Rochester Program for the development of affordable housing under the HOME Program. The agreements shall obligate the City to pay amounts not to exceed the sums appropriated for this purpose. Section 2. There is hereby appropriated from 2002 HOME Program Funds the sum of $250,000, or so much thereof as may be necessary, to fund the development of affordable housing under the HOME Program.

Page 5

TUESDAY, JANUARY 14, 2003 Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. The Council hereby designates the Northside Church of Christ Housing Development Fund Company as a Community Housing Development Organization (CHDO). Section 5. This ordinance shall take effect immediately.

R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation confirming the reappointments of the following people to the Elevator Examining Board: Timothy R. Carges, Chair National Elevator Inspection Services 1411 Chili Avenue

Passed by the following vote:

David W. Cooper Riedman Corporation 45 East Avenue

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Stevenson, Thompson - 8.

John Dyryanka Millar Elevator Service 2285 Ridgeway Avenue

Nays - None - 0.

Michael Ferris Eastman Kodak Company 1669 Lake Avenue

Councilmember Santiago abstained vote because she is an employee of one of the affiliated agencies. TO THE COUNCIL: Ladies and Gentlemen:

Glenn Goodlein Access Lifts & Ramps 15 Marway Drive

Ordinance No. 2003-5 Re: Homeownership Investment Program Promotion

Dean LaDelfa Access Lifts & Ramps 15 Marway Drive

R2010: Campaign 9 - Healthy Urban Neighborhoods

Richard J. Riedman, Vice Chair Local Union #27 1740 Penfield Road

Transmitted herewith for your approval is legislation appropriating $65,000 from revenue received from the Homeownership Investment Program (HIP) to be used for advertising expenses. These funds will be used to replenish CDBG funds that paid for a portion of the annual HIP advertising budget for 2002. The reimbursed funds will be reserved to pay for advertising for the “Marketing Assistance” program, the City Living Sundays 2003 initiative, and for the cost of development and production of housing program brochures. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-5 (Int. No. 5) Appropriation Of Funds For Homeownership Program Promotion BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from the Homeownership Investment Program (HIP) revenue account the sum of $65,000, or so much thereof as may be necessary, to fund the promotion of the Cityʼs real estate activities. Section 2. This ordinance shall take effect immediately.

Randal Sickler SWBR Architects PC 387 E. Main Street Mr. Cargesʼ original appointment was confirmed by the City Council on April 14,1992, and his last reappointment occurred on January 18, 2000. Of 27 meetings held during this period, he attended 25. Mr. Cooperʼs original appointment was confirmed by the City Council on January 14, 1997 and his last reappointment occurred on January 18, 2000. Of 27 meetings held during this period, he attended 18. Mr. Dyryankaʼs original appointment was confirmed by the City Council on April 14, 1992 and his last reappointment occurred on January 18, 2000. Of 27 meetings held during this period, he attended 10. Mr. Ferrisʼ original appointment was confirmed by the City Council on January 18,2000. Of 27 meetings held during this period, he attended 16. Mr. Goodleinʼs original appointment was confirmed by the City Council on December 6, 1994, and his last reappointment occurred on January 18, 2000. Of 27 meetings held during this period, he attended 19. Mr. LaDelfa original appointment was confirmed by the City Council on April 14, 1992, and his last reappointment occurred January 18, 2000. Of 27 meetings held during this period, he attended 23.

Passed unanimously. TO THE COUNCIL: Ladies and Gentleman:

Mr. Reidmanʼs original appointment was confirmed by the City Council on April 14, 1992, and his last reappointment occurred on January 18, 2000. Of 27 meetings held during this period, he attended 23.

Resolution No. 2003-1 Re: Reappointments - Elevator Examining Board

Mr. Sicklerʼs original appointment was confirmed by the City Council on October 13, 1998. Of 27 meetings held during this period, he attended 20.

Page 6

TUESDAY, JANUARY 14, 2003

The terms of Mr. Cooper and Mr. Dyryanka will expire January 31, 2004. The terms of Mr. Carges, Mr. LaDelfa and Mr. Reidman will expire January 31, 2005. The terms of Mr. Ferris, Mr. Goodlein, and Mr. Sickler will expire January 31, 2006. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-3 Resolution No. 2003-1 (Int. No. 6) Resolution Approving Reappointments 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 reappointment of the following persons to the Elevator Examining Board for terms which shall expire as follows: Name

Expiration of Term

Timothy Carges 1411 Chili Avenue

January 31, 2005

David Cooper 45 East Avenue

January 31, 2004

John Dyryanka 2285 Ridgeway Avenue

January 31, 2004

Michael Ferris 1669 Lake Avenue

January 31, 2006

Glenn Goodlein 15 Marway Drive

January 31, 2006

Dean LaDelfa 15 Marway Drive

January 31, 2005

Richard Reidman 1740 Penfield Road

January 31, 2005

Randal Sickler 387 East Main Street

January 31, 2006

Section 2. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No., 2003-6 Re: Agreement - Fair Housing/ Lending Monitoring, Public Interest Law Office of Rochester, Inc. R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an agreement with the Public Interest Law Office of Rochester, Inc., (PILOR) for the continued monitoring of mortgage lending activity. The maximum cost of this agreement will be $70,000, which will be funded from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant. The cost of the proposed agreement is the same as the cost of the

prior agreement. The Community Choice Action Plan was developed by the City, Monroe County, Towns of Greece and Irondequoit and Rochester Housing Authority, as recipients of federal housing assistance funding. The Cityʼs participation in the development of the plan was authorized by the City Council on February 20, 1996. The plan involves 80 strategies to address the impediments to fair housing in the county. A summary of these strategies, and their implementation status, is included in the 1999-2000 Consolidated Community Development Program. One of these strategies provides for the monitoring and analysis of lending activity of local financial institutions. PILOR has performed this monitoring since 1998 pursuant to periodic agreements; the most recent agreement was authorized by the City on September 25, 2001. During the current agreement term, PILOR continued participation in the Community Advisory Committee for the Federal Reserve Board. Loans of banks including Chase, Citigroup, Charter One, HSBC and M & T continued to be monitored. Negotiation with Citigroup succeeded in the lenderʼs adding dedicated loan officers to increase home mortgage lending in Rochester. Mapping of loans in the City was completed for January-December, 2000. In addition sub-prime lending in 2000, has been mapped and made available on the web site: housingchoice.org. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-6 (Int. No. 7) Authorizing An Agreement For Fair Housing Monitoring Services - $70,000 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 Public Interest Law Office of Rochester for continued services relating to the Community Choice (Fair Housing) Action Plan. Section 2. The agreement shall obligate the City to pay an amount not to exceed $70,000, 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 2002-03 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 unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-7 Re: Targeted Business Assistance Program R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban

Page 7

TUESDAY, JANUARY 14, 2003 Neighborhoods Transmitted herewith for your approval is legislation relating to the pre-financing component of the Targeted Business Assistance Program. This legislation will authorize an agreement with Scott Associates Consulting, Inc., 30 Arvine Heights, Rochester, NY 14611 to provide training and program facilitation for an Entrepreneur Development Program at a maximum cost of $35,000, which will be funded from a prior ordinance approved for this program.

Inc. to provide training and program facilitation for an Entrepreneur Development Program as a part of the Targeted Business Assistance Program. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $35,000, and said amount, or so much thereof as may be necessary, shall be funded from the appropriations made in Ordinance No. 98-99. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

This program will recruit and train individuals interested in owning and operating their own businesses. The goal is to develop educated, capable and informed business people who will establish sustainable businesses - providing needed jobs, services and investment in Rochester.

Section 4. This ordinance shall take effect immediately.

The successful graduates of this program will become part of a four-step process:

TO THE COUNCIL: Ladies and Gentlemen:

1. Intensive and rigorous entrepreneurial training, including on-the-job internships with established city businesses with brand value that can provide real-life industry experience. 2. Access to capital funding sources including local bank partners. 3. Incentives and assistance to locate businesses in targeted commercial districts. This program will also facilitate the acquisition of established city businesses as a part of their succession planning. 4. Post-financing technical assistance including monthly reviews of financial statements and periodic advisory meetings. The scope of services of the Consultant include: 1. Program marketing and recruitment 2. Participant application and selection 3. Schedule and delivery of training curriculum 4. Post-graduation guidance 5. Program monitoring A Request for Proposals (RFP) was issued on September 6, 2002. It was sent to seven organizations. Two proposals were received; Scott Associates was chosen because of their qualifications, experience and understanding of the project. The principal of Scott Associates is Ruth Scott. Respectfully submitted, William A. Johnson, Jr. Mayor

Passed unanimously.

Ordinance No. 2003-8 Re: Soccer Stadium Option R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation authorizing an option for the sale of land for the development of a new soccer stadium for the Rochester Raging Rhinos. The proposed location of the new stadium is on three parcels owned by the City, and it includes an portion of Oak Street that would need to be abandoned. As you know, City Council designated the site for urban renewal on December 17, 2002. The proposed option to the Rochester Rhinos Stadium, LLC, for the purchase of the City parcels at 900 West Broad Street, 524 Oak Street, 480 Smith Street and a portion of Oak Street to be abandoned, will allow the Rhinos to proceed with their development plans and to seek the required financing. The option will extend for a term of 90 days with a 60-day extension, and a second 60-day extension only for purposes of finalizing financing of the purchase. The price for the parcels will be determined by City Council when the actual approval of the sale is proposed. All required environmental, zoning and Urban Renewal reviews must be completed, and the street abandonment approved, if necessary, before final action approving the sale is taken by the City Council. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-5

Attachment No. AC-4 Ordinance No. 2003-7 (Int. No. 8) Approving An Agreement For The Targeted Business Assistance 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 Scott Associates Consulting,

Ordinance No. 2003-8 (Int. No. 23) Authorizing An Option For The Sale Of Parcels For The New Soccer Stadium BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an option for the sale of 900 West Broad Street, SBL #105.7502-06.1; 524 Oak Street, SBL #105.76-01-057; and

Page 8 480 Smith Street, SBL #105.76-01-50.1; and a portion of Oak Street to be abandoned, to the Rochester Rhinos Stadium, LLC, for the development of a new soccer stadium. The option may extend for a term of ninety days with a sixty-day extension, and a second sixty-day extension only for purposes of finalizing financing of the purchase. The price for the parcels shall be determined by City Council when it approves the sale and shall be based on fair market value, taking into account environmental and subsurface factors, or the price shall be established by the City Council pursuant to Urban Renewal procedures. Necessary SEQRA, zoning and Urban Renewal requirements must be met, and the street abandonment approved, if necessary, before final action approving the sale is taken by the City Council. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-9 Re: Stillson Street Abandonment R2010: Campaign 10 - Center City Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation relating to the abandonment of Stillson Street. This legislation will modify previous legislation submitted regarding the abandonment. The legislation will: 1. Amend the Official Map to provide for the abandonment; 2. Authorize a lease agreement for the abandoned property to Triangle Building Associates, LLC; and 3. Authorize the lease of 61 Chestnut Street (Parking Lot #18) to Triangle Building Associates, LLC. The abandonment was requested by Triangle Building Associates, LLC (a subsidiary of Flaum Management) to permit development of a parking lot at 21 Stillson Street, the site of the former Stillson Street garage, and 61 Chestnut Street, which is presently City Parking Lot #18. The area to be abandoned contains .175 acres; the legislation proposes that the City lease both the abandoned property and 61 Chestnut Street to the developer to allow the creation of a larger parking lot to support the redevelopment of the Triangle Building.

TUESDAY, JANUARY 14, 2003 the proposed lease, Triangle Building Associates will be responsible for the operation of the lot, including maintenance, utilities, special assessments, taxes and insurance. They will provide for improvements estimated at $82,000 including landscaping, repaving, drainage and lighting. The lot capacity will be increased to 39 spaces by including the proposed abandonment area. The parking lot will continue to support residential parking for both Chestnut Square Apartments and the Triangle Building. The lease will be for $1 in lieu of improvements and the term will be five years with option for an additional five-year term. The City will have the right to terminate the lease with a 90-day notice, after year 3, if the property is needed for a Center City project where the public sector is involved. The lease amount was determined by an appraisal performed by Midland Appraisal Associates, Inc. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, as Lead Agency, has determined that the proposal will not result in any significant effects. A negative declaration has been issued. A public hearing on the abandonment is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-6 Ordinance No. 2003-9 (Int. No. 9) Abandonment Of A Portion Of Stillson Street And Lease Of Real Estate 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 parcel, heretofore dedicated to street purposes and constituting a portion of Stillson Street: All that tract or parcel of land situate in the Phelps and Gorham Purchase, City of Rochester, County of Monroe, State of New York, all as shown on a map entitled “21 Stillson Street, Subdivision Plan”, prepared by Costich Engineering, P.C., having drawing number 1890-SUB, last dated 2/6/2001, and being more particularly bounded and described as follows:

Legislation to effect this abandonment was originally submitted to City Council on June 26, 2001. Prior to Council consideration of the item, the developer requested deferral of consideration to permit completion of the financing plan. The application was renewed this year.

Commencing at a point at the northeast corner of Stillson Street (43ʼ R.O.W.) and East Main Street (90ʼ R.O.W.); thence A. N21°41ʼ51”E, a distance of 63.31 feet to a point, said being the point and place of beginning; thence

The Planning Commission held an informational hearing on the request on October 7, 2002. The Commission recommended approval of the abandonment by a vote of 8-0-0.

1. N71°13ʼ59”W, a distance of 43.06 feet to a point; thence

Parking Lot #18, which contains 25 spaces, is currently leased to Jalynn, Inc., on a monthly basis to provide parking for residents at Chestnut Square Apartments located at 328 East Main Street. The City receives an annual lease payment of $7,200. Under

2. N21°41ʼ51”E, a distance of 106.95 feet to a point; thence 3. Continuing N21°41ʼ51”E along the aforesaid line, a distance of 25.12 feet to a point; thence

Page 9

TUESDAY, JANUARY 14, 2003 4. N69°15ʼ59”E, a distance of 48.00 feet to a point; thence 5. N19°14ʼ02”E, a distance of 20.94 feet to a point; thence 6. S12°06ʼ33”E, a distance of 0.13 feet to a point; thence 7. S11°04ʼ10”E, a distance of 79.28 feet to a point; thence 8. N70°53ʼ30”W, a distance of 15.01 feet to a point; thence 9. S84°04ʼ02”W, a distance of 22.03 feet to a point; thence 10. S21°41ʼ51”W, a distance of 105.51 feet to the point and place of beginning. Containing 0.175 acres of land, more or less. 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 October 7, 2002.

The intent of the proposed rezoning is to enable the applicant to subdivide the property at 1100 S. Goodman Street into two lots and to combine one of the resultant lots, which contains Beaven and Axling Halls, with the lot at 117 Highland Parkway. Beaven Hall, which is also known as 121 Highland Parkway, was built as a twelve-unit apartment building, whereas Axling Hall, which is known as 125 Highland Parkway, was built as a seven-unit apartment building. Both structures were built as student apartment buildings and can only be used for student housing purposes if they are maintained in the IPD district. The rezoning of the IPD lot to R-1 Residential will enable the applicant to sell the two affected structures to a private investor and will permit the existing uses to be maintained as constructed. The rezoning of the IPD parcel to R-1 Residential was suggested because the adjoining district is also R-1 Residential. A proposal to establish a high density Residential district on a single parcel could constitute spot zoning. By extending the R-1 district, any changes to increase the intensity of use of the two buildings will be prohibited.

Section 3. Upon abandonment of said street, the Council hereby approves the lease of the City-owned abandonment area and the parking lot at 286 East Main Street and 21 Stillson Street to Triangle Building Associates, LLC for a term of five years, with an option for an additional five years, for the sum of $1.00. Triangle Building Associates, LLC shall be required to improve the parcel as a parking lot meeting Municipal Code requirements and to continue the current lease for spaces for the use of tenants of the Chestnut Square Apartments. The City shall have the right to terminate the lease upon ninety days notice after year three if the property is needed for development or municipal purposes.

On December 9, 2002, the Planning Commission held an informational hearing. One person supported the rezoning proposal; five people spoke in opposition to the application. By a vote of 7-1, the Commission recommended approval of the requested rezoning of a portion of the property at 1100 S. Goodman Street from IPD district to R1 Residential district.

Section 4. This ordinance shall take effect immediately.

A public hearing is required.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 22 Re: Zoning Map Amendment 1100 S. Goodman Street

Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, as lead agency, has determined that the proposed rezoning will not result in any significant effects and has issued a negative declaration. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Norwood moved to return Introductory No. 22 back to committee. The motion was seconded by Councilmember Griswold.

R2010: Campaign 9 - Healthy Urban Neighborhoods

The motion was adopted unanimously.

Transmitted herewith for your approval is legislation amending the Zoning Map by rezoning a portion of the property at 1100 S. Goodman Street from Institutional Planned Development (IPD) to R-1 Single Family Residential district. The rezoned portion of 1100 S. Goodman Street will be combined with the adjoining parcel at 117 Highland Parkway, which is currently located in an R-1 Single Family Residential district.

CHANGING THE ZONING CLASSIFICATION OF A PORTION OF 1100 SOUTH GOODMAN STREET FROM INSTITUTIONAL PLANNED DEVELOPMENT (IPD) TO R-1 SINGLE FAMILY RESIDENTIAL

The property at 1100 S. Goodman Street consists of the Colgate Rochester Divinity School Campus. There are several buildings on the Divinity School Campus, including two structures at the northeast corner of the campus known as Beaven and Axling Halls. The property at 117 Highland Parkway consists of a secondary access driveway to the Divinity School Campus.

Introductory No. 22

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 115 of the Municipal Code, Zoning Ordinance, as amended, is hereby further amended by changing the zoning classification of the following-described property, constituting a portion of 1100 South Goodman Street, from Institutional Planned Development (IPD) to R-1 Single Family

Page 10

TUESDAY, JANUARY 14, 2003

Residential: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and being more particularly bounded and described as follows: Commencing at a point in the centerline of Greenview Drive at itʼs intersection with the easterly line of Lot 57 of the Highland Parkway Tract projected northerly, as shown on a map of the Highland Parkway Tract being recorded in the Monroe County Clerkʼs Office and filed in Liber 55 of maps at page 19, thence S 2° 54ʼ 56” E along said projection and the easterly line of Lot 57 a distance of 145.71 feet to the southerly line of the Highland Parkway Tract and the true point or place of beginning; Thence 1) N 87° 04ʼ 44” E along said southerly line a distance of 115 feet to a point; Thence 2) S 17° 45ʼ 57” W a distance of 154.93 feet to a point; Thence 3) S 89° 42ʼ 26” W a distance of 243.00 feet to a point; Thence 4) N 27° 54ʼ 06” W a distance of 147.60 feet to the southerly line of the Highland Parkway Tract; Thence 5) N 87° 04ʼ 44” E along the southerly line of the Highland Parkway Tract a distance of 244. 81 feet to the southeast corner of said Lot 57 and the point of beginning. Section 2. This ordinance shall take effect immediately. Item held. By Councilmember Griswold January 14, 2003 To the Council: The Public Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 10 - Authorizing Agreements For Human Services Projects The following entitled legislation is being held in committee: Int. No. 11 - Establishing Maximum Compensation For A Professional Services Agreement With FHF Management, Inc. For The Operation And Management Of The High Falls Facilities Respectfully submitted, Nancy K. Griswold Tim O. Mains Tony M. Thompson Lois J. Giess Gladys Santiago PUBLIC SERVICES & THE ARTS COMMITTEE

Ordinance No. 2003-10 Re: Agreements - Human Services Projects R2010: Campaign 7 - Quality Service Campaign 2 - Educational Excellence Transmitted herewith for your approval is legislation authorizing agreements for the following human services projects: Organization Project

Amount

Cornell Cooperative Extension of Monroe County Logic Model Training

$ 2,000

Net Office, Area A Maplewood Edgerton Toy library Southwest Area Neighborhood Assn. Southwest Community Center/ JMSE Wellness Center

5,000

41,000

The above projects are considered projects with matching funds, and are eligible for up to five years of funding under the human services funding guidelines approved by the City Council in June 1981. The Logic Model Training and Maplewood Edgerton Toy Library projects are in their third year of CDBG funding, and the Southwest Community Center/JMSE Wellness Center is in its fifth year of CDBG funding. The cost of the agreements will be financed from the General Community Needs allocation of the 2002-03 Community Development Block Grant. The Project Information/Budget forms are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-7 Ordinance No. 2003-10 (Int. No. 10) Authorizing Agreements For Human Services Projects 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 Human Services Projects in amounts not to exceed the following: Organization Project

Amount

Cornell Cooperative Extension of Monroe County Logic Model Training

$ 2,000

Received, filed and published.

NET Office, Area A Maplewood Edgerton Toy Library

TO THE COUNCIL: Ladies and Gentlemen:

Southwest Area Neighborhood Association

5,000

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TUESDAY, JANUARY 14, 2003 Southwest Community Center/ JMSE Wellness Center

41,000

Section 2. The agreements shall obligate the City of Rochester to pay an amount not to exceed $48,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2002-03 Community Development Program.

by the City Council on February 11, 1997. Respectfully submitted, William A. Johnson, Jr. Mayor Introductory No. 11

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

ESTABLISHING MAXIMUM COMPENSATION FOR A PROFESSIONAL SERVICES AGREEMENT WITH FHF MANAGEMENT, INC. FOR THE OPERATION AND MANAGEMENT OF THE HIGH FALLS FACILITIES

Section 4. This ordinance shall take effect immediately.

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

Passed unanimously.

Section 1. The amounts set forth in the City budgets for activities and facilities at High Falls, or so much thereof as may be necessary, are hereby established as the maximum amounts to be paid under a professional services agreement between the City and FHF Management, Inc. for the operation and management of the High Falls Facilities. The agreement shall provide for payment by the City of an annual sum of $100,000 as the basic management fee and an initial amount not to exceed $603,300 for expenses, 50% of all expense reductions annually in excess of $200,000 from the base amount of $911,900, and 50% of all incremental revenues annually above the base amount of $215,663. The agreement shall extend for a term of five years. Of said amounts, or so much thereof as may be necessary, $689,100 shall be funded from the 2002-03 and subsequent Budgets of the Department of Parks, Recreation and Human Services and $14,200 shall be funded from the 2002-03 and subsequent Budgets of the Department of Economic Development, contingent upon approval of subsequent budgets.

TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 11 Re: Management of Centers at High Falls Facility R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to the operation and management agreement for the High Falls Facility. This legislation will authorize a three-year agreement with FHF Management, Inc., 39 State Street, for continued operation of the facility. The maximum cost of the agreement will be $703,300, the same cost as the current agreement. The costs of the agreement will be funded from the 2002-03, and subsequent budgets of the Department of Parks, Recreation and Human Services ($689,100 for management services) and the Department of Economic Development ($14,200 for the laser display on the High Falls Garage). The terms of the agreement remain the same as the current agreement with FHF Management, Inc. The High Falls facilities include the Center at High Falls, Brownʼs Race Market, Triphammer Forge, Granite Mills Common, Brownʼs Raceway, the Festival Site, and the sound, light and laser show. FHF Management, Inc. has managed the High Falls Facility since 1997 under an agreement authorized by the City Council on February 11, 1997. FHF has overseen the development of two clubs and one restaurant, created a gift shop, art gallery, managed the interpretive center and the Triphammer Restaurant. Additionally, it manages the festival site, the sound, light and laser show and the laser show on the top of the High Falls Garage. FHF Management annually saves the City an estimated $208,600 in operating costs. Prior to FHF Management, Rochester Riverside Convention Center Management Corporation had operated the facility from 1992-97. The termination of that agreement was based on the plan presented in May 1996 for the conversion of the High Falls area to an entertainment district. Proposals for management and operation of the Center and Market, sound light and laser show and the other outdoor facilities were solicited in December, 1996. One proposal, from Flaum Management (FHF) was received. The most recent agreement for provision of these services by FHF Management, Inc. was authorized

Section 2. This ordinance shall take effect immediately. Held in committee. By Councilmember Stevenson January 14, 2003 To the Council: The Parks, Public Works & The Environment Committee recommends for adoption the following entitled legislation: Int. No. 12 - Establishing Maximum Compensation For A Professional Services Agreement For Project Management And Resident Project Representation Services Int. No. 13 - Establishing Maximum Compensation For A Professional Services Agreement For The Residential Streets Curb Replacement And Reconstruction Improvement Project Int. No. 14 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Training And Consulting Services Int. No. 342 - Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The West Ridge Road Improvement Project And Amending Ordinance No. 2002-342, As Amended The Parks, Public Works & The Environment Committee recommends for consideration the following entitled legislation:

Page 12 Int. No. 15 - Authorizing Changes In The Pavement Width Of Chili Avenue And Thurston Road As A Part Of The Chili Avenue Improvement Project Int. No. 16 - Authorizing A Decrease In The Pavement Width Of Monroe Avenue East Of Wilmer Street As A Part Of The Monroe Avenue Pedestrian Improvement Project Respectfully submitted, Robert J. Stevenson Brian F. Curran (Voted against Int. No. 16.) Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS & THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-11 Re: Agreement - Resident Project Representation and Project Management Services R2010: Campaign 7 - Quality Service Transmitted here for your approval is legislation to authorize an agreement with Bergman Associates, 28 East Main Street, Rochester, New York 14614, for project management and resident project representation service at a maximum cost of $600,000, which will be funded from the 2002-03 Cash Capital allocation for street projects in ($295,000) and water projects ($60,000) and the proceeds of a prior bond ordinance ($245,000). Typically, project management services for construction projects are provided by City Architectural Engineering Services Bureau personnel. At times of peak City project construction, City project management personnel are not able to manage the construction of all City projects. To address this problem, the Department of Environmental Services utilizes temporary project management services to supplement City staff in the management of various City projects. This provides a more manageable workload for the City project managers and avoids having to delay projects due to lack of adequate staff. The consultant will furnish a project manager as needed to manage various City projects and to perform the duties of the City project managers. The agreement also includes the provision of resident project representation services as needed on the projects managed by the consultant project manager to expedite and better coordinate project management and inspection. The project management portion of the agreement is estimated to cost $180,000; the remaining cost of $420,000 is for provision of resident project representation services for these projects. The consultant project manager may also manage projects with resident project representatives furnished under the resident project representation agreements authorized with other consultants. Bergmann Associates was selected because of the experience and availability of their personnel. They have performed successfully on City projects completed during the 2001 and 2002 construction season under a similar agreement. The majority of these projects involved curb replacement work on various streets throughout the City. This work requires an ability to perform rapid field design changes and to interact

TUESDAY, JANUARY 14, 2003 with numerous street residents and businesses. A significant number of new curb replacement projects are planned for the 2003 and 2004 construction seasons. Estimated construction cost for the work is $10 million. These contracts will be managed and inspected by Bergmann Associates under the new agreement to take advantage of the expertise they developed for the curb replacement work during the 2001 and 2002 construction. Under the terms of the agreement, project management and resident project representation services will be provided at specified hourly rates for a variety of projects as required by DES. The hourly rate range for Bergmann Associates will be $14.00 to $30.00. The agreement has an initial term of two years with a provision for an additional one-year renewal. Adjustment of the rates during the third year will be permitted, subject to approval by the City. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-11 (Int. No. 12) Establishing Maximum Compensation For A Professional Services Agreement For Project Management And Resident Project Representation Services BE IT ORDAINED, by the Council of the City of Rochester as follows: 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 Bergmann Associates for project management and resident project representation services. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Projects. Of said amount, $295,000 shall be funded from the 2002-03 Cash Capital Allocation, $245,000 shall be funded from Bond Ordinance No. 2002-51 and $60,000 shall be funded from the 2000-01 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-12 Re: Residential Streets Curb Replacement And Reconstruction Improvement Project Agreement R2010: Campaign 7 - Quality Services Transmitted herewith for your approval is legislation relating to Residential Streets Curb Replacement and Reconstruction Improvement project. This legislation will authorize the City to enter into a professional services agreement with Passero Associates, P.C., for design services for the project at a maximum cost of $180,000. The cost of the proposed agreement will be funded from 2000-01 Cash Capital allocation. The Residential Streets Curb Replacement and Reconstruction Improvement Project includes: Street Name & Limit

Page 13

TUESDAY, JANUARY 14, 2003 Improvement Abbott Street (Emerson Street to BergenStreet) Rehabilitated or Reconstructed Isabelle Street (Emerson Street to Bergen Street) Rehabilitated or Reconstructed Northampton Street (Emerson Street to Bergen Street) Rehabilitated or Reconstructed Bergen Street (McNaughton Street to Glide Street) Curbs Only Canton Street (Waldo Street to Otis Street) Curbs Only Ellsinore Street (Bergen Street to Otis Street) Curbs Only Palmyra Street (McNaughton Street to east end) Curbs Only Rutter Street (Lyell Avenue to Haloid Street) Curbs Only Sunset Street (north end to curve at Lyell Avenue) Curbs Only Trento Street (Otis Street to the south end) Curbs Only Waldo Street (Glide Street to McNaughton Street) Curbs Only The above rehabilitation or reconstruction streets will have new granite curbing, sidewalks, replaced as needed, and landscaping. Also included will be new water main, new water services and hydrants, and new catch basins. The “curbs only” streets will have hazardous sidewalks and asphalt covered sidewalks replaced. The current estimated cost of the project is $2,387,800. The distribution of this cost is shown below: Source

Estimated Cost

City Water Sewer Traffic Total

$2,004,500 283,300 88,000 12,000 $2,387,800

The cost of the street improvements will be financed from the 2001-02 Cash Capital allocation and from a bond ordinance approved for this purpose. The cost of sewer improvements will be financed from the 2000-01 Sewer Bond. The cost of the Water improvements will be financed from the 2000-01 Cash Capital allocation of DES. The cost of the Traffic Share will be financed from the anticipated reimbursements from Monroe County. Design of the project is scheduled to be completed in Summer 2003. Construction is expected to begin in Summer 2003 and be completed in Fall 2003. Respectfully submitted, William A. Johnson, Jr. Mayor

Section 1. The sum of $180,000, 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 Passero Associates, P.C. for design services for the Residential Streets Curb Replacement and Reconstruction Improvement 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 the 2000-01 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentleman: Ordinance No. 2003-13 Re: Amendatory Agreement with J.W. Consultant R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an amendatory agreement with J.W. Consultant (principal: Jacqueline Cooper), 240 Kirk Road, Rochester, NY 14612 for continued assistance in the identification and organization of leadership and field employeesʼ interrelationships among Department of Environmental Services (DES) employees. The maximum cost of the amendatory agreement will be $9,975, which will be financed from the 2002-03 Budget of DES. J.W. Consultant has provided training and assistance to DES since 2002 under periodic agreements. The most recent agreement for identification and organization of leadership and field employeesʼ interrelationships was $9,975, and thus not subject to authorization by City Council. It was executed in September, 2002. The proposed amendment of $9,975 would increase this amount to $19,950. Under this agreement, J.W. Consultant has provided the following services: Phase 1: Identification of the Key Drivers Workgroup Behavior 1. Individual interview sessions (up to 10 field employees, 2 supervisors and 2 managers). Interviews will take approximately 30 to 60 minutes each (Jackie and John meet with each team member to explore beliefs, attitudes and behaviors). 2. How the organization actually operates vs. the way it officially is supposed to. 3. Prevalent attitudes and what re-enforces them.

Attachment No. AC-8 Ordinance No. 2003-12 (Int. No. 13) Establishing Maximum Compensation For A Professional Services Agreement For The Residential Streets Curb Replacement And Reconstruction Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

4. Drivers of individual and group behaviors. Under the proposed amendatory agreement, J.W. Consultant will provide the following services: Phase II: Construction of System Model 1. Construct systems model of how the work environment actually operates. 2. Facilitate leader and employee meetings.

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TUESDAY, JANUARY 14, 2003

3. Coach sub-teams and facilitators with development of action plans and timetables. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-13 (Int. No. 14) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Training And Consulting Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $9,975, 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 J.W. Consultant for training and consulting services for the Department of Environmental Services. Said amount shall be funded from the 2002-03 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously. Introductory No. 342 was introduced September 17, 2002, and appears in its original form with its transmittal letter on page 284 of the 2002 Council Proceedings. Attachment No. AC-9 Ordinance No. 2003-14 (Int. No. 342, As Amended) Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The West Ridge Road Improvement Project And Amending Ordinance No. 2002-342 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of the following parcels for the construction and maintenance of municipal improvements as a part of the West Ridge Road Improvement Project as follows: Property Address Reputed Owner

SBL# Type

Amount

(PT) 1540-1550 Lake Ave Irving Starr (PT) 81 Lapham St Carol Winters (PT) 145 West Ridge Rd Eastman Kodak Co. (PT) 1525 Lake Ave Tim Donut US Limited Inc (PT) 1520 Lake Ave City of Rochester (PT) 279 West Ridge Rd City of Rochester School District (PT) 192 Desmond St Chris Conners [(PT)] (PE) 200 West

090.44-1-38

$ 1,000

Commercial 090.44-1-49.1 1,800 1 Family 090.43-3-4.2 197,800 Commercial 090.43-3-33.1 42,400 Commercial 090.44-2-1 7,375 Vacant Land 090.34-2-78.1 100 School 090.34-2-13.1 Commercial

400

Ridge Rd 090.35-1-2.4 540 Eastman Kodak Co. Industrial (PT) 211 West Ridge Rd 090.35-1-21 8,500 Rubino Italian Submarine Commercial (PT) 157 Lapham St 090.44-1-64 15,000 Linda M Stiles 1 Family (PT) 115 West Ridge Rd 090.43-3-8 12,900 Irving Starr Commercial (PT) 101-111 West Ridge Rd 090.43-3-9 132,000 Irving Starr Commercial (PT) 72 West Ridge Rd 090.44-1-39 499,000 (total) Michael J Piehler Trustee Commercial (PT) 60 West Ridge Rd 090.44-1-84 Michael J Piehler Trustee Commercial (PT) 39 Redwood Rd 090.44-1-02 Michael J Piehler Trustee Commercial (PT) 1560 Lake Ave 090.44-1-1 Michael J Piehler Trustee Commercial 45 Redwood Rd 090.44-1-3 Michael J Piehler Trustee Commercial (PT) = Partial Taking (PE) = Permanent Easement Section 2. The acquisition [and closing] costs shall obligate the City to pay an amount not to exceed $[678,000] 918,815, and said amount, and necessary closing costs, shall be funded from the appropriations made in Ordinance No. 2002-342. [To partially fund said amount, relocation, demolition, and $136,000 in City and State administrative costs, $392,000 is hereby appropriated from anticipated reimbursements from the Federal Government and $98,000 is hereby appropriated from anticipated reimbursements from New York State. Additional funding shall be provided in an ordinance approving additional acquisitions for this Project.] Section 3. In the event that any or all of said parcels cannot be acquired by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said parcels. Section 4. Ordinance No. 2002-342, relating to the acquisition of parcels for the West Ridge Road Improvement Project, as amended, is hereby further amended by deleting authorization for the full acquisition of the parcel at 101-111 West Ridge Road, which authorization is replaced by the partial acquisition authorized herein. Section 5. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-15 Re: Chili Avenue Improvement Project (Canal Bridge to W. Main Street) R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Chili Avenue Improvement Project. This legislation will amend Ordinance No. 2002-207 as follows:

Page 15

TUESDAY, JANUARY 14, 2003 1. Install recessed parking areas along Chili Avenue at the following locations:

be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans.

a. South side beginning 40ʼ east of Turner Street, easterly for 170ʼ; and

Section 4. This ordinance shall take effect immediately.

b. South side beginning 40ʼ east of Chili Terrace, easterly for 110ʼ.

Passed unanimously.

2. Install a recess parking area along the east side of Thurston Road, beginning 40ʼ south of Chili Avenue, southerly for 72ʼ. As a result of further coordination with the Chili Avenue residents and business owners, these additional recessed parking areas are proposed to accommodate additional on-street parking. The recessed parking areas along the south side of Chili Avenue will provide additional on-street parking for the businesses and residents in the vicinity of Turner and Salina Streets. The recessed parking area on Thurston Road will provide additional on-street parking in the vicinity of the Chili/Thurston/Gardiner intersection. The proposed recessed parking areas will be installed within the existing right-of-way. Construction of the project is anticipated to begin in 2003, and be completed in 2004. Public informational meetings were held on April 29 and December 10, 2002. Copies of the April meeting minutes were previously forwarded. Minutes for the December 10, 2002 meeting are attached. The Traffic Control Board endorsed the proposed recessed parking areas on December 17, 2002. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-10 Ordinance No. 2003-15 (Int. No. 15) Authorizing Changes In The Pavement Width Of Chili Avenue And Thurston Road As A Part Of The Chili Avenue 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 Chili Avenue as a part of the Chili Avenue Improvement Project in order to install recessed parking areas: 1. South side, beginning 40 feet east of Turner Street, easterly for 170 feet; and

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-16 Re: Monroe Avenue Pedestrian Improvement Project R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Monroe Avenue Pedestrian Improvement Project. The legislation will authorize the following changes in the pavement width of Monroe Avenue: A decrease from the existing 44-foot width to a proposed 28-foot width, beginning at Wilmer Street and extending for a distance to the east of 89 feet. The Monroe Avenue Pedestrian Improvement Project extends from Wilmer Street to Boardman Street. The project involves traffic calming control measures to slow traffic and improve pedestrian safety. The proposed legislation authorizes the narrowing of Monroe Avenue using curb bump-outs to create two 14-foot travel lanes. New curbs and new sidewalk will be installed where the pavements will be narrowed. The cost of the street improvements will be financed from the 2002-03 Cash Capital allocation ($20,500). Traffic improvements will be financed with anticipated reimbursements from Monroe County ($1,100). Public Informational Meetings concerning the project were held on July 16, 2002 and on November 14, 2002. Copies of the minutes of the meeting are attached. The proposed pavement width changes will be presented to the Traffic Control Board on January 7, 2003, for their endorsement. Construction of the project is scheduled for Spring 2003. A public hearing on the proposed changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-11

2. South side, beginning 40 feet east of Chili Terrace, easterly for 110 feet.

Ordinance No. 2003-16 (Int. No. 16)

Section 2. The Council hereby further approves the installation of a recessed parking area along the east side of Thurston Road, beginning 40 feet south of Chili Avenue, southerly for 72 feet.

Authorizing A Decrease In The Pavement Width Of Monroe Avenue East Of Wilmer Street As A Part Of The Monroe Avenue Pedestrian Improvement Project

Section 3. Such changes and additional changes as a part of the Chili Avenue Improvement Project shall

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

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TUESDAY, JANUARY 14, 2003

Section 1. The Council hereby approves a decrease of 16 feet in the pavement width of Monroe Avenue, from 44 feet to 28 feet, from Wilmer Street easterly for 89 feet.

relates to one property that was purchased by a tax exempt organization and used primarily for a tax exempt purpose as of February 1, 2001. The property should have been 75% tax exempt from general taxation commencing with the 2001 Final Assessment Roll.

Section 2. Such changes and additional changes as a part of the Monroe Avenue Pedestrian Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans.

The amount of $2,594.31 or 48.95% of the total, relates to one property that was acquired by Monroe County on April 11, 2000. It should have been totally exempt from general taxation starting with the 2001 Final Assessment Roll.

Section 3. This ordinance shall take effect immediately.

If this cancellation is approved, total cancellations thus far for 2002-03 will be $ 154,548.97.

Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - Councilmember Curran - 1. By Councilmember Douglas January 14, 2003 To the Council:

Accounts City Council Administrative Total

$123,293.17 31,255.80 $154,548.97

These cancellations represent .074% of the tax receivables as of July 1, 2002. Respectfully submitted, William A. Johnson, Jr. Mayor

The Finance & Public Safety Committee recommends for adoption the following entitled legislation: Int. No. 17 - Cancellation Of Taxes And Charges

26 95 121

Amounts

Ordinance No. 2003-17 (Int. No. 17) Cancellation Of Taxes And Charges

Int. No. 18 - Authorizing An Agreement For A Pilot Drug Control Project And Appropriating Funds

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

Int. No. 19 - Establishing Maximum Compensation For A Professional Services Agreement With Rochester Area Crimestoppers, Inc. And Amending The 2002-03 Budget By Appropriating Forfeiture Funds

Section 1. The City Treasurer is authorized to cancel the following City taxes and charges.

Int. No. 20 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Litigation Services Int. No. 21 - Establishing Maximum Compensation For Professional Services Agreements For State Lobbying Services Int. No. 24 - Authorizing The Director Of Finance To Cancel Real Property Taxes Or Charges Of $1,000 Or Less Respectfully submitted, Benjamin L. Douglas Brian F. Curran Robert J. Stevenson Gladys Santiago FINANCE & PUBLIC SAFETY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-17 Re: Cancellation or Refund of Erroneous Taxes and Charges R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $5,299.61. The amount of $2,705.30, or 51.05% of the total,

(a) This property was purchased and used for a qualifying tax exempt purpose as of February 1, 2001. It should have been 75% tax exempt commencing with the 2001 Final Assessment Roll. S.B.L.# Class Amount Address Tax Year Canceled 105.410-0002-019 395 Emerson St

NH 2002

$2,705.30

(b) The property below was acquired by Monroe County on April 11, 2000. This property should have been exempt from general taxation starting with the 2001 Final Assessment Roll. S.B.L.# Address

Class Tax Year

Amount Canceled

121.300-0001-041.001 NH 129 S. Plymouth Ave 2002 2003

$1,273.08 1,321.23

Total

$5,299.61

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.

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TUESDAY, JANUARY 14, 2003 TO THE COUNCIL: Ladies and Gentlemen:

Section 5. This ordinance shall take effect immediately.

Ordinance No. 2003-18 Re: Controlling Drug Markets, Pilot Project

Passed unanimously.

R2010: Campaign 3 - Health, Safety And Responsibility Transmitted herewith for your approval is legislation authorizing an agreement with David M. Kennedy, of Concord, Massachusetts, for consultant services relative to establishing a pilot project to control drug markets in a targeted area in Rochester. The maximum cost of the agreement will be $50,000, which will be funded from the federal Weed and Seed Grant. The legislation also proposes appropriating an additional $10,000 for data analysis and mapping services. Under this agreement, Mr. Kennedy will develop a pilot program in a neighborhood or area to be selected, and begin to work through the strategies, culminating in an evaluation of the project. The project will be designed to take place over a period of four to six months. Mr. Kennedy is a senior researcher at the Program in Criminal Justice Policy and Management, at the Kennedy School of Government, Harvard University. His work focuses on strategies for assisting troubled communities. He is an expert on the focused deterrence strategy developed in Boston as the backbone of Operation Ceasefire, which dramatically reduced homicide in Boston. The strategy relies on direct and repeated communication of enforcement commitments, which produces results, while avoiding some of the costs associated with traditional enforcement efforts. If the proposed legislation is approved, Mr. Kennedy will begin his work in February. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-18 (Int. No. 18) Authorizing An Agreement For A Pilot Drug Control Project And Appropriating Funds 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 David M. Kennedy for establishment of a pilot project to control drug markets in a targeted area of the City. 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 Weed & Seed Grant Program Funds. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. There is hereby appropriated from Weed & Seed Grant Program Funds the sum of $10,000, or so much thereof as may be necessary, to fund technical support related to the agreement authorized herein.

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-19 Re: Appropriation of Forfeiture Funds R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation to authorize the following actions: 1. Appropriate $26,700 from forfeited property revenues, and amend the 2002-03 budget of the Police Department by that amount; and 2. Authorize an agreement with Rochester Area Crimestoppers, Inc., at a maximum cost of $20,000, to be funded by above appropriation. As you are aware, the City has supported the efforts of the Crimestoppers program for several years. The proposed agreement is $30,000 less than the prior agreement. The additional $6,700 of forfeiture funds will be used to obtain consultant services relative to training for Police Department employees. These funds will augment the training already provided in the 2002-03 operating budget. According to guidelines established by the Attorney General, forfeiture funds may not be used to supplant existing budget appropriations. The expenditures recommended herein will augment existing services. The only previous appropriation of forfeiture funds during the current fiscal year was $100,000 that is appropriated annually to the Police budget to provide an enhanced level of covert evidence purchases and overtime for drug enforcement by the Special Investigation Section (SIS). The balance available in the fund before this transaction was $215,568. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-19 (Int. No. 19) Establishing Maximum Compensation For A Professional Services Agreement With Rochester Area Crimestoppers, Inc. And Amending The 2002-03 Budget By Appropriating Forfeiture Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: 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 Rochester Area Crimestoppers, Inc. for public information on serious crimes and aid in solving such crimes. Said amount shall be funded from the 2002-03 Budget of the Rochester Police Department. Section 2. Ordinance No. 2002-194, the 2002-

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TUESDAY, JANUARY 14, 2003

03 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 $26,700, which amount is hereby appropriated from funds realized from seized and forfeited assets to fund the agreement authorized herein and additional police training. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-20 Re: Agreements - Litigation Services R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an amendatory agreement for the provision of services and assistance relating to certain litigation involving the City. The maximum cost will be $40,000, which will be financed from 2002-03 budget for Undistributed Expense. The Law Department often requires various professional services and assistance in conjunction with claims and litigation involving the City. For this reason, the City Council periodically authorizes agreements with private investigators, medical experts or others. The most recent agreements for engineering and technical services were authorized in the amount of $60,000 by the Council on November 20, 2001. The proposed legislation will authorize an amendatory agreement for additional engineering and technical services and assistance for a claim that is currently being litigated. Respectfully submitted, William A. Johnson, Jr. Mayor

Relations, State Lobbying Services R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with Kevin Cleary Government Relations, LLC, of Albany, for continued provision of state lobbying services. The maximum cost of this agreement will be $36,000, plus reimbursement for extraordinary travel and communication expenses authorized by the City, which will be financed from the 2002-03 budget of the Office of the Mayor. This legislation also authorizes an amendment to Mr. Clearyʼs 2002 agreement to increase the fee for services by $5,000 to reflect unanticipated work on the ferry project beyond the scope of the contract. Mr. Cleary has provided lobbying services for the City since 1995. The most recent agreement for such services was authorized by the City Council on December 18, 2001. Under the proposed agreement, Mr. Cleary will continue to provide lobbying services during 2003. Specifically, he will: 1. Present and explain the Cityʼs legislative proposals to the Cityʼs representatives, committee chairpersons and Senate and Assembly leaders; 2. Arrange for the introduction of specific bills, their consideration by the appropriate committees and the Senate and Assembly and their approval by the Governor; 3. Identify and review all other bills that could affect the City and, as directed by the City, present comments concerning these bills; 4. Review the annual State budget with respect to its effect upon the City; 5. Arrange and coordinate any necessary meetings between State and City officials;

Ordinance No. 2003-20 (Int. No. 20) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Litigation Services 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 for engineering and technical consulting services as required by the Law Department in conjunction with claims made by or against the City. Said amount shall be funded from the 2002-03 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-21 Re: Agreement - Kevin Cleary Government

6. Coordinate the above activities with the NYS Conference of Mayors and other “Big 6” cities, as necessary; and 7. Provide general advice on legislative matters. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-21 (Int. No. 21) Establishing Maximum Compensation For Professional Services Agreements For State Lobbying Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $36,000, plus reimbursement for extraordinary travel and communications expenses authorized by the City, 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 Kevin Cleary Government Relations, LLC, for the continued provision of State lobbying services. Said amount shall be funded from the 2002-03 Budget of the Office of the Mayor.

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TUESDAY, JANUARY 14, 2003

delinquent amounts) established by the Council for that year.

Section 2. The sum of $5,000, 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 Kevin Cleary Government Relations, LLC, for the provision of State lobbying services relating to the Fast Ferry Project. Said amount shall be funded from the 200203 Budget of the Office of the Mayor.

Respectfully submitted, William A. Johnson, Jr. Mayor

Section 3. This ordinance shall take effect immediately.

Authorizing The Director Of Finance To Cancel Real Property Taxes Or Charges Of $1,000 Or Less

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-22 Re: Authorization - Tax Cancellations And Refunds R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the Director of Finance to cancel or refund certain erroneous ad valorem taxes, charges and fees during 2003. Each year, approximately 64,300 tax bills are issued by the City. In 2002-03 the most recently completed fiscal year, these bills contained City and School taxes, charges and fees totaling $160,731,647. Of this amount, taxes and charges totaling $1,453,655 or .90% of the total levy, subsequently were determined to be erroneous and were canceled. These cancellations involved 1,268 accounts or 1.97% of the total number. Pursuant to Section 556 of the N.Y.S Real Property Tax Law, the City Council is required to approve all cancellations. Under the provisions of Chapter 383 of the Laws of 1984, however, it may delegate to the Director of Finance the authority to approve such cancellations, under certain conditions. Such delegation was initially approved by the Council on March 24, 1987. Under Chapter 515 of the Laws of 1997, the maximum authorized to be canceled administratively is $2,500. Approval of this authorization is required annually, and the authorization to cancel charges up to the amount of $1,000 was most recently approved on January 15, 2002. During calendar year 2002, the Director of Finance authorized cancellations totaling $44,695.71 for 163 accounts. Reapproval of this delegation of authority is requested for 2003. As you are aware, the purpose of such delegation is to reduce the amount of time required to correct a taxpayerʼs account and, in some instances, to issue a refund. The following conditions will continue to be applicable: 1. A report summarizing all cancellations approved by the Director of Finance during any month will be submitted to the Council by the fifteenth day of the subsequent month; and 2. The total cancellations approved by the Director for any fiscal year will not exceed the amount of the tax reserve (provision for uncollected or

Ordinance No. 2003-22 (Int. No. 24)

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Director of Finance is hereby authorized to approve the cancellation of real property taxes and/or charges or fees added to taxes subject to the following conditions: a. The amount to be cancelled for any year for any particular account shall be $1,000 or less; b. A report summarizing all cancellations approved by the Director during any month shall be submitted to the City Council by the 15th day of the subsequent month; and c. The total amount of cancellations approved by the Director for any fiscal year shall not exceed the amount of tax reserve (provisions for uncollected or delinquent amounts) established by the City Council for that year. Section 2. This ordinance shall be in effect for calendar year 2003.

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TUESDAY, JANUARY 14, 2003 - TUESDAY, FEBRUARY 11, 2003

Passed unanimously. The meeting was adjourned at 9:45 P.M. CAROLEE A. CONKLIN City Clerk ***** REGULAR MEETING FEBRUARY 11, 2003 Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 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: RFD John H. Vanderlinden RPD *Claudette B. Duguay *Peter C. LʼAbbate DES *Jim Kupecz *Will not attend meeting. APPROVAL OF THE MINUTES By Councilmember Thompson RESOLVED, that the minutes of the Regular Meeting of January 14, 2003, 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: Schedule of Revenues and Expenditures. 37087 Administrative Cancellation or Refund of Erroneous Taxes and Charges. 3709-7 Owner-Occupant Auction - April 2, 2003. 3710-7 Corporation Counsel Submits Settlement of Tax Assessment Proceedings. 3711-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. None presented. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Authorizing Amendatory Community Development Program Plans, Appropriating Funds And Authorizing Agreements For The Lead Hazard Reduction Program And Amending Ordinance No. 2001-348 Int. No. 37 No speakers.

Amending The 2002-03 Community Development Program Plan And Approving A Loan Agreement For The Unity Health System Senior Housing Project At Their Genesee Street Campus Int. No. 38 No speakers. Local Improvement Ordinance - Care And Embellishment Of Various Neighborhood Street Malls For 2003 Int. No. 42 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood February 11, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 25 - Authorizing The Sale Of Real Estate, As Amended Int. No. 26 - Authorizing Sale Of Additional Parcels For The 2002 Home Expo Program Int. No. 27 - Appropriating Funds And Authorizing Agreements For The Home Reoccupation/Vacant Grant/Homesteading Programs Int. No. 28 - Approving Loan Agreements For Rental Projects Int. No. 29 - Approving A Property Tax Exemption And Authorizing An In-Lieu-Of-Tax Agreement For HOP Rental Projects Int. No. 30 - Approving A Property Tax Exemption And Authorizing An In-Lieu-Of-Tax Agreement For Providence Housing Development Corporation Rental Projects Int. No. 31 - Authorizing An Application And Agreements Relating To The Housing Opportunities For Persons With AIDS Program Int. No. 32 - Approving A Property Tax Exemption And In-Lieu-Of-Tax Agreement For Cedarwood Towers, As Amended Int. No. 33 - Bond Ordinance Of The City Of Rochester, New York Amending And Consolidating Prior Authorizations In Furtherance Of The Cityʼs East End Development Project Int. No. 34 - Establishing $7,700 As Maximum Compensation For An Amendatory Professional Services Agreement For A Media Outreach Campaign Int. No. 35 - Resolution Approving Appointments And Reappointments To The Downtown Enhancement District Advisory Committee Int. No. 36 - Authorizing Extension Of Agreements For Operation Of The Sister Cities And Court Street Parking Garages (Substituted in its entirety for the earlier one: Authorizing An Agreement With Allright New York Parking, Inc. For Operation Of The Sister Cities, Genesee Crossroads And Court Street Parking Garages - Int. No. 36) Int. No. 52 - Authorizing An Agreement With The Town Of Gates For Building Inspection Services

Page 21

TUESDAY, FEBRUARY 11, 2003 The Housing & Economic Development Committee recommends for consideration the following entitled legislation:

lots that are being sold to the adjoining owners for $1.00. The parcels are considered unbuildable due to their size.

Int. No. 37 - Authorizing Amendatory Community Development Program Plans, Appropriating Funds And Authorizing Agreements For The Lead Hazard Reduction Program And Amending Ordinance No. 2001-348

The last eight properties are vacant lots that are being sold to Flower City Habitat for Humanity to accommodate the construction of single-family homes. The homes will subsequently be sold to owner occupants with incomes not to exceed 80% of the median income for the area.

Int. No. 38 - Amending The 2002-03 Community Development Program Plan And Approving A Loan Agreement For The Unity Health System Senior Housing Project At Their Genesee Street Campus

Respectfully submitted, William A. Johnson, Jr. Mayor

Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold HOUSING & ECONOMIC DEVELOPMENT COMMITTEE Received, filed and published.

Attachment No. AC-12 Councilmember Griswold moved to amend Introductory No. 25. The motion was seconded by Councilmember Mains. The motion was adopted unanimously.

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-23 Re: Sale of Real Estate R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of 37 properties. The first 15 properties were sold at the November 14, 2002 Public Auction. The properties will be rehabilitated in accordance with their legal uses and the purchasers will be required to complete the rehabilitation within nine months after the conditional closing. The next five properties were sold at the November 14, 2002 Public Auction, subject to the acceptance of a proposal. The property at 162-164 Avenue D will be rehabilitated as an eight-family; 549 Averill Avenue as a three-family; 555 Averill Avenue as a two-family; and 239 Selye Terrace as a five-family. The property at 347 Webster Avenue will be rehabilitated as an office with a storage area. The next two properties are vacant lots that were sold at the November 14, 2002 Public Auction, subject to the acceptance of a development proposal. The property at 1299-1321 Clifford Avenue will be fenced and landscaped and combined with the purchaserʼs adjoining property. The property at 325-331 Genesee Street will accommodate the construction of an ice cream and doughnut shop. The next property consists of four parcels that were sold at the September 20, 2002 Request for Proposal sale. The properties will be developed as a parking lot, a storage facility, an office and one apartment. The next two properties are structures that were negotiated sales with the purchase prices established by independent appraisals. The property at 23 Brayer Street is being sold to resolve a title problem. A large storage facility spans the properties at 15,19 and 23 Brayer Street. The purchaser owns the adjoining parcels at 15 and 19 Brayer Street, and all three properties will be combined. The property at 144 Norton Street will be rehabilitated as a two-family structure. The next four properties are unbuildable vacant

Ordinance No. 2003-23 (Int. No. 25, As Amended) Authorizing The Sale Of Real Estate 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 improved property by regular auction: Address S.B.L.#

Legal Use Purchaser

Price

418 Alphonse St 2 Family $9,000 106.26-3-32 Rodney Terry 206 Atkinson St 2 Family 4,500 120.44-2-59.1 Central City Properties, Inc. 473 Clifford Ave 1 Family 2,300 106.31-4-9 Darin Proctor 31 Durgin St 2 Family 2,500 106.37-1-10.1 Gloria Steward 92 Evergreen St 1 Family 4,600 106.30-3-71 Rodney Terry 14 Frederick St 1 Family 2,100 106.49-1-30 Teresa M. Brown 627 Goodman St N. 2 Family 11,200 106.67-1-10 Timothy John Jones 64 Ketchum St 2 Family 4,700 106.23-1-35 Lucille Rodgers & Mary Mosley [17 Merrimac St 1 Family 800 106.40-4-40 Terry Langley] 151 Merrimac St 1 Family 1,700 106.49-1-14 Terry Langley 56 Potomac St 2 Family 7,000 120.32-1-43 Napier Enterprises, LLC* 241 Union St N. 1 Family 2,800 106.66-1-20 Teresa M. Brown 36-38 Wadsworth St 1 Family 2,500 106.41-4-66&65 Central City Properties, Inc.** 491 Wilkins St 1 Family 4,400 106.25-2-64 Sherri Sprague 37 Woodward St 1 Family 8,000 106.65-3-15.1 George Maciuska * Officers: Robert Napier ** Officers: Maria Mason

Page 22

TUESDAY, FEBRUARY 11, 2003

Section 2. The Council hereby further approves the sale of the following parcels of improved property with proposal at regular auction: Address S.B.L.#

Purchaser Price

162-164 Avenue D 091.77-5-24 549 Averill Ave 121.57-3-13 555 Averill Ave 121.50-3-10 239 Selye Ter 090.82-2-52 347 Webster Ave 107.45-2-28

Richard Phipps $12,500 Gary Nemi 30,500 Alex Massachi 36,000 Clifton Seaman 33,500 Christine Cataldo 10,000

Section 3. The Council hereby further approves the sale of the following parcels of vacant land with proposal by regular auction: Address S.B.L.#

Purchaser Price

1299-1321 Clifford Ave 106.35-3-5&6 325-331 Genesee St 120.66-1-24&25

Timothy Siebert $ 500 Violet Givens 3,500

Section 4. The Council hereby further approves the sale of the following parcels of improved property by request for proposal sale: Address:

1046 & 1064 E. Main St/28 Bragg Al/ 4 Railroad St S.B.L.#: 106.75-1-14.1&13.1, 106.76-1-3&2 Price: $20,000 Purchaser: Frank Guido Section 5. The Council hereby further approves the negotiated sale of the following parcels of improved property:

Address Purchaser

S.B.L.#

73 Emerson St 105.43-2-20 Flower City Habitat for Humanity* 105-111 Fulton Ave 105.43-2-58 Flower City Habitat for Humanity* 118 Fulton Ave 105.43-2-35 Flower City Habitat for Humanity* 139-141 Fulton Ave 105.43-2-43 Flower City Habitat for Humanity* 207 Fulton Ave 105.35-4-36 Flower City Habitat for Humanity* 212 Fulton Ave 105.35-2-53 Flower City Habitat for Humanity* 215-217 Fulton Ave 105.35-4-32 Flower City Habitat for Humanity* 50 Phelps Ave 105.43-2-65 Flower City Habitat for Humanity*

Price $450 425 450 475 450 450 450 450

* Officers: Kevin Prinzing, Dick Sprenkle, Elizabeth Stewart, Peter Price, Arthur Woodward Section 8. 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 9. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-24 Re: Additional Home Expo Lots

Address S.B.L.#

Purchaser Price

R2010: Campaign 9 - Healthy Urban Neighborhoods

23 Brayer St 105.74-1-17 144 Norton St 091.61-1-90

Lorie Palumbo $1,500 Klemens Leskovics 1,500

Transmitted herewith for your approval is legislation authorizing the sale of an additional 42 parcels for the Home Expo 2002 program. On September 17, 2002, City Council approved the sale of 211 vacant city-owned parcels to be sold through Home Expo 2002. The additional parcels are to be added to this list to expand the selection of lots available to Home Expo buyers. These parcels became available through recent housing demolition activities and City tax foreclosure.

Section 6. The Council hereby further approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Purchaser

151 Atkinson St 121.37-1-17 EH 315 Cottage St Pt of 135.27-2-13 W H 315 Cottage St Pt of 135.27-2-13 82 Prospect St Inc.* 120.44-3-7

James Hampton, Jr. 4195+/Kathy A. Hopson-Members 1416+/Dorothy Williams 2978+/Church of God by Faith,

Sq.Ft.

2561+/-

*Officers: David Rourk, Eddie Johnson Section 7. The Council hereby further approves the negotiated sale of the following parcels of vacant land with proposal:

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-24 (Int. No. 26) Authorizing Sale Of Additional Parcels For The 2002 Home Expo Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the addition of the following parcels of land to the parcels approved for sale as a part of the 2002 Home Expo Program in Ordinance No. 2002-74 and Ordinance

Page 23

TUESDAY, FEBRUARY 11, 2003 No. 2002-288:

ownership and occupy the properties for five years.

Address 154 Alphonse St. 1120 Avenue D 210 Bay St. 321 Bay St. 432 Bay St. 205 Baycliff Dr. 21 Berlin St. 251 Berlin St. 563 Clifford Ave. 24-24.5 Concord St. 97 Conkey Ave. 218 Conkey Ave. 258 Conkey Ave. 284 Conkey Ave. 17 Council St. 73 Evergreen St. 93 Evergreen St. 114 Fillmore St. 368 Fourth St. 22 Harris St. 45 Hoeltzer St. 143 Hollenbeck St. 402 Lakeview Pk. 96 Mason St. 21 Mazda Terr. 290 Melville St. 24 Merrimac St. 428 Murray St. 17 Oakman St. 19 Oakman St. 127 Rohr St. 650 Scio St. 123 Second St. 55 Sixth St. 269 Sixth St. 828 Smith St. 190 Spencer St. 198 Spencer St. 192 Turpin St. 375 Webster Ave. 261 Wilkins St. 20 Woodbine Ave. 140 Woodbury St.

SBL 106.33-1-80 91.82-2-80 106.43-2-30 106.51-2-07 106.44-4-26 107.29-2-57 106.23-3-16 106.25-1-01 106.31-4-26 106.49-2-28 106.29-4-20.1 106.21-3-27 106.21-3-47 106.21-3-68 106.42-2-02 106.38-1-1.1 106.38-1-11 120.48-2-33 106.51-3-50 106.29-1-82 106.39-2-21 91.78-1-40 90.73-3-65 90.82-3-73 91.70-2-58 107.54-2-55 106.40-4-37 105.57-4-68 106.46-2-01 106.46-2-02 106.43-1-17 106.50-3-50 106.51-1-18 106.60-2-66 106.44-4-18 105.74-2-33 105.68-1-16 105.68-1-17 91.66.3-27.1 107.45-2-25 106.24-2-18 120.57-1-51 106.57-1-3.1

On October 23, 2001, City Council appropriated a total of $300,000 from the CDBG program for the Homesteading Program; all of the $300,000 has been disbursed or committed for the rehabilitation of 20 properties. It is expected that the proposed $250,000 will fund the renovation of an additional 17 properties. The proposed appropriation will provide a grant of up to $15,000 to owner/occupants for the rehabilitation of those properties that have been deemed suitable for participation in the “Dollar and a Dream” Program. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-13 Ordinance No. 2003-25 (Int. No. 27) Appropriating Funds And Authorizing Agreements For The Home Reoccupation/Vacant Grant/ Homesteading Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $250,000, or so much thereof as may be necessary, is hereby appropriated from the Home Reoccupation/Vacant Grant/Homesteading Allocation of the 2002-03 Community Development Program to fund the Home Reoccupation/Vacant Grant/Homesteading Programs. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Home Reoccupation/Vacant Grant/ Homesteading Programs. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Section 2. This ordinance shall take effect immediately.

Section 4. This ordinance shall take effect immediately.

Passed unanimously.

Passed unanimously.

TO THE COUNCIL: Ladies and Gentlemen:

TO THE COUNCIL: Ladies and Gentlemen:

Ordinance No. 2003-25 Re: Homesteading Programs

Ordinance Nos. 2003-26, 2003-27, and 2003-28 Re: Affordable Rental Projects

R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation appropriating $250,000 from the Community Development Block Grant Home Reoccupation/Vacant Grant/Homesteading allocation of the 2002-03 Consolidated Community Development Plan. The program provides grants of up to $15,000 to prospective owner/occupants of vacant one- and twofamily residential structures. The program is available citywide to applicants whose incomes are below 80% of median family income for the Rochester area. The program will be utilized in conjunction with the Cityʼs Homesteading Program. Recipients must rehabilitate the properties, obtain Certificates of Occupancy, retain

R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the development of two affordable rental housing projects. This legislation will: 1. Authorize a loan agreement with Housing Opportunities, Inc. (HOP), or corporation to be formed by HOP, in an amount not to exceed $358,000; 2. Authorize a loan agreement with Providence Housing Development Corporation (Providence), or corporation to be formed by Providence, in an amount not to exceed $363,000;

Page 24

TUESDAY, FEBRUARY 11, 2003

3. Appropriate or reappropriate the following funds to finance said agreements: $106,003 from the 2000-01 City Development Fund; $203,000 from the 2002-03 City Development Fund; and $411,997 from the 2002 HOME Program (Rental Housing Fund); and 4. Approve the exemption of the projects from property taxes and authorize agreements for payments in lieu of taxes (PILOT) for the following properties: A. HOP Project: [1] 370 Alexander Street (four 1-bedroom apartments) [2] 109 Devonshire Court (four 2-bedroom apartments) [3] 264 Sawyer Street (one 2-bedroom and one 3-bedroom apartment) B. Providence Project: [1] 519 Driving Park Avenue (two 3 -bedroom units) [2] 289 Lakeview Park (two 2 -bedroom units) [3] 656 Parsells Avenue (four 2 -bedroom units) [4] 674 Parsells Avenue (two 2-bedroom units) The City has worked with the Rochester Housing Development Fund Corporation, the Greater Rochester Housing Partnership, the Enterprise Foundation, and the Community Preservation Corporation to develop a rental rehabilitation program that would return to productive use properties acquired by the City through the Asset Control Area Program (ACAP) or through tax foreclosure. This rental program was approved by City Council on August 20, 2002. As noted at that time, HOP and Providence were expected to be among the first developers to undertake projects through this new program. It was originally expected that their proposed projects would receive Low-Income Housing Tax Credit (LIHTC) allocations from the State of New York, which would serve as the principal source of financing. Unfortunately, neither developer was successful in obtaining an LIHTC allocation and the projects have now been restructured, reducing the number of properties to be renovated from 18 (41 units) to seven (20 units). The HOP project has a total budgeted cost of $708,000 financed from the following sources: GRHP/NYS HOME CPC/US Treasury CDFI City Loan Total

$100,000 250,000 358,000 $708,000

The Providence project has a total budgeted cost of $837,744 financed from the following sources: GRHP/NYS HOME CPC/US Treasury CDFI City Loan Private mortgage Total

$100,000 250,000 363,000 124,744 $837,744

In addition, five of the units in each project would utilize Section 8 project-based assistance awarded by the Rochester Housing Authority to the Greater Rochester Housing Partnership. Project rents would be affordable to households with incomes below 50% of median income, with the Section 8 units creating affordability for households with incomes at or below 30%. PILOT agreements of 10% of shelter rents for periods of 15 years are proposed. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-14 Ordinance No. 2003-26 (Int. No. 28) Approving Loan Agreements For Rental Projects 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 Housing Opportunities, Inc. or a housing development fund company affiliated with Housing Opportunities, Inc. whereby the City shall provide an amount not to exceed $358,000 to partially finance the costs of the development of rental units. The loan shall be for a term not to exceed 15 years with a 1% interest rate. The borrower shall make annual payments of 1% interest, with the principal deferred until year 15. Section 2. The Mayor is hereby further authorized to enter into a loan agreement with Providence Housing Development Corporation or a housing development fund company affiliated with Providence Housing Development Corporation whereby the City shall provide an amount not to exceed $363,000 to partially finance the costs of the development of rental units. The loan shall be for a term not to exceed 15 years with a 1% interest rate. The borrower shall make annual payments of 1% interest, with the principal deferred until year 15. Section 3. The agreements shall obligate the City to pay an amount not to exceed $721,000, and of said amount, or so much thereof as may be necessary, $411,997 is hereby appropriated from 2002 HOME Program Funds, $106,003 shall be funded from the 2000-01 City Development Fund and $203,000 shall be funded from the 2002-03 City Development Fund. Section 4. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately. Passed unanimously.

Ordinance No. 2003-27 (Int. No. 29)

Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For HOP Rental Projects BE IT ORDAINED, by the Council of the City of

Page 25

TUESDAY, FEBRUARY 11, 2003 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 15 years, the following HOP properties, to be owned by a housing development fund company affiliated with Housing Opportunities, Inc. and to be used for low income rental housing: Address 370 Alexander Street 109 Devonshire Court 264 Sawyer Street

S.B.L.# 106.82-2-27 120.63-2-21 135.26-1-53

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement for a period of fifteen years with the owner for the affordable rental housing project, whereby the owner shall be obligated to make annual tax and in-lieu-of- tax payments to the City of Rochester equal in total to at least 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. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-28 (Int. No. 30) Approving A Property Tax Exemption And Authorizing An In Lieu-Of-Tax Agreement For Providence Housing Development Corporation Rental Projects 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 15 years, the following Providence properties, to be owned by a housing development fund company affiliated with Providence Housing Development Corporation, and to be used for low income rental housing: Address 519 Driving Park Avenue 289 Lakeview Park 656 Parsells Avenue 674 Parsells Avenue

S.B.L.# 90.81-3-08 90.82-1-02 107.56-2-59 107.56-2-55

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement for a period of fifteen years with the owner for the affordable rental housing project, whereby the owner shall be obligated to make annual tax and in-lieu-of- tax payments to the City of Rochester equal in total to at least 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. This ordinance shall take effect immediately.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-29 Re: Housing Opportunities for Persons With AIDS Program R2010: Campaign 3 - Health, Safety, and Responsibility Transmitted herewith for your approval is legislation relating to the Housing Opportunities for Persons With AIDS (HOPWA) Program. This legislation will: 1. Authorize an application and agreement with the U.S. Department of Housing and Urban Development for receipt of a grant of $566,000; 2. Authorize agreements with the following organizations for housing assistance services: Organization AIDS Rochester, Inc. Catholic Charities, Inc. The Health Association, Inc.

Amount $297,568 191,608 59,844

3. Appropriate $16,980 to finance administrative expenses. The cost of the agreements will be funded from the HOPWA allocation included in the 2002-03 Consolidated Community Development Action Plan. The HOPWA program was established in 1990. It is intended to provide “...states, localities and nonprofit organizations with resources and incentives for meeting the housing needs of persons with AIDS and related diseases.” Prior to 1998-99, AIDS Rochester, Catholic Charities and The Health Association received HOPWA funds through a competitive grant application process. Since 1998-99, funds have been allocated to the City as part of the consolidated entitlement program. In 1999, a review of the housing needs and available housing services for people with AIDS was conducted by the University of Rochester. This review involved interviews with representatives of the organizations that had received HOPWA funds in the past and other agencies that serve people with AIDS. The review resulted in the recommendation that the annual grants to the aforementioned organizations be continued. Agreements for the 2002-03 allocations were authorized by the City Council on February 12, 2002. Under the proposed agreements, these three organizations will continue to provide long term rental subsidies, emergency rental and utility assistance, and transportation. It is expected that the following number of households will be assisted: Number of Organization Households AIDS Rochester Catholic Charities The Health Association

106 67 10

A copy of the 1999 report of the University of Rochester is available for review in the Office of the City Clerk. Detailed descriptions of the programs

Page 26

TUESDAY, FEBRUARY 11, 2003

of the aforementioned organizations are included in the report. The Cityʼs 2002-03 HOPWA allocation is $30,000 more than its 2001-2002 allocation. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-15 Ordinance No. 2003-29 (Int. No. 31) Authorizing An Application And Agreements Relating To The Housing Opportunities For Persons With AIDS 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 Housing and Urban Development for funding under the Housing Opportunities for Persons With AIDS Grant Program. Section 2. The Mayor is hereby further authorized to enter into agreements with the following organizations for services under the Housing Opportunities for Persons With AIDS Grant Program: Organization AIDS Rochester, Inc. Catholic Charities, Inc. The Health Association, Inc.

Amount $297,568 191,608 59,844

Section 3. The agreements shall obligate the City to pay an amount not to exceed $549,020, and said amount, and $16,980 to fund administrative expenses, or so much thereof as may be necessary, is hereby appropriated from Housing Opportunities for Persons With AIDS Grant Funds. Section 4. The application and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-30 Re: PILOT Agreement - Cedarwood Towers R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Cedarwood Towers Apartments. This legislation will: 1. Grant a new tax exemption for the property located at 2052 East Main Street for a maximum period of 30 years; and 2. Authorize an agreement for payments in lieu of taxes with the owner of the property for the period of the exemption.

Cedarwood Towers is a 206-unit affordable housing project for the elderly and disabled at 2052 East Main Street that was developed by the New York State Urban Development Corporation in 1973. The project received a tax exemption and PILOT at that time. The 30-year old project is now in the process of being sold to the Related Companies, L.P., of New York City, which was selected through a competitive bid process by the current owner. The project is in need of modernization and the new owner will undertake $1.5 million in renovations. The rehabilitation will include new roofs, new kitchens and appliances, new bathrooms and fixtures, carpeting, and added security measures. The total cost of acquisition and renovation is approximately $12.5 million. The buyer will finance the project through the New York State Housing Finance Agency, utilizing a combination of tax-exempt bonds and low-income housing tax credits. The buyer intends to maintain the current affordable nature of the property, with tenant incomes limited to 60% of the area median income. The project has an allocation of 200 Section 8 housing assistance certificates which limit a tenantʼs out of pocket rent cost to 30% of his or her income. The property will be purchased and renovated without impacting the tenantsʼ rent payments. No current tenants will be involuntarily displaced. The requested PILOT would replace the existing agreement which requires an annual payment in lieu of taxes equal to 10% of shelter rents. The proposed PILOT would establish a payment of either 12% of shelter rents or a 4% increase above the prior yearʼs payment, whichever is greater, for each of the first 15 years of the agreement, with an increase to 15% of shelter rents from years 16 through the expiration of the agreement. In addition, a lump sum payment of $100,000 will be made to the City upon completion of the renovations. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-30 (Int. No. 32, As Amended) Approving A Property Tax Exemption And In-Lieu-Of-Tax Agreement For The Cedarwood Towers BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 577 of the New York Private Housing Finance Law, the Council authorizes an exemption from real property taxes, for a period not to exceed [30] 40 years, for the real property of the Cedarwood Towers, identified as 2052 East Main Street, SBL #107.73-1-78, provided such property is acquired and owned by a housing development fund company to be formed by The Related Companies, L.P. under Article XI of the New York Private Housing Finance Law, and provided that payments in lieu of taxes are made as follows. Annual payments in lieu of taxes shall initially be equal to 12% of annual “shelter rent”, defined as gross rents less utility costs, or 4% higher than the previous yearʼs PILOT payment, whichever is greater. Beginning in year 16 of the Agreement, annual payments in lieu of taxes shall be equal to 15% of annual “shelter rent”, and annual payments in lieu of taxes shall increase to 16% of annual “shelter rent” beginning in year 31. In addition,

Page 27

TUESDAY, FEBRUARY 11, 2003 a lump-sum payment of $100,000 shall be made to the City [after completion of the rehabilitation of the project] upon transfer of title to the housing development fund company. Section 2. The Mayor is authorized to enter into an agreement with the housing development fund company incorporating these terms. 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. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-31 Re: Use of Bond Funds - East End Development Project R2010: Campaign 9 -Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation that will authorize the use of bond funds adopted to fund the acquisition of 80-100 Charlotte Street to be used as well to fund the acquisition of 26-42 Charlotte Street as part of the East End Development Project. The legislation will amend Bond Ordinance No. 2002266, relating to the acquisition of 80-100 Charlotte Street and Bond Ordinance No. 99-117, relating to the acquisition of 26-42 Charlotte Street, to allow the bond funds to be used for both acquisitions. This exchange of funds is required as a result of an arbitration award that increased the acquisition amount of 26-42 Charlotte Street by $93,448. The availability of bond funds from the acquisition of 80-100 Charlotte Street was made possible by the identification of other funding sources for environmental remediation on that parcel. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-16 Ordinance No. 2003-31 (Int. No. 33)

adopted on August 23, 2002, the City authorized expenditure of an amount not to exceed $790,000 ($413,000 of which was to be bonded by the City) for purposes of acquiring, demolishing and remediating property located at 80-100 Charlotte Street in the City as a portion of the Project. Section 3. The period of probable usefulness for each such portion of the Project, according to Section 11.00 a. 21 of the State Local Finance Law, is thirty (30) years. Section 4. In order to accommodate certain cost savings relative to Ordinance No. 2002-266 and certain unanticipated additional costs relative to Ordinance No. 99-117, the City hereby amends Ordinances No. 99-117 and 2002-266 by consolidating the respective undertakings, the estimated maximum costs and the respective plans of financing for each, including issuance of $413,000 of the Cityʼs bonds to pay Project costs. No additional indebtedness is authorized by the terms hereof and no additional actions or undertakings are authorized pursuant to the provisions hereof. Each Ordinance was adopted in furtherance of undertaking a phased segment or portion of a single project being developed by the City. Section 5. Provisions of the respective Ordinances not specifically amended by the terms hereof are hereby ratified and confirmed. Section 6. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-32 Re: Agreement - Media Outreach Campaign R2010: Campaign 9 - Tourism Destination Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Saphar & Associates, Inc., 185 Gibbs Street, for completion of a media outreach campaign. The maximum cost of this agreement is $7,700, which will be financed from the 2002-03 budget for Undistributed Expense.

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

In May 2000, the City began a pilot campaign to enhance the visibility of Rochester in the national media. This campaign involves the preparation and dissemination of news releases, written articles and essays and “pitch” letters to national newspapers, magazines and wire services. Saphar & Associates was retained to provide these services at a cost of $10,000. On March 20, 2001, City Council authorized an additional $20,000 to expand and continue the initiative.

Section 1. By Ordinance No. 99-117, duly adopted on April 15, 1999, the City of Rochester, New York (the “City”) authorized expenditure of an amount not to exceed $150,000 to acquire 26, 28, 32-34, 36 and 42 Charlotte Street in the City as a portion of the Cityʼs East End Development Project (the “Project”).

As a result of this campaign, articles about Rochester have been published in such magazines as Inc. and Newsday, and such newspapers as The Wall Street Journal and Tallahassee Democrat. Reports about Rochester also have been broadcast on National Public Radio.

Bond Ordinance Of The City Of Rochester, New York Amending And Consolidating Prior Authorizations In Furtherance Of The Cityʼs East End Development Project

Section 2. By Ordinance No. 2002-266, duly

Respectfully submitted,

Page 28

TUESDAY, FEBRUARY 11, 2003

William A. Johnson, Jr. Mayor Ordinance No. 2003-32 (Int. No. 34) Establishing $7,700 As Maximum Compensation For An Amendatory Professional Services Agreement For A Media Outreach Campaign BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $7,700, 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 Saphar & Associates, Inc. for the completion of a media outreach campaign. Said amount shall be funded from the 2002-03 Budget for Undistributed Expense.

Emeterio Otello Damon City Campus 228 East Main St

Damon City Campus 12/31/03

Luis Aloma Hyatt Regency Rochester 125 East Main St

Hyatt

Jennifer Hessley I. Gordon Corporation 1530 First Federal Plaza

First Federal 12/31/04

Michael Steele Bennigans 120 East Main Street

Bennigans 12/31/03

12/31/03

Reappointment: Name

Section 2. This ordinance shall take effect immediately.

Affiliation Expiration

Wes Plant

Passed unanimously.

Rodney Larsen

TO THE COUNCIL: Ladies and Gentlemen:

Rosemarie Sprague ing

West Group 12/31/04 Barristerʼs Pub 12/31/04 Executive Office Build-

Resolution No. 2003-2 Re: Downtown Enhancement District Advisory Committee

Joseph Wierzbowski

R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation confirming the appointment or reappointment of nine people to the Downtown Enhancement District Advisory Committee. Establishment of the committee was specified by the local improvement assessment legislation that was approved by the City Council on May 16, 1989. The prescribed responsibilities of the committee are to “... monitor the performance of district services (and)... to review the annual budget for the district prepared by the Mayor, and to make a recommendation to the City Council with respect to that budget.” The committee consists of 13 persons representing property owners and tenants within the district. The members are intended to “...fairly represent large properties and small properties, owners and tenants, Zone 1 properties and Zone 2 properties.” The two-year terms of committee members are “staggered” to prevent expiration of all terms in any one year. The terms of six members of the Committee (two of whom have resigned) expired in December, 2002. The new terms of the six members will expire on December 31, 2004. The terms of the remaining seven members are scheduled to expire on December 31, 2003. In this group, three of the seven members have retired or left the area. The proposed legislation, therefore, also requests appointments for one year to fill the remainder of those terms. Appointment:

12/31/04 Plymouth Photo Studio 12/31/04

Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-2 (Int. No. 35) Resolution Approving Appointments And Reappointments To The Downtown Enhancement District Advisory Committee BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of the following persons to the Downtown Enhancement District Advisory Committee: Name

Affiliation Expiration

James Costanza Temple Building 14 Franklin Street

Temple Building 12/31/04

Emeterio Otello Damon City Campus 228 East Main St Luis Aloma Hyatt Regency Rochester 125 East Main St

Damon City Campus 12/31/03

Jennifer Hessley I. Gordon Corporation 1530 First Federal Plaza

First Federal 12/31/04 Bennigans 12/31/03

Hyatt

12/31/03

Name

Affiliation Expiration

Michael Steele Bennigans 120 East Main Street

James Costanza Temple Building 14 Franklin Street

Temple Building 12/31/04

Section 2. The Council hereby approves the reappointment of the following persons to the Downtown Enhancement District Advisory Committee:

Page 29

TUESDAY, FEBRUARY 11, 2003 Name

Affiliation Expiration

Wes Plant

West Group 12/31/04 Barristerʼs Pub 12/31/04 Executive Office Build-

Rodney Larsen Rosemarie Sprague ing Joseph Wierzbowski

12/31/04 Plymouth Photo Studio 12/31/04

Section 3. This resolution shall take effect immediately. Adopted unanimously.

proposal addressed and demonstrated additional enhancements in the proposed operation of the garages and the annual financial return to the City. Under the agreement, Allright New York Parking, Inc., will provide full-time managers and all other personnel required for operation of the three garages, including cashiers, security guards and maintenance staff. It will also be responsible for the costs of materials and supplies, maintaining service agreements on major equipment, insurance, and a performance bond for the three garages. The City will be responsible for paying all utility costs, Pure Waters capital charges / assessments, Downtown Enhancement District charges, Downtown Guides charges, and reimbursement of elevator services. The agreement will have an initial term of two years with provision for two additional one-year terms.

TO THE COUNCIL: Ladies and Gentlemen:

Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2003-33 Re: Agreement - Municipal Parking Garages

Ordinance No. 2003-33 (Int. No. 36)

R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing an agreement with Allright New York Parking, Inc., 36 West Main Street, for the operation of the Court Street, Genesee Crossroads, and Sister Cities parking garages. The Court Street Garage contains 1,018 spaces, the Genesee Crossroads Garage contains 611 spaces, and the Sister Cities Garage contains 1,001 spaces and all three garages are currently operated by Allright New York Parking, Inc. The Court Street Garage and Sister Cities Garage agreements were authorized by the City Council on February 17, 1998, and the Genesee Crossroads Garage agreement was authorized by the City Council on January 19, 1999. The three garage agreements will expire on February 28, 2003. To prepare for operation of the three garages after that date, the Economic Development Department solicited proposals from twenty organizations. Proposals from the following companies were received with annual remittances of net revenue as follows:

Authorizing Extension Of Agreements For Operation Of The Sister Cities And Court Street Parking Garages BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into extensions of the agreements with Allright New York Parking, Inc. for the operation of the Sister Cities and Court Street Parking Garages for terms not to exceed ninety days, upon the same terms and conditions as contained in the current agreements. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentleman: Ordinance No. 2003-34 Re: Agreement with Town of Gates Plan Review and Inspection Services R2010: Campaign 5 - Regional Partnerships

Estimated Percentage Net Revenue Current Net Revenue:

45%

$1,168,698

Proposed Net Revenue: Allright Parking Inc. Ralph Parking Company Pro Park, LLC MAPCO Auto Parks Ltd. Parkway Corporation AMPCO System Parking

53.35% 51.71 47.47 40.80 31.685 30.01

$1,499,000 1,377,600 1,359,500 1,206,700 740,000 803,100

The RFP required that operators indicate additional enhancements in the areas of customer service, security coverage and quality maintenance assurance program. The review criteria involved how well the

Transmitted herewith for your approval is legislation authorizing an agreement with the Town of Gates for the City to provide certain building plan review, zoning review and inspection services. Annually, the Town of Gates issues approximately 150 permits for building and plumbing improvements. At present, one person is assigned the responsibility for reviewing the related plans and conducting the required inspections. Under the proposed agreement, the City will perform the following services: 1. Review the plans submitted for building and zoning code compliance with all applications for building and plumbing permits. 2. Provide a written report on the results of all reviews, to permit the Town to determine if a permit should be issued.

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TUESDAY, FEBRUARY 11, 2003

3. For all projects for which permits are issued, perform the related inspections to ensure compliance with the provisions of the applicable building and zoning codes and regulations and the terms and conditions of the permits. 4. Based on these inspections, recommend to the Town whether certificates of occupancy or letters of completion should be issued.

Transmitted herewith for your approval is legislation related to the Cityʼs lead-based paint hazard reduction efforts. This legislation will: 1. Reappropriate $300,000 in 2001 HOME Program funds to be used in financing lead hazard reduction activities through the HOME Rochester Program;

5. Attend and provide technical support at the monthly Zoning Board of Appeals meetings.

2. Reappropriate $387,000 in 2001-02 CDBG funds to be used through the Cityʼs new Lead Hazard Reduction Program;

The plan review services will not include sign, fence or electrical permits. The inspection services will not include electrical work.

3. Amend the 2001-2002 Community Development Program to establish the Lead Hazard Reduction and HOME Rochester programs as eligible activities;

Charges to the Town of Gates will be billed at $36.00 per hour; bills will be sent monthly. It is estimated that the average service level to the Town will be approximately 20 hours per week. The agreement will have an initial term of six months. At the option of the Town of Gates, it may be renewed for an additional one-year period. Upon such renewal, the required hourly charges will be adjusted by an amount equivalent to any increase in the annual compensation rate for non-uniformed employees of the City. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-34 (Int. No. 52) Authorizing An Agreement With The Town Of Gates For Building Inspection 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 Town of Gates to provide plan review and building/plumbing inspection services. The agreement shall have an initial term not to exceed six months, and may contain a oneyear renewal option. The agreement shall obligate the Town of Gates to pay the City at the hourly rate of $36. for such services. During any renewal term, the payment rates shall increase by the percentage of compensation increase granted to the Cityʼs full-time non-uniformed employees for that renewal term. 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. 2003-35 Re: Lead-Based Paint Hazard Reduction R2010: Campaign 4 - Environmental Stewardship Campaign 9 - Healthy Urban Neighborhoods

4. Authorize an agreement with the Housing Council in the Monroe County Area, Inc. at a maximum cost of $30,000 to be funded from the CDBG reappropriation; and 5. Authorize any agreements necessary to implement these program efforts. On January 11, 2002 new regulations became effective which govern the use of federal housing funds when disturbing lead-based paint. These regulations are designed to control or eliminate lead hazards and they will have an impact on each of the Cityʼs housing programs, particularly those involving rehabilitation. The cost of undertaking renovations has increased because of these requirements. Rehabilitation projects are now subject to a series of testing regimens (risk assessments and clearance tests), and work must be performed in a lead-safe manner. Increased costs reflect the need for worker training and supervision, as well as for insurance costs and laboratory analysis. The Cityʼs decision to establish a Lead Hazard Reduction Program on October 15, 2002 was an acknowledgment that childhood lead exposure remains a pervasive problem, with housing that is in poor condition serving as a primary exposure route. The program is designed to address those components of the home that present the greatest likelihood of posing lead hazards. This targeted approach is fundamentally different than the traditional housing rehabilitation program designs of the past. The Rehab Rochester Program provides grants to income eligible (
Page 31

TUESDAY, FEBRUARY 11, 2003 HOME Rochester is the program utilized to acquire and rehabilitate vacant houses for resale to owner-occupants. The system to carry out HOME Rochester was significantly revamped in 2001 with the formation of the Rochester Housing Development Fund Corporation (RHDFC). The revised system was designed to address a much higher volume of such properties than had previously been possible, utilizing houses acquired through the HUD Asset Control Area Partnership (ACAP) program as the primary supply. The RHDFC efforts have proven successful and the twelve participating CHDOʼs and CDCʼs are demonstrating adequate capacity to achieve the program goals of addressing up to 120 vacant houses. Since HOME Rochester houses are substantially rehabilitated, lead hazard reduction and abatement are significant cost items. With increased production and the costs associated with controlling lead hazards, the available City subsidy sources have largely been consumed. The Greater Rochester Housing Partnership and RHDFC, working in collaboration with HPD, have been successful in securing other sources of funding, specifically from the NYS Affordable Housing Corporation ($1,000,000) and from NYS DHCR ($580,000). These funds require a local match and it is proposed that $300,000 in City HOME funds be made available for this purpose. Recognizing that the Lead Hazard Reduction Program will become a primary means of delivering housing rehabilitation funds over the next several years, it is proposed that $387,000 in CDBG funds be reprogrammed for use through that program. The proposed agreement with the Housing Council would enlist that agency in Lead Hazard Reduction Program outreach efforts and in conducting safe work practice and property maintenance training for program participants. This is viewed as a natural extension of the landlord training program currently operated by the Housing Council. A public hearing is required.

the amount authorized and appropriated from 2001 HOME Program funds by the sum of $300,000, and reducing the amount authorized and appropriated in Section 2 from the Improving the Housing Stock and General Property Conditions Allocation of the 200102 Community Development Program by the sum of $387,000. Section 2. There is hereby appropriated from 2001 HOME Program funds the sum of $300,000, or so much thereof as may be necessary, to fund lead hazard reduction through the HOME Rochester Program. Section 3. There is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 Community Development Program the sum of $387,000, or so much thereof as may be necessary, to fund the Lead Hazard Reduction Program. Section 4. The Mayor is hereby authorized to enter into an agreement with the Housing Council in the Monroe County Area, Inc. for the Lead Hazard Reduction Program. The agreement shall obligate the City to pay an amount not to exceed $30,000, and said amount, or so much thereof as may be necessary, shall be funded from the appropriation made in Section 3 hereof. Section 5. The Mayor is hereby authorized to enter into such further agreements as may be necessary to implement the Lead Hazard Reduction Program. Section 6. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 7. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-35 (Int. No. 37) Authorizing Amendatory Community Development Program Plans, Appropriating Funds And Authorizing Agreements For The Lead Hazard Reduction Program And Amending Ordinance No. 2001-348 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 $300,000 in 2001 HOME Program Funds shall be transferred from the Rehab Rochester Program Account to a new account for lead hazard reduction through the HOME Rochester Program, and whereby within the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 Community Development Program the sum of $387,000 shall be transferred from the Rehab Rochester Program Account to a new account for the Lead Hazard Reduction Program. Ordinance No. 2001-348, relating to the Rehab Rochester Program, is hereby amended by changing the year of the HOME Program funds authorized and appropriated in Section 1 from year 2000 to year 2001, reducing

Ordinance No. 2003-36 Re: Senior Housing Project St. Maryʼs Campus R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the development of an affordable rental project for senior citizens by Unity Health System at the former St. Maryʼs Hospital campus. This legislation will: 1. Amend the 2002-03 Community Development Program in order to receive and appropriate additional program income in the amount of $500,000; 2. Authorize a maximum loan of $500,000 from that appropriation to Unity Housing Development Fund Company, Inc. or Unity Housing Associates, L.P., or another limited partnership or HDFC to be formed for the purpose of developing the project, to partially finance the project; and 3. Authorize adjustment of the interest rate and other terms and conditions of the loan, if necessary, in order to conform to legal requirements for tax credits and for the project.

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TUESDAY, FEBRUARY 11, 2003

Unity Health System proposes to convert the former Professional Office Building (POB) at their Genesee Street campus (formerly St. Maryʼs Hospital) into 33 units of supportive housing for the elderly. The project has a cost of $3.2 million. This project will complete the redefinition of the former hospital campus into a specialty care facility, with community and aging services. Unity has worked over the past decade to convert the underutilized hospital property into a continuum of care facility, with a goal of providing long-term care and related services to residents, neighbors, and patients. The POB is a three-story masonry structure originally designed for physiciansʼ offices and other related medical uses. The proposed project will provide 30 one-bedroom and 3 two-bedroom apartments for seniors and frail elderly. The rents will be affordable to households with incomes at or below 39% of the area median income. Parking for residents and visitors will be provided in the existing parking garage, which is directly connected on the second floor. The parking garage will be improved and updated in conjunction with this housing project, but as a separate capital project financed by Unity. Required zoning approvals have been granted for both projects. The POB is also connected to a wing of the former hospital and the residents will have access to the cafeteria for meals, as well as adult day care and other social services. A long-term care facility is located on the second floor of the former hospital, providing options for the residents as they age and become more frail. The project has a projected cost of $3,203,484 with the following uses and sources of financing: Uses: Acquisition Soft costs Construction Contingency Developer fee Working capital Operating reserve Total

$ 225,000 348,390 2,105,000 66,000 380,000 47,850 31,244 $3,203,484

Sources: NYS HOME City CDBG Tax credit & developer equity Total

$ 793,000 500,000 1,910,484 $3,203,484

It is proposed that the Cityʼs funding be provided as part of the permanent financing in the form of a 1% loan with a 30-year term. Unity is also seeking an exemption from property taxes and an agreement for payments in lieu of taxes (PILOT). However, the POB must be subdivided from the main campus before such a request can be considered. Such legislation will be introduced at a later date. A public hearing is required.

(Int. No. 38) Amending The 2002-03 Community Development Program Plan And Approving A Loan Agreement For The Unity Health System Senior Housing Project At Their Genesee Street Campus BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendment to the 2002-03 Community Development Program Plan whereby the sum of $500,000 shall be added to the Improving the Housing Stock and General Property Conditions Allocation for a loan for the development of rental units as a part of the Unity Health System Senior Housing Project at their Genesee Street Campus. Section 2. The Mayor is hereby authorized to enter into a loan agreement with Unity Housing Development Fund Company, Inc., Unity Housing Associates, L.P., or a limited partnership or housing development fund company formed for the purpose of developing the project, whereby the City shall provide an amount not to exceed $500,000 to partially finance the costs of the development of rental units as a part of the Unity Health System Senior Housing Project at their Genesee Street Campus. The funding shall be provided as a 30 year loan at an interest rate of 1%, provided that the Mayor is authorized to adjust the interest rate and other terms and conditions of the loan agreement if required in order to conform to legal requirements for tax credits and for the Project. Section 3. 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 Allocation of the 2002-03 Community Development Program. Section 4. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Griswold February 11, 2003 To the Council: The Public Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 39 - Authorizing An Agreement For The 14621 Community Technology Center Project Int. No. 40 - Authorizing Agreements For The Adolescent Pregnancy Prevention Services Program Int. No. 41 - Establishing $30,000 As Maximum Annual Compensation For A Professional Services Agreement For The Employee Assistance Program

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-17 Ordinance No. 2003-36

Respectfully submitted, Nancy K. Griswold Tim O. Mains Tony M. Thompson Gladys Santiago

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TUESDAY, FEBRUARY 11, 2003 PUBLIC SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-37 Re: Agreement - Human Services Project

and Responsibility Transmitted herewith for your approval is legislation relating to the Adolescent Pregnancy Prevention Services Program. This legislation will: 1. Authorize agreements with: a. New York State Office of Children and Family Services for the receipt of a grant of $319,700;

R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing an agreement with the following organization for a Human Services project: Organization: Group 14621 Community Association Project: 14621 Community Technology Center Amount: $60,000 The above project is considered a Project with Matching Funds and is eligible for up to five years of funding under the Human Services funding guidelines approved by City Council in June 1981. The proposed agreement represents the second year of CDBG funding. The cost of this agreement will be financed from the General Community Needs allocation of the 2002-03 Community Development Block Grant. The project description and budget are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-18

b. The following agencies that comprise the CONECTS consortium: Charles Settlement House, Inc. Junior Achievement Society for the Protection and Care of Children Urban League of Rochester, Inc. YWCA of Rochester and Monroe County

$ 34,480 2,800

Total

$232,280

60,000 75,000 60,000

2. Appropriate the grant funds to finance the cost of the agreements and the costs associated with administration of the grant. The CONECTS program, which was initiated in 1984, involves a consortium of the above agencies. The Metro Council on Teen Potential provides program coordination and direction to the consortium, while the City serves as the lead agency. CONECTS is designed to reduce the rate of initial and repeat teen pregnancies and to provide various services to pregnant or parenting teenagers. A summary of these services is included in the attached project description.

Ordinance No. 2003-37 (Int. No. 39)

The Metro Council on Teen Potential and the NYS OCFS reserves the right to allocate funds between subcontractors as needed during the contract year.

Authorizing An Agreement For The 14621 Community Technology Center Project

The City will retain $87,420 from the State for administrative costs.

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

Respectfully submitted William A. Johnson, Jr. Mayor

Section 1. The Mayor is hereby authorized to enter into an agreement with the Group 14621 Community Association, Inc. for the 14621 Community Technology Center Project. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $60,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2002-03 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 unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-38 Re: Agreements - CONECTS Program R2010: Campaign 3 - Health, Safety,

Attachment No. AC-19 Ordinance No. 2003-38 (Int. No. 40) Authorizing Agreements For The Adolescent Pregnancy Prevention Services 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 New York State Office of Children and Family Services for the receipt and use of funding for the operation of the Adolescent Pregnancy Prevention Services Grant Program. Section 2. The Mayor is hereby authorized to enter into agreements with the following organizations in amounts not to exceed the following for services under the New York State Adolescent Pregnancy Prevention Services Grant Program: Organization

Amount

Charles Settlement House, Inc.

$34,480

Page 34 Junior Achievement Society for the Care & Protection of Children Urban League of Rochester, Inc. YWCA of Rochester & Monroe County

TUESDAY, FEBRUARY 11, 2003 2,800 60,000 75,000 60,000

Section 3. The agreements shall obligate the City to pay an amount not to exceed $232,280. The sum of $319,700, or so much thereof as may be necessary, is hereby appropriated from the funds to be received from the New York State Office of Children and Family Services to fund the agreements and the cost of administration. Section 4. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately.

Under the proposed agreement, which will extend retroactively to January 1, 2003, the Health Association will continue to provide counseling and referral services to eligible employees, as appropriate, and to conduct training programs for City supervisory personnel, as required. The fee for these services will be the same as the present fee, $13.50 per employee, during the first year of the agreement, $13.75 per employee during the second year and $14.00 per employee the third year. At present 1,800 employees are eligible for participation in the program. In addition, in each year, $3,000 will be allocated for 30 hours of wellness training. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-20

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-39 Re: Employee Assistance Program R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation authorizing an agreement with the Health Association of Rochester and Monroe County, Inc., One Mt. Hope Avenue, for continuation of the Employee Assistance Program (EAP). The maximum annual cost of the agreement will be $30,000, which will be funded from the 2002-03 and future budgets for Undistributed Expense. The program, which was initiated in 1978, is designed to provide professional assistance to employees whose job performance is affected by causes such as legal, financial and marital difficulties, or illnesses such as emotional instability, alcoholism and drug addiction. All City employees and their families except uniformed police and fire personnel, for whom there are separate programs, are eligible to participate. The Health Association has operated the Cityʼs EAP since its inception. The most recent agreement for such service was authorized by City Council on June 18, 2002. During 2001-02, the program served 270 clients, which included new cases and follow-up/assessment of existing cases. In addition, 521 City employees received training conducted by Health Association staff. Proposals for the provision of EAP Services were solicited from seven organizations. Four proposals were received. These proposals were evaluated by a committee consisting of representatives from the Bureau of Human Resource Management, Department of Environmental Services, Law Department, Rochester Public Library and Emergency Communications Department. Upon review of submitted proposals the committee interviewed two providers, the Health Association and the Employee Assistance Program of Rochester. Subsequently, the committee recommended the Health Association as best meeting the criteria outlined in the Request for Proposal. The agreement will have an initial term of three years with an option to renew for two additional one-year periods.

Ordinance No. 2003-39 (Int. No. 41) Establishing $30,000 As Maximum Annual Compensation For A Professional Services Agreement For The Employee Assistance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $30,000, 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 the Health Association of Rochester and Monroe County, Inc. for the continuation of the Employee Assistance Program for a term of three years, with an option to renew for two additional one-year periods. Said amount shall be funded from the 2002-03 and subsequent Budgets for Undistributed Expense, contingent upon the adoption of future budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously. To the Council:

By Councilmember Stevenson February 11, 2003

The Parks, Public Works & The Environment Committee recommends for adoption the following entitled legislation: Int. No. 48 - Authorizing Agreements And Appropriating Funds For The Port Of Rochester Public Improvements Project And Amending Ordinance No. 2002-395, As Amended Int. No. 49 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of Not To Exceed $1,100,000 Principal Amount Bonds Of Said City To Finance A Portion Of The Costs Of Certain Pier And Shoreline Improvements Within The Port Of Rochester Public Improvements Project The Parks, Public Works & The Environment Committee recommends for Consideration the following entitled legislation: Int. No. 42 - Local Improvement Ordinance - Care And Embellishment Of Various Neighborhood Street Malls For 2003

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TUESDAY, FEBRUARY 11, 2003 Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS & THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-40 And Ordinance No. 2003-41 Re: Port Of Rochester Improvements Fast Ferry Terminal Facilities R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation which will: 1. Authorize an amendatory agreement with LaBella Associates for additional design services to increase the maximum amount of that agreement by $160,000, from $3,575,000 to $3,735,000, which will be funded from the 1999-2000 Cash Capital allocation; 2. Authorize a new agreement with LaBella Associates for construction phase services related to selective demolition of the north warehouse and marine improvements including the reconstruction of the river wall. The maximum cost of the agreement will be $332,000, which will be financed from Federal funds and bonds; 3. Appropriate $2,981,000 in anticipated Federal Highway Administration funds (TEA-21) for construction of the fast ferry terminal facilities; and 4. Authorize issuance of $1,100,000 in bonds and appropriate the proceeds thereof to finance a portion of the construction cost of ferry terminal facilities. As you are aware, construction of the fast ferry terminal facilities includes renovation of the north warehouse, improvements to the river wall to provide vessel berthing, and construction of site improvements required for vehicular embarkation and debarkation and for the United States border patrol inspection facilities. The public improvements will also provide utility and building systems connections and services to future commercial space, which will be developed by Canadian American Transportation Systems for retail shops, restaurant/cafes, and other amenities appropriate to a transportation terminal. The proposed amendatory agreement with LaBella Associates will provide for additional final design services, which include preparation of bid packages, building expansion, telephone-data systems, security systems, pre-construction estimating, scheduling and project management services. The proposed new agreement with LaBella Associates for the provision of construction phase services relates specifically to selective demolition within the north warehouse and installation of marine and site improvements required for re-use of the structure as a fast ferry terminal and port of entry.

Bids for the reconstruction of the river wall were received on January 21, 2003. The apparent low bid for the marine improvements was submitted by Crane Hogan, Inc. in the amount of $3,144,263. An additional 19% is being allocated for contingency and elements not included in the contract. Federal

Bonds

Total

Construction $2,515,410 $ 628,853 $3,144,263 Inspection 251,540 80,460 332,000 Contingency 201,240 387,410 588,650 Admin. 12,810 3,277 16,087 Total $2,981,000 $1,100,000 $4,081,000 Construction of the river wall improvements is scheduled to begin in Spring 2003 and be completed by Fall 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-40 (Int. No. 48) Authorizing Agreements And Appropriating Funds For The Port Of Rochester Public Improvements Project And Amending Ordinance No. 2002395, As Amended BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $160,000, 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 for engineering design services related to the Port of Rochester Public Improvements 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 the 19992000 Cash Capital Allocation. Section 2. The sum of $332,000, 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 for resident project representation services related to the partial demolition of the north warehouse and the construction of marine improvements as a part of the Port of Rochester Public Improvements Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $251,540 shall be funded from the appropriation made in Section 3, and $80,460 shall be funded from a bond ordinance adopted for marine improvements. Section 3. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $2,981,000, or so much thereof as may be necessary, to fund the construction of fast ferry terminal facilities and marine improvements as a part of the Port of Rochester Public Improvements Project. Section 4. Ordinance No. 2002-395, relating to an agreement for plans for a new Water Works Operations Center, is hereby amended by changing the source of funds from the 2002-03 Cash Capital Allocation to Bond Ordinance No. 2002-396. Section 5. This ordinance shall take effect immediately.

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TUESDAY, FEBRUARY 11, 2003

Underlined material added. Passed unanimously. Ordinance No. 2003-41 (Int. No. 49) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of Not To Exceed $1,100,000 Principal Amount Bonds Of Said City To Finance A Portion Of The Costs Of Certain Pier And Shoreline Improvements Within The Port Of Rochester Public Improvements 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 the “City”), is hereby authorized to finance the costs of certain marine improvements, including rehabilitation of the river wall and the berthing pier and channel dredging and scour protection, within the Cityʼs Port of Rochester Public Improvements Project (the “Project”). The estimated maximum costs of the specific object or purpose authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $4,081,000. The plan of financing includes the issuance of not to exceed $1,100,000 principal amount of bonds of the City, and said amount is hereby appropriated therefor, together with the application of $2,981,000 in funds expected to be appropriated and received from the Federal Highway Administration, 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 not to exceed $1,100,000 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 $1,100,000. 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.7 and 22 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 the 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 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1511 Re: Care and Embellishment of Malls R2010: Campaign 1 - Involved Citizens Campaign 3 - Health, Safety and Responsibility Campaign 4 - Environmental Stewardship Campaign 7 - Quality Service Transmitted herewith for your approval is legislation

Page 37

TUESDAY, FEBRUARY 11, 2003 authorizing the care and embellishment of street malls during 2004 and appropriating the associated costs of $74,663.00 among the benefited properties. The annual care and embellishment program provides for the maintenance of 24 street malls, either by the Department of Parks, Recreation and Human Services or by neighborhood associations. Minimum standards of maintenance are established by the department and the appropriate street associations are asked whether they wish to assume responsibility for this maintenance. If an association accepts responsibility, it may augment or enhance the level of care, subject to the willingness of the property owners on the affected street to pay the additional costs. All maintenance, however, is monitored by the department. The costs of the maintenance are apportioned among the benefited properties on the basis of the specified unit charges for each area. Charges are included on the annual tax bill and are payable in July. Until these payments are received, the department advances the necessary funds to the street associations. In 2003, 13 malls were maintained by the department and 11 malls were maintained by street or neighborhood associations. The total authorized costs were $35,600.00 and $40,498.00, respectively.

Arnold Park Hazelwood Terrace Highland Parkway Hillside Avenue Huntington Park Lafayette Park Lakeview Park Nunda Boulevard Oxford Street Portsmouth Terrace Rundel Park Sibley Place

$ 4,000.00 1,760.00 1,093.00 2,880.00 2,882.00 3,760.00 3,680.00 5,996.00 9,962.00 2,000.00 3,403.00 2,447.00 $43,863.00

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 parcelʼs 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, 2003.

In 2004, the department will be responsible for the maintenance of 12 malls at a total cost of $30,800.00. Street associations will be responsible for the maintenance of 12 malls at a total cost of $43,863.00.

Section 4. The total cost of such improvements and work, estimated at $74,663.00, shall be charged as heretofore described in this ordinance and paid from the General Fund, and said sum, or so much thereof as may be necessary, is hereby appropriated for the aforesaid purpose.

Respectfully submitted, William A. Johnson, Jr. Mayor

Section 5. The work described for Group I shall be performed by or at the direction of the Bureau of Parks and Recreation.

Attachment No. AC-21 Local Improvement Ordinance No. 1511 (Int. No. 42) Local Improvement Ordinance - Care And Embellishment Of Various Neighborhood Street Malls For 2003

Section 6. It is hereby determined that it is impracticable to have the work described herein for Group II done by competitive contract. Therefore, contracts for the work described herein for Group II 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.

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

Section 7. This ordinance shall take effect immediately.

Section 1. It is hereby determined that the following improvements and work are necessary, required and shall be made:

Passed by the following vote:

a. The care and embellishment of the following streets hereinafter referred to as “Group I” during the calendar year 2003: Boulevard Parkway Burke Terrace Carthage Drive Central Park Elmwood Mall Glendale Park Knickerbocker Avenue Nye Park Raines Park Seneca Parkway Sumner Park Werner Park

$ 1,800.00 400.00 500.00 4,500.00 2,800.00 1,500.00 1,500.00 1,600.00 1,000.00 10,800.00 2,600.00 1,800.00 $30,800.00

b. The care and embellishment of the following streets hereinafter referred to as “Group II” during the calendar year 2003:

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. By Councilmember Douglas February 11, 2003 To the Council: The Finance & Public Safety Committee recommends for adoption the following entitled legislation: Int. No. 43 - 2002-03 Debt Resolution For The City School District Int. No. 44 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $17,534,642 Bonds Of Said City To Finance The Cost Of Construction And Renovation Of Various Public School Buildings Within The City

Page 38

TUESDAY, FEBRUARY 11, 2003

Int. No. 45 - Approving Wage And Salary Increases For Employees Of The Rochester Housing Authority

A copy of the Districtʼs 2002-03 CIP bond request for Long-term Facility Improvements and New Construction is attached.

Int. No. 46 - Establishing Maximum Compensation For An Amendatory Agreement For The Provision Of Prescription Medication For Injured City Firefighters

Respectfully submitted, William A. Johnson, Jr. Mayor

Int. No. 50 - Amending The 2002-03 Budget By Appropriating Forfeiture Funds For The Rochester Police Department Int. No. 51 - Approving Wage And Salary Increases For Bargaining Unit Employees Of The Rochester Housing Authority

Resolution No. 2003-3 (Int. No. 43) 2002-03 Debt Resolution For The City School District BE IT RESOLVED, by the Council of the City of Rochester as follows:

Respectfully submitted, Benjamin L. Douglas Brian F. Curran Robert J. Stevenson Lois J. Giess Gladys Santiago FINANCE & PUBLIC SAFETY COMMITTEE

WHEREAS, an important component of the City School Districtʼs expense budget and tax levy is debt service; and

Received, filed and published.

WHEREAS, control of debt service expense and the amount of outstanding debt must necessarily be exercised through restrictions on bond and note authorizations; and

TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2003-3 And Ordinance No. 2003-42 Re: Capital Improvement Program City School District R2010: Campaign 2 - Educational Excellence Transmitted herewith for your approval is legislation relating to the Capital Improvement Program of the City School District. The legislation will: 1. Establish $17,534,642 as the maximum amount of debt to be authorized on behalf of the District during 2002-03; and 2. Authorize the issuance of bonds in that amount and appropriate the proceeds thereof to finance specific improvements. At its meeting of December 19, 2002, the Board of Education approved a capital plan that details the use of these funds for improvements and maintenance of educational facilities, fixtures and equipment. The request was forwarded to the Mayor and City Council for approval of the borrowing required to implement this plan. By City Council policy, borrowing in any fiscal year may not exceed the principal on outstanding debt redeemed during that year. During 2002-03, the City School District will redeem $18,800,000 in principal. Since the requested limit is less than the principal redeemed, the request complies with the Councilʼs debt limit. During 2002, New York State permitted the restructuring of payments on existing debt made by the Rochester City School District and other districts. As a result, annual debt service payments were reduced but, as a consequence of extending the period of the loan, total debt service payments over the life of applicable bonds will increase. For 2002-03 the reduction in debt service expense for principal redemption alone is approximately $4,500,000 compared to 2001-02.

WHEREAS, the amount of debt outstanding is one of the major factors evaluated by credit agencies in the determination of bond rating; 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 2002-03 to $17,534,642, which is less than the amount of debt to be redeemed in fiscal year 2002-03; and 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. Adopted unanimously. Ordinance No. 2003-42 (Int. No. 44)

Page 39

TUESDAY, FEBRUARY 11, 2003 Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $17,534,642 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 $17,534,642, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $17,534,642 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 $17,534,642 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 $17,534,642. 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, 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. 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 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he is an employee of the affiliated agency. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-43 Re: RHA Salary Schedule R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation approving the salary and wage schedules for nonbargaining unit employees of the Rochester Housing Authority, i.e., those employees who are not repre-

Page 40

TUESDAY, FEBRUARY 11, 2003

sented by the American Federation of State, County, and Municipal Employees, Local 1635F (AFSCME). This approval is required by Section 32 of the NYS Housing Law. The adjusted schedule provides for a 2.5% increase, retroactive to July 1, 2002. This increase was approved by the Rochester Housing Authority Board of Commissioners at its regular meeting of December 18, 2002. A certified copy of the Boardʼs approving resolution is on file with the City Clerk. This increase is equal to the increase granted to the Cityʼs non-bargaining unit employees. The Rochester Housing Authority remains in negotiations with AFSCME for a successor to the labor contract that expired on June 30, 2002. City Council approval of any increase in compensation for bargaining unit members will also require approval by City Council. Respectfully submitted, William A. Johnson, Jr. Mayor

plus a dispensing fee of $2.75 for branded medications and $3.00 for generic medications. However, while on-duty injuries covered by the agreement have actually declined over the term of the agreement, the cost of prescription drugs continues to rise. In the 12 months prior to the first year of the agreement, the cost of prescription drugs was $33,000. In 1999, the costs had increased to $43,000 and in 2001 to $51,000. Costs for 2002 were $56,677 and have been $6,800 and $6,100 for the first and second months of the final year of the agreement. The current agreement will expire in November of 2003. Prior to then, the Fire Department will request proposals from qualified vendors in order to continue to provide prescription medication to injured firefighters at the most competitive rates. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-44 (Int. No. 46)

Ordinance No. 2003-43 (Int. No. 45) 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:

Establishing Maximum Compensation For An Amendatory Agreement For The Provision Of Prescription Medication For Injured City Firefighters 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 2.5% for nonbargaining unit employees of the Rochester Housing Authority, retroactive to July 1, 2002, as approved by the Board of Commissioners of the Rochester Housing Authority on December 18, 2002.

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 an amendatory agreement between the City and Wegmans Food and Pharmacy for the provision of prescription medication for injured City Firefighters. Said amount shall be funded from the 2002-03 Budget of the Rochester Fire Department.

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. 2003-44 Re: Fire Department Prescriptions

Ordinance No. 2003-45 Re: Appropriation of Forfeiture Funds

R2010: Campaign 3 - Health, Safety and Responsibility

R2010: Campaign 3 - Health, Safety and Responsibility

Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Wegmans Food and Pharmacy for the provision of prescription medication, as required, to injured firefighters. The maximum cost of the amendment is $75,000, which will be funded from the 2002-03 budget of the Fire Department.

Transmitted herewith for your approval is legislation authorizing the appropriation of $57,000 from forfeited property revenues, and amending the 2002-03 Police Department budget to reflect that amount. The balance available in the fund before this transaction was $189,204.

Wegmans has provided this service since 1983. In 1999, the City issued a Request for Proposals for these services, and on September 15, 1999, City Council authorized a two-year agreement, with provision for two additional one-year renewals. The total funds allocated for the agreement were $160,000. The proposed amendment will increase the total cost of the agreement to $235,000 in order to cover costs for the fourth year. The agreement provides for prices equal to 86% of the average wholesale price of prescription medication,

The funds will be used to purchase conducted energy weapons and related supplies for Police Department field officers. These are “less-lethal” weapons that may be used to stun or incapacitate a suspect. Studies indicate that the risk of serious injuries with conducted energy technology is lower than comparable lesslethal weapons such as batons or impact munitions (beanbag round). The equipment proposed will not replace existing lesslethal tools, but will provide an alternative to be used in appropriate situations, particularly if the suspect has not responded to traditional methods.

Page 41

TUESDAY, FEBRUARY 11, 2003 According to guidelines established by the Attorney General, forfeiture funds may not be used to supplant existing budget appropriations. The expenditures recommended herein will augment existing equipment. Previous appropriations of forfeiture funds during the current fiscal year were $100,000 to augment covert evidence purchases and overtime for drug enforcement, and $20,000 to provide an agreement with Rochester Area Crimestoppers Inc., and $6,700 for additional training for Police Department employees. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-45 (Int. No. 50) Amending The 2002-03 Budget By Appropriating Forfeiture Funds For The Rochester Police Department BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 200203 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 $57,000, which amount is hereby appropriated from funds realized from seized and forfeited assets to fund the acquisition of lesslethal weapons and related supplies for the Rochester Police Department. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-46 (Int. No. 51) Approving Wage And Salary Increases For Bargaining Unit 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 2.5% for bargaining unit employees of the Rochester Housing Authority, retroactive to July 1, 2002, as approved by the Board of Commissioners of the Rochester Housing Authority on January 29, 2003. Section 2. This ordinance shall take effect immediately. Passed unanimously. By President Giess February 11, 2003 To the Council: The Committee of the Whole recommends for adoption the following entitled legislation: Int. No. 47 - Resolution Confirming The Appointment Of The Commissioner Of Community Development

Ordinance No. 2003-46 Re: RHA Salary Schedule, Bargaining Unit

Respectfully submitted, Lois J. Giess Tim O. Mains Gladys Santiago Wade S. Norwood (Absent) Brian F. Curran Robert J. Stevenson Benjamin L. Douglas Tony M. Thompson Nancy K. Griswold COMMITTEE OF THE WHOLE

R2010: Campaign 7 - Quality Service

Received, filed and published.

Transmitted herewith for your approval is legislation approving the salary and wage schedules for bargaining unit employees of the Rochester Housing Authority, i.e., those employees who are represented by the American Federation of State, County, and Municipal Employees, Local 1635F (AFSCME). This approval is required by Section 32 of the New York State Housing Law.

TO THE COUNCIL: Ladies and Gentlemen:

The adjusted schedule provides for a 2.5% increase, retroactive to July 1, 2002. This increase was approved by the Rochester Housing Authority Board of Commissioners at its regular meeting of January 29, 2003. A copy of the Boardʼs approving resolution is on file with the City Clerk. This increase is equal to the increase negotiated for the Cityʼs AFSCME bargaining unit employees.

Transmitted herewith for your approval is legislation confirming the appointment of Linda Stango as Commissioner of Community Development. This confirmation is required by Section 3-3 (D) of the City Charter.

TO THE COUNCIL: Ladies and Gentlemen:

The Administration previously submitted legislation for the Councilʼs approval regarding the salary schedule for Rochester Housing Authorityʼs non-bargaining unit employees. Councilʼs review of this matter is scheduled for its February meeting. The increases for the bargaining unit and non-bargaining unit employees are identical.

Resolution No. 2003-4 Re: Appointment - Commissioner of Community Development R2010: Campaign 7 - Quality Service

A copy of Ms. Stangoʼs resume is attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-23 Resolution No. 2003-4 (Int. No. 47)

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TUESDAY, FEBRUARY 11, 2003 - TUESDAY, MARCH 11, 2003

Resolution Confirming The Appointment Of The Commissioner Of Community Development WHEREAS, the Mayor has appointed Linda M. Stango to the position of Commissioner of Community Development subject to confirmation by the City Council, and WHEREAS, Council has reviewed the qualifications of the appointee and determined that she has the ability and qualifications to execute the duties and responsibilities of the office. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Rochester hereby confirms the appointment of Linda M. Stango as Commissioner of Community Development. This resolution shall take effect immediately.

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: *Ronald G. Francis - Fire Department *Roxy Serusa - Department of Environmental Services *Brian G. Woods - Department of Parks, Recreation & Human Services *Will not attend meeting. APPROVAL OF THE MINUTES By Councilmember Santiago

Adopted unanimously.

RESOLVED, that the minutes of the Regular Meeting of February 11, 2003, be approved as published in the official sheets of the proceedings.

The meeting was adjourned at 8:30 P.M.

Passed unanimously.

CAROLEE A. CONKLIN City Clerk

THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES.

*****

By President Giess - Petition submitted, with over 3000 signature from citizens, for the name change of Upper Fall Blvd. Shopping Center to Mildred Johnson Shopping Center. Petition No. 1601 THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Changing The Zoning Classification Of 148-150 Boxart Street From R-1 Low Density Residential To M-1 Industrial Int. No. 57 Three speakers: John Sciarabba, Sam Murray, and Grant LePore. Authorizing Acquisitions By Condemnation For The Plymouth-Exchange Neighborhood Trail Improvements Project And Increasing An Acquisition Amount Int. No. 62 One speaker: Ed Doherty Local Improvement Ordinance - Snow Removal At The Public Market Int. No. 63 No speakers. Local Improvement Ordinance - Security At The Public Market Int. No. 64 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Int. No. 69 No speakers. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. TO THE COUNCIL: Ladies and Gentlemen: REGULAR MEETING MARCH 11, 2003

Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 9. Absent - none - 0.

Ordinance No. 2003-47 Re: Determinations & Findings - PlymouthExchange Trails R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation making the determinations and findings relating

Page 43

TUESDAY, MARCH 11, 2003 to the partial acquisition of two properties and the full acquisition of one property, by negotiation or condemnation, involved in the Plymouth-Exchange Trail Improvement Project. Such determinations and findings are required by Article 2 of the NYS Eminent Domain Procedure Law.

940 Exchange Street

121-77-01-09

1,930

Pt. of 5 Flint Street

121-77-01-10

4,804.45

A public hearing concerning the proposed acquisition was conducted this evening.

Pt. of 5 Flint Street (Temp. Easement)

121-77-01-10

2,156.42

Based upon the public hearing, the following determinations and findings are proposed: 1. Project description - that the project proposes to establish formal connections between the Genesee Riverway Trail and the adjacent Plymouth-Exchange neighborhood to the west via extensions to Flint and Violetta Streets. The connections will require the permanent acquisition of a portion of 5 Flint Street and an adjacent parcel at 940 Exchange Street, as well as the acquisition of a temporary construction easement on another portion of 5 Flint Street. 2. Project purpose - that the acquisition will permit construction of a neighborhood trail system between the residential neighborhood and the existing Genesee Riverway Trail. 3. Project effect - that the project will enable the goals of the Plymouth-Exchange Trail Improvement Project to be met. By improving access to the Trail system, it will enable the City to correct unsightly and potentially hazardous drainage problems in the area, further restrict vehicular access to the trail system, and reduce opportunities for illegal dumping along this section of the former Pennsylvania Railroad bed. If these determinations and findings are approved, the legislation authorizing the property acquisitions (Introductory 62) may be considered. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-47 (Int. No. 95) Determinations & Findings Relating To The Acquisition Of An Easement And Parcels As Part Of The Plymouth-Exchange Trail Improvement Project WHEREAS, the City of Rochester proposes to acquire two (2) properties and a temporary easement as part of the Plymouth-Exchange Trail Improvement Project, and WHEREAS, the Council of the City of Rochester held a public hearing on March 11, 2003 pursuant to Article 2 of the Eminent Domain Procedure Law to consider the acquisition of the easement and parcels, NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby makes the following determination and findings concerning the acquisition of the easement and properties as part of the PlymouthExchange Trail Improvement Project: a. Project Location: The City proposes the public acquisition of the following:

Address

SBL #

Sq. Ft.

b. Public purpose and general effect: 1. These parcels have been designated for acquisition to allow for construction of a neighborhood trail connection between the residential neighborhoods and the existing Genesee Riverway Trail as part of the Plymouth Exchange Neighborhood Trail Improvement project. The project is being implemented to further the objectives of the South River Corridor Land Use Plan and the Local Waterfront Revitalization Plan. 2. The general effects of the acquisition of these parcels on the environment and the residents of the immediate area will be beneficial. The project will improve access from the adjacent neighborhood to the Genesee Riverway and trail; enable the City to correct unsightly and potentially hazardous drainage problems in this area; further restrict vehicular access to the river trail system and it is anticipated that it will reduce or eliminate illegal dumping along this section of the former Pennsylvania railroad corridor. The project will have no significant adverse environmental effects. Section 2. This ordinance shall take effect immediately. Passed unanimously. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood March 11, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 54 - Authorizing The Sale Of Real Estate, And Amending Ordinance No. 2002-325, As Amended Int. No. 55 - Amending Ordinances Relating To The Sale Of Real Estate Int. No. 70 - Resolution Approving [An] Appointments To The Rochester Economic Development Corporation (REDCO), As Amended Int. No. 81 - Approving Amendments To The Land Use Plan Of The Cultural District To Permit New Construction And A Loan To The Developer And Rescinding Portions Of Ordinance No. 2001-115 Int. No. 82 - Resolution Authorizing The Preparation Of A District Plan For The High Falls Business Improvement District Int. No. 83 - Resolution Authorizing The Preparation Of A District Plan For The Monroe Avenue Business Improvement District

Page 44 Int. No. 84 - Authorizing An Agreement For The High Falls Facilities Int. No. 88 - Local Law Amending The City Charter With Respect To The Residential-Commercial Urban Exemption Program Int. No. 89 - Approving The Sale Of Parcels For Project Turnaround Int. No. 90 - Resolution Approving Appointments To The Board Of Trustees Of The Rochester Public Library The Housing & Economic Development Committee recommends for consideration the following entitled legislation: Int. No. 57 - Changing The Zoning Classification Of 148-150 Boxart Street From R-1 Low Density Residential To M-1 Industrial The following entitled legislation is being held in committee: Int. No. 56 - Adopting The Center City Master Plan And Amending Section 130-6 Of The Municipal Code Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Lois J. Giess Gladys Santiago HOUSING & ECONOMIC DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2003-48 And Ordinance No. 2003-49 Re: Sale of Real Estate R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of sixteen properties and the amendment of two prior ordinances. Sales The first two properties were sold at the November 14, 2002 Public Auction. The properties will be rehabilitated in accordance with their legal uses, and the purchasers will be required to complete the rehabilitation within nine months after the conditional closing. The next two properties are vacant lots that were sold at the November 14, 2002 Public Auction, subject to the acceptance of a proposal. The property at 515 Hudson Avenue will be developed as a parking lot to be used in conjunction with the purchaserʼs adjoining commercial use. The property at 55 Walnut Street will be fenced and landscaped and combined with the purchaserʼs adjoining property. The next three properties are structures that are being sold to the former owners. The purchase prices include all delinquent City taxes, interest and

TUESDAY, MARCH 11, 2003 penalties. The next six properties are vacant lots that are being sold to Urban League of Rochester Economic Development Corporation. The parcels will accommodate the construction of single family homes that will subsequently be sold to owner occupants whose incomes do not exceed 80% of the median income for the area. The last three properties are unbuildable vacant lots that are being sold to the adjoining owners for $1.00. The parcels are considered unbuildable due to their size. Amendments On October 15, 2002, Council authorized the sale of 306 Parsells Avenue to Frank Town for the sum of $50. The purchaser has requested that the ordinance be amended to authorize the sale to both Frank Town and Marjorie J. Gnass. On September 17, 2002 City Council authorized the inclusion of the vacant lot located at 45-51 Webster Avenue in Home Expo 2002. This proposed amendment will also authorize the vacant lot located at 37-51 Webster Avenue to be included in Home Expo 2002. 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 this 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. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-24 Ordinance No. 2003-48 (Int. No. 54, As Amended) Authorizing The Sale Of Real Estate And Amending Ordinance No. 2002-325 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 improved property by regular auction: Address S.B.L.#

Legal Use Purchaser

102 Woodward St 106.66-2-48

1 Family $5,500 [Bruce Weber] Wilhemenia Edwards 2 Family 5,000 [Wilhemenia Edwards] Bruce Weber

24 Wright Ter 106.43-1-44

Price

Section 2. The Council further approves the sale of the following parcels of vacant land with proposal by regular auction:

Address S.B.L.#

Purchaser Price

Page 45

TUESDAY, MARCH 11, 2003 515 Hudson Av 106.41-1-9 55 Walnut St 105.83-3-7

Ahmed Hussein $1,000 Mohsen S. Mansour 50

Section 3. The Council further approves the sale of the following parcels of improved property to the former owners: Address S.B.L.#

Purchaser Price

78 Baycliff Dr 107.37-2-40 101 Garson Av 106.67-2-11 16-16.5 Gladys St 106.21-2-20

Dorothy Bumphis $ 5,960 Nathan Harris, Jr. 8,439 Benjamin [Harris] Ortiz [10,753.90] 10,755.90

Section 4. The Council further approves the negotiated sale of the following parcels of vacant land with proposal: Address Purchaser S.B.L.#

Price

134 Fulton Av

Urban League of Rochester/ Economic Development Corporation* 105.43-2-41 $475 143 Fulton Av Urban League of Rochester/EDC* 105.43-2-21 475 172 Fulton Av Urban League of Rochester/EDC* 105.35-3-25 450 182 Fulton Av Urban League of Rochester/EDC* 105.35-3-29 475 238 Fulton Av Urban League of Rochester/EDC* 105.27-2-37 500 37 Phelps Av Urban League of Rochester/EDC* 105.51-2-12 600 * Officers: William G. Clark, Carolyn Vitale, Oscar Holloway, Jr.

Capital Allocation. Section 8. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. Ordinance No. 2003-49 (Int. No. 55) Amending Ordinances Relating To The Sale Of Real Estate BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-314, relating to the sale of real estate, as amended, is hereby further amended by changing the names of the purchasers of 306 Parsells Avenue, as approved in Section 2 thereof, from Frank Town to Frank Town & Marjorie J. Gnass. Section 2. Ordinance No. 2002-288, relating to the sale of real estate as a part of the Home Expo Program, as amended, is hereby further amended by authorizing the sale of 37-51 Webster Avenue as a part of the Program instead of 45-51 Webster Avenue. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2003-5 Re: Appointment - REDCO R2010: Campaign 6 - Economic Vitality

Section 5. The Council further approves the negotiated sale of the following parcels of unbuildable vacant land for the sum of $1.00:

Transmitted herewith for your approval is legislation confirming the appointment of one person as a member of the Rochester Economic Development Corporation.

Address S.B.L.#

Under its by-laws, REDCO has 25 members. Of this number, the following five officials are ex-officio members:

Purchaser Sq. Ft.

84 Iceland Pk Henry Noble 120.67-2-51 279± 304-306 Jefferson Av Northeastern Conference 7th Day Adventist* 120.52-1-3 2,000 286 Wilkins St Pearlie M. Clay 106.24-1-67 3,780

Mayor City Council President Commissioner of Economic Development Assistant Commissioner of Economic Development Director of Finance

* Officers: Marcei Wip, James Duberry, Lawrence C. Moore

The appointments of 20 other members were confirmed by the City Council on June 18, 2002.

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.

There currently is one vacancy. Mr. Paul Wilkins, 89 East Avenue, will be appointed to fill this vacancy. A copy of his resume is on file in the City Clerkʼs Office.

Section 7. The acquisition cost for 132 Fulton Avenue as authorized in Ordinance No. 2002-325 is hereby increased from $17,500 to $21,000, which increase shall also be funded from the 2001-02 Cash

Respectfully submitted, William A. Johnson, Jr. Mayor

The term of Mr. Wilkins will extend through June 30, 2004.

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TUESDAY, MARCH 11, 2003 Resolution No. 2003-5 (Int. No. 70, As Amended)

Resolution Approving [An] Appointments To The Rochester Economic Development Corporation (REDCO) BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of Paul Wilkins, 89 East Avenue, as a member of the Rochester Economic Development Corporation for a term which shall expire on June 30, 2004. The Council hereby further approves the appointment of Councilmember Wade Norwood as a member of the Rochester Economic Development Corporation for a term which shall expire on June 30, 2004. Section 2. This resolution shall take effect immediately. Bracketed material deleted; underlined material added. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-50 Re: Cultural District R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to the Cultural District. The legislation will: 1. Rescind the amendment of the Land Use Plan for the Cultural Center Project that was previously approved by Ordinance No. 2001-115 and approve an amendment allowing Block L (130 East Avenue) to be developed for mixed-use market rate residential, commercial and retail; and 2. Authorize the Cultural Center Commission to loan up to $1,500,000 from the East End Garage Reserve Fund for development of 130 East Avenue. The original Land Use Plan was approved by the City Council on September 9, 1990. Under this plan Block L of the Cultural District was designated for parking purposes. In 1982, the East End garage was constructed on most of Block L. The remaining portion, which contains approximately 18,700 square feet, has been used as a surface parking lot. On April 17, 2001, the Council approved an amendment of the Land Use Plan to provide for construction on the parking lot area of a six-story building with approximately 35 apartments and commercial and retail space on the first and second floors. The Council also authorized the Commission to loan $1.5 million to the developer from the East End Garage Reserve Fund. The developer, Armory Development and Management, was unable to satisfy the financing requirements necessary to proceed with the project. As a result, the Commission terminated the project with Armory Development in the summer of 2002, and solicited

new proposals from three interested developers for the property. The Commission selected the proposal submitted by Christa Development Corporation. The Sagamore on East, LLC, a new entity to be formed with David Christa as a member, will undertake this project. The Cultural Center Commission approved sale of the property and a $1.5 million loan from the East End Garage Reserve Fund to The Sagamore on East, LLC at the March 11, 2003 meeting. Under the proposal submitted, a seven-story building with approximately 23 high-end condominium units and commercial and retail space on the first and second floors will be constructed. The units will range in size from 2,500 to 3,300 square feet. The estimated cost of the project is approximately $15 million. Of this amount, $1.5 million will be financed with the loan from the Reserve Fund of the East End Garage, which is owned by the Commission but operated by the City under an agreement. The loan will have an interest rate equivalent to the Cityʼs borrowing rate and a term of 15 years. 50% of the loan balance will be repaid on a proportionate basis as each of the condominium units is sold. The loan will be initially secured by a mortgage on the building and a personal guarantee from David Christa. The lien on the individual condominium units will be released upon sale of each unit. The Commission will take back a purchase money mortgage for the sale price of the property in the amount of $243,000, which will be due upon completion of construction. The sale price is based on an appraisal completed by Rynne, Murphy & Associates, Inc. The Commissionʼs $1.5 million loan and purchase money mortgage loan will be subordinate to the primary lender. The developer is also requesting 70 reserved spaces in a designated area of the East End Garage for the tenants of the building at the standard rates established for the garage. Once the terms are finalized for the parking agreement, they will be presented to Cultural Center Commission for approval. Construction of the project is expected to begin in summer 2003 and be completed within 14 months. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-25 Ordinance No. 2003-50 (Int. No. 81) Approving Amendments To The Land Use Plan Of The Cultural District To Permit New Construction And A Loan To The Developer And Rescinding Portions Of Ordinance No. 2001-115 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves amendments to the Land Use Plan of the Cultural District as approved by the Cultural Center Commission in Resolution No. 1 of 2003 to allow for mixed-use market rate residential, commercial and retail development on a parcel located at 130 East Avenue, with development plans approved by the Cultural Center Commission.

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TUESDAY, MARCH 11, 2003 Section 2. The Council hereby approves a loan of $1,500,000 by the Cultural Center Commission in accordance with Resolution No. 3 of 2003 of the Cultural Center Commission from the Metro Center East End Garage Reserve Fund to the developer of the new building at 130 East Avenue, which loan shall be initially secured by a mortgage and a personal guarantee and which shall contain such other terms and conditions as may be approved by the Cultural Center Commission. Section 3. The Mayor is hereby authorized to enter into such agreements with the County of Monroe and/or the Cultural Center Commission as may be necessary to effectuate this loan. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Sections 1-3 of Ordinance No. 2001115, relating to development of the parcel located at 130 East Avenue, are hereby rescinded. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2003-6 Re: High Falls Business Improvement District R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to a establishment of a High Falls Business Improvement District (BID). The legislation will authorize the preparation of a High Falls District Plan pursuant to Section 980-A and 980-D of the General Municipal Law and Local Law No. 1, which was duly passed by the Council of the City of Rochester on December 17, 2002 and approved by the Mayor of the City of Rochester, and was deemed duly adopted on January 6, 2003 in accordance with the applicable provisions of law. In New York State, legislation allows municipalities to create Business Improvement Districts to impose an additional tax or assessment on property owners for additional services. The process for BID establishment involves: * A resolution authorizing creation of a district plan for a BID. * District Plan to be filed in the City Clerkʼs office - Council may adopt a resolution that contains the district plan, notice of plan on file in City Clerkʼs office, time and place for a public hearing, statement that real property owners may file written objections within 30 days of the conclusion of the public hearings. * Resolution must be in council meeting minutes.

* 30 days after the public hearing the board must determine the number of objections filed. If appropriate number have been filed for disapproval, council passes resolution disapproving establishment of the district. * If insufficient objections are filed, council considers approval. Said plan shall be prepared by, or under the supervision of City officers and employees of Clark Patterson Associates which are employed for such purpose, and that the fee incurred for preparation of said plan is being paid by the City under a prior agreement. For over 25 years, the City has worked with neighborhood businesses and business associations to promote commerce, expand tax base, generate jobs, visitor traffic and improve the quality of life in the neighborhoods. Several programs such as the Entertainment District Matching Grant Program, Commercial Facade Program, Business Aftercare Grants and Neighbors Shopping Neighborhoods have been offered to improve the commercial districts. Over the past year, a number of business associations have begun to discuss the possibility of forming a Business Improvement District as a mechanism to fund needed services for the districts. A sufficient number of building owners in the High Falls District have expressed interest in setting up a $25,000 BID to fund additional clean-up, landscaping, marketing, advertising and promotional materials. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-26 Resolution No. 2003-6 (Int. No. 82) Resolution Authorizing The Preparation Of A District Plan For The High Falls Business Improvement District WHEREAS, the Council enabled the establishment of Business Improvement Districts pursuant to Section 10A-4 of the City Charter, adopted by Local Law No. 1 of 2003, and WHEREAS, the Mayor has requested that the Council authorize the preparation of a district plan for High Falls, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Rochester hereby authorizes the preparation of a district plan pursuant to Sections 980-a and 980-d of the General Municipal Law for the High Falls Business Improvement District. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen:

* Resolution must be published in newspaper within 30 days.

Resolution No. 2003-7 Re: Monroe Avenue Business Improvement District

* Public hearing is held.

R2010: Campaign 6 - Economic Vitality

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TUESDAY, MARCH 11, 2003 Campaign 9 - Healthy Urban Neighborhoods Campaign 10 - Center City

Transmitted herewith for your approval is legislation relating to establishment of a Monroe Avenue Business Improvement District (BID). The legislation will authorize the preparation of a Monroe Avenue District Plan pursuant to Section 980-A and 980-D of the General Municipal Law, and Local Law No. 1 of 2003, which was enacted by City Council on December 17, 2002 and subsequently approved by the Mayor on January 6, 2003 in accordance with the applicable provisions of law. In New York State, legislation allows municipalities to create Business Improvement Districts to impose an additional tax, or assessment on property owners for additional services. The process for BID establishment involves: * A resolution authorizing creation of a district plan for a BID. * District Plan to be filed in the City Clerkʼs office - Council may adopt a resolution that contains the district plan, notice of plan on file in City Clerkʼs office, time and place for a public hearing, statement that real property owners may file written objections within 30 days of the conclusion of the public hearings.

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-27 Resolution No. 2003-7 (Int. No. 83) Resolution Authorizing The Preparation Of A District Plan For The Monroe Avenue Business Improvement District WHEREAS, the Council enabled the establishment of Business Improvement Districts pursuant to Section 10A-4 of the City Charter, adopted by Local Law No. 1 of 2003, and WHEREAS, the Mayor has requested that the Council authorize the preparation of a district plan for Monroe Avenue, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Rochester hereby authorizes the preparation of a district plan pursuant to Sections 980-a and 980-d of the General Municipal Law for the Monroe Avenue Business Improvement District. This resolution shall take effect immediately. Adopted unanimously.

* Resolution must be in council meeting minutes.

TO THE COUNCIL: Ladies and Gentlemen:

* Resolution must be published in newspaper within 30 days.

Ordinance No. 2003-51 Re: High Falls Facilities

* Public hearing is held.

R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Campaign 10 - Center City

* 30 days after the public hearing, the board must determine the number of objections filed. If appropriate number have been filed for disapproval, council passes resolution disapproving establishment of the district. * If insufficient objections are filed, council considers approval. Said plan shall be prepared by, or under the supervision of City officers and the Monroe Avenue Gateway Improvement Corridor (MAGIC) Steering Committee who, through the Monroe Avenue Merchants Association will contract with a Consultant. The fee incurred for preparation of said plan will be paid by the City under an agreement to be executed. For over 25 years, the City has worked with neighborhood businesses and business associations to promote commerce, expand tax base, generate jobs, visitor traffic and improve the quality of life in the neighborhoods. Several programs such as the Business Association Support, Business Assistance, Exterior Improvement and Neighbors Shopping Neighborhoods have been offered to improve the commercial districts. Over the past year, a number of business associations have begun to discuss the possibility of forming a BID as a mechanism to fund needed services for the districts. A number of building owners in the Monroe Avenue corridor have expressed interest in setting up a $100,000 BID to fund additional clean-up, landscaping, marketing, advertising and promotional materials.

Transmitted herewith for your approval is legislation relating to the operation and management of the High Falls Facilities. The legislation will authorize such an agreement with Rochester Live, LLC, 601 East Pratt Street, Baltimore, MD, for a term of five years with a provision for renewal for an additional five-year period. The High Falls Facilities include 74 Browns Race (Interpretive Center), 60 Browns Race (The Centers and Triphammer Grill), simulated raceway in Browns Race St., Granite Mills Commons, Triphammer Forge archeological site, and the City Festival Site at 40 Commercial Street. These facilities are currently managed by Flaum Management. Under the proposed agreement, Rochester Live, LLC will assume responsibility for marketing, leasing and management of the above properties. They will also be responsible for coordination of festival activities within the High Falls Entertainment District. The term of the agreement will commence on April 1, 2003 and expire on June 30, 2008. Rochester Live, LLC will have the right to renew the agreement for an additional five-year period. During the initial five-year period, the City will pay Rochester Live, LLC as follows: Year 1 - $525,000; Year 2 - $525,000; Year 3 $475,000; Year 4 - $450,000; Year 5 - $425,000. During the renewal period, Rochester, Live, LLC will pay the City as follows:

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TUESDAY, MARCH 11, 2003 Year 6 - $75,000; Year 7 - $85,000; Year 8 $95,000; Year 9 - $105,000; Year 10 - $125,000. The agreement will be funded by DPRHS 2002-03 Operating Budget ($110,000), 2002-03 Undistributed Budget ($40,000), and subsequent allocations from the DPRHS Operating Budget. Rochester Live, LLC will invest in renovations to the facilities to accommodate tenants that include national restaurant, nightclub and entertainment chains. The Interpretive Center, Art Gallery and Triphammer Grill will remain at the properties. The 60 and 74 Browns Race buildings will close to the public, with the exception of the Triphammer Grill, for approximately three months while renovations are underway. The City will advance $150,000 of the first yearʼs payment to Rochester Live, LLC on April 1, 2003 for cash flow purposes during the construction phase of the project. The facilities will re-open no later than July 1, 2003. The Cordish Company, will form a new Limited Liability Company (Rochester Live, LLC) to undertake this project. Formed in 1968 by David S. Cordish, The Cordish Company, a nationally acclaimed developer specializing in urban entertainment district development, has been involved in projects primarily located in major-market cities. These include Baltimore, MD (The Power Plant and Power Plant Live Hopkins Square); Houston, TX (Bayou Place); Charleston, NC (Charleston Place); Atlantic City, NJ (The Walk); and Louisville, KY (4th Street Live). The City of Rochester has been subsidizing the High Falls facilities since the properties were renovated with funds received from the Urban Cultural Parks Program. The properties were originally renovated for an interpretive center, simulated raceway, meeting rooms, viewing space for the gorge and falls, a restaurant, retail space, and an event and banquet center. The Rochester Riverside Convention Center was contracted to manage and operate the facilities when they opened in 1992. In 1997, after 60 Browns Race was renovated for a disco, sports bar and jazz club, Flaum Management assumed management responsibilities. It was the intention that the new, more intense uses located in the building would allow the City to decrease, and eventually eliminate, the need for an annual operating subsidy. While the subsidy did decrease over the years, it was evident that it would continue to be required to maintain the current operation. The Cordish Company approached the City of Rochester in late 2002 and expressed interest in the High Falls facilities and other development opportunities in the High Falls area. Under the Cordish proposal, subsidies for the facilities would end during the renewal period beginning on July 1, 2008. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-51 (Int. No. 84) Authorizing An Agreement For The High Falls 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 agreement with Rochester Live, LLC for the lease, operation and management of the High Falls Facilities and coordination of festival activities within the High Falls Entertainment District. The agreement shall extend for a term of five years, with an option to renew for an additional five years. Section 2. The agreement shall obligate the City to pay an annual sum of $525,000 in the first and second year, $475,000 in year three, $450,000 in year four and $425,000 in year five. Of said amounts, or so much thereof as may be necessary, $110,000 shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human Services and $40,000 shall be funded from the 2002-03 Budget for Undistributed Expense, and the remaining amounts shall be funded from subsequent budgets of the Department of Parks, Recreation and Human Services, contingent upon approval of subsequent budgets. During the renewal period, Rochester Live, LLC shall pay to the City $75,000 in year six, $85,000 in year seven, $95,000 in year eight, $105,000 in year nine and $125,000 in year ten. 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: Local Law No. 3 Re: Residential-Commercial Urban Exemption Program (RESCUE) R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation that will enact Section 485-a of the New York State Real Property Tax Law, known as the ResidentialCommercial Urban Exemption (RESCUE) Program. This local law will authorize a partial, 12-year, tax exemption for non-residential properties that are converted to include both residential and commercial uses. The RESCUE Program permits cities with populations of 50,000 to 1,000,000 to provide for the exemption from taxation of certain classes of mixed-use properties. The City of Buffalo has authorized the use of this redevelopment incentive and it is under consideration in the cities of Albany and Syracuse. The intent of the program is to facilitate the conversion of underutilized office, retail, manufacturing and warehouse buildings in order to promote residential uses in the downtown areas of upstate cities. Currently there is a 26.1% vacancy rate in commercial buildings in the Center City, representing over two million square feet of vacant space. Much of this space is suitable for conversion to residential uses. It is proposed that this legislation be authorized with a sunset provision of three “assessment years”, expiring on March 3, 2006. At that time, the success and appropriateness of the RESCUE Program will be reviewed to determine if it should be continued. Under the provision of Section 485-a, non-residential

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TUESDAY, MARCH 11, 2003

property, upon conversion to mixed-use, can be partially exempted from taxation and special ad valorem levies. The exemption is applied to the increase in assessed value attributable to the conversion to mixed-use. The structure of the partial tax exemption will be as follows: Year of Exemption 1 through 8 9 10 11 12

Exemption 100% of exemption base 80% 60% 40% 20%

The tax exemption will be restricted to mixed-use (residential-commercial) conversion projects located in the area defined by the Zoning Ordinance as the Center City District (CCD) as displayed on the attached map. In order to qualify for the exemption, property owners will be required to invest at least $250,000 in converting the property. Further, all projects receiving the exemption will be expected to provide a minimum of 25% of the total developed space as residential. The property owner will be required to file an application for the exemption with the City Assessor. Respectfully submitted, William A. Johnson, Jr. Mayor Local Law No. 3 (Int. No. 88) Local Law Amending The City Charter With Respect To The Residential-Commercial Urban Exemption Program 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 adding thereto the following new Section 6-71.7, Residential-Commercial Urban Exemption Program: Section 6-71.7. Residential-Commercial Urban Exemption Program. The Council hereby provides for the exemption of real property from taxation as authorized in Section 485-a of the Real Property Tax Law to real property located in the Center City Zoning District, provided that the cost of conversion to mixed-use property exceeds the sum of two hundred fifty thousand dollars ($250,000.) and provided further that as a result of the conversion at least twenty-five percent (25%) of the total developed floor space is used for residential purposes.

Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-52 Re: Sale of Real Estate - Project Turnaround R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the sale of 20 parcels in the Project Turnaround area at their appraised values. This approval will provide control of land to the developer as required for funding purposes. Project Turnaround was designated as a Challenged Street Project by the Bureau of NET in 2000, and is bounded by Joseph Avenue, Wilkins Street, Hudson Avenue and Clifford Avenue. On August 21, 2001, City Council approved the acquisition and demolition of properties in this area to facilitate site assembly for this new construction project. Phase I of the project, which is focused at the Maria Street/Bernard Street intersection and surrounding streets, will involve the construction of 20 houses. The developers selected for Project Turnaround are the same developers approved to participate in the 2002 Home Expo program: a. b. c. d.

Atlas General Contractors HSBC Community Development Corporation Imperial Rochester Development Corporation Speedwell Construction Services, Inc.

Ibero-American Development Corporation, the Phase I sponsor, is in the process of applying for development funds from the NYS Affordable Housing Corporation, NYS Division of Housing and Community Renewal, and the Federal Home Loan Bank of New York. These funds will provide the subsidies necessary to create affordable home purchase opportunities for first time homebuyers in this neighborhood. A recent change to the Federal Home Loan Bank of New Yorkʼs application requires formal site control as one of the rating criteria. The proposed sale of these properties will be subject to approval of all identified funding sources by December 31, 2003. The sale of these properties will be canceled in the event Ibero-American Development Corporation is not approved for all funding necessary to proceed with the project. Ibero will assist in marketing the houses and will create a “buyer pool”. The Home Store will also provide nominal marketing assistance to the developers and maintain a listing of available lots and house styles. Each developer may independently retain the services of a real estate broker to market its houses.

Section 2. This local law shall be in effect for the 2004, 2005, and 2006 assessment rolls. Any property that is granted an exemption on one of those rolls shall remain eligible for the additional years of exemption on that property, provided the property continues to meet the requirements of Section 485-a.

Respectfully submitted, William A. Johnson, Jr. Mayor

Passed by the following vote:

Approving The Sale Of Parcels For Project Turnaround

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago,

Ordinance No. 2003-52 (Int. No. 89)

BE IT ORDAINED, by the Council of the City of

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TUESDAY, MARCH 11, 2003 Rochester as follows:

Reappointment is requested for:

Section 1. The Council hereby approves the participation of the following developers in Project Turnaround: HSBC Community Development Corporation Imperial Rochester Development Corporation Speedwell Construction Services, Inc. Atlas General Contractors Section 2. The Council hereby approves the sale of any of the following parcels of real estate, for their appraised value, to any of the developers listed in Section 1 provided that the developer shall construct and sell housing in accordance with the guidelines of Project Turnaround: Address 17 Alphonse Street 29 Alphonse Street 50 Alphonse Street 55 Alphonse Street 8 Bernard Street 22 Bernard Street 82 Bernard Street 728 Clifford Avenue 732 Clifford Avenue 45 Maria Street 63 Maria Street 71 Maria Street 73 Maria Street 74 Maria Street 75 Maria Street 81 Maria Street 83 Maria Street 96 Thomas Street 105 Thomas Street 109 Thomas Street

SBL # 106.32-2-40 106.32-2-42 106.32-2-61 106.32-2-46 106.24-2-70 106.24-2-67 106.24-2-44 106.32-2-31.1 106.32-2-30 106.32-1-55.1 106.32-1-47 106.23-3-63 106.23-3-62 106.32-1-4 106.23-3-60 106.23-3-57.1 106.23-3-56 106.32-2-39 106.32-1-12.1 106.32-1-10.1

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 closing for the reason that the City has agreed to convey said properties free of City tax liens and other charges. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2003-8 Re: Appointment and Reappointments To The Rochester Public Library Board R2010: Campaign 1 - Involved Citizens Campaign 2 - Educational Excellence

Reverend Errol E. Hunt, 39 Warwick Avenue, Rochester, New York. Reverend Hunt would serve a five-year term that would expire on December 31, 2007. This would be Reverend Huntʼs second term. Ms. Freda Miller, 265 Melrose Street, Rochester, New York. Ms. Miller would serve a five-year term that would expire on December 31, 2007. This would be Ms. Millerʼs second term. Ms. Margaret Van Kirk, 129 Cheltenham Road, Rochester, New York. Ms. Van Kirk would serve a five-year term that would expire on December 31, 2007. This would be Ms. Van Kirkʼs first full term. She was initially appointed to complete the term of a prior member. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-8 (Int. No. 90) Resolution Approving Appointments To The Board Of Trustees Of The Rochester Public Library BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of Reverend Errol E. Hunt, 39 Warwick Avenue, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2007. Section 2. The Council hereby approves the reappointment of Freda Miller, 265 Melrose Street, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2007. Section 3. The Council hereby approves the appointment of John D. Lovenheim, 24 Grove Street, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2005. Mr. Lovenheim shall replace Dr. Henry French, who has resigned. Section 4. The Council hereby approves the reappointment of Margaret Van Kirk, 129 Cheltenham Road, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2007. Section 5. This resolution shall take effect immediately. Adopted unanimously.

Transmitted herewith is legislation to appoint one new member and reappoint three current members of the Board of the Rochester Public Library.

TO THE COUNCIL: Ladies and Gentlemen:

Appointment is requested for Mr. John D. Lovenheim, 24 Grove Street, Rochester, New York. Mr. Lovenheim will fill the remainder of the term of Dr. Henry French, who recently resigned from the Board. Mr. Lovenheimʼs term would expire on December 31, 2005. A copy of Mr. Lovenheimʼs resume has been transmitted under separate cover to the office of the City Clerk for review by any interested person.

R2010: Campaign 9 - Healthy Urban Neighborhoods

Introductory No. 57 Re: Zoning Map Amendment - 148-150 Boxart Street

Transmitted herewith for your consideration is legislation amending the Zoning Map by rezoning the property at 148-150 Boxart Street from R-1 Low

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Density Residential to M-1 Industrial District. The affected property is bordered to the south and west by R-1 uses and to the north and east by M-1 uses. The property is developed with a house that has been vacant for several years. The applicant, Joe Coco, purchased the property on December 12, 2002. The proposed rezoning will enable the applicant to develop the property with industrial uses including the proposed construction of an industrial building at the rear of the existing house to be used for storage purposes associated with a contracting business. The Planning Commission held an information meeting on January 27, 2003 . One person spoke in support of the requested rezoning; two people spoke in opposition. By a vote of 0-5, the Commission recommended disapproval based on potential impacts on the neighborhood relating to traffic, noise and the incompatibility with adjacent residential uses. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, is the lead agency. Environmental issues were identified with the proposed rezoning and the industrial redevelopment of the property. A determination has been deferred until those environmental issues have been addressed. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Stevenson moved to return Introductory No. 57 to committee.

northerly from the southerly street line of Boxart Street; Thence 1) Northerly along said extension and the easterly line of said Poppinny lands a distance of 227.75 feet to a point; Thence 2) Westerly and parallel to the centerline of Boxart Street a distance of 90 feet to a point; Thence 3) Southerly and parallel to Course One (1) a distance of 227.75 feet to a point; Thence 4) Easterly along the centerline of Boxart Street and 24.75 feet northerly from the southerly line of Boxart Street a distance of 90 feet to the point or place of beginning. Section 2. This ordinance shall take effect immediately. Item held. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 56 Re: Center City Master Plan R2010: Campaign 1 - Involved Citizens Campaign 5 - Economic Vitality Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Campaign 10 - Center City

The motion was seconded by Councilmember Thompson.

Transmitted herewith for your approval is legislation relating to the adoption of the Center City Master Plan.

The motion was adopted unanimously.

The legislation contains the following specific actions:

Introductory No. 57 CHANGING THE ZONING CLASSIFICATION OF 148-150 BOXART STREET FROM R-1 LOW DENSITY RESIDENTIAL TO M-1 INDUSTRIAL BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 115 of the Municipal Code, Zoning Ordinance, as amended, is hereby further amended by changing the zoning classification of the following-described property, constituting 148-150 Boxart Street, from R-1 Low Density Residential to M-1 Industrial: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and being more particularly bounded and described as follows:

1. Adoption of the Plan for the Public Realm contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval, of future public realm projects or actions proposed within Center City to include streets, parks, trails, open space and other pedestrian enhancement areas. 2. Adoption of the Schematic Plan contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval of future public and private development projects or actions proposed within Center City. 3. Adoption of the entire Center City Master Plan document as an addition to the list of “implementing strategies” for The Renaissance Plan (Ordinance No. 99-120, Section 2.).

Beginning at the point of intersection of the centerline of Boxart Street and the easterly line extended southerly of lands owned now or formerly by Emily M. Poppinny as per a deed recorded in the Monroe County Clerkʼs Office on December 19, 1952 and filed in Liber 2797 of deeds at page 42.

4. Adoption of the Design Principles (Attached) contained within the Center City Master Plan as guidelines to be included in the cityʼs formal design review process (the Development Objectives contained within the plan have already been adopted as part of the new City Zoning Ordinance).

Said point of intersection being 24.75 feet

As you know, the Sector 5 NBN plan and the goals,

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TUESDAY, MARCH 11, 2003 strategies and action agenda for Campaign Ten in the Cityʼs Renaissance 2010 Plan recommended the preparation of a Master Plan to serve as a framework and guide for the future of the Center City. For the past eighteen months, the Cityʼs Bureau of Planning has been working on and developing this plan. This effort has been coordinated with the update of the Cityʼs Zoning ordinance. Most of the ideas, recommendations and concepts that the draft plan is structured around have already been incorporated into the Center City Zoning development objectives, Center City Zone and Design Districts and regulations which were recently adopted by City Council. The concepts objectives, design principles and development guidelines of the Master Plan are the product of a nearly eight year public engagement process. This process began with the Sector 5 NBN action plan and continued through the R2010 development and adoption process, the Center City Design Charrette, the Zoning Ordinance Update process as well as presentations and workshops on the specific draft plan with Center City neighborhoods and organizations, stakeholders and RDDC membership. The Plan also reflects other project specific public engagement processes such as Manhattan Square Park redevelopment, Inner Loop Redevelopment, Center City Signage and others. The Master Plan has been formally presented to the City Planning Commission for review and recommendation at the Commissionʼs February 24, 2003 meeting. A public hearing on this legislation is required. Respectfully submitted, William A. Johnson, Jr. Mayor

period after subdivision A(8) with “; and”, and by adding thereto the following new subsection A(9): (9) Center City Master Plan. Section 3. This ordinance shall take effect immediately. Item held. By Councilmember Griswold March 11, 2003 To the Council: The Public Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 58 - Authorizing Agreements For Human Services Projects Int. No. 80 - Approving Applications, Agreements And The 2003 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau Respectfully submitted, Nancy K. Griswold Tony M. Thompson Gladys Santiago PUBLIC SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2003-53 Re: Agreements - Human Services Projects

Introductory No. 56 ADOPTING THE CENTER CITY MASTER PLAN AND AMENDING SECTION 130-6 OF THE MUNICIPAL CODE BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves and adopts the Center City Master Plan on file in the Office of the City Clerk as follows: (a) Adoption of the Plan for the Public Realm contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval, of future public realm projects or actions proposed within Center City to include streets, parks, trails, open space and other pedestrian enhancement areas. (b) Adoption of the Schematic Plan contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval of future public and private development projects or actions proposed within Center City. (c) Adoption of the Design Principles contained within the Center City Master Plan as guidelines to be included in the cityʼs formal design review process. Section 2. Section 130-6 of the Municipal Code, Strategies, is hereby amended by deleting the word “and” after subdivision A(7) thereof, replacing the

R2010: Campaign 2 - Educational Excellence Transmitted herewith for your approval is legislation authorizing agreements for the following human services projects: Organization Project

Amount

Rochester Fatherhood Resource Initiative DuBois Urban Youth Training Program

$40,000

Community Place of Greater Rochester, Inc. Say Yes To Yourself

50,000

The Dubois Urban Youth Training Program is in the second year of CDBG funding. It is considered a project with matching funds and is therefore eligible for up to five years of funding under the human services funding guidelines approved by the City Council in June, 1981. Say Yes To Yourself is in the third year of CDBG funding. It is considered a project without matching funds and is therefore in its final year of eligibility for CDBG funding. The cost of the agreements will be financed from the General Community Needs allocation of the 2002-03 Community Development Block Grant. The Project Information/Budget forms are attached.

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TUESDAY, MARCH 11, 2003 Project Odyssey.

Respectfully Submitted, William A. Johnson, Jr. Mayor Attachment No. AC-28 Ordinance No. 2003-53 (Int. No. 58) Authorizing Agreements For Human Services Projects 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 Human Services Projects in amounts not to exceed the following: Organization Project

Amount

Rochester Fatherhood Resource Initiative DuBois Urban Youth Training Program

$40,000

Community Place of Greater Rochester, Inc. Say Yes To Yourself

50,000

Section 2. The agreements shall obligate the City of Rochester to pay an amount not to exceed $90,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2002-03 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. TO THE COUNCIL: Ladies and Gentlemen Ordinance No. 2003-54 Re: 2003 Rochester-Monroe County Youth Bureau

The Youth Bureau is a joint agency that was established by the City and County “...to encourage and administer a county-wide comprehensive planning and service delivery system that is devoted in whole or in part to the welfare and positive 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 (formerly the Division for Youth). Under the bylaws of the Board, which were approved by City Council on June 8, 1982, the annual budget of the Bureau is subject to the approval of the City and County. Upon approval, the City is required to submit the related application for state aid to the Office of Children and Family Services through the Bureau and, to the extent that matching funds are available, to reimburse the County for up to a maximum of 34% of its total administrative budget. The budget proposed for the Youth Bureau for 2003 provides for administrative costs of $561,345 which is a 25% decrease from the 2002 budget. Based upon the proposed budget, the 2003 contribution requested from the City is $110,828 or 19.75%. A reimbursement of 50.2% of this amount will subsequently be received from the Office of Children and Family Services. The Cityʼs net cost for administration will therefore be $55,414. In 2002, its net cost was also $55,414. The proposed 2003 budget also provides for the operation or administration of the following programs by the City from the 2002-03 budget: Program

NYSOCFS NYSOCFS Cost 2002 Cost 2003

DPRHS: Youth Recreation $355,117 $314,677 Police Department: Family & Victim Assistance 119,434 0 Family Violence 216,794 319,877 Project Base 58,789 62,689 Project Odyssey 5,771 7,477 Total $755,905 $704,720

R2010: Campaign 2 - Health, Safety and Responsibility

Related Revenue

Transmitted herewith for your approval is legislation relating to the Rochester-Monroe County Youth Bureau. This legislation will:

Other Revenue

1. Approve the 2003 administrative and program budgets of the Bureau; and 2. Authorize agreements with: a. The Society for the Protection and Care of Children, for operation of the Family Violence Program; b. Baden Street Settlement, for operation of Project Base; and c. Baden Street Settlement, for operation of

State Aid

($ 40,440) (119,434) 103,083 3,900 1,706 ($ 51,185)

$208,938

$ 2,143

240,755 $447,550

337,447 $546,385

96,692 $98,835

City Contribution $308,355

$158,335

($150,020)

Total

$206,795

Change

After consideration of State aid and other revenue, the net cost to the City of all programs will be $158,335 or $150,020 less than the 2002 amount. The County Legislature approved the 2003 Youth Bureau budget in December 2002. Respectfully submitted, William A. Johnson, Jr.

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TUESDAY, MARCH 11, 2003 Mayor Ordinance No. 2003-54 (Int. No. 80) Approving Applications, Agreements And The 2003 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau BE IT ORDAINED, by the Council of the City of Rochester as follows:

Int. No. 61 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,100,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Lake Avenue (Lyell Avenue-Ridgeway Avenue) Improvement Project Int. No. 73 - Authorizing An Agreement With Selden P. Chase For The Lease Of Farmland Int. No. 74 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For CSX Spill Legal Services

Section 1. The Council hereby approves the 2003 Administrative and Program Budgets of the Rochester-Monroe County Youth Bureau and the Cityʼs participation in the 2003 Comprehensive Youth Services Plan. The Mayor is authorized to execute such agreements and make such applications as may be necessary to effectuate the 2003 Comprehensive Youth Services Plan. The Cityʼs required contribution to the 2003 Youth Bureau Budget shall be financed equally from the 2002-03 and 2003-04 Budgets of the Department of Parks, Recreation and Human Services.

Int. No. 86 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $250,000 Bonds Of Said City To Finance The Additional Cost Of Environmental Clean-Up At The Cityʼs Bureau Of Water & Street Lighting Site At 10 Felix Street

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 Violence Program. Said agreement shall obligate the City to prefinance an amount not to exceed $27,363, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human Services.

Int. No. 92 - Appropriating Funds For The Fast Ferry Terminal

Section 3. The Mayor is further authorized to enter into an agreement with the Baden Street Settlement, Inc. for the operation of Project Base. Said agreement shall obligate the City to pay an amount not to exceed $17,756, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human 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 $7,447, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human Services. Section 5. The applications and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 6. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Stevenson March 11, 2003 To the Council: The Parks, Public Works & The Environment Committee recommends for adoption the following entitled legislation: Int. No. 59 - Authorizing Acceptance Of A Grant For Turning Point Park Improvements And Amending The 2002-03 Budget Int. No. 60 - Approving The Lake Avenue (Lyell Avenue-Ridgeway Avenue) Improvement Project

Int. No. 87 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $559,000 Bonds Of Said City To Finance The Cost Of Environmental Clean-Up Of 151, 171, 173, 175, 177 And 191 Mt. Hope Avenue

Int. No. 93 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $170,000 Bonds Of Said City To Finance The Cost Of Constructing Fast Ferry Terminal Facilities Within The City Int. No. 94 - Resolution For The Purpose Of A Home Rule Message Regarding State Legislation Relative To Discontinuing The Use Of Certain Lands As Park Lands The Parks, Public Works & The Environment Committee recommends for consideration the following entitled legislation: Int. No. 62 - Authorizing Acquisitions By Condemnation For The Plymouth-Exchange Neighborhood Trail Improvements Project And Increasing An Acquisition Amount Int. No. 63 - Local Improvement Ordinance - Snow Removal At The Public Market Int. No. 64 - Local Improvement Ordinance - Security At The Public Market Respectfully submitted, Robert J. Stevenson Brian F. Curran (Voted against Int. No. 86 and abstained vote on Int. No. 94) Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS & THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-55 Re: Turning Point Park Grant R2010: Campaign 1 - Involved Citizens Campaign 3 - Health, Safety and

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TUESDAY, MARCH 11, 2003 Responsibility Campaign 4 - Environmental Stewardship Campaign 7 - Quality Service Campaign 8 - Tourism Destination Attraction

Transmitted herewith for your approval is legislation authorizing the acceptance of a $100,000 grant from the New York State Office of Parks, Recreation and Historic Preservation and amending the 2002-03 Budget for Cash Capital to reflect those funds. The grant was received through a New York State Legislative member item initiated by State Senator Joseph Robach and will be used for improvements to the fishing and car top boat launch accesses at Turning Point Park.

project, which will be administered by the NYS Department of Transportation; 2. Approve the installation of water mains and appurtenances performed on the Lake Avenue project and shown on the contract plans related to the Lake Avenue project; 3. Agree that the City of Rochester will maintain or cause to be maintained the water- related facilities on Lake Avenue, and shown on the contract plans; 4. Authorize any necessary agreements with NYSDOT for such participation;

The improvements will be designed by the DES Bureau of Architecture and Engineering staff. Construction is currently estimated to take place in the fall of 2003.

5. Authorize the issuance of bonds totaling $1,100,000 and appropriating the proceeds thereof to finance the water main related portion of the project. An additional $250,000 will be financed from the 2002-03 Cash Capital appropriation;

Respectfully submitted, William A. Johnson, Jr. Mayor

6. Authorize the City to reimburse NYSDOT for $1,350,000, the portion of the water main related improvements; and Ordinance No. 2003-55 (Int. No. 59)

Authorizing Acceptance Of A Grant For Turning Point Park Improvements And Amending The 2002-03 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 New York State Office of Parks, Recreation and Historic Preservation for funding for improvements to the fishing and boat launch accesses at Turning Point Park. Section 2. The agreement shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. Ordinance No. 2002-194, the 2002-03 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 $100,000, which amount is hereby appropriated from the grant authorized herein to fund improvements to the fishing and boat launch accesses at Turning Point Park. Section 4. This ordinance shall take effect immediately. Passed unanimously.

7. Transmit six certified copies of the foregoing ordinance to the New York State Department of Transportation. This project involves the installation of new water mains on Lake Avenue (Lyell Avenue-Ridgeway Avenue). This project, which is being administered by NYSDOT, is included in the Lake Avenue Street Improvement Project. The City portion of this street improvement project includes installing 2400 feet of new 8” and 4200 feet of new 12” water main on Lake Avenue (Glenwood Avenue - Alameda Street). It also includes installing new copper water services and new hydrants on Lake Avenue (Lyell Avenue-Ridgeway Avenue). This project will replace an unlined 8” water main and non-copper water services such as lead and galvanized iron water services. The new water mains are designed to improve flow and water quality. The water mains scheduled for replacement on Lake Avenue have been in service since 1874. The improvements are scheduled to begin during the summer of 2003 and be completed by the winter of 2004. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-56 (Int. No. 60)

TO THE COUNCIL: Ladies and Gentlemen:

Approving The Lake Avenue (Lyell AvenueRidgeway Avenue) Improvement Project

Ordinance No. 2003-56 And Ordinance No. 2003-57 Re: Lake Avenue (Lyell - Ridgeway) Water Main Improvement Project

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

R2010: Campaign 7 - Quality Service Transmitted herein for your approval is legislation relating to the Lake Avenue (Lyell Avenue-Ridgeway Avenue) improvement project. This legislation will: 1. Authorize participation by the City in this

Section 1. The Council hereby approves the participation by the City in the Lake Avenue (Lyell Avenue-Ridgeway Avenue) Improvement Project to be administered by the New York State Department of Transportation. Section 2. The Mayor is hereby authorized to enter into such agreements with the New York State Department of Transportation as may be necessary for participation by the City in the Lake Avenue (Lyell

Page 57

TUESDAY, MARCH 11, 2003 Avenue-Ridgeway Avenue) Improvement Project. The Council hereby approves the installation of water mains and appurtenances performed on the Lake Avenue Improvement Project and shown on the contract plans and agrees that the City will maintain or cause to be maintained such water mains and appurtenances. Section 3. The agreements shall obligate the City to reimburse the State in an amount not to exceed $1,350,000 for the water improvements, and of said amount, or so much thereof as may be necessary, $1,100,000 shall be funded from a bond ordinance adopted for this purpose, and $250,000 shall be funded from the 2002-03 Cash Capital Allocation. Section 4. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. The City Clerk is directed to transmit six certified copies of this ordinance to the New York State Department of Transportation. Section 6. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-57 (Int. No. 61) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,100,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Lake Avenue (Lyell Avenue-Ridgeway Avenue) 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 Lake Avenue (Lyell Avenue-Ridgeway Avenue) Improvement Project in the City. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,100,000 bonds of the City to finance said appropriation, together with $250,000 of available 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 $1,100,000 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 $1,100,000. 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: (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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9.

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TUESDAY, MARCH 11, 2003

Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-58 Re: Lease Agreement - Rush Reservoir Parcel R2010: Campaign 5 - Regional Partnerships Transmitted herewith for your approval is legislation regarding the lease of one property in the Town of Rush. The 14-acre parcel is part of the property that was acquired by the City in 1990 in conjunction with the Rush Reservoir Rehabilitation Project. Acquisition was required to permit construction of a sediment depository during the project. The project was completed in 1992. Under lease agreements authorized by the Council on December 8, 1992 and April 14, 1998, the parcel has since been used by Selden Chase to grow alfalfa and timothy hay. The current five-year agreement expires on April 30. Under the proposed legislation, a new five-year agreement will be authorized. The proposed annual rental rate of $20 per acre is the same as the current rate. The rate was established through a bidding process. Mr. Chase will continue to use the parcel for agricultural purposes. He will also assist the City in obtaining an agricultural assessment under Section 1224 of the NYS Real Property Tax Law. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-58 (Int. No. 73) Authorizing An Agreement With Selden P. Chase For The Lease Of Farmland 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 Selden P. Chase for the lease of approximately 14 acres of farmland owned by the City in the Town of Rush. The agreement shall extend for a term not to exceed five years at a rental rate of $20. per acre per year. Mr. Chase shall also provide insurance and assist the City in attaining an agricultural assessment for this property. 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. 2003-59 Re: Agreements - CSX Spill Legal Services R2010: Campaign 7 - Quality Service

Transmitted herewith for your approval is legislation authorizing an amendatory agreement for the provision of legal services relating to the CSX train derailment of December 23, 2001. The maximum cost will be $15,000, which will be financed from 2002-03 Budget of the Law Department. The City entered into an agreement with Underberg & Kessler, 1800 Chase Square, on February 20, 2002, in an amount not to exceed $10,000. The agreement has allowed the City Law Department to obtain expert advice from Terry M. Richman, Esq., with respect to environmental remediation matters relating to the CSX spill. Continued advice will be required with respect to the remediation itself and the recovery of the Cityʼs costs from CSX. Underberg & Kessler was chosen because of Ms. Richmanʼs expertise, their fee schedule and downtown location. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-59 (Int. No. 74) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For CSX Spill Legal Services 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 an amendatory professional services agreement with Underberg & Kessler for legal services as required by the Law Department in conjunction with the CSX train derailment of December 23, 2001. Said amount shall be funded from the 2002-03 Budget of the Law Department. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-60 Re: Remedial Investigation & Interim Remedial Measures - 10 Felix Street Redevelopment R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation relating to environmental remedial investigation, remedial planning, and interim remedial measures for portions of the 10 Felix Street Water Bureau Facility. This legislation will authorize the issuance of bonds totaling $250,000 and appropriate the proceeds thereof to finance the remedial investigation, remedial planning, and interim cleanup services. As you are aware, the Department of Environmental Services is currently developing concepts for redevelopment of the current Bureau of Water & Lighting site at 10 Felix Street into a new facility. In anticipation of the redevelopment, a Phase 2 environmental investigation was completed in September 2001. The Phase II investigation resulted in the identification of four abandoned underground gasoline and waste oil storage

Page 59

TUESDAY, MARCH 11, 2003 tanks, several areas of petroleum and solvent contaminated soil, various fill materials, and groundwater contamination thought to be associated with vehicle repair, refueling and equipment repair performed over the years. Some significant areas of contamination extend beneath existing structures and utilities. The four storage tanks and 222 tons of contaminated soil were removed in August 2001; however, the tanks were in poor condition and additional contaminated soil associated with these tanks extends under existing buildings and utilities. In response to these findings, the New York State Department of Environmental Conservation (NYSDEC) was notified and has requested additional contaminant delineation involving the installation of groundwater monitoring wells and groundwater testing. Investigation and interim remedial services needed at this time include: 1. Groundwater investigations as requested by the NYSDEC (estimated at $20,000); 2. Additional soil investigations to help guide redevelopment planning for cost-effective construction (estimated at $20,000); 3. Removal of contaminated soil where deemed accessible prior to building demolition or utility replacement and completion of an interim remedial measure closure report (estimated at $150,000); 4. Completion of remedial measures on the northern portion of the site, including sampling existing groundwater monitoring wells and completing a remedial closure report (estimated at $35,000); 5. Cleanup planning and coordination with the architectural concepts for the new facility, including the development of a Corrective Action Plan (CAP) as requested by the NYSDEC, and obtaining approval of the CAP from the NYSDEC. The CAP will include a redevelopment construction phase Community Air Monitoring Plan, and a Health & Safety Plan (estimated at $15,000); 6. Development of written contract specifications detailing the remedial measures to be implemented in accordance with the CAP. The specifications could be incorporated into a request for proposal or a public bidding proposal if necessary (estimated at $10,000). The interim and post-demolition cleanup phases will address primary areas of soil contamination and groundwater contamination. Development of the cleanup approach will be coordinated with conceptual redevelopment plans to increase the efficiency and effectiveness of the cleanup. New buildings constructed on the site may be required to have engineering controls such as ventilation systems and vapor barriers. The investigation and pre-demolition interim remedial services will be performed under existing agreements. Post-demolition remedial services will be necessary and, as a result, additional bond authorization may be requested in the future. The additional investigations and interim cleanup activities are expected to require six to eight months to complete. Respectfully submitted,

William A. Johnson, Jr. Mayor Attachment No. AC-29 Ordinance No. 2003-60 (Int. No. 86) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $250,000 Bonds Of Said City To Finance The Additional Cost Of Environmental Clean-Up At The Cityʼs Bureau Of Water & Street Lighting Site At 10 Felix Street 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 additional investigation of hazardous substances and environmental remediation planning and interim clean-up of the Bureau of Water & Street Lighting site at 10 Felix Street in the City of Rochester, New York (the “Site”). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $707,200, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $250,000 bonds of the City, together with the application of $457,200 bonds previously appropriated in Ordinance No. 2001-318, 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 $250,000 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 $250,000. 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.6-e 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

Page 60 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 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 by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - Councilmember Curran - 1. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-61 Re: Environmental Remediation Mt. Hope Avenue R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation relating to environmental planning and remediation of portions of six contiguous parcels of land located on the western side of Mt. Hope Avenue and owned by the City of Rochester and Rochester Urban Renewal Agency. This legislation will authorize the issuance of bonds totaling $559,000 and appropriate

TUESDAY, MARCH 11, 2003 the proceeds thereof to finance remedial planning and cleanup services. The six parcels of land (151, 171, 173, 175, 177, and 191 Mt. Hope Avenue) comprise approximately 3.7 acres and are located north of the apartment complex owned by Genesee Gateway Houses, Inc., and south of Time Warnerʼs main office at 71 Mt. Hope Avenue. The parcels were acquired as part of an urban renewal project in the late 1960s; former uses include three gasoline stations and automobile sales that fronted Mt. Hope Avenue, a portion of a former concrete plant, and the former railroad tracks and related railroad improvements located primarily on the western portion of the parcels near the Genesee River. In anticipation of the redevelopment the City contracted for the completion of a Phase 1 environmental site assessment which was completed in October 2000. The Phase 1 environmental site assessment identified several recognized environmental concerns, and a preliminary Phase 2 environmental investigation was completed in October 2000. The results of the preliminary Phase 2 investigation documented the presence of petroleum-contaminated soil and groundwater on all six parcels at concentrations that exceed standards. In response to these findings, the New York State Department of Environmental Conservation (NYSDEC) was notified. Additional Phase 2 environmental investigations were completed in February 2002 to define the extent of contamination, and to evaluate potential remedial alternatives. The results of the investigations indicate that approximately 3,500 to 4,500 cubic yards (approximately 5,775 to 7,425 tons) of contaminated soil are present on the properties, and that a groundwater plume approximately 300 feet long is contaminated with petroleum hydrocarbons at concentrations which warrant remediation. In response to these findings NYSDEC was notified and has requested that the City develop a cleanup plan identifying the proposed remedial measures to be implemented to remediate the site. The proposed remedial actions will include: 1. Development of a Corrective Action Plan (CAP) detailing the proposed methodologies and techniques to remediate and monitor the site. The CAP will include a Community Air Monitoring Plan, a Health & Safety Plan, and an Environmental Management Plan. 2. A soil removal program consisting of the removal of approximately 3,500 to 4,500 cubic yards (approximately 5,775 to 7,425 tons) of contaminated soil. The contaminated soil will be disposed off-site at a landfill, or treated on-site by placing the contaminated soil in a “biopile” constructed on-site. The biopile facilitates the natural biodegradation of petroleumcontaminated soil over time. The excavation of the contaminated soil will require the removal of up to 9,000 cubic yards of clean soil. 3. If the soil is treated on-site using a biopile, the biopile system will be monitored on a regular basis to ensure it is working properly and to ensure that the system is operating in an efficient manner. 4. Collection and analysis of confirmatory soil samples to verify the effectiveness of the soil removal program. 5. Installation of new groundwater monitoring wells to replace those destroyed as a result of the soil removal program, and sampling and

Page 61

TUESDAY, MARCH 11, 2003 analysis of groundwater samples. Remediation to reduce contaminant concentrations. Potential remedial options to remediate groundwater include in-situ chemical oxidation, and biodegradation using oxygen injection or through the application of oxygen release compounds. 6. Development of a remedial closure report to be submitted to the NYSDEC summarizing the remedial measures implemented and the postcleanup subsurface conditions of the properties. The cleanup activities are expected to be performed in two separate phases and require one to two years to complete. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-61 (Int. No. 87) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $559,000 Bonds Of Said City To Finance The Cost Of Environmental Clean-Up Of 151, 171, 173, 175, 177 And 191 Mt. Hope Avenue 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 cost of planning and implementing clean-up of certain hazardous substances at 151 Mt. Hope Avenue, owned by the Rochester Urban Renewal Agency, and the city-owned parcels at 171, 173, 175, 177 and 191 Mt. Hope Avenue in the City of Rochester, New York (the “Site”). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $559,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $559,000 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 $559,000 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 $559,000. 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.6-e 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 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 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen:

Page 62

TUESDAY, MARCH 11, 2003

Ordinance No. 2003-62 And Ordinance No. 2003-63 Re: Port of Rochester - Fast Ferry Terminal Facilities

Section 2. This ordinance shall take effect immediately. Passed unanimously.

R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination

Ordinance No. 2003-63 (Int. No. 93)

Transmitted herewith for your approval is legislation which will: 1. Appropriate $660,000 in anticipated Federal Highway Administration funds (TEA-21) for construction of the fast ferry terminal facilities; and 2. Authorize issuance of $170,000 in bonds and appropriate the proceeds thereof to finance a portion of the construction cost of the ferry terminal facilities. As you are aware, construction of the fast ferry terminal facilities includes renovation of the north warehouse, improvements to the river wall to provide for berthing, construction of site improvements required for vehicular embarkation and debarkation, and federal Homeland Security border inspection facilities. The public improvements will also provide utility and building system connections and services to facilities related to all ferry operations. The Structural Steel and Metal Fabrications contract was advertised for bid on February 24 and bids will be received on March 18, 2003. These authorizations are being requested at this time to allow the award of this contract due to its time critical importance. The estimated total cost of the Structural Steel and Metal Fabrications contract is as follows: Constructtion Federal $592,000 Bonds 148,000 Total $740,000

Contingency

Administration

Total

$61,600

$6,400

$660,000

20,400

1,600

170,000

$82,000

$8,000

$830,000

The City share is provided for in the 2002-03 Capital Improvement Program. Construction of the fast ferry terminal is scheduled to begin in Spring 2003 and be completed in Spring 2004. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-62 (Int. No. 92) Appropriating Funds For The Fast Ferry Terminal BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $660,000, or so much thereof as may be necessary, to fund the construction of fast ferry terminal facilities.

Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $170,000 Bonds Of Said City To Finance The Cost Of Constructing Fast Ferry Terminal Facilities 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 the cost of constructing a fast ferry terminal approximately 56,000 square feet in size to provide facilities for U.S. Homeland Security border inspection of passengers and vehicles, as well as operations for the fast ferry including ticketing, baggage handling, departures, arrivals and offices, as well as commercial and retail space, 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 $899,550. The plan of financing includes the issuance of $170,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $660,000 in funds expected to be appropriated and received from the Federal Highway Administration and $69,550 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 $170,000 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 $170,000. 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.46 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

Page 63

TUESDAY, MARCH 11, 2003 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.

considered by the New York State Legislature. The legislation would authorize the parkland/open space alienation of a parcel within Genesee Valley Park. The alienation is required for the Brooks Landing development project, which will include an extended stay hotel and restaurant. The overall project will help to revitalize the Brooks/Genesee neighborhood commercial area and will offer a unique tourist opportunity along the NYS Erie Canal system. City Council previously approved a home rule resolution for this project on June 18, 2002. Following this approval, an amended version of the State legislation was filed in the Assembly, necessitating a second Council home rule resolution, which was approved at a Special Meeting on June 27. However, the State Legislature adjourned in 2002 without taking action on these items. The bills have been resubmitted in both the Assembly and the Senate for action in 2003. The alienation will involve 150,573 square feet of the site, a total of 3.457 acres. The area includes both dedicated parklands within Genesee Valley Park (approx. 2.1 acres), as well as a portion of adjacent City- owned vacant open space property, formerly a railroad right-of-way (approx. 1.4 acres). The City will rededicate as City parkland, approximately .46 acres of the 2.1 acres of alienated dedicated parkland once the project site plan has been completed and approved. The rededicated parkland will be located adjacent to the Genesee River for the entire length of the project development site. It will consist of a new public waterfront with enhanced public amenities, a new riverfront promenade, a new public boat landing and enhanced public access to the waterfront. The new waterfront developed within the rededicated parkland will connect to the existing river trail system. The resulting effective net total alienation will be approximately 3.0 acres for the project development site, including both the actual dedicated parkland and the City-owned vacant property. The appraised value of the 3.457 acres of land to be alienated, based on a $35,000 per acre value, is $120,995. The effective net total value of alienated parkland/open space after the approximate .46 acres is rededicated as City-owned parkland for the new public waterfront is $104,895, of which only $73,500 is for the dedicated parkland portion.

TO THE COUNCIL: Ladies and Gentlemen:

To compensate for the alienation, the City will dedicate as parkland an additional 19.5-acre parcel of Cityowned vacant land adjacent to Turning Point Park and the Genesee River. The appraised value of this 19.5-acre replacement parcel, based on a $5,000 per acre value, is $97,500. The extensive improvements to the public waterfront parkland at the rededicated portion of the Brooks Landing development site is additional compensation for the parkland alienation. Investments for these public parkland improvements are estimated at approximately $1,000,000.

Resolution No. 2003-9 Re: Home Rule Message - Genesee Valley Parkland Alienation

Respectfully submitted, William A. Johnson, Jr. Mayor

Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0.

R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is a home rule resolution relating to legislation that currently is being

Resolution No. 2003-9 (Int. No. 94) Resolution For the Purpose Of A Home Rule Message Regarding State Legislation Relative To Discontinuing The Use Of Certain Lands As Park Lands

Page 64 Concurring in the request by the Mayor of the City of Rochester to the Senate and Assembly of the State of New York pursuant to Article IX of the New York State Constitution to enact into law certain legislation in relation to discontinuing the use of certain lands as park lands. BE IT RESOLVED, by the City Council of the City of Rochester that said Council hereby concurs in the request of William A. Johnson, Jr., Mayor of the City of Rochester, to the Senate and Assembly of the State of New York, constituting the New York State Legislature, that said Legislation enact the legislation forth in the following bill entitled: AN ACT to authorize the City of Rochester to discontinue the use of certain lands as park lands Being Senate Bill No. S.1784-A and Assembly Bill No. A.4300. This resolution shall take effect immediately. Adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Santiago, Stevenson, Thompson - 7. Nays - None - 0. Councilmember Curran abstained vote because of the proximity of the parkland to his house. Councilmember Norwood abstained vote because he is an employee of the Assembly. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-64 Re: Plymouth-Exchange Neighborhood Trail Improvement Project R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation which will amend a prior ordinance relating to the Plymouth-Exchange Neighborhood Trail Improvement Project to change the authorized acquisition price for one property and to authorize acquisition of the properties by negotiation or condemnation.

TUESDAY, MARCH 11, 2003 responded to the Cityʼs offer, and the project has been bid and work is scheduled to begin as early as possible in the spring, the proposed legislation also includes authorization to acquire these parcels by negotiation or condemnation. In the event that either the property owner at 940 Exchange Street refuses to accept the revised offer, or that the property owner at 5 Flint Street refuses to accept the Cityʼs offer, the City will proceed to acquire by condemnation at the appraised values, as approved by Council on September 17, 2002. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-30 Ordinance No. 2003-64 (Int. No. 62) Authorizing Acquisitions By Condemnation For The Plymouth-Exchange Neighborhood Trail Improvements Project And Increasing An Acquisition Amount BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. In the event the following parcels and temporary easement for the construction and maintenance of municipal improvements as a part of the Plymouth-Exchange Neighborhood Trail Improvements Project, authorized for acquisition in Ordinance No. 2002-299, cannot be obtained through negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings: Property Address Reputed Owner

SBL#

940 Exchange St 121.77-01-09 Exchange Genesee Associates

Sq. Ft. 1,930

Pt of 5 Flint St 121.77-01-10 One Flint Street Associates 4,804.45 Pt of 5 Flint St 121.77-01-10 (Temp. Easement) One Flint Street Associates 2,156.42

On September 17, 2002, the Council authorized the acquisition of two parcels and one temporary easement for the construction of improvements as part of the aforementioned Trail Project, the cost of which was $6,019.50.

Section 2. The acquisition cost for 940 Exchange Street as authorized in Ordinance No. 2002-299 is hereby increased from $1,000 to $2,000, which increase shall also be funded from the 2000-01 Cash Capital Allocation.

The Law Department and the Division of Real Estate have recommended an increase in the authorized acquisition of one parcel. The recommendation reflects the results of negotiation and is based on consideration of probable litigation costs if the property has to be acquired through condemnation.

Section 3. This ordinance shall take effect immediately.

Address: 940 Exchange Street Current Authorized Price: $1,000 Revised Authorized Price: $2,000 If the cost of acquisition for the parcel is increased, the total cost will be $7,019.50. In addition, since the owner of 5 Flint has not yet

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1512 And Local Improvement Ordinance No. 1513 Re: Public Market Snow Removal and Security Services R2010: Campaign 3 - Health, Safety and Responsibility

Page 65

TUESDAY, MARCH 11, 2003 Campaign 4 - Environmental Stewardship Campaign 7 - Quality Service

5.09 Footage Footage Fee Total

Transmitted herewith for your approval is legislation approving the appropriations and assessments for snow removal and security services at the Public Market. The snow removal district was established by the City Council on May 22, 1990, while the security services district was established by the Council on August 13, 1991. Both districts include 18 properties that are adjacent to the Public Market. The Department of Parks, Recreation and Human 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. These assessments include (1) a fixed fee for each property and (2) an additional fee for each front foot of each property. Three of the properties are now owned by the City of Rochester. Although the portion of the assessment assigned to them was used for the determination of the total assessment, the sum of the three City-owned properties was subtracted from the total assessment levied as an efficiency measure. In 2003-2004 for snow removal services, the fixed fee will be $100 per property while the footage fee will be a “negative fee” of $.11 ($0.11) per foot. The total amount of assessment will be $1,617.14, which is $4,283.97 less than the 2001-2002 amount due to the extremely warm winter and snow removal costs for that time period.

1,662.34 1,662.34 $ 8,461.31 $ 8,461.31

Total Assessment

$26,281.31 $26,281.31

Less City Portion

$( 4,010.99) $( 4,010.99)

Adjusted Assessment

$22,270.32 $22,270.32

A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-31 Local Improvement Ordinance No. 1512 (Int. No. 63) 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, 2003 to June 30, 2004. 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 2003-04 year shall be $1,617.14. The amount to be assessed against each parcel shall include a fee of one hundred dollars ($100.) per parcel plus a credit of $0.11 ($0.11) per foot of frontage that receives plowing and/or salting services. 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:

Approved 2002-2003

Proposed 2003-2004

Fixed Fee Number of Properties Fixed Fee Total

$ 100.00 18 $1,800.00

$ 100.00 18 $1,800.00

Footage Fee .11) Footage Footage Fee Total

$

1,662.34 $4,056.11

1,662.34 $ (182.86)

Property Address SBL No.

Total Assessment

$5,856.11

$1,617.14

Less City Portion

$( 800.42)

Adjusted Assessment

$5,055.69

248 N. Union Street 106.660-0001-014 171 Railroad Street 106.670-0001-078 156 Public Market 106.670-0001-074 160 Public Market 106.670-0001-075 166 Public Market 106.670-0001-076 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 Avenue 106.590-0003-005.1

Snow Removal

2.44

$

(

(277.51) $1,339.63

For security services, the fixed fee will be $990 per property, while the front footage fee will be $5.09 per foot. The total amount of the assessment will be $26,281.31, which is the same as the 2002-2003 amount. Security

Approved 2002-2003

Fixed Fee 990.00 Number of Properties Fixed Fee Total

$

Footage Fee

$

990.00

Proposed 2003-2004 $

18 18 $17,820.00 $17,820.00 5.09

$

Front Footage 558.27 190.25 126.31 42.58 35.62 40 40 40 40 40 81.50

Page 66 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

TUESDAY, MARCH 11, 2003 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, 2003 and shall be due in one installment. Section 5. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. Local Improvement Ordinance No. 1513 (Int. No. 64) 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 fiscal year from July 1, 2003 to June 30, 2004. 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 half 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 2003-04 year shall be $22,270.32. The amount to be assessed against each parcel shall include a fee of nine hundred ninety dollars ($990.) per parcel plus five dollars and nine cents ($5.09) 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: Property Address SBL No. 248 N. Union Street 106.660-0001-014 171 Railroad Street 106.670-0001-078

Front Footage 558.27 190.25

156 Public Market 106.670-0001-074 160 Public Market 106.670-0001-075 166 Public Market 106.670-0001-076 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 Avenue 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

126.31 42.58 35.62 40 40 40 40 40 81.50 120 40 40 40 40 19.57 128.24

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, 2003 and shall be due in one installment. Section 5. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. By Councilmember Douglas March 11, 2003 To the Council: The Finance & Public Safety Committee recommends for adoption the following entitled legislation: Int. No. 65 - Cancellation Of Taxes And Charges Int. No. 66 - Amending And Restating The Deferred Compensation Model Plan For Employees Of The City Of Rochester Int. No. 68 - Authorizing Agreement With General Code Publishers Relating To The City Code And Amending The 2002-03 Budget Int. No. 75 - Establishing Maximum Compensation For A Professional Services Agreement For An Inter-

Page 67

TUESDAY, MARCH 11, 2003 governmental Cooperation/Consolidation Study

Administrative Total

116 144

36,185.75 $190,339.23

Int. No. 76 - Establishing Maximum Compensation For A Professional Services Agreement For A PoliceCommunity Relationships Study

These cancellations represent .092% of the tax receivables as of July 1, 2002.

Int. No. 77 - Establishing Maximum Compensation For A Professional Services Agreement For Technical Assistance In The Development Of Civil Services Examinations

Respectfully submitted, William A. Johnson, Jr. Mayor

Int. No. 78 - Authorizing Agreements For A Grant For Seat Belt And Child Safety Seat Usage And Amending The 2002-03 Budget Int. No. 79 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Graphic Design Services Int. No. 85 - Amending The 2002-03 Budget Int. No. 91 - Authorizing Agreements For The Weed & Seed Program The Finance & Public Safety Committee recommends for consideration the following entitled legislation: Int. No. 67 - Establishing Maximum Compensation For A Professional Services Agreement For Audit Services Int. No. 69 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Respectfully submitted, Benjamin L. Douglas Brian F. Curran Robert J. Stevenson Gladys Santiago FINANCE & PUBLIC SAFETY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-65 Re: Cancellation or Refund of Erroneous Taxes and Charges R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $30,860.31. An amount of $13,060.31, or 42.32% of the total, relates to one property that was purchased by a tax exempt organization and used primarily for a tax exempt purpose as of February 1, 2001. The property should have been exempt from general taxation commencing with the 2001 Final Assessment Roll. A total of $17,800.00 or 57.68% of the total, relates to one property which had code violations attributed to the former owner. The property was taken by a mortgage foreclosure action on September 3, 2002 and has been subsequently conveyed to HUD.

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. (a) This property was used for a qualifying tax exempt purpose as of February 1, 2001. It should have been tax exempt as of that date. S.B.L. # Class

Address Tax Year

Amount Canceled

105.830-0001-043 NH

506-510 Jay St. 2002 2003

$ 8,876.41

4,183.90 Subtotal

$13,060.31

(b) The property below was levied against for code violations against prior owner before a 9/02 mortgage foreclosure deed. The property was subsequently conveyed by foreclosing mortgagee to HUD. S.B.L. # Class

Address Tax Year

120.550-0003-042 H Subtotal

624 Chili Ave. 2003

Total

Amount Canceled $17,800.00 $17,800.00 $30,860.31

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: Ordinance No. 2003-66 Re: Deferred Compensation Plan R2010: Campaign 7 - Quality Service

Accounts

Amounts

Transmitted herewith for your approval is legislation approving an amended deferred compensation plan to comply with the restated version of the “Model Plan” as of January 1, 2003, and pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001, EGTRRA.

28

$154,153.48

Deferred compensation plans are intended to encour-

If this cancellation is approved, total cancellations thus far for 2002-03 will be $ 190,339.23. City Council

Ordinance No. 2003-65 (Int. No. 65)

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TUESDAY, MARCH 11, 2003

age and assist people in saving funds for their retirement. Establishment of such plans by employers is authorized by sections 401 (private employers) and 457 (public employers) of the U.S. Internal Revenue Code. Under such plans, an employee may elect to defer the receipt of a portion of his or her earnings. The amount deferred is not subject to federal or state taxes in the year that it is earned. Rather, it is subject to taxes in the year that it is received, usually upon retirement of the employee. Between these years, the amount deferred is invested. A deferred compensation plan for City employees was approved by the City Council on September 23, 1986. Amendments to this plan were approved by the Council on April 16, 1997, November 10, 1998, August 22, 2000, and March 19, 2002. Under the proposed additional technical amendment, the plan will be modified to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. These modifications, indicated in the attachment, generally provide for clarifying certain definitions pertaining to “includible compensation”, catch-up contributions, retirement age, and loan provisions. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-32 Ordinance No. 2003-66 (Int. No. 66) Amending And Restating The Deferred Compensation Model Plan For Employees Of The City Of Rochester WHEREAS, the New York State Deferred Compensation Board (the “Board”), pursuant to Section 5 of the New York State Finance Law (“Section 5”), and the Regulations of the New York State Deferred Compensation Board (the “Regulations”), has promulgated the Model Deferred Compensation Plan for Employees of the City of Rochester (the “Model Plan”) and offers the Model Plan for adoption by local employers; WHEREAS, the City of Rochester, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the City of Rochester; WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) as they apply to the Model Plan and to adopt modifications that update certain administrative provisions to accommodate prospective state-of-the-art methods and procedures; WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the City of Rochester has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the City of Rochester by adopting the amended and restated Model Plan,

NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester hereby amends the Deferred Compensation Plan for Employees of the City of Rochester effective January 1, 2003, by adopting the amended and restated Model Plan effective January 1, 2003, in the form on file with the City Clerk. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-67 Re: Publication of the City Code R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with General Code Publishers to publish reformatted versions of the City Charter and Code. The maximum cost of the proposed three-year agreement will be $94,500, which will be funded from the 2002-03 and future budgets of the City Council/City Clerk and the 2001-02, 2002-03, and future budgets of the Department of Community Development. The recent adoption of the new Zoning Code, which included many new charts, was the impetus to reformat the entire City Charter and Code. An interdepartmental review team that included representation from General Code explored the most efficient and economical means to publish these volumes. Numerous cities have adopted the 8 1/2 x 11 format because it enables larger charts, graphs, and maps to be printed on one page. Utilizing standard three-hole punched paper also reduces the cost of printing, production, and binding, and facilitates duplicating of individual pages. The volumes will continue to be published with blue binders with the City seal in white, and will include easier-to-use tab dividers. Additionally, the new Charter and Code will be published in three volumes instead of four. Volume I will be the Charter; Volume II will be the Code, except for the Zoning Code; and Volume III will be the Zoning Code alone. Volume II will contain a complete index, and Volume III will contain an index of the Zoning Code. The proposed agreement will provide 100 copies of the entire three-volume City Charter and Code in 8 1/2 x 11 format. It will also provide for continued maintenance of the City 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. General Code will deliver 100 volumes of the Zoning Code within sixty days following execution of the proposed agreement, and will subsequently prepare and publish 100 copies of the City Charter and the remaining sections of the City Code within seven months thereafter. The proposed agreement also provides for a continuation of the Cityʼs Code and Charter to be maintained on the Internet. The digital version of these documents will include several new jump-links that connect web

Page 69

TUESDAY, MARCH 11, 2003 users directly with related City documents, such as Rochester 2010: The Renaissance Plan. As part of this agreement, General Code will continue to work with the Cityʼs Law Department to ensure that the electronic and paper copies of these documents accurately reflect the laws as adopted. In addition, the agreement provides for the printing and delivery to the City on a quarterly basis of all revisions to the Code. The proposed legislation will also amend the 2002-03 Budget by transferring $24,900 from Contingency to the City Council/City Clerkʼs budget to fund that portion of the agreement. Respectfully submitted, Lois J. Giess President Ordinance No. 2003-67 (Int. No. 68) Authorizing Agreement With General Code Publishers Relating To The City Code And Amending The 2002-03 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 General Code Publishers to publish reformatted versions of the City Charter and Code of the City of Rochester and to provide for continued maintenance of the Charter and Code in paper and electronic versions. The agreement shall extend for three years. Section 2. The agreement shall obligate the City to pay an amount not to exceed $94,500, of which $24,900 shall be funded from the 2002-03 Budget of the City Council/City Clerk and $14,300 from the 2001-02 Budget of the Department of Community Development for the costs of reprinting the City Charter and Code. Section 3. The sum of $45,000 shall be funded from the 2002-03 and future budgets of the City Council/City Clerk for supplementation services and the sum of $10,300 shall be funded from the 2002-03 and future budgets of the department of Community Development for services specific to the Zoning Code. Section 4. Ord. No. 2002-218, the 2002-03 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $24,900 from Contingency to the Budget of the City Council/City Clerk to fund a portion of this agreement. Section 5. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 6. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-68 Re: Intergovernmental Cooperation/ Consolidation Opportunities

R2010: Campaign 5 - Regional Partnerships Transmitted herewith for your approval is legislation authorizing a professional services agreement with the Center for Governmental Research for an analysis of opportunities for intergovernmental cooperation and/or consolidation in Monroe County. The maximum cost of the agreement will be $15,000, which will be funded from the 2002-03 Budget of the Mayorʼs Office. The $15,000 represents a share of an estimated total project cost of $60,000. The remaining shares will be funded by Monroe County ($15,000) and various local business and institutional leaders, including Jasco Tools, the University of Rochester, Gleason Works, Bausch & Lomb, Lifetime Healthcare Cos., Pike Company, LeChase Construction, and M&T Bank ($30,000, total). The research project will be conducted under the aegis of the Monroe County Council of Governments (COG), and specifically the COGʼs Intergovernmental Cooperation Subcommittee. I serve on this subcommittee along with former Rochester Mayor Thomas Ryan, County Executive Doyle and the former Executive, Lucien Morin; the Supervisors of Pittsford, Gates, and Perinton; the Mayor of Fairport, a former member and President of the Monroe County Legislature; and a former New York State Supreme Court Judge. This subcommittee determined that a professional and impartial analysis of opportunities was necessary in order for it to consider and advance meaningful and practical proposals that would improve the administration of government in Monroe County. The Center for Governmental Research (CGR) was selected to conduct this study based upon its familiarity with local government issues and its expertise in undertaking such studies. CGR most recently undertook such a study in the City of Buffalo in 1997. The proposed study is scheduled for completion late in the Spring of 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-68 (Int. No. 75) Establishing Maximum Compensation For A Professional Services Agreement For An Intergovernmental Cooperation/Consolidation Study 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 The Center for Governmental Research, Inc. for a study of the opportunities for intergovernmental cooperation or consolidation in Monroe County. Said amount shall be funded from the 2002-03 Budget of the Mayorʼs Office. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Page 70

TUESDAY, MARCH 11, 2003

Ordinance No. 2003-69 Re: Police Procedural Analysis

be funded from the 2002-03 Budget of the Mayorʼs Office.

R2010: Campaign 3 - Health, Safety, and Responsibility Campaign 7 - Quality Service

Section 2. This ordinance shall take effect immediately.

Transmitted herewith for your approval is legislation authorizing a professional services agreement with the Center for Governmental Research (CGR) for an analysis of key policy and procedural matters pertaining to relationships that exist between the Cityʼs Police force and the community that it serves. The maximum cost of the agreement will be $39,500, which will be funded from the 2002-03 Budget of the Mayorʼs Office. In the aftermath of several serious and well-publicized incidents pertaining to the Rochester Police Department, I secured the volunteer services of a former Family Court Judge and an active member of the local clergy to examine various Police Department policy and procedural matters. Their considerations have reached the point at which it is advisable to have them further informed by impartial and professional research into both local and national perspectives on police-community relations. Under the proposed agreement, CGR will work with these volunteers and City staff to examine such matters as recruitment and screening of potential police officers; initial and on-going training of police officers; legal standards and community awareness of police and citizensʼ rights; internal and external procedures for examination and resolution of complaints about police conduct, etc. Rochester-specific issues will be examined through reviews of background materials and interviews and/or focus groups with elected officials, community leaders, law enforcement officials, members of the judiciary, and other stakeholders and resource people. The project will also encompass benchmarking of Rochester with other communities, review of model practices in other communities, and possible in-depth study of selected other communities. CGR was selected to conduct this study based upon its familiarity with the local community, including the law enforcement element of the community, and its expertise in research and analysis of public policy matters. The project will not entail re-examination or investigation of any of the specific incidents that gave rise to the project. CGR is scheduled to complete its work by the Summer of 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-69 (Int. No. 76)

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-70 Re: Professional Services Agreement Civil Service Examination Development R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with Nancy E. Abrams, Ph.D., of Fairport, New York, for the continued provision of technical assistance in the development of civil service examinations. The maximum cost of this agreement is $20,000, which will be funded from the 2002-03 Budget of the Bureau of Human Resource Management (BHRM). Dr. Abrams will provide services throughout the fiscal year as directed by BHRM. Work products anticipated include a Police Department promotional examination, review of test validation protocols, and training of BHRM staff. Dr. Abrams was selected based upon her familiarity with the testing and related needs of the City of Rochester and her expertise in the subject matter; she has provided similar services to the City since 1980. Her fee will be $875 per day. A copy of Dr. Abramsʼ resume is on file with the City Clerk. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-70 (Int. No. 77) Establishing Maximum Compensation For A Professional Services Agreement For Technical Assistance In The Development Of Civil Service Examinations BE IT ORDAINED, by the Council of the City of Rochester as follows: 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 Nancy E. Abrams, Ph.D. for the continued provision of technical assistance in the development of Civil Service examinations. Said amount shall be funded from the 2002-03 Budget of the Bureau of Human Resource Management.

Establishing Maximum Compensation For A Professional Services Agreement For A PoliceCommunity Relationships Study

Section 2. This ordinance shall take effect immediately.

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

Passed unanimously.

Section 1. The sum of $39,500, 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 Center for Governmental Research, Inc. for a study of the relationships between the Rochester Police Department and the community that it serves. Said amount shall

Ordinance No. 2003-71 Re: Mayorʼs Challenge to Buckle-Up

TO THE COUNCIL: Ladies and Gentlemen:

R2010: Campaign 3 - Health, Safety and Responsibility

Page 71

TUESDAY, MARCH 11, 2003 Transmitted herewith for your approval is legislation authorizing an agreement with the National Conference of Black Mayors for the receipt and use of a $100,000 grant to foster creation of community-based education and awareness-raising activities designed to increase seat belt and child safety seat usage among high risk populations, and amending the 2002-03 Police Department budget by its inclusion. The City of Rochesterʼs proposal was selected to receive this competitive award together with only five other recipients: Washington, DC, Detroit, MI, Houston, TX, Jackson, MS, and Inglewood, CA. Award recipients must use the funds to support local organizations and efforts to carry out outreach activities promoting seat belt and child safety seat usage within targeted populations. The funds may not be used directly for law enforcement purposes (e.g. overtime pay); however local law enforcement is expected to be part of the overall program through supportive and vigorous enforcement of existing traffic laws, especially those governing the use of seat belts and child safety seats. Under this proposal, Rochesterians Against Illegal Narcotics (R.A.I.N.) will mobilize and coordinate local outreach efforts by faith-based organizations, neighborhood health centers, college fraternities and sororities, settlement houses and neighborhood associations, and insurance agencies. Project activities will draw upon resources and utilize the staff talents of these service providers. The National Conference of Black Mayors, under a separate contract with a private research entity, will conduct a national evaluation. The approved project budget includes $15,150 to procure child safety seats, computer software, postage and printing; $3,500 for computer hardware; $21,350 for advertising; and $60,000 for consultant services to be provided by R.A.I.N. This organization was selected for its mission to help build healthy neighborhoods through increased citizen involvement and empowerment. Its mission is citywide in scope and practice. R.A.I.N. has demonstrated a long-standing commitment to improving public safety, including a successful track record of collaboration with the Rochester Police Department. It is anticipated that this project will begin in April, 2003 and continue until December, 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-33. Ordinance No. 2003-71 (Int. No. 78) Authorizing Agreements For A Grant For Seat Belt And Child Safety Seat Usage And Amending The 2002-03 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 National Conference of Black Mayors for funding for education and outreach activities designed to increase seat belt and child safety seat usage among high risk populations. Section 2. The Mayor is hereby further authorized to enter into an agreement with Rochesterians Against

Illegal Narcotics for education and outreach activities designed to increase seat belt and child safety seat usage among high risk populations. The agreement shall obligate the City to pay an amount not to exceed $100,000, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Rochester Police Department. Section 3. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2002-194, the 200203 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 $100,000, which amount is hereby appropriated from the grant authorized herein to fund education and outreach activities designed to increase seat belt and child safety seat usage among high risk populations. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-72 Re: Amendatory Agreement - Graphic Design R2010: Campaign 7 - Quality Services Transmitted herewith for your approval is legislation authorizing an amendatory professional services agreement with T. Paula Deacon, 235 Curtice Park, Webster, N.Y., for graphic design services performed under the direction of the Bureau of Communications. The initial contract for Ms. Deaconʼs services was executed in October 2002, in the amount of $10,000, a level of funding that did not require City Council authorization. The cost of the proposed agreement will be an additional $10,000, which will be funded from the Undistributed account of the 2002-03 Budget. Ms. Deaconʼs services are required to supplement the in-house capabilities of the Bureau of Communications and to meet workload demands of the organization. Ms. Deacon was selected based upon her expertise in work of the type required by the Bureau and her familiarity with the design software utilized by the Bureau. Ms. Deacon will continue to be compensated at a rate of $21.25 per hour. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-72 (Int. No. 79) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Graphic Design Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $10,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement with T. Paula Deacon for graphic design services as required by the Bureau of Communications. Said amount shall be funded from

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TUESDAY, MARCH 11, 2003

the 2002-03 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-73 Re: 2002-03 Budget Amendment Salary And Wage Increase And Capital Expenditures R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation amending the 2002-03 Budget as follows: 1. The transfer of $5,812,300 from the Contingency account to various department budgets as required for the salary and wage increases incurred through binding arbitration and negotiations. 2. The transfer of $274,000 from the Contingency account to the Cash Capital account to fund land acquisition for development of market rate housing, installation of exhaust ventilation systems in fire stations, and the purchase of five defibrillators to be located in City facilities. On June 18, when the 2002-03 Budget was adopted by the City Council, salary and wage rates had not yet been established for the employees represented by the American Federation of State, Police Locust Club, County and Municipal Employees (AFSCME), the Civilian Bargaining Unit of the Rochester Firefighters Association (I.A.F.F.), the employees included in the Administrative, Professional and Technical (APT) classification, and non-full time employees. As a result, a provision for possible increases was included in the Contingency account. Since that time, labor agreements have been negotiated with AFSCME and I.A.F.F. and rate increases have been authorized for APT and non-full time employees. For 2002-03, the AFSCME agreement provides for a salary increase of 2.5%. The authorized increase for APT and non-full time employees is also 2.5%. Also, the interest arbitration process completed in September 2002 with the Police Locust Club resulted in a four-year award effective from July, 2001 to July 30, 2005 including a 3% salary increase for each of the years and a $500 annual clothing allowance. The incremental costs incurred in 2002-03 as a result of the above negotiations and authorizations will be $5,812,300. AFSCME Negotiation APT employees Non-full time Salary Benefits - Undistributed Subtotal

$1,162,600 639,500 129,300 192,200 $2,123,600

Locust Club Settlement Salary Benefits - Undistributed

$3,237,400 451,300 $3,688,700

The costs described above will be financed through the following proposed appropriation transfers from the contingency account to the following departments: Administration:

Mayorʼs Office NET Budget & Efficiency Human Resource Management Communications Law City Council & Clerk Community Development Economic Development Emergency Communications Environmental Services Finance Fire Library Parks, Recreation & Human Services Police Undistributed Expense Total

$

49,100 86,300 16,800 43,300 15,200 38,400 34,400 119,000 36,700 166,400 707,400 147,200 33,800 51,900 226,300 3,396,600 643,500 $5,812,300

The requested transfer to Cash Capital is to fund three items. 1. $144,000 to fund vehicle exhaust ventilation systems for reserve apparatus in fire stations. This equipment attaches to the apparatus muffler and disperses the exhaust outside the fire houses. Currently, these units are only in first response bays. 2. $100,000 to fund land acquisition associated with the development of market-rate housing in the East End; it would enable the physical connection of Richmond Street to the East End. 3. $30,000 to fund the purchase of five defibrillators to be located in City facilities. The defibrillators will be installed at locations determined by the Fire Department. While the City is not required to install these defibrillators, the benefit of access to such equipment is widely understood. Additional defibrillators will be purchased as funds become available. After the appropriation transfers, the balance in the Contingency account will be $950,600. Original Appropriation $7,601,700 Less: Previous Transfers Security Assessment of City Facilities (20,200) Attorney Position in Law Department (44,600) Subtotal $7,536,900 Less: Proposed Transfers (6,086,300) Remaining Balance $1,450,600 This balance will be the source of funds for any future unexpected or emergency expenditures that are required during the remainder of the fiscal year. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-34 Ordinance No. 2003-73 (Int. No. 85) Amending The 2002-03 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 2002-03 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $5,812,300

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TUESDAY, MARCH 11, 2003 from the Contingency Account to the following budgets to fund salary and wage increases: City Council & Clerk Administration: Mayorʼs Office NET Budget & Efficiency Human Resource Management Communications Law Finance Community Development Economic Development Environmental Services Emergency Communications Police Fire Library Parks, Recreation & Human Services Undistributed Expense Total

$

34,400

49,100 86,300 16,800 43,300 15,200 38,400 147,200 119,000 36,700 707,400 166,400 3,396,600 33,800 51,900 226,300 643,500 $5,812,300

Section 2. Ordinance No. 2002-194, the 2002-03 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $274,000 from the Contingency Account to the Cash Capital Allocation to fund the following: Vehicle Exhaust Ventilation Systems East End Land Acquisition Defibrillators Total

$144,000 100,000 30,000 $274,000

Section 2. This ordinance shall take effect immediately. Passed unanimously.

Total

$275,000

Northeast (Sectors 9 & 10) RPD - Investigation & prevention of violent crimes in public housing Rochester Police Department - David Kennedy Pathways To Peace Safe Haven Sector Community Grants Community Technology NET Travel Personnel Supplies Administration Total

$ 50,000 60,000 19,614 25,000 20,500 40,000 1,500 15,000 25,000 10,786 7,600 $275,000

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-74 (Int. No. 91) Authorizing Agreements For The Weed & Seed 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 United States Department of Justice, Office of Justice Programs, for funding under the Weed & Seed Grant Program. Section 2. The Mayor is hereby further authorized to enter into such additional agreements as may be necessary to implement the Weed & Seed Grant Program.

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-74 Re: Weed & Seed Initiative R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation authorizing an agreement with the U.S. Department of Justice for receipt and use of a supplemental grant of $550,000 under the Weed and Seed Initiative. The program, which was expanded in 2001, is designed to support both anti-crime efforts (weed) and projects that prevent crime by improving neighborhood conditions (seed). In Rochester, the program will be operated in Sectors 3, 4, 9 and 10.

Section 3. The agreements shall obligate the City to pay amounts not to exceed $550,000 as set forth in the budget for the Weed & Seed Grant Program, and said amount, or so much thereof as may be necessary and not yet appropriated, is hereby appropriated from Weed & Seed Grant Program Funds. Section 4. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately. Passed unanimously.

The grant will support the following programs:

TO THE COUNCIL Ladies and Gentlemen:

Southwest Area (Sectors 3 & 4)

Ordinance No. 2003-75 Re: Annual Audit - Deloitte & Touche LLP

RPD - Investigation & prevention of violent crimes in public housing RPD Drug Enforcement Details Pathways To Peace Teen Court NET Safe Haven Sector Community Grants Leadership Development Travel Personnel Supplies Administration

$ 50,000 30,000 19,614 30,000 10,000 25,000 20,000 40,000 15,000 25,000 6,000 4,386

Transmitted herewith for your approval is legislation authorizing an agreement with Deloitte & Touche LLP, 2200 Chase Square, for the annual independent audit of the financial statements of the City and the City School District. The maximum cost of the agreement will be $464,000, which will be financed from the 2003-04 and future budgets of the City Council and the City School District. An annual independent audit is required by Section 6-24 of the City Charter. Historically, this audit has been performed by a nationally recognized account-

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TUESDAY, MARCH 11, 2003

ing firm to ensure acceptance of the audit results by the national financial community (e.g., the municipal bond market). Council authorized the current agreement for the audit, by Deloitte & Touche, on February 17, 1998. Proposals for the audit of future fiscal years were solicited in December 2002. In addition to the City and the City School District, each firm was asked to provide quotes for three other entities related to but structurally independent of the City: REDCO, the Economic Development Zone (EDZ), and the Cultural Center Commission (CCC). Two proposals were received with costs for the two main audits as follows: Firm

Basic Three-Year Contract

Optional Two-Year Extension

Total

Deloitte & Touche $271,500 $192,500 $464,000 KPMG 250,624 191,359 441,983 In comparison, the current five- year audit with Deloitte & Touche had a total cost of $267,100. Deloitte & Touche will be engaged simultaneously by the other three entities to undertake their audits. The five-year costs for those entities will be: REDCO

$96,000 plus $17,000 for potential single audit costs

EDZ

$0 (will be included as a supplemental schedule to REDCO)

CCC

$63,500

The hourly rate for additional audit work during this period, if needed, ranges from $90 to $102 for Deloitte & Touche and $170 to $204 for KPMG. In comparing total costs for all of the audits, Deloitte & Touche offers a marginally lower total cost than KPMG, $640,500 to $640,752. Deloitte & Touche is being recommended because of overall comparable cost and the facts that the Deloitte & Touche partner in charge of the audit is located in Rochester while KPMGʼs is located out of town. The proposed agreement will have a basic term of three years with provisions for two one-year renewals. Respectfully submitted, Lois J. Giess President Ordinance No. 2003-75 (Int. No. 67) Establishing Maximum Compensation For A Professional Services Agreement For Audit Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $464,000, 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 Deloitte & Touche LLP for annual independent audits of the financial statements of the City and the City School District and for special audits and/or services as requested by the City, for a term of three years, with provision for two one-year renewals. Of said amount, $272,000 shall be funded from the 2003-04 and subsequent Budgets

of the City, and $192,000 shall be funded from the 2003-04 and subsequent Budgets of the City School District, contingent upon approval of said budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1514 Re: Local Improvement Ordinance Special Assessment Districts R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation which will establish the 2003-04 budgets for the following special assessment districts: District 2003-04 2002-03 Variance Norton Street Urban Renewal Cascade Historic

2815 3500

2815 3500

0 0

Norton Street The Norton Street district was established by the Council on May 12, 1998, to finance the annual cost of maintenance of the enhancements that were included in the Norton Street Urban Renewal Project (14621 Industrial Park). These enhancements included special sidewalks, signage and landscaping. The district includes nine properties. The cost of maintenance is apportioned among these properties based upon the front footage of the properties. Cascade The Cascade district was established by the Council on February 16, 1999, to finance the annual costs of maintenance of the special landscaping that was included in the Cascade Historic District Improvement Project. This landscaping included a berm on the north side of Cascade Drive and decorative tree grates and planters. In 2001, special benches and a clock were also installed in the district. The district includes 29 properties. The cost of maintenance is apportioned among these properties based upon the front footage of the properties. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Local Improvement Ordinance No. 1514 (Int. No. 69) 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

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TUESDAY, MARCH 11, 2003 the operation and maintenance of special assessment districts for streetscape enhancements during 200304: Streetscape District Cascade Historic Norton Street Urban Renewal

Amount

LIO

$3,500.00 1430 2,815.00 1421

Section 2. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. By President Giess March 11, 2003 To the Council: The Committee of the Whole recommends for adoption the following entitled legislation: Int. No. 53 - Local Law Amending The City Charter With Respect To Conflicts Of Interest Due To Positions With The Rochester City School District The following entitled legislation failed in committee: Int. No. 71 - Local Law Amending The Rochester City Charter With Respect To Restrictions As To Holding Office Or Position Int. No. 72 - Local Law Amending The Rochester City Charter With Respect To Restrictions As To Holding Office Or Position Respectfully submitted, Lois J. Giess Gladys Santiago Brian F. Curran Benjamin L. Douglas (Voted against Int. No. 53.) Nancy K. Griswold Tim O. Mains (Voted against Int. No. 53.) Wade S. Norwood Robert J. Stevenson (Voted against Int. No. 53.) Tony M. Thompson COMMITTEE OF THE WHOLE Received, filed and published. TO CITY COUNCIL: Local Law No. 4 Attached is a proposed amendment to Section 2-17 of the City Charter. The purpose of the amendment is to make it clear that a person may not serve as a member of the City Council while at the same time being an employee of the Rochester City School District. Because this would potentially affect the eligibility of individuals to hold office, it is drafted to be effective on April 1, 2003 and to be applicable to persons whose term of office commences after that date. This amendment extends the policy already contained in Section 2-17 of the City Charter, which prohibits any person from holding two City offices. Although the Rochester City School District is a

separate municipal corporation, it is also a fiscally dependent school district under State law. The annual budget of the RCSD must be approved by the City Council, which has the power to increase or decrease that budget. The City Council also is responsible for authorizing all capital borrowing for the RCSD, all real estate purchases and a variety of other actions that in effect put the Council in the role of providing both oversight and financial support to the RCSD. During the 2001-02 fiscal year the Council dealt with RCSD legislation at nine out of our twelve regular meetings. The City Council this year approved over $126 million in City funds for the RCSD and over 70% of our property tax levy is for school purposes. Because these two governments are so deeply involved with each other, it is essential to establish and maintain clear rules to avoid conflicts of interest. The recent case presented to the City Board of Ethics involving a Council member who became an employee of the RCSD has underscored the fact that serious ethical and policy issues are unavoidable when one person serves in two such different capacities in these two related governments. Our intent in proposing this amendment is to make a clear policy that will avoid such conflicts of interest in the future and will also allow all individuals to know with certainty what is and is not permitted. This proposed amendment will not prohibit any person from seeking employment with the RCSD, nor will it prohibit anyone from seeking elected office. However, it will make it clear that one person cannot do both at the same time, and that a person who finds himself or herself in such a position will have to make a choice between the two positions. We believe that this amendment would supplement the existing conflict of interest provisions of the City Ethics Law and would serve the public interest by avoiding uncertainty about this policy in the future. Sincerely, Brian F. Curran Nancy K. Griswold The following is a copy of the two-page memo from the Mayor, that accompanied the legislation certification for Introductory No. 53. The Mayor signed the legislation. Inter-Departmental Correspondence To: From: Date: Subject:

Carolee Conklin, City Clerk William A. Johnson, Jr., Mayor April 1, 2003 Local Law No. 4

Enclosed with this memorandum is my approval of Local Law No. 4. This Law was voted upon by the City Council on March 11, 2003, and it passed by the vote of six (6) members in favor and three (3) opposed. It was presented to my Office on March 12, 2003. Following the publication of the required notice, I conducted a public hearing on this Law on March 26, 2003, and heard from 13 speakers. Several other persons not present at the hearing also made known to me through direct and indirect means their feelings and opinions about the Law. Most persons doing so voiced opposition to Local Law No. 4. Although it is not required, I elect to indicate with this memorandum my reasons for approving Local Law No. 4. I do so in light of the high visibility and controversy associated with it and in acknowledgment of the responsibility of public officials to be

Page 76 accountable for their actions. Other options were, of course, available to me. In accordance with Section 5-8. B. of the City Charter, I could have approved it without stating any reasons for doing so. I could have neither approved nor disapproved it and allowed it to become law after thirty days from its presentation to me. Finally, I could have disapproved it and returned it with a statement of objections for reconsideration by City Council, notwithstanding the fact that the two-thirds approval margin of the initial vote on March 11, 2003, indicated that the legislation could subsequently become law despite any objections that I might present. The seemingly benign language of Local Law No. 4 (“Amending the City Charter with respect to conflicts of interest due to positions with the Rochester City School District”) masks what is truly a painful and distressing situation, namely the impact that it will have on a highly respected and long-serving colleague, Mr. Tim O. Mains. Although it will not be immediately felt, it will in due course compel Mr. Mains to cease simultaneous possession of a seat on City Council and employment by the Rochester City School District. Many of the speakers from whom I have heard have lauded the integrity, passion, and significant contributions of Mr. Mains. I agree with all that was stated in that vein and could contribute accolades and superlatives of my own regarding his distinguished record of public service. I reject the notions, however, that this legislation is targeted at Mr. Mains and is personal in nature. The relationships among the City Administration, the City Council, and the Rochester City School District are among the most complex and most critical matters of local public policy. It is beyond dispute that the single largest annual allocation of City of Rochester funds (presently $126.1 Million) is for public education. It is equally beyond dispute that the City Council has the ultimate power to determine the size of the allocation, as the amount is embedded in the City Charter (Section 3-9.1.A.), a law which can only be changed by a vote of Council. It is clear on its face that a potential conflict is inherent in oneʼs possessing no less than an 11% influence on a body that has direct control over approximately 25% of the budget of oneʼs employer. Some have recommended that a dual-serving Council memberʼs public acknowledgment of his / her status and periodic recusal from votes directly involving School District matters would be a sufficient cure for the conflict of interest presented by simultaneously holding a Council seat and School District employment. The overwhelming magnitude of the allocation for the District relative to the balance of the Cityʼ s budget (the Districtʼs allocation is almost 27% of the annual gross City budget), the seemingly insatiable demand for resources historically exhibited by the District, and the “zero-sum” nature of budgeting limited municipal resources makes such an alternative unacceptable. A Council member seeking to serve in such a fashion would be precluded not just from those matters directly and specifically addressing the District. Virtually any vote to approve contracts, appropriate funds, or specify priorities could be construed as posing a real conflict, in that resources dedicated to other than educational purposes would not be available for dedication to the District. The “citizen legislator” so laudably spoken of by opponents of Local Law No. 4 would be so neutered and nullified through recusals as to become a spectator, not a participant, in the affairs of Council. A reasonable question has been raised over the level of

TUESDAY, MARCH 11, 2003 employment within the District at which holding dual roles becomes problematic. Because of the vagaries of authority and responsibility associated with any given position within the District, I defer to the wisdom of the Council in electing to bar all employees. I cannot determine a reasonable alternative that would not be subject to endless analysis and revisitation. Much has also been made of the “disenfranchisement” of District employees from their rights to participation in the political process. In excess of 6,000 persons, it has been asserted, would be denied these rights. In rebutting the factual inaccuracy of this assertion, one comes upon a larger truth germane to this matter. The assertion fails to acknowledge that a substantial number of City School District employees (and an incalculable number of other persons) are presently prohibited from being members of City Council in that they fail to meet the residency requirements of the City Charter (Section 5-2, which states in pertinent part, “ ... shall be electors and shall have resided in the City for not less than two years preceding their election.”) The larger truth illuminated by this is that it is entirely consistent with past practice and prudent judgement for the Council, through its creation and modification of the City Charter, to establish reasonable limitations and restrictions on membership on the City Council. I conclude that City Council has properly exercised its authority and responsibility in addressing a matter of significance by the enactment of Local Law No. 4 of 2003. As indicated by my execution of the form herewith being returned to you, I approve this legislation. enclosure c: Members of City Council W. Sullivan, Chief of Staff (Council) Local Law No. 4 (Int. No. 53) Local Law Amending The City Charter With Respect To Conflicts Of Interest Due To Positions With The Rochester City School District 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 the Section 2-17 thereof, Restrictions as to holding office or position, by adding to the end of the first paragraph thereof the following new paragraph: No person who is an officer or employee of the Rochester City School District shall serve as Mayor or a member of the City Council. An officer or employee of the Rochester City School District must vacate said office or employment prior to the effective date of his or her position as Mayor or member of the City Council, or the City office becomes vacant. If the Mayor or a member of the City Council accepts an office or employment with the Rochester City School District, the City office becomes vacant. Section 2. This local law shall take effect on April 1, 2003, and shall apply to persons whose term of office as Mayor or a member of the City Council commences on or after said date. Passed by the following vote:

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TUESDAY, MARCH 11, 2003 Ayes - President Giess, Councilmembers Curran, Griswold, Norwood, Santiago, Thompson - 6. Nays - Councilmembers Douglas, Mains, Stevenson - 3. TO CITY COUNCIL: Introductory No. 71 And Introductory No. 72 Attached are two proposed amendments - one to Section 2-17 and the second to Section 5-4 of the City Charter. These amendments are intended as companions to Introductory 53, introduced by Councilmem-bers Curran and Griswold on February 14, 2003. Introductory 53 asks that we treat City School District employees as though they were city employees - extending the same prohibition from service on City Council (and Mayor) to anyone who works at any level within the Rochester City School District. The action proposed in Introductory 53 is unprecedented. It appears to be an effort to terminate the establishment of any precedent for a member holding two public service positions - one in city government and one in city schools. Actually, that proposal establishes an even more dangerous precedent - having council remove from the public its right to elect people for whom they have faith and confidence, even if those candidates hold positions that might impact their deliberations on City Council. I do not believe this is Councilʼs responsibility. Indeed, I am not even sure it is within our power. Since, however, a number of Councilmembers stand ready to travel down this dangerous path, I believe it is incumbent on us to avoid an overly narrow view when attempting to define conflicts of interest, a topic about which I have learned much over the past several months. To that end, the attached amendment details and prohibits a number of potentially dangerous conflicts: • Since the bonds of marriage and family are, for most of us, much stronger than the bonds of employment, the attached amendment extends the existing prohibition that office holders not work for the city to bar spouses and dependents from city employment as well. Can a sitting City Councilmember fairly evaluate the operation of a city department if his or her spouse or daughter worked there? Should we not be certain to bar the potential that a Councilmemberʼs son could be a Rochester City Firefighter or a daughter could be selected City Assessor? Relatives of City employees could certainly run for Council or Mayor, but if elected, their relative would have to vacate his or her position in City government. And if a sitting office holder chose to support a relativeʼs selection to a City position, it would force him or her from office. The notion of recognizing the potential conflicts created by the activities of spouses and dependents (as well as by office holders themselves) is consistently applied to these additional areas: • Employees of the Rochester Housing Authority, since Council authorizes their pay scales. • Members of the Cultural Center Commission (excepting ex-officio members), because we approve the commissionʼs annual budget. The Commission has broad authority for the development of remaining properties within the

Cultural District. • Employees of any federal, state, county, town or village officer, board, body, branch, agency, department, bureau or authority. The City of Rochester is not an island, but an interdependent public corporation. In our current budget, 24% of our revenue stream flows from other governments (56% if you count sales tax revenue as an intergovernmental revenue). Over the past three years we have received $254,155,125 in revenue from the federal, state, and other local governments ($586,352,200 if you include sales tax revenues). The Cityʼs current arrangement with the Monroe County Water Authority for the partial reimbursement of water main repairs has contributed $6.7 million to the city over just the last five years of this 30-year agreement (which will expire in 2008). We often share policy concerns in a common arena with other levels of government, and our positions on those policies can be at odds with other public entities. Take recent disputes with RGRTA over the fast ferry as an example. • Officers and employees of private profit and/or not for profit entities that do business with the city. We certainly should avoid the appearance that we are steering business to a particular company or agency simply because they have a direct or familial connection to City government. In the past four years we have sent a total of $7,466,247 to these organizations connected in some way to City Councilmembers, the mayor or their family members: -

American Red Cross Catholic Family Center Ibero-American Action League University of Rochester Urban League YWCA

$155,503 953,760 121,196 657,584 5,277,947 300,257

• Officers, employees, contractors, agents, or legal counsels of any public employeeʼs union. The nature of unions is to stick together. I should know, I have enjoyed the protections of a collective bargaining agent my entire adult working life. That affinity crosses organizational lines. Key players in one union take notice of the concerns of their brothers and sisters in other unions. This prohibition, however, does not apply to a member, but to an agent or leader for a public employee union. We must be able to have the people who approve the Cityʼs collective bargaining agreements free from bias. • Anyone who has a direct contract to supply goods or services to the City. This is a small step removed from actual City employment. We should never allow the public to suspect that someone secured a contract to supply goods or services simply because he or she (or one of their family members) is a City policy maker. • Any individual, member of a partnership, member of a Limited Liability Company, officer of a corporation, or person who otherwise holds an equity interest in any entity that owns city real estate valued at more than a $1 million. The potential of remaining fair and impartial when reviewing or establishing tax rates and/or tax policy would be difficult for a large land owner or someone who had a key stake in such holdings.

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• Any person who is a registered lobbyist with the New York Temporary State Commission on Lobbying. Lobbyists must spend large amounts of time in Albany. Full time lobbyists could be out of town as much as four or five days each week of the legislative session; some actually take up residence in our state capital. In addition to keeping such persons out of touch with constituents and unavailable for meetings, there is most certainly the risk that a lobbyist may find himself or herself working to pass legislation that could be at odds with the Cityʼs own legislative agenda. Since New York State Law forbids us from legislatively removing a duly elected official, the provisions of the first item in this submission is prospective; it would have no effect on any councilmember who might currently experience one or more of these potentially conflicting situations. The remedy for any of these nine prohibitions would mirror the remedy proposed by Curran and Griswold in Intro 53. The second amendment (to section 5-4) ignores the issues of what one does outside of council service. Instead, it establishes a standard for attendance at council meetings and work sessions. Persons missing four consecutive meetings due to outside commitments or for any other reason would forfeit their right to serve. Both amendments would have the same effective date of April 1st as a warning to anyone weighing the potential of running for city office this year. Respectfully Submitted, Tim O. Mains Introductory No. 71 LOCAL LAW AMENDING THE ROCHESTER CITY CHARTER WITH RESPECT TO RESTRICTIONS AS TO HOLDING OFFICE OR POSITION BE IT ENACTED, by the City 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 2-17 thereof, captioned “Restrictions as to holding office or position” as follows: (a) The first sentence of Section 2-17 is amended in its entirety to read as follows: “No person may at the same time hold more than one (1) city office and no person may hold a city office if, at the same time, the spouse or any legal dependent of such person holds a city office, and (i) upon the acceptance of a second office by a person, the first office held by such person becomes vacant, and (ii) upon the acceptance of an office by a person or such personʼs spouse or legal dependent, as the case may be, at the same time that a person or such personʼs spouse or legal dependent, as the case may be, holds a city office, the office first in time held by a person, or such personʼs spouse or legal dependent, as the case may be, becomes vacant.” (b) A new paragraph immediately following the first paragraph of Section 2-17 is added to provide as follows: “No person who, and no person whose

spouse or any legal dependent who: (i)

is an officer or employee of the Rochester Housing Authority;

(ii)

is a member of the Cultural Center Commission (excepting solely, however, any city officer who serves as an “ex-officio” member thereof);

(iii) is employed by any federal, state, county, town or village office, board, body, branch, agency, department, bureau or authority; (iv) is an officer or employee of any private for-profit or not-for-profit entity having a contract for the provision of goods and/or services to the City; (v)

has a contract directly with the City for the provision of goods and/or services;

(vi) is an officer, employee, contractor, agent or legal counsel (either as an employee or independent contractor) of or to any public employeesʼ union or any bargaining unit thereof; or (vii) is a registered lobbyist in New York State; or (viii) is a member of a partnership, a member of a limited liability company, an officer of a corporation or any other individual who holds an equity interest either alone or through another entity that owns real property in the City having an assessed valuation, pursuant to the then most recent final assessment roll, in excess of One Million Dollars in any one instance or in the aggregate shall serve as Mayor or a member of the City Council. Any such person must vacate or terminate such office, employment, membership, contractor position, registered lobbyist status, or legal counsel position, as the case may be, or transfer ownership of any such property or interest prior to the effective date of his or her position as Mayor or member of the City Council, or such City office becomes vacant. If the Mayor or a member of City Council accepts any such office, employment, membership, registered lobbyist status, contractor position or legal counsel position or ownership of such property, the City office shall become vacant. Section 2. This local law shall take effect on April 1, 2003, and shall apply to any person whose term of office as Mayor or as a member of City Council commences on or after such date. Item failed in committee. (Councilmember Mains moved to act on Introductory No. 71. The motion failed for lack of a second.) Introductory No. 72

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TUESDAY, MARCH 11, 2003 - MONDAY, MARCH 31, 2003 LOCAL LAW AMENDING THE ROCHESTER CITY CHARTER WITH RESPECT TO RESTRICTIONS AS TO HOLDING OFFICE OR POSITION BE IT ENACTED, by the City 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 5-4 thereof, captioned “Vacancies on the Council” by adding the following sentence to the beginning of such Section immediately preceding the existing first sentence: “Any member of City Council who fails to attend four (4) consecutive regularly scheduled meetings of the City Council shall be deemed to have vacated his or her office and the provisions of this Section 5-4 shall apply with respect to such vacancy.” Section 2. This local law shall take effect on April 1, 2003. Item failed in committee. (Councilmember Mains moved to act on Introductory No. 71. The motion failed for lack of a second.) The meeting was adjourned at 8:55 P.M. CAROLEE A. CONKLIN City Clerk *****

SPECIAL COUNCIL MEETING MARCH 31, 2003 Present - President Giess, Councilmembers Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 7. Absent - Councilmembers Curran, Mains - 2. 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: Resolution No. 2003-10 Re: Home Rule Message - Genesee Valley Parkland Alienation R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is a home rule resolution relating to amended legislation that currently is being considered by the New York State Legislature. The legislation would authorize the parkland/open space alienation of a parcel within Genesee Valley Park. The alienation is required for the Brooks Landing development project, which will include an extended stay hotel and restaurant. The overall project will help to revitalize the Brooks/Genesee neighborhood commercial area and will offer a unique tourist opportunity along the NYS Erie Canal system. City Council previously approved a home rule resolution for this project on March 11, 2003 and June 18, 2002. Following the most recent approval, an amended version of the State legislation was filed in the Assembly, and a companion to it in the Senate. Originally, the alienation involved 150,573 square feet of the site, a total of 3.457 acres. The area includes both dedicated parklands within Genesee Valley Park (approx. 2.1 acres), as well as a portion of adjacent

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MONDAY, MARCH 31, 2003 - TUESDAY, APRIL 8, 2003

City- owned vacant open space property, formerly a railroad right-of-way (approx. 1.4 acres).

REGULAR MEETING APRIL 8, 2003

The City planned to rededicate as City parkland, approximately .46 acres of the 2.1 acres of alienated dedicated parkland once the project site plan has been completed and approved. The rededicated parkland will be located adjacent to the Genesee River for the entire length of the project development site. It will consist of a new public waterfront with enhanced public amenities, a new riverfront promenade, a new public boat landing and enhanced public access to the waterfront. The new waterfront developed within the rededicated parkland will connect to the existing river trail system.

Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 9.

In reviewing the Cityʼs request, the Assembly has required a change to the original proposal by removing from the proposed alienation the portion of the parkland encompassing .46 acres that was to be rededicated after construction. There will be no net impact on the project as a result of this change. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-10 (Int. No. 142) Resolution For the Purpose Of A Home Rule Message Regarding State Legislation Relative To Discontinuing The Use Of Certain Lands As Park Lands Concurring in the request by the Mayor of the City of Rochester to the Senate and Assembly of the State of New York pursuant to Article IX of the New York State Constitution to enact into law certain legislation in relation to discontinuing the use of certain lands as park lands. BE IT RESOLVED, by the City Council of the City of Rochester that said Council hereby concurs in the request of William A. Johnson, Jr., Mayor of the City of Rochester, to the Senate and Assembly of the State of New York, constituting the New York State Legislature, that said Legislation enact the legislation forth in the following bill entitled: AN ACT to authorize the City of Rochester to discontinue the use of certain lands as park lands Being Senate Bill No. S.1784-B and Assembly Bill No. A.4300-A. This resolution shall take effect immediately. Adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Santiago, Stevenson, Thompson - 6. Nays - None - 0. Councilmember Norwood abstained vote because he is an employee of the Assembly. The meeting was adjourned at 5:25 P.M. CAROLEE A. CONKLIN City Clerk *****

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, by Cub Scout Pack 37 from St. John Church. Recognition Ceremonies: Award New York Association of Consulting Engineers (NYACA) Gold Award Retirement: Isaac Malone, DES *Evelyn Baez, RPD *Robert Crandall, RFD *Robert Watters, RFD *Not attending meeting. APPROVAL OF THE MINUTES By Councilmember Thompson RESOLVED, that the minutes of the Regular Meeting of March 11, 2003, 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. 3712-7 The Director of Zoning submits Notices of Environmental Determination. 690 Park Avenue. 3713-7 18.5 King Street. 3714-7 296 Flower City Park. 3715-7 Brooks Landing. 3716-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. By President Giess - Petition submitted with 180 signature expressing concern about boomboxes and noise. Petition No. 1602 THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Approving The Urban Renewal Plan For The Brooks Landing Urban Renewal Project Int. No. 106 Six speakers: George McDade, Douglas Holleley, Adam McFadden, Dana Miller, John DeMott, and Fred Hagan. Changing The Zoning Classification Of Parcels In The Brooks Landing Area From C-2 Community Center And O-S Open Space To Brooks Landing

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TUESDAY, APRIL 8, 2003 Urban Renewal District Int. No. 107 One speaker: Douglas Holleley. Amending Chapter 120 Of The Municipal Code, Zoning Code, By Adding Zoning Regulations For The Brooks Landing Urban Renewal Project Int. No. 108 No speakers. Approval Of The Sale Of Land To Klein Steel Service, Inc. In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. Read-Emerson Urban Renewal Project Int. No. 109 No speakers. Authorizing Acquisitions By Condemnation For The Brooks Landing Revitalization Project Int. No. 129 One speaker: Fashun Ku. Authorizing Changes In The Pavement Width Of Scottsville Road, Genesee Street And Elmwood Avenue And Changes To The Intersection Of Brooks Avenue And South Plymouth Avenue As A Part Of The Brooks Landing Street Improvements Project Int. No. 130 Two speakers: George McDade and Doug Holleley. Adopting The Center City Master Plan And Amending Section 130-6 Of The Municipal Code Int. No. 56 No speakers. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To The Merchants/Winton Road Open Space District Int. No. 118 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 119 No speakers. Abandonment Of A Portion Of South Goodwill Street, As Amended Int. No. 121 No speakers. Local Improvement Ordinance - Establishment Of The Woodside/Goodwill Neighborhood Commercial Parking Lot Int. No. 122 One speaker: Kevin Hedberg. Amending Ordinance No. 2002-249 With Respect To Changes In The Pavement Width Of St. Paul Street As A Part Of The St. Paul Street Improvement Project From Avenue E To Norton Street, As Amended Int. No. 133 One speaker: Dave Shaheen. Amending Ordinance No. 2002-207 With Respect To Changes In The Pavement Width Of Chili Avenue As A Part Of The Chili Avenue Improvement Project Int. No. 135 One speaker: John Zirilli. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2003-11 Re: Home Rule Message - Genesee Valley Parkland Alienation R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is a home rule resolution relating to amended legislation that

currently is being considered by the New York State Legislature. The legislation would authorize the parkland/open space alienation of a parcel within Genesee Valley Park. The alienation is required for the Brooks Landing development project, which will include an extended stay hotel and restaurant. The overall project will help to revitalize the Brooks/Genesee neighborhood commercial area and will offer a unique tourist opportunity along the NYS Erie Canal system. On March 31, City Council held a Special Meeting to provide a Home Rule message in response to an amended version of the original bill that had been introduced in the Assembly. That house had scheduled a meeting on April 2 to discuss the amended bill and a Home Rule Message was a prerequisite for such action. Subsequently, it was learned that the Senate did not introduce their amended version of the bill until April 1. State law requires that a Home Rule Message be approved subsequent to the introduction of the bill in each house of the Legislature. As a result, it is necessary to issue a new Home Rule Message specific to the Senate bill. As you are well aware, the alienation originally involved 150,573 square feet of the site, a total of 3.457 acres. The area includes both dedicated parklands within Genesee Valley Park (approx. 2.1 acres), and a portion of adjacent City Owned vacant open space property, formerly a railroad right-of-way (approx. 1.4 acres). The City was to rededicate as City parkland, approximately .46 acres of the 2.1 acres of alienated dedicated parkland once the project site plan has been completed and approved. The rededicated parkland will be located adjacent to the Genesee River for the entire length of the development site. It will consist of a new public waterfront with enhanced public amenities, a new riverfront promenade, a new public boat landing and enhanced public access to the waterfront. The new waterfront developed within the rededicated parkland will connect to the existing river trail system. In reviewing the Cityʼs request, the Assembly has required a change the original proposal by removing from the proposed alienation the portion of the parkland encompassing .46 acres that was to be rededicated after construction; the Senate bill mirrors that language. There will be no net impact on the project as a result of this change. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-11 (Int. No. 144) Resolution For the Purpose Of A Home Rule Message Regarding State Legislation Relative To Discontinuing The Use Of Certain Lands As Park Lands Concurring in the request by the Mayor of the City of Rochester to the Senate and Assembly of the State of New York pursuant to Article IX of the New York State Constitution to enact into law certain legislation in relation to discontinuing the use of certain lands as park lands. BE IT RESOLVED, by the City Council of the City of Rochester that said Council hereby concurs in the request of William A. Johnson, Jr., Mayor of the City of Rochester, to the Senate and Assembly of the State of New York, constituting the New York State

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Legislature, that said Legislation enact the legislation forth in the following bill entitled: AN ACT to authorize the City of Rochester to discontinue the use of certain lands as park lands Being Senate Bill No. S.1784-B. This resolution shall take effect immediately. Adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Santiago, Stevenson, Thompson - 7. Nays - None - 0. Councilmember Curran abstained vote because of the proximity of the park land to his house. Councilmember Norwood abstained vote because he is an employee of the Assembly. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood April 8, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 96 - Authorizing The Sale Of Real Estate Int. No. 97 - Resolution Approving Appointment To The Electrical Examining Board Int. No. 98 - Local Law Revising The Boundaries Of The New York State Empire Zone Int. No. 99 - Transferring Funds And Authorizing Agreements For The Targeted Business Assistance Program Int. No. 100 - Amending The Municipal Code With Respect To Fees For Building Permits And Certificates Of Occupancy Int. No. 101 - Appropriation Of Funds - Homebuyer Assistance Program Int. No. 102 - Appropriation Of Funds And Authorizing Agreements For The Deconversion Incentive Grant Program Int. No. 103 - Approving The Acquisition Of Parcels On Oak Hill View Int. No. 104 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $125,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property As A Part Of The Cityʼs Genesee Street Housing Project Int. No. 105 - Authorizing The Sale Of Real Estate And A Loan Agreement For The Brooks Village Apartment Project And Transferring Funds The Housing & Economic Development Committee recommends for consideration the following entitled

legislation: Int. No. 106 - Approving The Urban Renewal Plan For The Brooks Landing Urban Renewal Project Int. No. 107 - Changing The Zoning Classification Of Parcels In The Brooks Landing Area From C-2 Community Center And O-S Open Space To Brooks Landing Urban Renewal District Int. No. 108 - Amending Chapter 120 Of The Municipal Code, Zoning Code, By Adding Zoning Regulations For The Brooks Landing Urban Renewal Project Int. No. 109 - Approval Of The Sale Of Land To Klein Steel Service, Inc. In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. Read-Emerson Urban Renewal Project Int. No. 127 - Authorizing Acquisitions For The Brooks Landing Revitalization Project, As Amended Int. No. 128 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance of $557,000 Bonds Of Said City To Finance The Costs Of The Acquisition Of Improvements On Designated Parcels Of Real Property And Relocation Of Persons As A Part Of The Brooks Landing Urban Renewal District Plan Int. No. 129 - Authorizing Acquisitions By Condemnation For The Brooks Landing Revitalization Project Int. No. 130 - Authorizing Changes In The Pavement Width Of Scottsville Road, Genesee Street And Elmwood Avenue And Changes To The Intersection Of Brooks Avenue And South Plymouth Avenue As A Part Of The Brooks Landing Street Improvements Project Int. No. 131 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,000,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Brooks Landing Street Improvements Project Int. No. 132 - Authorizing The Acquisition By Negotiation Or Condemnation Of Permanent Easements For The Brooks Landing Street Improvements Project Int. No. 56 - Adopting The Center City Master Plan And Amending Section 130-6 Of The Municipal Code Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold HOUSING & ECONOMIC DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-76 Re: Sale of Real Estate

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TUESDAY, APRIL 8, 2003 R2010: Campaign 9 - Healthy Urban Neighborhoods Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation approving the sale of seven properties. The first property was sold at the November 14, 2002 Public Auction. The property will be rehabilitated in accordance with its legal use, and the purchaser will be required to complete the rehabilitation within nine months after the conditional closing. The next property is being sold to the former owner. The purchase price includes all delinquent taxes, interest and penalties. The next two properties are single-family structures that are being sold to the purchaser for their appraised values for rehabilitation and resale to owner occupants with incomes not to exceed 80% of the median income for the area. The next two parcels are portions of an unbuildable vacant lot that are being sold to the adjoining owners for $1.00. The parcel is considered unbuildable due to its size. The south portion of the parcel will not be sold and combined with the City-owned parcel at 225 Fulton Avenue in order to provide additional land area to accommodate the future construction of a driveway for the existing structure. The last property is vacant land that is being sold to the adjoining owner for its appraised value. The property will be developed as a parking lot to be used in conjunction with the purchaserʼs adjoining property. 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 this 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. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-35 Ordinance No. 2003-76 (Int. No. 96) Authorizing The Sale Of Real Estate

S.B.L.#: 106.76-1-63 Price: $23,089.40 Purchaser: Saadig & Annie El-Amin Section 3. The Council hereby further approves the negotiated sale of the following parcels of improved property: Address S.B.L.#

Price Purchaser

231 Brooks Av. $15,000 135.33-3-27 Rochester Housing Development Fund Corp.* 821 Garson Av. 9,000 107.63-2-41 Rochester Housing Development Fund Corp.* * Officers: Jean A. Lowe, Alma Balonon-Rosen, Kevin V. Recchia, Robert Barrows Section 4. The Council hereby further approves the negotiated sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Sq. Ft. Purchaser

North Portion 227 Fulton Av. 1340+/Pt. of 105.35-1-14 Dorothy Mae Hopkins West Portion 227 Fulton Av. 2681+/Pt. of 105.35-1-14 Thomas & Patty Schrock Section 5. The Council hereby further approves the negotiated sale of the following parcel of vacant land: Address: S.B.L.#: Price: Purchaser:

Pt. of 406 Lyell Av. Pt. of 105.66-2-39.1 $12,500 Joseph Esposito

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. This ordinance shall take effect immediately. Passed unanimously.

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

TO THE COUNCIL: Ladies and Gentlemen:

Section 1. The Council hereby approves the sale of the following parcel of improved property by regular auction:

Resolution No. 2003-12 Re: Appointment - Electrical Examining Board

Address: S.B.L.#: Price: Legal Use: Purchaser:

118 Iceland Pk. 120.67-2-45 $4,200 1 Family Central City Properties, Inc.*

* Officer: Marie Mason Section 2. The Council hereby further approves the sale of the following parcel of improved property to the former owner: Address:

1157-1159 E. Main St.

R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation making the following appointment to the Electrical Examining Board: Ronald S. Appleton Rochester Gas and Electric Corporation 89 East Avenue Mr. Appleton is an electrical engineer and Account Manager for Rochester Gas and Electric Corporation. He will replace James Kula who is retiring from Rochester Gas and Electric as of April 1, 2003 and

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who has served as the electrical engineer representative of the local utility on the Electrical Examining Board since 1994. Mr. Appletonʼs term will expire on December 31, 2005. A copy of Mr. Appletonʼs resume is on file in the City Clerkʼs office. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-12 (Int. No. 97) Resolution Approving Appointment To The Electrical Examining Board BE IT RESOLVED, by the Council of the City of Rochester as follows:

88.63 acres to the EZ, including underutilized industrial and commercial areas, several areas within the Center City, and several additional acres at the port, to support ongoing efforts to develop these areas. Most of the projects identified are achievable in the short term, but a few projects, such as the Photech project, are being added to ensure their inclusion in the EZ before the new rules take effect. A summary of the proposed projects and a map of the revised area are available for review in the City Clerkʼs office. If the proposed legislation is approved, the total acreage within the EZ will be approximately 1,261.83 acres. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-36

Section 1. The Council hereby approves the appointment of Ronald S. Appleton, 89 East Avenue, to the Electrical Examining Board for a term which shall expire on December 31, 2005. Mr. Appleton shall replace James Kula, who is retiring.

Local Law Revising The Boundaries Of The New York State Empire Zone

Section 2. This resolution shall take effect immediately.

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

Adopted unanimously.

Section 1. The Boundaries of the New York State Empire Zone are hereby amended by deleting certain undevelopable lands and by adding new parcels, so that the boundaries include all of the parcels set forth in the boundary description dated March 19, 2003 which is incorporated herein and adopted, and which description is on file with the City Clerk.

TO THE COUNCIL: Ladies and Gentlemen: Local Law No. 5 Re: NYS Empire Zone R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation approving a revised boundary description for the Cityʼs Empire Zone. Under State law, municipalities may designate small geographic areas of up to two square miles, or 1,280 acres, in which special incentives may be provided to businesses that either relocate to the areas or expand within them. These incentives include state tax credits and exemptions, reduced utility rates and, at the option of the municipalities, local sales tax exemptions. The Cityʼs zone was established by City Council on February 15, 1994. The boundaries of the zone were further revised by Council on October 14, 1994, July 27, 1997, December 19, 2000, May 15, 2001, August 21, 2001 and May 14, 2002. The present zone contains approximately 1,265 acres. New York State recently introduced new rules that will affect future EZ boundary revisions. These changes will greatly limit the Cityʼs ability to designate areas within the city where zone benefits are critical to our ability to entice new development. In order to avoid these new rules, we have submitted a preliminary boundary amendment package to New York State. This proposed legislation will remove approximately 91.52 acres of undevelopable acres within the city, including but not limited to City-owned parcels such as fire stations and parking garages, railroad properties, schools, churches and residential properties. Deleting these areas will allow the addition of areas within the city slated for both current and future development. As a result, this legislation will add approximately

Local Law No. 5 (Int. No. 98)

Section 2. The City Council of the City of Rochester requests that the New York State Commissioner of Economic Development revise the boundaries of the City of Rochester Empire Zone as described in Section 1. Section 3. This local law shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-77 Re: Targeted Business Assistant Program And Commercial Loan Fund R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation to authorize the re-allocation and appropriation of $100,000 from the City Development Fund (CDF) allocation for the Industrial Revolving Loan Fund to the Targeted Business Assistance Program. This re-allocation and appropriation will permit the City to continue to purchase a portion of an SBA (7A) loan guarantee from a financial institution and thus reduce the Cityʼs risk exposure. The City Development Fund must be the source of these dollars because the SBA has a restriction against using Community Development Block Grant funds with

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TUESDAY, APRIL 8, 2003 SBA funds. There is no such prohibition when CDF funds are used. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-77 (Int. No. 99) Transferring Funds And Authorizing Agreements For The Targeted Business Assistance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $100,000 is hereby transferred from the Industrial Revolving Loan Program Account of the City Development Fund to the Targeted Business Assistance Program Account. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Targeted Business Assistance Program. 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-78 Re: Revised Building Permit And Certificate Of Occupancy Fees R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation to amend Building and Certificate of Occupancy permit fees. The schedule for calculating building permit fees was last revised in 1992. In 1996, flat fees for certain building permit applications were implemented. In January, 2003, the newly adopted City of Rochester Zoning and NYS Building Codes were implemented. In conjunction with the adjustments required by this legislation, revisions of the permit fees as appropriate are required. Additionally, given the rate of inflation and increases in operating costs for the Bureau of Buildings and Zoning, it was determined that an increase in fees is warranted. It is anticipated that building permit revenue will increase by approximately 15% as a result of this adjustment. The revised table of fees has been reformatted for ease of use and to be consistent with tables utilized by the Building Information System which automatically calculates fees at point of intake. In addition, it eliminates a typographical error recorded in the 1992 transmittal submission. The $10 fee charged to renew a certificate of occupancy will be eliminated if the certificate is renewed within 40 days of the receipt of notice by the City of impending expiration. This is being done to facilitate code compliance by property owners. Convenience to the customer will also be enhanced because applications may be processed via a wider range of

intake methods. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-78 (Int. No. 100) Amending The Municipal Code With Respect To Fees For Building Permits And Certificates Of Occupancy BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 39-221 of the Municipal Code, Fees for permits, as amended, is hereby further amended to read in its entirety as follows: Section 39-221. Fees for permits. A. The fee for a permit to construct, enlarge, alter, improve, relocate, convert, maintain use, establish use, legalize use or change the occupancy of a building or structure, or for the installation or replacement of a heating appliance or system, shall be based on the actual cost of such work, per the following schedule: Actual Cost $0 - $2,000 $2,001 - $4,000 $4,001 - $6,000 $6,001 - $8,000 $8,001 - $10,000 $10,001 - $12,000 $12,001 - $14,000 $16,001 - $18,000 $18,001 - $20,000 $20,001 - $22,000 $22,001 - $24,000 $24,001 - $26,000 $26,001 - $28,000 $28,001 - $30,000 $30,001 - $32,000 $32,001 - $34,000 $34,001 - $36,000 $36,001 - $38,000 $38,001 - $40,000 $40,001 - $42,000 $42,001 - $44,000 $44,001 - $46,000 $46,001 - $48,000 $48,001 - $50,000 $50,001 - $52,000 $52,001 - $54,000 $54,001 - $56,000 $56,001 - $58,000 $58,001 - $60,000 $60,001 - $100,000 Cost $100,001 - $500,000 Cost $500,001 - $1,000,000 Cost $1,000,001 and Over Cost

Base Fee $ 50 $ 70 $ 90 $ 110 $ 130 $ 150 $ 170 $ 190 $ 210 $ 230 $ 250 $ 270 $ 290 $ 310 $ 330 $ 350 $ 370 $ 390 $ 410 $ 430 $ 450 $ 470 $ 490 $ 510 $ 530 $ 550 $ 570 $ 590 $ 610 $ 150

Plus Incremental Fee None None None None None None None None None None None None None None None None None None None None None None None None None None None None None .009 X Actual

$ 375 . 0 0 7 X A c t u a l $ 1,475 . 0 0 5 X A c t u a l $ 3,675 . 0 0 3 X A c t u a l

B. Actual cost shall be based on a signed contractual agreement or detailed cost estimate provided by the applicant. Actual cost shall include expenditures for all labor, materials, construction, equipment, rental and equipment installations. Mechanical work, in addition

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to general contractual work, is specifically included. In the event that no contractual agreement or detailed cost estimate is available, or there is a discrepancy with the cost estimate provided, the current “RS Means Square Foot” costs shall be used to determine the actual cost. C. Actual cost need not include: (1) Cost of labor and material of electrical wiring fixtures and equipment where an electrical permit is obtained pursuant to Section 39-304 of the Municipal Code. (2) Cost of material and labor of plumbing work when a plumbing permit is obtained pursuant to Chapter 40, Building Construction: Plumbing, of the Municipal Code and the plumbing provisions of the New York State Uniform Fire Prevention and Building Code. (3) The cost of land, surveying, site preparation, soil investigation, private sidewalks, professional fees and other work intended primarily for appearance or embellishment. (4) Costs of materials, equipment and systems related to production, manufacturing or processing or which are requirements of owners, specialized codes or specialized regulations. D. If separate permits are obtained for building appurtenances such as signs, elevators and tanks, the cost of such items may be subtracted from the permit fee calculation and a separate fee paid for these items. E. There shall be no fee for a building permit to legalize an existing occupancy or to change occupancy where other work is not involved. F. Building permit fees for the following actions shall be as follows: Purpose

Fee

*Demolition of: Any structure, the demolition $50.00 of which would be a Type II action as identified in § 48-5B of Chapter 48, Environmental Review, of the Municipal Code or in 6 NYCRR 617.13, State Environmental Quality Review Frame Building up to 3 stories $150.00 in height Any other structure full

$300, plus $135 for each 5,000 square feet of building floor area

Installation of exterior paved area or parking lot $100 Installation, alteration, repair or removal of a flammable liquid storage facility:

Per tank Per pump

$100 $80

Installation of other structures $100 such as tents, amusement devices, temporary classrooms or construction trailers where it is impractical to base a fee on cost Deck <144 square feet >144 square feet >400 square feet

$75 $100 $150

Wood-burning stove, solid fuel device, fireplace insert, gas fireplace

$100

Swimming pool

$50

Electrical inspections Residential New dwelling unit with service Renovation/addition Less than or equal to 200 square feet Greater than 200 square feet

$150 + $75 per each additional unit $70 $100

Commercial New construction less than or $300 equal to 3,000 square feet New construction greater than $300 + $0.05 3,000 square feet per square foot over 3,000 Alterations/renovations less than $250 or equal to 3,000 square feet Alterations/renovations greater $250 + $0.05 than 3,000 square feet per square foot over 3,000 (All above listed fees do not include service installation) Alarm system A/C or heat pump Elevator/escalator Fuel dispensing unit New service installation or upgrade less than or equal to 200 amps each

$70 $70 $70 $70 $70 + $35 per each panel box

New service installation or upgrade greater than 200 amps each

$110 + $35 per each panel box

Other Pool/hot tub wiring Reinspection fee Service restoration Service upgrade Signs Temporary service installation

$70 $70 $50 $70 $70 $70 $70

*Note: For demolition work done after 5:00 p.m. on weekdays or at any time on weekends, an additional fee equal to the demolition fee shall be charged. G. Upon completion of a plan review, if the

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TUESDAY, APRIL 8, 2003 contract documents are determined to be insufficient and require revision and resubmission or if the applicant resubmits drawings due to significant changes in the proposed work, an additional fee of $25 or 50% of the full permit fee, whichever is greater, shall be required. Section 2. Section 39-222 of the Municipal Code, Fees for Certificates of Occupancy, as amended, is hereby further amended by amending subsection E thereof and by adding a new subsection G to read in their entirety as follows: E. There will be no fee to renew a Certificate of Occupancy or Conditional Certificate of Occupancy, except when the property owner fails to renew on or before forty (40) days after the mailing of notice by the city informing the owner of the expiration of the Certificate of Occupancy. If the owner fails to respond within forty (40) days of notice, the fee will be the same as in Subsection C. The notice shall be sent to the owner by first class mail, addressed to the ownerʼs address on file with the Bureau of Assessment or to the ownerʼs last known address or place of residence, if such address is not so filed. G. The fee for a Certificate of Occupancy when required for transfer of title as per subsection 90-25 A(1)(a) of the Municipal Code, shall be the same as in subsection C. Section 3. This ordinance shall take effect on July 1, 2003. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-79 Re: Homebuyer Assistance Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Homebuyer Assistance Program. This legislation will appropriate $350,000 from the 2002 HOME Program and authorize any necessary agreements for the continuation of the program. The Homebuyer Assistance Program provides financial assistance of up to $6,000 to families with low or moderate incomes who purchase houses through the Housing Initiative. The financial assistance may be used for closing costs and/or down payment assistance. A recipient of assistance is required to provide a five-year promissory note. If the recipient continues to reside in the house and the property is not resold during this period, the note expires. Since the inception of the program in September 1993, $2,153,018 has been disbursed or committed to 389 homebuyers. The total unencumbered balance of prior appropriations is $162,323; of this amount, $45,049 is limited to households whose income is between 80% and 100% of Median Family Income (MFI). The most recent appropriation of funds for the program was on March 19, 2002, when the Council appropriated $400,000 from the HOME program for buyers whose income does not exceed 80% of MFI.

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-79 (Int. No. 101) Appropriation Of Funds - Homebuyer Assistance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $350,000, or so much thereof as may be necessary, is hereby appropriated from 2002 HOME Program Funds to fund the Homebuyer Assistance Program. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Homebuyer Assistance Program. 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. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2003-80 Re: Deconversion Incentive Grant R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation to appropriate $200,000 for the Deconversion Incentive Grant program (DIG). The source of funds is the 2001 HOME program. As you are aware, over the years we have witnessed the inappropriate conversion of many single-family homes to two- and three-family structures. Many of these homes, which were once owner-occupied, are now used as rental properties. Because of their current configuration, many of these properties now prove unmarketable for owner occupancy. Furthermore, the cost of restoring such properties to single family use is beyond the capacity of our existing property rehabilitation programs or what would be considered feasible for private lenders. It is proposed that $10,000 in DIG financing be made available to individuals or organizations who are rehabilitating vacant houses acquired from the Cityʼs inventory of HUD or tax foreclosed properties. Eligible properties include two- and three-unit houses which were originally constructed as single-family and which will be rehabilitated for owner occupants as single-family homes. Eligible recipients of the funds would be owner-occupant purchasers of vacant homes acquired through Homeownership Investment Program (HIP), the Homesteading Lottery, the Owner-Occupant Auction, and the Tenant Ownership Program (TOP). Guidelines for the use of the funds include: removal of kitchens, including plumbing; restoration of a functional floor plan; bathroom removal, when appropriate; and conversion of mechanical systems, i.e., heating system, electrical service, and water

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service. Since October 17, 2000, when City Council appropriated $200,000 from the HOME program for the DIG program, 24 properties have been rehabilitated, exhausting the available funds. It is expected that the proposed $200,000 will fund the renovation of an additional 20 properties. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-37 Ordinance No. 2003-80 (Int. No. 102) Appropriation Of Funds And Authorizing Agreements For The Deconversion Incentive Grant Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $200,000, or so much thereof as may be necessary, is hereby appropriated from 2001 HOME Program Funds to fund the Deconversion Incentive Grant Program. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Deconversion Incentive Grant Program. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately.

63 Oak Hill View 40ʼ x 95ʼ $35,000 John Mitchell 1 Family 69 Oak Hill View 40ʼ x 94ʼ 45,000 Margaret Venn 1 Family Total $80,000 Another adjoining property, located at 57 Oak Hill View, was acquired by the City in November 2002 from the Department of Housing & Urban Development (HUD) for $15,555. The proposed legislation will also approve the reimbursement of this amount into the account of the Homeownership Investment Program (HIP). The total cost of acquisition, demolition and closing costs will not exceed $125,000 and will be funded through a bond ordinance adopted for this purpose. No relocation costs are anticipated as the properties will be vacant at the time of acquisition. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-38 Ordinance No. 2003-81 (Int. No. 103) Approving The Acquisition Of Parcels On Oak Hill View BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of the following parcels to be used for a market rate housing project on City property at 1170 Genesee Street:

Passed unanimously.

Maximum Acquisition Amount

TO THE COUNCIL: Ladies and Gentlemen:

PropertyAddress Lot Size Reputed Owner Use

Ordinance No. 2003-81 And Ordinance No. 2003-82 Re: Acquisitions - Oak Hill View

63 Oak Hill View 40ʼ x 95ʼ $35,000 John Mitchell 1 Family 69 Oak Hill View 40ʼ x 94ʼ 45,000 Margaret Venn 1 Family Total $80,000

R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the acquisition of two properties on Oak Hill View in conjunction with a market rate housing project. The properties to be acquired adjoin the rear of a four-acre parcel of City-owned land located at 1170 Genesee Street. The acquisition and subsequent demolition of these structures will provide sufficient street access to the City-owned vacant land to allow for the future development of market rate housing units. Pertinent information regarding the properties is as follows:

Section 2. The acquisition, closing and demolition costs shall obligate the City to pay an amount not to exceed $125,000, and said amount, or so much thereof as may be necessary, shall be funded from a bond ordinance adopted for this purpose. Section 3. City taxes and other current-year charges against said parcels shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current-year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcels, shall also be canceled. Section 4. This ordinance shall take effect immediately.

Address Owner

Lot Size Use

Maximum Acquisition Amount

Passed unanimously. Ordinance No. 2003-82 (Int. No. 104) Bond Ordinance Of The City Of Rochester,

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TUESDAY, APRIL 8, 2003 New York Authorizing The Issuance Of $125,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property As A Part Of The Cityʼs Genesee Street Housing 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 the “City”), is hereby authorized to finance the costs of a portion of the Cityʼs Genesee Street Housing Project (the “Project”), consisting of the acquisition of the properties at 57, 63 and 69 Oak Hill View in order to provide access to the City-owned parcel at 1170 Genesee Street for the development of housing. Existing improvements on said property are to be ultimately demolished by the City. The estimated maximum cost of the specific object or purpose authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $125,000 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 $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. 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 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.21 of the Law, is thirty (30) 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-83 Re: Brooks Village Apartments R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation related to the proposed Brooks Village Apartments project. This legislation will: 1. Authorize the sale of 734, 740, 744 and 750 Genesee Street, at their appraised value, to the Urban League of Rochester Economic Development Corporation (ULREDC) or to a limited partnership to be formed by ULREDC; 2. Authorize an agreement with ULREDC or a limited partnership to be formed by ULREDC in an amount not to exceed $171,000; and

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3. Appropriate $55,403 from the 2002 HOME program (Rental Housing Fund) and transfer $115,597 within the City Development Fund to fund the above agreement. Working in conjunction with Sector 4 and the Departments of Community and Economic Development, ULREDC is proposing to develop a 16-unit apartment project at 734-750 Genesee Street. The project has been awarded Low Income Housing Tax Credits by the State of New York. As conceived, the proposed project will complement Brooks Landing and other revitalization efforts along the Genesee Street corridor between Terrace Park and Cottage Street. The Sector 4 Common Council and their Community Development Corporation have endorsed the project and are also actively engaged in the Genesee Street Corridor Redevelopment Project. Three of the City-owned properties on the project site contain mixed use structures which will be demolished prior to transfer to ULREDC. The fourth property is a vacant lot. The proposed project will be constructed as a three-story building. The project has a total development budget of $1,674,510 and will be financed as follows: City Loan Conventional Loan Tax Credit Equity Developer Equity Total

$ 171,000 209,000 1,178,897 115,613 $1,674,510

The Cityʼs loan will be funded from the requested appropriation of $55,403 in HOME funds and from $115,597 in previously appropriated City Development Fund resources to be transferred from the Genesee Street Corridor Improvements Account. The Cityʼs loan will have a term of 30 years and an interest rate equivalent to the applicable Federal Rate at the time of closing, as required by Internal Revenue Service regulations for the Low Income Housing Tax Credit program. The apartments will have rents that will be affordable to households at or below 50% of area median income. There will be eight one-bedroom apartments renting at $411 per month and eight two-bedroom apartments renting at $498 per month. Respectfully submitted, William A. Johnson, Jr. Mayor

ration, for their appraised value, for the construction of apartments as a part of the Brooks Village Apartment Project. Section 2. The Mayor is hereby authorized to enter into a loan agreement with the Urban League Economic Development Corporation, or to a limited partnership to be formed by the Urban League Economic Development Corporation, for funding for the Brooks Village Apartment Project. The loan shall extend for a term of thirty years, with interest set at the applicable federal rate at the time of closing consistent with Internal Revenue Service regulations for the Low Income Tax Credit Program. Section 3. The loan agreement shall obligate the City to pay an amount not to exceed $171,000, and of said amount, or so much thereof as may be necessary, $55,403 is hereby appropriated from 2002 HOME Program funds and $115,597 shall be funded from the City Development Fund. The sum of $115,597 is hereby transferred from the Genesee Street Corridor Improvements Account of the City Development Fund (Prior to Year 1997-98) to a new account for the Brooks Village Apartments. Section 4. The loan agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. City taxes and other City charges, except water charges, against said properties are hereby cancelled up to the day of closing 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 6. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance Nos. 2003-84, 2003-85, And 2003-86 Re: Urban Renewal Plan - Brooks Landing R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation to:

Attachment No. AC-39 Ordinance No. 2003-83 (Int. No. 105) Authorizing The Sale Of Real Estate And A Loan Agreement For The Brooks Village Apartment Project And Transferring Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of 734 Genesee Street, SBL #135.26-2-5; 740 Genesee Street, SBL #135.26-2-6; 744 Genesee Street, SBL #135.26-2-7 and 750 Genesee Street, SBL #135.262-8, to the Urban League Economic Development Corporation, or to a limited partnership to be formed by the Urban League Economic Development Corpo-

1. Adopt the Urban Renewal Plan for the District. 2. Amend the Zoning Map by changing the zoning classification of the properties at 909-973 Genesee Street, 910-1004 Genesee Street, 10 Brooks Avenue, portion of 1315 S. Plymouth Avenue and 4, 6 & 8 Agnew Court, from C-2 Community Center to the Brooks Landing Urban Renewal District; and the properties at 15 Brooks Avenue, 1008 Genesee Street, portion of 1315 S. Plymouth Avenue and portion of 150 Elmwood Avenue from, O-S Open Space to the Brooks Landing Urban Renewal District. 3. Amend Section 120.120 of the Zoning Ordinance by adding a new Section 120.120L to include all of the provisions of the proposed

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TUESDAY, APRIL 8, 2003 Brooks Landing Urban Renewal Plan. The affected area, which consists of 27 properties, is generally bounded on the East by the Genesee River and by the west property line of Plymouth Gardens; on the West by properties along the east and west sides of Genesee Street; on the North by properties just south of Barton Street; and on the South by a boundary line just northeast of Grandview Terrace. The attached Brooks Landing Urban Renewal Plan for the proposed Brooks Landing Urban Renewal District provides both boundaries and legal descriptions. The proposed Urban Renewal Plan is intended to facilitate the redevelopment of the Brooks Landing area, pursuant to a condition analysis report prepared by FJF Architects in June, 2002. A copy of the report is available for review in the Office of the City Clerk. The district would include nine acres which contain the following existing uses: seven commercial properties; five mixed-use properties; four residential properties; four privately-owned vacant lots; six City-owned vacant lots; and a portion of City-owned parkland. Many of the structures within the proposed district are in deteriorated condition. The numerous vacant lots are a result of the demolition of deteriorated structures. The proposed development includes three sub-areas. Sub-Area I is adjacent to the Genesee River and consists of a new public waterfront and a hotel/restaurant development site. Sub-Area II is located at the northeast corner of Brooks Avenue and Genesee Street and consists of a new 20,000 to 25,000 squarefoot office/retail building. Sub-Area III is located on the west side of Genesee Street and consists of both renovated and new structures. The proposed zoning for the sub-areas is based on three existing districts. Sub-Area I (public waterfront) is based on the O-S District. Sub-Area I (hotel/restaurant) is based on the C-2 District, and Sub-Areas II & III are based on the C-1 District. The Planning Commission held an informational hearing on February 24, 2003. Twelve persons spoke in support of the requested zoning map and text amendment. No one spoke in opposition. By a vote of 4-0-1, the Commission recommended approval; Dana Miller abstained because of his long involvement with this project as Sector 4 representative.

Brooks Landing Urban Renewal Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following Urban Renewal Plan for the Brooks Landing Urban Renewal Project: I.

DESCRIPTION OF PROJECT: Location/Boundary The Brooks Landing Revitalization Project is located in Rochester, New York, along the west bank of the Genesee River/NYS Erie Canal at the intersection of Brooks Avenue and Genesee Street and across the river from the University of Rochester campus. The project area is divided into three Sub-Areas: I, II & III. (See “Exhibit A” for project Boundary Map) BROOKS LANDING URBAN RENEWAL DISTRICT LEGAL DESCRIPTION: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and described as follows: Beginning at a point in the centerline of Genesee Street at its intersection of the westerly extension of the northerly line of Agnew Place as shown on a subdivision map of Agnew Park as filed in the Monroe County Clerkʼs Office in Liber 30 of maps at page 18; Thence 1)

Easterly along said extension and the northerly line of Agnew Place and the northerly line of Lot 4 of said subdivision a distance of 236 feet more or less to the westerly line of lands formerly owned by the Penn Central Corporation and deeded to the City of Rochester as per a deed recorded in the Monroe County Clerkʼs Office in Liber 6614 of deeds at page 158;

Thence 2)

Northerly along the westerly line of lands owned by the City of Rochester as per the aforementioned deed a distance of 50.6 feet more or less to the northwest corner of parcel 135.3501-20 as shown on the current City of Rochester Tax Map and described in the aforementioned deed;

Thence 3)

Easterly along the northerly line of said parcel 135.35-0120 and its easterly extension a distance of 113 feet more or less to the easterly line of lands now owned by the City of Rochester as per a deed recorded in the Monroe County Clerkʼs Office in Liber 6656 of deeds at page 212;

Thence 4)

Southerly along the said various courses of the easterly line of lands of the City of Rochester to the northerly line of Brooks

If the Urban Renewal Plan is approved, separate legislation that has been submitted to City Council to effect the acquisitions may be considered. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-40 Councilmember Norwood moved to amend Introductory No. 106. The motion was seconded by Councilmember Stevenson. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Ordinance No. 2003-84 (Int. No. 106, As Amended) Approving The Urban Renewal Plan For The

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TUESDAY, APRIL 8, 2003 Avenue; Thence 5)

Easterly along the northerly line of Brooks Avenue and its easterly extension a distance of 227 feet more or less to the bank of the Genesee River;

Thence 6)

Southerly along the bank of the Genesee River a distance of 880 feet more or less to a point;

Thence 7)

S 89° 57ʼ 53” W a distance of 198 feet more or less to the easterly line of lands owned now or formerly by Esau and Albert Miller as per a deed filed in the Monroe County Clerkʼs Office on January 16, 1968 and filed in Liber 3874 of deeds at page 589;

Thence 16) Northerly along the centerline of Genesee Street to the easterly extension of the southerly line of Lot A of the Samuel H. Knoll Subdivision as recorded in the City of Rochester Maps and Surveys Office and filed with District 27 Map 39 Submaps; Thence 17) Westerly along said extension and the southerly line of said Lot A, a distance of 165 feet more or less to the southwest corner of said Lot A; Thence 18) Northerly along the westerly line of said Lot A and its northerly extension a distance of 143 feet more or less to the centerline of Brooks Avenue;

Thence 8)

N 5° 16ʼ 24” E along the easterly line of said Miller lot which is also the westerly line of lands owned now or formerly by the City of Rochester a distance of 38.94 feet to an angle point;

Thence 19) Easterly along the centerline of Brooks Avenue to the southerly extension of the westerly line of Lots 1 thru 9 of the Brooks Estate as filed in the Monroe County Clerkʼs Office in Liber 7 of maps at page 5;

Thence 9)

N 00° 39ʼ 44” W along the westerly line of lands owned now or formerly by the City of Rochester a distance of 63.98 feet to a point;

Thence 20) Northerly along said extension and the westerly line of said Lots 1 thru 9 a distance of 397 feet more or less to the northwest corner of Lot 9;

Thence 10) N 00° 02ʼ 07” W and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 133.94 feet to a point;

Thence 21) Easterly along the northerly line of said Lot 9 a distance of 168 feet more or less to the centerline of Genesee Street;

Thence 11) N 00° 23ʼ 56” E and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 65.97 feet to a point; Thence 12) N 00° 03ʼ 26” E and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 61.97 feet to a point; Thence 13) N 01° 36ʼ 07” E and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 70 feet to a point; Thence 14) N 00° 02ʼ 07” W and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 67.97 feet more or less to the southeast corner of Lot 2 of a subdivision map of part of the Rapids Village as filed in the Monroe County Clerkʼs Office in Liber 7 of maps at page 45; Thence 15) Westerly along the southerly line of said Lot 2 and its westerly extension a distance of 125 feet more or less to the centerline of Genesee Street;

Thence 22) Southerly along the centerline of Genesee Street a distance of 3 feet more or less to the point or place of beginning. The above described district is 9 acres more or less. Background The Brooks Landing Revitalization Project area is an important neighborhood commercial/waterfront hub within the Cityʼs NBN Sector 4. The area consists of underutilized properties adjacent to the Genesee River/NYS Erie Canal. Just south of the project site is the original extent of Genesee Valley Park designed by Frederick Law Olmsted. The site is in close proximity to the Rochester International Airport and sits directly across the Genesee River from the University of Rochester campus. This is a deep-rooted City neighborhood where many current residents have lived most, if not all, of their lives. Despite the deep-rooted heritage and rich civic history, however, the area has been in severe economic, social and aesthetic decline for well over a decade. As a result of this decline, street crime has risen significantly and property values have consequently diminished. The Cityʼs adopted comprehensive plan, entitled “Rochester 2010: the Renaissance” outlines key strategies for the revitalization of such City neighborhoods. In keeping with the planʼs strategies, Sector 4 neighborhood and business organizations initiated a public design charrette held in March 2000 to establish a vision for the project area and highlight development oppor-

TUESDAY, APRIL 8, 2003 tunities based on land uses consistent with this vision. Since the charrette, various neighborhood leaders, development professionals and City staff have met periodically and have partnered to create a development concept plan that would take full advantage of the broad range of land uses in the project area. The concept includes a new extended stay hotel and restaurant along the Genesee River/NYS Erie Canal with an adjacent new public waterfront/promenade/boat landing, a new office/retail building and a new infill development. Some of the key benchmarks that have resulted from the post charrette efforts include the following:

Page 93 B. Seek parkland alienation from the New York State Legislature for land to be developed privately. C. Dispose of project area development sites by sale to qualified developers for redevelopment or rehabilitation in accordance with standards incorporated in the Plan. D. Demolish and remove selected structures on acquired property in Sub-Areas I, II and III. E. Resubdivide acquired land as follows: Sub-Area I: Combine all project lots into three parcels to include:

-

Conceptual 3D diorama model completed for public presentation.

-

Traffic study completed to analyze traffic impacts associated with development concept.

-

Developers identified for private development.

-

Rochesterʼs Empire zone expanded to include the hotel restaurant site.

-

Parkland alienation draft legislation submitted to NY State Legislature.

Sub-Area III: Combine 951 & 953 Genesee Street into one private development parcel. Combine 923 & 927 Genesee Street into one private development parcel.

-

Design consultants selected for proposed public improvements (streets and waterfront).

F. Provide relocation assistance in accordance with Federal Relocation Guidelines.

II. URBAN RENEWAL OBJECTIVES: The following are key objectives for the Brooks Landing Urban Renewal District: A. The elimination of substandard and deteriorated structures and other blighting influences in the project area, through demolition and subsequent redevelopment. B. The promotion of economic development in and around the project area, through private commercial development, supporting parking facilities and public access. C. To convey by lease or fee simple agency owned vacant property to developers to support private development. D. The generation of additional jobs and municipal tax base within the project area in order to maximize utilization of City land area. E. To make better use of underutilized land and buildings within the project area. F. The beautification of the project area through the construction of new sidewalks, streetscape improvement and waterfront amenities. G. To improve security and safety in the project area. III. URBAN RENEWAL ACTIONS: (See “Exhibit D” for parcel actions and “Exhibit B” for Land Disposition Map)

- two private development parcels; and, - one parcel to be rededicated as public parkland. Sub-Area II: Combine all project lots into one private development parcel.

G. Design and construct modifications to the public streets as follows: Complete ROW lane, striping, utilities, width and traffic signal improvements at intersections of Brooks Avenue/Genesee Street, Genesee Street/Elmwood Avenue, Elmwood Avenue/S. Plymouth Avenue, necessary to close off the portion of S. Plymouth Avenue between Brooks Avenue and Elmwood Avenue for subsequent project construction. Close off portion of S. Plymouth Avenue between Brooks Avenue and Elmwood Avenue. Remove the portion of S. Plymouth Avenue within the project boundary. The entire portion of S. Plymouth Avenue between Brooks Avenue and Elmwood Avenue is categorized as a park road and not as a dedicated public right-of-way. Therefore, abandonment procedures will not be required. Realign S. Plymouth Avenue (north of Brooks Avenue) to the Brooks Avenue/ Genesee Street intersection. Realign S. Plymouth Avenue (south of the project site) to enter into the development site. Complete all remaining ROW improvements required for project.

The Urban Renewal actions to be undertaken in the project area consist of the following:

H. Rededicate as parkland the area adjacent to the river and provide for a new promenade linked to the existing river tail system and provide for new public facilities to enhance the waterfront.

A. Acquire selected properties from private owners in Sub-Area I, II & III.

IV. LAND USE PLAN: (See “Exhibit C” for Land Use Map)

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A. PURPOSE: The Brooks Landing Urban Renewal District is intended to revitalize an important mixeduse neighborhood commercial center within Sector 4 of the City. Adjacent land uses such as the U of R, Strong Medical Center, Genesee River/NYS Erie Canal waterfront and surrounding residential neighborhoods, render this location a very unique development opportunity that is consistent with the Cityʼs updated comprehensive plan. More specifically, the following comprehensive plan campaign goals are supported by this plan: CAMPAIGN FOUR: ENVIRONMENTAL STEWARDSHIP Goal: (E) Preserve and enhance our waterways, parks, urban forests, recreation and open space areas through a regional “no-net-loss” approach and maximized environmental benefits derived from those resources and assets. CAMPAIGN SIX: ECONOMIC VITALITY Goals: (B) Develop a business and financial environment that encourages businesses and individuals to build on our rich entrepreneurial spirit. (C) Develop strong, economically viable and diverse neighborhood commercial areas that help to provide entry-level jobs, high quality goods and personal services to our citizens, offer entrepreneurial opportunities and help increase our cityʼs economic development and growth. (G) Support and promote opportunities for shopping for residents and visitors at stores, businesses and personal shops within our city. CAMPAIGN EIGHT: TOURISM DESTINATION Goals: (B) Encourage and help create appropriate private, market-driven investments in the local tourism industry that result in additional revenue for businesses and the creation of new jobs for local residents. (C) Transform our extensive and unique waterfront resources, historical and cultural assets into a regional tourism destination attraction that maximizes economic, environmental and recreational benefits in a way that enhances the quality of life for city residents. (D) To develop, protect and promote our parks, recreation and open space system as a prime four season regional tourism attraction and asset that is complementary to our diverse waterfront resources. (E) Promote the creation of a diverse transportation system that connects our many tourism attractions and resources and positively contributes to the physical, social and economic well-being of our

citizens, visitors and community. (F) Develop diverse, unique tourism attractions that balance economic issues and impacts with neighborhood preservation, enhancement and protection. (G) Capitalize on our many recreational, historic, civic and business assets as well as our high quality of life to expand recognition of Rochester as a highly desirable tourism destination and attractive place to live. CAMPAIGN NINE: HEALTHY URBAN NEIGHBORHOODS Goals: (B) Reduce the impacts of the concentration of poverty in our community by encouraging economic diversity, appropriate neighborhood design and planning and expanded economic opportunity. (C) Encourage strong, stable, vital and healthy neighborhoods that retain their unique characteristics, are supported by appropriate community resources, services and amenities in village-like settings with neighborhood commercial centers serving nearby residential neighborhoods, provide essential goods and services and help create a high quality of life for every citizen. (E) Ensure adequate parking resources or facilities that balance the protection of neighborhoods and residences with the need to sustain the economic viability and vitality of commercial areas. (F) Develop a pedestrian circulation system that provides maximum accessibility to nearby goods and services, our parks, recreation and open space areas and other community amenities. B. LAND USE AREAS: To accomplish the above goals, the Urban Renewal Plan is divided into three land use areas which are comparable to zoning districts listed in the Rochester Zoning Code: - The Open Space land use area (O-S) located along the edge of the Genesee River will remain in City ownership as dedicated parkland. - The Neighborhood Commercial land use area (C-1) provides infill development and renovation opportunities on the west side of Genesee Street and nearly two acres of new commercial development opportunities on the east side of Genesee Street north of Brooks Avenue. - The Riverfront Commercial land use area (C-2) on the east side of Genesee Street south of Brooks Avenue will provide unique riverfront development opportunities. 1. OPEN SPACE LAND USE: In the Sections of the District designated on the Land Use Map as O-S, all of the

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TUESDAY, APRIL 8, 2003 requirements of the O-S shall apply. 2. NEIGHBORHOOD COMMERCIAL LAND USE: The Neighborhood Commercial Land Use Area is comparable to the C-1 Neighborhood Center District. In the Sections of the District designated on the Land Use Map as C-1, all of the requirements of the C-1 shall apply except as follows: a. Permitted Uses: The following uses are permitted in the Neighborhood Commercial Land Use Area when conducted entirely within an enclosed building; (1) Dwelling units when part of a mixed-use development with other permitted commercial uses. (2) Public and semi-public uses. (3) Retail sales and services operating between the hours of 6:00 a.m. to 11:00 p.m., except the sale, storage or display of ammunition, explosives or firearms. (4) Offices open between the hours of 6:00 a.m. to 11:00 p.m. (5) Bars, cocktail lounges and taverns operating between the hours of 6:00 a.m. and 11:00 p.m. (6) Restaurants operating between the hours of 6:00 a.m. and 11:00 p.m. including accessory outdoor seating/assembly areas but excluding drive-thru facilities. b. Special permit uses: (1) Drive thru services when attached to employee-occupied bank branch with indoor teller service. (2) Ancillary parking lots. c. Lot, area and yard requirements: Lot, area and yard requirements shall be subject to the provisions of Section 120-36 of the Rochester Zoning Code except as follows: (1) Maximum lot coverage for new infill development shall be 95%. d. Bulk Requirements: Bulk requirements shall be subject to the provisions of Section 120-37 of the Rochester Zoning Code except as follows:

(3) Maximum square footage -principal use: 8,000 square feet on the ground floor. e. Off Street Parking: Off street parking shall be subject to the provisions of Section 120-173 Rochester Zoning Code except as follows: (1) Parking lots shall have a maximum frontage of 50 feet. 3. RIVERFRONT COMMERCIAL LAND USE: The Riverfront Commercial Land Use Area is comparable to the C-2 Neighborhood Center District. In the Sections of the District designated on the Land Use Map as C-2, all of the requirements of the C-2 shall apply except as follows: a. Permitted Uses: (1) Multi-family dwellings. (2) Public and semi-public uses. (3) Retail sales and service when conducted in an entirely enclosed building. (4) Offices open between the hours of 6:00 a.m. to 11:00 p.m. (5) Bars, cocktail lounges and taverns including accessory outdoor seating and assembly areas. (6) Restaurants and banquet facilities including accessory outdoor seating and assembly areas. (7) Hotels. (8) Ancillary parking lots. b. Lot, Area and Yard requirements: Lot, area and yard requirements shall be subject to the provisions of Section 120-44 of the Rochester Zoning Code except as follows: (1) Maximum front yard setback shall be 0 to 5 feet except for buildings that front on the river. Buildings that front on the river shall have a minimum setback of 30 feet and a maximum setback of 60 feet from the existing river wall or river edge, whichever is closer to the building. c. Bulk Requirements:

(1) Minimum building height -principal use or structure: 2 stories or 18 feet [1 story or 15 feet].

Bulk Requirements shall be subject to the provisions of Section 120-45 except as follows:

(2) Maximum building height -principal use or structure: 3 stories or 35 feet.

(1) Maximum building height -principal use or structure fronting on the river: 5 stories or 65 feet.

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TUESDAY, APRIL 8, 2003 (2) Minimum building height - principal use or structure: 2 stories or 20 feet [N/A]. (3) Maximum square footage - principal use - N/A. d. Off Street Parking: Off street parking shall be subject to the provisions of Section 120-173 of the Rochester Zoning Code except as follows: (1) Parking shall not be permitted between a building and the sidewalk on the street except for buildings that front on the river. (2) Parking shall not be permitted between a building and the riverfront. (3) Parking lots shall be screened from view from all directions. e. Design Guidelines and Standards: Design Guidelines and Standards shall be subject to the provisions of Article XIX of the Rochester Zoning Code, with the following: (1) ADDITION: Any building fronting on the river shall have a facade facing the river of equal or near equal prominence to the facade facing the public street. (2) EXCEPTION to Section 120-158 A.(1): Any building fronting a river promenade shall have a facade with an active elevation facing the river. This active elevation shall include architectural features that enhance the pedestrian scale and experience of the building facade. Such elevations may or may not include windows and/or building entrances. 4. OTHER REQUIREMENTS APPLYING TO ALL LAND USE AREAS: Other requirements including provisions regarding accessory uses and structures, air quality, dumpsters and refuse collection areas, fences and walls, flood plain regulations, landscaping buffers and screening, lighting, noise, off-street loading, off-street stacking requirements, outdoor storage, outdoor displays and signs shall be subject to the provisions of Article XX of the Rochester Zoning Code.

V. URBAN RENEWAL PROCEDURES AND PROPOSALS: A. PROCEDURES FOR REVIEW OF SITE AND DEVELOPMENT PLANS: Preliminary plans including site plan and building elevations shall be submitted to the Secretary of the Urban Renewal Agency for review and approval with respect to their

conformance with the objectives of the Urban Renewal Plan. Thereupon such plans shall be transmitted to the Director of Zoning for his/her determination of the appropriate site plan review required pursuant to 120-191D. of the Rochester Zoning Code. B. DURATION OF LAND USE REGULATIONS: The land use regulations set forth in Chapter IV of this plan shall continue in effect for a period of forty (40) years from the date of adoption of this Plan by the City Council of the City of Rochester. C. OBLIGATION OF DEVELOPERS: When the land in the project area is sold or leased by the City of Rochester or the Rochester Urban Renewal Agency, the purchaser or lessee and their successors or assigns shall be obligated by the terms of the contract and by the covenants set forth in the deed which shall run with the land: 1. To devote such land to the uses and to be governed by the Land Use Regulations and controls set forth in the Urban Renewal Plan and; 2. To begin and complete the construction of the improvements of such land within a reasonable time as established by appropriate provisions in the instrument of sale or lease. D. PROCEDURES FOR AMENDING URBAN RENEWAL PLAN: This Urban Renewal Plan may be amended at any time by the City Council of the City of Rochester in accordance with procedures then in effect for the adoption of an Urban Renewal Plan. E. RELATIONSHIP OF THE PLAN TO THE ROCHESTER ZONING CODE: Concurrent with the adoption of the Urban Renewal Plan, Section 120-120 of the Zoning Code shall be amended to include Section IV of the Plan. VI. SPECIAL PROVISIONS: A. ANTI-DISCRIMINATION: There shall be appropriate covenants running with the land as required by State statutes, rules and regulations with respect to the prohibition of discrimination in the sale, lease, occupancy, or use of any real property in the project area on the basis of race, color, creed or national origin. VII. APPENDICES: EXHIBIT A. EXHIBIT B. EXHIBIT C. EXHIBIT D.

Map 1 -District Boundary Map Map 2 -Land Use Map Map 3 -Land Disposition Map Chart -Urban Renewal Actions

Section 2. The Council finds that: a. The Brooks Landing Urban Renewal area is a

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TUESDAY, APRIL 8, 2003 substandard or unsanitary area, or is in danger of becoming a substandard or unsanitary area and tends to impair or arrest the sound growth and development of the municipality. b. The Brooks Landing Urban Renewal Plan affords maximum opportunity to private enterprise, consistent with the sound needs of the municipality as a whole, for the undertaking of an Urban Renewal Program. c. The Urban Renewal Plan for the Brooks Landing Urban Renewal District conforms to the comprehensive plan for the development of the municipality as a whole. Section 3. This ordinance shall take effect immediately.

deeded to the City of Rochester as per a deed recorded in the Monroe County Clerkʼs Office in Liber 6614 of deeds at page 158; Thence 2)

Northerly along the westerly line of lands owned by the City of Rochester as per the aforementioned deed a distance of 50.6 feet more or less to the northwest corner of parcel 135.35-01-20 as shown on the current City of Rochester Tax Map and described in the aforementioned deed;

Thence 3)

Easterly along the northerly line of said parcel 135.35-01-20 and its easterly extension a distance of 113 feet more or less to the easterly line of lands now owned by the City of Rochester as per a deed recorded in the Monroe County Clerkʼs Office in Liber 6656 of deeds at page 212;

Thence 4)

Southerly along the said various courses of the easterly line of lands of the City of Rochester to the northerly line of Brooks Avenue;

Thence 5)

Easterly along the northerly line of Brooks Avenue and its easterly extension a distance of 227 feet more or less to the bank of the Genesee River;

Thence 6)

Southerly along the bank of the Genesee River a distance of 880 feet more or less to a point;

Thence 7)

S 89° 57ʼ 53” W a distance of 198 feet more or less to the easterly line of lands owned now or formerly by Esau and Albert Miller as per a deed filed in the Monroe County Clerkʼs Office on January 16, 1968 and filed in Liber 3874 of deeds at page 589;

Thence 8)

N 5° 16ʼ 24” E along the easterly line of said Miller which is also the westerly line of lands owned now or formerly by the City of Rochester a distance of 38.94 feet to an angle point;

Thence 9)

N 00° 39ʼ 44” W along the westerly line of lands owned now or formerly by the City of Rochester a distance of 63.98 feet to a point;

Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Ordinance No. 2003-85 (Int. No. 107) Changing The Zoning Classification Of Parcels In The Brooks Landing Area From C-2 Community Center And O-S Open Space To Brooks Landing Urban Renewal District BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 115 of the Municipal Code, Zoning Ordinance, as amended, is hereby further amended by changing the zoning classification of the following-described properties, constituting 909-973 Genesee Street, 910-1004 Genesee Street, 10 Brooks Avenue, a portion of 1315 South Plymouth Avenue and 4, 6 & 8 Agnew Street, from C-2 Community Center to Brooks Landing Urban Renewal District, and constituting 15 Brooks Avenue, 1008 Genesee Street, a portion of 1315 South Plymouth Avenue and a portion of 150 Elmwood Avenue, from O-S Open Space to Brooks Landing Urban Renewal District: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and described as follows: Beginning at a point in the centerline of Genesee Street at its intersection of the westerly extension of the northerly line of Agnew Place as shown on a subdivision map of Agnew Park as filed in the Monroe County Clerkʼs Office in Liber 30 of maps at page 18; Thence 1)

Easterly along said extension and the northerly line of Agnew Place and the northerly line of Lot 4 of said subdivision a distance of 236 feet more or less to the westerly line of lands formerly owned by the Penn Central Corporation and

Thence 10) N 00° 02ʼ 07” W and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 133.94 feet to a point; Thence 11) N 00° 23ʼ 56” E and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 65.97 feet to a point; Thence 12) N 00° 03ʼ 26” E and continuing along the westerly line of lands owned now or formerly by the City

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TUESDAY, APRIL 8, 2003 of Rochester a distance of 61.97 feet to a point;

Thence 13) N 01° 36ʼ 07” E and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 70 feet to a point; Thence 14) N 00° 02ʼ 07” W and continuing along the westerly line of lands owned now or formerly by the City of Rochester a distance of 67.97 feet more or less to the southeast corner of Lot 2 of a subdivision map of part of the Rapids Village as filed in the Monroe County Clerkʼs Office in Liber 7 of maps at page 45; Thence 15) Westerly along the southerly line of said Lot 2 and its westerly extension a distance of 125 feet more or less to the centerline of Genesee Street; Thence 16) Northerly along the centerline of Genesee Street to the easterly extension of the southerly line of Lot A of the Samuel H. Knoll Subdivision as recorded in the City of Rochester Maps and Surveys Office and filed with District 27 Map 39 Submaps; Thence 17) Westerly along said extension and the southerly line of said Lot A, a distance of 165 feet more or less to the southwest corner of said Lot A; Thence 18) Northerly along the westerly line of said Lot A and its northerly extension a distance of 143 feet more or less to the centerline of Brooks Avenue; Thence 19) Easterly along the centerline of Brooks Avenue to the southerly extension of the westerly line of Lots 1 thru 9 of the Brooks Estate as filed in the Monroe County Clerkʼs Office in Liber 7 of maps at page 5; Thence 20) Northerly along said extension and the westerly line of said Lots 1 thru 9 a distance of 397 feet more or less to the northwest corner of Lot 9;

Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Councilmember Norwood moved to amend Introductory No. 108. The motion was seconded by Councilmember Stevenson. Adopted by the following vote: Ayes - President Giess, Councilmemers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Ordinance No. 2003-86 (Int. No. 108, As Amended) Amending Chapter 120 Of The Municipal Code, Zoning Code, By Adding Zoning Regulations For The Brooks Landing Urban Renewal Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 120-120 of the Municipal Code, relating to Urban Renewal Development Districts, as amended, is hereby further amended by adding the following new subsection L thereto: L. Brooks Landing Urban Renewal District (1) LAND USE AREAS: The District is divided into three land use areas which are comparable to zoning districts listed in the Rochester Zoning Code: -

The Open Space land use area (O-S) located along the edge of the Genesee River will remain in City ownership as dedicated parkland.

-

The Neighborhood Commercial land use area (C-1) provides infill development and renovation opportunities on the west side of Genesee Street and nearly two acres of new commercial development opportunities on the east side of Genesee Street north of Brooks Avenue.

-

The Riverfront Commercial land use area (C-2) on the east side of Genesee Street south of Brooks Avenue will provide unique riverfront development opportunities.

Thence 21) Easterly along the northerly line of said Lot 9 a distance of 168 feet more or less to the centerline of Genesee Street; Thence 22) Southerly along the centerline of Genesee Street a distance of 3 feet more or less to the point or place of beginning. The above described district is 9 acres more or less. Section 2. This ordinance shall take effect immediately. Passed by the following vote:

(a) OPEN SPACE LAND USE: In the Sections of the District designated on the Land Use Map as O-S, all of the requirements of the O-S shall apply.

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TUESDAY, APRIL 8, 2003 (b) NEIGHBORHOOD COMMERCIAL LAND USE: The Neighborhood Commercial Land Use Area is comparable to the C-1 Neighborhood Center District. In the Sections of the District designated on the Land Use Map as C-1, all of the requirements of the C-1 shall apply except as follows: [1] Permitted Uses: The following uses are permitted in the Neighborhood Commercial Land Use Area when conducted entirely within an enclosed building; [a] Dwelling units when part of a mixed-use development with other permitted commercial uses. [b] Public and semi-public uses. [c] Retail sales and services operating between the hours of 6:00 a.m. to 11:00 p.m., except the sale, storage or display of ammunition, explosives or firearms. [d] Offices open between the hours of 6:00 a.m. to 11:00 p.m. [e] Bars, cocktail lounges and taverns operating between the hours of 6:00 a.m. and 11:00 p.m. [f] Restaurants operating between the hours of 6:00 a.m. and 11:00 p.m. including accessory outdoor seating/assembly areas but excluding drive-thru facilities. [2] Special permit uses: [a] Drive thru services when attached to employee-occupied bank branch with indoor teller service. [b] Ancillary parking lots. [3] Lot, area and yard requirements: Lot, area and yard requirements shall be subject to the provisions of Section 120-36 of the Rochester Zoning Code except as follows: [a] Maximum lot coverage for new infill development shall be 95%. [4] Bulk Requirements: Bulk requirements shall be subject to the provisions of Section 120-37 of the Rochester Zoning Code except as follows:

[c] Maximum square footage -principal use: 8,000 square feet on the ground floor. [5] Off Street Parking: Off street parking shall be subject to the provisions of Section 120-173 Rochester Zoning Code except as follows: [a] Parking lots shall have a maximum frontage of 50 feet. (c) RIVERFRONT COMMERCIAL LAND USE: The Riverfront Commercial Land Use Area is comparable to the C-2 Neighborhood Center District. In the Sections of the District designated on the Land Use Map as C-2, all of the requirements of the C-2 shall apply except as follows: [1] Permitted Uses: [a] Multi-family dwellings. [b] Public and semi-public uses. [c] Retail sales and service when conducted in an entirely enclosed building. [d] Offices open between the hours of 6:00 a.m. to 11:00 p.m. [e] Bars, cocktail lounges and taverns including accessory outdoor seating and assembly areas. [f] Restaurants and banquet facilities including accessory outdoor seating and assembly areas. [g] Hotels. [h] Ancillary parking lots. [2] Lot, Area and Yard requirements: Lot, area and yard requirements shall be subject to the provisions of Section 120-44 of the Rochester Zoning Code except as follows: [a] Maximum front yard setback shall be 0 to 5 feet except for buildings that front on the river. Buildings that front on the river shall have a minimum setback of 30 feet and a maximum setback of 60 feet from the existing river wall or river edge, whichever is closer to the building. [3] Bulk Requirements:

[a] Minimum building height -principal use or structure: 2 stories or 18 feet 1 story or 15 feet.

Bulk Requirements shall be subject to the provisions of Section 120-45 except as follows:

[b] Maximum building height -principal use or structure: 3 stories or 35 feet.

[a] Maximum building height - principal use or structure fronting on the river: 5 stories or 65 feet.

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TUESDAY, APRIL 8, 2003 [b] Minimum building height - principal use or structure: 2 stories or 20 feet N/A. [c] Maximum square footage -principal use - N/A. [4] Off Street Parking: Off street parking shall be subject to the provisions of Section 120-173 of the Rochester Zoning Code except as follows: [a] Parking shall not be permitted between a building and the sidewalk on the street except for buildings that front on the river.

Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-87 Re: Western Gateway Project/Outer Loop Industrial Park - Klein Steel Service, Inc. R2010: Campaign 6 - Economic Vitality

[b] Parking shall not be permitted between a building and the riverfront.

Transmitted herewith for your approval is legislation relating to the sale of a City-owned parcel to Klein Steel Service, Inc. as part of the Western Gateway Project in the Outer Loop Industrial Park. This legislation will:

[c] Parking lots shall be screened from view from all directions.

1. Authorize the sale of Parcel 2, 105 Road A to Klein Steel Service, Inc. for $1.00.

[5] Design Guidelines and Standards: Design Guidelines and Standards shall be subject to the provisions of Article XIX of the Rochester Zoning Code, with the following: [a] ADDITION: Any building fronting on the river shall have a facade facing the river of equal or near equal prominence to the facade facing the public street. [b] EXCEPTION to Section 120-158 A.(1): Any building fronting a river promenade shall have a facade with an active elevation facing the river. This active elevation shall include architectural features that enhance the pedestrian scale and experience of the building facade. Such elevations may or may not include windows and/or building entrances. (d) OTHER REQUIREMENTS APPLYING TO ALL LAND USE AREAS: Other requirements including provisions regarding accessory uses and structures, air quality, dumpsters and refuse collection areas, fences and walls, flood plain regulations, landscaping buffers and screening, lighting, noise, off-street loading, off-street stacking requirements, outdoor storage, outdoor displays and signs shall be subject to the provisions of Article XX of the Rochester Zoning Code. Section 2. This ordinance shall take effect immediately. Strikeout material deleted; underlined material added. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8.

2. Authorize a temporary easement for Klein Steel Service, Inc. permitting the use of Road A until it is dedicated as a public street. Klein Steel is a distributor of steel and steel products and a manufacturer of steel products prepared to customer specifications. The company is currently located in 90,000 square feet of leased space at 811 West Avenue. It currently has 75 employees. Klein Steel is proposing to construct a 137,000 squarefoot building on Parcel 2 of the Western Gateway Project; the parcel contains 13.358 acres. A map showing the location of the parcel is attached. The parcel is a Brownfield site that was formerly part of the Cityʼs Emerson Street Landfill. It is being sold to Klein Steel for $1.00 as an incentive for the company to develop its project in the former landfill and to provide partial compensation to the company for the development penalty, estimated at $1,247,000, associated with the site. The largest cost associated with this penalty is the relocation of the ash deposited on the site when it was being used as part of the City landfill as well as other materials deposited on the site by the City as part of normal DES operations over the past six years. The ash and other materials will be relocated to another City-owned parcel on Lexington Avenue within the former landfill. The land for the project was appraised by Kevin Bruckner at a range of $10,000 to $20,000 per acre. The maximum appraised value of the Klein Steel parcel, therefore, would be $267,000. Since the site is located in the Mt. Read-Emerson Urban Renewal District, the City can sell the land for less than the appraised value, or $1.00 in this case. The site is also located in the Empire Zone. The cost of the project is estimated at $9,250,000, including $1,450,000 for site preparation, $4,500,000 for construction of the building, and $3,300,000 for the purchase of equipment. The equipment will consist of an automated material handling system, various cranes and saws. The financing includes a $600,000 Empire Opportunity Fund grant from the Empire State Development

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TUESDAY, APRIL 8, 2003 Corp. which is being provided to stimulate Brownfield development. It also includes a $500,000 City loan from the Industrial Revolving Loan Fund which will be used for site preparation and construction. Klein Steel will be eligible to receive job credits for hiring city residents that can be used to offset a portion of the principal and interest payments on the City loan. The proposed financing includes the following: Source

Amount

Bank (Canandaigua National) $7,650,000 City lRLF 500,000 Empire Opportunity Fund (grant) 600,000 Equity 500,000 Total $9,250,000 Construction is expected to begin in April 2003 and to be completed by the end of the year. Klein Steel has estimated that the project will result in the creation of 70 new jobs, increasing company employment from 75 to 145. Over the next seven years, Klein Steel plans to expand its building to 250,0000 square feet in two additional phases and has estimated that the final cost of the project will be over $13 million. The company has also estimated that these expansions will result in the creation of an additional 100 new jobs, for a total of 170 new jobs.

Emerson Urban Renewal Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of approximately 13.358 acres of land constituting Parcel 2 in the Western Gateway Project in the Outer Loop Industrial Park of the Mt. Read-Emerson Urban Renewal Project to Klein Steel Service, Inc. for the sum of $1.00. The Council hereby approves the grant of a temporary easement to Klein Steel Service, Inc. to use Road A in the Western Gateway Project until it is dedicated as a public street. Section 2. The Council hereby further authorizes environmental indemnification of Klein Steel Service, Inc. and future owners regarding hazardous substances. Section 3. The Mayor is hereby authorized to enter into such agreements as may be necessary to effectuate this project. 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.

The road providing access to the development sites south of Emerson Street, currently known as Road A, was constructed by the City in 2000. The public rightof-way is currently being subdivided and it is expected that the street will be dedicated in 2003. The proposed legislation provides Klein Steel with a temporary easement to use the street until it is dedicated.

TO THE COUNCIL: Ladies and Gentlemen:

The Klein Steel building is the second facility to be constructed in the Western Gateway Project south of Emerson Street. The first building, containing 77,000 square feet, was constructed by JADA Precision Plastics in 1998 on a 7.6-acre parcel. One City-owned site of 3.9 acres remains to be developed.

R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods

The City will provide environmental indemnification to Klein Steel and to any future owners of its property for the land and the fill material recently deposited on the site by the City as part of normal DES operations. This indemnification will cover any environmental conditions for which the City is responsible and which occurred during the period of City ownership of the land. 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 land sale will not result in any significant environmental effects. A negative declaration has been issued. A public hearing on the land sale is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-41 Ordinance No. 2003-87 (Int. No. 109) Approval Of The Sale Of Land To Klein Steel Service, Inc. In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. Read-

Ordinance Nos. 2003-88, 2003-89, And Introductory No. 129 Re: Real Estate Acquisitions - Brooks Landing

Transmitted herewith for your approval is legislation relating to the Brooks Landing Revitalization Project. This legislation will authorize 1. the acquisition, by negotiation or condemnation, of fourteen properties in the area of the Genesee Street and Brooks Avenue intersection, and 2. a bond ordinance in the amount of $557,000 to fund the acquisitions and related closing and relocation costs. The Brooks Landing Urban Renewal District Designation was approved by the City Council on August 20, 2002. The Brooks Landing Urban Renewal Plan has been recommended by the Planning Commission and submitted separately to City Council for approval. A preliminary Anti-Displacement and Relocation Plan was completed by Zinter Housing Consultants and submitted to the U.S. Department of Housing and Urban Development (HUD) by the City of Rochester in January, 2003. The City received HUDʼs approval of the preliminary Anti-Displacement and Relocation Plan on January 31, 2003. The properties to be acquired will subsequently be redeveloped as part of three Sub-Areas for the Brooks Landing Revitalization Project. The proposed SubAreas consist of the following (see attached project boundary map):

Page 102 Sub-Area I:

TUESDAY, APRIL 8, 2003 Approximately 3.5 acres to be sold to a developer for construction of a new hotel and restaurant Approximately .8 acres to be retained as City owned parkland for the construction of a public waterfront promenade and boat landing

Sub-Area II:

Approximately 2 acres to be sold to a developer for the construction of a 20,000 to 25,000 sf. office/retail building

Sub-Area IIIa: Approximately .25 acres to be sold to a developer for renovated commercial or mixed-use development Sub-Area IIIb: Approximately .25 acres to be sold to a developer for the construction of infill commercial retail or mixed-use development Under the proposed legislation, the City will acquire the fourteen properties within Sub-Area I, II & III and sell them to a developer. The City will relocate present occupants of properties to be acquired in SubArea II & III following Federal relocation guidelines. The total estimated relocation cost is $304,000; an additional $50,000 will be required for closing costs. The acquisition amounts are as follows: Address Owner

Use

Acquisition Cost

Sub-Area I: 15 Brooks Ave Vacant lot Martin Handelman or REDCO and 972 Genesee St Vacant lot Martin Handelman or REDCO

$160,000

1004 Genesee St Commercial 805 Spencer St. Partner or REDCO

60,000

930 Genesee St John Michel

Commercial

948 Genesee St Commercial Ebenezer Williams 954 Genesee St Mixed-use Joseph Bradford

88,000 39,000 109,000

Sub-Area III: 951 Genesee St Mixed-use Joe L. Bradford 953 Genesee St Commercial Emanuel Rosenfeld Total

51,000 50,000 $777,000

The acquisition amounts were established through independent appraisals prepared first by Kevin Bruckner, MAI, and then reviewed by Jay Loson, MAI. The prices do not include any consideration of environmental or geo-technical conditions and assume environmentally clean sites. The total amount of acquisition, relocation, and closing costs for the properties is estimated at $1,131,000, of which $557,000 is in Debt and $574,000 is in Cash Capital as follows: Reprogrammed Debt (2000-01): High Falls Industrial Park Rochester Science Park Total Debt

$363,000 194,000 $557,000

Cash Capital: 2002-03 2001-02 Total Cash Capital

$376,000 198,000 $574,000

It is anticipated that an additional $400,000 to $500,000 will be required for environmental remediation; Council authorization for that purpose will be requested at a subsequent meeting.

Authorizing Acquisitions For The Brooks Landing Revitalization Project 135,000

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of the following parcels as a part of the Brooks Landing Revitalization Project as follows:

Sub-Area II:

6 Agnew Court Single family Brenda Beason

Commercial

Ordinance No. 2003-88 (Int. No. 127, As Amended)

and

Single family

926 Genesee St Jean Dalberth

Respectfully submitted, William A. Johnson, Jr. Mayor

and

4 Agnew Court Rosa Johnson

35,000

A public hearing regarding the property acquisitions is required.

998 Genesee St Commercial 805 Spencer St. Partner or REDCO

1008 Genesee St Commercial 805 Spencer St. Partner or REDCO

920 Genesee St Two family R. & C. Cirocco

22,000 28,000

Address SBL No.

Maximum Acquisition Type Amount Reputed Owner

Page 103

TUESDAY, APRIL 8, 2003 Sub-Area I: 15 Brooks Ave Vacant lot 135-340-0003-023 Martin Handelman or REDCO and 972 Genesee St Vacant lot $160,000 135-340-0003-022 Martin Handelman or REDCO 998 Genesee St Commercial 135-340-0003-024 805 Spencer St. Partner or REDCO and 1004 Genesee St Commercial 135-420-0002-001 805 Spencer St. Partner or REDCO and 1008 Genesee St Commercial 135,000 135-420-0002-002 805 Spencer St. Partner or REDCO Sub-Area II: 4 Agnew Court Single family 135-340-0002-026 Rosa Johnson

22,000

6 Agnew Court Single family 135-340-0002-025 Brenda Beason

28,000

920 Genesee St Two family 35,000 135-340-0002-027 R. & C. Cirocco 926 Genesee St Commercial 135-340-0002-028 Jean Dalberth

60,000

930 Genesee St Commercial 135-340-0002-029 John Michel

88,000

948 Genesee St Commercial 39,000 135-340-0002-031 Ebenezer Williams 954 Genesee St Mixed-use 109,000 135-340-0002-032 Joseph Bradford Sub-Area III: 951 Genesee St Mixed-use 135-340-0002-027 Joe L. Bradford

51,000

953 Genesee St Commercial 50,000 135-340-0002-028 Emanuel Rosenfeld Section 2. The acquisition, relocation and closing costs shall obligate the City to pay an amount not to exceed $1,131,000, and of said amount, $198,000 shall be funded from the [2001-02] 2002-03 Cash Capital Allocation, $376,000 shall be funded from the [2002-03] 2001-02 Cash Capital Allocation and $557,000 shall be funded from a bond ordinance adopted for this purpose. Section 3. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his

residence is located within the area affected by the project. Ordinance No. 2003-89 (Int. No. 128) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $557,000 Bonds Of Said City To Finance The Costs Of The Acquisition Of Improvements On Designated Parcels Of Real Property And Relocation Of Persons As A Part Of The Brooks Landing Urban Renewal District 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 the “City”), is hereby authorized to finance the costs of a portion of the Brooks Landing Urban Renewal Project (the “Project”), consisting of the acquisition of properties within the Brooks Landing Urban Renewal District, including but not limited to 15 Brooks Avenue, 972 Genesee Street, 998 Genesee Street, 1004 Genesee Street, 1008 Genesee Street, 4 Agnew Court, 6 Agnew Court, 920 Genesee Street, 926 Genesee Street, 930 Genesee Street, 948 Genesee Street, 954 Genesee Street, 951 Genesee Street and 953 Genesee Street, and the relocation of persons on said properties in accordance with the Brooks Landing Urban Renewal District Plan. Existing improvements on said properties are to be ultimately demolished for redevelopment purposes. The estimated maximum cost of the specific object or purpose authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $1,131,000. The plan of financing includes the issuance of $557,000 bonds of the City, and said amount is hereby appropriated therefor, together with $574,000 of available 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 $557,000 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 $557,000. 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.21 of the Law, is thirty (30) 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 obliga-

Page 104 tions 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 by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Councilmember Norwood moved to return Introductory No. 129 to committee. The motion was seconded by Councilmember Mains.

TUESDAY, APRIL 8, 2003 The motion was adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Introductory No. 129 AUTHORIZING ACQUISITIONS BY CONDEMNATION FOR THE BROOKS LANDING REVITALIZATION PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. In the event the parcels approved for acquisition in Ordinance No. 2003-88 as a part of the Brooks Landing Revitalization Project cannot be obtained through negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said parcels. Section 2. This ordinance shall take effect immediately. Held in committee. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2003-90, 2003-91, And 2003-92 Re: Brooks Landing Street Improvements Project R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Brooks Landing Project. The legislation will authorize: 1. Changes in the pavement widths as follows: a. A variable increase on Scottsville Road beginning by matching the existing pavement width of 41ʼ at a point 265ʼ west of Genesee Street and tapering to an increase in pavement width of 12ʼ, from 41ʼ to 53ʼ, at Genesee Street; and b. An increase of 5ʼ on Elmwood Avenue beginning by increasing the pavement width from 66ʼ to 71ʼ at Genesee Street and tapering to an increase in pavement width from 60ʼ to 65ʼ at a point 165ʼ east of Genesee Street; and c. A variable increase on Elmwood Avenue beginning by increasing the pavement width by 5ʼ at the latter point above and tapering to match the existing pavement width of 56ʼ at a point 265ʼ east of Genesee Street; and d. An increase of 9ʼ on Genesee Street, from 52ʼ to 61ʼ, from Scottsville Road to Genesee Park Boulevard; and

Page 105

TUESDAY, APRIL 8, 2003 e. An increase of 6ʼ on the west side of Genesee Street, from 36ʼ to 42ʼ, from Terrace Park to a point 205ʼ north of Terrace Park; and f. A variable increase along the east side of Genesee Street beginning by matching the existing pavement width of 36ʼ at a point 197ʼ south of Brooks Avenue and tapering to an increase in pavement width of 6ʼ, from 36ʼ to 42ʼ, at a point 152ʼ south of Brooks Avenue; and g. An increase of 6ʼ on Genesee Street, from 36ʼ to 42ʼ, beginning at the latter point above to Brooks Avenue. 2. The realignment of South Plymouth Avenue to connect with Brooks Avenue at the intersection of Genesee Street and Brooks Avenue; 3. The issuance of bonds totaling $1,000,000 and appropriation of the proceeds thereof to finance the cost of the public street improvements; and 4. The acquisition, by negotiation or condemnation, of two parcels required for street purposes. The street improvements will include reconstruction of a portion of Brooks Avenue and improvements to four intersections in the vicinity of the development area. The planned street improvements are based on a traffic study conducted by FRA Engineering in 1999. Subsequently, on October 23, 2001, City Council authorized an agreement with the FRA Engineering, P.C. for the planning and design of the project. The transportation improvements involve intersection improvements at: Brooks Avenue and Genesee Street, Genesee Street and Genesee Park Boulevard, Genesee Street and Elmwood Avenue and Scottsville Road, and Elmwood Avenue and South Plymouth Avenue. The project also involves reconstruction of Brooks Avenue from its intersection with South Plymouth Avenue to its intersection with Genesee Street and the removal of the Brooks Avenue / South Plymouth Avenue intersection. The 53ʼ pavement width on Scottsville Road will allow for a dedicated left turn lane, two thru lanes and a dedicated right turn lane in the eastbound direction, and two thru lanes in the westbound direction. The 61ʼ pavement width on Genesee Street between the intersection with Genesee Park Boulevard and the intersection with Elmwood Avenue provides for a dedicated right turn lane, a combined thru / left turn lane and a dedicated left turn lane in the southbound direction, and two lanes in the northbound direction. The 65ʼ to 71ʼ variable pavement width on Elmwood Avenue will allow for two thru lanes in the east bound direction and a combined thru / left lane, a thru lane, and a dedicated right turn lane in the west bound direction. The 6ʼ widening on Genesee Street from Terrace Park to north of Terrace Park will allow for on-street parking for the customers of the businesses along this portion of Genesee Street. The 6ʼ widening on the east side of Genesee Street from 197ʼ south of Brooks Avenue to Brooks Avenue will allow for one dedicated left turn lane, one dedi-

cated thru lane, one dedicated right turn lane in the north bound direction, and one lane in the south bound direction. Additional right-of-way needed for this widening will be dedicated as part of the subdivision approval process for the Brooks Landing project. The geometric changes at the intersection of South Plymouth Avenue and Brooks Avenue are necessary in order to curb off the portion of South Plymouth Avenue through Genesee Valley Park south of Brooks Avenue. Access to this portion of South Plymouth Avenue will be provided through a curb cut at the new development. Additional right-of-way needed for the modifications to Brooks Avenue, east of Genesee Street, will be dedicated as part of the subdivision approval process for the Brooks Landing project. Acquisition of two parcels will be required to accommodate the proposed improvements as follows: Address Owner

Easement Area Appraisal

31 Scottsville Rd. Pilar Glasow

507 sq. ft. $1,200

1331-1455 South Plymouth Ave. 660 sq. ft. Plymouth Gardens, Inc. 600 Total

$1,800

The appraised values were determined by Robert G. Pogel, SRPA. The acquisitions qualify as de minimus takings since each contains less than 2,000 square feet. The total cost of acquisitions and closing costs is estimated to be $2,200, which will be financed from proceeds of the proposed bond ordinance. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-42. Ordinance No. 2003-90 (Int. No. 130) Authorizing Changes In The Pavement Width Of Scottsville Road, Genesee Street And Elmwood Avenue And Changes To The Intersection Of Brooks Avenue And South Plymouth Avenue As A Part Of The Brooks Landing Street Improvements 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 as a part of the Brooks Landing Street Improvements Project: a. A variable increase on Scottsville Road beginning with the existing pavement width of 41 feet at a point 265 feet west of Genesee Street and increasing to a pavement width of 53 feet at Genesee Street; and b. An increase of 5 feet on Elmwood Avenue of pavement with an existing variable width, increasing from the existing width of 66 feet to 71 feet at Genesee Street and tapering to an increase in the pavement width from 60 feet to 65 feet at a point 165 feet east of Genesee Street;

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TUESDAY, APRIL 8, 2003

and

financing thereof, is $1,200,000. The plan of financing includes the issuance of $1,000,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $200,000 bonds previously appropriated in Ordinance No. 2001-359, 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.

c. A variable increase on Elmwood Avenue beginning with the increase in the pavement width of 5 feet at the latter point above and tapering to the existing width of 56 feet at a point 265 feet east of Genesee Street; and d. An increase of 9 feet on Genesee Street, from 52 feet to 61 feet, from Scottsville Road to Genesee Park Boulevard; and e. An increase of 6 feet on the west side of Genesee Street, from 36 feet to 42 feet, from Terrace Park to a point 205 feet north of Terrace Park; and f. A variable increase along the east side of Genesee Street beginning with the existing pavement width of 36 feet at a point 197 feet south of Brooks Avenue, and increasing to a pavement width of 42 feet at a point 152 feet south of Brooks Avenue; and g. An increase of 6 feet on Genesee Street, from 36 feet to 42 feet, beginning at the latter point above to Brooks Avenue. Section 2. The Council hereby further approves the realignment of South Plymouth Avenue at its connection with Brooks Avenue. Section 3. Such changes and additional changes as a part of the Brooks Landing Street Improvements Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 4. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Ordinance No. 2003-91 (Int. No. 131) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,000,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Brooks Landing Street Improvements 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 additional cost of the construction and reconstruction of certain streets, including but not limited to Brooks Avenue, Genesee Street, South Plymouth Avenue, Scottsville Road, Elmwood Avenue and Genesee Park Boulevard, as a part of the Brooks Landing Street Improvements 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

Section 2. Bonds of the City in the principal amount of $1,000,000 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. 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 1.1502. 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:

Page 107

TUESDAY, APRIL 8, 2003 (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or

Section 4. This ordinance shall take effect immediately.

(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

Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8.

(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 by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Ordinance No. 2003-92 (Int. No. 132) Authorizing The Acquisition By Negotiation Or Condemnation Of Permanent Easements For The Brooks Landing Street Improvements Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of permanent easements over the following parcels for the construction and maintenance of municipal improvements as a part of the Brooks Landing Street Improvements Project: Address SBL#

Reputed Owner Amount Easement Area

1331-1455 S. Plymouth Ave. Plymouth Gardens Inc. $ 600 Pt. of 135.35-01-17.1 660 sq. ft. 31 Scottsville Rd. Pilar Glasow Pt. of 135.50-01-29 507 sq. ft.

1,200

Section 2. The acquisitions shall obligate the City to pay an amount not to exceed $1,800, and said amount, plus necessary closing costs which are estimated not to exceed $400, shall be funded from a bond ordinance adopted for street improvements as a part of the Brooks Landing Street Improvements Project. Section 3. In the event that any or all of said easements cannot be acquired by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said easements.

Passed by the following vote:

Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Introductory No. 56 was introduced March 11, 2003, and appears in its original form with its transmittal letter on page 52 of the current Council Proceedings. Attachment No. AC-43 Ordinance No. 2003-93 (Int. No. 56) Adopting The Center City Master Plan And Amending Section 130-6 Of The Municipal Code BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves and adopts the Center City Master Plan on file in the Office of the City Clerk as follows: (a) Adoption of the Plan for the Public Realm contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval, of future public realm projects or actions proposed within Center City to include streets, parks, trails, open space and other pedestrian enhancement areas. (b) Adoption of the Schematic Plan contained within the Center City Master Plan as guidelines and supporting documentation to be used in the design and review/approval of future public and private development projects or actions proposed within Center City. (c) Adoption of the Design Principles contained within the Center City Master Plan as guidelines to be included in the cityʼs formal design review process. Section 2. Section 130-6 of the Municipal Code, Strategies, is hereby amended by deleting the word “and” after subdivision A(7) thereof, replacing the period after subdivision A(8) with “; and”, and by adding thereto the following new subsection A(9): (9) Center City Master Plan. Section 3. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Griswold April 8, 2003 To the Council: The Public Services & The Arts Committee recommends for adoption the following entitled legisla-

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TUESDAY, APRIL 8, 2003

tion:

Lunch

Int. No. 110 - Authorizing An Application And Agreements For The 2003 Summer Food Service Program For Children

Provision for the Summer Food Service Program will be included in the revenue estimates and appropriations of the 2003-04 Department of Parks, Recreation and Human Services budget.

Int. No. 111 - Establishing Maximum Compensation For A Professional Services Agreement For The Monroe Branch Library Improvement Project Respectfully submitted, Nancy K. Griswold Tony M. Thompson Gladys Santiago PUBLIC SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-94 Re: Agreements - 2003 Summer Food Service Program R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation relating to the 2003 Summer Food Service Program for children. This legislation will authorize agreements with the following: 1. The New York State Department of Education for the receipt and use of such funds as may be allocated to the City for the 2003 program; and 2. The Rochester City School District for preparation and delivery of the breakfast and lunches to be provided under the program. The Summer Food Service Program (SFSP) provides free meals during the summer to children 18 years of age or younger. Persons over age 18 who are determined by a state or local educational agency to be mentally and/or physically disabled and who are enrolled in a public or private non-profit program for children with disabilities during the school year are also eligible to participate in the meal program. The Department of Parks, Recreation and Human Services has administered the SFSP since 1976. Until 1993, only lunches were served. Beginning in 1994, breakfast service was available to all sites. The Rochester City School District Central Kitchen prepares and delivers the meals to the program sites. Because the City School District has certified that more than 50% of its total enrollment is eligible for free or reduced price school meals, all areas of the city are eligible for the SFSP program. In 2003, the program will operate at approximately 100 sites from June 30 through August 22. The selection of the specific sites will be based on proximity to youth service activities and past participation in the program. The City School District will prepare and deliver meals for SFSP at the following unit costs:

Breakfast

2002 CSD Rate

2003 CSD Rate

$1.05

$1.08

SFSP 2003 Reimbursement Rate $1.32

2.00

2.05

2.50

A three-year summary of total number of meals served is as follows: Year

Total Lunch Reimbursed

Total Breakfast Reimbursed

2002 2001 2000

120,198 155,596 179,647

64,964 73,307 90,976

The 2002 reduction was a result of two factors: first, two additional city entities began serving as SFSP sponsors, which caused the number of delivered meals to decrease. Second the City was unable to hire adequate seasonal staffing, which adversely affected the daily monitoring and reporting processes for the sites. For 2003, it is anticipated that the reimbursement will be $408,500, based on the projected figures of 73,000 breakfasts and 135,000 lunches. This projected increase over 2002 figures is based on increased marketing efforts, a revised seasonal staffing structure, and enhancements to the monitoring and reporting processes. This reimbursement figure will also support $52,900 in administrative and operating expenses and $7,000 for limited refuse collection. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-44 Ordinance No. 2003-94 (Int. No. 110) Authorizing An Application And Agreements For The 2003 Summer Food Service Program For Children 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 Department of Education for the funding for the 2003 Summer Food Service Program For Children. Section 2. The Mayor is hereby further authorized to enter into an agreement with the City School District for the preparation and delivery of meals pursuant to the program, contingent upon receipt of such funding. Section 3. The agreement shall obligate the City to pay an amount based on the unit cost of the meals, not to exceed $408,500, and said amount, or so much thereof as may be necessary, shall be funded from the 2003-04 budget of the Department of Parks, Recreation and Human Services, contingent upon approval of said budget and receipt of said funding. Section 4. The application and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately.

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The Parks, Public Works & The Environment Committee recommends for adoption the following entitled legislation:

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Int. No. 112 - Authorizing Agreements For The Adopt-A-Block Program

Ordinance No. 2003-95 Re: Monroe Branch Library Improvements

Int. No. 113 - Authorizing Agreements For Materials Testing Services

R2010: Campaign 7 - Quality Service

Int. No. 114 - Authorizing Agreements For The Adopt-A-Lot Program

Transmitted herewith for your approval is legislation authorizing an agreement with Konopka Architecture, PC, 1501 East Avenue, Suite 1, to provide architectural services to upgrade the Monroe Branch Library facilityʼs exterior envelope by correcting the deficiencies and curtailing further deterioration, and also by improving the plumbing systems within the facility. The maximum cost of the agreement will be $40,100, which will be financed from the 2000-01 Cash Capital allocation of the Department of Environmental Services. The Monroe Branch Library facility was constructed in 1932 and has many maintenance and repair needs because of its age. The project consultant will develop and recommend improvements and provide design, contract documents and construction administration services. Proposals were solicited and received from four organizations. Konopka Architecture, PC is recommended to provide the design services because of the qualifications of the personnel to be assigned to the project. The project design is scheduled to begin in Spring 2003 and be complete in Fall 2003. Construction is anticipated in the Spring and Summer of 2004. Respectfully submitted, William A. Johnson, Jr. Mayor

Int. No. 115 - Establishing Maximum Compensation For A Professional Services Agreement With LEaD For Training And Facilitation Services Int. No. 116 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $200,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The St. Paul Street Gateway (Ward Street To Bausch Street) Improvement Project Int. No. 117 - Establishing Maximum Compensation For A Professional Services Agreement For Municipal Parking Garage Improvements Int. No. 138 - Establishing Maximum Compensation For Professional Services Agreements And Appropriating Funds For The Fast Ferry Terminal Int. No. 139 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $7,345,025 Bonds Of Said City To Finance The Cost Of Constructing Fast Ferry Terminal Facilities Within The City Int. No. 140 - Authorizing Supplemental Agreements With The New York State Department Of Transportation For Port Of Rochester Public Improvement Projects Int. No. 141 - Amending Ordinances For Port Of Rochester Public Improvement Projects

Ordinance No. 2003-95 (Int. No. 111) Establishing Maximum Compensation For A Professional Services Agreement For The Monroe Branch Library Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $40,100, 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 Konopka Architecture, P.C. for design services for the Monroe Branch Library Improvement 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 the 2000-01 Cash Capital Allocation.

Int. No. 143 - Resolution Nominating Various Persons For Membership On The Rochester-Genesee Regional Transportation Authority The Parks, Public Works & The Environment Committee recommends for consideration the following entitled legislation: Int. No. 118 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To The Merchants/Winton Road Open Space District Int. No. 119 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 120 - Accepting Donation Of Real Estate For The Woodside/Goodwill Neighborhood Commercial Parking Lot

Section 2. This ordinance shall take effect immediately.

Int. No. 121 - Abandonment Of A Portion Of South Goodwill Street, As Amended

Passed unanimously.

Int. No. 122 - Local Improvement Ordinance - Establishment Of The Woodside/Goodwill Neighborhood Commercial Parking Lot

By Councilmember Stevenson April 8, 2003 To the Council:

Int. No. 133 - Amending Ordinance No. 2002-249 With Respect To Changes In The Pavement Width Of St. Paul Street As A Part Of The St. Paul Street Im-

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TUESDAY, APRIL 8, 2003

provement Project From Avenue E To Norton Street, As Amended Int. No. 135 - Amending Ordinance No. 2002-207 With Respect To Changes In The Pavement Width Of Chili Avenue As A Part Of The Chili Avenue Improvement Project Int. No. 136 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Design Services For The Chili Avenue Improvement Project Int. No. 137 - Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The Chili Avenue Improvement Project Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS & THE ENVIRONMENT COMMITTEE Received, filed and published.

Sweeping and litter removal services - $7.00 per worker hours up to 160 hours (November through May) Total

1,120 $8,546

The following organizations are participating in the program: West Main Business Association $ 42,730 Coalition of Northeast Associations 17,092 ISLA 17,092 North East Block Club Alliance 17,092 South East Area Coalition 17,092 Calvary Saint Andrews Parish 17,092 Lyell Avenue Revitalization Committee 17,092 Southwest Area Neighborhood Association 17,092 Catholic Family Center Francis Center 8,546 Community Place of Greater Rochester 8,546 Montgomery 8,546 Portland Avenue Business Association 8,546 Maplewood Business Association 8,546 Holy Rosary Church 8,546 Total $213,650 Following is a summary of participation during the past 10 years:

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-96 Re: Adopt-A-Block Agreements

Year

R2010: Campaign 1 - Involved Citizens Transmitted herewith for your approval is legislation authorizing agreements with eight organizations for participation in the 2003-04 Adopt-A-Block Program. The total maximum cost of these agreements will be $162,374. The cost of the entire 2003-04 AdoptA-Block program will be $213,650, which will be financed from the Improve the Housing Stock and General Property Conditions Community Development Block Grant Program. The Adopt-A-Block Program was initiated in 1988 to improve the cleanliness of highly visible areas of the city by increasing litter removal services. Under the program, neighborhood or community organizations contract with the City to supplement regular City cleaning services.

1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04 (proposed)

Number of Organizations

Contracts

13 12 14 14 16 16 17 14 15 14

19 22 23 26 26 26 27 24 26 25

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-45 Ordinance No. 2003-96 (Int. No. 112)

Proposals for participation in the 2003-04 program were solicited from 15 organizations. Fourteen organizations submitted proposals for the maintenance of 25 areas totaling 28.65 miles. All of these proposals are recommended for approval.

Authorizing Agreements For The Adopt-ABlock Program

Each organization will provide a minimum of two workers to perform special hand sweeping and litter removal services for at least seven hours each day, two days per week between May and October, and for up to 160 hours on “fair-weather” days between November and April. Sidewalks, tree lawn areas, and curb lanes will be cleaned.

Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations under the Adopt-A-Block Program:

The organizations will provide all necessary equipment. The City will provide additional refuse collection services as required. The fee to be paid for all 25 areas consist of the following: Administrative services Sweeping and litter removal services (May through October)

$1,500 5,926

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

Organization Coalition of Northeast Associations (CONEA) ISLA North East Block Club Alliance (NEBCA) South East Area Coalition (SEAC) Calvary Saint Andrews Parish Lyell Area Revitalization Committee (LARC) Southwest Area Neighborhood Association (SWAN) West Main Business Association

Amount $17,092 17,092 17,092 17,092 17,092 17,092 17,092 42,730

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TUESDAY, APRIL 8, 2003 Section 2. The agreements authorized herein and additional Adopt-A-Block agreements shall obligate the City to pay an amount not to exceed $213,650, 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 2002-03 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-97 Re: Agreements - Materials Testing R2010: Campaign 7 - Quality Services Transmitted herewith for your approval is legislation authorizing professional services agreements with the following companies for the testing and analysis of various construction materials: Company Address Columbia Analytical Services 1 Mustard Street CME Associates 385 Sherman Street ENSR 360 Linden Oaks Lozier Environmental Consulting 688 Winton Road N. Nothnagle Drilling 1821 Scottsville-Mumford Road Paradigm Environmental Services, Inc. 179 Lake Avenue SJB Services, Inc. 535 Summit Point Drive The costs of the testing will be financed from the annual budget of the departments using the services or from the capital funds, appropriated for construction projects. The tests will involve 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, bridges, and building renovation projects. The previous agreements for testing services were authorized by the City Council on May 15, 2001. 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 from seven companies; all seven responded and are recommended. Whenever 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 companyʼs special skills, and its ability to accommodate the Cityʼs 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 companyʼs proposal. Each of the agreements will have an initial term of one year with provision for renewal for an additional oneyear period. Adjustment of the specified unit prices during the second year will be permitted but will be subject to approval by the City Engineer. Following is a summary of the payments made under the agreements from 2001 through 2003: Company

Amount

Columbia Analytical Services $ 765 CME Associates 81,160 ENSR 299,947 Lozier Environmental Consulting 24,071 Nothnagle Drilling 13,023 Paradigm Environmental Services, Inc. 189,138 Van De Horst (SJB Services) 31,167 Total $639,271 Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-97 (Int. No. 113) Authorizing Agreements For Materials Testing Services 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 Columbia Analytical Services 1 Mustard Street CME Associates 325 Sherman Street ENSR 360 Linden Oaks Lozier Analytical Group 696 Winton Road N. Nothnagle Drilling 1821 Scottsville-Mumford Road Paradigm Environmental Services, Inc. 179 Lake Avenue SJB Services, Inc. 535 Summit Point Drive 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. This ordinance shall take effect im-

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mediately.

1999 2000 2001 2002

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

5 7 7 8

359 378 378 429

369 426 426 495

Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2003-98 Re: Adopt-A-Lot Agreements

Ordinance No. 2003-98 (Int. No. 114)

R2010: Campaign 1 - Involved Citizens Transmitted herewith for your approval is legislation authorizing agreements with eight neighborhood associations for the maintenance of vacant lots by Adopt-A-Lot. The total cost of the agreements will be $113,850, which will be financed from the 2002-03 budget of the Department of Environmental Services. Adopt-A-Lot, which began in 1983, is designed to increase the quality of vacant lot maintenance while decreasing its cost. Under the program, DES annually establishes the amount paid for maintenance of each vacant lot equivalent. Each lot equivalent represents a standard 40ʼ x 100ʼ parcel. DES prescribes maintenance standards and solicits proposals for such maintenance from the neighborhood associations in the areas in which the lots are located. The maintenance standard prescribed for the associations is the same standard used by the department. The associations are required to perform maintenance four or five times each season, with an emphasis upon maintenance during the Spring. Last season 495 lot equivalents were maintained by Adopt-A-Lot. This year the proposal is again for 495 lots. The following organizations will participate in the 2003 program: Organization

Amount

Coalition of Northeast Associations Group 14621 Marketview Heights Association Montgomery Neighborhood Center North East Block Club Alliance South West Area Neighborhood Association Urban League of Rochester West Main Business Association Total

$ 35,190 7,130 20,700 5,060 20,700 15,870 4,600 4,600 $113,850

In total, the eight organizations will be responsible for maintaining 495 lot equivalents, of the 3,000 Cityowned lots requiring maintenance. The established price for the 2003 program for yearly maintenance is $230 per lot equivalent. The eight organizations that participated in the 2002 program performed satisfactorily. They maintained 495 lot equivalents at a total cost of $113,850. The following is a summary of participation in the program since 1995. Year

No. of Organizations

No. of Lots

Lot Equivalents

1995 1996 1997 1998

4 5 5 5

384 397 342 371

399 410 365 398

Authorizing Agreements For The Adopt-A-Lot 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 under the Adopt-A-Lot Program: Organization

Amount

Coalition of Northeast Associations (CONEA) $35,190 Marketview Heights Association 20,700 North East Block Club Alliance (NEBCA) 20,700 Southwest Area Neighborhood Association (SWAN) 15,870 Section 2. The agreements authorized herein and additional Adopt-A-Lot agreements shall obligate the City to pay an amount not to exceed $113,850, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Department of Environmental Services. 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. 2003-99 Re: Amendatory Agreement - LEaD, Training And Facilitation Services R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an amendatory agreement with LEaD (principal: Lauren Spiker, 70 Linden Oaks), for continued training and facilitation services associated with the Department of Environmental Servicesʼ (DES) employee development plans. The maximum cost of the agreement will be $20,000, which will be financed from the 2002-03 budget of DES. LEaD (Leadership, Education, and Development) has provided training and assistance to DES since 1997 under periodic agreements. The most recent agreement, for training and facilitation services relating to leadership development, management fundamentals and customer service, was authorized by Council on May 14, 2002. Under the proposed amendatory agreement, LEaD will provide an additional 100 hours of training or facilitation services. The hourly fee will continue to

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TUESDAY, APRIL 8, 2003 be $200. If the amendatory agreement is approved, the total cost of the agreement will increase to $42,400 for a two-year period. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-99 (Int. No. 115) Establishing Maximum Compensation For A Professional Services Agreement With LEaD For Training And Facilitation Services BE IT ORDAINED, by the Council of the City of Rochester as follows: 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 LEaD for the continuation of training and facilitation services associated with the Department of Environmental Servicesʼ employee development plans. Said amount shall be funded from the 2002-03 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-100 Re: St. Paul Street Gateway Improvements R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation which will authorize issuance of bonds totaling $200,000 and appropriate the proceeds thereof to finance a portion of the cost of certain Gateway Improvements within the Street Improvement Program. St. Paul Street (Ward Street to Bausch Street) is one of several streets scheduled for milling and resurfacing under the 2003 Street Improvement Program. In addition to the resurfacing treatment, the segment of St. Paul Street between Ward Street and Bausch Street will receive enhanced treatments to the tree lawn area and the street lighting to improve this important arterial gateway street into the Center City. Currently, the tree lawn area between the sidewalk and the curb is asphalt and there is standard arterial lighting. The gateway treatment will replace the tree lawn area with an exposed aggregate sidewalk and enhance the street lighting. This implements objectives outlined by the Community at a 2002 St. Paul Street design charrette. This portion of St. Paul Street is one of the major gateways to the eastern portion of the High Falls and Center City areas. This treatment will enhance the streetscape for pedestrian use and augment the potential of economic redevelopment and growth within this area. Provision for these improvements is contained in the Capital Improvement Program. Construction is scheduled to begin this summer and to be completed in the fall of 2003. Respectfully submitted,

William A. Johnson, Jr. Mayor Ordinance No. 2003-100 (Int. No. 116) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $200,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The St. Paul Street Gateway (Ward Street to Bausch 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 St. Paul Street Gateway (Ward Street to Bausch 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 $200,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $200,000 bonds of the City to finance said appropriation, and the levy and collection of an ad valorem tax 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 $200,000 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 1.1502. 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

Page 114 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-101 Re: Agreement - MRA Architecture, P.C., Improvements at Seven Parking Garages R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with MRA Architecture, P.C., 590 South Avenue, for architectural services relating to various repairs to seven municipal parking garages. The maximum cost of the agreement will be $55,000, which will be funded from 2001-02 Cash Capital and the Cultural Center Commission. The renovations include improvements to masonry and electric, and upgrades to the camera surveillance

TUESDAY, APRIL 8, 2003 systems at the Genesee Crossroads, High Falls, South Avenue, Sister Cities, Court Street, Washington Square and the East End Garages. The improvements will extend the useful life of the garages, update their appearance and improve security. The agreement will be financed from the Economic Development Department parking fund allocation, $30,000, and from the Cultural Center Commission, $25,000. Proposals were solicited from six, and received from four organizations. MRA Architecture, P.C. is recommended to perform the design services based on qualifications and ability to perform within the time period specified by the City. The design is scheduled to begin in Spring 2003 and it is anticipated that construction will begin in Fall 2003 and completed in Spring 2004. The cost of construction is estimated to be $525,000 and is provided for in the 2001-02 Cash Capital allocation of the Economic Development Department (Parking Fund) $296,000 and the Cultural Center Commission $229,000. Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2003-101 (Int. No. 117)

Establishing Maximum Compensation For A Professional Services Agreement For Municipal Parking Garage Improvements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $55,000, 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 MRA Architecture, P.C. for design services for improvements to the municipal parking garages. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $30,000 shall be funded from the 2001-02 Cash Capital Allocation and $25,000 shall be funded by the Cultural Center Commission. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2003-102, 2003-103, 2003-104, And 2003-105 Re: Port of Rochester Public Improvement Project R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation that will: 1. Authorize a professional services agreement with LeCesse Construction, 75 Thruway Park, Henrietta, 14586, for construction management services for the Fast Ferry Terminal Facilities project. The maximum cost of the agreement will be $850,000 and will be financed from federal TEA-21 funds and the bond ordinance proposed below;

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TUESDAY, APRIL 8, 2003 2. Amend Ord. No. 2003-40 to increase the compensation to LaBella Associates for construction phase design services from $332,000 to $665,000. The total increase of $333,000 will be financed with $41,460 from anticipated reimbursements from the Federal Highway Administration appropriated in Section 6 herein, $250,000 from 1999-2000 Cash Capital, and $41,540 from the bond ordinance proposed below. 3. Authorize the issuance of bonds totaling $7,345,025 and appropriate the proceeds thereof to partially finance the construction of the Fast Ferry Terminal Facilities; 4. Appropriate $5,042,000, ($542,000 HPP, and $4,500,000 2002 Ferry Boat Discretionary) from anticipated reimbursements from the Federal Highway Administration to partially finance construction of the Port of Rochester Public Improvement Projects; 5. Authorize supplemental agreements with NYSDOT as necessary to adjust the share distribution to add the cost of project administration and reflect actual eligible expenses as follows: Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

Federal__ Admin. Project $388,000 $1,196,400 48,800 2,083,610 0 215,000 6,400 894,000 15,680 1,502,000 7,200 2,801,460 $466,080 $8,692,470

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

NYS Marchiselli Admin. Project $72,750 $ 84,500 9,150 391,000 0 0 0 0 2,940 282,000 0 0 $84,840 $757,500

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

NYS Multi-modal $437,000 0 0 0 0 0 $437,000

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

Total $ 3,419,400 2,905,610 270,000 2,396,000 2,573,600 3,848,000 $15,412,610

Local $1,240,750 373,050 55,000 1,495,600 770,980 1,039,340 $4,974,720

6. Amend various ordinances to reduce appropriations of anticipated reimbursement of federal and state aid as follows:

Ord. No. P.I.N. Project Original Amendment

Variance

99-82

4752.60 Design/Engineering $2,100,000 $ 796,400 $1,303,600 2001-09 4753.02 River Street 2,521,000 2,083,610 437,390 2001-266 4753.45 Site Preparation 800,000 215,000 585,000 2003-40 4735.50 Marine Improvements 2,981,000 2,801,460 179,540 2003-62 4735.55 Steel fabrication 660,000 514,800 145,200 and reappropriate the balances, totaling $2,650,730, to partially finance the cost of the Port of Rochester Public Improvement Projects. 7. Amend Ordinance 99-245 authorizing a design services agreement to reduce the amount of Federal Highway Administration (High Priority Projects Program) anticipated reimbursements appropriated by Ord. 99-82 by $270,000 and finance that amount from Federal Highway Administration (Coordinated Border Infrastructure Program) anticipated reimbursements appropriated by said ordinance (Ord.99-245). 8. Amend Ordinance No. 2001-226 authorizing an amendatory design services agreement to reduce the amount financed from Ord. 99-82, Federal Highway Administration anticipated reimbursements by $290,000 and finance said amount from Ord. 99-82, Monroe County anticipated reimbursements. 9. Amend Ordinance No. 99-246 to correct a technical reference. The description for the ordinance and Section 1 of the ordinance refers to $410,000 in bonds previously authorized by Ord. No. 99-82. The $410,000 was appropriated from anticipated reimbursements for the County of Monroe, not bonds. 10. Amend Ord. No. 2002-135 related to the Port Access Roads Project Resident Project Representation services agreement to revise the financing to fund $35,880 from anticipated reimbursements from New York State Department of Transportation (NYSDOT) appropriated in Ord. No.2002 -362 in place of funding from the 1999-2000 Cash Capital allocation. Construction Manager Agreement The City solicited proposals from twelve firms; six of the firms responded. LeCesse was selected based on the firmʼs familiarity with the project and their qualifications, experience and the firmʼs approach to the project. Construction Phase Design Services Agreement The agreement authorized in Ord. 2003-40 with LaBella Associates is specified for construction phase design services related to the marine improvements project. The proposed increase in compensation will add construction phase design services for the terminal construction and site improvement projects. LaBella Associates was selected to provide the services based on the firmʼs familiarity with the project and its ability to perform within the period specified by the City. Terminal Facilities

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TUESDAY, APRIL 8, 2003

As you are aware, construction of the Fast Ferry Terminal Facilities includes renovation of the north warehouse, improvements to the river wall to provide vessel berthing, and construction of site improvements required for vehicular embarkation and debarkation and United States Bureau of Customs and Border Protection facilities. The public improvements will also provide utility and building system connections and services to future commercial space that will be developed for operation of a transportation terminal. Construction of the Fast Ferry Terminal began in March 2003 with the Selective Demolition and Site Preparation contract, followed by the contract for reconstruction of the River wall and the contract for steel procurement for the terminal structure. It is anticipated that ten (10) prime contracts will be bid to complete the Fast Ferry Terminal facilities, 6 of which are currently being bid as follows: Federal ID No. 4753.53 Federal ID No. 4752.60 Federal ID No. 4752.60 Federal ID No. 4752.60 Federal ID No. 4752.60 Federal ID No. 4752.60

Site Improvements Roofing HVAC Plumbing and Fire Protection Glazing, Aluminum Windows and Skylights General Construction

Additional contracts will be bid pending design approval from the federal Bureau of Customs and Border Protection. Those contracts include: Federal ID No. 4752.60 EFIS Federal ID No. 4752.60 Federal ID No. 4752.60 Federal ID No. 4753.53

Drywall, Acoustical, & Painting Flooring Pedestrian Gangway Vehicle Ramp

The total cost of these contracts for the Fast Ferry Terminal Facilities are estimated to be $14,972,900, which includes 17% allocated for items not in the contract, contingency and administration. The costs will be financed as follows: Source HPP FBD 1999-2000 Cash Previous Bond Proposed Bond Total

Construction $ 1,786,600 4,129,830 0 74,360 5,506,210 $11,497,000

CM $520,200 0 0 0 329,800 $850,000

Source HPP FBD 1999-2000 Cash Previous Bond Proposed Bond Total

Construction Phase Design $221,000 0 250,000 62,460 41,540 $575,000

Conting. $ 122,305 348,310 14,400 0 1,449,350 $1,934,365

Source HPP FBD 1999-2000 Cash Previous Bond Proposed Bond Total

NYS/City Admin. Total $ 76,550 $ 2,726,655 21,860 4,500,000 0 264,400 0 136,820 18,125 7,345,025 $116,535 $14,972,900

The funding authorizations are being requested herein to allow for expeditious award of the remaining contracts to facilitate the terminal completion scheduled for Spring 2004. Port of Rochester Project Administration The proposed supplemental agreements with the NYSDOT and amendments to the project appropriations requested herein are required to formally allocate a portion of the available federal and state aid to cover the cost of State and City administration of the project. The legislation being requested herein shall set forth these costs for each project component for previously executed NYS Master Agreements. Amend Various Ordinances The legislative amendments are required to revise NYS Master Agreements and reflect actual project costs. Eligible project costs identified in these NYS Master Agreements were originally based on engineersʼ estimates prior to construction. The funds will be allocated to other port project components. Design Agreement Funding Source Monroe County funds are only eligible to finance preliminary design and engineering. These funds will replace anticipated reimbursements from the Federal Highway Administration which will be used to finance other port project components. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-46 Ordinance No. 2003-102 (Int. No. 138) Establishing Maximum Compensation For Professional Services Agreements And Appropriating Funds For The Fast Ferry Terminal BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $850,000, 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 LeCesse Construction for construction management services related to the Fast Ferry Terminal Facilities Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $520,200 shall be funded from the appropriation made in Section 3 and $329,800 shall be funded from a bond ordinance adopted for construction of the Fast Ferry Terminal Facilities. Section 2. The sum of $333,000, 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 for resident project representation services related to the Port of Rochester Public Improvements Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $41,460 shall be funded from the reappropriation of anticipated reimbursements from the Federal Highway Administration for construction of the Fast Ferry Terminal Facilities approved at this meeting, $250,000

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TUESDAY, APRIL 8, 2003 shall be funded from the 1999-2000 Cash Capital Allocation and $41,540 shall be funded from a bond ordinance adopted for construction of the Fast Ferry Terminal Facilities. Section 3. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $5,042,000, constituting $542,000 in High Priority Projects Program Funds and $4,500,000 in Ferry Boat Discretionary Funds, or so much thereof as may be necessary, to fund Port of Rochester Public Improvement Projects. Section 4. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-103 (Int. No. 139) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $7,345,025 Bonds Of Said City To Finance The Cost Of Constructing Fast Ferry Terminal Facilities 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 the cost of constructing an approximately 56,000 square foot fast ferry terminal on City owned land on the west side of the Genesee River at 4752 Lake Avenue to provide facilities for U.S. Homeland Security border inspection of passengers and vehicles, as well as operations for the fast ferry including ticketing, baggage handling, departures, arrivals and offices, as well as commercial and retail space, within the City (the “Project”). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $15,520,875. The plan of financing includes the issuance of $7,345,025 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $170,000 bonds of the City previously appropriated in Ordinance No. 2003-63, $514,800 in funds from the Federal Highway Administration appropriated in Ordinance No. 200362, $7,226,650 in funds expected to be appropriated and received from the Federal Highway Administration and $264,400 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 $7,345,025 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 $7,345,025. 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.46 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 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 by the following vote: Ayes - President Giess, Councilmembers Curran,

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TUESDAY, APRIL 8, 2003

Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. Ordinance No. 2003-104 (Int. No. 140) Authorizing Supplemental Agreements With The New York State Department Of Transportation For Port Of Rochester Public Improvement Projects BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into supplemental agreements with the New York State Department of Transportation for Port of Rochester Public Improvement Projects as may be necessary to adjust the share distribution to add the cost of project administration and reflect actual eligible expenses as follows: Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

Federal__ Admin. Project $388,000 $1,196,400 48,800 2,083,610 0 215,000 6,400 894,000 15,680 1,502,000 7,200 2,801,460 $466,080 $8,692,470

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

NYS Marchiselli Admin. Project $72,750 $ 84,500 9,150 391,000 0 0 0 0 2,940 282,000 0 0 $84,840 $757,500

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

NYS Multi-modal $437,000 0 0 0 0 0 $437,000

Design River St. Site Prep. Beach Ave. Port Access Marine Imp. Total

Total $ 3,419,400 2,905,610 270,000 2,396,000 2,573,600 3,848,000 $15,412,610

Local $1,240,750 373,050 55,000 1,495,600 770,980 1,039,340 $4,974,720

Section 2. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-105 (Int. No. 141) Amending Ordinances For Port Of Rochester

Public Improvement Projects BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following Ordinances are hereby amended to reduce the appropriations of anticipated reimbursements from the Federal Highway Administration as follows: Ord. No. P.I.N. Project Original Amendment

Variance

99-82

4752.60 Design/Engineering $2,100,000 $ 796,400 $1,303,600 2001-09 4753.02 River Street 2,521,000 2,083,610 437,390 2001-266 4753.45 Site Preparation 800,000 215,000 585,000 2003-40 4735.50 Marine Improvements 2,981,000 2,801,460 179,540 2003-62 4735.55 Steel fabrication 660,000 514,800 145,200 Total $2,650,730 Section 2. The amount of anticipated reimbursements from the Federal Highway Administration reduced in Section 1, totaling $2,650,730, or so much thereof as may be necessary, is hereby reappropriated to fund the Port of Rochester Public Improvement Projects. Section 3. Ordinance No. 99-245, relating to an agreement for architectural and engineering services, as amended, is hereby further amended by reducing the amount of funding for said agreement from the anticipated reimbursements from the Federal Highway Administration (High Priority Projects Program) appropriated in Section 3 of Ordinance No. 99-82 by the sum of $270,000, and by replacing said amount with anticipated reimbursements from the Federal Highway Administration (Coordinated Border Infrastructure Program) appropriated in Section 2 of Ordinance No. 99-245. Section 4. Ordinance No. 2001-226, relating to an amendatory agreement for design services, is hereby amended by reducing the amount of funding for said agreement from the anticipated reimbursements from the Federal Highway Administration (High Priority Projects Program) appropriated in Section 3 of Ordinance No. 99-82 by the sum of $290,000, and by replacing said amount with anticipated reimbursements from the County of Monroe appropriated in Section 5 of Ordinance No. 99-82. Section 5. Ordinance No. 2002-135, relating to an agreement for resident project representation services, is hereby amended by reducing the amount of funding for said agreement from the 1999-2000 Cash Capital Allocation by the sum of $35,880, and by replacing said amount with anticipated reimbursements from the New York State Department of Transportation appropriated in Section 1 of Ordinance No. 2002-362. Section 6. Ordinance No. 99-246, relating to a bond for design of the Fast Ferry Terminal Facilities, is hereby amended by changing the source of funds referenced in Section 1 therein from bonds previously authorized on Ordinance No. 99-82 to anticipated reimbursements from the County of Monroe appropriated in Section 5 of Ordinance No. 99-82. Section 7. This ordinance shall take effect immediately.

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TUESDAY, APRIL 8, 2003 Passed unanimously.

Section 3. The City Clerk is hereby authorized and directed to transmit copies of the Resolution to the Governor and to the Rochester-Genesee Regional Transportation Authority.

TO THE COUNCIL Ladies and Gentlemen: Resolution No. 2003-13 Re: RGRTA Appointments Transmitted herewith for your approval is legislation nominating the following persons for appointment to the Rochester-Genesee Regional Transportation Authority (RGRTA). Thomas R. Argust Paul E. Haney 37 Gaslight Lane 424 Broadway Rochester, NY 14610 Rochester, NY 14607 Pursuant to section 1299dd of the NYS Public Authorities Law, the Commissioners of the RGRTA are appointed by the Governor with the advice and consent of the Senate. The persons considered for appointment are nominated by the legislative bodies of the participating municipalities. Two nominations are required for each commissioner position, along with a recommendation of one of the two. Mr. Argust is so recommended. In January 2002, City Council nominated Thomas P. Ryan, Jr. and Mr. Haney for this vacant seat. Subsequently, the Governor appointed Mr. Ryan and forwarded his nomination to the Senate for confirmation. The Senate adjourned in 2002 without acting on that confirmation, and Mr. Ryan passed away on March 14. The City is entitled to three seats on the Authority Board; Stephen Horstman and Marilyn Schutte currently fill the other two seats. The proposed nominations are intended to fill the remaining vacant seat allocated to the City. The length of term for each Commissioner is five years. Mr. Argustʼs resume is on file in the City Clerkʼs office Respectfully submitted, Lois J. Giess President

Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1515 Re: Merchants/Winton Road Open Space District R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the eighth annual maintenance budget for the Merchants/Culver Road Open Space District and apportioning this cost among the properties included in the district. The district was established by the City Council on August 20, 1996 to preserve as open space approximately 1.5 acres of land on Merchants Road. The district includes 71 properties on Winton, Merchants, Royleston, Woodstock, Marsden and Elmcroft Roads. The open spaced land consists of one parcel that was owned by the City prior to establishment of the district and one parcel that was acquired by the City in 1996 at a total cost of $30,000. The cost of acquisition is being amortized over 10 years at a rate of 5%, or at about $2,720 per year. The budget for maintenance of the land is established annually. For 2003-04, the budget will be $500, or the same as the 2002-03 budget.

Resolution No. 2003-13 (Int. No. 143) Resolution Nominating Various Persons For Membership On The Rochester-Genesee Regional Transportation Authority BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council of the City of Rochester hereby nominates the following two persons to fill a single vacancy on the Rochester-Genesee Regional Transportation Authority created by the resignation of Thomas Toole: Thomas R. Argust 37 Gaslight Lane Rochester, NY 14610

Section 4. This resolution shall take effect immediately.

Paul E. Haney 424 Broadway Rochester, NY 14607

Section 2. Pursuant to section 1299-dd of the Public Authorities Law, the Council hereby requests that the Governor of the State of New York appoint one of the persons named in Section 1 to fill the vacancy on the Rochester-Genesee Regional Transportation Authority. The Council hereby recommends the appointment of Thomas R. Argust. to such position because of his interest and expertise in the regional transit activities of the Rochester-Genesee Regional Transportation Authority.

The total charges will be apportioned among the properties within the district based upon their assessed values, without consideration of any exemptions. The properties are classified into two groups or tiers: 1. Properties that are within the triangular area that contains the open space; and 2. Properties that are across the street from the triangular area. The charges for properties within the first group will be based upon total assessed values while charges for properties within the second group will be based upon two-thirds of their assessed values. If the proposed maintenance budget is approved, the charges for the individual properties within the district will be prepared and submitted to the Council for consideration. The property owners will be provided with an opportunity to review these assessments and to comment upon them at a public meeting. A public hearing on the proposed legislation is required. Respectfully submitted, William A. Johnson, Jr. Mayor

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Attachment No. AC-47 Local Improvement Ordinance No. 1515 (Int. No. 118) Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To The Merchants/Winton Road Open Space District BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The maintenance cost of the special work and services for the 2003-04 fiscal year for the Merchants/Winton Road Open Space District is established as $500, which with the previously approved capital costs of $2,719.60 establishes a total assessment of $3,219.60, and said total amount shall be allocated and levied in accordance with Local Improvement Ordinance No. 1395. Section 2. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen:

R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation approving the appropriations and assessments, for energy and maintenance costs only, for six street lighting districts. 2003-04

Wilson Boulevard $ 523.85 Lyell Avenue I 2,105.41 Lyell Avenue II 2,310.36 Monroe I 1,379.20 Monroe II 601.19 Cascade Dr/Washington St 1,544.20 Norton Street 1,306.09 Lake Ave 3,906.08

The first Lyell Avenue district was established by the Council on August 11, 1992. It includes 72 properties along the portion of Lyell Avenue between State and Broad Streets and at the intersections of Lyell and Saratoga Avenue, 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 fixtures with 250-watt fixtures on four poles at the aforementioned intersection. The second Lyell Avenue district was established by the Council on May 9, 1998. It 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 first Monroe Avenue district was established by the Council on March 18, 1998. It includes 102 properties along the portion of Monroe Avenue between the Inner Loop and Interstate 490. The second Monroe Avenue district was established by the Council on March 18,1998. It includes 68 properties along the portion of Monroe Avenue between Interstate 490 and Culver Road.

Local Improvement Ordinance No. 1516 Re: Street Lighting Districts

District

property owned by the U. of R., was established by the City Council on May 9, 1995. The enhancements involved the installation of six additional lighting fixtures.

2002-03

Variance

$ 523.85

$0

2,105.41

0

2,310.36 1,379.20 601.19

0 0 0

1,544.20 1,306.09 3,906.08

0 0 0

The enhancements on the Monroe Avenue districts include: pole fluting; material and labor to install pedestrian level lighting fixtures and banner brackets; and annual energy and maintenance costs for the light fixtures. The Cascade/Washington district was established by Council on February 17, 1999. It includes 29 properties along Cascade Street and Washington Street from Main Street E to the north end. The enhancements consist of the differential between maintenance and operation of a standard davit system and the post top ornamental system. The Norton district was established by Council on May 12, 1998. It includes nine properties along Excel Drive, from Norton and Bastian. The enhancements include pedestrian level lighting fixtures on Excel Drive and the retention of acorn fixtures on the north side of Norton Street; and the annual energy and maintenance costs for the light fixtures.

The districts were established either to enhance lighting levels and thereby improve security and safety in the affected area or to enhance the aesthetic appearance of the area. The costs of the original enhancements were financed by the University of Rochester (Wilson Boulevard); Community Development Block Grants funds (Lyell I & II); City funds (Monroe I & II) and federal funds (Cascade/Washington & Norton).

The Lake Avenue district was established by Council on August 24, 2000. It includes 67 properties along Lake Avenue between Beach Avenue and Stutson Street. The enhancements consist of 26 post top 100watt lights and 25/100-watt pedestrian lights mounted on the roadway poles.

The proposed assessments represent the costs of energy and maintenance or the amortization of capital costs. They will be apportioned among the properties within the districts on the basis of front footage.

Respectfully submitted, William A. Johnson, Jr. Mayor

The Wilson Boulevard district, which includes only

A public hearing is required.

Local Improvement Ordinance No. 1516 (Int. No. 119)

Page 121

TUESDAY, APRIL 8, 2003 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 maintenance of special assessment districts for street lighting enhancements during 200304: Street Lighting District Amount Wilson Boulevard $ 523.85 Lyell Avenue I 2,105.41 Lyell Avenue II 2,310.36 Monroe Avenue I 1,379.20 Monroe Avenue II 601.19 Cascade Historic 1,544.20 Norton Street Urban Renewal 1,306.09 Lake Avenue 3,906.08

LIO 1374 1502 1503 1413 1412 1429 1422 1472

Section 2. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2003-106, 2003-107, And Local Improvement Ordinance No. 1517 Re: Neighborhood Commercial Parking Lot - West Ridge Road R2010: Campaign 7 - Healthy Urban Neighborhoods Campaign 9 - Quality Service Transmitted herewith for your approval is legislation related to the establishment of a neighborhood commercial parking lot in conjunction with the New York State Department of Transportation West Ridge Road Public Improvement Project. The legislation will: 1. Authorize establishment of a neighborhood commercial off-street parking lot district; 2. Establish the 2003-2004 budget for the district; 3. Authorize the acceptance of donations of portions of three parcels needed for construction of the parking lot; and 4. Amend the Official Map to abandon a portion of South Goodwill Street. A neighborhood commercial off-street parking lot is proposed as part of the West Ridge Road project to mitigate a loss of parking caused by construction of the project. The parking lot will be established pursuant to City Council Resolutions 79-15 and 7916, approved on January 23, 1979. In accordance with these resolutions, the establishment is intended

to improve the competitiveness of the West Ridge Road businesses through the provision of additional off-street parking spaces. The 120 space lot will be constructed on land to be donated to the City and land to be made available by the abandonment of a portion of South Goodwill Street. The NYSDOT has agreed to construct the parking lot as construction mitigation for the West Ridge Road reconstruction project. The parking lot construction is scheduled to begin this spring and to be completed this summer. Donation of a portion of three properties will be required to accommodate the proposed improvements. Owners of the three properties have all agreed to donate the land. The properties are as follows: Property SBL Number 090.26-02-3.2 090.26-02-4.1 090.26-02-20

Area to be Donated

Owner Eastman Kodak Co. Eastman Kodak Co. Michael E. OʼConnell

22,883 sf 30,640 sf 1,300 sf

The first yearʼs operating and maintenance costs is estimated to be $7,700 and such amount shall be billed against the parcels of property within the district for the 2003-04 year. The amount to be billed for succeeding years will be determined each year by a separate local improvement ordinance. The assessment for each property will be based upon its relative “parking deficit”. The calculation of this deficit will be based upon the standards specified for the properties by the Zoning Ordinance, which considers building size and type of use. The current parking deficit for the eight properties included in the proposed district is 300 spaces. Establishment of the district will therefore reduce this deficit by about 40%. The properties within the district and the first yearʼs assessment percentage and assessment cost are as follows: Street Address 360 W. Ridge Road 308.00 368 W. Ridge Road 374 W. Ridge Road 380-384 W. Ridge Road 398 W. Ridge Road 400-404 W. Ridge Road 408-412 W. Ridge Road 416 W. Ridge Road Total

Percentage 4.0% 1.7 2.7 15.4 7.0 34.4 8.0 26.8_ 100.0%

Amount $ 130.90 207.90 1,185.80 539.00 2,648.80 616.00 2,063.60 $7,700.00

A total of 62.5% of the property owners, accounting for 86.3% of the proposed total cost assessment, have signed a petition for establishment of the district. Under Council resolution 79-15, the signatures of at least 50% of the property owners, accounting for at least 75% of the proposed total cost assessment, is required. The City Planning Commission will hear the request for the Official Map Amendment on March 24, 2003. A public hearing on establishment of the parking lot district is required. Respectfully submitted, William A. Johnson, Jr. Mayor

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TUESDAY, APRIL 8, 2003

Attachment No. AC-48

ning. Ordinance No. 2003-106 (Int. No. 120)

Accepting Donation Of Real Estate For The Woodside/Goodwill Neighborhood Commercial Parking Lot 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 portions of the following parcels to be used for construction of the Woodside/ Goodwill Neighborhood Commercial Parking Lot: SBL No. 090.26-02-3.2 090.26-02-4.1 090.26-02-20

Reputed Owner Eastman Kodak Co. Eastman Kodak Co. Michael E. OʼConnell

The above described parcel contains 0.170± acre of land more or less and is depicted on a drawing entitled “Municipal Resubdivision No. 1-2003”, prepared February 20, 2003 by the City of Rochester Survey Department. Section 2. The abandonment authorized herein shall take effect upon compliance by the applicant with the following conditions: [provisions established by the City Planning Commission in its recommendations of March 24, 2003.] a. Acquisition by the City of portions of three adjoining parcels for construction of a Neighborhood Commercial Parking Lot;

Area (Sq. Ft.)

b. The execution and filing of necessary easements for utilities and facilities; and

22,883 30,640 1,300

c. The conditions shall be met within six months of the adoption of this ordinance by the applicant filing a written certification with the City Engineer, containing information satisfactory to the City Engineer. The City Engineer may extend this period for an additional twelve months if the applicant has made a good faith effort and circumstances beyond the applicantʼs control have prevented completion. Upon acceptance of the certification, the City Engineer shall file a letter with the City Clerk stating that the conditions have been met and the abandonment shall be effective.

Section 2. Upon acquisition by the City, City taxes and other charges against said parcels shall be canceled. Any taxes levied after the date of closing, while the City still owns the parcels, shall also be canceled. Said parcels shall be accepted free and clear of any other outstanding liens or encumbrances. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-107 (Int. No. 121, As Amended) Abandonment Of A Portion Of South Goodwill Street 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 parcel, heretofore dedicated to street purposes and constituting a portion of South Goodwill Street: All that tract or parcel of land situate in Town Lot 25 of the 20,000 acre tract, City of Rochester, County of Monroe, State of New York and being more particularly bounded and described as follows: Beginning at a point on the westerly street line of South Goodwill Street at a point 150.50 feet northerly from the northerly street line of West Ridge Road; Thence 1) N 30° 07ʼ 40” E, along the westerly street line of South Goodwill Street, a distance of 147.85 feet to a point; Thence 2) S 59° 52ʼ 20” E, a distance of 50.00 feet to a point on the easterly street line of South Goodwill Street; Thence 3) S 30° 07ʼ 40” W, along said easterly street line a distance of 147.85 feet to a point; Thence 4) N 59° 52ʼ 20” W, a distance of 50.00 feet to the point or place of begin-

Section 3. The Council hereby approves the granting of easements to the Rochester Pure Waters District and the Eastman Kodak Company and any other necessary parties for the maintenance of existing sewers and water mains and facilities. Section [3] 4. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. Local Improvement Ordinance No. 1517 (Int. No. 122) Local Improvement Ordinance - Establishment Of The Woodside/Goodwill Neighborhood Commercial Parking Lot WHEREAS, the Council wishes to create a ten-year assessment district for the operation and maintenance of the Woodside/Goodwill Neighborhood Commercial Parking Lot. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Woodside/Goodwill Neighborhood Commercial Parking Lot shall be operated and maintained for a period of ten years, commencing with the 2003-04 year. Such operation and maintenance shall include but not be limited to snow plowing, cleaning and lighting. Section 2. The Council hereby finds that the operation and maintenance of such parking lot will benefit the parcels of commercial property within a district described as follows: Address

SBL Number

Page 123

TUESDAY, APRIL 8, 2003 360 West Ridge Road 368 West Ridge Road 374 West Ridge Road 380-384 West Ridge Road 398 West Ridge Road 400-404 West Ridge Road 408-412 West Ridge Road 416 West Ridge Road

090.26-02-17 090.26-02-18 090.26-02-19 090.26-02-20 090.26-02-21 090.26-02-22 090.26-02-23 090.26-02-24

Such district is hereby defined to be the special assessment district for the operating and maintenance costs of the Woodside/Goodwill Neighborhood Commercial Parking Lot, and the full amount of the annual operating and maintenance costs of such parking lot shall be annually assessed against the parcels of commercial property within such district for each of the next ten years. Section 3. The Council hereby finds that the operation and maintenance of the Woodside/Goodwill Neighborhood Commercial Parking Lot benefits each parcel of commercial property within the special assessment district according to each parcelʼs “parking space requirement”. “Parking space requirement” is defined for purposes of this ordinance as the number of off-street parking spaces required for that property under the Cityʼs zoning ordinance, minus any parking spaces presently existing for the property. Thus, the annual operating and maintenance costs of the Woodside/Goodwill Neighborhood Commercial Parking Lot shall be allocated each year among the properties within the district in proportion to each parcelʼs “parking space requirement”, based on its use at the beginning of that fiscal year. Section 4. The cost of such operation and maintenance is estimated to be $7,700 for the 2003-04 year, and such amount shall be billed as special assessments against the parcels of property within the district for the 2003-04 year. The amount to be billed for succeeding years shall be determined each year by a separate local improvement ordinance. Such amounts shall be appropriated from the special assessments. Such assessments shall be billed each year on the regular tax bill for the parcels of property within the district. Section 5. The Council hereby determines that it is impracticable to have the parking lot operating and maintenance work done by competitive contract, and therefore authorizes the Mayor to enter into annual agreements for each of the next ten years with the merchants benefited by the parking lot, or an organization established by the merchants, to perform the annual operating and maintenance work. Section 6. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-108 Re: St. Paul Street Improvement Project (Avenue E to Norton Street) R2010: Campaign 7 - Quality Services

Transmitted herewith for your approval is legislation relating to the St. Paul Street Public Improvement Project. This legislation will amend previously approved pavement-width changes to read as follows: 1. A taper on St. Paul Street from the existing pavement width of 50 feet to 40 feet, starting 100 feet north of Avenue E and ending 215 feet north of Avenue E; 2. An increase on St. Paul Street of 2 feet, from 38 feet to 40 feet, from the latter point to 220 feet south of Norton Street; 3. A taper from 40 feet to 42 feet, beginning at the latter point to 240 feet south of Norton Street; 4. An increase on St. Paul Street of 4 feet, from 38 feet to 42 feet, beginning at the latter point to Norton Street; 5. A recessed parking area 8 feet wide beginning 90 feet north of Saranac Street, northerly for a distance of 75 feet along the west side of St. Paul Street; 6. A recessed parking area 8 feet wide beginning 180 feet south of Norton Street, southerly for a distance of 55 feet along the west side of St. Paul Street; 7. An additional tapered narrowing from the proposed width of 40 feet to the proposed width of 35 feet, beginning 115 feet south of Dorbeth Road to Dorbeth Road; 8. An additional narrowing of 5 feet on the east side of St. Paul Street, beginning at a point 40 feet south of Northview Terrace to a point 40 feet north of Northview Terrace; 9. An additional narrowing of 5 feet on the east side of St. Paul Street, beginning at a point 40 feet south of Saranac Street to a point 40 feet north of Saranac Street; and 10. An additional narrowing of 5 feet on the east side of St. Paul Street, beginning at a point 37 feet south of Beach Street to a point 37 feet north of Beach Street. The project consists of pavement reconstruction, new granite curbs, concrete sidewalks, catch basin, pavement markings and driveway aprons; a new water main, services and hydrants; a new street lighting system and tree plantings, topsoil and seed. The preparation of the engineering design for this project, by Fisher Associates, was authorized by City Council on August 21, 2001. Pavement width changes were authorized by City Council on August 20, 2002; the proposed legislation will amend those prior changes. Group 14621 Community Association held a design charrette for the St. Paul corridor on June 8, 2002. This design charrette was to come up with a plan for revitalization of St. Paul Street from the Inner Loop to the entrance to Seneca Park. The proposed changes to the geometrics are an outcome of this process. The 40 foot width on St. Paul Street will allow for an 11 foot and a 10 foot travel lane in the southbound direction and an 11 foot travel lane and an 8 foot parking lane in the northbound direction. The 42 foot width

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on St. Paul Street immediately south of Norton Street allows for the two southbound travel lanes to line up with the travel lanes north of the intersection and for an 11 foot combination through/left turn lane and a 10 foot right turn lane in the northbound direction. The additional narrowings are bump-outs located at intersections with Dorbeth Road, Northview Terrace, Saranac Street and Beach Street. The bump-outs will help to calm traffic and will shorten pedestrian crossing widths on St. Paul Street. The additional widenings are recessed parking lanes along the west side where parking is otherwise unavailable. One will be used for drop off and pick up at the Rochester School For The Deaf and the other will be used for parking for a small store. The recessed lanes will require property acquisitions for relocation of the sidewalk; approval of the acquisition will be requested at a future Council meeting. Other enhancements which may be included as a part of the project as a result of the charrette are colored concrete sidewalks along the west side, brick crosswalks at signalized intersections, decorative light fixtures and banners on light poles and on banner poles. Additionally, at the intersections of St. Paul Street with Norton Street and Avenue E designs in the pavement, decorative walls behind the sidewalk and additional landscaping. The cost of these enhancements and the maintenance would be paid through a special assessment district that will be requested at a future Council meeting. Construction of the St. Paul Street Improvements are scheduled to begin in the Summer of 2003 and be completed by the Fall, 2003. The estimated cost of construction, including the proposed enhancements, inspection and contingencies is $1,511,000. The current estimate with shares is as follows: Improvement Street Water Sewer Traffic Enhancements (LIO) Total

Current Estimate $ 758,000 325,000 53,000 58,000 317,000 $1,511,000

As planned in the CIP, the street and water improvements will be financed from general debt, the sewer improvements will be financed from the sewer bond authorized by City Council on June 18, 2002, the traffic improvements will be financed from anticipated reimbursements for Monroe County. The LIO will be requested at a future Council meeting. A public informational meeting was held April 4, 2002. Minutes to this meeting were forwarded previously. Another public informational meeting is scheduled for March 25, 2003. Minutes to this meeting will be forthcoming. The pavement width changes will be presented for endorsement to the Traffic Control Board on April 1, 2003. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-49

Ordinance No. 2003-108 (Int. No. 133) Amending Ordinance No. 2002-249 With Respect To Changes In The Pavement Width Of St. Paul Street As A Part Of The St. Paul Street Improvement Project From Avenue E To Norton Street BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby amends Section 1 of Ordinance No. 2002-249 by amending the changes made therein to the pavement width of St. Paul Street as a part of the St. Paul Street Improvement Project to read in their entirety as follows: 1. A taper on St. Paul Street from the existing pavement width of 50 feet to 40 feet, starting 100 feet north of Avenue E and ending 215 feet north of Avenue E; and, 2. An increase on St. Paul Street of 2 feet, from 38 feet to 40 feet, from the latter point to 40 feet south of Saranac Street; and, 3. A taper from 40 feet to 42 feet, beginning at the latter point to Saranac Street; and, 4. An increase on St. Paul Street of 4 feet, from 38 feet to 42 feet, beginning at the latter point to 295 feet north of Saranac Street; and, 5. A taper from 42 feet to 40 feet, beginning at the latter point to 335 feet north of Saranac Street; and, 6. An increase on St. Paul Street of 2 feet, from 38 feet to 40 feet, from the latter point to 220 feet south of Norton Street; and, 7. A taper from 40 feet to 42 feet, beginning at the latter point to 240 feet south of Norton Street; and, 8. An increase on St. Paul Street of 4 feet, from 38 feet to 42 feet, beginning at the latter point to Norton Street; and, 9. A recessed parking area 8 feet wide beginning 90 feet north of Saranac Street, northerly for a distance of 75 feet along the west side of St. Paul Street; and, 10. A recessed parking area 8 feet wide beginning 180 feet south of Norton Street, southerly for a distance of 55 feet along the west side of St. Paul Street; and, 11. An additional tapered narrowing from the proposed width of 40 feet to the proposed width of 35 feet, beginning 115 feet south of Dorbeth Road to Dorbeth Road; and, 12. An additional narrowing of 5 feet on the east side of St. Paul Street, beginning at a point 40 feet south of Northview Terrace to a point 40 feet north of Northview Terrace; and, 13. An additional narrowing of 5 feet on the east side of St. Paul Street, beginning at a point 40 feet south of Saranac Street to a point 40 feet north of Saranac Street; and, 14. An additional narrowing of 5 feet on the east

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TUESDAY, APRIL 8, 2003 side of St. Paul Street, beginning at a point 37 feet south of Beach Street to a point 37 feet north of Beach Street. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2003-109, 2003-110, And 2003-111 Re: Chili Avenue Improvement Project (Canal Bridge to W. Main Street) R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Chili Avenue Improvement Project. This legislation will: 1. Amend Section 1 of Ord. No. 2002-207 as follows: a. Narrow from the existing 42ʼ to 38ʼ from the latter point to 75ʼ east of Genesee Park Boulevard; b. A gradual taper from 43ʼ to 33ʼ, beginning at the latter point to 350ʼ east of Genesee Park Boulevard; and c. Install an additional 8ʼ pavement width along Chili Avenue at the following locations: 1) South side beginning 100ʼ west of Thurston Road westerly to Salina Street;

finance the state share of the additional engineering design services for the project; the remaining $4,500 will be funded from 1999-2000 Cash Capital; 5. Appropriate $20,800 in anticipated reimbursements from the Federal Highway Administration to finance the Federal Share of the costs for a portion of the right of way appraisal, acquisition, closing costs, and project administration; 6. Appropriate $3,900 in anticipated reimbursements from New York State to finance the State Share of the costs for a portion of the right of way appraisal, acquisition, closing costs, and project administration; and 7. Authorize the partial acquisition, by negotiation or condemnation, of 13 properties involved in the Chili Avenue improvement project. As part of the Chili Avenue improvement project the New York State Office of Parks, Recreation & Historic Preservation must review the project for impacts to eligible and recommended eligible historical significant properties. As a result of their review, they have asserted that the proposed bump outs at the above locations would not maintain the historical nature of the street in the vicinity of these properties. To secure federal and state funding for the Chili Avenue project it is therefore necessary to remove these bump outs at the above locations. Documentation of the existing conditions and preparation of reports submitted to the New York State Office of Parks, Recreation & Historic Preservation resulted in the additional design services in the amount of $90,000 referenced above.

2) South side beginning at Thurston Road easterly for 775ʼ;

Partial property takings will be required to accommodate the proposed improvements. Partial acquisition of 13 properties are now requested. The properties are as follows:

3) North side beginning 50ʼ east of Fillmore Street easterly to Hobart Street;

Address Owner

4) North side beginning at Hobart Street easterly for 275ʼ; and

244 Chili Ave. 191 George M. & Joan L. Solomon $ 350 249 Chili Ave. 78 Marilyn R. Schantz 200 305 Chili Ave. 47 Douglas J. & Kathryn A. Elliott 100 532 Chili Ave. 252 Marine Midland Bank, NA 7,400 554 Chili Ave. 579 Daniel & Ludomira Homa 450 556 Chili Ave. 528 Campanella & Archibald Corp. 400 564 Chili Ave. 326 James White 250 572 Chili Ave. 326 Charles & Bonita Cutaia 250 599 Chili Ave. 19 Marwan Abed 100 647 Chili Ave. 457 Margaret E. Bridgeland 300 733 Chili Ave. 107 Glenna F. Osborne 100 930 Chili Ave. 84 Nick Radimissis & John Taousanis 200 1100 Chili Ave. 872 Hess Oil & Chemical Corp 7,000 Total $17,100

5) North side beginning at Lozier Street easterly for 280ʼ. The first two changes represent technical corrections of the prior legislation; they do not result in any change from the plans previously presented to the Council. The changes listed in Section c. reflect the removal of “bump outs” as discussed below. 2. Authorize an amendatory agreement with Dewberry-Goodkind, Inc., 700 Alliance Building, 183 East Main Street, Rochester, New York, for additional engineering design services for the project at a maximum cost of $90,000, thereby increasing the maximum authorized amount of the agreement from $750,000 to $840,000; 3. Appropriate $72,000 from anticipated reimbursements from the Federal Highway Administration to finance the federal share of the additional engineering design services for the project; 4. Appropriate $13,500 from anticipated reimbursements from the State of New York to

Sq. Ft.

Cost

The acquisition values have been determined by an

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independent appraisal performed by Robert G. Pogel, SRPA. The properties qualify as de minimus takings since each contains less than 2,000 square feet. The total estimated cost of the partial property takings is as follows: Appraisal Acquisition Closing Costs Total

$ 5,000 17,100 3,900 $26,000

The Federal Highway Administration will fund 80% of the above costs ($20,800) and New York State will fund 15% ($3,900) of the above costs relating to the partial takings. The City of Rochester will fund the remaining 5% ($1,300) from the 1999-2000 Cash Capital allocation. Previous legislation for the Chili Avenue Improvement Project includes: Ord. No. Date Approved Description 2000-066 March 21, 2000 Authorization to Administer Project 2001-236 July 17, 2001 Authorize Design by Goodkind & OʼDea, Inc. 2002-207 June 18, 2002 Authorize Pavement Width Changes 2003-015 January 14, 2003 Authorize Pavement Width Changes Construction of the project is anticipated to begin in Summer 2003, and be completed in Fall 2004. Public informational meetings were held on April 29 and December 10, 2002. Copies of these meeting minutes were previously forwarded. A public hearing on the geometric changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor

the latter point to 350ʼ east of Genesee Park Boulevard; and 4. Narrow from the existing 42ʼ to 33ʼ, beginning at the latter point to Kenwood Avenue; and 5. Widening from 36ʼ to 38ʼ, beginning at the latter point to West Avenue; and 6. Install an additional 8ʼ pavement width along Chili Avenue at the following locations: a. North side beginning at Gardiner Avenue westerly for 270ʼ; and b. South side beginning 100ʼ west of Thurston Road westerly to Salina Street; and c. South side beginning at Thurston Road easterly for 775ʼ; and d. North side beginning 50ʼ east of Fillmore Street easterly to Hobart Street; and e. North side beginning at Hobart Street easterly for 275ʼ; and f. South side beginning 40ʼ east of Post Avenue, easterly for 160ʼ; and g. North side beginning at Lozier Street easterly for 280ʼ. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-110 (Int. No. 136) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Design Services For The Chili Avenue Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

Attachment No. AC-50 Ordinance No. 2003-109 (Int. No. 135) Amending Ordinance No. 2002-207 With Respect To Changes In The Pavement Width Of Chili Avenue As A Part Of The Chili Avenue Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby amends Section 1 of Ordinance No. 2002-207 by amending the changes made therein to the pavement width of Chili Avenue as a part of the Chili Avenue Improvement Project to read in their entirety as follows: 1. Taper from the existing 42ʼ to 38ʼ from 400ʼ east of Cairn Street to 500ʼ east of Cairn Street; and 2. Narrow from the existing 42ʼ to 38ʼ from the latter point to 75ʼ east of Genesee Park Boulevard; and 3. A gradual taper from 43ʼ to 33ʼ, beginning at

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 an amendatory professional services agreement between the City and Dewberry-Goodkind, Inc. for design services for the Chili Avenue Improvement Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $72,000 is hereby appropriated from anticipated reimbursements from the Federal Highway Administration, $13,500 is hereby appropriated from anticipated reimbursements from New York State, and $4,500 shall be funded from the 1999-2000 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-111 (Int. No. 137) Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The Chili Avenue Improvement Project

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TUESDAY, APRIL 8, 2003 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of portions of parcels for the construction and maintenance of municipal improvements as a part of the Chili Avenue Improvement Project as follows: Address Sq. Ft. Owner Cost 244 Chili Ave. 191 George M. & Joan L. Solomon $ 350 249 Chili Ave. 78 Marilyn R. Schantz 200 305 Chili Ave. 47 Douglas J. & Kathryn A. Elliott 100 532 Chili Ave. 252 Marine Midland Bank, NA 7,400 554 Chili Ave. 579 Daniel & Ludomira Homa 450 556 Chili Ave. 528 Campanella & Archibald Corp. 400 564 Chili Ave. 326 James White 250 572 Chili Ave. 326 Charles & Bonita Cutaia 250 599 Chili Ave. 19 Marwan Abed 100 647 Chili Ave. 457 Margaret E. Bridgeland 300 733 Chili Ave. 107 Glenna F. Osborne 100 930 Chili Ave. 84 Nick Radimissis & John Taousanis 200 1100 Chili Ave. 872 Hess Oil & Chemical Corp 7,000 Total $17,100 Section 2. The acquisitions shall obligate the City to pay an amount not to exceed $17,100, and of said amount, plus necessary closing costs which are estimated not to exceed $3,900 and appraisal costs not to exceed $5,000, for a total of $26,000, $20,800 is hereby appropriated from anticipated reimbursements from the Federal Highway Administration, $3,900 is hereby appropriated from anticipated reimbursements from New York State, and $1,300 shall be funded from the 1999-2000 Cash Capital Allocation. Section 3. In the event that any or all of said parcels cannot be acquired by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said parcels. Section 4. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Douglas April 8, 2003 To the Council: The Finance & Public Safety Committee recommends for adoption the following entitled legislation: Int. No. 123 - Establishing Maximum Compensation For An Agreement With The Protectives, Inc. For Property Protection And Salvage Services Int. No. 124 - Authorizing An Application And Agreement For The STOP Violence Against Women Program And Amending Ordinance No. 2003-18, As Amended

Int. No. 125 - Amending The 2002-03 Budget For The Motor Vehicle Theft & Insurance Fraud Prevention Program Int. No. 126 - Revenue Anticipation Note Ordinance Delegating To The Director Of Finance The Powers To Authorize The Issuance Of $50,000,000 Revenue Anticipation Notes Of The City Of Rochester, New York, Or So Much Thereof As May Be Necessary, In Anticipation Of The Receipt Of Certain Revenues For The Fiscal Year Ending June 30, 2003, And To Prescribe The Terms, Form And Contents, And Provide For The Sale Of Such Notes Int. No. 134 - Amending The 2002-03 Budget With Respect To Water Respectfully submitted, Benjamin L. Douglas Brian F. Curran Robert J. Stevenson Gladys Santiago FINANCE & PUBLIC SAFETY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-112 Re: Agreement - Protectives, Inc. R2010: Campaign 3 - Health, Safety and Responsibility Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing a three-year agreement with Protectives, Inc., for the continued provision of auxiliary services to the Fire Department. The costs of this agreement will be financed from the annual budgets of the Fire Department. Protectives, Inc. is an organization of volunteers whose primary function is to protect private property at fire scenes from unnecessary damage. The volunteers either remove the property from structures affected by fires or, if removal is impossible, cover the property with tarps. Protectives, Inc. has provided such services on an informal basis for many years. Since 1979, it has provided these services pursuant to periodic agreements authorized by City Council. The most recent agreement will expire on June 30, 2003. At present, Protectives, Inc. has approximately 150 members, of whom about 50 are presently active. The Fire Department provides 5,600 square feet of space at its Andrews St. facility to the organization for office, storage and bunking purposes, and a truck and driver to transport equipment. The members of the Protectives report to fire scenes when requested by the Fire Department. Annually, over 30,000 hours of services are provided. Under the proposed agreement, Protectives, Inc. will continue to provide such services during the next three fiscal years. The City will pay Protectives, Inc. the following amounts to finance the costs of janitorial services related to its facility, business services, and supplies related to the organization, and workerʼs compensation or disability insurance. Year

Services And Supplies

Accident and Sickness Insurance

Total

Page 128 Present 2003-04 2004-05 2005-06

TUESDAY, APRIL 8, 2003 $31,000 32,000 33,000 34,000

$5,605 5,717 5,717 5,717

$36,605 37,717 38,717 39,717

In addition, the City will provide annual Hepatitis B vaccinations to all members and annual physicals to the members who use breathing apparatus at the fire scene. Similar vaccinations are currently provided by the City to other emergency personnel and such annual physicals are required under state and federal regulations. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-112 (Int. No. 123) Establishing Maximum Compensation For An Agreement With The Protectives, Inc. For Property Protection And Salvage Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $37,717, or so much thereof as may be necessary, is hereby established as the compensation to be paid for the first year of an agreement between the City and The Protectives, Inc. for property protection, salvage and related services to the Fire Department. Said agreement may extend for a term of three years, with maximum amounts of $38,717 and $39,717 in the second and third years. The Fire Department shall also be obligated to pay for the costs of physical examinations and hepatitis B vaccinations for members of the Protectives. Said amounts shall be funded from the 2003-04 and subsequent Budgets of the Fire Department, contingent upon approval of said budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

the arraignment of the perpetrator. 3. Ensure the continued safety of domestic violence victims in high-risk targeted police patrol sections by providing intensive services to them. 4. Offer legal advocacy services and other appropriate assistance to domestic violence victims who are identified by reviewing Domestic Violence Incident Reports in order to ensure their safety. This will be the Cityʼs fifth round of funding under the STOP VAWA program. The agreement for the previous award was authorized by Council on September 25, 2001. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-51 Ordinance No. 2003-113 (Int. No. 124, As Amended) Authorizing An Application And Agreement For The STOP Violence Against Women Program And Amending Ordinance No. 2003-18 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 STOP Violence Against Women 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. 2003-18, relating to a Pilot Drug Control Project, is hereby amended by authorizing the agreement for said Project to be with Harvard University instead of David Kennedy, at a maximum amount of $60,000, which shall be funded from the total amount appropriated in said ordinance.

Ordinance No. 2003-113 Re: NYS/DCJS Stop Violence Against Women Grant

Section 4. This ordinance shall take effect immediately.

R2010: Campaign 3 - Health, Safety and Responsibility

Passed unanimously.

Transmitted herewith for your approval is legislation authorizing an agreement with New York State Division of Criminal Justice Services (DCJS), for receipt of a grant of $87,000 under the New York State Stop Violence Against Women (STOP VAWA) program, for the period April 1, 2003 through March 31, 2004. The City must provide a 25% match totaling $30,253; provision for said match will be included in the proposed 2003-04 budget. The VAWA program has four main objectives: 1. Provide victims of domestic violence with assistance to ensure their safety and provide victims with necessary follow-up services to secure safe housing. 2. Offer advocacy and follow up services to domestic violence victims by contacting them prior to

Underlined material added. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-114 Re: Auto Theft Grant Carryover R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation amending the 2002-03 budget of the Police Department by the sum of $20,000. On February 13, 2002, City Council authorized an agreement between the City and the New York State Division of Criminal Justice Services (NYS/DCJS) for receipt of a grant of $50,000 under the New York State Motor Vehicle Theft and Insurance Fraud Prevention Board program.

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TUESDAY, APRIL 8, 2003 Part of the grant ($30,000) was planned to be expended during the current fiscal year and part ($20,000) during the prior fiscal year. However, last yearʼs portion of the grant was not spent and is therefore available for use this fiscal year. Funding will be used to reimburse overtime for officers assigned to the Anti Auto Theft program through March 31, 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-114 (Int. No. 125) Amending The 2002-03 Budget For The Motor Vehicle Theft & Insurance Fraud Prevention Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 2002-03 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 $20,000, which amount is hereby appropriated from funds to be received under an agreement with the New York State Division of Criminal Justice Services for funding for the Motor Vehicle Theft & Insurance Fraud Prevention Program. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Re:

Ordinance No. 2003-115 RAN - City School District R2010: Campaign 2 - Educational Excellence

Transmitted herewith for your approval is legislation authorizing the issuance of a $50 million revenue anticipation note to meet City School District cash flow needs in the event there is a delay in receipt of New York State aid by the District. At present, $111.5 million of State Aid is scheduled to be received by June 30, 2003. Of this amount, $36.7 million is scheduled to be received in early April, and the balance by June 30, 2003. There are indications that the State may delay remittance of the aid until later in the Stateʼs fiscal year. It is unclear at this time as to when the State may make such remittance. Obviously, should the State fail to make their payments in a timely fashion, the District will experience a significant cash flow problem. In order to meet City School Districtʼs potential cash flow shortfall this authorization is being requested. It will ensure a sufficient cash balance for the Districtʼs expected disbursements. The amount to be borrowed may less than the amount authorized depending on cash position. That decision will be made by the Director of Finance depending on when the State will make its payments. Respectfully submitted,

William A. Johnson, Jr. Mayor

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TUESDAY, APRIL 8, 2003 Ordinance No. 2003-115 (Int. No. 126)

Revenue Anticipation Note Ordinance Delegating To The Director Of Finance The Powers To Authorize The Issuance Of $50,000,000 Revenue Anticipation Notes Of The City Of Rochester, New York, Or So Much Thereof As May Be Necessary, In Anticipation Of The Receipt Of Certain Revenues For The Fiscal Year Ending June 30, 2003, And To Prescribe The Terms, Form And Contents, And Provide For The Sale Of Such Notes BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), the power to authorize the issuance of Revenue Anticipation Notes (herein called “Notes”) of the City of Rochester, in the State of New York (the “City” and “State”, respectively), in the aggregate principal amount of not to exceed $50,000,000, and any notes in renewal thereof, is hereby delegated to the Director of Finance, as chief fiscal officer of the City. Section 2. The Notes shall be issued in anticipation of the collection or receipt of revenues due and payable to the City School District in the current fiscal year from New York State Education Grants and Basic Formula Aid to Education; and the proceeds of such Notes shall be used only for the purposes of paying the current expenses of the City School District for said fiscal year payable from the revenues in anticipation of which they are issued. Section 3. The Notes shall mature within one year of the date of issuance thereof and may be renewed from time to time, but each renewal shall be for a period of not exceeding one year and in no event shall such Notes, or the renewals thereof, extend beyond June 30, 2004. Section 4. The Notes shall contain the recital of validity prescribed by Section 52.00 of the Law and shall be general obligations of the City, and the faith and credit of the City shall be pledged to the punctual payment of the principal of and interest on the Notes and, unless the Notes are otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget of the City School District and a tax sufficient to provide for the payment thereof shall be levied and collected. Section 5. Subject to the provisions of this ordinance and the Law, and pursuant to Sections 50.00, 56.00, 60.00 and 168.00 of the Law, the powers to prescribe the terms, form and contents, and all other powers or duties pertaining or incidental to the sale and issuance of the Notes authorized pursuant hereto, or any renewals thereof, and the power to enter into agreements for credit enhancement for the Notes, are hereby delegated to the Director of Finance, as chief fiscal officer of the City. Section 6. The validity of the Notes authorized by this Ordinance 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 Ordi-

nance 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 7. 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he is an employee of the affiliated agency. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-116 Re: 2002-03 Budget Amendment Water Purchases R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation increasing the 2002-03 budget of the Department of Environmental Services by $398,400 to provide for the purchase of water from the Monroe County Water Authority (MCWA), and increasing revenue from sale of water to MCWA by an equal amount. Under the agreement authorized by the City Council on April 25, 1978, the City and MCWA buy and sell water to each other at various locations in the interconnected distribution systems. The purchase and sale price is equivalent to the cost of production of water at MCWAʼs Shoremont treatment plant. As a result of the completion of a number of capital improvement projects at the plant, the exchange rate increased January 1, 2003 to $450 per million gallons. The detail calculation is listed below in millions of gallons (MG): Budget Customer demand (MG) $ 10,800 Sales to other communities (MG) 300 Sales to MCWA (MG) 5,225 Total Demand (MG) $ 16,325 City production (MG) 12,410 City purchases from MCWA (MG) 3,915 Exchange rate $380 Purchase cost for the current year $1,487,700 Exchange rate increase for prior period (January 1, 2002 - June 30, 2002)

Projected $ 11,000 275 5,381 $ 16,656 12,775 3,881 $450 $1,746,500 139,600

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TUESDAY, APRIL 8, 2003 - TUESDAY, MAY 13, 2003 Total purchase cost Original Budget Difference

$1,886,100 1,487,700 $ 398,400

Because the City budget uses gross revenue and expense for this transaction, the amendment reflecting a total appropriation increase of $398,400 is required. Respectfully submitted, William A. Johnson, Jr. Mayor

APPROVAL OF THE MINUTES By Councilmember Santiago RESOLVED, that the minutes of the Special Meeting of March 31, 2003 and the Regular Meeting of April 8, 2003, be approved as published in the official sheets of the proceedings. Passed unanimously.

Ordinance No. 2003-116 (Int. No. 134) Amending The 2002-03 Budget With Respect To Water BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 2002-03 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Department of Environmental Services by the sum of $398,400, which amount is hereby appropriated from revenue from the sale of water to the Monroe County Water Authority, to fund the purchase of water from the Monroe County Water Authority. Section 2. This ordinance shall take effect immediately. Passed unanimously. The meeting was adjourned at 10:08 P.M. CAROLEE A. CONKLIN City Clerk ***** REGULAR MEETING MAY 13, 2003 Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 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: Department of Environmental Services *Joseph Palmiotto Rochester Fire Department Robert E. Crandall *Charles R. Dunn **Charles H. French *Robert L. King *Robert E. Watters Rochester Police Department *Evelyn Baez *Paul J. Boccacino *Margaret C. Flora **Maurice R. LeGuerrier *Not attending meeting.

**Did not attend meeting.

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. 3717-7 Regular Public Auction - June 19, 2003. 3718-7 Schedule of Revenues and Expenditures. 3719-7 Delinquent Receivables, as of March 31, 2003. 3720-7 Professional Service Agreements, January 1- March 31, 2003. 3721-7 Corporation Counsel Submits Settlement of Tax Assessment Proceedings. 3722-7 The Director of Zoning Submits Notices of Environmental Determination. 1183 Monroe Avenue. 3723-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. None presented. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Approving The Acquisition Of 35 Richmond Street By Negotiation Or Condemnation As A Part Of The East End Development Project Int. No. 150 No speakers. Approval Of The Sale Of Land To XLI Corporation In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. Read-Emerson Urban Renewal Project Int. No. 152 No speakers. Approving The Extended Consolidated Community Development Plan/2003-04 Annual Action Plan Int. No. 153 One speaker: Ruhi Maker. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides And Authorizing An Agreement Int. No. 161 No speakers. Abandonment Of A Portion Of Commercial Street And Approving An Acquisition By Negotiation Or Condemnation, Easements And Amendatory Lease Int. No. 170 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas Int. No. 171 No speakers. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related

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TUESDAY, MAY 13, 2003

To Main Street Improvements speakers.

Int. No. 172

No

Approving The Acquisition Of 578 Chili Avenue By Negotiation Or Condemnation As A Part Of The Chili Avenue Improvement Project Int. No. 186 One speaker: George Stam. Approving The Dedication Of Parcels For The Chili Avenue Improvement Project Int. No. 187 No speakers.

Section 2. The City, at the request of the School District, shall review, negotiate according to customary terms and conditions, execute and deliver all agreements requested by MBBA, and, among other things, shall give such assurances and pledge such collateral (including, but not limited to, a pledge of future yearsʼ School District building aid payments to amortize MBBAʼs indebtedness) as shall be reasonable and appropriate under the circumstances.

INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS.

Section 3. The agreements 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. 2003-117 Re: Agreement - City School District and New York Bond Bank Agency

Passed by the following vote:

R2010: Campaign 2 - Educational Excellence Transmitted herewith for your approval is an ordinance authorizing the City to sign an agreement with the City School District, and the New York Bond Bank Agency (MBBA) with respect to issuance of bonds by MBBA to reimburse the Rochester City School District for prior yearsʼ School District building aid due the District. The District is due funds from the State of New York for prior yearsʼ building aid reimbursement. The State of New York is using a financing mechanism of borrowing the amount through MBBA and reimbursing said amount to the District. In order for MBBA to market these obligations it requires a specific source of funds dedicated to the repayment thereof. The source of such funds will be future state building aid to the District, which is expected to be increased by the equivalent amount of debt service to be incurred. The proposed agreement will pledge a revenue intercept of such funds to ensure repayment. Since the City School District is not fiscally independent, it has been determined by Counsel of MBBA that both the City School District and the City must approve the execution of the agreement. It is anticipated that the bonds will be issued prior to the next regularly scheduled Council meeting Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-117 (Int. No. 191) Authorizing Cooperation And Assistance In Connection With A Transaction With The New York Municipal Bond Bank Agency For The Benefit Of The Rochester City School District BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. At the request of and on behalf of the Rochester City School District (the “School District”), the Mayor and Administration are hereby authorized to cooperate with and assist the New York Municipal Bond Bank Agency (“MBBA”) in furtherance of the School Districtʼs efforts to receive payment for prior yearsʼ claims for School District building aid payments.

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he is an employee of the affiliated agency. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood May 13, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 145 - Authorizing The Sale Of Real Estate Int. No. 146 - Amending Ordinance No. 2002-314 Relating To The Sale Of Real Estate And Amending Ordinance No. 2003-83, As Amended Int. No. 147 - Authorizing An Agreement For The Fair Housing Enforcement Project And Amending Ordinance No. 2000-259, As Amended Int. No. 148 - Approving The Asset Control Area Program, As Amended Int. No. 151 - Determinations & Findings Relating To The Acquisition Of Parcels As Part Of The Brooks Landing Revitalization Project Int. No. 129 - Authorizing Acquisitions By Condemnation For The Brooks Landing Revitalization Project Int. No. 188 - Authorizing An Amendatory Agreement For The East End Garage Reserve Fund, As Amended The Housing & Economic Development Committee recommends for consideration the following entitled legislation: Int. No. 149 - Authorizing An Application And Agreements Relating To The Emergency Shelter Grant Program And Amending Ordinance No. 2002-180 Int. No. 150 - Approving The Acquisition Of 35

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TUESDAY, MAY 13, 2003 Richmond Street By Negotiation Or Condemnation As A Part Of The East End Development Project Int. No. 152 - Approval Of The Sale Of Land To XLI Corporation In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. ReadEmerson Urban Renewal Project Int. No. 153 - Approving The Extended Consolidated Community Development Plan/2003-04 Annual Action Plan Int. No. 154 - Authorizing Submission Of The Extended Consolidated Community Development Plan/2003-04 Annual Action Plan And Execution Of The Grant Agreement With The United States Department Of Housing And Urban Development

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 this 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. Respectfully submitted, William A. Johnson, Jr. Attachment No. AC-53 Ordinance No. 2003-118 (Int. No. 145) Authorizing The Sale Of Real Estate

Int. No. 155 - Appropriation Of Funds For The City Development Fund

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

Respectfully submitted, Wade S. Norwood Benjamin L. Douglas (Abstained vote on Introductory No. 149.) Lois J. Giess Gladys Santiago (Did not vote on Introductory No. 145, 146, and 147.) HOUSING & ECONOMIC DEVELOPMENT COMMITTEE

Section 1. The Council hereby approves the negotiated sale at appraised value of the following parcel of vacant buildable land with proposal:

Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-118 And Ordinance No. 2003-119 Re: Sale of Real Estate R2010: Campaign 9 - Healthy Urban Neighborhoods Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation approving the sale of 12 properties and amending a prior ordinance. Sales The first property is a vacant lot that is being sold to the adjoining owner for its appraised value. The parcel will be developed as a parking lot to be used in conjunction with the purchaserʼs adjoining medical practice. The next property is a single-family structure that is being sold for its appraised value. The structure will be rehabilitated and sold to an owner occupant with income not to exceed 80% of the median income for the area. The last 10 properties are unbuildable vacant lots that are being sold to the adjoining owners for $1.00. The parcels are considered unbuildable because of their size. Two of the parcels are being sold to City employees. Amendment On October 15, 2002, City Council approved the sale of 656 Frost Avenue to Barbara J. Dotson-Jackson. Subsequent to the request of the purchaser, an amendment is proposed to change the name of the buyer to Jeffrey Jackson.

Address: S.B.L.#: Price: Purchaser:

346-354 Arnett Blvd. 120.65-2-44&45 $4,500 His Branches, Inc.*

*Officers: William Morehouse, Glenn Fadner, Eugene Young, Ann Geyer Section 2. The Council further approves the negotiated sale of the following parcel of improved property: Address: S.B.L.#: Price: Purchaser:

98 Grand Ave. 107.61-1-54 $6,500 Rochester Housing Development Development Fund Corporation*

*Officers: Jean A. Lowe, Alma Balonon-Rosen, Kevin V. Recchia, Robert M. Barrows Section 3. The Council further approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Sq. Ft. Purchaser

WH 22 Bernard St. Pt of 106.24-2-67 NH 12 Day Pl. Pt of 121.69-2-20 SH 12 Day Pl Pt of 121.69-2-20 1256-1258 North St. 091.82-1-80

2751± Mattie Joseph 750 Laverne VanHorn 750 Betty L. Williams 2730± Iglesia Penticostal La Senda Antigue D Santidad, Inc.* NH 13 Rugraff St. 1262± Pt of 105.81-2-75 Justus O. Ocholi SH 13 Rugraff St. 1262± Pt of 105.81-2-75 Timothy L. Hazzard 1733-1735 St. Paul St. 4656 091.61-1-1 Juan & Delfina Guttierrez EH 37 Sobieski St. 1725 Pt of 091.73-2-9 Barbara Barton WH 37 Sobieski St Pt of 091.73-2-9 37 Tilden St. 120.44-2-33

1725 Roy McCullough 3332 Zeray W. Imame

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TUESDAY, MAY 13, 2003

*Officers: Efrain Cruz, Juanita Colon 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. Councilmember Griswold moved to amend Introductory No. 146. The motion was seconded by councilmember Douglas. The motion was adopted unanimously. Ordinance No. 2003-119 (Int. No. 146, As Amended) Amending Ordinance No. 2002-314 Relating To The Sale Of Real Estate And Amending Ordinance No. 2003-83 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-314, relating to the sale of real estate, as amended, is hereby further amended by changing the name of the purchaser of 656 Frost Avenue, as approved in Section 2 thereof, from Barbara J. Dotson-Jackson to Jeffrey Jackson. Section 2. Ordinance No. 2003-83, relating to the Brooks Village Apartment Project, is hereby amended by amending Sections 1 and 2 to allow the sale and the loan to be made to Brooks Village Housing Development Fund Corp. and/or to Brooks Village Apartments, LP, and by adding to the end of Section 2 thereof the following new sentences: Payment of accrued interest and principal shall be deferred until the end of year 30, except that when debt service exceeds 1.15, annual interest payments of 1% shall be made.

$13,046

2001-02 Community Development Program - Improving Housing Stock and General Property Conditions Allocation

$30,000

2002-03 Community Development Program - Improving Housing Stock and General Property Conditions Allocation

The project consists of two components. The first involves outreach and education to service providers and the public about Fair Housing laws and rights and it is this part of the project towards which City funds are applied. Along with Federal funds, City funding leverages approximately $100,000 worth of pro bono services provided by the Advertising Council of Rochester. The second component involves fielding inquiries and handling individual cases including enforcement action taken in Federal court and administrative actions pursued through the NYS Division of Human Rights or HUD. During the most recent agreement term, April 1, 2002March 31, 2003, MCLACʼs accomplishments were: Enforcement - Housing discrimination cases opened - 32 Distribution of complaints: Disabilities 45%, Race 30%, Family status 16%, Other 9%. - Enforcement actions 8 cases brought in Federal Court. Outreach and education - Six meetings of the advisory committee convened with 21 members, including elected officials and community leaders. - 27 Fair housing presentations. - 5 Broadcast media presentations. - 2003 Multi-media Fair Housing education campaign underway.

Section 3. This ordinance shall take effect immediately.

- State of Fair Housing Conferences scheduled for April 19, 2002; second conference planned for April 15, 2003.

Underlined material added.

- Coordinated events for April, National Fair Housing Month.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-120 Re: Fair Housing Enforcement Project Monroe County Legal Assistance Corporation

- Convene representatives and leaders of specifically targeted audiences for an Impact Breakfast. This project was begun in January 1998 and will continue as long as the need exists for these services and funds are available from HUD.

R2010: Campaign 9 - Healthy Urban Neighborhoods

Respectfully submitted, William A. Johnson, Jr. Mayor

Transmitted herewith for your approval is legislation authorizing an agreement with the Monroe County Legal Assistance Corporation (MCLAC) for the Fair Housing Enforcement Project (FHEP) at a maximum cost of $43,046 and appropriating that amount from the following sources:

Authorizing An Agreement For The Fair Housing Enforcement Project And Amending Ordinance No. 2000-259

Ordinance No. 2003-120 (Int. No. 147, As Amended)

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TUESDAY, MAY 13, 2003 BE IT ORDAINED, by the Council of the City of Rochester as follows:

regulations that will allow all communities across the country an opportunity to participate.

Section 1. The Mayor is hereby authorized to enter into an agreement with the Monroe County Legal Assistance Corporation for the Fair Housing Enforcement Project.

Under the new program guidelines and our business plan, properties will be rehabilitated and sold through two different development tracks. Track I will include properties that require significant repairs that will be rehabilitated through the Home Rochester program. The Rochester Housing Development Fund Corporation (RHDFC) will acquire the properties from the City and provide technical assistance to neighborhood and faith-based not-for-profit developers for the rehabilitation and sale of the properties. Development of these properties combines both public and private resources to fund the construction financing and permanent mortgages. Rehabilitation subsidy will be provided through the CDBG, HOME Investment Partnerships Program, State AHC and DHCR funding. Currently the RHDFC is funded at over $9 million for this purpose.

Section 2. The agreement shall obligate the City to pay an amount not to exceed $[43,046] 45,886, and of said amount, or so much thereof as may be necessary, $13,046 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 Community Development Program and $30,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program and $2,840 shall be funded from the appropriation made in Section 3 of Ordinance No. 98-359. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2000-259, relating to an agreement for the Fair Housing Enforcement Project, is hereby amended by reducing the amount authorized therein from the appropriation made in Section 3 of Ordinance No. 98-359 by the sum of $2,840, which amount is reauthorized in Section 2. Section 5. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-121 Re: Approval of New Asset Control Area Partnerships Program (ACA) Plan R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the participation of the City of Rochester in a new ACA program agreement. The ACA program is a national HUD program that allows units of local government and not-for-profit developers to enter into agreements with HUD to purchase the inventory of HUD-owned assets at a discount within designated areas. The duration of the agreement will be two years, with a review after the first year. It is anticipated that approximately 150 properties will be purchased annually. New program guidelines have been released by HUD; the proposed rules include significant modifications from the original ACA agreement. For example, all properties will require rehabilitation before sale and the revitalization areas that define the ACA territory will be modified. The original ACA agreement was part of a demonstration program between HUD and several select communities across the country. The Rochester agreement was signed in March 2000 and continued to operate until March 2002. The Homeownership Investment Program (HIP) was the portion of the ACA in which the City directly marketed properties that were acquired from HUD. The program was halted because of HUDʼs desire to develop program

Track II will involve properties that require moderate rehabilitation and will be developed with the City directly managing the rehabilitation of the properties. The acquisition and rehabilitation of these properties will be funded through ACA funds that are restricted to ACA related activities. It is anticipated that the rehabilitation of these properties will be less expensive than for those in Track I and that in the majority of cases the discount offered by HUD will offset the construction costs. The Homeownership Investment Program is the result of an agreement between HUD and the City that allows the City to purchase HUD-owned homes at a discount and re-sell them to qualified buyers. The program first began advertising properties on June 24, 2000. At the end of March, there were 758 properties that had gone through the system; of these, 553 have been sold and 75% of those were sold to owner occupants. This is well above the original goal of 65% to be sold to owner occupants. An additional 77 properties have been recommended for demolition at HUDʼs expense. To date, 46 of these properties have been demolished and HUD has agreed to do the additional 31. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-121 (Int. No. 148, As Amended) Approving The Asset Control Area 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 United States Department of Housing and Urban Development (HUD) for City participation in the Asset Control Area (ACA) Program for a term not to exceed two years. Section 2. The Council hereby further approves the business plan for the acquisition of residential real estate from HUD and the resale of said real estate to the Rochester Housing Development Fund Corporation or eligible purchasers through the ACA Program without further Council approval. The Council hereby further approves the cancellation of outstanding City taxes and other charges against said parcels, upon their acquisition from HUD and extending through the date of their resale by the City.

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TUESDAY, MAY 13, 2003

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

Determinations & Findings Relating To The Acquisition Of Parcels As Part Of The Brooks Landing Revitalization Project

Section 4. This ordinance shall take effect immediately.

WHEREAS, the City of Rochester proposes to acquire fourteen (14) parcels as part of the Brooks Landing Revitalization Project, and

Underlined material added.

WHEREAS, the Council of the City of Rochester held a public hearing on April 8, 2003 pursuant to Article 2 of the Eminent Domain Procedure Law to consider the acquisition of the parcels,

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-122 Re: Determinations and Findings Brooks Landing Revitalization Project R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation making the determinations and findings related to acquisition of fourteen properties as part of the Brooks Landing Revitalization Project. Such determinations and findings are required by Article 2 of the Eminent Domain Procedure Law. Legislation providing for the acquisition of the fourteen properties by negotiation was approved by City Council on April 8, 2003. Companion legislation provided for the acquisition of those parcels by condemnation if negotiations for their acquisition were not successful. A public hearing on this matter was held by the Council on April 8, 2003. There were 7 speakers at the hearing. Based on the comments presented at the public hearing, the following determinations and findings are proposed: 1. Project description - that the acquisitions include the specified fourteen full properties for redevelopment. 2. Project purpose - that the acquisition will eliminate blighted structures and permit the subsequent redevelopment and of the properties within Sub-Areas I, II & III, create new local jobs, enhance the economic vitality of the neighborhood and provide increased and enhanced public pedestrian access to the Genesee River / Erie Canal and Genesee Valley Park. 3. Project effect - that the acquisition and subsequent redevelopment of the properties in Sub-Areas I, II & III and required street modifications will have no significant adverse effect on the environment and indeed will assist in the revitalization of the neighborhood and increase jobs and investment within the City. If these determinations and findings are approved, the legislation authorizing the property acquisitions (Introductory 129) may be considered. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-122 (Int. No. 151)

NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby makes the following determination and findings concerning the acquisition of parcels as part of the Brooks Landing Revitalization Project: a. Project Location: The City proposes the public acquisition of the following: Sub-Area I

Sub-Area II

15 Brooks Ave 972 Genesee St 998 Genesee St 1004 Genesee St 1008 Genesee St

4 Agnew Court 6 Agnew Court 920 Genesee St 926 Genesee St 930 Genesee St 948 Genesee St 954 Genesee St

Sub-Area III 951 Genesee St 953 Genesee St Project Description: The Brooks Landing Project is located along the west bank of the Genesee River across from the University of Rochester campus and extends to the intersection of Brooks Avenue and Genesee Street, including various properties on the west and east sides of Genesee Street. In addition to the fourteen acquisition properties, the project site includes several City owned properties. The development program for this project is as follows: Sub-Area I (approximately 3.5 acres) includes a proposed hotel, restaurant and public waterfront. Acquisition of the five privately owned parcels is necessary in order to accommodate the proposed development. Sub-Area II (approximately 2 acres) includes a proposed 25,000 square foot, two story office/retail building on the northeast corner of the intersection of Genesee Street and Brooks Avenue. Acquisition of the seven privately owned parcels is necessary in order to accommodate the proposed development. Sub-Area III (approximately .25 acres) includes a proposed renovated two story commercial structure on the northwest corner of the intersection of Genesee Street and Brooks Avenue, with adjacent outdoor seating and parking. Acquisition of the two parcels is necessary to accommodate the proposed renovation project. b. Public purpose and general effect: 1. The acquisition will eliminate blighted struc-

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TUESDAY, MAY 13, 2003 tures and permit the subsequent redevelopment and of the properties within Sub-Areas I, II & III, create new local jobs, enhance the economic vitality of the neighborhood and provide increased and enhanced public pedestrian access to the Genesee River/Erie Canal and Genesee Valley Park.

covered parking facility for use by The Sagamore on East at 130 East Avenue. The fund was established in 1983 for the purpose of repairs or capital improvement to the garage. The agreement was executed in 1987 and expires upon the expiration of the Cultural Center Commission. As of March 15, 2003, the reserve fund had a balance of $4,633,384.

2. Project effect - that the acquisition and subsequent redevelopment of the properties in Sub-Areas I, II & III and required street modifications will have no significant adverse effect on the environment and indeed will assist in the revitalization of the neighborhood and increase jobs and investment within the City.

The Sagamore on East is a mixed-use, high-end condominium project proposed for the property adjacent to the East End Garage at 130 East Avenue. Future tenants of The Sagamore on East will utilize the East End Garage for parking. In February, the City Council and the County Legislature authorized the Commission to loan $1.5 million from the garage reserve fund to the developer of the Sagamore project.

Section 2. This ordinance shall take effect immediately.

When the current garage becomes unusable for parking, if the Cultural Center Commission or a future owner does not proceed with demolition and construction of a new garage, the proposed reserve account would be utilized. If, on the other hand, the owner of the existing garage proceeds with demolition and construction of a new garage, the proposed reserve account will be terminated and the proceeds deposited in the existing reserve fund.

Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Introductory No. 129 was introduced April 8, 2003 and appears in its original form with its transmittal letter on page 104 of the current Council Proceeding. Ordinance No. 2003-123 (Int. No. 129) Authorizing Acquisitions By Condemnation For The Brooks Landing Revitalization Project

The amendment is being requested to address concerns of the developer of The Sagamore on East that parking would not be available in the future for the owners of the residential condominium units. The parking facility is considered so essential to the success of the project that the developer will not move ahead with the project in the absence of the proposed amendment. The first phase of the East End Garage opened in 1983 and the addition in 1992. With proper maintenance, the life of the garage is 45 to 50 years.

Passed by the following vote:

The Cultural Center Commission is expected to approve the allocation from the reserve fund at their May 13 meeting.

Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8.

Respectfully submitted, William A. Johnson, Jr. Mayor

Nays - None - 0.

Councilmember Norwood moved to return Introductory No. 188 to committee.

Councilmember Curran abstained vote because his residence is located within the area affected by the project. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 188 Re: Cultural District Garage Fund R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Campaign 10 - Center City Transmitted herewith for your approval is legislation amending an agreement between the City of Rochester, County of Monroe and the Cultural Center Commission, for oversight and operation of the East End Garage (formally known as the Metro Center Garage). The legislation will amend the purpose of the East End Garage reserve fund to allow for the allocation of up to $400,000 into a separate interest-bearing account for the future demolition of a portion of the existing garage and construction of a minimum 46-space

The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 188 AUTHORIZING AN AMENDATORY AGREEMENT FOR THE EAST END GARAGE RESERVE FUND, AS AMENDED WHEREAS, the City and the County of Monroe and the Cultural Center Commission have entered into an agreement for the East End Garage and have established a reserve fund to pay the costs of the Garage, and WHEREAS, the Cultural Center Commission has agreed to the sale of the parcel adjacent to the East End Garage at 130 East Avenue for the development of a mixed-use condominium project containing retail and office space and housing units, and WHEREAS, parking for the tenants of this project will be provided by the Commission in the current

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TUESDAY, MAY 13, 2003

East End Garage and in a possible 46 space covered structure for which the Commission wishes to set aside funds from the reserve fund, and

Alternatives for Battered Women $23,000 $25,000 Operating Expenses & Essential Services

WHEREAS, the provision of parking for this development conforms to the purposes of the Cultural Center Commission as set forth in Chapter 613 of the Laws of 1979 and will further the Cultural District Plan and serve a public purpose,

Baden St. Settlement Homeless Prevention

NOW, THEREFORE, 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 and the Cultural Center Commission for oversight and operation of the East End Garage, whereby the purposes of the East End Garage Reserve Fund may include demolition of the existing garage and construction of a new parking facility. The amendatory agreement shall allow for up to $400,000 in the East End Garage Reserve Fund to be placed in a separate interest-bearing account for the future demolition of the existing garage and construction of a minimum 46-space covered parking facility for use by tenants of The Sagamore on East at 130 East Avenue. Section 2. The amendatory agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately.

10,000

11,000

Blessed Sacrament 12,700 14,000 Operating Expenses, Essential Services & Homeless Prevention Cameron Community Ministries Operating Expenses

5,500

6,000

Catherine McAuley Housing/ Families First 14,000 Operating Expenses

14,000

Catherine McAuley Housing/ Melita House 13,000 Operating Expenses

17,000

Catholic Charities Homeless Prevention

12,500

12,500

Catholic Family Center: - Francis Center Operating Expenses

18,000

18,000

- Womenʼs Place 30,000 30,000 Essential Services & Operating Expenses - Emergency Services Homeless Prevention

12,500

12,500

Item held in committee.

- Sanctuary House Essential Services

10,000

14,000

TO THE COUNCIL: Ladies and Gentlemen:

The Center for Youth 16,000 18,000 Operating Expenses & Essential Services

Ordinance No. 2003-124 Re: Agreements and Appropriations Emergency Shelter Grant Program

The Community Place Homeless Prevention

12,000

12,000

Cephas Attica Operating Expenses

3,000

9,000

Dimitri House Operating Expenses

18,000

18,000

Grace Urban Ministries/ Mary Magdalene Womenʼs Operating Outreach 14,000 Essential Services & Expenses

15,927

The Health Association Essential Services

14,000

Underlined material added.

R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation relating to the 2003-04 Emergency Shelter Grant (ESG) Program. This legislation will: 1. Authorize an application and agreement with the U.S. Department of Housing and Urban Development for funding under the Emergency Shelter Grant Program in the amount of $410,000; 2. Further authorize agreements with community organizations for projects under the ESG Program; 3. Appropriate the sum of $20,665 so much thereof as may be necessary from ESG funds, to pay for administrative expenses; and 4. Amend the 2002-03 ESG Program Budget by reappropriating the sum of $48,000 from a canceled project with St. Maryʼs to fund the 2003-04 program. Organization Purpose

Prior Allocation

Proposed Allocation

14,000

Hillside Childrenʼs Center 7,000 8,200 Homeless Prevention & Operating Expenses Housing Council/Homeless Prevention Program Homeless Prevention

7,000

7,000

Housing Council/ School 17 Project Homeless Prevention

20,223

20,223

Oxford House Operating Expenses

4,000

5,000

N/A

19,000

Salvation Army

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TUESDAY, MAY 13, 2003 Essential Services Spiritus Christi/Jennifer House 10,000 11,000 Essential Services & Operating Expenses St. Martins Place Operating Expenses

8,985

8,985

Sojourner House Operating Expenses

23,000

26,000

Southeast Ecumenical Ministry Essential Services

2,000

2,000

Togetherness in Love Community Operating Expenses

7,000

7,000

17,000

17,000

Volunteers of America Homeless Prevention Center 10,000 Homeless Prevention

10,000

Veteranʼs Outreach Center Essential Services

Volunteers of America Operating Expenses Emergency Housing

8,000

8,000

Wilson Commencement Park Operating Expenses

22,000

22,000

YWCA Operating Expenses

5,000

5,000

In January 2003, proposals were solicited from individuals/organizations. Thirty-three proposals were received from 27 organizations, totaling $616,020. These proposals were evaluated by staff from the Department of Parks, Recreation and Human Services and community representatives. The evaluation criteria included: 1. Compliance with applicable federal guidelines; 2. Provision by the program of facilities or services to under-served populations; 3. Provision of services that meet priority needs identified in the RFP, the Center for Government Researchʼs 1995 Homeless Population Study Update, the Consolidated Community Development Plan; and Rochester 2010; and 4. The ability to expend or encumber all project funds within 12 months. Thirty-two projects were recommended for funding; one proposal was not funded. If the proposed legislation is approved, the total amount allocated to date for homeless programs will be $4,972,873. Regarding the reprogramming, in 2002-03, a homeless services project was planned for St. Maryʼs; however, they were not granted a location permit, and the program was never funded. Respectfully submitted, William A. Johnson, Jr. Mayor

Attachment No. AC-54 Ordinance No. 2003-124 (Int. No. 149) Authorizing An Application And Agreements Relating To The Emergency Shelter Grant Program And Amending Ordinance No. 2002-180 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 under the Emergency Shelter Grant Program. Section 2. The Mayor is hereby further 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 Amount Alternatives for Battered Women $25,000 Baden Street Settlement 11,000 Blessed Sacrament 14,000 Cameron Community Ministries 6,000 Catherine McAuley Housing/Families First 14,000 Catherine McAuley Housing/Melita House 17,000 Catholic Charities 12,500 Catholic Family Center/Francis Center 18,000 Catholic Family Center/Womenʼs Place 30,000 Catholic Family Center/Emergency Services 12,500 Catholic Family Center/Sanctuary House 14,000 The Center 18,000 The Community Place 12,000 Cephas Attica 9,000 Dimitri House 18,000 Grace Urban Ministries/Mary Magdalene House 15,927 The Health Association 14,000 Hillside Childrenʼs Center 8,200 Housing Council/Homeless Prevention Program 7,000 Housing Council/School 17 Project 20,223 Oxford House 5,000 Salvation Army 19,000 Spiritus Christi/Jennifer House 11,000 St. Martins Place 8,985 Sojourner House 26,000 Southeast Ecumenical Ministry 2,000 Togetherness in Love Community 7,000 Veteranʼs Outreach Center 17,000 Volunteers of America 10,000 Volunteers of America 8,000 Wilson Commencement Park 22,000 YWCA 5,000 Section 3. The agreements shall obligate the City to pay an amount not to exceed $437,335, and said amount, and $20,665 for administrative expenses, or so much thereof as may be necessary, is hereby appropriated from Emergency Shelter Grant Funds. Section 4. Ordinance No. 2002-180, relating to the Emergency Shelter Grant Program, is hereby amended by reducing the amount authorized and appropriated for St. Maryʼs Church by the amount of $48,000, which amount is reappropriated herein. The Mayor is authorized to enter into an amendatory agreement to implement this reduction.

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TUESDAY, MAY 13, 2003

Section 5. The application and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 6. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Mains, Norwood, Santiago, Stevenson, Thompson - 7. Nays - None - 0. Councilmember Douglas abstained vote because he is an employee of one of the affiliated agencies. Councilmember Griswold abstained vote because she is an employee of one of the affiliated agencies. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 150 Re: Acquisition of 35 Richmond Street R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the acquisition through negotiation or condemnation of 35 Richmond Street as part of the East End Development Project. Pertinent information regarding the property to be acquired is as follows: Address: Owner: Lot Size: Acquisition Amount:

35 Richmond Street Assembly of Spiritual Truth 30ʼx120ʼ $48,000

The acquisition amount was established through an independent appraisal prepared by Kevin L. Bruckner, MAI. The property will be demolished after it has been acquired and a pedestrian walkway will be constructed that will link Richmond Street to Charlotte Street. Total cost of the acquisition, including demolition, relocation and closing costs, will not exceed $85,000 and will be funded from the 2002-03 Cash Capital Allocation for Acquisition. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Norwood moved to returned Introductory No. 150 to committee. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 150 APPROVING THE ACQUISITION OF 35 RICHMOND STREET BY NEGOTIATION OR CONDEMNATION AS A PART OF THE EAST END DEVELOPMENT PROJECT

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of 35 Richmond Street, SBL #106.81-2-28, reputed owner Assembly of Spiritual Truth, for the sum of $48,000, as a part of the East End Development Project. Section 2. The acquisition, closing, demolition and relocation costs shall obligate the City to pay an amount not to exceed $85,000, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Cash Capital Allocation. Section 3. In the event that said property cannot be obtained by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings to obtain said property. Section 4. City taxes and other current-year charges against said parcel shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current-year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcel, shall also be canceled. Section 5. This ordinance shall take effect immediately. Item held in committee. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-125 Re: XLI Corporation - Western Gateway Project/Outer Loop Industrial Park R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation relating to the sale of a City-owned parcel to XLI Corporation as part of the Western Gateway Project in the Outer Loop Industrial Park. This legislation will: 1. Authorize the sale of Parcel 3, 55 Road A, to XLI Corporation for $1.00. 2. Authorize a temporary easement for XLI Corporation that permits the use of the existing access road until it is dedicated as a public street. XLI is a manufacturer of parts for the copier and health services industries. The company has 45 employees and is currently located in a 20,000 square-foot building at 950 Exchange Street in the city. XLI is proposing construction of a 32,000 square-foot building on Parcel 3 of the Western Gateway Project, which contains 3.894 acres. A map showing the location of the parcel is attached. The project also involves the purchase of equipment. The parcel is a Brownfield site that was formerly part of the Cityʼs Emerson Street Landfill. It is being sold to XLI for $1.00 as an incentive for the company to develop this project in the former landfill and to provide partial compensation to the company for the development penalty of the site, which is estimated at $277,000. The largest cost associated with the penalty is the relocation, by XLI Corporation, of the ash that was deposited on the site when it was being used as part of the City landfill. The ash will be relocated to

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TUESDAY, MAY 13, 2003 another City-owned parcel on McCrackanville Street, which is within the former landfill.

and which occurred during the period of City ownership of the land.

The land for the project was appraised by Kevin Bruckner for a range of $10,000 to $20,000 per acre. The maximum appraised value of the XLI parcel, therefore, would be $78,000. Since the site is located in the Mt. Read-Emerson Urban Renewal District, the City can sell the land for less than the appraised value, or $1.00 in this case. The site is also located in the Empire Zone.

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 land sale will not result in any significant environmental effects. A negative declaration has been issued.

The cost of the project is estimated at $2,811,000, including $2,336,000 for construction of the building and $475,000 for the purchase of equipment.

Respectfully submitted, William A. Johnson, Jr. Mayor

The proposed financing includes the following:

Attachment No. AC-55

A public hearing on the land sale is required.

Building Bank (M&T Bank) $ 901,000 New York State Job Development Authority 901,000 City Industrial Revolving Loan Fund 200,000 Empire State Development Corp. Empire Opportunity Fund (grant) 100,000 Equity (cash) 234,000 Total $2,336,000 Equipment (several machining centers and accessories) Bank (M&T Bank) JDA Equity (cash) Total

$237,500 190,000 47,500 $475,000

As you will note, the financing includes a $100,000 Empire Opportunity Fund grant from the Empire State Development Corp. which is being provided to stimulate Brownfield development. It also includes a $200,000 City loan from the Industrial Revolving Loan Fund that will be used for site preparation and construction. XLI will be eligible to receive job credits for hiring city residents; those credits can be used to offset a portion of the principal and interest payments on the City loan. Construction is expected to begin in May, 2003 and to be completed by the end of the year. XLI has estimated that the project will result in the creation of 58 new jobs, increasing company employment from 45 to 103. The road providing access to the development sites south of Emerson Street, currently known as Road A, was constructed by the City in 2000. The public right-of-way is currently being subdivided and it is expected that the street will be dedicated in 2003. This legislation provides XLI with a temporary easement to use the street until the time that it is dedicated. The XLI building is the third facility to be constructed in the Western Gateway Project south of Emerson Street. All sites south of Emerson Street are now developed or in the process of being developed. The first building, containing 77,000 square feet, was constructed by JADA Precision Plastics in 1998 on a 7.6 acre parcel. The second building, consisting of approximately 137,000 square feet, will be constructed in 2003 by Klein Steel on a 13.4 acre parcel. The City will provide environmental indemnification to XLI and to any future owners of its property for the land. This indemnification will cover any environmental conditions for which the City is responsible

Ordinance No. 2003-125 (Int. No. 152) Approval Of The Sale Of Land To XLI Corporation In The Western Gateway Project In The Outer Loop Industrial Park Of The Mt. Read-Emerson Urban Renewal Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of approximately 3.894 acres of land constituting Parcel 3 in the Western Gateway Project in the Outer Loop Industrial Park of the Mt. Read-Emerson Urban Renewal Project to XLI Corporation for the sum of $1.00. The Council hereby approves the grant of a temporary easement to XLI Corporation to use Road A in the Western Gateway Project until it is dedicated as a public street. Section 2. The Council hereby further authorizes environmental indemnification of XLI Corporation and future owners regarding hazardous substances. Section 3. The Mayor is hereby authorized to enter into such agreements as may be necessary to effectuate this project. 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 Nos. 2003-126, 2003-127, And 2003-128 Re: Extended Consolidated Community Development Plan/2003-04 Draft Annual Action Plan R2010: All Campaigns Transmitted herewith for your approval is legislation relating to the Extended Consolidated Community Development Plan/2003-04 Draft Annual Action Plan. The legislation will: 1. Extend the Consolidated Community Development Plan that was prepared in 2000 for two additional years; 2. Approve the 2003-04 Draft Annual Action Plan;

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TUESDAY, MAY 13, 2003

3. Authorize the submission of the plan to the U.S. Department of Housing and Urban Development and the execution of any grant agreements; and 4. Approve the appropriation and the use of Urban Development Action Grant principal and interest repayments projected to be received during the 2003-04 program year. In 1995, the Consolidated Community Development Plan replaced all U.S. Department of Housing and Urban Development planning and application requirements for HUDʼs formula grant programs, including the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant Program and the Housing Opportunities for Persons with AIDS. Under the revised requirements, jurisdictions prepare multi-year strategies and one-year action plans for use of federal funds. The City prepared a Consolidated Plan in 2000. The plan contained a community profile, housing market analysis, housing and homeless needs assessment, a housing market analysis, a three-year strategic plan and an annual action plan. The United States Department of Housing and Urban Development (HUD) has acknowledged that a special tabulation of 2000 Census data relevant to the Consolidated Plan will not be available to the City in Fiscal Year 2003. As a result, it is recommended that the current three-year plan be extended for two more years. The Cityʼs extended plan will add goals and specific objectives so that the strategic plan covers a five-year period. It will comply with relevant statutory and regulatory requirements such as a description of the citizen participation and consultation process, action plan and certifications. The action plan is based on the extended Consolidated Community Development Program. It covers the period from July 1, 2003 to June 30, 2004. The plan describes federal and other resources expected to be available during this period and specific projects and activities the City will undertake. The plan is designed to build upon the progress made in prior years. In 1994, the City, in partnership with a variety of neighborhood associations, began a neighborhood planning effort known as “Neighbors Building Neighborhoods” (N.B.N.). This process involved the preparation of strategic plans and action steps for 10 planning sectors. Further, the City adopted in April 1999 a comprehensive plan, Rochester 2010: The Renaissance Plan. This plan drives and informs all decisions regarding City priorities and funding. The proposed Consolidated Plan provides for the allocation of $18,795,619. Of this amount, $13,295,000 is available from the Community Development Block Grant, $3,793,619 is available from the HOME Program, $410,000 is available from the Emergency Shelter Grant and $597,000 from the Housing Opportunities for Persons with AIDS Program. An additional $700,000 in Urban Development Action Grant loan and interest repayments is available for the City Development Fund. Under the plan, the following funds are provided for activities that address the following objectives: Percent

Objective Support NBN Economic Stability Housing Stock Community Needs Other Total

Amount

Of Total

888,100 3,537,800 11,378,919 2,363,300 627,500 $18,795,619

5% 19 60 13 3 100%

$

Approval by the City Council of the Annual Action Plan is required by HUD. Approval of the City Development Fund is required by Resolution 83-26, which was adopted on May 24, 1983. A public hearing on the plan is required. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-126 (Int. No. 153) Approving The Extended Consolidated Community Development Plan/2003-04 Annual Action Plan WHEREAS, there is pending before this Council the Draft Extended Consolidated Community Development Plan/2003-04 Annual Action Plan to be financed with $18,765,619 available to the City of Rochester from the Community Development Block Grant, HOME Program, Emergency Shelter Grant Program, Housing Opportunities for Persons with AIDS Program, and Urban Development Action Grant loan and interest repayments; and WHEREAS, the proposed plan extends the Consolidated Community Development Plan prepared in 2000 for an additional two years; and WHEREAS, the proposed plan was prepared according to a Citizen Participation Plan and reflects public comments and consultations; and WHEREAS, the City Council has reviewed the needs, strategies and proposed actions with City staff; and WHEREAS, the City Council conducted a public hearing on the Draft Extended Consolidated Community Development Plan/2003-04 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 Extended Consolidated Community Development Plan/2003-04 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. Passed unanimously. Ordinance No. 2003-127 (Int. No. 154)

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TUESDAY, MAY 13, 2003 Authorizing Submission Of The Extended Consolidated Community Development Plan/2003-04 Annual Action Plan And Execution Of The Grant Agreement With The United States Department Of Housing And Urban Development BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit an Extended Consolidated Community Development Plan/2003-04 Annual Action Plan to the United States Department of Housing and Urban Development. The Mayor is hereby further authorized to execute a grant agreement with the United States Department of Housing and Urban Development for the Program Year beginning July 1, 2003. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-128 (Int. No. 155) 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 Program/2003-04 Annual Action Plan, the Council hereby appropriates the sum of $700,000 in anticipated UDAG Loan Repayment Funds 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. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously.

Heritage Foundation Int. No. 179 - Authorizing Applications And Agreements Relating To The 2003 Good Grades Pay Program The Public Services & The Arts Committee recommends for Consideration the following entitled legislation: Int. No. 161 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides And Authorizing An Agreement Int. No. 182 - Establishing Maximum Compensation For A Professional Services Agreement With Monroe Community College For The AmeriCorps Program The following entitled legislation is being held in committee: Int. No. 157 - Authorizing An Application And Agreements Relating To The Rochester After School Academy Program And Amending The 2002-03 Budget Respectfully submitted, Tim O. Mains Tony M. Thompson Lois J. Giess Gladys Santiago PUBLIC SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-129 Re: Human Services CDBG Projects R2010: Campaign 2 - Educational Excellence Campaign 3 - Health, Safety, and Responsibility Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for Human Services projects:

By Councilmember Griswold May 13, 2003 To the Council: The Public Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 156 - Authorizing Agreements And Appropriating Funds For Human Services Projects Int. No. 158 - Authorizing Amendatory Agreements For A Truancy Reduction And Counseling Program And Amending The 2002-03 Budget Int. No. 159 - Establishing Maximum Compensation For A Professional Services Agreement For Sound And Lighting Services Int. No. 160 - Establishing Maximum Compensation For Professional Services Agreements For Services As A Grant Writer For The Rochester Cemeteries

Organization Project

Amount

Northeast Neighborhood Alliance Summer on the City Farm

$48,900

YMCA of Greater Rochester Reidman Summer Science and Technology Camp

30,000

Cameron Community Ministries Northwest Youth Programs

32,000

The above projects are considered Projects with Matching Funds and are eligible for up to five years of funding under the Human Services funding guidelines approved by City Council in June, 1981. The proposed agreement for the Northwest Youth Programs represents the third year of CDBG funding. The proposed agreements for the Reidman Summer Science

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TUESDAY, MAY 13, 2003

and Technology Camp and Summer on the City Farm represent the fourth year of CDBG funding. The cost of the agreements will be financed from the General Community Needs allocation of the 2003-04 Community Development Block Grant. Project descriptions and budgets are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-56 Ordinance No. 2003-129 (Int. No. 156) Authorizing Agreements And Appropriating Funds For Human Services Projects 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 human services projects in amounts not to exceed the following: Organization Project Northeast Neighborhood Alliance Summer on the City Farm YMCA Reidman Summer Science and Technology Camp Cameron Community Ministries Northwest Youth Programs

and subsequent clearance from the Truancy Reduction and Assessment Center (TRAC). The proposed legislation will also amend the 2002-03 budget of the Rochester Police Department to reflect the receipt and use of these funds to continue these services during the 2002-03 school year. From October 2002 through March 2003, the Truancy Center has referred 88 children to the program, known as TRAC-ASSIST, for interventions centering on obeying authority figures and following rules on punctuality and attendance. Details on the referrals for the past two quarters are attached. TRAC-ASSIST indicates that it has provided truancy intervention for 32 students illegally absent from school four or more times within a 20 day attendance period. These interventions include mentoring classes for 15 students prone to truancy that provided training on conflict resolution, social skills, anger management, and resiliency, as well as follow-up services to 5 students. TRAC-ASSIST staff conduct home visits, home contacts, and/or weekly student-teacher contacts at Madison and Dr. Freddie Thomas Middle schools, for all referrals. They regularly attend meetings with parent groups, school personnel and the superintendent to discuss strategies to strengthen the home, school and community connection.

Amount

Respectfully submitted, William A. Johnson, Jr. Mayor

$48,900

Attachment No. AC-57

30,000 32,000

Section 2. The agreements shall obligate the City to pay an amount not to exceed $110,900, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2003-04 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-130 Re: TRAC-ASSIST Grant R2010: Campaign 3 - Health, Safety, and Responsibility Transmitted herewith for your approval is legislation authorizing two amendatory agreements related to a truancy intervention program. The first is with the State University of New York at Buffalo (UB) for the receipt and use of funds totaling $21,296; the second is with Revelation Sovocational Program Inc. to provide partial reimbursement for counseling and related services provided during 2002-03. The program is intended to provide intervention and counseling services to children who are truant from Rochester City schools following their apprehension

Ordinance No. 2003-130 (Int. No. 158) Authorizing Amendatory Agreements For A Truancy Reduction And Counseling Program And Amending The 2002-03 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 State University of New York at Buffalo for funding for a Rochester Police Department Truancy Reduction and Counseling Program. Section 2. The Mayor is hereby further authorized to enter into an amendatory agreement with Revelation Sovocational Program, Inc. for services as a part of the Rochester Police Department Truancy Reduction and Counseling Program. Section 3. The agreement shall obligate the City to pay an amount not to exceed $21,296, and said amount, or so much thereof as may be necessary, shall be funded from the 2002-03 Budget of the Rochester Police Department. Section 4. Ordinance No. 2002-194, the 2002-03 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 $21,300, which amount is hereby appropriated from funds to be received through the agreement authorized in Section 1. Section 5. The amendatory agreements shall contain such terms and conditions as the Mayor deems to be appropriate. Section 6. This ordinance shall take effect im-

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TUESDAY, MAY 13, 2003 mediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-131 Re: Special Events Sound and Lighting Services R2010: Campaign 10 - Center City Campaign 11 - Arts and Culture Transmitted herewith for your approval is legislation authorizing an agreement with Northeastern Production Systems, Inc., P.O. Box 23199, Rochester, New York 14692, for sound and lighting services at special and cultural events. The maximum cost of this agreement will be $176,000, $159,000 of which will be financed from the 2003-04 and future budgets of the Department of Parks, Recreation and Human Services and $17,000 of which will be financed from the Rochester Events Network. Special events and cultural events in the performing arts series typically require the provision of various sound and lighting services. The most recent agreement for these services was authorized by the Council on June 20, 2000. This agreement expires on June 30, 2003. In January 2003, the Special Events Office advertised a request for proposals for these services. Two proposals were received and rated by City staff and community event producers. Northeastern Production Systems, Inc. was rated highly superior. Under its proposed agreement, Northeastern will provide the sound and lighting equipment required for all special events and cultural arts performances provided by the DPRHS Special Events Office, including the summer evening concerts in Manhattan Square Park, RPO concerts, Holidays On Ice event at the Blue Cross Arena, and various other concerts throughout the year. The agreement will have an initial term of one year with provision for renewal for two additional oneyear periods upon mutual consent. If the agreement is renewed, the specified prices will be adjusted by a percentage equivalent to the annual increase in the consumer price index for urban areas. The maximum cost for the 2003-04 year will be $57,000 and the two following years with estimated consumer price index annual increase of 3% at $58,700 and $60,300, respectively. The total cost of sound and lighting services during 1998-99 was $51,500. Increases for the next three years are due to increased technical support for national talent for some concerts at Manhattan Square Park and the possible need for roof rentals for rain dates. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-131 (Int. No. 159) Establishing Maximum Compensation For A Professional Services Agreement For Sound And Lighting Services BE IT ORDAINED, by the Council of the City of Rochester as follows:

Section 1. The sum of $57,000, or so much thereof as may be necessary, is hereby established as the City compensation to be paid for a professional services agreement between the City and Northeastern Production Systems, Inc. for sound and lighting services for the Special Events Performing Art Series for a term of one year, with two (2) one year options for renewal at amounts not to exceed $58,700 and $60,300, respectively. Said amounts shall be funded from the 2003-04 and subsequent Budgets of the Department of Parks, Recreation and Human Services, contingent upon approval of said budgets, and $17,000 shall be funded from the Rochester Events Network. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-132 Re: Grant Writing for Mt. Hope Cemetery R2010: Campaign 4 - Environmental Stewardship Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation establishing maximum compensation for an agreement with Maranne McDade Clay, 42 Winbourne Road, Rochester, New York 14611. The maximum cost of this agreement will be $15,000, which will be financed from the 2002-03 budget of the Department of Parks, Recreation and Human Services. The services to be provided include the research, development and preparation of applications for grants and other public funds for submission by the Rochester Cemeteries Heritage Foundation, Inc. The proposed agreement will have a term of one year with provision for renewal for three additional periods of one year each. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-58 Ordinance No. 2003-132 (Int. No. 160) Establishing Maximum Compensation For Professional Services Agreements For Services As A Grant Writer For The Rochester Cemeteries Heritage Foundation 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 annual compensation to be paid for a professional services agreement between the City and Maranne McDade Clay for services as a Grant Writer for the Rochester Cemeteries Heritage Foundation for a term of one year, with three one-year renewal options. Said amounts shall be funded from the 2002-03 and subsequent Budgets of the Department of Parks, Recreation and Human Services, contingent on approval of subsequent budgets.

Page 146 Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-133 Re: Good Grades Pay Program R2010: Campaign 2 - Educational Excellence Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation relating to the Good Grades Pay program. This legislation will: 1. Appropriate $297,763 from the proposed 2003-04 budget of the Department of Parks, Recreation and Human Services and $60,000 of Community Development Block Grant funds from 1999-2000 to fund the program; and 2. Authorize an agreement with the City School District at a maximum cost of $139,351 to operate a portion of the program. The cost of said agreement will be partially funded from the above appropriations supplemented by $11,536 from the 2002-03 budget of the Department of Parks, Recreation and Human Services. The Good Grades Pay (GGP) program provides City middle school and high schools students between the ages of 14 and 21 who meet the GGP criteria with a summer work experience or vocational exploration opportunity. The GGP minimum criteria include at least a 2.0 GPA for the marking period and a 90% minimum attendance with no long-term suspension for the school year. Last year, the GGP vocational educational programs for 14 and 15 year olds were redesigned to provide participants with information and experience in specific career clusters highlighting the educational requirements and upward mobility of those areas. This emphasis will continue for the summer of 2003. In addition to the funded vocational exploration programs, the following components are also part of the Good Grades Pay program: Good Grades Pay Plus will provide work experience for 27 high schoolers who are 16 years of age or older and exceed the GGP criteria by having at least a 3.0 GPA for the marking period and 95% or better school attendance; they will be paid $6.00/hour in an internship-like experience. Teens on Patrol (TOPS) and Community Conservation Corps (CCC) each enroll 30 youth at minimum wage to work in City recreation centers or with police-sponsored programs. The duration of the programs is seven and eight weeks, respectively. Funds for these components will be included in the proposed 2003-04 budget. The Rochester City School District will provide payroll processing services and check distribution for the TOPS, CCC, GGP+, and Jr. Recreation Leader programs. The agreement for $139,351 is for youth wages and fringe benefits plus administrative costs. Of that amount, $11,536 from the 2002-03 Department of Parks, Recreation and Human Services budget will be used for summer wages for the Jr. Recreation Leader into the Good Grades Pay payroll process.

TUESDAY, MAY 13, 2003 In January of 2003, the Good Grades Pay 2003 Request for Proposal was released and 10 agencies responded. The programs listed below are recommended for funding based on description of proposed services, past performance, and the amount of available funding. In Good Grades Pay 2003, $229,948 will fund the following six programs to serve 169 14- and 15-year olds: Agency Number Cost per Amount Enrolled Enrollee Recommended Project Description Action for a Better Community 24 $1,375 $33,000 Career exploration in areas of business and helping professions American Red Cross 30 1,057 31,700 Employability skills training and work experience focusing on careers in human services Arts & Cultural Council 40 1,431 57,248 Arts-based job readiness initiative where students work under guidance of professional artists Baden Street Settlement 25 1,640 41,000 Continuation of summer funding for an engineer prep program that began last summer and was funded during the school year by the DOT Catholic Family Center 25 1,560 39,000 Teen Biz program designed to impart entrepeneurship knowledge, skills, and attitudes which will enable students to initiate a business venture on their own Community Place 25 1,120 28,000 Non-traditionl career exploration for young women in the NE Quadrant The total number of youth served through Good Grades Pay 2003 will be 280 at a total cost of $369,299. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-59 Ordinance No. 2003-133 (Int. No. 179) Authorizing Applications And Agreements Relating To The 2003 Good Grades Pay Program BE IT ORDAINED, by the Council of the City of Rochester as follows:

Page 147

TUESDAY, MAY 13, 2003 Section 1. The Mayor is hereby authorized to enter into agreements or amendatory agreements with the following organizations in amounts not to exceed the following for the operation of projects and/or administration of projects for the 2003 Good Grades Pay Program: Contractor Action for a Better Community American Red Cross Arts & Cultural Council Baden Street Settlement Catholic Family Center Community Place Rochester City School District

Total $ 33,000 31,700 57,248 41,000 39,000 28,000 139,351

Section 2. The agreements shall obligate the City to pay an amount not to exceed $369,299, and of said amount, or so much thereof as may be necessary, $297,763 shall be funded from the 2003-04 Budget of the Department of Parks, Recreation and Human Services, contingent upon approval of said budget, $11,536 shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human Services and $60,000 is hereby appropriated from the General Community Needs Allocation of the 19992000 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Mains, Norwood, Santiago, Stevenson, Thompson - 7. Nays - None - 0. Councilmember Douglas abstained vote because he is an employee of one of the affiliated agencies. Councilmember Griswold abstained vote because she is an employee of one of the affiliated agencies. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1518 Re: Downtown Guides Program R2010: Campaign 8 - Tourism Destination Campaign 10 - Center City Campaign 11 - Arts and Culture Transmitted herewith for your approval is legislation relating to the Downtown Guides Program. This legislation will: 1. Approve the 2003-04 budget of the program and apportion the budget costs among the various properties within the District; and 2. Authorize an agreement with Downtown Special Services, Inc. for continued administration of the program. The program was authorized by the City Council on March 15, 1994 and re-authorized on May 11, 1999. The guides walk regular routes within downtown and

provide people with directions and information about downtown activities, events and attractions. They also report, via radio, any emergency situations. The program is operated within the Inner Loop and in the High Falls, Frontier Field and Kodak office building areas. It is administered by a not-for-profit corporation, Downtown Special Services, Inc., which is directed by an 11-member board consisting of representatives from downtown businesses, the tourist industry, and the City and County governments. The costs of the program are apportioned among all non-homestead properties within the program or district boundaries except those owned by the federal or state governments. The apportionment is based upon relative assessed valuation. For 2003-04, the budget for the program will be $315,000. Of this amount, $766 will be financed from interest earnings and unused assessments from 2002-03. After an addition of a reserve for delinquent accounts of 5.5%, total assessments will be $315,260, which is $4,655 less than the 2002-03 assessment. If the proposed legislation is approved, the assessments for individual properties will be prepared and submitted to the Council for consideration. Property owners will be provided with an opportunity to review these assessments and to comment upon them at a public hearing. A public hearing on the proposed legislation is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-60 Local Improvement Ordinance No. 1518 (Int. No. 161) Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides 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 for the 2003-04 fiscal year for the Downtown Guides is established at $315,260, and said amount shall be allocated and levied in accordance with Local Improvement Ordinance No. 1352, as continued by Local Improvement Ordinance No. 1446. Section 2. The Mayor is further authorized to enter into an agreement with Downtown Special Services, Inc. for the operation of the Downtown Guides Program. The agreement shall contain such terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0.

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TO THE COUNCIL: Ladies and Gentlemen:

amount shall be funded from the 2002-03 Budget for Undistributed Expense.

Ordinance No. 2003-134 Re: Agreement - Monroe Community College AmeriCorps Program

Section 2. This ordinance shall take effect immediately.

R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation authorizing an agreement with Monroe Community College, as agent for the Rochester AmeriCorps Jobs Collaborative, for continued financial support of the AmeriCorps Program. The maximum cost of this agreement will $85,000, which will be financed from the 2003-04 Undistributed account. The AmeriCorps program is a federal community service initiative for individuals ages 17 or older. The Cityʼs participation in the program was authorized by City Council on September 29, 1994.

Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he has an intern from AmeriCorp. Councilmember Griswold moved to have Introductory No. 157 discharged out of committee. The motion was seconded by Councilmember Thompson.

The program is administered by the aforementioned Collaborative, which consists of representatives of Action for a Better Community, Ibero American Action League, Monroe County, Puerto Rican Youth Development, the Task Force to Reduce Violence, The Center for Youth Services and the Urban League of Rochester, as well as the City of Rochester and Monroe Community College.

The motion was adopted unanimously.

Under the program, participants perform various public services in exchange for a stipend or living allowance of $9,620 per year, health insurance, reimbursement of child care costs (if eligible), and an educational award of up to $4,725. In Rochester, the community services are directed toward improving the reality and perception of public safety in neighborhoods of highest need, with particular emphasis on initiatives involving children and youth.

R2010: Campaign 2 - Educational Excellence

More than 800 individuals have participated in the program since its inception in 1994. Of this number, 540 successfully completed the requirement of 1,700 hours of community service and 88 are currently enrolled. Under the proposed agreement, AmeriCorps members will continue to work in police section offices, NET offices, recreation centers and Teen Court. The cost of the agreement is $25,000 higher than the present agreement because of the elimination of County support for the program. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-134 (Int. No. 182) Establishing Maximum Compensation For A Professional Services Agreement With Monroe Community College For The AmeriCorps Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $85,000, 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 Monroe Community College, as agent for the Rochester AmeriCorps Jobs Collaborative, for the AmeriCorps Program. Said

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-135 Re: Agreements - New York 21st Century Community Learning Centers Program

Transmitted herewith for your approval is legislation relating to the New York 21st Century Community Learning Centers Program. This legislation will: 1. Authorize agreements with: a. the New York State Department of Education for the receipt of a maximum grant of $2,595,000 for the operation of the Rochester After School Academy (RASA) program. The funding will come in two phases: a “startup” period of six months (January through June, 2003) in an amount not to exceed $865,000, and a subsequent full program year (July, 2003 through June, 2004) in an amount not to exceed $1,730,000. Indirect cost of $21,000 for 2002-03 and $42,231 for 2003-04 are included in those totals. b. the following agencies that comprise RASA (listed with their school sites): Agency School Partner

2002-03

Puerto Rican Youth Development Edison Tech $ 18,731 Boys and Girls Club of Rochester Benjamin Franklin 87,871 The Center for Dispute Settlement The New Lofton Academy 28,035 Soc./Protection and Care of Children Frederick Douglas School 12,379 YMCA of Greater Rochester Monroe Middle School 33,587 School 36 59,212 Charter School/Sci. & Tech. 59,212 Baden Street Settlement School #9 85,206

2003-04 $ 123,002 148,810 140,600 138,762 149,185 139,928 147,960 139,095

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TUESDAY, MAY 13, 2003 North East Area Development School #33 60,475 141,069 City Bureau of Recreation School #28 21,105 144,768 School #39 27,235 127,951 Total $493,048 $1,541,130 2. Appropriate a portion of the grant funds and amend the 2002-03 budget of the Department of Parks, Recreation and Human Services by $55,465 to finance the costs of administration of the grant ($7,125) and the costs of operation of RASA programs at School #28 and School #39. Provision for the remaining $490,466 will be made in the 2003-04 budget of DPRHS. In March of 2003, the New York State Department of Education awarded a 21st Century Community Learning Centers Program grant to the City of Rochester for the Rochester After School Academy (RASA) program. RASA is a comprehensive and strategic approach to afterschool programming, designed to enhance and extend learning opportunities beyond the traditional school day. RASA will operate 11 Academies (Community Learning Center sites) at Title l schools, and will serve 1,105 students and 325 family members. The full grant period will extend through June 30, 2007 and will involve a total grant of $7,785,000. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Griswold moved to amend Introductory No. 157. The motion was seconded by Councilmember Mains. The motion was adopted unanimously. Ordinance No. 2003-135 (Int. No. 157, As Amended) Authorizing An Application And Agreements Relating To The Rochester After School Academy Program And Amending The 2002-03 Budget

Soc./Protection and Care of Children Frederick Douglas School 12,379 YMCA of Greater Rochester Monroe Middle School 33,587 School 36 59,212 Charter School/Sci. & Tech. 59,212 Baden Street Settlement School #9 85,206 North East Area Development School #33 60,475 City Bureau of Recreation School #28 21,105 School #39 27,235 City Bureau of Human Services Church of Love 0 Baden St. Settlement 0 Puerto Rican Youth Dev. 0 Coordinated Care Svcs., Inc. 1,709 Total

138,762 149,185 139,928 147,960 139,095 141,069 144,768 127,951 31,000 33,500 47,990 82,691

$[493,048] $[1,541,130] 494,757 1,736,311

Section 3. There is hereby appropriated from New York 21st Century Community Learning Centers Program Funds the sum of $[2,104,534] 2,595,000, or so much thereof as may be necessary, to fund the agreements authorized herein, indirect and administrative expenses. Section 4. Ordinance No. 2002-194, the 200203 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Department of Parks, Recreation and Human Services by the sum of $[55,500] 7,100, which amount shall be funded from the appropriation made in Section 3 hereof. Section 5. The application and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 6. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added.

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

Passed unanimously.

Section 1. The Mayor is hereby authorized to submit an application to and enter into an agreement with the New York State Department of Education for funding under the New York 21st Century Community Learning Centers Program for the Rochester After School Academy Program.

To the Council:

Section 2. The Mayor is hereby further authorized to enter into agreements with the following organizations in the following amounts, or the following amounts are allocated, for projects for eighteen months under the Rochester After School Academy Program:

Int. No. 162 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $800,000 Bonds Of Said City To Finance The Cost Of Construction Of Street Improvements In Connection With The Atlantic Woodstock Subdivision Project

Agency School/Agency Partner

2002-03

Puerto Rican Youth Development Edison Tech $ 18,731 Boys and Girls Club of Rochester Benjamin Franklin 87,871 The Center for Dispute Settlement The New Lofton Academy 28,035

2003-04 $ 123,002

By Councilmember Stevenson May 13, 2003 The Parks, Public Works & the Environment Committee recommends for adoption the following entitled legislation:

Int. No. 163 - Establishing Maximum Compensation For A Professional Services Agreement For The Atlantic Woodstock Subdivision Project

148,810

Int. No. 164 - Establishing Maximum Compensation For A Professional Services Agreement For The State Street Underpass Access Improvement Project

140,600

Int. No. 165 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of

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TUESDAY, MAY 13, 2003

$820,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Underpass Improvements Related To The State Street Underpass Access Improvement Project

Tony M. Thompson PARKS, PUBLIC WORKS & THE ENVIRONMENT COMMITTEE

Int. No. 166 - Authorizing An Agreement With The County Of Monroe For The Disposal Of Solid Waste And The Processing Of Recyclables

TO THE COUNCIL: Ladies and Gentlemen:

Int. No. 167 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $770,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains Related To The 2003 Water Main Extension And Improvements Program In The City Int. No. 168 - Amending The Municipal Code With Respect To Wholesale Water Rates Int. No. 169 - Authorizing Agreements For Environmental Site Assessments Int. No. 180 - Authorizing Amendatory Agreements For The Adopt-A-Block Program And Amending Ordinances Int. No. 181 - Authorizing Agreements For The Genesee Riverway Trail And Amending The 2002-03 Budget And Repealing Ordinance No. 2002-364 The Parks, Public Works & the Environment Committee recommends for consideration the following entitled legislation: Int. No. 170 - Abandonment Of A Portion Of Commercial Street And Approving An Acquisition By Negotiation Or Condemnation, Easements And Amendatory Lease Int. No. 171 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas Int. No. 172 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements Int. No. 183 - Establishing Maximum Compensation For A Professional Services Agreement For The Chili Avenue Improvement Project And Appropriating Funds Int. No. 184 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $575,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Chili Avenue Improvement Project Int. No. 185 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,361,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To Chili Avenue Improvement Project Int. No. 186 - Approving The Acquisition Of 578 Chili Avenue By Negotiation Or Condemnation As A Part Of The Chili Avenue Improvement Project Int. No. 187 - Approving The Dedication Of Parcels For The Chili Avenue Improvement Project Respectfully submitted, Robert J. Stevenson Brian F. Curran

Received, filed and published.

Ordinance No. 2003-136 And Ordinance No. 2003-137 Re: Atlantic Woodstock Subdivision R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Atlantic Woodstock Subdivision Project. The legislation will: 1. Authorize the issuance of bonds in the amount of $800,000 and appropriate the proceeds thereof to finance the cost of the improvements; and 2. Authorize a professional services agreement with The Sear Brown Group for resident project representation services for the Atlantic Woodstock Subdivision Project at a maximum cost of $92,000. The Atlantic Woodstock Subdivision is a proposed housing subdivision being developed by the City. The project consists of approximately seven acres located on the former APCO contractorʼs yard on Atlantic Avenue. The project involves resubdividing the existing parcels into 27 new housing lots and a right-of-way for a new cul-de-sac roadway. The project includes the construction of an 900ʼ, cul-de-sac street which extends northerly from Atlantic Avenue, between Woodstock Street and Akron Street. This new street will include new: water main with services; storm and sanitary sewers with laterals; granite curb; concrete sidewalks; asphalt pavement; driveway aprons, residential street lighting; and landscaping. Twenty-two housing lots will front on the new roadway. Additionally, curb cuts with driveway aprons, new sidewalk, sewer laterals and water services will be installed for four parcels fronting on Woodstock Street and one parcel fronting on East Main Street. Environmental remediation of the contaminated soils on the site is currently underway by the City of Rochester Environmental Quality Division and The Sear-Brown Group, and is expected to be completed by the fall of 2003. The Sear-Brown Group originally investigated the environmental remediation of this site under an agreement approved by Ordinance 98-404 passed by Council in November, 1998. City Council authorized the clean-up of the site by The Sear-Brown Group by Ordinances 2001-309 and 2001-310 on August 30, 2001. City Council authorized the planning and design agreement with The Sear-Brown Group on April 16, 2002 by ordinance 2002-96. Bids for construction were received on April 14, 2003. The work will be performed by Ferguson Hall Construction, at a cost of $711,900, which is 21% less than the engineerʼs estimate. An additional $86,000 will be allocated for contingencies, street lighting, and trees. Construction RPR

$711,900 92,000

TUESDAY, MAY 13, 2003 Contingency Total

86,000 $889,900

The cost of the improvements will be financed from the proceeds of the proposed bond ordinance and by $89,000 from the 2000-01 Cash Capital allocation made for this project. The Sear Brown Group is recommended for resident project representation (RPR) because of the availability and qualifications of the personnel assigned to the project. The agreement will commence upon execution by the parties and will terminate three months after completion of a two-year guarantee inspection of the project. The cost of the agreement will be financed from the appropriation requested herein. Construction is scheduled to begin in Summer 2003 and be substantially complete in Fall 2003. A public informational meeting was held on June 26, 2002. A copy of the meeting minutes is attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-61 Ordinance No. 2003-136 (Int. No. 162) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $800,000 Bonds Of Said City To Finance The Cost Of Construction Of Street Improvements In Connection With The Atlantic Woodstock Subdivision 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 planning and implementing street improvements, including but not limited to the construction of a new cul-de-sac street extending northerly from Atlantic Avenue between Woodstock Street and Akron Street, with new water mains and services, storm and sanitary sewers with laterals, curbs, sidewalks, driveway aprons, street lighting and landscaping, in connection with the Atlantic Woodstock Subdivision Project 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 $889,900. The plan of financing includes the issuance of $800,000 bonds of the City, and said amount is hereby appropriated therefor, together with $89,900 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 $800,000 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

Page 151 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 $800,000. 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.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

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TUESDAY, MAY 13, 2003

the City and hereby designated the official newspaper of said City for such publication. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. Ordinance No. 2003-137 (Int. No. 163) Establishing Maximum Compensation For A Professional Services Agreement For The Atlantic Woodstock Subdivision Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $92,000, 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 Sear Brown Group for resident project representation services for the Atlantic Woodstock Subdivision 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 this purpose. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-138 And Ordinance No. 2003-139 Re: State Street Underpass Access Improvement Project R2010: Campaign 7 - Quality Services Campaign 8 - Tourism Destination Campaign 10 - Center City Transmitted herewith for your approval is legislation related to the State Street Underpass Access Improvement Project. The legislation will: 1. Authorize a professional services agreement with Dewberry, Inc., 700 Alliance Building, 183 East Main Street, Rochester, NY for resident project representation services for the State Street Underpass Access Improvement Project, at a maximum cost of $90,000; and 2. Authorize the issuance of bonds totaling $820,000 and the subsequent appropriation of the proceeds thereof to finance the cost of construction for the project. The State Street Underpass access improvements are intended to improve and enhance the physical and visual gateway between downtown and the High Falls Entertainment District. The physical and visual barriers include both the Inner Loop and CSXT underpasses at State Street. The primary objective of the project is to provide a strong linear linkage between the Center City, High

Falls Entertainment District, and Frontier Field. Incorporating various aesthetic, safety, pedestrian and lighting enhancements, the project will provide a creative, safe and distinctive gateway into and through the area. It will incorporate color, texture, material, mass and scale to emphasize the gateway and highlight the connection between the district and the Center City. On March 19, 2002, City Council authorized a professional services agreement with Dewberry, Inc. for design services related to the project. Dewberry, Inc. was chosen for resident project representation services because of the firmʼs familiarity with the project and the quality of the team assigned to the project. The cost of the agreement will be financed from a portion of the proceeds of the proposed bond. Construction of the project is scheduled to begin in the Summer of 2003 and be substantially completed by the Winter of 2003. A public workshop was held on October 2, 2002 and followed up with two projectrelated charrettes on January 15, 2003 and February 5, 2003. Copies of the minutes of these meetings are attached. An additional public informational meeting will be held prior to the start of construction. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-62 Councilmember Thompson moved to amend Introductory No 164. The motion was seconded by Councilmember Stevenson. The motion was adopted unanimously. Ordinance No. 2003-138 (Int. No. 164, As Amended) Establishing Maximum Compensation For A Professional Services Agreement For The State Street Underpass Access Improvement Project And Amending Ordinances No. 2003-56 And 2003-57 Relating To The Lake Avenue Improvement Project 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 Dewberry-Goodkind, Inc., for resident project representation services for the State Street Underpass Access Improvement 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 this purpose. Section 2. Ordinance No. 2003-56, relating to the Lake Avenue Improvement Project, is hereby amended by amending Section 3 thereof to read in itʼs entirety as follows: Section 3. The agreements shall obligate the City to reimburse the State in an amount not to exceed $1,560,000 for the water improvements, and of said amount, or so much thereof as may be necessary, $1,100,000 shall be funded from a bond ordinance adopted for this purpose, $210,000

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TUESDAY, MAY 13, 2003 shall be funded from the 2000-01 Cash Capital Allocation and $250,000 shall be funded from the 2002-03 Cash Capital Allocation.

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.

Section 3. Ordinance No. 2003-57, a bond ordinance for reconstruction of water mains as a part of the Lake Avenue Improvement Project, is hereby amended by amending Section 1 thereof by increasing the estimated maximum cost of said purpose to $1,560,000, an increase of $210,000, which amount shall be funded from the 2000-01 Cash capital Allocation.

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 4. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. Ordinance No. 2003-139 (Int. No. 165) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $820,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Underpass Improvements Related To The State Street Underpass Access 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 additional cost of construction and reconstruction of certain improvements to the Inner Loop and CSX Railroad Underpasses on State Street within the City including, but not limited to, pedestrian and vehicle safety, aesthetic and street lighting improvements (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 $950,000. The plan of financing includes the issuance of $820,000 bonds of the City to finance said appropriation, and said amount is hereby appropriated therefor, together with the application of $130,000 bonds previously appropriated in Ordinance No. 2002-56, 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 $820,000 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 $820,000. 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

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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0.

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TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-140 Re: Agreement - Monroe County for Solid Waste Disposal R2010: Campaign 5 - Regional Partnerships Transmitted herewith for your approval is legislation authorizing an agreement with Monroe County for the continued disposal of solid waste and the processing of recyclable materials. The proposed agreement will supersede the current agreement that was authorized by City Council on August 19, 1997. Under the agreements, the City is required to deliver to the Mill Seat Landfill in Riga all refuse collected by the City, and the County is required to accept all such refuse. The City presently delivers approximately 124,200 tons of refuse annually to the landfill. The present landfill fees paid by the City are $50.00 per ton for residential and commercial refuse. The term of the proposed agreement will begin on July 1, 2003, and extend through June 30, 2012. During the first two years of the agreement, the landfill fee will be $46.00 per ton. The landfill fee will increase to $47.00 in the subsequent two years. Effective July 1, 2007 through June 30, 2012 the landfill rate will increase by 2% per year. It is estimated that the decrease in the fee will result in annual cost reductions of $496,800 during the first two years of the agreement and $372,600 for the next two years. The net aggregate projected savings over the course of the nine-year agreement will be $1,439,300. There will be no change in the fee for recyclable materials, which is $0. In addition, under the new agreement, the County will begin to accept up to 10,000 cubic yards per year of construction and demolition debris from City projects at no cost to the City. This will result in further cost avoidance for disposal of these materials. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-140 (Int. No. 166) Authorizing An Agreement With The County Of Monroe For The Disposal Of Solid Waste And The Processing Of Recyclables 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 disposal of solid waste and the processing of recyclables. The agreement shall extend for a term of nine (9) years. The agreement shall take effect on July 1, 2003 and shall replace the current solid waste agreement. During the first two (2) years, a flat fee of $46 per ton shall be established for all solid waste (both commercial and residential), with a flat fee of $47 per ton for the next two (2) years. Beginning on July 1, 2007, this fee shall increase 2% per year. Under the terms of this agreement, the County shall continue

to accept recyclables, wood, brush and tires without cost to the City. The County shall also accept up to 10,000 cubic yards of construction and demolition debris per year at no cost to the City. The cost of this agreement shall be funded from the annual budgets of the Department of Environmental Services. 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. 2003-141 Re: Bond Water Main Extensions and Improvements Program R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $770,000 and appropriating the proceeds thereof for the annual Water Main Extensions and Improvements Program. The Water Main Extensions and Improvements Program provides for the scheduled replacement of deteriorated and inadequate water mains. There are approximately 599 miles of pipe within the Cityʼs distribution system; approximately 400 miles of this pipe are over 75 years of age, the expected useful life of water mains. The proposed bond issue will finance water main improvements in the following locations: Location From

To

Arvine Park Genesee Street

East dead end

Linden Street Mt. Vernon Street

Meigs Street

Wellesley Street Oxford Street

Wilmer Street

Royleston Road Merchants Road

Winton Road

Glide Street Lyell Avenue

Otis Street

Clark Street Garson Avenue

South dead end

Bellwood Place Goodman Street

West dead end

These improvements, which comprise approximately 1.0 miles of mains, are designed to improve water pressure and flow for regular consumption and fire protection. Bids for the improvements were received April 3, 2003. The work will be performed by Gordon J. Phillips, Inc. at a maximum cost of $699,036, which is approximately $100,000 less than the engineering estimate; an additional $70,964 (10%) will be pro-

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TUESDAY, MAY 13, 2003 vided for contingencies. The improvements are scheduled to begin in June and be completed by December 2003. Project inspection services will be performed by Water and Lighting personnel. Respectfully submitted, William Johnson, Jr. Mayor Attachment No. AC-63 Ordinance No. 2003-141 (Int. No. 167) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $770,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains Related To The 2003 Water Main Extension And Improvements 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 reconstruction of certain water mains related to the 2003 Water Main Extension and Improvements Program, including but not limited to water mains along Arvine Park, Linden Street, Wellesley Street, Royleston Road, Glide Street, Clark Street and Bellwood Place 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 $770,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $770,000 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 $770,000 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 $770,000. 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: (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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-142 Re: City Code - Wholesale Water Rate R2010: Campaign 5 - Regional Partners Transmitted herewith for your approval is legislation amending Section 23-37 of the Municipal Code by raising the wholesale water rate for the following:

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1. Lima Water Districts 1 and 2; and 2. Town of West Bloomfield. The present wholesale rate for the Town and Village of Lima, Water Districts 1 and 2 was established by the City Council on July 23, 2002. That Ordinance set a rate of $1.18 per 1,000 gallons. This legislation is proposing an increase of 1.71% (Consumer Price Index for the calendar year 2002), which equals a $0.02 increase, resulting in a proposed rate of $1.20 per 1,000. The estimated additional revenue is $1,700. The present wholesale rate for West Bloomfield was established by the City Council on June 19, 2001. West Bloomfield is being billed at a rate of $1.15 per 1,000 gallons. The proposed increase to this rate is 4.54% or $0.05 bringing the rate to $1.20 per 1,000 gallons. This rate is derived from the 2001 CPI of 2.83% plus the 2002 CPI of 1.71%. The estimated additional revenue is $2,400. The cost increase is primarily related to maintaining an aging system. The Water Bureau is commencing a major Conduit Modernization Program that will be ongoing for many years to come. Future rate adjustments to the wholesale rate for Lima and W. Bloomfield will be based upon changes in the Consumer Price Index. Rate changes are expected to be proposed on an annual basis for Lima and every two years for W. Bloomfield. The proposed rate increases will go into effect on July 1, 2003. Respectfully submitted, William A. Johnson, Jr. Mayor

40 Commercial 300 State Street 640 Kreag Road 2230 Penfield Road 700 West Metro Park 85 Metro Park 28 East Main Street

The agreements will be financed from the annual budgets of the departments using the services or from capital funds appropriated for specific environmental, construction and redevelopment projects. Environmental site assessments are a prerequisite for properties that are involved in real estate transactions. Such assessments allow a prospective buyer to identify suspect environmental conditions, consider potential remediation costs during negotiations, plan for cleanup during redevelopment and avoid or limit liability for these costs. Under the proposed agreements the following Phase I site assessment services will be provided: 1. A review of title and deed history records; 2. An examination of other public records, including aerial photographs, that may contain relevant environmental information; 3. Governmental agency review (NYSDEC, City of Rochester, MCDOH, etc.); 4. An inspection of the property and observation of adjacent properties; and

Ordinance No. 2003-142 (Int. No. 168) 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: $1.20 per 1,000 gallons. Section 2. This ordinance shall take effect on July 1, 2003. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-143 Re: Agreements - Environmental Site Assessments R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation authorizing professional service agreements with the following companies for environmental assessments, investigations, and remedial phase services: Company

Day Environmental, Inc. Street LaBella Associates Leader Professional Services, Inc. Lu Engineers Larsen Engineers Sear Brown Group Bergmann Associates

Address

5. The preparation of a report with recommendations based on the findings. If requested by the City, additional Phase II investigation and environmental engineering and remedial services will be provided which may include the following: 1. The performance of subsurface soil and groundwater testing; 2. The collection and analysis of wastes, soil, and groundwater samples; 3. Identification of remedial options; and 4. The preparation of a report documenting findings and recommendations. The City routinely performs site assessments prior to acquiring commercial and industrial properties. The most recent agreements for these assessments with Bergmann Associates, Clough Harbour Associates (CHA), Day Environmental, Larsen Engineers and Sear Brown were authorized by the City Council on January 20, 2000. In anticipation of the expiration of these agreements, the Department of Environmental Services solicited proposals from eight companies, all of which responded. We are recommending agreements with seven of those firms. Under the agreements, whenever various departments require environmental assessment, environmental testing, or environmental remediation professional services, proposals from one or more of these companies will be requested. The selection of a specific company will depend upon the type of environmental

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TUESDAY, MAY 13, 2003 investigation required, its ability to meet the Cityʼs schedule, and the quality and cost of its proposal. The volume of projects will depend on the needs of departments that are planning to acquire property requiring assessment and testing. The cost of the project-specific proposals will be based on the unit prices specified in each companyʼs proposal. Each of the agreements will have an initial term of one year with provisions for renewal for an additional one-year period based on mutual written agreement. Adjustment to the specific unit prices during the second year will be permitted subject to the Cityʼs approval. It is anticipated that at the expiration of the agreements, requests for proposals for environmental site assessment and remediation services will be issued to local environmental consultants for new agreements. Respectfully submitted, William A. Johnson, Jr. Mayor

Re: Adopt-A-Block Agreements R2010: Campaign 1 - Involved Citizens Transmitted herewith for your approval is legislation increasing the 2003-04 Adopt-A-Block Program by authorizing additional agreements with four organizations for the maintenance of seven areas. These agreements will be financed from the Improve the Housing Stock and General Property conditions allocations of the 1996-97, 1999-00, and 2000-01 Community Development Block Grant Programs. On April 8, 2003, Council authorized the appropriation of $213,650 from the Improve the Housing Stock and General Property Conditions Allocation of the 2003-04 Community Development Program to fund agreements with various organizations for the maintenance of 25 areas under the 2003-04 AdoptA-Block program. The proposed legislation will increase the number of areas to 32, and will be funded by reappropriating the above-referenced Block Grant funds from prior years. A summary of the proposed increases follows:

Ordinance No. 2003-143 (Int. No. 169) Authorizing Agreements For Environmental Site Assessments 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 environmental site assessments as required by the City: Company Day Environmental, Inc. LaBella Associates Leader Professional Services, Inc. Lu Engineers Larsen Engineers The Sear Brown Group Bergmann Associates Plaza

Address 40 Commercial Street 300 State Street 640 Kreag Road 2230 Penfield Road 700 West Metro Park 85 Metro Park 200 First Federal

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 an assessment to be performed on an as needed basis, and shall establish a unit price to be paid for a particular assessment. The unit price may be adjusted during the renewal year with the approval of the City Engineer. The cost of said assessment 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. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-144

Organization

Original

Proposed

Variance

West Main Business Association $42,730 $42,730 $ 0 Coalition of Northeast Associations 17,092 34,184 17,092 ISLA 17,092 34,184 17,092 North East Block Club Alliance 17,092 17,092 0 South East Area Coalition 17,092 17,092 0 Calvary Saint Andrews Parish 17,092 17,092 0 Lyell Avenue Revitalization Committee 17,092 34,184 17,092 Southwest Area Neighborhood Association 17,092 17,092 0 Catholic Family Center Francis Center 8,546 8,546 0 Community Place of Greater Rochester 8,546 8,546 0 Montgomery 8,546 8,546 0 Portland Avenue Business Association 8,546 8,546 0 Maplewood Business Association 8,546 8,546 0 Holy Rosary Church 8,546 17,092 8,546 Total $213,650 $273,472 $59,822 Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-144 (Int. No. 180) Authorizing Amendatory Agreements For The Adopt-A-Block Program And Amending Ordinances BE IT ORDAINED, by the Council of the City of Rochester as follows:

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Section 1. The Mayor is hereby authorized to enter into amendatory agreements with the following organizations under the Adopt-A-Block Program: Organization Coalition of Northeast Associations (CONEA) ISLA Lyell Area Revitalization Committee (LARC) Holy Rosary Church

Amount $17,092 17,092 17,092 8,546

Section 2. The amendatory agreements authorized herein shall obligate the City to pay an amount not to exceed $59,822, and of said amount, or so much thereof as may be necessary, $9,320 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 199697 Community Development Program, $35,467 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 1999-2000 Community Development Program and $15,035 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2000-01 Community Development Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2001-84, relating to the Adopt-A-Block Program, is hereby amended by reducing the amount authorized and appropriated therein from the 2000-01 Community Development Program by the sum of $15,035, which amount is reappropriated in Section 2 hereof. Section 5. Ordinance No. 2000-101, relating to the Adopt-A-Block Program, is hereby amended by reducing the amount authorized and appropriated therein from the 1999-2000 Community Development Program by the sum of $35,467, which amount is reappropriated in Section 2 hereof. Section 6. Ordinance No. 97-156, relating to the Adopt-A-Block Program, is hereby amended by reducing the amount authorized and appropriated therein from the 1996-97 Community Development Program by the sum of $9,320, which amount is reappropriated in Section 2 hereof. Section 7. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Griswold abstained vote because she is an employee of one of the affiliating agencies. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-145 Re: Genesee Riverway Trail - Neighborhood Connections Project R2010: Campaign 9 - Healthy Urban Neighborhoods

Transmitted herewith for your approval is legislation authorizing: 1. the receipt of $10,000 from the Genesee Transportation Councilʼs Priority Trails Advancement Funding Program for partial funding of the Neighborhood Trail Connections Project and amending the 2002-03 Cash Capital allocation to reflect receipt and use of this grant; 2. cancellation of a prior ordinance that authorized an agreement with GTC for this project; and 3. a design agreement with FRA Engineering, 245 Summit Point Drive, Henrietta, NY 14467 to perform the project at a maximum cost of $30,000, which will be funded from the abovereferenced grant and the 2000-01 Cash Capital allocation. The Neighborhood Trail Connections Project will create trail access for the Edgerton and South Wedge neighborhoods to the Genesee Riverway Trail. On November 19, 2002, City Council authorized $15,000 for participation in a five-municipality project being conducted by the Genesee Transportation Council. That legislation authorized a City allocation for similar designated design work. Since that time, it has been learned that there are incompatibilities between the standard contract language that the City requires and that which GTC requires. Accordingly, the City will proceed with the project directly. A request for proposal was issued via the NYS Contract Reporter. An assessment of the seven submissions responding to the project specifications resulted in the recommendation of FRA Engineering. Neighborhood connections to our trail system are a significant objective within the Regional Trails Initiative. This agreement will provide for the planning process necessary to carry out the actual construction of the connectors for which City Cash Capital funds ($150,000) are identified. The Edgerton Neighborhood connector would utilize the former Hastings Street right-of-way to create a trail that would link with the Genesee Riverway Trail at the Lower Falls. The South Wedge Neighborhood connector would create a trail from the Mt Hope Avenue - South Avenue junction to the east bank of the Genesee Riverway Trail. This would also add a much-needed route to Downtown for the residents of the South Wedge. The concept planning and necessary schematics would be completed in time for the Summer 2003 construction season. The planning for the trail connectors will provide solid quality of life enhancements for both of these neighborhoods. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-145 (Int. No. 181) Authorizing Agreements For The Genesee Riverway Trail And Amending The 2002-03 Budget And Repealing Ordinance No. 2002-364 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter

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TUESDAY, MAY 13, 2003 into an agreement with the Genesee Transportation Council for funding under the Priority Trails Advancement Funding Program for the Neighborhood Trails Connection Project of the Genesee Riverway Trail. Section 2. The sum of $30,000, 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 FRA Engineering, P.C. for design services for the Neighborhood Trails Connection Project of the Genesee Riverway Trail. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $10,000 shall be funded from the 2002-03 Cash Capital Allocation and $20,000 shall be funded from the 2000-01 Cash Capital Allocation. Section 3. Ordinance No. 2002-194, the 2002-03 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 $10,000, which amount is hereby appropriated from Priority Trails Advancement Funding Program Funds to be received under the agreement authorized in Section 1. Section 4. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. Ordinance No. 2002-364, relating to the Neighborhood Trails Connection Project of the Genesee Riverway Trail, is hereby repealed. Section 6. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-146 Re: Commercial Street Abandonment

Commercial Street, remained as right-of-way for the purpose of providing short-term parking and a dropoff area for the visitors to the overlook terrace. The abandonment of that area will allow the Festival Site to be secured from 11:00 p.m. to 6:00 a.m. when it is not being used for festival/event purposes. The secluded character of the site makes it difficult to prevent vandalism and other incidents that occur there during the late night and early morning hours. Upon abandonment of the 16,497 square foot area, a majority of the land would revert to City ownership, with 2,640 square feet reverting to the ownership of New York Central Lines, LLC. The City will acquire the New York Central Lines parcel by purchase, lease, or if necessary, condemnation, for its appraised value of $5,300. The acquisition will be financed from the 2001-02 Cash Capital Allocation of the Economic Development Department for Acquisition and Demolition. Easements in the abandoned area will be provided to the Rochester Pure Waters District, Rochester Gas & Electric Corporation (including access to the RG&E #2 Rack House), Frontier Communications, and Time Warner. An easement will also be provided to the High Falls Development Corporation for access to the private property at 4-18 Commercial Street. The original agreement with the High Falls Development Corporation for lease of the site for parking was authorized by the Council on October 14, 1997. On November 10, 1998, Council approved an amendment to the Official Map relating to the development of the Festival Site. The ordinance approved dedication of a parcel for public right-of-way and the abandonment of a portion of Commercial Street. The ordinance also approved an amendment to the lease with the High Falls Development Corporation to reflect the increase in the lot size resulting from the abandonment.

R2010: Campaign 6 - Economic Vitality Campaign 10 - Center City

The proposed amendatory agreement will reflect the additional increase in the size of the site and the increase in available parking spaces from 66 to 87. The High Falls Development Corporation will assume all maintenance responsibilities for the additional area.

Transmitted herewith for your approval is legislation relating to abandonment of a portion of Commercial Street, adjacent to the City Festival Site in the High Falls Entertainment District. The legislation will authorize:

The street abandonment was considered by the Planning Commission at its meeting on March 24. By a vote of 5-0, the Commission recommended approval of the abandonment; copies of the minutes of that meeting are attached.

1. An amendment to the Official Map that abandons a portion of Commercial Street;

No changes to the abandoned area will be made except for the installation of a fence/gate to prohibit access as specified. The fence/gate will be subject to a Certificate of Appropriateness from the Rochester Preservation Board. A mechanism will be implemented to allow 24-hour access to the site for emergency and easement access.

2. Acquisition by purchase, lease, or if necessary, condemnation of a portion of the abandoned area; 3. Various easements to the High Falls Development Corp. and local utility companies; and 4. An amendatory agreement with the High Falls Development Corporation for lease of additional land for parking. In 1999, improvements at 40 Commercial Street (including the overlook terrace) and a portion of the Commercial Street right-of-way were completed for the Cityʼs Festival Site in the High Falls District. During non-festival/event times, 40 Commercial Street is used for parking for tenants of the High Falls Building at 4-18 Commercial Street. The western portion of the Festival Site, between Browns Race Street and 40

The abandoned area will function in the same manner as it does today, allowing for pedestrian and vehicular access to the site and overlook terrace. The handicapped parking spaces will be maintained for the public for convenient access to the overlook terrace. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-64

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TUESDAY, MAY 13, 2003 Ordinance No. 2003-146 (Int. No. 170)

Abandonment Of A Portion Of Commercial Street And Approving An Acquisition By Negotiation Or Condemnation, Easements And Amendatory Lease 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 parcel, heretofore dedicated to street purposes and constituting a portion of Commercial Street: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and being particularly bounded and described as follows: Beginning at a point on the southerly street line of Commercial Street at itʼs intersection of the westerly line of lands owned now or formerly by the City of Rochester as per a deed recorded in the Monroe County Clerkʼs Office on July 3, 2001 and filed in Liber 9480 of deeds at page 488.

have prevented completion. Upon acceptance of the certification, the City Engineer shall file a letter with the City Clerk stating that the conditions have been met and the abandonment shall be effective. Section 3. The Council hereby approves the granting of easements to the Rochester Pure Waters District, Rochester Gas & Electric Corporation, Frontier Communications, Time Warner and the High Falls Development Corporation and other necessary parties for the maintenance of existing utilities and access to property. Section 4. The Council hereby approves the acquisition by the City of the portion of the abandonment area reverting to New York Central Lines, LLC, for the sum of $5,300. Said amount shall be funded from the 2001-02 Cash Capital Allocation. If said parcel cannot be acquired at present, the Council approves the lease of said parcel at rent to be approved by the Director of Real Estate. Section 5. In the event that said parcel cannot be acquired by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings for the acquisition of said parcel.

Said part being the southwest corner of Lot R-1 as shown on a resubdivision map of the Gorsline Building as filed in the Monroe County Clerkʼs Office in Liber 313 of maps at page 94;

Section 6. The Mayor is hereby further authorized to enter into an amendatory lease agreement with High Falls Development Corporation which will expand the boundaries of the public parking lot operated at Commercial Street.

Thence 1) S 62° 46ʼ 15” W along the southerly line of Commercial Street a distance of 128.82 feet to a point;

Section 7. The easements and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Thence 2) N 27° 13ʼ 45” W a distance of 88.89 feet to the northerly line of Commercial Street;

Section 8. This ordinance shall take effect immediately.

Thence 3) N 25° 05ʼ 56” E along the northerly line of Commercial Street a distance of 90.73 feet to an angle point;

TO THE COUNCIL: Ladies and Gentlemen:

Passed unanimously.

Thence 4) N 66° 30ʼ 00” E continuing along the northerly line of Commercial Street a distance of 57.13 feet to a point;

Local Improvement Ordinance No. 1519 Re: Special Assessment District Parking Lots

Thence 5) S 27° 13ʼ 45” E along the westerly line of said High Falls Development Corporationʼs lands a distance of 140.62 feet to the point or place of beginning.

R2010: Campaign 9 - Healthy Urban Neighborhoods

Section 2. The abandonment authorized herein shall take effect upon compliance by the applicant with the following conditions: a. Acquisition by the City of a parcel within the abandonment area which will revert to New York Central Lines, LLC, or the lease of said parcel; b. The execution and filing of necessary easements for utilities and access; and c. The conditions shall be met within six months of the adoption of this ordinance by the applicant filing a written certification with the City Engineer, containing information satisfactory to the City Engineer. The City Engineer may extend this period for an additional twelve months if the applicant has made a good faith effort and circumstances beyond the applicantʼs control

Transmitted herewith for your approval is legislation relating to seven neighborhood commercial and/or residential parking areas. This legislation will approve the assessments and appropriate a total of $65,884.26 for the operation and maintenance of the parking areas during 2003-04. Special Assessment Districts for those areas were established by the City Council pursuant to Resolutions 79-15, 79-16 and 79-47. Under the provisions of these resolutions, the annual operating and maintenance costs of the areas are assessed against all properties within the district according to their respective parking space requirements. The assessments reflect the costs 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 assessments required and the total appropriations

Page 161

TUESDAY, MAY 13, 2003 available for the Fiscal Year 2003-04 and any balances remaining from the assessments of prior years are as follows: Parking Lot Assessments July 1, 2003 $60,800.00 Unused Assessment - Prior Years 5,084.26 Total $65,884.26

A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-65 Local Improvement Ordinance No. 1519 (Int. No. 171) 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 appropriated from the Care and Embellishment Fund for the operation and maintenance of parking areas and neighborhood commercial or residential parking lots during 2003-04: LIO Unused Assessments From Prior Years

Culver-Merchants 1357 $29,100.00 $ -0Monroe Avenue 1441 14,500.00 1,000.00 Parker Place 1489 3,000.00 -0South Avenue 1468 -01,650.00 Wadsworth Square 1416 -02,434.26 North Street 1258 7,000.00 -0-

1382

7,200.00

Section 2. This ordinance shall take effect on July 1, 2003. Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9.

A summary of the Special Assessment District Charges is attached.

New Assessments

-0-

Passed by the following vote:

There are two districts for which no assessments are imposed for 2003-04. For the Wadsworth Square Assessment District, the parking area is leased to Ralph Parking, Inc. and under the terms of the lease agreement, Ralph Parking supplies necessary maintenance and operation and parking privileges at no charge to assessment district residents. Similarly, no assessments will be imposed for 2003-04 upon the properties included in the South Avenue Assessment District because there are enough unused assessment balances to cover the upcoming year. Any unused assessments from prior years for the Wadsworth Square Assessment District will be applied toward future capital improvement expenditures associated with this parking lot.

Parking Area

Lyell Avenue 7,200.00

Total Amount $29,100.00 15,500.00 3,000.00 1,650.00 2,434.26 7,000.00

Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1520 Re: 2003-04 Downtown Enhancement District Budget R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation approving the 2003-04 budget of the Downtown Enhancement District and authorizing the apportionment of the budget costs among the various properties in the District. The District was originally authorized by the City Council on May 16, 1989 and was reauthorized on May 10, 1994 and again on May 11, 1999. It is designed to provide a special or enhanced level of care and maintenance in the downtown area. Under the authorizing legislation, the annual budget for the district may not exceed the base (1989) amount “...increased annually, in a cumulative manner, by the Consumer Price Index....” unless a higher amount is specifically recommended by the district advisory council. The maximum permissible budget for 2003-04 based upon the 14-year cumulative increase in the CPI (48.6%) is $594,400. The recommended budget is $510,100, which is $12,600 (2.5%) higher than the 2002-03 amount. Category of Expense 2002-03

Proposed 2003-04

Salaries & Wages $334,600 $349,900 Employee Benefits 55,300 56,000 Personal Services 389,900 405,900 Materials & Supplies 82,600 78,400 Contractual Services 30,000 33,400 Operational Expense 502,500 517,700 Less Operating Revenues (15,000) (18,000) Required Assessments 487,500 499,700 Reserve for Uncollected Accounts 10,000 10,400 Total $497,500 $510,100

Variance $15,300 700 16,000 4,200 3,400 15,200 (3,000) 12,200 400 $12,600

The increase in the allocation for salaries and wages reflects a 2.75% negotiated wage settlement with Local 1635 of the American Federation of State, County and Municipal Employees. This wage settle-

Page 162

TUESDAY, MAY 13, 2003

ment accounts for virtually all of the operating budget increase. An increase in contracted services was more than offset by decreases in material costs. The Enhancement District Committee approved the proposed budget by a vote of 5 to 0 on March 2, 2003. The budget costs will continue to be allocated among the properties within the district in accordance with a two-factor, two-zone formula. With respect to factors, 50% will be allocated based upon the assessed valuation of a property, while 50% will be allocated based upon its gross area. With respect to zones, the allocation factors of properties directly on Main Street or with direct access to Main Street via the enclosed walkway system and within the primary district boundaries will be “weighed” at twice the factors of all other properties. All parking lots and garages, regardless of location, will be included in the latter category. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-66 Local Improvement Ordinance No. 1520 (Int. No. 172)

Administration to finance the Federal share of the project; 2. Appropriate $987,000 from anticipated reimbursements from the State of New York to finance the Stateʼs share of the project; 3. Authorize the issuance of bonds totaling $575,000 and appropriate the proceeds thereof to finance the residual costs of street improvements; 4. Authorize the issuance of bonds totaling $1,361,000 and appropriate the proceeds thereof to finance the residual costs of the water improvements; 5. Authorize a professional service agreement with Dewberry-Goodkind, Inc., 183 East Main Street, for resident project representation services at a maximum cost of $890,000; 6. Authorize the acquisition, by negotiation or condemnation, of one property required for the construction of a temporary parking lot as part of the Chili Avenue Improvement Project; and 7. Authorize an Official Map Amendment by dedicating lands previously authorized by City Council for acquisition as additional public right-of-way.

Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements

Previous legislation for the Chili Avenue Improvement Project includes:

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

Ordinance No. Description

Section 1. The cost of the special work and services for the 2003-04 fiscal year for the Downtown Enhancement District is established at $510,100. Said amount shall be allocated and levied in accordance with Local Improvement Ordinance No. 1291, as continued by Local Improvement Ordinance No. 1355 and Local Improvement Ordinance No. 1444.

2000-66 March 21, 2000 Authorization to Administer Project 2001-236 July 17, 2001 Authorize Design Agreement with Goodkind & OʼDea, Inc. 2002-207 June 18, 2002 Authorize Pavement Width Changes 2003-015 January 14, 2003 Authorize Pavement Width Changes 2003-111 April 8, 2003 Authorize Amendatory Design Agreement, Funding Appropriations, and Right-Of-Way Acquisitions

Section 2. This ordinance shall take effect on July 1, 2003. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2003-147, 2003-148, 2003-149, 2003-150, And Introductory No. 186 Re: Chili Avenue Improvement Project (Canal Bridge to W. Main Street) R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Chili Avenue Improvement Project. This legislation will: 1. Appropriate $5,263,000 from anticipated reimbursements from the Federal Highway

Date Approved

The project includes pavement reconstruction, new stone curbing, new concrete sidewalks, driveway apron replacements, parking lot construction, hydrant and water service upgrades and partial water main replacement, drainage improvements, street lighting upgrades, pavement markings and signalized intersection improvements, and landscaping improvements. Bids for construction were received on April 15, 2003. The work will be performed by Villager Construction, at a cost of $6,298,290, which is 12% less than the engineerʼs estimate. An additional $1,053,710 will be allocated for contingencies, administration, and street lighting costs. Share Federal

Construction Contingency Inspection Total

$3,959,693 $559,537 State 742,443 104,913 City Streets 433,948 64,455

$743,770 $5,263,000 139,644 987,000 76,597 575,000

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TUESDAY, MAY 13, 2003 City Water MC Traffic Sewer Total

1,113,950 157,411 26,070 3,684 22,186 0

89,639 1,361,000 2,246 32,000 1,814 24,000

$6,298,290 $1,053,710 $890,000 $8,242,000

The Chili Avenue Project is a Federal/State aid project which is being administered by the City. Of the total amount, $5,263,000 will be financed by the Federal government. New York State will finance a portion ($987,000 ) of the non-Federal share under the Marchiselli Aid Program. The City will finance the remaining non-Federal share and betterments with General and Water debt. The local share of the proposed sewer improvements will be financed from the proceeds of the City sewer bond authorized by Council on March 19, 2002. The local share of the traffic related improvements will be financed by reimbursements from Monroe County. Dewberry-Goodkind, Inc. was chosen for resident project representation services because of the firmʼs familiarity with the project and the quality of the team assigned to the project. A Federal/State eligible temporary off-street parking lot is proposed to be constructed on land to be acquired by the City as part of the Chili Avenue project to mitigate a loss of parking caused by construction of the project. Address: 578 Chili Avenue Owner: Salahuddin Malik Appraised Value: $20,000

William A. Johnson, Jr. Mayor Attachment No. AC-67 Ordinance No. 2003-147 (Int. No. 183) Establishing Maximum Compensation For A Professional Services Agreement For The Chili Avenue Improvement Project And Appropriating Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $890,000, 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 Dewberry-Goodkind, Inc., for resident project representation services for the Chili Avenue Improvement Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $64,455 shall be funded from a bond ordinance adopted for street improvements, $157,411 shall be funded from a bond ordinance adopted for water main improvements, $559,537 shall be funded from the appropriation made in Section 2, $104,913 shall be funded from the appropriation made in Section 3 and $3,684 shall be funded from anticipated reimbursements from the County of Monroe. Section 2. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $5,263,000, or so much thereof as may be necessary, to fund the Chili Avenue Improvement Project. Section 3. There is hereby appropriated from anticipated reimbursements from the State of New York the sum of $987,000, or so much thereof as may be necessary, to fund the Chili Avenue Improvement Project.

The acquisition values have been determined by an independent appraisal performed by Robert G. Pogel, SRPA. The total cost of appraisal, acquisition and closing costs for this property is estimated to be $25,000 and will be funded through proceeds of the above requested Gateway Bonding authorization. Portions of the Gateway bond will also be used to finance the cost of the non-aidable aesthetic improvements to the parking lot; the local share (5%) of aideligible gateway improvements through the project area; and the non-aid eligible gateway node being constructed at the City line.

Section 4. This ordinance shall take effect immediately.

Upon completion of the street reconstruction, it is anticipated that the temporary parking lot will be converted to a permanent neighborhood commercial parking lot providing nine spaces. Subsequent to the completion of the project, legislation will be submitted to Council to effect such a permanent lot.

Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $575,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Chili Avenue Improvement Project

Finally, the proposed legislation will dedicate as rightof-way the 13 properties authorized by City Council for acquisition on April 8, along with a portion of 578 Chili Avenue. The City Planning Commission heard the request for the Official Map Amendment on April 28, 2003. A copy of the Commissionʼs recommendations will be forwarded to Council.

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

Public informational meetings were held on April 29 and December 10, 2002. Copies of these meeting minutes were previously forwarded. Public hearings are required on the acquisition of 578 Chili Avenue and the dedications. Respectfully submitted,

Passed unanimously. Ordinance No. 2003-148 (Int. No. 184)

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 the construction and reconstruction of certain streets as a part of the Chili Avenue (Canal Bridge-West Main 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 $5,657,000. The plan of financing includes the issuance of $575,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $4,279,000 from Federal Highway

Page 164 Administration reimbursements appropriated at this meeting and $803,000 from State of New York reimbursements appropriated at this meeting, 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 $575,000 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 1.1502. 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

TUESDAY, MAY 13, 2003 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. Ordinance No. 2003-149 (Int. No. 185) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,361,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To Chili Avenue 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 Chili Avenue (Canal Bridge-West Main Street) Improvement Project in the City. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,450,000. The plan of financing includes the issuance of $1,361,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $75,000 from Federal Highway Administration reimbursements appropriated at this meeting and $14,000 from State of New York reimbursements appropriated at this meeting, 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 $1,361,000 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

Page 165

TUESDAY, MAY 13, 2003 reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Ordinance, in the amount of $1,361,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2.

Passed by the following vote:

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.

Nays - None - 0.

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.

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Ordinance No. 2003-150 (Int. No. 187) Approving The Dedication Of Parcels For The Chili Avenue Improvement Project 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 parcels to street purposes and adding said parcels to Chili Avenue: Portion of 244 Chili Avenue All that tract or parcel of land containing 191± square feet (17.8± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Acquisition”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-19, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing northerly highway boundary of Chili Avenue (width varies), with the existing easterly street boundary of Appleton Street (50ʼ wide); thence N 25º29ʼ35” W, along said existing easterly street boundary, a distance of 26.12 feet (7.962 m) to a point; thence S 54º46ʼ41” E, a distance of 29.95 feet (9.129 m) to a point on the said existing northerly highway boundary; thence S 64º30ʼ25” W, along said existing southerly highway boundary, a distance of 14.65 feet (4.466 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 249 Chili Avenue All that tract or parcel of land containing 78± square feet (7.3± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Acquisition”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052SU-18, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing southerly highway boundary of Chili Avenue (width varies), with the existing westerly street boundary of Rugby Avenue (50ʼ wide); thence S 00º27ʼ55” E, along said existing easterly street boundary, a distance of 16.11 feet (4.911 m) to a point; thence

Page 166 N 40º31ʼ03” W, a distance of 15.12 feet (4.608 m) to a point on the said existing southerly highway boundary; thence N 64º30ʼ25” E, along said existing southerly highway boundary, a distance of 10.74 feet (3.272 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 305 Chili Avenue

TUESDAY, MAY 13, 2003 Portion of 554 Chili Avenue All that tract or parcel of land containing 580± square feet (53.9± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-13, and being more particularly bounded and described as follows:

All that tract or parcel of land containing 47 +/square feet (4.4 square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated June 25, 2002, and having drawing number 01052-SU-15, and being more particularly bounded and described as follows:

Beginning at the point of intersection of the existing northerly highway boundary of Chili Avenue (width varies), with the existing westerly street boundary of Gardiner Avenue (66ʼ wide); thence

Beginning at the point of the intersection of the existing southerly highway boundary of Chili Avenue (width varies), with the existing westerly street boundary of Normandy Avenue (50ʼ wide); thence

S 64º54ʼ20” W, a distance of 82.13 feet (25.033 m) to a point on the division line between the property of Daniel Homa & Ludomira Homa (reputed owners) on the east and the property of Campanella & Archibald Corp. (reputed owner) on the west; thence

S 00º 27ʼ 55” E, along the said street boundary, a distance of 10.28 feet (3.134 m) to a point; thence N 57º17ʼ39” W, a distance of 10.96 feet (3.341 m) to a point on said existing southerly highway boundary of Chili Avenue; thence N 64º30ʼ25” E, along said existing southerly highway boundary, a distance of 10.13 feet (3.086 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 532 Chili Avenue All that tract or parcel of land containing 252± square feet (23.5± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Acquisition”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated June 25, 2002, and having drawing number 01052-SU-14, and being more particularly bounded and described as follows:

N 01º02ʼ30” W, along the said street boundary, a distance of 7.73 feet (2.357 m) to a point; thence

S 01º02ʼ33” E, along said division line, a distance of 7.73 feet (2.357 m) to a point on said existing northerly highway boundary of Chili Avenue; thence N 64º54ʼ20” E, along said existing northerly highway boundary, a distance of 82.13 feet (25.033 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 556 Chili Avenue All that tract or parcel of land containing 530± square feet (49.2± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-12, and being more particularly bounded and described as follows:

Beginning at the point of intersection of the existing southerly highway boundary of Chili Avenue (width varies), with the existing easterly street boundary of Gardiner Avenue (66ʼ wide); thence

Beginning at a point on the existing northerly highway boundary of Chili Avenue (width varies), at its intersection with the division line between the property of Campanella & Archibald Corp. (reputed owner) on the east and the property of James White (reputed owner) on the west; thence

N 01º02ʼ30” W, along the said street boundary, a distance of 22.39 feet (6.825 m) to a point; thence

N 00º25ʼ11” W, along the said division line, a distance of 7.77 feet (2.368 m) to a point; thence

S 62º44ʼ58” E, a distance of 25.62 feet (7.810 m) to a point on said existing northerly highway boundary of Chili Avenue; thence

N 64º54ʼ20” E, a distance of 74.99 feet (22.856 m) to a point on the division line between the property of Campanella & Archibald Corp. (reputed owner) on the west and the property of Daniel Homa & Ludomira Homa (reputed owners) on the east; thence

S 64º31ʼ50” E, along said existing northerly highway boundary, a distance of 24.78 feet (7.553 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record.

S 01º02ʼ33” E, along the last mentioned division line, a distance of 7.73 feet (2.357 m) to a point on said existing northerly highway boundary of

Page 167

TUESDAY, MAY 13, 2003 Chili Avenue; thence S 64º54ʼ20” W, along said existing northerly highway boundary, a distance of 75.08 feet (22.884 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 564 Chili Avenue All that tract or parcel of land containing 328± square feet (30.4± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-11, and being more particularly bounded and described as follows: Beginning at a point on the existing northerly highway boundary of Chili Avenue (width varies), at its intersection with the division line between the property of James White (reputed owner) on the east and the property of Charles Cutaia & Bonita J. Cutaia (reputed owners) on the west; thence N 00º25ʼ22” W, along the said division line, a distance of 7.77 feet (2.368 m) to a point; thence N 64º54ʼ20” E, a distance of 46.40 feet (14.143 meters) to a point on the division line between the property of James White (reputed owner) on the west and the property of Campanella & Archibald Corp. (reputed owner) on the east; thence S 00º25ʼ11” E, along the last mentioned division line, a distance of 7.77 feet (2.368 meters) to a point on said existing northerly highway boundary of Chili Avenue; thence S 64º54ʼ20” W, along said existing northerly highway boundary, a distance of 46.40 feet (14.143 meters) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 572 Chili Avenue All that tract or parcel of land containing 328± square feet (30.4± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-10, and being more particularly bounded and described as follows: Beginning at a point on the existing northerly highway boundary of Chili Avenue (width varies), at its intersection with the division line between the property of Charles Cutaia & Bonita J. Cutaia (reputed owners) on the east and the property of Perry E. Smith (reputed owner) on the west; thence N 00º25ʼ13” W, along the said division line, a distance of 7.77 feet (2.368 m) to a point; thence

N 64º54ʼ20” E, a distance of 46.41 feet (14.146 m) to a point on the division line between the property of Charles Cutaia & Bonita J. Cutaia (reputed owners) on the west and the property of James White (reputed owner) on the east; thence S 00º25ʼ22” E, along the last mentioned division line, a distance of 7.77 feet (2.368 m) to a point on said existing northerly highway boundary of Chili Avenue; thence S 64º54ʼ20” W, along said existing northerly highway boundary, a distance of 46.41 feet (14.146 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 578 Chili Avenue All that tract or parcel of land containing 328± square feet (30.4± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Acquisition”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated September 3, 2002, and having drawing number 01052-SU-20, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing northerly highway boundary of Chili Avenue (width varies), with the existing easterly street boundary of Salina Street (50ʼ wide); thence N 00º25ʼ06” W, along said existing easterly street boundary, a distance of 7.77 feet (2.368 m) to a point; thence N 64º54ʼ20” E, a distance of 46.41 feet (14.146 m) to a point on the division line between the property of Perry E. Smith (reputed owner) on the west and the property of Charles Cutaia & Bonita J. Cutaia (reputed owners) on the east; thence S 00º25ʼ13” E, along the last mentioned division line, a distance of 7.77 feet (2.368 m) to a point on said existing northerly highway boundary of Chili Avenue; thence S 64º54ʼ20” W, along said existing northerly highway boundary, a distance of 46.41 feet (14.146 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 599 Chili Avenue All that tract or parcel of land containing 19± square feet (1.8± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 3, 2002, and having drawing number 01052-SU-9, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing southerly highway boundary of Chili Avenue (width varies), with the existing westerly street boundary of Salina Street (50ʼ wide);

Page 168 thence S 00º57ʼ29” E, along said existing westerly street boundary, a distance of 6.47 feet (1.972 m) to a point; thence N 57º48ʼ46” W, a distance of 7.02 feet (2.139 m) to a point on the said existing southerly highway boundary; thence N 64º54ʼ20” E, along said existing southerly highway boundary, a distance of 6.44 feet (1.963 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 647 Chili Avenue All that tract or parcel of land containing 457± square feet (42.4± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052-SU-8, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing southerly highway boundary of Chili Avenue (width varies), with the existing easterly street boundary of Turner Street (50ʼ wide); thence S 00º48ʼ42” E, along said existing easterly street boundary, a distance of 115.00 feet (35.052 m) to a point; thence N 88º54ʼ03” E, a distance of 3.94 feet (1.201 m) to a point; thence N 00º48ʼ42” W, a distance of 116.76 feet (35.588 m) to a point on the said existing southerly highway boundary; thence S 64º54ʼ20” W, along said existing southerly highway boundary, a distance of 4.32 feet (1.317 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 733 Chili Avenue All that tract or parcel of land containing 107± square feet (9.9± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 3, 2002, and having drawing number 01052-SU-7, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing southerly highway boundary of Chili Avenue (width varies), and the existing westerly street boundary of Westgate Terrace (50ʼ wide); thence S 00º26ʼ38” E, along said existing westerly street boundary, a distance of 14.38 feet (4.384 m) to a point; thence N 63º22ʼ18” W, a distance of 16.68 feet (5.083

TUESDAY, MAY 13, 2003 m) to a point on said existing southerly highway boundary; thence N 64º58ʼ19” E, along said existing southerly highway boundary, a distance of 16.33 feet (4.977 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 930 Chili Avenue All that tract or parcel of land containing 84± square feet (7.8± square meters), more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Easement”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated June 25, 2002, and having drawing number 01052-SU-5, and being more particularly bounded and described as follows: Beginning at the point of intersection of the existing northerly highway boundary of Chili Avenue (width varies), with the existing westerly street boundary of Fessenden Street (60 feet wide); thence N 25º46ʼ35” W, along said existing westerly street boundary, a distance of 12.69 feet (3.868 m) to a point; thence S 20º34ʼ10” W, a distance of 18.38 feet (5.604 m) to a point on the said existing northerly highway boundary; thence N 64º13ʼ25” E, along said existing northerly highway boundary, a distance of 13.30 feet (4.054 m) to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Portion of 1100 Chili Avenue All that tract or parcel of land containing 872± square feet (81.0± square meters) situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Proposed Acquisition”, prepared by Fisher Associates, P.E., L.S., P.C., of Rochester, New York, dated August 27, 2002, and having drawing number 01052SU-17B, being more particularly bounded and described as follows: Commencing at a point on the existing easterly street boundary of Cairn Street (49.5ʼ wide) at its intersection with the division line between the property of Hess Oil & Chemical Corp. (reputed owner) on the north and New York State Department of Transportation (reputed owner) on the south, thence N 59º03ʼ13” E, along the said division line, a distance of 20.25 feet (6.172 m) to the Point Of Beginning, thence S 30º56ʼ47” E, continuing along the said division line, a distance of 27.57 feet (8.403 m) to a point; thence continuing along the said division line, along a curve to the left having a delta angle of 88º40ʼ15”, radius of 25.00 feet (7.620 m) and a length of 38.69 feet (11.793 m) to a point; thence N 60º22ʼ23” E, continuing along the said division line, a distance of 14.02 feet (4.274 m) to a point; thence N 66º57ʼ25” W, a distance of 65.38 feet (19.928 m) to the Point or Place of Beginning.

Page 169

TUESDAY, MAY 13, 2003 Subject to any easements or encumbrances of record. Section 2. This ordinance shall take effect upon acquisition of said parcels by the City. Passed unanimously. Councilmember Stevenson moved to return Introductory No. 186 to committee. The motion was seconded by Councilmember Mains. The motion was adopted unanimously. Introductory No. 186 APPROVING THE ACQUISITION OF 578 CHILI AVENUE BY NEGOTIATION OR CONDEMNATION AS A PART OF THE CHILI AVENUE IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of 578 Chili Avenue, SBL #120.55-3-18, reputed owner Salahuddin Malik, for the sum of $20,000, for construction of a temporary off-street parking lot as a part of the Chili Avenue Improvement Project. Section 2. The acquisition, appraisal and closing costs shall obligate the City to pay an amount not to exceed $25,000, and said amount, or so much thereof as may be necessary, shall be funded from a bond ordinance adopted for gateway improvements. Section 3. In the event that said property cannot be obtained by negotiation, the Corporation Counsel is hereby authorized to commence condemnation proceedings to obtain said property. Section 4. City taxes and other current-year charges against said parcel shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current-year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcel, shall also be canceled. Section 5. This ordinance shall take effect immediately. Item held. By Councilmember Douglas May 13, 2003 To the Council: The Finance & Public Safety Committee recommends for adoption the following entitled legislation: Int. No. 173 - Approving Apportionment Of Taxes And Charges Int. No. 174 - Amending The 2002-03 Budget Of The Rochester Fire Department Int. No. 175 - Establishing Maximum Compensation For A Professional Services Agreement For Additional Audit Services

Int. No. 176 - Bond Ordinance Of The City Of Rochester, New York, Authorizing Issuance Of $75,000 Bonds Of Said City, To Finance The Costs Of The Replacement Of Structural Flooring In The Hudson Avenue Fire Facility Within The City Int. No. 178 - Amending The 2002-03 Budget By Appropriating Forfeiture Funds For The Rochester Police Department Int. No. 189 - Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2003 Assessment Roll Int. No. 190 - Determining And Certifying Base Proportions, Current Percentages, And Base Percentages For The 2003 Assessment Roll The Finance & Public Safety Committee recommends for consideration the following entitled legislation: Int. No. 177 - Authorizing An Agreement For Operation Of The Sister Cities, Genesee Crossroads And Court Street Parking Garages Respectfully submitted, Benjamin L. Douglas Brian F. Curran Robert J. Stevenson Gladys Santiago FINANCE & PUBLIC SAFETY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-151 Re: Apportionment of Taxes and Charges R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the apportionment of taxes and charges for 46 properties. This apportionment has been certified by the Assessor and is authorized by §6-78 of the City Charter. The apportionment consists of City and School taxes and special district charges on properties subdivided or combined in 2002-03. These taxes and charges, which total $258,352.08, 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 2003 tax bills of the new accounts. Owners of the subdivided or combined properties will be notified in writing of the potential charges in May 2003. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-151 (Int. No. 174) Approving Apportionment Of Taxes And Charges BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the apportionment of taxes and charges upon various parcels

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TUESDAY, MAY 13, 2003

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 9, 2003, in accordance with the list which is on file in the Office of the City Clerk. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2003-153 Re: Amendment - Deloitte & Touche LLP

TO THE COUNCIL: Ladies and Gentleman:

R2010: Campaign 7 - Quality Service

Ordinance No. 2003-152 Re: Budget Amendment - Fire Department R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation increasing the 2002-03 Budget of the Fire Department by transferring $114,000 from the Emergency Medical Training Fund to finance the acquisition of an enhancement to the current personnel accountability system being used by the Department. The G.E.M. T-Pass 3 Evacuate System, a product of Grace Industries, will allow an on-site Incident Manager or Accountability Officer to know of a PASS alarm activation, identify the firefighter(s) involved and to notify personnel of evacuation orders. The “Employee Monitoring System” control console will provide real-time accountability so that the Incident Command System may maintain an accurate census of all personnel within a particular hazard zone. The budget for this project is: Micro Repeater (for use in high-rise buildings) T-3 Command Base T-Pass 3 (Transceiving NFPA Compliant Pass to be worn by each firefighter) Total

Section 2. This ordinance shall take effect immediately.

4 units 1 unit

$

2,000 7,000

140 units

105,000 $114,000

The appropriation increase will be financed from the Emergency Medical Training Fund. This fund, which contains reimbursements from New York State for emergency medical training for firefighters, presently has an accumulated balance of $116,132. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-152 (Int. No. 174) Amending The 2002-03 Budget Of The Rochester Fire Department BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 200203 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Fire Department by the sum of $114,000, which amount is hereby appropriated from the Emergency Medical Training Fund to fund personnel accountability enhancements.

Transmitted herewith for your consideration is an amendment to a prior ordinance that authorized a contract with Deloitte & Touche LLP for the performance of audits for the City and City School District for fiscal years ending June 30, 2003, 2004, 2005, 2006, and 2007. This proposed amendment will specifically authorize the performance of the Cultural Center Commission audit and the expenditure of amount not to exceed $50,000 for additional accounting services as needed at an hourly rate ranging from $90 to $102. As you will recall, on March 11, City Council approved a five-year agreement with Deloitte & Touche for the conduct of the annual audits of the City and City School District, as well as the audits of REDCO, the Economic Development Zone, and the Cultural Center Commission. While the transmittal letter accompanying that item indicated that Deloitte & Touche would also concurrently be engaged to perform the audits of those other agencies, the specific authorization was inadvertently omitted from the legislation. Because the Cultural Commission audit is paid directly by the City, it is necessary to provide such specific authority for that expenditure. A total of $63,500 of City funds for the five-year audit period is required. The Cultural Commission audit work will be 50% reimbursed by the County. In addition, as part of the engagement, the request for proposal indicated that the successful firm would be engaged to provide additional services, if required, at an hourly rate, with total compensation not to exceed $50,000. The cost of these services will be charged to the department requesting the service. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-153 (Int. No. 175) Establishing Maximum Compensation For A Professional Services Agreement For Additional Audit Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $63,500, 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 Deloitte & Touche LLP for annual independent audits of the financial statements of the Cultural Center Commission, for a term of three years, with provision for two one-year renewals. Said amount shall be funded from the 200304 and subsequent Budgets of the City, contingent

TUESDAY, MAY 13, 2003 upon approval of said budgets. Section 2. 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 Deloitte & Touche LLP for special audits and/or services as requested by the City, for a term of three years, with provision for two one-year renewals. Said amount shall be funded from the 2003-04 and subsequent Budgets of the City, contingent upon approval of said budgets. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-154 Re: Hudson Avenue Firehouse Floor Replacement R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation related to the Hudson Firehouse Structural Floor Replacement Project. This legislation will authorize the issuance of bonds totaling $75,000 and the appropriation of the proceeds thereof to finance the cost of construction of the project. On November 20, 2001, Council authorized the design of the Hudson Avenue Firehouse Structural Floor Replacement Project by Ravi Engineering & Land Surveying, P.C. The construction involves removal of the existing wood structure with concrete topping and the replacement of the floor slab with poured in place concrete and steel reinforcement. The work will also include the replacement of incandescent lighting with new energy efficient fluorescent lighting; the new floor will accommodate the new fire equipment loads. Bids for construction of the project were received on April 8. The apparent low bid of $64,440, which was submitted by GRH Architecture and Construction, is $20,000 under the architectʼs estimate. An additional 10% will be allocated for contingency. Construction is scheduled to begin in the Summer of 2003 and be completed in the Fall. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-68 Ordinance No. 2003-154 (Int. No. 176) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $75,000 Bonds Of Said City, To Finance The Costs Of The Replacement Of Structural Flooring In The Hudson Avenue Fire Facility 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 the cost of the replacement of structural flooring in the Hudson Avenue Fire Facility at 704 Hudson Avenue in the City of Rochester,

Page 171 New York (the “Project”). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $75,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $75,000 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 $75,000 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 $75,000. 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 11.00 a.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 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

Page 172 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-155 Re: Appropriation of Forfeiture Funds

TUESDAY, MAY 13, 2003 The undesignated balance in the Cityʼs forfeiture fund as of April 22, 2003 was $163,932.75. Previous appropriations from this fund in the current fiscal year included: $100,000 to augment expenditures for confidential funds and overtime in the Special Investigations Section; $20,000 for an agreement with Rochester Area Crimestoppers; $6,700 for training; and $57,000 for the purchase of less-lethal weapons. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-69 Ordinance No. 2003-155 (Int. No. 178) Amending The 2002-03 Budget By Appropriating Forfeiture Funds For The Rochester Police Department BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-194, the 200203 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 $18,000, which amount is hereby appropriated from funds realized from seized and forfeited assets to fund the Greater Rochester Area Narcotics Enforcement Team. Section 2. This ordinance shall take effect immediately. Passed unanimously.

R2010: Campaign 3 - Health, Safety and Responsibility

TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation authorizing the appropriation of $18,000 from forfeited property revenues and amending the 2002-03 Police Department budget by that amount to provide startup funds for the Greater Rochester Area Narcotics Enforcement Team (GRANET), for the period January 1 through June 30, 2003.

Ordinance No. 2003-156 And Ordinance No. 2003-157 Re: Tax Apportionment Assessment Classes

The mission of GRANET is to achieve maximum coordination and cooperation and bring to bear the combined resources of member agencies to investigate primarily mid- and upper-level narcotic related offenses in the greater Rochester/Monroe County area. GRANET will share in any properties or funds confiscated as a direct result of a criminal investigation initiated by GRANET, pursuant to forfeiture regulations of the United States Department of Justice and the Monroe County District Attorneyʼs Office. During its term of operation, GRANET will utilize asset forfeiture funds for operational expenses, including: communications, electronic surveillance, confidential funds and vehicle rentals for undercover operations, parking, supplies, and training. It is anticipated that GRANET will reimburse the funds advanced by the City for the startup costs authorized by this proposed legislation. Salaries and overtime for participants will be paid by each officerʼs respective agency. The proposed expenditures conform to the Attorney Generalʼs Guidelines for Seized and Forfeited Property (July 1990).

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 2002 data. The second is the calculation of the adjusted base proportions using 2002 and 2003 data. Both calculations are attached. The current base proportions, as calculated by the formula specified by Article l, are as follows: Homestead Non-Homestead Total

.4107719 .5892281 1.0000000

In comparison, the new adjusted base proportions are as follows:

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TUESDAY, MAY 13, 2003 Homestead Non-Homestead Total

.4061302 .5938698 1.0000000

These new proportions result in the following shifts in the share of the tax levy allocated in each class: Homestead Non-Homestead

-1.0% +0.7%

Respectfully submitted, William A. Johnson, Jr. Mayor

Homestead Class

Current base proportions 41.07719% Current percentage 59.52250% Base percentage 52.03550%

Non-Homestead Class 58.92281% 40.47750% 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. This ordinance shall take effect immediately. Passed unanimously.

Attachment No. AC-70 Ordinance No. 2003-156 (Int. No. 189) Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2003 Assessment Roll Section 1. Under Section 1063 of the Real Property Tax Law, the Council determines the adjusted base proportions, assessed value, and net change in assessed value for the Cityʼs 2003 assessment roll as follows: Homestead Class

Non-Homestead Class

Adjusted base proportion .4061302

.5938698

Taxable assessed value 2,799,446,159

1,881,811,914

Net change in assessed value from 2002 resulting from physical and quantity changes -1,067,900

+42,734,400

Net change in assessed value from 2002 resulting from other than physical and quantity changes -7,706,900

-39,957,255

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. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-157 (Int. No. 190) Determining and Certifying Base Proportions, Current Percentages, And Base Percentages For The 2003 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 Cityʼs 2003 assessment roll as follows:

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-158 Re: Agreement - Municipal Parking Garages R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing an agreement with the Ralph Parking Company, 120 East Main Street, for the operation of the Court Street, Genesee Crossroads, and Sister Cities parking garages. The Ralph Parking Company will operate the above-referenced garages and provide enhanced services that address customer satisfaction, quality maintenance assurance standards and security coverage. Private parking operators were solicited to re-submit proposals based on using revised criteria because of the Cityʼs anticipated budgetary constraints. The original Request for Proposals contained provisions whereby the City would be responsible for certain operating costs such as utilities, water and various assessment charges. However, upon completion of an evaluation of various budget scenarios for 200304, it was decided to issue a revised Request for Proposals that would require the operator to pay for all operating costs. On February 12, 2003, City Council authorized 90-day extensions of the current agreements for the Court Street and Sister Cities parking garages. The agreement for the Genesee Crossroads Garage already authorized such an extension, and the Administration exercised this option. Proposals from four companies were received with annual remittances of net revenue as follows: Current Net Revenue: Company Allright New York Parking, Inc. Proposed Net Revenue: Company Ralph Parking Co. Pro Park, LLC Ampco System Parking Allright New York Parking, Inc.

Estimated Percentage Net Revenue 45%

$1,027,098

Estimated Percentage Net Revenue 40.85% $1,072,700 30.58 829,753 28.68 767,507 28.50

702,932

The review criteria involved how well the proposal demonstrated enhancements to the proposed opera-

Page 174 tion of the parking garages and the annual financial return to the City. Under the agreement, Ralph Parking Company will provide full-time managers and all other personnel required for the operation of the parking garages, including cashiers, security guards and maintenance staff. The Ralph Parking Company will also be responsible for the costs of materials and supplies; maintaining service agreements on major equipment, which includes elevator services; insurance; a performance bond; all utility costs; Pure Water Capital Charges/Assessment; Downtown Enhancement District charges; and Downtown Guides charges for the parking garages. The agreement will have an initial term of two years with provisions for two additional one-year terms. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-71 Ordinance No. 2003-158 (Int. No. 177) Authorizing An Agreement For Operation Of The Sister Cities, Genesee Crossroads And Court Street Parking Garages 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 Ralph Parking Company for the operation of the Sister Cities, Genesee Crossroads and Court Street Parking Garages. Ralph shall provide full-time managers and all other personnel required for operation of the garages, including cashiers, security guards and maintenance staff. Ralph shall be responsible for the costs of materials and supplies, maintaining service agreements on major equipment including elevator services, insurances, a performance bond for the garages, all utility costs, Pure Waters capital charges/assessments, Downtown Enhancement District charges and Downtown Guides charges. The agreement shall be for a term of two years, with two additional options to renew for one-year terms. Section 2. The agreement shall obligate Ralph Parking Company to pay to the City 40.85% of the annual net revenue of the garages. 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. The meeting was adjourned at 9:15 P.M. CAROLEE A. CONKLIN City Clerk *****

TUESDAY, MAY 13, 2003

Page 175

FRIDAY, JUNE 6, 2003 - WEDNESDAY, JUNE 11, 2003 SPECIAL COUNCIL MEETING JUNE 6, 2003 Present - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson - 7. Absent - Councilmembers Mains, Thompson - 2. 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: Resolution No. 2003-14 Re: Home Rule Message - Genesee Valley Parkland Alienation R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is a home rule resolution relating to amended legislation that currently is being considered by the New York State Legislature. The legislation would amend the language of previously approved legislation regarding the parkland/open space alienation of a parcel within Genesee Valley Park. The alienation is required for the Brooks Landing development project, which will include an extended stay hotel and restaurant. The overall project will help to revitalize the Brooks/ Genesee neighborhood commercial area and will offer a unique tourist opportunity along the NYS Erie Canal system. On March 31, City Council held a Special Meeting to provide a Home Rule message in response to an amended version of the original bill that had been introduced in the Assembly. That house had scheduled a meeting on April 2 to discuss the amended bill and a Home Rule Message was a prerequisite for such action. Subsequently, it was learned that the Senate did not introduce their amended version of the bill until April 1. State law requires that a Home Rule Message be approved subsequent to the introduction of the bill in each house of the Legislature. On April 8, City Council approved another Home Rule message to address this problem. Subsequently, the Governor has indicated that additional language referencing commitments to observe various federal requirements should be added to the bills prior to his signing them. The proposed Home Rule legislation supports this change. There will be no net impact on the project as a result of this change. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2003-14 (Int. No. 251) Resolution For The Purpose Of A Home Rule Message Regarding State Legislation Relative To Complying With Federal Requirements Pertaining To Discontinuing The Use Of Certain Lands As

Park Lands Concurring in the request by the Mayor of the City of Rochester to the Senate and Assembly of the State of New York pursuant to Article IX of the New York State Constitution to enact into law certain legislation in relation to requiring the City of Rochester to comply with any federal regulations relating to discontinuing the use of certain lands as park lands. BE IT RESOLVED, by the City Council of the City of Rochester that said Council hereby concurs in the request of William A. Johnson, Jr., Mayor of the City of Rochester, to the Senate and Assembly of the State of New York, constituting the New York State Legislature, that said Legislation enact the legislation set forth in the following bill entitled: AN ACT to amend a chapter of the laws of 2003 relating to authorizing the city of Rochester to discontinue the use of certain lands as park lands, as proposed in legislative bills numbers S.1784-B and A.4300-A, in relation to requiring the city of Rochester to comply with any federal regulations pertaining to the alienation or conversion of such park lands Being Senate Bill No. S.5428 and Assembly Bill No. A.8769. This resolution shall take effect immediately. Adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Santiago, Stevenson - 5. Nays - None - 0. Councilmember Curran abstained vote because of the proximity of the parkland to his home. Councilmember Norwood abstained vote because he is an employee of the New York State Assembly. The meeting was adjourned at 4:45 P.M. CAROLEE A. CONKLIN City Clerk ***** PUBLIC HEARING MEETING CITY/CITY SCHOOL DISTRICT BUDGETS JUNE 11, 2003 7:30 P.M. Present - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 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. PUBLIC HEARINGS Pursuant to law public hearings will now be had on the following matter: Adoption Of The Budget Estimates For Municipal Purposes For The 2003-04 Fiscal Year, And Appro-

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WEDNESDAY, JUNE 11, 2004 - TUESDAY, JUNE 17, 2003

priation Of Sums Set Forth Therein And Approving Commercial Refuse Fees Int. No. 244 One speaker: Gloria Locke. Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2003 And Expiring June 30, 2004, And Appropriation Of Sums Set Forth Therein Int. No. 253 One speaker: Dave Adias. Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2003 And Expiring June 30, 2004 Int. No. 247 No speakers. Local Improvement Ordinance - Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1, 2003 And Expiring June 30, 2004 Int. No. 248 No speakers. The meeting was adjourned at 7:45 P.M. CAROLEE A. CONKLIN City Clerk ***** REGULAR MEETING JUNE 17, 2003 Present - President Giess, Councilmembers Curran, Douglas, Mains, Griswold, Norwood, Santiago, Stevenson, Thompson - 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: City Clerkʼs Office Geraldine Agnello Rochester Police Department Evelyn Baez *Richard A. Fantanza Frank Fortuna *Thomas R. Johns *Christopher J. Piro *Dale R. Roets *Not attending meeting. APPROVAL OF THE MINUTES By Councilmember Norwood RESOLVED, that the minutes of the Regular Meeting of May 13, 2003, 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. 3724-7 Request For Proposal Sale - July 28, 2003.

3725-7 Corporation Counsel Submits Settlement of Tax Assessment Proceedings. 3726-7 And 3727-7 The Director of Zoning Submits Notices of Environmental Determination. 17-57 Bay Street/236-238 Portland Avenue. 3728-7 1991 Lake Avenue. 3729-7 East side of North Clinton Avenueʼs 800 block between Hoeltzer and Sullivan Streets. 3730-7 1127 Dewey Avenue. 3731-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. None received. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Amending The Official Map By Dedication Of Vanguard Parkway In The Outer Loop Industrial Subdivision Int. No. 212 No speakers. Changing The Zoning Classification Of 1991 Lake Avenue From T-P Transitional Parking To R-1 Low Density Residential Int. No. 213 No speakers. Changing The Zoning Classification Of 17-35, 45, 49 And A Portion Of 57 Bay Street, And 236-238 Portland Avenue, From R-2 Medium Density Residential To C-1 Neighborhood Center Int. No. 214 One speaker: Frank Adams. Amending Chapter 120 Of The Municipal Code, The Zoning Code, As Amended Int. No. 215 No speakers. Authorizing An Amendatory 2000-01 Community Development Program Plan, Reallocating And Reappropriating Funds For The Good Grades Pay And Job Creation/Youth Development Programs And Amending Ordinances Int. No. 220 No speakers. Authorizing Changes In The Pavement Width Of Smith Street, Driving Park Avenue And Lexington Avenue As A Part Of The Lake Avenue (Lyell Avenue To Ridgeway Avenue) Improvement Project Int. No. 230 No speakers. Authorizing Changes In The Pavement Width Of Bernice Street, Extension Of Eastman Avenue And Realignment Of Mayflower Street As A Part Of The West Ridge Road (Hanford Landing To West City Line) Improvement Project Int. No. 231 No speakers. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood June 17, 2003 To the Council: The Housing & Economic Development Committee recommends for adoption the following entitled legislation: Int. No. 192 - Authorizing The Sale Of Real Estate, As Amended

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TUESDAY, JUNE 17, 2003 Int. No. 193 - Amending Ordinance No. 2003-88 To Cancel Taxes On Parcels Acquired For The Brooks Landing Revitalization Project Int. No. 194 - Approving The Sale Of A Portion Of Block F To The Cultural Center Commission Int. No. 195 - Authorizing An Agreement With The Enterprise Foundation For Housing Services

Rochester, New York, Authorizing The Issuance Of $175,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Brooks Landing Street Improvements Project Int. No. 188 - Authorizing An Amendatory Agreement For The East End Garage Reserve Fund, As Amended

Int. No. 196 - Authorizing An Agreement For Housing Development Support

The Housing & Economic Development Committee recommends for consideration the following entitled legislation:

Int. No. 197 - Authorizing An Agreement For The Home Store

Int. No. 212 - Amending The Official Map By Dedication Of Vanguard Parkway In The Outer Loop Industrial Subdivision

Int. No. 198 - Authorizing An Agreement For Housing Development Services Int. No. 199 - Authorizing An Agreement With The Greater Rochester Housing Partnership, Inc. For Housing Services Int. No. 200 - Authorizing An Agreement With The Housing Council In The Monroe County Area, Inc. For The Continued Provision Of Mortgage Services Int. No. 201 - Authorizing Agreements For Landlord And Tenant Services Int. No. 202 - Authorizing Agreements With Neighborhood Organizations For Administration Of The Residential Assistance Program Int. No. 203 - Appropriation Of Funds And Authorizing Agreements For The Emergency Assistance From City Hall (EACH) Program Int. No. 204 - Authorizing An Amendatory Agreement For Continued Administration Of The Joint Energy Conservation Program Int. No. 205 - Amending Ordinances And Transferring Funds Relating To Housing Int. No. 206 - Local Law Amending The City Charter With Respect To The Board Of Examiners Of Stationary Engineers And Refrigeration Operators Int. No. 207 - Approving The 2003-04 Operating And Capital Budgets Of The Cultural Center Commission Int. No. 208 - Approving Business Programs Int. No. 209 - Determination And Findings Relating To The Acquisition Of 35 Richmond Street As Part Of The East End Development Plan Int. No. 150 - Approving The Acquisition Of 35 Richmond Street By Negotiation Or Condemnation As A Part Of The East End Development Project Int. No. 210 - Authorizing Acquisitions For The North Clinton Avenue Revitalization Project Int. No. 211 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance of $450,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property As A Part Of The Cityʼs North Clinton Avenue Revitalization Project Int. No. 250 - Bond Ordinance Of The City Of

Int. No. 213 - Changing The Zoning Classification Of 1991 Lake Avenue From T-P Transitional Parking To R-1 Low Density Residential Int. No. 214 - Changing The Zoning Classification Of 17-35, 45, 49 And A Portion Of 57 Bay Street, And 236-238 Portland Avenue, From R-2 Medium Density Residential To C-1 Neighborhood Center Int. No. 215 - Amending Chapter 120 Of The Municipal Code, The Zoning Code, As Amended Int. No. 215A - Amending Chapter 120 Of The Municipal Code, The Zoning Code, As Amended (Amending items 65 and 66, therein.) The following entitled legislation is being held in committee: Int. No. 239 - Amending The Municipal Code With Respect To Peeling Paint Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Gladys Santiago (Did not vote on Int. No. 192 through Int. No. 196.) HOUSING & ECONOMIC DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-159 And Ordinance No. 2003-160 Re: Real Estate Transactions R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of eight properties and amending a prior ordinance. Sales The first two properties are single family structures that are being sold to the RHDFC for their appraised value. The structures will be rehabilitated and resold to owner occupants with incomes not to exceed 80% of the median income for the Rochester Metropolitan Statistical Area. The next three properties are vacant lots that are being sold to Tempro Development Company, Inc. for their

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TUESDAY, JUNE 17, 2003

appraised values. The parcels will accommodate the construction of three single family homes that will be used in conjunction with Monroe County Social Services to provide emergency housing. The last three properties are unbuildable vacant lots that are being sold to the adjoining owners for $1.00. The parcels are considered unbuildable because of their size. Amendment On April 8, Council approved the acquisition of several parcels for the Brooks Landing Project. The normal legislative language canceling current taxes from the date of acquisition forward was inadvertently omitted from that legislation. The proposed amendment will correct the oversight. Respectfully submitted, William A. Johnson, Jr. Mayor

Authorizing The Sale Of Real Estate 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 improved property: Price Purchaser

4019 Lake Ave . 061.21-1-77

$10,500 Rochester Housing Development Fund Corporation* 123 Rosemary Dr. 7,000 091.83-3-34 Rochester Housing Development Fund Corporation* *Officers: Jean A. Lowe, Alma Balonon-Rosen, Kevin V. Recchia, Robert M. Barrows [Section 2. The Council hereby further approves the negotiated sale of the following parcels of vacant land with proposal: Address S.B.L.#

Price Purchaser

130 Avenue D 091.77-5-31

$425 Tempro Development Company, Inc.* 425 Tempro Development Company, Inc.* 425 Tempro Development Company, Inc.*

432 Bay St. 106.44-4-26

*Officers: Lorraine Wolch, James Littwitz, Thomas Fink, Richard Rosen] Section [3] 2. The Council hereby further approves the sale of the following parcels of unbuildable vacant land for the sum of $1.00: Address S.B.L.#

Section [5] 4. This ordinance shall take effect immediately.

Passed unanimously. Ordinance No. 2003-159 (Int. No. 192, As Amended)

321 Bay St. 106.51-2-7

Section [4] 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 or because these charges have been included in the purchase price.

Bracketed material deleted; underlined material added.

Attachment No. AC-72

Address S.B.L.#

791 Hudson Ave. 3051± 106.25-1-9 Arthur Peters 58 Lewis St. 1987± 106.65-1-37 Gregory & Patricia Byrd 8 Mt. Pleasant Pk. 2500 120.84-2-26 David Knoll & David Skinner

Sq. Ft. Purchaser

Ordinance No. 2003-160 (Int. No. 193) Amending Ordinance No. 2003-88 To Cancel Taxes On Parcels Acquired For The Brooks Landing Revitalization Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2003-88, relating to the acquisition of parcels for the Brooks Landing Revitalization Project, is hereby amended by renumbering Section 3 thereof as Section 4 and by adding thereto the following new Section 3: Section 3. City taxes and other current-year charges against said parcels shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current-year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcels, shall also be canceled. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-161 Re: Sale of a Portion of Block F R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation authorizing the sale of a small parcel of land at the northeast corner of East Main Street and Chestnut Street to the Cultural Center Commission. During the 1980ʼs, a project was expected to be completed on the Block F site known as Chestnut Court. The developer requested that a small strip of the property be used for installation of a pre-construction sign to stir interest in the real estate buying community. The project was never developed and the sign was eventually removed and the site became abandoned property and was ultimately acquired by the City. The

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TUESDAY, JUNE 17, 2003 Cultural Center Commission now wants to reacquire this parcel in order to complete ownership of all of Block F.

1. North East Neighborhood Alliance

The subject parcel of land is comprised of approximately 96 square feet (4ʼ x 24ʼ) and will be sold to the Commission for the amount of $100.

3. NCS Development Corporation (formerly Northwest Community Services)

Respectfully submitted, William A. Johnson, Jr. Mayor

2. Ibero-American Development Corporation

4. North East Area Development, Inc.

Approving The Sale Of A Portion Of Block F To The Cultural Center Commission

The RCDC operating support has enabled these organizations to leverage over $10 million in neighborhood investment for housing and commercial real estate projects. Over 90 homes have been rehabilitated, of which 57 have been sold to new homeowners since the RCDC began. Over 55,000 square feet of commercial space has also been developed by these organizations during this period. It is anticipated that a fifth organization serving southwest Rochester will be included in the RCDC during summer 2003.

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

Under the proposed agreement, Enterprise will provide the following services:

Section 1. The Council hereby approves the sale of a portion of Block F, comprising approximately 96 square feet at the northeast corner of East Main Street and Chestnut Street, to the Cultural Center Commission for the sum of $100.

1. Continue to administer the RCDC program and provide technical assistance to the four agencies participating in it;

Attachment No. AC-73 Ordinance No. 2003-161 (Int. No. 194)

Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-162 Re: The Enterprise Foundation, Housing Development Agreement R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation regarding the Enterprise Foundation and the continued provision of housing and community development activities. The proposed legislation will: 1. Appropriate $100,000 from the Housing Stock and General Property Conditions allocation of the 2003-04 Community Development Block Grant; and 2. Establish that amount as maximum compensation for an agreement with the Enterprise Foundation. Enterprise, which was established in 1982 by philanthropists James and Patricia Rouse, is a national non-profit housing and community development organization. Its mission is to assist people in obtaining affordable housing and jobs. Enterprise established an office in Rochester in 1997. In conjunction with the City, Citibank, Daisy Marquis Jones Foundation, United Way of Greater Rochester, and JP Morgan Chase Bank, it formed the Rochester Community Development Collaborative (RCDC) in August 2000. Additional funders also include Rochester Gas & Electric (RG&E) and the Bruner Foundation. Enterprise has provided a total of $300,000 in grants to the RCDC organizations noted below:

2. Provide business planning and technical assistance to the RCDC organization which will be serving southwest Rochester; and 3. Provide technical assistance to: a. the Rochester Housing Development Fund Corporation (RHDFC); b. non-profit housing developers that are involved with projects with the RHDFC; and c. the City of Rochester. The most recent agreement with Enterprise for the continuation of these services was authorized by City Council on June 18, 2002. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-162 (Int. No. 195) Authorizing An Agreement With The Enterprise Foundation For Housing 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 Enterprise Foundation for technical assistance relating to housing and community development activities. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $100,000, 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 2003-04 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 im-

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TUESDAY, JUNE 17, 2003

mediately.

Section 1. The Mayor is hereby authorized to enter into an agreement with Housing Opportunities, Inc., for development and management of housing units for low-income families and housing technical assistance.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-163 Re: Agreement - Housing Opportunities, Inc. R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation regarding Housing Opportunities, Inc. (HOP) for the continued provision of housing development services. The proposed legislation will:

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $125,000, 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 2003-04 Community Development Program. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

1. Appropriate $125,000 from the Housing Stock and General Property Conditions allocation of the 2003-04 Community Development Block Grant; and

Section 4. This ordinance shall take effect immediately.

2. Establish that amount as maximum compensation for an agreement with HOP.

TO THE COUNCIL: Ladies and Gentlemen:

The most recent agreement with HOP for these services was authorized by the City Council on June 18, 2002. Following is a summary of their performance under that agreement: HOME Rochester houses rehabilitated Rental units developed Tenants served (rental units) Projects planned/researched

Goal

Actual

4 51 300 2

5 70 300 3

Activities proposed for 2003-04 include the following: 1. HOME Rochester - Rehabilitate four structures. 2. New Single-Family Construction - Construct four new homes through targeted new construction in the City. 3. Rental Development - Develop a minimum of 78 rental units.

Passed unanimously.

Ordinance No. 2003-164 Re: Agreement - Home Store R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an agreement with the Urban League of Rochester Economic Development Corporation, for continued operation of the Home Store. The maximum cost of this agreement will be $265,000, which will be financed from the Improve the Housing Stock and General Property Conditions allocation of the 2003-04 Consolidated Community Development Plan. The Home Store, which opened in February 1994, provides a central and accessible location at which prospective home buyers can obtain information, financial counseling and assistance, pre- and post-purchase counseling relating to home ownership. These services are provided in the evenings and weekends as well as during the week.

4. Technical Assistance - Provide technical assistance to other non-profit housing developers as necessary.

The Urban League has operated the Home Store since its inception. The most recent agreement for such operation was authorized by the City Council on June 18, 2002.

5. Property Management - Continue to manage the HOP rental properties, currently 346 units.

Following is a summary of the performance of the Urban League under this agreement (through April 30, 2003) and the projected performance for 2003-04:

6. Projects Planned/Researched - Continue project planning/research with a minimum of two. This agreement represents 19% of HOPʼs total budget of $645,547. Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2003-163 (Int. No. 196)

Authorizing An Agreement For Housing Development Support BE IT ORDAINED, by the Council of the City of Rochester as follows:

Service

2002-03 Planned

2002-03 Actual* Through 4/30/02

2003-04 Projected

Home Rochester/Rehabilitation Programs Cases 60 62 65 Home Expo/New Construction Cases 24 15 23 Home Purchase Assistance Program Cases** 133 188 133 HIP Sales 85 41 40 Homestead Lottery 15 15 15 Phone screening and referral 5,000 4,640 5,000

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TUESDAY, JUNE 17, 2003 Seminars: Number

40 Participants 2,000

performance under that agreement. 35

40

1,547

2,000

* Actual includes closed and open sales. Closings for open sales are anticipated to occur within the next 30-60 days. ** Will include Employer Assisted Home Purchase Program Respectfully submitted, William A. Johnson, Jr. Mayor

Goal HOME Rochester houses rehabilitated New houses constructed Rental units developed Projects planned/researched Rental units managed

12 7 10 1 30

Actual 14 3 16 3 35

Activities proposed for 2003-04 include the following: 1. HOME Rochester - Rehabilitate 15 structures.

Ordinance No. 2003-164 (Int. No. 197) Authorizing An Agreement For The Home Store 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 Urban League of Rochester Economic Development Corporation for the continued operation of the Home Store.

2. New Single-Family Construction - Construct 10 new homes through targeted new construction in the city and seek funding to develop one additional project. 3. Rental Development - Develop a minimum of two rental units and seek funding to develop at least one additional project. 4. Technical Assistance - Provide technical assistance to non-profits as necessary. 5. Property Management - Continue to manage the ULREDC rental properties, currently 51 units.

Section 2. The agreement shall obligate the City to pay an amount not to exceed $265,000, 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 2003-04 Community Development Program.

6. Projects Planned/Researched - Continue project planning/research, with a minimum of two project plans. This agreement represents 14% of the ULREDCʼs total budget of $604,600.

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

Respectfully submitted, William A. Johnson, Jr. Mayor

Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-165 Re: Agreement - Urban League of Rochester Economic Development Corporation R2010: Campaign 9 - Healthy Urban Neighborhoods

Ordinance No. 2003-165 (Int. No. 198) Authorizing An Agreement For Housing 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 an agreement with the Urban League of Rochester Economic Development Corporation for the continued provision of housing development services.

Transmitted herewith for your approval is legislation regarding the Urban League of Rochester Economic Development Corporation (ULREDC) for the continued provision of housing development services. The proposed legislation will:

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $85,000, 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 2003-04 Community Development Program.

1. Establish maximum compensation of $85,000 for a professional services agreement with ULREDC, and

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

2. Appropriate $85,000 from the Housing Stock and General Property Conditions allocation of the 2003-04 Community Development Block Grant to fund said agreement.

Section 4. This ordinance shall take effect immediately.

The most recent agreement with the ULREDC for these services was authorized by the City Council on June 18, 2002. Following is a summary of their

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

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TUESDAY, JUNE 17, 2003

Ordinance No. 2003-166 Re: Greater Rochester Housing Partnership

William A. Johnson, Jr. Mayor

R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an agreement with the Greater Rochester Housing Partnership, Inc. (GRHP) for continued financing of its operation. The maximum cost of this agreement is $85,000, which will be financed from the Housing Stock and General Property Conditions allocation of the 2003-04 Community Development Block Grant. GRHP was established in 1991 to promote affordable housing throughout Monroe County by encouraging private investment, soliciting contributions, and seeking Federal and State funding. The City has provided funds to finance GRHPʼs administrative costs since its inception. To date, $1,648,085 has been allocated for this purpose. The most recent allocation was authorized by City Council on June 18, 2002. The proposed funding contributes approximately 17% of GRHPʼs annual operating costs. Following is a summary of GRHPʼs accomplishments between July, 2002 and April, 2003: 1. Acquisition/Rehabilitation Goal:

Provide financing, property management services and technical assistance for houses that are approved for the Home Rochester program

Status: Management services provided for 13 properties. 2. Single-Family New Construction Goal:

Have capacity to provide at least $600,000 in construction financing to developers of new single-family houses.

Status: $426,000 provided for eight new homes. 3. Rental Projects Goal:

Continue management of the Low Income Tax Credit Fund.

Status: Provided investment of $460,000 for Kathlyn Garden located on Portland Avenue, to redevelop property into 12 affordable rental units. 4. Continue activity in support of housing choice and rental housing affordability. Provided construction loans for the following rental projects. $1,000,000 1,000,000 338,600 4,500,000

12 units 21 units 12 units 64 units

Gates Fairport Perinton Irondequoit

Under the proposed agreement, GRHP will continue these activities during 2003-04. Respectfully submitted,

Ordinance No. 2003-166 (Int. No. 199) Authorizing An Agreement With The Greater Rochester Housing Partnership, Inc. For Housing 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 Housing Partnership, Inc. for continued housing services. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $85,000, 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 2003-04 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 unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-167 Re: Agreement - Housing Council In The Monroe County Area, Inc., Mortgage Default Resolution R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an agreement with the Housing Council in the Monroe County Area, Inc. for the continued provision of mortgage default resolution services. The maximum cost of the agreement will be $275,000 and will be financed by $17,640 from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant and $257,360 from the Housing Stock and General Property Conditions allocation of the 2003-04 Community Development Block Grant. The Housing Council has provided mortgage default resolution services since 1975 and has administered the program with mortgage relief grants since 1990. The current agreement for provision of these services was authorized by City Council on June 18, 2002. Following is a summary of the Housing Councilʼs performance through April, 2003. 10 Month Planned Counseling Cases Mortgage Relief Grants

186 9

10 Month Actual 195 10

During this period, 95% of the cases resulted in the prevention of foreclosures. The counseling and resolution process includes household budget and income analyses as well as negotiation with mortgage lenders and other parties such as HUD/FHA to arrive

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TUESDAY, JUNE 17, 2003 at appropriate resolutions, including refinancing, negotiated repayments, sale, or use of grants for eligible clients. The proposed agreement will provide for continuation of these services during 2003-04. Of the total $275,000, $25,000 will be budgeted for mortgage relief grants. The maximum grant is $2,500, which is secured by a five-year lien against the property. The grants are intended to prevent mortgage foreclosure in cases of emergency when a home owner stands a reasonable chance of resuming monthly payments. To be eligible for a grant, a person must: 1. Own and reside in a one- or two-family house. 2. Have a family income at or below 80% of Median Family Income. 3. Be confronted with financial difficulties and a potential mortgage default because of circumstances beyond the control of the family, such as unemployment or unforeseen medical expenses. 4. Be able to reasonably demonstrate that these financial difficulties are likely to be temporary. 5. Participate in the mortgage default counseling and resolution process provided by the Housing Council. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-167 (Int. No. 200) Authorizing An Agreement With The Housing Council In The Monroe County Area, Inc. For The Continued Provision Of Mortgage 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 Housing Council in the Monroe County Area, Inc. for the continued provision of mortgage default resolution services and counseling and continued administration of the Mortgage Default Resolution Program. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $275,000, and of said amount, or so much thereof as may be necessary, $17,640 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program and $257,360 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2003-04 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 unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Ordinance No. 2003-168 Re: Agreements - Landlord and Tenant Services R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for the continued provision of various services to landlords and tenants: Organization

Amount

Housing Council in the Monroe County Area, Inc. Legal Aid Society Monroe County Legal Assistance Corporation

$70,000 70,000 23,000

The cost of these agreements will be financed from the Housing Stock and General Property Conditions/ Landlord Tenant Services allocation of the 2003-04 Community Development Block Grant. According to the 2000 census, there are approximately 89,000 occupied housing units in the city. Of this number, approximately 60% are rental units. The City provides funding to these programs, which are designed to enhance landlordsʼ and tenantsʼ awareness of their respective responsibilities, to encourage improved rental property management, and to reduce vacancies and evictions. The aforementioned agencies have provided these programs under periodic agreements; the most recent agreements were authorized by City Council on June 18, 2002. A summary of the performance of each agency appears below. Agency Program

10 Month Goal

Actual

Housing Council Landlord Tenant Services Seminars Attendance Hotline Calls 1 on 1 Assistance

5 N/A N/A N/A

10 148 5,625 430

Legal Aid Society Owner Tenant Mediation Mediation Agreements Technical Service Court Advocacies*

50 N/A N/A N/A

39 3 36 74

52

56

Service

MCLAC Legal Services for Tenants Client Cases

* The Cityʼs agreement supplements United Way funds for this service. Approximately 12% of the advocacy caseload (613+) is supported by this allocation. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-74 Ordinance No. 2003-168

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TUESDAY, JUNE 17, 2003 (Int. No. 201)

Authorizing Agreements For Landlord And Tenant Services 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 amounts not to exceed the following for Landlord and Tenant Services:

2002-03 was $1,310,000. A summary of 2002-03 allocations, including activities to date and expenditures, is attached. The proposed legislation will provide necessary funding to continue the grant program during 2003-04. Listed below are recommended allocations for the 2003-04 Residential Assistance Program. Administering Agency Neighborhoods

Amount

Organization

Amount

Housing Council in the Monroe County Area, Inc. Legal Aid Society Monroe County Legal Assistance Corporation

Charles Settlement House Charlotte Maplewood

$70,000 70,000

Coalition of North East Associations Upper Falls

100,000

23,000

Group 14621 Community Association 14621 Neighborhood

80,000

Section 2. The agreements shall obligate the City to pay an amount not to exceed $163,000, 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 2003-04 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-169 Re: Residential Assistance Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the 2003-04 Residential Assistance Program. This legislation will: 1. Appropriate $1,310,000 from the “Improving Housing Stock and Property Conditions” Allocation of the 2003-04 Consolidated Community Development Program to help finance the program; and 2. Authorize amendatory agreements with 10 neighborhood organizations for program administration. The Residential Assistance Program (RAP) contains as its major elements, the Special Materials Grant, Home Security and Emergency Repair Grant components. In past years, RAP has provided grants of up to $3,500 to assist low-income owner-occupants throughout the city to make emergency repairs and the purchase of materials for exterior repairs and home security. An additional supplement of up to $1,000 will be added to the maximum when undertaking activities involving lead-based paint removal. Since its inception, the program has been administered by various neighborhood organizations. The most recent agreement was authorized by City Council on June 18, 2002. Total RAP appropriations and encumbrances during

$ 125,000

Marketview Heights Association South Marketview Heights

110,000

Montgomery Neighborhood Center Bullshead Cornhill Genesee-Jefferson Mayors Heights 19th Ward Plymouth-Exchange Southeast Dutchtown

170,000

North East Area Development Beechwood Browncroft Culver-Winton Homestead Heights Northland Lyceum

175,000

North East Block Club Alliance North Marketview Heights

130,000

NCS Community Development Corp. Brown Square Edgerton Lyell-Otis North Dutchtown Southwest Dutchtown Susan B. Anthony

205,000

South East Area Coalition Atlantic-University Cobbs Hill East Avenue Ellwanger-Barry Highland Park Avenue Pearl-Meigs-Monroe Strong Swillburg Upper Monroe

130,000

South Wedge Planning Committee South Wedge

85,000 _________

Total

$1,310,000

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-75 Ordinance No. 2003-169

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TUESDAY, JUNE 17, 2003 (Int. No. 202) Authorizing Agreements With Neighborhood Organizations For Administration Of The Residential Assistance 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 or the following amounts are allocated for the administration of the Residential Assistance Program: Administering Agency Neighborhoods Charles Settlement House Charlotte Maplewood

Amount $ 125,000

Coalition of North East Associations Upper Falls

100,000

Group 14621 Community Association 14621 Neighborhood

80,000

Marketview Heights Association South Marketview Heights

110,000

Montgomery Neighborhood Center Bullshead Cornhill Genesee-Jefferson Mayors Heights 19th Ward Plymouth-Exchange Southeast Dutchtown

170,000

North East Area Development Beechwood Browncroft Culver-Winton Homestead Heights Northland Lyceum

175,000

North East Block Club Alliance North Marketview Heights

130,000

NCS Community Development Corp. Brown Square Edgerton Lyell-Otis North Dutchtown Southwest Dutchtown Susan B. Anthony

205,000

South East Area Coalition Atlantic-University Cobbs Hill East Avenue Ellwanger-Barry Highland Park Avenue Pearl-Meigs-Monroe Strong Swillburg Upper Monroe

130,000

$1,310,000, 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 2003-04 Consolidated 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-170 Re: Emergency Assistance for City Homeowners (EACH) R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the 2003-04 Emergency Assistance for City Homeowners Program (EACH). This legislation will appropriate $400,000 from the Improving Housing Stock and Property Conditions Allocation of the 2003-04 Consolidated Community Development Program to help finance the program. The EACH Program provides emergency grants of up to $3,500 per property ($4,500 when lead issues are involved) and is administered by City staff from the Bureau of Housing & Project Development. Grants are available to owner-occupants whose household incomes do not exceed 80% MFI. The proposed appropriation will also help supplement the Rehab Rochester Program, some of the funding for which has been reprogrammed to the Cityʼs Lead Hazard Reduction Initiative. Unlike the Residential Assistance Program (RAP), EACH supplements RAP grants to qualified owneroccupants for emergencies only, on a city-wide basis, and is not restricted to the service areas of any particular neighborhood association. EACH also helps answer the emergency needs of property owners when RAP funds are fully subscribed or when the workloads of RAP agency staff have reached maximum capacity. The programʼs initial appropriation of $500,000 was authorized by the City Council on October 15, 2002. As of May 1, 2003, a total of 117 properties have received assistance from the program with another 28 properties in various stages of completion. The programʼs current allocation is expected to be fully expended by or before June 30, 2003. At the current average of $3,350 per grant, the proposed allocation will provide approximately 119 grants.

South Wedge Planning Committee South Wedge

85,000 _________

Total

$1,310,000

Section 2. The agreements shall obligate the City of Rochester to pay an amount not to exceed

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-170 (Int. No. 203) Appropriation Of Funds And Authorizing Agreements For The Emergency Assistance From City Hall (EACH) Program

Page 186 BE IT ORDAINED, by the Council of the City of Rochester as follows:

TUESDAY, JUNE 17, 2003 2. An investor-owner who: a. Rents the unit(s) to tenants who meet the guidelines,

Section 1. The sum of $400,000, or so much thereof as may be necessary, is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2003-04 Community Development Program to fund the Emergency Assistance from City Hall (EACH) Program. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Emergency Assistance from City Hall (EACH) Program. 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-171 Re: ABC - Joint Energy Conservation Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Action for a Better Community, Inc., for continued administration of a Joint Energy Conservation Program. The maximum cost of this amendment will be $90,000, which will be financed from the Improving Housing Stock and Property Conditions Allocation of the 200304 Consolidated Community Development Program. The proposed appropriation would increase the total value of the agreement to $270,000. Since 1978, ABC has administered an energy conservation program through grants from the NYS Division of Economic Opportunity (DEO). Currently, grants of up to $4,000 per unit can be provided through this program for physical improvements that reduce energy consumption. Each year, approximately 350 property owners whose incomes fall below 50% of Median Family Income (MFI) for the Metropolitan Statistical Area benefit from the state funded program. In 1994, the City began providing supplemental matching funds to ABC for the program for properties whose incomes exceeded the maximum State DEO guidelines of 50% of MFI but fell below the Cityʼs maximum of 80% MFI. Presently, the maximum supplement available from the Cityʼs share is $3,000. Households assisted with City funds, whose incomes fall below 50% of median, will be matched by state resources up to a combined maximum of $4,000. The most recent agreement for such supplemental funding was authorized by the City Council on June 18, 2002. To be eligible for participation for the Cityʼs supplement, an applicant has to be: 1. An owner-occupant whose household income falls below 80% of median, or

b. Agrees not to increase the rent rate for at least two years, and c. Contributes a minimum of 38.5% to the cost of the improvements. Use of the CDBG portion of the grant is limited to the following types of improvements: 1. 2. 3. 4. 5.

Window replacement, Furnace replacement, Hot water tank replacement, Attic and wall insulation, and Miscellaneous repairs.

ABCʼs administration of the program includes the preparation and review of grant applications, assessment of the repair needs, and coordination of the work. In addition, the program includes a minimum of two energy conservation workshops per year. As of May 1, 2003, CDBG funds totaling $575,476 have been expended toward repairs to 741 properties, of which 82 have benefited during this past program year. Under the proposed amendment, the supplemental program will be continued for another year. The CDBG allocation will provide for a minimum of 55 grants and administrative costs of $7,500. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-76 Ordinance No. 2003-171 (Int. No. 204) Authorizing An Amendatory Agreement For Continued Administration Of The Joint Energy Conservation 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 Action for a Better Community, Inc. for continued administration of the Joint Energy Conservation Program. Section 2. The amendatory agreement shall obligate the City of Rochester to pay an amount not to exceed $90,000, 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 2003-04 Consolidated Community Development Program. Section 3. The amendatory 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. 2003-172 Re: Community Development Program -

TUESDAY, JUNE 17, 2003 Housing Program Transfers R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to certain housing program. This legislation will: 1. Amend Ordinance #2002-171 by transferring $200,000 in CDBG funds from the Home Store account to the Rehab Rochester account; 2. Amend Ordinance #2002-172 by transferring $75,000 in CDBG funds from the Home Buyer Education account to the Rehab Rochester account; 3. Amend Ordinance #2003-06 by transferring $70,000 in CDBG funds from the Fair Housing Monitoring Services account to the Rehab Rochester account; 4. Amend Ordinance #2003-120 (approved on May 13) by transferring $30,000 in CDBG funds from the Fair Housing Enforcement account to the Rehab Rochester account; 5. Amend Ordinance #2002-316 by transferring $200,000 in HOME funds from the Rehab Rochester account to the Home Store account; 6. Amend Ordinance #2002-316 by transferring $75,000 in HOME funds from the Rehab Rochester account to the Home Buyer Education account; 7. Amend Ordinance #2002-316 by transferring $70,000 in HOME funds from the Rehab Rochester account to the Fair Housing Monitoring Services account; and, 8. Amend Ordinance #2002-316 by transferring $30,000 in HOME Funds from the Rehab Rochester account to the Fair Housing Enforcement account. The transfers change to source of funds from the Community Development Block Grant to the HOME Program for the Home Store, Home Buyer Education and Fair Housing Programs. The HOME Program is a more appropriate source and funds for these programs and the transfers will facilitate administration of the Community Development Program. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Norwood moved to amend Introductory No. 205. The motion was seconded by Councilmember Santiago. The motion was adopted by the following votes: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he is an employee of the affiliated agency.

Page 187 Ordinance No. 2003-172 (Int. No. 205, As Amended) Amending Ordinances And Transferring Funds Relating To Housing BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-171, relating to an agreement for the Home Store, is hereby amended by reducing the amount authorized and appropriated in Section 2 thereof from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program by the sum of $200,000, which amount is transferred to the Rehab Rochester Program Account. To fund this agreement, said amount is reappropriated from 2002 HOME Program Funds reduced in Section 5 hereof. Section 2. Ordinance No. 2002-172, relating to an agreement with Neighborhood Housing Services, is hereby amended by reducing the amount authorized and appropriated in Section 2 thereof from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program by the sum of $[75,000] 50,000, which amount is transferred to the Rehab Rochester Program Account. To fund this agreement, said amount is reappropriated from 2002 HOME Program Funds reduced in Section 6 hereof. Section 3. Ordinance No. 2003-6, relating to an agreement for Fair Housing Monitoring Services, is hereby amended by reducing the amount authorized and appropriated in Section 2 thereof from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program by the sum of $[70,000] 30,000, which amount is transferred to the Rehab Rochester Program Account. To fund this agreement, said amount is reappropriated from 2002 HOME Program Funds reduced in Section 7 hereof. Section 4. Ordinance No. 2003-120, relating to an agreement for the Fair Housing Enforcement Project, is hereby amended by reducing the amount authorized and appropriated in Section 2 thereof from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program by the sum of $30,000, which amount is transferred to the Rehab Rochester Program Account. To fund this agreement, said amount is reappropriated from 2002 HOME Program Funds reduced in Section 8 hereof. Section 5. Ordinance No. 2002-316, relating to housing programs, is hereby amended by reducing the amount authorized and appropriated in Section 1 thereof from 2002 HOME Program Funds for the Rehab Rochester Program by the sum of $200,000, which amount is transferred to the Home Store Account. To fund this Program, said amount is reappropriated from funds of the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program reduced in Section 1 hereof. Section 6. Ordinance No. 2002-316, relating to housing programs, is hereby amended by reducing the amount authorized and appropriated in Section 1 thereof from 2002 HOME Program Funds for the Rehab Rochester Program by the sum of $[75,000] 50,000, which amount is transferred to the Home Buyer Education Account. To fund this Program, said amount is reappropriated from funds of the Improving

Page 188 the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program reduced in Section 2 hereof. Section 7. Ordinance No. 2002-316, relating to housing programs, is hereby amended by reducing the amount authorized and appropriated in Section 1 thereof from 2002 HOME Program Funds for the Rehab Rochester Program by the sum of $[70,000] 30,000, which amount is transferred to the Fair Housing Monitoring Services Account. To fund this Program, said amount is reappropriated from funds of the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program reduced in Section 3 hereof. Section 8. Ordinance No. 2002-316, relating to housing programs, is hereby amended by reducing the amount authorized and appropriated in Section 1 thereof from 2002 HOME Program Funds for the Rehab Rochester Program by the sum of $30,000, which amount is transferred to the Fair Housing Enforcement Account. To fund this Program, said amount is reappropriated from funds of the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program reduced in Section 4 hereof. Section 9. The Council hereby amends the 2002-03 Community Development Plan as may be necessary to implement the transfers made herein. Section 10. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Mains abstained vote because he is an employee of the affiliated agency. TO THE COUNCIL: Ladies and Gentlemen: Local Law No. 6 Re: Examining Board of Stationary Engineers and Refrigeration Operators R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation to amend the criteria that determines the membership of the Board of Stationary Engineers and Refrigeration Operators in Section 12-34 (a) of Charter of the City of Rochester. The Examining Board of Stationary Engineers and Refrigeration Operators is responsible for investigating and examining the knowledge and technical ability of license applicants to engage in or perform the work of a stationary engineer or a refrigeration operator in the City of Rochester. The board has the authority to determine the material on which applicants are tested, to revoke, cancel or suspend a license, to authorize the issuance of licenses and to investigate charges against a license holder.

TUESDAY, JUNE 17, 2003 In order to better carry out these responsibilities, the board has recommended the elimination of the specific requirement that one member be a licensed professional engineer, replacing that member instead with another licensed stationary engineer. Since stationary engineers are more familiar with the day to day operations and issues facing licensed stationary engineers and refrigeration operators, it was felt that the change would increase the efficiency of the Board. Respectfully submitted, William A. Johnson, Jr. Mayor Local Law No. 6 (Int. No. 206) Local Law Amending The City Charter With Respect To The Board Of Examiners Of Stationary Engineers and Refrigeration Operators 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 the first full sentence of Subsection A of Section 12-34 thereof, Board of Examiners of Stationary Engineers and Refrigeration Operators, to read in its entirety as follows: The Board of Examiners of Stationary Engineers and Refrigeration Operators shall be composed of six (6) members, five (5) of whom shall hold valid licenses at least in the first or second highest classification, adequately representing the interests of refrigeration operation and stationary engineering; and the sixth member to be the Commissioner of Community Development or his or her representative. Section 2. This local law shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-173 Re: 2003-04 Budgets - Cultural Center Commission R2010: Campaign 6 - Economic Vitality Campaign 8 - Tourism Destination Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to the 2003-04 operating and capital budgets of the Cultural Center Commission. This legislation will: 1. Approve the budgets proposed by the Commission for the period from July 1, 2003 through June 30, 2004; and 2. Authorize the Commission to approve during this period the transfer of capital budget appropriations not exceeding $10,000.

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TUESDAY, JUNE 17, 2003 The proposed budgets were approved by the Commission on April 8. They have been reviewed by the Budget Bureau of the City and the 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 Laws 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 the Legislature on September 30, 1980. The total amount of funds available to the Commission for use during 2003-04 is $540,202. Revenues Mortgage Income Net Property Maintenance Fund Unused Balances 2002-03 Operating Budget 2002-03 Capital Budget Total

$ 28,334 79,022 16,160 416,886 $540,202

The Commission has proposed that $86,621 of this amount be appropriated for the 2003-04 operating budget and $453,581 for the capital budget. The proposed operating budget is $12,709 less than the 2002-03 budget.

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the 200304 Operating and Capital Budgets of the Cultural Center Commission as adopted in Cultural Center Commission Resolution No. 5 of 2003. 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 Economic 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 the financial and budgetary practices of the City of Rochester. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-174 Re: Business Programs

2002-03

Variance

R2010: Campaign 6 - Economic Vitality

$64,099 $75,769 Employee Benefits 13,113 14,152 Supplies and Equipment 250 250 Contractual Expense 8,659 8,659 Contingency 500 500 Total $86,621 $99,330

$11,670

Transmitted herewith for your approval is legislation relating to various business programs. This legislation will:

Salaries

2003-04

Approving The 2003-04 Operating And Capital Budgets Of The Cultural Center Commission

1,039 0 0 0 $12,709

The proposed capital budget indicates the general purpose for which the available funds are intended to be used. It does not represent actual commitments to specific projects. Any funds not utilized during 200304 will be reappropriated for the 2004-2005 budget. General Purpose

Amount

Streets/Open Space Maintenance Development Executive Design Annual Audit Total

$ 19,116 397,530 25,035 11,900 $453,581

The authorization for the Commission to approve minor capital transfers is designed to facilitate operations. Similar authorization was approved by the Council on June 18, 2002 for the 2002-03 budget. The Commission has a comparable ability to approve the transfer of operating appropriations pursuant to a Council authorization of September 9, 1981. The budgets will be considered by the Monroe County Legislature on June 10. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-173 (Int. No. 207)

1. Appropriate a total of $1,781,200 for the programs from the Economic Stability allocation of the 2003-04 Community Development Block Grant; and 2. Authorize any agreements required to implement the programs. Business Assistance Program ($190,000) The program strengthens operatorsʼ skills through technical assistance provided by various consultants in the areas of business practices and accounting, advertising, store design, computer hardware and software selection, and visual merchandising. A matching grant assists businesses with the implementation of consultant recommendations. An additional component of BAP is the Business Development and Technical Assistance Program. This component will provide business-planning workshops to existing retail and consumer service businesses and provide one-on-one consultation including retail business ownership training to improve merchandising and to establish procedures that ensure successful retail operations. The contract for this component of BAP will not exceed $30,000. Business Association Support ($105,000) The Business Association Support Program will provide funds to business associations for organizational, advertising, promotional and clean-up activities. It is projected that assistance will be provided to 13 organizations. Commercial Exterior Improvement Program ($60,000)

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TUESDAY, JUNE 17, 2003

This activity provides matching grants of up to $25,000 for commercial buildings in the targeted distressed Lyell Avenue area and grants of up to $10,000 for commercial buildings in the Harbor District in Charlotte. A City Development Fund appropriation of $97,000 for the grants was included in the 2003-04 Consolidated Community Development Plan approved by City Council on May 13. The proposed appropriation will finance the costs of continued provision of architectural services for the programs. Following is a summary of activity under the agreements during 2002-03: Organization

Under the Section 108 Loan Program, loans are provided to industrial and commercial businesses for facility expansion, renovation, equipment, acquisition and working capital. The funds are provided by the federal government through the City. As a condition of the loan, the City must accept contingent liability for repayment of the loan in the event of default by the businesses. A loan reserve account has been established for this purpose. To date, loans totaling approximately $47.4 million have been provided to 41 businesses. Disbursements from the reserve account have totaled $2,203,600 for loan defaults by 18 businesses.

Projects

Payments

Technical Assistance Services ($35,000)

9 12 9

$31,380 48,103 38,000

This funds the annual agreement for the provision of services such as training for staff, technical assistance in the structuring of financing plans for development projects, advocacy services in securing of state and federal grants, and assistance in the identification of alternative funding sources. Twenty-four businesses will be assisted.

Pardi Partnership Pospula Associates Penny J. Haley

Commercial Loan Fund ($285,000) The program provides loans of $10,000 to $500,000 to assist private sector job creation and retention for new or expanding commercial businesses located in the low- and moderate-income areas. Proceeds will generally be used for working capital, equipment and owner-occupied real estate. To date, loans totaling $2,028,191 have been provided to 18 companies, resulting in the creation or retention of 506 jobs. The balance of the loan fund is $872,929. High Technology ($15,000) HTR is a non-profit organization designed to develop and implement a coordinated strategy for the creation and/or expansion of high technology industries in the Rochester area. It provides technical assistance, venture capital forums and training sessions. Besides the CDBG appropriation from the City, the organization is financed by the Rochester Business Alliance, County of Monroe, NYSTAR, area colleges and universities, Rochester Gas and Electric and others. The proposed City appropriation is the same as the current amount. Industrial Loan Fund ($400,000) The fund provides below market rate loans to large and small industries. The proceeds of the loans may be used for the purchase of machinery and equipment. The fund will also be used for real estate loans involving acquisitions, additions or improvements. An equity investment is required. The loan will be converted to a grant in cases where the business meets pre-determined job generation goals. Four businesses will be assisted. To date, $5,928,100 has been appropriated for the program. Loans totaling $4,001,500 have been provided to 25 companies, resulting in the creation or retention of 1,905 jobs. The balance of the fund is $1,926,600. Neighbors Shopping Neighborhoods ($5,000) The program is designed to increase the patronage of City businesses and services. It consists of a city website shopping guide. 5,736 businesses will be assisted. Section 108 Loan/Loss Reserve ($496,200)

Pre-Development Grants ($40,000) This initiative provides matching grants of up to $25,000 to businesses and developers who undertake environmental investigations necessary to quantify the redevelopment costs of Brownfield sites. Four businesses will be assisted. Targeted Business Assistance Program ($150,000) This program provides training and loans to assist targeted businesses that have barriers to acquiring the capital necessary for growth in terms of jobs, investment and development. Four to eight businesses will be assisted. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-174 (Int. No. 208) Approving Business Programs BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from the Economic Stability Allocation of the 2003-04 Community Development Program the sum of $1,781,200, or so much thereof as may be necessary, to fund the following programs in the following amounts: Business Assistance Program Business Association Support Program Commercial Exterior Improvement Program Commercial Loan Fund High Technology of Rochester Industrial Loan Fund Neighbors Shopping Neighborhoods 108 Reserve Technical Assistance Services Pre-Development Grants Targeted Business Assistance Program

$190,000 105,000 60,000 285,000 15,000 400,000 5,000 496,200 35,000 40,000 150,000

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

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TUESDAY, JUNE 17, 2003 Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Section 1. The Council hereby makes the following determination and findings concerning the acquisition of one property on Richmond Street as part of the East End development project:

Section 4. This ordinance shall take effect immediately.

a. Project Location: The City proposes the public acquisition of 35 Richmond Street, SBL #106.810-02-028.

Passed unanimously.

b. Public purpose and general effect:

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-175 Re: Determinations and Findings - East End Development Project Acquisition R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation making the determinations and findings related to acquisition of the property at 35 Richmond Street as part of the East End Development Project. Such determinations and findings are required by Article 2 of the Eminent Domain Procedure Law. A public hearing on this matter was held by the Council on May 13, 2003. There were no speakers at the hearing. Therefore, the following determinations and findings are proposed: 1. Project description - that the City acquire the property at 35 Richmond Street for redevelopment. 2. Project purpose - that the acquisition will eliminate a blighting influence and will lead to the creation of more residential units within the East End District. 3. Project effect - that the acquisition and subsequent redevelopment of the property will have no significant adverse effect on the environment and indeed will assist in the revitalization of the neighborhood and increase the pedestrian traffic flow within the East End District. If these determinations and findings are approved, the legislation authorizing the property acquisition (Introductory #150) may be considered. Respectfully submitted, William A. Johnson, Jr. Mayor

1. This parcel has been designated for acquisition to further the objectives of the East End Development Plan which calls for the development of owner-occupied residential housing units within the East End. The City of Rochester has already acquired adjoining properties through various tax foreclosure actions and donations. In order to implement the plan, the City proposes to acquire this privately owned parcel to allow for the development of a pedestrian walkway that will link Richmond Street and Charlotte Street. 2. The general effects of the acquisition of this parcel on the environment and the residents of the immediate area will be beneficial. The project will have no significant adverse environmental effects. The acquisition will lead to creating more residential units within the Central Business District, the elimination of a blighting effect on the surrounding area and the improvement of pedestrian traffic flow within the East End. Section 2. This ordinance shall take effect immediately. Passed unanimously. Introductory No. 150 was introduced May 13, 2003, and appears in its original form with its transmittal letter on page 140 of the current Council Proceedings. Attachment No. AC-77 Ordinance No. 2003-176 (Int. No. 150) Approving The Acquisition Of 35 Richmond Street By Negotiation Or Condemnation As A Part Of The East End Development Project Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Ordinance No. 2003-175 (Int. No. 209) Determination And Findings Relating To The Acquisition Of 35 Richmond Street As Part Of The East End Development Plan WHEREAS, the City of Rochester proposes to acquire 35 Richmond Street as part of the East End Development Plan, and WHEREAS, the Council of the City of Rochester held a public hearing on May 13, 2003 pursuant to Article 2 of the Eminent Domain Procedure Law to consider the acquisition of these parcels, NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No. 2003-177 And Ordinance No. 2003-178 Re: North Clinton Avenue Revitalization Property Acquisitions R2010: Campaign 6 - Economic Vitality Campaign Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing the acquisition by negotiation of property located on North Clinton Avenue, Hoeltzer and Sullivan Streets as part of the North Clinton Avenue Revitalization Projectʼs La Marketa, and authorizing the issuance of $450,000 in bonds for that purpose. The properties will be conveyed with no outstanding liens or encumbrances. The City taxes are to be pro-

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TUESDAY, JUNE 17, 2003

rated to the day of closing. Following title transfer, City taxes and other charges are to be canceled from the date of closing forward. The properties to be acquired through negotiation are as follows: Property Address Owner

Use

Cost

10 Hoeltzer Street 1 Family Mamie N. Durant $ 16,000 7 Sullivan Street 1 Family* Clifford Walker 5,000 9 Sullivan Street 3-family ** Carlton Cote and Carl Munding 22,000 11 Sullivan Street 2 family Carl Cote 22,000 818 N. Clinton Avenue 1 family* Equity Systems Realty, LLC 27,000 822 N. Clinton Avenue Mixed-use Armando Espinosa 75,000 830 N. Clinton Avenue Mixed-use* Mahmood Alshaibi 13,000 Total $180,000 *Vacant **Two units vacant, one unit occupied The maximum acquisition values were determined by an independent appraiser, Midland Appraiser Associates, Inc., with account taken of environmental or geotechnical conditions. The legislation proposes that the Director of Real Estate be authorized to negotiate a sale at the appraised value. The total acquisition price, including closing costs, relocation costs, and demolition will not exceed $450,000 and will be funded by the proposed bond ordinance. When acquisition is completed, the parcels will be combined with other City-owned properties and marketed for development. The original provision for this acquisition was included in the 2000-01 Debt Limit; an exception to the normal two-year roll over requirement is hereby requested for this transaction. 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 real estate transaction will not result in any significant effects. A negative declaration has been issued. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-78 Ordinance No. 2003-177 (Int. No. 210) Authorizing Acquisitions For The North Clinton Avenue Revitalization Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acquisition of the following parcels as a part of the North Clinton Avenue Revitalization Project: Address SBL No.

Type Reputed Owner

Maximum Acquisition Amount

10 Hoeltzer Street 1 Family $ 16,000 106-39-1-73 Mamie N. Durant 7 Sullivan Street 1 Family 5,000 106.39-1-2 Clifford Walker 9 Sullivan Street 3 Family 22,000 106.39-1-3 Carlton Cote and Carl Munding 11 Sullivan Street 2 Family 22,000 106.39-1-4 Carl Cote 818 N. Clinton Ave. 1 Family 27,000 106.39-1-79 Equity Systems Realy, LLC 822 N. Clinton Ave. Comml/Mixed Use 75,000 106.39-1-80 Armando Espinosa 830 N. Clinton Ave. Comml/Mixed Use 13,000 106.39-1-82 Mahmood Alshaibi Total $180,000 Section 2. The acquisition, relocation, demolition and closing costs shall obligate the City to pay an amount not to exceed $450,000, and said amount, or so much thereof as may be necessary, shall be funded from a bond ordinance adopted for this purpose. Section 3. City taxes and other current-year charges against said parcels shall be canceled from the date of closing forward. If the present owner has paid any taxes or other current-year charges attributable to the period after the closing, such charges shall be credited to such owner at closing, and may, if appropriate, be refunded. Any taxes levied after the date of closing, while the City still owns the parcels, shall also be canceled. Section 4. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2003-178 (Int. No. 211) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $450,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property As A Part Of The Cityʼs North Clinton Avenue Revitalization 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 the “City”), is hereby authorized to finance the costs of a portion of the Cityʼs North Clinton Avenue Revitalization Project (the “Project”), consisting of the acquisition of properties, including but not limited to 10 Hoeltzer Street, 7, 9 and 11 Sullivan Street and 818, 822 and 830 North Clinton Avenue for development as a part of the La Marketa Project. Existing improvements on said property are to be ultimately demolished by the City. The estimated maximum cost of the specific object or purpose authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $450,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $450,000 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 $450,000 are hereby authorized to be issued pursuant to the Constitution and laws of the

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TUESDAY, JUNE 17, 2003 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 $450,000. 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.21 of the Law, is thirty (30) 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

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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-179 Re: Brooks Landing Street Improvements Project R2010: Campaign 6 - Economic Vitality Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Brooks Landing Project. The legislation will authorize the issuance of additional bonds totaling $175,000 and appropriate the proceeds thereof to finance the cost of the public street improvements. The public street improvements will include reconstruction of a portion of Brooks Avenue and improvements to four intersections in the vicinity of the development area. The planned street improvements are based on a traffic study conducted by FRA Engineering in 1999. City Council authorized bonding in the amount of $1,000,000 on April 8, 2003. Subsequently, construction bids were received and were slightly higher than the previously authorized $1,000,000 in bonding. The construction cost based on the lowest bid received is $1,040,800. An additional $134,200 will be allocated for street lighting, acquisitions, other items not included in the contract and contingency. Construction

Contingency

Total

$1,040,800

$134,200

$1,175,000

Construction for the transportation improvements is scheduled to begin in Summer 2003 and be completed in the Spring of 2004. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2003-179 (Int. No. 250)

(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

Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $175,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Brooks Landing Street Improvements Project

(c) such obligations are authorized in violation of the provisions of the Constitution.

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

Page 194 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 the construction and reconstruction of certain streets, including but not limited to Brooks Avenue, Genesee Street, South Plymouth Avenue, Scottsville Road, Elmwood Avenue and Genesee Park Boulevard, as a part of the Brooks Landing Street Improvements 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 $1,375,000. The plan of financing includes the issuance of $175,000 bonds of the City, and said amount is hereby appropriated therefor, together with the application of $1,000,000 bonds previously appropriated in Ordinance No. 200391 and $200,000 bonds previously appropriated in Ordinance No. 2001-359, 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 $175,000 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 1.1502. 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

TUESDAY, JUNE 17, 2003 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 by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Curran abstained vote because his residence is located within the area affected by the project. Introductory No. 188 was introduced May 13, 2003, and appears in its original form with its transmittal letter on page 137 of the current Council Proceeding. Ordinance No. 2003-180 (Int. No. 188, As Amended) Authorizing An Amendatory Agreement For The East End Garage Reserve Fund WHEREAS, the City and the County of Monroe and the Cultural Center Commission have entered into an agreement for the East End Garage and have established a reserve fund to pay the costs of the Garage, and WHEREAS, the Cultural Center Commission has agreed to the sale of the parcel adjacent to the East End Garage at 130 East Avenue for the development of a mixed-use condominium project containing retail and office space and housing units, and WHEREAS, parking for the tenants of this project will be provided by the Commission in the current East End Garage and in a possible 46 space covered structure for which the Commission wishes to set aside funds from the reserve fund, and

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TUESDAY, JUNE 17, 2003 WHEREAS, the provision of parking for this development conforms to the purposes of the Cultural Center Commission as set forth in Chapter 613 of the Laws of 1979 and will further the Cultural District Plan and serve a public purpose, NOW, THEREFORE, 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 and the Cultural Center Commission for oversight and operation of the East End Garage, whereby the purposes of the East End Garage Reserve Fund may include demolition of the existing garage and construction of a new parking facility. [The amendatory agreement shall allow for up to $400,000 in the East End Garage Reserve Fund to be placed in a separate interest-bearing account for the future demolition of the existing garage and construction of a minimum 46-space covered parking facility for use by tenants of The Sagamore on East at 130 East Avenue.] The amendatory agreement shall allow for up to $400,000. from parking payments received from the owners and tenants of 130 East Avenue, plus interest, to be deposited in a separate, interest-bearing designated account, for the future demolition of the existing garage and construction of a minimum 46-space covered parking facility for use by the owners and tenants of 130 East Avenue, and shall allow replenishment of the designated account. Section 2. The amendatory agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-181 Re: Outer Loop Industrial Park/Official Map Amendment R2010: Campaign 6 - Economic Vitality Campaign 7 - Quality Services Transmitted herewith for your approval is legislation to amend the Official Map by dedicating as public right-of-way the street developed in conjunction with the Outer Loop Industrial Subdivision and the naming of that street as Vanguard Parkway. The Outer Loop Industrial Subdivision consists of roughly 26 acres located at the former Emerson Street landfill site near Colfax Street. The Outer Loop Subdivision Infrastructure Project includes the installation of a cul-de-sac roadway and related public improvements. On July 2, 1997, City Council approved the sale of 7.687 acres of land to JADA Precision Plastics, the first tenant to move into the subdivision, and on April 8, 2003, Council authorized the sale of 13.358 acres to Klein Steel. The sale of a 3.894 acre parcel to XLI Corporation was authorized by Council at the May 13, 2003 meeting.

The street naming was presented to the City Planning Commission on May 19, 2003 and the Commission recommended by a vote 4-0-0 in favor of the proposed naming of the proposed street. A public hearing on the dedication and naming is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-79 Ordinance No. 2003-181 (Int. No. 212) Amending The Official Map By Dedication Of Vanguard Parkway In The Outer Loop Industrial Subdivision 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 parcel to street purposes and naming said parcel Vanguard Parkway: All that tract or parcel of land containing 1.286 acres, more or less, situate in the City of Rochester, County of Monroe, State of New York, as shown on a map entitled “Resubdivision Map of Lot 2” Western Gateway Industrial Subdivision, prepared by The Sear-Brown Group, Inc., of Rochester, New York, dated January 26, 2000, and having drawing No. 14360.01 SU-1, and being more particularly bounded and described as follows: Beginning at a point on the existing southerly right-of-way line of Emerson Street (80ʼ R.O.W.), said point also being the northeast property corner of lands owned now or formerly by Rochester Gas & Electric Corporation; thence 1. N 89°50ʼ30” E, along said southerly rightof-way line of Emerson Street, a distance of 75.00 feet to a point; thence 2. S 44°51ʼ26” W, a distance of 21.22 feet to a point; thence 3. S 00°07ʼ38” E, a distance of 235.03 feet to a point of curvature; thence 4. Southerly, along a curve to the left with a radius of 267.00 feet and a delta angle of 30°00ʼ00”, a distance of 139.80 feet to a point of tangency; thence 5. S 30°07ʼ38” E, a distance of 220.00 feet to a point of curvature; thence 6. Southerly, along a curve to the left with a radius of 100.00 feet and a delta angle of 40°07ʼ09”, a distance of 70.02 feet to a point of reverse curvature; thence 7. Southerly, westerly and northerly, along a curve to the right with a radius of 70.00 feet and a delta angle of 260°14ʼ18”, a distance of 317.94 feet to a point of reverse curvature; thence

Page 196 8. Northerly, along a curve to the left with a radius of 100.00 feet and a delta angle of 40°07ʼ09”, a distance of 70.02 feet to a point of tangency; thence 9. N 30°07ʼ38” W, a distance of 220.00 feet to a point of curvature; thence 10. Northerly, along a curve to the right with a radius of 327.00 feet and a delta angle of 30°00ʼ00”, a distance of 171.22 feet to a point of tangency, said point also being the southeast corner of the aforesaid Rochester Gas & Electric Corporation lands; thence 11. N 00°07ʼ38” W, along the east property line of the aforesaid Rochester Gas & Electric Corporation lands, a distance of 250.00 feet to the Point or Place of Beginning. Subject to any easements or encumbrances of record. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-182 Re: Zoning Map Amendment 1991 Lake Avenue R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the Zoning Map by rezoning a 50ʼ x 118.52ʼ portion of the property at 1991 Lake Avenue fronting on Merrill Street from T-P Transitional Parking to R-1 Low Density Residential district. Most of the property at 1991 Lake Avenue was developed as a parking lot for Eastman Kodak Company except for the 50ʼ x 118.52ʼ portion of the lot. The parcel currently consists of lawn area. The affected lot is bordered to the north, east and west by R-1 Residential district and to the south by T-P Transitional Parking district. Eastman Kodak Company, which also owns the adjoining single-family residence at 183 Merrill Street, proposes to rezone the affected portion of the lot to R-1 Low Density residential. The proposed rezoning will enable the applicant to combine the affected 50ʼ x 118.52ʼ lot with the residential property at 183 Merrill Street. The two combined lots will be sold for single-family residential use. On April 28, 2003, the Planning Commission held an informational hearing; one person spoke in support of the application. By a vote of 4-0, the Commission recommended approval of the requested rezoning. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, as lead agency, has determined that the proposal will not result in any significant effects and has issued a negative declaration.

TUESDAY, JUNE 17, 2003 A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-80 Ordinance No. 2003-182 (Int. No. 213) Changing The Zoning Classification Of 1991 Lake Avenue From T-P Transitional Parking To R-1 Low 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 followingdescribed property, constituting 1991 Lake Avenue, from T-P Transitional Parking to R-1 Low Density Residential: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York and being more particularly bounded and described as follows: Beginning at the point of intersection of the centerline of Merrill Street and the northerly extension of the westerly line of Lot 10 of the Saint Annʼs Home Subdivision as shown on a map of said subdivision filed in the Monroe County Clerkʼs Office in Liber A of maps at page 14; Thence 1) Southerly along said extension and the westerly line of said Lot 10 a distance of 139.26 feet to the southwest corner of said Lot 10; Thence 2) Easterly along the southerly line of said Lot 10 a distance of 50 feet to a point; Thence 3) Northerly along the easterly line of said Lot 10 and itʼs northerly extension a distance of 139.26 feet to the centerline of Merrill Street; Thence 4) Westerly along the centerline of Merrill Street a distance of 50 feet to the point or place of beginning. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 214 Re: Zoning Map Amendment 17-57 Bay Street/238 Portland Avenue R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the Zoning Map by rezoning five properties at 17-35 Bay Street, 45 Bay Street, 49 Bay Street, a portion of 57 Bay Street and 236-238 Portland Avenue from R-2 Medium Density Residential to C-1 Neigh-

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TUESDAY, JUNE 17, 2003 borhood Center district. The affected properties are bordered to the north by R1 Residential, to the south and east by R-2 Residential and to the west by Open Space district. Owners of the affected properties signed the application consenting to the rezoning of their properties to C-1 Neighborhood Center district. The affected properties are legal for use as follows: 17-35 Bay Street 45 Bay Street ing 49 Bay Street 57 Bay Street 236-238 Portland Avenue rage

car wash seven-unit apartment buildcollision shop vacant residential land store and an auto repair ga-

The proposed rezoning will enable the applicant, who owns the properties at 49 and 57 Bay Street, to utilize the front portion of the parcel at 57 Bay Street for the storage of vehicles associated with a proposed towing operation. If the rezoning is approved, the establishment of a towing operation at 57 Bay Street would still require a use variance. Under the current R-2 district regulations, there is no relief available that would allow the establishment of the towing operation or any other commercial use onto the lot at 57 Bay Street. Under the R-2 zoning, the lot at 57 Bay Street could be developed as an ancillary parking lot for use by the collision shop operation. The storage of towed vehicles would not be permitted and the parking lot use would be limited to the parking of employee or customer vehicles associated with the nonconforming collision shop. If rezoned, except for the retail store at 236-238 Portland Avenue, the other uses of 17-49 Bay Street and 236-238 Portland Avenue would be nonconforming uses in the C-1 district. On April 28, 2003, the Planning Commission held an informational hearing; one person spoke in support of the application. By a vote of 4-0, the Commission recommended approval of the requested rezoning. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, as lead agency, has determined that the proposal will not result in any significant effects and has issued a negative declaration.

AVENUE, FROM R-2 MEDIUM DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD 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-described property, constituting 17-35, 45, 49 and a portion of 57 Bay Street, and 236-238 Portland Avenue, from R-2 Medium Density Residential to C-1 Neighborhood Center: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York being more particularly bounded and described as follows: Beginning at the point of intersection of the centerline of Bay Street and the intersection of the centerline of Portland Avenue; Thence 1)

Southwesterly along the centerline of Portland Avenue to the westerly extension of the southerly line of lands owned now or formerly by Laurro Properties, Inc. as per a deed recorded in the Monroe County Clerkʼs Office in Liber 8855 of deeds at page 543;

Thence 2)

Southeasterly along said extension and the southerly line of said Laurro Propertiesʼ lands a distance of 183 feet to a point on the dividing line between Lots 14 and 23 of the Davis Tract;

Thence 3)

Northeasterly along said dividing line a distance of 65.03 feet to a point;

Thence 4)

Southeasterly along the southerly line of lands owned now or formerly by Benjamin Bortnick in Liber 8472 of deeds at page 478 a distance of 114.57 feet more or less to the centerline of Sigel Street;

Thence 5)

Northeasterly along the centerline of Sigel Street to the westerly extension of the southerly line of lands owned now or formerly by Kenneth Schimpf as per a deed recorded in the Monroe County Clerkʼs Office in Liber 8999 of deeds at page 238;

Thence 6)

Easterly along said extension and the southerly line of said Schimpf lands and along the southerly line of Frank Adams Jr. lands as per a deed recorded in the Monroe County Clerkʼs Office in Liber 3867 of deeds at page 377 to the southeast corner of said Adamsʼ land;

Thence 7)

Northeasterly through an adjacent parcel owned by Frank Adams Jr. to the easterly line of lands conveyed to said Adams as per a deed recorded in the Monroe County Clerkʼs Office in Liber 8465 of

A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Douglas moved to return Introductory No. 214 to committee. The motion was seconded by Councilmember Norwood. The motion was adopted unanimously. Introductory No. 214 CHANGING THE ZONING CLASSIFICATION OF 17-35, 45, 49 AND A PORTION OF 57 BAY STREET, AND 236-238 PORTLAND

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TUESDAY, JUNE 17, 2003 deeds at page 441;

Thence 8)

Northerly along the easterly line of said Adamsʼ lands a distance of 115 feet to the southerly line of Bay Street;

Thence 9)

Continuing northerly on the extension of the easterly line of said Adamsʼ lands to the centerline of Bay Street;

Thence 10) Westerly along the centerline of Bay Street to the centerline of Portland Avenue. Section 2. This ordinance shall take effect immediately. Held. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2003-183 Re: Zoning Text Amendments R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the Zoning Code, Chapter 120 of the City Code, by revising various sections of the text relating to zoning procedures, definitions, setbacks, site design and other requirements. The listing of proposed changes is attached. The new Zoning Code was adopted on October 16, 2002 and went into effect on January 1, 2003. Since it went into effect, zoning staff and others have identified various Code provisions that are either unclear, contain errors or require reformatting. The changes are primarily editorial improvements of the text rather than substantive changes in content. The City Planning Commission held an informational meeting on the amendments on April 28, 2003; one person spoke in support of the request. By a vote of 4-0-0, the Commission recommended approval. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, the Mayor of the City of Rochester, as lead agency, issued a Positive Declaration on June 14, 1999 on the revision of the Zoning Code. A DGEIS and FGEIS were prepared, filed and accepted pursuant to the requirements of the State Environmental Quality Review Act. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AC-81.

Ordinance No. 2003-183 (Int. No. 215, As Amended) Amending Chapter 120 Of The Municipal Code, The Zoning Code 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 as follows: 1) Replace the existing R-1 District purpose statement in §120-7 with the following: The R-1 Low-Density Residential District preserves the Cityʼs low-density residential areas that are characterized predominantly by owner-occupied, single-family detached homes. These R-1 neighborhoods, all of which are unique in their character and scale, are similar in that they are characterized by single-family homes and unobstructed front yards. The district requirements promote and protect the quality of urban residential living of the existing residential neighborhoods. The R-1 Low-Density Residential District is intended to maintain residential areas at relatively low densities. The R-1 district is a distinct urban area that is characterized predominantly by owner-occupied, singlefamily detached and attached homes but often contains a diverse mix of other preexisting higher density residential uses. Each R-1 neighborhood is unique in character composition and scale. The district requirements protect the existing neighborhoods from undesirable uses and residential conversions. 2) Add Home Occupations to the Permitted Use lists in the R-1, R-2 and R-3 Districts in §120-8G; 120-17H; 120-26L: Home Occupations, subject to the Additional Requirements for Specified Uses in §120139. 3) Amend the front yard setback requirement in the R-1, R-2 and R-3 Districts in §120-11C(1)(a)[1]; 120-20C(1)(a)[1] and 120-28C(1)(a)[1]: 1] Minimum front yard setback, principal and accessory uses and structures: average front yard depth of building(s) on the block on which the property is located or 20 feet, whichever is more, but in no case more than five feet larger than the average of the front yard depth on of buildings on the two adjoining lots. 4) Refer Ancillary parking lots in all zoning districts in §120-9A, 120-18B; 120-27B;120-35G; 120-43D; 120-50Y; 120-76B(1); 120-81M to Additional Requirements for Specified Uses.

Councilmember Norwood moved to amend Introductory No. 215.

Ancillary parking lots, subject to the Additional Requirements for Specified Uses in §120-131.

The motion was seconded by Councilmember Douglas.

5) Refer Adaptive reuse of designated Landmarks in all affected districts in §120-18A and 120-27A to §120-130:

The motion was adopted unanimously.

Adaptive use of designated landmarks,

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TUESDAY, JUNE 17, 2003 subject to the Additional Requirements for Specified Uses in §120-130. 6) Refer Live-work space in all affected districts in §120-18G; 120-26E; 120-34C; 120-42C; 120-50B; 120-82A(2) to proposed new Section 120-142.1 where new requirements are proposed to regulate such uses as follows: Live-work space, subject to the Additional Requirements for Specified Uses in §120142.1. 7) Amend the minimum building height in C-1 in §120-37A(1): Minimum building height, principal use or structure: two stories or 25 feet 20 feet. 8) Amend drive-thru uses in §120-43G; 120-50S; and 120-50T to §120-136 : Drive-thrus, subject to the Additional Requirements for Specified Uses in §120-136. 9) Amend the height limits in the C-2 District in §120-45A(1) and (2): (1) Minimum building height, principal use or structure: 2 1/2 stories but not to exceed 35 feet or twenty (20) feet. (2) Minimum Maximum building height, detached accessory use or structure: 25 feet. 20 feet. 10) Amend permitted auto related use provisions in the C-3 district in §120-50X: X. Automotive-related uses, including car washes, vehicle service stations, vehicle sales, vehicle rental services, vehicle repair stations including commercial vehicle repair, and vehicle sales accessory to vehicle 11) To amend the provisions of the PMV District in §120-76B(4) and §120-76D(1): §120-76B(4). (4) (5)(4)

Public and semipublic uses. Public utilities, subject to the additional requirements for specified uses in §120-144.

§120-76D(1) (1) Building heights. (a) Minimum building height, principal use or structure: 2 1/2 stories but not to exceed 25 or 20 feet. (b) Minimum Maximum building height, detached accessory use or structure: 25 20 feet. 12) To amend the H-V height requirements in §12077D(1)(a) and (b): (b) Nonresidential uses. [1] Minimum building height, principal use or structure: two stories or 25 20 feet. [2] Maximum building height, detached accessory use or structure: 15 20 feet.

13) To amend the M-1 district vehicle sales and rental requirements in §120-81 H and J: H Vehicle sales, subject to the Additional Requirements for Specified Uses in §120-153. J.

Commercial vehicle repair stations, subject to the Additional Requirements for Specified Uses in §120-153.

14) To amend the M -1 limited use provisions in §120-82B: §120-82B B. Retail and retail services When developed in conjunction with approved industrial uses, the following uses provided such limited uses constitutes no more than 10% of the developed floor area of the project or. Such limited uses shall be located, arranged and integrated within the development to serve primarily the shopping and service needs of employees and businesses in and near the M -1 District. When developed in conjunction with approved industrial uses, the following limited uses are allowed: 15) To amend the O-B District regulations in §120105C(1), 120-106D: C. Commercial uses when limited to the following: (1) Offices excluding clinics. D. Accessory outdoor seating areas to permitted uses. 16) To amend the O-O District regulations in §120113B(1): (1) Offices excluding clinics. 17) To amend the U-R District regulations in §120120, 120-120D(3)(b)(6) and 120- 121A,C and D as follows: §120-120. Zoning designations and modifications. ...No sexually oriented business shall be established in any urban renewal development district ... §120-120D(3)(b)[6] [6] Maximum building height: two stories or 30 feet. §120-121. Urban Renewal District procedures. The following procedures for site plan review, variance and amendment shall apply in all Urban Renewal Districts: A. ...Prior to making a determination, the Director of Zoning shall transmit such plans to the Secretary of the Urban Renewal... C. Amendment. This section article may be amended ... D. Design review. All development and

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TUESDAY, JUNE 17, 2003 redevelopment in U-R Districts shall be subject to the city-wide design guidelines and standards in Article XIX and the Requirements Applying to All Districts set forth in Article XX except where modified by the land use regulations of the Urban Renewal Plans. When located in the CCD, only the requirements set forth in Article IX shall apply.

18) To amend homeless residential facilities in §120140C: C. In residential structures, only habitable rooms originally designed as bedrooms shall be used for lodging. 19) To add proposed new section §120-142.1 Livework space: §120-142.1 LIVE-WORK SPACE Live-work spaces shall be subject to the following requirements: A. Uses shall include but not be limited to studios for artists, crafters, photographers, composers, writers and other uses of similar impact and intensity the like. B. Studio uses shall be conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building. C. Retail sales is prohibited, except The the display or sale of art objects produced on-site in association with the live-work space which is allowed if incidental and secondary to the studio use. D. Live-work space is limited to occupant (s) of the dwelling. No employees are allowed in the conduct of the profession, occupation or trade. 20) To amend the vehicular parking requirements chart in §120-173C(1): Shopping center, planned business

3 per 1,000 square feet net floor area development

21) To amend the specified vehicle sales requirements §120-153A,B and proposed H: §120-153. Vehicle sales. areas. Vehicle sales areas shall be subject to the following requirements: A. No such use vehicle sales or storage area shall be located within 50 feet of any residential district boundary line.

sales. 22) To amend City-wide Design Standards in §120158A(1) and 120-158E: A. Building elevations. (1) Any facade facing a sidewalk, public right-of-way, public street, waterway or open space district shall have an active building elevation... E. Mechanical and electrical equipment and open storage areas. 23) To amend the residential building standards in §120-160 A and D: A. Building context and compatibility. New infill single-family, and two-family, attached dwelling units, and additions to such shall be constructed to be ... D. Commercial and mixed-use buildings. 24) To amend accessory uses and structures requirements in §120-163A(2), §120- 163B(11), (12),(14), proposed (15) and §120-163D proposed (3): §120-163A(2) (2) Attached residential garages, and carports, decks and terraces located in the side and rear yard. §120-163B(11), (12),(14) (11) Storage structure, one, incidental to a permitted use located in the rear yard. only in the C-1, C-2, H-V and PMV Districts. (12)Structures for storage incidental to a permitted use located in the rear yard only in the C-3 and M-1 Districts. (Renumber 12-15) (14)Walk up service windows facing any public right-of-way when accessory to a permitted commercial retail sales and service use. when associated with a legal retail operation. Proposed §120-163B(15) (16)Handicapped ramps in the side or rear yard, provided the ramp does not obstruct access to required parking. Proposed §120-163D(3) (3) The storage or parking of commercial vehicles on any residentially developed property in a residential zoning district other than in a completely enclosed building.

B. Outdoor vehicle sales and storage areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, etc.

25) To amend the requirements for fences and walls in §120-167B(4),(5), and proposed 120-167 B(6):

H. A sales office structure shall be located on the same lot as the vehicle

(4) In no event shall fence or wall in nonresidential districts abutting residential

§120-167 B(4)

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TUESDAY, JUNE 17, 2003 districts exceed six(6) feet in height. Within nonresidential districts no fence shall exceed eight (8) feet in height. Proposed §120-167 B(4) (5) Within residential and commercial districts, no fence, or wall, other than a necessary retaining wall, over three feet in height shall extend into the front yard of any lot, other than a necessary retaining wall. Proposed §120-167 B(5) (6) Within nonresidential districts, no fence or wall shall be constructed in the required front yard or within ten (10) feet of any street frontage, whichever is more, except a decorative fence or wall of no more than three feet in height may be installed in conjunction with landscaping. 26) To amend the flood plain regulations in §120168: The following requirements shall apply to any use of special flood ...... Such applications shall be forwarded to the Monroe County Department of Planning and Development and the Genesee Finger Lakes Regional Planning Council for review and comment and, in the case that the applicant proposes to alter or relocate a water course, the Director of Zoning shall notify adjacent ... 27) To amend the landscaping requirements in §120-169A(1)(a), §120-169BA(8) and §120169C(4): §120-169A(1)(a) (1) The following minimum ground area of the total lot area shall be landscaped: (a) Commercial uses: 15% 10% of the site. §120-169BA(8) (8) The Director of Zoning may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an Alternative Landscaping Plan. §120-169C(4) (4) The Director of Zoning may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an Alternative Landscaping Plan. 28) To amend Parking Demand Analysis and Maximum Number of Parking Spaces requirements in proposed §120-173B(3) and §120-173D: §120-173B(3) (3) Parking Demand Analysis. For uses expressly listed in this section requiring parking demand analysis, such analysis

will include, at a minimum: (a) The anticipated number of parking spaces needed to accommodate the proposed use. (b) How the parking spaces are accommodated (on site, public lots, on street, etc.). (c) Rationale supporting the necessity for the requested number of for additional parking spaces. (d) Analysis of existing parking conditions. (e) The typical peak -to- daily demand of the proposed use. (f) Analysis of parking demand of comparable uses. §120-173D D. Maximum number of parking spaces and parking demand analysis. No use other than single, two-family and attached residential uses, subject to the per unit requirements in §120-173F, shall provide more than 110% of any of the abovelisted requirements, except through the submittal submission of a parking demand analysis in accordance with §120-173B and approval of a special permit in accordance with §120-192. The parking demand analysis will include, at a minimum: (1) The anticipated number of parking spaces needed to accommodate the proposed use. (2) How the parking spaces are accommodated (on site, public lots, on street, etc.). (3) Rationale for additional parking spaces. 29) To amend the general parking requirements in §120-173F(1)(b),(e), (g) and (h): §120-173F(1)(b) Parking for single family, two-family and attached dwellings in all districts residential uses shall be limited to no more than three (3) vehicles for each dwelling unit. No parking for such residential uses shall be located in the required side or front yard setback except in a legal driveway that provides access to the rear yard, or a detached or attached garage. §120-173F(1)(e) (e) Customer or employee Parking for nonresidential uses shall not be located within 10 feet of any residential district or use, except where a solid screening wall at least six feet in height is placed on the lot line with vehicle stops or a bumper to ensure the integrity of the fence, in which case no setback shall be required.

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§120-173F(1)(g) (g) Parking lots and parking areas shall be screened from abutting residential uses and districts with solid screening a minimum height of six feet. An earth berm may be credited toward the required height. §120-173F(1)(h) (h)(g)

A study shall be ....

30) To amend the parking lot landscaping requirements in §120-173F(2)(e), (f) and (g): §120-173(2) Parking lot landscaping. In addition to the standards of §120-169, the following shall apply: §120-173F(2)(e),(f) and (g) (e) A minimum of one landscaped area with a minimum size of 200 162 square feet (approximately 10 9 feet by 20 18 feet) shall be provided for every 15 parking spaces and developed as islands within the parking surface area. Alternatives to this requirement may be considered in an Alternative Landscaping Plan as set forth in §120-169. (f) Parking lot stops shall include permanent consist of durable material, such as concrete, masonry, metal or rubber. In no case shall wooden stops be used. (g) All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section and or any approvals issued per this section. 31) To amend parking lot design standards in 120173F(3)(a): (a) The following minimum standards shall apply to the width and length of required parking spaces. These requirements may be amended modified for various uses including valet parking lots or vehicle sales storage and sales areas lots where the Director of Zoning has obtained plans verifying that stacked parking will not produce streetscape or on and off-site traffic impacts. written proof from the applicant that the lot will provide valet parking

34) To amend the surface requirements for parking lots in §120-173F(6)(c): (c) The use of interior catch basins or a similar system linked to the Monroe County Pure Waters District facilities or a similar system shall be approved by the Manager of Plan Review. shall be required. 35) To amend the Alternate Sign Program requirements in §120-177K: K. Alternative sign program. In order to provide an imaginative, effective, visually compatible plan for all signs on a property, a property owner may submit a sign program containing provisions different from the design standards requirements in §120-177D through F listed in this section. 36) To amend the requirements for site grading in §120-178A and proposed §120-178D:

Planting areas

Maximum Slope

2%

12% 25%

D. The Director of Zoning may waive these requirements through Minor Site Plan Review as outlined in §120-191D if the overall objectives of the ordinance are met and the general character of the area and community goals are protected. 37) To amend City Planning Commission procedures in §120-184E: (3) Procedures. The Planning Commission shall adopt its own rules of procedure for the conduct of its business consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Commission and the City Clerk. Upon good cause being shown, and consistent with this chapter and New York State Law, the Chairperson may waive any rule. 38) To reformat the Preservation Board meeting requirements in §120-185 E through H: (4)F.

32) To amend the ingress and egress requirements for parking lots in §120-73F(4)(a): (a) Every parking garage and parking lot of ten (10) or more spaces shall be provided with one two-way driveway at least 22 feet in width or two one-way driveways, each at least 11 feet in width.

Meetings, Hearings and Procedures (1)

Meetings.

(5)(2)

Hearings.

(3)

Procedures. The Preservation Board shall adopt its own rules of procedure for the conduct of its business consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Commission and the City Clerk. Upon good cause being shown, and consistent with this chapter and New York State Law.

33) To amend the maneuvering requirements for parking lots in §120-173F(5)(b): (b) Maneuvering space shall be designed to prevent any vehicles from backing into the public right-of-way, with the exception of alleys, and except for one-family, two-family and attached dwellings.

Minimum Slope

F.G.

Preservation Board bylaws. The Preservation Board shall prepare and adopt

TUESDAY, JUNE 17, 2003 bylaws from time to time outlining meeting times and related procedures. The bylaws shall be submitted to the Director of Zoning for review and acceptance. G.H.

Record and decisions.

H.I.

Conflicts.

I.J.

Appeals.

J.K.

Jurisdiction and authority.

39) To amend the Zoning Board procedures in §120186F(3): (3) Procedures. The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business not inconsistent consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Board and the City Clerk. Upon good cause being shown, and consistent with this chapter and New York State Law, the Chairperson may waive any rule. 40) To amend the Zoning Board authorities in §120186K by adding: (6) Subject to the provisions of Chapter 76 of the City Code hereof, to approve or deny Official Map variances. 41) To amend the notification requirements for public hearings in §120-188L(3)(a)[1] and [2]: (a) Mailed notice. [1] The Director of Zoning shall be required to mail the appropriate notices for public hearings to property owners, both within and outside the municipal boundaries of the City of Rochester, within three hundred (300) feet from the property line. [2] Where mailed notice is required, it shall be sent to the applicant, the owner of any property subject of the application as shown in the records of the office of the City Treasurer, the Department of Community Development, the Official Neighborhood Contact and to any other person or persons .... 42) To amend the successive application requirements in §120-188O(1): (1) Whenever any application, appeal or other request filed pursuant to this chapter has been finally denied on its merits or approved subject to specified conditions, a second application, appeal or other request seeking essentially the same relief or a modification of such conditions shall not be brought within two years unless, in the unanimous opinion of the review authority of all members then present on the board before which it is brought, one of the following standards has been met: 43) To add application requirements for a Certificate of Zoning Compliance to §120-189E(1): E. Procedure.

Page 203 (1) Application. Applications for certificates of zoning compliance shall be submitted in a form and in such numbers as required by the Director of Zoning. A nonrefundable fee, as may be established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning may also request such other and further information and documentation deemed or appropriate to a full and proper consideration and disposition of the particular application. Applications shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Director of Zoning, but shall in all instances contain at least the following information or documentation unless any such information or document is expressly waived by the Director of Zoning as not relevant or necessary to determine that all provisions of this chapter have been met in a particular case: (a) The applicantʼs name, address and interest in the subject property. (b) The ownerʼs name and address, if different from the applicant, and the ownerʼs signed consent to the filing of this application. (c) The address or location of the subject property. (d) The present use and zoning classification of the subject property. (e) The proposed use or uses of the subject property and a description of the construction, reconstruction, remodeling, alteration or moving. (f) The certificate of a registered architect or licensed professional engineer or of an owner-designer that the proposed construction, reconstruction, remodeling, alteration or moving complies with all the provisions of this chapter. (g) A site plan, drawn to scale of not less than fifty (50) feet to the inch, on one (1) or more sheets, illustrating the proposed construction, reconstruction, remodeling, alteration or moving and including the following: [1] Property boundary lines and dimensions of the property and any significant topographic or physical features of the property. [2] The location, size, use and arrangement, including height, in stories and feet where relevant, floor area ratio, total floor area and lot and building coverage; and the number and size of dwelling units, by number of bedrooms, of proposed buildings and existing buildings. [3] Minimum yard dimensions and,

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both on a physical evaluation of the streetscape and comments received from the neighborhood.

[4] The location, dimensions, number and slope and gradient of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; the total lot coverage of all parking, loading, driveway and aisle areas; and, where more than ten (10) parking and loading spaces are required, the location of area for snow storage or an indication of an alternative disposal method.

[ii] Impact on available on-street parking.

[5] The location, size, arrangement and sketch showing content and layout of all outdoor signs. [6] The location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening. [7] The location, designation and total area of all usable open space. [h] Any information necessary to determine that conditions imposed by any special approval granted pursuant to this chapter have been complied with. (i) Scaled floor plans. (j) Scaled elevations. (k) Such other and further information and documentation as the Director of Zoning may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. 44) To reformat and amend the Administrative Adjustment procedures in §120-191A(4)(c)[3], proposed §120-191A(4)(e), §120-191A(6), (7) and (8): §120-191A(4)(c)[3] [3] The Director of Zoning shall have the authority to approve an administrative adjustment for a parking area for a residential use in a residential district which: is located within the side yard due to the existing location of the principal building on the property; or, is within the front yard and is limited to one parking space, when new curbs are being installed and the parking area existed before the project was identified in the Cityʼs Capital Plan and no other parking is available on the property. [a] A proposed front or side yard parking area shall be reviewed to ensure that the installation of said area does not have a detrimental impact on the streetscape. Such review shall include an evaluation of the following: [i] Neighborhood characteristics, based

[iii] Impact on trees and other vegetation. [iv] Impact on the historic and/or architectural integrity of the streetscape. [b] When located in a preservation district, the Preservation Board shall have the authority to issue a certificate of appropriateness for front or side yard parking areas as outlined in §120-194. In such cases no administrative adjustment shall be required. The Preservation Board shall apply the above listed standards. §120-191A(4)(e) [e] Does not have a detrimental impact on the streetscape according to the evaluation criteria set forth in §120-191A(4) ( c)[3]. §120-191A(5), (6), (7) and (8) [5] The Director of Zoning shall have the authority to approve an administrative adjustment for additional fencing, not to exceed four (4) feet in height, in the front yard of a property in a residential district, only where such existing fencing has been legally installed. [6] The Director of Zoning shall have the authority to approve an administrative adjustment for chain-link fencing in the front yard in residential districts provided: [a] A substantial number of similar fencing exists on the frontage; and [b] The existing fencing has been legally installed. [7] The Director of Zoning shall have the authority to approve an administrative adjustment for a temporary handicapped facilities, such as ramps, lifts and the like located in the required front yard setback. [7] Relocate to §120-191A(4)( c)[3] [8] Relocate to §120-191A(4)( c)[3] 45) To amend the purpose of the certificate of nonconformity in §120-191B(2) and (3) as follows: (2) Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located. A certificate of nonconformity is required for any nonconforming uses, structures, lots and signs prior to the approval. A certificate of nonconformity shall be required for any nonconforming use, structure, lot and sign in the

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with Neighborhood Design Guidelines adopted pursuant to §120-161.

(3) Criteria for determining intensity of use. A certificate of nonconformity shall be required for any nonconforming use, structure, lot and sign in the City of Rochester prior to the approval of additional applications that may be required. The Director of Zoning shall consider the following in determining the intensity of a use as may be required by the regulations of this chapter pertaining to nonconformities:

[5] The following types of development and redevelopment of:

46) To amend the additional approvals required for certificates of nonconformity in §120191B(4)(b)[2]: [2] Establishment of a use that is of greater intensity than the previous nonconforming use in a structure not designed for a permitted use and as defined in Article XXIV. 47) To amend the procedures for certificates of nonconformity in §120-191B(5)(b) and 120-191B(7) as follows: (b) Action by Director of Zoning. Within 45 days following receipt by the Director of a completed application or such longer time as may be agreed to by the applicant, the Director shall cause such application to be reviewed for compliance with this section and shall inform the applicant whether the application has been approved, approved with restrictions or denied. The failure of the Director to act within 45 days of a completed application shall be deemed a denial. §120-191B(7) (7) Limitation on certificates of nonconformity. A certificate of nonconformity shall become null and void six months after the date on which it was issued unless a building permit and a Certificate of Occupancy is obtained and maintained. 48) To amend the Site Plan Review thresholds in §120-191D(3) (a) and (b): (a) Minor site plan review required. Minor site plan review by the Director of Zoning, or a designee, shall be required for the following: [1] Applications that do not meet the standards in the City-wide Design guidelines Standards set forth in this chapter.

[a] Nonresidential nonconforming use of land and nonconforming uses. [b] Parking lots over 10 spaces whether the principal use or serving a principal use on the same lot that do not meet the requirements for parking lots in §120-173F. [c] More than two loading spaces in any district adjacent to any residential district or the Open Space District. [d] Any loading space which does not meet the dimension requirements specified in §120-172 and any site where loading activity cannot be accomplished on the site. [e] Construction of Any new structure or structures having a total floor area, or covering a contiguous land area, in excess of 20,000 square feet. [f] Projects adjacent to a designated landmark or those abutting a site designated on listed or eligible for listing on the State or National Register of Historic Places. [h] Projects within the OS-Open Space District. [i] A nonresidential use that generates 100 or more peak hour trips, as defined by International Transportation Engineers (ITE) Trip Generation, anywhere in the City. [j] Any outdoor activity area accessory to a nonresidential permitted use. [12]Any development or redevelopment of a nonresidential use that generates 100 or more peak hour trips, as defined by ITE Trip Generation, anywhere in the City. [13]12 Conversion to or from any building devoted to any of the following vehiclerelated uses or the development or redevelopment of any sites devoted to such uses, including: [a] Vehicle service stations.

[2] All exterior alterations to existing buildings or structures and all new construction in the CCD that meet the overall objectives set out for the CCD and include minor deviations from the design criteria.

[b] Vehicle repair, sales, storage, rental, wash or wrecking.

[3] All exterior external structural alterations to existing buildings in the PMV and H-V Village Center Districts that do not meet the specific design standards listed in those districts.

[14]Antennas with a diameter greater than one meter in residential districts and two meters in all other districts.

[4] All applications in the O-S Open Space District. Applications that do not comply

[c] Drive-through facilities and uses. [d] Vehicle storage areas.

[13]Any development or redevelopment resulting in site grading exceeding the maximum slope requirements in §120178.

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(b) Major site plan review required. Major site plan review will be required for any site plan meeting one or more of the thresholds of minor site plan review and one of the following:

(g)(i) The proposed site plan and associated improvements fail to mitigate the projectʼs anticipated traffic impacts.

[1] All Type I actions as identified in §48-4 of the City Code, excluding applications requiring certificates of appropriateness.

(h)(j) The proposed site plan fails to provide for adequate access for emergency vehicles.

[2] Applications in the CCD that meet the overall objectives of the CCD and include major deviations from the design criteria.

(i)(k) The pedestrian and vehicular circulation elements of the proposed site plan unnecessarily, and in specified particulars, create hazards to safety on or off the site., display inadequate connections to surrounding development, disjointed pedestrian or vehicular circulation paths on or off the site.

49) To amend the denial criteria for site plan applications in §120-191D(4) as follows: (4) Denial criteria. The Director shall deny an application on the basis of specific written findings directed to one or more of the following: (a) The application is incomplete in specified particulars or contains or reveals violations of this chapter or other applicable regulations which the applicant has, after written request, failed or refused to supply or correct. (b) In the case of a site plan submitted in conjunction with a planned development district, a cluster development or a special permit, the site plan fails to meet specified standards required by this chapter with respect to such development or use. The proposed site plan interferes unnecessarily, and in specified particulars, with easements, roadways, rail lines, utilities, and public or private rights-of-way. (c) The proposed site plan unnecessarily, and in specified particulars, destroys, damages, detrimentally modifies or interferes with the enjoyment of significant natural, topographic or physical features of the site. (d) The proposed structures unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with the significant design features of the existing buildings and structures on the site. (e) The proposed structures or landscaping unnecessarily, and in specified particulars, bear a poor relationship to the existing physical development of the site or results in an overall development that compromises existing design, parking or landscaping elements. (f) The site design does not comply with ADA requirements. (e)(g) The proposed site plan unnecessarily, and in specified particulars, is injurious or detrimental to the use and enjoyment of surrounding property, including proposed lighting that would be intrusive to neighbors. (f)(h) There is inadequate infrastructure

(j) The proposed site plan fails to promote alternative modes of transportation, creating undue dependence on automobile travel or undue interference and inconvenience to pedestrian travel. (k)(l) The proposed structures or landscaping unnecessarily, and in specified particulars, is are lacking amenity in relation to, or is incompatible with, nearby structures and uses. (l)(m) Based on recognized standards, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance. The proposed site plan unnecessarily, and in specified particulars, is lacking amenity in relation to, or incompatible with, nearby structures and uses. (m)(n) The proposed site plan unnecessarily, and in specified particulars, creates drainage or erosion problems. (n) The proposed structures or landscaping unnecessarily, and in specified particulars, bears a poor relationship to the existing physical development of the site or results in an overall development that compromises existing design, parking or landscaping elements through inappropriate location on the site. (o) The site design does not comply with ADA requirements. (p)(o) The proposed structures unnecessarily, and in specified particulars, are incompatible with or lacking in amenity in relation to existing uses on the site or existing building materials, roof shapes and fenestration on the site. (q)(p) The design of building facades and appurtenances fails to ensure visual compatibility with the buildings, public ways and places to which such elements are visually related. The proposed site plan fails to contribute to existing pedestrian oriented rights-of way and unnecessarily, and in specified particulars, is lacking in amenity in relation to the public realm and streetscape.

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TUESDAY, JUNE 17, 2003 (r)(q) The application proposed site plan detrimentally impacts the visual and public physical access to and along the waterfront. (s)(r) In the CCD, the proposed site plan is contrary to, or fails to meet, the principles and objectives of the Center City Master Plan as enumerated in §120-58 of this chapter. 50) To amend the requirements for the referral of site plan to the Planning Commission in §120191D(9)(a): (9) Referrals and appeals. (a) Referrals of a decision by the Director of Zoning on a site plan review application shall be taken to the City Planning Commission within 30 days of the decision. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with §120-188. The Commission shall review the application in accordance with the denial criteria set forth in §120-191D(4) and shall render a decision within thirty (30) days following the conclusion of the public hearing. The failure of the Commission to act within 30 days, shall be deemed an endorsement of the decision of the Director of Zoning. 51) To amend the special permit provisions in §120192B(6):

§120-194A(4)(d) (d) Parking areas in the side and front yard shall require a certificate of appropriateness subject to the criteria set forth in §120-191A(4). §120-194A(7)(d)[6] [6] Within five ten (10) business days following the Boardʼs or such committeeʼs action or its failure to act within the specified time frame, the Director of Zoning shall mail notice of such action to each of the persons entitled to such notice pursuant .... 56) To amend and reformat the standards for area variances in §120-195B(4)(a) and (b)[5]: (a) [5] Any City-wide or Village Center design standard. (b) An area variance shall be granted only if the applicant establishes the existence of each of the following conditions: evidence is presented that establishes that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. The following standards shall be considered: [1]

Benefits. The benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant.

[1][2]

Essential character of the area. Whether an No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

[2][3]

(e) For special permit applications in the O-A Overlay-Airport District , the Planning Commission shall weigh the considerations outlined in §120-96.

No other remedy. Whether the The benefit sought by the applicant can not be achieved by some method feasible for the applicant to pursue, other than the area variance.

[3][4]

Significance. Whether the The requested area variance is not substantial.

53) To amend the special permit procedures in §120192B(4)(c)[2]:

[4][5]

Physical and environmental conditions. Whether the The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

[5][6]

Not self-created. Whether the The alleged difficulty was not self-created, which the consideration of which shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.

(6) Effect of issuance of a special permit. The issuance of a permit for a special permit shall not alone authorize the establishment or expansion of any use nor the development, construction, ... 52) To amend the Special Permit Standards in §120192B(3) by adding (d) and (e): (d) For special permit applications for any use of special flood development within a special flood hazard area, the Planning Commission shall weigh the considerations of the Floodplain Regulations set forth in §120-168.

[2] The failure of the Commission to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. 54) To amend the requirements for the adoption of Neighborhood Design Guidelines in §120192C(1) as follows: (1) Authority. The Planning Commission shall have the authority to adopt neighborhood design guidelines as outlined in §120-192161. 55) To amend the Certificate of Appropriateness procedures in §120-194A(4)(d) and §120194A(7)(d)[6]:

57) To amend the Zoning Board procedures in proposed §120-195B(6)(c)(2),120- 195B(6)( c )(3): Proposed §120-195A(6)

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(6) Stay of proceedings. An appeal shall stay all proceedings in the furtherance of the action appealed from, unless the Director of Zoning certifies to the Board of Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the Supreme Court on application, upon reasonable written notice to the Director of Zoning and on due cause shown. Renumber (6) as (7) §120-195B(6)(c) [2] and [3]

credible evidence that the use has not been discontinued or abandoned. For the purpose of this section, the Director of Zoning shall consider the following circumstances, which shall not be exclusive, shall contribute towards evidence of discontinuance or abandonment of a use: (5) Prior to a determination by the Director of Zoning, based upon evidence of any of the above circumstances or other relevant evidence that a nonconformity has been discontinued or abandoned, the owner or operator shall have the opportunity to apply for a certificate of nonconformity and thereby establish by relevant and credible evidence that the use has not been discontinued or abandoned. (6)(5)

[2] Within 62 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision, approving or denying the variance, in the manner and form specified by §120-188186. The failure of the Board to act within 62 days shall be deemed a denial of the variance.

61) To amend nonconforming accessory uses and structures in §120-199H:

[3] Within five ten (10) business days following such decision or the expiration of such period, the Director of Zoning shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to §120-188 186 and file such decision in the office of the City Clerk.

A. In any district in which single-family dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space and bulk requirements of the district in which it is located may be erected on a nonconforming lot. This includes construction of a single-family dwelling on any lot less than 40 feet in width, consisting entirely of one tract of land of not less than 4,000 square