council - City of Rochester

council - City of Rochester

PROCEEDINGS OF THE COUNCIL OF THE CITY OF ROCHESTER 2002 ROCHESTER, NEW YORK, Officials 2002 William A. Johnson, Jr. Mayor Robert J. Meyer(1) Jef...

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PROCEEDINGS OF THE

COUNCIL

OF THE CITY OF ROCHESTER 2002

ROCHESTER, NEW YORK,

Officials 2002 William A. Johnson, Jr. Mayor Robert J. Meyer(1)

Jeffrey T. Carlson Deputy Mayor

Assistant to the Mayor

William R. Faucette, Jr.

(2)

Richard W. Hannon(3)

Chief of Staff

Assistant to the Mayor Budget Director Acting Director of Human Resource Management

Marisol Lopez(4)

Bridgette D. Burch-White

Chief of Staff

William J. Ansbrow

Director of Communications

(5)

Budget Director

Thomas R. Argust

Linda S. Kingsley Corporation Counsel

John M. Merklinger

Commissioner of Community Development

Director of Emergency Communications

R. Fashun Ku

Vincent J. Carfagna

Edward J. Doherty

Wendell L. Bellamy(6)

Commissioner of Economic Development Commissioner of Environmental Services

Floyd A. Madison Fire Chief

Richard Panz

Director of Finance

Director of Human Resource Management

Terrance Borshoff(7)

Neighborhood Empowerment Team Director

Rodric Cox-Cooper(8)

Library Director

Neighborhood Empowerment Team Director

Loretta C. Scott

Robert J. Duffy

Commissioner of Parks, Recreation & Human Services

Police Chief

(1) Retired September 27, 2002. (2) Resigned February 1, 2002. (3) Budget Director through March 14, 2002; Acting Director/HRM through October 22, 2002; Assistant to the Mayor effective February 7, 2002. (4) Effective February 4, 2002. (5) Acting Budget Director through March 14, 2002; Budget Director effective March 15, 2002. (6) Effective October 23, 2002. (7) Retired April 7, 2002. (8) Effective April 8, 2002.

Members of Council 2002 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 ..................................................................................31 Menlo Place, 14620 Councilmember-at-Large Wade S. Norwood ......................................................................74 Appleton Street, 14611 Councilmember-at-Large Robert J. Stevenson..................................................................77 Albemarle Street, 14613 Councilmember, Northwest District Tony M. Thompson ..................................................................... 105 Depew Street, 14611 Councilmember, South District

City Clerkʼs Office 2002 Carolee A. Conklin.............................................................................................. City Clerk Daniel B. Karin ...................................................................................... Deputy City Clerk Birth A. Wright................................................................................... Legislative Assistant Rebecca M. McNamara ..................................................................... Legislative Assistant Geraldine Agnello ........................................................................ Administrative Assistant Bernard J. Christopher .............................................................. Legislative Aide Part-time Candice A. Bianchi ................................................................................................Clerk III Betsy P. Indivino ..............................................................................................Receptionist (1)

Dorothy A. Sullivan .............................................................. Legislative Clerk Part-time Carol A. Supernault.................................................................. Legislative Clerk Part-time Laila M. Velazquez .............................................................. Clerk III w/Typing-Bilingual (1) Hired July 1, 2002.

Standing Committees of The City Council January 2 - August 28, 2002 Parks, Public Works, and the Environment Stevenson, Curran, Thompson

Public Safety, Services and the Arts Douglas, Stevenson, Thompson

Housing and Community Development Norwood, Douglas, Griswold

Economic Development and Government Efficiency Mains, Curran, Griswold

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 29 - December 31, 2002 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.

Page 1

WEDNESDAY, JANUARY 2, 2002 ORGANIZATION MEETING January 2, 2002 4:00 P.M. Present - Presiding Officer Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Absent - 0. The Presiding Officer 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. By Councilmember Norwood Resolution No. 2002-1 Resolution For The Nomination And Selection Of A President For The Rochester City Council BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council of the City of Rochester nominates and selects Lois J. Giess as President for the years 2002-03. Section 2. These actions shall take effect immediately. Adopted unanimously. By Councilmember Stevenson Resolution No. 2002-2 Resolution For The Nomination And Selection Of A Vice President For The Rochester City Council BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council of the City of Rochester nominates and selects Gladys Santiago as Vice President for the years 2002-03. Section 2. These actions shall take effect immediately. Adopted unanimously. By Councilmember Giess Resolution No. 2002-3 Resolution For The Selection And Appointment Of The City Clerk

Resolution No. 2002-4 Resolution Adopting The Rules Of Council BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby adopts the following Rules of Council, for the years 2002-03. I. REGULAR MEETINGS - Regular meetings of the Council of the City of Rochester shall be held in the Council Chambers, City Hall, at 8:00 P.M., on the following dates in 2002: January 15 February 12 March 19 April 16 May 14 June 18 July 23 August 20 September 17 October 15 November 19 December 17 and also at such other times as the Council may by adjournment to a day certain appoint. The regular meeting schedule for 2003 shall be established in a resolution adopted in 2002. When the date for a regular meeting falls on a legal holiday the meeting shall be held on the following day. II. SPECIAL MEETINGS - Special meetings may be called at any time by the Mayor, the President of the Council, or any three Councilmembers. The City Clerk shall cause the written notice thereof, specifying the object of the meeting, to be served upon each member personally or to be delivered at the memberʼs usual place of residence at least twenty-four hours before the time fixed for such meeting, except that if such notice is served prior to 5:00 P.M., the time for the special meeting may be fixed at any time after 9:00 A.M. the following day. Councilmembers may waive service of such notice in writing. At such special meeting no business other than that named in the notice of the meeting shall be transacted. III. EXECUTIVE MEETINGS - Whenever the Council or a duly constituted committee thereof shall determine to transact business in an executive session, it shall do so in accordance with the provisions of the Open Meetings Law, and the presiding officer shall direct all persons except members and designated officers of the City to withdraw. IV. QUORUM - The majority of the Councilmembers shall constitute a quorum; but a smaller number may adjourn from day to day.

Section 1. The Council of the City of Rochester hereby selects and appoints Carolee A. Conklin as the City Clerk for the years 2002-03.

V. PRESIDING OFFICER - The President of the Council, and in the Presidentʼs absence, the Vice President, shall preside over the meetings of the Council. In the absence of both the President and the Vice President, the City Clerk shall call the meeting to order and the Council shall appoint as presiding officer a President pro tempore.

Section 2. These actions shall take effect immediately.

VI. ORDER OF BUSINESS - The following shall be the order of business at regular meetings:

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

Adopted unanimously.

By Councilmember Curran

1. Roll Call.

Page 2

WEDNESDAY, JANUARY 2, 2002

2. Prayer. 3. Approval of the minutes of the preceding meeting or meetings.

that any speaker is violating any of the Rules of Council, the President, in the Presidentʼs discretion, may cause the meeting to be recessed.

4. Communications to the Council from the Mayor, President of the Council, other corporate officers, boards and departments and miscellaneous communications.

Any person may also speak at meetings of duly constituted committees of the Council at the invitation of the Chairperson and upon such terms and conditions as the Chairperson may, from time to time, prescribe.

5. Presentation and reference of petitions and remonstrances.

VIII. ROLL CALL VOTE - On the passage of every ordinance which is not adopted by unanimous vote, on the passage of any ordinance authorizing the issuance of bonds and notes, on the selection of any officer other than by unanimous vote, and on the enactment of any local law, the individual vote for or against the particular legislation before Council shall be entered in full upon the journal. In the case of an abstention from a vote, any member who abstains from voting shall state publicly the reasons for such abstention: such reasons shall be entered in full upon the journal.

6. Public Hearings. 7. Introduction of an action upon local laws, ordinances and resolutions. 8. Reports of standing committees and action thereon. 9. Reports of special committees. 10. Miscellaneous business. 11. Adjournment. VII. PERMISSION FOR PERSONS TO SPEAK BEFORE THE COUNCIL - For one hour prior to roll call at the commencement of a Council meeting, the President of the Council may allow any person to speak to the Council upon the following terms and conditions: 1. In order to speak, a citizen must notify the Clerkʼs Office before 6:00 p.m. on Council meeting nights. 2. The citizen must specify to the Clerk the subject of his or her remarks. 3. The Clerk will prepare two lists of scheduled speakers: A. Those wishing to speak on items which are on the agenda for that Council meeting and which are not the subject of a public hearing. B. All other speakers. 4. The lists shall be in the order that citizens notified the Clerkʼs Office. 5. At the start of the session, the President will divide sixty (60) minutes by the number of speakers on both lists to determine the amount of time allotted to each speaker. However, the minimum allotted time will be three (3) minutes. 6. The President will call the speakers in order as listed on List A, and after completing List A, the speakers on List B, giving each the amount of time determined in paragraph 5 above. 7. Any listed speakers not reached by 8:00 p.m. will be invited to return to the next Council session when their names will be placed at the top of the respective lists. 8. Speakers must relinquish the podium at the end of their allotted time. 9. In the event that the President shall determine

IX. PRECEDENCE OF MOTIONS - When a question is before the Council no motion shall be entertained except: First, to adjourn; second, to fix the hour of adjournment; third, for the previous question; fourth, to lay on the table; fifth, to postpone indefinitely; sixth, to postpone to a day certain; seventh, to refer; eighth, to amend. These motions shall have precedence in the order indicated. Any such motion, except a motion to amend, shall be put to vote without debate. X. PREVIOUS QUESTION - The previous question shall be put as follows: “Shall the main question be now put?” If this question is decided in the negative, the main question remains before the Council. XI. DIVISION OF QUESTIONS - If the question contains two or more divisible propositions, the presiding officer shall, upon the request of any member, divide the same, but a motion to strike out a provision and insert a substitute is not divisible. XII. RECONSIDERATION - After the decision of any question, a member who voted in the majority may move its reconsideration at the same or a subsequent meeting. If a motion for reconsideration be lost, it shall not be renewed without unanimous consent of the members present and no question shall a second time be reconsidered without similar unanimous consent. After a local law or ordinance has been signed by the Mayor, or has been presented to the Mayor and more than thirty (30) days have expired, during which time the Mayor neither approved it nor returned it to the Clerk with objections, it shall not be reconsidered, but such local law or ordinance may be repealed, or amended. XIII. WITHDRAWAL OF MOTION - Any motion may be withdrawn by the maker before it has been amended or voted upon, but in such case any other member may renew the motion at that time. XIV. PROCEDURE ON RESOLUTIONS - All resolutions of the Council shall be adopted by the affirmative vote of a majority of the members present at the meeting at which action is taken thereon. Any member of the Council may introduce a resolution into the Council either (a) at any meeting of the Council, at which time the presiding officer shall refer the resolution to the appropriate standing committee, or (b) at any time until 5:00 p.m. the day before a committee meeting by submitting it to the President of the Council who shall promptly forward it to the Chair of the appropriate standing committee. The

WEDNESDAY, JANUARY 2, 2002 Council shall not vote upon any resolution until it has been discharged from one or more standing committees pursuant to Section XVII of these rules, provided, however, that the Council may vote upon a resolution without reference to or discharge from a standing committee if it is accompanied by a statement of necessity of immediate passage signed by the Mayor or the President of Council, or these rules are suspended as provided herein. XV. PROCEDURE ON LOCAL LAWS AND ORDINANCES - All legislative acts of the Council shall be by local law or ordinance adopted by the affirmative vote of five members of the Council, unless otherwise expressly required by law. Any member of the Council or the Mayor may introduce a Local Law or Ordinance into the Council. Such proposed legislation shall be submitted to the President of the Council, who shall forward it to the Chair of the appropriate standing committee(s). Proposed legislation submitted to the President of the Council by any Councilmember or the Mayor shall be deemed introduced into the Council on the day the President forwards it to committee, at which time the President shall simultaneously provide a copy to the City Clerk who shall note on the copy the date of its introduction and its sequential introductory number. Proposed legislation shall be similarly distributed to Councilmembers on “Agenda Day” which shall be at least nineteen (19) days prior to the date of the Council meeting at which it is scheduled to be considered. During the week following Agenda Day, additional legislation may be submitted to the President of Council for distribution to the appropriate committee(s) at the discretion of the President. Proposed legislation submitted less than twelve (12) days before the Council Meeting at which it is scheduled to be considered shall be accompanied by a statement of necessity of immediate consideration, stating the nature of the emergency, signed by the Mayor. Proposed legislation submitted less than five (5) days before the Council Meeting at which it is scheduled to be considered shall be accompanied by a statement of necessity of immediate consideration, stating the nature of the emergency, signed by the Mayor and President of the Council. The Clerk shall keep a file of all proposed legislation until it is voted upon by the Council or until the expiration of each two-year term of Council. A local law or ordinance amended after introduction shall not become a new local law or ordinance unless the presiding officer, or the Council on an appeal from the presiding officerʼs ruling, rules that the amendment is so substantial as to constitute a new local law or ordinance. The Council shall not vote upon any local law or ordinance until it has been discharged from one or more standing committees of the Council pursuant to Section XVII of these rules, provided, however, that the Council may vote upon proposed legislation without reference to or discharge from a standing committee if: a) as to a local law, it is accompanied by a statement of necessity of immediate passage signed by the Mayor, and its adoption is by the affirmative vote of six (6) members of the Council, or b) as to an ordinance, (i) it is accompanied by a statement of necessity of immediate passage signed by the Mayor, or (ii) approval to vote upon it is given by six (6) members of the Council.

Page 3 Whenever a public hearing is required to be held by the Council on an item of proposed legislation, the President may direct the City Clerk to advertise the public hearing in the manner and for the period of time required by law so that such hearing may be held at the next available regularly scheduled or special Council meeting following introduction of the proposed legislation; or if the hearing is to be held before a committee, such hearing shall be advertised so that it may be held at the next available regularly scheduled or special meeting of that committee; unless the Council provides otherwise by resolution. Whenever the Mayor has disapproved a local law or ordinance and the City Clerk has presented the local law or ordinance to the Council with the Mayorʼs objections, the President or any member of Council may move for reconsideration of the same within thirty (30) days. XVI. CONSTITUTION OF COMMITTEES - The following standing committees shall be appointed by the President of the Council at the organization meeting of the Council: Economic Development & Government Efficiency; Housing & Community Development; Parks, Public Works & The Environment; Public Safety, Services, & The Arts. The first named member of each committee shall be Chair. The President and the Vice President shall be ex officio voting members of all committees. A change in the personnel of the foregoing committees, including a change in the Chair thereof, may be effected at any time or times at the pleasure of the President of the Council with the concurrence of a majority of the Council, or in any case by a twothirds vote of the Council. The President shall be empowered to constitute a Committee of the Whole, in place of any standing committee, to consider Mayoral appointments of Department Heads or for other resolutions, local laws, or ordinances considered to be of sufficient importance as to merit such treatment. Discharge from the Committee of the Whole shall fulfill the requirements variously stated in Sections XIV, XV, and XVII, which call for the discharge of any proposed legislation from a standing committee before it can be acted upon by the Council. XVII. MEETINGS AND PROCEDURES OF STANDING COMMITTEES - A majority of a committee shall constitute a quorum. Each committee shall meet at the call of its Chair or any other two members, upon reasonable notice to all committee members. Regular meetings of the standing committees shall be scheduled no later than five (5) days before the date of a Council meeting. A committee may hold a public hearing on any proposed legislation referred to it. A committee may amend any proposed legislation referred to it by majority vote of its members taken at a meeting, and if discharged, the Council shall consider the proposed legislation. In discharging any proposed legislation referred to it, a committee shall specifically recommend the legislation for adoption, rejection or consideration by the Council in a written report signed by a majority of its members attending the committee meeting. Any proposed legislation discharged by a committee shall be placed by the City Clerk on the agenda of the next regular Council meeting, at which the Council shall vote upon each item of proposed legislation separately,

Page 4

WEDNESDAY, JANUARY 2, 2002 - TUESDAY, JANUARY 15, 2002

a yes vote to indicate adoption of the legislation, and a no vote to indicate rejection of the legislation.

REGULAR MEETING January 15, 2002

If a committee fails or refuses to discharge any proposed legislation referred to it, it may be discharged on a motion duly seconded by the affirmative vote of a majority of the Council.

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

XVIII. ROBERTʼS RULES OF ORDER - The rules of parliamentary practice comprised in Robertʼs Rules of Order shall govern the Council in all cases except as herein provided. XIX. SUSPENSION OF RULES - Any rule of the Council, except as otherwise specifically provided in such rule, may be temporarily suspended by a vote of two-thirds of all the members present, unless such rule is prescribed by law. XX. AMENDMENT OF RULES - No permanent alteration shall be made in these rules without notice of the proposed change having been given at a previous meeting. Section 2. This resolution shall take effect immediately. Adopted unanimously. By Councilmember Douglas Ordinance No. 2002-1 Designating The Official Newspapers Of The City Of Rochester For The Years 2002-03 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following newspapers are hereby designated to be the official newspapers of the City of Rochester for the years 2002-03: the Democrat & Chronicle, the Daily Record, and City Newspaper.

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: *Frederick J. Cowley, Police Department Samuel W. Palermo, Police Department *Kimberlee A. Rose, Police Department *Gerome Pavia, Fire Department *Rosemarie C. Russo, Library *Not attending meeting. APPROVAL OF THE MINUTES By Councilmember Griswold RESOLVED, that the minutes of the Regular Meeting of December 18, 2001, and the Organization Meeting of January 2, 2002, be approved as published in the official sheets of the proceedings. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 8. Nays - Councilmember Mains - 1. COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS.

Section 2. The Mayor is hereby authorized to enter into agreements with the publishers of said newspapers whereby said newspapers shall publish and print such materials as shall be delivered to the newspaper by the City Clerk or other authorized officials or employees of the City. In no event shall any designated newspaper have the right to publish all official notices of the City.

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. 3678-7 The Director of Zoning submits Notices of Environmental Determination. 3679-7

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

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

Section 4. This ordinance shall take effect immediately. Passed unanimously. The meeting was adjourned at 4:50 P.M. CAROLEE A. CONKLIN City Clerk *****

PUBLIC HEARINGS

Authorizing Pavement Width Changes On Highland Avenue As A Part Of The Highland Avenue Improvement Project Int. No. 26 One speaker: Louis Childs. Changing The Zoning Classification Of 634 Hudson Avenue From C-2 Community Commercial To PD Planned Development #1- Holy Redeemer (Northside Church Of Christ) And Adopting The Current Plan For PD#1 Int. No. 23 Three speakers: Joan Roby Davison, Arturo Hoyte, Carolyn Vitale. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Stevenson January 15, 2002 To the Council:

Page 5

TUESDAY, JANUARY 15, 2002 The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 1 - Authorizing The Extension Of A Lead Agency Agreement Between The City Council And The Mayor Regarding Environmental Review Int. No. 2 - Authorizing Agreements For Architectural Services For Building Renovation Projects Int. No. 3 - Establishing $77,000 As Maximum Compensation For A Professional Services Agreement For The Center City Signage Project Int. No. 20 - Authorizing Acceptance Of Easements For The Genesee River Trail The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation: Int. No. 26 - Authorizing Pavement Width Changes On Highland Avenue As A Part Of The Highland Avenue Improvement Project Respectfully submitted, Robert J. Stevenson Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE

ment, most recently on January 18, 2000. Under the proposed agreement, for any relevant action, the Mayor will continue to notify the Council that an environmental review is required and will be conducted by the Administration as lead agency. Upon receipt of this notification, the President will advise the Council in writing of the proposed action and request comments within 10 days. The President may, within the 10 day period, advise the Mayor that the provisions of the agreement will not apply and that formal consideration of the designation of a lead agency by the Council will instead be required. It is proposed that the term of the agreement be indefinite, to avoid the need for annual reauthorization. However, it is further recommended that provision be included in the agreement for termination of the agreement by either party upon 30-day notice. Respectfully submitted, William A. Johnson, Jr. Mayor

R2010: Environmental Stewardship Councilmember Mains moved to amend Introductory No. 1. The motion was seconded by Councilmember Stevenson. The motion was adopted unanimously.

Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-2 Re: Agreement - Environmental Review Transmitted herewith for your approval is legislation authorizing an extension of the agreement between the City Council and the Mayor for the coordination of environmental review actions in which both parties are involved. The requirement for environmental review of certain actions is specified by the NY State Environmental Quality Review Act and Chapter 48 of the City Code. When, under these regulations, more than one governmental body is involved in one of these actions, a lead review agency must be designated. Such designation of a lead agency is merely procedural. It does not reflect any consideration of the actual substance or merits of the action. For all actions, the findings of the designated lead agency are presented with the proposed legislation (e.g., rezoning request or developmental proposal). Prior to 1987, for actions in which the Council was involved, the designation of a lead agency required formal approval by a majority of its members. This requirement occasionally resulted in a delay of up to three weeks, at that time, the typical period of time between Council meetings. To eliminate this delay, on October 13, 1987, the Council authorized an agreement between the President and the Mayor that designated the Mayor as lead agency for all actions in which both parties are involved, unless - for any individual action - the President otherwise specified. Since then, the Council has periodically authorized the renewal of this agree-

Lois J. Giess President

Ordinance No. 2002-2 (Int. No. 1, As Amended) Authorizing The Extension Of A Lead Agency Agreement Between The City Council And The Mayor Regarding Environmental Review BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The President of the Council is hereby authorized to enter into an extension of the agreement with the Mayor for a term of two years regarding the lead agency for environmental review pursuant to Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the Municipal Code for actions which involve discretionary decisions by the City Council and the Mayor. Section 2. The agreement shall contain such additional terms and conditions as the Mayor and the City Council deem to be appropriate. Section 3. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-3 Re: Agreements - Architectural Services Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for architectural services required for the building renovation program. Organization

Address

Page 6 Architectura Bergmann Associates LoMonaco Associates Pardi Partnership Architects Richard Mauser Architects

TUESDAY, JANUARY 15, 2002 247 N. Goodman St. 200 First Federal Plaza 415 Kilbourn Road 399 Alexander Street 91 Pinnacle Road

The costs of the agreements will be financed from Cash Capital allocations or the proceeds of bond issues authorized for the various projects included in the program. The building renovation program is designed to preserve and enhance the value and usefulness of City facilities. The program involves both routine maintenance and rehabilitation and special renovation projects. Historically, for routine maintenance, the projects typically have been designed by personnel of the Bureau of Architecture and Engineering. However, the Bureau currently has several vacant architectural positions and, therefore, has been unable to plan and design all of the projects that are included in the 200102 and 2002-03 program.

Authorizing Agreements For Architectural Services For Building Renovation 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 companies for architectural services required for building renovation projects as required by the City for a term of one year, with two additional one-year renewal options: Organization

Address

Architectura Bergmann Associates

247 N. Goodman St. 200 First Federal Plaza 415 Kilbourn Road

LoMonaco Associates Pardi Partnership Architects P.C., Inc. Richard Alfred Mauser Architects

399 Alexander Street 91 Pinnacle Road

Section 2. The agreements shall obligate the City to pay an amount not to exceed the amount budgeted for each project, which shall be funded from the annual budget or from project appropriations.

Under the proposed agreements such services will instead be provided by contractual personnel. Proposals for these services were solicited by the Department of Environmental Services from nine organizations.

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

Eight proposals were received. The aforementioned five organizations are recommended because of their past performance on other City projects.

Section 4. This ordinance shall take effect immediately.

Following is a list of projects for which architectural services are expected to be required. Building

Project

Mt. Hope Cemetery Gatehouse High Falls City Facilities

Slate roof repair

Condition survey and maintenance/repair plan Highland Patrol Section Facility replacement Clinton-Baden Community Door replacement Center Various Buildings Masonry and brick repointing The assignment of projects to organizations will be based on their specific skills and expertise and their ability to provide the required services within the time period specified by the City. The cost of the services will be based on specified hourly rates. Each agreement will have an initial term of one year with provision for renewal for two additional one year periods. Adjustments to the hourly rates will be permitted for each of the renewal periods but will be subject to approval by the City. Similar agreements, for engineering services for the building renovation program, were authorized by the City Council on November 20, 2001. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Services Ordinance No. 2002-3 (Int. No. 2)

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-4 Re: Agreement - Clark Patterson Associates, Center City Signage Project Transmitted herewith for your approval is legislation authorizing an agreement with Clark Patterson Associates, 186 N. Water Street, for design of new directional signage for the Center City. The maximum cost of this agreement will be $77,000, which will be financed from federal funds that were previously appropriated by the City Council and the 1999-00 Cash Capital allocation. The project involves the design, fabrication and installation of the directional signage that will replace the present signage, which were installed in 1983. An agreement with Corbin, of Traverse Michigan, for conceptual design of the signage was authorized by the Council on June 14, 2001. Corbin was assisted in the completion of the conceptual design by Clark Patterson (as well as Carl Walker, Inc., of Phoenix, a parking specialist). Under the proposed agreement, Clark Patterson will: 1. Provide final design services; 2. Prepare contract specifications; 3. Assist the City in the evaluation of contract bids; 4. As necessary, provide additional design services during construction. Corbin will assist Clark Patterson in the provision of these services. Installation of the signage is expected to begin in the spring of 2003 and be completed in the fall. The

Page 7

TUESDAY, JANUARY 15, 2002 estimated cost of installation is $568,000, which is expected to be financed as follows: Federal Highway Administration City Cash Capital Total

$454,000 114,000 $568,000

State City Total

16,000 5,000 $105,000

A summary of the conceptual design is available for review in the Office of the City Clerk.

Provision for the cantilevered trail was included in the agreement between the City, Monroe County and University of Rochester that was authorized by the Council on July 7, 1987 for implementation of the South River Corridor Plan.

Respectfully submitted, William A. Johnson, Jr. Mayor

Respectfully submitted, William A. Johnson, Jr. Mayor

R2010: Center City

R2010: Environmental Stewardship Ordinance No. 2002-4 (Int. No. 3)

Establishing $77,000 As Maximum Compensation For A Professional Services Agreement For The Center City Signage Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $77,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Clark Patterson Associates for engineering design services for the Center City Signage Project. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Said amount shall be funded from the funds identified and appropriated in Ordinance No. 2001-367. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Ordinance No. 2002-5 (Int. No. 20) Authorizing Acceptance Of Easements For The Genesee River Trail BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the acceptance of a temporary construction easement and a permanent public access easement along portions of the east bank of the Genesee River from the Elmwood Avenue Bridge northward, from the current owner, the University of Rochester, to construct and maintain portions of the Genesee River Trail and to provide public access to the Trail. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-5 Re: Easements - University of Rochester, Genesee River Trail Transmitted herewith for your approval is legislation authorizing the acquisition of temporary and permanent easements from the University of Rochester. The easements are required for realignment and improvement of the Genesee River Trail, on the east bank of the river from the Elmwood Avenue bridge to a point approximately 400 feet north, on the campus of the University of Rochester. Design of the realignment and improvements were included in the design, by Goodkind & OʼDea, Inc., of the Elmwood Avenue Bridge Improvement Project, which was authorized by the City Council on January 16, 2001. The realignment and improvement will involve the elimination of a “switch-back” ramp, which does not comply with the standards of the Americans with Disabilities Act, and the construction of a cantilevered promenade around the Universityʼs pump house. An existing stairs on the trail, which provides access to the Universityʼs campus, will be retained. The construction of the improvements is expected to be completed in the summer of 2002. The cost of the improvements, estimated to be $105,000, is expected to be financed as follows: Federal

Attachment No. AB-1

$ 84,000

Ordinance No. 2002-6 Re: Pavement Width Changes - Highland Avenue Transmitted herewith for your approval is legislation approving various changes in the pavement width of Highland Avenue. The proposed changes are part of the Highland Avenue Improvement Project, which is being designed by FRA Engineering under an agreement authorized by the City Council on August 21. The project, which extends from Monroe Avenue to the east city line, involves the reconstruction or rehabilitation of the pavement; installation of new water services and hydrants and water main improvements on side streets; replacement of curbs, catch basins, driveway aprons and sidewalks; traffic modifications; and landscaping. In general, the width of the pavement will be either 32ʼ or 36ʼ. The 32ʼ width will provide for two travel lanes and one parking lane, while the 36ʼ width will provide for two travel lanes and two parking lanes. The length of a recessed parking area near the intersection of Winton Road will also be increased. Construction of the project is scheduled to begin in the spring of 2002 and be completed by the fall. The estimated cost of construction is $3,363,000. Improvement

Estimated Cost

Page 8 Street Water Sewer Traffic Total

TUESDAY, JANUARY 15, 2002 $2,818,000 203,000 196,000 146,000 $3,363,000

A public informational meeting concerning the project was held on November 29, 2001 and January 3, 2002. A copy of the minutes of the latter meeting will be forwarded to the Council as soon as possible. A copy of the minutes of the former meeting were previously forwarded to the City Council. The Traffic Control Board endorsed the original changes in pavement width on December 4. The Traffic Control Board is scheduled to consider the additional changes between Mayflower Drive and Winton Road on January 15. A public hearing on the changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor

8. A variable taper beginning with a 2 foot increase at the latter point to a 3 foot increase, from 37 feet to 40 feet, at a point 80 feet west of Winton Road; 9. A gradual taper of 6 feet, from 38 feet to 32 feet, beginning 180 feet east of Winton Road to 315 east of Winton Road; 10. A decrease of 2 feet, from 34 feet to 32 feet, from the latter point to Hillside Avenue; and 11. A decrease of 2 feet, from 34 feet to 32 feet, from Village Lane to the East City Line. Section 2. Such changes and additional improvements as a part of the Highland Avenue Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously.

R2010: Healthy Urban Neighborhoods Attachment AB-2 Ordinance No. 2002-6 (Int. No. 26) Authorizing Pavement Width Changes On Highland Avenue As A Part Of The Highland Avenue Improvement Project

By Councilmember Douglas January 15, 2002 To the Council: The Public Safety, Services & the Arts Committee recommends for adoption the following entitled legislation:

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

Int. No. 4 - Establishing $15,000 As Maximum Compensation For A Professional Services Agreement For The Rhythm Nights Concert Series And Amending Ordinance No. 2001-409, As Amended

Section 1. The Council hereby approves the following pavement width changes on Highland Avenue:

Int. No. 5 - Local Law Amending The City Charter With Respect To The Issuance Of Appearance Tickets For Animal And Dog Control Violations

1. Remove the existing 9-foot recessed passenger loading area along the north side of Highland Avenue located from 153 feet to 114 feet west of Winton Road;

Int. No. 6 - Authorizing An Agreement And Appropriating Funds For Human Services Projects And Amending The 2001-02 Budget

2. A constant decrease of 4 feet, from 36 feet to 32 feet, from Chadbourne Road to 700 feet east of Mayflower Drive; 3. A variable taper beginning with a 4 foot decrease at the latter point to a 6 foot decrease, from 36 feet to 30 feet, at a point 55 feet to the east; 4. A constant decrease of 6 feet, from 36 feet to 30 feet, from the latter point to a point 31 feet to the east; 5. A variable taper beginning with a 6 foot decrease at the latter point to a 0 foot decrease, matching the existing 36 foot width, at a point 32 feet to the east; 6. A variable taper beginning with a 0 foot decrease, matching the existing 36 foot width, at a point 182 feet west of Oakdale Drive to a 5 foot decrease, from 36 feet to 31 feet, at a point 43 feet to the east; 7. A variable taper beginning with a 5 foot decrease at the latter point to a 2 foot increase, from 36 feet to 38 feet, at a point 100 feet to the east;

Int. No. 7 - Appropriating Funds For Youth Training Projects And Amending The 2001-02 Budget Respectfully submitted, Benjamin L. Douglas Robert J. Stevenson Tony M. Thompson Gladys Santiago PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-7 Re: Agreement - B&R Productions, Inc., Rhythm Nights Concert Series Transmitted herewith for your approval is legislation authorizing an agreement with B&R Productions, Inc. (principal: Bobby Warren), 76 Orchard Creek Circle, for talent booking and concession management services. The maximum cost of this agreement will be $15,000, which will be financed from the 200102 budget of the Department of Parks, Recreation and Human Services and the Rochester MusicFest

Page 9

TUESDAY, JANUARY 15, 2002 Trust Fund. The services relate to the “Rhythm Nights” concert series at Manhattan Square Park. The concerts will be presented on six Saturday evenings, beginning June 22, and will include performances by national and regional jazz and rhythm and blues artists. Besides booking the artists, B&R Productions will provide a production manager for the concert and hospitality for the artists. It provided similar services for the four “Rhythm Nights” concerts that were presented during 2001, which were attended by an estimated 6,000 people. In consideration for exclusive vending rights for the “Rhythm Nights” concerts, B&R Productions will pay to the City $500 plus 25% of the net revenue from food and beverage sales. In 2001, total revenues received by the City were $891. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Center City Ordinance No. 2002-7 (Int. No. 4, As Amended) Establishing $15,000 As Maximum Compensation For A Professional Services Agreement For The Rhythm Nights Concert Series And Amending Ordinance No. 2001-409 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 B&R Productions, Inc. for booking artists for the “Rhythm Nights” concert series at Manhattan Square Park. Of said amount, $8,000 shall be funded from the 2001-02 Budget of the Department of Parks, Recreation and Human Services and $7,000 is hereby appropriated from the Rochester Events Network Trust Fund. The agreement shall also provide B&R Productions, Inc. exclusive rights to vend food and beverages to the public at the “Rhythm Nights” concert series, in exchange for the sum of $500 and 25% of the net revenue from the food and beverage sales. Section 2. Ordinance No. 2001-409, authorizing an agreement for the 2002 Rochester MusicFest, as amended, is hereby further amended by reducing the amount of funding for the agreement from the 2001-02 Budget of the Department of Parks, Recreation and Human Services from $479,000 to $451,000, and by increasing the appropriation from the MusicFest Trust Fund from $133,000 to $161,000. Section 3. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Law No. 1 Re: City Code Amendment - Animal Control Violations

Transmitted herewith for your approval is legislation amending the City Code to authorize the supervisory personnel of the Animal Control Unit to issue notices of violation. Any dog control or police officer is authorized to issue a notice of violation of the provisions of Chapters 30 and 31 of the City Code or Article 7 of the NYS Agriculture and Markets Law. However, in some instances, such as when an unleashed or loose dog is seized, the owner of the dog is not present and the issuance of a notice is not possible. In many instances, an owner will subsequently redeem the dog at the animal control center. Under such circumstances, the issuance of a notice of violation requires the presence at the center of a dog control officer (or police officer). While an officer may be occasionally present at the center, to impound other dogs, most officers usually are responding to calls for service or patrolling. If an officer is not present at the center, a redemption may be delayed until an officer is available to issue a notice of violation. Such a delay obviously results in inconvenience to the dog owner. If it is necessary to “recall” an officer to the center, the time available for responding to service calls or patrolling is obviously reduced. To prevent delays in redemption and avoid the possible need to recall dog control officers from the field, it is recommended that the management personnel of the center, at least one of whom is always on duty during normal hours of operation, be authorized to issue notices of violations, based upon the impound reports of the dog control officers. The personnel that would be so authorized are: Animal Shelter Manager Assistant Shelter Manager Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Services Local Law No. 1 (Int. No. 5) Local Law Amending The City Charter With Respect To The Issuance Of Appearance Tickets For Animal And Dog Control Violations 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 the following new Subsection E to Section 8A-3 of the City Charter, Issuance of appearance tickets: E. The Director of Animal Services, Animal Shelter Manager and Assistant Shelter Manager, as well as Animal Control Officers and Supervisors, may issue notices of violation returnable in the Dog Complaint Division of the Parking Violations Bureau for any violation of Article 7 of the Agriculture and Markets Law or Chapter 31, Dog Control, of the Municipal Code, or of any local law or ordinance relating to the licensing, identification or control of dogs; and may issue

Page 10

TUESDAY, JANUARY 15, 2002

notices of violation returnable in the Municipal Code Violations Bureau for any violation of Chapter 30, Animals, of the Municipal Code, or of any local law or ordinance relating to the licensing, identification or control of animals other than dogs.

Authorizing An Agreement And Appropriating Funds For Human Services Projects And Amending The 2001-02 Budget

Section 2. This local law shall take effect immediately.

Section 1. The Mayor is hereby authorized to enter into an agreement with the Southwest Area Neighborhood Association for the Southwest Community Center/James Madison School of Excellence Wellness Center Human Services Project.

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:

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $41,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2001-02 Community Development Program. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Ordinance No. 2002-8 and Ordinance No. 2002-9 Re: Human Services Projects Transmitted herewith for your approval is legislation relating to various human services projects. This legislation will: 1. Authorize an agreement with the Southwest Area Neighborhood Association for continued financial support of the Southwest Community Center at the James Madison School of Excellence; 2. Appropriate a total of $83,495 from the General Community Needs allocation of the 2000-01 Community Development Block Grant to finance the cost of this agreement and the following other projects: Southwest Community Center Logic Model Training Maplewood-Edgerton Toy Library Jr. Recreation Leader Internship BizKids Total

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

$41,000 2,000 5,000 22,125 13,370 $83,495

3. Amend the 2001-02 budget by $40,500 to reflect the appropriations for the last three projects. All of the projects are considered projects with matching funds and are therefore eligible for up to five years of funding under the human services funding guidelines approved by the City Council in June, 1981. The agreement for the Southwest Community Center represents the fourth year of funding, the appropriations for the logic model training and toy library represent the third year of funding, and the appropriations for the internship and BizKids program represent the first year of CDBG funding. Descriptions, budgets and, as appropriate, assessments of these projects are attached. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Health, Safety and Responsibility Attachment No. AB-3 Ordinance No. 2002-8 (Int. No. 6)

Section 4. There is hereby appropriated from the General Community Needs Allocation of the 200102 Community Development Program the sum of $2,000, or so much thereof as may be necessary, to fund the Logic Model Training Project of the Cornell Cooperative Extension. Section 5. Ordinance No. 2001-215, the 2001-02 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Neighborhood Empowerment Teams by the sum of $5,000, which amount is hereby appropriated from the General Community Needs Allocation of the 2001-02 Community Development Program to fund the Edgerton Maplewood Toy Library. Section 6. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-9 (Int. No. 7) Appropriating Funds For Youth Training Projects And Amending The 2001-02 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $22,145, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2000-01 Community Development Program to fund the Junior Recreation Leaders Project. Section 2. The sum of $13,370, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 200001 Community Development Program to fund the BizKids Project. Section 3. Ordinance No. 2001-215, the 2001-02 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 $35,500, which amount shall be funded from the appropriations made herein. Section 4. This ordinance shall take effect im-

Page 11

TUESDAY, JANUARY 15, 2002 mediately.

approving the following real estate transactions:

Passed unanimously. By Councilmember Norwood January 15, 2002 To the Council: The Housing and Community Development Committee recommends for adoption the following entitled legislation: Int. No. 8 - Authorizing The Sale Of Real Estate And Amending Ordinance No. 2001-283, As Amended Int. No. 9 - Authorizing Ordinances No. 99-255 And 99-311 Relating To The Sale Of Real Estate Int. No. 10 - Authorizing An Agreement With The Urban League Of Rochester, N.Y., Inc. To Administer The Business Development And Technical Assistance Program Int. No. 11 - Authorizing An Amendatory Agreement For Technical Assistance For Housing And Community Development Activities Int. No. 15 - Authorizing The Sale Of Real Estate And An Agreement For Susan B. Anthony Preservation District Infill Housing Int. No. 16 - Approving Sale Of Real Estate For The Ontario Place Project Int. No. 17 - Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The Ontario Place Project Int. No. 18 - Approving Sale Of Real Estate And A Loan Agreement For The HOP Rental Project, And Amending Ordinance No. 99-215 Int. No. 19 - Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The HOP Rental Project The Housing and Community Development Committee recommends for consideration the following entitled legislation: Int. No. 23 - Changing The Zoning Classification Of 634 Hudson Avenue From C-2 Community Commercial To PD Planned Development #1-Holy Redeemer (Northside Church Of Christ) And Adopting The Current Plan For PD#1 Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-10 and Ordinance No. 2002-11 Re: Real Estate Transactions Transmitted herewith for your approval is legislation

1. The sale of 13 properties, 2. A change in the name of a prospective purchaser, and 3. Changes in authorized acquisition prices of four properties. Sales The first four properties to be sold were included in the public auction of September 24. The purchasers will be required to rehabilitate the properties and obtain Certificates of Occupancy within nine months of the conditional closings. The next property, 275 Ellison Street, was also included in the public auction of September 24 but was subject to approval of the development proposal. Under the proposal, the property will be deconverted from four to two residential units; one of the units will be occupied by the owner. The next seven properties are considered unbuildable because of their size. They will be sold for $1.00 to the owners of adjacent properties and combined with those properties. The last property, 666 Cedarwood Terrace, will be sold to its former owner. The sale price includes all delinquent taxes, interest and penalties. Name Change On July 13 and August 10, 1999, the City Council authorized the sale of 73 Ambrose Street, 350 Glenwood Avenue, and 30-32 Kenwood Avenue to Leroy McPhatter. The first property was included in the public auction of April 29, 1999, while the other two properties were included in the same public auction but were subject to approval of the development proposals. Under the proposals, 350 Glenwood Avenue was to be deconverted from four to three residential units, while 30-32 Kenwood Avenue was to be rehabilitated as a six unit residential structure. Some rehabilitation of the properties has occurred. Leroy McPhatter, however, has incurred a serious illness. He has therefore requested that sale of the properties be transferred to his son, Joseph McPhatter, to permit completion of the rehabilitation of them. Price Changes On August 21, 2001, the Council authorized the acquisition, by negotiation or condemnation, of 15 properties as part of the Fulton Avenue Redevelopment Project. The total cost of acquisition was $207,450. On September 25, the Council authorized a total increase of $11,000 in the authorized acquisition prices for two properties, based upon corrected independent appraisals. The total cost of acquisition was therefore increased to $218,450. The Law Department and Division of Real Estate have recommended further increases in the authorized acquisition prices of these two properties and two other properties. The recommendation reflects the results of negotiation and is based on consideration of probable litigation costs if the properties had to be acquired through condemnation.

Page 12 Fulton Street Address 124 143 225-225.5 227

TUESDAY, JANUARY 15, 2002 Current Authorized Price

Revised Authorized Price

Assessed Value

$24,000 26,000 15,000 6,500

$31,500 33,000 27,500 7,800

$52,900 76,000 35,500 15,000

EH 13 Sullivan St. Pt. of 106.39-1-5 WH 13 Sullivan St. Pt. of 106.39-1-5

2228± Elizabeth Santiago 2228± Carl Cote

Section 4. The Council hereby further approves the sale of the following parcel of improved property to former owner:

If this recommendation is approved, the total cost of acquisition will increase to $246,750.

Address S.B.L.#

Price Purchaser

Respectfully submitted, William A. Johnson, Jr. Mayor

666 Cedarwood Terr. 107.73-1-80

$6,985.23 Cynthia Kellogg

R2010: Healthy Urban Neighborhoods Attachment No. AB-4 Ordinance No. 2002-10 (Int. No. 8, As Amended) Authorizing The Sale Of Real Estate And Amending Ordinance No. 2001-283 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

57 Durnan St. 091.81-1-22 7 Flora St. 121.69-3-58 466 Frost Av. 120.67-2-5 271 Pennsylvania Av. 106.60-1-24

1 Family Siew H. Hioe 1 Family Floyd James, Jr. 1 Family Siew H. Hioe 1 Family Siew H. Hioe

Price $2,400

Price

275 Ellison St. $14,000 107.30-3-82

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.

3,500

Section 7. This ordinance shall take effect immediately.

4,800

Bracketed material deleted; underlined material added.

4,000

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

Section 5. Ordinance No. 2001-283, relating to the acquisition of parcels for the Fulton Avenue Redevelopment Project, as amended by Ordinance No. 2001-325, is hereby further amended by increasing the amount authorized for the acquisition of 124 Fulton Avenue from $24,000 to $31,500, for 143 Fulton Avenue from $26,000 to $33,000, for 225-225.5 Fulton Avenue from $15,000 to $27,500, for 215-217 Fulton Avenue from $21,000 to $38,500, and for 227 Fulton Avenue from $6,500 to $7,800, thereby increasing the total acquisition costs to $[246,750] 264,250, and the total acquisition and closing costs to $[289,750] 307,250.

Passed unanimously. Ordinance No. 2002-11 (Int. No. 9)

Purchaser

Authorizing Ordinances No. 99-255 And 99-311 Relating To The Sale Of Real Estate

Lem Chan Tim

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

Section 3. The Council hereby further approves the negotiated sale of the following parcels of unbuildable vacant land:

Address S.B.L.#

Sq. Ft. Purchaser

EH 46 Leighton Av. Pt. of 107.71-1-74 WH 46 Leighton Av. Pt. of 107.71-1-74 EH 85 Murray St. Pt. of 105.73-2-59 WH 85 Murray St. Pt. of 105.73-2-59 13 Oscar St. 091.70-3-56 ity

2415 Jeanne M. Fore 2415 Laurie J. Cater 1444± Trese Smith 1444± David & Patricia Ladiges 3306± Rochester Housing Author-

Section 1. Ordinance No. 99-255, relating to the sale of real estate, is hereby amended by changing the name of the purchaser of 73 Ambrose Street, as authorized in Section 1 thereof, from Leroy McPhatter to Joseph McPhatter. Section 2. Ordinance No. 99-311, relating to the sale of real estate, is hereby amended by changing the name of the purchaser of 350 Glenwood Avenue and 30-32 Kenwood Avenue, as authorized in Section 2 thereof, from Leroy McPhatter to Joseph McPhatter. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Page 13

TUESDAY, JANUARY 15, 2002 Ordinance No. 2002-12 Re: Agreement - Urban League, Technical Assistance

“outreach” efforts. The program is also financed by the following:

Transmitted herewith for your approval is legislation authorizing an agreement with the Urban League of Rochester, Inc., 265 N. Clinton Avenue, for continued administration of the technical assistance program for small businesses. The maximum cost of this agreement will be $50,000, which will be financed from the Housing Stock and General Property Conditions allocation of the 2001-02 Community Development Block Grant. The City has several programs designed to assist small businesses to participate in the Cityʼs procurement opportunities. The technical assistance program has been directed primarily to those businesses that are involved in the Cityʼs rehabilitation programs. The League has administered the program since its inception in 1987. The most recent agreement for such administration was authorized by the City Council on June 28, 2001. Following is a summary of the Leagueʼs performance under this agreement for the nine-month period ending October 31. Participants Individual consultations Business planning assistance Bid estimation assistance Seminars/workshops

Planned Actual 70 65 30 40

170 165 30 79

Of the participants in the program, approximately 25% were persons considering starting a business, 45% were operators/owners of new businesses and 30% were operators/owners of established businesses. Approximately 8-10% of the participants were Hispanic. The League also alerted participants of specific bid opportunities. These alerts resulted in the submission of 101 bids, 56 of which were awarded. Under the proposed agreement, the League will continue to... 1. Provide businesses with assistance on the procedural aspects of eligibility for Women/Minority Business Certification with the NYS Office of Minority and Women Business Development; 2. Provide individual consultations to a minimum of 100 persons or businesses; 3. Provide bid estimation services on an “as needed” basis to a minimum of 30 businesses; 4. Conduct a minimum of 40 workshops concerning the following subjects: Information and referral services Business planning Cost estimation and bid preparation Blueprint and contract specification interpretation Establishing and securing credit Employment practices Marketing and advertising 5. Maintain a reference library with copies of specifications, plans and Dodge Reports; and 6. Develop and disseminate Spanish promotional materials about the program and conduct other

CitiCorp Foundation CitiBank Client fees

$25,000 7,000 5,000

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Ordinance No. 2002-12 (Int. No. 10) Authorizing An Agreement With The Urban League Of Rochester, N.Y., Inc. To Administer The Business Development And Technical 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 the Urban League of Rochester, N.Y., Inc., to administer the Business Development and Technical Assistance Program. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $50,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 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. 2002-13 Re: Agreement - Enterprise Foundation, Technical Assistance Transmitted herewith for your approval is legislation authorizing an agreement with the Enterprise Foundation for the provision of technical assistance to the South West Development Council. The maximum cost of this agreement will be $25,000, which will be financed from the allocation Housing Stock and General Property Condition of the 1999-00 and 2000-01 Community Development Block Grants. 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 Chase Manhattan Bank, it formed the Rochester Community Development Collaborative. The most recent agreement with Enterprise was au-

Page 14 thorized by the City Council on July 17. Under this agreement, Enterprise provides technical assistance to the following organizations: City, Ibero-American Development Corporation, North East Area Development, North East Neighborhood Alliance, Northwest Community Services, Rochester Housing Development Fund Corporation and any non-profit developers involved with housing projects in conjunction with the Corporation, and Southwest Community Development Collaborative Under the proposed agreement, Enterprise will also provide technical assistance to the South West Development Council, a collaborative consisting of: Eagle Community Development Corporation Sector 4 Community Development Corporation Frederick Douglass Community Development South West Area Development Corporation Specifically, Enterprise will... 1. Assist SWDC to identify development opportunities in the southwest area of the city; 2. Develop detailed work plans for each development opportunity that is identified, including: a. Preparation of a feasibility analysis and financial plan, b. Identification of possible funding sources, c. Creation of “partnerships” among local financial institutions to provide the necessary funds; 3. Facilitate relationships among local partners and the development team; and 4. Manage the development process, including: a. Land assemblage, b. Construction management, and c. Financial “packaging” One full-time staff person will be assigned to the project. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Ordinance No. 2002-13 (Int. No. 11) Authorizing An Amendatory Agreement For Technical Assistance For Housing And Community Development Activities 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 Enterprise Foundation for technical assistance for housing and community development activities in the southwest section of the City. Section 2. The amendatory agreement shall

TUESDAY, JANUARY 15, 2002 obligate the City of Rochester to pay an amount not to exceed $25,000, and of said amount, or so much thereof as may be necessary, $18,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 1999-2000 Community Development Program and $7,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2000-01 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Santiago abstained vote because she is an employee of one of the affiliated agencies. TO THE COUNCIL Ladies and Gentlemen: Ordinance Nos. 2002-14, 2002-15, 2002-16, 2002-17, and 2002-18 Re: Housing Development Transmitted herewith for your approval is legislation relating to three housing development projects involving Housing Opportunities, Inc. This legislation will: Susan B. Anthony Neighborhood 1. Authorize the sale, at their appraised value, of two properties to HOP, and 2. Authorize an agreement with HOP to provide $100,000 from the 1999 and 2000 HOME programs to partially finance the costs of construction of four single-family houses on these properties, which will be subdivided; Ontario/Woodward Street Neighborhood 3. Authorize the sale, at their appraised values, of nine properties to HOP or Ontario Place LP, and 4. Authorize an agreement with either entity for the exemption from real estate taxes for the eight rental structures to be constructed on these properties and for payments in lieu of taxes thereon; Rochester Affordable Rental Effort 5. Authorize the sale, at their appraised values, of five properties to HOP, Housing Opportunities Housing Development Fund Corporation, Inc. or Ontario Place LP, 6. Authorize an agreement with any of the entities to provide $447,586 from the 1998, 1999 and 2000 HOME programs to partially finance the costs of rehabilitation of the aforementioned

Page 15

TUESDAY, JANUARY 15, 2002 five properties and two other properties already owned by HOP, and 7. Authorize an agreement with any of the entities for the exemption from real estate taxes for the seven properties and for payments in lieu of taxes thereon. SBA Neighborhood The project in the Susan B. Anthony neighborhood will involve the subdivision of the two vacant lots to be sold to HOP and the construction of four singlefamily houses. The houses will be constructed for HOP by Imperial Rochester Development Corp., which has participated in the Home Expo program. The house designs have been approved by the Rochester Preservation Board and the NYS Historic Preservation Office. The estimated cost of construction of each house is $108,000. However, the sale price of each house will be reduced to $73,000 through the following subsidies: Estimated construction cost Subsidies City HOME Program Federal Home Loan Bank of New York Landmark Society Estimated Sale Price

$108,000 $25,000 8,000 2,000

35,000 $ 73,000

The houses will be sold to families with incomes of not more than 80% of the median family income of the Rochester Metropolitan Statistical Area. Purchasers will be eligible for a grant of up to $6,000 from the Buyer Assistance Program. They will also be eligible for mortgage loans from Charter One with interest rates of 4.5%, through a commitment from the Federal Home Loan Bank of Cincinnati. Ontario/Woodward Neighborhood The project in the Ontario/Woodward Street neighborhood will involve the subdivision of the properties to be sold and the construction of 12 residential units in four single-family and four two-family houses. The project represents a collaboration of HOP with Sojourner House. The estimated cost of construction is $1,757,800, which is expected to be financed as follows: NYS Housing Trust Fund Corporation (tax credits) $ 985,900 NYS Department of Social Services 725,600 Federal Home Loan Bank of New York 46,300 Total $1,757,800 The units, each of which will contain three bedrooms and 1 1/2 bathrooms, will be rented, at estimated rates of $329 per month plus utilities, to families who are leaving transitional housing or families who are at risk of homelessness. Preference in renting will be provided to families referred by Sojourner, which will provide supportive services to the families in all units. Under the proposed in-lieu of tax payment agreement, a 30 year tax exemption will be authorized for each of the houses included in the project. In consideration of this exemption, an annual payment in-lieu of taxes equal to 10% of shelter rents (gross rents less utility costs) will be required. The total initial PILOT amount is expected to be about $3,900.

RARE The RARE project involves five properties to be acquired from the City and two other properties previously acquired from the U.S. Department of Housing and Urban Development through the Asset Control Area Partnership Program. Four of the properties, containing 12 units, will be located in the southeast quadrant of the city, while the three other properties, containing six units, will be located in the southwest quadrant. The project will involve the deconversion of the 28 units currently contained on these properties to 18 units. It will result in two four-family and five twofamily structures. The estimated cost of the project is $1,920,200, which will be financed as follows: NYS Housing Trust Fund Corporation (tax credits) City HOME Program Developer Equity Total

$1,393,204 447,586 79,410 $1,920,200

The financing from the HOME program will consist of a temporary construction loan that will be converted to a permanent loan with a term of 30 years and an interest rate equivalent to the applicable federal borrowing rate. The loan agreement will provide for annual payments equal to interest of 1% with repayment of the principal and the balance of the interest at the loanʼs maturity. Seven of the units will be reserved for rental to households that have incomes of less than 50% of the median RMSA income and three units will be reserved for rental to single-parent households. The estimated monthly rents will range from $370 for a one-bedroom apartment to $525 for a four-bedroom unit. Under the proposed PILOT agreement, a 30-year exemption will be authorized for each of the structures included in the project. In consideration of this exemption, annual payments in-lieu of taxes equal to 10% shelter rents will be required. The initial PILOT amount is expected to be about $7,900. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Attachment No. AB-5 Ordinance No. 2002-14 (Int. No. 15) Authorizing The Sale Of Real Estate And An Agreement For Susan B. Anthony Preservation District Infill Housing 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 Housing Opportunities, Inc. for the development of infill housing in the Susan B. Anthony Preservation District. Section 2. The agreement shall obligate the City to pay an amount not to exceed $100,000, and of said amount, or so much thereof as may be necessary, $22,500 is hereby appropriated from 1999 HOME

Page 16

TUESDAY, JANUARY 15, 2002

Program Funds and $77,500 is hereby appropriated from 2000 HOME Program Funds.

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

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

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 30 years, the following property of the HOP Ontario Place Project, to be owned by a housing development fund company affiliated with Housing Opportunities, Inc. and to be used for low income rental housing:

Section 4. The Council hereby approves the sale of the following parcels of real estate at their appraised values to Housing Opportunities, Inc. (HOP), for the development of infill housing: Parcel

SBL Number

43-43.5 Madison St. 120.36-1-47 20-22 King Street 120.36-2-38.1

Appraised Value $850 900

Section 5. City taxes and other City charges, except water charges, against said properties are hereby canceled 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. Section 6. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-15 (Int. No. 16) Approving Sale Of Real Estate For The Ontario Place Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcels of real estate at their appraised values to Housing Opportunities, Inc. (HOP), or a housing development fund company affiliated with Housing Opportunities, Inc., for the development of low income rental housing as a part of the Ontario Place Project: Parcel 13 Ontario Street 17 Ontario Street 19 Ontario Street 20 Ontario Street 23 Ontario Street 25 Ontario Street 30 Ontario Street 72 Woodward Street 79 Woodward Street

SBL Number 106.65-2-4.1 106.65-2-6.1 106.65-2-7 106.65-1-5 106.65-2-8 106.65-2-9.1 106.65-1-8.1 106.65-2-48 106.65-3-35.1

Section 2. 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. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-16 (Int. No. 17) Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The Ontario Place Project

Address 13 Ontario Street 17 Ontario Street 19 Ontario Street 20 Ontario Street 23 Ontario Street 25 Ontario Street 30 Ontario Street 72 Woodward Street 79 Woodward Street

SBL Number 106.65-2-4.1 106.65-2-6.1 106.65-2-7 106.65-1-5 106.65-2-8 106.65-2-9.1 106.65-1-8.1 106.65-2-48 106.65-3-35.1

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement 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. 2002-17 (Int. No. 18) Approving Sale Of Real Estate And A Loan Agreement For The HOP Rental Project, And Amending Ordinance No. 99-215 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcels of real estate at their appraised values to Housing Opportunities, Inc. (HOP), or a housing development fund company affiliated with Housing Opportunities, Inc., for the development of rental housing: SBL Appraised Parcel Number Value 826 Exchange Street 150-152 Flint Street 411 Meigs Street 463 Pearl Street 451-453 Tremont St.

121.69-3-25 121.69-2-69 121.57-3-14 121.66-1-11 120.52-3-9

$2,500 2,000 8,500 8,500 2,000

Section 2. 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. Section 3. The Mayor is hereby further authorized to enter into a loan agreement with Housing Opportunities, Inc. or a housing development fund company affiliated with Housing Opportunities, Inc. whereby

Page 17

TUESDAY, JANUARY 15, 2002 the City shall provide an amount not to exceed $447,486 to partially finance the costs of the construction of rental units. The funding shall be provided as a construction and 30 year loan at a 1% interest rate. Housing Opportunities, Inc. or a housing development fund company affiliated with Housing Opportunities, Inc. shall make annual payments of 1% interest, with the principal deferred until year 30. Of said amount, or so much thereof as may be necessary, there is hereby appropriated from 1998 HOME Program Funds the sum of $82,459, from 1999 HOME Program Funds the sum of $299,300, of which $43,000 was transferred to the Rental Allocation in Section 3 of Ordinance No. 2000-26, and from 2001 HOME Program Funds the sum of $65,727. Section 4. Ordinance No. 99-215, relating to the HOP/Monroe Place Rental Project, is hereby amended by reducing the amount authorized and appropriated in Section 3 from 1998 HOME Program Funds by the sum of $14,759. The Mayor is hereby authorized to enter into such amendatory agreements as may be necessary in order to effectuate this reduction. Section 5. The 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. Ordinance No. 2002-18 (Int. No. 19) Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The HOP Rental Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 577 of the New York State Private Housing Finance Law, the Council hereby exempts from real property taxes, for a period of 30 years, the following property of the HOP Rental Project, to be owned by a housing development fund company affiliated with Housing Opportunities, Inc. and to be used for low income rental housing: Address

S.B.L.#

826 Exchange Street 150-152 Flint Street 411 Meigs Street 463 Pearl Street 451-453 Tremont Street 99 Hamilton Street 525 South Avenue

121.69-3-25 121.69-2-69 121.57-3-14 121.66-1-11 120.52-3-9 121.55-2-19 121.56-1-10.1

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement 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. 2002-19 Re: Zoning Map Amendment 634 Hudson Avenue Transmitted herewith for your approval is legislation amending the Zoning Map by changing the classification of 634 Hudson Avenue from C-2 Community Commercial to PD Planned Development #1. The property is abutted by C-2 uses on the north, east and south and R-2 Two-Family Residential uses to the west. It contains part of the former campus of Holy Redeemer Church. The campus originally contained the church building, school, rectory, convent and Concordia Hall. The convent building was sold to East House Properties and is currently used for housing, while Concordia Hall was sold to the Ibero-American Action League and is currently used for a Charter School. The remaining buildings - the church, school and rectory - were sold in 1988 to Northside Church of Christ. The rectory was subsequently demolished. The church presently has a congregation of about 350-375 members. The school presently has an enrollment of approximately 200 students and a staff of 23 people. The rezoning was requested by Northside to permit construction on the site of a three-story apartment building with 22 one-bedroom units for elderly persons, along with a community room and administrative offices. The apartment units will contain about 540 square feet of space. The estimated cost of construction of the building is $1,796,500, which is expected to be financed as follows: U.S. Department of Housing and Urban Development Federal Home Loan Bank Total

$1,651,500 145,000 $1,796,500

Construction is expected to begin in the spring of 2002 and be completed in February or March of 2003. The Planning Commission held an informational hearing on the proposed rezoning on December 10; there were eight speakers, all of whom supported the proposal. The Commission recommended by a vote of 9-0 that the rezoning be approved. Pursuant to Article 8 of the NYS Environmental Conservation Law and Article 48 of the City Code, it has been determined that the proposed rezoning will not have any significant effects. A negative declaration has been issued. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-6 Ordinance No. 2002-19 (Int. No. 23)

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TUESDAY, JANUARY 15, 2002

Changing The Zoning Classification Of 634 Hudson Avenue From C-2 Community Commercial To PD Planned Development #1-Holy Redeemer (Northside Church of Christ) And Adopting The Current Plan For PD#1 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 634 Hudson Avenue, from C-2 Community Commercial to PD Planned Development #1-Holy Redeemer (Northside Church of Christ): 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 Alphonse Street and the centerline of Hudson Avenue; Thence 1)

Easterly along the centerline of Alphonse Street a distance of 246 feet more or less to the northerly projection of the east line of Lot AR-1 as shown on a resubdivision map made for Thomas A. Fink and filed in the Monroe County Clerkʼs Office in Liber 240 of maps at page 59;

following Current Plan for PD#1-Holy Redeemer (Northside Church of Christ): PD#1-Holy Redeemer (Northside Church of Christ). A. Purpose: Holy Redeemer (Northside Church of Christ) Planned Development is intended to recognize and permit a defined area for the unified and orderly development of the Hudson Avenue Campus of the Northside Church of Christ, maintaining an integrated facility that provides a variety of community services. The Holy Redeemer (Northside Church of Christ) Planned Development District will maintain the integrity of the church as an important part of the Hudson Avenue street scape and as a valuable cultural resource of the City of Rochester. Planned Development districts allow flexibility in planning and development and provide a process for evaluating and accommodating incremental growth and change, thereby assuring compatibility with the adjacent, noninstitutional districts. B. Permitted uses: Permitted uses include, but are not limited to, the following uses when consistent with the above purpose and subject to the provisions of 115-65: (1) (2) (3) (4) (5) (6)

Churches Residential Buildings for Seniors Schools Day Care Centers Community Centers Community Support and Services

Thence 2)

Southerly along said projection and the easterly line of said Lot AR-1 a distance of 133.43 feet to a point;

C. Accessory uses and structures: Accessory uses and structures are permitted in the Holy Redeemer (Northside Church of Christ) Planned Development, subject to site plan review and the limitations established in the R-3, Low-Medium Residential zoning district.

Thence 3)

Easterly and forming an interior angle of 268° 47ʼ a distance of 7.82 feet to a point;

Thence 4)

Southerly and forming an interior angle of 91° 13ʼ a distance of 15.33 feet to a point;

Thence 5)

Easterly and forming an interior angle of 268° 47ʼ a distance of 12.87 feet to a point;

Thence 6)

Southerly and forming an interior angle of 91° 13ʼ a distance of 43.05 feet to a point;

Thence 7)

Westerly and forming an interior angle of 88° 47ʼ a distance of 40.54 feet to a point;

Thence 8)

Southerly and forming an interior angle of 270° 16ʼ 30” a distance of 189.90 feet more or less to the centerline of Clifford Avenue;

Thence 9)

Westerly along the centerline of Clifford Avenue to the centerline of Hudson Avenue;

E. Parking: Off-street parking and loading requirements are set forth below, subject to the standards of 115-90.

Thence 10) Northerly along the centerline of Hudson Avenue to the centerline of Alphonse Street and the point or place of beginning.

(1) Location: Parking for uses within the Holy Redeemer (Northside Church of Christ) Planned Development may be located anywhere within the District.

Section 2. The Council hereby approves the

(2) Required Spaces: There shall be no require-

D. Bulk, space and yard requirements: (1) Maximum F.A.R.: Per Approved Plan. (2) Maximum height: Three (3) stories. (3) Minimum yard requirements: (a) Along Hudson Avenue: [1] Parking lots and structures: 5 feet. [2] Buildings: 25 feet. (b) Along Clifford Avenue: [1] Buildings: 20 feet. (c) Along Alphonse Street: [1] Parking lots and structures: 20 feet. [2] Buildings: 20 feet.

Page 19

TUESDAY, JANUARY 15, 2002 ment for uses in Holy Redeemer (Northside Church of Christ) Planned Development. However, any such parking voluntarily provided shall comply with the parking lot design and maintenance standards of the City Zoning Ordinance. F. Regulations set forth in 115-95C(5) regarding telecommunication antennas and towers shall apply to this IPD. G. Amendments to or modifications of this district are subject to the procedures set forth in 11527. Section 3. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Mains January 15, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: Int. No. 12 - Authorizing The Director Of Finance To Cancel Real Property Taxes Or Charges Of $1,000 Or Less Int. No. 13 - Cancellation Of Taxes And Charges Int. No. 14 - Resolution Approving Appointments To The Board Of Ethics

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 2002. Each year, approximately 65,800 tax bills are issued by the City. In 2000-01 the most recently completed fiscal year, these bills contained City and School taxes, charges and fees totaling $163,894,342. Of this amount, taxes and charges totaling $1,457,540 or .89% of the total levy, subsequently were determined to be erroneous and were cancelled. These cancellations involved 683 accounts or 1.06% 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 and was most recently approved on January 16, 2001. As a result of this latter delegation, through December 5, 2001, the Director of Finance authorized cancellations totaling $59,661.07 for 232 accounts. Under Chapter 515 of the Laws of 1997, the maximum authorized to be canceled administratively is $2,500. On January 19, 1999, the Council authorized the Director of Finance to cancel charges up to $1,000 for calendar year 1999.

Int. No. 24 - Resolution Nominating Various Persons For Membership On The Rochester-Genesee Regional Transportation Authority

Reapproval of this delegation of authority is requested for 2002. 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.

Int. No. 25 - Resolution Appointing Temporary Members To The Board Of Assessment Review

The following conditions will continue to be applicable:

The Economic Development & Government Efficiency Committee recommends for consideration the following entitled legislation:

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

Int. No. 22 - Amending The 2001-02 Budget The following entitled legislation is being held in committee: Int. No. 21 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $21,479,000 Bonds Of Said City To Finance The Cost Of Construction And Renovation Of Various Public School Buildings Within The City Respectfully submitted, Tim O. Mains Nancy K. Griswold Lois J. Giess (Voted on Intro. No. 24 & Intro. No. 25.) ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE

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 delinquent amounts) established by the Council for that year. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Services Ordinance No. 2002-20 (Int. No. 12)

Received, filed and published.

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

TO THE COUNCIL Ladies and Gentlemen:

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

Ordinance No. 2002-20 Re: Authorization - Tax Cancellations and Refunds

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:

Page 20

TUESDAY, JANUARY 15, 2002

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 2002.

S.B.L.# Class Address 106.510-0002-033 H 136 Third St. 619.27 1,100.00

Tax Year 2001

b. Church properties have been used as such since purchase. The properties are tax exempt. S.B.L.# Class Address 120.470-0001-007 NH 29 Garfield St. 867.43

Tax Year 1996

Ordinance No. 2002-21 Re: Cancellation or Refund of Erroneous Taxes and Charges

512.98 120.470-0001-048 NH 40 Lincoln Av. 505.29

1996

Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $84,604.43.

521.67 120.470-0001-049 NH 36-38 Lincoln Av. 429.50

1996

443.42 120.470-0001-050 NH 24 Lincoln Av. 5,861.43

1996

Of the total, $66,899.51 (79.0%) relates to the properties on St. Paul Street that were formerly owned by the Greater Rochester Chamber of Commerce. When these properties were sold on April 2, 2001 to the State University of New York, they immediately became exempt from taxation. Of the remaining amount, $15,985.65 (17.9%) relates to five properties owned by Faith Temple of the Living God, which is exempt from taxation. The other amount, $1,719.27 (3.1%) relates to code violation charges incurred by the former owner of the property. If the proposed cancellations are approved, total cancellations during 2001-02 will be $300,257.24, which represents .15% of the taxes receivable as of July 1, 2001. Number

Amount

27 148 175

$252,259.70 47,997.54 $300,257.24

City Council Administrative Total Respectfully submitted, William A. Johnson, Jr. Mayor

R2010: Quality Services Ordinance No. 2002-21 (Int. No. 13) 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 City taxes and charges. a. Code violation attributed to the former owner.

5,651.49

Amount Canceled $

1997 1996

TO THE COUNCIL: Ladies and Gentlemen:

$

2002

695.57 120.470-0001-008 NH 35 Garfield St. 496.87

Passed unanimously.

Amount Canceled

1997

1997

1997

1997

c. The State of New York University System purchased both properties in April 2001. The properties became tax exempt as of date of purchase. All taxes and charges are to be canceled. S.B.L.# Class Address 106.790-0001-062 NH 61 St. Paul St. 7,414.54 106.790-0001-061 NH 57 St. Paul St. 59,484.97

Tax Year 2002

Amount Canceled $

2002

Total $84,604.43 Section 2. If full or partial payment of the aforesaid taxes and charges has been made and received, the City Treasurer is hereby authorized and directed to remit to the owner of the parcel the amount of said payment without interest. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2002-5 Re: Appointment - Board of Ethics Transmitted herewith for your approval is legislation to approve the appointment to the Board of Ethics of:

Page 21

TUESDAY, JANUARY 15, 2002 Andrea R. Stridiron 120 Crawford Street Rochester, NY 14620 Ms. Stridiron will replace David Watson, who was appointed to the Planning Commission on September 25, thus requiring his resignation from the Board of Ethics. The purpose of the Board of Ethics is to interpret and enforce the Code of Ethics of the City of Rochester. The Board has five citizen members, appointed by City Council, plus the Director of Human Resource Management and one City Councilmember; I currently serve as the Council representative on the Board. Ms. Stridiron will serve the remainder of Mr. Watsonʼs term, through October 31, 2002. A copy of Ms. Stridironʼs resume is on file in the City Clerkʼs office. Respectfully submitted, Lois J. Giess President Resolution No. 2002-5 (Int. No. 14) Resolution Approving Appointments To The Board Of Ethics BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of Andrea R. Stridiron 120 Crawford Street Rochester, NY 14620 to the Board of Ethics to fill the unexpired term of David Watson through October 31, 2002. Section 2. This resolution shall take effect immediately.

people and recommended three of them for appointment. The Governor appointed only two persons, Stephen Horstman and Marilyn Schutte, neither of whom had been recommended by the Council. Of the remaining two nominees, one of them died prior to action by the Governor, so no appointment was made for that seat. These nominations are intended to fill the vacant seat allocated to the City. The length of term for each Commissioner is five years. Respectfully submitted, Lois J. Giess President Resolution No. 2002-6 (Int. No. 24) 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 P. Ryan, Jr. 439 Rocket Street Rochester, NY 14609

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 P. Ryan, Jr. to such position because of his interest and expertise in the regional transit activities of the Rochester-Genesee Regional Transportation Authority.

Adopted 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:

Section 4. This resolution shall take effect immediately.

Resolution No. 2002-6 Re: RGRTA Appointments

Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation nominating the following persons for appointment to the Rochester-Genesee Regional Transportation Authority (RGRTA). Thomas P. Ryan, Jr. Paul E. Haney 439 Rocket Street 424 Broadway Rochester, NY 14609 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. Ryan is so recommended. The City is entitled to three seats on the Authority Board. In July, 1999, the Council nominated six

Resolution No. 2002-7 Re: Temporary Appointments Board of Assessment Review Transmitted herewith for your approval is legislation appointing the following individuals to serve as temporary members of the Board of Assessment Review: Ruth E. Brooks 104 Melrose Street Rochester, NY 14619

James P. Donlon 286 Averill Avenue Rochester, NY 14620

Michael R. Galitzdorfer 43 Field Street Rochester, NY 14620

Thomas Lewis 1394 North Street Rochester, NY 14621

Eileen M. Mance 95 Merriman Street

Pamela Robinson 858 Arnett Boulevard

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TUESDAY, JANUARY 15, 2002

Rochester, NY 14607

Rochester, NY 14619

Justin Underwood 91 Jewel Street Rochester, NY 14621

Joe A. Ware, Sr. 496 Lakeview Park Rochester, NY 14613

Each year, a need arises for more review panels than can be provided by the existing five-member board. State law permits appointing a number of temporary panelists up to two times the membership of the permanent board, or a maximum of ten panelists. The City Assessor anticipates that eight panelists would be sufficient for the workload in the coming cycle. The eight temporary members would each serve for one year and would receive the same compensation rate as permanent board members. Hearings would be conducted by panels of three members each, drawn from the pool of thirteen. Each panel would have a minimum of one permanent Board member who would serve as its Chair. The City successfully utilized three-member assessment review panels during the revaluations of 1984, 1986, 1990, 1996, and 2000 as well as during the intervening years. As in the past, all panel decisions would be reviewed by the permanent Board in executive session. The Board of Assessment Review would have the option of accepting or modifying a panelʼs decision or, if necessary, scheduling a second hearing with the property owner and the Assessor to reexamine the facts and testimony. Approval of the appointments is required at this time to allow members to receive mandatory training by the County before hearings begin in March. The appointment of additional board members will have no impact on the Cityʼs budget. Respectfully submitted, Lois J. Giess President Resolution No. 2002-7 (Int. No. 25) Resolution Appointing Temporary Members To The Board Of Assessment Review Section 1. The Council hereby appoints the following persons to serve as temporary members of the Board of Assessment Review during 2002: Ruth E. Brooks 104 Melrose Street Rochester, NY 14619 14620

James P. Donlon 286 Averill Avenue Rochester, NY

Michael R. Galitzdorfer 43 Field Street Rochester, NY 14620 14621

Thomas Lewis 1394 North Street Rochester, NY

Eileen M. Mance 95 Merriman Street vard Rochester, NY 14607 14619

Pamela Robinson 858 Arnett Boule-

Justin Underwood 91 Jewel Street Rochester, NY 14621 14613

Joe A. Ware, Sr. 496 Lakeview Park Rochester, NY

Rochester,

NY

Section 2. The temporary members of the Board of Assessment Review shall be compensated in the same amount and manner as permanent Board members. Section 3. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-22 Re: 2001-02 Budget Amendment Transmitted herewith for your approval is legislation amending the 2001-02 budget by... 1. Reducing the estimate for sales tax revenues by $5,030,400 and correspondingly reducing the following appropriations: Cash capital Contingency account Total

$3,400,000 1,630,400 $5,030,400

2. Further reducing the contingency account by transferring $913,000 to the following departments to finance certain unanticipated expenditures. Environmental Services Undistributed Expense Fire Cash Capital Police Total

$223,400 15,600 53,000 77,000 544,000 $913,000

3. Appropriating $222,500 from the Seized Asset Fund to further increase appropriations for law enforcement activities. Police Undistributed Expense Cash Capital Total

$147,100 52,900 22,500 $222,500

4. Transferring $820,000 from the contingency account to the Department of Environmental Services, to provide for the proper accounting of the portion of the contingency account originally allocated to the Local Works Fund. Introduction On November 20, the City Council approved an amendment to the 2001-02 budget to reduce the total amount by $4,239,100. This reduction reflected the expectation that the amount of state aid to be received during the current fiscal year will be less than the amount originally estimated. In addition to the deficiency in state aid, the events of September 11 have resulted in decreased estimates for certain other revenues, principally sales tax collections and interest earnings, as well as increased estimates for certain expenses. It is projected that, without corrective action, the City would experience a total budget deficiency of approximately $8.4 million. The proposed budget amendments represent the initial corrective actions that are recommended. Additional budget amendments are expected to be proposed in the future. Sales Tax Reduction

Page 23

TUESDAY, JANURY 15, 2002 The total estimate for sales tax revenues included in the 2001-02 budget was $115,979,600. This estimate was based upon an assumed rate of growth of 2.00% in the fourth quarter of 2000-01 and an assumed rate of growth of 2.50% during 2001-02. The actual rate of change during the fourth quarter of 2000-01 was -4.00%, while the actual rate of change during the first quarter of 2001-02 was -2.50%. Based upon these actual collections, total sales tax revenues during 2001-02 are now projected to be about $109,712,000, about $6,267,600 less than the original estimate. This projection assumes a -5.0% rate of change during the second quarter of the fiscal year, a -1.0% rate of change during the third quarter, and a +2.0% rate of change during the fourth quarter, when most economists forecast an end to the current recession. Overall, the projected rate of change for 2001-02 is -1.7%. To compensate for the reduction in the estimate for sales tax and other revenues, on October 15, a hiring “freeze” was instituted for all departments and constraints were imposed on capital expenditures. The freeze and constraints are expected to result in significant cost avoidance, which will be reflected in the future budget amendment. However, the proposed reductions in the Cash Capital and Contingency appropriations are also considered to be required to compensate for the reduced revenues. The reduction in Cash Capital appropriations will involve the following projects and purposes. Original Recommended Appropriation Reduction Community Development South River Corridor Housing Initiative $1,000,000 $1,000,000 Atlantic Woodstock Subdivision Infrastructure 800,000 800,000 Railroad Right-of-Way Acquisition 570,000 570,000 Economic Development - Property Acquisition and Demolition 800,000 800,000 Environmental Services - Motor Equipment 542,000 230,000 Total

$3,400,000

Financing for some of these projects is not expected to be required during 2001-02. However, if financing is required, all of the projects and purposes can be accommodated within the annual debt authorization plan. During 2001-02, the maximum amount of tax-supported debt that may be issued is $16,664,800, which is equivalent to the amount of tax-supported debt that is scheduled to be redeemed. However, the present Capital Improvement Program provides for the issuance of new debt of only $13,239,000. The program therefore could be revised to provide for the financing through debt (instead of cash capital appropriations) of the aforementioned projects and still be within the specified debt limit. Unanticipated Expenditures The appropriation transfers for unanticipated expenditures involve the following activities:

1. DES/Undistributed Expense - Following the events of September 11, security has been enhanced at various City facilities. These enhancements have involved the installation of additional surveillance equipment and the deployment of additional security personnel. DES Undistributed Expense Total

$223,400 15,600 $239,000

2. Fire - An appropriation was inadvertently omitted from the 2001-02 budget for incentive payments to fire fighters who elect to obtain health insurance through sources other than the City (e.g., inclusion in the insurance coverage of a spouse). At present, 40 firefighters have made such an election, which has resulted in a cost avoidance of between $62,200 and $164,700, depending on the plan in which the firefighters otherwise would have enrolled. Of this amount, about $53,000 is expected to be remitted to the firefighters as incentive payments, under the terms of the contract with Local 1071 of the International Association of Fire Fighters. 3. Cash Capital - The gradual settling of the ground at the Quint/Midi #6 fire station at 740 N. Goodman Avenue caused extensive damage to the plumbing for the station. The cost of the temporary emergency repairs was about $77,000. The estimated cost of permanent repairs, which may require the replacement of the slab floor, is about $464,000. 4. Police - Beginning in July and extending through October, anti-violence efforts were enhanced. Most of the efforts involved the deployment of additional personnel on overtime. Through October, the department expended $1,873,858 or 78% of its total overtime allocation of $2,407,700. Of the amount expended, approximately $691,100 resulted from the deployment of the additional personnel for the anti-violence initiative. An additional cost of $52,900 was incurred for associated employee benefits. Of the combined cost of $744,000, $544,000 will be financed through the proposed transfer from the contingency account. The remaining amount, $200,000, will be financed through the proposed appropriation from the Seized Asset Fund, which is described below. Seized Asset Fund Appropriation The Seized Assets Fund contains the proceeds from the disposition of assets confiscated by the state or federal governments as a result of investigations of drug trafficking and other illegal activities. Under state and federal law, any police agency that participates in these investigations is entitled to receive a share of the proceeds. At present, the balance of the fund is $222,569. As indicated above, it is proposed that $200,000 of this amount be appropriated to partially finance the costs of the anti-violence initiative. It is further proposed that an additional $22,500 be appropriated to finance the continuation of the weapon replacement program of the Police Department. The program involves the replacement of nine millimeter handguns with .45 caliber handguns.

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TUESDAY, JANUARY 15, 2002

To date, 85 of the 710 handguns in the departmentʼs inventory have been replaced. The proposed appropriation will finance the replacement of 45 additional weapons. Local Works Fund Contingency Allocation

and appropriations to the Cash Capital Allocation by the sum of $3,400,000 and to the Contingency Account by the sum of $1,630,400. Section 4. This ordinance shall take effect immediately.

The Local Works Fund finances the costs of street cleaning and snow removal activities, as well as the hazardous sidewalk replacement program. Most of the costs of the fund are included in the DES budget.

Passed unanimously.

The amount of the contingency allocation apportioned to the Local Works Fund is $820,000 (page 1-49 of the 2001-02 budget). It is proposed that this amount be transferred from the contingency account to the DES budget, to properly reflect within that budget the total amount of the Local Works Fund allocation for operations, exclusive of employee benefits and capital costs.

Introductory No. 21 Re: Bond - City School District

Contingency Account The original amount of the contingency allocation was $5,485,700. If the proposed transfers are approved, the allocation will be reduced to $2,122,300. Original allocation Proposed transfers: Sales tax reduction Unanticipated expenditures Local Works Fund Remaining allocation

$5,485,700 $1,630,400 913,000 820,000

3,363,400 $2,122,300

This allocation is considered sufficient to finance the costs of an arbitration award for police personnel represented by the Rochester Locust Club. An award is expected to be made in late spring. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-22 (Int. No. 22) Amending The 2001-02 Budget

TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $21,479,000 and appropriating the proceeds thereof to finance the costs of design and construction of various improvements to school facilities. The authorization of such issuance was requested by the Board of Education on December 17, 2001. On August 16, the Board had requested authorization for the issuance of bonds totaling $32,620,000. However, because this amount of new debt exceeded $25,333,000, the amount of existing debt to be redeemed during 2001-02, the request was not considered by the City Council. Since the amount of the present, revised authorization request is less than the amount of debt to be redeemed, consideration of the request is recommended. When approving the revised request, the Board also rescinded the original request of August 16. The revised request will provide for improvements at 24 elementary schools, two middle schools and eight high schools, as well as the central office building, service center and temporary tutoring center. A summary of the proposed improvements is attached. This is expected to be the only authorization request to be received from the Board during 2001-02. Respectfully submitted, William A. Johnson, Jr. Mayor

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

R2010: Educational Excellence

Section 1. Ordinance No. 2001-215, the 2001-02 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 $22,500 and to the Rochester Police Department by the sum of $200,000, which amounts are hereby appropriated from funds realized from seized and forfeited assets.

BOND ORDINANCE OF THE CITY OF ROCHESTER, NEW YORK, AUTHORIZING THE ISSUANCE OF $21,479,000 BONDS OF SAID CITY TO FINANCE THE COST OF CONSTRUCTION AND RENOVATION OF VARIOUS PUBLIC SCHOOL BUILDINGS WITHIN THE CITY

Section 2. Ordinance No. 2001-215, the 2001-02 Budget of the City of Rochester, as amended, is hereby further amended by transferring amounts from the Contingency Account as follows: Police Department Department of Environmental Services Fire Department Cash Capital Undistributed Expense

$ 491,100 1,043,400 53,000 77,500 68,500

Section 3. Ordinance No. 2001-215, the 2001-02 Budget of the City of Rochester, as amended, is hereby further amended by reducing the revenue estimates

Introductory No. 21

B E I T O R D A I N E D , b y t h e C o u ncil of the City of Rochester as follows:

Page 25

TUESDAY, JANUARY 15, 2002 - TUESDAY, FEBRUARY 5, 2002 Section 1. The City of Rochester, in the County of Monroe, New York (herein called “City”), is hereby authorized to finance the 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 $21,479,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $21,479,000 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 $21,479,000 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 $21,479,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The existing buildings are of Class “A” construction as defined by Section 11.00 a.11.(a) of the Local Finance Law, and the period of probable usefulness of said specific object or purpose 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. 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. Held in committee. The meeting was adjourned at 9:01 P.M. CAROLEE A. CONKLIN City Clerk ***** SPECIAL COUNCIL MEETING February 5, 2002 Present - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Absent Councilmember Curran — 1. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Mains Economic Development & Government Efficiency Committee February 5, 2002 To the Council: Introductory No. 21, was introduced January 15, 2002,

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TUESDAY, FEBRUARY 5, 2002 - TUESDAY, FEBRUARY 12, 2002

and appears in its original form with its transmittal letter on page 24 of the current Council Proceedings. Ordinance No. 2002-23 (Int. No. 21) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $21,479,000 Bonds Of Said City To Finance The Cost Of Construction And Renovation Of Various Public School Buildings Within The City Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. The meeting was adjourned at 5:19 P.M. CAROLEE A. CONKLIN City Clerk ***** REGULAR MEETING February 12, 2002 Present - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Absent - none - 0.

THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Renaming The Portion Of Lattimore Road Between Kendrick Road And Elmwood Avenue As Kendrick Road Int. No. 27 No speakers. Renaming United Way As Bragdon Place 28 No speakers.

Int. No.

Authorizing Increases In The Pavement Width Of Ellington Road As A Part Of The Curb Replacement Program Int. No. 30 No speakers. Local Improvement Ordinance - Replacement Of Monuments On Arnold Park Int. No. 44 Five speakers: Frank Zwemer, Emelyn Logan Baldwin, James Parrillo, Ken Merzel and Ann Stenzel. Changing The Zoning Classification Of 11-35 Orange Street And 14-34 Romeyn Street From R-2 Two-Family Residential And 583 Broad Street And 37 Romeyn Street From M Manufacturing Industrial To C-2 Community Commercial Int. No. 36 Three speaker: Dan Aiken, Ellen Perez, and Mr. Perez. Authorizing An Amendatory 2001-02 Community Development Program Plan And An Agreement For A Float Loan For The Near Westside Rental Project Int. No. 38 No speakers.

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.

Authorizing An Amendatory 2001-02 Community Development Program Plan And An Agreement For A Float Loan For The Canal Place Project Int. No. 45 No speakers.

Recognition Ceremony Award Proclamation From The Mayor Of New Orleans

INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS.

APPROVAL OF THE MINUTES By Councilmember Stevenson RESOLVED, that the minutes of the Regular Meeting of January 15, 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: Reports: 3680-7 1. Schedule of Revenues and Expenditures 2. Police and Fire Overtime Report 3. Claims Report 4. Report of Professional Service Agreements of $10,000 or Less THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. By President Giess - Petition from residents of Arnold Park in favor of the restoration of the monuments. Petition No. 5094

Councilmember Mains moved to have Introductory No. 52 voted on at the end of meeting. The motion was seconded by President Giess. The motion was adopted unanimously. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Stevenson February 12, 2002 To the Council: The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 43 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Ford Street Bridge Rehabilitation Project Int. No. 46 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $100,000 Bonds Of Said City To Finance Additional Costs Of Implementing Environmental Clean-Up Of 14-60 Charlotte Street Within The City The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation:

Page 27

TUESDAY, FEBRUARY 12, 2002 Int. No. 27 - Renaming The Portion Of Lattimore Road Between Kendrick Road And Elmwood Avenue As Kendrick Road Int. No. 28 - Renaming United Way As Bragdon Place Int. No. 30 - Authorizing Increases In The Pavement Width Of Ellington Road As A Part Of The Curb Replacement Program Int. No. 42 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The West Ridge Road Improvement Project And Appropriating Funds Int. No. 44 - Local Improvement Ordinance - Replacement Of Monuments On Arnold Park

These services included: 1. The requirement by the NYS Department of Transportation for an inspector trainee to be assigned to the project; and 2. More overtime and night-shift inspection services than originally anticipated to permit Pike to meet project deadlines. If the proposed amendatory agreement is approved, the total cost of the agreement with Bergmann will increase to $1,036,000. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods

The following entitled legislation is being held in committee:

Ordinance No. 2002-24 (Int. No. 43)

Int. No. 29 - Authorizing An Increase In The Pavement Width Of Strohm Street As A Part Of The Curb Replacement Program

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Ford Street Bridge Rehabilitation Project

Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE

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

Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-24 Re: Agreement - Bergmann Associates, Ford Street Bridge Rehabilitation Project Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Bergmann Associates, 200 First Federal Plaza, for additional resident project representation services for the Ford Street Bridge Rehabilitation Project. The maximum cost of this agreement will be $100,000, which will be financed with previously approved federal and state reimbursements and bond issues.

Section 1. The sum of $100,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Bergmann Associates for resident project representation services for the Ford Street Bridge Rehabilitation Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $5,000 shall be funded from Bond Ordinance No. 2000-67, $80,000 shall be funded from the appropriation made in Section 1 of Ordinance No. 99-277 and $15,000 shall be funded from the appropriation made in Section 2 of Ordinance No. 99-277. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

The project involved widening of the bridge deck; restoration of the existing trusses; repair of the sidewalks and curbs on the approaches to the bridge; modifications to the piers and abutments; replacement of structural flooring members; improvements to the railings; painting of steel; installation of pedestrian lighting and historic period details; new pavement striping and signage; and minor repairs to the bridge over the abandoned railroad track. Design of the project, by Bergmann, was authorized by the City Council on July 22, 1997 and December 15, 1998.

Ordinance No. 2002-25 Re: Bond - Charlotte Street Environmental Remediation

Construction of the project began in the spring of 2001 and was substantially completed in December, 2001. The work was performed by The Pike Company.

The latter bonds were authorized for environmental remediation on seven properties that are intended to be used for future residential development. The acquisition of these properties was authorized by the City Council on April 13, 1999.

The original bid for the project was $7,959,590, with an additional $1,304,410 allocated for contingencies. The estimated final construction cost is $8,550,000. The proposed amendatory agreement with Bergmann will provide for payment of the costs of additional inspection services required during construction.

Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $100,000 and appropriating the proceeds thereof to finance the costs of additional environmental remediation services on various properties on Charlotte Street. These bonds will supplement bonds authorized by the City Council on January 16, 2001.

The environmental remediation services are being provided by Day Environmental, Inc. They include: 1. Removal and disposal of contaminated soil;

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TUESDAY, FEBRUARY 12, 2002

2. Recovery and removal of any petroleum floating on the groundwater; 3. Collection of confirmatory soil samples; 4. Post clean-up monitoring; 5. Preparation of a health risk assessment; and 6. Preparation of long-term soil management and monitoring plans. Originally, it was estimated that approximately 1,100 tons of contaminated soil would have to be removed. However, to date, the actual volume of soil required to be removed is 1,300 tons. The supplemental bond issue will finance the costs of removal and disposal of the additional amount of soil. It will also finance the costs of environmental investigation of 80-100 Charlotte Street, which is adjacent to the properties owned by the City. This property, previously used for electrical repair and maintenance, is currently for sale. The purchase of this property is being considered, to add .8 acres to the development site The environmental investigation is required to determine whether remediation of the property will be necessary, the costs of which will affect the purchase price. Finally, the bond issue will finance the costs of geotechnical investigations to determine the engineering controls required for development of the site. Proposals for development are expected to be solicited in February. In summary, the incremental cost to be financed by the proposed supplemental bond issue are: Additional soil removal Environmental Investigation: 80-100 Charlotte Street Geotechnical Investigation Total

$ 49,000 31,000 20,000 $100,000

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Environmental Stewardship Attachment No. AB-8 Ordinance No. 2002-25 (Int. No. 46) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $100,000 Bonds Of Said City To Finance Additional Costs Of Implementing Environmental Clean-Up Of 14-60 Charlotte Street 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 additional costs of implementing the clean-up of certain hazardous substances at 1460 Charlotte Street which is located within the City (the “Project”). The estimated maximum cost of said specific object or purpose described herein, including preliminary costs and costs incidental thereto and the financing thereof, is now currently estimated to be approximately $220,000, and said amount is hereby

appropriated therefor. The plan of financing includes the issuance of $100,000 bonds of the City to finance said appropriation, together with the application of $120,000 bonds previously appropriated in Ordinance No. 2001-3, 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. Additional bonds of the City in the principal amount of $100,000, supplementing those previously authorized, 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 $100,000. 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.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 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

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TUESDAY, FEBRUARY 12, 2002 or purpose for which the City is not authorized to expend money, or

Attachment No. AB-9

(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

Renaming The Portion Of Lattimore Road Between Kendrick Road And Elmwood Avenue As Kendrick Road

(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:

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.

Section 1. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by renaming the portion of Lattimore Road between Kendrick Road and Elmwood Avenue as Kendrick Road.

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. 2002-26 Re: Official Map Amendment Lattimore Road Transmitted herewith for your approval is legislation amending the Official Map by renaming the portion of Lattimore Road between Kendrick Road and Elmwood Avenue as Kendrick Road. The renaming was requested by the University of Rochester following completion of the Lattimore/ Kendrick Road Improvement Project. Among other things, the project involved various changes in the width and alignment of both roads, which were approved by the City Council on April 26 and July 17, 2001. As a result of certain of these changes, the portion of Lattimore Road between Kendrick Road and Elmwood Avenue now appears to be an extension of Kendrick Road. Under the proposed legislation, it will be renamed accordingly. The Planning Commission held an informational meeting on the proposed renaming on January 12, 2002; a representative of the U. of R. was the only speaker. The Commission recommended by a vote of 8-0 that the renaming be approved. 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 renaming will not result in any significant effects. A negative declaration has been issued. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods

Ordinance No. 2002-26 (Int. No. 27)

Section 2. This ordinance shall take effect immediately. Passed unanimously TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-27 Re: Official Map Amendment United Way Transmitted herewith for your approval is legislation amending the Official Map by renaming United Way as Bragdon Place. On July 13, 1993, the City Council approved the renaming as United Way of the portion of Mortimer Street between St. Paul Street and Bragdon Place. The renaming was requested by the Greater Rochester Chamber of Commerce to commemorate the 75th anniversary of the United Way of Greater Rochester, Inc., which at that time was the primary tenant of the Chamber building. On April 2, 2001, the State University of New York - Brockport acquired the Chamber building and the United Way relocated to College Avenue. The space previously utilized by the United Way is now occupied by Brockport. Because of its occupancy, Brockport requested that United Way be renamed SUNY Brockport Place. However, the Bureau of Buildings and Zoning recommended that it instead be renamed Bragdon Place. The recommendation was based on a recognition that the chamber building was among those designed by the renowned architect, Claude Bragdon, and that, under the street name guidelines promulgated in May, 2001, the use of different names for different portions of the same street is to be avoided. Also, most people associate SUNY Brockport with the Village of Brockport. The Planning Commission held an informational meeting on the proposed renaming on January 14; there were two speakers, who supported the renaming of the street to SUNY Brockport Place. The Commission recommended by a vote of 7-1 that the street be renamed Bragdon Place. 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 renaming will not have a significant effect on the environment since it is a Type II action.

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TUESDAY, FEBRUARY 12, 2002

Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2002-28 (Int. No. 30) Authorizing Increases In The Pavement Width Of Ellington Road As A Part Of The Curb Replacement Program

R2010: Center City Attachment No. AB-10 Ordinance No. 2002-27 (Int. No. 28) Renaming United Way As Bragdon Place BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by renaming United Way, between St. Paul Street and Bragdon Place, as Bragdon Place. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-28 And Introductory No. 29 Re: Pavement Width Increases - Strohm Street and Ellington Road Transmitted herewith for your approval is legislation approving the following increases in pavement width: 1. An increase of 4ʼ in the pavement width of Strohm Street, from 20ʼ to 24ʼ; and 2. Increases in the pavement width of Ellington Road of... a. 4ʼ, from 20ʼ to 24ʼ, from Oakwood Road to a point 50ʼ west of Elwood Drive, and b. 6ʼ, from 20ʼ to 26ʼ, from the latter point to Dewey Avenue. The increases will occur in conjunction with the Curb Replacement Program. They were designed by personnel of the Bureau of Architecture and Engineering Services and will be accompanied by the replacement of catch basins, driveway aprons and sidewalks, as necessary. Construction of the improvements is scheduled to begin in the spring and be completed in the fall. A public informational meeting concerning the improvements was held on January 22. A copy of the minutes of this meeting will be forwarded to the City Council as soon as possible. The Traffic Control Board will consider the proposed increases on February 5. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Attachment No. AB-11

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 4 feet in the pavement width of Ellington Road, from 20 feet to 24 feet, from Oakwood Road to 50 feet west of Elwood Drive, and an increase of 6 feet, from 20 feet to 26 feet, from 50 feet west of Elwood Drive to Dewey Avenue, as a part of the Curb Replacement Program. Section 2. Such change and additional changes as a part of the Curb Replacement Program shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. Introductory No. 29 AUTHORIZING AN INCREASE IN THE PAVEMENT WIDTH OF STROHM STREET AS A PART OF THE CURB REPLACEMENT PROGRAM BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 4 feet in the pavement width of Strohm Street, from 20 feet to 24 feet, from Clayton Street to Lake Avenue, as a part of the Curb Replacement Program. Section 2. Such change and additional changes as a part of the Curb Replacement Program shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Held in committee. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-29 Re: W. Ridge Road Improvement Project Transmitted herewith for your approval is legislation relating to the West Ridge Road Improvement Project. This legislation will: 1. Appropriate a total of $147,000 in anticipated federal and state reimbursements to finance a portion of the costs of the project: Federal State Total

$117,600 29,400 $147,000

2. Authorize an amendatory agreement with

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TUESDAY, FEBRUARY 12, 2002 Bergmann Associates, 200 First Federal Plaza, for additional preliminary design services, at a maximum cost of $289,400.

William A. Johnson, Jr. Mayor

The cost of the agreement will be financed with the proposed and previously approved federal and state reimbursements.

Attachment No. AB-12

The project, which extends from the Veterans Memorial Bridge to Hanford Landing Road, is one of three reconstruction projects that are planned by the NYS Department of Transportation for West Ridge Road, extending from the bridge to North Greece Road in Greece. The projects are designed to improve safety and capacity, as well as to improve the condition of the pavement. The cost of the project will be financed primarily by the federal and state governments. However, the project is being administered by the City under an agreement authorized by the City Council on August 10, 1999. Design of the project, by Bergmann, was authorized by the Council on April 18, 2000. The project will include reconstruction of the pavement; construction of loading and drop-off areas in front of the buildings at Kodak Park; construction of a limited access road on the south side of Ridge Road east of Lake Avenue; relocation of certain utilities; replacement of curbs, driveway aprons and sidewalks; traffic modifications; and special landscaping. The improvements require the acquisition of adjacent properties on the south side of Ridge Road west of Lake Avenue and the north side of Ridge Road east of Lake Avenue. Agreements for the appraisal of these properties were authorized by the Council on November 20, 2001. Construction of the project is expected to begin in 2004 and be completed in 2005. The present estimated cost of the project is $16,843,000, which is expected to be financed as follows: Federal State City Total

$10,754,000 2,789,000 3,300,000 $16,843,000

The proposed amendatory agreement with Bergmann will provide for the following additional services: 1. Design - expansion of the scope of the project to include: a. Pedestrian and traffic improvements on Maplewood Drive, between Gorsline Street and Keehl Street, and b. Relocation and reconstruction of a portion of Minder Street. 2. Relocation assistance to occupants who will be displaced by the project. If the proposed amendatory agreement is approved, the total cost of the agreement with Bergmann will increase to $1,633,000. Public informational meetings concerning the project were held on May 28, 1999 and December 12, 2001. A copy of the minutes of the first meeting were previously forwarded to the Council; a copy of the minutes of the second meeting is attached. Respectfully submitted,

R2010: Healthy Urban Neighborhoods Ordinance No. 2002-29 (Int. No. 42) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The West Ridge Road Improvement Project And Appropriating Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $289,400, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and Bergmann Associates for engineering and design services for the West Ridge Road Improvement Project. The agreement may extend until six (6) months after completion and acceptance of the construction of the Project. Of said amount, $117,600 shall be funded from the appropriation made in Section 2 hereof, $29,400 shall be funded from the appropriation made in Section 3 hereof, $113,920 shall be funded from the appropriation made in Section 2 of Ordinance No. 2000-111 and $28,480 shall be funded from the appropriation made in Section 3 of Ordinance No. 2000-111. Section 2. The sum of $117,600, or so much thereof as may be necessary, is hereby appropriated from anticipated reimbursements from the Federal Highway Administration in order to fund preliminary engineering and design services, right of way incidentals and project administration for the West Ridge Road Improvement Project. Section 3. The sum of $29,400, or so much thereof as may be necessary, is hereby appropriated from anticipated reimbursements from the State of New York in order to fund preliminary engineering and design services, right of way incidentals and project administration for the West Ridge Road Improvement Project. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1496 Re: Local Improvement District Arnold Park Transmitted herewith for your approval is legislation relating to the monuments at the entrances of Arnold Park. This legislation will authorize... 1. The establishment of a local improvement district on Arnold Park to finance part of the cost of replacement of the monuments; and 2. An amendatory agreement with the Landmark Society of Western New York, Inc., for receipt and use of the funds received from establishment of the district. Arnold Park was established in 1853 by William E.

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Arnold and was originally dedicated to the adjacent property owners. In 1912, the property owners dedicated the street to the City. The street contains ornamental entrances at the intersections of both East and Park Avenues. At one time, between 1888 and 1912, these entrances contained iron gates. At present, they contain cast stone and concrete gate posts, balustrades and pedestals and cast iron planters. All of the four monuments, which were designated as landmarks in 1969, are in deteriorated condition. In 2000, the City executed an agreement with the Landmark Society for maintenance of the current monuments until their removal and the design, construction and maintenance of replacement monuments. This agreement was executed in anticipation of the receipt by the Arnold Park Neighborhood Association of a grant or donation to finance part or all of the costs of the replacement. A donation of approximately $90,000 has indeed been received. The proposed local improvement district will provide a mechanism through which the remaining portion of the total estimated replacement cost of $180,000 can be financed. The City will pre-finance the remaining cost through an appropriation from the Local Improvement Fund. Repayment of this amount by the property owners on Arnold Park will occur over 15 years at an interest rate equivalent to 1% more than the Cityʼs borrowing rate. The repayment will occur through the assessment of annual charges against the properties based upon front footage. The total estimated annual charge is $8,387.75. Petitions supporting the establishment of the district were received from 11 of the 22 property owners on the street. The front footage of these properties comprises 61% of the total front footage. A public hearing on the establishment of the district is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Attachment No. AB-13 Local Improvement Ordinance No. 1496 (Int. No. 44) Local Improvement Ordinance - Replacement Of Monuments On Arnold Park BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby authorizes the replacement of the monuments at the northern and southern ends of Arnold Park. Section 2. The Council hereby finds that the replacement of the monuments will benefit the parcels of property within the district described in proportion to each parcelʼs front footage along Arnold Park within the District, as follows: Property Address SBL Number

Front Footage

4 Arnold Park 75 LF 121.340-0002-005.000 5-7 Arnold Park 218 LF 121.350-0001-064.000 6-6.5 Arnold Park 75 LF 121.340-0002-006.000 8 Arnold Park 75 LF 121.340-0002-007.000 9 Arnold Park 75 LF 121.350-0001-063.000 10 Arnold Park 75 LF 121.340-0002-008.000 11 Arnold Park 75 LF 121.420-0001-023.000 12 Arnold Park 75 LF 121.340-0002-009.000 14 Arnold Park 75 LF 121.340-0002-010.000 15 Arnold Park 75 LF 121.420-0001-024.000 16 Arnold Park 75 LF 121.420-0001-022.000 17 Arnold Park 75 LF 121.420-0001-025.000 18 Arnold Park 112 LF 121.420-0001-021.000 19 Arnold Park 75 LF 121.420-0001-026.000 20 Arnold Park 37 LF 121.420-0001-020.000 21 Arnold Park 100 LF 121.420-0001-027.000 22 Arnold Park 73 LF 121.420-0001-019.000 23-25 Arnold Park 48 LF 121.420-0001-028.000 565 East Avenue 275.40 LF 121.350-0001-065.000 4 Meigs Street 266.30 LF 121.340-0002-004.000 160 Park Avenue 100 LF 121.420-0001-018.000 182-184 Park Avenue 100 LF 121.420-0001-029.000 Section 3. Such district is hereby defined to be the Special Assessment District for the payment of additional costs relating to the replacement of the monuments. The Council hereby finds that the replacement of the monuments benefits each parcel of property within the district on the basis of each parcelʼs front footage within the District, and the costs of such replacement shall be allocated among the parcels in the district on that basis. Section 4. The cost of improvements and work described in Section 1, including the cost of any necessary professional design and engineering work, not to exceed $90,000, plus interest at a rate 1% above the Cityʼs “latest borrowing rate” on the unpaid balance, shall be assessed on the property within the limits of the district of assessment described above, in the amounts set forth above. The Council hereby deems such property to be benefited by such improvements and proper to be assessed therefor. The Cityʼs “latest borrowing rate” shall be the most recent rate at which the City shall have sold long-term bonds prior to the date of initial billing of the assessments. Section 5. The assessments shall be billed on the annual tax bill for the property in 15 equal annual installments, beginning with the 2002-03 tax bill. Section 6. The total cost of said improvements and work, up to $90,000, shall be charged as described in this ordinance and paid from the local improvement

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TUESDAY, FEBRUARY 12, 2002 fund, and said amount, or so much thereof as may be necessary, is hereby appropriated for this purpose. Section 7. The Mayor is hereby authorized to enter into an amendatory agreement with the Landmark Society of Western New York, Inc., as agent for the Arnold Park Neighbors, for the replacement of the monuments at the northern and southern ends of Arnold Park. Section 8. 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, shall be funded from the appropriation made in Section 6. Section 9. The amendatory agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 10. 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.

Re: Agreement - Erdman, Anthony and Associates, Arena Ice Rink Replacement Transmitted herewith for your approval is legislation authorizing an agreement with Erdman, Anthony and Associates, 2165 Brighton-Henrietta Town Line Road, for resident project engineering services relating to the replacement of the ice rink at the Blue Cross Arena at the War Memorial. The maximum cost of this agreement will be $36,900, which will be financed from the 2001-02 Cash Capital allocation of the Department of Parks, Recreation and Human Services (Arena Fund). The present ice floor was installed in 1973. In 1999, leaks in the refrigerant system were detected. During the summer of 1999, a portion of the floor was excavated and two pipes were replaced. The pipes had holes and substantial corrosion and the contractor, Mollenberg and Betz, indicated that similar holes and corrosion were likely in other piping. When operation of the refrigerant system resumed in the fall of 1999, leaks of glycol were immediately detected. Although the system is operated with the least amount of pressure, approximately five gallons of glycol are collected monthly from the leaks.

By Councilmember Douglas February 12, 2002

On August 21, 2001, the City Council authorized an agreement with Erdman for development of the specifications for replacement of the ice floor. The replacement will include the refrigerant headers, distribution system piping, insulation and ice pad.

The Public Safety, Services & the Arts Committee recommends for adoption the following entitled legislation:

The replacement is scheduled to begin during the summer of 2002 and be completed by October. The estimated cost of the project is $685,200, which will be financed form the proceeds of the bonds previously issued for renovation of the Arena and existing Cash Capital allocations.

To the Council:

Int. No. 31 - Establishing $36,900 As Maximum Compensation For A Professional Services Agreement For The Replacement Of The Ice Rink Floor At The BlueCross Arena At The War Memorial Int. No. 32 - Authorizing An Agreement For Neighborhood Center Improvements Int. No. 47 - Authorizing An Application And Agreement For The Motor Vehicle Theft & Insurance Fraud Prevention Program And Amending The 200102 Budget Int. No. 48 - Amending The 2001-02 Budget With Respect To The COPS 311 Grant Int. No. 49 - Establishing $62,000 As Maximum Compensation For A Professional Services Agreement With Monroe Community College For The AmeriCorps Program Respectfully submitted, Benjamin L. Douglas Robert J. Stevenson Tony M. Thompson Gladys Santiago PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-30

Erdman is recommended to provide inspection services because of its familiarity with the project. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Tourism Destination Ordinance No. 2002-30 (Int. No. 31) Establishing $36,900 As Maximum Compensation For A Professional Services Agreement For The Replacement Of The Ice Rink Floor At The BlueCross Arena At The War Memorial BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $36,900, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Erdman, Anthony and Associates for resident engineering, inspection and project management services for the replacement of the Ice Rink Floor at the BlueCross Arena at the War Memorial. The agreement may extend until three (3) months after completion of a two-year guarantee inspection of the Project. Said amount shall be funded from the 2001-02 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately.

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Passed unanimously.

Because of the extended delay in the start of construction of the improvements, the estimated cost of the project has increased by $350,000. This incremental cost is expected to be financed from supplemental allocations from the City ($300,000) and UNCGR ($50,000).

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-31 Re: Agreement - UNCGR, United Neighborhood Center Plan Transmitted herewith for your approval is legislation authorizing an agreement with the United Neighborhood Centers of Greater Rochester Foundation, Inc., for the provision of supplemental financial support for its program of providing for the renovation, expansion or replacement of neighborhood centers. The maximum cost of this agreement will be $166,500, which will be financed from the Housing Stock and General Property Conditions of the 2000-01 Community Development Block Grant. The UNCGR was established in 1982 to coordinate the operations and services of the various neighborhood centers in Rochester. In 1991, the UNCGR conducted a study of the needs of the people served by each center and the capacity of the center to address these needs. Based upon this study, a plan for the improvement of the centers was developed. The UNCGR Foundation was established in 1992 to implement this improvement plan and to conduct the necessary fund raising campaign. To date, the Foundation has raised $16,969,400, which has been used or committed to the following purposes: Lewis Street Center Eastside Community Center Charles Settlement House Baden Street Settlement House Southwest Community Center Montgomery Neighborhood Center Community Place (Carter Street) Shared Services Unit/Agency Consolidation Fund Raising and Administration Total Disbursements and Commitments

$ 2,561,800 2,701,900 4,170,000 47,000 1,663,200 26,400 2,950,000 1,097,040 1,711,000 $16,928,340

The uncommitted amount is being reserved for contingencies and the cost of dissolution of the Foundation, which is expected to occur after the Community Place project is completed. Any remaining funds will revert to the United Way of Greater Rochester, which has provided the most funds to the Foundation. The Cityʼs original commitment to the Foundation was $1.1 million. To date, the City Council has appropriated $933,500 of this amount for the following projects: Date Project Amount June 28, 1994 May 9, 1995 November 19, 1996 March 17, 1998 February 16, 1999 Total

Eastside $166,700 Charles 166,700 Charles 132,600 Southwest Community Center 166,700 Genesee/Lewis 300,800 $933,500

The proposed appropriation will be used principally to finance renovations at the Lewis Street Center. Some of the funds, however, will be used to finance a portion of the cost of design of the Community Place improvements.

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Attachment No. AB-14 Ordinance No. 2002-31 (Int. No. 32) Authorizing An Agreement For Neighborhood Center Improvements 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 Neighborhood Centers of Greater Rochester Foundation, Inc. to administer funds for the renovation of the Lewis Street Center and the Carter Street Recreation Center. Section 2. The agreement shall obligate the City to pay an amount not to exceed $166,500, 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 2000-01 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. 2002-32 and Ordinance No. 2002-33 Re: Police Grants Transmitted herewith for your approval is legislation relating to the receipt and use of two grants for police programs. This legislation will: 1. Authorize an application to and an agreement with the NYS Division of Criminal Justice Services for receipt of a grant of $50,000 under the Motor Vehicle Theft and Insurance Fraud Prevention Program; and 2. Amend the 2001-02 budget and Cash Capital allocation of the Police Department to reflect the amount of the grant to be expended during the current fiscal year and the appropriation of the remaining amount of a previously approved COPS 311 grant. Police Department Cash Capital Total

$ 15,000 105,000 $120,000

Motor Vehicle Theft Prevention Program

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TUESDAY, FEBRUARY 12, 2002 The stateʼs motor vehicle theft prevention program, which is financed from a $1.00 surcharge on vehicle insurance premiums, is intended to reduce vehicle thefts and insurance fraud incidents. The most recent grant to the City under the program was authorized by the City Council on December 15, 1998. The grants funds have been used to acquire “bait” vehicles with alarms and for investigations into theft “rings” and “chop shops” and the “Watch Your Car” public information and educational campaign. The funds from the proposed new grant will be used for the payment of overtime for investigations.

Section 4. This ordinance shall take effect immediately. Passed unanimously. Councilmember Douglas moved to amend Introductory No. 48. The motion was seconded by Councilmember Stevenson. The motion was adopted unanimously. Ordinance No. 2002-33 (Int. No. 48, As Amended)

COPS 311 The receipt of a grant of $383,900 under the COPS 311 program was authorized by the Council on October 28, 1999. The grant has been used to finance the costs of the 3-1-1 demonstration program.

Authorizing A COPS Grant And Amending The 2001-02 Budget With Respect To Said Grant And The COPS 311 Grant

As you are aware, the 3-1-1 program is intended to reduce the total number of calls that are dispatched through the 9-1-1 program and, because of the reduction, to improve the response times for the calls that continue to be dispatched. The reduction in required dispatches is expected to result from the provision of alternative response options, such as reports by telephone or appointment, mail-in reports, and reports to alternative locations like patrol sections or NET offices.

Section 1. Ordinance No. 2001-215, the 2001-02 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 $105,000, which amount is hereby appropriated from funds received under the 1999 COPS 311 Grant Program.

To date, $278,900 of the grant amount has been appropriated. The proposed legislation will provide for appropriation of the remaining amount to reimburse the Cash Capital account of the Police Department for the cost of equipment previously acquired. An evaluation report on the 3-1-1 program is expected to be submitted to the Council within 60 days. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Services Ordinance No. 2002-32 (Int. No. 47) Authorizing An Application And Agreement For The Motor Vehicle Theft & Insurance Fraud Prevention Program And Amending The 2001-02 Budget 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 Motor Vehicle Theft & Insurance Fraud Prevention Program. Section 2. Ordinance No. 2001-215, the 200102 Budget of the City of Rochester, as amended, is hereby further amended by increasing the revenue estimates and appropriations to the Rochester Police Department by the sum of $15,000, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein. Section 3. The application and agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

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

Section 2. The Mayor is hereby authorized to submit an application to and enter into an agreement with the United States Department of Justice, Office of Community Oriented Policing, for funding under a COPS Grant Program. Section 3. Ordinance No. 2001-215, the 200102 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 $84,000, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein. Section 4. The application and agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 5. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-34 Re: Agreement - Monroe Community College, AmeriCorps Program 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 be $62,000, which will be financed from the 2001-02 budget for Undistributed Expense. The AmeriCorps program is a federal community service initiative for individuals ages 17 or older. The

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Cityʼs participation in the program was authorized by City Council on September 29, 1994. The program is administered by the aforementioned Collaborative, which consists of representatives of Action for a Better Community, Ibero American Action League, Neighborhood Based Alliance, Rochester Area Foundation, City School District, Task Force to Reduce Violence, Monroe County, Puerto Rican Youth Development, United Neighborhood Centers, Center for Youth Services and the Urban League of Rochester, as well as the City of Rochester and Monroe Community College. 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 necessary) and an educational award of up to $4,725. In Rochester, the public services are directed toward improving the reality and perception of public safety in neighborhoods of highest need. Approximately 700 persons have participated in the program since its inception in 1994. Of this number, 476 successfully completed the requirements for 1700 hours of community service and 83 are currently nearing completion. Under the proposed agreement, AmeriCorps members will continue to work in Police section offices, NET offices, recreation centers and Pathways to Peace offices. The cost of the agreement is the same as the present agreement. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Ordinance No. 2002-34 (Int. No. 49) Establishing $62,000 As 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 $62,000, 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 amount shall be funded from the 2001-02 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Norwood February 12, 2002 To the Council: The Housing and Community Development Committee recommends for adoption the following entitled legislation: Int. No. 33 - Authorizing The Sale Of Real Estate

Int. No. 34 - Authorizing A Loan Agreement For The Vermont Manor Rental Housing Project And Amending Ordinance No. 2000-120 Int. No. 35 - Authorizing An Application And Agreements Relating To The Housing Opportunities For Persons With AIDS Program Int. No. 50 - Resolution Approving Appointments To The Board Of Trustees of The Rochester Public Library The Housing and Community Development Committee recommends for consideration the following entitled legislation: Int. No. 36 - Changing The Zoning Classification Of 11-35 Orange Street And 14-34 Romeyn Street From R-2 Two-Family Residential And 583 Broad Street And 37 Romeyn Street From M Manufacturing Industrial To C-2 Community Commercial Int. No. 37 - Approving Sale Of Real Estate And A Loan Agreement For The Near Westside Rental Project Int. No. 38 - Authorizing An Amendatory 200102 Community Development Program Plan And An Agreement For A Float Loan For The Near Westside Rental Project Int. No. 39 - Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The Near Westside Rental Project Int. No. 45 - Authorizing An Amendatory 200102 Community Development Program Plan And An Agreement For A Float Loan For The Canal Place Project Respectfully submitted, Wade S. Norwood Benjamin L. Douglas (Abstained vote on Introductory No. 34.) Nancy K. Griswold (Absent) Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-35 Re: Real Estate Sales Transmitted herewith for your approval is legislation approving the sale of 11 properties. The first two properties - 308-310 Jay Street and 161 Shelter Street - were included in the public auction of September 24, 2001. The purchasers will be required to rehabilitate the properties and obtain Certificates of Occupancy within nine months of the conditional closing. The next three properties - 125 Baycliff Drive, 12981304 Dewey Avenue and 913 Goodman Street - will be sold to their former owners. The purchase prices include all delinquent taxes, interest and penalties. The next three properties were included in the homesteading lottery of November 13, 2001 and will be sold for $1.00 each. The purchasers will be required to rehabilitate the structures within 18 months of the

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TUESDAY, FEBRUARY 12, 2002 conditional closing and to occupy the properties for a minimum of five years. The remaining three properties are considered unbuildable because of their size. They will be sold for $1.00 to the owners of adjacent properties and combined with those properties. Respectfully submitted, William A. Johnson, Jr. Mayor

Section 6. This ordinance shall take effect immediately. Passed unanimously.

R2010: Healthy Urban Neighborhoods

TO THE COUNCIL: Ladies and Gentlemen:

Attachment No. AB-15 Ordinance No. 2002-35 (Int. No. 33) 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

308-310 Jay St. 3 Family 105.84-1-32 Ray Testa 161 Shelter St. 2 Family 120.83-1-10 Robert Pollock

Price $6,800 5,300

Section 2. The Council hereby further approves the sale of the following parcels of improved property to former owner: Address S.B.L.#

Price

Purchaser

125 Baycliff Dr. $ 5,213.17 107.37-2-51 Robert Fonda 1298-1304 Dewey Ave. 18,735.17 090.58-1-60 John P. Brown 913 S. Goodman St. 8,564.32 121.81-3-12 Sharon R. Acquilano Section 3. The Council hereby further approves the sale of the following parcels of improved property through the Homesteading Lottery for the sum of $1.00: Address

S.B.L.#

131 Michigan St. 105.41-4-61 34 Treyer St. 106.22-4-42 313 Weaver St. 091.72-3-12

Purchaser Howard Henry Luz Colon Cyndia Perez

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.#

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.

Sq. Ft. Purchaser

51 Merrimac St. 2890+/106.40-4-49 James Peterson 7-9 Orleans St. 4807 120.58-3-51 & 50 Bobby J. Anderson, Sr. 36 Rockland Pk. 4627+/120.51-4-58 Michael Shine

Ordinance No. 2002-36 Re: Agreement - Vermont Manor LLC, Rental Housing Project Transmitted herewith for your approval is legislation authorizing an agreement with Vermont Manor LLC for a loan to partially finance the costs of a rental housing project. The maximum cost of this agreement will be $145,000, which will be financed from the 1998-99 and 1999-2000 City Development Fund. Vermont Manor was established by the YWCA for development of the project, which will involve the renovation of a 14-unit, three-story, brick apartment building at 1305 Culver Road, at the intersection with Vermont Street. The building will be renovated into six two-bedroom, eight one-bedroom and two studio units. The renovations, which were begun in January, include the replacement of kitchens, bathrooms and windows; the upgrade or replacement of mechanical systems; installation of yard lighting and fencing; and the creation of a play area for children. The estimated cost of the project is $1,172,757. Property acquisition Construction Professional services Financing charges Development fee Working capital Reserves Total

$ 199,000 570,194 89,808 78,641 138,198 22,918 73,998 $1,172,757

This cost is expected to be financed as follows: City loan Daisy Marquis Jones Foundation Federal Home Loan Bank Bank mortgage Tax credits/equity Total

$ 145,000 100,000 120,000 214,000 593,757 $1,172,757

The City loan will have a term of 30 years with an interest equal to the applicable borrowing rate. Repayment will occur at maturity. The units will provide transitional housing, primarily for households headed by females. The households will be required to have incomes of less than 50% of the Rochester Metropolitan Statistical Area. The estimated rents are as follows: Studio One-bedroom Two-bedroom

$375 475 575

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TUESDAY, FEBRUARY 12, 2002

Families may receive financial assistance through the Section 8 program or the Monroe County Department of Social Services. Tenant referrals will be accepted from North East Area Development and the Beechwood Neighborhood Association. Supportive services will be provided by the YWCA or other appropriate agencies. The YWCA services will be provided both on site and at its headquarters. Respectfully submitted, William A. Johnson, Jr. Mayor

Persons With AIDS Program Transmitted herewith for your approval is legislation relating to the Housing Opportunities for Persons With AIDS 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 $536,000; 2. Authorize agreements with the following organizations for housing assistance services: Organization

R2010: Healthy Urban Neighborhoods Ordinance No. 2002-36 (Int. No. 34) Authorizing A Loan Agreement For The Vermont Manor Rental Housing Project And Amending Ordinance No. 2000-120 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 Vermont Manor, LLC whereby the City shall partially finance the costs of the construction of rental units as a part of the Vermont Manor Rental Housing Project. The loan shall be for a term of 30 years at the applicable federal borrowing rate as determined by the Director of Finance, with payment deferred until the end of the term. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $145,000, and of said amount, or so much thereof as may be necessary, $19,000 shall be funded from the 19992000 City Development Fund and $126,000 shall be funded from the 1998-99 City Development Fund. Section 3. Ordinance No. 2000-120, relating to the YWCA Women in Transition Project, is hereby amended by reducing the amount authorized and appropriated for said Project by the sum of $19,000, which amount is reappropriated to fund the Vermont Manor Rental Housing Project. The Mayor is hereby authorized to enter into an amendatory agreement to implement the reduction authorized herein. 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 by the following vote: Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Councilmember Douglas abstained vote because his wife is an employee of one of the affiliating agencies. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-37 Re: Housing Opportunities for

Amount

AIDS Rochester, Inc. Catholic Charities, Inc. The Health Association, Inc.

$281,796 181,452 56,672

3. Appropriate $16,080 to finance administrative expenses. The cost of the agreements will be financed from the HOPWA allocation included in the 2001-02 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 though 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 was conducted of the housing needs and available housing services for people with AIDS. This review, conducted by the University of Rochester, 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. The agreements for the 2000-01 allocations were authorized by the City Council on February 13, 2001. Under the proposed agreements, these 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: Organization AIDS Rochester Catholic Charities The Health Association

Number of Households 100 63 9

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 of the aforementioned organizations are included in the report. The Cityʼs 2001-02 HOPWA allocation is $45,000 more than its 2000-01 allocation. Respectfully submitted, William A. Johnson, Jr. Mayor

Page 39

TUESDAY, FEBRUARY 12, 2002 R2010: Healthy Urban Neighborhoods Ordinance No. 2002-37 (Int. No. 35) 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 The Health Association, Inc. Catholic Charities, Inc. AIDS Rochester, Inc.

The appointment of Mr. Wolf and reappointment of Ms. Basley will extend through December 31, 2006. A copy of the resume of Ms. Van Kirk is on file in the office of the City Clerk. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Educational Excellence Resolution No. 2002-8 (Int. No. 50)

$ 56,672 181,452 281,796

Resolution Approving Appointments To The Board of Trustees Of The Rochester Public Library

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: Resolution No. 2002-8 Re: Appointments - RPL Board of Trustees Transmitted herewith for your approval is legislation confirming the appointment or reappointment of the following three persons to the Board of Trustees of the Rochester Public Library.

Reappointment:

Since her appointment, she has attended 11 of the 23 Board meetings that have been held. Her term, the remainder of Mr. Muldoonʼs term, expired on December 31, 2001.

Amount

Section 3. The agreements shall obligate the City to pay an amount not to exceed $519,920, and said amount, and the sum of $16,080 for administrative expenses, or so much thereof as may be necessary, are hereby appropriated from Housing Opportunities for Persons With AIDS Grant Funds.

Appointments:

Ms. Basleyʼs initial appointment to the Board was approved by the City Council on August 10, 1999. She replaced Gary Muldoon, who relocated out of the city.

BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the reappointment of Jocelyn R. Basley, 74 Bronson Avenue, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2006. Section 2. The Council hereby approves the appointment of George Wolf, 28 Potter Place, Fairport, as a representative of the Monroe County Library System, to the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2006. Mr. Wolf shall replace Earl Steffen, who is deceased. Section 3. The Council hereby approves the appointment of Margaret Van Kirk, 129 Cheltenham Road, to fill a vacancy on the Board of Trustees of the Rochester Public Library for a term which shall expire on December 31, 2002. Section 4. This resolution shall take effect immediately. Adopted unanimously.

Margaret Van Kirk 129 Cheltenham Road

TO THE COUNCIL: Ladies and Gentlemen:

George Wolf 28 Potter Place (Fairport)

Introductory No. 36 Re: Zoning Map Amendment - Broad, Romeyn and Orange Streets

Jocelyn Basley 74 Bronson Avenue

Ms. Van Kirk will replace Charles Fallon, who relocated out of the Rochester area. Her term will extend through December 31, 2002, the original expiration date of Mr. Fallonʼs term. Mr. Wolf will serve as the representative of the Board of Trustees of the Monroe County Library System (the RPL Board has reciprocal representation on the MCLS Board). He will replace Earl Steffen, who is deceased.

Transmitted herewith for your approval is legislation amending the Zoning Map by changing the classification of the following properties to C-2 Community Commercial. No. of Properties Current Zoning Addresses 12 2

R-2 Two-Family Residential 11-35 Orange and 14-34 Romeyn St. M Manufacturing Industrial 583 Broad and 37 Romeyn St.

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TUESDAY, FEBRUARY 12, 2002

The area comprised by the properties abut C-2 uses to the north, east and south and R-2 uses to the west. The first 12 properties contain eight vacant lots and four residential structures, while the latter two properties contain a commercial plaza and vacant lot. The rezoning was requested by the owner of the properties, Chester Palozzi, who operates the plaza. If the rezoning is approved, it is expected that the properties will be developed as a self-service car wash. The Planning Commission held an informational meeting concerning the proposed rezoning on January 14; there were two speakers, one of whom supported and one of whom opposed the proposal. The Commission recommended by a vote of 6-2 that the rezoning be approved. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law, it has been determined that the proposed rezoning will not result in any significant effects. A negative declaration has been issued. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor

Thence 2) Southwesterly along said projection and along said centerline of Rickard Alley a distance of 330.00 feet to a point; Thence 3) Northwesterly and at right angles to the centerline of Rickard Alley a distance of 7.5 feet to the southwesterly corner of Lot 8 of the Staples Tract as recorded in the Monroe County Clerkʼs Office in Liber 37 of maps at page 17; Thence 4) Northwesterly along the southwesterly line of said Lot 8 and itʼs northwesterly extension a distance of 130.0 feet more or less to the centerline of Romeyn Street; Thence 5) Northeasterly along the centerline of Romeyn Street to a point 3 feet from the northeasterly line of Lot 23 of said Staples Tract projected southeasterly to the centerline of Romeyn Street; Thence 6) Northwesterly parallel to the northeasterly line of Lot 22 and 3 feet southwesterly therefrom a distance of 113.3 feet more or less to the rear line of said Lot 23;

R2010: Economic Vitality Councilmember Norwood moved to return Introductory No. 36 to committee. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 36 CHANGING THE ZONING CLASSIFICATION OF 11-35 ORANGE STREET AND 14-34 ROMEYN STREET FROM R-2 TWO-FAMILY RESIDENTIAL AND 583 BROAD STREET AND 37 ROMEYN STREET FROM M MANUFACTURING INDUSTRIAL TO C-2 COMMUNITY COMMERCIAL 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 11-35 Orange Street and 14-34 Romeyn Street, from R-2 Two-Family Residential, and 583 Broad Street and 37 Romeyn Street from M Manufacturing Industrial to C-2 Community Commercial: 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 intersection of the centerline of Romeyn Street and the centerline of West Broad Street; Thence 1) Southeasterly along the centerline of West Broad Street a distance of 137.5 feet more or less to the northeasterly projection of the centerline of the abandoned Rickard Alley;

Thence 7) Southwesterly along the rear line of said Lot 22 and the rear line of Lot 5 of James M. Whitneyʼs Subdivision of Lot 38, Section F, of the Whitney Tract to a point 40.42 feet more or less from the southerly line of said Lot 5; Thence 8) Northwesterly along the midline of said Lot 5 and itʼs extension a distance of 67.5 feet more or less to the centerline of Orange Street; Thence 9)

Northeasterly along the centerline of Orange Street a distance of 212 feet to a point;

Thence 10) Southeasterly and parallel with the southerly line of Broad Street a distance of 60 feet to the westerly line of Lot 1 of said Whitneyʼs Subdivision; Thence 11) Southwesterly along the westerly line of said Lot 1 a distance of 37 feet to the southerly line of said Lot 1; Thence 12) Southeasterly along the southerly line of said Lot 1 a distance of 23.72 feet to the easterly line of said Lot 1; Thence 13) Northeasterly along the easterly line of said Lot 1 a distance of 42.36 feet to a point; Thence 14) Southwesterly and parallel to the southerly line of Lot 18 of the said Staples Tract a distance of 94.52 feet to the centerline of Romeyn Street;

Page 41

TUESDAY, FEBRUARY 12, 2002 Thence 15) Northeasterly along the centerline of Romeyn Street to the centerline of West Broad Street and the point or place of beginning. Section 2. This ordinance shall take effect immediately. Held in committee. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-38, 2002-39, and 2002-40 Re: Near Westside Rental Housing Project Transmitted herewith for your approval is legislation relating to the planned Near Westside Rental Housing Project of the Providence Housing Development Corporation. This legislation will: 1. Authorize the sale, at their appraised values, of 19 properties on Brown, Silver, and Terry Streets and Fulton Avenue; and 2. Authorize agreements with Providence, or another entity to be created for the project, for: a. A temporary construction float loan of $200,000, which will be financed from the 2001- 02 Community Development Block Grant,

at the end of the term. The equity for the project will be provided through the sale of low-income tax credits, which have been approved by the NYS Division of Housing and Community Renewal. Construction of the units is expected to be completed during the 2002 construction season. Each of the units will contain two-bedrooms. The units will be rented, at estimated rates of $375 per month plus utilities, to families with incomes equal to or below 44% of the median income of the Rochester Metropolitan Statistical Area. Under the proposed in-lieu of tax agreement, a 20-year exemption will be authorized for each of the properties included in the project. In consideration of this exemption, an annual payment in-lieu of taxes equal to 10% of shelter rents (gross rents less utility costs) will be required. The total initial PILOT amount is expected to be about $8,736. The provision of the CDBG float loan will require amendment of the 2001-02 CDBG. A public hearing on the amendment is necessary. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods

b. A additional loan of $361,473, which will be financed from the 2001 HOME Program,

Ordinance No. 2002-38 (Int. No. 37)

c. A loan of $323,527, which will be financed from the NYS Urban Renewal Trust Fund, and

Approving Sale Of Real Estate And A Loan Agreement For The Near Westside Rental Project

d. An exemption from real estate taxes for the properties and for payments in lieu of taxes thereon.

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

The project will involve the construction of 16 new rental units in the Brown Street neighborhood and 10 new units on Fulton Avenue. The project is intended to support revitalization efforts in these areas. The estimated cost of the project is $3,059,162: Property acquisition $ 7,000 Construction 2,229,593 Professional fees 248,750 Developer fee 372,451 Working capital 31,825 Reserves 169,543 Total $3,059,162 This cost is expected to be financed as follows: HOME Program Loan NYS Urban Renewal Grant Equity Total

$ 361,473 323,527 2,374,162 $3,059,162

The HOME loan will initially be provided as a temporary construction loan with an interest rate of 0%. An additional construction loan of $100,000 will be provided by the Lake Avenue Baptist Church. Upon completion of construction, the HOME loan will be converted to a 15-year loan with interest at the Applicable Federal rate or 6.5%, whichever is greater. Annual interest payments of 1% will be made, with the balance of interest and principal due

Section 1. The Council hereby approves the sale of the following parcels of real estate at their appraised values to Providence Housing Development Corporation, or a housing development fund company affiliated with Providence Housing Development Corporation, for the development of rental housing as a part of the Near Westside Rental Project: Parcel SBL Number 515-519 Brown Street 523-525 Brown Street 547-549 Brown Street 553-557 Brown Street 561-563 Brown Street 670 Brown Street 674 Brown Street 750 Brown Street 105 Silver Street 109 Silver Street 17 Terry Street 117 Fulton Avenue 119 Fulton Avenue 121 Fulton Avenue 123 Fulton Avenue 125 Fulton Avenue 158-160 Fulton Avenue 162-164 Fulton Avenue 166 Fulton Avenue

120.35.3-53 120.35-3-06 120.35-3-58 120.35-3-60 120.35-3-61 120.35-2-47 120.35-2-48 120.43-1-59.4 120.35-2-73 120.35-2-72 120.35-3-57 105.43-2-57 105.43-2-56 105.43-2-55 105.43-2-49 105.43-2-48 105.43-1-28 105.43-1-29 105.43-1-30

Section 2. 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

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TUESDAY, FEBRUARY 12, 2002

the City has agreed to convey said properties free of City tax liens and other charges. Section 3. 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 $361,473 to partially finance the costs of the construction of rental units. The funding shall be provided as a construction loan with 0% interest, and upon completion of construction to be converted to a 20 year loan at an interest rate of the greater of 6.5% or the applicable federal rate as determined by the Director of Finance, 1% of which shall be repayable annually with the remaining interest and principal due at the end of the loan. Said amount, or so much thereof as may be necessary, is hereby appropriated from 2001 HOME Program Funds. 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. Ordinance No. 2002-39 (Int. No. 38) Authorizing An Amendatory 2001-02 Community Development Program Plan And An Agreement For A Float Loan For The Near Westside Rental Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendatory 2001-02 Community Development Program Plan whereby the sum of $200,000 shall be added to the Improving the Housing Stock and General Property Conditions Allocation and/or the HOME Program in a new account for a float loan for the Near Westside Rental Project.

(Int. No. 39) Approving A Property Tax Exemption And Authorizing An In Lieu Of Tax Agreement For The Near Westside Rental Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Pursuant to Section 577 of the New York State Private Housing Finance Law, the Council hereby exempts from real property taxes, for a period of 20 years, the following property of the Near Westside Rental Project, 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 515-519 Brown Street 523-525 Brown Street 547-549 Brown Street 553-557 Brown Street 561-563 Brown Street 670 Brown Street 674 Brown Street 750 Brown Street 105 Silver Street 109 Silver Street 17 Terry Street 117 Fulton Avenue 119 Fulton Avenue 121 Fulton Avenue 123 Fulton Avenue 125 Fulton Avenue 158-160 Fulton Avenue 162-164 Fulton Avenue 166 Fulton Avenue

SBL Number 120.35.3-53 120.35-3-06 120.35-3-58 120.35-3-60 120.35-3-61 120.35-2-47 120.35-2-48 120.43-1-59.4 120.35-2-73 120.35-2-72 120.35-3-57 105.43-2-57 105.43-2-56 105.43-2-55 105.43-2-49 105.43-2-48 105.43-1-28 105.43-1-29 105.43-1-30

Section 2. The Mayor is hereby further authorized to enter into an in-lieu-of-tax payment agreement 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 2. The Mayor is hereby authorized to enter into a construction loan agreement with Providence Housing Development Corporation or a housing development fund company affiliated with Providence Housing Development Corporation, for the Near Westside Rental Project. The loan shall be for a term not to exceed twelve months, and shall be repaid without interest at the end of the term. The loan shall be secured by a letter of credit.

Section 4. This ordinance shall take effect immediately.

Section 3. The loan agreement shall obligate the City of Rochester to pay an amount not to exceed $200,000, 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 2001-02 Community Development Program and/or HOME Program Funds.

Ordinance No. 2002-41 Re: Agreement - Canal Place Project

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. Ordinance No. 2002-40

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation authorizing an agreement with Housing Opportunities, Inc., or Canal Place LP, a limited partnership formed by HOP for a temporary float loan of $300,000 for the planned construction of a 40-unit townhouse project in the Town of Greece. The loan will be financed from the 2001-02 Community Development Block Grant. The project, Canal Place, will be developed on 6.2 acres of land located on the south side of the Erie Canal. It will contain 10 two-bedroom units and 30 three-bedroom units.

Page 43

TUESDAY, FEBRUARY 12, 2002 All of the units will be affordable to families with incomes below 50% of the median family income of the Rochester Metropolitan Statistical Area. The Rochester Housing Authority will provide Section 8 certificates for 10 units, which will make them affordable to families with incomes as low as 30% of the median. The total estimated cost of the project is $4,804,958, which is expected to be financed as follows: Federal Home Loan Bank $ 280,000 NYS HOME Loan 1,300,000 Monroe County Loan 300,000 Enterprise Social Investment Corp. 2,826,290 HOP 98,668 Total $4,804,958 Temporary construction financing will be provided by the City, County, Greater Rochester Housing Partnership, Enterprise, and Federal Home Loan Bank. The Cityʼs loan will have a maximum term of 12 months and an interest rate of 0% and will be secured with a letter of credit. A similar loan was authorized by the City Council on January 20, 1998 for construction of Briarwood Place in Scottsville. The use of City CDBG funds for a project outside the city is permitted when it can be demonstrated that the project can reasonably be expected to provide benefits to city residents. For the planned project at Canal Place, 15% of the units will be reserved for families that are transitioning from Sojourner House to permanent housing. Other low-income city residents also would be eligible to be tenants of Canal Place. The float loan will require amendment of the 2001-02 CDBG. A public hearing on this amendment is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Regional Partnerships Attachment No. AB-16 Ordinance No. 2002-41 (Int. No. 45 ) Authorizing An Amendatory 2001-02 Community Development Program Plan And An Agreement For A Float Loan For The Canal Place Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendatory 2001-02 Community Development Program Plan whereby the sum of $300,000 shall be added to the Improving the Housing Stock and General Property Conditions Allocation and/or the HOME Program in a new account for a float loan for the Canal Place Project in the Town of Greece. Section 2. The Mayor is hereby authorized to enter into a construction loan agreement with Housing Opportunities, Inc., and/or Canal Place, L.P., for the Canal Place Project in the Town of Greece. The loan shall be for a term not to exceed twelve months, and shall be repaid without interest at the end of the term. The loan shall be secured by a letter of credit.

Section 3. The loan agreement shall obligate the City of Rochester to pay an amount not to exceed $300,000, 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 2001-02 Community Development Program and/or HOME Program Funds. 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 Mains February 12, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: Int. No. 40 - Cancellation Of Taxes And Charges Int. No. 41 - Establishing $12,000 As Maximum Compensation For An Amendatory Professional Services Agreement For Continued Provision Of Real Estate Title Services Int. No. 51 - Authorizing An Amendatory Agreement With Rural Metro Medical Services For The Continued Provision Of Emergency Ambulance Services Respectfully submitted, Tim O. Mains Brian F. Curran Nancy K. Griswold (Absent) Gladys Santiago ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-42 Re: Cancellation or Refund of Erroneous Taxes and Charges Transmitted herewith for your approval is legislation approving the cancellation or refund of taxes and charges totaling $29,274.43. Of the total, $25,249.43 (86.3%) relates to a property located within the NYS Empire Zone. Because of its location, the property qualifies for an exemption for improvements to the property. The remaining amount, $4,025.00 (13.8%) relates to code violation charges incurred by the former owner of the property. If the proposed cancellations are approved, total cancellations during 2001-02 will be $344,180.51, which represent .17% of the tax receivables as of July 1, 2001. Accounts

Amounts

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TUESDAY, FEBRUARY 12, 2002

City Council Administrative Total

29 164 193

$281,534.51 52,646.00 $334,180.51

Respectfully submitted, William A. Johnson, Jr. Mayor

The proposed amendatory agreement will provide for approximately 150 additional foreclosure searches. The following fees per parcel will continue to be applicable.

R2010: Quality Services Ordinance No. 2002-42 (Int. No. 40) 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 City taxes and charges: a. Code violation attributed to the former owner. S.B.L.# Class

Tax Year

106.680-0002-057 H 2002

acquisition searches would be required during 200102. However, it is now projected that 1,750 and 170 searches will actually be needed.

Address Amount Canceled

Service

Fee

Preliminary (10 year) report Update of prior preliminary report Full (60 year) with prior preliminary search Full report without preliminary search

$ 95 70 175 235

If the proposed amendatory agreement is approved, the total cost of the two-year agreement with Independent will increase to $334,800. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Services

232 Garson Ave. $ 4,025.00

Ordinance No. 2002-43 (Int. No. 41)

b. The property is located within the Empire Zone. The property owner was approved to receive the property tax exemption on improvements made to such properties.

Establishing $12,000 As Maximum Compensation For An Amendatory Professional Services Agreement For Continued Provision Of Real Estate Title Services

S.B.L.# Class

Address Amount Canceled

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

690 St. Paul St. 25,249.43

Section 1. The sum of $12,000, 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 Independent Title Agency, LLC, for continued provision of real estate title services. Said amount shall be funded from the 2001-02 Budget for Undistributed Expense.

Tax Year

106.450-0001-024 NH 2002 Total

$29,274.43

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. 2002-43 Re: Agreement - Independent Title Agency, Real Estate Title Services Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Independent Title Agency, LLC, 99 Ridgeland Road, for the continued provision of real estate title services. The maximum cost of this agreement will be $12,000, which will be financed from the 2001-02 budget for Undistributed Expense. Each year, the City requires title services for properties that are involved in tax foreclosure proceedings and real estate sales. Currently, these services are provided by Independent under an agreement authorized by the City Council on October 17, 2001. At that time, it was expected that approximately 1,600 foreclosure searches and approximately 170 sale or

Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-44 Re: Agreement - Rural Metro Medical Services, Emergency Ambulance Services Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Rural Metro Medical Services, 177 University Avenue, for the continued provision of emergency ambulance service requested by the City. A municipality is authorized to provide ambulance service under section 122-b of the NYS General Municipal Law. Historically, the City has provided such service through agreements with private companies. The current agreement, with Rural Metro, was approved by the City Council on August 20, 1996. Amendatory agreements, extending the term through January 31, 2002, were approved by the Council on October 17, 2000 and January 16, April 26, July 17, and October 23, 2001.

Page 45

TUESDAY, FEBRUARY 12, 2002 The proposed additional amendatory agreement will further extend the term to June 30, 2002. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Health, Safety and Responsibility Ordinance No. 2002-44 (Int. No. 51) Authorizing An Amendatory Agreement With Rural Metro Medical Services For The Continued Provision Of Emergency Ambulance 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 amendatory agreement with Rural Metro Medical Services for the continued provision of emergency ambulance services as requested by the City, or when the City receives a request for ambulance services from a third person, and standby services at emergency scenes and special events, through June 30, 2002. 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. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-45 Re: Agreements - CONECTS Program 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; b. The following agencies that comprise the CONECTS consortium: Charles Settlement House Inc. Junior Achievement Society for the Care & Protection of Children Urban League of Rochester, Inc. YWCA of Rochester and Monroe County 2. Appropriate the grant funds to finance the cost of the agreements and the costs associated with administration of the grant.

Charles Settlement House Junior Achievement Society for the Care & Protection of Children Urban League of Rochester, Inc. YWCA of Rochester and Monroe County

$ 34,480 2,800

Subtotal City Administration

232,280 87,420

Total

60,000 75,000 60,000

$319,700

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Health, Safety and Responsibility Ordinance No. 2002-45 (Int. No. 52) 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. Junior Achievement Society for the Care & Protection of Children Urban League of Rochester YWCA of Rochester & Monroe County

$34,480 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.

The CONECTS program, which was initiated in 1984, involves a consortium of the above agencies. The Monroe Council on Teen Potential provides program coordination and direction to the consortium, while the City serves as the lead agency.

Passed by the following vote:

CONECTS is designed to reduce the rate of initial and repeat teen pregnancies and provide various services to pregnant or parenting teenagers. During 2002-2003, the grants will be allocated among the members of the consortium as follows:

Nays - None - 0.

Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Councilmember Douglas abstained vote because his wife is an employee of one of the affiliating agencies.

Page 46

TUESDAY, FEBRUARY 12, 2002 - TUESDAY, MARCH 19, 2002

The meeting was adjourned at 9:04 P.M. CAROLEE A. CONKLIN City Clerk *****

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. 3681-7 Corporation Counsel Submits Settlement of Tax Assessment Proceedings. 3682-7 PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Local Improvement Ordinance - Care And Embellishment Of Various Neighborhood Street Malls For 2002 Int. No. 56 No speakers. Authorizing Increases In The Pavement Width Of Lanark Crescent As A Part Of The Curb Replacement Program Int. No. 57 One speaker: Kimberly Wilson. Authorizing Increases In The Pavement Width Of Berwick Road As A Part Of The Curb Replacement Program Int. No. 58 No speakers. Authorizing An Increase In The Pavement Width Of Elm Drive As A Part Of The Curb Replacement Program Int. No. 59 No speakers. Authorizing Changes In The Pavement Width Of West Ridge Road, Lake Avenue And Maplewood Drive, Realignments And Intersection And Ramp Changes, And Establishing The Width Of New Streets As A Part Of The West Ridge Road Improvement Project From Hanford Landing Road To The Veteranʼs Memorial Bridge Int. No. 81 Two speakers: Alice Eddy and Donald Quetschenbach.

REGULAR MEETING March 19, 2002

Local Improvement Ordinance - Snow Removal At The Public Market Int. No. 62 No speakers.

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

Local Improvement Ordinance - Security At The Public Market Int. No. 63 No speakers.

Absent - none - 0. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. By Boy Scout Troup 200 Recognition Ceremony Retirement: David Evert - Department of Parks, Recreation and Human Services Stephen Trenton - Fire Department

REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Stevenson March 19, 2002 To the Council: The Parks, Public Works And The Environment Committee recommends for adoption the following entitled legislation: Int. No. 53 - Authorizing Agreements For The Adopt-A-Lot Program

APPROVAL OF THE MINUTES By Councilmember Thompson

Int. No. 54 - Authorizing Agreements For The Adopt-A-Block Program

RESOLVED, that the minutes of the Special Meeting of February 5, 2002, and Regular Meeting of February 12, 2002, be approved as published in the official sheets of the proceedings.

Int. No. 55 - Establishing $90,000 As Maximum Compensation For Professional Services Agreements For Motor Vehicle Collision Repair Services

Passed unanimously. COMMUNICATIONS FROM THE MAYOR,

Int. No. 82 - Establishing Maximum Compensation For A Professional Services Agreement For Design Services For The River Street Waterfront Public Improvement Project Int. No. 83 - Bond Ordinance Of The City Of

Page 47

TUESDAY, MARCH 19, 2002 Rochester, New York, Authorizing The Issuance Of $400,000 Bonds Of Said City To Finance The Cost Of Engineering And Project Design Services Related To The River Street Waterfront Public Improvement Project Int. No. 84 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $4,142,000 Bonds Of Said City And The Application Of $2,307,000 In Current Funds Of The City To Finance The Reconstruction Of Certain Streets Related To The Milling And Resurfacing And Residential Street Improvement Programs Int. No. 85 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $553,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Milling And Resurfacing Program Int. No. 86 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $587,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Milling And Resurfacing And Residential Street Improvement Programs Int. No. 87 - Establishing Maximum Compensation For A Professional Services Agreement For A High Volume Bus Stop Pavement Management Study Int. No. 88 - Authorizing Agreement For The State Street Underpass Access Improvement Project Int. No. 89 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $130,000 Bonds Of Said City To Finance The Cost Of Engineering And Project Design Services Related To The State Street Underpass Access Improvement Project Int. No. 90 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $169,000 Bonds Of Said City To Finance The Additional Cost Of Implementing The Reconstruction Of The Erie Habor-East River Retaining Wall Within The City The Parks. Public Works and the Environment Committee recommends for consideration the following entitled legislation: Int. No. 56 - Local Improvement Ordinance - Care And Embellishment Of Various Neighborhood Street Malls For 2002 Int. No. 57 - Authorizing Increases In The Pavement Width Of Lanark Crescent As A Part Of The Curb Replacement Program Int. No. 58 - Authorizing Increases In The Pavement Width Of Berwick Road As A Part Of The Curb Replacement Program Int. No. 59 - Authorizing An Increase In The Pavement Width Of Elm Drive As A Part Of The Curb Replacement Program Int. No. 81 - Authorizing Changes In The Pavement Width Of West Ridge Road, Lake Avenue And Maplewood Drive, Realignments And Intersection And Ramp Changes, And Establishing The Width Of New Streets As A Part Of The West Ridge Road Improvement Project From Hanford Landing Road

To The Veteranʼs Memorial Bridge Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson Gladys Santiago PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-46 Re: Adopt-A-Lot Agreements Transmitted herewith for your approval is legislation authorizing agreements with four neighborhood associations for the maintenance of city vacant lots under the Adopt-A-Lot Program. The total cost of the agreements will be $113,850, which will be financed from the 2001-02 budget of the Department of Environmental Services. The Adopt-A-Lot Program, 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 that will pay for maintenance of each vacant lot “equivalent” (40ʼ x 100ʼ), 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. The following organizations will participate in the 2002 program: Organization

Amount

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

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

In total, the seven organizations will be responsible for maintaining 429 (495 lot equivalents) of the approximately 3,000 City-owned lots requiring maintenance. The established price for the 2002 program for such maintenance is $230 per lot equivalent, which is the same as last yearʼs price. All of the organizations that participated in the 2001 program and performed satisfactorily. They maintained 426 lot equivalents at a total cost of $85,700. The following is a summary of participation in the program since 1995.

Year

No. of Organizations

No. of Lots

Lot Equivalents

Page 48 1995 1996 1997 1998 1999 2000 2001 Proposed 2002

TUESDAY, MARCH 19, 2002 4 5 5 5 5 7 7 8

384 397 342 371 359 378 378 429

399 410 365 398 369 426 426 495

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Involved Citizens Attachment No. AB-17

cleaning services. Proposals for participation in the 2002-03 program were solicited from 42 organizations. Fourteen organizations submitted proposals for the maintenance of 42 areas totaling 31.72 miles. All of these proposals are recommended for approval. 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.

Ordinance No. 2002-46 (Int. No. 53)

The organizations will provide all necessary equipment. The City will provide additional refuse collection services as required.

Authorizing Agreements For The Adopt-A-Lot Program

The fee to be paid for all 42 areas consists of the following:

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

Administrative services $ 1,500 Sweeping and litter removal services (May through October) 5,926 Sweeping and litter removal services $7.00 per worker hours up to 160 hours (November through May) 1,120 Total $8,546

Section 1. The Mayor is hereby authorized to enter into agreements with the following organizations under the Adopt-A-Lot Program: Organization Coalition of Northeast Associations (CONEA) Marketview Heights Association North East Block Club Alliance (NEBCA) Southwest Area Neighborhood Association (SWAN)

Amount $35,190 20,700 20,700 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 2001-02 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.

The following organizations are participating in the program: 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 Assn. 17,092 West Main Business Association 42,730 Catholic Family Center Francis Center 8,546 Community Place of Greater Rochester 8,546 NEAD 8,546 Montgomery 8,546 Portland Avenue Business Association 8,546 Maplewood Business Association 8,546 Total $213,650 Following is a summary of participation during the past 10 years:

Passed unanimously.

Year

TO THE COUNCIL: Ladies and Gentlemen:

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 (proposed)

Ordinance No. 2002-47 Re: CDBG Appropriation - 2002-03 Adopt-A-Block Program Transmitted herewith for your approval is legislation authorizing agreements with eight organizations for participation in the 2002-03 Adopt-A-Block Program. The total maximum cost of these agreements will be $213,650, which will be financed from the 2001-02 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 its regular

Number of Organizations

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Involved Citizens

11 14 14 13 12 14 14 16 16 17 14 14

Areas 15 18 18 19 22 23 26 26 26 27 24 28

Page 49

TUESDAY, MARCH 19, 2002 Ordinance No. 2002-47 (Int. No. 54) Authorizing Agreements For The Adopt-ABlock 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-Block Program: 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

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 2001-02 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. 2002-48 Re: Agreements - Collision Repair Services Transmitted herewith for your approval is legislation authorizing agreements with five companies for the provision of collision repair services. The total maximum cost of these agreements will be $90,000, which will be financed from the 2000-01 and future budgets of the Department of Environmental Services. When a City vehicle is involved in a collision, the Bureau of Equipment Services determines whether to perform the required repairs or to have commercial companies perform them instead. Among the considerations involved in this determination are the types of repairs required, the availability of personnel to do the work, and the existing workload. To provide for the performance of repairs by commercial companies, a list of qualified vendors is periodically established. Whenever a specific repair is required, these vendors are requested to provide a price quote for the work. The current list was established by the City Council on March 21, 2000. It contains five vendors. To be considered qualified for inclusion on the list,

companies must satisfy the following criteria: 1. They must have performed collision repair work for at least five years; 2. They must be located within 10 miles from City Hall; and 3. They must have no police record. The proposed new list of qualified companies consists of the four current qualified vendors and one other company that expressed interest to Equipment Services, the Purchasing Bureau or the Police Department. One of the current vendors chose not to renew their agreements. Following is a summary of repair activity during 2001. Company Hawk Frame and Axle 5,518.75 Vision Ford, Inc. Rural/Metro 13,867.93 Alliance Collision 20,277.38 Total $39,664.06

Number of Jobs

Amount

1

$

0 4

0

6 11

Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Ordinance No. 2002-48 (Int. No. 55) Establishing $90,000 As Maximum Compensation For Professional Services Agreements For Motor Vehicle Collision Repair Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $90,000 or so much thereof as may be necessary, is hereby established as the total compensation to be paid for professional services agreements between the City and the following companies for motor vehicle collision repair services for a term of one year, with an option for two one-year renewals: Hawk Frame & Axle, Inc. 77 OʼConnor Road Fairport, NY 14454 Vision Ford, Inc. 4545 Ridge Road West Rochester, NY 14626 Alliance Collision, Inc. 532 North Street Rochester, NY 14605 Michaelʼs Auto Body Repair 217 Lyell Avenue Rochester, NY 14608 Rural/Metro Medical Services 177 University Avenue Rochester, NY 14605

Page 50

TUESDAY, MARCH 19, 2002

Of said amount, $10,000 shall be funded from the 2001-02 Budget of the Department of Environmental Services, $30,000 shall be funded from the 2002-03 and 2003-04 Budgets of the Department of Environmental Services, and $20,000 shall be funded from the 2004-05 Budget of the Department of Environmental Services, contingent upon approval of said budgets.

Rochester as follows:

Passed unanimously.

Section 1. The sum of $400,000, 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 engineering design services for the River Street Waterfront Public 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 a bond ordinance adopted for this purpose.

TO THE COUNCIL: Ladies and Gentlemen:

Section 2. This ordinance shall take effect immediately.

Ordinance No. 2002-49 And Ordinance No. 2002-50 Re: River Street Waterfront Improvement Project

Passed unanimously.

Transmitted herewith for your approval is legislation relating to the River Street Waterfront Improvement Project. This legislation will:

Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $400,000 Bonds Of Said City To Finance The Cost Of Engineering And Project Design Services Related To The River Street Waterfront Public Improvement Project

Section 2. This ordinance shall take effect immediately.

1. Authorize an agreement with FRA Engineering, 245 Summit Point Drive, for the provision of engineering design services for the project; and 2. Authorize the issuance of bonds totaling $400,000 and appropriate the proceeds thereof to finance the cost of this agreement. The project is intended to improve public access to the west bank of the Genesee River and promote development in the River Street area. It will involve the construction of a public promenade; repair of the foundation of the former railroad station; construction of a 50-60 space parking lot north of the station; and the installation of utilities to support private development. Proposals for such development have been received from two organizations. These proposals currently are being evaluated. Proposals for design of the public improvements were solicited and received from three organizations. FRA is recommended because of the qualifications of the personnel to be assigned to the project and its past performance. Construction of the improvements, which have an estimated cost of $4.3 million, is scheduled to begin in 2003. However, this schedule may be affected by the environmental remediation of the area to be performed by CSX Transportation. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Tourism Destination Attachment No. AB-18 Ordinance No. 2002-49 (Int. No. 82)

Ordinance No. 2002-50 (Int. No. 83)

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 engineering and design services related to improvements to the River Street Waterfront within the City including, but not limited to, pedestrian, docking and parking improvements and aesthetic, utility and street lighting improvements (the “Project”). The total estimated cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 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 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 $400,000 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 $400,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2.

Establishing Maximum Compensation For A Professional Services Agreement For Design Services For The River Street Waterfront Public Improvement Project

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.62 of the Law, is five (5) years.

BE IT ORDAINED, by the Council of the City of

Section 5. Each of the bonds authorized by this

Page 51

TUESDAY, MARCH 19, 2002 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 Nos. 2002-51, 2002-52,

And 2002-53 Re: Bonds - Street Improvement Program Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $5,282,000 and appropriating the proceeds thereof to partially finance the costs of the Street Improvement Program. Street Water Sewer Total

$4,142,000 553,000 587,000 $5,282,000

The program will provide for the resurfacing of approximately one mile of streets, the rehabilitation or reconstruction of approximately one mile of streets, replacement of approximately 1.5 miles of curbs, and other related improvements, including sidewalks, lighting, landscaping water and sewer facilities. A listing of the projects included in the program is attached. Of the proceeds of the bond for street improvements, $2,369,000 will be used to finance milling and resurfacing and $1,773,000 will be used for residential street rehabilitation. All of the proceeds of the bonds for water and sewer improvements will be used for milling and resurfacing. These proceeds will be supplemented by the unexpended balance of the proceeds of bond issues previously approved by the City Council. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Attachment No. AB-19 Ordinance No. 2002-51 (Int. No. 84) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $4,142,000 Bonds Of Said City And The Application Of $2,307,000 In Current Funds Of The City To Finance The Reconstruction Of Certain Streets Related To The Milling And Resurfacing And Residential Street Improvement Programs 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 streets related to the 2002 Milling and Resurfacing and Residential Street Improvement Programs 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 $6,449,000. The plan of financing includes the issuance of $4,142,000 bonds of the City, and said amount is hereby appropriated therefor, and the application of $2,307,000 in current funds of the City to finance the balance of said cost, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $4,142,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the

Page 52 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 $4,142,000. 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 class of objects or purposes described in Section 1 of this Ordinance, within the limitations of 11.00 a. 20. 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 im-

TUESDAY, MARCH 19, 2002 mediately, 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. 2002-52 (Int. No. 85) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $553,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Milling And Resurfacing Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called “City”), is hereby authorized to finance the cost of reconstruction of certain water mains related to the 2002 Milling And Resurfacing Program 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 $553,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $553,000 bonds of the City to finance said appropriation and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $553,000 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 $553,000. 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

TUESDAY, MARCH 19, 2002 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. Ordinance No. 2002-53 (Int. No. 86) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $587,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Milling And Resurfacing And Residential Street Improvement Programs

Page 53 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called “City”), is hereby authorized to finance the cost of construction and reconstruction of certain sewer improvements related to the 2002 Milling and Resurfacing and Residential Street Improvement Programs in the City (the “Project”). The total estimated cost of said class of objects or purposes authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $587,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $587,000 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 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 $587,000 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 $587,000. 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 class of objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.4 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

Page 54 the sale and issuance of the bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, as well as to executing agreements for credit enhancement, are hereby delegated to the Director of Finance, as the Chief Fiscal Officer of the City. Section 7. The validity of the bonds authorized by this Ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

TUESDAY, MARCH 19, 2002 ability to provide the required services within the time period specified by the City. Under the agreement, Lu will: 1. Conduct an inventory of locations at which there is heavy bus traffic; 2. Determine the condition of the street surface and base;

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

3. Survey available street treatment technologies and practices that address the effect of heavy transit vehicles; and

(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

4. Recommend the appropriate improvements for each of the identified locations.

(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.

The study is expected to be completed by the spring of 2003. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Ordinance No. 2002-54 (Int. No. 87) Establishing Maximum Compensation For A Professional Services Agreement For A High Volume Bus Stop Pavement Management Study BE IT ORDAINED, by the Council of the City of Rochester as follows:

TO THE COUNCIL: Ladies and Gentlemen:

Section 1. The sum of $30,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Lu Engineers for a High Volume Bus Stop Pavement Management Study. Said amount, or so much thereof as may be necessary, is hereby appropriated from anticipated reimbursements from the Federal Highway Administration.

Ordinance No. 2002-54 Re: Bus Stop Pavement Management Study

Section 2. This ordinance shall take effect immediately.

Transmitted herewith for your approval is legislation relating to a proposed study of street pavement at certain bus stops. This legislation will:

Passed unanimously.

Nays - None - 0.

1. Authorize an agreement with Lu Engineers, 2230 Penfield Road, for conduct of the study, at a maximum cost of $30,000; and 2. Appropriate this amount from anticipated reimbursements from the Federal Highway Administration to finance the cost of this agreement. There are numerous locations throughout the city at which the street pavement is irregular because of the frequent stopping and starting of buses. These irregularities represent potential hazards to other vehicles and pedestrians and users of wheelchairs and impair street cleaning and snow removal. The objective of the proposed study is to develop an effective street treatment program to address the cumulative impact on the pavement of heavy transit vehicles. Lu, which is among the organizations approved by the NYS Department of Transportation for FHA projects, is recommended to conduct the study because of the qualifications of the personnel to be assigned to the project, its past performance, and its

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-55 And Ordinance No. 2002-56 Re: High Falls Underpass Improvement Project Transmitted herewith for your approval is legislation relating to the High Falls Underpass Improvement Project. This legislation will: 1. Authorize an agreement with Goodkind & OʼDea, Inc., 183 E. Main Street, for the provision of engineering services for the project, at a maximum cost of $130,000; 2. Authorize the issuance of bonds totaling this amount to finance the cost of the agreement; and 3. Authorize an agreement with CSX Transportation, Inc., of Jacksonville, Florida, for access to

TUESDAY, MARCH 19, 2002 its property. The project is intended to improve the aesthetic appearance and safety of the underpasses near High Falls, involving the bridges for both the CSX railroad line and the Inner Loop and the pedestrian walkway east of State Street. It will extend from the Plymouth Avenue underpass to the Inner Loop access ramp east of State Street. Proposals for design of the improvements were solicited and received from five organizations. Goodkind & OʼDea is recommended to provide the design services because of the qualifications of the personnel to be assigned to the project, its past performance and its commitment to creativity. Under its proposal, the use of various colors, materials, textures, mass and scale will be investigated. Design of the project is expected to be completed in the fall of 2002. Construction is expected to occur in 2003. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Tourist Destination Attachment No. AB-20 Ordinance No. 2002-55 (Int. No. 88) Authorizing Agreements For The State Street Underpass Access Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $130,000, 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 Goodkind & OʼDea, Inc., for engineering design services for the State Street Underpass Access 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 a bond ordinance adopted for this purpose. Section 2. The Mayor is hereby further authorized to enter into agreements with the State of New York and CSX Transportation, Inc. for easements or other access rights to attach and maintain lighting and architectural components to the Inner Loop and CSX Railroad Underpasses on State Street as a part of the State Street Underpass Access Improvement Project. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-56 (Int. No. 89) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $130,000 Bonds Of Said City To Finance The Cost Of Engineering And Project Design Services Related To The State Street Underpass Access Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

Page 55 Section 1. The City of Rochester, in the County of Monroe, New York (herein called “City”), is hereby authorized to finance the cost of engineering and design services related to 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 $130,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $130,000 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 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 $130,000 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 $130,000. This Ordinance is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.10 of the Law, is twenty (20) years. 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

Page 56

TUESDAY, MARCH 19, 2002

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.

nance a portion of these costs on June 20, 2000. It also appropriated $800,000 received under the NYS MultiModal Transportation Program for the project.

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:

1. Additional sheeting installation, resulting from rock elevations that were different than originally anticipated ($124,000);

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

2. Additional rock anchors, also resulting from the different rock elevations ($51,000);

(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. 2002-57 Re: Bonds - Erie Harbor East River Wall Project Transmitted herewith for your approval is legislation authorizing the issuance of supplemental bonds totaling $169,000 and appropriating the proceeds thereof to finance certain additional costs of the Erie Harbor East River Wall Project. The project was designed by LaBella Associates pursuant to an agreement authorized by the City Council on October 14, 1997. It involves the partial demolition and reconstruction of the wall between the Troup-Howell and Ford Street bridges; construction of structural retaining wall systems; improvement of the riverside trail; installation of mooring facilities; and landscaping. Bids for the project were received in June, 2000. The work is being performed by Crane Hogan Structural Systems, Inc. The bid amount was $4,474,445, which was 10% below the engineering estimate. An additional $498,555 (10%) was allocated for contingencies and the costs of lighting, signage and landscaping, which are being performed under separate contracts. The Council authorized the bond issue required to fi-

During construction, the need for additional work has been identified. This work includes the following:

3. Discovery and removal of buried debris and reinforced concrete foundations ($50,000); and 4. Removal and the planned replacement of trees and additional landscaping, since the construction would have resulted in significant root damage ($71,000). A portion of these costs, which total $196,000, can be financed from the unexpended balance of the contingency allocation. However, a supplemental bond issue is required to finance the remaining costs. To provide for the supplemental bond issue, the amount of bonds issued for the street improvement program will be reduced. The unexpended balance of the proceeds from bond issues authorized by the Council in prior years will instead be utilized for this program. The project is expected to be completed in June. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Tourism Destination Ordinance No. 2002-57 (Int. No. 90) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $169,000 Bonds Of Said City To Finance The Additional Cost Of Implementing The Reconstruction Of The Erie Harbor-East River Retaining Wall 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 additional cost of implementing the reconstruction of the river retaining wall on the east side of the Genesee River between the Troup-Howell Bridge and the Ford Street Bridge within the City (“Project”). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $5,812,000. The plan of financing includes the issuance of $169,000 bonds of the City, and said amount is hereby appropriated therefor, together with application of an $800,000 New York State Multi-Modal Grant, $422,600 in current funds available and $4,420,400 bonds previously appropriated in Ordinance No. 2000-183, and the levy and collection of an ad valorem tax on all the taxable real property in the City without limitation as to rate or amount, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

Page 57

TUESDAY, MARCH 19, 2002 Section 2. Bonds of the City in the principal amount of $169,000 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 $169,000. Section 4. The period of probable usefulness of said specific object or purpose for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.10 of the Law, is 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: Local Improvement Ordinance No. 1497 Re: Care and Embellishment of Malls Transmitted herewith for your approval is legislation authorizing the care and embellishment of street malls during 2002 and appropriating the associated costs of $76,098 among the benefited properties. The annual care and embellishment program provides for the maintenance of 26 street malls, by either the Department of Parks, Recreation and Human Services or street or 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 2001, 12 malls were maintained by the department and 14 malls were maintained by street or neighborhood associations. The total authorized costs were $32,334 and $43,757, respectively. In 2002, the department will be responsible for the maintenance of 13 malls at a total cost of $35,600. Street associations will be responsible for the maintenance of 11 malls at a total cost of $40,498. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Environmental Stewardship Local Improvement Ordinance No. 1497 (Int. No. 56) Local Improvement Ordinance - Care And

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TUESDAY, MARCH 19, 2002

Embellishment Of Various Neighborhood Street Malls For 2002

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 2002 Boulevard Parkway Burke Terrace Carthage Drive Central Park (City) Elmwood Mall Glendale Park Knickerbocker Street Nye Park Portsmouth Terrace Raines Park Seneca Parkway Sumner Park Werner Park

$ 1,800.00 400.00 500.00 4,500.00 2,800.00 3,500.00 2,100.00 1,600.00 1,600.00 1,600.00 10,800.00 2,600.00 1,800.00 $35,600.00

b. The care and embellishment of the following streets hereinafter referred to as “Group II” during the calendar year 2002: Arnold Park Hazelwood Terrace Highland Parkway Hillside Avenue Huntington Park Lafayette Park Lakeview Park Nunda Boulevard Oxford Street Rundel Park Sibley Place

$ 3,500.00 2,060.00 1,362.00 2,376.00 2,815.00 3,459.00 2,617.00 5,601.00 10,000.00 4,308.00 2,400.00 $40,498.00

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, 2002 Section 4. The total cost of such improvements and work, estimated at $76,098.00, 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. Section 5. The work described for Group I shall be performed by or at the direction of the Bureau of Parks and Recreation. 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

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-58, 2002-59, And 2002-60 Re: Pavement Width Changes Transmitted herewith for your approval is legislation authorizing the following increases in pavement width: 1. Lanark Crescent a. An increase of 5ʼ, from 21ʼ to 26ʼ, from Merchants Road to Monticello Drive, and b. An increase of 6ʼ, from 20ʼ to 26ʼ, from Monticello Drive to the cul-de-sac east of Monticello Drive. 2. Berwick Road a. An increase of 3ʼ, from 23ʼ to 26ʼ, from Merchants Road to Monticello Drive, and b. An increase of 5ʼ, from 19ʼ to 24ʼ, from Monticello Drive to the cul-de-sac east of Monticello Drive. 3. Elm Drive - an increase of 5ʼ, from 19ʼ to 24ʼ, from Monticello Drive to the cul-de-sac east of Monticello Drive. The increases will occur in conjunction with the Curb Replacement Program. They were designed by FRA Engineering and will be accompanied by the replacement of catch basins, driveway aprons and sidewalks, as necessary. Construction of the improvements is scheduled to begin in the fall and be completed by the end of the year. The estimated cost of construction is $712,000, which will be financed from Cash Capital allocations of the Department of Environmental Services. A public information meeting concerning the improvements was conducted on February 26. A copy of the minutes of this meeting will be forwarded to the City Council in the near future. The Traffic Control Board will consider the increase in pavement width on March 5. A public hearing on the increases is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Attachment No. AB-21

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TUESDAY, MARCH 19, 2002 Ordinance No. 2002-58 (Int. No. 57)

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

Authorizing Increases In The Pavement Width Of Lanark Crescent As A Part Of The Curb Replacement Program

Section 3. This ordinance shall take effect immediately.

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

Passed unanimously.

Section 1. The Council hereby approves an increase of 5 feet in the pavement width of Lanark Crescent, from 21 feet to 26 feet, from Merchants Road to Monticello Drive, and an increase of 6 feet, from 20 feet to 26 feet, from Monticello Drive to the 38- foot-radius cul-de-sac 290 feet east of Monticello Drive, as a part of the Curb Replacement Program.

Ordinance No. 2002-61 Re: Pavement Widths - W. Ridge Road Improvement Project

Section 2. Such changes and additional changes as a part of the Curb Replacement Program shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-59 (Int. No. 58) Authorizing Increases In The Pavement Width Of Berwick Road As A Part Of The Curb Replacement Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 3 feet in the pavement width of Berwick Road, from 23 feet to 26 feet, from Merchants Road to Monticello Drive, and an increase of 5 feet, from 19 feet to 24 feet, from Monticello Drive to the 40- footradius cul-de-sac 410 feet east of Monticello Drive, as a part of the Curb Replacement Program. Section 2. Such changes and additional changes as a part of the Curb Replacement Program shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-60 (Int. No. 59) Authorizing An Increase In The Pavement Width Of Elm Drive As A Part Of The Curb Replacement Program

TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation relating to the pavement widths of various streets included in the W. Ridge Road Improvement Project. This legislation will: 1. Authorize the following changes in the pavement widths of existing streets: a. Lake Avenue 1) An increase of 1ʼ, from 70ʼ to 71ʼ, from W. Ridge Road to Redwood Road, and 2) An increase of 5ʼ, from 70ʼ to 75ʼ, from W. Ridge Road to Ridgeway Avenue; b. Maplewood Drive 1) A decrease of 17ʼ, from 51ʼ to 34ʼ, from W. Ridge Road to Keehl Street, and 2) A decrease of 7ʼ, from 33ʼ to 26ʼ, from W. Ridge Road to Gorsline Street; c. W. Ridge Road 1) An increase of 17ʼ, from 63ʼ to 80ʼ, from Lake Avenue to Maplewood Drive, and 2) An increase of 3ʼ, from 72ʼ to 75ʼ, from Hanford Landing Road to Lake Avenue; d. Ridgeway Avenue - an increase of 1ʼ, from 54ʼ to 55ʼ, from Lake Avenue to W. Ridge Road; e. Off-ramp from westbound Route 104 - a decrease of 11ʼ, from 31ʼ to 22ʼ from Veteranʼs Memorial Bridge to Lapham Street; 2. Authorize the following pavement widths for new streets: a. A street connecting W. Ridge Road with Pullman Avenue - 26ʼ: b. A street connecting Redwood Road to Lapham Street - 26ʼ:

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

c. A two-way frontage road south of W. Ridge Road:

Section 1. The Council hereby approves an increase of 5 feet in the pavement width of Elm Drive, from 19 feet to 24 feet, from Monticello Drive to the 38-foot-radius cul-de-sac 575 feet east of Monticello Drive, as a part of the Curb Replacement Program.

1) From Ridgeway Avenue for a distance of 125ʼ - 14ʼ, and

Section 2. Such change and additional changes as a part of the Curb Replacement Program shall be made

3. Authorize the elimination of the following access ramps:

2) From the latter point to Maplewood Drive - 22ʼ;

Page 60 a. Southbound Maplewood Drive to westbound W. Ridge Road, and b. Eastbound W. Ridge Road to southbound Maplewood Drive. Besides the change in or establishment of pavement widths, the project will include the reconstruction of the pavement; construction of loading and drop-off areas in front of the buildings at Kodak Park; realignment of W. Ridge Road; construction of a limited access road on the south side of Ridge Road east of Lake Avenue; establishment of a median between Lake Avenue and the Veteranʼs Memorial Bridge; relocation of certain utilities; replacement of curbs, driveway aprons, sidewalks and the pedestrian bridge over W. Ridge Road; traffic modifications; and special landscaping. The cost of the project, estimated to be $16,843,000, will be financed primarily by the federal and state governments. However, the project is being administered by the City under an agreement authorized by the City Council on August 10, 1999. Design of the project, by Bergmann Associates, was authorized by the Council on April 18, 2000. The proposed changes in the width of existing streets are based upon this design. The new street connecting Pullman Avenue with Lake Avenue is intended to improve vehicular safety. The existing intersection of Pullman Avenue and the existing portion of Minder Street connecting Pullman Avenue with W. Ridge Road will be eliminated and a cul-de-sac will be constructed at the end of Pullman Avenue. The new street connecting Redwood Road to Lapham Street is intended to provide access to Lake Avenue from Lapham Street. The existing intersection of Lapham Street with Lake Avenue will be eliminated, but a sidewalk connection to Lake Avenue will be retained. The new frontage road is intended to facilitate access to the driveways of the properties south of W. Ridge Road. The elimination of the access ramps is based upon low traffic volume. The street realignments and changes in pavement width will require the acquisition and demolition of 19 residential and six business structures. Agreements for the appraisal of these properties were authorized by the Council on November 20, 2001. Public informational meetings concerning the project were held on May 28, 1999, December 12, 2001 and January 31, 2002. Copies of the minutes of the first two meetings were previously forwarded to the Council; copies of the minutes of the latter meeting, which was divided into two sessions, are attached. Construction of the project is scheduled to begin in 2004 and be completed in 2005. The proposals relating to pavement width were endorsed by the Traffic Control Board on February 19, 2002. A public hearing on these proposals is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010:

TUESDAY, MARCH 19, 2002 Attachment No. AB-22 Ordinance No. 2002-61 (Int. No. 81) Authorizing Changes In The Pavement Width Of West Ridge Road, Lake Avenue And Maplewood Drive, Realignments And Intersection And Ramp Changes, And Establishing The Width Of New Streets As A Part Of The West Ridge Road Improvement Project From Hanford Landing Road To The Veteranʼs Memorial Bridge BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following changes as a part of the West Ridge Road Improvement Project from Hanford Landing Road to the Veteranʼs Memorial Bridge: 1. An increase in the pavement width of Lake Avenue of 1 foot, from the existing pavement width of 70 feet to 71 feet, from West Ridge Road to Redwood Road. 2. A decrease in the pavement width of Maplewood Drive of 17 feet, from the existing pavement width of 51 feet to 34 feet, from Lapham Street to Bridgeview Drive. 3. A decrease in the pavement width of Maplewood Drive of 7 feet, from the existing pavement width of 33 feet to 26 feet, from West Ridge Road to Gorsline Street. 4. Establishment of a width of 26 feet for the relocation of a portion of Minder Street which will connect West Ridge Road and Pullman Avenue at a point approximately 108 feet west of Minder Street. 5. Establishment of a width of 26 feet for a new street which will connect Redwood Road at a point 440 feet east of Lake Avenue to Lapham Street at a point 390 feet east of Lake Avenue, to provide for the elimination of the Lapham Street intersection with Lake Avenue. 6. Establishment of a width of 14 feet for a new frontage road south of West Ridge Road beginning at Ridgeway Avenue at its intersection with West Ridge Road and extending east for a distance of 125 feet, and a width of 22 feet for beginning at the latter point and continuing to its intersection with Maplewood Drive. 7. Realignment of West Ridge Road, beginning 740 feet west of the Lake Avenue intersection to the Veteranʼs Memorial Bridge, with the westbound and eastbound travel lanes of West Ridge Road between Lake Avenue and Maplewood Drive divided by a landscaped median. 8. An increase in the pavement width of West Ridge Road of seventeen (17) feet, from Lake Avenue to Maplewood Drive, with a westbound pavement width of forty-five (45) feet and an eastbound pavement width of thirty-five (35) feet, from Lake Avenue to Maplewood Drive. 9. An increase in the pavement width of West Ridge Road of three (3) feet, from the exist-

Page 61

TUESDAY, MARCH 19, 2002 ing pavement width of 72 feet to 75 feet, from Hanford Landing Road to Lake Avenue. 10. An increase in the pavement width of Lake Avenue of five (5) feet, from the existing pavement width of 70 feet to 75 feet, from Ridgeway Avenue to West Ridge Road. 11. An increase in the pavement width of Ridgeway Avenue of one (1) foot, from the existing pavement width of 54 feet to 55 feet, from Lake Avenue to West Ridge Road. 12. A decrease in the pavement width of the off-ramp from westbound Route 104 at the Veteranʼs Memorial Bridge to northbound Maplewood Drive as far as Lapham Street, from the existing pavement width of 31 feet to 22 feet. 13. Elimination of the access ramp from southbound Maplewood Drive to westbound West Ridge Road and elimination of the access ramp from eastbound West Ridge Road to southbound Maplewood Drive. Section 2. Such changes and additional changes as a part of the West Ridge Road Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Douglas March 19, 2002 To the Council: The Public Safety, Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 60 - Approving Applications, Agreements And The 2002 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau Int. No. 61 - Appropriating Funds For A Human Services Project Int. No. 73 - Authorizing The Acquisition Of A Fire Apparatus Deployment Analysis Module And Amending The 2001-02 Budget Int. No. 91 - Appropriation Of Interest On Local Law Enforcement Block Grant Funds Int. No. 92 - Authorizing An Agreement With Respect To Underage Alcohol Enforcement The Public Safety, Services & The Arts Committee recommends for consideration the following entitled legislation: Int. No. 62 - Local Improvement Ordinance - Snow Removal At The Public Market Int. No. 63 - Local Improvement Ordinance - Security At The Public Market The following entitled legislation is being held in committee:

Int. No. 71 - Authorizing An Amendatory Agreement For The Operation Of The BlueCross Arena At The War Memorial Int. No. 72 - Amending The User Fee For The BlueCross Arena At The War Memorial Respectfully submitted, Benjamin L. Douglas Robert J. Stevenson Tony M. Thompson Gladys Santiago PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL Ladies and Gentlemen Ordinance No. 2002-62 Re: 2002 Rochester-Monroe County Youth Bureau Transmitted herewith for your approval is legislation relating to the Rochester-Monroe County Youth Bureau. This legislation will: 1. Approve the 2002 administrative and program budgets of the Bureau; and 2. Authorize any necessary agreements to implement these budgets. 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 2002 provides for administrative costs of $741,915, which is 4.12% less than the 2001 budget. Based upon the proposed budget, the 2002 contribution requested from the City is $110,828, or 14.9%. 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 2001 its net cost was $55,635. The proposed 2002 budget also provides for the operation or administration of the following programs by the City: Program

2002

Department of Parks, Recreation & Human Services:

2001

Change

Page 62 Youth Recreation

TUESDAY, MARCH 19, 2002

$348,049 $ 7,068 Family Violence 202,342 216,794 14,452 Project Base 59,495 58,789 (706) Project Odyssey 5,771 5,771 0 Project YMCA Love 15 19,432 0 (19,432) Police Department: Family & Victim Assistance 127,471 119,434 (8,037) $762,560 $755,905 $ (6,655)

be necessary to effectuate the 2002 Comprehensive Youth Services Plan. The Cityʼs required contribution to the 2002 Youth Bureau Budget shall be financed equally from the 2001-02 and 2002-03 Budgets of the Department of Parks, Recreation and Human Services.

Related Revenue: State Aid

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 $13,706, and said amount, or so much thereof as may be necessary, shall be funded from the 2001-02 Budget of the Department of Parks, Recreation and Human Services.

Other Revenue Sub Total City Contribution

$355,117

$173,848 $206,795 $32,947 265,974 240,755 (25,219) $439,822 $ 7,728

$447,550

$322,738 $(14,383)

$308,355

After consideration of State aid and other revenue, the net cost to the City of all programs will be $308,355, or $14,383 less than the 2001 amount. The following agreements are expected to be required to implement the program budget:

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 $21,122, and said amount, or so much thereof as may be necessary, shall be funded from the 2001-02 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 $5,771, and said amount, or so much thereof as may be necessary, shall be funded from the 2001-02 Budget of the Department of Parks, Recreation and Human Services.

1. NYS Office of Children and Family Services, for partial financing of the programs and projects;

Section 5. The applications and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

2. Rochester-Monroe County Youth Bureau, for the administration of the program;

Section 6. This ordinance shall take effect immediately.

3. Society for the Protection and Care of Children, for operation of the Family Violence Program; and

Passed unanimously.

4. Baden Street Settlement, for operation of Project Base and Project Odyssey. The County Legislature approved the 2002 Youth Bureau budget on November 16, 2001. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Health, Safety and Responsibility Attachment No. AB-23 Ordinance No. 2002-62 (Int. No. 60) Approving Applications, Agreements And The 2002 Administrative And Program Budgets Of The Rochester-Monroe County Youth Bureau BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the 2002 Administrative and Program Budgets of the Rochester-Monroe County Youth Bureau and the Cityʼs participation in the 2002 Comprehensive Youth Services Plan. The Mayor is authorized to execute such agreements and make such applications as may

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-63 Re: CDBG Appropriation Rochesterʼs Child Transmitted herewith for your approval is legislation appropriating $2,500 from the 2001-02 Community Development Block Grant for continuation of the Rochesterʼs Child project. The project 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. The proposed agreement represents the third year of funding. A project description, assessment and budget is attached. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Educational Excellence Attachment No. AB-24 Ordinance No. 2002-63 (Int. No. 61)

Page 63

TUESDAY, MARCH 19, 2002 Appropriating Funds For A Human Services Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $2,500, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2001-02 Community Development Program to fund the Rochesterʼs Child Project of the Rochester Area Community Foundation. Section 2. This ordinance shall take effect immediately.

Maintenance (2 year) Miscellaneous Total

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 $241,059. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Ordinance No. 2002-64 (Int. No. 73)

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-64 Re: 2001-02 Budget Amendment Fire Department

26,000 6,000 $110,000

Authorizing The Acquisition Of A Fire Apparatus Deployment Analysis Module And Amending The 2001-02 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows:

Transmitted herewith for your approval is legislation increasing the 2001-02 budget of the Fire Department to finance the acquisition of a personal computer program to analyze, simulate and present data relating to emergency response times.

Section 1. The Mayor is hereby authorized to enter into an agreement with Deccan International Incorporated for the acquisition of a Fire Apparatus Deployment Analysis Module and technical support for two years.

The computer program, a product of Deccan International, will facilitate management of the departmentʼs resources and provide greater flexibility in deployment. It is used by the fire departments of Denver, Colorado and Washington, D.C., among others.

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $110,000, and of said amount, or so much thereof as may be necessary, $84,000 shall be funded from the 2001-02 Budget of the Rochester Fire Department, and $13,000 shall be funded from each of the 2002-03 and 2003-04 Budgets of the Rochester Fire Department, contingent upon adoption of said budgets.

Use of the program will involve the periodic transfer of data compiled by the Emergency Communications Department. Development of the means to provide for such transfer will require approximately 18 hours of programming by the information systems unit of the department, which, along with personnel from the Bureau of Information Systems, participated in a demonstration of the programʼs capabilities. The program will permit... 1. Workload analysis, by geographic area and time period; 2. Evaluation of response performance, as averages or percentages; and 3. Stimulation of alternative response scenarios and evaluation of their effect upon response performance. Acquisition of the program is consistent with the findings of the PTI study authorized by the City Council on April 14, 1998. This study recommended significant improvements in the information systems of the Fire Department. Acquisition of the program also will facilitate the implementation of the recommendations of the fire station location review by MMA Consulting Group that was authorized by the Council on July 17, 2001. This review is expected to be completed by the end of the month. The budget for the project is as follows. Program license Training

$ 75,000 3,000

Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. Ordinance No. 2001-215, the 2001-02 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 $84,000, which amount is hereby appropriated from funds received from the New York State Department of Health. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-65 And Ordinance No. 2002-66 Re: Police Grants Transmitted herewith for your approval is legislation relating to two grants for police programs. This legislation will: 1. Appropriate a total of $53,232 in interest earnings of the Law Enforcement Block Grant trust fund; Confidential Evidence Fund PAC-TAC Program Total

$33,456 19,776 $53,232

Page 64

TUESDAY, MARCH 19, 2002

2. Authorize an agreement with the Governorʼs Traffic Safety Committee for receipt of a grant of up to $29,713 to partially finance the cost of enforcement activities involving the sale of alcohol to underage persons. Law Enforcement Block Grant

all additional interest to be earned, on Year 4 Local Law Enforcement Block Grant Funds, to fund the confidential evidence fund of the Rochester Police Department. Section 2. There is hereby appropriated the sum of $19,776, constituting interest earned, as well as all additional interest to be earned, on Year 5 Local Law Enforcement Block Grant Funds, to fund the PACTAC Program of the Rochester Police Department.

The LEBG program, which was initiated in 1996, allocates funds to municipalities based on the number of Part I (serious) crimes reported in each jurisdiction. To date, the City has received $1,892,928 under the program.

Section 3. This ordinance shall take effect immediately.

These funds have been deposited in a trust fund, which earns interest. The interest that has accrued must be appropriated and expended by specified dates, which are dependent upon the date of receipt of the grants.

Ordinance No. 2002-66 (Int. No. 92)

The proposed appropriation involves the fourth and fifth grants. The interest on these grants must be expended by June 1, 2002 and January 1, 2003, respectively. Underage Alcohol Enforcement In 1996, as part of its STOP-DWI program, the Police Department began to enhance its enforcement efforts relating to the sale of alcohol to persons under the age of 21. Underage youth were recruited to attempt to purchase alcohol from various locations, such as stores, bars and restaurants. Beginning in 1998, the Governorʼs Traffic Safety Committee has provided grants to partially finance the costs of enforcement. Acceptance of the most recent grant was authorized by the City Council on March 20, 2001. During the grant period (October 1, 2000 through September 30, 2001), 13 enforcement details were conducted. Purchases were attempted at 179 locations and 49 arrests were made for illegal sales. The proposed grant will be used for the continuation of such enforcement efforts. Overtime Informant payments Printing and advertising “Buy” money Vehicle rental Equipment Total

$23,413 1,300 300 1,200 1,500 2,000 $29,713

The proposed grant is $5,443 more than the prior grant. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Health, Safety and Responsibility Ordinance No. 2002-65 (Int. No. 91) Appropriation Of Interest On Local Law Enforcement Block Grant Funds BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated the sum of $33,456, constituting interest earned, as well as

Passed unanimously.

Authorizing An Agreement With Respect To Underage Alcohol Enforcement 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 Governorʼs Traffic Safety Committee for funding for an Underage Alcohol Enforcement Program. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1498 And Local Improvement Ordinance No. 1499 Re: Public Market Snow Removal And Security Services 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.

Page 65

TUESDAY, MARCH 19, 2002 In 2002-03 for snow removal services, the fixed fee will be $100 per property while the footage fee will be $2.44 per foot. The total amount of assessment will be $5,856.11, which is $531.95 more than the 2001-02 amount. Approved 2001-02

Proposed 2002-03

Fixed Fee Number of Properties Fixed Fee Total

$ 100.00 18 $1,800.00

$ 100.00 18 $1,800.00

Footage Fee 2.44 Footage Footage Fee Total

$

1,662.34 $3,524.16

1,662.34 $4,056.11

Total Assessment Less City Portion (800.42)

$5,324.16 (733.56)

$5,856.11

Adjusted Assessment

$4,590.60

$5,055.69

2.12

$

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 2001-02 amount. Proposed 2002-03 Fixed Fee 990.00 Number of Properties Fixed Fee Total Footage Fee 5.09 Footage 1,662.34 Footage Fee Total

$ 18 $17,820.00 $ $ 8,461.31

Total Assessment Less City Portion

$26,281.31 ( 4,010.96)

Adjusted Assessment

$22,270.35

A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Local Improvement Ordinance No. 1498 (Int. No. 62)

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 2002-03 year shall be $5,055.69. The amount to be assessed against each parcel shall include a fee of one hundred dollars ($100.) per parcel plus two dollars and forty-four cents ($2.44) 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: Property Address 248 N. Union Street 558.27 171 Railroad Street 190.25 156 Public Market 126.31 160 Public Market 166 Public Market 60 Public Market 64-66 Public Market 68-70 Public Market 50-52 Public Market 55-57 Public Market 59 Pennsylvania Ave 35 Pennsylvania Ave 16-18 Public Market 25 Pennsylvania Ave 17-23 Pennsylvania Ave 15 Pennsylvania Ave 11 Pennsylvania Ave 9 Pennsylvania Ave 128.24

SBL No.

Front Footage

106.660-0001-014 106.670-0001-078 106.670-0001-074 106.670-0001-075 42.58 106.670-0001-076 35.62 106.590-0003-008 40 106.590-0003-009 40 106.590-0003-010 40 106.590-0003-006 40 106.590-0003-007 40 106.590-0003-005.1 81.50 106.590.0003-002.1 120 106.590-0003-001 40 106.580-0003-026 40 106.580-0003-027 106.580-0003-028 106.580-0003-029 106.580-0003-030

40 40 19.57

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, 2002 and shall be due in one installment. Section 5. This ordinance shall take effect on July 1, 2002 Passed by the following vote:

Local Improvement Ordinance - Snow Removal At The Public Market

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

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

Nays - None - 0.

Section 1. The Council authorizes special snow plowing and salting services for the Public Market during the fiscal year from July 1, 2002 to June 30, 2003. 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

Local Improvement Ordinance No. 1499 (Int. No. 63) 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

Page 66 services for the Public Market during the fiscal year from July 1, 2001 to June 30, 2002. 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 2002-03 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: Front Property Address SBL No. Footage

TUESDAY, MARCH 19, 2002 Transmitted herewith for your approval is legislation relating to the Blue Cross Arena at the War Memorial. This legislation will: 1. Authorize an amendatory agreement with SMG, Inc., for continued management and operation of the Arena; 2. Approve the following changes in the user fee: a. An increase in the amount of the fee, from $1.00 to $1.25, and b. Extension of the fee to tickets under $5.00. The Arena is operated by SMG pursuant to an agreement authorized by the City Council on June 25, 1998. Under the terms of this agreement, SMG is responsible for all operating costs and is required to reimburse the City for all utility costs, up to a maximum of $450,000 per year.

248 N. Union Street 106.660-0001-014 558.27 171 Railroad Street 106.670-0001-078 190.25 156 Public Market 106.670-0001-074 126.31 160 Public Market 106.670-0001-075 42.58 166 Public Market 106.670-0001-076 35.62 60 Public Market 106.590-0003-008 40 64-66 Public Market 106.590-0003-009 40 68-70 Public Market 106.590-0003-010 40 50-52 Public Market 106.590-0003-006 40 55-57 Public Market 106.590-0003-007 40 59 Pennsylvania Ave 106.590-0003-005.1 81.50 35 Pennsylvania Ave 106.590.0003-002.1 120 16-18 Public Market 106.590-0003-001 40 25 Pennsylvania Ave 106.580-0003-026 40 17-23 Pennsylvania Avenue 106.580-0003-027 40 15 Pennsylvania Ave 106.580-0003-028 40 11 Pennsylvania Ave 106.580-0003-029 19.57 9 Pennsylvania Ave 106.580-0003-030 128.24 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.

It is entitled to retain, as a management fee, $420,000 per year of the net operating surplus. If, in any year, a loss is incurred, it is entitled to recover this loss from the net operating surplus of a future year.

Section 4. The assessments shall be billed on the tax bill issued on July 1, 2002 and shall be due in one installment.

2. Provision of an annual incentive payment of up to $75,000 for increased ticket sales or reductions in utility costs.

Section 5. This ordinance shall take effect on July 1, 2002.

These modifications would be applied retroactively to January 1, 2001.

Passed by the following vote:

Following is a summary of the effect of the modification of the reimbursement requirement.

Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 71 And Introductory No. 72 Re: Blue Cross Arena At The War Memorial

In 2000, a loss of $768,735 was incurred. When this amount is added to the losses of previous years, the accumulated loss is $2,088,441. For 2001, for which audited financial statements are not yet available, the loss is projected to be $280,000. The losses are generally attributable to fewer events and lower attendance than originally projected after completion of the renovation of the facility. SMG has indicated that it cannot continue to operate the Arena under such circumstances and has requested that the terms of the operating agreement be modified. SMGʼs right to terminate, if the terms are not modified, is unclear. However, if SMG did terminate, operation of the Arena obviously would be disrupted, as either a new operator was recruited or the City assumed responsibility for its management and operation. To avoid these consequences, it is recommended that the following modifications to the agreement be approved. 1. Reimbursement by SMG of only 50% of the costs of utilities; and

Proposed SMG City Total

$225,000 378,000 $603,000

Present

Change

$450,000 $(225,000) 153,000 225,000 $603,000 $ 0

The present user fee was authorized by the Council on June 25, 1995. The fee presently is not applicable to tickets with a value of $5.00 or less. The proposed changes in the fee, which will be ef-

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TUESDAY, MARCH 19, 2002 fective July 1, are intended to offset the reduction in the reimbursement. Estimated Ticket Revised Sales Revenue

Present Revenue

mediately. Held in committee. By Councilmember Norwood March 19, 2002

Change

$5.00 or less $100,000 $125,000 $ 0 $125,000 More than $5.00 400,000 500,000 400,000 100,000 Total $500,000 $625,000 $400,000 $225,000 A copy of the audited financial statements for 2000 is on file in the Office of the City Clerk. Respectfully submitted, William A. Johnson, Jr. Mayor

To the Council: The Housing and Community Development Committee recommends for adoption the following entitled legislation: Int. No. 64 - Authorizing The Sale Of Real Estate Int. No. 65 - Accepting Donation Of Real Estate Int. No. 66 - Granting A Temporary Easement For The Stutson Street Bridge Project

R2010: Quality Service Introductory No. 71 AUTHORIZING AN AMENDATORY AGREEMENT FOR THE OPERATION OF THE BLUECROSS ARENA AT THE WAR MEMORIAL 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 SMG, Inc. for the operation of the BlueCross Arena at the War Memorial. The amendatory agreement may provide, retroactive to January 1, 2001, that SMG, Inc. be required to pay 50% of the total annual utility costs. The amendatory agreement may also provide, beginning on July 1, 2002, for an annual incentive payment to SMG, Inc. not to exceed $75,000, based on increased ticket sales or utility cost reductions. 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. Held in committee. Introductory No. 72 AMENDING THE USER FEE FOR THE BLUECROSS ARENA AT THE WAR MEMORIAL BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the establishment of an amendatory user fee of $1.25 to be applied immediately to all tickets for events and activities taking place at the BlueCross Arena at the War Memorial on or after July 1, 2002. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary for the collection of the user fee. 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-

Int. No. 67 - Appropriation Of Funds - Homebuyer Assistance Program Int. No. 74 - Approving The Acquisition Of Parcels For The Home Expo/Challenged Street Project Int. No. 75 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $310,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property Within The Cityʼs Home Expo/Challenged Street Project Int. No. 76 - Authorizing The Exchange of Real Estate And A Loan To Grant Agreement Int. No. 93 - Approving The 2002 Home Expo Program And Amending Ordinance No. 2002-39 Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-67, 2002-68, And 2002-69 Re: Real Estate Transactions Transmitted herewith for your approval is legislation approving the following real estate transactions. 1. Sale of 10 properties, 2. Acceptance of the donation of one property, and 3. The granting of a temporary easement. Sales The first property to be sold, 551-555 Portland Avenue, was included in the public auction of September 24, 2001. The vacant lot will be developed as a parking lot for use in conjunction with the purchaserʼs adjacent day care facility. The next two properties - 25 Hillendale Street and 73-75 Karnes Street - will be sold to their former owners. The purchase prices include all delinquent taxes, interest and penalties.

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TUESDAY, MARCH 19, 2002

The next property, 421 Rocket Street, contains a two-family structure that will be deconverted into a single-family structure and resold to an owner-occupant whose family income does not exceed 80% of the median area income. The next property, 8690 Webster Avenue, will be renovated as a day care facility and arts center. The next three properties - 160R Bay Street, 28 Fairbanks Street, and 38 Phelps Avenue - are considered unbuildable because of their size. They will be sold for $1.00 to the owners of adjacent properties and combined with those properties. The last two properties - 402 Hazelwood Terrace and 26 Ries Street - were included in the homesteading lottery of November 13, 2001. The purchasers will be required to rehabilitate the structures within 18 months of the conditional closing and reside in them for at least five years. Donation The property to be donated, 47 Grand Avenue, contains a vacant three-family structure that is in deteriorated condition. Following acquisition, the structure will be demolished, at an estimated cost of $10,000. The resultant vacant lot will contain 5,120 square feet. It will be used for the development of a single-family house under Home Expo 2002. As a condition of the donation, City taxes and charges totaling $7,753 will be canceled. Monroe County taxes totaling approximately $4,700 will be paid by the City. Easement The easement, which consists of .119 acres, is required by the NYS Department of Transportation for the construction of the Colonel OʼRorke Bridge. The price of the easement, $4,500, was established by an independent appraiser, Robert Pogel. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Quality Service Attachment No. AB-25 Ordinance No. 2002-67 (Int. No. 64) Authorizing The Sale Of Real Estate

to former owners: Address S.B.L.#

Price

25 Hillendale St. 135.24-2-3 73-75 Karnes St. 105.49-3-59

$ 6,056.86 Mamie I. Warren 10,540.38 Dolores G. Jones

Purchaser

Section 3. The Council hereby further approves the sale of the following parcels of improved property by negotiated sale: Address S.B.L.#

Price

Purchaser

421 Rocket St. 107.31-2-54

$30,000 Rochester Housing Development Fund Corp.* 86-90 Webster Ave. $1.00 106.68-2-67.1 Northeast Area Development, Inc.** *

Officers: Jean Lowe, Raphael Cestero, Robert Barrows ** Officers: Rev. Robert Morgan, Ann Paige, Ken Graci, Victoria Pellett Section 4. The Council hereby further approves the sale of the following parcels of unbuildable vacant land by negotiated sale for the sum of one dollar ($1.00): Address S.B.L.#

Sq. Ft. Purchaser

160R Bay St. 1380 106.50-2-70.1 Rock Christian Center* 26 Fairbanks St. 2566 091.72-3-75 Winston & Corrine Jones 38 Phelps Ave. 105.43-2-60

3342 John & Jane Mannaua

* Principal: Rev. Jose N. Malave Section 5. The Council hereby further approves the sale of the following parcels of improved property by homesteading lottery for the sum of one dollar ($1.00): Address

S.B.L.#

402 Hazelwood Terr. 107.55-1-46 26 Ries St. 105.82-3-13

Purchaser Letitia Campbell Leonard & Robin Spears

Section 1. The Council hereby approves the sale of the following parcel of vacant land with proposal by regular auction:

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.

Address S.B.L.#

Price Purchaser

Section 7. This ordinance shall take effect immediately.

551-555 Portland Ave. 106.34-1-28

$150 Gwennette Davis-Jones

Passed unanimously.

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

Section 2. The Council hereby further approves the sale of the following parcels of improved property

Ordinance No. 2002-68 (Int. No. 65)

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TUESDAY, MARCH 19, 2002 Accepting Donation Of Real Estate 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 47 Grand Avenue, SBL #106.680-0002-029, from the current owner, Yakup Oruc. Section 2. Upon acquisition by the City, City taxes and other charges against said parcel shall be canceled. Any taxes levied after the date of closing, while the City still owns the parcel, shall also be canceled. Said parcel shall be accepted free and clear of any other outstanding liens or encumbrances, except outstanding County taxes. Section 3. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-69 (Int. No. 66) Granting A Temporary Easement For The Stutson Street Bridge Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the granting of a temporary easement over the parcel known as Map #45, Parcel #50 for two years, for the sum of $4,500, to the New York State Department of Transportation, to facilitate the construction of the new Stutson Street Bridge. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-70 Re: Homebuyer Assistance Program Transmitted herewith for your approval is legislation relating to the Homebuyer Assistance Program. This legislation will: 1. Appropriate $400,000 from the 2001 HOME Program to finance the continuation of the program; and 2. Authorize any necessary agreements. The 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 fiveyear promissory note. If recipient continues to reside in the house and the property is not resold during this period, the note expires. Since inception of the program in September 1993, $1,767,025 has been disbursed or committed to 319 homebuyers. The total unencumbered balance of prior appropriations is $148,316. The most recent appropriation, of $218,000, for the

program was approved by the City Council on July 18, 2000. The proposed appropriation will supplement this amount. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Healthy Urban Neighborhoods Ordinance No. 2002-70 (Int. No. 67) Appropriation Of Funds - Homebuyer Assistance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $400,000, or so much thereof as may be necessary, is hereby appropriated from 2001 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. 2002-71 And Ordinance No. 2002-72 Re: Real Estate Acquisition - Webster Avenue Transmitted herewith for your approval is legislation relating to the acquisition of four properties on Webster Avenue. This legislation will: 1. Authorize the acquisition; and 2. Authorize the issuance of bonds totaling $310,000 and appropriate the proceeds thereof to finance the costs of acquisition, relocation of the occupants and demolition of the structures. The properties contain a one-family house, two twofamily houses and a mixed-use structure, all of which are occupied. The acquisition of the properties is proposed to permit relocation of the occupants, demolition of the structures and inclusion of the resultant lots in Home Expo 2002. The acquisition prices were established by the following independent appraisers: Robert Pogel, Kevin Bruckner and David Hall. The acquisition cost, along with the closing, relocation and demolition costs, will be financed from the proceeds of the proposed bond issue. Acquisition Closing Relocation Demolition Total

$132,500 15,000 102,500 60,000 $310,000

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TUESDAY, MARCH 19, 2002

The properties have a total assessed value of $131,500. Based on 2001-02 rates, total tax revenue is $5,142.

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

Respectfully submitted, William A. Johnson, Jr. Mayor

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 the Cityʼs Home Expo/Challenged Street Project (the “Project”), consisting of the acquisition of the following blighted properties: 61 Webster Avenue, 73 Webster Avenue, 107-107.5 Webster Avenue and 111-113 Webster Avenue. Existing improvements on said properties 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 $310,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $310,000 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.

R2010: Healthy Urban Neighborhoods Attachment No. AB-26 Ordinance No. 2002-71 (Int. No. 74) Approving The Acquisition Of Parcels For The Home Expo/Challenged Street 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 Home Expo/Challenged Street Project: Address S.B.L.# Reputed Owner Type

Amount

61 Webster Ave. 106.68-2-79 Vernal L. & 1 Family Narseary Harris

$39,500

73 Webster Ave. 106.68-2-77 27,000 John A. DeWitte, Commercial Inc. 107-107.5 Webster Avenue 106.68-2-70 John L. Cuyler 2 Family

35,000

111-113 Webster Avenue 106.68-2-69 McCoy Enterprises, 2 Family Inc.

31,000

Section 2. The acquisition, relocation, demolition and closing costs shall obligate the City to pay an amount not to exceed $310,000, 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. 2002-72 (Int. No. 75) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $310,000 Bonds Of Said City To Finance The Costs Of The Acquisition And Demolition Of Improvements On Designated Parcels Of Real Property Within The Cityʼs Home Expo/Challenged Street Project

Section 2. Bonds of the City in the principal amount of $310,000 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 $310,000. 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

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TUESDAY, MARCH 19, 2002 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. 2002-73 Re: Jefferson Avenue Real Estate Transactions Transmitted herewith for your approval is legislation relating to real estate transactions involving two properties on Jefferson Avenue. This legislation will: 1. Authorize the sale of 639-655 Jefferson Avenue to OHAD, LLC (principal: Willie Lightfoot, Jr.); 2. Authorize, as consideration for the sale, the acquisition of 614-622 Jefferson Avenue; and 3. Authorize an agreement with OHAD for the provision of $74,198 to partially finance the costs of construction of a building on the first property. The project involves the replacement of an office of the South West Neighborhood Association, which was previously located at 614-622 Jefferson Avenue but was destroyed by fire. It will involve the construction of a two-story, 3720 square foot building on 639-655 Jefferson Avenue that will contain two apartments, two commercial businesses and an of-

fice for SWAN. The appraised value of the property ($1,700) is approximately equal to the appraised value of the property to be acquired ($1,800). The values were established by an independent appraiser, Robert Pogel. The property to be acquired by the City may be leased, licensed or sold to a community agency in the future. The agency would maintain the parcel as a park. The estimated cost of the project is $312,611. Parcel acquisition Site preparation Construction Professional fees and miscellaneous Total

$

1,700 64,703 219,868 26,340 $312,611

This cost will be financed as follows: Parcel sale Bank loan Insurance proceeds (equity) City Total

$

1,800 85,000 151,613 74,198 $ 312,611

Under the proposed agreement, the City funds will be provided as a five-year loan. The loan will have an interest rate 2% below the prime rate or 3%, whichever is greater. It is expected that six jobs will be created as a result of the project. OHAD will receive a credit for each monthly payment if two businesses are operating in the building for at least eight months in each 12month period. The project is expected to be completed in 230 days. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Economic Vitality Attachment No. AB-27 Ordinance No. 2002-73 (Int. No. 76) Authorizing The Exchange Of Real Estate And A Loan To Grant Agreement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the exchange with OHAD, LLC of the title to the Cityowned parcel at 639-655 Jefferson Avenue, SBL# 120.68-3-8.2, 8.3, 8.4, 9.2 and 10 for the title to the parcel at 614-622 Jefferson Avenue, SBL# 120.683.17. Section 2. The Mayor is further authorized to enter into a loan agreement with OHAD, LLC for the construction of a mixed-use residential and commercial building on the parcel at 639-655 Jefferson Avenue. The loan shall extend for a term of five years after completion of the construction, with interest at the rate of 3% or 2 percentage points below the prime rate at the time of closing as determined by the Director of Finance, whichever is greater. The borrower may receive a credit for each monthly payment, provided

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TUESDAY, MARCH 19, 2002

that two commercial businesses are open and operating in the building at least eight months in each twelve month period. Section 3. The agreement shall obligate the City to pay an amount not to exceed $74,198, and said amount, or so much thereof as may be necessary, shall be funded from the 1998-99 City Development Fund. 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.

The budget for Home Expo 2002 is as follows: Expenses: Total

a. b. c. d.

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

2. Authorize the sale, at their appraised values, of nine parcels on Grand and Webster Avenues and any other parcels previously approved by the City Council for inclusion in the Home Expo program to the aforementioned developers and/or the Greater Rochester Partnership Housing Development Fund Corporation; 3. Appropriate $161,000 from the 2000 and 2001 HOME programs to finance the cost of promotion, security, fencing and other activities associated with Home Expo 2002 and authorize the use of $65,000 in unexpended funds previously appropriated for similar purposes for prior Home Expo programs; 4. Authorize the use of previously approved grants from the NYS Affordable Housing Corporation; and 5. Authorize any agreements required for the use of these funds. Home Expo 2002 will involve the construction of up to 13 houses on parcels in the Grand and Webster Avenue area and an additional 11 houses on parcels in other areas of the city. The program will begin with the construction of five model houses on Webster Avenue.

226,000 $850,000 $ 40,000 334,000 36,000 440,000 $850,000

The home purchase subsidies will vary according to family income: Income as Percent of MSA Median

Subsidy

80% or below 81-100% 100-120%

$20,000 15,000 10,000

Ordinance No. 2002-74 Re: Home Expo 2002

1. Authorize the participation of the following developers in the program:

$144,000 480,000

Revenues: Cash Capital HOME Program City Development Fund NYS AHC Total

TO THE COUNCIL: Ladies and Gentlemen:

Transmitted herewith for your approval is legislation relating to Home Expo 2002. This legislation will:

Closing cost assistance Home purchase subsidies Promotion, security and contingencies

Purchasers with incomes at or below 100% or the median family income will also be eligible to participate in the Homebuyer Assistance Program. Under this program, up to $6,000 is available for down payment and closing cost assistance. The purchase subsidies of $20,000 will permit the houses to be sold at prices between $62,000 and 66,600. Prospective purchasers will have to meet the following income guidelines. Family Size 1 2 3 4 5 6 7 8

80%

100%

120%

$29,600 33,850 38,100 42,300 45,700 49,100 52,500 55,850

$37,050 42,300 47,600 52,900 57,150 61,350 65,600 69,850

$44,450 50,800 57,150 63,500 68,550 73,650 78,700 83,800

A purchaser will be required to reside in the house for a minimum of 10 years or repay the purchase subsidy. After five years, the required repayment amount will decline 20% during each of the remaining five years. The Greater Rochester Partnership Housing Development Fund Corporation will, if necessary, provide construction financing for the participating developers. The Home Store will provide pre-purchase counseling, home ownership training, and assistance in obtaining mortgages. 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.

Home Expo 2002 will be co-sponsored by North East Area Development. NEAD will assist in marketing the houses and will create a “buyer pool”.

Respectfully submitted, William A. Johnson, Jr. Mayor

Home Expo 2002 will complement NEADʼs other revitalization efforts in the area.. NEAD has renovated five houses under the Home Rochester Program and is currently renovating the Wehle Building on the corner of Webster and Grand Avenues into offices and a day care facility.

R2010: Healthy Urban Neighborhoods Ordinance No. 2002-74 (Int. No. 93) Approving The 2002 Home Expo Program And

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TUESDAY, MARCH 19, 2002 Amending Ordinance No. 2002-39 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the participation of the following developers in the 2002 Home Expo Program: HSBC Community Development Corporation (Principal: George Lorson) Imperial Rochester Development Corporation (Principal: Donald Laudadio) Speedwell Construction Services, Inc. (Principal: Robert Spencer) Atlas Construction (Principal: Mike Spaan) Section 2. The Council hereby approves the sale of any of the following parcels of real estate, and any previously approved Home Expo lots, for their appraised value, to any of the developers listed in Section 1 and/or the Greater Rochester Partnership Housing Development Fund Corporation provided that the developer shall construct and sell housing in accordance with the guidelines of the 2002 Home Expo Program: Address 25 Grand Ave. 52 Webster Ave. 55 Webster Ave. 65 Webster Ave. 77 Webster Ave. 83 Webster Ave. 89 Webster Ave. 95 Webster Ave. 101 Webster Ave.

S.B.L.# 106.68-2-25 106.68-2-64 106.68-2-80 106.68-2-78 106.68-2-76 106.68-2-75 106.68-2-74 106.68-2-73 106.68-2-71

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. Previously appropriated local funds for the Home Expo Program and grants from the New York State Housing Corporation are hereby further authorized for use to fund the 2002 Home Expo Program. Section 5. The sum of $76,500, or so much thereof as may be necessary, is hereby appropriated from 2000 HOME Program funds, and the sum of $84,500, or so much thereof as may be necessary, is hereby appropriated from 2001 HOME Program funds, to fund the 2002 Home Expo Program. Section 6. The Mayor or his designee is hereby authorized to enter into agreements which may be necessary to implement the 2002 Home Expo Program.

Section 9. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Mains March 19, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: Int. No. 68 - Resolution Approving Appointments And Reappointments To The Downtown Enhancement District Advisory Committee Int. No. 69 - Amending And Restating The Deferred Compensation Model Plan For Employees Of The City Of Rochester Int. No. 70 - Amending Chapter 111 Of The Municipal Code In Regard To Handicapped Parking Permits And Amending The 2001-02 Budget Int. No. 78 - Authorizing A Loan Agreement With The City School District Int. No. 79 - Authorizing An Agreement With Respect To Underwriting Services For School District Bond Refunding Int. No. 80 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of An Amount Not To Exceed $108,000,000 In Principal Amount Of Refunding Bonds Of Said City To Finance The Advance Refunding And Refunding Of Bonds Previously Issued By The City To Fund The Capital Costs Of The Construction, Renovation, Expansion And Equipping Of Certain Facilities Operated By The Rochester City School District The following entitled legislation is being held in committee: Int. No. 77 - Establishing Maximum Compensation For A Professional Services Agreement For The Genesee Crossroads Parking Garage And Project Area Respectfully submitted, Tim O. Mains Brian F. Curran Nancy K. Griswold Gladys Santiago ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen:

Section 7. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Resolution No. 2002-9 Re: Appointments - Downtown Enhancement District Advisory Committee

Section 8. Ordinance No. 2002-39, relating to a float loan for the Near Westside Rental Project, is hereby amended by amending the final sentence of Section 2 thereof to read in its entirety as follows:

Transmitted herewith for your approval is legislation confirming the appointment or reappointment of seven people to the Downtown Enhancement District Advisory Committee.

The loan shall be secured by a note and mortgage administered through a Building Loan Agreement.

Appointments Mark Stevens S. B. Ashley Management Corporation

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TUESDAY, MARCH 19, 2002

Scott Grippo Genesee Management, Inc. (Sibley Building) Nickolaus Wowk Xerox Corporation

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-75 Re: Deferred Compensation Plan

Reappointments Tom Moonan Monroe Title Insurance

Transmitted herewith for your approval is legislation approving an amended deferred compensation plan to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001.

Steven White Hyatt Regency Rochester

Deferred compensation plans are intended to encourage 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.

Eugene Lockhart All Day Sunday Dr. Quinton Bullock MCC Damon City Center Mr. Stevens will replace Matt Pica of the Sheraton Four Points Hotel. Mr. Grippo will replace James Yarrington of Doran Yarrington and Moran Architects. Mr. Wowk will replace Charles Cummings of Xerox. The terms of all of the appointments and reappointments will extend through December 31, 2003. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Center City Resolution No. 2002-9 (Int. No. 68) Resolution Approving Appointments And Reappointments To The Downtown Enhancement District Advisory Committee BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment or reappointment of the following persons to the Downtown Enhancement District Advisory Committee for terms which shall expire as follows: Name

Adopted unanimously.

Affiliation

Expiration

Appointment: Mark Stevens S.B. Ashley Mgt. Corp. Scott Grippo Genesee Mgt., Inc. Nickolaus Wowk Xerox Square

12/31/03 12/31/03 12/31/03

Reappointment: Thomas Moonan 12/31/03 Monroe Title Insurance Corp. Steven White 12/31/03 Rochester Hyatt Eugene Lockhart 12/31/03 All Day Sunday Dr. Quinton Bullock 12/31/03 Damon City Center Section 2. This resolution shall take effect immediately.

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, and August 22, 2000. Under the proposed additional 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 increases to the amount an employee may defer, greater flexibility with respect to distributions, and portability between retirement plans. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service Attachment No. AB-28 Ordinance No. 2002-75 (Int. No. 69) 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, 2002, the Board amended the Model Plan to adopt provisions of the

Page 75

TUESDAY, MARCH 19, 2002 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.

Ordinance No. 2002-76 (Int. No. 70) Amending Chapter 111 Of The Municipal Code In Regard To Handicapped Parking Permits And Amending The 2001-02 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 111-76 of the Municipal Code, Parking for handicapped persons, is hereby amended by changing Subsection A in its entirety to read as follows:

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

The City Clerk shall issue parking permits to handicapped residents of the City in accordance with rules and regulations adopted by the City Clerk for this purpose.

Section 1. The City of Rochester hereby amends the Deferred Compensation Plan for Employees of the City of Rochester effective January 1, 2002, by adopting the amended and restated Model Plan effective January 1, 2002, in the form on file with the City Clerk.

Section 2. Ordinance No. 2001-215, the 2001-02 Budget of the City of Rochester, as amended, is hereby further amended by transferring the sum of $7500 from the Police Department to the City Council/City Clerk to reflect the transfer of responsibility for issuing handicapped parking permits.

Section 2. This ordinance shall take effect immediately.

Section 3. This ordinance shall take effect on April 1, 2002.

Passed unanimously.

Passed unanimously.

TO THE COUNCIL: Ladies and Gentlemen:

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-77 Re: Agreement - City School District, Transportation Program

Ordinance No. 2002-76 Re: Handicapped Parking Permits Transmitted herewith for your approval is legislation transferring the responsibility for issuing handicapped parking permits from the Chief of Police to the City Clerk, and amending the 2001-02 Budget to reflect this change. Currently, permits for handicapped parking are handled by the Investigation Unit of the Police Department. Applicants bring the required documentation to the desk at the Public Safety Building, where the permits are issued. When the new Public Safety building opens this spring, the Investigation Unit will be located on the fourth floor, in an area that is not accessible to the public. To address this problem, beginning on April 1, the City Clerk has agreed to accept responsibility for this new activity along with the various other permits issued by her office in City Hall. Throughout Monroe County, the various Town Clerks are generally responsible for issuing handicapped parking permits rather than police agencies. This change, therefore, will bring City practice in line with prevailing practices in the area. Along with the responsibility for issuing the permits, one clerical position will be transferred from the Police Department to the Clerkʼs office to accommodate the workload, which is currently in the range of 5,000 permits per year. The cost of this service for the final quarter of the year is estimated to be $7500. The proposed budget amendment will effect this transfer. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Quality Service

Lois J. Giess President

Transmitted herewith for your approval is legislation authorizing an agreement with the City School District for the loan of $3.3 million to finance a portion of the costs of its transportation program during 2001-02. The program provides for the transport of students who reside more than 1.5 miles from their schools. Transportation is provided for approximately 25,000 students to 173 locations, including public, private and parochial schools. Most of the costs of the transportation program are reimbursed by New York State. The reimbursement occurs in the year following the year in which the costs are incurred. As you are aware, in 2001-02 the District was confronted with a state aid deficiency of about $19.6 million. To address this deficiency, the District considered increasing the distance required for eligibility for participation in the transportation program from 1.5 to 3.0 miles and eliminating transportation for the Urban-Suburban program. The changes would have reduced transportation costs by about $3.3 million in 2001-02. However, they also would have resulted in reduced revenues of about $2.9 million in 2002-03. To avoid the need for changes in the transportation program, the District requested an exception to the City Charter requirement for a minimum cash capital allocation of $10 million, to permit these funds to instead be used for operating purposes. It proposed to finance the capital projects for which the funds were originally allocated from the proceeds of bonds. The City approved the exception to the Charter

Page 76 requirement. However, since the amount of bonds scheduled to be issued by the District under its capital improvement program already exceeded the amount of debt scheduled to be redeemed, the City did not approve the additional bonds. Instead, it proposed a temporary loan to finance continuation of the transportation program. The proposed agreement will authorize this loan. Under the agreement, the loan will be repaid in three annual installments of $1.1 million each. The deferral of the repayment of $2.2 million to future years is intended to assist the District in addressing its 2002-03 budget problems.

TUESDAY, MARCH 19, 2002 Transmitted herewith for your approval is legislation relating to the refinancing of the bonded indebtedness of the City School District. This legislation will: 1. Authorize the issuance of new bonds totaling $108 million and appropriate the proceeds thereof for the future redemption of existing bonds totaling $94.1 million and interest thereon; and 2. Authorize an agreement with Roosevelt & Cross, of New York City, for the provision of underwriting services for the refinancing.

The interest rate on the loan will be equivalent to the Cityʼs average investment rate for the 12-month period ending May 1. The present investment rate is 2.43%.

At present, the maximum maturity of a debt issue is determined by the “period of probable usefulness” specified by the NYS Local Finance Law. In practice, the maturity established by the City for a debt issue is usually less than the maximum period specified by the law.

The present unappropriated balance of the Insurance Reserve Fund is approximately $12.1 million. A similar loan, of $3.7 million, was authorized by the City Council on June 19, 1990, to assist the district in revising its transportation program.

The Cityʼs practice of rapid repayment is intended to protect its credit rating. Because of the practice, Moodyʼs has characterized the Cityʼs debt burden - which is above the median for similar cities - as “manageable”.

Respectfully submitted, William A. Johnson, Jr. Mayor

The District is partially reimbursed by New York State for the repayment of debt issued for construction or renovation of buildings through the building aid program. In the past, the amount of building aid received was directly related to the amount of the principal and interest payments.

R2010: Educational Excellence Ordinance No. 2002-77 (Int. No. 78) Authorizing A Loan Agreement With The City School District BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is authorized to enter into a loan agreement with the City School District whereby the City shall loan to the District the sum of $3,300,000 in order that the District may maintain the distance at which students are transported to and from school at one and one-half miles. The loan shall be repaid by the District in three annual installments of $1,100,000 plus interest for the twelve month period prior to May 1 of each year, commencing in May, 2003. Interest shall be based on the Cityʼs investment rate for the twelve month period prior to May 1 of each year, as determined by the Director of Finance. Section 2. The agreement shall obligate the City to pay an amount not to exceed $3,300,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the Insurance Reserve Fund. Section 3. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-78 And Ordinance No. 2002-79 Re: Debt Refinancing, City School District

Under Chapter 383 of the Laws of 2001, standard reimbursement schedules - which are the different specified periods of probable usefulness - were established and will become effective in 2002-03. For the District, the reimbursement periods will exceed the present maturities of its debt. The extension of the reimbursement period will significantly reduce the amount of building aid the District will receive annually, by about $11-12 million for its bonded indebtedness in 2002-03. The proposed refinancing is intended to offset this reduction in revenue through a reduction in annual debt service. The reduction in debt service will be achieved through an extension of the maturity of the debt. The amortization of the new bond issues will be “matched” to the revised reimbursement schedule. The proceeds of the new debt will be placed in an escrow account and will be used in the future for repayment of the old debt, and interest thereon, in accordance with its existing maturity schedule for the old debt. Obviously, with the extension of the maturity of the Districtʼs debt resulting from the new bond issue, total interest costs will increase. Roosevelt & Cross is recommended to provide the underwriting services required for the refinancing because of its experience. It has been involved with similar refinancings for other schools and has been the manager or co-managers of negotiated transactions for the following entities: Counties: Broome, Erie, Monroe, Nassau and Oneida Cities:

Buffalo, Syracuse, Utica and White Plains

Other:

New York State, Empire Development Corporation, Environmental Facilities

TUESDAY, MARCH 19, 2002 Corporation, Dormitory Authority, Thruway Authority, Metropolitan Transportation Authority, NYS Housing Finance Agency, NYS Mortgage Agency, Port Authority of New York and New Jersey Because of its experience, it has significant marketing capabilities. It has over 9,000 retail clients, including 6,700 in New York State, and custody of over $1.2 billion in funds. The fee for the underwriting services will be based on the maturity of the new bonds to be issued. Maturity 2002 2003-2006 2007-

Fee per $1,000 $2.50 3.75 5.00

It is estimated that total fees will be $475,000 to $500,000. The fees will include the costs of Roosevelt & Crossʼ counsel and escrow and verification agents; printing of the official statement for the issue; credit ratings; and bond insurance. Provision for the fees will be included in the new bond issue. Consequently, the District will be reimbursed by the State for approximately 77% of the fees over the maturity of the bonds. The refinancing of the existing bonded indebtedness is expected to occur within 30 days. The maturities of existing bond anticipation notes will be “matched” to the new reimbursement schedule when they are reserved or converted into bonds. Respectfully submitted, William A. Johnson, Jr. Mayor R2010:

Educational Excellence Ordinance No. 2002-78 (Int. No. 79)

Authorizing An Agreement With Respect To Underwriting Services For School District Bond Refunding 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 Roosevelt & Cross, Inc. for underwriting services for refunding of the bonded debt of the City School District. Section 2. The agreement shall obligate the City to pay Roosevelt & Cross at the rate of $2.50 per $1,000 for debt maturing in 2002, $3.75 per $1,000 for debt maturing in 2003-2006, and $5.00 per $1,000 for debt maturing in 2007 and thereafter, which amounts shall be funded from the bond ordinance adopted for this purpose. 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. 2002-79

Page 77 (Int. No. 80) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of An Amount Not To Exceed $108,000,000 In Principal Amount Of Refunding Bonds Of Said City To Finance The Advance Refunding And Refunding Of Bonds Previously Issued By The City To Fund The Capital Costs Of The Construction, Renovation, Expansion And Equipping Of Certain Facilities Operated By The Rochester City School District 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”), has previously issued certain series of bonds of the City in the calendar years 1993 through 2001 (the “Bonds”) to fund the capital costs of the construction, renovation, expansion and equipping of certain facilities (the “Projects”) operated by the Rochester City School District (the “School District”). A complete description of the Bonds is on file in the office of the Chief Fiscal Officer of the City. The total maximum cost of the specific objects or purposes constituting the Projects were duly authorized by the City in connection with issuance of each respective series of Bonds and said amounts were duly appropriated and expended therefor. The City pledged to levy and collect ad valorem tax on all the taxable real property in the City without limitation as to rate or amount in amounts sufficient to pay the principal of the Bonds and the interest thereon as the same shall become due and payable. Section 2. Chapter 383 of the New York State Laws of 2001 (the “Act”) has amended the State education law, general city law and local finance law to allow for an adjustment in the State building aid formula over an extended amortization period thereby enabling the City to achieve significant cost savings over the extended amortization period for indebtedness incurred to refund the Cityʼs existing Bonds (the “Refunding Bonds”). Refunding Bonds of the City in the principal amount not to exceed $108,000,000 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, including, specifically, Section 90.00 thereof, as amended by the Act (herein called the “Law”), this Ordinance, and other proceedings and determinations related thereto. Section 3. The amortization term of the Refunding Bonds, or any series thereof, shall be as prescribed by the Commissioner of Education of the State over the period (or aggregate of periods) maximizing State building aid for the Projects available under the Act. Section 4. The proceeds of the sale of the Refunding Bonds shall be held and invested exclusively for application to the outstanding principal amounts of the Bonds as the Bonds become available for redemption (or payment at maturity) without prepayment penalty or premium, all in accordance with Section 90.10 of the Local Finance Law, as amended by the Act. Section 5. The Refunding Bonds authorized by this Ordinance shall contain the recital of validity as prescribed by Sections 52.00 and 90.00 of the Law and 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

Page 78 faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on 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 (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 of Sections 50.00, 51.00, 56.00 to 59.00 and 168.00 of said Law, the powers and duties of the City Council 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, 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.

TUESDAY, MARCH 19, 2002 spaces on four levels, and Charles Carroll Park and Plaza, which is located above the garage, were constructed in 1966. The garage is experiencing deterioration of various structural, mechanical and electrical components. The deterioration has resulted in concrete spalling, delamination, joint leakage and defective systems. For this reason, on May 31, 2001, it was proposed to the City Council that FRA Engineering develop a comprehensive rehabilitation and maintenance plan for the garage. The Council, however, suggested that such a plan should not be developed separately from the plan for redevelopment of the park and other plans for the development of adjacent private properties. The latter plans include expansion of the Kenneth Keating federal building and development for mixed uses of the Rochester Gas & Electric property on Front Street. Accordingly, proposals for preparation of both an area redevelopment plan and garage maintenance plan were therefore solicited from seven organizations. Four proposals were received. These proposals were reviewed by an interdepartmental committee consisting of representatives from the Economic Development Department and Departments of Community Development, Environmental Services and Parks, Recreation and Human Services. Bergmann is recommended because of its familiarity with the area, its past performance and the experience and qualifications of the team that it has assembled for the project. This team includes Hargreaves Associates, of Cambridge, Massachusetts and San Francisco, California, and RKG Associates, of Durham, New Hampshire and Alexandria, Virginia. Hargreaves was involved in the development of waterfront parks in Cincinnati, Louisville, Portland, San Diego, and San Jose, among other cities. RKG, a land use planning and real estate market research and analysis specialist, was involved in riverfront development in South Bound Brook, New Jersey and the downtown redevelopment of Bowling Green, Kentucky. Under the proposed agreement, the team will: 1. Complete an inventory of the parcels within the project area that indicates:

Nays - None - 0.

a. Current land use,

TO THE COUNCIL: Ladies and Gentlemen:

b. Ownership,

Introductory No. 77 Re: Agreement - Bergmann Associates, Genesee Crossroads Area Redevelopment

d. Public and private utilities,

c. Current and proposed zoning classifications, e. Occupancy, and

Transmitted herewith for your approval is legislation authorizing an agreement with Bergmann Associates, 200 First Federal Plaza, for preparation of a redevelopment concept plan for the Genesee Crossroads area and a rehabilitation and maintenance plan for the municipal parking garage in the area. The maximum cost of the agreement will be $150,000, which will be financed from the 1994-95 and 1995-96 Cash Capital allocations.

2. Prepare three alternative concept redevelopment plans that provide for:

The area includes a portion of the Genesee Crossroads Urban Renewal Project Area, which was established in 1963. The parking garage, which contains 611

c. Improvements achieving a result that is between plans a and b;

f. Future development plans;

a. Demolition of the parking garage, b. Retention of most of the parking garage with a street level walkway along the river, and

Page 79

TUESDAY, MARCH 19, 2002 - THURSDAY, APRIL 4, 2002 3. Prepare an overview of the relevant components of the real estate market of the area and, particularly, of the center city;

1995-96 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately.

4. Prepare a parking analysis of the area, indicating current and projected demand and capacity, and a parking management plan;

Held in committee. The meeting was adjourned at 8:47 P.M.

5. Evaluate the public art in the park and recommend any changes in display;

CAROLEE A. CONKLIN City Clerk

6. Evaluate the structural condition of the Sister Cities pedestrian bridge and the feasibility of covering the bridge and restoring the river fountain to operation;

*****

7. Evaluate the feasibility of connecting the walkways in the project area to the High Falls entertainment district; 8. Conduct a visual condition survey of the garage; 9. Conduct concrete core and cathodic protection investigations; 10. Prepare a rehabilitation and maintenance plan for the garage within the context of the concept redevelopment plans for the area; 11. Prepare preliminary cost estimates for each of the concept plans; and 12. Prepare a final report containing conclusions and recommendations. A project advisory committee, consisting of City staff and representatives of affected property owners, will be established to oversee the project. A design charette and workshop will also be conducted to assist in the development of the alternative concepts. The project is expected to require nine months to complete. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Centre City Introductory No. 77 ESTABLISHING MAXIMUM COMPENSATION FOR A PROFESSIONAL SERVICES AGREEMENT FOR THE GENESEE CROSSROADS PARKING GARAGE AND PROJECT AREA BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $150,000, 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 a comprehensive long-term rehabilitation and maintenance plan for the Genesee Crossroads Parking Garage and a pre-development concept plan for the Genesee Crossroads Project Area. The agreement may extend until nine (9) months after completion and acceptance of the construction of the Project. Of said amount, $20,900 shall be funded from the 1994-95 Cash Capital Allocation and $129,100 shall be funded from the

SPECIAL COUNCIL MEETING April 4, 2002 5:30 P.M. Present - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Stevenson, Thompson - 8. Absent Councilmember Santiago - 1. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United

Page 80

THURSDAY, APRIL 4, 2002

States of America. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Norwood The Housing And Community Development April 4, 2002

northwesterly extension a distance of 130.0 feet more or less to the centerline of Romeyn Street; Thence 5)

Northeasterly along the centerline of Romeyn Street to a point 3 feet from the northeasterly line of Lot 23 of said Staples Tract projected southeasterly to the centerline of Romeyn Street;

Thence 6)

Northwesterly parallel to the northeasterly line of Lot 22 and 3 feet southwesterly therefrom a distance of 113.3 feet more or less to the rear line of said Lot 23;

Thence 7)

Southwesterly along the rear line of said Lot 22 and the rear line of Lot 5 of James M. Whitneyʼs Subdivision of Lot 38, Section F, of the Whitney Tract to a point 40.42 feet more or less from the southerly line of said Lot 5;

Thence 8)

Northwesterly along the midline of said Lot 5 and itʼs extension a distance of 67.5 feet more or less to the centerline of Orange Street;

Thence 9)

Northeasterly along the centerline of Orange Street a distance of 212 feet to a point;

To the Council: Introductory No. 36, was introduced February 12, 2002, and appears in its original form with its transmittal letter on page 40 of the current Council Proceedings. Attachment No. AB-42 Councilmember Norwood moved to amend Introductory No. 36. The motion was seconded by Councilmember Stevenson. The motion was adopted unanimously. Ordinance No. 2002-80 (Int. No. 36, As Amended) Changing The Zoning Classification Of 11-35 Orange Street And 14-34 Romeyn Street From R-2 Two-Family Residential And 583 Broad Street And 37 Romeyn Street From M Manufacturing Industrial To C-2 Community Commercial 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 11-35 Orange Street and 14-34 Romeyn Street, from R-2 Two-Family Residential, and 583 Broad Street and 37 Romeyn Street from M Manufacturing Industrial to C-2 Community Commercial: 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 intersection of the centerline of Romeyn Street and the centerline of West Broad Street; Thence 1) Southeasterly along the centerline of West Broad Street a distance of 137.5 feet more or less to the northeasterly projection of the centerline of the abandoned Rickard Alley; Thence 2) Southwesterly along said projection and along said centerline of Rickard Alley a distance of 330.00 feet to a point; Thence 3) Northwesterly and at right angles to the centerline of Rickard Alley a distance of 7.5 feet to the southwesterly corner of Lot 8 of the Staples Tract as recorded in the Monroe County Clerkʼs Office in Liber 37 of maps at page 17; Thence 4) Northwesterly along the southwesterly line of said Lot 8 and itʼs

Thence 10) Southeasterly and parallel with the southerly line of Broad Street a distance of 60 feet to the westerly line of Lot 1 of said Whitneyʼs Subdivision; Thence 11) Southwesterly along the westerly line of said Lot 1 a distance of 37 feet to the southerly line of said Lot 1; Thence 12) Southeasterly along the southerly line of said Lot 1 a distance of 23.72 feet to the easterly line of said Lot 1; Thence 13) Northeasterly along the easterly line of said Lot 1 a distance of 42.36 feet to a point; Thence 14) Southwesterly and parallel to the southerly line of Lot 18 of the said Staples Tract a distance of 94.52 feet to the centerline of Romeyn Street; Thence 15) Northeasterly along the centerline of Romeyn Street to the centerline of West Broad Street and the point or place of beginning. Section 2. The change in the zoning classification authorized herein shall take effect upon compliance by the applicant with the following requirements, as certified by the City Engineer to the Director of Zoning, within eighteen months of the adoption of this ordinance, and shall effect a change in the zoning classification of said parcels even if said parcels have been reclassified in the interim as a result of the adoption of a new zoning code and map for the City: a. Obtaining approval for, and abandonment of,

THURSDAY, APRIL 4, 2002 - TUESDAY, APRIL 16, 2002

Page 81

that portion of Romeyn Street from West Broad Street to the proposed new connector street between Romeyn Street and Orange Street; and

COMMUNICATIONS FROM THE MAYOR, COUNCIL PRESIDENT, CORPORATE OFFICERS AND OTHERS.

b. Obtaining approval for, and dedication, naming and construction to the City Engineerʼs specifications of, a new connector street between Romeyn Street and Orange Street.

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. 3683-7 Corporation Counsel Submits Settlement of Tax Assessment Proceedings. 3684-7

Section 3. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. The meeting was adjourned at 5:47 P.M. CAROLEE A. CONKLIN City Clerk *****

REGULAR MEETING April 16, 2002 Present - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Absent - Councilmembers Douglas, Santiago - 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. Recognition Ceremony Retirement: Bureau of NET *Terrance G. Borshoff Department Of Parks, Recreation & Human Services *Grace Snavely Economic Development Department Jessie Marvin Lazeroff Finance Department *John H. Knaak *Richard Koral *Frank F. Roberts Fire Department Thomas Glende *Robert W. McDevitt *Gary Weisensel Library *Willie T. Griffin Police Department *Adin Feliciano *Joseph L. Murphy Daniel F. Woods *Not attending meeting, APPROVAL OF THE MINUTES By Councilmember Thompson RESOLVED, that the minutes of the Regular Meeting of March 19, 2002, be approved as published in the official sheets of the proceedings. Passed unanimously.

THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. By President Giess - Petition from residents of the South East Area Coalition requesting for 45 more days to review zoning code revision. Petition No. 5095 By President Giess - Petition from residents of the Swillburg Neighborhood Association requesting for more trees to be planted along Henrietta Street from Nelson Street to Field Street. Petition No. 5096 THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Authorizing Increases In The Pavement Width Of Richmond Street As A Part Of The Richmond Street Improvement Project Int. No. 97 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Int. No. 98 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. 99 No speakers. Continuation Of Local Improvement Ordinance No. 1340 Relating To The Lyell Avenue I Street Lighting Upgrade Project Int. No. 100 No speakers. Continuation Of Local Improvement Ordinance No. 1377 Relating To The Lyell Avenue II Street Lighting Upgrade Project Int. No. 101 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 102 No speakers. Authorizing Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project Int. No. 122 No speakers. Authorizing Increases In The Pavement Width Of Lily Street As A Part Of The Lily Street Improvement Project Int. No. 123 One speaker: Tim Brooks. Approving The Re-Opening Of Wilson Boulevard From Ford Street To Elmwood Avenue And Additional Pavement Changes To Wilson Boulevard And Public Access Improvements To Bausch & Lomb Riverside Park Int. No. 125 No speakers. Authorizing Amendatory 1999-2000 And 2000-01 Community Development Program Plans To Transfer

Page 82 Funds To The Good Grades Pay And Job Creation/ Youth Development Accounts Int. No. 128 No speakers. Establishing A Moratorium On Applications For Amendments To The Zoning Ordinance And Map Int. No. 108 One speaker: Gloria Edmonds. Changing The Zoning Classification Of 420 Westfall Road From R-3 Low-Medium Residential To R-3/O-O Low-medium Residential/Overlay Office Int. No. 124 One Speaker: GRH Architects Approving The Sale Of 110 Science Parkway In The Rochester Science Park To LeFrois Development, LLC Int. No. 120 No speakers. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2002-81 Re: Agreement - WXXI, Channel 12 R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing a six-month agreement with WXXI Public Broadcasting, 280 State Street, for continued operation of Channel 12, the Cityʼs government access television station. The maximum cost of the agreement will be $87,111, which will be financed from the 2001-02 budget for Undistributed Expense. The original agreement with WXXI was authorized by the City Council on December 17, 1991. The most recent agreement was authorized by the Council on December 18, 2001 and expired on March 21, 2002. Under the agreement, WXXI provides the primary transmission facilities and programming for Channel 12. The purpose of the agreement is to increase the viewership of Channel 12 and to thus enhance the Cityʼs marketing and informational efforts. Through WXXlʼs access to and broadcast of program materials from the public broadcasting system, the amount of unprogrammed time on the channel is limited. At present, regular programming is provided from 9:00 a.m. to 11:00 p.m. Thereafter, “bulletin boards” containing information about City job and contract opportunities, special events and community activities are shown. WXXI is required to provide studio facilities for the Cityʼs production of up to 50 hours of programming each year. Currently, the City produces two regular half-hour shows each month about City services and events. It also produces various public service announcements that are shown between regular programs. Under the proposed agreement, WXXI will continue to be required to operate Channel 12 for at least 14 hours each day. The City will advise WXXI of the amount of programming it will provide and WXXI will be responsible for providing sufficient programming to fill the remaining time. Respectfully submitted, William A. Johnson, Jr.

TUESDAY, APRIL 16, 2002 Mayor Ordinance No. 2002-81 (Int. No. 132) Establishing Maximum Compensation For A Professional Services Agreement With WXXI Public Broadcasting For City 12 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $87,111, 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 WXXI Public Broadcasting for the continued operation of City 12 for a term not to exceed six months. Said amount shall be funded from the 2001-02 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-82 Re: Agreement - South Wedge Planning Committee, Dock Installation R2010: Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation authorizing an agreement with the South Wedge Planning Committee (SWPC), 288 Sanford Street, Rochester, New York, 14620 in an amount not to exceed $15,000, as a matching grant for installation of docks at South Wedge Landing. City Council introduced and authorized funding for the matching grant in Ordinance 2001-202, as part of the FY 2002 Cash Capital budget. Since that time, the South Wedge Planning Committee has actively pursued the required matching funds through grant applications and solicitations. In order to move forward with the $30,000-$35,000 project in time to complete installation this spring, a local business, K.A.S.E., Inc. has agreed to guarantee the up-front match funding needed to purchase and install 225 linear feet of floating dock. The agreement will provide for SWPC to continue efforts to secure the matching funds, however, in the event this effort is not successful by September 1, 2002, K.A.S.E. will absorb any shortfall. Following installation, the docks will be donated to the City of Rochester and be available for public use. They will be the only facility locally that will be designed specifically to accommodate the physically challenged. K.A.S.E., with offices located in Macedon, does business as “Canalside Rentals” and currently operates a number of canoe, bicycle and kayak rental facilities along the Erie Canal, including sites in Fairport, Brockport, Macedon, Palmyra, Waterloo and Kershaw Park in Canandaigua. Additionally, they manage the operation of the Genesee Waterways Center in Genesee Valley Park. The President and CEO is Kathy Skinner who has been actively involved with SWPC in organizing the River Challenge Event held in June as well as efforts to increase access to and activity along the south river and canal. In return for guaranteeing the matching funds, K.A.S.E. will be afforded the opportunity to operate a canoe/kayak/bicycle rental

TUESDAY, APRIL 16, 2002 and instructional service at the South Wedge Landing site under a license agreement from the City. Plans call for a 7-day per week, staffed operation. K.A.S.E. will install and remove the docks seasonally and pay the City a flat annual license fee ($500) plus 10% of gross income over $2,500. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-82 (Int. No. 133) Authorizing Agreements Relating To Docks At The South Wedge Landing 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 agreement between the City and the South Wedge Planning Committee as a matching grant for the installation of docks at the South Wedge Landing. Said amount shall be funded from the 2001-02 Cash Capital Allocation. Section 2. The Mayor is hereby authorized to enter into a license agreement with K.A.S.E., Inc., d/b/a Canalside Rentals, for the use of the South Wedge Landing site and docks for canoe, kayak and bicycle rentals and instruction. K.A.S.E., Inc., d/b/a Canalside Rentals, shall install and remove the docks seasonally and shall pay to the City a flat rate of $500 annually plus 10% of the gross income over $2,500 annually. The license agreement may extend for a term of two years, with three one-year options to renew. 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. REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Stevenson April 16, 2002 To the Council: The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 94 - Establishing Maximum Compensation For An Amendatory Agreement For The Lake Avenue Public Improvement Project Int. No. 95 - Establishing Maximum Compensation For An Agreement For The Electric Avenue Pedestrian Bridge Removal Int. No. 96 - Amending The 2001-02 Budget With Respect To Water Int. No. 111 - Establishing $729,100 As Maximum Compensation For An Amendatory Professional Services Agreement For Environmental Remediation Of The Former APCO General Contractorʼs Site

Page 83 Int. No. 112 - Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $182,300 Bonds Of Said City To Finance The Additional Cost Of Implementing Environmental Remediation At The Former APCO Site Located Within The City At 79 Woodstock Road Int. No. 113 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,145,100 Bonds Of Said City To Finance The Cost Of Certain Street Improvements Related To The Beach Avenue Pedestrian Access And Parking Lot Improvement Project Int. No. 114 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance of $134,600 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Beach Avenue Pedestrian Access And Parking Lot Improvement Project Int. No. 115 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $65,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Beach Avenue Pedestrian Access And Parking Lot Improvement Project Int. No. 116 - Authorizing Agreements And Appropriating Funds For The Beach Avenue Pedestrian Access And Parking Lot Improvement Project Int. No. 117 - Establishing Maximum Compensation For A Professional Services Agreement For Environmental Review Services Relating To The CSXT Train Derailment Cleanup Int. No. 126 - Resolution Approving Appointments To The Rochester Environmental Commission The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation: Int. No. 97 - Authorizing Increases In The Pavement Width Of Richmond Street As A Part Of The Richmond Street Improvement Project Int. No. 98 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements Int. No. 99 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To The Merchants/Winton Road Open Space District Int. No. 100 - Continuation Of Local Improvement Ordinance No. 1340 Relating To The Lyell Avenue I Street Lighting Upgrade Project Int. No. 101 - Continuation Of Local Improvement Ordinance No. 1377 Relating To The Lyell Avenue II Street Lighting Upgrade Project Int. No. 102 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Street Lighting Special Assessment Districts Int. No. 122 - Authorizing Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project Int. No. 123 - Authorizing Increases In The Pave-

Page 84 ment Width Of Lily Street As A Part Of The Lily Street Improvement Project Int. No. 125 - Approving The Re-Opening Of Wilson Boulevard From Ford Street To The Elmwood Avenue And Additional Pavement Changes To Wilson Boulevard And Public Access Improvements To Bausch & Lomb Riverside Park

TUESDAY, APRIL 16, 2002 Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-29 Ordinance No. 2002-83 (Int. No. 94)

Int. No. 129 - Establishing Maximum Compensation For A Professional Services Agreement For The Atlantic-Woodstock Subdivision

Establishing Maximum Compensation For An Amendatory Agreement For The Lake Avenue Public Improvement Project

Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson Lois J. Giess (Voted on Int. No. 111 & Int. No. 112.) Gladys Santiago (Voted on Int. No. 111 through Int. No. 129.) PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE

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

Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-83 Re: Agreement - CSX Transportation, Inc., Lake Avenue Improvement Project R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an amendatory agreement with CSX Transportation, Inc., of Jacksonville, Florida, for additional design review and construction flagging services required for the Lake Avenue Improvement Project. The maximum cost of this agreement will be $37,080, which will be financed from anticipated state and federal reimbursements and the proceeds from a bond issue previously authorized by the City Council. The Lake Avenue project generally extends from Burley Road to the Lake Ontario State Parkway. The work, which began in the summer of 2001, is being performed by Nory Construction, Inc., at a cost of $8,985,634. The project includes reconstruction and widening of the bridge over the railroad tracks near Boxart Street. Because the project requires intrusion on the property of CSX and coordination with railroad operations, review of the project design and the provision of flagging services by CSX has been required. The original agreement for such services was authorized by the Council on July 17, 2001. The maximum cost of the agreement, $138,414, was based on an estimate prepared by CSX prior to award of the construction contract. After reviewing the actual contract schedule and work plan, CSX has indicated that additional flagging services will be required. The proposed amendatory agreement will provide for these additional services. If the amendatory agreement is approved, the total cost of the agreement with CSX will increase to $175,494.

Section 1. The sum of $37,080, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory agreement with CSX Transportation for design review and construction flagging services for the Lake Avenue Public Improvement Project. Of said amount, $1,859 shall be funded from Bond Ordinance No. 2001-233, $29,664 shall be funded from the appropriation made in Section 3 of Ordinance No. 2001-235, and $5,562 shall be funded from the appropriation made in Section 4 of Ordinance No. 2001-235. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-84 Re: Agreement - CSX Transportation, Inc., Electric Avenue Bridge Removal Project R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with CSX Transportation, Inc., of Jacksonville, Florida, for design review and construction flagging services and the provision of access to its property. The maximum cost of the agreement will be $18,000, which will be financed from the 1998-99 Cash Capital allocation of the Department of Environmental Services. The services and access will be provided for the Electric Avenue Bridge Removal Project. This pedestrian bridge, which is 170ʼ in length, was constructed in 1926 and provided access to Holleder Stadium, which was demolished in 1985, and School #40, which was converted into condominium units in 1982. Because of the demolition of the stadium and conversion of the school, it is estimated that only about 10 people presently use the bridge each day. Because of the low usage, the bridge contributes to nuisance activities within the neighborhood. Accordingly, residents of the neighborhood requested removal of the bridge. At a public informational meeting on October 4, approximately 70% of the people of the attendees indicated their support of this request. The bridge will be removed in conjunction with the Lily Street Improvement Project, which is scheduled to begin in the fall of 2002. The estimated cost of removal is $57,000. Removal of the bridge will require access to the

Page 85

TUESDAY, APRIL 16, 2002 property not only of CSX, but also of Rochester & Southern Railroad, Inc. The latter access will be provided through a license agreement between the railroad and the contractor for the project. A copy of the minutes of the public informational meeting is attached. Respectfully submitted, William A. Johnson, Jr. Mayor

16,214 16,753 13,460 9,232 2,754 7,521 $ 380 $ 300 $1,046,520 $2,256,300

Therefore, it is projected that an appropriation increase of $1,209,800 will be required. The increase will be financed from the undesignated fund balance of the Water Fund. This balance currently is $4,115,000.

Attachment No. AB-30 Ordinance No. 2002-84 (Int. No. 95) Establishing Maximum Compensation For An Agreement For The Electric Avenue Pedestrian Bridge Removal BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $18,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an agreement with CSX Transportation for design review and construction flagging services for the removal of the Electric Avenue Pedestrian Bridge. The agreement shall further authorize access to CSX property for the project. Said amount shall be funded from the 1998-99 Cash Capital Allocation. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-85 (Int. No. 96) Amending The 2001-02 Budget With Respect To Water BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2001-215, the 200102 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 $1,209,800, which amount is hereby appropriated from the Water Fund balance to fund the purchase of water from the Monroe County Water Authority. Section 2. This ordinance shall take effect immediately. Passed unanimously.

TO THE COUNCIL: Ladies and Gentlemen:

TO THE COUNCIL: Ladies and Gentlemen:

Ordinance No. 2002-85 Re: 2001-02 Budget Amendment Water Purchases

Ordinance No. 2002-86 And Ordinance No. 2002-87 Re: APCO Site Environmental Remediation

R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation increasing the 2001-02 budget of the Department of Environmental Services by $1,209,800 to provide for the purchase of additional water from the Monroe County Water Authority. 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. In most years, the City sells more water to MCWA than it purchases. However, because of recent near drought conditions, it is projected that City purchases during 2001-02 will exceed sales.

R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation relating to environmental remediation of the former APCO General Contractors site. This legislation will: 1. Authorize an amendatory agreement with The Sear-Brown Group, 85 Metro Park, for additional remediation services, at a maximum cost of $729,100; 2. Authorize the issuance of bonds totaling $182,300 and appropriate the proceeds thereof to finance a portion of this cost; and

Budget 10,714

Projected 10,800

3. Appropriate $546,800 in anticipated reimbursements from the 1996 Clean Water/Clean Air Bond Act to finance the remaining portion of the cost. The former APCO site consists of nine parcels, totaling 6.9 acres, that are located in the residential area generally bounded by E. Main Street, Atlantic Avenue, Woodstock Street and Akron Street.

275 5,225

300 5,653

Eight of the parcels were acquired through tax foreclosure proceedings. The other parcel was acquired

(million of gallons) Customer demand Sales to other communities Sales to MCWA

Total Demand City production MCWA Purchases Exchange price Purchase Cost

Page 86 through condemnation.

TUESDAY, APRIL 16, 2002 identified;

Prior to their acquisition, the parcels had been used since the 1930s by general contracting businesses. It is intended that, in the future, they be used for residential development.

4. Installation of an oxygen injection system to remove groundwater contamination;

On June 17, 1997, the City Council authorized an agreement with Sear-Brown for an environmental investigation of the site. The investigation identified surface and subsurface soil contamination, groundwater contamination, underground storage tanks, construction and demolition debris, and various other wastes.

6. Removal of asphalt paved areas;

A proposed clean-up plan was completed in 1998 and approved by the NYS Department of Environmental Conservation. This plan provides for: 1. Removal of all above- and under-ground storage tanks; 2. Excavation and removal of construction and demolition debris and contaminated soils; and 3. Design and construction of a system to treat petroleum contaminated soil and groundwater. On November 10, 1998, the Council authorized an agreement with Sear-Brown for design of the required remediation and completion of certain interim cleanup activities. Amendatory agreements for additional remediation services were authorized on August 21 and September 25, 2001. The permanent clean-up activities began in October, 2001 and are expected to be completed, as scheduled, in August, 2002. However, much greater quantities of waste than ordinarily anticipated have been determined to be present, including: 1. An additional 3,500 cubic yards of buried construction and demolition debris ($180,000); 2. An additional 2,400 cubic yards of soil contaminated by petroleum and an additional 7,000 gallons of groundwater contaminated by petroleum($70,000); 3. 190 cubic yards of asbestos that was not previously identified ($20,000); and 4. 1,600 cubic yards of soil contaminated with polynuclear aromatic hydrocarbons and heavy metals ($60,000). Because of the additional quantities, which had to be either treated on-site or excavated for off-site disposal, additional laboratory testing ($50,000) and engineering and inspection services ($49,100) have also been required. Work continued during an eight week period that was originally scheduled as a winter break. The following activities are included in the remaining portion of the clean-up plan: 1. Removal of contaminated soil from the former underground storage tank areas and the remaining contaminated surface areas; 2. Construction of the biological soil treatment unit to remove the petroleum contaminants in the soil; 3. Installation of monitoring wells in the areas of where new groundwater contamination has been

5. Validation of laboratory tests; 7. Relocation and realignment of fencing; and 8. Installation of temporary access road and grading and hydro-seeding of site. Besides the additional allocation of $579,100 required for the removal of the additional quantities of waste, a contingency allocation of $150,000 is recommended to ensure that the remaining activities can be completed. If the proposed amendatory agreement is approved, the total cost of remediation will increase to $2,099,600. Under the State bond act, the City will be eligible for reimbursement of up to 75% of the project costs. In addition, the State will indemnify the City and any subsequent owners for any future remediation costs. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-86 (Int. No. 111) Establishing $729,100 As Maximum Compensation For An Amendatory Professional Services Agreement For Environmental Remediation Of The Former APCO General Contractorʼs Site BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $729,100, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and The Sear Brown Group for environmental remediation of the former APCO general contractorʼs site. Of said amount, $546,800 is hereby appropriated from 1996 Clean Water/Clean Air Bond Act Grant Funds and $182,300 shall be funded from a bond ordinance for this purpose. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-87 (Int. No. 112) Bond Ordinance Of The City Of Rochester, New York Authorizing The Issuance Of $182,300 Bonds Of Said City To Finance The Additional Cost Of Implementing Environmental Remediation At The Former APCO Site Located Within The City At 79 Woodstock Road 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 environmental remediation of the former APCO General Contractorʼs site which is located in the center of a residential neighborhood located between East Main

Page 87

TUESDAY, APRIL 16, 2002 Street, Atlantic Avenue, Woodstock Road and Akron 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 $2,840,669, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $182,300 bonds of the City, together with the application of $435,000 bonds previously appropriated in Ordinance No. 2001-310, $151,600 bonds previously appropriated in Ordinance No. 98-405, $34,000 bonds previously appropriated in Ordinance No. 2001-269, $2,037,769 in 1996 Clean Water Clean Air Bond Act Grant Funds appropriated in Ordinances No. 98-404 and 99-321 and at this meeting, 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 $182,300 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 $182,300. 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 from prescribed by Section 81.00 of the law in “The Daily Record”, a newspaper published in Rochester, New York, having a general circulation in the City and hereby designated the official newspaper of said City for such publication. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-88, 2002-89, 2002-90, And 2002-91 Re: Port of Rochester Harbor Improvement Project R2010: Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation relating to the Port of Rochester Harbor Improvement Project. This legislation will: 1. Authorize the issuance of bonds totaling $1,344,700 and appropriate the proceeds thereof to finance a portion of the costs of the Beach Avenue pedestrian access and parking lot components of the project; Port Water Sewer Total

$1,145,100 134,600 65,000 $1,344,700

2. Appropriate a total of $1,003,374 in anticipated reimbursements from the Federal Highway Administration and Monroe County; and FHA County Total

$ 894,022 109,352 $1,003,374

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TUESDAY, APRIL 16, 2002

3. Authorize agreements with the following organizations: a. Monroe County, for receipt of the aforementioned funds, access to Ontario Beach Park, and maintenance of certain improvements, and b. LaBella Associates, 300 State Street, for resident project representation services, at a maximum cost of $230,000. The Beach Avenue pedestrian access and parking lot components of the port project include removal of the former Beach Avenue roadway east of Lake Avenue; installation of 14ʼ wide sidewalks with lighting, benches, signage and landscaping; installation of water services for maintenance and special events; and reconfiguration and reconstruction of the parking lots. Design of the improvements, by LaBella, was authorized by the City Council on July 13, 1999. Bids for construction of the improvements were received on March 19. The work will be performed by DiFiori Construction at an estimated cost of $1,972,558, which is 23% less than the engineering estimate; an additional $185,516 (10%) will be allocated for contingencies. Category

Construction Contingency Inspection Total Access/Parking/ Signage $1,809,933 $166,126 $212,415 $2,188,474 Water

113,250

Sewer

49,581

Total

$1,972,764

12,230 5,355

9,120 10,064

134,600 65,000

$185,310 $230,000 $2,388,074

The construction project will include the installation of signage for Ontario Beach Park. The County, which designed the signage, will be responsible for its maintenance after construction. The cost of construction of the improvements will be financed from the proceeds of the proposed bond issues, the anticipated reimbursements and Cash Capital allocations ($40,000). Construction is expected to begin in the spring and be completed by the fall. LaBella is recommended to provide inspection services because of its familiarity with the project. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-31 Ordinance No. 2002-88 (Int. No. 113) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $1,145,100 Bonds Of Said City To Finance The Cost Of Certain Street Improvements Related To The Beach Avenue Pedestrian Access And Parking Lot 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 removal of a portion of the Beach Avenue Roadway east of Lake Avenue and the reconstruction of the Ontario Beach parking lots as a part of the Beach Avenue Pedestrian Access and Parking Lot 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 $2,079,122, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,145,100 bonds of the City to finance said appropriation, together with an appropriation from the Federal Highway Administration in the amount of $894,022, $40,000 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 $1,145,100 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, APRIL 16, 2002 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, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. Ordinance No. 2002-89 (Int. No. 114) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $134,600 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Beach Avenue Pedestrian Access And Parking Lot 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 Beach Avenue Pedestrian Access and Parking Lot 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 $134,600, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $134,600 bonds of the City to finance said appropriation and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $134,600 are hereby authorized to be issued, pursuant to the Constitution and laws of the

Page 89 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 $134,600. 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 im-

Page 90

TUESDAY, APRIL 16, 2002

mediately, 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, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. Ordinance No. 2002-90 (Int. No. 115) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $65,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Beach Avenue Pedestrian Access And Parking Lot Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The City of Rochester, in the County of Monroe, New York (herein called “City”), is hereby authorized to finance the cost of construction and reconstruction of certain sewer improvements related to the Beach Avenue Pedestrian Access and Parking Lot Improvement Project in the City (the “Project”). The total estimated cost of said class of objects or purposes authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $65,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $65,000 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 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 $65,000 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 $65,000. 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 class of objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.4 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, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. Ordinance No. 2002-91 (Int. No. 116) Authorizing Agreements And Appropriating Funds For The Beach Avenue Pedestrian Access And Parking Lot Improvement Project BE IT ORDAINED, by the Council of the City of

Page 91

TUESDAY, APRIL 16, 2002 Rochester as follows: Section 1. The sum of $230,000, 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 Beach Avenue Pedestrian Access and Parking Lot Improvement Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $125,398 shall be funded from a Bond Ordinance for street improvements, $12,230 shall be funded from a Bond Ordinance for water improvements, $5,355 shall be funded from a Bond Ordinance for sewer improvements, $3,637 shall be funded from the 2000-01 Cash Capital Allocation and $83,380 shall be funded from the appropriation made in Section 2. Section 2. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $894,022, or so much thereof as may be necessary, to fund construction and construction inspection services for the Beach Avenue Pedestrian Access and Parking Lot Improvement Project. Section 3. The Mayor is hereby authorized to enter into an agreement with the County of Monroe for construction access and maintenance of improvements as a part of the Beach Avenue Pedestrian Access and Parking Lot Improvement Project, and for funding for signage. Section 4. There is hereby appropriated from anticipated reimbursements from the County of Monroe the sum of $109,352, or so much thereof as may be necessary, to fund signage for the Beach Avenue Pedestrian Access and Parking Lot Improvement Project. Section 5. The 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-92 Re: Agreement - LaBella Associates, CSXT Derailment Environmental Remediation R2010: Campaign 4 - Environmental Stewardship

contained acetone and one of which contained methylene chloride - also derailed. Approximately 14,100 gallons of acetone and 16,000 gallons of methylene chloride were spilled. The City property at 490 River Street and the public rightof-way, along with several private properties, were contaminated. An environmental investigation of the derailment site was conducted for CSXT by IT Corporation and a proposed Interim Remedial Measure plan was prepared. This plan did not adequately delineate the extent of the contamination and did not address contamination along the riverbank. Accordingly, LaBella - which has been involved in the port development project pursuant to an agreement authorized by the City Council on July 13, 1999 - was requested to perform a supplemental investigation of the site. This investigation revealed: 1. Soil and groundwater contamination in areas in which CSXT had not performed testing; 2. Areas with high levels of surface soil contamination, from which the public would have to be restricted; and 3. High levels of contamination in areas along the riverbank, in which no remediation had been planned by CSXT. As a result of this investigation, the NYS Department of Environmental Conservation instructed CSXT to revise its work plan to address these findings. CSXT subsequently executed a Voluntary Clean-Up Agreement that provides for the removal of at least 15,000 tons of contaminated soil, backfill and compaction of new soil, and the testing and, if necessary, remediation of river sediments. Remediation of the soil is expected to require at least 10-15 weeks. Under the proposed agreement, LaBella will monitor remediation activities on City property. It will: 1. Visit the site daily to observe and document cleanup activities; 2. Collect soil and groundwater samples for laboratory analysis; 3. Observe backfilling of soil and review compaction test results; 4. Review CSXT and DEC confirmation test results; 5. Document the adequacy of the cleanup and identify any deviations from the remediation plan that could affect future development in the area.

Transmitted herewith for your approval is legislation authorizing an agreement with LaBella Associates, 300 State Street, for services related to the environmental remediation by CSX Transportation of the hazardous materials spilled during the recent train derailment on River Street. The maximum cost of this agreement will be $116,000, which will be financed from the 2000-01 Cash Capital allocation of the Department of Environmental Services.

Because of extent of the contamination and the possibility that remediation of river sediments may be necessary, an amendatory agreement with LaBella for additional services may be required in the future.

As you are aware, the derailment occurred on December 23, 2001. It involved 27 of the 43 railroad cars included in the train and two engines.

Attachment No. AB-32

Most of the cars that derailed contained coal. However, three 20,000 gallon tanker cars - two of which

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-92 (Int. No. 117)

Page 92

TUESDAY, APRIL 16, 2002

Establishing Maximum Compensation For A Professional Services Agreement For Environmental Review Services Relating To The CSXT Train Derailment Cleanup BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $116,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and LaBella Associates, P.C. for environmental review services relating to the CSXT train derailment cleanup in Charlotte. 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 Gentlemen: Ordinance No. 2002-93 Re: Pavement Width Change Richmond Street R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the following changes in the pavement width of Richmond Street: 1. An increase of 4ʼ, from 26ʼ to 30ʼ, from Pitkin Street to a point 75ʼ east of E. Main Street; and 2. A taper, from 30ʼ to 26ʼ, from the latter point to E. Main Street. The changes in pavement width are required by the Richmond Street Improvement Project, which was designed by Passero Associates under an agreement authorized by the City Council on September 15, 1999 and amended on November 20, 2001. The changes are designed to facilitate traffic flow on the street.

TO THE COUNCIL: Ladies and Gentlemen: Resolution No. 2002-10 Re: Appointment - Rochester Environmental Commission R2010: Campaign 4 - Environmental Commission

The changes will occur within the existing right-ofway. The acquisition of adjacent properties will not be necessary.

Transmitted herewith for your approval is legislation confirming the appointment of Rosemary Jonientzz, 14 Priem Street, and Thomas Tuori, 788 East Avenue, to the Rochester Environmental Commission.

Besides the changes in pavement width, the project includes the reconstruction of the pavement; installation of new water mains, services and hydrants; replacement of catch basins, curbs, driveway aprons, street lights, and sidewalks; and landscaping.

They will replace Joanne Jacobs and Richard Shearman, who no longer are city residents. Their terms will extend through April 30, 2005.

Construction of the project is scheduled to begin in the summer and be completed in the fall. The estimated cost of construction is $257,400.

Copies of their resumes are on file in the Office of the City Clerk. Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2002-10 (Int. No. 126) Resolution Approving Appointments To The Rochester Environmental Commission

Improvement

Estimated Cost

Street $156,900 Water 84,000 Sewer 14,300 Traffic 2,200 Total $257,400 These costs will be financed from existing Cash Capital allocations, the proceeds of bond issues previously authorized by the Council and anticipated reimbursements from Monroe County.

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

A public informational meeting concerning the project was held on March 5. A copy of the minutes of this meeting is attached.

Section 1. The Council hereby approves the appointments of the following persons to the Rochester Environmental Commission for terms which shall expire on the following dates:

The changes in pavement width were endorsed by the Traffic Control Board on March 19. A public hearing on the changes is required.

Rosemary Jonientzz 14 Priem Street

April 30, 2005

Respectfully submitted, William A. Johnson, Jr. Mayor

Thomas Tuori 788 East Avenue

April 30, 2005

Attachment No. AB-33

They will replace Joanne Jacobs and Richard Shearman, whose terms have expired.

Ordinance No. 2002-93 (Int. No. 97)

Section 2. This resolution shall take effect immediately.

Authorizing Increases In The Pavement Width Of Richmond Street As A Part Of The Richmond Street Improvement Project

Adopted unanimously.

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

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TUESDAY, APRIL 16, 2002 Section 1. The Council hereby approves an increase of 4 feet in the pavement width of Richmond Street, from 26 feet to 30 feet, from Pitkin Street to a point 75 feet east of East Main Street, and a taper from 30 feet to the existing 26 feet from the latter point to East Main Street, as a part of the Richmond Street Improvement Project.

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.

Section 2. Such changes and additional changes as a part of the Richmond Street 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 district includes nine properties. The cost of maintenance is apportioned among these properties based upon the front footage of the properties.

Section 3. This ordinance shall take effect immediately. TO THE COUNCIL: Ladies and Gentlemen:

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.

Local Improvement Ordinance No. 1500 And Local Improvement Ordinance No. 1501 Re: Special Assessment Districts

In 2001, special benches and a clock were also installed in the district. The increase in the budget reflects the additional maintenance associated with those enhancements.

R2010: Campaign 7 - Quality Service

The district includes 29 properties. The cost of maintenance is apportioned among these properties based upon the front footage of the properties.

Passed unanimously.

Transmitted herewith for your approval is legislation establishing the 2002-03 budgets for the following special assessment districts: District Merchants/Winton Road Open Space Norton Street Urban Renewal Cascade Historic

2002-03 2001-02 Variance $ 500

$ 500

2,815 3,500

2,815 2,960

$

0

0 540

Merchants/Winton Road The Merchants/Winton Road 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 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 an interest rate of 5%, or at about $2,720 per year, which is added to the maintenance cost. The total charges are 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 streets from the triangular area. The charges for properties within the first group are based upon total assessed values, while the charges for properties within the second group are based upon two-thirds of their assessed values.

Cascade

A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Local Improvement Ordinance No. 1500 (Int. No. 98) Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Special Assessment Districts For Streetscape Enhancements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following amounts are hereby established and the new assessments shall be allocated and levied against the benefited properties in accordance with the applicable local improvement ordinances for the operation and maintenance of special assessment districts for streetscape enhancements during 200203: Streetscape District

Amount

LIO

Cascade Historic Norton Street Urban Renewal

$3,500.00 2,815.00

1430 1421

Section 2. This ordinance shall take effect on July 1, 2002. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. Local Improvement Ordinance No. 1501 (Int. No. 99) Local Improvement Ordinance - Establishing

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TUESDAY, APRIL 16, 2002

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 2002-03 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, 2002. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0.

Local Improvement Ordinance No. 1502, Local Improvement Ordinance No. 1503, And Local Improvement Ordinance No. 1504 Re: Street Lighting Districts Transmitted herewith for your approval is legislation relating to eight street lighting districts. 1. Approve the continuation of the Lyell Avenue I and Lyell II districts for an additional 15 years; and 2. Approve the appropriations and assessments for the eight districts. 2001-02

Wilson Boulevard 8.21 Lyell Avenue I 8.85 Lyell Avenue II 35.81 Monroe I 8.36 Monroe II 2.22 Cascade Dr./ Washington St. 2.52 Norton Street 5.93 Lake Avenue

$ 523.85 $ 532.06 2,105.41

2,096.56

2,310.36

2,274.55

1,379.20

1,370.84

601.19

598.97

1,544.20

1,541.68

1,306.09

1,300.16

3,906.08

3,906.08

The Wilson Boulevard district, which includes only 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. 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 intersections.

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.

R2010: Campaign 7 - Quality Service

2002-03

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.

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.

TO THE COUNCIL: Ladies and Gentlemen:

District

and Norton).

Variance $

The proposed legislation will extend the term of these districts for an additional 15 years. The Monroe Avenue districts were established by the Council on March 18, 1998. The first district includes 102 properties along the portion of Monroe Avenue between the Inner Loop and Interstate 490, while the second district includes 68 properties along the portion of Monroe Avenue between Interstate 490 and Culver Road. The enhancements on the Monroe Avenue districts included pole fluting and the installation of pedestrian level lighting fixtures and banner brackets. The Cascade/Washington district was established by Council on February 17, 1999. It includes 29 properties along Cascade Street and Washington Street from W. Main Street to the north end. The enhancements included a post top ornamental system. The Norton district was established by Council on May 12, 1998. It includes nine properties within the 14621 Industrial Park. The enhancements include pedestrian level lighting fixtures on Excel Drive and the retention of acorn fixtures on the north side of Norton Street.

.00

The districts were established to either enhance lighting levels and thereby improve security and safety in the affected area or enhance aesthetic appearance. The costs of the original enhancements were financed by the University of Rochester (Wilson Boulevard); Community Development Block Grants funds (Lyell I and II); City funds (Monroe I and II and Lake Avenue) and federal funds (Cascade/Washington

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 consisted of 26 post top 100-watt lights and 25/100-watt pedestrian lights mounted on the roadway poles. Public hearings are required. Respectfully submitted, William A. Johnson, Jr. Mayor

Page 95

TUESDAY, APRIL 16, 2002 Local Improvement Ordinance No. 1502 (Int. No. 100) Continuation Of Local Improvement Ordinance No. 1340 Relating To The Lyell Avenue I Street Lighting Upgrade Project WHEREAS, by Local Improvement Ordinance No. 1340, the City provided for the levying of local improvement assessments to fund the cost of special work and services related to the Lyell Avenue I Street Lighting Upgrade Project; and WHEREAS, the Council desires to continue said Local Improvement Ordinance for an additional period of fifteen years. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Local Improvement Ordinance No. 1340, relating to the levying of local improvement assessments to fund the cost of special work and services related to the Lyell Avenue I Street Lighting Upgrade Project, is hereby re-enacted for an additional period of fifteen years, commencing on July 1, 2002. Section 2. This ordinance shall take effect immediately.

(Int. No. 102) 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 200203: Street Lighting District Wilson Boulevard Lyell Avenue I Lyell Avenue II Monroe Avenue I Monroe Avenue II Cascade Historic Norton Street Urban Renewal Lake Avenue

Amount

LIO

$ 523.85 2,105.41 2,310.36 1,379.20 601.19 1,544.20

1374 Pending Pending 1413 1412 1429

1,306.09 3,906.08

1422 1472

Passed by the following vote:

Section 2. This ordinance shall take effect on July 1, 2002.

Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7.

Passed by the following vote:

Nays - None - 0. Local Improvement Ordinance No. 1503 (Int. No. 101) Continuation Of Local Improvement Ordinance No. 1377 Relating To The Lyell Avenue II Street Lighting Upgrade Project WHEREAS, by Local Improvement Ordinance No. 1377, the City provided for the levying of local improvement assessments to fund the cost of special work and services related to the Lyell Avenue II Street Lighting Upgrade Project; and WHEREAS, the Council desires to continue said Local Improvement Ordinance for an additional period of fifteen years. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Local Improvement Ordinance No. 1377, relating to the levying of local improvement assessments to fund the cost of special work and services related to the Lyell Avenue II Street Lighting Upgrade Project, is hereby re-enacted for an additional period of fifteen years, commencing on July 1, 2002. Section 2. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. Local Improvement Ordinance No. 1504

Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Stevenson, Thompson - 7. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-94 Re: Pavement Width Change - Rundel Park R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an increase of 1ʼ, from 15ʼ to 16ʼ, in the width of the pavement on each side of the median on Rundel Park, from University Avenue to Upton Court. The increase reflects concerns of residents about the narrowness of the street, which results in cars mounting curbs and rutting the median and in frequent damage to parked cars. Besides the increase in pavement width, the project will include the replacement of curbs, driveway aprons and street lights, and landscaping. The plan for replacement of the curbs provides for the installation of mountable curbs along the median with a 1.5ʼ strip of concrete or other material behind the curb. The plan for replacement of the street lights provides for the removal of the existing concrete poles on the median and the installation of new concrete poles with commercial harp light fixtures. Three trees on the median will be removed. Both the Rochester Environmental Commission and Rochester Preservation Board reviewed the project plan. The REC recommended that the three trees be replaced and that the new light fixtures be consistent with the character of the neighborhood. The RPB

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recommended that a standard, rather than mountable, curb be installed and that salvaged historic harp fixtures, if available, be used. The RPB will be requested to reconsider its recommendation concerning the mountable curbs at its meeting on May 1, since an alternate material will be substituted for the concrete strip. A majority of the property owners on the street have agreed in concept to the establishment of a special assessment district to finance the incremental costs of the new street lights. After bids for construction of the project are received and the actual cost of the new lights is known, a formal petition of support for the district will be circulated.

2. An increase of 10ʼ, from 18ʼ to 28ʼ, from Flower City Park to Ridgeway Avenue. The increases will be included in the Lily Street Improvement Project, which was designed by the Bureau of Architecture and Engineering Services. They are intended to improve traffic flow and facilitate street cleaning and snow removal operations.

Public informational meetings concerning the project were held on August 22, 2000 and February 26, 2002. Copies of the minutes of these meetings are attached.

Besides the increases in pavement width, the project will include the reconstruction of the pavement; installation of a new water main from Electric to Ridgeway Avenue and new water services and hydrants; installation of curbs and a sidewalk on one side of the street; replacement of catch basins and driveway aprons; and landscaping. The sidewalk, which will be on the east side of the street from Ridgeway Avenue to Flower City Park and on the west side from the latter point to Magee Avenue, is intended to accommodate anticipated changes in pedestrian traffic that will result from the demolition of the Electric Avenue bridge (Introductory 95).

The Traffic Control Board endorsed the increase in pavement width on April 2. A public hearing on the increase is required.

Construction of the project is expected to begin in the summer and be substantially completed in the fall. The estimated cost of the project is $611,400.

Construction of the project is scheduled to begin in the summer and be completed in the fall.

Respectfully submitted, William A. Johnson, Jr. Mayor

Improvement

Attachment No. AB-34 Ordinance No. 2002-94 (Int. No. 122) Authorizing Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of one foot in the pavement width of Rundel Park on either side of the median, from 15 feet on either side of the median to 16 feet, from University Avenue to Upton Court, as a part of the Rundel Park Public Improvement Project. Section 2. Such changes and additional changes as a part of the Rundel Park Public Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans.

Street Water Sewer Traffic Total

Estimated Cost $452,700 116,100 34,700 7,900 $611,400

This cost will be financed from the proceeds of street and sewer bonds previously authorized by the City Council, Cash Capital allocations of the Department of Environmental Services, and anticipated reimbursements from Monroe County. Public informational meetings concerning the project were held on February 5 and April 1. Copies of the minutes of these meetings are attached. The Traffic Control Board will consider the proposed increases in pavement width on April 16. A public hearing on the increases is required. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Curran moved to have Introductory No. 123 returned to committee.

Section 3. This ordinance shall take effect immediately.

The motion was seconded by Councilmember Mains.

Passed unanimously.

The motion was adopted unanimously.

TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 123 Re: Pavement Width Change - Lily Street R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the following changes in pavement width on Lily Street: 1. An increase of 6ʼ, from 18ʼ to 24ʼ, from Magee Avenue to Flower City Park, and

Introductory No. 123 AUTHORIZING INCREASES IN THE PAVEMENT WIDTH OF LILY STREET AS A PART OF THE LILY STREET IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 6 feet in the pavement width of Lily Street, from 18 feet to 24 feet, from Magee Avenue to Flower City Park, and an increase of 10 feet, from 18 feet to

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TUESDAY, APRIL 16, 2002 28 feet, from Flower City Park to Ridgeway Avenue, as a part of the Lily Street Improvement Project. Section 2. Such changes and additional changes as a part of the Lily Street Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Returned to committee. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-95 Re: Bausch & Lomb Riverside Park R2010: Campaign 4 - Environmental Stewardship Transmitted herewith for your approval is legislation authorizing the construction of various improvements by the University of Rochester affecting Bausch & Lomb Riverside Park. On June 19, 1990, the City Council authorized the abandonment of Wilson Boulevard. On portions of the former roadway, the pavement was removed and bollards were installed to prevent access; on other portions, the former roadway became a park roadway. The Council also authorized an agreement with the U. of R. for the operation and maintenance of the riverside park. Under the provisions of this agreement, the university is permitted to make improvements to the park if the improvements are (1) consistent with public use of the park and (2) approved by the City. The university is planning to re-open Wilson Boulevard. In conjunction with the re-opening, it proposes the following improvements: 1. Construction of a 20ʼ wide landscaped median, from Intercampus Drive to Library Road; 2. Realignment of parking spaces, from perpendicular to the roadway to parallel to the roadway; 3. Construction of a 6-8 space parking lot; 4. Construction of raised crosswalks and curb bump-outs; 5. Installation of new sidewalks on the west side of the roadway between Hutchinson Road and Alumni Road; 6. Installation of signage; and 7. Cleaning of undergrowth along the riverbank. Construction of the improvements are expected to be completed within four to six months. The construction of the median will increase greenspace within the park by 1.1 acres. The realignment of parking will decrease the number of available spaces by 99. The Planning Commission held an informational meeting concerning the proposed improvements on March 11. The Commission recommended by a vote of 7-1 that the improvements be approved. 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 improvements will not have any significant effects. A negative declaration has been issued. A public hearing is required, Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-35 Ordinance No. 2002-95 (Int. No. 125) Approving The Reopening Of Wilson Boulevard From Ford Street To Elmwood Avenue And Additional Pavement Changes To Wilson Boulevard And Public Access Improvements To Bausch & Lomb Riverside Park BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves improvements to Bausch & Lomb Riverside Park as proposed by the University of Rochester and approved by the Planning Commission at its meeting of March 11, 2002 as consistent with the permitted uses by the public of Bausch & Lomb Riverside Park. The Council specifically approves the construction of a 20 foot wide median in Wilson Boulevard from Intercampus Drive to Library Road, a change to parallel parking along Wilson Boulevard, the use of traffic calming elements, and the re-opening of Wilson Boulevard to through traffic from Ford Street to Elmwood Avenue. Section 2. The Commissioner of Parks, Recreation and Human Services is authorized to approve the park improvements. Roadway and sidewalk improvements shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-96 Re: Agreement - Sear-Brown Group, Atlantic-Woodstock Subdivision R2010: Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an agreement with The Sear-Brown Group, 85 Metro Park, for site design of the proposed Atlantic-Woodstock subdivision. The maximum cost of this agreement will be $100,000, which will be financed from the 2000-01 Cash Capital allocation. The subdivision will be created on the former APCO site, which contains approximately 6.9 acres of land. The site currently is being remediated for environmental contamination (Introductories 111 and 112). The proposed subdivision is projected to contain 31 single-family houses. Under the proposed agreement, Sear-Brown will design the infrastructure improvements required for these houses.

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These improvements will include a new street with a cul-de-sac, water and sewer mains, curbs, catch basins, street lights, sidewalks, driveway aprons and landscaping. Construction of the utilities is expected to begin in the fall of 2002, while construction of the street is expected to begin in the spring of 2003 and be completed in the fall of 2003. The estimated cost of construction is $900,000. Sear-Brown is recommended to provide the design services because of its familiarity with the site. It is currently managing the environmental remediation. Respectfully submitted, William A. Johnson, Jr. Mayor

And 2000-01 Community Development Program Plans To Transfer Funds To The Good Grades Pay And Job Creation/Youth Development Accounts Respectfully submitted, Benjamin L. Douglas Robert J. Stevenson Tony M. Thompson Gladys Santiago (Abstained vote on Int. No. 127 & Int. No. 128.) PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen:

Attachment No. AB-36 Ordinance No. 2002-96 (Int. No. 129) Establishing Maximum Compensation For A Professional Services Agreement For The AtlanticWoodstock Subdivision BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No. 2002-97 Re: Agreements - 2002 Summer Food Service Program R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation relating to the 2002 Summer Food Service Program for children. This legislation will authorize agreements with:

Section 1. The sum of $100,000, 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 engineering services for the Atlantic-Woodstock Subdivision. Said amount shall be funded from the 2000-01 Cash Capital Allocation.

1. The NYS Department of Education for the receipt and use of such funds as may be allocated to the City for the 2002 program; and

Section 2. This ordinance shall take effect immediately.

The Summer Food Service Program is designed to provide free meals during the summer to children 18 years of age and younger. Persons over age 18 who are determined by a state or local educational agency to be mentally and physically disabled, and who participate 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.

Passed unanimously. By Councilmember Douglas April 16, 2002 To the Council: The Public Safety, Services & the Arts Committee recommends for adoption the following entitled legislation: Int. No. 103 - Authorizing An Application And Agreements For The 2002 Summer Food Service Program For Children Int. No. 104 - Amending The 2001-02 Budget With Respect To Emergency Preparedness Training Equipment Int. No. 105 - Authorizing An Agreement For The Southwest Arts & Cultural Center Project Int. No. 118 - Establishing Maximum Compensation For An Amendatory Agreement For The 2002 MusicFest The Public Safety, Services & the Arts Committee recommends for consideration the following entitled legislation: Int. No. 127 - Authorizing Applications And Agreements Relating To The 2002 Good Grades Pay Program Int. No. 128 - Authorizing Amendatory 1999-2000

2. The City School District for preparation and delivery of the breakfasts and lunches to be provided under the program.

The City School District has certified that more than 50% of its total enrollment is eligible for free or reduced price school meals. As a result, all areas of the city are eligible for the program. Since 1976, the program has been administered by the Department of Parks, Recreation and Human Services. Meals have been prepared and are delivered to the program sites by the City School District. Until 1993, the program provided only lunches. In 1993, the provision of breakfast at selected sites began. In 1994, breakfasts were extended to all sites. Following is a summary of participation in both aspects of the program during the past 10 years. Year 2001 2000 1999 1998 1997 1996 1995 1994 1993

Lunch Average Daily Total No. of Meals Participation Reimbursable 3,536 4,083 4,347 4,403 4,773 4,300 3,847 3,407 3,002

155,596 179,647 191,248 193,751 200,447 189,221 169,245 149,918 132,097

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TUESDAY, APRIL 16, 2002 1992 1991 1990 Year 2001 2000 1999 1998 1997 1996 1995 1994 1993

3,330 3,010 3,113

136,661 102,340 99,640

Breakfast Average Daily Total No. of Meals Participation Reimbursable 1,666 2,067 2,169 2,182 2,369 2,005 1,510 1,202 560

73,307 90,976 95,412 96,014 99,514 88,238 66,457 53,307 24,837

The decrease in participation is attributable to: 1. An increase of 20,000 breakfasts and 5,000 lunches delivered directly to summer school sites;

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 $429,250, 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, 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. Passed unanimously.

2. A reduction in the number of sites resulting from a lack of volunteers;

TO THE COUNCIL: Ladies and Gentlemen:

3. Renovation during the summer of several recreation sites, resulting in decreased abundance; and

Ordinance No. 2002-98 Re: 2001-02 Budget Amendment Domestic Preparedness Program

4. Improved monitoring and inspection.

R2010: Campaign 3 - Health, Safety and Responsibility

In 2002, the program will operate at approximately 100 sites for 44 days (June 24 through August 23), the same number of days as last yearʼs program. The selection of the specific sites will be based on their proximity to summer youth employment and other human services projects, and the past performance of the sites with the food services program. The City School District will again prepare and deliver meals for the program, at the following unit costs: Breakfast Lunch

2001 Costs $1.02 1.97

2002 Costs $1.05 2.00

USDA 2002 Guideline $1.32 2.30

Provision for the Summer Food Service Program will be included in the revenue estimates and appropriations of the 2002-03 budget of DPRHS. A grant of $493,250 is anticipated, based upon a projected total of 85,000 breakfasts and 170,000 lunches. This total also includes $54,000 for administrative costs and $10,000 for refuse collection. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-97 (Int. No. 103) Authorizing An Application And Agreements For The 2002 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 2002 Summer Food Service Program For Children.

Transmitted herewith for your approval is legislation increasing the 2001-02 Cash Capital allocation of the Fire Department by $135,000. The increase will be financed from a grant to be provided by the U.S. Department of Justice under the Domestic Preparedness Program. The program is intended to enhance the capacity of municipalities to respond to incidents of terrorism involving weapons of mass destruction. The grant to Rochester will total $280,000 and will be used for acquisition of the following types of equipment: Detection equipment Personal protection equipment Decontamination equipment Total

$136,486 117,814 25,700 $280,000

The detection equipment will include multigas meters, photoionization detectors, radiation detector kits and weather stations. The personal protection equipment will include suits, gloves, boots, and breathing apparatus. The decontamination equipment will include showers and shelters. The proposed budget amendment reflects the amount of the grant expected to be expended during 2001-02. The remaining amount of the grant will be included in the proposed 2002-03 budget. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-98 (Int. No. 104) Amending The 2001-02 Budget With Respect To Emergency Preparedness Training Equipment BE IT ORDAINED, by the Council of the City of Rochester as follows:

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Section 1. Ordinance No. 2001-215, the 2001-02 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 $135,000, which amount is hereby appropriated from funds received from the Department of Justice under the National Defense Authorization Act for emergency preparedness training equipment. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-99 Re: Agreement - SWAN, Southwest Arts and Cultural Center R2010: Campaign 11 - Arts and Culture Transmitted herewith for your approval is legislation authorizing an agreement with the Southwest Area Neighborhood Association, 275 Dr. Samuel McCree Way, for conduct of a study of the feasibility of an arts and cultural center in the southwest sector of the city. The maximum cost of the agreement will be $25,000, which will be financed from the General Community Needs allocation of the 2000-01 Community Development Block Grant. A description and budget for the study is attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-37 Ordinance No. 2002-99 (Int. No. 105) Authorizing An Agreement For The Southwest Arts & Cultural Center Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Southwest Area Neighborhood Association for the Southwest Arts & Cultural Center Project. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $25,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs allocation of the 2000-01 Community Development Program.

R2010: Campaign 11 - Arts and Culture Transmitted herewith for your approval is legislation authorizing an amendatory agreement with the Rochester Broadway Theatre League for additional services relating to the 2002 MusicFest. The maximum cost of this agreement is $135,000, which will be financed from the MusicFest Trust Fund. The 2002 MusicFest will represent the eighth annual event. RBTL has been involved with the Fest since 1997, when it assumed responsibility for site logistics; in 2000, it also assumed responsibility for talent booking. The 2002 Fest will be held July 14-21 at various locations throughout the city and culminate at Genesee Valley Park on July 20 and 21. The original agreement with RBTL for the provision of services for this Fest was authorized by the City Council on December 18, 2001. Under the proposed amendatory agreement, additional allocations will be provided for music production and a performance by Garth Fagan Dance. Actual 2001

Original Proposed 2002 2002

Music Production $384,952 $385,000 $485,000 Garth Fagan Dance 0 0 35,000 Site Management 139,784 140,000 140,000 Concessions 36,893 35,000 35,000 Finance/ Administration 20,942 22,000 22,000 Marketing 81,162 90,000 90,000 Total $663,733 $672,000 $807,000 The additional allocations are intended to permit the booking of more popular artists, to provide an additional entertainment form, and to increase attendance. As indicated, if the amendatory agreement is approved, the total cost of the agreement with RBTL will increase to $807,000. The present balance of the MusicFest Trust Fund is $315,172. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-100 (Int. No. 118) Establishing Maximum Compensation For An Amendatory Agreement For The 2002 MusicFest BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously.

Section 1. The sum of $135,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory professional services agreement between the City and the Rochester Broadway Theatre League to provide talent booking, logistical management, ticket operations and marketing for the 2002 Rochester MusicFest. Said amount is hereby appropriated from the MusicFest Trust Fund.

TO THE COUNCIL: Ladies and Gentlemen:

Section 2. This ordinance shall take effect immediately.

Ordinance No. 2002-100 Re: Agreement - RBTL, 2002 MusicFest

Passed unanimously.

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.

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TUESDAY, APRIL 16, 2002 TO THE COUNCIL: Ladies and Gentlemen:

for 73 youth:

Ordinance No. 2002-101 And Ordinance No. 2002-102 Re: Good Grades Pay Program R2010: Campaign 2 - Educational Excellence Transmitted herewith for your approval is legislation relating to the 2002 Good Grades Pay Program. This legislation will: 1. Authorize agreements with nine organizations for participation in the program; 2. Authorize agreements with the following organizations for the provision of services for the program: City School District Arthur Brown Utchat Vision

$145,733 10,000 7,317

3. Appropriate $126,617 from the General Community Needs allocation of the 1999-00 Community Development Block Grant to finance a portion of the costs of these agreements. The remaining costs of the agreements providing for participation in the program and the costs of the agreement with Utchat will be financed from the 2001-02 and 2002-03 budgets of the Department of Parks, Recreation and Human Services. The Good Grades Pay Program, which was initiated in 1996, provides middle or high school students between the ages of 14-21 with summer work experience or vocational exploration or academic enrichment opportunities. To be eligible to participate in the program, a student is required to have a grade point average of at least 2.0, an attendance rate of at least 90%, and no long-term suspensions during the school year.

Teens on Patrol Community Conservation Corps Junior Recreation Leader

30 youth 30 13

The City School District will provide payroll processing and check distribution services for the Cityʼs programs. Arthur Brown, a former youth employment counselor with the Service Corps, will again provide job development and worksite monitoring services. Utchat (principal: Clifford Collier), which provided video production services for program during 2001, will again provide such services during 2002. Under the proposed agreement, it will: 1. Provide a five-week, workshop, three times a week in which a minimum of 12 students produce a 15-20 minute video on job readiness; and 2. Publicly present the video at the awards ceremony. The fees for such services will be as follows: Pre-production (maximum of 10 hours) Production (20) Post-production Digital Editing (20) Other

$25 per hour $50 $105 $25-50

If the proposed amendatory agreement is approved, the total cost of the agreement with Utchat will increase to $14,247. The appropriation of CDBG funds will require amendment of the 1999-00 and 2000-01 CDBGs. A public hearing on these amendments is required. Respectfully submitted, William A. Johnson, Jr. Mayor

In 2001, the following components were added to the program:

Ordinance No. 2002-101 (Int. No. 127)

1. Good Grades Pay Prep, which provides a vocational exploration opportunity to eligible youth who attend summer school;

Authorizing Applications And Agreements Relating To The 2002 Good Grades Pay Program

2. Good Grades Pay Plus, which provides work experience for 30 youth who have a 3.0 GPA and attendance rate of at least 95%; and 3. Monroe Community College/National Youth Sports Program, which provides work experience as counselors for 10 eligible youth at the summer sports camp at MCC. The costs of the program are financed by the City or private companies. Proposals for the use of the City funds were solicited by DPRHS from 105 organizations and individuals. Thirteen proposals were received. These proposals were evaluated based on cost effectiveness, past performance and the amount of funds available. Eight projects with total costs of $272,500 were approved. It is expected that these projects will provide employment opportunities for 209 youth. In addition, the following City projects will provide opportunities

BE IT ORDAINED, by the Council of the City of Rochester as follows: 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 2002 Good Grades Pay Program: Program

Total

Action for a Better Community $ 34,450 American Red Cross 31,791 Arts & Cultural Council 55,137 Baden Street Settlement 39,733 Catholic Family Center 39,000 Church of Love 37,200 Ibero American Action League 31,389 Monroe Community College 18,837 Rochester City School District 145,773 Rochester City School District Law Prep. 3,800 Undesignated-Job Development Services 10,000

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Section 2. The agreements shall obligate the City to pay an amount not to exceed $447,110, and of said amount, or so much thereof as may be necessary, $283,957 shall be funded from the 2002-03 Budget of the Department of Parks, Recreation and Human Services, contingent upon approval of said budget, $36,536 shall be funded from the 2001-02 Budget of the Department of Parks, Recreation and Human Services, and $126,617 is hereby appropriated from the General Community Needs Allocation of the 1999-2000 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, Stevenson, Thompson - 6. Nays - None - 0. Councilmember Griswold abstained vote because she is an employee of one of the affiliating agencies. Ordinance No. 2002-102 (Int. No., 128) Authorizing Amendatory 1999-2000 And 200001 Community Development Program Plans To Transfer Funds To The Good Grades Pay And Job Creation/Youth Development Accounts BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an amendment to the 1999-2000 Community Development Program Plan whereby within the General Community Needs Allocation the Service Learning Institute/ASK Account shall be reduced by the sum of $75,000 and the CHANGE Account shall be reduced by the sum of $68,000, and of said amounts, $126,600 shall be transferred to the Good Grades Pay Account and $16,400 shall be transferred to the Job Creation/Youth Development Account. Section 2. The Council hereby further approves an amendment to the 2000-01 Community Development Program Plan whereby within the General Community Needs Allocation the Homeless Population Study Account shall be reduced by the sum of $50,000 and said amount shall be transferred to the Job Creation Support/Youth Development Account. Section 3. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Norwood April 16, 2002 To the Council: The Housing and Community Development Committee recommends for adoption the following entitled legislation: Int. No. 106 - Authorizing The Sale Of Real Estate

Int. No. 119 - Authorizing Agreements For Fair Housing The Housing and Community Development Committee recommends for Consideration the following entitled legislation: Int. No. 108 - Establishing A Moratorium On Applications For Amendments To The Zoning Ordinance And Map The following entitled legislation is being held in committee: Int. No. 107 - Approving Continuation Of The Asset Control Area Partnership Program Int. No. 124 - Changing The Zoning Classification Of 420 Westfall Road From R-3 Low-Medium Residential To R-3/O-O Low-medium Residential/Overlay Office Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Nancy K. Griswold Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-103 Re: Real Estate Sales R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of 15 properties. The first property, 2-4 Trenaman Street, was included in the public auction of May 14, 2001, subject to approval of the development proposal. The property will be rehabilitated as a four-unit structure. The next three properties - 568 and 574 S. Goodman Street and 4019 Lake Avenue - will be sold to their former owners. The purchase prices include all delinquent taxes, interest and penalties. The next property, 465 Colvin Street, was included in the homesteading lottery of November 13, 2001 and will be sold for $1.00. The purchaser will be required to rehabilitate the structure within 18 months of the conditional closing and to occupy it for a minimum of five years. The next two properties, 126 Webster Avenue and 4 N. Madison Park, are vacant lots and will be sold at their appraised values. The first property will be developed by North East Area Development as a parking lot for use in conjunction with the planned day care facility and art center at 86-90 Webster Avenue. The second property will be developed by Flower City Habitat for Humanity as a single-family house, which will be sold to a family with an income of less than 80% of the median income of the metropolitan statistical area. The last eight properties are considered unbuildable because of their size. They will be sold for $1.00 to the owners of adjacent properties and combined with those properties.

Page 103

TUESDAY, APRIL 16, 2002 Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-38 Ordinance No. 2002-103 (Int. No. 106) 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 parcel of improved property with proposal by regular auction: Address S.B.L.#

Price

Purchaser

2-4 Trenaman St. 091.70-2-1

$1,800

Joseph Potocki

Section 2. The Council further approves the sale of the following parcels of improved property to former owners: Address S.B.L.#

Price

568 Goodman St. S. 121.66-1-42 574 Goodman St. S. 121.66-1-41 4019 Lake Ave. 061.21-1-77

$ 8,227.84 Janeen A. Welch 7,759.72 Janeen A. Welch 17,983.35 Patricia A. Burr

Purchaser

Section 3. The Council further approves the sale of the following parcel of improved property through the Homesteading Lottery for the sum of $1.00: Address

S.B.L.#

Purchaser

465 Colvin St. 105.81-2-51 Michelle Duhart Section 4. The Council further approves the negotiated sale of the following parcels of vacant land with proposal: Address S.B.L.#

Price Purchaser

126 Webster Ave. 106.68-2-10.1

$2,000 Northeast Area Development, Inc.* 4 North Madison Park 525 120.36-01-8 Flower City Habitat for Humanity ** *

Officers: Rev. Robert Morgan, Ann Paige, Ken Graci, Victoria Pellett ** Officers: Arthur Woodward and Mona Alongi Section 5. The Council 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

13 Delmar St. 105.49-1-27

1800 Pierre A. & Wino Bourbonnais

246 Pennsylvania Ave. 4290 106.60-1-14 Perrie & Sullie Jackson 238 Reynolds St. 3137± 120.68-2-23 Rev. Arthur Jones &Wyreen Jones 32 Reed Pk. 3090± 106.41-2-34 Veronica Lawson 42 Reed Pk. 3230± 106.41-2-29 Amos Singletary 102-106 Sanford St. 3454± 121.71-1-15 Samuel C. & Anne E. Musso EH 422 Tremont St. 1250 Pt. of 120.52-1-33 Sam T. & Joyce Saporito WH 422 Tremont St. 1250 Pt. of 120.52-1-33 William Scales 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-104 Re: Agreements - Community Choice Action Plan R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for services relating to the Community Choice (Fair Housing) Action Plan. Organization Monroe County Legal Assistance Corporation Regional Center for Independent Living Wilson Commencement Park Housing Council in the Monroe County Area Monroe County

Amount $46,150 10,000 40,000 36,650 16,314

The costs of these agreements will be financed from the Housing Stock and General Property Conditions allocation of the 2000-01 and 2001-02 Community Development Block Grants and the 1998 HOME Program. The Community Choice Action Plan was developed by the City, County, Towns of Greece and Irondequoit, and Rochester Housing Authority. 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 ten 2001-02 Consolidated Community Development Program that was approved by the Council on May 15, 2001. The proposed agreements will provide for the contin-

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TUESDAY, APRIL 16, 2002

ued implementation of the following activities. 1. MCLAC - fair housing enforcement, education and outreach efforts.

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

2. RCIL - provision of grants to low-income people with disabilities to permit them to improve the accessibility of their housing units.

Section 4. This ordinance shall take effect immediately.

3. Wilson Commencement Park - assistance to families to relocate from housing in areas with high concentrations of poverty to other areas with less poverty.

TO THE COUNCIL: Ladies and Gentlemen:

4. The Housing Council - administrative support for the Community Choice Advisory Committee. Summaries of the performance of these organizations under their current agreement are attached. The Housing Council previously provided the aforementioned services under a contract with the County, with the City reimbursing the County for a portion of the cost. The proposed agreement with the Housing Council will replace this contract. The proposed agreement with the County will provide for reimbursement of a portion of the costs of the prior contract. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-39 Ordinance No. 2002-104 (Int. No. 119) Authorizing Agreements For Fair Housing 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 agencies in amounts not to exceed the following for implementation of the Community Choice Action Plan for fair housing: Agency Program Wilson Commencement Park Housing Mobility Regional Center for Independent Living Accessibility Grant MCLAC Fair Housing Enforcement County of Monroe Advisory Comm. Staff Support Housing Council Advisory Comm. Staff Support

Amount $40,000 10,000 46,150 16,314 36,650

Section 2. The agreements shall obligate the City to pay an amount not to exceed $149,114, and of said amount, or so much thereof as may be necessary, $46,150 shall be funded from the appropriation made in Section 3 of Ordinance No. 98- 359, $30,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2000-01 Community Development Program and $72,964 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 Community Development Program.

Passed unanimously.

Ordinance No. 2002-105 Re: Zoning Moratorium R2010: Campaigns 9 and 10 - Health, Urban Neighborhoods and Center City Transmitted herewith for your approval is legislation establishing a six-month moratorium on the consideration of most applications involving the amendment of the Zoning Ordinance or Map. On January 19, 1999, the City Council authorized an agreement with Duncan Associates, of Austin, for assistance in the revision of the Zoning Ordinance and Map. The project was expected to be completed within 18 months. For various reasons, Duncan was unable to adhere to the project schedule and produce the expected products in a timely manner. Accordingly, the agreement with Duncan was terminated and on October 23, 2001, the Council authorized an agreement with Peter J. Smith & Co., of Buffalo, for completion of the project. A draft Zoning Ordinance and Map was presented in February for public review and comment. The draft Environmental Impact Statement will be presented in April. The Rochester Environmental Commission will hold a public hearing on the draft on April 22 and the City Planning Commission will hold an additional four public hearings in June. Thereafter, legislation incorporating the revised ordinance and map will be presented to the Council. It is recommended that, until a revised ordinance and map is approved, a moratorium on applications for changes to the current ordinance and map be imposed. This moratorium would prevent any changes that may be inconsistent with the revised ordinance and map. The anticipated duration of the moratorium is six months. Exceptions would be provided for urban renewal and planned development districts. The Planning Commission will hold a public hearing on the moratorium on April 8. A copy of the minutes of this hearing will be forwarded to the City Council as soon as possible. A public hearing by the Council is also required. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-105 (Int. No. 108) Establishing A Moratorium On Applications For Amendments To The Zoning Ordinance And Map

Page 105

TUESDAY, APRIL 16, 2002 WHEREAS, the Cityʼs land use controls should promote the objectives of the Renaissance 2010 Plan and other components of the Comprehensive Plan by properly regulating land development; and WHEREAS, the City is in the final stages of completing a comprehensive re-write of the Zoning Ordinance and modifications of the Zoning Map; and WHEREAS, new applications for Zoning Text and Map Amendments should be consistent with the proposed new Zoning Text and Map provisions instead of the existing ones; and WHEREAS, a moratorium imposed for such applications for a six-month period shall allow for the completion of the Zoning Text and Map Revision Project, including the required public review and approval processes. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There shall be a six (6) month moratorium on the acceptance of applications for Zoning Text and Map Amendments in order to allow for the completion of the Zoning Text and Map Revision Project, except for applications arising in Urban Renewal and Planned Development Districts. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-106 Re: Asset Control Area Partnership Program R2010: Campaign 9 - Healthy Urban Neighborhoods

in areas with the following zip codes: 14605 14606 14607

14608 14609 14611

14613 14615 14610

14620 14621

The acquisition price of any property is its appraised value discounted for the estimated cost of repairs required for code compliance. Estimated Repair Cost

Discount Rate

Less than $5,000 $5,000 to $15,000 More than $15,000

10% 30 50

Until the properties are sold, they are managed and maintained by Proway. The agreement for provision of these services was authorized on September 15, 1999. The proposed agreements will provide for continuation of the program. A summary of the performance of the program is attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-40 Councilmember Norwood moved to have Introductory No. 107 moved out of committee. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Councilmember Norwood moved to amend Introductory No. 107. The motion was seconded by Councilmember Mains. The motion was adopted unanimously.

Transmitted herewith for your approval is legislation relating to the Asset Control Area Partnership Program. This legislation will authorize agreements or amendatory agreements with the following organizations:

Approving Continuation Of The Asset Control Area Partnership Program

1. U.S. Department of Urban Development, for continued participation in the program; and

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

2. Proway Management Corporation, 1168 N. Clinton Avenue, for continued management and maintenance of the acquired properties, at a maximum cost of $168,000.

Section 1. The Mayor is hereby authorized to enter into an agreement with the United States Department of Housing and Urban Development (HUD) for the continued City participation in the Asset Control Area Partnership (ACAP) Program, and the Council approves the continuance of Sections 2 and 7 of Ordinance No. 99-349. In the event that HUD makes significant changes to the scope or nature of the ACAP Program, the Mayor shall bring such changes to the Council for approval prior to entering into the agreement.

The cost of the agreement with Proway will be financed from the proceeds of the sale of acquired properties. On April 15, 1997, the City Council authorized an agreement with HUD for the marketing and sale by the City of selected residential properties acquired by HUD through mortgage foreclosure. The program was intended to expedite the return of these properties to private ownership and to promote owner-occupancy. On September 15, 1999, the Council authorized an agreement for continuation and expansion of the Cityʼs participation. Under this agreement, the City is obligated to acquire all foreclosed residential units

Ordinance No. 2002-106 (Int. No. 107, As Amended)

Section 2. The Mayor is hereby authorized to enter into an amendatory agreement with Proway Management Corporation for the management and maintenance of properties acquired by the City from HUD under the Asset Control Area Partnership Program (ACAP) Program. Section 3. The amendatory agreement shall obligate the City to pay an amount not to exceed

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TUESDAY, APRIL 16, 2002

$[168,000] 69,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from HIP Program property sales proceeds. 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.

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 420 Westfall Road, from R-3 Low-Medium Residential To R-3/O-O Low-Medium Residential/Overlay Office: 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:

Bracketed material deleted; underlined material added. Passed unanimously.

Beginning at a point on the centerline of Westfall Road 225.8 feet westerly from the east line of Lot 62, in the second division of Lots in Township Number 13, Range 7;

TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 124 Re: Zoning Map Amendment 420 Westfall Road

Thence 1)

R2010: Campaign 9 - Healthy Urban Neighborhoods

Northerly at right angles with the centerline of Westfall Road a distance of 848.75 feet to a point;

Thence 2)

Transmitted herewith for your approval is legislation amending the Zoning Map by changing the classification of 420 Westfall Road from R-3 Low-Medium Residential to R-3/O-O Low Medium Residential/ Overlay Office.

Westerly and forming an interior angle of 89° 55ʼ 10” a distance of 155.76 feet to a point;

Thence 3)

Southerly along a line that is at right angles to the centerline of Westfall Road a distance of 848.53 feet to the centerline of Westfall Road;

Thence 4)

Easterly along the centerline of Westfall Road a distance of 155.76 feet to the point or place of beginning.

The property is vacant land. It abutsR-3 and R-3/O-O uses to the west, Institutional Planned Development No. 2 to the north, R-3 to the east and R-3/O-O uses to the south. The rezoning was requested by the owner of the property, Yoruk Properties II, LLC (principal: Iden Yoruk). If the rezoning is approved, the construction of a 20,600 square foot medical office building will be included in the development of the parcel, in addition to the planned construction of three apartments buildings with eight units each and an accessory parking lot. The property would have a R-3 High Density Residential classification under the new Zoning Map. The inclusion of a medical facility would not be permitted under this classification. The Planning Commission held an informational hearing concerning the proposed rezoning on March 11; three representatives of the owner were the only speakers. The Commission recommended by a vote of 7-1 that the rezoning be approved. 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 rezoning will not result in any significant effects. A negative declaration has been issued.

Being and hereby intending to convey the same premises conveyed to the grantor by Warranty Deed dated July 15, 1999 and recorded in the Monroe County Clerkʼs Office on July 15, 1999 in Liber 9187 of deeds at page 18. Section 2. This ordinance shall take effect immediately. Held in committee. By Councilmember Mains April 16, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: es

Int. No. 109 - Cancellation Of Taxes And Charg-

A public hearing is required.

Int. No. 121 - Approving The Sale Of Parcels To Davis Properties

Respectfully submitted, William A. Johnson, Jr. Mayor

Int. No. 77 - Establishing Maximum Compensation For A Professional Services Agreement For The Genesee Crossroads Parking Garage And Project Area Introductory No. 124

CHANGING THE ZONING CLASSIFICATION OF 420 WESTFALL ROAD FROM R-3 LOW-MEDIUM RESIDENTIAL TO R-3/O-O LOW-MEDIUM RESIDENTIAL/OVERLAY OFFICE

The Economic Development & Government Efficiency Committee recommends for consideration the following entitled legislation: Int. No. 120 - Approving The Sale Of 110 Science Parkway In The Rochester Science Park To LeFrois Development, LLC

Page 107

TUESDAY, APRIL 16, 2002 The following entitled legislation is being held in committee: Int. No. 110 - Establishing Maximum Compensation For A Professional Services Agreement For The Midtown Parking Garage Renovation Program Int. No. 130 - 2001-02 Debt Resolution Int. No. 131 - Amending Bond Ordinance No. 2000-128 Relating To Sewer Improvements As A Part Of The 2000 Milling And Resurfacing And Residential Street Improvement Programs To Reduce The Amount Authorized And Appropriated Therein Respectfully submitted, Tim O. Mains Brian F. Curran Nancy K. Griswold Gladys Santiago ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-107 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 charges totaling $1,800. This amount relates to code violation charges incurred by the former owner of the property. If the cancellation is approved, total cancellations during 2001-02 will be $339,121.69, which represent .17% of the tax receivables as of July 1, 2001. Accounts City Council Administrative Total

Amounts

30 189

$283,334.13 55,787.56

219

$339,121.69

Respectfully submitted, William A. Johnson, Jr. Mayor

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 City taxes and charges: a. Code violation fines were incurred by prior owner. Present owner acquired property from lending institution that had taken mortgage foreclosure. Fines remain unpaid. Class

090.740-0002-023 H 952-954 Dewey Ave.

Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-108 And Ordinance No. 2002-110 Re: Real Estate Transactions - Economic Development Projects R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation approving the following real estate transactions related to economic development projects: 1. Sale of up to 2.91 acres of land in the Rochester Science Park to LeFrois Development, LLC (principal: Richard LeFrois) for $174,600; 2. Sale of approximately .37 acres at 1247 and 1253 Clifford Avenue and 85 and 87 Miller Street to Davis Properties (principal: Jeff Davis) for $5,000. 110 Science Parkway The first parcel will be used for the construction of a 12,000 square foot facility. Construction is expected to begin in April and be completed by September, at an estimated cost of approximately $2.0 million. The facility will be leased to the University of Rochester and Pharm Logic P.E.T. Services of Rochester, LLC. It will be used for the creation of radioactive isotopes for the purpose of cancer detection and cancer detection research. The facility will be one of only six such facilities in the world with this capability. It is expected to result in the creation of 20 new jobs. Davis Properties

Ordinance No. 2002-107 (Int. No. 109)

S.B.L.# Address

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.

Tax Year

Amount Canceled

2002

$1,800.00

The second parcel will be used to facilitate the future expansion of the Elmer W. Davis Company, a commercial roofer and sheet metal fabricator. The company is located on adjacent properties at 12171225 Clifford Avenue. In the immediate future, Davis will develop the properties to be sold as parking areas for its employees and customers and to provide access to its facilities. The estimated cost of development is $75,000 - $100,000. Later, after relocation of employees and customers from the existing parking lot is completed, Davis will construct an approximately 2,000 square foot addition to its fabrication and warehouse facilities. This site would accommodate additional expansion in the future. Construction of the parking lot is expected to be completed this year. Construction of the addition is expected to be completed late this year or early

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TUESDAY, APRIL 16, 2002

in 2003. During the construction season, Davis employs about 200 people. The planned expansion is expected to result in 12 new jobs. Transaction Prices The transaction prices were established by the following independent appraisers: Transaction

Appraiser

110 Science Parkway Davis Properties

Robert Pogel Bruckner, Tillet, Rossi Cahill and LeGrett

Environmental Review Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, the proposed transactions will not result in any negative effects. Negative declarations have been issued.

Section 2. This ordinance shall take effect immediately. Passed unanimously. Introductory No. 77 was introduced March 19, 2002, and appears in its original form with its transmittal letter on page 78 of the current Council Proceedings. Ordinance No. 2002-109 (Int. No. 77) Establishing Maximum Compensation For A Professional Services Agreement For The Genesee Crossroads Parking Garage And Project Area Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 110 Re: Agreement - Pathfinders Engineering, Midtown Parking Garage

Public Hearing

R2010: Campaign 7 - Quality Service

A public hearing on the sale of land within the Rochester Science Park is required.

Transmitted herewith for your approval is legislation authorizing an agreement with Pathfinders Engineering, LLP, 3300 Monroe Avenue, for engineering services relating to the replacement of the revenue control equipment at the Midtown parking garage. The maximum cost of this agreement will be $19,785, which will be financed from the 2001-02 Cash Capital allocation of the Economic Development Department (Parking Fund).

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-41 Ordinance No. 2002-108 (Int. No. 121) Approving The Sale Of Parcels To Davis Properties BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of 1247 and 1253 Clifford Avenue, SBL# 106.35-3-1 and 106.35-3-2, and 85 and 87 Miller Street, SBL# 106.35-3-50 and 106.35-3-51, to Davis Properties for the sum of $5,000. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-110 (Int. No. 120) Approving The Sale Of 110 Science Parkway In The Rochester Science Park To LeFrois Development, LLC BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of 110 Science Parkway, SBL# 136.70-1-54, in the Rochester Science Park to LeFrois Development, LLC for the sum of $174,600, provided that LeFrois Development, LLC shall first obtain approval from the Director of Zoning of a detailed development plan for the parcel.

The parking garage, which contains approximately 1,800 spaces, was constructed in 1960. The current revenue control equipment was installed in 1985 and is now obsolete; replacement parts are no longer available. The plan for replacement of the equipment also includes several modifications to traffic flow within the garage. The modifications are intended to facilitate exiting. Proposals for the engineering services required for the equipment replacement and traffic modifications were solicited from three organizations. Two proposals were received. Pathfinders is recommended because of comparative prices and its past performance on other projects. The schedule for replacement of the equipment will be dependent upon current negotiations with Blackacre Bridge Capital, the owner of Midtown Plaza, concerning possible operation of the garage. Respectfully submitted, William A. Johnson, Jr. Mayor Introductory No. 110 ESTABLISHING MAXIMUM COMPENSATION FOR A PROFESSIONAL SERVICES AGREEMENT FOR THE MIDTOWN PARKING GARAGE RENOVATION PROGRAM BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $19,785, or so much thereof as may be necessary, is hereby established as the

Page 109

TUESDAY, APRIL 16, 2002 compensation to be paid for a professional services agreement between the City and Pathfinders Engineering for engineering services for the Midtown Parking Garage Renovation Program. Said amount shall be funded from the 2001-02 Cash Capital Allocation.

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

Section 2. This ordinance shall take effect immediately.

WHEREAS, bond ratings influence the rate of interest which must be paid on indebtedness and therefore the amount of debt service.

Held in committee.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester, that it is the intent and policy of the City to limit the amount of bonds and notes authorized in fiscal year 2001-02 for general municipal purposes to $16,664,800 of new authorizations and $11,447,600 of carryover authorizations, and for City School District purposes to $25,332,700.

TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 130 And Introductory No. 131 Re: 2001-02 Debt Limit R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation establishing $53,445,100 as the maximum amount of debt that may be issued by the City during 2001-02 for general municipal and educational purposes. The proposed debt limit consists of a carryover authorization of $11,447,600 and a new authorization of $41,997,500. City

School

Total

Carryover Authorizations $11,447,600 $ 0 $11,447,600 New Authorizations 16,664,800 25,332,700 41,997,500 Total $28,112,400 $25,332,700 $53,445,100 The carryover authorization involves debt originally scheduled to be issued in 2000-01. It assumes cancellation of a bond authorization previously approved by the City Council for the street improvement program. The new authorization is equivalent in amount to the tax-supported debt that will be redeemed during 2001-02. However, the latter amount does not include the debt redemptions associated with the public safety building (for which exceptions to prior debt limits were approved), certain debt associated with the public market (which normally would be self-supporting), and the debt associated with the pre-financing of the private contributions received for the central library project (which is similarly self-supporting). A summary of all projects included in the limit is attached. Respectfully submitted, William A. Johnson, Jr. Mayor

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 an adherence to this policy, each separate request for authorized debt shall be accompanied by a report in which the amount of debt actually authorized is compared to the amount of debt herein established as a limit. This resolution shall take effect immediately. Held in committee. Introductory No. 131 AMENDING BOND ORDINANCE NO. 2000128 RELATING TO SEWER IMPROVEMENTS AS A PART OF THE 2000 MILLING AND RESURFACING AND RESIDENTIAL STREET IMPROVEMENT PROGRAMS TO REDUCE THE AMOUNT AUTHORIZED AND APPROPRIATED THEREIN BE IT ORDAINED, by the Council of the City of Rochester as follows:

Introductory No. 130 2001-02 DEBT RESOLUTION BE IT RESOLVED, by the Council of the City of Rochester as follows: WHEREAS, an important component of the City and City School Districtʼs expense budget and tax levy is debt service; and WHEREAS, the amount of debt outstanding is one of the major factors evaluated by credit agencies in the determination of bond rating; and

Section 1. The title and Sections 1, 2, and 3 of Bond Ordinance No. 2000-128, entitled: Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $530,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Milling And Resurfacing And Residential Street Improvement Programs are hereby amended by changing each dollar amount referenced therein from $530,000 to $330,000.

Page 110

TUESDAY, APRIL 16, 2002 - TUESDAY, MAY 14, 2002

Section 2. This ordinance shall take effect immediately. Held in committee. The meeting was adjourned at 9:21 P.M. CAROLEE A. CONKLIN City Clerk *****

States of America - By Girl Scout Troup 364 Recognition Ceremony Retirement: Rochester Fire Department *Daniel Cavuoto *Thomas Sharer *Will not attend meeting. APPROVAL OF THE MINUTES By Councilmember Santiago RESOLVED, that the minutes of the Special Meeting of April 4, 2002 and the Regular Meeting of April 16, 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 Director of Zoning submits Notices of Environmental Determination. 165 West Avenue. 3685-7 1020 and 1036 Maple Street. 3686-7 960 - 988 North Plymouth Avenue. 3687-7 Western portion of Newbury St. to LaGrange Ave. 3688-7 PUBLIC HEARINGS Pursuant to law public hearing will now be had on the following matter: Amending The Official Map By Abandonment Of A Portion Of Newbury Street District Int. No. 157 No speakers. Authorizing Additional Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project Int. No. 166 No speakers. Amending The Official Map By Dedicating Parcels To Street Purposes As A Part Of The Port Access Roads And Infrastructure Improvements Project Int. No. 163 No speakers. Local Improvement Ordinance - Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas Int. No. 144 No speakers.

REGULAR MEETING May 14, 2002 Present - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Absent - Councilmember Curran - 1. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United

Changing The Zoning Classification of 1020-1036 Maple Street From M Manufacturing Industrial To C-3 General Commercial District Int. No. 156 Three speakers: Bishop Hartsdale, Ed Jeffries, and Darlene Baker. Changing The Zoning Classification Of 960-986 North Plymouth Avenue And 21 Bloss Street From R-3 Low Medium Residential To Planned Development PD#2-Upstate Farms Cooperative, Inc. And Redesignating MIPD#4-Upstate Milk Cooperative As Planned Development PD#2-Upstate Farms Cooperative, Inc. And Amending The Current Plan Int. No. 158 No speakers. Approving The Consolidated Community Development Program/2002-03 Annual Action Plan Int. No. 147 Three speakers: Ruhi Maker, David Broadman, and Brian Heatherington.

Page 111

TUESDAY, MAY 14, 2002 Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides And Authorizing An Agreement Int. No. 154 No speakers. Approving Change In Traffic Flow On Achilles Street From Liberty Pole Way To Stillson Street From OneWay Eastbound To One-Way Westbound Int. No. 153 No speakers. Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements Int. No. 155 No speakers. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-111 Re: Agreement - LEaD, Training & Facilitation Services R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with LEaD (principal Lauren Spiker), 70 Linden Oaks, for various training and facilitation services associated with the Department of Environmental Servicesʼ (DES) employee development plans. The maximum cost of the agreement will be $22,400, which will be financed from the 2001-02 budget of DES. LEaD (Leadership, Education and Development) has provided training and assistance to DES since 1997 under periodic agreements. The most recent agreements, for development of a comprehensive performance measurement system and delivery of leadership training were executed in March and July 2001, and January 2002. Under the proposed agreement, LEaD will... 1. Conduct training sessions in the areas of leadership development, customer service, interpersonal effectiveness, team building, and management fundamentals; and 2. Coach work groups in ways to integrate customer service strategies with the principals of continuous improvement. Under the proposed agreement, LEaD will provide 112 hours of training or facilitation services at an hourly fee of $200. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-111 (Int. No. 169) Establishing $22,400 As Maximum Compensation For A Professional Services Agreement With LEaD For Training And Facilitation Services of

Section 1. The sum of $22,400, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and LEaD for training and facilitation services associated with the Department of Environmental Servicesʼ employee development plans. Said amount shall be funded from the 2001-02 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-112, 2002-113, And 2002-114 Re: Highland Avenue Improvement Project (Monroe Avenue to the East City Line) R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation relating to the Highland Avenue Improvement Project. This legislation will: 1. Authorize the issuance of bonds in the amount of $2,360,000 and appropriate the proceeds thereof to finance the cost of the street improvements; and 2. Authorize the issuance of bonds in the amount of $198,000 and appropriate the proceeds thereof to finance the cost of the sewer improvements; and 3. Appropriate $55,000 in anticipated reimbursements from Monroe County to finance the costs of the traffic improvements; and 4. Authorize an agreement with FRA Engineering for resident project representation services at a maximum amount of $256,000. The project consists of pavement reconstruction/rehabilitation, new granite curbs, concrete sidewalks in select areas, catch basins; water services and hydrants; driveway aprons; new City owned street lighting system; new pavement markings and upgrades to the existing traffic signal system at Winton Road; tree plantings, topsoil and seed. The engineering design for this project, by FRA Engineering, was authorized by City Council on August 21, 2001. Pavement width changes were authorized on January 15, 2002. Bids for construction were received on April 30, 2002. The work will be performed by Villager Construction, Inc., at a cost of $2,089,411.00, which is 21% less than the engineering estimate. An additional $467,589.00 (22%) will be allocated for contingencies and additional items not included in the contract which include tree planting and street lighting costs. The cost of the categories of work for the project based upon the bid amount are as follows:

BE IT ORDAINED, by the Council of the City

Rochester as follows:

Category

Construction Contingency Inspection Total

Page 112 Street Bond Water Cash Sewer County Traffic Total

TUESDAY, MAY 14, 2002 $1,703,106 $426,181 $230,713 $2,360,000 162,214 17,911 19,875 200,000 179,919 18,081 0 198,000 44,172 5,416 5,412 55,000 $2,089,411 $467,589 $256,000 $2,813,000

The cost of the street and sewer improvements will be financed from proceeds of the proposed bonds. The cost of the water improvements will be financed with 2001-02 Cash Capital (Water Fund). The cost of the traffic improvements will be financed from anticipated reimbursements from Monroe County. FRA Engineering was selected to perform resident project inspection services because of their familiarity with the project and the qualifications of the personnel to be assigned to the project. The services will be funded by the anticipated proceeds of the Street Bond, Cash Capital (Water Fund) and anticipated reimbursements from Monroe. Construction is scheduled to begin in the summer, 2002, and be substantially completed in the spring, 2003. Public informational meetings were held on November 29, 2001, January 3, 2002, and February 13, 2002. Copies of the November 29, 2001 meeting minutes were previously forwarded to the Council. Copies of the minutes for the 2002 meetings are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-44 Ordinance No. 2002-112 (Int. No. 170) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $2,360,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Highland 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 the construction and reconstruction of certain streets constituting a portion of the Highland Avenue Improvement Project, bounded by Monroe Avenue on the west and the east City line along Highland Avenue, in the City (the “Project”). The total estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $2,360,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $2,360,000 bonds of the City to finance said appropriation and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the City in the principal amount of $2,360,000 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 or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution.

Page 113

TUESDAY, MAY 14, 2002 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. Ordinance No. 2002-113 (Int. No. 171) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $198,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Highland 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 construction and reconstruction of certain sewer improvements along Highland Avenue related to the Highland Avenue Improvement Project, bounded by Monroe Avenue on the west and the east City line, in the City (the “Project”). The total estimated cost of said class of objects or purposes authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $198,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $198,000 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 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 $198,000 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 $198,000. 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 class of objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.4 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 Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Ordinance No. 2002-114 (Int. No. 172)

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TUESDAY, MAY 14, 2002

Establishing Maximum Compensation For A Professional Services Agreement And Appropriating Funds For The Highland Avenue 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. The Mayor is hereby authorized to enter into agreements with the New York State Division of Criminal Justice Services for funding under the Juvenile Justice Accountability Incentive Block Grant (JJAIBG) Program and the Juvenile Justice and Delinquency Prevention Program (JJDP).

Section 1. The sum of $256,000, 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 resident project representation services for the Highland 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, $230,713 shall be funded from a bond ordinance for street purposes, $19,875 shall be funded from the 2001-02 Cash Capital Allocation and $5,412 shall be funded from the appropriation made in Section 2.

Section 3. This ordinance shall take effect immediately.

Section 2. There is hereby appropriated from anticipated reimbursements from the County of Monroe the sum of $55,000, or so much thereof as may be necessary, to fund traffic improvements for the Highland Avenue Improvement Project.

Ordinance No. 2002-116 Re: Agreement - Richard Fenwick, Management of Occupied City Properties

Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-115 Re: Police Grants R2010: Campaign 3 - Health, Safety & Responsibility Transmitted herewith for your approval is a legislation authorizing agreements with the NYS Division of Criminal Justice Services for the renewal of grants totaling $182,562 for the Juvenile Accountability Conferencing Program. Grant Juvenile Justice Accountability Incentive Block Grant Juvenile Justice and Delinquency Prevention Program Administrative Grant Total

Section 2. The agreements shall contain such terms and conditions as the Mayor deems to be appropriate.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an amendatory professional services agreement with Richard D. Fenwick to provide property management services for occupied City-owned property. The services provided by this agreement will include rental collection, minor repairs and lawn maintenance. In December, 1994, Council authorized an agreement with Mr. Fenwick, establishing a basic management fee of 10% of all rents collected plus a $20/hour fee for maintenance services. In subsequent years, Mr. Fenwickʼs services have continued to be utilized under the terms of the original agreement, but since the amount paid annually was less that $10,000, the agreements did not require Council approval.

$ 90,599

With the increase in the number of City-owned vacant properties, it is anticipated that the fees paid to Mr. Fenwick this year will exceed $10,000. The terms established in the original agreement will be maintained.

44,573 2,817 $137,989

The proposed agreement will be for a period of one year beginning January 1, 2002, with a one-year renewal option

Amount

The grant funds will be used to continue the Juvenile Accountability Conferencing Program under the Juvenile Justice Restorative Program, and to underwrite administrative costs. The program provides juveniles who commit less serious offences with opportunities to meet with their victims, to admit their guilt, and to develop a restitution contract. The acceptance of responsibility and compliance with the contract constitute an alternative to prosecution. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-115 (Int. No. 173) Authorizing Grant Agreements With The New York State Division Of Criminal Justice Services

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-116 (Int. No. 174) Authorizing An Amendatory Agreement For Property Management Services For City Properties 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 Richard D. Fenwick for the continuation of management and maintenance services for occupied City-owned properties for a term of one year, commencing January 1, 2002, with a one-year renewal option, in accordance with the terms set forth in Ordinance No. 94-372.

Page 115

TUESDAY, MAY 14, 2002 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. REPORTS OF STANDING COMMITTEES AND ACTION THEREON Councilmember Norwood moved to change the regular order of the committees, by hearing the Housing And Community Development Committee first. The motion was seconded by Councilmember Mains. The motion was adopted unanimously. By Councilmember Norwood May 14, 2002

munity Development Program/2002-03 Annual Action Plan Respectfully submitted, Wade S. Norwood Benjamin L. Douglas Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-117, 2002-118, 2002-119, And 2002-120 Re: Real Estate Transactions R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the following real estate transactions:

To the Council:

1. Sale of 16 properties,

The Housing and Community Development Committee recommends for adoption the following entitled legislation:

2. Acceptance of the donation of two properties, and

Int. No. 140 - Authorizing The Sale Of Real Estate And Amending Ordinance No. 2002-71 Int. No. 141 - Accepting The Donation Of Real Estate Int. No. 142 - Granting An Easement To Install Buried Conduit For Cambridge Court Apartments Int. No. 143 - Amending Ordinance No. 2001-171 Relating To The Sale Of Real Estate The Housing and Community Development Committee recommends for consideration the following entitled legislation: Int. No. 144 - Local Improvement Ordinance Establishing The Operating And Maintenance Costs Of Neighborhood Commercial Or Residential Parking Areas Int. No. 156 - Changing The Zoning Classification of 1020-1036 Maple Street From M Manufacturing Industrial To C-3 General Commercial District Int. No. 158 - Changing The Zoning Classification Of 960-986 North Plymouth Avenue And 21 Bloss Street From R-3 Low Medium Residential To Planned Development PD#2-Upstate Farms Cooperative, Inc. And Redesignating MIPD#4-Upstate Milk Cooperative As Planned Development PD#2-Upstate Farms Cooperative, Inc. And Amending The Current Plan The following entitled legislation is being held in committee: Int. No. 145 - Authorizing Submission Of The Consolidated Community Development Program/2002-03 Annual Action Plan And Execution Of The Grant Agreement With The United States Department Of Housing And Urban Development Int. No. 146 - Appropriation Of Funds For The City Development Fund Int. No. 147 - Approving The Consolidated Com-

3. Granting of a permanent easement. The legislation will also authorize the substitution of another property for a property whose sale was previously approved and increase the price for another property whose acquisition was previously approved. Sales The first property to be sold, the north half of 572 N. Plymouth Avenue, will be sold to the owner of the adjacent property. The property, a vacant lot, will be developed as a parking lot. The second property, also a vacant lot, was included in the public auction of September 24, 2001, subject to approval of a development proposal. The property will be fenced and landscaped and combined with the purchaserʼs adjacent property. The next two properties, 281 Parsells Avenue and 67 Rugby Avenue, will be rehabilitated and re-sold to owner-occupants. The last 12 properties are considered unbuildable because of their size. They will be sold for $1.00 to owners of adjacent properties and combined with those properties. Donations The properties to be donated, 143 and 149 Lincoln Street, each contain a vacant two-family house that is in deteriorated condition. Following acquisition of the properties, the houses will be demolished, at an estimated cost of $16,000. The resultant vacant lots, which will contain 5,065 and 6,415 square feet respectively, will be reserved for future residential development. As a condition of the donation, taxes of $1,054.82 and $1,150.81 will be canceled. Easement

Page 116

TUESDAY, MAY 14, 2002

The easement to be granted will consist of an area on 104 and 106 Falmouth Street that is 10ʼ wide and 111.37ʼ in length. It is required by Frontier Telephone for installation and maintenance of a conduit that will provide service to Cambridge Court Apartments, which are located on the adjacent property. The price of the easement will be $1.00. Substitution and Acquisition Price Increase On June 19, 2001, the City Council authorized the sale of 192 Cady Street to Mary Poles as part of the homestead lottery program. Subsequently, prior to the closing of the sale, the property was severely vandalized. It is proposed that the sale of 579 Hague Street be authorized in substitution. On March 19, 2002, the Council authorized the acquisition of 111-113 Webster Avenue for the Home Expo/Challenged Street Project at a cost of $31,000. Under the proposed legislation, the authorized cost would be increased to $33,000, to avoid the need for condemnation proceedings. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-45 Councilmember Norwood moved to amend Introductory No. 140. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Ordinance No. 2002-117 (Int. No. 140, As Amended) Authorizing The Sale Of Real Estate And Amending Ordinances No. 2002-71, 2002-38 And 2002-39 And Authorizing A Grant Agreement BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the sale of the following parcel of vacant land with proposal by negotiated sale: Address S.B.L.#

Price Purchaser

NH 572 Plymouth Ave. N. Pt. of 106.69-01-01

$200 DiPaolo Baking Company, Inc.*

* Officers: Stephen C. Woerner, Doaminick P. Massa Section 2. The Council hereby further approves the sale of the following parcel of vacant land with proposal by regular auction: Address Price S.B.L.# Purchaser 66 Pennsylvania Ave. 106.59-1-58

$500 Michael Piacente

Section 3. The Council hereby further approves the sale of the following parcels of improved property by negotiated sale: Address

Price

Legal Use

S.B.L.#

Purchaser

281 Parsells Ave. $ 5,500 1 Family 107.62-1-11 Rochester Housing Development Fund Corporation* 67 Rugby Ave. 26,000 1 Family 120.57-2-53 Rochester Housing Development Fund Corporation* * Officers: Jean A. Lowe, Raphael E. Cestero, Kevin V. Recchia, and Robert Barrows Section 4. 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.#

Sq. Ft. Purchaser

EH 472 Campbell St. Pt. of 120.25-1-45 WH 472 Campbell St. Pt. of 120.25-1-45 EH 114 Clifton St. Pt. of 120.51-1-11 WH 114 Clifton St. Pt. of 120.51-1-11

1923± Gary Kendrick 1923± Perry & Sullie Jackson 2502± Willie C. Pinkins 2502± Goodwill Baptist Church* NEH 47 Fourth St. 1320 Pt. of 106.67-1-42 Charles Yacklon SWH 47 Fourth St. 1320 Pt. of 106.67-1-42 Rochester Housing Authority 20 Kondolf St. 3365± 105.82-1-63 Oscar Gonzalez, Jr. SH 572 Plymouth Ave. N. 1650 Pt. of 106.69-1-01 Hector & Elsie Vargas 419 Remington St. 2551± 091.71-1-20 Richard & Eliza Wildman 182 Saratoga Ave. 1750 105.59-2-14 Maria Victoria Gonzalez 48 Sherman St. 4440 105.66-2-22 Danie Degus 305 Wilkins St. 3250± 106.24-2-26 Odell & Ruth Woods * Officer: James Allen Andrews Section 5. Ordinance No. 2002-71, relating to the acquisition of parcels for the Home Expo/Challenged Street Project, is hereby amended by increasing the amount authorized for the acquisition of 111-113 Webster Avenue from $31,000 to $33,000. 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. Ordinance No. 2002-39, as amended by Ordinance No. 2002-74, relating to a float loan for the Near Westside Rental Project, is hereby further amended by amending the third sentence of Section 2 thereof to read in its entirety as follows: The loan shall be for a term not to exceed twelve months; the interest rate shall be the applicable federal funds rate as determined by the Director of Finance of the City of Rochester.

Page 117

TUESDAY, MAY 14, 2002 Section 8. Ordinance No. 2002-38, relating to the sale of real estate and a loan agreement for the Near Westside Rental Project, is hereby amended by deleting the second sentence of Section 3 thereof and inserting the following new sentences in its place: The funding shall be provided as a construction loan and upon completion of construction to be converted to a 20-year loan. The interest rate for both the construction and permanent loans shall be the greater of 6.5% or the applicable federal funds rate as determined by the Director of Finance, 1% of which shall be payable both upon the completion of construction and annually with the remaining interest and principal due at the end of the loan. Section 9. The sum of $35,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an agreement between the City and the North East Area Development, Inc. for rehabilitation grants and loans to support affordable housing in the Home Expo Project Area. Said amount shall be funded from the 1997-98 Cash Capital Allocation. Section 10. This ordinance shall take effect immediately. Underlined material added.

Section 1. The Council hereby approves the granting of a permanent easement to Frontier Telephone of Rochester, Inc. for the sum of $100 over the Cityowned vacant land at 104 and 106 Falmouth Street for the installation of buried conduit to provide service to the Cambridge Court Apartments. Section 2. This ordinance shall take effect immediately. Underlined material added. Passed unanimously. Ordinance No. 2002-120 (Int. No. 143) Amending Ordinance No. 2001-171 Relating To The Sale Of Real Estate BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2001-171, relating to the sale of real estate, is hereby amended by authorizing the sale of 579 Hague Street, SBL# 105.720-0001054, to Mary Poles, instead of 192 Cady Street as authorized in Section 2 thereof. Section 2. This ordinance shall take effect immediately.

Passed unanimously. Ordinance No. 2002-118 (Int. No. 141) Accepting The Donation Of Real Estate 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 143 Lincoln Street, SBL #106.340-0003-044-001, and 149 Lincoln Street, SBL #106.340-0003-042, from the current owners, Alighiero and Renata Bartolini. 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, except outstanding County taxes. Section 3. This ordinance shall take effect immediately. Passed unanimously. Councilmember Norwood moved to amend Introductory No. 142. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Ordinance No. 2002-119 (Int. No. 142, As Amended) Granting An Easement To Install Buried Conduit For Cambridge Court Apartments BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1505 Re: Appropriations and Assessments Neighborhood Parking Lots R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation appropriating $61,748.26 for the operation and maintenance of seven neighborhood commercial or residential parking lots and approving the assessment of $55,900 against the benefited properties. The parking lots were established pursuant to the policies adopted by the City Council on January 23, May 8 and May 22, 1979. Under these policies, the original construction costs of the lots were financed by the City but the annual operating and maintenance costs are financed through assessments against the properties that benefit from the lots. The operation and maintenance of the lots include snow plowing, cleaning, landscape maintenance, lighting and parking regulation enforcement. These services are provided either by City personnel, private companies under contract with the City, or the property owners themselves. For 2002-03, the total cost of these services will be $61,748, which is $19,225 less than the 2001-02 amount for eight lots. Since unexpended amounts available from prior year assessments are $3,726 less than the 2001-02 amounts, total required new assessments will decrease by $15,489. 2002-03 Total Appropriations

2001-02

Variance

Page 118

TUESDAY, MAY 14, 2002

$61,748 Less: Unused Assessments 5,848 New Assessments $55,900

$80,973

$(19,225)

9,584

( 3,736)

$71,389

$(15,489)

No appropriations and assessments are proposed for the Winton/Mayfield parking lot, which was established by the Council on August 11, 1981 and extended on May 12, 1992. Leases for the land on which the lot is located could not be renewed and the lot will revert to private ownership and control. As in the past, no assessments will be apportioned against the properties included in the Wadsworth Square district. Because of low utilization by residents, the parking lot within the district is presently operated by Ralph Parking pursuant to an agreement authorized by the Council on January 19, 1999. The revenues received under the provisions of this agreement are sufficient to finance all costs of operation. If the proposed assessments are approved, the charges to the individual properties with the districts 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 hearing. A public hearing on the proposed legislation is required. Respectfully submitted, William A. Johnson, Jr. Mayor Local Improvement Ordinance No. 1505 (Int. No. 144) 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 2000-01:

North Street 7,000.00 Lyell Avenue 5,500.00

-01,264.00

1258 1382

7,000.00 6,764.00

Section 2. This ordinance shall take effect on July 1, 2002. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-121 Re: Zoning Map Amendment 1020-36 Maple Street. R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation to amend the Zoning Map by changing the zoning classification of 1020-1036 Maple Street from M (Manufacturing-Industrial) to C-3 (General Commercial). The property at 1020 Maple Street, currently vacant, was formerly the Mapledale Party House. It has been purchased by Mt. Sinai Ministries, which plans to reuse the building as a church. The adjacent parcel at 1036 Maple Street is currently used for sales, rental and service of contractorʼs and industrial equipment; it is being included in the rezoning to avoid the appearance of spot zoning. The owner has consented to the rezoning. Church uses are prohibited in the M district but are permitted in the C-3 district, while sales, rental and service of contractorʼs and industrial equipment are permitted in the C-3 district. The proposed rezoning will permit the church to be established while having no impact on the uses at 1036 Maple Street. The affected properties are abutted R-1 residential and M districts. On April 8, 2002, the Planning Commission held an informational hearing on the proposed rezoning. Two hundred and one people supported the application by voice acclamation. Eighteen people actually spoke in support of the proposal; there were no speakers in opposition. By a vote of 5-0, the Planning Commission recommended approval of the proposed rezoning. Pursuant to Article 8 of the NYS Environmental Conservation law and Article 48 of the City Code, it has been determined that the proposed rezoning will not have any significant effects. A negative declaration has been issued. A public hearing is required.

Parking Area New Assessments Culver-Merchants $28,400.00 Monroe Avenue 12,500.00 Parker Place 2,500.00 South Avenue -0Wadsworth Square -0-

LIO

Unused Assessments From Prior Years

Total Amount

1357 $ -0$28,400.00 1441 -012,500.00 1489 500.00 3,000.00 1468 1,650.00 1,650.00 1416 2,434.26 2,434.26

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-46 Ordinance No. 2002-121 (Int. No. 156) Changing The Zoning Classification Of 10201036 Maple Street From M Manufacturing Industrial To C-3 General Commercial District BE IT ORDAINED, by the Council of the City of Rochester as follows:

Page 119

TUESDAY, MAY 14, 2002 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 1020-1036 Maple Street, from M Manufacturing Industrial to C-3 General Commercial District: 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 intersection of the centerline of Glide Street and the centerline of Maple Street; Thence 1)

Northerly along the centerline of Glide Street to itʼs intersection with the centerline of Iona Street;

Thence 2)

Easterly along the centerline of Iona Street to the southerly extension of the westerly Line of Lot 18 as shown on a map of the Maple Terrace Subdivision as filed in the Monroe County Clerkʼs Office in Liber 25 of maps at page 17;

Thence 3)

Northerly along said extension and the westerly line of said Lot 18 to the southerly Line of Lot 24 of said Maple Terrace Subdivision;

Thence 4)

Easterly along the southerly line of said Lot 24 to the southeast corner of said Lot;

Thence 5)

Northerly along the easterly line of said Lot 24 and itʼs northerly extension to a point midway between the east and west travel lanes of Interstate 490;

Thence 6)

Easterly along a line midway between the east and west travel lanes of Interstate 490 to the northerly extension of the easterly right of way line of Boswell Street;

Thence 7)

Southerly along said extension and the easterly line of Boswell Street to the southerly line of parcel 36 as shown on the City of Rochester Tax Map as parcel 120.24-02-36;

Thence 8)

Easterly along the southerly line of said parcel a distance of 121.29 feet to the Westerly line of Lot 45 as shown on a map of the William H. Matthews re-subdivision as filed in the Monroe County Clerkʼs Office in Liber 38 of maps at page 1;

Thence 9)

Southerly along the westerly line of said Lot 45 a distance of 108.88 feet to a point;

Thence 10) Easterly along the southerly line of the north half of Lot 45 of said Matthews re-subdivision a distance 56.76 feet more or less to the easterly line of said Lot 45; Thence 11) Southerly along the easterly line of said Lot 45 to the centerline of

Maple Street; Thence 12) Westerly along the centerline of Maple Street to the centerline of Glide Street to the point or place of beginning. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-122 Re: Zoning Map Amendment - MIPD#4 Upstate Milk Cooperative To PD #2 Upstate Farms Cooperative R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation to: Amend the Zoning map by changing the designation of MIPD #4 Upstate Milk Cooperative to PD#2 Upstate Farms Cooperative, and expand the Planned Development district by rezoning the properties at 960, 962, 968, 972, 980, 986-88 N. Plymouth and 21 Bloss Street from R-3 Low-Medium Density Residential to PD#2 Upstate Milk Cooperative. Amend the Current Plan for MIPD#4 by designating the district as PD#2 Upstate Farms Cooperative, modify regulation of the plan and establish sub-areas A and B within PD#2 for the purpose of controlling future expansions of the Upstate Farmsʼ facilities. The amendments have been requested by Upstate Farms Cooperative, Inc., which operates a dairy cooperative at 45 Fulton Avenue. The dairy plant with related loading facilities, freezers, accessory storage silos, and accessory parking lots currently comprise the MIPD#4 District. The applicant proposes to enlarge the district and establish two (2) sub-areas with the intention of controlling future expansions of the Upstate facilities. A 6,200 square feet dry storage warehouse is proposed in Sub-Area A to accommodate a recently awarded contract with Wegmans. Sub-Area B will be used for future expansion. The Planning Commission held an informational hearing on the proposed amendments on April 8, 2002. The Commission recommended approval by a vote of 5-0 Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, The Director of Zoning, as lead agency, has determined that the proposed action will not result in any significant effects and has issued a negative declaration. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-47 Ordinance No. 2002-122

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TUESDAY, MAY 14, 2002 (Int. No. 158)

Changing The Zoning Classification Of 960-986 North Plymouth Avenue And 21 Bloss Street From R-3 Low Medium Residential To Planned Development PD#2-Upstate Farms Cooperative, Inc. And Redesignating MIPD#4-Upstate Milk Cooperative As Planned Development PD #2-Upstate Farms Cooperative, Inc. And Amending The Current Plan 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 960-986 North Plymouth Avenue and 21 Bloss Street, from R-3 Low Medium Residential to Planned Development PD#2-Upstate Farms Cooperative, Inc.:

The following uses are permitted as of right in the PD #2 District: (1)

Wholesale establishments.

(2)

Automobile repair

(3)

Building materials storage and sales including lumber, heating equipment, hardware plumbing supplies, roofing, cement blocks and similar material.

(4)

Truck storage subject to the following condition: (a)

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 North Plymouth Avenue and the centerline of Bloss Street; Thence 1) Easterly along the centerline of Bloss Street a distance of 369 feet more or less to the centerline of Fulton Avenue; Thence 2) Southerly along the centerline of Fulton Avenue a distance of 570.7 feet more or less to the centerline of Lorimer Street; Thence 3) Westerly along the centerline of Lorimer Street a distance of 340 feet more or less to the centerline of North Plymouth Avenue; Thence 4) Northerly along the centerline of North Plymouth Avenue a distance of 731 feet more or less to the point or place of beginning and the centerline of Bloss Street. Section 2. The Council hereby redesignates MIPD#4-Upstate Milk Cooperative as Planned Development PD#2-Upstate Farms Cooperative, Inc., and designates the parcel in MIPD#4 as Subarea A and the parcels rezoned herein as Subarea B of PD#2.

Refuse trucks: (1)

Trucks shall be stored in a completely enclosed building, which shall have no openings facing any adjacent residentially zoned or developed property other from stationary insulated glass windows.

(2)

No trucks containing refuse shall be stored on premises.

(3)

All such uses located on a residential district boundary shall be subject to site plan review.

(5)

Electroplating and mirror-silvering operations.

(6)

Fuel storage.

(7)

Industrial medical clinics.

(8)

Laboratories, experimental and testing; provided, however, that all experimental and test work shall be performed within a completely enclosed building.

(9)

Laundries, dry-cleaning and dyeing establishments occupying a total floor area of not more than 10,000 sq. ft.

(10) Machine shops. (11) Manufacturing:

Planned Development District #2 Upstate Farms Cooperative, Inc.

a) Automotive and aircraft parts and accessories; b) Bakery goods, candy, ice cream and other food products, but not including the processing of sauerkraut, vinegar and yeast, the growing of mushrooms or the rendering of fats and oils. Retail sales of foods manufactured or processed on the premises shall be permitted, but the floor area devoted to such retail sales shall not except the floor area devoted to manufacturing and processing.

A. Purpose:

c) Furniture, metals and wood.

Section 3. The Council hereby amends the Current Plan for MIPD#4-Upstate Milk Cooperative to read as follows and adopts it as the Current Plan for Planned Development PD#2:

The PD District is intended to permit the creation of a defined area for the unified and orderly development of compatible industrial uses. The district allows flexibility in planning and development and provides a process for evaluating plans to assure compatibility with adjacent nonindustrial district. B. Permitted Uses:

d) Ice. e) Metal and rubber-stamps, stencils, badges, jewelry, toys and novelties. f)

Musical instruments.

g) Office equipment.

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TUESDAY, MAY 14, 2002 h) Photographic equipment (excluding film).

f)

i)

g) Steel fabrication or metal foundries.

j)

Pottery, figurines and other ceramic products using previously ground or treated minerals and earths. Professional and scientific instruments.

k) Radio, radar, television, electrical and electronic equipment. l)

Small appliances.

m) Tobacco products. n) Wood products.

Enameling, lacquering and galvanizing processes.

h) Storage of matches, explosives, fireworks or other pyrotechnic devices. i)

Sports arenas.

j)

Animal crematories, slaughterhouses, stockyards or feeding pens.

k) Incinerators. l)

Sewage treatment plants.

o) Glass from raw materials.

m) Adult bookstores and adult entertainment establishments.

p) Wine, beer, liquor or other alcoholic beverages.

n) Hotels and motels.

12) Motion-picture productions.

o) Garbage, offal or dead animal reduction or incineration.

13) Packing and crating services.

p) Gas manufacturing plants.

14) Plastics injection molding operations.

q) Petroleum refineries.

15) Plumbing shops.

r)

16) Printing and publishing.

s) Distillation of petroleum, tar, coal, wood or bones.

17) Residential uses. 18) Rug and carpet cleaning. 19) Sheet-metal shops for heating and ventilating equipment. 20) Storage buildings and warehouses.

t)

Junkyards.

Fat and tallow rendering.

u) Grain and poultry feed processing. v) Lumber and planing mills. w) Manufacture of:

21) Trade or technical schools.

(1)

22) Wholesale produces, vegetable and fruit markets.

(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

23) Utility power generating plants. 24) Drive-in theaters. 25) Commercial uses. 26) Daycare centers. 27) Dairies and soft drink and other beverage bottling plants. C. Prohibited Uses 1. Uses prohibited completely. The following uses are expressly prohibited in the PD #2 District: a) Automobile sales. b) Animal hospitals, clinics and kennels. c) Batch mixing of cement, concrete or asphalt or rock and stone crushing mills. d) Carnivals, circuses and similar temporary amusements enterprises. e) Construction equipment rental, sales and storage yards.

Disinfectants, insecticides or poisons. Paint, shellac, varnish or enamel. Paper or pulp. Rubber or tires. Soap. Asbestos products. Iron products. Rubber products. Acetylene. Cement, lime or gypsum. Coke or charcoal.

x) Metal stamping or forging. y) Public transit service yards, railroad freight yards or railroad shops. z) Tanneries. D. Accessory Uses and Structures: Accessory uses and structures are permitted in the PD #2 district, subject to any limitations for such set forth in the Zoning Ordinance. E. Bulk, spaces and yard requirements. The building height, lot, open space and yard dimension requirements applicable in the PD District #2 are as follows: (1) Maximum height: forty feet (40ʼ).

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TUESDAY, MAY 14, 2002

(2) Minimum yard requirements. (a) Plymouth Avenue:

twenty (20) feet.

(b) Fulton Avenue:

twenty (20) feet.

(c) Bloss Street:

twenty (20) feet.

(d) Lorimer Street:

twenty (20) feet.

(3) FAR (a) Sub-Area A:

none.

(b) Sub-Area B:

4300 square feet (11%)

F. Minimum District Size: (1) Minimum District Size: 3.67 acres. G. Parking and Loading Requirements: Off-street parking and loading requirements in the PD #2 District shall be those set forth in the Zoning Ordinance; however, the parking spaces located at 48-52 Fulton Avenue may be used to satisfy district parking requirements. H. Signs Signs regulations applicable in the PD #2 District are set forth in the Zoning Ordinance. I. Procedures City Council may modify the standards of this District in accordance with provisions set forth in the Zoning Ordinance. Section 4. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-123, 2002-124, And 2002-125 Re: Consolidated Community Development Plan/2002-03 Draft Annual Action Plan Transmitted herewith for your approval is legislation relating to the Consolidated Community Development Plan/2002-03 Draft Annual Action Plan. The legislation will:

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 action plan is based on the 2002-03 Consolidated Community Development Program. It covers the period from July 1, 2002 to June 30, 2003. 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 provides for the allocation of $18,958,000. Community Development Block Grant HOME Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS City Development Fund Total

$13,363,000 3,917,000 412,000 566,000 700,000 $18,958,000

Under the plan, the following funds are provided for activities that address the following objectives: Amount

Percent Of Total

950,100 3,678,700 11,324,200 2,379,600 625,400 $18,958,000

5% 19 60 13 3 100%

Objective Support NBN Economic Stability Housing Stock Community Needs Other Total

$

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. The draft plan was presented to the Council earlier this month. It is recommended that the draft plan be modified by reducing the allocation for the Lead Hazard Remediation program by $1,588,000 and increasing the allocation for the Rochester Rehab Program by the same amount. The modification recognizes the logistical constraints in implementing the former program and the continued needs of the former program. A public hearing on the plan is required. Respectfully submitted, William A. Johnson, Jr. Mayor

1. Approve the 2002-03 Draft Annual Action Plan with one modification;

Ordinance No. 2002-123 (Int. No. 145)

2. Authorize the submission of the modified plan to the U.S. Department of Housing and Urban Development and the execution of any grant agreements; and

Authorizing Submission Of The Consolidated Community Development Program/2002-03 Annual Action Plan And Execution Of The Grant Agreement With The United States Department Of Housing And Urban Development

3. Approve the appropriation and the use of Urban Development Action Grant principal and interest repayments projected to be received during the 2002-03 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

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to submit a Consolidated Community Development Program/2002-03 Annual Action Plan to the United States Department of Housing and Urban Development. The Mayor is hereby further authorized to execute a

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TUESDAY, MAY 14, 2002 grant agreement with the United States Department of Housing and Urban Development for the Program Year beginning July 1, 2002. Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-124 (Int. No. 146) Appropriation Of Funds For The City Development Fund

Section 1. The Council hereby adopts the Draft Consolidated Community Development Program/2002-03 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.

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. As part of the Consolidated Community Development Program/2002-03 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. Ordinance No. 2002-125 (Int. No. 147) Approving The Consolidated Community Development Program/2002-03 Annual Action Plan WHEREAS, there is pending before this Council the Draft Consolidated Community Development Program/2002-03 Annual Action Plan to be financed with $18,958,000 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 was prepared according to a Citizen Participation Plan and reflects public comments and consultations; and WHEREAS, the Administration has modified the proposed plan by transferring $1,588,000 from the Lead Hazard Reduction Program to the Rehab Rochester Program; 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 Consolidated Community Development Program/2002-03 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:

By Councilmember Stevenson May 14, 2002 To the Council: The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 134 - Establishing $30,000 As Maximum Compensation For A Professional Services Agreement With Andrea Whitcomb For The Continuation Of The “Greta Program” Int. No. 135 - Authorizing An Agreement With The Rochester-Genesee Regional Transportation Authority For The Refueling Of City Vehicles Int. No. 136 - Establishing $50,000 As Maximum Compensation For A Professional Services Agreement With Greater Rochester Metro Chamber Of Commerce, Inc. For Highway Beautification Project The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation: Int. No. 157 - Amending The Official Map By Abandonment Of A Portion Of Newbury Street District Int. No. 166 - Authorizing Additional Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project The following entitled legislation is being held in committee: Int. No. 159 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $230,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Port Access Roads And Infrastructure Improvements Project Int. No. 160 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $110,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Port Access Roads And Infrastructure Improvements Project Int. No. 161 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $360,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Port Access Roads And Infrastructure Improvements Project Int. No. 162 - Authorizing Agreements And Appro-

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TUESDAY, MAY 14, 2002

priating Funds For The Port Access And Infrastructure Improvements Project Int. No. 163 - Amending The Official Map By Dedicating Parcels To Street Purposes As A Part Of The Port Access Roads And Infrastructure Improvements Project Respectfully submitted, Robert J. Stevenson Brian F. Curran Tony M. Thompson Gladys Santiago (Voted on Intro. No. 157 through Intro. No. 166.) PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen:

Section 1. The sum of $30,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Andrea Whitcomb for the continuation of the “Greta Program”. Said amount shall be funded from the 2002-03 budget of the Department of Environmental Services, contingent upon approval of said budget. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-127 Re: Agreement - RGRTA, Vehicle Fueling R2010: Campaign 7 - Quality Service

Ordinance No. 2002-126 Re: Agreement - Andrea Whitcomb, “Greta Program” R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation authorizing an agreement with Andrea Whitcomb, 91 Sunset Drive, for the continuation of the “Greta Program”. The maximum cost of this agreement will be $30,000, which will be financed from the 2002-03 budget of the Department of Environmental Services. The “Greta Program” is an educational effort designed to increase the awareness of youth to the problems of litter and graffiti and the benefits of refuse recycling. Its principal components are performances, workshops, school classroom visits and presentations at City recreation centers and community events. Ms. Whitcomb, as Greta, has presented the program since 1989. The most recent agreement with Ms. Whitcomb was authorized by the City Council on May 15, 2001. During 2001-02, the program has been presented to over 4,200 youths through 200 performances at city schools, libraries, recreation centers, and neighborhood events. In addition, over 2,000 adults and children have seen Greta at special events at High Falls, the Museum Science Fair, and the Lilac Parade. Under the proposed agreement, during 2002-03, Ms. Whitcomb will provide 300 performances and workshops. The cost per performance ($100) will remain the same. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-126 (Int. No. 134) Establishing $30,000 As Maximum Compensation For A Professional Services Agreement With Andrea Whitcomb For The Continuation Of The “Greta Program” BE IT ORDAINED, by the Council of the City of Rochester as follows:

Transmitted herewith for your approval is legislation authorizing an agreement with the RochesterGenesee Regional Transportation Authority for the continued refueling of City vehicles at the RGRTA facility at 1372 E. Main Street. Such an agreement is authorized by section 110-o of the NYS General Municipal Law. The original agreement with RGRTA for vehicle fueling services was authorized by the City Council in 1998. Under this agreement, during 2001, RGRTA dispensed 169,105 gallons of fuel to City vehicles at a cost of $160,606. Under the proposed agreement, RGRTA will continue to dispense fuel at a cost equivalent to the actual cost of the fuel plus an administrative and service fee of $.16 per gallon. The fee is $.01 more than the fee authorized by the present agreement. Even with the increase in the fee, the cost of refueling by RGRTA is 6.8-9.3 cents less than the cost of refueling by Sunoco, with which the City has a charge agreement. Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2002-127 (Int. No. 135)

Authorizing An Agreement With The RochesterGenesee Regional Transportation Authority For The Refueling Of City Vehicles BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester-Genesee Regional Transportation Authority (RGRTA) whereby RGRTA shall provide for the continued refueling of City vehicles on the east side of the City. The agreement shall obligate the City to reimburse RGRTA for the actual cost of the fuel and pay an administrative and service charge of $.16 per gallon. The agreement may extend for one year, with two additional one year renewal options. Said amounts shall be funded from the annual budgets for this purpose. Section 2. The agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate.

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TUESDAY, MAY 14, 2002 Section 3. This ordinance shall take effect immediately.

Re: Abandonment of A Portion of Newbury Street

Passed unanimously.

R2010: Campaign 9 - Healthy Urban Neighborhoods

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-128 Re: Agreement - Chamber of Commerce, Highway Beautification Project R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with the Greater Rochester Metro Chamber of Commerce, Inc., 55 St. Paul Street, for the continued financial support by the City of the Highway Beautification Project. The maximum cost of this agreement will be $50,000, which will be financed from the 2002-03 budget of the Department of Environmental Services. The beautification project was initiated in 1990 as a public/private collaborative effort to improve the appearance of the Inner Loop and the portion of route I-490 between the Erie Canal on the west and “can of worms” on the east. Since its inception, the project has been administered by the Chamber. The project involves the cleaning, trimming, mowing and landscaping of the sides and medians of the aforementioned highways, a total distance of eight miles, between April and October 31 of each year. The work is performed by private contractors, State and City crews, inmates from the Monroe County jail, and volunteers. The cost of the proposed agreement is the same as the cost of the prior agreement. A similar agreement, for continued financial support from the County, was approved by the Legislature on March 12. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-128 (Int. No. 136) Establishing $50,000 As Maximum Compensation For A Professional Services Agreement With Greater Rochester Metro Chamber Of Commerce, Inc. For Highway Beautification Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and the Greater Rochester Metro Chamber of Commerce, Inc. for the continued financial support of the Highway Beautification Project. Said amount shall be funded from the 2002-03 budget of the Department of Environmental Services, contingent upon approval of said budget. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-129

Transmitted herewith for your approval is legislation amending the Official Map by the abandonment of a portion of Newbury Street. The abandonment has been requested by Pinecrest Associates, which owns the lot directly to the south of the proposed abandonment area. The Pinecrest property is occupied by a warehouse with some office space and limited parking. Pinecrest is seeking the abandonment of the 60ʼ by 200ʼ section of Newbury Street and is further seeking to acquire a 50ʼ by 200ʼ section of adjacent property owned by Newbury Associates. The parcels will be combined with their existing parcel in order to provide adequate parking for the existing use. The City Planning Commission held an informational hearing on April 8, 2002. The Commission recommended approval of the abandonment by a vote of 5-0. The City Engineer will require that certain easements and improvements be completed as a condition of the abandonment. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, the proposed action will not result in any significant adverse environmental impacts and a negative declaration has been issued. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-48 Ordinance No. 2002-129 (Int. No. 157) Amending The Official Map By Abandonment Of A Portion Of Newbury 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-described property, heretofore dedicated to street purposes and constituting a portion of Newbury Street: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York, and being more particularly described as follows: Beginning at a point said point being the northeast corner of lands now or formerly owned by Pinecrest & Associates filed in the Monroe County Clerkʼs Office in Liber 6532 at page 348, at its intersection with the westerly right-of-way of Newbury Street. Thence 1) N 0° 02ʼ 15” W a distance of 60 feet to a point on the southerly boundary line of lands owned now or formerly by Pinecrest & Associates on file in the Monroe County Clerkʼs Office in Liber 5650 of deeds at page 337; Thence 2) S 89° 39ʼ 00” W along the south-

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TUESDAY, MAY 14, 2002 erly line of lands now or formerly Pinecrest & Associates a distance of 200.59 feet to a point in the easterly right-of-way line of LaGrange Avenue;

meeting the City asked for approval to remove up to five more trees than originally planned to allow the newly planned two foot pavement widening on either side of the mall. The Board reviewed and approved this request.

Thence 3) S 0° 02ʼ 15” E along the easterly right-of-way of LaGrange Avenue a distance of 60 feet to said point also being the northwest corner of lands described in Liber 6532 of deeds at page 56;

Upon completion of the bid process, when the cost of the new concrete poles and selected fixture have been ascertained, a petition will be circulated to show support for a proposed special assessment district to pay for additional cost of the lighting system. Once the petition is prepared and signed, the creation of a lighting enhancement district will be proposed to City Council.

Thence 4) N 89° 39ʼ 00” E along the north property line of lands described in Liber 6532 of deeds at page 56 a distance of 200.59 feet to the point or place of beginning containing 0.276± acres of land. 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 April 8, 2002. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-130 Re: Pavement Width Changes - Rundel Park R2010: Campaign 7 - Quality Services Transmitted herewith for your approval is legislation relating to the Rundel Park Public Improvement Project. The legislation will amend Ord. 2002-94, which approved a pavement width increase of one foot on either side of the median, by increasing the total pavement width increase to two (2) feet on either side of the median. The resulting pavement width will increase from 15ʼ to 17ʼ on each side of the median. As you will recall, City Council approved the prior legislation on April 16. At that time, the proposal involved narrowing the median by one (1) foot in each direction and removing three trees and the existing concrete light poles which would be unavoidably impacted by the median narrowing. The plan included installing a new City-owned light system; in addition, a mountable curb along the median with a one-and-one-half foot concrete strip behind this curb was planned. The Rochester Preservation Board reviewed and conditionally approved the project at their April 3, 2002 meeting. One of the conditions they imposed was that the mountable curb and concrete strip plan be eliminated from the plan in favor of a full height standard granite curb, with a widening of up to two (2) feet on either side of the mall. Since widening the pavement to 17ʼ would require the removal of more than the three trees originally approved, and since this was a change to the plans that had been presented to the neighborhood, an additional meeting was held with the neighborhood on April 17 to discuss the options. It was the general preference of those present that the 17ʼ pavement with full height curb was the preferred alternative. At the Rochester Preservation Boardʼs May 1, 2002

The pavement width change was endorsed by the Traffic Control Board at their May 7, 2002 meeting. Construction of Rundel Park is scheduled to begin in the summer of 2002 and be substantially completed in the fall of 2002. Public Information Meetings were held on August 22, 2000 and February 26, 2002. Minutes to these meeting have been previously forwarded to City Council. The minutes to the meeting with residents held on April 17, 2002 are attached. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-49 Ordinance No. 2002-130 (Int. No. 166) Authorizing Additional Increases In The Pavement Width Of Rundel Park As A Part Of The Rundel Park Public Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of one foot in the pavement width of Rundel Park on either side of the median, in addition to the one foot increase already approved in Ordinance No. 2002-94, from the current width of 15 feet on either side of the median to 17 feet, from University Avenue to Upton Court, as a part of the Rundel Park Public Improvement Project. Section 2. Such changes and additional changes as a part of the Rundel Park Public Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. Councilmember Stevenson moved to discharge Introductory No. 123 from committee. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 123 was introduced April 16, 2002, and appears in its original form with its transmittal letter on page 97 of the current Council Proceeding.

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TUESDAY, MAY 14, 2002 $700,000

Attachment No. AB-50. Councilmember Stevenson moved to amend Introductory No. 123. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Ordinance No. 2002-131 (Int. No. 123, As Amended) Authorizing Increases In The Pavement Width Of Lily Street As A Part Of The Lily Street Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves an increase of 6 feet in the pavement width of Lily Street, from 18 feet to 24 feet, from Magee Avenue to [Flower City Park, and an increase of 10 feet, from 18 feet to 28 feet, from Flower City Park to] Ridgeway Avenue, as a part of the Lily Street Improvement Project. Section 2. Such changes and additional changes as a part of the Lily Street Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Bracketed material deleted. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-132, 2002-133, 2002-134, 2002-135, And 2002-136 Re: Port of Rochester Harbor Improvement Project Port Access Roads And Infrastructure Improvements R2010: Campaigns 6 & 8 - Economic Vitality and Tourism Destination Transmitted herewith for your approval is legislation related to Port Access Road Improvements component of the Port of Rochester Harbor Improvement project. The legislation will: 1. Authorize appropriation of anticipated reimbursements in the amount of $1,502,000, from the Federal Highway Administration to partially finance the cost of construction of the Port Access Roads and Infrastructure Improvements; and 2. Authorize issuance of $700,000 of City bonds and appropriate of the proceeds thereof to partially finance the Port Access Roads and Infrastructure Improvements as follows: Port Water Sewer

4. Amend the Official Map by dedicating port access roads as official rights-of-way. The Port of Rochester Harbor Improvement Project includes the realignment of Beach Avenue east of Lake Avenue and the construction of the Beach Avenue Gateway improvements; the reconstruction of and extension of River Street from Stutson Street into the Port area; the reconstruction of Latta Road and Lighthouse Street, east of Lake Avenue; the construction of waterfront access improvements from River Street extending south to Petten Street; construction of a customs station/ferry terminal and ferry berthing facility; a transient marina and new pedestrian access along the river. The Port Access Roads and Infrastructure Improvements include new street construction providing access from Lake Avenue Easterly into the Port area, connecting to a segment of the River Street extension. Additionally, a segment street will provide access to the west side of the North Warehouse Building. On-street parallel parking will be provided on most street segments. Concrete sidewalks; decorative paving and lighting; and benches and trash receptacles are included in the project, consistent with the other improvements in the Port of Rochester Project. In addition to the street construction, new public (water, storm sewer, and sanitary sewer) and private (gas, electric, cable TV, telephone) utilities will be installed to support the anticipated economic development with the Port area.

Passed unanimously.

Category

3. Authorize a professional services agreement with LaBella Associates, 300 State Street, for resident project representation services during construction of the Port Access Roads and Infrastructure Improvements at a maximum cost of $299,000.

Total $230,000 110,000 360,000

The Port Access Roads and Infrastructure Improvement project was advertised for construction and bids were received on April 16th. The apparent low bid was submitted by DiFiore Construction, Inc., in the amount of $1,949,949, which is 25% less than the engineering estimate. An additional 15% will be allocated for other items not included in the construction contract and contingencies. The construction cost estimate is as follows: Category Port/Street Water Sewer Traffic Total

Construction Contingency Inspection Total $1,250,449 $191,360 89,039 11,960 588,604 95,680 21,857 917 $1,949,949 $299,917

$184,941 $1,626,750 25,277 126,276 92,808 777,092 1,108 23,882 $304,134 $2,554,000

The funding sources are as follows: Category Federal TEA-21 Demonstration Fund Local Share Bonds Cash Capital

Amount $1,502,000 700,000 352,000

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Total

$2,554,000

The City is eligible to receive reimbursements toward the local share up to $283,000 under the New York State Marchiselli Aid Program pending State Legislative approval. The proposed agreement with LaBella Associates, P.C. will provide for resident project representation services for the Port Access Roads and Infrastructure construction. LaBella Associates was selected in accordance with federal and state requirements, based on knowledge of the project and ability to perform within the time period specified by the City. It is anticipated that construction of the project will begin this spring. Substantial completion is anticipated by the fall of this year, with project finishes (signage, landscaping, etc.) completed in the spring of 2003. The Planning Commission held an informational meeting on April 8th concerning the proposed Official Map amendment, which, if approved, would subdivide 4752 Lake Avenue into two parcels; there was one (1) speaker who supported the amendment. The Commission recommended by a vote of 5-0-0 that the Official Map amendment be approved. A public hearing is required Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-51. Councilmember Stevenson moved to discharge Introductory No. 159 from committee. The motion was seconded by Councilmember Thompson. The motion was adopted unanimously. Ordinance No. 2002-132 (Int. No. 159) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $230,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Streets As A Part Of The Port Access Roads And Infrastructure 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 cost of the construction and reconstruction of certain streets as a part of the Port Access Roads and Infrastructure Improvements Project in the City, including the construction of new streets providing access from Lake Avenue easterly into the Port area and connecting to a segment of the River Street extension and providing access to the west side of the North Warehouse building (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 $1,626,750, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $230,000 bonds of the City to finance said appropriation, together with an appropriation from the Federal Highway Administration in the amount of $1,117,875 and $278,875 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 $230,000 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 or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied

TUESDAY, MAY 14, 2002 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 Stevenson moved to discharge Introductory No. 160 from committee. The motion was seconded by Councilmember Thompson. The motion was adopted unanimously. Ordinance No. 2002-133 (Int. No. 160) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $110,000 Bonds Of Said City To Finance The Reconstruction Of Various Water Mains In The City Related To The Port Access Roads And Infrastructure 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 cost of reconstruction of certain water mains related to the Port Access Roads and Infrastructure Improvements 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 $126,276, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $110,000 bonds of the City to finance said appropriation, together with an appropriation from the Federal Highway Administration in the amount of $13,706 and $2,570 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 $110,000 are hereby authorized to be issued, pursuant to the Constitution and laws of the State of New York, including the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), this Ordinance, and other proceedings and determinations related thereto.

Page 129 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 $110,000. 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

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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 Stevenson moved to discharge Introductory No. 161 from committee. The motion was seconded by Councilmember Thompson. The motion was adopted unanimously. Ordinance No. 2002-134 (Int. No. 161) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $360,000 Bonds Of Said City To Finance The Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Port Access Roads And Infrastructure 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 cost of construction and reconstruction of certain sewer improvements related to the Port Access Roads and Infrastructure Improvements Project in the City (the “Project”). The total estimated cost of said class of objects or purposes authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $777,092, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $360,000 bonds of the City to finance said appropriation, together with an appropriation from the Federal Highway Administration in the amount of $351,235 and $65,857 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 $360,000 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 $360,000. 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 class of objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued,

within the limitations of Section 11.00 a.4 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 Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0.

TUESDAY, MAY 14, 2002 Councilmember Stevenson moved to discharge Introductory No. 162 from committee. The motion was seconded by Councilmember Thompson. The motion was adopted unanimously. Ordinance No. 2002-135 (Int. No. 162) Authorizing Agreements And Appropriating Funds For The Port Access And Infrastructure Improvements Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $299,000, 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 Port Access Roads and Infrastructure Improvements Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $20,930 shall be funded from a Bond Ordinance for street improvements, $11,960 shall be funded from a Bond Ordinance for water improvements, $38,870 shall be funded from a Bond Ordinance for sewer improvements, $35,880 shall be funded from the 1999-2000 Cash Capital Allocation and $191,360 shall be funded from the appropriation made in Section 2. Section 2. There is hereby appropriated from anticipated reimbursements from the Federal Highway Administration the sum of $1,502,000, or so much thereof as may be necessary, to fund construction and construction inspection services for the Port Access Roads and Infrastructure Improvements Project. Section 3. This ordinance shall take effect immediately. Passed unanimously. Councilmember Stevenson moved to discharge Introductory No. 163 from committee. The motion was seconded by Councilmember Thompson. The motion was adopted unanimously. Ordinance No. 2002-136 (Int. No. 163) Amending The Official Map By Dedicating Parcels To Street Purposes As A Part Of The Port Access Roads And Infrastructure Improvements 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 parcel to street purposes, to be named at a later date: All that tract or parcel of land situated in the City of Rochester, County of Monroe, State of New York, and being more particularly bounded and described as follows:

Page 131 Beginning at a point in the easterly right of way for Lake Avenue, said point being southerly as measured along said right of way, a distance of 340.11 feet from the southerly right of way for Beach Avenue; Thence (1) S 18°08ʼ03” E a distance of 14.14 feet to a point; Thence (2) S 63°08ʼ15” E a distance of 271.11 feet to a point in the westerly right of way for the proposed new Street shown on Map #2, contained in Section 2 herein; Thence (3) S 26°51ʼ59” W along said westerly right of way a distance of 82.00 feet to a point; Thence (4) N 18°08ʼ08” W a distance of 22.63 feet to a point; Thence (5) N 63°08ʼ15” W a distance of 255.11 feet to a point; Thence (6) S 71°51ʼ57” W a distance of 14.14 feet, to a point in the aforementioned easterly right of way for Lake Avenue; Thence (7) N 26°52ʼ09” E a distance of 86.00 feet to the POINT OF BEGINNING; Containing 18,781 Sq. Ft., more or less. Section 2. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further amended by dedicating the following parcel to street purposes, to be named at a later date: All that tract or parcel of land situated 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 easterly right of way for Lake Avenue, said point being southerly as measured along said right of way, a distance of 340.11 feet from the southerly right of way for Beach Avenue: Thence (a) S 18°08ʼ03” E a distance of 14.14 feet to a point; Thence (b) S 63°08ʼ15” E a distance of 271.11 feet to the point of Beginning; Thence (1) S 63°08ʼ15” E a distance of 66.00 feet to a point; Thence (2) S 26°51ʼ59” W a distance of 698.58 feet to a point in the northerly boundary line of lands now or formerly of the County of Monroe; Thence (3) N 63°07ʼ15” W along said northerly boundary line a distance of 66.00 feet to a point; Thence (4) N 26°51ʼ59” E a distance of 698.56 feet to the POINT OF BEGINNING; containing 46,106 Sq. Ft., more or less. Section 3. Chapter 76 of the Municipal Code, Official Map or Plan, as amended, is hereby further

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amended by dedicating the following parcel to street purposes, to be named at a later date:

The following entitled legislation is being held in committee:

All that tract or parcel of land situated in the City of Rochester, County of Monroe, State of New York, and being more particularly bounded and described as follows:

Int. No. 137 - Authorizing Agreements And Appropriating Funds For Human Services Projects

Beginning at a point in the easterly right of way for Lake Avenue, said point being southerly as measured along said right of way, a distance of 983.53 feet from the southerly right of way for Beach Avenue: Thence (1) S 18°08ʼ55” E a distance of 14.14 feet to a point; Thence (2) S 63°10ʼ00” E a distance of 255.14 feet to a point; Thence (3) N 71°51ʼ00” E a distance of 22.63 feet to a point in the westerly right of way for the proposed new Street shown on Map #2, contained in Section 2 herein; Thence (4) S 26°51ʼ59” W along said westerly right of way a distance of 71.29 feet to a point in the northerly boundary line of lands now or formerly of the County of Monroe; Thence (5) N 63°07ʼ15” W along said northerly boundary line a distance of 110.22 feet to an angle point; Thence (6) S 27°52ʼ56” W along the westerly boundary line of lands now or formerly of the County of Monroe a distance of 10.81 feet to a point; Thence (7) N 63°10ʼ00” W a distance of 160.72 feet to a point; Thence (8) S 71°51ʼ05” W a distance of 14.15 feet to a point in the aforementioned easterly right of way for Lake Avenue; Thence (9) N 26°52ʼ09” E along said right of way a distance of 86.00 feet to the POINT OF BEGINNING, containing 17,596 Sq. Ft., more or less. Section 4. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Douglas May 14, 2002 To the Council: The Public Safety, Services & The Arts Committee recommends for adoption the following entitled legislation: Int. No. 138 - Authorizing A Grant Agreement For The Arts, Recreation & Tutoring Project And Amending The 2001-02 Budget Int. No. 139 - Establishing $50,000 As Maximum Compensation For A Professional Services Agreement For Fireworks

Respectfully submitted, Benjamin L. Douglas Robert J. Stevenson Tony M. Thompson Gladys Santiago PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-137 Re: Arts, Recreation and Tutoring Project R2010: Campaign 2 - Educational Excellence Transmitted herewith for your approval is legislation relating to the Arts, Recreation and Tutoring Project. This legislation will: 1. Authorize the receipt of a grant of $11,230 from the Rochester Area Community Foundation; and 2. Increase the 2001-02 budget of the Department of Parks, Recreation and Human Services by $5,600 to reflect the amount to be expended during the current fiscal year. The project is intended to provide creative cultural opportunities, leisure activities and educational assistance to youths, ages 10 to 17. The services are provided at recreation centers or on field trips. The proposed grant will be used for the following purposes. 1. Tutoring - Currently, staff at the centers provide assistance with respect to homework assignments. This assistance will be supplemented with tutoring by teachers who participate in the Dial-A-Teacher program. The tutoring will be specifically directed towards preparation for state, advanced placement and final examinations. 2. Leadership Development - Older youth participating in the project will be encouraged to assume leadership roles and assist staff in art and cultural instruction. 3. Field Trips - The art and cultural instruction will be complemented with field trips to cultural institutions and artist studios. The remaining amount of the grant will be included in the proposed 2002-03 budget. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-137 (Int. No. 138) Authorizing A Grant Agreement For The Arts, Recreation & Tutoring Project And Amending The

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TUESDAY, MAY 14, 2002 2001-02 Budget BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to and enter into an agreement with the Rochester Area Community Foundation for funding for the Arts, Recreation & Tutoring Project. Section 2. Ordinance No. 2001-215, the 2001-02 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 $5,600, which amount is hereby appropriated from funds to be received under the grant agreement authorized herein. 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. 2002-138 Re: Agreement - Young Explosives, Fireworks Display R2010: Campaign 10 - Center City

Saphar & Associates, Inc. Wegmans The Entercom Radio System will simulcast the event on four stations. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-138 (Int. No. 139) Establishing $50,000 As Maximum Compensation For A Professional Services Agreement For Fireworks BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $50,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Young Explosives for a Fourth of July aerial fireworks display. Of said amount, $7,000 shall be funded from the 2001-02 Budget of the Department of Parks, Recreation and Human Services and $43,000 shall be funded from the Rochester Events Network. Section 2. This ordinance shall take effect immediately. Passed unanimously. Councilmember Douglas moved to discharge Introductory No. 71 from committee.

Transmitted herewith for your approval is legislation authorizing an agreement with Young Explosives, 4 Butternut Drive, for the provision of an aerial fireworks display on July 4, Independence Day. The maximum cost of this agreement will be $50,000, which will be financed from the 2001-02 budget of the Department of Parks, Recreation and Human Services and the Rochester Events Network Trust Fund.

The motion was seconded by Councilmember Griswold.

The City has provided a fireworks display to celebrate Independence Day for 25 years. However, because of the tragic events of September 11, the commemoration of the freedom and courage of Americans will be particularly important this year.

Attachment No. AB-52.

As a result, the annual fireworks display will be expanded significantly. It will be equivalent to the display provided to celebrate the millennium, which included approximately 6,200 special effects and 3,700 shells. To finance the additional cost of the display, donations have been solicited from various local businesses. To date, $24,000 has been received from: Bergmann Associates, Inc. Blitman & King Blue Cross/Blue Shield of Greater Rochester Centra Financial Group Citibank Clark Patterson Associates CP Ward, Inc. Independent Title Agency LeCesse Construction Company Manning & Napier Advisors, Inc. Metropolitan Funeral Chapels, Inc. Rel Comm, Inc. REMAX of New York, Inc.

The motion was adopted unanimously. Introductory No. 71 was introduced March 19, 2002, and appears in its original form with its transmittal letter on page 67 of the current Council Proceeding. Councilmember Douglas moved to amend Introductory No. 71. The motion was seconded by Councilmember Griswold. The motion was adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 7. Nays - Councilmember Mains - 1. Ordinance No. 2002-139 (Int. No. 71, As Amended) Authorizing [An] Amendatory Agreements For The Operation Of The BlueCross Arena At The War Memorial And The Court/Exchange Parking Lot And For Premium Seat Marketing And Management BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to

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enter into an amendatory agreement with SMG, Inc. for the operation of the BlueCross Arena at the War Memorial. The amendatory agreement may provide, retroactive to January 1, 2001, that SMG, Inc. be required to pay 50% of the total annual utility costs. [The amendatory agreement may also provide, beginning on July 1, 2002, for an annual incentive payment to SMG, Inc. not to exceed $75,000, based on increased ticket sales or utility cost reductions.] The Mayor is hereby further authorized to enter into an amendatory agreement with SMG, Inc. for the continued lease and operation of the Court/Exchange Parking Lot whereby SMG may increase parking rates commensurate with parking demand and retain 90% of the gross revenues above the current fee paid to the City of $311,584, with the remaining 10% being paid to the War Memorial Fund. Section 2. The Mayor is hereby further authorized to enter into an amendatory Premium Seat Marketing and Management Agreement with the Rochester Amerks, Inc. and SMG, Inc. to provide for a one time only ticket sales incentive payment to the Rochester Amerks, Inc. of $85,000, plus $.05 for each paid admission ticket sold for Rochester Amerks and Rochester Knighthawks games during the 2002/2003 season. Section 3. The amendatory agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.

Amending The User Fee For The BlueCross Arena At The War Memorial BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the establishment of an amendatory user fee of $1.25 to be applied immediately to all tickets with a face value of $5.00 or more and a user fee of $0.25 to be applied immediately to all tickets with a face value under $5.00 for events and activities taking place at the BlueCross Arena at the War Memorial on or after July 1, 2002. Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary for the collection of the user fee. 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. Underlined material added. Passed by the following vote:

Section [3] 4. This ordinance shall take effect immediately.

Ayes - President Giess, Councilmembers Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 7.

Bracketed material deleted; underlined material added.

Nays - Councilmember Mains - 1.

Passed by the following vote:

TO THE COUNCIL: Ladies and Gentlemen:

Ayes - President Giess, Councilmembers Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 7.

Introductory No. 137 Re: Human Services Program

Nays - Councilmember Mains - 1.

R2010: Campaign 3 - Health, Safety and Responsibility

Councilmember Douglas moved to discharge Introductory No. 72 from committee.

Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for various human services projects.

The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 72 was introduced March 19, 2002, and appears in its original form with its transmittal letter on page 67 of the current Council Proceeding.

Organization Project

Amount

Northeast Neighborhood Alliance Summer on the City Farm

$48,900

Attachment No. AB-52.

YMCA Reidman Summer Science and Technology Camp

20,000

Councilmember Douglas moved to amend Introductory No. 72.

Cameron Community Ministries Northwest Youth Programs

32,000

The motion was seconded by Councilmember Griswold.

Rochester Community Foundation Quad A for Kids

12,500

The motion was adopted by the following vote:

The cost of the agreements will be financed from the General Community Needs allocation of the 2001-02 Community Development Block Grant.

Ayes - President Giess, Councilmembers Douglas, Griswold, Norwood, Santiago, Stevenson, Thompson - 7. Nays - Councilmember Mains - 1. Ordinance No. 2002-140 (Int. No. 72, As Amended)

All of the projects are considered projects with matching funds and are therefore eligible for up to five years of funding under the human services funding guidelines approved by the City Council in June, 1981. The first two agreements each represent the third year of funding, while the last two agreements respectively represent the second and first years of funding.

Page 135

TUESDAY, MAY 14, 2002 Project descriptions and budgets are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Introductory No. 137 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

Amount

Northeast Neighborhood Alliance Summer on the City Farm

$48,900

YMCA Reidman Summer Science and Technology Camp

20,000

Cameron Community Ministries Northwest Youth Programs

32,000

Rochester Community Foundation Quad A for Kids

12,500

Section 2. The agreements shall obligate the City to pay an amount not to exceed $113,400, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2001-02 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. Item held. By Councilmember Mains May 14, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: Int. No. 149 - Establishing Maximum Compensation For A Professional Services Agreement For Administration Of The General Liability Insurance Program Int. No. 150 - Approving The Lease Of 1030 Jay Street Int. No. 151 - Approving The 2002-03 Operating And Capital Budgets Of The Cultural Center Com-

mission Int. No. 154 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides And Authorizing An Agreement Int. No. 164 - Authorizing An Agreement For The Operation Of The Midtown Parking Garage Int. No. 165 - Local Law Validating The New York State Empire Zone (Formerly Known As A New York State Economic Development Zone) And Revising The Boundaries Of That Zone Int. No. 167 - Determining And Certifying Current Base Proportions, Current Percentages, And Base Percentages For The 2002 Assessment Roll Int. No. 168 - Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2002 Assessment Roll Int. No. 130 - 2001-02 Debt Resolution Int. No. 131 - Amending Bond Ordinance No. 2000-128 Relating To Sewer Improvements As A Part Of The 2000 Milling And Resurfacing And Residential Street Improvement Programs To Reduce The Amount Authorized And Appropriated Therein The Economic Development & Government Efficiency Committee recommends for consideration the following entitled legislation: Int. No. 148 - Approving Apportionment Of Taxes And Charges Int. No. 153 - Approving Change In Traffic Flow On Achilles Street From Liberty Pole Way To Stillson Street From One-Way Eastbound To One-Way Westbound Int. No. 155 - Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements The following entitled legislation is being held in committee: Int. No. 152 - Resolution Continuing The TaxExempt Policy For Privately Financed Parking Garages Respectfully submitted, Tim O. Mains Brian F. Curran Lois J. Giess (Voted on Intro. No. 153 through Intro. No. 131.) Gladys Santiago ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-141 Re: Agreement - Gallagher Bassett Services, General Liability Insurance Program Administration R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing an agreement with Gallagher Bassett

Page 136

TUESDAY, MAY 14, 2002

Services, Inc., 100 Allens Creek Road, for continued administration of the general liability insurance program. The general liability insurance program involves the review of all liability claims, the establishment of adequate reserves for possible settlement of claims, the processing of payments, and the maintenance of records and preparation of periodic management reports. It also involves the conduct of periodic safety surveys and the procurement of any required insurance. Historically, the City has contracted with private organizations for administration of this program. The current agreement for such administration, with Gallagher Bassett, was authorized by the Council on May 13, 1997. This agreement expires on June 30. Proposals for the provision of claims administration services beyond this date were solicited from seven organizations and through public advertisement. Gallagher Bassett submitted the only proposal and is recommended because of reasonable costs and satisfactory past performance. Under the proposed agreement, Gallagher Bassett will provide the services indicated above. Following is a summary of the maximum authorized charges for these services and actual expenditures during the past three years: Fiscal Year

Authorized Fixed Fee

Total

Variable Fee 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05

Actual Fees Paid

$60,210 $72,210 $12,000 $72,045 62,032 74,032 12,000 73,611 64,513 76,513 12,000 68,916* 58,410 72,658** 14,248 — 61,360 76,321** 14,961 — 64,310 80,018** 15,708 —

* Through December 31, 2001 ** Plus a per claim fee for number of claims exceeding 698 claims per year. In 1999-00 and 2000-01, the number of claims were 511 and 564, respectively. Fiscal Year

Fee

2002-03 2003-04 2004-05

$ 99 104 109

The agreement will have an initial term of three years with provision for renewal for two additional one year periods. Respectfully submitted, William A. Johnson, Jr. Mayor

istration Of The General Liability Insurance Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $228,997, or so much thereof as may be necessary, plus a per claim fee for annual claims exceeding 698, is hereby established as the compensation to be paid for a professional services agreement between the City and Gallagher Bassett Services, Inc. for continued administration of the General Liability Insurance Program. The agreement shall extend for a term not to exceed three years with options to renew for two additional one-year periods. The maximum amount of the agreement for the first year shall not exceed $72,658, plus $99 for each claim exceeding 698, which amounts shall be funded from the 2002-03 Budget for Undistributed Expense; for the second year not to exceed $76,321, plus $104 for each claim exceeding 698, which amounts shall be funded from the 2003-04 Budget for Undistributed Expense; and for the third year, $80,018, plus $109 for each claim exceeding 698, which amounts shall be funded from the 2004-05 Budget for Undistributed Expense; subject to approval of said budgets. The maximum amounts during the option years shall not exceed the amounts set forth for said purpose in the annual budgets. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-142 Re: Lease - 1030 Jay Street R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing the lease of 1030 Jay Street to the following entities: 1. 1040 Jay Street Associates (principal: John Christopher) 2. Jay Hague Properties (principals: Phillip Collins and Steve Anderson) The property, which is vacant land, will be subdivided. Each entity will lease half of the property, or approximately 27,000 square feet. 1040 Jay Street Associates owns the adjacent property at 1040 Jay Street. The property contains a 18,369 square foot facility that is occupied by Riverside Automation, a designer and manufacturer of specialized machines, controls and tooling. Jay Hague Properties owns the adjacent property at 485 Hague Street. The property contains a 40,000 square foot facility that is occupied by Woerner Industries, a manufacturer of wood furniture for religious organizations and printing production equipment.

Ordinance No. 2002-141 (Int. No. 149)

The leases will facilitate expansion of each company. Riversideʼs facilities will be expanded by about 10,000 square feet, while Woernerʼs facilities will be expanded depending on future business prospects.

Establishing Maximum Compensation For A Professional Services Agreement For Admin-

The companies presently employ approximately 60 people. The planned expansions are expected to result

Page 137

TUESDAY, MAY 14, 2002 in 30 new jobs. The leases will have initial terms of 10 years with provision for renewal for three additional 10 year periods. The annual rents will be as follows: Year 1-7 8 9-10

Amount $

1.00 4,993.00 5,000.00

These rents were established by Midland Appraisal Services and reflect the need for environmental remediation of the property, which was acquired through tax foreclosure. The remediation will occur in conjunction with the expansion projects, at an estimated cost of $35,000. Pursuant to the requirements of Article 8 of the NYS Environmental Conservation Law and Chapter 48 of the City Code, the proposed leases will not result in any negative effects. A negative declaration has been issued. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-53 Ordinance No. 2002-142 (Int. No. 150) Approving The Lease Of 1030 Jay Street BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the lease of approximately one-half of the parcel at 1030 Jay Street to 1040 Jay Street Associates and approximately one-half of the parcel to Jay Hague Properties, LLC, each for a term of ten years with three ten-year renewal options. Rent shall be at the rate of $1.00 for the first seven years, and a total of $4,993 for year eight and $5,000 for years nine and ten. Rent during option terms shall be increased by 10%. The tenants shall be responsible for environmental remediation on the parcel, site security, maintenance and a payment in lieu of real estate taxes. Section 2. The lease 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-143 Re: 2002-03 Budgets - Cultural Center Commission R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to the 2002-03 operating and capital budgets of the Cultural Center Commission. This legislation will: 1. Approve the budgets proposed by the Commis-

sion for the period from July 1, 2002 through June 30, 2003. 2. Authorize the Commission to approve during this period the transfer of capital budget appropriations not exceeding $10,000. The proposed budgets were approved by the Commission on April 9. 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 2002-03 is $540,002. Revenues Mortgage Income Net Property Maintenance Fund Less return of Mark IVʼs Block L Deposit Unused Balances 2001-02 Operating Budget 2001-02 Capital Budget Total

$ 28,334 78,807 (10,000) 5,843 437,018 $540,002

The Commission has proposed that $99,330 of this amount be appropriated for the 2002-03 operating budget and $714,978 for the capital budget. The proposed operating budget is $10 more than the 2001-02 budget. 2002-03 2001-02 Variance Salaries $75,769 $75,769 Employee Benefits 14,152 14,142 Personnel Services $89,921 $89,911 Supplies and Equipment 250 250 Contractual Expense 8,659 8,659 Contingency 500 500 Total $99,330 $99,320

$ 0 10 $10 0 0 0 $10

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 200203 will be reappropriated for the 2003-04 budget. General Purpose Streets/Open Space Maintenance Development Executive Design Annual Audit Total

Amount $ 17,586 391,651 25,035 6,400 $440,672

The authorization for the Commission to approve minor capital transfers is designed to facilitate operations. Similar authorization was approved by the Council on June 20, 2001 for the 2001-02 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 11.

Page 138

TUESDAY, MAY 14, 2002

Respectfully submitted, William A. Johnson, Jr. Mayo

$315,000. Of this amount, $5,365 will be financed from interest earnings and unused assessments from 2001-02. After an addition of a reserve for delinquent accounts of 5.6%, total assessments will be $319,943, which is $7,288 less than the 2001-02 assessment.

Attachment No. AB-54 Ordinance No. 2002-143 (Int. No. 151) Approving The 2002-03 Operating And Capital Budgets Of The Cultural Center Commission BE IT ORDAINED, by the Council of the City of Rochester as follows:

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.

Section 1. The Council hereby approves the 200203 Operating and Capital Budgets of the Cultural Center Commission as adopted in Cultural Center Commission Resolution No. 1 of 2002. 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.

Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Downtown Guides And Authorizing An Agreement

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 cost of the special work and services for the 2002-03 fiscal year for the Downtown Guides is established at $319,915, and said amount shall be allocated and levied in accordance with Local Improvement Ordinance No. 1352, as continued by Local Improvement Ordinance No. 1446.

TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1506 Re: Downtown Guides Program R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation relating to the Downtown Guides Program. This legislation will: 1. Approve the 2002-03 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 non-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 2002-03, the budget for the program will be

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-55 Local Improvement Ordinance No. 1506 (Int. No. 154)

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, 2002. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-144 Re: Agreement - Midtown Rochester Parking, Midtown Parking Garage R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation authorizing a two year agreement with Midtown Rochester Parking LLC, 211 Midtown Plaza, for operation and management of the Midtown parking garage. The Midtown garage contains 1,843 spaces on three levels. Traditionally, the garage, like other municipal garages, has been operated by private companies under agreements authorized by the City Council.

Page 139

TUESDAY, MAY 14, 2002 However, in 1999, the City assumed responsibility for operation of the garage because of the inability of Midtown Rochester, LLC, an affiliate of Arnold Industries, to develop an operating plan for Midtown Plaza, because of concern about the finances of the company, and because of a desire to avoid potential protracted litigation. As you are aware, such litigation, a bankruptcy proceeding, did indeed occur and was only recently concluded with assignment of the Midtown properties to Blackacre Capital, the mortgagor. Upon conclusion of the bankruptcy proceedings, proposals for private operation of the garage were solicited from 21 organizations, in an attempt to return to the traditional manner of operation. No proposals were received, presumably because of the low occupancy of both the retail and office spaces of the plaza. The City therefore negotiated with Midtown Rochester Parking, the entity that had been previously established to operate the garage, for management services. Under the proposed agreement... 1. Midtown Parking LLC will provide all personnel required for the operation of the garage, including cashiers, security guards and maintenance staff. It will also be responsible for all costs associated with materials and supplies, contractual services and insurance. The City will be responsible for electric cost and Downtown Guides/Enhancement charges. 2. Midtown will submit a monthly statement to the City indicating actual revenues and expenses and remit all operating profits. Following is a comparison of projected operating profits from the garage under City operation during 200102 and Midtown management during 2002-03. 2002-03 2001-02 Private City Operation Management Variance Adjusted Gross Revenue $1,457,000 $1,176,000 Operating Expense 1,135,000 1,030,530

$281,000

Operating Profit $ 322,000

$176,530

$ 145,470

104,470

The variance in adjusted gross revenue is associated with additional projected vacancies in Midtown Plaza and the relocation of 180 monthly customers to garages that are closer to their work locations. The variance in operating expense is associated with personnel costs. The City will receive $145,470 annually and 100% of all revenues in excess of $992,000 after sales tax. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-144 (Int. No. 164)

Section 1. The Mayor is hereby authorized to enter into an agreement with Midtown Rochester Parking, LLC for the operation of the Midtown Parking Garage for a term of two years. The agreement shall obligate Midtown Rochester Parking, LLC to pay to the City $145,470 annually, plus all revenues in excess of $992,000 (after deduction of sales taxes). Midtown Rochester Parking, LLC shall be responsible for paying all water consumption charges and Pure Waters capital charges/assessments, for providing all personnel required for operation of the garage, including cashiers, security guards and maintenance staff, and materials and supplies, contractual services and insurance. The City shall be responsible for Downtown Guides and Enhancement District charges, and for electric and heating costs. 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: Local Law No. 2 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 - up to two square miles or 1280 acres - in which special incentives may be provided to businesses that 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 the City Council on February 15, 1994. The boundaries of the zone were revised by the Council on October 14, 1994, July 27, 1997, December 19, 2000, May 15, 2001 and August 21, 2001. The present zone contains approximately 1209 acres. In December of 2000, the City of Rochester amended the boundaries of the Empire Zone to include a 20.88 acre site within the Town of Henrietta to accommodate the Corning Inc expansion project. Recently, Corning Inc has closed their facility in the Town of Henrietta. As a result, the Town of Henrietta passed a resolution authorizing the removal of Corning Inc. from the Rochester Empire Zone. This will give the City 20.88 acres to designate for development projects within the city. This proposed legislation will remove the 20.88 acres from the Empire Zone in the town of Henrietta and add the following project areas: Center City

Authorizing An Agreement For The Operation Of The Midtown Parking Garage

1. The Hyatt Hotel is projecting future investment of approximately $6,995,900

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

2. Sibley Center is projecting $30,000,000 of new investment and over 600 new jobs to be created and retention of 1115 jobs. This includes the Charter

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TUESDAY, MAY 14, 2002

One expansion of approximately $3,500,000 of new investment.

Economic Development Zone) And Revising The Boundaries Of That Zone

3. Midtown is projecting $10,000,000 of new investment, the creation of approximately 3000 new jobs and the retention of 1400. Additionally, the economic impact that the development of Midtown would bring to the entire downtown.

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

4. The Four Points Sheraton is projecting $5,000,000 in new investment. 5. The Crown Plaza Rochester is projecting approximately $1,765,500. 6. 130 East Avenue development could result in new investment of approximately $8,000,000 and the creation and retention of up to 150 jobs Special Projects The Port of Rochester Project is projecting approximately $20,000,000 in new investment with over 370 new jobs created. Approximately, $78,000,000 in public improvements are underway or planned and a high speed ferry service is expected to be implemented between Rochester and Toronto, Canada within the next two years.

Section 1. The New York State Empire Zone, as established in Ordinance No. 94-26, and subsequently amended by Ordinances No. 94-307, 97-273, 2000414, 2001-135 and 2001-304, is hereby validated and ratified. Section 2. The boundaries of the New York State Empire Zone are hereby amended by deleting the Corning, Inc. Empire Zone in the Town of Henrietta added in Ordinance No. 2000-414, and by adding new parcels so that the boundaries include all of the parcels set forth in the schedule on file with the City Clerk and incorporated herein. Section 3. 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 2. Section 4. This local law shall take effect immediately.

Neighborhood Commercial Development

Passed by the following vote:

1. West Main Street Commercial Revitalization - 115 new jobs and $4,000,000 in new investment.

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

2. North Clinton Avenue Development is projecting over $3,000,000 in new investment and 20-30 new jobs.

Nays - None - 0.

Industrial Development

TO THE COUNCIL: Ladies and Gentlemen:

1. JML Optical is projecting 25 new jobs, 85 retained, new equipment acquisition and a 20,000 square foot addition.

Ordinance No. 2002-145 And Ordinance No. 2002-146 Re: Tax Apportionment Assessment Classes

2. Rochester Bronze & Aluminum is projecting approximately $2,000,000 in new investment and the creation of 30 new jobs. 3. Hickey Freeman is studying a potential rehabilitation of their existing facility on N. Clinton Avenue to make it more cost efficient. They now have 535 employees and there is a potential for new investment and job creation in addition to the retention of their existing jobs. As a result of this legislation, the above projects will be added to the zone and 20.88 acres in the town of Henrietta will be removed. The total acreage being added to the Empire Zone totals approximately 69.01 acres bringing the total acreage to approximately 1258.06 acres. The legal description of the revised Empire Zone boundaries is on file in the City Clerkʼs Office. Respectfully submitted, William A. Johnson, Jr. Mayor

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 2001 data. The second is the calculation of the adjusted base proportions using 2001 and 2002 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

Attachment No. AB-56 Local Law No. 2 (Int. No. 165) Local Law Validating The New York State Empire Zone (Formerly Known As A New York State

.4101439 .5898561 1.0000000

In comparison, the new adjusted base proportions are as follows: Homestead Non-Homestead Total

.4103720 .5896280 1.0000000

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TUESDAY, MAY 14, 2002

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 Attachment No. AB-57 Ordinance No. 2002-145 (Int. No. 167) Determining And Certifying Current Base Proportions, Current Percentages, And Base Percentages For The 2002 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 2002 assessment roll as follows: Homestead Class Current base proportions 41.01439% Current percentage 59.4599% Base percentage 52.0355%

Non-Homestead Class 58.98561% 40.5401% 47.9645%

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 by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. Ordinance No. 2002-146 (Int. No. 168) Determining And Certifying Adjusted Base Proportions, Assessed Value, And Net Changes In Assessed Value For The 2002 Assessment Roll

Net change in assessed value from 2001 resulting from physical and quantity changes -3,580,400

+19,495,959

Net change in assessed value from 2001 resulting from other than physical and quantity changes -9,430,050

-14,393,000

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. Introductory No. 130 was introduced April 16, 2002, and appears in its original form with its transmittal letter on page 109 of the current Council Proceedings. Attachment No. AB-58 Resolution No. 2002-11 (Int. No. 130) 2001-02 Debt Resolution Adopted unanimously. Introductory No. 131 was introduced April 16, 2002, and appears in its original form with its transmittal letter on page 110 of the current Council Proceeding. Attachment No. AB-58 Ordinance No. 2002-147 (Int. No. 131) Amending Bond Ordinance No. 2000-128 Relating To Sewer Improvements As A Part Of The 2000 Milling And Resurfacing And Residential Street Improvement Programs To Reduce The Amount Authorized And Appropriated Therein Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. TO THE COUNCIL: Ladies and Gentlemen:

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

Ordinance No. 2002-148 Re: Apportionment of Taxes and Charges

Section 1. Under Section 1903 of the Real Property Tax Law, the Council determines the adjusted base proportions, assessed value, and net change in assessed value for the Cityʼs 2002 assessment roll as follows:

R2010: Campaign 7 - Quality Service

Homestead Class

Non-Homestead Class

Adjusted base proportion .4103720

.5896280

Taxable assessed value 2,802,698,471

1,910,568,947

Transmitted herewith for your approval is legislation authorizing the apportionment of taxes and charges for 40 properties. This apportionment has been certified by the Assessor and is authorized by section 6-78 of the City Charter. The apportionment consists of City and School taxes and special district charges on properties subdivided or combined in 2001-02. These taxes and charges, which total $202,010.59, will be added to the new accounts established by the subdivision or combination of the former accounts.

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If the proposed apportionment is approved, the taxes and charges will be added to the July, 2002 tax bills of the new accounts. Owners of the subdivided or combined properties will be notified in writing of the potential charges in May. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-59 Ordinance No. 2002-148 (Int. No. 148) 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 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 17, 2002, 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. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-149 And Resolution No. 2002-12 Re: Temple Building Development R2010: Campaign 10 - Center City

The program was initially approved by the City Council on October 15, 1985. It was modified on June 16, 1987, extended on February 18, 1992, and further modified and extended on December 17, 1996. It expired on December 31, 2000. Since the program began, exemptions have been provided for the following parking garages. Year ment Property

Exemption

Taxable AssessParking Spaces

1986 $2,600,000 Corporate Place 1990 5,000,000 Clinton Square 1997 835,000 Sheraton Four Points

700 390 400

$ 280,000 -01,415,000

The exemption applies only to properties owned by the County of Monroe Industrial Development Agency and only to the assessed value of the improvements relating to the garage. It has a maximum duration of 20 years. Extension of the program for an additional five years is recommended since there has been little change in the conditions upon which the program was based. Parking deficiencies continue to exist and the cost of construction of parking garages continues to be significant. If the program is extended, the garage improvements in the Temple Building would be eligible for the exemption. Since the estimated assessed value of these improvements is $225,000, the revenue loss associated with the exemption would be approximately $9549, based on 2001-02 tax rates. Traffic Direction Change

Transmitted herewith for your approval is legislation relating to the renovation of the Temple Building. This legislation will:

The proposed change in traffic direction is required to accommodate an exit from the planned underground garage. The change is supported by 100% of the property owners on Achilles Street.

1. Extend the tax incentive program for private parking garages; and

The Traffic Control Board endorsed the change in direction on April 16. A public hearing on the change is required.

2. Approve a change in the direction of traffic on Achilles Street, from one- way eastbound to one-way westbound. The Temple Building, at 14 Franklin Street, has 14 floors, six of which are currently occupied. The renovation project involves improvements to the retail space on the first floor, renovation of the other seven floors of the building as office space or residential units, and construction of a 70-80 space parking garage in the basement. Tax Incentive Program The tax incentive program for parking garages is designed to promote economic development in the center city and specifically to encourage a more intensive use of land without a significant commitment of City funds. The program reflects a recognition of the significant costs associated with the construction of parking garages by private organizations and the ability of most suburban jurisdictions to provide adequate amounts of land for alternative, less costly surface parking lots.

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-60 Ordinance No. 2002-149 (Int. No. 153) Approving Change In Traffic Flow On Achilles Street From Liberty Pole Way To Stillson Street From One-Way Eastbound To One-Way Westbound BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a change in direction of the traffic flow on Achilles Street, from Liberty Pole Way to Stillson Street, from one-way eastbound to one-way westbound. Section 2. This ordinance shall take effect immediately.

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TUESDAY, MAY 14, 2002

is specifically recommended by the district advisory council.

Passed unanimously. Councilmember Mains moved to discharge Introductory No. 152 from committee. The motion was seconded by Councilmember Griswold.

The maximum permissible budget for 2002-03, based upon the 13 year cumulative increase in the CPI (44.3%) is $577,200. The recommended budget is $497,500 which is $4,800 (1%) higher than the 2001-02 amount.

The motion was adopted unanimously. Councilmember Mains moved to amend Introductory No. 152.

Category of Expense Proposed 2002-03

The motion was seconded by Councilmember Griswold.

Salaries & Wages $334,600 Employee Benefits 55,300 Personal Services 389,900 Materials & Supplies 82,600 Contractual Services 30,000 Operating Expense 502,500 Less Operating Revenues (15,000)

The motion was adopted unanimously. Resolution No. 2002-12 (Int. No. 152, As Amended) Resolution Continuing The Tax-Exempt Policy For Privately Financed Parking Garages BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. Resolution No. 85-39, as amended by Resolutions No. 87-19, 92-12 and 96-35, provided for an in-lieu-of-tax payment policy for privately financed parking garages. The Council hereby determines that the downtown office market and the economics of parking garages are such that it is in the interest of the City to authorize continuation of this in-lieu-of-tax payment policy for a period extending through May 31, 2007, after which time the City shall review the strength of the downtown office, retail and housing markets, along with parking garage economics, to determine whether such special incentives continue to be necessary. In addition, for commercial office development, the City Council may require the garage to make spaces available to the public, after business hours and on weekends, for short term use. Section 2. This resolution shall take effect immediately. Underlined material added. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1507 Re: 2002-03 Downtown Enhancement District Budget R2010: Campaign 10 - Center City Transmitted herewith for your approval is legislation approving the 2002-03 budget of the Downtown Enhancement District and authorizing the apportionment of the budget costs among the various properties within the District. The District was originally authorized by the City Council on May 16,1989 and was reauthorized on May 10, 1994 and May 11, 1999. It is designed to provide a special or enhanced level of care and maintenance in the Center City 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

2001-02

Variance

$321,500

$13,100

53,900

1,400

375,400

14,500

90,100

-7,500

32,200

-2,200

497,700

4,800

(15,000)

Required Assessments 487,500 482,700 Reserve for Uncollected Accounts 10,000 10,000 Total $497,500 $492,700

0 4,800 0 $4,800

The increase in salaries and wages reflects a contingency allocation for settlement with Local 1635 of the American Federation of State, County and Municipal Employees. This increase is partially offset by decreases in miscellaneous materials and motor equipment charges. The Enhancement District Committee approved the proposed budget by a vote of 6 to 0 on January 17. 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 Local Improvement Ordinance No. 1507 (Int. No. 155) Local Improvement Ordinance - Establishing The Cost Of The Special Work And Services Related To Main Street Improvements BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The cost of the special work and services for the 2002-03 fiscal year for the Downtown Enhancement District is established at

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TUESDAY, MAY 14, 2002 - TUESDAY, JUNE 18, 2002

$497,500. 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. Section 2. This ordinance shall take effect on July 1, 2002. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - None - 0. The meeting was adjourned at 9:40 P.M. CAROLEE A. CONKLIN City Clerk *****

REGULAR MEETING June 18, 2002 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. Recognition Ceremony Retirement: Bette Doyle - City Clerkʼs Office *Elaine Fredericks - Library *Walter P. Baker - DCD *Michael J. Aceto - Fire *Michael G. Iafrati - RPD *Will not attend meeting. APPROVAL OF THE MINUTES By Councilmember Curran RESOLVED, that the minutes of the Regular Meeting of May 14, 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: Regular Public Auction - July 1, 2002. 36897. The Director of Zoning submits Notices of Environmental Determination. 560 River Street. 3690-7 60 River Street. 3691-7 639, 643, 647, 649 & 653-655 Jefferson Ave. 3692-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. By Councilmember Mains - Petition from city residents supporting commercial activity during festivals. Petition No. 1597 THE COUNCIL PRESIDENT - RECEIVED AND FILED. PUBLIC HEARINGS

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TUESDAY, JUNE 18, 2002 Pursuant to law public hearing will now be had on the following matter: Authorizing Changes In The Pavement Width Of St. Paul Street And Malling Drive As A Part Of The St. Paul Street Improvement Project Int. No. 176 No speakers. Authorizing Decreases In The Pavement Width Of Campbell Street And Wilder Street As A Part Of The Route I-490 Western Gateway Project Int. No. 177 Two speakers: Jeanette Hilliard and Catherine Rile. Authorizing Decreases In The Pavement Width Of Henrietta Street As A Part Of The Henrietta Street Public Improvement Project Int. No. 178 No speakers. Authorizing Changes In The Pavement Width Of Chili Avenue And Stanton Street As A Part Of The Chili Avenue Improvement Project Int. No. 180 Seven speakers: Dave Bonies, Bea Woodams, Mike Kenessa, Bonnie Kaltaia, Ken Archibald, Barbara Sullivan, and Gerald Serrat. Local Improvement Ordinance - Upgrading Of Street Lighting As A Part Of The Rundel Park Public Improvement Project Int. No. 200 No speakers. Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The West Ridge Road Improvement Project Int. No. 179 No speakers. Changing The Zoning Classification Of 639, 643, 647, 649 And 653-655 Jefferson Avenue From R-2 TwoFamily Residential To C-1 Neighborhood Commercial Int. No. 201 One speaker: Elliott Landsman. Amending The Official Map By Dedication Of Cunningham Street Int. No 204 No speakers. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. TO THE COUNCIL: Ladies and Gentlemen Resolution No. 2002-13 Re: Home Rule Message - Genesee Valley Parkland Alienation Transmitted herewith for your approval is a home rule resolution relating to legislation that currently is being considered by the New York 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. 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 actual dedicated parkland and City owned vacant property. The appraised value of the 3.457 acres of land to be alienated, based on a $35,000.00 per acre value, is $120,995.00. 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 $104,895.00, of which only $73,500.00 is for the dedicated parkland portion. To compensate for the alienation, the City will dedicate as parkland, an additional 19.5-acre parcel of City owned vacant land adjacent to Turning Point Park and the Genesee River. The appraised value of this 19.5acre replacement parcel, based on a $5,000.00 per acre value, is $97,500.00. 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 to be approximately $1,000.000. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Economic Vitality, Healthy Urban Neighborhoods, Tourism Destination, Quality Service Attachment No. AB-61 Resolution No. 2002-13 (Int. No. 241) 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.7320. This resolution shall take effect immediately. Adopted unanimously. REPORTS OF STANDING COMMITTEES AND

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TUESDAY, JUNE 18, 2002

ACTION THEREON By Councilmember Stevenson June 18, 2002 To the Council: The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 175 - Establishing Maximum Compensation For A Professional Services Agreement For Bridge And Structural Engineering Services Int. No. 216 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance of $205,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Milling And Resurfacing And Street Improvement Programs Int. No. 217 - Establishing $80,000 As Maximum Compensation For A Professional Services Agreement For Resident Project Representation Services For The Maple Street Improvement Project The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation: Int. No. 176 - Authorizing Changes In The Pavement Width Of St. Paul Street And Malling Drive As A Part Of The St. Paul Street Improvement Project Int. No. 177 - Authorizing Decreases In The Pavement Width Of Campbell Street And Wilder Street As A Part Of The Route I-490 Western Gateway Project Int. No. 178 - Authorizing Decreases In The Pavement Width Of Henrietta Street As A Part Of The Henrietta Street Public Improvement Project Int. No. 180 - Authorizing Changes In The Pavement Width Of Chili Avenue And Stanton Street As A Part Of The Chili Avenue Improvement Project Int. No. 200 - Local Improvement Ordinance - Upgrading Of Street Lighting As A Part Of The Rundel Park Public Improvement Project The following entitled legislation is being held in committee: Int. No. 179 - Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The West Ridge Road Improvement Project Int. No. 215 - Authorizing Supplemental Agreements With Respect To The Broad Street Tunnel - East Approach/Erie Canal Aqueduct Project Respectfully submitted, Tony M. Thompson Lois J. Giess PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-150 Re: Agreement - Bergmann Associates,

Bridge and Structural Engineering Services R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation which will authorize a professional engineering service agreement with Bergmann Associates, 200 First Federal Plaza, 28 E. Main Street, for bridge and structural engineering services. The maximum cost of this agreement will be $66,700. The agreement will be financed from both the 2001-02 operating budget, $31,700, of the Department of Environmental Services and 2001-02 cash capital allocation, $35,000, of DES. The engineering services are related to the Cityʼs annual bridge inspection program. Under this program, the structural condition of the following facilities is examined yearly and any required maintenance is identified and scheduled. Bridges City Responsibility Shared Responsibility Tunnels Total

Number 41 19 10 70

DES solicited proposals from four organizations. Bergmann Associates is recommended because of the qualifications of the firm and the personnel to be assigned to these services. Bergmann Associates has satisfactorily performed these services in the past. The agreement will have an initial term of one year with provision for four yearly renewals for a maximum total of five years. The costs of the initial and subsequent renewals will be financed from the annual operating and capital budgets of the Department of Environmental Services. If the City requires structural engineering services subsequent to expiration of this agreement, proposals for such services will be solicited through a Request for Proposal process. Under the proposed agreement, Bergmann Associates will provide bridge and tunnel inspections, miscellaneous structural investigations, design and construction reviews, contract preparation, resident project representation and general consultation services. Following is the estimated composition of the cost of these services: Service

Five-Year Average Expended

Bridge Inspections

Estimated 2001-02

$ 6,900 $ 7,000 Misc. Structural Investigations 4,695 3,000 Contract Preparation 16,930 15,000 Meetings and Adm. Function 7,725 5,000 Inventory/Database Management 1,600 1,000 Printing and Photography 960 500 Resident Project Representation 24,470 35,000 Totals $63,280 $66,500 Respectfully submitted, William A. Johnson, Jr. Mayor

Budget 2002-03 $ 7,000 3,200 15,000 5,000 1,000 500 35,000 $66,700

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TUESDAY, JUNE 18, 2002 Ordinance No. 2002-150 (Int. No. 175) Establishing Maximum Compensation For A Professional Services Agreement For Bridge And Structural Engineering Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $66,700, or so much thereof as may be necessary, is hereby established as the compensation to be paid for the first year of a professional services agreement between the City and Bergmann Associates for bridge and structural engineering services. The agreement shall have an initial term of one (1) year, and may provide for four (4) annual renewals. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Projects. Of said amount for the first year, $31,700 shall be funded from the 2001-02 Budget of the Department of Environmental Services and $35,000 shall be funded from the 2001-02 Cash Capital Allocation, with the amounts for subsequent years not to exceed the amounts set forth in the annual budgets for this purpose. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-151 Re: Bonds - Street Improvement Program R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation which will authorize the issuance of bonds totaling $205,000 and appropriate the proceeds thereof to finance sewer improvements in the Street Improvement Program. The request for street improvements bonding is consistent with the 2001-02 Capital Improvement Programs and supplements funding authorized by City Council on March 19. The amount to be authorized includes the following: Category City-Funded Arterials St. Paul Street (Avenue E to Norton Street) Maple Street (Mt. Read Blvd. To Glide Street) Milling and Resurfacing, Residential Street Rehabilitation, Street Planning and Design Total

Amount $ 53,000 37,000

115,000 $205,000

Construction of Maple Street is scheduled to begin in summer 2002 and be substantially complete in fall 2002. Construction of St. Paul Street is scheduled to begin in fall 2002 and be substantially complete in summer 2003. Respectfully submitted, William A. Johnson, Jr. Mayor

Ordinance No. 2002-151 (Int. No. 216) Bond Ordinance Of The City of Rochester, New York, Authorizing The Issuance Of $205,000 Bonds Of Said City To Finance The Additional Cost Of Construction And Reconstruction Of Certain Sewer Improvements Related To The Milling And Resurfacing And Street Improvement Programs 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 sewer improvements related to the 2002 Milling and Resurfacing and Street Improvement Programs in the City (the “Project”). The total estimated cost of said class of objects or purposes authorized hereby, including preliminary costs and costs incidental thereto and the financing thereof, is $792,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $205,000 bonds of the City to finance said appropriation, together with the application of $587,000 bonds previously appropriated in Ordinance No. 2002-53, 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 $205,000 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 $205,000. 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 class of objects or purposes for which said bonds authorized pursuant to this Ordinance are to be issued, within the limitations of Section 11.00 a.4 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.

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TUESDAY, JUNE 18, 2002

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.

The preparation of the engineering design for this project, by Corneles Engineering, was authorized by City Council on August 21, 2001.

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:

Sewer Bond

(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:

Bids for construction were received on June 4. The cost of the categories of work for the project based upon the engineers estimate amount are as follows: Category

Construction Contingency RPR Total

Street Cash

$450,000 $45,000 $45,000 $540,000 225,000 25,000 22,000 272,000 93,000 9,000 10,000 112,000 31,000 3,000 3,000 37,000 $799,000 $82,000 $80,000 $961,000

Water Cash County Traffic Totals

The cost of the sewer improvements will be financed from a portion of the proceeds of a bond proposal which is being requested as a companion item. The cost of the traffic improvements will be financed from anticipated reimbursements from Monroe County. Corneles Engineering was selected to perform resident project inspection services because of their familiarity with the project and the qualifications of the personnel to be assigned to the project. The resident project representation for the project will be funded from 2001-02 Street Cash, $45,000; 2001-02 Water Cash, $22,000; anticipated reimbursements from Monroe County, $10,000; and from the sewer bond, $3,000, for the Maple Street Project included in a separate item. Construction is scheduled to begin in summer 2002, and be substantially completed in fall 2002. Public informational meetings were held on February 27 and April 11. Copies of the minutes for the meetings are available in the City Clerkʼs Office. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-62 Ordinance No. 2002-152 (Int. No. 217)

Ordinance No. 2002-152 Re: Agreement - Corneles Engineering, Maple Street Improvement Project

Establishing $80,000 As Maximum Compensation For A Professional Services Agreement For Resident Project Representation Services For The Maple Street Improvement Project

R2010: Campaign 7 - Quality Service

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

Transmitted herewith for your approval is legislation relating to the Maple Street Improvement Project. This legislation will authorize an agreement with Corneles Engineering for resident project representation services at a maximum amount of $80,000. The project consists of pavement reconstruction/rehabilitation, new granite curbs, concrete sidewalks in select areas, catch basins; water main, water services and hydrants; driveway aprons; new City owned street lighting arms and luminaires; new pavement markings and upgrades to the existing traffic signal system at Glide Street; tree plantings, topsoil and seed.

Section 1. The sum of $80,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for a professional services agreement between the City and Corneles Engineering for resident project representation services for the Maple Street Improvement Project. The agreement may extend until three (3) months after completion of a two year guarantee inspection of the Project. Of said amount, $77,000 shall be funded from the 2001-02 Cash Capital Allocation and $3,000 shall be funded from a bond ordinance adopted for sewer

Page 149

TUESDAY, JUNE 18, 2002 improvements. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 176 Re: St. Paul Street Improvement Project (Avenue E to Norton Street) R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation relating to the St. Paul Street Public Improvement Project. This legislation will authorize the following pavement width changes on St. Paul Street. 1. A taper on St. Paul Street from the existing pavement width of 50ʼ to 42ʼ, starting 100ʼ north of Avenue E and ending 260ʼ north of Avenue E; 2. An increase on St. Paul Street of 4ʼ, from 38ʼ to 42ʼ, from the latter point to Norton Street; 3. The removal of the recessed 8ʼ wide parking area, starting 190ʼ south of Norton Street to 230ʼ south of Norton Street along the west side of St. Paul Street; 4. A recessed parking area 8ʼ wide beginning 90ʼ north of Saranac Street, northerly for a distance of 75ʼ along the west side of St. Paul Street; 5. A decrease on Malling Drive of 2ʼ, from 24ʼ to 22ʼ, beginning at St. Paul Street to 25ʼ east of St. Paul Street; and 6. An increase on Malling Drive of 6ʼ, from 24ʼ to 30ʼ, from the latter point to 115ʼ east of St. Paul 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. The traffic study performed for this street shows that, while not needed now, in the future it may be necessary to have two travel lanes in each direction. The proposed 42ʼ-wide pavement width along St. Paul Street will make this possible. Until that time, parking will continue to be provided along the east side of the street. The recessed parking lane will be used for drop off and pick up at the Rochester School for the Deaf. The recessed lane at the Rochester School for the Deaf will require a property acquisition for relocation of the sidewalk. Approval of the acquisition will be requested at a future Council meeting.

scheduled to begin in fall 2002 and be completed by summer 2003. The estimated cost of construction, inspection and contingencies is $1,194,000. The current estimate with shares is as follows: Share Street Water Sewer (MHʼs & CBʼs) Traffic Total

Current Estimate $ 758,000 325,000 53,000 58,000 $1,194,000

The St. Paul Street Improvement project is in the 2000-01 Capital Improvement Program. The source of the funding for the street and water will be from planned debt identified in the 2000-01 Capital Improvement Program. The source of sewer funding will be from sewer debt being authorized and appropriated in a companion item. The source of funding for the traffic share will be from anticipated reimbursements from Monroe County. A public informational meeting was held April 4. Minutes to these meetings are available in the City Clerkʼs office. The Traffic Control Board endorsed the pavement width changes on May 21. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Councilmember Stevenson moved to return Introductory No. 176 to committee. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Introductory No. 176 AUTHORIZING CHANGES IN THE PAVEMENT WIDTH OF ST. PAUL STREET AND MALLING DRIVE AS A PART OF THE ST. PAUL STREET IMPROVEMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following changes in the pavement width of St. Paul Street and Malling Drive as a part of the St. Paul Street Improvement Project: 1. A taper on St. Paul Street from the existing pavement width of 50 feet to 42 feet, starting 100 feet north of Avenue E and ending 260 feet north of Avenue E; and, 2. A increase on St. Paul Street of 4 feet, from 38 feet to 42 feet, from the latter point to Norton Street; and,

The pavement width changes at Malling Drive will provide for a recessed parking lane for an adjacent business. The pavement width change will be accommodated in the existing right-of-way.

3. The removal of the recessed 8 foot wide parking area, starting 190 feet south of Norton Street to 230 feet south of Norton Street along the west side of St. Paul Street; and,

Construction of the St. Paul Street improvements are

4. A recessed parking area 8 feet wide beginning

Page 150 90 feet north of Saranac Street, northerly for a distance of 75 feet along the west side of St. Paul Street; and, 5. A decrease on Malling Drive of 2 feet, from 24 feet to 22 feet, beginning at St. Paul Street to 25ʼ east of St. Paul Street; and, 6. A increase on Malling Drive of 6 feet, from 24 feet to 30 feet, from the latter point to 115 feet east of St. Paul Street. Section 2. Such changes and additional changes as a part of the St. Paul Street Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Held in committee. TO THE COUNCIL Ladies and Gentlemen Ordinance No. 2002-153 Re: Route I-490 Western Gateway Project/Erie Canal to Genesee River Pavement Width Changes R2010: Campaign 5 - Regional Partnership And Campaign 7 - Quality Service Transmitted herewith for your approval is legislation related to the New York State Department of Transportation Route I-490 Western Gateway Project. The legislation will authorize changes in pavement widths on city streets as follows: a. A narrowing along Campbell Street adjacent to the Ames Street intersection, from a variable existing width of 28ʼ-6” to 36ʼ-0”, to a proposed width that varies from 27ʼ-6” to 36ʼ-0”. The length of the pavement width transition is 177ʼ; b. A narrowing along Wilder Street adjacent to the Ames Street intersection, from a variable existing width of 24ʼ-3” to 33ʼ-10”, to a proposed width that varies from 24ʼ-3” to 30ʼ-6”. The length of pavement width transition is 180ʼ; c. A narrowing along Wilder Street, west of the Child Street intersection, from an existing width of 36ʼ-0” to a proposed width of 28ʼ-3”. The length of pavement width transition is 426ʼ; and d. A narrowing along Wilder Street, east of the Child Street intersection, from a variable existing width of 28ʼ-3” to 35ʼ-9”, to a proposed width of 28ʼ-3”. The length of pavement transition is 180ʼ. The project which extends from the Erie Canal to the Genesee River includes full rehabilitation of I-490 eastbound/westbound, intersection improvements along Wilder Street and Campbell Street, where they intersect Child Street, Ames Street and Saxton Street, rehabilitation of 15 overhead bridges, replacement of the bridges over Mt. Read Boulevard, the CSX siding and Grape Street, and the replacement of the TroupHowell Bridge with a steel arch. Other project features include drainage, lighting, pedestrian and bicycle, noise barrier, travel lane, landscape and aesthetic

TUESDAY, JUNE 18, 2002 improvements including public art. The proposed changes in pavement width at Campbell and Ames Street will provide for the addition of a curb bump-out on the west side of the intersection; the changes at Wilder and Ames Street will provide for a curb bump-out on the east side of the intersection; and the changes on Wilder Street, west of the Child Street intersection will remove the exclusive left turn lane. Construction of the Phase I improvements will begin this summer and it is anticipated it will be substantially completed in the fall of 2003. Phase I includes rehabilitation of the Ames Street, Child Street and Colvin Street Bridges over I-490, the noise barriers between Ames Street and Grape Street and the associated city street improvements. A public hearing on the project was conducted by the NYSDOT on May 4, 1999. The Traffic Control Board endorsed the street width changes at the May 21 meeting. A public hearing on the changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-63 Ordinance No. 2002-153 (Int. No. 177) Authorizing Decreases In The Pavement Width Of Campbell Street And Wilder Street As A Part Of The Route I-490 Western Gateway Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the following decreases in the pavement width of Campbell Street and Wilder Street as a part of the Route I-490 Western Gateway Improvement Project: a. A narrowing along Campbell Street adjacent to the Ames Street intersection, from a variable existing width of 28ʼ-6” to 36ʼ-0”; to a proposed width that varies from 27ʼ-6” to 36ʼ-0”. The length of the pavement width transition is 177 feet, and; b. A narrowing along Wilder Street adjacent to the Ames Street intersection, from a variable existing width of 24ʼ-3” to 33ʼ-10”; to a proposed width that varies from 24ʼ-3” to 30ʼ-6”. The length of pavement width transition is 180 feet, and; c. A narrowing along Wilder Street, west of the Child Street intersection, from an existing width of 36ʼ-0” to a proposed width of 28ʼ-3”. The length of pavement width transition is 426 feet, and; d. A narrowing along Wilder Street, east of the Child Street Intersection, from a variable existing width of 28ʼ-3” to 35ʼ-9”; to a proposed width of 28ʼ-3”. The length of pavement transition is 180 feet. Section 2. Such changes and additional changes as a part of the Route I-490 Western Gateway Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who

Page 151

TUESDAY, JUNE 18, 2002 may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-154 Re: Henrietta Street Public Improvement Project (S. Goodman Street - Field Street) R2010: Campaign 7 - Quality Service and Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Henrietta Street Public Improvement Project. The legislation will authorize the following pavement width changes on Henrietta Street: 1. A narrowing of 4ʼ from 24ʼ to 20ʼ, beginning 140ʼ east of Nelson to a point 360ʼ east of Nelson Street, and 2. A narrowing of 4ʼ from 24ʼ to 20ʼ, beginning 210ʼ west of Field Street to a point 410ʼ west of Field Street. These pavement width changes will be accomplished within the existing rights-of-way at the request of the residents. The purpose of these changes is to provide additional tree planting locations and for beautifications to the street. Additional right of way will be required in other areas of the project to accommodate the installation of sidewalks and sidewalk access ramps. The request for these additional acquisitions will be submitted at a later date. Besides the pavement width change, the Henrietta Street project includes rehabilitation/reconstruction of the pavement, traffic signal upgrades, pavement markings, granite stone curbs, new water main and water services, new concrete sidewalks, and catch basins; new City-owned residential street lighting system (S. Goodman Street - Nelson Street); street trees, topsoil and seed. The Henrietta Street Improvement Project is being designed by the Cityʼs Bureau of Architecture and Engineering Services of the Department of Environmental Services. Construction of the Henrietta Street (S. Goodman Street - Field Street) project is scheduled to begin in the spring 2002 and be completed in summer 2003. The estimated construction cost of the project is $854,600, including construction, inspection and contingencies. Improvement Street Water Sewer (C.B.ʼs & Manholes) Traffic Total

Amount $546,900 225,200 67,200 15,300 $854,600

The cost of the street improvements will be financed from $200,000 in 2000-2001 Cash Capital Allocations and $346,900 in 2001-02 Street Bonds. Sewer improvements will be financed from 2000-01 Sewer

Bonds. The water improvements will be funded from 1999-00 Water Bonds. Traffic improvements will be financed from anticipated reimbursements from Monroe County. A public informational meeting was held on March 20. Copies of the minutes of this meeting are available in the City Clerkʼs office. Additional meetings with the Henrietta Street Citizenʼs Advisory Group and the neighbors living between Nelson Street and Field Street were held on January 24, April 15, and April 24. Minutes of these meetings are also available in the City Clerkʼs office. The proposed change in pavement widths were endorsed by the Traffic Control Board on May 7. A public hearing on the proposed change is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-64 Ordinance No. 2002-154 (Int. No. 178) Authorizing Decreases In The Pavement Width Of Henrietta Street As A Part Of The Henrietta Street Public Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves a decrease of four feet in the pavement width of Henrietta Street, from 24 feet to 20 feet, from a point 140 feet east of Nelson Street to a point 360 feet east of Nelson Street; and a decrease of four feet in the pavement width of Henrietta Street, from 24 feet to 20 feet, from a point 210 feet west of Field Street to a point 410 feet west of Field Street, as a part of the Henrietta Street Public Improvement Project. Section 2. Such changes and additional changes as a part of the Henrietta Street Public Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 3. This ordinance shall take effect immediately. Passed unanimously. Council President Giess moved to delay vote on Introductory No. 180 until the end of the meeting. The motion was seconded by Councilmember Mains. The motion was adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Improvement Ordinance No. 1508 Re: Rundel Park Public Improvement Project R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation related to the Rundel Park Public Improvement

Page 152

TUESDAY, JUNE 18, 2002

Project. The legislation will: 1. Appropriate a total of $35,100 from the Local Improvement Fund to finance the cost of installing certain street lighting enhancements, and authorize the subsequent assessment of this amount against the benefited properties, to replenish the fund; and 2. Authorize the establishment of a special assessment district for the 34 properties having frontage on Rundel Park to finance the incremental costs associated with the installation of the lighting enhancements. The prior legislation which approved the pavement width changes was passed by City Council on April 16 and which Council revised on May 14. The Rundel Park project includes replacement of curbs, driveway aprons and the lighting system, and landscaping. The street lighting enhancement features includes the installation of concrete light poles and harp fixtures as an upgrade from the standard residential poles. Eighteen of the 34 property owners within the proposed special assessment district have signed a petition supporting the creation of a street lighting enhancement assessment district. These owners represent 54.4% of the frontage along Rundel Park between University Avenue and Upton Place. The increased capital cost of installing the concrete poles and harp fixtures over a standard residential post top lighting system will be assessed against the owners of property fronting on Rundel Park between University Avenue and Upton Place on a front footage basis. The total incremental costs will be $35,100. The frontage of the 34 parcels within the proposed Rundel Park enhancement district is 1,405.1 feet. Repayment of the incremental cost will occur over 15 years in equal, annual installments at a rate of 1% above the most recent rate at which the City shall have sold long-term bonds prior to the date of initial billing of the assessment. Each yearʼs assessment will be included on the propertyʼs annual tax bill, with the first payment expected to appear on the 2003-04 tax bills. Property Address 1 Rundel Park 3 Rundel Park 4 Rundel Park 5 Rundel Park 6 Rundel Park 7 Rundel Park 8 Rundel Park 9 Rundel Park 10 Rundel Park 11 Rundel Park 12 Rundel Park 13 Rundel Park 14 Rundel Park 15 Rundel Park 16 Rundel Park 17 Rundel Park 18 Rundel Park 19 Rundel Park 20 Rundel Park 21 Rundel Park 22 Rundel Park 23 Rundel Park 24 Rundel Park

Front Footage 40.1 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40

SBL No. 121.35-01-028 121.35-01-027 121.35-01-029 121.35-01-026 121.35-01-030 121.35-01-025 121.35-01-031 121.35-01-024 121.35-01-032 121.35-01-023 121.35-01-033 121.35-01-022 121.35-01-034 121.35-01-021 121.35-01-035 121.27-02-030 121.35-01-036 121.27-02-029 121.35-01-037 121.27-02-028 121.28-03-026 121.27-02-027 121.28-03-027

25 Rundel Park 26 Rundel Park 27 Rundel Park 28 Rundel Park 29 Rundel Park 30 Rundel Park 31 Rundel Park 32 Rundel Park 33 Rundel Park 35-37 Rundel Park 36 Rundel Park

40 40 40 40 40 40 40 40 40 40 85

121.27-02-026 121.28-03-028 121.27-02-025 121.28-03-029 121.27-02-024 121.28-03-030 121.27-02-023 121.28-03-031 121.27-02-022 121.27-02-021 121.28-03-033.1

Construction of Rundel Park is scheduled to begin in the summer of 2002 and be substantially completed in the fall of 2002. A public information meeting was held on August 22, 2000 and February 26, 2002. Minutes to these meetings have been previously forwarded. An additional meeting with the residents was held on April 17. Minutes to this meeting were also previously forwarded. A public hearing on the establishment of the special street lighting enhancement district is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-65 Local Improvement Ordinance No. 1508 (Int. No. 200) Local Improvement Ordinance - Upgrading Of Street Lighting As A Part Of The Rundel Park Public Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council hereby authorizes the upgrading of street lighting as a part of the Rundel Park Public Improvement Project. The upgrading shall consist of the installation of concrete light poles and harp fixtures. Section 2. The special assessment district for the upgrading of street lighting as a part of the Rundel Park Public Improvement Project shall be as follows: Property Address 1 Rundel Park 3 Rundel Park 4 Rundel Park 5 Rundel Park 6 Rundel Park 7 Rundel Park 8 Rundel Park 9 Rundel Park 10 Rundel Park 11 Rundel Park 12 Rundel Park 13 Rundel Park 14 Rundel Park 15 Rundel Park 16 Rundel Park 17 Rundel Park 18 Rundel Park 19 Rundel Park 20 Rundel Park 21 Rundel Park

Front Footage 40.1 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40

SBL No. 121.35-01-028 121.35-01-027 121.35-01-029 121.35-01-026 121.35-01-030 121.35-01-025 121.35-01-031 121.35-01-024 121.35-01-032 121.35-01-023 121.35-01-033 121.35-01-022 121.35-01-034 121.35-01-021 121.35-01-035 121.27-02-030 121.35-01-036 121.27-02-029 121.35-01-037 121.27-02-028

Page 153

TUESDAY, JUNE 18, 2002 22 Rundel Park 23 Rundel Park 24 Rundel Park 25 Rundel Park 26 Rundel Park 27 Rundel Park 28 Rundel Park 29 Rundel Park 30 Rundel Park 31 Rundel Park 32 Rundel Park 33 Rundel Park 35-37 Rundel Park 36 Rundel Park

40 40 40 40 40 40 40 40 40 40 40 40 40 85

121.28-03-026 121.27-02-027 121.28-03-027 121.27-02-026 121.28-03-028 121.27-02-025 121.28-03-029 121.27-02-024 121.28-03-030 121.27-02-023 121.28-03-031 121.27-02-022 121.27-02-021 121.28-03-033.1

Section 3. The Council hereby finds that the upgrading of the street lighting benefits each parcel of property within the district on the basis of each parcelʼs front footage along Rundel Park, and the costs of such upgrading shall be allocated among the parcels in the district on that basis. Section 4. The cost of improvements and work described in Section 1, including the cost of any necessary professional design and engineering work, not to exceed $35,100, plus interest at a rate 1% above the Cityʼs “latest borrowing rate” on the unpaid balance, shall be assessed on the parcels within the limits of the district of assessment described above, in the amounts set forth above. The Council hereby deems such parcels to be benefited by such improvements and proper to be assessed therefor. The Cityʼs “latest borrowing rate” shall be the most recent rate at which the City shall have sold long-term bonds prior to the date of initial billing of the assessments. Section 5. The assessments shall be billed on the annual tax bill for the parcels in 15 equal annual installments, commencing as determined by the Director of Finance. Section 6. The total cost of said improvements and work, up to $35,100, shall be charged as described in this ordinance and paid from the Local Improvement Fund, and said amount, or so much thereof as may be necessary, is hereby appropriated for this purpose. Section 7. 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: Introductory No. 179 Re: West Ridge Road Improvement Project (Hanford Landing Road to Veteranʼs Memorial Bridge) R2010: Campaign 7 - Quality Service and Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation related to the West Ridge Road improvement project. This legislation will: 1. Authorize acquisition of 23 properties involved

in the W. Ridge Road improvement project; 2. Appropriate $3,048,000 in anticipated reimbursements from the Federal Highway Administration to finance the Federal share of the costs for right of way acquisition, relocation and closing costs, and project administration; and 3. Appropriate $762,000 in anticipated reimbursements from New York State to finance the State share of the costs for right of way acquisition, relocation and closing costs, and project administration. This project involves the reconstruction of West Ridge Road, from Hanford Landing Road to the Veteranʼs Memorial Bridge. This reconstruction will include a significant realignment of West Ridge Road, beginning west of the Lake Avenue intersection to the Veteranʼs Memorial Bridge. The westbound and eastbound travel lanes of West Ridge Road between Lake Avenue and the Veteranʼs Memorial Bridge will be divided, creating a parkway like landscaped median transition zone in an effort to encourage reduced speeds of westbound vehicles leaving the expressway and entering the Maplewood Neighborhood. The project also provides for a new two-way frontage road in front of the houses to remain on the south side of West Ridge Road between Ridgeway Avenue and Maplewood Drive and replacement of the existing pedestrian bridge over West Ridge Road near Maplewood Drive. Select replacement and adjustment of utilities, drainage improvements, signalized intersection upgrades, various landscaping, trail and sidewalk improvements will also be included in the project. It is a goal of this project to accommodate traffic in a safe and efficient manner while also addressing neighborhood concerns and initiatives and improving the pedestrian environment. City Council authorized the City to enter into any necessary agreements with NYS Department of Transportation (NYSDOT) to participate in and administer the project on August 10, 1999. Federal and State appropriations and the original agreement with Bergmann Associates for preliminary engineering and design services for this project were authorized by City Council on April 18, 2000. City Council authorized agreements for appraisals of parcels to be acquired as part of the project on November 20, 2001. City Council authorized additional Federal and State appropriations and an amendatory agreement with Bergmann Associates on February 12. City Council authorized changes in pavement width on March 19. Both full and partial property takings will be required to accommodate the realignment and new streets which are proposed. Full acquisition of 23 properties is now requested; partial acquisitions will be requested in a subsequent City Council agenda item. This will involve acquisition and demolition of 18 residential and two business structures on the north side of West Ridge Road between Lake Avenue and Maplewood Drive, and one residential and four business structures on the south side of West Ridge Road between the proposed relocated Minder Street and Lake Avenue. The properties are as follows: Property Address SBL# Reputed Owner 58 Lapham St.

Type

090.44-1-37

Maximum Acquisition Amount $ 50,000

Page 154 Todd Cahill & Charles Hathaway

TUESDAY, JUNE 18, 2002 1 Family

99 W. Ridge Rd 090.43-3-10 Kham Phanh & Comm. Boualong Rajaphovmy

136,000

157 Lapham St. 090.49-1-64 Linda M. Stiles 1 Family

40,000

2 W. Ridge Rd. 090.44-1-65 Robert D. & Tillie 1 Family Stevens

85,000

101-111 W. Ridge Rd Irv Starr

6 W. Ridge Rd. 090.44-1-66 John Bent & 1 Family Beverly Hook

50,000

119 W. Ridge Rd 090.43-3-06 Elizabeth Salathiel 1 Family (leasehold) Ronald G. Statt (fee simple)

10 W. Ridge Rd 090.44-1-67 175,000 Dennis L.J. Coccia Mixed Use & Esther M. Muratore

090.43-3-09 178,000 Mixed Use

Total

25,700 9,300

$1,840,400

16 W. Ridge Rd 090.44-1-69.1 166,000 Donald J. Marcher Mixed Use

The acquisition amounts were established through independent appraisals prepared by Robert G. Pogel, SRPA, and Kevin Bruckner, MAI. The acquisition amount of $35,000 for the property at 119 W. Ridge Road is being divided up between the tenant, Elizabeth Salathiel, and the owner, Ronald G. Stait, due to a life-use privilege that the tenant possesses.

18 & 20 W. Ridge Rd 090.44-1-70 & 77.8 Diego & Lester M. 1 Family Pascual

65,000

The total cost of acquisition, relocation and closing costs for the full property takings will not exceed $2,540,000 and will be funded through the anticipated State and Federal aid.

24 W. Ridge Rd 090.44-1-71 Boris Yefraimov 1 Family

60,000

The total estimated cost of the full and partial property takings is as follows:

26 & 28 W. Ridge Rd 090.44-1-72 & 77.6 William H. & 1 Family Kathy Lee Palermo

69,000

Expense Full Takings Partial Takings

30 & 32 W. Ridge Rd 090.44-1-77.5 Martin W. Palmeri 1 Family

40,000

34 & 36 W. Ridge Rd & 090.44-1-74 & 77.18 Thomas H. 2 Family Christine Davis

43,000

38 W. Ridge Rd 090.44-1-75 Randall Hook 2 Family

50,000

Total

42 W. Ridge Rd 090.44-1-78.1 Ronald S. & Pamela 2 Family A. Appleton

45,000

The Federal Highway Administration will fund 80% of the above costs, $3,048,080, and New York State will fund 20%, $762,020.

46 & 48 W. Ridge Rd 090.44-1-77.13 & 79 134,400 William H. & Mixed Use Kristen A. VandenBruel

Costs for right-of-way acquisition, relocation, closing, and State administration expense will be financed from the appropriations above. Costs for City administration will be financed from the 2002-03 Operating Budget and reimbursed from the appropriations above.

14 W. Ridge Rd 090.44-1-68.1 97,000 Robert A. Walton Mixed Use

50 W. Ridge Rd 090.44-1-80 Robert Cullen 1 Family

46,000

52-54 W. Ridge Rd 090.44-1-81.1 Joan Kuhn & 2 Family Eleanor Symigs

62,000

56 & 56.5 W. Ridge Rd 090.44-1-77.3 & 82 Beverly Hook 1 Family

60,000

58 W. Ridge Rd 090.44-1-83.1 Arthur E. Caton & 1 Family Reba Merchant 95 W. Ridge Rd 090.43-3-11 Missy, LLC Comm.

39,000 115,000

Acquisition $1,840,400 Relocation 600,000 Closing Costs 99,600 City Administration 381,000 State Administration 127,000 $3,048,000

Total

$600,000

$2,440,400

0

600,000

35,000

134,600

95,300

476,300

31,800

158,800

$762,100

$3,810,100

The estimated cost of the project is $16,843,000. Of the estimated cost of the project, $10,754,000 will be financed by the Federal government and $2,789,000 will be funded by the State. City financing of $3,300,000 for certain betterments is contained in the 2001-02 through 2005-06 Capital Improvement Program. A public informational meeting was held on May 28, 1999, by the City, in conjunction with the Maplewood Neighborhood Association and NYSDOT. Minutes of the meeting were previously submitted to City Council. Another public informational meeting was held on December 12, 2001. Minutes of that meeting were previously submitted to City Council. Two separate public informational meetings relating to noise walls were held on January 31. Minutes from those

Page 155

TUESDAY, JUNE 18, 2002 meetings were previously submitted to City Council. The Traffic Control Board endorsed the changes in pavement width on February 19.

30 & 32 W. Ridge Rd 090.44-1-77.5 Martin W. Palmeri 1 Family

40,000

Project scoping and preliminary design will be completed this Spring. Final design will be completed in 2003. Under currently programmed Federal and State project funding, construction would begin in 2004 and be completed in 2005.

34 & 36 W. Ridge Rd & 090.44-1-74 & 77.18 Thomas H. 2 Family Christine Davis

43,000

38 W. Ridge Rd 090.44-1-75 Randall Hook 2 Family

50,000

42 W. Ridge Rd 090.44-1-78.1 Ronald S. & Pamela 2 Family A. Appleton

45,000

A public hearing regarding the property acquisitions is required. Respectfully submitted, William A. Johnson, Jr. Mayor Introductory No. 179 AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF PARCELS FOR THE WEST RIDGE ROAD IMPROVEMENT 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 for the construction and maintenance of municipal improvements as a part of the West Ridge Road Improvement Project as follows: Property Address SBL# Reputed Owner

Type

Maximum Acquisition Amount

58 Lapham St. 090.44-1-37 $ 50,000 Todd Cahill & 1 Family Charles Hathaway

46 & 48 W. Ridge Rd 090.44-1-77.13 & 79 134,400 William H. & Mixed Use Kristen A. VandenBruel 50 W. Ridge Rd 090.44-1-80 Robert Cullen 1 Family

46,000

52-54 W. Ridge Rd 090.44-1-81.1 Joan Kuhn & 2 Family Eleanor Symigs

62,000

56 & 56.5 W. Ridge Rd 090.44-1-77.3 & 82 Beverly Hook 1 Family

60,000

58 W. Ridge Rd 090.44-1-83.1 Arthur E. Caton & 1 Family Reba Merchant 95 W. Ridge Rd 090.43-3-11 Missy, LLC Comm.

115,000

99 W. Ridge Rd 090.43-3-10 Kham Phanh & Comm. Boualong Rajaphovmy

136,000

157 Lapham St. 090.49-1-64 Linda M. Stiles 1 Family

40,000

2 W. Ridge Rd. 090.44-1-65 Robert D. & Tillie 1 Family Stevens

85,000

101-111 W. Ridge Rd Irv Starr

6 W. Ridge Rd. 090.44-1-66 John Bent & 1 Family Beverly Hook

50,000

119 W. Ridge Rd 090.43-3-06 Elizabeth Salathiel 1 Family (leasehold) Ronald G. Statt (fee simple)

10 W. Ridge Rd 090.44-1-67 175,000 Dennis L.J. Coccia Mixed Use & Esther M. Muratore 14 W. Ridge Rd 090.44-1-68.1 97,000 Robert A. Walton Mixed Use 16 W. Ridge Rd 090.44-1-69.1 166,000 Donald J. Marcher Mixed Use

39,000

Total

090.43-3-09 178,000 Mixed Use 25,700 9,300

$1,840,400

Section 2. The acquisitions, relocation and closing costs shall obligate the City to pay an amount not to exceed $2,540,000, and of said amount, or so much thereof as may be necessary, and $635,000 in City and State administrative costs, $3,048,000 is hereby appropriated from anticipated reimbursements from the Federal Government, and $762,000 is hereby appropriated from anticipated reimbursements from New York State.

18 & 20 W. Ridge Rd 090.44-1-70 & 77.8 Diego & Lester M. 1 Family Pascual

65,000

24 W. Ridge Rd 090.44-1-71 Boris Yefraimov 1 Family

60,000

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.

26 & 28 W. Ridge Rd 090.44-1-72 & 77.6 William H. & 1 Family Kathy Lee Palermo

69,000

Section 4. This ordinance shall take effect immediately. Held in committee.

Page 156 TO THE COUNCIL: Ladies and Gentlemen: Introductory No. 215 Re: Broad Street Tunnel - East Approach / Erie Canal Aqueduct Project R2010: Campaign 8 - Tourism Destination Transmitted herewith for your approval is legislation related to the Broad Street Tunnel - East Approach/ Erie Canal Aqueduct Project. This legislature will: 1. Authorize the City to enter into a supplemental agreement with NYS Department of Transportation to participate and administer the project and; 2. Appropriate $132,000 from anticipated reimbursements from the Federal government to finance the Federal share of the preliminary and final engineering phases of the project. The project originally involved rehabilitation of the east approach tunnel and included replacement of the structural joint systems, sidewalk restoration, utility modifications, drainage improvements, structural modifications, repairs to the deck slabs, maintenance painting of the structural steel elements and improvements to the wearing surface. Right-of-way acquisition to provide for maintenance access to the Broad Street bridge and aqueduct is included as a component of the original project. Due to the fact that the Historic Erie Canal Aqueduct is directly adjacent to and utilizes the east approach structure for access purposes, the potential to include an all-weather pedestrian passageway into the project was investigated. The concept of developing an all-weather pedestrian passageway within the Erie Canal Aqueduct has been studied for over 17 years and has received broad community support. The concept of an all-weather passageway within the Erie Canal Aqueduct has been included in the following comprehensive planning documents: Cityʼs Vision 2000 Rochester 2010: The Renaissance Plan Updated Local Water Front Revitalization Plan (LWRP) Neighbors Building Neighborhoods Action Plan Broad Street Aqueduct Reuse Feasibility Study (1994) Broad Street Bridge Redevelopment Project (1985) The original project is being expanded to include the construction of an all-weather pedestrian passageway, inside the northern portion of the historic Broad Street Aqueduct (a.k.a. The Erie Canal Aqueduct). It is proposed that this passageway will extend from the Broad Street Tunnel on the west side of the Genesee River through the interior of the Aqueduct and into Rochester Gas and Electric Corporationʼs Historic Substation No.6. This substation houses the original wheel pits that served Harvey Elyʼs Paper Mill (circa 1825). The original Johnson-Seymore Raceway (circa 1820) still carries water over the wheel pits and through the building itself. It is envisioned that these wheel pits and the Johnson-Seymore Raceway will be opened up for public viewing for the first time in over a century. The proposed passageway will connect the Cityʼs Riverside Convention Center to the Blue Cross Blue Shield Arena at the War Memorial and have several

TUESDAY, JUNE 18, 2002 direct street and terrace connections. This passageway will allow safe, all-weather, and convenient pedestrian and bicycle traffic between these two important public facilities and offer attractive views of the Genesee River over which the former Erie Canal Aqueduct traverses. Integral street and pedestrian connections will be investigated and where feasible, added to the project. Potential street linkages will be explored in detail at the War Memorial Terrace, Aqueduct Street and various other street / river level connecting points. This project will serve to enhance downtownʼs attraction to visitors and residents. It is proposed that museum-quality exhibit space be developed under the east approach. The proposed exhibit space would be reserved for use by area canal and transportation museums /associations/advocates and offer touristʼs a true destination center within the Center City district. Preliminary discussions have occurred with area museums, whereas several of them offered support and a preliminary commitment to museum quality space within the confines of the Historic Erie Canal Aqueduct. In addition to the above description, several key elements identified for inclusion in the beginning phases of the project are listed below: A pedestrian walkway would traverse the aqueduct using half of the structureʼs width. This would allow for views of the interior as well as views of downtown through the structureʼs arches. Interpretive exhibits would be installed along the walkway. This will remain open so as not to exclude usage as a transportation corridor or development space. The undeveloped corridor would be reserved for future uses, including retail or transit. Connections to the skyway system would be made through the Convention Center (via an existing RG&E building) and through the Rundel and Bausch and Lomb Library buildings. During the preliminary scoping phase of the project, the potential for a permanent underground maintenance linkage was investigated. Rightof-way acquisition to provide for maintenance access to the Broad Street bridge and aqueduct is envisioned as a component of this project. The removal of the north terrace to the Rundel Library provides numerous direct benefits related to completing street linkages, developing riverfront viewing space and allowing streetscape connections to both the aqueduct passageway and the museum exhibit space. Removal of the northern terrace will be fully evaluated as part of this project and if feasible, incorporated as part of this project. City Council authorized the City to enter into any necessary agreements with NYS Department of Transportation to participate in and administer the project on January 20, 2000. The supplemental agreement is for professional design services relating to new construction of an enclosed pedestrian promenade within the historic 1837 Erie Canal Aqueduct. Requests for consultant services will begin in the fall of 2002. The estimated cost of the project is $4,750,438. Of this amount, $3,798,350 (80%) will be financed by the Federal government. Of the non-federal cost, $507,750 will be from the State under the Marchiselli Aid Program and financing for the remaining

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TUESDAY, JUNE 18, 2002 $444,338 will be financed by the City. $169,250 of the Cityʼs local match is included in the current CIP. The remaining $273,088 is proposed to be funded by $32,000 in current 2001-02 cash capital allocations to the Department of Environmental Services and $241,088 from the proposed 2002-03 Capital Improvement Program. Total

Federal

State

City

PE & Design $ 514,000 $ 409,200 $ 52,500 $ 52,300 ROW Incidentals 140,000 112,000 21,000 7,000 ROW Acquisition 560,000 448,000 84,000 28,000 Construction, RPR & Contingency 3,536,438 2,829,150 350,250 357,038 Totals $4,750,438 $3,798,350 $507,750 $444,338

Neighborhood Center Improvements Int. No. 206 - Authorizing An Agreement For The Rochester Fatherhood Resource Initiative Project Int. No. 137 - Authorizing Agreements And Appropriating Funds For Human Services, As Amended The following entitled legislation is being held in committee: Int. No. 205 - Authorizing An Agreement For The Quad A For Kids Development Project Respectfully submitted, Tony M. Thompson Lois J. Giess PUBLIC SAFETY, SERVICES & THE ARTS COMMITTEE Received, filed and published.

Design of the project is scheduled to be started in the spring of 2003. Construction is expected to start in spring 2005 and be completed by spring 2007.

TO THE COUNCIL: Ladies and Gentlemen

Partial federal funding for this project is derived from a federal discretionary program known under TEA-21 legislation as the Transportation, Community Systems and Preservation Program. This program has an obligation period of one year meaning that all agreements must be fully executed by this September or federal funding is rescinded.

R2010: Campaign 9 - Healthy Urban Neighborhoods

Respectfully submitted, William A. Johnson, Jr. Mayor Introductory No. 215 AUTHORIZING SUPPLEMENTAL AGREEMENTS WITH RESPECT TO THE BROAD STREET TUNNEL - EAST APPROACH/ERIE CANAL AQUEDUCT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into necessary supplemental agreements with the New York State Department of Transportation to participate in and administer the Broad Street Tunnel - East Approach/Erie Canal Aqueduct Project. To fund the preliminary and final engineering phases of this project, the sum of $132,000 is hereby appropriated from anticipated reimbursements from the Federal Highway Administration. 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. Held in Committee. To the Council:

By Councilmember Douglas June 18, 2002

The Public Safety, Services & the Arts Committee recommends for adoption the following entitled legislation: Int. No. 181 - Authorizing An Agreement For

Ordinance No. 2002-155 Re: Agreement - UNCGR Foundation, United Neighborhood Center Plan

Transmitted herewith for your approval is legislation authorizing an agreement with the United Neighborhood Centers of Greater Rochester Foundation, Inc., P.O. Box 41086, Rochester, New York, for the provision of supplemental financial support for its comprehensive improvement program. The Maximum cost of this agreement will be $300,000, which will be financed from the Improving Housing Stock-Property Conditions Allocation of the 2002-03 Consolidated Community Development Program. The United Neighborhood Centers of Greater Rochester (UNCGR) was established in 1982 to coordinate services and operations of the various neighborhood centers in Rochester. In 1991, UNCGR conducted a study of the needs of the people served by each center and the capacity of the centers to address these needs. As a result of this study, the renovation, expansion or relocation of various centers was planned. The UNCGR Foundation was established in 1992 to raise funds necessary to implement the improvement plan and to encourage administrative efficiencies among the centers. Since then the Foundation has raised a total $16,969,400, all of which as been invested within the city of Rochester. The City has pledged a total of $1.4 million toward this total to date. Of this commitment, $300,000 remains to be paid. The Foundation is requesting payment of the $300,000 at this time. Throughout the life of the UNCGR Foundation, the combined operating, fundraising and overhead costs have totaled only 10% of total expenditures. To date, the Foundation has completed the following projects: Lewis Street Center (Freddie Thomas & Ontario Street) $ 2,561,800 Eastside Community Center 2,701,900 Charles Settlement House 4,170,000 Baden Street Settlement House 47,000 SWAN/Southwest Community Center 1,663,200 Montgomery Neighborhood Center 26,400

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Shared Services Unit and Agency Consolidation

1,097,040 $12,267,340

(Genesee Settlement House and Eastside Community Center have merged into Community Place and Lewis Street Center is completing the process of joining the merger)

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-156 And Introductory No. 205 Re: Human Services Programs

To date, the City has provided allocations totaling $1,100,000:

R2010: Campaign 3 - Health, Safety and Responsibility

Date

Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for human services projects:

Center/House

Amount

June 28, 1994 Eastside May 9, 1995 Charles November 19, 1996 Charles March 17, 1998 Southwest Community Center February 16, 1999 Genesee/Lewis Street February 5, 2002 Lewis Total

$ 166,700 166,700 132,600 166,700 300,800 166,500 $1,100,000

Organization Project

Amount

Rochester Fatherhood Resource Initiative, Inc. Rochester Fatherhood Resource Initiative Project

$25,000

Rochester Area Community Foundation Quad A for Kids Development Project

50,000

The proposed appropriation of $300,000 will be applied toward the relocation of Genesee Settlement House (now merged with Community Place). The project will increase the space available for recreation services as well as collaborative space with Community Place by replacing the building adjacent to the gymnasium. The Bureau of Parks and Recreation will be making additional site improvements as well. All necessary approvals for this project have been secured and completion of construction is projected to be in the latter half of 2002.

The cost of both projects will be financed from the General Community Needs allocation of the Year 28 Community Development Block Grant. Both projects are in the first year of CDBG funding and are classified as a project with matching funds.

Respectfully submitted, William A. Johnson, Jr. Mayor

Attachment No. AB-74

Project descriptions and budgets are attached. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-156 (Int. No. 206)

Attachment No. AB-73 Ordinance No. 2002-155 (Int. No. 181) Authorizing An Agreement For Neighborhood Center Improvements 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 Neighborhood Centers of Greater Rochester Foundation, Inc. to administer funds for the relocation of Genesee Settlement House (now merged with Community Place). Section 2. The agreement shall obligate the City to pay an amount not to exceed $300,000, 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.

Authorizing An Agreement For The Rochester Fatherhood Resource Initiative Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester Fatherhood Resource Initiative, Inc. for the Rochester Fatherhood Resource Initiative Project. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $25,000, 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. Introductory No. 205 AUTHORIZING AN AGREEMENT FOR THE

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TUESDAY, JUNE 18, 2002 QUAD A FOR KIDS DEVELOPMENT PROJECT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester Area Community Foundation for the Quad A For Kids Development Project.

be appropriate. Section 4. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. By Councilmember Norwood June 18, 2002

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $50,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2002-03 Community Development Program.

To the Council:

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

Int. No. 182 - Authorizing The Sale Of Real Estate

The Housing and Community Development Committee recommends for adoption the following entitled legislation:

Section 4. This ordinance shall take effect immediately.

Int. No. 183 - Authorizing The Sale Of Real Estate Along Route 15A

Held in committee.

Int. No. 184 - Authorizing A Lease Agreement With Tim Tompkins For The Continued Lease Of Space By The Downtown Police Section

Introductory No. 137 was introduced May 14, 2002, and appears in its original form with its transmittal letter on page 135 of the current Council Proceeding. Attachment No. AB-75 Ordinance No. 2002-157 (Int. No. 137, As Amended) 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:

Int. No. 185 - Authorizing A Lease Agreement With Joseph D. DeGeorge For The Continued Lease Of Space For The Area E NET Office Int. No. 186 - Authorizing An Agreement With The Greater Rochester Housing Partnership, Inc. For Housing Services Int. No. 187 - Authorizing An Agreement For The Asset Control Area Partnership (ACAP) Program Int. No. 188 - Authorizing Agreements Relating To The Graffiti Control Program Int. No. 189 - Authorizing Agreements With The Enterprise Foundation For Housing Services Int. No. 190 - Appropriation Of Funds And Authorizing Agreements For The Home Purchase Assistance Program

Organization Project

Amount

[Northeast Neighborhood Alliance Summer On The City Farm

Int. No. 191 - Authorizing An Agreement With The Housing Council In The Monroe County Area, Inc. For The Continued Provision Of Mortgage Services - $257,360

$48,900]

Int. No. 192 - Authorizing Agreements For Landlord And Tenant Services - $163,000

20,000

Int. No. 193 - Authorizing An Agreement For Housing Development Support - $125,000

Cameron Community Ministries Northwest Youth Programs

32,000

Int. No. 194 - Authorizing An Agreement For The Homeownership Initiative Program - $85,000

[Rochester Community Foundation Quad A For Kids

12,500]

Int. No. 195 - Authorizing An Agreement For The Home Store

YMCA

Reidman Summer Science and Technology Camp

Section 2. The agreements shall obligate the City to pay an amount not to exceed $[113,400] 52,000, and said amount, or so much thereof as may be necessary, is hereby appropriated from the General Community Needs Allocation of the 2001-02 Community Development Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to

Int. No. 196 - Authorizing An Agreement With Neighborhood Housing Services Int. No. 197 - Authorizing A Loan Agreement For The NEBCA Rental Project Int. No. 198 - Authorizing An Amendatory Agreement With Action For A Better Community, Inc. For Continued Administration Of The Joint Energy

Page 160 Conservation Program - $90,000 Int. No. 199 - Authorizing Agreements With Neighborhood Organizations For Administration Of The Residential Assistance Program - $1,310,000 Int. No. 202 - Authorizing Agreements For The Development Of Affordable Housing Int. No. 203 - Appropriating Funds And Authorizing Agreements For CHDO Operating Assistance Int. No. 211 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Zoning Ordinance And Map Revision Project Int. No. 212 - Amending The Municipal Code With Respect To The Issuance Of Immediate Tickets For Commercial Activities Conducted In Violation Of The Zoning Ordinance Int. No. 213 - Authorizing An Application And Agreements Relating To The Emergency Shelter Grant Program And Amending Ordinance No. 2000-169 Int. No. 214 - Amending Ordinances No. 2002-38 And 2002-39, Relating To The Near Westside Rental Project Int. No. 238 - Amending Ordinance No. 99-349 Relating To Participation In The Asset Control Area Partnership (ACAP) Program The Housing and Community Development Committee recommends for consideration the following entitled legislation: Int. No. 201 - Changing The Zoning Classification Of 639, 643, 647, 649 And 653-655 Jefferson Avenue From R-2 Two-Family Residential To C-1 Neighborhood Commercial Int. No 204 - Amending The Official Map By Dedication Of Cunningham Street Respectfully submitted, Wade S. Norwood Lois J. Giess Gladys Santiago HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-158, 2002-159. 2002-160. And 2002-161 Re: Real Estate Transactions R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation approving the sale of eight properties and the lease of two properties. Sales The first three properties to be sold - 120 Ambrose Street, 292 Curlew Street, and 422 First Street - are single family structures included in the Tenant Ownership Program. The purchasers will be required to rehabilitate the structures within 18 months of the

TUESDAY, JUNE 18, 2002 conditional closing and to occupy them for a minimum of seven years. The next property - 473 Jefferson Avenue - is a vacant lot that was included in the public auction of September 24. The property will be fenced and landscaped and combined with the purchaserʼs adjacent property. The next property - 82 Garfield Street - is a single family structure that will be rehabilitated and resold by the Rochester Housing Development Fund Corporation to an owner occupant. The next two properties - the south and north halves of 141 Warner Street - are considered unbuildable because of their combined narrow width (38ʼ). They will be sold for $1.00 to the owners of the adjacent properties and combined with those properties. The last property to be sold, a 1200 square foot parcel adjacent to Route 15A south of the Hamlet of Hemlock, will be used by the Hemlock Sanitary Sewer District for the construction of a sewer pump station. The sale price was established by an independent appraiser, Robert Pogel. Leases The first lease involves the continued use by the Downtown Patrol Section of 9900 square feet of space at 107-113 Liberty Pole Way. The cost of the one-year lease, $82,800, will be financed from the 2002-03 budget of the Police Department. The cost of the proposed lease is $1200 more than the cost of the present lease. The increase in cost reflects the cost of electrical work in menʼs and womenʼs locker rooms requested by the Police Department. The Downtown section has leased this space since 1985. The most recent lease agreement was authorized by the City Council on May 13, 1997. The second lease involves the continued use by the Area E NET office of 1,700 square feet of space at 212 Webster Avenue. The annual cost of the lease, $11,900, will be financed from NETʼs budget. The cost of the proposed lease is $100 more than the cost of the present lease, which was authorized by the Council on March 18, 1997. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-66 Ordinance No. 2002-158 (Int. No. 182) 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 real estate through the tenant ownership program: Address S.B.L.#

Price Purchaser

120 Ambrose St. 105.67-1-33

$20,000 Anthony Davis

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TUESDAY, JUNE 18, 2002 292 Curlew St. 105.24-2-41 422 First St. 106.35-2-46

10,000 Anita Perry 6,500 Suzanne Parker

Section 2. The Council hereby further approves the sale of the following parcel of vacant land with proposal by regular auction: Address S.B.L.#

Price Purchaser

473 Jefferson Ave. 120.59-2-27

$50 Jefferson Avenue Baptist Church*

* Josephine Green, Priscilla Walter, L.C. Green Section 3. The Council hereby further approves the sale of the following parcel of improved property by negotiated sale: Address S.B.L.#

Price Purchaser

82 Garfield St. 120.47-2-79

$10,000 Rochester Housing Development Fund Corporation*

* Officers: Jean A. Lowe, Raphael E. Cestero, Kevin V. Recchia, Robert Barrows Section 4. The Council hereby further approves the sale of the following parcels of unbuildable vacant land by negotiated sale: Address S.B.L.#

Sq. Ft. Purchaser

NH 141 Warner St. Pt. of 105.57-1-18 Gardner SH 141 Warner St. Pt. of 105.57-1-18

2,280 Stuart C. & Mary Rose 2,280 Clifton Seaman

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. Passed unanimously. Ordinance No. 2002-159 (Int. No. 183) Authorizing The Sale Of Real Estate Along Route 15A BE IT ORDAINED, by the Council of the City of Rochester as follows:

Passed unanimously. Ordinance No. 2002-160 (Int. No. 184) Authorizing A Lease Agreement With Tim Tompkins For The Continued Lease Of Space By The Downtown Police Section 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 Tim Tompkins for the continued lease of approximately 9,900 square feet of space at 107- 113 Liberty Pole Way to be used by the Downtown Police Section of the Rochester Police Department. The agreement shall extend for a term of one year, with one additional one-year renewal option. Section 2. The lease agreement shall obligate the City to pay an amount not to exceed $6,900 in monthly rent. Said amounts shall be funded from the Police Department Operating Budget. 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. 2002-161 (Int. No. 185) Authorizing A Lease Agreement With Joseph D. DeGeorge For The Continued Lease Of Space For The Area E NET Office 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 Joseph D. DeGeorge for the continued lease of space at 212 Webster Avenue to be used for the Area E NET Office. The agreement shall extend for a term of one year, with one additional one-year renewal option. Section 2. The lease agreement shall obligate the City to pay an amount not to exceed $11,900 in annual rent. Said amounts shall be funded from the NET Operating Budget. 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.

Section 1. The Council hereby approves the sale of a City-owned parcel of land approximately 30 feet by 40 feet in size located on the west side of Route 15A, south of the Hamlet of Hemlock, to the Town of Livonia, Hamlet of Hemlock Sanitary Sewer District, for the sum of $900.

TO THE COUNCIL: Ladies and Gentlemen:

Section 2. This ordinance shall take effect immediately.

R2010: Campaign 9 - Healthy Urban Neighborhoods

Ordinance No. 2002-162 Re: Agreement - Greater Rochester Housing Partnership, Operating Support

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TUESDAY, JUNE 18, 2002

Transmitted herewith for your approval is legislation authorizing an agreement with the Greater Rochester Housing Partnership Inc., 183 E. Main Street, 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 2002-03 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, $1,648,000 has been allocated for this purpose. The most recent allocation was authorized by the City Council on June 19, 2001. Following is a summary of GRHPʼs accomplishments between July, 2001 and March 2002: 1. Acquisition/Rehabilitation Goal:

Have capacity to provide financing, property management services and technical assistance for at least 22 houses through the HOME program.

Status: Management services provided for 22 houses. 2. Single-Family/New Construction Goal:

Provide at least $600,000 in construction financing to developers of new single- family houses.

Status: $1,440,000 provided for 24 new homes. 3. Rental Projects Goal:

Provide direct construction loans.

Status: $500,000 provided for 20 units on scattered sites. Goal:

Continue management of the Low Income Tax Credit Fund.

Status: Provided investment of $586,000 for Vermont Manor, located at 1305 Culver Road, to redevelop property into 16 affordable rental units. Under the proposed agreement, GRHP will continue these activities during 2002-03. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-162 (Int. No. 186) 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 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: Int. No. 2002-163 Re: Rochester Housing Development Fund Corporation R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation regarding the Rochester Housing Development Fund Corporation (RHDFC). This legislation will: Appropriate the sum of $175,000 from the Housing Stock and General Property Conditions allocation of the 2002-03 CDBG for use by the RHDFC to fund the operations thereof and authorize an agreement with the RHDFC for this purpose. The RHDFC facilitates the Cityʼs participation in the Asset Control Area Partnership (ACAP) program of the U. S. Department of Housing and Urban Development, which was authorized by City Council on September 15, 1999. Under the terms of the agreement with HUD, the City is obliged to purchase FHA-foreclosed properties with one to four units in eleven zip code areas. Since then, 832 properties have been purchased by the City through this agreement. Under the terms of the agreement, the City resells 65% of the acquired homes to owner-occupants through three programs: 1. Homeownership Investment Program (HIP), 2. Officer Next Door and Teacher Next Door programs; and 3. Home Rochester program. The first two programs facilitate the direct sale of properties. The third program promotes the sale of properties to approved developers that rehabilitate and resell the properties to income-eligible owneroccupants. The mission of the RHDFC is to assist the City in its implementation of this third program component of the ACAP agreement with HUD. Though the ACAP Program is currently on hold, it is expected that the program will be operational again by November 1, 2002. The RHDFC currently holds title to 39 properties. There are an additional 35 properties that are in the RHDFCʼs pipeline which will maintain activity from July to November 2002.

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TUESDAY, JUNE 18, 2002 The RHDFC, a non-profit organization, operates in partnership with the City, Enterprise Foundation, Greater Rochester Housing Partnership (GRHP), Chase Manhattan Bank, Community Preservation Corporation (CPC), and the United Way/Martin Luther King Memorial Housing Fund. The RHDFC Board of Directors is comprised of representatives from each participating entity which invests in a capital loan pool to fund the RHDFCʼs development activities. The RHDFC is administered by the GRHP. The specific responsibilities of the RHDFC are as follows: 1. Acquire properties from the City and hold title to properties throughout the rehabilitation and marketing period; 2. Assign properties to participating developers; 3. Produce a standardized construction scope and specification for each property; 4. Provide financial packaging; 5. Obtain and monitor subsidy to reduce the homebuyerʼs purchase price; 6. Monitor construction and sales processes; and 7. Provide services and technical assistance to enhance the capacity of less experienced, nonprofit developers. The RHDFC Board is responsible for approving construction loans for the rehabilitation of properties by the participating developers. To the extent feasible, properties are aggregated into geographic clusters for assignment to selected developers, which will receive a development fee equal of $4,000. To date, 6 properties have been rehabilitated and sold to income-eligible homebuyers; an additional 15 are under contract with buyers. The RHDFC oversees the rehabilitation of the properties. The costs of administration will be financed from the proposed CDBG appropriation. Property management services are provided by Proway Management Corporation, which currently manages all the properties acquired by the City under the ACAP Program. Upon completion of rehabilitation, the properties will be listed on the Greater Rochester Association of Realtorsʼ Multiple Listing Service by the Home Store, which will receive a commission of 1% for each listed property that is sold. NHS of Rochester provides homeownership education, pre- and postpurchase counseling. The Home Store also provides income certification and pre-qualifying for various subsidy programs and works with the GRHP and the Department of Community Development (DCD) to obtain subsidies for income-eligible prospective homeowners. The RHDFC will also provide technical assistance to developers, as needed. In the event that RHDFC expertise is needed, the developer fee received by the non-profit will be pro-rated with the RHDFC. Households with incomes of up to 120% of median income will be eligible to purchase homes. The combination of available subsidies from the City and State of New York will enable low- and moderate-income households earning as low as 40% of the area median to realize homeownership.

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-163 (Int. No. 187) Authorizing An Agreement For The Asset Control Area Partnership (ACAP) Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with the Rochester Housing Development Fund Corporation for continued assistance in the operation of the Asset Control Area Partnership (ACAP) Program. Section 2. The agreement shall obligate the City to pay an amount not to exceed $175,000, 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. 2002-164 Re: Neighborhood Graffiti Control Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Neighborhood Graffiti Control Program. This legislation will: 1. Appropriate $100,000 from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Block Grant to finance continuation of the program; and 2. Authorize any required agreements or amendatory agreements to administer the program. The graffiti control program, which was initiated in 1992, is designed to assist neighborhood residents and businesses in reducing the incidence and extent of graffiti. To date, $2,248,364 has been appropriated to 14 neighborhood organizations, the City School District, Monroe County and the Department of Environmental Services to finance anti-graffiti activities. The most recent appropriations were approved by the City Council on June 28, 2001. A summary of the total appropriations provided to all participant organizations and the unused balances of these appropriations is attached. Since its inception, the combined efforts of the Neighborhood Graffiti Control Programs have resulted in the removal of graffiti from 8,667 properties. Of this

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TUESDAY, JUNE 18, 2002

number, a total of 914 properties benefited from the program during the 12-month period from May, 2001 through April, 2002, as compared to 1,119 properties from the prior 12-month period. It should be noted that these numbers exclude the approximately 300 removals accomplished annually by the Department of Environmental Services using their “Defacer-Eraser” graffiti mobiles. The proposed legislation provides the following appropriations to continue Neighborhood Graffiti Control Programs: Organization Neighborhood

Amount

Marketview Heights Association South Marketview North East Area Development Sector 8 Northwest Community Services Brown-Square Dutchtown Edgerton Lyell-Otis Susan B. Anthony South East Area Coalition South East Quadrant (except for South Wedge) Southwest Area Neighborhood Association Genesee-Jefferson Total

$ 10,000 45,000 30,000

10,000 5,000 $100,000

The following organizations have sufficient funds from prior allocations to continue their programs into this forthcoming fiscal year: CONEA, Group 14621, Montgomery Neighborhood Center, and NEBCA.

not to exceed the following for funding as part of the Graffiti Control Program: Organization Neighborhood Marketview Heights Association South Marketview North East Area Development Sector 8 Northwest Community Services Brown-Square Dutchtown Edgerton Lyell-Otis Susan B. Anthony South East Area Coalition South East Quadrant (except for South Wedge) Southwest Area Neighborhood Association Genesee-Jefferson Total

Amount $ 10,000 45,000 30,000

10,000 5,000 $100,000

Section 2. The agreements 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 Property Conditions Allocation of the 2002-03 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.

The agreement with North East Area Development (NEAD) is structured to fund either graffiti removal or the maintenance of vacant private or vacant Cityowned properties in Sector 8, subject to demand. For private properties under the agreementʼs vacant property maintenance component, the usual property code violation notification process is used. When a violation occurs at a private property, a Notice and Order is sent to the owner. If the necessary abatement does not occur, a work order is sent to NEAD.

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

For City-owned lots, NEAD provides mowing, trimming and trash removal services in accordance with a specified schedule. To date, NEAD has serviced a total of 1,112 vacant properties from allocations totaling $150,515. The most recent appropriation specific to this component was approved by City Council on June 28, 2001.

Transmitted herewith for your approval is legislation authorizing two agreements with the Enterprise Foundation for the continued provision of technical assistance relating to housing and community development activities. The maximum cost of this agreement will be $100,000, which will be financed from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant.

Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-67 Ordinance No. 2002-164 (Int. No. 188) Authorizing Agreements Relating To The Graffiti Control Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into agreements or amendatory agreements with the following neighborhood organizations in amounts

Ordinance No. 2002-165 Re: Agreement - The Enterprise Foundation, Housing Development R2010: Campaign 9 - Healthy Urban Neighborhoods

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. The RCDC has received commitments of $4.3 million in grants and loans for operating assistance and capital awards to community development corporations. Enterprise has provided a total of $225,000 in grants

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TUESDAY, JUNE 18, 2002 to each of the following: 1. North East Neighborhood Alliance 2. Ibero-American Development Corporation 3. NCS Development Corporation (formerly Northwest Community Services)

5. Commit one full-time staff person to the SWDC project. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-165 (Int. No. 189)

4. North East Area Development, Inc. Under the first proposed agreement, Enterprise will provide the following services: 1. Continue to administer the RCDC program and provide technical assistance to the four aforementioned agencies; and 2. Provide technical assistance to: a. Rochester Housing Development Fund Corporation, b. Non-profit housing developers that are involved with projects in conjunction with the RHDFC; and c. City of Rochester

Authorizing Agreements 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 agreements with The Enterprise Foundation for technical assistance relating to housing and community development activities. Section 2. The agreements 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 2002-03 Community Development Program.

Under the second proposed agreement, Enterprise will also provide technical assistance to the South West Development Council, a collaborative consisting of:

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

1. Eagle Area Community Development Corporation,

Section 4. This ordinance shall take effect immediately.

2. Sector 4 Community Development Corporation,

Passed by the following vote:

3. Frederick Douglass Community Development Corporation,

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

4. South West Area Development Corporation.

Nays - None - 0.

The City and Enterprise have each committed $25,000 a year for two years to fund this effort; funding for the first year was authorized by City Council on January 15, 2002 for the period September 1, 2001 to August 31, 2002.

Councilmember Santiago abstained vote because she is an employee of one of the affiliating agencies.

Enterprise will:

Ordinance No. 2002-166 Re: Home Purchase Assistance Program

1. Assist SWDC to identify development opportunities in the southwest area of the city; 2. Develop detailed work plans for each development opportunity that is identified, including: a. Preparation of a feasibility analysis and financial plan, b. Identification of possible funding sources, c. Creation of “partnerships” among local financial institutions to provide the necessary funds. 3. Facilitate relationships among local partners and the development team; and 4. Manage the development process, including: a. Land assemblage, b. Construction management, and c. Financial “packaging”.

TO THE COUNCIL: Ladies and Gentlemen:

R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Home Purchase Assistance Program. This legislation will: 1. Appropriate $350,000 from the 2002-03 HOME allocation to provide funds for the program; and 2. Authorize any necessary agreements. The Home Purchase Assistance Program, which was established by the City Council in 1996, provides financial assistance to low- and moderate-income persons who qualify for mortgages but do not have sufficient funds for a down payment or closing costs. To be eligible for assistance, a person must be a prospective owner-occupant of a one- or two-family house, satisfy the income qualifications of the HOME program and participate in home buyer training.

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TUESDAY, JUNE 18, 2002

Financial assistance consists of loans of up to $3,000. A loan is forgiven if the recipient continues to reside in the house and the property is not sold for five years. To date, $2,143,800 has been appropriated for the program. $2,063,890 of this amount has been expended or committed for 727 home buyers. An additional $79,910 was used to finance administrative expenses during the first year the Home Purchase Assistance Program was implemented. It is projected that the proposed appropriation will provide assistance to 100 additional households. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-166 (Int. No. 190)

9 Month Planned Counseling Cases Mortgage Relief Grants

136 13

9 Month Actual 166 13

During this period, 99% of the cases resulted in the prevention of foreclosures. Resolutions included reinstatement, sale or refinancing. The proposed agreement will provide for continuation of these services during 2002-03. Of the total cost of the agreement, $25,000 will be budgeted for mortgage relief grants. The maximum grant is $2,500. The grant is secured with a five-year lien against the property. If the property is sold or rented during this period, repayment of the grant is required.

Appropriation Of Funds And Authorizing Agreements For The Home Purchase Assistance Program

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:

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

1. Own a one- or two-family house and reside in it.

Section 1. The sum of $350,000, or so much thereof as may be necessary, is hereby appropriated from 2002-03 HOME Program Funds to fund the Home Purchase Assistance Program.

2. Have a family income within the guidelines specified for the Section 8 program.

Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the Home Purchase 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. 2002-167 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., 183 East Main Street, for the continued provision of mortgage default resolution services. The maximum cost of the agreement will be $257,360, which will be financed from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant.

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. The counseling and resolution process includes household budget and income analyses and negotiation with mortgage lenders and other parties such as HUD/FHA to arrive at appropriate resolutions. Possible resolutions include, refinancing, negotiated repayments and use of grants for eligible clients. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-167 (Int. No. 191) Authorizing An Agreement With The Housing Council In The Monroe County Area, Inc. For The Continued Provision Of Mortgage Services - $257,360 BE IT ORDAINED, by the Council of the City of Rochester as follows:

The Housing Council has provided mortgage default resolution services since 1975 and has administered the mortgage relief grants since 1990. The current agreement for provision of these services was authorized by the City Council on June 19, 2001.

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.

Following is a summary of the Housing Councilʼs performance through April, 2002.

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $257,360,

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TUESDAY, JUNE 18, 2002 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.

MCLAC Low Income Tenant Legal Services Housing Court representation Integrated case management Eviction counseling Sincerely, William A. Johnson, Jr. Mayor Attachment No. AB-68

Passed unanimously.

Ordinance No. 2002-168 (Int. No. 192)

TO THE COUNCIL: Ladies and Gentlemen:

Authorizing Agreements For Landlord And Tenant Services - $163,000

Ordinance No. 2002-168 Re: Agreements - Landlord and Tenant Services

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

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 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 2001-02 and 2002-03 Community Development Block Grants. According to the 2000 census, there are approximately 89,000 occupied housing units in the city. Of this number, approximately 60% are rental units. For several years, the City has sponsored various programs designed to enhance awareness of landlords and tenants of their respective responsibilities, encourage improved property maintenance and reduce vacancies and evictions. The aforementioned agencies have provided these programs under periodic agreements; the most recent agreements were authorized by the City Council on June 19, 2001. A summary of the performance of each agency is attached. Following are their planned services for 2002-03. Organization Program Services

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: Organization

Amount

Housing Council in the Monroe County Area, Inc. Legal Aid Society Monroe County Legal Assistance Corporation

$70,000 70,000 23,000

Section 2. The agreements shall obligate the City to pay an amount not to exceed $163,000, and of said amount, or so much thereof as may be necessary, $3,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2001-02 Community Development Program and $160,000 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. 2002-169 And Ordinance No. 2002-170 Re: Agreements - Housing Development R2010: Campaign 9 - Healthy Urban Neighborhoods

Housing Council Landlord/Tenant Services Landlord training classes One-on-one counseling Telephone hotline service

Transmitted herewith for your approval is legislation authorizing agreements with the following organizations for the continued provision of housing development services.

Legal Aid Society Owner-Tenant Mediation Housing Court advocacy Mediation services Community workshops

Housing Opportunities, Inc. Urban League of Rochester Economic Development Corporation

Organization

Amount $125,000 85,000 $210,000

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TUESDAY, JUNE 18, 2002 ULREDC rental properties, which currently contains 36 units.

The costs of these agreements will be financed from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant and from the Community Housing Development Organization allocation of the 2002 HOME Program.

These agreements represent 21% of HOPʼs total budget of $575,000 and 12% of ULREDCʼs total budget of $735,900.

For several years, under periodic agreements, HOP and ULREDC have provided various housing development services in support of the Cityʼs housing policies and initiatives. The most recent agreements were authorized by the City Council on June 19, 2001. Following is a summary of their performance under those agreements.

Ordinance No. 2002-169 (Int. No. 193)

HOP HOME Rochester houses rehabilitated Rental units developed Tenants served (rental units) Projects planned/researched ULREDC HOME Rochester houses rehabilitated New houses constructed Rental units developed Rental units managed Projects planned/researched

Goal

Actual

4 85 300 4

8 85 300 3

12 15 6 30 2

12 24 6 36 5

Respectfully submitted, William A. Johnson, Jr. Mayor

Authorizing An Agreement For Housing Development Support - $125,000 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 Housing Opportunities, Inc., for development and management of housing units for low-income families and housing technical assistance.

Activities proposed for 2002-03 include the following:

Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $125,000, and of said amount, or so much thereof as may be necessary, $115,000 is hereby appropriated from the Improving the Housing Stock and General Property Conditions Allocation of the 2002-03 Community Development Program and $10,000 is hereby appropriated from 2002 HOME Program Funds.

HOP

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

1. HOME Rochester - Rehabilitate four structures.

Section 4. This ordinance shall take effect immediately.

2. New Single-Family Construction - Construct four new homes through targeted new construction in the City.

Passed unanimously.

3. Rental Development - Develop a minimum of 51 rental units. 4. Technical Assistance - Provide technical assistance to other non-profit housing developers as necessary. 5. Property Management - Continue to manage HOP rental properties, which currently total 300 units. 6. Projects Planned/Researched - Continue planning/research for a minimum of two projects. ULREDC 1. HOME Rochester - Rehabilitate 15 structures. 2. New Single-Family Construction - Construct seven new homes and seek funding to develop one additional project. 3. Rental Development - Develop a minimum of 10 rental units and seek funding to develop at least one additional project. 4. Homeownership - Continue to provide technical assistance to the Home Store. 5. Property Management - Continue to manage

Ordinance No. 2002-170 (Int. No. 194) Authorizing An Agreement For The Homeownership Initiative Program - $85,000 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 Urban League of Rochester Economic Development Corporation for the Homeownership Initiative Program. 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 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:

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TUESDAY, JUNE 18, 2002 Ladies and Gentlemen:

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.

Ordinance No. 2002-171 Re: Agreement - Urban League of Rochester Economic Development Corporation, Home Store

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

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, 304 Andrews Street, for continued operation of the Home Store. The maximum cost of this agreement will be $265,000, which will be financed from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant. 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 postpurchase counseling relating to home ownership. 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 20, 2000. Following is a summary of the performance of the Urban League under this agreement through April 30, 2001 and the projected performance for 2002-03: Service

2001-02 Planned

2001-02 Actual

2002-03 Projected

Home Rochester/Rehabilitation Programs Cases 60 41 60 Home Expo/New Construction Cases 51 24 24 Home Purchase Assistance Program Cases 133 116 133 HIP Sales 85 67 85 Homestead Lottery 15 12 15 Phone screening and referral 5,000 4,424 5,000 Seminars: Number 40 48 40 Participants 2,000 1,850 2,000 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. 2002-172 Re: Agreement - Neighborhood Housing Services, Housing Program Agreements R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing agreements with Neighborhood Housing Services of Rochester, 570 South Avenue, for continued operation of the Revolving Loan Fund Program and the continued provision of home buyer education services. The total cost of these agreements will be $150,000, which will be financed from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant. The loan program was initiated in the Edgerton neighborhood area in 1980, expanded to the primary target area in 1988, and made available city-wide in 1995. It is designed to permit homeowners with an excessive debt-to-income ratio, inadequate credit or employment history to obtain a rehabilitation loan. NHS has administered the program since its inception. The most recent agreement for such administration was authorized by the City Council on July 17, 2001. From July 1, 2001 to May 6, 2002, 32 loans totaling $178,585 were made. These loans leveraged an additional $211,092 in grant funds. Under the first proposed agreement, NHS will originate 40 new rehabilitation loans during 2002-03 for an administrative fee of $75,000. NHS will be responsible for: 1. Promoting the program;

Authorizing An Agreement For The Home Store

2. For each loan: determining the eligibility of the property owners, inspecting the property, estimating the costs of rehabilitation, reviewing insurance needs, providing financial counseling, arranging loan packaging, preparing work specification, soliciting bids, providing construction management and servicing the loan;

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

3. Selling approved loans on the secondary market, if appropriate;

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.

4. Resolving delinquencies through counseling, restructuring, or the collection of liens; and

Ordinance No. 2002-171 (Int. No. 195)

Section 2. The agreement shall obligate the City to pay an amount not to exceed $265,000, and said

5. Administering the program and soliciting additional funds for it. Under the second proposed agreement, NHS will

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TUESDAY, JUNE 18, 2002

continue to provide homebuyer education to purchasers who receive financial assistance under the Home Expo, Home Rochester, and Home Purchase Assistance Programs. Pre-purchase Training Focus: Fast Track to Home Ownership, 8 hours No. of sessions planned 2002-03 No. of sessions 2001-02 No. of households participating through May 6 Projected no. of households 2002-03 Pre-purchase Training Focus: Homebuyers Club, 16 hours (eight sessions) No. of sessions planned 2002-03 No. of sessions 2001-02 No. of households participating through May 6 Projected no. of households 2002-03 Post-purchase Training Focus: Making Your House Your Home, 3 hours No. of sessions planned 2002-03 No. of sessions 2001-02 No. of households participating through May 6 Projected no. of households 2002-03 Post-purchase Training Focus: Best on the BlockSpring, 3 hours No. of sessions planned 2002-03 No. of sessions 2001-02 No. of households participating through May 6 Projected no. of households 2002-03 Post-purchase Training Focus: Best on the BlockFall, 3 hours No. of sessions planned 2002-03 No. of sessions 2001-02 No. of households participating through May 6 Projected no. of households 2002-03

12 12 381 400

6 6 99 100

4 4 84 160

2 2 70 125

2 2 73 125

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-172 (Int. No. 196) Authorizing An Agreement With Neighborhood 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 Neighborhood Housing Services of Rochester for the continued operation and capitalization of the Revolving Loan Fund Program and the continued provision of home buyer education. Section 2. The agreement shall obligate the City of Rochester to pay an amount not to exceed $150,000, 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. 2002-173 Re: Agreement - North East Block Club Alliance, Rental Project R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation which will authorize an agreement with the North East Block Club Alliance for an affordable rental project at 1505 Clifford Avenue. The proposed agreement will be in an amount not to exceed $30,000 and will be funded from the 1999-00 City Development Fund. NEBCA acquired 1505 Clifford Avenue from the City in July 2001 through the Asset Control Area Partnership Program for $7,108. The property was originally constructed as mixed-use building, with commercial space on the ground floor and living units above, which had been converted to three residential units at the time of the HUD/FHA foreclosure. The property is located adjacent to NEBCAʼs existing office/residential building at 1499 Clifford Avenue. NEBCA has deconverted the first floor apartment and expanded their offices into that space. The two second floor apartments have been renovated and NEBCA has proposed to offer and manage them as affordable rental units. Both apartments are one-bedroom units and rent for $350 per month. NEBCA has requested permanent financing from the City for the residential costs of the project. Acquisition and construction financing was secured through Citibank and involved the refinancing of their existing office/residential building. The project had a total cost of $43,150, with the residential rehabilitation portion costing $30,675. The proposed terms of the Cityʼs loan are (1) fully amortized principal and interest and (2) 1% interest, with a ten-year term. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-173 (Int. No. 197) Authorizing A Loan Agreement For The NEBCA Rental Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into a loan agreement with the North East Block Club Alliance (NEBCA) whereby the City shall provide an amount not to exceed $30,000 to finance the costs of affordable rental units at 1505 Clifford Avenue. The funding shall be provided as a 10 year loan at a 1%

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TUESDAY, JUNE 18, 2002 interest rate. Said amount shall be funded from the 1999-2000 City Development Fund. Section 2. The loan 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. 2002-174 Re: Agreement - ABC, Joint Energy Conservation Program R2010: Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation authorizing an amendatory agreement with Action for a Better Community, Inc., 550 E. Main Street, 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 2002-03 Community Development Block Grant. Since 1978, ABC has administered an energy conservation program through grants from the NYS Division of Economic Opportunity. Under this program, grants, in the amount of $1,500 per unit, were provided for physical improvements that reduce energy consumption. Since then, these state grants have been increased to a maximum of $4,000 for households whose annual incomes do not exceed 50% of median. Each year, approximately 350 property owners benefit from the state resources. In 1994, the City began providing supplemental matching funds for the program, permitting the per property grant to be increased from what was a $1,500 state grant to a combined grant of $3,000. The Cityʼs share would be applied toward households with incomes of up to 80% of median versus the 50% of median income for state funding. The most recent agreement for such supplemental funding was authorized by the City Council on June 19, 2001. 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 2. An investor-owner who ... a. Rents the unit(s) to tenants who meet the guidelines, 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. This year, it is recommended that the Cityʼs supplemental funding be increased from $1,500 to an amount not to exceed $3,000 per property to provide expanded assistance to households with between 50% to 80% of median income. The adjustment in funding will also conform more closely with eligibility ranges and dollar amounts offered through other City-funded

programs. 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. 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.

To date, CDBG grants totaling $457,209 have been expended toward repairs to 618 properties. An additional $38,524 has been provided for administrative costs. 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, it includes the conduct of a minimum of two energy conservation workshops per 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 Ordinance No. 2002-174 (Int. No. 198) Authorizing An Amendatory Agreement With Action For A Better Community, Inc. For Continued Administration Of The Joint Energy Conservation Program - $90,000 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Mayor is hereby authorized to enter into an 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 2002-03 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. 2002-175 Re: Residential Assistance Program R2010: Campaign 9 - Healthy Urban

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TUESDAY, JUNE 18, 2002

Neighborhoods Transmitted herewith for your approval is legislation relating to the 2002-03 Residential Assistance Program in various neighborhoods. This legislation will: 1. Appropriate $1,310,000 from the Housing Stock and General Property Conditions allocation of the 2002-03 Community Development Block Grant to finance the program; and 2. Authorize agreements or amendatory agreements with 10 neighborhood organizations to provide for administration of the program. The Residential Assistance Program consists of the Special Materials Grant, Home Security and Emergency Repair Grant program components. In the past, these components provide grants of up to $3,500 to assist low-income owner-occupants in making emergency repairs and the purchase of materials for exterior repairs and home security. In the future, an additional $1,000 will be provided for the removal of lead paint. Since their inception, these program components have been administrated by various neighborhood organizations. The most recent agreements for such administration were authorized by the City Council on June 19, 2001. A summary of the grants provided under these agreements is attached. The proposed legislation will provide the funds required for continuation of the grant programs during 2002-03. Respectfully submitted, William A. Johnson, Jr. Mayor

Bullshead Cornhill Genesee-Jefferson Mayors Heights 19th Ward Plymouth-Exchange Southeast Dutchtown North East Area Development Beechwood Browncroft Culver-Winton Homestead Heights Northland Lyceum North East Block Club Alliance North Marketview Heights

130,000

Northwest Community Services 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

Attachment No. AB-69

Total Ordinance No. 2002-175 (Int. No. 199)

Authorizing Agreements With Neighborhood Organizations For Administration Of The Residential Assistance Program - $1,310,000 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

175,000

75,000 $1,310,000

Section 2. The agreements shall obligate the City of Rochester to pay an amount not to exceed $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 2002-03 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:

Coalition of North East Associations Upper Falls

100,000

Ordinance No. 2002-176 And Ordinance No. 2002-177 Re: Agreements - Community Housing Development Organizations

Group 14621 Community Association 14621 Neighborhood

100,000

R2010: Campaign 9 - Healthy Urban Neighborhoods

Marketview Heights Association South Marketview Heights

100,000

Montgomery Neighborhood Center

170,000

Transmitted herewith for your approval is legislation authorizing agreements with those non-profit organizations that have been designated as Community Housing Development Organizations. The total maximum cost of the agreements will be $587,600 for the

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TUESDAY, JUNE 18, 2002 development of affordable housing and $195,800 for assistance with operating costs, which will be financed from the 2002 HOME program. Under the federal regulations for the HOME program, at least 15% of a municipalityʼs annual allocation must be used for development of affordable housing by non-profit agencies that are designated as CHDOs. The City is also permitted to appropriate an additional 5% of its allocation to assist CHDOs with their operating costs. Under the proposed agreements, the operating funds will be provided to finance the costs of any of the 12 organizations that are currently designated as CHDOs. The funds will be distributed based on need, capacity and performance. Since the inception of the HOME program in 1992, the City Council has designated 16 organizations as CHDOs, 12 of which are currently active. To date, a total of $5,013,352 has been appropriated by the Council for CHDO projects involving 169 housing units. These funds will be used to assist income-eligible home buyers purchase renovated vacant homes through the HOME Rochester program. It is estimated that approximately 30 buyers will be assisted through the proposed appropriation. The average subsidy is expected to be approximately $30,000. The rehabilitated properties are 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 Attachment No. AB-70 Ordinance No. 2002-176 (Int. No. 202) Authorizing Agreements For The Development Of Affordable Housing 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) 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 $587,600, or so much thereof as may be necessary, to fund the development of affordable housing under the HOME Program. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 4. This ordinance shall take effect immediately. Passed unanimously.

Ordinance No. 2002-177 (Int. No. 203) Appropriating Funds And Authorizing Agreements For CHDO Operating Assistance BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. There is hereby appropriated from the 2002 Home Program funds the sum of $195,800, or so much thereof as may be necessary, to fund the operating expenses of designated Community Housing Development Organizations (CHDOʼs). Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary with designated CHDOʼs for use of these funds. 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. 2002-178 Re: Amendment - Peter J. Smith, Comprehensive Zoning Ordinance And Map Revision Agreement R2010: Campaign 1 - Involved Citizens Transmitted herewith for your approval is legislation to amend the agreement with Peter J. Smith to provide consulting and technical assistance in the revision of the zoning ordinance. The original agreement was approved by City Council on October 23, 2001. In light of the imminent departure of the Director of Zoning on June 7 and an extended public comment period, an increase of $16,000 is necessary to maintain the level of service in the Division of Zoning for the completion of the Zoning Ordinance and Map Revision Project. The following activities will be supported by this amendment: additional public meetings, presentations, responses to comments, staff and board training and compilation of documents. The increase amount will be funded from the 2001-02 and 2002-03 operating budgets of the Department of Community Development. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-178 (Int. No. 211) Establishing Maximum Compensation For An Amendatory Professional Services Agreement For The Zoning Ordinance And Map Revision Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $16,000, or so much thereof as may be necessary, is hereby established as the compensation to be paid for an amendatory profes-

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sional services agreement between the City and Peter J. Smith & Company for completion of the Zoning Ordinance and Map Revision Project. Of said amount, $2,000 shall be funded from the 2001-02 Budget of the Department of Community Development and $14,000 shall be funded from the 2002-03 Budget of the Department of Community Development. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies And Gentlemen: Re:

Ordinance No. 2002-179 Code Amendment - Commercial Activity Enforcement

Transmitted herewith for your approval is an amendment to Section 52-5 of the Municipal Code. This section of the Code allows for additional enforcement of the Zoning Ordinance by adding the issuance of immediate tickets to the current requirement of a notice and order for commercial activities conducted in violation of the Zoning Code. It was enacted in January, 2000, and is targeted at commercial vendors, especially those operating outside the regulations at, or in the vicinity of, major festivals. The current law calls for the issuance of immediate tickets for such commercial activities. Since its adoption, six properties have been involved in the issuance of tickets: one at the Lilac Festival and five at Corn Hill in the 2000 season, and one at the Lilac Festival in 2001. No tickets have been issued at the Park Avenue Festival. When City Council adopted this legislation, an exception was included for the sale by residents of home made foods and drinks, with certain size restrictions on the scope of the vending. The proposed amendment would extend that exception to licensed solicitors at their own residences located on streets immediately surrounding a festival site during the period of the festival. It seems unfair to forbid residents who are already licensed to engage in commercial activity from doing so on their own properties at a time when their street has been transformed to a temporary commercial zone. Campaign Six, Economic Vitality of Renaissance 2010 commits the City to “develop a business and financial environment that: encourages businesses and individuals to build on our rich entrepreneurial spirit.” The insignificance of the number of violations would indicate that there is no need to continue a ticket system for minor entrepreneurial efforts. As such, this segment of the Code is contrary to both the letter and spirit of the Renaissance Plan and I urge this modification. Respectfully submitted, Tim O. Mains Councilmember At Large Ordinance No. 2002-179 (Int. No. 212) Amending The Municipal Code With Respect To The Issuance Of Immediate Tickets For Commercial Activities Conducted In Violation Of The Zoning Ordinance BE IT ORDAINED, by the Council of the City of

Rochester as follows: Section 1. Section 52-5 of the Municipal Code, Procedure for enforcement, as amended, is hereby further amended by amending the final sentence of subsection A(1) thereof to read in its entirety as follows: Notwithstanding the requirements for a notice and order established in this section and elsewhere in this Municipal Code, immediate tickets may be issued for commercial activities conducted in violation of the Zoning Ordinance, except that immediate tickets shall not be issued for sales of personal used items being conducted in accordance with the provisions of Section 96-7A of the Municipal Code, or for the sale of homemade food or drinks at a residence by the owner or occupant thereof provided that a commercial vending unit may not be used and the aggregate size of any table or tables or other display, preparation and storage areas shall not exceed four feet (4ʼ) wide by eight feet (8ʼ) long, or for sales by licensed solicitors at their own residences located on a street designated as a festival site, during the period of a festival. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-180 Re: Application And Agreements Emergency Shelter Grant Program R2010: Campaign 3 - Health, Safety and Responsibility Transmitted herewith for your approval is legislation authorizing the following: 1. Application to and agreement with the U.S. Department of Housing and Urban Development for receipt of a grant of $412,000 under the Emergency Shelter Grant Program; and 2. Agreements with various organizations for the use of these funds for the operation of 32 projects. The federal Homeless Assistance Act provides assistance to local governments for the renovation and operation of emergency shelter facilities. Since inception of the program, the City has received grants totaling $4,520,350. The most recent allocation of these funds was approved by the City Council on May 15, 2001. This allocation was used for 29 projects. In January, proposals were solicited by advertisement for the 2002 program. Thirty-five proposals, with costs totaling $1,122,890, were received from 29 organizations. These proposals were evaluated by the 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

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TUESDAY, JUNE 18, 2002 to underserved populations; 3. Provision of services that address identified needs; and 4. The ability to expend or encumber all project funds within 12 months. Based upon these evaluations and the limited amount of amount funds, allocations for 32 projects are recommended. Descriptions of the projects are attached. The three projects for which allocations are not presently recommended are: Housing Opportunities, Inc. Monroe County Legal Assistance Corporation Providence Housing Development Corp. The 2002 grant amount is $1,000 less than the 2001 amount. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-180 (Int. No. 213) Authorizing An Application And Agreements Relating To The Emergency Shelter Grant Program And Amending Ordinance No. 2000-169 BE IT ORDAINED, by the Council of the City of Rochester as follows:

St. Martins Place St. Maryʼs Church Sojourner House Southeast Ecumenical Ministry Togetherness in Love Community Veteranʼs Outreach Center Volunteers of America Volunteers of America Wilson Commencement Park YWCA

8,985 48,000 23,000 2,000 7,000 17,000 10,000 7,000 22,000 5,000

Section 3. The agreements shall obligate the City to pay an amount not to exceed $436,400, and said amount, and $20,600 for administrative expenses, or so much thereof as may be necessary, is hereby appropriated from Emergency Shelter Grant Funds. Section 4. Ordinance No. 2000-169, 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 $45,000, which amount is reappropriated herein. The Mayor is authorized to enter into an amendatory agreement to implement this reduction. 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:

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.

Ayes - President Giess, Councilmembers Curran, Mains, Norwood, Santiago, Stevenson, Thompson - 7.

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:

Councilmember Douglas abstained vote because he is an employee of one of the affiliating agencies.

Organization

TO THE COUNCIL: Ladies and Gentlemen:

Amount

Alternatives for Battered Women $23,000 Baden Street Settlement 10,000 Blessed Sacrament 12,692 Cameron Community Ministries 5,500 Catherine McAuley Housing/Families First 14,000 Catherine McAuley Housing/Melita House 13,000 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 10,000 The Center 16,000 The Community Place 12,000 Cephas Attica 3,000 Dimitri House 18,000 Grace Urban Ministries/Mary Magdalene House 14,000 The Health Association 14,000 Hillside Childrenʼs Center 7,000 Housing Council/Homeless Prevention Program 7,000 Housing Council/School 17 Project 20,223 Oxford House 4,000 Spiritus Christi/Jennifer House 10,000

Nays - None - 0.

Councilmember Griswold abstained vote because she is an employee of one of the affiliating agencies.

Ordinance No. 2002-181 Re: Amendment - Near Westside Rental Project R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Near Westside Rental Project. This project was approved at the meeting of February 12, 2000 and amended at the meeting of May 14, 2000. An additional amendment has been requested to allow deferral of the interest payment if the projectʼs operating income does not exceed 115% of debt service. Deferred amounts would be payable at the end of the term. The Mayor will be further authorized to adjust terms of the loans consistent with legal requirements for tax credits and the project. A companion amendment to the RURA item is also requested. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-181

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Amending Ordinances No. 2002-38 And 200239, Relating To The Near Westside Rental Project BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 2002-38, as amended by Ordinance No. 2002-117, relating to the sale of real estate and a loan agreement for the Near Westside Rental Project, is hereby amended by adding the following new sentences to Section 3 thereof: In any twelve-month period in which the Projectʼs net income does not exceed 115% of debt service, the Borrower may defer the 1% interest payment due for such twelve-month period. Any such interest payment deferred and not paid during the term of this loan, shall be due and payable at the end of the loan term. Section 2. The Mayor is further authorized to adjust the interest rate and other terms and conditions of the loans authorized for the Near Westside Rental Project in Ordinances No. 2002-38 and 2002-39, as amended, in order to conform to legal requirements for tax credits and for the Project. Section 3. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-182 Re: Asset Control Area Partnership Program R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation relating to the Asset Control Area Partnership Program (ACAP). Participation in ACAP was initially approved by the Council on April 15, 1997, and continued on September 15, 1999 and April 16, 2002. This legislation will authorize the City to purchase homes through the HUD Discount Sales Programs to Local Governments. Under this program, properties will be purchased at a 30% discount using sale proceeds from the ACAP Program. The properties will then be sold pursuant to HUDʼs program guidelines either directly to income-qualified owner-occupants or to non-profit developers for rehabilitation and sale through the Home Rochester Program. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-182 (Int. No. 238) Amending Ordinance No. 99-349 Relating To Participation In The Asset Control Area Partnership (ACAP) Program BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Ordinance No. 99-349, relating to

agreement for participation in the Asset Control Area Partnership (ACAP) Program of the United States Department of Housing and Urban Development (HUD), is hereby amended to further authorize the City to purchase FHA foreclosed properties through the HUD Discount Sales Programs to Local Governments, using sale proceeds from the ACAP Program, and to resell those properties without further Council approval to eligible purchasers through the Home Rochester Program. Section 2. The Mayor is authorized to enter into such agreements or amendatory agreements as may be necessary to effectuate this purpose. 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 CITY COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-183 Re: Zoning Map Amendment R2010: Campaign 6 - Economic Vitality and Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the zoning map by rezoning the five properties at 639,643, 647, 649, and 653-655 Jefferson Avenue from R-2 Two-Family Residential to C-1 Neighborhood Commercial. The subject area is currently opposite a portion of the C-2 Community Commercial District of Jefferson Avenue and also a C-1 Neighborhood District on the even-numbered side of the street (east side). The five subject properties are currently vacant residential land. The rezoning is requested by Willie J. Lightfoot, Jr., who will be purchasing these properties from the City. Once purchased, the owner proposes to redevelop the area with a commercial establishment that will provide a take-out restaurant, barbershop with training for apprentice barbers, the new office for the S.W.A.N. community office, and two apartments on the second floor. Site plan review will be required for this project under the current zoning ordinance per Section 115-86C. The consultant hired by the City to rewrite the zoning ordinance and redraw the zoning map has recommended that the subject properties 639, 643, 647, 649, & 653-655 Jefferson Avenue, and the properties at 611-633 Jefferson Avenue be designated as (a new) C-1 Neighborhood Commercial District. The City Planning Commission held an informational meeting on the proposed rezoning on May 13. The Commission recommended approval by a vote of 7-0-0. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law, the Director of Zoning, as lead agency, has determined that the proposed action will not result in any significant effects and a negative declaration has been issued. A public hearing is required.

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TUESDAY, JUNE 18, 2002 Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-71 Ordinance No. 2002-183 (Int. No. 201) Changing The Zoning Classification Of 639, 643, 647, 649 And 653-655 Jefferson Avenue From R-2 Two-Family Residential To C-1 Neighborhood Commercial 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 639, 643, 647, 649 and 653-655 Jefferson Avenue, from R-2 Two-Family Residential to C-1 Neighborhood Commercial District: All that tract or parcel of land situate in the City of Rochester, County of Monroe, State of New York known and described as follows: Beginning at the point of intersection of the centerline of Columbia Avenue with its intersection of the centerline of Jefferson Avenue; Thence 1) Westerly along the centerline of Columbia Avenue approximately 164 feet more or less to the southerly extension of the westerly line of Lots 6, 7, 8 and 9 as shown on a map of the Snyder and Stone Subdivision filed in the Monroe County Clerkʼs Office in Liber 5 of maps at page 83; Thence 2) Northerly along said extension and the westerly line of said Lots 9, 8, 7, and 6 a distance of 190 feet more or less to the northerly line of Lot 6; Thence 3) Easterly along the northerly line of said Lot 6 and its easterly extension a distance of 164 feet more or less to the centerline of Jefferson Avenue; Thence 4) Southerly along the centerline of Jefferson Avenue a distance of 190 feet more or less to the point or place of beginning.

right-of-way the street developed in conjunction with the Anthony Square Project and its naming as Cunningham Street. The historical significance of the name is associated with Cunningham Carriage Works which was a competitor with the Ford Motor Company at the beginning of the twentieth century. Housing Opportunities developed with 39 rental units at the site and through the Cityʼs Home Expo Program 23 single-family homes were developed. Subdivision approval for the project was granted in 1998. The City Planning Commission held an informational hearing on May 13. The Commission recommended approval of the abandonment by a vote of 7-0-0. Pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law and Chapter 48 of the City Code, the proposed action will not result in any significant adverse environmental impacts and negative declaration has been issued. A public hearing is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-72 Ordinance No. 2002-184 (Int. No. 204) Amending The Official Map By Dedication Of Cunningham 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 dedicating the following parcel to street purposes and naming said parcel Cunningham Street: 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 a point on the northerly line of Troup Street (60 feet wide) at a point 187.14 feet easterly from the easterly line of Reynolds Street (50 feet wide); Thence 1)

N 00° 42ʼ 29” W a distance of 171.89 feet to a point of curvature;

Thence 2)

North and east along a curve to the right with a radius of 60 feet, a delta of 80° 12ʼ 58” and a distance of 84.00 feet to a point of compound curvature;

Thence 3)

Continuing easterly along a curve to the right with a radius of 1460.40 feet, a delta of 10° 41ʼ 06” a distance of 272.35 feet to a point of compound curvature;

Thence 4)

Easterly and southerly curving to the right with a radius of 60 feet, a delta of 89° 05ʼ 57” a distance of 93.31 feet to a point;

Thence 5)

S 0° 42ʼ 29” E a distance of 189.91 feet to the northerly line of Troup

Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE CITY COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-184 Re: Dedication of Public Right-of-Way And Naming Of Cunningham Street R2010: Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the Official Map by dedicating as public

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Thence 6)

S 88° 57ʼ 50” W along the northerly line of Troup Street a distance of 50.00 feet to a point;

Thence 7)

N 00° 42ʼ 29” W a distance of 185.26 feet to a point of curvature;

Thence 8)

Northerly and westerly and curving to the left with a radius of 15.00 feet, a delta of 89° 18ʼ 04” a distance of 23.38 feet to a point of compound curvature;

Thence 9)

Continuing westerly along a curve to the left with a radius of 1410.40 feet, a delta of 10° 18ʼ 36” a distance of 253.79 feet to point of compound curvature;

Thence 10) Westerly and southerly and curving to the left with a radius of 15.00 feet, a delta of 80° 23ʼ 19” a distance of 21.05 feet to a point; Thence 11) S 0° 42ʼ 29” E a distance of 167.38 feet to the northerly line of Troup Street; Thence 12) S 88° 57ʼ 50” W a distance of 50.00 feet to the point or place of beginning. Section 2. This ordinance shall take effect immediately. Passed unanimously. By Councilmember Mains June 18, 2002 To the Council: The Economic Development & Government Efficiency Committee recommends for adoption the following entitled legislation: Int. No. 207 - Local Law Amending The City Charter With Respect To Political Activity By Firefighters Int. No. 208 - Local Law Amending The City Charter With Respect To Inspections Int. No. 209 - Approving Business Programs Int. No. 210 - Resolution Approving Appointments To The Rochester Economic Development Corporation (REDCO) Int. No. 237 - Authorizing Agreements For The Lease Of City Properties For Wireless Transmission Sites Int. No. 239 - Establishing $[30,000]15,000 As Maximum Compensation For A Professional Services Agreement For The Employee Assistance Program, As Amended

The City Of Rochester in Regard To Service Hours For The Community Library - $35,000 Int. No. 218B - Resolution Of Budgetary Intent - Park Security ATVs - $9,600 Int. No. 218C - Amending The 2002-03 Budget Of The City Of Rochester To Reduce The Revenue Estimates And Cash Capital Allocation In The Parking Fund - $210,000 Int. No. 218D - Amending The 2002-03 Budget Of The City Of Rochester In Regard To The Restoration Of Funds For Downtown Activities - $10,000 Int. No. 218E - Amending The 2002-03 Budget Of The City Of Rochester In Regard To An Annual 2010: The Renaissance Plan Community Convocation - $5,000 Int. No. 219A - Amending The 2002-03 Budget Of The City School District In Regard To Operations Int. No. 219B - Amending The 2002-03 Budget Of The City School District In Regard To Cash Capital And Debt Service Int. No. 218 - Adoption Of The Budget Estimates For Municipal Purposes For The 2002-03 Fiscal Year, And Appropriation of Sums Set Forth Therein And Approving Commercial Refuse Fees, As Amended Int. No. 219 - Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003, And Appropriation Of Sums Set Forth Therein, As Amended Int. No. 220 - Levying Taxes For Municipal Purposes For The Fiscal Year Commencing July 1, 2002 and Expiring June 20, 2003 Int. No. 221 - Levying Taxes For School Purposes For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003 Int. No. 222 - Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003 Int. No. 223 - Local Improvement Ordinance Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1, 2002 And Expiring June 30, 2003 Int. No. 224 - Resolution Approving The 2002-03 Debt Limit For General Municipal Purposes Int. No. 225 - Local Law Amending The City Charter With Respect To The Allocation Of Funding Between The City And The City School District Int. No. 226 - Local Law Amending The City Charter With Respect To The Submission Of The Annual Budget Estimate Int. No. 227 - Amending The Municipal Code With Respect To Fees For Permits From The City Engineer, As Amended

The Economic Development & Government Efficiency Committee recommends for consideration the following entitled legislation:

Int. No. 228 - Amending The Municipal Code With Respect To Fees For Permits From The Fire Chief, As Amended

Int. No. 218A - Amending The 2002-03 Budget Of

Int. No. 229 - Amending The Municipal Code With

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TUESDAY, JUNE 18, 2002 Respect To Fees, As Amended Int. No. 230 - Amending The Municipal Code With Respect To Refuse Fees Int. No. 231 - Amending The Municipal Code With Respect To Electrical Inspections

officers. Firefighters will be allowed to take part in political activities where a conflict of interest is not created. Respectfully submitted, William A. Johnson, Jr. Mayor

Int. No. 232 - Amending The Municipal Code With Respect To The Charge For Dishonored Checks

Local Law No. 3 (Int. No. 207)

Int. No. 233 - Amending The Municipal Code With Respect To Sidewalk Cafes

Local Law Amending The City Charter With Respect To Political Activity By Firefighters

Int. No. 234 - Amending The Municipal Code With Respect To Fees For Parking Garages, As Amended

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

Int. No. 240 - Local Law Amending The Amount For Cash Capital Required In The 2002-03 And 2003-04 Budgets Of The City School District, As Amended

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 repealing Section 8B-8 of the City Charter, Political activity prohibited.

The following entitled legislation failed in committee: Int. No. 235 - Amending The Municipal Code With Respect To Changing The Name Of The Fire Department Int. No. 236 - Local Law Amending The City Charter With Respect To Changing The Name Of The Fire Department Respectfully submitted, Tim O. Mains Brian F. Curran (Did not vote on Intro. Nos. 207, 208, 209, 210, and 237. Voted against Intro. Nos. 218A, 218B, 218C, 218D, and 218E.) Nancy K. Griswold (Did not vote on Intro. Nos. 207, 208, 209, 210, and 237.) Lois J. Giess Gladys Santiago (Voted on Intro. Nos. 207, 208, 209, 210, 237, and 239.) ECONOMIC DEVELOPMENT & GOVERNMENT EFFICIENCY COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Local Law No. 3 Re: Political Activity by Firefighters R2010: Campaign 1 - Involved Citizens Transmitted herewith for your approval is legislation to delete Section 8B-8 of the City Charter, Political activity prohibited. This section prohibits a firefighter from being a member of or delegate to a political convention, soliciting a person to vote or attempting to influence a voter. The City Charter formerly contained similar restrictions with respect to police officers, but these provisions were repealed in 1981. The restrictions on political activity of firefighters currently extend beyond restrictions on other City employees. While the State Election Law places further restrictions on political activity by police officers, most City employees are covered by restrictions found in the Civil Service Law. These provisions generally prohibit persons from using their position for political gain or from taking certain actions based on political opinions or affiliations. The Law Department has reviewed the various laws and determined that firefighters should be subject to the same rules as other City employees except police

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: Local Law No. 4 Re: Warrants For Inspections R2010: Campaign 3 - Health, Safety, and Responsibility and Campaign 9 Healthy Urban Neighborhoods Transmitted herewith for your approval is legislation amending the City Charter with respect to inspections for code compliance purposes. Many Sections of the Municipal Code require an inspection before a person may obtain a license, permit, certificate or other form of approval in order to use a premises for a specific purpose. Examples are certificates of occupancy and use, and amusement or entertainment center licenses. Recently, two city landlords commenced a declaratory judgment action against Section 90-25 of the Municipal Code, which relates to certificates of occupancy. The landlords claimed that the Code violates the Fourth Amendment because it requires them to consent to searches of their property in order to obtain the certificate. The City has prevailed in this action because inspection requirements in the City Charter and Code authorize the Commissioner of Community Development to obtain a search warrant when one is constitutionally required. In order to prevent similar challenges against other Code provisions, the Law Department has recommended that a general provision be added to the City Charter to specify that an inspection requirement in the Code does not require or imply that an applicant must consent to that inspection. If the applicant does not give consent, the issuing authority shall obtain an administrative search warrant. Respectfully submitted, William A. Johnson, Jr.

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Mayor

organizations. Local Law No. 4 (Int. No. 208)

Commercial Exterior Improvement Program ($48,000)

Local Law Amending The City Charter With Respect To Inspections

This activity provides matching grants of up to $25,000 for commercial buildings in the targeted, distressed N. Clinton Avenue commercial district. Funds are also provided for security cameras along selected commercial areas. A City Development Fund appropriation of $150,000 for the grants was included in the 2002-03 Consolidated Community Development Plan that was approved by City Council on May 14.

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 1-9: Section 1-9. Inspections for code compliance. No local law or ordinance of the City shall be construed to require a person to consent to an inspection of a premises in order to determine compliance with applicable code provisions. When applying for a license, permit, certificate or other City approval, a person shall have the right to decline to consent to an inspection, and the issuing authority is authorized to apply for an administrative search warrant to conduct the necessary inspections. 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. 2002-185 Re: Business Programs R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation relating to various business programs. This legislation will: 1. Appropriate a total of $1,931,000 for the programs from the Economic Stability allocation of the 2002-03 Community Development Block Grant, and 2. Authorize any agreements required to implement the programs. Business Assistance Program ($127,000) The program strengthens operatorsʼ skills through technical assistance provided by various consultants in the areas of accounting, tax review, advertising, business procedures, store design, computer training, web page design, graphic design and visual merchandising. A matching grant assists businesses with the implementation of recommendations by the consultants. Business Association Support ($92,000) 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 12

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 2001-02: Organization

Projects

Mossien Associates Pardi Partnership Pospula Associates

5 10 6

Payments $ 6,562.50 20,100.00 18,215.21

This year, the City will enter into new agreements only with Pardi and Pospula. Commercial Loan Fund ($356,000) 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 $1,709,324 have been provided to 15 companies, resulting in the creation or retention of 393 jobs. The balance of the loan fund is $580,229. Entertainment District Support ($60,000) This activity provides organizational, promotional and advertising support for four entertainment areas: St. Paul Quarter, East End, High Falls and the Upper East End. $59,000 has been expended this program year in the four entertainment districts. 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. They provide technical assistance, venture capital forums and training sessions. Besides the CDBG appropriation from the City, the organization is financed by the Chamber of Commerce, Monroe County, area colleges and universities and the major local utilities, among others. The annual budget for the organization is about $200,000. The proposed City appropriation is the same as the current amount. Industrial Loan Fund ($750,000) 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 equip-

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TUESDAY, JUNE 18, 2002 ment. 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 predetermined job generation goals. Six businesses will be assisted. To date, $5,178,100 has been appropriated for the program. Loans totaling $3,751,500 have been provided to 25 companies, resulting in the creation or retention of 2,300 jobs. The balance of the fund is $1,426,600. Neighbors Shopping Neighborhoods ($68,000) The program is designed to increase the patronage of City businesses and services. It has two parts. The first consists of a city-wide shopping guide, television and radio buy and major presence in the Democrat & Chronicle and City newspapers. The second part will provide advertising matching grants of up to $5,000 for all eligible businesses in low- and moderate-income areas. Four thousand businesses will be assisted. Section 108 Loan/Loss Reserve ($350,000) Under the Section 108 Loan Program, loans are provided to industrial and commercial businesses for facility expansion, renovation, equipment, acquisition and working capital. For any loan, the funds are provided by the federal government through the City. As a condition of the loan, the City is contingently liable 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 $43.1 million have been provided to 70 businesses. Disbursements from the reserve account have totaled $2,185,600 for loan defaults by 15 businesses. Technical Assistance Services ($35,000) 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 the securing of state and federal grants, and assistance in the identification of alternative funding sources. Twenty-four businesses will be assisted. West Main Street Commercial Revitalization ($30,000) This new initiative provides matching grants of up to $25,000 for commercial buildings in the targeted, distressed commercial district between Canal and Madison Street. $200,000 is also available through City Development Funds. Fifteen businesses will be assisted. Respectfully submitted, William A. Johnson, Jr. Mayor

or so much thereof as may be necessary, to fund the following programs in the following amounts: Industrial Loan Fund $750,000 108 Reserve 350,000 High Technology of Rochester 15,000 Commercial Loan Fund 356,000 Commercial Exterior Improvement Program 48,000 Entertainment District Support Program 60,000 Business Association Support Program 92,000 Business Assistance Program 127,000 Neighbors Shopping Neighborhoods 68,000 Technical Assistance Services 35,000 West Main Street Commercial Revitalization 30,000 Section 2. The Mayor is hereby authorized to enter into such agreements as may be necessary to implement the programs authorized herein. 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: Resolution No. 2002-14 Re: Appointments - REDCO R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation confirming the appointment or reappointment of 20 persons as members of the Rochester Economic Development Corporation. Under its by-laws, REDCO has 25 members. Of this number, the following five officials are ex-officio members: Mayor City Council President Commissioner of Economic Development Assistant Commissioner of Economic Development Director of Finance The appointments of 18 other members were confirmed by the City Council on June 20, 2000. There currently are two vacancies. James Costanza and Maurice Zauderer will be appointed to fill these vacancies. Resumes are on file in the City Clerkʼs Office. The term of all of the members will extend through June 30, 2004.

Ordinance No. 2002-185 (Int. No. 209) 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 2002-03 Community Development Program the sum of $1,931,000,

Respectfully submitted, William A. Johnson, Jr. Mayor Resolution No. 2002-14 (Int. No. 210) Resolution Approving Appointments To The Rochester Economic Development Corporation (REDCO)

Page 182 BE IT RESOLVED, by the Council of the City of Rochester as follows: Section 1. The Council hereby approves the appointment of the following members of the Rochester Economic Development Corporation for terms which shall expire on June 30, 2004: Argust, Thomas Commissioner Department of Community Development City of Rochester Carlson, Jeffrey Deputy Mayor, City of Rochester Costanza, James Vice President, Costanza Enterprises Dubnik, Steve CEO - Choice One Communications Inc. Hanson, Karen Noble Director of Finance Episcopal Diocese of Rochester Jones, Barbara J. Vice President & Region Manager Community Investment Chase Manhattan Bank Kessler, Irving L. Attorney, Underberg & Kessler, LLP Leach, John Retired Vice President, Commercial Loans First National Bank of Rochester LeChase, Wayne President & CEO, Raymond LeChase, Inc. Mains, Tim O. City Councilmember, City of Rochester Miller, Dana Manager, Information Systems, Xerox Corporation Mueller, Richard Administrative Vice President, M&T Bank OʼHeaney, Joseph Chief Executive Officer, DeRidder, Inc. Pettengill, Ronald Retired President, Carpenters Local Union Richards, Thomas S. Chairman, President & CEO Rochester Gas & Electric Scott, Ruth Chief Executive Officer, Scott Associates Serrano, Emilio Retired President & Chief Executive Officer Ibero American Investors Corp. Stephens, Sandra Program Manager for St. Maryʼs Health Reach St. Maryʼs Hospital Vasquez, Julio President & CEO, Ibero American Action League

TUESDAY, JUNE 18, 2002 Zauderer, Maurice President & CEO, Vaccinex, Inc. Section 2. This resolution shall take effect immediately. Adopted unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-186 Re: Agreement - Hunt FM Technologies, Site Management Services/Wireless Transmission Sites R2010: Campaign 6 - Economic Vitality Transmitted herewith for your approval is legislation which will authorize a professional services agreement with Hunt FM Technologies (HFMT) to market specific City-owned properties to the wireless communication industry. HFMT has approached the City with a plan to serve as the Cityʼs broker to market City-owned parcels to meet the ever-increasing need of wireless transmission coverage. HFMT has established a credible working relationship with the major wireless carriers and their need indicates the search for wireless transmission sites continues. HFMT is a local firm with its offices in the High Falls District. For the past ten years, HFMT has been active in the development of wireless transmission sites and has established over 600 locations. Their most current successful brokerage effort was with the Monroe County Water Authority (MCWA) in being awarded the contract to market MCWA parcels. In working with wireless carriers, they have been mindful of the needs of the community in developing transmission antenna solutions that are appropriate for the area. This includes the stealth appearance of the structures. The City proposes to engage HFMT in an exclusive professional services agreement to market eligible City parcels for a period of five years. During this time, HFMT will serve as a real estate broker and meet with wireless carriers to show the parcels in conjunction with potential lease agreements with the City. Under separate authority, the City will enter into lease agreements with wireless carriers entailing specific location requirements, if necessary. Keeping with industry standards, lease agreements will extend for a period of ten years. HFMT, under the terms of its proposed agreement, will receive a commission of 15% of each monthly fee paid to the City by a wireless carrier. Although the agreement with HFMT extends for a term of five years prior to renewal and/or re-negotiation, HMFT will be guaranteed its commission rate for 10 years on those active leases developed during the initial five years. The HFMT commission(s) will continue for the life of the City lease(s) or until cancellation of the lease(s) by the City. For purposes of illustration, a typical wireless lease averages a $1,500 monthly rent, totaling $18,000 annually, netting the City $15,300. The City will provide a listing of all eligible parcels to HFMT for marketing purposes. No parcels of an historic preservation district or park category will be approved. All leases developed will adhere to current City Zoning Code restrictions. The City will retain the final authority to approve or discontinue any leases proposed for wireless communication purposes.

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TUESDAY, JUNE 18, 2002 Respectfully submitted, William A. Johnson, Jr. Mayor

Following is a summary of the types of problems that were encountered:

Attachment No. AB-76 Ordinance No. 2002-186 (Int. No. 237) Authorizing Agreements For The Lease Of City Properties For Wireless Transmission Sites 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 FM Resources, Inc., d/b/a Hunt FM Technologies (HFMT) for the marketing of City owned properties as wireless transmission sites for a period of five years. The City shall provide HFMT with a listing of all eligible parcels and shall retain final authority to approve, disapprove or terminate any lease. The Council hereby further approves the lease for the placement of wireless transmission facilities, with rent at market rates, of any eligible City owned parcel. The use of such sites shall be subject to compliance with all applicable zoning provisions. Section 2. The marketing agreement shall obligate the City to pay to HFMT a commission of 15% of each monthly rental fee paid to the City by a wireless carrier for a site procured by HFMT, for ten years or until the expiration or termination of the lease for the site, whichever is earlier. 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. 2002-187 Re: Agreement - Health Association, Employee Assistance Program Transmitted herewith for your approval is legislation authorizing an amendatory agreement with the Health Association of Rochester and Monroe County, Inc., 1 Mt. Hope Avenue, for continuation of the Employee Assistance Program. The maximum cost of the agreement will be $30,000, which will be financed from the 2002-03 budget for Undistributed Expenses. The program, which was initiated in 1978, is designed to provide professional assistance to employees whose job performance is affected by causes and illnesses such as legal, financial and marital problems, emotional instability, alcoholism and drug addiction. All City employees and their families - except public safety employees, for whom there are separate programs - are eligible for participation. The Health Association has operated the program since its inception. The most recent agreement for such operation was authorized by the City Council on May 15, 2001. During 2000-01, the program served 133 employees or family members. A total of 39 people were referred to other agencies or individuals.

Emotional/Psychological Job/Career Concerns Marital Alcohol/Drugs Total

41% 19 31 9 100%

Under the proposed agreement, the Health Association will continue to provide motivation counseling and referral services to eligible employees, as appropriate, and to conduct training programs for City supervisory personnel, as required. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-187 (Int. No. 239, As Amended) Establishing $[30,000] 15,000 As Maximum 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] 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 Health Association of Rochester and Monroe County, Inc. for the continuation of the Employee Assistance Program for six months. Said amount shall be funded from the 2002-03 Budget for Undistributed Expense. Section 2. This ordinance shall take effect immediately. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-188 Re: Budget Amendment Library Hours - $35,000 Transmitted herewith for your approval is an amendment to the Proposed 2002-03 Budget transferring $35,000 from the Contingency Account to the Library to restore a portion of the hours that have been cut back at the branches of the Community Library. Rochester 2010: The Renaissance Plan enjoins the City to “promote, enhance and protect our cityʼs ...educational resources”, and “to deliver quality services, programs and information to all our citizens in a timely manner.” In the 21st century, the availability of Community Library resources is necessary for the intellectual competence of young people, the employability skills of adult residents and the delivery of technology education to the economically disadvantaged. The harsh realities of the current fiscal climate have made reductions in all departments, including the Library, inevitable. However, given the central place the Library holds in building our communityʼs future,

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and in a clear statement about its importance to the education of all of our citizens, we believe it is crucial to restore some of these cuts. While it is not possible to restore all of the reduced hours, this amendment will allow the restoration of a total of 12 hours per week, allocated among the community libraries as explained on the attached sheet. Respectfully submitted, Gladys Santiago Tony M. Thompson Vice President Councilmember South District Attachment No. AB-77 Ordinance No. 2002-188 (Int. No. 218A) Amending The 2002-03 Budget Of The City Of Rochester In Regard To Service Hours For The Community Library - $35,000 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Proposed 2002-03 Budget of the City of Rochester is hereby amended by transferring $35,000 from the Contingency Account to the Library to restore a portion of the planned reduction in service hours. Section 2. This ordinance shall take effect immediately. 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: Resolution No. 2002-15 Re: Resolution of Budgetary Intent Park Security - $9,600 Transmitted herewith for your approval is a resolution of budgetary intent regarding park security. Because of the fiscal constraints facing the City, the Park Patrol (which was established in 1991) is slated to be eliminated in the 2002-03 Proposed Budget, resulting in savings of $71,600. Since its inception, Council has provided unanimous support for the program because of our strong belief in the importance of keeping our parks safe and secure. Hard financial times often result in creative efficiencies. In that spirit, this legislation proposes that the City purchase two ATVs for PAC-TAC to provide enhanced security in the parks. The estimated cost of the vehicles is $9,600. The purchase of the ATVs, in conjunction with similar ATVs used by the Police Department, will allow a measure of increased security in the parks with a minimal one-time capital expenditure. The funds would be transferred from the Trails activity within the Cash Capital allocation to the Facilities and Equipment activity for this purpose. Rochester 2010: The Renaissance Plan pledges to “support our citizens taking responsibility for helping to improve the health, safety and welfare of themselves and those around them; developing and maintaining safe, clean, attractive neighborhoods that are free from public disorder and nuisances....” We

believe this resolution, with its use of volunteers and its purpose of ensuring adequate security in our public parks, adheres to the tenets of 2010 and responsibly addresses the Cityʼs budget constraints with a creative and effective solution. Respectfully submitted, Robert J. Stevenson Tony M. Thompson Councilmember Councilmember Northwest District South District Resolution No. 2002-15 (Int. No. 218B) Resolution of Budgetary Intent - Park Security ATVs - $9,600 WHEREAS, the City created the Park Patrol eleven years ago and has funded it consistently during that period, and WHEREAS, during this time, the Park Patrol has advised park users of applicable rules and regulations and enforced them as necessary, as well as provided information to users about the historical, cultural and environmental features of the park, and WHEREAS, the City government is, of necessity, reducing some services to produce a balanced budget, and WHEREAS, among the campaigns of Rochester 2010: The Renaissance Plan is Health, Safety, and Responsibility, and WHEREAS, PAC-TAC volunteers successfully disrupt and discourage illegal activities, thereby heightening the security and safety of the community, and WHEREAS, the Council values the City parks as places for recreation and important assets to our “City in a Forest”, BE IT THEREFORE RESOLVED, by the Council of the City of Rochester as follows: Section 1. In the Cash Capital allocation of the 2002-03 Proposed Budget, it is the intent of City Council that $9,600 be transferred from the Trails activity to the Facilities and Equipment activity for the acquisition of two ATVs for PAC-TAC or other appropriate citizen volunteer use to enhance safety and security in our parks. Section 2. This resolution shall take effect immediately. Adopted 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. 2002-189 Re: Budget Amendment Parking Rate Reduction Transmitted herewith for your approval is an amendment to Int. 234 that would reduce the proposed rate increases in the Cityʼs parking garages and would amend the Proposed 2002-03 Budget by reducing the Cash Capital expenditures on the garages by $210,000

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TUESDAY, JUNE 18, 2002 to offset the anticipated revenue loss.

- $210,000

As you know, the Proposed Budget includes the assumption of substantially increased rates in the parking garages, and Int. 234 actually enacts those new rates. The proposed increases are tiered to reflect the demand at the various garages. The monthly rate increases range from no increase at the least used facilities, to $5-7 increases at the next level of usage, to $10 at those facilities in highest demand.

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

Since the increases were proposed, Council has received letters from 26 individual Center City businesses and building owners, indicating alarm at the magnitude of the proposed increases, and expressing fear about the possible loss of businesses to suburban office parks.

Section 2. This ordinance shall take effect immediately.

The last time the City raised the general monthly parking rates was in 1991. Since that time, we have responded to the requests of the downtown business interests to avoid such increases because of the competitive disadvantage at which it would place them. While we have been able to honor that request for eleven years, we recognize the fact that the Parking Fund is at the limit of its ability to do so. However, it is our belief that the current proposed increases are overly burdensome to be imposed at one time. Our proposal would make more modest increases to mitigate this impact, and would reduce some general maintenance at the garages to offset the lost revenue. It is clear, however, that such reductions cannot be continued indefinitely, and that further increases may well be necessary in the future. The current rates, those proposed in the budget, and the amended rates are: Garage Court Street Crossroads High Falls Midtown Mortimer Sister Cities South Avenue Washington Square

Current

Proposed

Amended

$67 67 59 69 67 67 67

$77 74 59 79 67 72 77

$72 70 59 74 67 70 72

67

77

72

The proposed rate increases for daily parking would not be affected by this amendment. While we believe it is both prudent and appropriate to make these reductions to respond to the concerns of our downtown constituents, we must nevertheless point out that we cannot allow ourselves to be put in a position that would require that the General Fund - that is, the property taxpayer - be required to subsidize the users of our parking garages. We will be looking forward to regular reports from the Economic Development Department on the usage of the garages and the general state of the Parking Fund to ensure that such will not be the case. Respectfully submitted, Lois J. Giess Benjamin L. Douglas President Councilmember Northeast District Ordinance No. 2002-189 (Int. No. 218C) Amending The 2002-03 Budget Of The City of Rochester To Reduce The Revenue Estimates And Cash Capital Allocation In The Parking Fund

Section 1. The Proposed 2002-03 Budget of the City of Rochester is hereby amended by reducing the revenue estimates to the Parking Fund by $210,000 and reducing the Cash Capital allocation for the Parking Fund by the same amount

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. 2002-190 Re: Budget Amendment Restoration of Downtown Activities - $10,000 Transmitted herewith for your approval is an amendment to the Proposed 2002-03 Budget that would transfer $10,000 from Contingency to the Department of Parks, Recreation and Human Services for restoration of activities that would increase the appeal and vitality of downtown. The funding would pay for two initiatives: the introduction of “Buskers” and activities to offset the loss of the Downtown Market. The “Busker” concept was included in the Center City NBN Plan by Sector 5. It involves small stipends for Eastman students, who would play/perform at various locations throughout the Center City and could also receive donations from citizens. It is in many ways a throwback to the street entertainers of prior eras. The introduction of these street performers should add substantially to the vigor and interest of our urban street life, and should further the image of Rochester as a center of the arts. The second initiative would provide three Friday lunchtime concerts at Washington Square Park to offset the loss of the Downtown Market. As you are aware, that Market has closed as a result of a lack of interested vendors. Washington Square is a heavily used part of our Center City, and adding the noontime concerts would be one way to increase public enjoyment of that beautiful space. It is anticipated that food vendors will also be available as a further attraction to the park. Respectfully submitted, Nancy K. Griswold las Councilmember at Large

Benjamin L. DougCouncilmember Northeast District Ordinance No. 2002-190 (Int. No. 218D)

Amending The 2002-03 Budget Of The City Of Rochester In Regard To The Restoration Of Funds For Downtown Activities - $10,000 BE IT ORDAINED, by the Council of the City of Rochester as follows:

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Section 1. The Proposed 2002-03 Budget of the City of Rochester is hereby amended by transferring $10,000 from Contingency to the Budget of the Parks, Recreation & Human Services Department to fund Downtown entertainment activities. Section 2. This ordinance shall take effect immediately. 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. 2002-191 Re: Budget Amendment Convocation for 2010: The Renaissance Plan - $5,000 Transmitted herewith for your approval is an amendment to the Proposed 2002-03 Budget that would transfer $5,000 from Contingency to the Administration (Office of Special Projects) to fund the establishment of an annual Convocation to review the progress of 2010: The Renaissance Plan. Each year, Council and members of the community will review this document, celebrating its successes, noting its progress and offering ideas for improvement. As you are aware, City Council adopted the Renaissance Plan in April, 1999. Since that time, committees have been formed to guide the implementation of each of the eleven campaigns. While those committees meet regularly, there are no regular opportunities for the kind of collaboration and cross-fertilization of ideas that could be generated by larger annual meetings. Based on the information that was gathered at the special Budget hearing that Council held on the progress of 2010: The Renaissance Plan, it is our belief that such an annual convocation would be a great benefit to the community and would speed implementation of this vital document. Respectfully submitted, Gladys Santiago Robert J. Stevenson Vice President Councilmember Northwest District Ordinance No. 2002-191 (Int. No. 218E) Amending The 2002-03 Budget Of The City Of Rochester In Regard To An Annual 2010: The Renaissance Plan Community Convocation - $5,000 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Proposed 2002-03 Budget of the City of Rochester is hereby amended by transferring $5,000 from Contingency to the Budget of the Administration to fund an annual community convocation to review the progress of 2010: The Renaissance Plan. Section 2. This ordinance shall take effect immediately.

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. 2002-192 Re: Budget Amendment - City School District - $1,200,000 Transmitted herewith for your approval is an amendment to the Proposed 2002-2003 Budget of the City School District that would reduce the Revenue and Expenditure estimates by $1.2 million to reflect the provision of direct services to the District by the City in that amount. As you are well aware, the Proposed 2002-03 City Budget included a reduction of $1.2 million in the Cityʼs annual allocation to the District. To offset this reduction, the Mayor set aside an equal allocation in the Undistributed account to provide that amount of non-classroom services to the District in lieu of cash. The Mayorʼs stated intention was to move the previously fruitless discussions on consolidations forward to a productive resolution. The Budget submitted to Council by the Board of Education, however, assumed that $1.2 million as a revenue and did not assume any reduction in their expense line. As a result, it is necessary either to amend the Cityʼs Proposed Budget to transfer that amount to the District or to amend the Districtʼs Budget to bring it in line with what we believe to be a realistic and productive proposal. It is critical to note that this action will not require any additional reductions in the Districtʼs planned programs. City and District staff have been working diligently to negotiate various possible non-classroom services that the City can assume and provide for the District with a budgeted cost of at least $1.2 million. It is anticipated that, while there will be significant technical details to be worked out, these negotiations will reach a conclusion prior to the opening of schools in September. This creative and forward-looking effort will, we believe, yield positive benefits to both the District and to the City taxpayers, allowing the District to focus on educating children while allowing the City to deliver high-quality services in areas in which we have greater expertise or capacity. It is a clear indication of the depth of the Cityʼs commitment to our schools and our children. Respectfully submitted, Wade S. Norwood Councilmemberat-Large

Tim O. Mains Councilmemberat-Large Ordinance No. 2002-192 (Int. No. 219A)

Amending The 2002-03 Budget Of The City School District In Regard To Operations BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Proposed 2002-03 Budget of the

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TUESDAY, JUNE 18, 2002 City School District is hereby amended by reducing the Revenue and Expense estimates for Operations by $1,200,000 to account for the services to be provided by the City to the District in that amount. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Respectfully submitted, Tim O. Mains, Chair Economic Development & Government Efficiency Committee

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-193 Re: Budget Amendment - City School District - $2,616,547 Transmitted herewith for your approval is an amendment to the Proposed 2002-2003 Budget of the City School District to transfer $2,616,547 from Cash Capital to Debt Service. As you know, the Board of Educationʼs Proposed Budget assumed that Council would authorize the refinancing of the non-aidable portion of the Districtʼs outstanding debt, providing a substantial reduction of $3,351,147 in their Debt Service expense for 200203. However, approving this action would result in a long-term increase of $11 million in interest costs to the taxpayer. Rather than this approach, it is recommended that the Council authorize a reduction in the mandatory $10 million Cash Capital expenditure that the City has imposed on the District; separate legislation (Int. 240) has been introduced to effect that change. The resulting shift of the Cash Capital funds from that allocation to the Debt Service allocation would have no impact on any school program. Further, since the Districtʼs Budget was submitted, it has been learned that some of the other interest expenses that are included in that Budget are higher than necessary. A review by both the City and the District financial staffs has indicated that recent State legislation will result in greater reimbursement of bond expenses that, combined with revised rate assumptions on the RANs will reduce other Debt Service costs by a total of $734,600. The required adjustments therefore are: Budgeted Debt Service expense Less: Revised State reimbursement Adjusted Debt Service

The resolution of this complex issue required the cooperation of the City Administration, the Board of Education, and the District management with the City Council. This action demonstrates the ability of all parties to work together in the interest of all the citizens of our community.

$21,576,584 ( 734,600) $20,841,984

The difference between the original projected gap and the benefit assumed by the District for the debt refinancing therefore is: Benefit assumed by refinancing (gap) $3,351,147 Less: Revised State reimbursement: ( 734,600) Revised potential gap $2,616,547 The proposed transfer of Cash Capital to Debt Service will fully address this shortfall and will permit the Districtʼs programming to remain intact. However, it will obviously result in a reduction in the amount to be spent on the building renovation program. It is proposed that City Council consider raising the Districtʼs Debt Limit by this amount to allow that program to remain on schedule. The additional interest costs for such borrowing would be approximately $1 million, substantially less than the $11 million required by the alternative approach.

Brian F. Curran Councilmember-atLarge Ordinance No. 2002-193 (Int. No. 219B)

Amending The 2002-03 Budget Of The City School District In Regard To Cash Capital And Debt Service BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Proposed 2002-03 Budget of the City School District is hereby amended by transferring $2,616,547 from Cash Capital to Debt Service. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance Nos. 2002-194, 2002-196, 2002-197, 2002-198, Local Improvement Ordinance No. 1509, Resolution No. 2002-16, Local Law No. 5, Local Law No. 6, Ordinance Nos. 2002-199 2002-200, 2002-201, 2002-202, 2002-203, 2002-204, 2002-205, 2002-206, Introductory No. 235, And Introductory No. 236 Re: 2002-03 Budget R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation relating to the 2002-03 Budget. This legislation will: 1. Approve appropriations and establish revenue estimates for the City; 2. Authorize the tax levies required to finance appropriations for the City and City School District; 3. Authorize the budgets and related assessments for the Local Works program; 4. Confirm the assessments required for the following programs: a. Street mall maintenance b. Neighborhood parking lot operation c. Public Market snow removal and security services d. Street lighting and sidewalk districts e. Merchants/Winton open space district

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f. Downtown Guide District, and g. Downtown Enhancement District 5. Confirm the addition to the tax roll of various assessments, fees and unpaid charges; 6. Approve the 2002-03 debt authorization limit for general municipal purposes; 7. Authorize an increase in residential refuse rates; 8. Authorize parking rate increases; 9. Amend the City Code to provide for electrical inspections to be conducted by the Department of Community Development; 10. Amend the City Code to change various other fees and charges; 11. Amend the City Charter to provide $126,100,000 in support to the City School District and to provide that the annual budget shall be submitted to Council not later than 32 days prior to the last regularly scheduled June Council meeting; and 12. Amend the City Charter and Code to change the name of the Fire Department to the Fire & Rescue Department. The 2002-03 proposed budget of the City was submitted to City Council on May 17. The proposed legislation is based upon this budget which provides for: 1. Total City appropriations of $349,006,300 as follows: Proposed 2002-03 City $349,006,300 1.62

2001-02

Change Amount % $5,564,300

$343,442,000

Total City revenue estimates of $308,127,997 as follows: Proposed 2002-03 City $308,127,997 1.59

2001-02

Change Amount % $ 4,827,969

$303,300,028

2. Total tax levies of $142,402,200 for the City and City School District as follows: Proposed 2002-03 Tax Revenue $134,570,079 4.07 Tax Reserve 7,832,121 4.07 Tax Levy $142,402,200 4.07

Change Amount %

2001-02

$5,263,489 $129,306,590 306,311 7,525,810 $1,195,000 $136,832,400

3. Total appropriations for the Local Works fund of $11,742,200 and total assessments of $11,857,100. Proposed 2002-03

2001-02

Change Amount %

Street Cleaning $ 2,556,342 $ 2,849,217 $-292,875 -10.28 Sidewalk Repair 905,000 881,334 23,666 2.69 Roadway Plowing 6,746,536 7,040,680 -294,143 -4.18 Sidewalk Plowing 1,534,322 1,124,469 409,853 36.45 Total $11,742,200 $11,895,700 $-153,499 -1.29 4. The budgets for the Public Market and street malls were approved on March 19, 2002. The budgets for the lighting and sidewalk and open space districts were approved by City Council on April 16, 2002. The budgets for neighborhood parking lots and Downtown Guides and Downtown Enhancement Districts were approved on May 14, 2002. The assessments required for the various programs consist of the following: Proposed 2002-03

2001-02

Street Malls

84,484 76,091 11.03 Parking Lots 55,900 71,389 -21.70 Public Market 27,326 26,861 1.73 Lighting and Sidewalk Disticts 35,348 34,752 1.72 Open Space District 3,220 3,220 0.00 Downtown Guides 319,915 327,231 -2.24 Downtown Enhancement 497,500 492,700 0.97

Change Amount % 8,395 -15,489 465 596 0 -7,316 4,800

5. The proposed additions to the tax roll consist of the following charges: Proposed 2002-03

2001-02

Delinquent Refuse Charges $ 538,837 $ 511,571 5.33

Change Amount % 27,266

Delinquent Water Charges 5,199,283 5,096,051 103,232 2.03 Code Enforcement Charges 33,819 30,747

3,072

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TUESDAY, JUNE 18, 2002 9.99

$1,575,200 in residential collection revenue.

Supplemental and Omitted Taxes 193,072 151,503 27.44

41,569

Local Improvement Assessments 115,943 -1.17

117,312

-1,369

Encroachments 5,450 -1.36

5,520

-75

Rehabilitation/Demolition Charges 100,884 153,980 -34.48

-53,096

Code Violations 1,579,901 -21.73

2,018,498 -438,998

6. A limit of $16,671,800 is established as the amount of direct or non-self supporting debt that may be issued by the City for general municipal purposes during the fiscal year 20022003. The limit for general municipal purposes is equivalent to the amount of direct or tax-supported debt principal that will be redeemed during 2002-2003. Thus, adherence to the limit will ensure that the total amount of direct indebtedness will not increase during the year. The redemption amount is calculated so as not to include repayments attributable to projects approved as exceptions to the limit (e.g. new Public Safety Building) or for directly attributable revenue (e.g. Library Foundation Reimbursement ). Capital Improvement Program Total Debt $24,058,000

Debt Redemption

10. Fee revisions will result in incremental revenues of approximately $203,200 to the following departments: City Clerk Environmental Services Fire & Rescue Total

$137,700 30,100 35,400 $203,200

The City School District Budget will be transmitted at a later date due to its late arrival in my office. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-194 (Int. No. 218, As Amended) Adoption Of The Budget Estimates For Municipal Purposes For The 2002-03 Fiscal Year, And Appropriation Of Sums Set Forth Therein And Approving Commercial Refuse Fees BE IT ORDAINED, by the Council of the City of Rochester as follows:

Variance

$ 221,200

Section 2. The sums of money designated in the budget estimate for municipal purposes for the fiscal year 2002-03 are hereby authorized to be expended and the sum of $[349,006,300] 348,796,300 is hereby appropriated for the current expenses of the departments and agencies; cash capital; debt service; and for the other purposes therein, in the manner provided by law, as listed below:

$24,669,200

$16,671,800

9. Electrical inspections are currently referred to independent electrical inspection agencies licensed by the City. The Department of Community Development will now perform this inspection work.

Section 1. The budget estimate for municipal purposes for the fiscal year July 1, 2002 to June 30, 2003, providing for the expenditure of $[349,006,300] 348,796,300, is in all respects adopted, confirmed, fixed, and determined.

Less Self-Supporting Debt 7,165,000 7,997,400 Direct Debt $16,893,000

8. Parking rate increases, which will vary by garage, increase revenue by $421,600 and are necessary for capital renovations to maintain the garages.

The programmed debt in the CIP is $221,200 (1.3%) greater than the permissible total for FY 2002-2003. The difference will be made up through the timing of projects, refined cost estimates or reductions as necessary. Legislation pertaining to the rollover of debt authorization from prior years will take place during FY 2003 when a proper estimate can be made. Details of the programs supported by this debt authorization can be found in the Proposed Capital Improvement program submitted to City Council on April 23, 2002. 7. A refuse rate increase of 12% per year for one, two, and three family residences is proposed to balance the Refuse Fund and help pay for replacement of the curb-side toters. The proposed increase is expected to result in a net increase of

City Council and Clerk $1,346,400 Administration [9,597,900] 9,602,900 Community Development 5,592,200 Economic Development 3,291,700 Environmental Services 67,186,600 Finance 7,089,300 Law 1,778,400 Library [11,014,800] 11,049,800 Parks, Recreation and Human Services [17,502,300] 17,512,300 Emergency Communications 7,687,400 Police 55,764,400 Fire [& Rescue] 37,800,400 Undistributed Expenses 60,451,400 Contingency 7,651,700 Cash Capital [20,636,000] 20,426,000 Debt Service 34,615,400 Sub-total [349,006,300] 348,796,300 Tax Reserve 2,379,160 Total $[351,385,460] 351,175,460

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TUESDAY, JUNE 18, 2002

Section 3. The budget estimate of the current revenues and other receipts, other than real estate taxes and the School Tax Relief (STAR) funds, for municipal purposes for the fiscal year 2002-03 is hereby fixed and determined at $[308,127,997] 307,917,997 and said sum is appropriated for the purposes set forth in the budget estimate. Section 4. The budget estimate for the fiscal year 2002-03 providing for the raising of taxation on real estate for municipal purposes of the sum of $43,257,463 is hereby adopted.

amount required to meet the budget estimates for school purposes, is hereby levied on all taxable real property in the City of Rochester, as set forth in the assessment rolls, for the fiscal year commencing July 1, 2002 and expiring June 30, 2003. Section 2. The Director of Finance shall cause the taxes levied above to be inserted in the assessment rolls for the fiscal year commencing July 1, 2002 and expiring June 30, 2003. Section 3. This ordinance shall take effect on July 1, 2002.

Section 5. Pursuant to subsection 20-24B(1) of the Municipal Code, the Council hereby approves the fees for collection of commercial refuse and recyclables as proposed by the Mayor for fiscal year 2002-03.

Passed unanimously.

Section 6. This ordinance shall take effect on July 1, 2002.

Confirming The Assessments, Amounts And Charges To Be Inserted In The Annual Tax Rolls For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003

Bracketed material deleted; underlined material added. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Nays - Councilmember Curran - 1. Ordinance No. 2002-196 (Int. No. 220) Levying Taxes For Municipal Purposes For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003 BE IT ORDAINED, by the Council of The City of Rochester as follows: Section 1. The sum of $43,257,463, which sum is deemed by the Council sufficient with other revenues to produce from collection during the fiscal year commencing July 1, 2002 and expiring June 30, 2003 the amount required to meet the budget estimates for municipal purposes, is hereby levied on all taxable real property in the City of Rochester, as set forth in the assessment rolls, for the fiscal year commencing July 1, 2002 and expiring June 30, 2003. Section 2. The Director of Finance shall cause the taxes levied above to be inserted in the assessment rolls for the fiscal year commencing July 1, 2002 and expiring June 30, 2003. Section 3. This ordinance shall take effect on July 1, 2002. Passed unanimously. Ordinance No. 2002-197 (Int. No. 221) Levying Taxes For School Purposes For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $99,144,737, which sum is deemed by the Council sufficient with other revenues to produce from collection during the fiscal year commencing July 1, 2002 and expiring June 30, 2003 the

Ordinance No. 2002-198 (Int. No. 222)

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The following assessments, amounts and charges, and the allocation of said amounts against properties in the City, as set forth in roll or rolls on file in the City Clerkʼs Office, to be inserted into the annual tax rolls for the fiscal year commencing July 1, 2002 and expiring June 30, 2003, are hereby in all respects confirmed: Street and Lot Cleaning $2,581,356.00 Roadway Snow Removal 6,812,553.00 Sidewalk Snow Removal 1,549,335.00 Hazardous Sidewalk Repair 913,856.00 Delinquent Refuse 538,837.12 Delinquent Water Charges 5,199,283.24 Supplemental Taxes 192,536.76 Omitted Taxes 535.51 Street Malls 76,098.00 Arnold Park Monuments 8,387.75 Parking Lots 55,900.00 Code Enforcements 33,818.50 Code Violations 1,579,901.00 Local Improvements 115,943.13 Downtown Enhancement 497,500.00 Public Market Plowing 5,055.69 Public Market Security 22,270.32 Encroachment Fees 5,450.00 Rehabilitation Charges 100,883.74 Downtown Guides 319,915.00 Lyell Avenue I 2,105.41 Lyell Avenue II 2,310.36 Wilson Boulevard 523.85 Blossom Road Lights 609.42 Merchants/Winton Open Space 3,219.60 Monroe Avenue I 7,166.90 Monroe Avenue II 9,560.38 Norton Street Urban Renewal 4,121.09 Cascade Historic 5,044.20 Lake Avenue 3,906.08 Section 2. This ordinance shall take effect immediately. Passed unanimously. Local Improvement Ordinance No. 1509 (Int. No. 223) Local Improvement Ordinance - Street Cleaning, Street And Sidewalk Snow Removal, And Hazardous Sidewalk Repair Commencing July 1,

Page 191

TUESDAY, JUNE 18, 2002 2002 And Expiring June 30, 2003 BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Council finds and declares (1) that it is in the public interest to provide street cleaning, snow removal services on the streets and sidewalks, and the repair of hazardous sidewalks in the City of Rochester during the fiscal year from July 1, 2002 to June 30, 2003; (2) that the provision of such service benefits the properties abutting on such streets and sidewalks, and (3) that the cost of providing such services should be borne by the benefited properties according to the benefit received by such properties. Section 2. The Commissioner of Environmental Services shall cause the following improvements and work to be provided on streets, sidewalks and lots in the City of Rochester during the fiscal year July 1, 2002 to June 30, 2003: A. The removal of snow from such sidewalks and the repair of such hazardous sidewalks as the Commissioner may direct. B. The removal of snow and ice from the roadway of such streets as the Commissioner may direct, including the use of sodium chloride, calcium chloride, and other chemicals or abrasives for the treatment of slippery or icy pavement as deemed necessary by the Commissioner. C. The cleaning and/or flushing of such streets as the Commissioner may direct, including handcleaning, tank flushing, mechanical sweeping, and the collection and removal of brush, leaves, and debris. Section 3. Such work shall be done by competitive contract, or by the Department of Environmental Services, as the Commissioner of Environmental Services deems appropriate. Section 4. The cost of providing such street cleaning and street snow removal services for the 2002-03 fiscal year shall be assessed against all parcels of property that abut a street, reflecting the benefit to be derived by such parcels from such services. The cost of providing such sidewalk repair and snow removal services for the 2002-03 fiscal year shall be assessed against all parcels of property that abut a sidewalk, reflecting the benefit to be derived by such parcels from such services. Section 5. The amount assessed shall be allocated among all benefited parcels in direct proportion to each parcelʼs street or sidewalk footage, defined for purposes of this ordinance as the full footage of the parcel along the street or sidewalk upon which it fronts, plus one-third of the footage along any other abutting streets or sidewalks. The Council hereby determines that such street or sidewalk footage represents the relative amount of benefit received by each such parcel. Section 6. The total cost of such services to be assessed on July 1, 2002 shall be $11,857,100 consisting of $2,581,356 for street and lot cleaning, $913,856 for sidewalk repair, $6,812,553 for roadway snow removal and $1,549,335 for sidewalk snow removal services. Such total amount constitutes an estimate of the amount necessary to pay contractors to provide services and to cover the costs of providing services with City crews between July 1, 2002 and June 30, 2003, less any miscellaneous revenues estimated to be collected during the same period, plus a reasonable

reserve for uncollected assessments. All assessments collected shall be paid into the Local Works Fund, and all costs incurred shall be paid from such fund. The amounts assessed herein are appropriated for that purpose. Section 7. The amount assessed on July 1, 2002 shall be billed on the tax bill and shall be due in one installment. Delinquent assessments collected more than 60 days into a fiscal year subsequent to the fiscal year billed shall be credited as revenue in the year collected and applied against costs in that fiscal year. Section 8. This ordinance shall take effect on July 1, 2002. Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 9. Nays - None - 0. Resolution No. 2002-16 (Int. No. 224) Resolution Approving The 2002-03 Debt Limit For General Municipal Purposes BE IT RESOLVED, by the Council of the City of Rochester as follows: WHEREAS, an important component of the Cityʼs expense budget and tax levy is debt; and WHEREAS, the amount of debt outstanding is one of the major factors evaluated by credit agencies in the determination of bond rating; and WHEREAS, control of the debt service expense and the amount of outstanding debt must necessarily be exercised through restrictions on bond and note authorizations; and WHEREAS, bond ratings influence the rate of interest which must be paid on indebtedness and therefore the amount of debt service. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rochester, that it is the intent and policy of the City to limit the amount of bonds and notes authorized in fiscal year 2002-03 to $16,671,800 for general municipal purposes. 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 an adherence to this policy, each separate request for authorized debt shall be accompanied by a report in which the amount of debt actually authorized is compared to the amount of debt herein established as a limit. This resolution shall take effect immediately. Adopted unanimously. Local Law No. 5 (Int. No. 225)

Page 192

TUESDAY, JUNE 18, 2002

Local Law Amending The City Charter With Respect To The Allocation Of Funding Between The City And The 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 Section A of Section 3-9.1, Allocation of funding and debt-incurring power between the City and City School District, to read in its entirety as follows: A. The City shall provide to the City School District the sum of $126,100,000. Section 2. This local law shall take effect immediately.

To Fees For Permits From The City Engineer BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 104-57 of the Municipal Code, relating to fees for permits from the City Engineer, as amended, is hereby further amended by amending subsections A and B thereof to read in their entirety as follows: A. Applications for permits required by this chapter for the following activities or objects shall be made in writing to the City Engineer, shall contain such information as the City Engineer may require and shall be accompanied by the following fees. Where a permit from the City Engineer is required and no other fee is specified herein, the fee shall be $50.

Passed by the following vote:

Activity or Object Code Section Fee

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

Anode protection work 104-13 $5 per location outside pavement

Nays - None - 0. Local Law No. 6 (Int. No. 226) Local Law Amending The City Charter With Respect To The Submission Of The Annual Budget Estimate 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 second sentence of the first paragraph of Section 3-9, Annual budget estimate, to read in its entirety as follows: No later than thirty-two (32) calendar days prior to the last regularly scheduled City Council meeting of June in each year, the Mayor shall submit to the Council a budget estimate for the ensuing fiscal year. 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. Councilmember Mains moved to amend Introductory No. 227. The motion was seconded by Councilmember Griswold. The motion was adopted unanimously. Ordinance No. 2002-199 (Int. No. 227, As Amended) Amending The Municipal Code With Respect

Length of Permit

Street construction 104-15 $5.30 per linear foot Sidewalk construction or repair 104-15 $25 for each street along which sidewalk runs New residential driveways (defined as any driveway accommodating 3 cars or fewer on a parcel used for residential purposes only) 104-25 $110 New commercial driveways (any driveway not included as a residential driveway as defined above) 104-25 $385 Enlargement of existing driveways (per linear foot) 104-25 $25 Extended maintenance fee, reconstructed street excavation 104-20 50 square feet or less $280 51 to 100 square feet $825 101 to 150 square feet $1,650 Over 150 square feet $2,750 Trenches less than 50 feet in length Based on square feet as above Trenches greater than 50 feet in length $825, plus $8.80 per linear foot Extended maintenance fee, resurfaced street excavation

Page 193

TUESDAY, JUNE 18, 2002 104-20 50 square feet or less $140 51 to 100 square feet $440 101 to 150 square feet $770 Over 150 square feet $1,540 Trenches less than 50 feet in length Based on square feet as above Trenches greater than 50 feet in length $440, plus $7.70 per linear foot Street reconstruction cost sharing 104-27 Heavy-duty pavement $5.00 per square foot Medium-duty pavement $3.50 per square foot Light-duty pavement $2.50 per square foot

Footings 104-34

Balconies and fire escapes 104-33 $150

Awnings 104-33

$50

Flagpoles 104-33

$30

5 years

$40

Storm enclosures 104-33 $40

6 months

Sidewalk cafes 104-33 $60

[6] 8 months

[Building materials 104-24 $20 $200

1 day 1 month]

Moving a building 104-23 $50 per move Street obstruction 104-24 $30 $275

1 day 1 month

Resurfacing existing driveway 104-13 $35 per driveway $220

Annual

Utility pole installation

$35

1 month

$100 initially; $25 thereafter

1 year 1 year

$50

Vaults and areaways 104-34 100 square feet or less $50 initially; $25 thereafter 101 to 500 square feet $100 initially; $50 thereafter Over 500 square feet $150 initially; $75 thereafter Tunnels 104-34

Light fixtures 104-33 $30 Signs 104-33

$800

Foundation walls 104-34 $50

Architectural details 104-33 $40

$40

Excavations 104-13 50 square feet or less $90 51 to 100 square feet $200 101 to 150 square feet $385 Over 150 square feet Trenches less than 50 feet in length Based on square feet as above Trenches greater than 50 feet in length $250, plus $0.80 per linear foot

Bridges 104-33

Entrance details 104-33 $[25] 50

$55

Interference with survey monument 104-22 $300 per occurence

Banners 104-33

Fixed projection (architectural character) 104-33 $150

Marquees 104-33

104-13

$110 initially; $30 thereafter

[Vehicles in the right of way 104-33 $60 $1,000

1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 day 1 year]

B. Utility companies and other companies performing work in the city may pay an annual maintenance fee of $1,100 per company which shall include the fees for all work other than work requiring excavation in city rights-ofway. Section 2. Section 111-78 of the Municipal Code, relating to oversized and overweight vehicles, as amended, is hereby further amended by deleting the words and numbers “two hundred dollars ($200.)” where they are contained therein and by inserting in their place the words and numbers “two hundred fifty dollars ($250.)” , by deleting the words and numbers “seven hundred fifty dollars ($750.)” where they are contained therein and by inserting in their place the words and numbers “one thousand dollars ($1,000.)” , and by deleting the words and numbers “fifty dollars ($50.)” where they are contained therein and by inserting in their place the words and numbers “sixty

Page 194

TUESDAY, JUNE 18, 2002

dollars ($60.)” .

(60° C.)]: one hundred thirty dollars ($130.).

Section 3. This ordinance shall take effect on July 1, 2002.

(c) Class IIIA system, liquids having a flash point at or above one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius (60° C.)] and below two hundred degrees Fahrenheit (200° F.) [ninety-three and fourtenths degrees Celsius (93.4° C.)]: one hundred thirty dollars ($130.).

Bracketed material deleted; underlined material added. Passed unanimously. Ordinance No. 2002-200 (Int. No. 228, As Amended)

(d) Class IIIB system, liquids having a flash point at or above two hundred degrees Fahrenheit (200° F.) [ninetythree and four-tenths degrees Celsius (93.4° C.)]: one hundred dollars ($100.).

Amending The Municipal Code With Respect To Fees For Permits From The Fire Chief BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 54-12 of the Municipal Code, relating to fees for permits from the Fire Chief, as amended, is hereby further amended by amending subsections B, C and D thereof to read in their entirety as follows: B. Permits shall be required for the operation and/or maintenance of the following activities. Such permits shall be issued annually, and the annual fees for such permits shall be as follows: (1)

Tire recapping or rebuilding plant: one hundred thirty dollars ($130.).

(2)

Automobile wrecking yard, junkyard or waste material handling plant: one hundred thirty dollars ($130.).

(3)

Nitrate motion-picture film stored, kept or had on hand in quantities greater than twenty-five (25) pounds [about five thousand (5,000) feet of thirty-five-millimeter film]: one hundred thirty dollars ($130.).

(4)

Cellulose nitrate plastics (pyroxylin) stored or handled in quantities greater than twenty-five (25) pounds by jobbers, wholesalers and retailers: one hundred thirty dollars ($130.).

(5)

Cellulose nitrate plastics (pyroxylin) manufactured into products or used in the manufacture or assembly of other articles: one hundred thirty dollars ($130.).

(6)

Combustible fibers stored or handled in quantities exceeding one hundred (100) cubic feet: sixty dollars ($60.).

(7)

Dry-cleaning plants: (a) Class I system, liquids having a flash point below one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)]: prohibited. (b) Class II system, liquids having a flash point at or above one hundred degrees Fahrenheit (100° F.) [thirtyseven and eight-tenths degrees Celsius (37.8° C.)] and below one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius

(e) Class IV system, liquids classified as nonflammable: eighty dollars ($80.). (8)

Dust-producing operation: one hundred dollars ($100.).

(9)

Explosives or blasting agents manufactured, possessed, stored or sold or otherwise handling or disposing of these compounds: one hundred thirty dollars ($130.). (a) Transportation of explosives or blasting agents, per vehicle: sixty dollars ($60.).

(10) “Liquid,” which shall mean, for the purpose of this section, any material which has a fluidity greater than that of three hundred (300) penetration asphalt when tested in accordance with Test for Penetration for Bituminous Materials ASTM D-5-73. When not otherwise identified, the term “liquid” shall mean both flammable and combustible liquids. (a) “Flammable liquid” shall mean a liquid having a flash point below one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)] and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)] and shall be known as a “Class I liquid”. [1] Class IA shall include those having flash points below seventythree degrees Fahrenheit (73° F.) [twenty-two and eight-tenths degrees Celsius (22.8° C.)] and having a boiling point below one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)]. [2] Class IB shall include those having flash points below seventy-three degrees Fahrenheit (73° F.) [twenty-two and eighttenths degrees Celsius (22.8° C.)] and having a boiling point

TUESDAY, JUNE 18, 2002

Page 195

at or above one hundred degrees Fahrenheit (100° F.) [thirtyseven and eight-tenths degrees Celsius (37.8° C.)].

plants (not otherwise covered in gasoline service stations, and Chapter 77, Oil Burners, of the Municipal Code):

[3] Class IC shall include those having flash points at or above seventy-three degrees Fahrenheit (73° F.) [twenty-two and eighttenths degrees Celsius (22.8° C.)] and below one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)].

[1] First fifty thousand (50,000) gallons: sixty dollars ($60.).

(b) “Combustible liquid” shall mean a liquid having a flash point at or above one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees Celsius (37.8° C.)].

[4] Each additional one hundred thousand (100,000) gallons or fraction thereof: sixty dollars ($60.).

[1] Class II liquids shall include those having flash points at or above one hundred degrees Fahrenheit (100° F.) [thirtyseven and eight-tenths degrees Celsius (37.8° C.)] and below one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius (60° C.)]. [2] Class IIIA liquids shall include those having flash points at or above one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius (60° C.)] and below two hundred degrees Fahrenheit (200° F.) [ninetythree and four-tenths degrees Celsius (93.4° C.)]. [3] Class IIIB liquids shall include those having flash points at or above two hundred degrees Fahrenheit (200° F.) [ninetythree and four-tenths degrees Celsius (93.4° C.)]. (c) Flammable liquids and combustible liquids, Class II, stored, handled or used (not otherwise covered under Chapter 77, Oil Burners, or gasoline service stations and bulk plants): [1] Storage in any building of more than six (6) gallons of flammable liquid or more than twenty-five (25) gallons of combustible liquid (Class II): sixty dollars ($60.). [2] Storage outside of a building of more than ten (10) gallons of flammable liquid or more than sixty (60) gallons of combustible liquid (Class II and Class III): sixty dollars ($60.). [3] Paints, oils and varnishes stored more than thirty (30) days: sixty dollars ($60.). (d) Flammable liquids storage and combustible liquids, Class II, storage in stationary tanks, including bulk

[2] Second fifty thousand (50,000) gallons: sixty dollars ($60.). [3] Third and fourth fifty thousand (50,000) gallons (each): sixty dollars ($60.).

[5] Each dispensing unit: thirty dollars ($30.). (e) Flammable liquids and combustible liquids, Class II, manufactured, processed, blended or refined: one hundred thirty dollars ($130.). (f) Flammable liquids and combustible liquids, Class II, stored in drums for the purpose of manufacture, storage or sale: [1] Maximum of ten (10) drums: sixty dollars ($60.). [2] Exceeding ten (10) drums: one hundred thirty dollars ($130.). (g) Flammable liquids and combustible liquids, Class II, transported in tank vehicles as a business operation (per vehicle): sixty dollars ($60.). (h) Spraying or dipping operations using more than one (1) gallon of flammable or combustible liquids in any one (1) working day: sixty dollars ($60.). (11) Fumigation room, vault or chamber using a toxic or flammable fumigant: one hundred dollars ($100.). (12) Hazardous chemical storage or handling: (a) More than two thousand (2,000) cubic feet of flammable compressed gas: one hundred thirty dollars ($130.). (b) More than six thousand (6,000) cubic feet of nonflammable compressed gas: one hundred dollars ($100.). (c) More than fifty-five (55) gallons of corrosive liquids: sixty dollars ($60.). (d) More than fifty (50) pounds of oxidizing materials: sixty dollars ($60.). (e) More than ten (10) pounds of organic peroxides: sixty dollars ($60.).

Page 196

TUESDAY, JUNE 18, 2002 (f) More than fifty (50) pounds of nitromethane: sixty dollars ($60.). (g) More than one thousand (1,000) pounds of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures: one hundred thirty dollars ($130.).

dollars ($60.). (22) Liquefied petroleum gas containers of over one thousand (1,000) gallons water capacity installed in other locations: sixty dollars ($60.). (23) Gasoline service stations:

(h) Any amount of highly toxic material: sixty dollars ($60.).

(a) Each ten thousand (10,000) gallons, or part thereof, of storage capacity: sixty dollars ($60.).

(i) Any amount of poisonous gas: sixty dollars ($60.).

(b) Each dispensing unit: twenty dollars ($20.).

(j) More than one (1) microcurie of radium (not contained in a sealed source): sixty dollars ($60.).

(24) Private plants: (a) Each ten thousand (10,000) gallons, or part thereof, of storage capacity: sixty dollars ($60.).

(k) More than one (1) millicurie of radium or other radioactive material (in sealed source): sixty dollars ($60.). (l) Any amount of radioactive material for which a license from the United States Nuclear Regulatory Commission is required: sixty dollars ($60.).

(b) Each dispensing unit: twenty dollars ($20.). (25) Central stations: no fee. C. Permits shall be required for the following activities and fees shall be as follows: (1)

Setting off or discharging explosives [per job, not to exceed one (1) year per permit]: one hundred thirty dollars ($130.).

(2)

Delivering explosives or blasting agents to a terminal between the hours of sunset and sunrise (per delivery): sixty dollars ($60.).

(3)

Fumigation or thermal insecticidal fogging (per building): one hundred thirty dollars ($130.) for commercial buildings and thirty dollars ($30.) for residential buildings.

(4)

Bowling pin refinishing, involving use of flammable liquids or materials [per fifty (50) pins]: sixty dollars ($60.).

(16) Each oven (industrial or commercial baking and drying) operation: sixty dollars ($60.), except pizza ovens, forty dollars ($40.).

(5)

Bowling alley resurfacing operations, involving use of flammable liquids or materials (per alley): thirty dollars ($30.).

(17) Combustible material storage in excess of two thousand five hundred (2,500) cubic feet gross volume: eighty dollars ($80.).

(6)

Any roof repair or replacement using any form of heat-generating equipment or process (per job): sixty dollars ($60.).

(13) Lumber storage in excess of one hundred thousand (100,000) board feet: one hundred thirty dollars ($130.). (14) Magnesium or similar materials being melted, cast, heat-treated, machined or ground in quantities of more than ten (10) pounds per working day: one hundred thirty dollars ($130.). (15) Matches: (a) Manufacture of: one hundred thirty dollars ($130.). (b) Storage in excess of twenty-five (25) cases: sixty dollars ($60.).

(18) Acetylene and other flammable gas usage in connection with welding or cutting: sixty dollars ($60.). (19) Calcium carbide storage in excess of two hundred (200) pounds: one hundred thirty dollars ($130.).

D. Certificates shall be required for the performance of the following activities. Such certificates shall be issued annually, and the annual fees shall be as follows: (1)

For the certificate of fitness required by all persons storing, transporting, setting off or discharging explosives:

(20) Acetylene generator with carbide capacity exceeding five (5) pounds: one hundred thirty dollars ($130.).

(a) Examination fee: thirty dollars ($30.).

(21) Liquefied petroleum gas containers of any capacity installed, handled or used in all buildings, structures or properties (except residential) where more than twenty (20) people congregate: sixty

(c) Renewal of certificate: sixty dollars ($60.).

(b) Original certificate: one hundred dollars ($100.).

TUESDAY, JUNE 18, 2002 (2)

Pump and tank installation, removal, alteration or repair: (a) Examination fee: thirty dollars ($30.). (b) Original certificate: one hundred dollars ($100.). (c) Renewal of certificate: sixty dollars ($60.).

(3)

Installing, charging, filling, maintaining, recharging, refilling, repairing and testing rechargeable fire extinguishers: (a) Examination fee: thirty dollars ($30.). (b) Original license: eighty dollars ($80.). (c) Renewal of license: fifty dollars ($50). (d) Apprentice permit: fifty dollars ($50). (e) Certificate of registration: one hundred ten dollars ($110). (f) Hydrostatic testing: fifty dollars ($50).

Section 2. This ordinance shall take effect on July 1, 2002. Material with strikeout deleted; underlined material added. Passed unanimously. Ordinance No. 2002-201 (Int. No. 229, As Amended) Amending The Municipal Code With Respect To Fees BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 27-5 of the Municipal Code, relating to alarm user permits and fees, as amended, is hereby further amended by amending subsection B(3) and subsection E(1)(a) thereof by deleting the words and numbers “five dollars ($5.)” where they are contained therein and by inserting in their place the words and numbers “ten dollars ($10)”. Section 2. Section 29-5 of the Municipal Code, relating to fees for amusement center licenses, as amended, is hereby further amended by deleting the words and numbers “two hundred twenty-five dollars ($225.)” where they are contained in subsection A(1) thereof and by inserting in their place the words and numbers “two hundred fifty dollars ($250.)”. Section 29-5 of the Municipal Code is hereby further amended by amending subsection B by repealing the first sentence thereof. Section 3. Section 29-11 of the Municipal Code, relating to fees for amusement game licenses, as amended, is hereby further amended by deleting the words and numbers “twenty-five dollars ($25.)” where they are contained in subsection A thereof and by inserting in their place the words and numbers “fifty dollars ($50.)”.

Page 197 Section 4. Section 29-16 of the Municipal Code, relating to fees for entertainment center licenses, as amended, is hereby further amended by deleting the words and numbers “two hundred twenty-five dollars ($225.)” where they are contained in subsection A(1) thereof and by inserting in their place the words and numbers “three hundred twenty-five dollars ($325.)”, and by amending the chart contained in subsection A(2) thereof to read in its entirety as follows: Floor Space (square feet) Not exceeding 2,400 Over 2,400

Annual Fee $325.00 375.00

Section 29-16 of the Municipal Code is hereby further amended by amending subsection B by repealing the first sentence thereof. Section 5. Section 29-21 of the Municipal Code, relating to fees for billiard room licenses, as amended, is hereby further amended by deleting the words and numbers “two hundred twenty-five dollars ($225.)” where they are contained in subsection A thereof and by inserting in their place the words and numbers “two hundred fifty dollars ($250.)”. Section 29-21 of the Municipal Code is hereby further amended by amending subsection B by repealing the first sentence thereof. Section [5] 6. Section 32-4 of the Municipal Code, relating to fees for auctioneer licenses, as amended, is hereby further amended by deleting the words and numbers “one hundred twenty-five dollars ($125.)” where they are contained therein and by inserting in their place the words and numbers “one hundred seventy-five dollars ($175.)”. Section [6] 7. Section 62-3 of the Municipal Code, relating to fees for commercial travelers and solicitors licenses, as amended, is hereby further amended by deleting the words and numbers “one hundred fifty dollars ($150.)” where they are contained in subsection A(2) thereof and by inserting in their place the words and numbers “two hundred dollars ($200.)”, and by deleting the words and numbers “three hundred dollars ($300.)” where they are contained in subsection A(2) thereof and by inserting in their place the words and numbers “six hundred dollars ($600.)”, and by deleting the words and numbers “fifteen dollars ($15.)” where they are contained in subsection A(3) thereof and by inserting in their place the words and numbers “twenty dollars ($20.)”. Section 62-4 of the Municipal Code, relating to insurance for commercial travelers and solicitors licenses, as amended, is hereby further amended by adding thereto after the first sentence the following new sentence: At the time of application, applicants shall provide proof of insurance that extends for the entire license period. Section [7] 8. Section 80-3 of the Municipal Code, relating to fees for pawnbrokers licenses, as amended, is hereby further amended by deleting the words and numbers “two hundred fifty dollars ($250.)” where they are contained therein and by inserting in their place the words and numbers “five hundred dollars ($500.)”. Section [8] 9. Section 96-4 of the Municipal Code, relating to fees for secondhand dealers licenses, as amended, is hereby further amended by deleting the words and numbers “seventy-five dollars ($75.)”

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TUESDAY, JUNE 18, 2002

where they are contained therein and by inserting in their place the words and numbers “one hundred fifty dollars ($150.)”. Section [9] 10. Section 98-11 of the Municipal Code, relating to fees for sexually oriented business [manager and employee] licenses, [as amended,] is hereby [further] amended by amending the chart contained in subsection A thereof to read in its entirety as follows: Floor Space (square feet) Not exceeding 2,400 Over 2,400

Annual Fee $325.00 375.00

Section 98-11 of the Municipal Code is hereby further amended by deleting the fee of “$20” where it is contained in subsection B therein and by inserting in its place the words and numbers “thirty dollars ($30.)”, and by deleting the words “, of which $5. shall constitute a nonrefundable application fee” where they appear at the end of subsection B. [fee of “$5” where it is contained therein and by inserting in its place the words and numbers “ten dollars ($10.)”.] Section 9811 of the Municipal Code is hereby further amended by repealing subsection D thereof. Section [10] 11. Section 108-3 of the Municipal Code, relating to applications for hack plates, as amended, is hereby further amended by deleting the words and numbers “one dollar and fifty cents ($1.50)” where they are contained in subsection A thereof and by inserting in their place the words and numbers “ten dollars ($10.) annually”. Section [11] 12. Section 108-6 of the Municipal Code, relating to replacement hack plates, as amended, is hereby further amended by deleting the words and numbers “fifteen dollars ($15.)” where they are contained therein and by inserting in their place the words and numbers “fifty dollars ($50.)”. Section [12] 13. Section 108-17 of the Municipal Code, relating to taxicab driverʼs licenses, as amended, is hereby further amended by deleting the words and numbers “ten dollars ($10.)” where they are contained in subsection C thereof and by inserting in their place the words and numbers “twenty-five dollars ($25.)”. Section 108-18 of the Municipal Code, relating to applications for taxicab driverʼs licenses, as amended, is hereby further amended by repealing the first two sentences of subsection B thereof. Section [13] 14. Section [108-32] 108-22 of the Municipal Code, relating to [fees for limousine plates] livery licenses, as amended, is hereby further amended by deleting the words and numbers “seventy-five dollars ($75.)” where they are contained therein and by inserting in their place the words and numbers “two hundred dollars ($200.)”[, and by deleting the words and numbers “forty dollars ($40.)” where they are contained therein and by inserting in their place the words and numbers “one hundred dollars ($100.)”]. Section [14] 15. Section 108A-5 of the Municipal Code, relating to fees for towing company licenses, as amended, is hereby further amended by deleting the words and numbers “fifty dollars ($50.)” where they are contained therein and by inserting in their place the words and numbers “one hundred dollars ($100.)”. Section 108A-5 of the Municipal Code is hereby further amended by repealing the second sentence thereof.

Section [15] 16. Section 13A-6 of the Municipal Code, relating judicial review of Municipal Code Violations Bureau determinations and the fee therefor, as amended, is hereby further amended by [deleting] repealing the final sentence thereof. Section [16] 17. Section 34-2 of the Municipal Code, Registration of bicycles, is hereby repealed. Section [17] 18. This ordinance shall take effect on July 1, 2002. Bracketed material deleted; underlined material added. Passed unanimously. Ordinance No. 2002-202 (Int. No. 230) Amending The Municipal Code With Respect To Refuse Fees BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 20-24 of the Municipal Code, Residential and commercial user refuse fees, as amended, is hereby further amended by amending subsection A(1) thereof to read in its entirety as follows: (1) Fees: Number of Dwelling Units

Annual Fee

1 2 3

$270.00 540.00 599.00

Section 2. This ordinance shall take effect on July 1, 2002. Passed unanimously. Ordinance No. 2002-203 (Int. No. 231) Amending The Municipal Code With Respect To Electrical Inspections BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 39-221 of the Municipal Code, relating to fees for building permits, as amended, is hereby further amended by adding the following new fees to the end of the chart contained in subsection G thereof: Electrical Inspections: Residential New Dwelling Unit with service Renovation/Addition Less than or equal to 200 sq. ft. Greater than 200 sq. ft. Commercial New construction less than or equal to 3000 sq. ft. New construction greater than

$ 150 + $75 per each additional unit 70 100 300

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TUESDAY, JUNE 18, 2002 per

per

3000 sq. ft.

300 + .05

Rochester as follows:

sq. ft. over 3000

Section 1. Section 104-33 of the Municipal Code, Above-surface encroachments, as amended, is hereby further amended by amending the first full sentence after the heading “Sidewalk cafes” of subsection B(10) thereof by deleting the date “May 1” and inserting in its place the date “April 1”, and by deleting the date “November 1” and by inserting in its place the date “November 30”.

Alterations/Renovations less than or equal to 3000 sq. ft. 250 Alterations/Renovations greater than 3000 sq. ft. 250 + .05 sq. ft. over 3000

(All above listed fees do not include service installation) Alarm System A/C or Heat Pump Elevator/Escalator Fuel Dispensing Unit

70 70 70 70

New Service installation or upgrade less than or equal to 200 amps each 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

Section 2. This ordinance shall take effect on July 1, 2002. Passed unanimously. Ordinance No. 2002-204 (Int. No. 232) Amending The Municipal Code With Respect To The Charge For Dishonored Checks BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 8-23 of the Municipal Code, Dishonored Checks, is hereby amended to read in its entirety as follows: Section 8-23. Dishonored checks and payments. For each check or other tendered payment submitted for payment of any tax, charge, fee, penalty or other sum owed to the city, which has been dishonored, a charge of twenty dollars ($20.) shall be imposed. Section 2. This ordinance shall take effect immediately. Passed unanimously.

Section 2. This ordinance shall take effect immediately. Passed unanimously. Ordinance No. 2002-206 (Int. No. 234, As Amended) Amending The Municipal Code With Respect To Fees For Parking Garages BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. Section 111-119 of the Municipal Code, relating to fees and hours of operation of parking garages, as amended, is hereby further amended as follows: a. Subsection A(4), relating to the maximum daily charge, is hereby amended to read in its entirety as follows: (4) Maximum daily charge. The maximum amount chargeable per entry to a garage for parking during any calendar day, including overnight, daytime and evening parking, shall be as follows: (a) Mortimer Street Garage and High Falls Garage: $4.95. (b) Genesee Crossroads Garage and Sister Cities Garage: $5.35. (c) Washington Square Garage and South Avenue Garage: $5.70. (d) Midtown Garage and Court Street Garage: $6.35. b. Subsections A(6)(a)-(f), relating to the monthly rates, as amended, are hereby further amended and replaced by the following new subsections A(6)(a)-(h), and the current subsections A(6)(g) and (h) are hereby relettered as subsections A(6)(i) and (j) respectively: (a) Washington Square Garage: $[77] 72 for parking in the north lot and in the general area of the garage, $40 for parking in the rooftop area of the garage, $92 for parking in the premium area of the garage, and $54 for parking in the south lot. (b) Mortimer Street Garage: $67. (c) Genesee Crossroads Garage: $[74] 70.

Ordinance No. 2002-205 (Int. No. 233) Amending The Municipal Code With Respect To Sidewalk Cafes BE IT ORDAINED, by the Council of the City of

(d) South Avenue Garage: $[77] 72 [, and $35 for residential parking in compliance with rules and regulations established by the Municipal Parking Coordinator]. (e) Midtown Garage: $[79] 74.

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TUESDAY, JUNE 18, 2002

(f) High Falls Garage: $59. (g) Court Street Garage: $[77] 72 for parking in the general area, $40 for parking in the rooftop area, $92 for parking in the premium area, and $115 for parking in the reserved area. (h) Sister Cities Garage: $[72] 70 for parking in the general area and $86 for parking in the premium area. Section 2. Section 111-118 of the Municipal Code, relating to the establishment and designation of parking garages, as amended, is hereby further amended by deleting subsection C thereof, relating to the Clinton Avenue Garage. Section 111-119 of the Municipal Code is hereby further amended by deleting the reference to the “Clinton Avenue Garage” in subsection A(2)(a) thereof. Section 3. Chapter 111 of the Municipal Code, Vehicle and Traffic, as amended, is hereby further amended by deleting the title “Municipal Parking Coordinator” where it is contained therein and by inserting in its place the title “Manager of Municipal Parking.” Section 4. This ordinance shall take effect on July 1, 2002. Bracketed material deleted; underlined material added. Passed unanimously. Introductory No. 235 AMENDING THE MUNICIPAL CODE WITH RESPECT TO CHANGING THE NAME OF THE FIRE DEPARTMENT BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The Municipal Code, as amended, is hereby further amended by deleting the words “Fire Department” in each place that they appear therein and by inserting in their place the words “Fire & Rescue Department”. Section 2. This ordinance shall take effect immediately. Failed in committee. Introductory No. 236 LOCAL LAW AMENDING THE CITY CHARTER WITH RESPECT TO CHANGING THE NAME OF THE FIRE DEPARTMENT 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 deleting the words “Fire Department” in each place that they appear therein and by inserting in their place the words “Fire & Rescue Department”. Section 2. This local law shall take effect immediately. Failed in committee.

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-195 Re: 2002-03 Budget of the Rochester City School District Transmitted herewith is legislation for your consideration regarding the appropriations and revenue estimates for the Rochester City School District for the 2002-03 Fiscal Year. I earlier this month submitted to the City Council a legislative package regarding the 2002-03 budget of the City. It is customary that this package include the budget of the Rochester City School District. It was not possible to include those items at that time due to the timing of the submission of budget materials to the City administration by the Board of Education. The timing of the Districtʼs submission of budget materials has seriously compromised the ability of the Administration to undertake the thorough review that is warranted in any year, but is so especially needed in this year. Regardless, even given the cursory review that was possible, I must advise you that the City School District has submitted a budget document that raises as many questions as it answers. It is seriously flawed, and I cannot with confidence indicate that it is a realistic revenue or spending plan for the forthcoming year. It is for that reason that I am presenting this for your consideration, rather than recommending it for your approval. The enclosed legislation includes the revenues and appropriations as presented to me by the School District. In presenting this information to you, I am fulfilling my duty on this matter. However, I must also indicate that two elements of the Districtʼs budget should be addressed in any actions that you take. First, the District has assumed revenue from the City of $127,300,000. As you know, this is inconsistent with the recommendation that I included in the proposed 2002-03 City budget for a transfer of $126,100,000 to the District. I would encourage the Council to consider an amendment that would adjust both revenue and expense so as to reconcile to the funding level that I have recommended. This reconciliation could be accomplished by (1) reducing the revenue estimate by eliminating the $1,200,000 “Additional City Aid” estimate, and (2) reducing the Operating expense estimate by an identical amount. It must be emphasized that this action would have no impact upon the Districtʼs services, given the $1,200,000 allocation that I have recommended in the Undistributed portion of the proposed 2002-03 City budget for “Services to the City School District”. Intense discussions are presently underway between District and City staff to identify specific services and expenses that will be shed by the District and undertaken by the City on behalf of the District so as to realize this hold-harmless provision. The second adjustment that I urge you to consider is an increase in the debt service estimates presented by the District. As you also know, the District has assumed that the City would refinance all outstanding building debt, inclusive of the non-aidable as well as the Stateaidable portion. This, too, was contrary to the advice provided by the City Administration. While we fully understand the Districtʼs desire for relief in the 200203 fiscal year, we cannot ignore the long-term impact that acceding to their desire would cause, namely, the imposition of an unnecessary $11,000,000 of interest

Page 201

TUESDAY, JUNE 18, 2002 expense over the life of the refinanced bonds. An amendment that increases debt service by $3,351,147 over the estimate provided by the District would be appropriate. This increase could be accommodated by a commensurate reduction in the estimate for Cash Capital. This Cash Capital reduction would require a Charter Amendment relative to the minimum level of expenditure, and I have submitted a Message of Necessity in support of legislation to be introduced by the Council President Giess and Economic Development and Government Efficiency Committee Chair Mains to effect that change. Respectfully submitted, William A. Johnson, Jr. Mayor R2010: Educational Excellence Ordinance No. 2002-195 (Int. No. 219, As Amended) Adoption Of The Budget Estimates For School Purposes For The Fiscal Year Commencing July 1, 2002 And Expiring June 30, 2003, And Appropriation Of Sums Set Forth Therein BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The budget estimate for school purposes for the fiscal year July 1, 2002 to June 30, 2003, providing for the expenditure of $[497,399,626] 496,199,626, is in all respects adopted, confirmed, fixed, and determined. Section 2. The sums of money designated in the budget estimate for school purposes for the fiscal year 2002-03 are hereby authorized to be expended and the sum of $[497,399,626] 496,199,626 is hereby appropriated to the Board of Education for the following purposes: Operations Cash Capital Debt Service

$[464,993,912] 463,793,912 [10,829,130] 8,212,583 [21,576,584] 24,193,131

Subtotal

$[497,399,626] 496,199,626

Tax Reserve Total

5,452,961 $[502,852,587] 501,652,587

Re: Charter Amendment - City School District Cash Capital Transmitted herewith for your approval is legislation to amend § 3-9.1 of the City Charter, reducing the requirement that the City School District include a minimum expenditure of $10,000,000 in Cash Capital. The proposed reduction of $3,350,000, would result in a Cash Capital allocation of $6,650,000 for 2002-03. As you are aware, when developing their Proposed 2002-03 Budget, the District assumed that City Council would be willing to authorize a refinancing of the non-aidable share of the Districtʼs debt. Including that assumption in the Proposed 2002-03 Budget reduced the projected Debt Service by $3,350,000. As a result, if Council takes no action, the District will be left with a $3,350,000 shortfall in their budget, and will be required to make additional reductions to a budget that has already absorbed significant cuts. We are neither anxious to force more cuts on a seriously strapped District budget nor to make the bonding adjustment the District has assumed because of its long-term $11 million impact. Instead, it is proposed that goal be achieved through a different method. The City would create a two-year phased reduction of the Districtʼs Cash Capital requirement in the City Charter. The requirement would be reduced to $6,650,000 for 2002-03, increased to $8,325,000 in 2003-04, and returned to $10,000,000 in 2004-05. Reductions in the Cash Capital availability would be offset by appropriate temporary comparable increases in the Districtʼs debt limit to allow vital capital projects to move ahead. This action accomplishes the Districtʼs goal of realizing a savings of $3,350,000 in expense in the coming year, keeps the impact of long-term debt more controlled, and further demonstrates the Cityʼs commitment to the education of our children. Respectfully submitted, Lois J. Giess Tim O. Mains, Chair President Economic Development & Government Efficiency Committee Local Law No. 7 (Int. No. 240, As Amended)

Section 3. The budget estimate of the current revenues and other receipts, other than real estate taxes, for school purposes for the fiscal year 2002-03 is hereby fixed and determined at $[403,707,850] 402,507,850 and said sum is appropriated for the purposes set forth in the budget estimate.

Local Law Amending The Amount For Cash Capital Required In The 2002-03 And 2003-04 Budgets Of The City School District

Section 4. The budget estimate for the fiscal year 2002-03 providing for the raising of taxation on real estate for school purposes of the sum of $99,144,737 is hereby adopted.

Section 1. Notwithstanding the amount for cash capital required in the annual budget of the City School District in Subsection D(2) of Section 3-9.1 of the City Charter, Allocation of funding and debt-incurring power between the City and City School District, the 2002-03 Budget of the City School District shall contain an amount for cash capital of not less than $[6,650,000] 7,383,453 and the 2003-04 Budget of the City School District shall contain an amount for cash capital of not less than $[8,325,000] 8,700,000.

Section 5. This ordinance shall take effect on July 1, 2002. Bracketed material deleted; underlined material added. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Local Law No. 7

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

Section 2. This local law shall take effect immediately. Bracketed material deleted; underlined material added.

Page 202 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. 2002-207 Re: Chili Avenue Improvement Project (Canal Bridge to W. Main Street) R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation relating to the Chili Avenue Improvement Project. This legislation will authorize the following changes in pavement width on Chili Avenue: 1. Taper from the existing 42ʼ to 38ʼ from 400ʼ east of Cairn Street to 500ʼ east of Cairn Street; 2. Narrow from the existing 42ʼ to 38ʼ from the latter point to Genesee Park Boulevard; 3. A gradual taper from 38ʼ to 33ʼ, beginning at Genesee Park Boulevard to 425ʼ east of Genesee Park Boulevard; 4. Narrow from the existing 42ʼ to 33ʼ, beginning at the latter point to Kenwood Avenue; 5. Widening from 36ʼ to 38ʼ, beginning at the latter point to West Avenue; 6. Install recessed parking area along Chili Avenue at the following locations: a. North side beginning 50ʼ west of Gardiner Avenue westerly for 220ʼ; b. South side beginning 100ʼ west of Thurston Road westerly for 140ʼ; c. South side beginning 65ʼ east of Thurston Road easterly for 700ʼ; d. North side beginning 50ʼ east of Fillmore Street easterly for 220ʼ; e. North side beginning 80ʼ east of Hobart Street easterly for 160ʼ; f. South side beginning 40ʼ east of Post Avenue, easterly for 160ʼ; g. North side beginning 80ʼ east of Lozier Street easterly for 180ʼ; and 7. Install a recessed parking area for school bus loading along the east side of Stanton Street, beginning 40ʼ north of Chili Avenue to 200ʼ north of Chili Avenue. 8. Install a recessed parking area along the east side of Turner Street, beginning 25ʼ south of Chili Avenue to 120ʼ south of Chili Avenue. The preparation of the engineering plan and design for this project, by Goodkind & OʼDea, Inc., was authorized by City Council on July 17, 2001. The City Council authorized participation in the project on March 21, 2000.

TUESDAY, JUNE 18, 2002 The proposed pavement width modifications will provide 8ʼ wide on-street parking on the north side of Chili Avenue in the residential areas adjacent to a 11ʼ travel lane and a 14ʼ wide travel lane along the south side. In the commercial areas an 8ʼ parking lane with an 11ʼ travel lane will be provided in each direction. Additional turning lanes are also proposed at the signalized intersections of Genesee Park Boulevard and Thurston Road/Gardiner Avenue. Recessed parking areas will provide on-street parking for businesses located between Salina Street and Post Avenue along both sides of Chili Avenue. Recessed parking areas in front of School No.44 will provide for drop off and pick up at the schools. The proposed pavement width modifications will be installed within the existing right of way. Additional property acquisitions or easements may be required to install the proposed sidewalks and sidewalk access ramps. Besides the proposed pavement width changes, the project includes pavement reconstruction, new stone curbing, new concrete sidewalks, driveway apron replacements, hydrant and water service upgrades and partial water main replacement, drainage improvements, street lighting upgrades, pavement markings and signalized intersection improvements, and landscaping improvements. The Chili Avenue Project is a Federal/State aid project which will be administered (designed, constructed, and inspected) by the City. The estimated cost of the project is $6,870,000 which is provided for in the 2002-03 Capital Improvement Program. Of this amount, $4,568,000 will be financed by the Federal government. New York State will finance a $857,000 portion 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. Construction of the project is anticipated to begin in 2003 and be completed in 2004. A public informational meeting was held on April 29. Copies of the minutes of this meeting will be forwarded when available. The Traffic Control Board endorsed the proposed changes in pavement widths on May 21. A public hearing on these changes is required. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-78 Council President Giess moved to have Introductory No. 180 moved out of committee. The motion was seconded by Councilmember Norwood. The motion was adopted by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Steven-

Page 203

TUESDAY, JUNE 18, 2002 son, Thompson - 8 Nays - Councilmember Curran - 1.

1. Taper from the existing 42ʼ to 38ʼ from 400ʼ east of Cairn Street to 500ʼ east of Cairn Street; and

Ordinance No. 2002-207 (Int. No. 180)

2. Narrow from the existing 42ʼ to 38ʼ from the latter point to Genesee Park Boulevard; and

Authorizing Changes In The Pavement Width Of Chili Avenue, Turner Street And Stanton Street 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:

3. A gradual taper from 38ʼ to 33ʼ, beginning at Genesee Park Boulevard to 425ʼ 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 recessed parking area along Chili Avenue at the following locations: a. North side beginning 50ʼ west of Gardiner Avenue westerly for 220ʼ; and b. South side beginning 100ʼ west of Thurston Road westerly for 140ʼ; and c. South side beginning 65ʼ east of Thurston Road easterly for 700ʼ; and d. North side beginning 50ʼ east of Fillmore Street easterly for 220ʼ; and e. North side beginning 80ʼ east of Hobart Street easterly for 160ʼ; and f. South side beginning 40ʼ east of Post Avenue, easterly for 160ʼ; and g. North side beginning 80ʼ east of Lozier Street easterly for 180ʼ; and Section 2. The Council hereby further approves the installation of a recessed parking area for school bus loading along the east side of Stanton Street, beginning 40ʼ north of Chili Avenue to 200ʼ north of Chili Avenue. Section 3. The Council hereby further approves the installation of a recessed parking area along the east side of Turner Street, beginning 25ʼ south of Chili Avenue to 120ʼ south of Chili Avenue. Section 4. Such changes and additional changes as a part of the Chili Avenue Improvement Project shall be made in accordance with plans and specifications approved by the City Engineer, who may make reasonable modifications to such plans. Section 5. This ordinance shall take effect immediately. Passed by the following vote: Ayes - President Giess, Councilmembers Douglas, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8 Nays - Councilmember Curran - 1. The meeting was adjourned at 9:50 P.M. CAROLEE A. CONKLIN City Clerk

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THURSDAY, JUNE 27, 2003 - TUESDAY, JULY 23, 2002

SPECIAL COUNCIL MEETING June 27, 2002 Present - President Giess, Councilmembers Curran, Griswold, Mains, Norwood, Santiago, Stevenson, Thompson - 8. Absent - Councilmember Douglas - 1. The Council President requested the Council to rise for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS. Resolution No. 2002-17 (Int. No. 243) 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.7320A and Assembly Bill No. A.11867A. This resolution shall take effect immediately.

for a Moment of Silence. Pledge of Allegiance to the Flag of the United States of America. Recognition Ceremony Retirement: Dept. of Environmental Services Vivian Moultrie Dept. of Finance *Patricia A. Passe Fire Department Michael J. Aceto C. Thomas Elliott Library *Joseph Schwan Dept. of Parks, Recreation & Human Services Richard F. Allen *Richard Yochum Police Department *Peter Walsh *Sharon Williams *Will not attend meeting. Alan Lewis, Sr., Mayor of Corning, thanked Mayor Johnson and other members of the City staff for discussing Rochesterʼs Comprehensive Plan with the City of Corning. 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. 3693-7 Quarterly Reports: Claims Reports. 3694-7 Professional Service Agreements. 3695-7 THE COUNCIL PRESIDENT - PRESENTATION AND REFERENCE OF PETITIONS AND REMONSTRANCES. THE COUNCIL PRESIDENT - RECEIVED AND FILED.

Adopted by the following vote:

PUBLIC HEARINGS

Ayes - President Giess, Councilmembers Curran, Griswold, Mains, Santiago, Stevenson, Thompson - 7.

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

Nays - None - 0.

Authorizing The Acquisition By Negotiation Or Condemnation Of Parcels For The West Ridge Road Improvement Project Int. No. 179 One speaker: George Stam.

Councilmember Norwood abstained vote because he is an employee of the Assembly. The meeting was adjourned at 5:36 P.M. CAROLEE A. CONKLIN City Clerk ***** REGULAR MEETING July 23, 2002 Present - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Stevenson, Thompson - 7. Absent - Councilmembers Mains, Santiago - 2. The Council President requested the Council to rise

Authorizing An Increase In The Pavement Width Of St. Jacob Street As A Part Of The Curb Replacement Program Int. No. 251 No speakers. Approving The Sale By The Rochester Urban Renewal Agency To Baden Street Settlement Of Rochester, Inc. Of 476-500 North Clinton Avenue, Also Known As Parcel Z-2 In The Upper Falls Urban Renewal Project, NYR-188 Int. No. 260 No speakers. Approving The Acquisition By Condemnation Of A Parcel For The Atlantic/Woodstock Housing Project Int. No. 266 One speaker: Thomas Argust. Amending Ordinance No. 2001-401 Relating To The Sale Of Real Estate In The 14621 Industrial Park Int. No. 275 No speakers.

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TUESDAY, JULY 23, 2002 REPORTS OF STANDING COMMITTEES AND ACTION THEREON By Councilmember Stevenson July 23, 2002 To the Council: The Parks, Public Works and the Environment Committee recommends for adoption the following entitled legislation: Int. No. 244 - Amending The Municipal Code With Respect To Wholesale Water Rates Int. No. 245 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $871,300 Bonds Of Said City, In Addition To $258,700 Bonds Previously Authorized Therefor, To Finance The Reconstruction Of Various Water Mains Related To The 2002 Water Main Extension And Improvement Program In The City Int. No. 246 - Establishing Maximum Compensation For A Professional Services Agreement For Consulting Services For The Bureau Of Equipment Services Int. No. 247 - Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Training And Consulting Services Int. No. 248 - Authorizing Agreements With Respect To The Mt. Read Boulevard Bridge Rehabilitation Project And Amending The 2002-03 Budget Int. No. 249 - Establishing Maximum Compensation For Professional Services Agreements For Construction Resident Project Representation Services Int. No. 250 - Authorizing Applications And Agreements For Grant Funds Int. No. 276 - Establishing Maximum Compensation For Amendatory Professional Services Agreements For Appraisal Services For The West Ridge Road Improvement Project Int. No. 277 - Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $110,000 Bonds Of Said City To Finance The Cost Of Planning And Implementing Reconstruction Of The Elmwood Avenue Bridge Within The City Int. No. 278 - Establishing Maximum Compensation For Agreements For The Elmwood Avenue Bridge Rehabilitation Project And Appropriating Funds The Parks, Public Works and the Environment Committee recommends for consideration the following entitled legislation:

Gladys Santiago PARKS, PUBLIC WORKS AND THE ENVIRONMENT COMMITTEE Received, filed and published. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-208 Re: City Code Amendment Wholesale Water Rate R2010: Campaign 5 - Regional Partnerships Transmitted herewith for your approval is legislation amending Section 23-37 of the Municipal Code by raising the wholesale water rate for the Lima Water Districts 1 and 2. The present wholesale rate was established by the City Council on June 19, 2001. Currently, it applies to wholesale water sales to Lima Water Districts 1 and 2 and the Town of West Bloomfield. In the past twelve months, sales totaled about 150,000,000 gallons, a 13% increase in usage from 2001. Lima Water Districts 1 and 2 usage comprises about 59% of this total. An increase of $0.03 per 1,000 gallons is proposed, raising the wholesale water rate from $1.15 to $1.18 per 1,000 gallons. This 2.83% proposed increase in the rate is consistent with the increase in the Consumer Price Index for calendar year 2001. It is expected to result in annual incremental revenue of about $2,700. Future rate adjustments to the wholesale rate will be based upon changes in the Consumer Price Index. Rate changes are expected to be proposed on an annual basis for Lima and biannually for West Bloomfield. The proposed rate increase will go into effect on September 1. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-208 (Int. No. 244) 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:

Int. No. 251 - Authorizing An Increase In The Pavement Width Of St. Jacob Street As A Part Of The Curb Replacement Program

(9) Wholesale rate: $1.15 per 1,000 gallons, except that effective September 1, 2002 the rate for the Lima Water Districts 1 and 2 shall be $1.18 per 1,000 gallons.

Int. No. 215 - Authorizing Supplemental Agreements With Respect To The Broad Street Tunnel - East Approach/Erie Canal Aqueduct Project

Section 2. This ordinance shall take effect on September 1, 2002.

Respectfully submitted, Robert J. Stevenson Brian F. Curran (Voted against Int. No. 215) Tony M. Thompson Lois J. Giess (Did not vote on Int. No. 248)

Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-209 Re: Bond Water Main Extensions and

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TUESDAY, JULY 23, 2002

Improvements Program

Rochester as follows:

R2010: Campaign 7 - Quality Service Transmitted herewith for your approval is legislation authorizing the issuance of bonds totaling $871,300 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 Almira Street Lowell Avenue La Force Street N. Clinton Avenue Leavenworth Street Glenwood Avenue Mead Street N. Clinton Avenue Rugby Avenue Arnett Boulevard St. Paul Street Inner Loop

To Oakman Street Remington Street Ravine Avenue Remington Street Chili Avenue Upper Falls Blvd.

These improvements which comprise approximately 1.2 miles of mains are designed to improve water pressure and flow for regular consumption and fire protection. Bids for the improvements were received July 1. The work will be performed by Gordon J. Phillips, Inc. at a maximum cost of $1,030,107, which is approximately $56,000 less than the engineering estimate; an additional $99,893 (10%) will be provided for contingencies. Of the total cost, $67,392 will be financed from the unencumbered balance of the bond issue authorized by Council on June 20, 2000 and $191,308 will be financed from the unencumbered balance of the bond issue authorized by Council on April 17, 2001. The improvements are scheduled to begin in August and be completed by June 2003. Project inspection will be performed by Water and Lighting personnel. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-79 Ordinance No. 2002-209 (Int. No. 245) Bond Ordinance Of The City Of Rochester, New York, Authorizing The Issuance Of $871,300 Bonds Of Said City, In Addition To $258,700 Bonds Previously Authorized Therefor, To Finance The Reconstruction Of Various Water Mains Related To The 2002 Water Main Extension And Improvement Program In The City BE IT ORDAINED, by the Council of the City of

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 2002 Water Main Extension and Improvement Program 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 $1,130,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $871,300 bonds of the City in addition to $67,392 bonds previously authorized in Ordinance No. 2000178 and $191,308 bonds previously authorized in Ordinance No. 2001-96 to finance said aggregate appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. The estimated maximum cost of the Projects stated in Ordinances No. 2000-178 and 2001-96 are hereby amended by the provisions hereof. Section 2. Bonds of the City in the principal amount of $871,300 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 $871,300. 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

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TUESDAY, JULY 23, 2002 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

2. Document process work flow and value chain. 3. Review current process flow with key staff members. 4. Identify process flow improvements. 5. Rework process map to capture improvements. 6. Compare current performance measures to improved process flow diagram. 7. Create new measures, if necessary, and determine key measures to track performance.

(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

8. Conduct one-day workshop to review new process map and correlating measures.

(c) such obligations are authorized in violation of the provisions of the Constitution.

10. Document processes and measures, both in hard copy and electronically.

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.

The final product will be an operating scorecard report that will use the data from the fleet management system to provide reports on key performance measures.

9. Work with City staff and fleet management software vendor to develop operating scorecard report.

Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-210 (Int. No. 246)

Passed by the following vote: Ayes - President Giess, Councilmembers Curran, Douglas, Griswold, Norwood, Stevenson, Thompson - 7.

Establishing Maximum Compensation For A Professional Services Agreement For Consulting Services For The Bureau Of Equipment Services

Nays - None - 0.

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

TO THE COUNCIL: Ladies and Gentlemen: Ordinance No. 2002-210 Re: Agreement - Kathy C. Merrill, Consultant Services R2010: Campaign 7 - Quality Services Transmitted herewith for your approval is legislation authorizing an agreement with Kathy C. Merrill for the provision of consulting services for the Department of Environmental Services (DES). The maximum cost of the agreement is $19,000, which will be funded from the 2001-02 budget of the Department of Environmental Services Currently the Bureau of Equipment Services in DES is nearing completion of the implementation phase of a new fleet management information system and is preparing to implement a performance measurement system. Ms. Merrill is a performance measurement consultant with expertise in the fleet and automotive fields, as well as other types of public and private organizations. Her tasks will include the following: 1. Review current performance scorecard measures, documents and performance reports.

Section 1. The sum of $19,000, 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 Kathy C. Merrill for consulting services for the Bureau of Equipment Services of the Department of Environmental Services. Said amount shall be funded from the 2001-02 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentleman: Ordinance No. 2002-211 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), 221 Weldon Street, Rochester, NY 14611 for continued assistance in the development of communications and team building skills among Department of Environmental Services (DES) employees. The maximum cost of the

Page 208 amendatory agreement will be $4,500, which will be financed from the FY02 DES operating budget. J.W. Consultant has provided training and assistance to DES since 2001 under periodic agreements. The most recent agreement for communications and team building skills was for $9,800, and thus not subject to authorization by City Council. It was executed in January, 2002. The proposed amendment of $4,500 would increase this amount to $14,300.

TUESDAY, JULY 23, 2002 and Office Supervisor to assist them in developing a more integrated approach between the office staff and the internal groups they support to better serve city residents. The hourly fee will continue to be $200. Respectfully submitted, William A. Johnson, Jr. Mayor

Under this agreement, J.W. Consultant has provided the following services:

Ordinance No. 2002-211 (Int. No. 247)

Phase I: Contracting meeting and data collection

Establishing Maximum Compensation For An Amendatory Professional Services Agreement For Training And Consulting Services

1. Met with department leaders to define the purpose and goals of the team building sessions. 2. Assisted leaders in developing communication with the team on why the sessions are critical to employee satisfaction and business results. 3. Session with team to share purpose, goals and obtain support. Emphasize the connection to employee responsibility and accountability for helping the department reach important goals. Determine what the team does well in working together and what they can do better. Phase II: Path forward/action plans

BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $4,500, 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 2001-02 Budget of the Department of Environmental Services. Section 2. This ordinance shall take effect immediately. Passed unanimously.

1. Facilitated meetings to establish priorities for improvement and measures of success.

TO THE COUNCIL: Ladies and Gentlemen:

2. Facilitated sessions to identify strengths and opportunities to improve teamwork and business results.

Ordinance No. 2002-212 Re: Bridge Rehabilitation Project Mt. Read Boulevard

3. Assisted with the implementation of improvements.

R2010: Campaign 7 - Quality Service

Under the proposed amendatory agreement, J.W. Consultant will... Phase III:

Transmitted herewith for your approval is legislation related to the rehabilitation of an Eastman Kodak Company owned bridge on Mt. Read Boulevard. This legislation will:

1. Assist the team with the elimination of barriers to effectively implementing their solutions.

1. Authorize the City to enter into any necessary agreements with New York State Department of Transportation (NYSDOT) to participate in and administer the project;

2. Facilitate meetings with employees to evaluate progress of their implementation plans for improving their team effectiveness. Assist them with necessary modifications to ensure the solutions will be sustained.

2. Authorize the City to enter into any necessary agreements with Eastman Kodak Company (Kodak) for the financial reimbursement of the betterment construction share and administration costs of the project;

3. Meet with a newly transferred staff person to assist with her transition and adjustment in her new office. Brief employee on the team effectiveness consulting steps and office staff progress. Obtain her input on the team effectiveness solutions and obtain support of the office staff implementation plans. Meet with the full team to confirm team agreements. 4. Meet with leaders to coach the transition and adjustment of transferred employee.

3. Appropriate $150,000 from anticipated reimbursements from Kodak to fund the betterment construction share and administrative costs relating to the project; and

5. Provide feedback to leaders on the coaching each employee needs to perform their best work. 6. Meet with Director of Bureau, Unit Managers

4. Amend the 2002-03 City budget to increase the revenue estimates and appropriations to the Cash Capital allocation by $150,000 to reflect these funds. The existing bridge was constructed in two phases. In 1947, Kodak built the original structure carrying what is now West Outer Drive over the Kodak property. This structure was widened in 1954 by NYSDOT to carry Mt. Read Boulevard over Kodak property.

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TUESDAY, JULY 23, 2002 In its current configuration, the bridge is wholly separated by expansion joints that divide the structure in two. The west half, carrying West Outer Drive, is wholly owned by Kodak and is maintained by both the City and Kodak. The City has maintenance responsibility for the roadway items on West Outer Drive. Kodak has maintenance responsibility for the adjacent retaining walls and the bridge structure. Ownership and maintenance requirements for the West Outer Drive portion of the bridge were formalized in an agreement between Kodak and the City dated April 10, 1946. The east half of the structure, carrying Mt. Read Boulevard, is wholly owned and maintained by NYSDOT, which it has maintenance responsibility for the entire east half of the bridge, including the roadway and the structure. Based on the complexities associated with rehabilitating a bridge over both vehicular and railroad traffic, NYSDOT has asked the City to act as a funding intermediary on behalf of Kodak. The project includes a new structural deck system, modifications to the existing concrete abutments, and new curbs, sidewalks, and bridge railing. To expedite the project, the City will partner with NYSDOT and act as the funding agency for the betterment share of the construction phase. The estimated total construction cost of the project is $2,275,000. Of this amount, $1,820,000 will be funded by the Federal government and $328,500 will be funded by the State. The remaining share is estimated to be $126,500, which will be provided by Kodak, along with $23,500 for the Cityʼs administrative costs. No City funding will be used for this project. The costs associated with this project are as follows: Federal Design $ 210,000 Construction 1,400,000 Inspection 210,000 Total $1,820,000

State $ 52,500

Private $

Total 0 $ 262,500

240,000

126,500

1,766,500

36,000

0

246,000

$328,500

$126,500 $2,275,000

Design is tentatively scheduled to be completed in 2003. Construction is expected to commence in Spring 2003 and be completed in Fall 2004. Respectfully submitted, William A. Johnson, Jr. Mayor

tion Project. Section 2. The Mayor is hereby authorized to enter into necessary agreements with the Eastman Kodak Company for funding for the Mt. Read Boulevard Bridge Rehabilitation Project and necessary authorization to enter on to Kodak property to make improvements. Section 3. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. 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 Cash Capital Allocation by the sum of $150,000, which amount is hereby appropriated from anticipated reimbursements from the Eastman Kodak Company. Section 5. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL Ladies and Gentlemen: Ordinance No. 2002-213 Re: Agreements - Resident Project Representation Services R2010: Campaign 7 - Quality Service Transmitted herein for your approval is legislation to authorize professional services agreements with the following firms for resident project representation services: Firm

Address

Amount

Fisher Associates 135 Calkins Road Rochester, New York 14623

$ 60,000

Passero Associates 100 Liberty Pole Way Rochester, New York 14604

60,000

Total

$120,000

The total cost of the agreements will be $120,000, which will be financed from the 1998-99, 1999-00 and 2000-01 Cash Capital allocation of the Department of Environmental Services.

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

Typically, resident project representation or inspection services for construction projects are provided by either City personnel or private consultants on a project-by-project basis. However, during peak periods of the summer construction season, sufficient City personnel are not available to inspect all of the City projects. To address this problem, DES utilizes general or temporary resident project representation services. The proposed agreements are intended to expedite such consultant assignments. This will facilitate project management and completion by providing greater flexibility with respect to the assignment of both City personnel and private consultants.

Section 1. The Mayor is hereby authorized to enter into necessary agreements with the New York State Department of Transportation to participate in and administer the Mt. Read Boulevard Bridge Rehabilita-

The current agreements were authorized by City Council on July 17, 2001. The agreement with Corneles Engineers was initially made with SEA Engineers, who subsequently transferred ownership

Attachment No. AB-80 Ordinance No. 2002-212 (Int. No. 248) Authorizing Agreements With Respect To The Mt. Read Boulevard Bridge Rehabilitation Project And Amending The 2002-03 Budget

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TUESDAY, JULY 23, 2002

to Corneles Engineers. The following is a summary of the use of these agreements for resident project representation services: Firm Assignments

Total Fees

Bergmann Associates Curb Replacements, 2001 and 2002

$91,950

Fisher Associates Central Avenue and Kenwood Avenue Projects

59,446

FRA Engineering P.C. Lower Falls Trail, Meigs/Gregory Hill, and Kenwood Avenue Projects

12,076

Corneles Engineers Residential Curb Ramps, 2002

1,874

The recommended firms were selected based upon demonstrated skill and expertise, past performance and availability of personnel. Under the terms of the proposed agreements, resident project representation services will be provided at specified hourly rates for a variety of projects as required by DES. These rates are as follows: Firm

Hourly Rate Range

Fisher Associates

$14.64/hr. - $31.28/hr.

Passero Associates

$14.50/hr. - $25.50/hr.

The assignment of projects between the two firms will be based upon their special skills, expertise and availability of personnel. The total cost of all assignments to either firm under the proposed agreements will not exceed $60,000 during the two-year term of these agreements. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-213 (Int. No. 249) Establishing Maximum Compensation For Professional Services Agreements For Construction Resident Project Representation Services BE IT ORDAINED, by the Council of the City of Rochester as follows: Section 1. The sum of $60,000 each, or so much thereof as may be necessary, is hereby established as the compensation to be paid for professional services agreements between the City and Passero Associates and Fisher Associates for construction resident project representation services for two years. The agreements may extend until three (3) months after completion of a two year guarantee inspection of the projects for which the services were provided. Of said amounts, $48,000 shall be funded from 1998-99 Cash Capital Allocation, $36,000 shall be funded from 1999-2000 Cash Capital Allocation and $36,000 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. 2002-214 Re: New York State Program Grants R2010: Campaign 4 - Environmental Stewardship Campaign 7 - Quality Service Campaign 8 - Tourism Destination Campaign 10 - Center City Campaign 11 - Arts & Culture Transmitted herewith for your approval is legislation authorizing applications and agreements for the following grants: 1. New York State Department of State, in accordance with the provisions of the Local Waterfront Revitalization Program, for a. Genesee River Trail Signage Project ($100,000); b. Design and Construction of South Wedge Landing Project ($250,000). 2. New York State Office of Parks, Recreation and Historic Preservation, in accordance with the provisions of the Heritage Area Program, for the Triphammer Water Turbine Excavation Project ($100,000). 3. New York State Office of Parks, Recreation and Historic Preservation, in accordance with the provisions of the Historic Preservation Program, for a. Repairs to Historic City Hall ($500,000); b. Environmental Work and Study and Design of Interpretative Space and Exhibits for the Historic Erie Canal Aqueduct ($200,000). 4. New York State Office of Parks, Recreation and Historic Preservation, in accordance with the provisions of the Parks Program, for the Rehabilitation of Manhattan Square Park ($1,000,000). The Trail Signage project has been underway for two years; the City Hall project was begun last year and is scheduled for further work in 2003-04 through 2005-06. Each of the other projects is currently in the developmental stages. Respectfully submitted, William A. Johnson, Jr. Mayor Attachment No. AB-81 Ordinance No. 2002-214 (Int. No. 250) Authorizing Applications And Agreements For Grant Funds 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 State under the Local Waterfront Revitalization Program for funding for a Genesee River Trail Signage Project.

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TUESDAY, JULY 23, 2002 Section 2. The Mayor is hereby further authorized to submit an application to and enter into an agreement with the New York State Department of State under the Local Waterfront Revitalization Program for funding for design and construction of a South Wedge Landing Project. Section 3. The Mayor is hereby further authorized to submit an application to and enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation under the Heritage Area Program for funding for a Triphammer Water Turbine Excavation Project. Section 4. The Mayor is hereby further authorized to submit an application to and enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation for funding under the Historic Preservation Program for repairs to the historic City Hall. Section 5. The Mayor is hereby further authorized to submit an application to and enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation for funding under the Historic Preservation Program for environmental work and the study and design of interpretive space and exhibits for the historic Erie Canal Aqueduct. Section 6. The Mayor is hereby further authorized to submit an application to and enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation for funding under the Parks Program for the rehabilitation of Manhattan Square Park. Section 7. The applications and agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate. Section 8. This ordinance shall take effect immediately. Passed unanimously. TO THE COUNCIL: Ladies and Gentlemen:

R2010: Campaign 7 - Quality Service Campaign 9 - Healthy Urban Neighborhoods Transmitted herewith for your approval are two amendatory agreements for additional appraisal services relating to partial takings for the West Ridge Road Improvement Project.

Bruckner, Tillet, Rossi, Cahill and Legrett 1151 Pittsford-Victor Road Pogel, Schubmehl, Rogachefsky and Ferrara 2509 Browncroft Boulevard

Federal State City Total

$10,754,000 2,789,000 3,300,000 $16,843,000

The realignments and new frontage road require the acquisition of 23 full parcels; in November, 2001, Council authorized agreements with the two appraisal firms to establish values on these parcels. City Council is currently considering Int. 179, authorizing the acquisition of these parcels. In addition, there are portions of 15 parcels that will be required to complete the project. Additional appraisal services will therefore be required to establish the value of those partial acquisitions. Upon completion of the appraisals, legislation will be submitted to Council to authorize the required partial acquisitions. If the proposed legislation is approved, the maximum compensation for the two firms will increase to $22,500 and $14,500, respectively. Respectfully submitted, William A. Johnson, Jr. Mayor Ordinance No. 2002-215 (Int. No. 276) Establishing Maximum Compensation For Amendatory Professional Services Agreements For Appraisal Services For The West Ridge Road Improvement Project BE IT ORDAINED, by the Council of the City of Rochester as follows:

Ordinance No. 2002-215 Re: West Ridge Road Improvement Project (Hanford Landing Road to Veteranʼs Memorial Bridge)

Organization

As you are aware, this project involves the reconstruction of West Ridge Road, from Hanford Landing Road to the Veteranʼs Memorial Bridge, including a significant realignment of West Ridge Road, from just west of the Lake Avenue intersection to the bridge. It will also provide for a new two-way frontage road in front of the houses to remain on the south side of West Ridge Road between Ridgeway Avenue and Maplewood Drive, and replacement of the existing pedestrian bridge over West Ridge Road near Maplewood Drive. The estimated cost of the project is $16,843,000, which will be financed as follows:

Amount $7,500 4,500

The cost for the amendatory agreements will be funded from Federal Highway Administration and State funds appropriated for this project in April, 2000.

Section 1. The sum of $7,500, 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 Bruckner, Tillett, Rossi, Cahill and Legrett for a