Common Council Meeting -- 01.17.2024

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council January 17, 2024 Type & Number Title/Description Date Committed PRO. ORD. 1 Ordinance Removing Traffic Island 11/15/2023 PRO. RES. 4 Zoo Contract 12/06/2023 PRO. ORD. 7 Intersections Where Stop Required 12/06/2023 PRO. ORD. 8 Yield Signs 12/06/2023 PRO. ORD. 9 No Parking at all Times 12/06/2023  Submitted to council by: Councilman Williamson Proposed Ordinance No. 1 Submitted to council on: 11 / 13 / 23 Proposed Resolution No. Sent to Council Attorney on: 11 / 13 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 15 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored By: Councilmember Williamson Ordinance Removing the Traffic Island at Eastwood Ave. and Dunham Road WHEREAS, A traffic island has been erected at the intersection of Eastwood Avenue and Dunham Road, and WHEREAS, said traffic island was erected without a police or engineering study having been submitted to the Common Council for its review prior to the construction, and WHEREAS, there have been multiple complaints from residents, school bus drivers and others, stating that the construction of the traffic island was ill thought out and could be dangerous. The design could lead to a great deal of driver confusion when and if Utica experiences a major snow storm, and BE IT ORDAINED, by the Common Council of the City of Utica, that the traffic island constructed at Eastwood Avenue and Dunham Road, without the benefit of a traffic study, police and engineering department presentation to the Common Council, be demolished and eliminated returning the roads to their original configuration immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: LAW Proposed Ordinance No. Submitted to council on: 11 / 30 / 23 Proposed Resolution No. 4 Sent to Council Attorney on: 11 / 30 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster, Williamson RESOLUTION APPROVING AGREEMENT TO OPERATE AND MANAGE THE UTICA ZOO WHEREAS, the Utica Zoological Society has successfully operated and managed the Utica Zoo for a number of years, and WHEREAS, this arrangement, although to the mutual benefit of both parties and the people of Utica and surrounding area, has not been formalized into a written agreement, and WHEREAS, the administration and the Zoological Society have negotiated a written agreement to formalize and continue the operation of the Utica Zoo, it is hereby BE IT RESOLVED, that the agreement between the City of Utica and the Utica Zoological Society for the operation and management of the facilities at the Utica Zoo located at Roscoe Conkling Park, substantially as attached hereto is hereby APPROVED. FURTHER RESOLVED, the Mayor is hereby authorized to execute any documents necessary to implement this resolution. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  AGREEMENT THIS AGREEMENT, made the ____ day of ___________, 2024 between the City of Utica, New York, a municipal corporation with principal offices located at One Kennedy Plaza, Utica, New York 13502 (hereinafter referred to as the City) and the Utica Zoological Society, Inc., a Not-For-Profit organization, duly organized under the laws of the State of New York and having principal offices located at One Utica Way, Utica, New York 13501 (hereinafter referred to as the Utica Zoological Society). WHEREAS, for the past several years the Utica Zoological Society has operated and managed the facilities at the Utica Zoo with the consent and cooperation of the City, and WHEREAS, this relationship has proven to be mutually beneficial and in the best interests of the citizens of the City of Utica and surrounding communities, and WHEREAS, the City of Utica contributes services and, when available, a sum of money to the Utica Zoological Society each fiscal year to help finance its activities, and WHEREAS, the Utica Zoological Society performs certain services and supplies certain materials at the Zoo, for benefits of the residents of the City of Utica, and surrounding communities. NOW, THEREFORE, it is hereby agreed: 1. The Utica Zoological Society will manage and operate the facilities of the Utica Zoo located at Roscoe Conkling Park bounded and described as follows: All that tract or parcel of land situated in the City of Utica, County of Oneida and State of New York more particularly bounded and described as follows: Beginning at a point formed by the intersection of the center line of Valley View Road (formerly Third St.) and the southerly curb line of the Parkway; thence westerly along the  southerly curbline of said Parkway, a distance of 1646.00± feet to a point; thence southerly along a line parallel with the center line of Valley View Road, a distance of 250.00± feet to the point of beginning of lands herein described; thence southerly parallel with the center line of Valley View Road and along a line located 1646± feet westerly of the center of Valley View Road to a point marking the northeasterly corner of a tract or parcel of land belonging to the Utica Cemetery Association; thence westerly along the northerly bounds of said cemetery property to the center of the Utica Cemetery Road; thence continuing westerly along the center of said Cemetery Road to a point marking the fence corner of the Utica Cemetery property; thence northerly on a straight course to the most westerly fence line of the Utica Zoo; said fence line being located adjacent and easterly of the Ski Tow; thence northerly along said fence line to the northwesterly fence corner of said Utica Zoo; thence northeasterly on a straight course to a point located 250.00± southerly measured at right angles from the southerly curbline of the Parkway, said point being located also 1200.00± easterly of the easterly curbline of Oneida Street measured along a line located 250.00± feet southerly from the southerly curbline of the Parkway; thence easterly along a line located 250.00± feet southerly of the southerly curbline of the Parkway to the place of beginning. Excepting therefrom, approximately 2 acres of land near the current entrance to the Zoo, which is currently occupied by the Power Authority of the State of New York as a Visitor Center. 2. The City of Utica shall provide snow plow and salting service through the main Zoo parking lot. The City’s Parks’ Dept. will plow the main parking lot spots and overflow parking on the second level. (There will be an effort to preserve ADA required dimple pads in the bus loop area.) The City Parks’ Dept. enters zoo gate and plows Pangea Plaza  and roadway up Steele Hill Road to gate of Master Garden and Steele Hill Road. (Zoo calls this African Ridge). 3. The Utica Zoological Society shall care for all animals presently in the Zoo, or subsequently added thereto, including medical treatment, dietary plan, and food purchase and preparation and all those duties which are commensurate with the care of wild animals in a captive state. Such care shall be provided in accordance with all applicable federal, state and local laws and regulation. 4. The employees or agents of the Utica Zoological Society must be orderly in the conduct of their work and must be thoroughly schooled by Utica Zoological Society in the nature of their duties and the requirements of this contract, to the end that the details specified herein may be performed. Utica Zoological Society shall be solely responsible for compliance with all applicable federal, state and local laws and regulations regarding employees. 5. The parties acknowledge that all animals, machinery, equipment and personal property currently being used in connection with the operation and management of the Zoo are owned by the Utica Zoological Society. In the event of expiration or early termination of this agreement, the City shall have the option to purchase same at the original purchase price less observed depreciation. 6. All utilities including gas, electricity, trash removal and heating, except water, shall be paid for by the Utica Zoological Society. 7. Utica Zoological Society agrees to operate the zoo twelve months a year and to keep open and available to the public facilities of the main zoo during the summer and winter  months generally from 10:00 a.m. to 5:00 p.m. and the facilities of the Children’s Zoo during the summer and winter months generally from 11:00 a.m. to 5:00 p.m.. 8. Utica Zoological Society is authorized to operate concession stands for the sale of food, beverages and souvenir items on the premises. In addition, Utica Zoological Society may charge reasonable admission fees to the premises. All income from such activities shall be used exclusively for the benefit of the Utica Zoo. 9. It is further agreed that Utica Zoological Society shall comply with all City Ordinances and with each and every provision of the Labor Law of the State of New York and all other State laws and Federal laws related thereto. 10. In the hiring of employees for the performance of work under this contract or any such contract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor shall because of race, color or nation origin, discriminate against any citizen of the State of New York, who is qualified and available to perform the work to which the employment relates. 11. Utica Zoological Society shall save harmless the City from all damages to persons or property arising from the negligence, carelessness or unlawful acts of the Utica Zoological Society. The Utica Zoological Society expressly agrees that in the event of any damages to persons or property resulting from its negligence, carelessness or unlawful acts, it will pay and liquidate the same at its own expense and it will save the City harmless from all actions brought on account of such damages and will pay all judgments recovered, together with the costs and expenses of defending the same. The City of Utica, New York, may withhold from the Utica Zoological Society any money that may be due it and pay the same to liquidate such judgment. 12. The contract herein shall be void and of no effect unless the Utica Zoological Society shall secure and maintain Workers’ Compensation insurance for the benefit of such employees as may be employed by it, as provided by the Workman’s Compensation Law, and the General Municipal Law of the State of New York. The Utica Zoological Society shall furnish General Liability Insurance in the amount of not less than Eight Million Dollars ($8,000,000.00) and property damage insurance in the amount of not less than One Hundred Thousand Dollars ($100,000.00) in companies’ satisfactory to the City. A certificate of said liability and property damage insurance naming the City of Utica as an additional insured shall be forwarded to Comptroller of the City, with a copy to the Corporation Counsel. This shall also apply to automobiles owned by Utica Zoological Society. Fire insurance and extended coverage on all zoo buildings shall be provided by the City. 13. Utica Zoological Society shall comply with the sanitary rules and regulations of the Department of Health of the City and of the County of Oneida and State of New York and, shall comply with all laws, rules, regulations and ordinances of the United States, the State of N work and the City of Utica, New York, and any and all departments, agencies or bureaus thereof. 14. Utica Zoological Society shall not assign, transfer, sublet or otherwise dispose of its right, title and interest therein, or its power to execute such contract to any other person, company or corporation without the previous written consent of the City. 15. Upon the termination of this contract, including any extension or renewal thereof, the Utica Zoological Society shall execute and deliver to the City of Utica, New York, a  release under seal, releasing the City of Utica, New York, from all claims or liabilities of any name or nature arising out of said contract. 16. Utica Zoological Society shall, each year, on or before May 15, submit a copy of the Annual Audited Financial Statement of its operations to the City Comptroller and the Budget Director. 17. Utica Zoological Society shall not make any capital improvements on the premises costing $50,000.00 or more without the prior written consent of the Mayor, which shall not be unreasonably withheld. Prior to entering into any contract to build any such capital improvement, Utica Zoological Society shall provide the Mayor reasonably sufficient documents describing the proposed project and the estimate cost thereof. Upon receiving the written consent, the Utica Zoological Society shall have sole responsibility for the construction and selection of contractors for such projects and shall indemnify and defend the city from all liability of any kind associated with or arising in connection with said construction and contractors. Upon completion of a capital project, the project shall become the property of the City, but shall be operated and maintained by the Utica Zoological Society in accordance with this Agreement. 18. The City reserves the right to enter the premises at any time and to supervise the performance of the contract or to make such inspections therein as shall be deemed requisite by the City and may enter upon and pass through and over said premises at any and all times with due regard for the general welfare of the zoo. 19. The Utica Zoological Society shall establish a long range planning or building committee to work closely with the City. 20. Whenever any notice is required to be sent from one party to the other, it shall be made by hand delivery or by certified mailing to: To the City: Mayor of the City of Utica Utica City Hall One Kennedy Plaza Utica, New York 13502 With copy to: Corporation Counsel Utica City Hall One Kennedy Plaza Utica, New York 13502 To the Utica Zoological Society: Executive Director One Utica Zoo Way Utica, New York 13501 21. In order to facilitate communication between the parties, the Mayor may designate a liaison, who shall be notified of and allowed to attend all meetings of the Facilities Committee. The liaison may observe and comment during the meetings, but shall have no vote thereon. 22. Naming Rights: Utica Zoological Society may grant naming rights to an exhibit, building, feature or smaller item within the Zoo, without the prior consent and approval of the City. The Utica Zoological Society shall notify the City in advance of its intention to grant any naming rights. Any grant of naming rights shall not exceed the duration of this Agreement. No naming rights may be granted following a notice of termination by either party without the consent and approval of the City. Neither Utica Zoological Society nor the City may convey rights to (or commit to) naming the entirety of the Zoo, without the  consent of both parties. Funds received for naming any part of the Zoo shall be used exclusively for the benefit of the Zoo. 23. This contract shall be effective as of January 1, 2024 and shall continue in full force and effect until December 31, 2039. If not in default at that time, Utica Zoological Society shall have the option to renew this agreement for an additional fifteen (15) years. Utica Zoological Society must give the City written notice of its intent to exercise the option within not less than 120 days before the expiration of the term. 24. Attached and marked Exhibit “A”, is a list of the benefits given to the residents of the City, and surrounding communities, by the Utica Zoological Society, in exchange for the money received from the City. 25. This memorandum constitutes the entire agreement of the parties and there shall be no oral modification thereof. CITY OF UTICA, NEW YORK By:___________________________________ UTICA ZOOLOGICAL SOCIETY, INC. By:_______________________________________  Submitted to council by: UPD Proposed Ordinance No. 7 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betar INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: On the Eastern curbline in front of 2601 Dunham Road controlling eastbound traffic onto Eastwood Avenue On the northwest corner of the Traffic Island at Eastwood Avenue and Dunham Road, controlling westbound traffic onto Eastwood Avenue (Added 12/06/2023) BE IT FURTHER ORDAINED, that the proper signage is already in place. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UPD Proposed Ordinance No. 8 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betar YIELD SIGNS BE IT ORDAINED, that Sec. 2-16-359 Schedule D: Yield Signs, be amended to include the following: The eastern curbline on Dunham Road across from the Southern point of the Traffic Island controlling traffic from Eastwood Avenue onto Dunham Road (Added 12/06/2023) BE IT FURTHER ORDAINED, that the proper signage is already in place. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UPD Proposed Ordinance No. 9 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betar NO PARKING AT ALL TIMES BE IT ORDAINED, that Sec. 2-16-360 Schedule E: No Parking At All Times, be amended to include the following: On the Northern curbline between 153 Eastwood Avenue to 147 Eastwood Avenue On the Southern curbline between 140 Eastwood Avenue to 2602 Dunham Road On the Eastern curbline between 2603 Dunham Road to a point 30 feet East of the Stop sign in front of 2601 Dunham Road Each curbline of the Traffic Island on Dunham Road and Eastwood Avenue (Added 12/06/2023) BE IT FURTHER ORDAINED, that the proper signage be erected. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi