Common Council Meeting -- 02.07.2024

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council February 7, 2024 Type & Number Title/Description Date Committed PRO. ORD. 1 Ordinance Removing Traffic Island 11/15/2023 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 PRO. RES. 3 APPROPRIATION OF SPENDING 01/17/2024 PRO. ORD. 5 SALE OF URA PROPERTY 01/17/2024 PRO. ORD. 6 AMENDING SEC. 2-2-104 01/17/2024  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: 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  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 09 / 24 Proposed Resolution No. 3 Sent to Council Attorney on 01 / 09 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Colosimo-Testa An audit into the appropriation of spending in regards to ALL paving, including, streets, sidewalks, parking lots, etc., for the years of 2021-2023 in the City of Utica. WHEREAS, the council has been asked to appropriate additional funding in regards to paving, and where no answers have been given into who approved the authorization in additional paving and, WHEREAS, it is the council’s financial responsibility to investigate, and thoroughly understand how additional funds were spent, who authorized the additional spending, and why additional funds were spent. NOW THEREFORE BE IT RESOLVED, that the common council request an investigation, an audit into the contracts that were entered for paving, including ARPA spending, paving regarding the local law, and any additional paving, associated with the 2021-2023 years, and it include, the Comptroller, council ARPA spending, Engineering, Mayor, and any other department involved and, BE IT FURTHER RESOLVED, that a report be given to the committee of the whole, for further recommendations and explanation into the findings of the audit. 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: URA Proposed Ordinance No. 5 Submitted to council on: 12 / 29 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 29 / 23 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson Ordinance approving the designation of Masonic Medical Research Institute as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.8-1-41 Division Street, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water Street., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.8-1-41 Division St, 318.8-1-42, 318.8-1- 43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St.; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Masonic Medical Research Institute; and the developer proposes to purchase 318.8-1-41 Division St, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St. to construct a 100,000 (+) square foot research laboratory; and the purchase will require the payment of $135,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 7, 2024 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $135,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. 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: Councilmember LoMedico, Burmaster Proposed Ordinance No. 6 Submitted to council on: 01 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 01 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers LoMedico, Burmaster AN ORDINANCE AMENDING SECTION 2-2-104 OF THE UTICA CITY CODE BY ADDING PARAGRAPH (D) BE IT ORDAINED, by the Common Council of the City of Utica does hereby amend Section 2-2-104 of the Utica City Code as follows: Chapter 2-2 Administration Article IV Finance Sec. 2-2-104 Capital Reserve Fund to Finance Paving (a) Pursuant to § 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund, to be known as the “Paving Reserve Fund” (hereinafter referred to as “Reserve Fund”). The purpose of this Reserve Fund is to finance the cost of a type of capital improvement. The type of capital improvement to be financed from the Reserve Fund is paving. (b) The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by § 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by § 11 of the General Municipal Law, and consistent with the investment policy of the City of Utica. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the Fund, interest earned by the Fund, capital gains or losses resulting from the sale of investments of the Fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board of Estimate and Apportionment a detailed report of the operations and condition of the Reserve Fund. (c) Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditures shall be made from this Reserve Fund without the approval of the Board of Estimate and Apportionment and such additional actions or proceedings as may be required by § 6-c of the General Municipal Law, or any other law.  (d) Notwithstanding the provisions set forth in section (c) above, should the City Engineer become aware that the cost of going forth with the year’s paving plan will exceed the funds available, and if the Administration desires to complete said paving plan with additional allocation of funds or bonding thereof, the Administration may do so with express consent of the Common Council prior to the encumbrance of additional debt to the City of Utica. 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