Common Council Meeting -- 02.17.2021

LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council February 17, 2021 RES. 1 Commissioner of Deeds (Lois Ann Pirro) RES. 2 Commissioner of Deeds (Michael James Kinsella) RES. 3 Commissioner of Deeds (Renewals) ORD. 4 Residency Waiver (Matthew Faffley) RES. 5 Commissioner of Deeds (Lucille Ann Vincent) RES. 6 Green Innovation Grant Program RES. 7 Commissioner of Deeds (Michéle N. Navedo) RES. 8 Amend Youth Common Council Resolution  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 04 / 21 Proposed Resolution No. 1 Sent to Council Attorney on: 02 / 04 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica for a two-year term commencing February 17, 2021 and ending December 31, 2022: Lois Ann Pirro 1629 St. Jane Avenue Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 04 / 21 Proposed Resolution No. 2 Sent to Council Attorney on: 02 / 04 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica for a two-year term commencing February 17, 2021 and ending December 31, 2022: Michael James Kinsella 5 Pleasant Street Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 12 / 21 Proposed Resolution No. 3 Sent to Council Attorney on: 02 / 12 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Burmaster, Friend, Meola, Moody, Betrus, Williamson, LoMedico, DiBrango COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica for a two-year term commencing February 17, 2021 and ending December 31, 2022: Emilie Raymond Mark Richard Williamson Ronald Gene Vincent 623 Plant Street 33 Pond Lane 477 Roseclair Avenue Utica, NY 13502 Utica, NY 13501 Utica, NY 13502 Robert H. Burmaster Thalea L. Hunter Stephanie Lynne Tighe 1426 City Street 701 Buchanan Road 800 Park Avenue Utica, NY 13502 Utica, NY 13502 Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. 4 Submitted to council on: 02 / 10 / 21 Proposed Resolution No. Sent to Council Attorney on: 02 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson ORDINANCE RELIEVING MATTHEW FAFFLEY OF THE RESIDENCY REQUIREMENTS UNDER SECTION 2.045 OF THE UTICA CITY CHARTER WHEREAS, Matthew Faffley is employed by the City of Utica as an S- Lineman 2, and in that capacity is responsible for erection, installation and maintenance of all overhead and underground electric signal lines for the City of Utica; and WHEREAS, the job of S Lineman 2 was advertised, and after an extensive search, Mr. Faffley was the only qualified applicant to the position; and WHEREAS, Mr. Faffley is possessed of unique skills and experience, including certification in OSHA safety, fiber optic splicing, and line clearance, as well as over a decade of experience in welding and fabricating, bucket or lift operating, and operating back hoes, forklifts and telehandlers; and WHEREAS, since his hiring on October 1, 2018, Mr. Faffley's unique skills have allowed the City to take ownership of City Street Lights from National Grid and lead the team that maintains them; in this capacity his work and skills have saved the City well over $80,000.00 that would have otherwise been paid to a contractor to maintain City Street Lights and Traffic Signals; and WHEREAS, for personal reasons, Mr. Faffley has requested to reside outside the City limits; and WHEREAS, the Common Council of the City of Utica finds Mr. Faffley's skills and qualifications are so unique as to make replacing him impractical; and WHEREAS, the Common Council is authorized pursuant to Section 2.045 (b) of the Utica City Charter to modify employee residency requirements of Section 2.045 by law, local law, or ordinance. NOW, THEREFORE, BE IT ORDAINED, that the Common Council of the City of Utica does hereby relieve Matthew Faffley of the applicable residency requirements of the Utica City Charter; AND, BE IT FURTHER ORDAINED, that relief from the residency requirements shall continue for the duration of Mr. Faffley's employment with the City of Utica. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 11 / 21 Proposed Resolution No. 5 Sent to Council Attorney on: 02 / 11 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica for a two-year term commencing February 17, 2021 and ending December 31, 2022: Lucille Ann Vincent 477 Roseclair Avenue Utica, NY 13502 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Urban & Econ Development Proposed Ordinance No. Submitted to council on: 02 / 11 / 21 Proposed Resolution No. 6 Sent to Council Attorney on: 02 / 11 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT UNDER THE GREEN INNOVATION GRANT PROGRAM WHEREAS, the City of Utica was awarded a $623,000 Green Innovation Grant Program (GIGP), administered by the Environmental Facilities Corporation, through the State’s Consolidated Funding Application (CFA) process; and WHEREAS, the grant funds will be used to transform the eastern portion (closest to Park Avenue) of the existing, City-owned Car Park parking lot into an environmentally-friendly multipurpose event space. The creation of the multipurpose event space will reconfigure the parking, remove the asphalt paving and replace it with permeable pavers. The space will be flanked by landscaping and bio-retention basins. Additionally, the project includes the construction of a well-lit pedestrian connection from the new multipurpose event space to Park Avenue; and WHEREAS, the required match of $70,000 has been pledged by formal resolution of the Utica Urban Renewal Agency; and WHEREAS, the grant award requires that the grantee obtain approval of the governing body of the municipality in which the project will be located to execute a Grant Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of Utica is hereby authorized to execute a Grant Agreement with the NYS Environmental Facilities Corporation and any and all other contracts, documents and instruments necessary to bring about the Project and to fulfill the City of Utica’s obligations under the GIGP Grant Agreement. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 17 / 21 Proposed Resolution No. 7 Sent to Council Attorney on: 02 / 17 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica for a two-year term commencing February 17, 2021 and ending December 31, 2022: Michéle N. Navedo 141 ½ Pleasant Street, 2nd Floor Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. Submitted to council on: 02 / 17 / 21 Proposed Resolution No. 8 Sent to Council Attorney on: 02 / 17 / 21 Thursday Rule Waiver Required? N Date of Legislation: 02 / 17 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson RESOLUTION AMENDING THE CITY OF UTICA YOUTH COMMON COUNCIL WHEREAS, the Common Council for the City of Utica did on or about February 19, 2020, adopt a resolution that re- established an organization to be known as the City of Utica Youth Common Council, whose membership would constitute Utica High School seniors and/or juniors to be members of this organization as recommended by members of the Utica Common Council, and WHEREAS, when the resolution was presented for consideration and adoption, there was a discussion between the members regarding the activities to participate in, programs, etc. and explicated not to become involved, in any way, manner, or form, with partisan politics or causes, and WHEREAS, although that restriction was not specifically placed in the legislation, it was discussed and agreed that such conduct would be restricted and further, no member of the Youth Council would be solicited by or become a member of a Councilperson’s personal campaign or projects, and WHEREAS, the Common Council did select one of its members to be an advisor to the group and that the group should report activities, discuss rules with their council advisor, and make reports of same to the Common Council and Mayor. And WHEREAS, it has been reported on social media, by a member of the Common Council, that a member of the Youth Council has joined her campaign for re-election.. The report states that said youth shall “handle social media for the campaign working to get the word out on multiple platforms (Facebook, Twitter, and Instagram). When she is not working hard for the campaign (her campaign), she will be a part of the Utica Youth Council.” WHEREAS, the above activity is exactly what the Common Council did not want to occur. The Youth Council was not created for the purpose of having its members be solicited by Councilpersons and have them engage in partisan politics or causes on behalf of a member of the Common Council while acting in the capacity of a member of the City of Utica Youth Council. The Common Council does hereby amend the resolution establishing the Utica Youth Common Council by the addition of an Article VII entitled “Restrictions.” BE IT RESOLVED, that the Common Council for the City of Utica does adopt the following section to be added to the present Utica Youth Common Council legislation: VII. RESTRICTIONS: a. No member of the Common Council may solicit or engage any member of the Utica Youth Common Council to become a member of, or be associated with, any personal campaign, projects, or activities of a City Officer engaged in a partisan political campaign. b. Nothing herein is intended to restrict a youth from becoming or engaging in the experience of being involved in political matters or causes. If a member of the Utica Youth Common Council has that ambition or desire to do so, then that person should report same to the Youth Advisor and their parents. Said person may engage in any of the above partisan politics or causes, but may not do so as a member of the Utica Youth Common Council. After conferring with the Youth Advisor and parents, if said student wishes to continue as a volunteer to engage in a campaign that involves a member of the Utica Common Council or other City Officer, said student shall first resign as a member of the Utica Youth Common Council. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime