Common Council Meeting -- 04.02.2025

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council April 2nd, 2025 Type & Number Title/Description Date Committed PRO. RES. 4 St. Elizabeth Medical Center Plan 09/18/2024 Intro. Local Law #3 of 2024 08/07/2024 Intro. Local Law #4 of 2024 10/29/2024 PRO. RES. 5 Note Anticipation 02/05/2025 PRO. ORD. 21 Sewer Rent 02/26/2025  Submitted to council by: Councilmember Betar Proposed Ordinance No. Submitted to council on: 9 / 12 / 2024 Proposed Resolution No. 4 Sent to Council Attorney on: 9 / 12 / 2024 Thursday Rule Waiver Required? Date of Legislation: 9 / 18 / 2024 Explanation provided to council on: / / _____________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betar RESOLUTION TO EXAMINE, INSPECT, AND DISCUSS MATERIALS RELATED TO THE MASTER REUSE PLAN FOR THE FORMER ST. ELIZABETH MEDICAL CENTER WHEREAS, on or about October 29, 2023, St. Elizabeth Medical Center, located at 2209 Genesee Street, Utica, New York, permanently closed upon the opening of Wynn Hospital in Downtown Utica; and WHEREAS, upon the closure of St. Elizabeth Medical Center, residents of the City of Utica have shown great interest regarding the future of the campus; and WHEREAS, there is currently a process to develop a master reuse plan for the former St. Elizabeth Medical Center; and WHEREAS, as part of that process, a document containing four potential options was presented to the public, which is attached as Exhibit “A”; and WHEREAS, to best represent the residents of the City of Utica, it is incumbent upon the City of Utica Common Council to remain diligent throughout the above-described process; it is therefore RESOLVED, that the City of Utica Common Council hereby undertakes its duty to examine, inspect, and discuss the contents of Exhibit A, along with any subsequent materials that may be submitted in relation to the master reuse plan for the former St. Elizabeth Medical Center. 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: 08 / 05 / 24 Proposed Resolution No. Sent to Council Attorney on: 08 / 05 / 24 Thursday Rule Waiver Required? N Date of Legislation: 08 / 07 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Betrus Local Law No. ______ of 2024 Introductory Local Law No. __3___ of 2024 A LOCAL LAW TO PROHIBIT CAMPING OR SLEEPING ON CITY OF UTICA PARKS, PUBLIC SIDEWALKS, STREETS, ALLEYWAYS OR OTHER PUBLIC RIGHTS OF WAY Presented and read on August 7th, 2024. Adopted by the Common Council by a vote of Yeas ___ and Nays ___, on ___________________, Became a Local Law with the approval of the Mayor on ________________________, after a public hearing on ____________________. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA: Section 1. Legislative Intent It is the intent of this local law to prohibit camping or sleeping in City parks, public sidewalks, public streets, alleyways, or any other public right of way. People camping or sleeping in City parks, on public property, or in public right of ways, creates a public health safety hazard and interferes with the rights of others to use the areas for which they were intended. Section 2. Authority This authority to adopt this local law is derived from Article IX, Section 2(c) of the New York Constitution; Article 2 Section 10 of the Statute of Local Governments, and Article 2, Section 10 of the Municipal Home Rule Law, which authorizes the City to adopt local laws and regulations that advance and protect the health, safety and welfare of the community. Section 3. Definitions Unless the context requires otherwise the following he following definitions apply. A. “To Camp” means to set up or to remain in or at a campsite.  B. “Campsite” means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. C. “Prohibited Public Places” means any place not designated as a public campground pursuant to Federal, State or Local statute or ordinance and shall include the following: (a) Public streets, sidewalks, alleyways, passages and rights of way; (b) Publicly owned property; (c) Public parks; (d) Public parking lots, whether publicly owned or privately; (e) Public landscaped areas, whether publicly or privately owned and maintained pursuant to a public easement or agreement for public maintenance; (f) Private property that is readily accessible to the general public or is otherwise open to common general use; (g) Vacant lots that are readily accessible to the general public or otherwise open to common general use or that attract activity that may pose a threat to public health and safety; and (h) Drainage culverts and basins Section 4. Sleeping or Camping is Prohibited on Sidewalks, Streets, Alleys, or Within Doorways or in Prohibited Public Places A. No Person may sleep or camp on public sidewalks, streets, alleyways, or other prohibited public places at anytime as a matter of individual and public safety. B. No person may sleep or camp in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. C. In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. Section 5. Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public place, or under any bridge or viaduct, unless (i) otherwise specifically authorized by this Local Law, (ii) by a formal declaration by the City Council in emergency circumstances, or (iii) by Council resolution, the City may exempt a special event from the prohibitions of this section, if the Common Council find such exemption to be in the public interest and consistent with City goals and notices. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the City Council shall specify the exact dates and location covered by the exemption. Section 6. Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the Police Department may occur under the following circumstances: A. Prior to removing the campsite, the City shall post a notice, 24-hours in advance at the campsite. B. At the time a 24-hoour notice is posted, the City shall inform a local agency (delivering social services to homeless individuals) of the location of the campsite. C. After the 24-hour notice period has passed, the Police Department is authorized to remove the campsite and all personal property related thereto. Section 7. Disposition and Release of Personal Property For purposes of this Local Law, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition maybe immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence (as provided above) shall be stored by the Police Department for a minimum of 30 days, during which time its hall be reasonably available for and released to an individual confirming ownership. Section 8. Enforcement This local law shall be enforced by an Officer of the City of Utica Police Department, The City Code Enforcement Officer, the Oneida County Sheriff’s Department, the New York State Police, or any other Police Officer authorized as such by the State of New York. Section 9. Penalties A violation of this Local Law shall be deemed on offense punishable by a fine up to $500.00 or imprisonment up to 15 days, or both. Section 10. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, fir or corporation, or circumstances, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgement or order shall be rendered.  Section 11. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. 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: 10 / 25 / 24 Proposed Resolution No. Sent to Council Attorney on: 10 / 25 / 24 Thursday Rule Waiver Required? N Date of Legislation: 11 / 06 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 4 OF 2024 Presented and read October 29, 2024. Laid on the Table November 06, 2024. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2024. Became a Local Law with the approval of the Mayor on __________, 2024, after a public hearing on __________, 2024. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Water Authority, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within twenty (20) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. (C) The City Clerk shall keep the complied registry as the Building Registration List. The fee for being placed on the Building Registration List will be twenty dollars ($20). All building owners must recertify by December 31st in order to be kept on the list for the following year. All fees are non-refundable. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 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: Comptrollers Proposed Ordinance No. Submitted to council on: 01/ 28 / 25 Proposed Resolution No. 5 Sent to Council Attorney on: 02 / 28 / 25 Thursday Rule Waiver Required? N Date of Legislation: 02 / 05 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson REVENUE ANTICIPATION NOTE RESOLUTION DATED, FEBRUARY 5th, 2025 A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO 5,000,000 IN REVENUE ANTICIPATION NOTES OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK IN ANTICIPATION OF THE RECEIPT OF CERTAIN REVENUE DUE DURING THE FISCAL YEAR ENDING MARCH 31, 2025. BE IT RESOLVED by the Common Council of the City of Utica, Oneida County, New York (the "City") as follows: Section 1. There are hereby authorized to be issued Revenue Anticipation Notes (the "Notes") of the City in anticipation of the receipt of aid payments from the State of New York, which are due during the City’s fiscal year ending March 31, 2025 (the "Revenue"). Section 2. The amount of such Revenue estimated in the City's 2025 annual budget which is uncollected on the date of this resolution exceeds $5,000,000. Section 3. The maximum amount of Notes authorized to be issued is $5,000,000. Section 4. The Notes shall be of such amount, terms, form and content, and shall be sold in such manner as may be prescribed by the City Comptroller, the chief fiscal officer of the City, consistent with the provisions of this resolution and the Local Finance Law. Section 5. Pursuant to the authority delegated in this resolution, the City Comptroller may issue Notes during the City's 2025 fiscal year in an amount not in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any outstanding revenue anticipation notes previously issued in anticipation of the collection or receipt of the Revenue. Section 6. The period of maturity of the Notes shall not exceed one year. The Notes may be renewed from time to time, but each renewal shall be for a period not exceeding one year and in no event shall the Notes, or the renewals thereof, extend beyond the close of the second fiscal year succeeding the fiscal year in which the Notes are issued. The Notes shall not be renewed in an amount in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any other outstanding revenue anticipation notes issued in anticipation of the collection or receipt of such Revenue. Section 7. The faith and credit of the City shall be and are hereby pledged for the punctual payment of the principal of and interest due on the Note as the same shall become due and payable. Section 8. The Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Notes as required by Securities and Exchange Commission Rule 15c2-12, as amended. 1 Error! Unknown document property name.  Section 9. This resolution shall take effect immediately upon its adoption. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi 2 Error! Unknown document property name.  Submitted to council by: Law Department Proposed Ordinance No. 21 Submitted to council on: 02 / 26 / 25 Proposed Resolution No. Sent to Council Attorney on: 02 / 26 / 25 Thursday Rule Waiver Required? N Date of Legislation: 02 / 26 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING SECTION 2-26-48 REGARDING SEWER RENTS BE IT ORDAINED that Section 2-26-48 of the Code of Ordinances of the City of Utica, fixing the amount of Sewer Rents is hereby amended to read as follows: Monthly Billing Cost per Quarterly Billing (cu.ft.) 100 cu. ft. (cu. ft.) First 1,500 2.339 2.433 4,500 Next 18,500 1.954 2.032 55,500 Next 280,000 1.632 1.697 840,000 Next 1,200,000 1.327 1.380 3,600,000 Over 1 ,500,000 0.898 .934 4,500,000 FURTHER ORDAINED, This Ordinance shall be effective 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi