Common Council Meeting -- 05.19.2021

LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council May 19, 2021 ORD. 1 Amend Fees for City Bandshell RES. 2 Commissioner of Deeds (Renewals) ORD. 3 $11.570 million Bond for Various Capital Projects ORD. 4 Prohibiting ATVs RES. 5 GMVLB Appointment  Submitted to council by: Law Dept. Proposed Ordinance No. 1 Submitted to council on: 05 / 06 / 21 Proposed Resolution No. Sent to Council Attorney on: 05 / 06 / 21 Thursday Rule Waiver Required? N Date of Legislation: 05 / 19 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson ORDINANCE AMENDING FEES AND CHARGES FOR USE OF CITY BANDSHELL WHEREAS, the City of Utica owns a portable bandshell, and WHEREAS, the City makes the bandstand available to local municipalities and other organizations for a charge, and WHEREAS, where the bandshell is delivered to a location outside the City of Utica, the costs to the City for delivery and pickup exceeds the amount received on the charge, NOW, THEREFORE, BE IT ORDAINED, § 2-18-31 Subdivision (1) e, of the Code of Ordinances of the City of Utica is hereby amended to read as follows: 1. The cost for using the bandshell shall be as follows: [a] If delivery is inside city limits, $200.00 for the first day, plus $75.00 for each additional day or part thereof. [b] If the bandshell is delivered outside the City limits, then the recipient, in lieu of the above fee, shall reimburse the City the cost incurred by the City in the delivery and return of the bandshell. The cost shall be determined by the Commissioner of Public Works. The Commissioner of Public Works shall prepare a schedule of the standard costs to be charged based on mileage, personnel and related costs, and file same with the City Clerk. These costs may be adjusted by the Commissioner from time to time to reflect changes in costs and unusual circumstances. 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: 05 / 10 / 21 Proposed Resolution No. 2 Sent to Council Attorney on: 05 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 05 / 19 / 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 May 19, 2021 and ending December 31, 2022: Dennis B. Bova 471 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: Comptroller Proposed Ordinance No. 3 Submitted to council on: 05 / 12 / 21 Proposed Resolution No. Sent to Council Attorney on: 05 / 12 / 21 Thursday Rule Waiver Required? N Date of Legislation: 05 / 19 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $11,570,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF VARIOUS CAPITAL PROJECTS WHEREAS, all conditions precedent to the financing of the various capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such various capital projects; NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the “City”) is hereby authorized to undertake the various capital projects described below at an aggregate estimated maximum cost of $11,570,000. The estimated maximum cost and period of probable usefulness of each class of objects or purposes, or specific objects or purposes, is as follows: Local Finance Maximum Period of Law §11(a) Class of Objects or Purposes/Specific Objects or Purposes Estimated Cost Probable Paragraph Usefulness Dept. of Public Works: One Truck with Plow/Salter/6 Wheel $ 280,000 15 years 28 One Truck with Plow/Briner/10 Wheel 250,000 15 years 28 Fire Department: Building Reconstruction (Various Buildings) 1,650,000 25 years 12(a)(1) HVAC Replacement Station No. 2 300,000 15 years 13 Engineering: Traffic Signals 100,000 20 years 72(a) Electric Subway System – Bleecker Street 285,000 15 years 35 Box Culvert – Bleecker Street 300,000 40 years 4 Two Trucks with Plows 50,000 10 years 28 Police Department: Building Reconstruction 2,000,000 15 years 12(a)(2) Seven Police Utility Interceptors 350,000 3 years 77 Parks Department: F250 4x4 Pickup Truck Ext Cab 45,000 15 years 28 Front End Loader 100,000 15 years 28 Facilities: Reconstruct Kennedy Parking Garage 2,000,000 15 years 35 Reconstruct Washington Parking Garage 2,000,000 15 years 35 Reconstruct Utica Place Parking Garage 500,000 15 years 35 DPW Building Reconstruction 350,000 25 years 12(a)(1) City Hall Air Handler 485,000 15 years 13 City Hall Roof 525,000 25 years 12(a)(1) TOTAL $ 11,570,000 Each of the foregoing specific objects or purposes include original equipment, machinery, furnishings, apparatus and incidental improvements and expenses in connection therewith. Section 2. It is hereby determined that the aggregate maximum estimated cost of the aforesaid specific objects or purposes to be financed by the City is $11,570,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $11,570,000 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance Law. Section 3. Any federal or New York State grant funds obtained by the City for the capital purposes described in Section 1 of this resolution shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to the extent obligations shall not have been issued under this resolution, to reduce the maximum amount to be borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby authorized to determine the allocation of any such federal or New York State grant funds for any one or more of the foregoing purposes. Section 4. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional 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 the Bonds, and any bond anticipation notes issued in anticipation of the 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 bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 7. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 8. This Ordinance shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 9. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 10. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the 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 this 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 11. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 12. This Ordinance is not subject to a mandatory or permissive referendum. Section 13. The Common Council hereby determines that each of the objects or purposes authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York State Environmental Quality Review Act (the “SEQR Act”) and the regulations adopted pursuant thereto by the New York State Department of Environmental Conservation (the “Regulations”), and no further environmental review is required under the SEQRA Act and Regulations. Section 14. This Ordinance, which takes effect immediately, shall be published in full or summary form in The Observer- Dispatch, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 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: Law Dept. Proposed Ordinance No. 4 Submitted to council on: 05 / 13 / 21 Proposed Resolution No. Sent to Council Attorney on: 05 / 13 / 21 Thursday Rule Waiver Required? N Date of Legislation: 05 / 19 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Friend, Meola, Betrus, LoMedico, DiBrango ORDINANCE PROHBITING USE OF ATVS AND OTHER OFF-ROAD VEHICLES BY AMENDING CHAPTER 1-16: MOTOR VEHICLES AND TRAFFIC WITH THE ADDITION OF ARTICLE III SECTION 1-16-3 THROUGH 1-16-3.7 OF THE UTICA CITY CODE WHEREAS, the City of Utica recognizes the operation of illegal, unregistered dirt bikes, ATVs, and other non-street legal vehicles on the streets and in the parks of Utica, and seeks to eradicate this dangerous behavior, and WHEREAS, this ordinance shall amend Chapter 1-16 MOTOR VEHICLES AND TRAFFIC by adding ARTICLE III Prohibition of ATVs and Other Off-road Vehicles, Sections 1-16-3 through 1-16-3.7 to the Utica City Code of Ordinances, NOW, THEREFORE, BE IT ORDAINED, that the City of Utica hereby amends Chapter 1-16 to read as follows: ARTICLE III Prohibition of ATVs and Other Off-road Vehicles Sec. 1-16-3. Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-ROAD VEHICLES – All-terrain vehicles (sometimes known as ATVs) as that term is defined in Section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in Section 125- A of the New State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts, mini bikes, golf carts, and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off-highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles. OPERATE – To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY – Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. Sec. 1-16-3.1 Restrictions. (a) Public property: No person shall operate an off-road vehicle on a public highway or on any public property in the City of Utica, including but not limited to sidewalks and in city parks. (b) Private property: No person shall operate an off-road vehicle off a public highway onto private property in the City of Utica unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Utica lacks consent to operate the off- road vehicle on private property. Sec. 1-16-3.2 Penalties for offenses; impoundment and redemption. (a) Any person who operates an off-road vehicle in violation of this chapter shall be guilty of an offense punishable by a fine not to exceed $500.00 or imprisonment not to exceed 15 days, or both.  (b) In addition to the penalties set forth in subsection (a) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 1-16-3.1 (a) or (b) of this chapter. The pertinent police department or enforcement agency shall store such impounded off-road vehicles pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Utica, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,500.00. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. Sec. 1-16-3.3 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. Sec. 1-16-3.4 Severability. If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph, or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. Sec. 1-16-3.5 Unclaimed vehicles; public auction. Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicles may be: (a) Sold under the direction of the Purchasing Agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the newspaper of the City of Utica; (b) Sold for scrap; or (c) Destroyed. Sec. 1-16-3.6 Redeeming of vehicles. The owner of such vehicles or their agent may, within 60 days from the date of impounding, redeem the vehicle by reimbursing the City of Utica the cost of towing for towing or hauling and storage charges not exceeding $45 per day for each day impounded. Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping, or standing violations. Sec. 1-16-3.7 This Ordinance shall take effect upon final passage by the City of Utica 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  Submitted to council by: Proposed Ordinance No. Submitted to council on: 05 / 19 / 21 Proposed Resolution No. 5 Sent to Council Attorney on: 05 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 05 / 19 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson RESOLUTION TO FILL VACANCY OF GREATER MOHAWK VALLEY LAND BANK APPOINTMENT WHEREAS, municipalities throughout New York and the United States are working with Land Banks to redevelop vacant, abandoned, or tax delinquent properties that have a negative effect on their communities; and WHEREAS, in July 2011 in recognition of the growing problem of distressed, vacant, abandoned, and tax- delinquent properties, New York State passed the Land Bank Act, as Article 16 of the New York State Not-for- Profit Corporation Law, which authorizes any Foreclosing Governmental Unit (FGU) to create a land bank to strategically acquire, improve, assemble, and sell these properties; and WHEREAS, the Greater Mohawk Valley Land Bank (GMVLB)'s mission is to strengthen communities across the Mohawk Valley by helping to return neglected and abandoned buildings to productive use; and WHEREAS, under this law, the City of Utica participates in the GMVLB Corporation per Resolution No. 2 of October 5, 2016; and WHEREAS, the City of Utica is a participating municipality within the GMVLB through December 31st, 2022; now, BE IT RESOLVED, that the City of Utica Common Council appoints City of Utica resident Celeste Friend to the GMVLB for a term of 2 years, or until such a time that a vacancy occurs. 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