Common Council Meeting -- 05.21.2025

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council May 21st, 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. ORD. 5 Public Safety Fee 04/02/2025 PRO. ORD. 4 Sebilj 04/16/2025  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: Councilmember Betrus Proposed Ordinance No. 5 Submitted to council on: 03 / 26 / 25 Proposed Resolution No. Sent to Council Attorney on: 03 / 26 / 25 Thursday Rule Waiver Required? N Date of Legislation: / / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus ORDINANCE AMENDING SECTION 2-2-169 PUBLIC SAFETY FEE WHEREAS, The City of Utica relies on three major sources of funding to provide services to its residents; Sales tax, AIM funding and property tax. Sales tax and AIM funding have been unable to provide for the increase in costs year over year resulting in a greater burden on the tax payer in the form of an increasing property tax levy, and WHEREAS, Prior to completing the FY 2025-2026 Annual Estimate, the Common Council for the City of Utica accepted the challenge of finding a fair and equitable way of generating revenue, regardless of tax status, and WHEREAS, All properties within the City of Utica, including tax-exempt ones, utilize public safety services on a daily basis. While these services account for 65% of the City’s annual budget, the cost of providing this service is not shared by all property owners, and WHEREAS, By implementing a Public Safety Fee, all properties in the City of Utica, regardless of tax status, would share in the cost of public safety thus reducing reliance on the exhausted source that is property tax, now BE IT ORDAINED, that Section 2-2-169 of the Code of Ordinances is hereby amended to include the following: Section 2-2-169 –Public Safety Fee: The following schedule of fees shall apply to all property owners. Owners who currently pay property tax are eligible for a credit in the amount of the fees set forth below: (1) $3 per month, per structure Public Safety Fee; (2) An additional $1.50 per story for structures over three stories in height FURTHER ORDAINED, that this Ordinance shall take effect 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  Submitted to council by: Law Department Proposed Ordinance No. 4 Submitted to council on: 04 / 16 / 25 Proposed Resolution No. Sent to Council Attorney on: 04 / 16 / 25 Thursday Rule Waiver Required? N Date of Legislation: 04 / 16 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AUTHORIZING THE CONSTRUCTION AND PLACEMENT OF A SEBILJ STATUE WHEREAS, the Bosnian-American Community Association (BACA) of Utica, New York is seeking authority for the construction of a statue known as a “SEBILJ” on City property; and WHEREAS, the Common Council of the City of Utica previously granted the permission for construction of the “SEBILJ” on February 1, 2023; and WHEREAS, the BACA of Utica, New York in conjunction with the Engineering Department has finalized the proposed location and design for the “SEBILJ” and submitted a site plan for review and approval; and WHEREAS, the City of Utica is the owner of certain real property on Memorial Parkway and the proposed location (see attached site plan); WHEREAS, the project requires site plan approval by the Planning Board and the proposed site plan was referred to the planning board on April 16, 2025 for a site plan approval and SEQR and a report thereon; and WHEREAS, the Planning Board approved the site plan on ____________________; and BE IT ORDAINED, that the Common Council of the City of Utica does herby approve the request by the Bosnian-American Community Association (BACA) of Utica, New York to construct and build the above described statue known as “Sebilj” as approved by the Planning Board (see attached), and BE IT FURTHER ORDAINED, that all the expenses associated with the design and construction of the statue, as well as the cost of designing the site and perpetual care thereof, shall be borne by the Bosnian- American Community Association (BACA) and shall not involve the expenditures on the part of the City of Utica, and  BE IT FURTHER ORDAINED, that the construction of the “Sebilj” is approved upon the BACA Bosnian-American Community Association agreeing to defend, indemnify and save harmless the City of Utica from any claim or liability arising out of the construction of this project, and shall provide, either directly or through its contractors, public liability insurance in the amount of not less than $1,000,000, for bodily injury or property damage combined, which insurance shall name the City of Utica as an additional insured and the BACA Bosnian-American Community Association shall, prior to the beginning of construction, deliver a certificate of insurance showing said insurance to be in full force and effect to the Corporation Counsel, and BE IT FURTHER ORDAINED, that upon completion the Common Council accepts the Sebilj as a gift to the City of Utica, New York. 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