Common Council Meeting -- 07.17.2024

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council July 17, 2024 Type & Number Title/Description Date Committed 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 PRO. ORD. 9 Public Cannabis Consumption 02/07/2024 PRO. RES. 7 Creating a Revenue Advisory Committee 04/17/2024 PRO. ORD. 14 Rescind and Replace Chapter 2-28 05/15/2024 PRO. RES. 3 School District Tax Collection 07/01/2024  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  Submitted to council by: LAW Proposed Ordinance No. 9 Submitted to council on: 02 / 05 / 24 Proposed Resolution No. Sent to Council Attorney on: 02 / 05 / 24 Thursday Rule Waiver Required? N Date of Legislation: 02 / 7 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE PROHIBITING THE PUBLIC CONSUMPTION OF CANNABIS BE IT ORDAINED, that Article VII, Chapter 2-15, Division I of the Utica Code of Ordinances shall be amended by adding Section 2-15-47, entitled “PUBLIC CANNABIS CONSUMPTION”, to read as follows: Section 2-15-47 Public Cannabis Consumption (a) Legislative Intent. It is the intent of the City, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the City by enacting this section since it is the finding of the Common Council that cannabis use and smoke is disruptive and harmful to non-cannabis users and contributes to the creation of public nuisances, including but not limited to, public intoxication, littering and raucous or other disorderly behavior. (b) Definitions. In this section, the following definitions shall apply: SMOKING The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis as defined in Section 222.00 of the Penal Law, or cannabinoid hemp as defined in the Section 3 of the Cannabis Law. VAPING The use of an electronic cigarette which contains cannabis as defined in the penal law, or cannabinoid hemp as defined in the cannabis law. PUBLIC PLACE Any highway; street, park; sidewalk; cemetery; playground; parking area; school ground, transportation facilities; places of amusement; outdoor patios of restaurants and bars sidewalk cafes, as defined in Section 2-23-213 of the City Code; exterior premises and adjoining property of any building duly licensed to sell marijuana within the building or other public place of any nature within the limits of the City owned property. (c) Prohibition. The use and smoking and/or vaping of cannabis while such person is in or upon any public place as defined in Section 2-15-47(b) is strictly prohibited. (d) Violations. Any person who violates any of the requirements of this section or any regulation promulgated hereunder shall be subject to the fines and/or penalties set forth in the Utica Code of Ordinances, Section 2-1-7. 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 _____/_____/ 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: 04 / 16 / 24 Proposed Resolution No. 7 Sent to Council Attorney on: 04 / 16 / 24 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa CREATING A REVENUE ADVISORY COMMITTEE IN THE CITY OF UTICA BE IT RESOLVED: That the Common Council does hereby initiate an advisory revenue committee. The committee is tasked with defining revenue streams the City already has implemented and explore those to see if we are utilizing them to the best possibility. a) The Advisory Board of the revenue committee shall be composed of 12 members of the City at large on a volunteer basis. Six members of the Board shall be appointed by the Mayor without the consent of the Common Council, and six members shall be appointed by a majority vote of the Common Council. The term of office of each member of the Board shall be for three years and until a successor has taken office; provided, however, that of the first members first appointed by both the Mayor and the Common Council, two shall be for a term of one year, two shall be for a term of two years, and two shall be for a term of three years. b) A majority of the members of the Board may remove a member of the Board, upon due notice, after the unexcused or unreasonable absence of the Board member for three consecutive meetings. The vacancy created by the removal shall be filled by the Common Council if the removed Board member was appointed by the Common Council or shall be filled by the Mayor if the removed Board member was a mayoral appointee. Duties of the Advisory Board. It shall be the duties of the Advisory Board of the revenue committee to: Work with local colleges to recruit students to help advise with the committee. Work with other municipalities to see what revenue streams have worked for them. Work with members of the community and business to explore potential partnerships to increase revenue together. Explore public safety fees for not for profits. They will work with departments for new procurement policies. Come up with ways to generate revenues, anything and everything will be explored. General duties and obligations. It shall be the duty of the revenue advisory commission to: Meet monthly to determine best possible revenues to enhance the city. Give reports to the council on a monthly basis, for an update to where the committee stands and if any new revenue options can be legislated. Provide the common council with feasible legislation in order to create revenue. Submit an annual report to the Mayor and the Common Council. The council in the past has looked at advertising on city owned properties, and will take on that task, everything and anything else will be explored. Here are some guidelines to follow: Understanding municipal revenue streams Before cities can begin to optimize their revenues, they must first compile an inventory of existing revenue streams. In general, cities draw from four types of sources that each include numerous levers Service fees. Municipalities raise revenues by charging for services such as public parking, toll roads, waste management, and building permits, among others. Fines. Cities use fines as both a deterrent for behavior at odds with the public good—for example, the accumulation and nondisposal of garbage or building construction without a temporary fence—and a revenue source. Charges and taxes. Municipalities often levy charges and taxes on property owners as well as on income, sales, and other transactions. These activities, such as hospitality charges and taxes on plastic bottles and bags, carbon from vehicles, and vacant land, do not involve the delivery of services from the government. City assets and investments. Through leases, joint ventures, and joint development agreements, municipalities can generate additional income. Assets can include land monetization (such as land used by telcos for cell towers), appreciating land values, and commercial advertisements in public spaces, public markets, and shopping centers. To increase the flow of revenues from these sources, cities can select from four interventions. Some are widely practiced, while others represent emerging and innovative options for city governments to pursue. Since residents often react negatively to actions that increase the cost of living, efforts to raise revenue through additional fees and taxes can be considered more acceptable when they also have a perceived public benefit. For instance, some cities have implemented a refundable deposit for beverage containers to encourage recycling or sought to enhance public safety by issuing speeding tickets to motorists. 1. Charge more Perhaps the simplest and most straightforward approach across each of the four revenue streams would be to charge more. Municipalities could increase service fees (such as those on parking and construction permits) as well as fines, taxes, and the cost of accessing city assets (such as beaches). To guide price hikes, cities could use benchmarks to determine the acceptable range. This intervention is typically most applicable to service fees—specifically, utility services such as water, sewage, or electricity. As an alternative to benchmarking, cities could also determine the cost of service 2. Increase number of transactions Cities can also raise revenues by increasing the number of transactions through various approaches. This intervention includes expanding the sheer quantity of service offerings and assets, extending charges to a larger user base, or increasing the frequency of surveillance and inspection for selected fine sources to maximize detection of violations. Furthermore, technological advancements can aid increased surveillance. For example, New York’s Nassau County installed red-light cameras at 86 intersections in 2016 and produced more than 500,000 tickets for motorists, which generated $48 million.6 These cameras are controversial, and enhanced efficiency is one reason why many municipalities haven't taken this approach. 3. Improve collections A third lever is optimizing collection and audit processes to increase collection rates and minimize leakage. One strategy that cities have followed is introducing an amnesty program for delinquent parking tickets that waives penalties and additional fines as an incentive for motorists to pay up. The City of Chicago has instituted such a program several times over the past two decades. Each time, the city brought in $7 million to $9 million in revenue.7 Other strategies, such as payment plans, can also reduce leakage and increase collections. (Which Utica has done in the past) 4. Create new revenue streams Finally, cities could introduce new types of service fees, fines, and charges—and in so doing, create new sources of revenue. In general, this intervention represents the horizon for innovation across all revenue streams. For example, cities could institute new charges for the disposal of food waste. These fines would promote environmentally responsible behavior as well as create a viable revenue stream for the city. In 2013, Seoul introduced a volume-based food waste disposal charge that succeeded in reducing its daily food waste significantly.8 Similarly, London has instituted a congestion charge that drivers must pay when traveling within the city center. This charge generates more than $100 million in revenue each year. Optimizing land monetization has the potential to double baseline revenue from income-generating assets. For existing land lease contracts, cities could maximize value through renegotiation or cancellation and retender based on tenant response. When renegotiating existing leases, several levers can be utilized, such as increasing allowable floor-to-area ratio (FAR), collecting penalties for violations, amending contract duration and payment terms, and modifying plot use. Cities could also increase value from unused land plots through monetizing them either as lease contracts or through other more innovative public–private partnership structures, such as joint development agreements or joint ventures Social acceptance. How receptive citizens and businesses are to a given intervention in a revenue stream can have significant impact on the intervention’s long-term viability. Therefore, the following three areas should be examined: Visibility—the significance of the changes and their impact on citizens and businesses. Are changes concentrated within a specific group or area of the city or are they highly visible and applied to the entire population? Potential public benefit—the positive impact of the chosen revenue lever. Does the lever provide clear public benefit while inducing positive behavior? Are these interventions applied fairly to various socioeconomic segments? Price against benchmarks—a comparison of current prices for government services against data from comparable cities that have similar levels of competitiveness. Is the level of fees, fines, or charges higher or lower than the regional average? In addition, the city should refer back to the results of the citizen sentiment survey conducted during the preparatory stage to help inform the assessment of social acceptance. Impact on economy. Of course, feasibility depends in part on the impact of an action on the city and its residents. Areas to be assessed may include the following metrics: GDP—whether the lever impacts the economic sectors and activity in the city. Inflation—whether the lever increases the cost of living for residents. Competitiveness—the city’s position on various competitiveness indexes and how certain factors, such as government services and safety, compare with other urban centers. Ease of implementation. An effective assessment will analyze a given intervention’s technical feasibility and implementation. Cities should consider the following areas: Technical readiness—the familiarity of the municipality with the technical requirements behind the suggested revenue lever and its implementation. Resources requirements—the resources needed to implement the selected lever. Alignment with government agenda—the relevance and fit of the suggested revenue lever when mapped across the government plan. Collectively, these assessments will help cities to produce a prioritized list of levers for implementation. Guiding principles for implementing revenue optimization programs Fix the home. This category involves enhancing internal effectiveness of city teams to generate more revenues without visible impact to the public. In our experience, governments can capture significant value—up to 50 percent of potential additional revenues—by implementing measures linked to effectiveness such as enhancing collections and audit processes or better asset monetization. Cover cost to serve where possible. Governments should ensure that fee levels cover the costs of services being provided in the majority of cases. This applies to administrative services as well as other city services such as utility provision. How to implement the program In our experience, cities that fare the best in their revenue generation efforts create an internal dedicated unit that is responsible for the strategy’s implementation. These cities typically adopt one of two archetypes: an independent revenue monetization department that focuses on commercial aspects and acts as a strategic unit for generating revenues, or a commercial unit integrated into the finance department that is responsible for tracking progress of revenue targets. To establish this dedicated unit, cities could create a cross-functional workforce with representatives from different departments, including finance, planning, property, legislation, and key municipalities. This unit has several responsibilities. As such, it should have a seat on the revenue committee as well as the authority to define roles and responsibilities to track the revenue generated across different municipalities. It should also prepare reports on the performance of various initiatives and their respective owners or entities and update revenues studies based on changing market conditions. In Saudi Arabia, the Ministry of Municipal and Rural Affairs has a control unit that monitors the performance of regions and the regional government authorities that oversee municipalities. We have found that this effort has led to a year-over-year increase in municipal revenues of 30 percent.  To instill a culture of performance, organizations should set targets for net revenues and select key performance indicators (KPIs). For example, revenue KPIs could include the annual increase in revenue per lever, while nonrevenue KPIs could define targets for each lever and its corresponding interventions, such as the annual increase in the number of violations detected. Performance meetings should be scheduled on a weekly basis to track revenue generation and build ownership. These meetings serve as a way to monitor progress and enable proper implementation. The involvement of leadership as well as all relevant departments and municipalities would help to ensure proper implementation across all levels. Most cities have yet to unlock the full potential of their existing revenue sources, let alone tap into new streams. Despite the numerous options available to generate more funding for city operations, elected officials must proceed carefully. Maintaining public support is critical to the longer-term viability of such efforts, and cities must create an attractive business climate. Cities that successfully cultivate a mixture of actions can dramatically improve their fiscal health and improve services for their residents. 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 Aiello Proposed Ordinance No. 14 Submitted to council on: 05 / 15 / 24 Proposed Resolution No. Sent to Council Attorney on: 05 / 15 / 24 Thursday Rule Waiver Required? Date of Legislation: 05 / 15 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ Sponsored By: Councilmember Aiello Ordinance Replacing Chapter 2-28: Tow Rotation List of City of Utica Code of Ordinances BE IT ORDAINED, that the City of Utica Common Council hereby rescinds and replaces Chapter 2-28: Tow Rotation List: of the Code of Ordinances of the City of Utica with the following: ARTICLE I IN GENERAL Sec. 2-28-1 Definition for the Purpose of Towing As used in this chapter, “wrecker”, “tow truck” or “flatbed” means a motor vehicle employed for the purpose of towing, transporting, conveying or removing any passenger motor vehicle which is unable to be operated under its own power for which service a charge or fee is exacted. As used in this chapter, tow rotation list means an established list of towing services to be used on a rotating basis by the bureau of police whenever towing services are required by the bureau of police. Sec. 2-28-2 Intent The intent of this chapter is to regulate tow truck companies operating on the Tow Rotation List of the City of Utica. This chapter serves to protect the public while offering fair tow service rates, working with towing businesses and permitting persons engaged in wrecking or towing businesses. Sec. 2-28-3 Applicability The terms and provisions of this chapter only apply to any wrecker or tow truck companies that are approved to operate on the tow rotation list and are engaged in a tow rotation service call pursuant to the tow rotation list. Any company not on the tow rotation list or engaged in tow not pursuant to a service call by the City of Utica/Utica Police Department, does not fall under the guidelines of this chapter Sec. 2-28-4. Violations and penalties (a) Any person who violates any provision of this chapter shall, upon conviction be subjected to the penalties as provided in Section 2-1-7. (b) After notice and opportunity to be heard, the Chief of Police may suspend or revoke the permit of any person who violates the provisions of this chapter. The Chief may also remove a violator from the tow rotation list. Sec. 2-28-5. Enforcement and transfer of information "ACCIDENT INFORMATION EXCHANGE FORM." (a) This article shall be enforced by the Chief of Police or his designee. (b) See attached accident exchange form Sec. 2-28-6 Composition and powers of the permit commission, Chief of Police and Grievance (a) The membership of the permit commission shall be composed of a Common Council Representative or their designee, the Chief of Fire or his designee and the Commissioner of Code Enforcement or his designee. The Chief of Police or his designee shall serve as a non-voting member and shall exist in an advisory capacity. (b) Any person aggrieved by a decision of the Chief of Police in implementing this article may appeal to the permit commission by delivering a written appeal, stating the reasons therefore, to the City Clerk within thirty (30) days after the occurrence of the event appealed from. May 1, 2024 (c) The Chief of Police shall have the power to: • (1) Examine into the qualifications and fitness of applicants for permits under this chapter. • (2) Keep record of all permits issued, suspended or revoked. • (3) Adopt rules and regulations consistent with the intent of this chapter as may be necessary with respect to the form and content of applicants for permits, receipt of permits, the investigation and examination of applicants and their qualifications and other matters incidental or appropriate to the powers and duties as prescribed by this chapter and for the proper administration and enforcement of the provisions of this chapter. • (4) Investigate any and all complaints made in conjunction with the requirements of this chapter. ARTICLE II PERMIT Sec. 2-28-7 Required; issuance of decal, endorsements (a) No person shall be considered for the tow rotation list without first having obtained a permit. • (b) The city clerk shall issue a decal, after permit is approved, which shall be displayed on the rear window of the wrecker or tow truck in an area not obstructing the driver’s view. Every operator shall receive one (1) sticker, the cost of which shall be included in the price of the permit. Any additional stickers needed will cost five dollars ($5.00) per sticker. Non-refundable. • (c) No person shall operate any wrecker or tow truck or conduct any wrecker or towing service within the city without first obtaining a NYS License Tow truck endorsement “W”. Sec. 2-28-8 Application (a) The application for a permit shall be made to the City Clerk on the prescribed form and shall specify the following information: • (1) The year, make, type, and registration number of the wrecker or tow truck. • (2) The name, address of the applicant and, is a corporation, the name and address of each officer, director and shareholder of the corporation and if a partnership, the name and address of each partner. • (3) The name and address of the owner of the wrecker or tow truck if other than the applicant. • (4) The location of the premises at which the wrecker or tow truck is domiciled or garaged. • (5) The location of the premises to which the vehicles are to be towed, the maximum number of vehicles to be stored at the premises and the name and addresses of any other tow truck operation permitted. • (6) The names and addresses of personal references. • (7) A complete list of all criminal convictions, to include minor traffic violations, of all persons named pursuant to paragraphs (2) and (3) of this subsection.  • (8) Any other information deemed necessary by the bureau of police in order to implement the purpose of this chapter. • (9) False or omitted information on said application shall cause either denial of, or delay in application. (b) All applications shall be forwarded by the City Clerk’s office to the Bureau of Police for review and approval from the Chief of Police. Sec. 2-28-9 Fees; term (a) The fee for tow rotation list applicants shall be one hundred and fifty dollars ($150.00). (b) All permits shall expire December 31st of the pursuant year. (c) All fees are non-refundable. Sec. 2-28-10 Renewal; denial (a) Any permit issued under the provisions of this article may be renewed upon the following: (1) Submission to the city clerk of a renewal application containing the same information as required by section 2-28-8, no later than thirty (30) days before the expiration date of the current permit, December 1st. (2) Payment to the city clerk or renewal fee in the amount required by section 2-28-9. (b) The Chief of Police may deny, within thirty (30) days after submission of all items required by this section, the renewal of any permit if it finds that the applicant no longer demonstrates the ability to comply with the terms of this chapter. Sec. 2-28-11 Transferability Any permit or registration required by this article shall not be transferred to another person or vehicle. Sec. 2-28-12 Suspension or revocation. a) The Chief of Police may deny, within thirty (30) days after submission of all items required in this section, the renewal of any permit if it finds that the applicant no longer demonstrates the ability to comply with the terms of this chapter. b.) In addition to any penalties which may be imposed for the violation of this chapter, the Chief of Police, may suspend or revoke any permit granted, under the provisions of this article, after written notice and opportunity for a hearing, for any of the following reasons: • (1) Fraud or willful and knowing misrepresentation or false statements made in an application of permit. • (2) Failure to comply with all provisions of this chapter. • (3) Violation of any law or regulation of the state including, but not limited to, violations of the motor vehicle laws and regulations. • (4) Violation of any city regulations or ordinances including this chapter. • (5) Violation of the two-hundred-foot rule pursuant to section 2-28-33. ARTICLE III OPERATIONAL RULES Sec. 2-28-13 Equipment Each wrecker/tow truck shall be equipped with flashing or revolving amber lights on the truck, fully charged all- purpose fire extinguisher, one (1) dozen red flares, safety chains, rigid tow-bar, broom, pry-bar, shovel, lifting boom on rear and not less than a one-and-half-ton power winch equipped with one hundred fifty (150) feet of three-eighths- inch steel cable. Sec. 2-28-14 Towing of vehicle without consent of owner Every person operating under the provisions of this chapter shall, immediately upon removal or towing of any vehicle without the express consent of the owner or driver of the vehicle, notify the bureau of police in person of the year, make, model and license or vehicle identification number of the towed vehicle. The location from which the vehicle is removed and the location where the vehicle will be located must also be given. Sec. 2-28-15 Towing from private property No person operating under the provision of this chapter shall tow a vehicle from private property except at the express written request of the owner or lessee of the property or at the express written request of the owner of the vehicle and the owner or lessee of the property. The operator must notify the bureau of police in person immediately upon removal and include the same information required in section 2-28-15, if written consent of the owner of the vehicle has not been notified. ARTICLE IV TOW ROTATION LIST Sec. 2-28-16 Establishment • (a) The Chief of Police must establish a list of towing services to be used on a rotating basis by the bureau of police whenever towing services are required by the bureau of police. The list shall be known as the tow rotation list and the requirements for participation in the list shall be established in this article. • (b) Authority to impound vehicle. When any vehicle is parked or abandoned on any highway in the city during a snowstorm, flood, fire, or other public emergency which affects that portion of the highway upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on a highway in this city where said vehicle constitutes an obstruction to traffic, or when any vehicle is abandoned on any highway in this city where stopping, standing or parking is prohibited, or any situation caused by said vehicle that may be deemed hazardous or any emergency by the police, said vehicle may be removed by or under the direction of any police officer of this city. Sec. 2-28-17 Permitting of towing service (a) A towing service placed on the tow rotation list shall be permitted according to the requirements of this article and shall be in conformity with all provisions of this article. (b) The permit application form shall have a place where the applicant can indicate the desire to also be placed on the tow rotation list-away rotation list. Sec. 2-28-18 Tow truck operator’s permit. Required. All employed drivers of a towing vehicle placed on the tow rotation list must obtain a tow truck operator’s license. (1) Possession of a valid New York State driver’s license with a NYS Tow Truck endorsement “W”. Sec. 2-28-19 Inspections, equipment required and identification of wrecker/tow truck • (a) Each wrecker/tow truck applying for the tow rotation list away rotation list shall be equipped with the following required equipment: Flashing or revolving amber lights on the truck; fully charged all-purpose fire extinguisher; one (1) dozen red flares; a set of dolly wheels or flatbed; safety chains; rigid tow bar; lifting boom on rear; not less than one-and-one half ton power winch equipped with one hundred fifty (150) feet of three- eighths inch steel cable; broom; pry bar and shovel. An operator shall permit inspection by the Utica Police Department to verify that it has the required equipment. • (b) The company name must be affixed on each side of the wrecker/tow truck. All lettering setting forth the company name, address and phone number shall be at least three (3) inches in height and in a contrasting color. Sec. 2-28-20 Certificates of insurance Each applicant for the tow rotation list shall submit a certificate of a current garage liability insurance policy and current automobile liability insurance policy issued by an insurance company authorized to do business in the state. Policy limits must include not less than one million (1,000,000.00) for the injury or death fifty thousand dollars (50,000.00) for the property damage or a combined single limit of five hundred thousand (500,000.00) Sec. 2-28-21 Indemnification Each towing service operator on the tow rotation list shall agree to defend indemnify and hold harmless the City from any claims or liabilities which may occur as a result of performing service at the request of the Bureau of Police. Sec. 2-28-22 Rates and charges The towing service operator on the tow rotation list and responding to a City of Utica towing request, upon completion of a tow, shall levy tow charges against the rightful owner of the vehicle. No fee may be levied for response not resulting in a removal of the vehicle. Tow facility must be able to accept credit cards, checks and cash for payment of services. The cost of the removal or towing shall be the responsibility of the vehicle owner or operator and shall not exceed the rates established by this chapter. Sec. 2-28-23 Removal from list • (a) If, at any time, the towing service fails to maintain the requirements of this chapter or violates any provision of this article, the towing service may be removed from the rotation list by the order of the Chief of Police. The Chief of Police or his designee has forty-eight (48) hours to notify the City Clerk’s office if the towing service is ordered removed from the rotation list. The towing service will also be notified by the Chief of Police or his designee of their right to appeal that decision to the Licensing Commission within thirty (30) days after the date of that decision. • (b) If any towing service arrives at the scene without all of the equipment required in section 2-28-20, it shall be grounds for immediate removal from the rotation list. Sec. 2-28-24 Number of towing services on a list; filling vacancies There shall be no more than fifteen (15) towing services participating on the tow rotation list at any one (1) time. Vacancies on the list shall be filled on a first come, first served basis from an established waiting list. Sec. 2-28-25 Availability; response to calls; Acceptance or rejection of calls • (a) The towing service on the tow rotation list must be available for assignment on the twenty-four-hour basis, seven (7) days a week, three hundred sixty-five (365) days a year. • (b) The towing service must be able to respond to any call for service in the city area within twenty-five (25) minutes of receiving the all from the Bureau of Police. The towing service must have a phone number on file with the Bureau of Police where the towing service can be reached at all times. There can be no more than two (2) numbers per towing service on file at any given time. Failure to answer all numbers listed for that towing service when called by the Bureau of Police for a rotation call will be considered as a rejection. • (c) Upon request for the rotation tow service, the service next on the rotation must be the service to respond. The Bureau of Police must be informed of any acceptance by the towing service on the tow rotation list-away rotation list at the time the service is first called. The service called can accept or choose to be skipped; it cannot designate its replacement. In the event the tow service on the rotation cannot respond to the call, then the tow service next on the list shall be called to respond, and so forth, until a tow service does respond to the call. If any tow service rejects more than three (3) calls within a six (6) month period for any reason, it will be suspended from the rotation list for a period of one (1) month. Rejection of five (5) calls within a six (6) month period shall result in suspension from the rotation list for a six (6) month period. If there are more than six refusals in a six- month period, the operator will be subject to review by the permitting commission whether to permanently drop them from the rotation list. (d) A tow operator may respond for another tow service, as long as the responding operator is on the tow rotation list approved by the Chief of Police. The vehicle must be towed to the original tow facility. The Chief of Police will use his discretion for abuse of this section. Sec. 2-28-26 Log books • (a) All towing service operators on the tow rotation list will keep a log book in which will be listed, the time the call was dispatched from the bureau of police, the date and time the vehicle was picked up, the location from where the vehicle was towed, the make, the model and color of the vehicle and the permit or vehicle and the permit or vehicle identification number. This log book will be subject to inspection by any police officer.  • (b) The bureau of police must also keep a list on all calls made from the tow rotation list. The police officer at the scene of the accident will notify the police dispatcher of the exact time the towing service arrived on the scene, and this information will be part of the log entry, as well as the information contained in subsection (a) of this section. The police list is also open to inspection by the interested towing service. Sec. 2-28-27 Removal of vehicle to certain location Any motor vehicle picked up in the city be a towing service on the tow rotation list must be removed to a location designated by the owner, person in charge of the motor vehicle or police officer. When the owner, person in charge of the motor vehicle or police officer does not designate a place to which the motor vehicle is to be towed, the motor vehicle shall be towed to the depot, body shop or garage designated in the operators application. Sec. 2-28-28 Storage of automobiles (a) Storage area requirements. All towing services on the tow rotation list must provide a secure storage area with space for a minimum of ten (10) automobiles at any one (1) time. If the storage area is outside, it must be surrounded by a six- foot-high, industrial type fence. All premises will be inspected by the department of codes enforcement and reports issued to the Chief of Police. Sec. 2-28-29 Remaining first on the list of services not needed; refusal to tow vehicle • (a) If the towing service on the tow rotation list has accepted a dispatched call and towing is not required, that towing service will remain the first to be called for the next rotation call. • (b) It shall be a violation of this section for any operator on the rotation list to refuse to tow a motor vehicle after having appeared on the scene at the request of the bureau of police, provided that the wrecker or tow truck equipment is capable of towing the vehicle. The tow service will not be placed back on the tow rotation list. Sec. 2-28-30 Towing service cards A business card containing the business name and phone number in addition to the maximum rates will be given to the vehicle owner or operator at the scene of the accident by the towing service on the tow rotation list-away rotation list. Sec. 2-28-31 Responsibility for cleaning area The tow truck operator for the towing service on the tow rotation list will be responsible for cleaning the area of any debris resulting from the towed vehicle. The department of public works is not responsible for cleaning the area. Any tow operator who refuses to clean the area may be immediately removed from the rotation list. Sec. 2-28-32 Soliciting business; maintaining distance from accident It shall be a violation of this section for any person to have any agent, servant or employee engaged in a towing or wrecking service to solicit business within two hundred (200) feet of the scene of any accident. The bureau of police has full authority to enforce this section. Violation of this section will result in revocation of the violator’s permit and any other penalty deemed appropriate. Sec. 2-28-33 Use of other wrecker or tow truck Nothing in this article shall be construed to prohibit any owner or operator of a motor vehicle from calling any tow truck or wrecker of the owner’s or operator’s choice. Sec. 2-28-34 Notice and hearing Nothing in this article shall be construed to prevent any person notice and opportunity to be heard.  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: 06 / 28 / 24 Proposed Resolution No. 3 Sent to Council Attorney on: 06 / 28 / 24 Thursday Rule Waiver Required? N Date of Legislation: 07 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT FOR TAX COLLECTION SERVICES AND RELEASE WHEREAS, the City of Utica’s Comptroller’s office historically has collected the Utica City School Districts Taxes, and WHEREAS, the City of Utica and Utica City School District have agreed to continue the collection of School Taxes by the City of Utica on behalf of the Utica City School District, and WHEREAS, the parties agree that this Intermunicipal Agreement is in the best interest of both the City of Utica and the Utica City School District to accomplish these objectives, and BE IT RESOLVED, that the Intermunicipal Agreement by and between the City of Utica and the Utica City School District, in substantially the same form as attached hereto, is hereby approved, and FURTHER RESOLVED, the Mayor is authorized to execute the Intermunicipal Agreement and any other documents necessary to effectuate this Resolution 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