Common Council Meeting 07.19.2023

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council July 19th 2023 Type & Number Title/Description Date Committed PRO. RES. 24 Designation of Official Newspaper 03/15/2023 PRO. ORD. 3 Bond Ordinance 06/07/2023 PRO. RES. 3 Tree Advisory Board Nomination 06/21/2023 PRO. RES. 4 Tree Advisory Board Nomination 06/21/2023 PRO. ORD. 5 E & A Transfer 06/21/2023 PRO. ORD. 6 Intersections Where Stop Required 06/21/2023 PRO. RES. 7 Tree Advisory Board Nomination 06/21/2023 PRO. RES. 8 Tree Advisory Board Nomination 06/21/2023 PRO. ORD. 1 Amending Traffic Schedule 07/17/2023  Submitted to council by: Councilmember Aiello Proposed Ordinance No. Submitted to council on: 03 / 15 / 23 Proposed Resolution No. 24 Sent to Council Attorney on: 03 / 15 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 03 / 15 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello RESCIND AND REPLACE DESIGNATION OF OFFICIAL NEWSPAPER 2022 – 2023 BE IT RESOLVED, that the Common Council of the City of Utica, New York does hereby rescind and replace the following: RESCIND: that Observer-Dispatch be, and is hereby designated as, the official newspaper in and for the City of Utica, New York for the ensuing two years. REPLACE: that Daily Sentinel be, and is hereby designated as, the official newspaper in and for the City of Utica, New York for the term ending December 31st 2023. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Comptroller’s Office Proposed Ordinance No. 3 Submitted to council on: 05 / 24 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 24 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 07 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson BOND ORDINANCE DATED JUNE 7, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF THE PURCHASE OF COMPUTER EQUIPMENT. WHEREAS, all conditions precedent to the financing of the capital project 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 capital project; 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 purchase and installation of computer equipment, including firewalls, routers and network switches, at an estimated maximum cost not to exceed $250,000; Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $250,000, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of the issuance of $250,000 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. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is five (5) years pursuant to Paragraph 32 of Section 11.0(a) of the Local Finance Law. Section 4. Any federal or New York State grant funds received 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 of the City, 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 11. 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 12. 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 13. This Ordinance is not subject to a mandatory or permissive referendum. Section 14. The Common Council hereby determines that the specific 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 15. 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 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Mayor’s Office Proposed Ordinance No. Submitted to council on: 06 / 13 / 23 Proposed Resolution No. 3 Sent to Council Attorney on: 06 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been nominated by the Mayor for confirmation by the Common Council to the Tree Advisory Board: Gina Pearce 8855 Tibbitts Road New Hartford, NY 13413 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Mayor’s Office Proposed Ordinance No. Submitted to council on: 06 / 13 / 23 Proposed Resolution No. 4 Sent to Council Attorney on: 06 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been nominated by the Mayor for confirmation by the Common Council to the Tree Advisory Board: Robert DeSanctis 2622 Edgewood Road Utica, NY 13501 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Board of E&A Proposed Ordinance No. 5 Submitted to council on: 06 / 21 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson E & A Transfer 2023-2024 Fiscal Year BE IT ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: AC57522-471 ARPA - Brownfield Remediation $ 900,000 AC54050-471 ARPA - City Covid Healthcare & Protection $ 500,000 AC56326-471 ARPA - Reimbursement for Hiring $ 250,000 AC51265-444 ARPA - Legal/Accounting Fees $ 25,000 AC57144-471 ARPA - Skatepark $ 400,000 To: AC57142-471 ARPA - Proctor Park Dog Park Construction $ 270,000 AC57146-471 ARPA - Proctor Park Pavillion (Includes Parking Lot) $ 300,000 AC57141-471 ARPA - Splash Pad & Water Slides $ 750,000 AC58020-471 ARPA - Citywide Housing Needs Assessment $ 5,700 AC58042-471 ARPA - City Parks - ADA Compliance $ 200,000 AC58510-471 ARPA - Court/Whitesboro Street Traffic Light $ 165,000 AC57123-471 ARPA - Liberty Bell Park $ 125,000 AC57149-471 ARPA - Park Improvements - Various $ 100,000 AC57147-471 ARPA - Hirt Playground $ 79,300 AC57148-471 ARPA - Seymour Park $ 80,000 Reason: To re-allocate ARPA funding. BE IT FURTHER ORDAINED, that AC57145-471 “Harbor Point Soccer Field” was the original title of the account. The title was meant to be “Harbor Point”. The funds allocated were always meant to include the waterfront promenade and was an administrative error in communication between the UED Commissioner and Budget Director 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. 6 Submitted to council on: 06 / 20 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 20 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: Allen Street and Culver Avenue, Southwest Corner of Allen Street Allen Street and Ontario Street, Northeast and Southwest Corners of Allen Street Copperfield Street and Culver Avenue, Southwest Corner of Copperfield Street Copperfield Street and Tilden Avenue, Northeast Corner of Copperfield Street Crouse Street and Culver Avenue, Southwest Corner of Crouse Street Gardner Street and Culver Avenue, Southwest Corner of Gardner Street Gardner Street and Tilden Avenue, Northeast Corner of Gardner Street Girard Street and Culver Avenue, Southwest Corner of Girard Street Girard Street and Tilden Avenue, Northeast Corner of Girard Street Guelich Street and Tilden Avenue, Southeast Corner of Guelich Street Redfield Street and Culver Avenue, Northwest Corner of Redfield Street Rutger Street and Ontario Street, Southeast and Northwest Corners of Rutger Street South Street and Culver Avenue, Southwest Corner of South Street Tilden Avenue and Mummery Street, Southwest Corner of Tilden Avenue Ward Street and Culver Avenue, Northwest Corner of Ward Street (Added 06/21/2023) BE IT FURTHER ORDAINED, that the proper signage is already in place. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 06 / 21 / 23 Proposed Resolution No. 7 Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been appointment by the Common Council to the Tree Advisory Board: Tyson Kreiger 8 Carlile Avenue Utica, NY 13501 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 06 / 21 / 23 Proposed Resolution No. 8 Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been appointment by the Common Council to the Tree Advisory Board: Gaby Sorto 940 Saratoga Street Utica, NY 13502 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Betrus Proposed Ordinance No. 1 Submitted to council on: 07 / 11 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 11 / 23 Thursday Rule Waiver Required? Date of Legislation: 07 / 17 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus, Colosimo-Testa, Williamson Ordinance Amending Traffic Schedule WHEREAS, it is the intent of the Common Council to pass legislation amending the number of lanes on Genesee Street to be consistent with the traffic pattern as it was prior to the enactment of the 90-day complete street policy. BE IT ORDAINED, by the Common Council for the City of Utica, that Section 2-16-385 of the Utica Code of Ordinances shall be amended to include: Genesee Street, from Oriskany Street to Cottage Place increased from 1 lane to 2 lanes of traffic in each direction, going North and South. FUTHER ORDAINED, that the proper pavement markings be placed where necessary and this will go in effect immediately after. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime