Common Council Meeting -- 12.01.2021

LEGISLATION FROM U.R.A. RE: SALE OF PROPERTIES City of Utica Common Council December 1, 2021 RES. 1 Calling for a PH on Sale of 126 Eagle Street to Jose Raimer de la Cruz Hernandez for $5,000.00. ORD. 2 Sale of 126 Eagle Street to Jose Raimer de la Cruz Hernandez for $5,000.00. RES. 3 Calling for a PH on Sale of 1007 Stark Street to Priscila Alverez Armijos for $25,000.00. ORD. 4 Sale of 1007 Stark Street to Priscila Alverez Armijos for $25,000.00.  Submitted to council by: URA Proposed Ordinance No. Submitted to council on: 11 / 19 / 21 Proposed Resolution No. 1 Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody CALLING FOR A PUBLIC HEARING ON THE SALE OF 126 EAGLE STREET WHEREAS, the Utica Urban Renewal Agency is the owner of 126 Eagle Street; and WHEREAS, the Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 126 Eagle Street has been received by the Utica Urban Renewal Agency from Jose Raimer de la Cruz Hernandez; and WHEREAS, the developer plans to renovate for primary/income property; and WHEREAS, the purchase price for this property is $5,000.00; and WHEREAS, the Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer-Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED, that the Utica Common Council will conduct a public hearing on Wednesday, December 15, 2021 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 126 Eagle Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 2 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody ORDINANCE APPROVING THE DESIGNATION OF JOSE RAIMER DE LA CRUZ HERNANDEZ AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 126 EAGLE STREET WHEREAS, the Utica Urban Renewal Agency has acquired 126 Eagle Street; 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 Jose Raimer de la Cruz Hernandez; and the developer proposes to purchase 126 Eagle Street to renovate for primary/income property; and the purchase will require the payment of $5,000.00; 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, December 15, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $5,000.00; and BE IT FURTHER 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 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. Submitted to council on: 11 / 19 / 21 Proposed Resolution No. 3 Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster CALLING FOR A PUBLIC HEARING ON THE SALE OF 1007 STARK STREET WHEREAS, the Utica Urban Renewal Agency is the owner of 1007 Stark Street; and WHEREAS, the Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 1007 Stark Street has been received by the Utica Urban Renewal Agency from Priscila Alverez Armijos; and WHEREAS, the developer plans to renovate for primary residence for her and her family; and WHEREAS, the purchase price for this property is $25,000.00; and WHEREAS, the Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer-Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED, that the Utica Common Council will conduct a public hearing on Wednesday, December 15, 2021 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1007 Stark Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 4 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster ORDINANCE APPROVING THE DESIGNATION OF PRISCILA ALVEREZ ARMIJOS AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 1007 STARK STREET WHEREAS, the Utica Urban Renewal Agency has acquired 1007 Stark Street; 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 Priscila Alverez Armijos; and the developer proposes to purchase 1007 Stark Street to renovate for primary residence for her and her family; and the purchase will require the payment of $25,000.00; 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, December 15, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $25,000.00; and BE IT FURTHER 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 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council December 1, 2021 ORD. 5 Transfer of Funds (Engineering 811) ORD. 6 Transfer of Funds (Parks – Seasonal Employment) ORD. 7 Transfer of Funds (Reserve Funds) ORD. 8 Parks Hours of Operation ORD. 9 Establish Reserve Fund Re: Paving ORD. 10 Establish Reserve Fund Re: Building Alterations INTRO L.L. Establish Sustainable Energy Loan Program # 3 OF 2021 ORD. 11 Repeal Zoning Ordinance; Article XI  Submitted to council by: Board of E & A Proposed Ordinance No. 5 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson TRANSFER OF FUNDS 2021-2022 FISCAL YEAR RE: ENGINEERING (CONTRACTUAL, 811) WHEREAS, Local Law No. 2 of 2007 requires, among other things, that each transfer and appropriation from one account exceeding $15,000.00 within a budgetary year shall be set forth specifically in an ordinance and shall not become effective unless said appropriation and transfer is approved by a majority of all Councilmembers, and WHEREAS, the Board of Estimate and Apportionment did approve the particular transfer hereinafter more particularly described on November 19, 2021. NOW, THEREFORE, BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A55650-102 Off-Street Parking - Wages $ 70,000.00 To: A51440-411 Engineering - Contractual 811 $ 70,000.00 Explanation for Transfer: To adjust for unexpected 811 Dig Safely Services. A55650-102 Original Budget: $ 142,306.00 Revised Budget with Transfer $ 72,306.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 20,156.48 Balance before Transfer: $ 122,149.52 Percent Used (Original Budget): 14.16% Percent Used (Revised Budget): 27.88% A51440-411 Original Budget: $ - Revised Budget with Transfer $ 195,000.00 Transfers in: $ 125,000.00 Transfers out: $ - Expended & Encumbered: $ 106,902.00 Balance before Transfer: $ (18,446.34) Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 54.82% MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Board of E & A Proposed Ordinance No. 6 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson TRANSFER OF FUNDS 2021-2022 FISCAL YEAR RE: PARKS (SEASONAL EMPLOYMENT) WHEREAS, Local Law No. 2 of 2007 requires, among other things, that each transfer and appropriation from one account exceeding $15,000.00 within a budgetary year shall be set forth specifically in an ordinance and shall not become effective unless said appropriation and transfer is approved by a majority of all Councilmembers, and WHEREAS, the Board of Estimate and Apportionment did approve the particular transfer hereinafter more particularly described on November 19, 2021. NOW, THEREFORE, BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A57110-102 Parks - Wages $ 40,000.00 To: A57110-44106 Parks - Seasonal Employment $ 40,000.00 Explanation for Transfer: To adjust for seasonal help necessary to assist with Parks. A57110-102 Original Budget: $ 663,756.00 Revised Budget with Transfer $ 613,756.00 Transfers in: $ - Transfers out: $ 10,000.00 Expended & Encumbered: $ 346,409.64 Balance before Transfer: $ 307,346.36 Percent Used (Original Budget): 52.19% Percent Used (Revised Budget): 56.44% A57110-44106 Original Budget: $ 40,000.00 Revised Budget with Transfer $ 80,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 58,446.34 Balance before Transfer: $ (18,446.34) Percent Used (Original Budget): 146.12% Percent Used (Revised Budget): 73.06% MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Board of E & A Proposed Ordinance No. 7 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson TRANSFER OF FUNDS 2020-2021 FISCAL YEAR RE: RESERVE FUNDS WHEREAS, Local Law No. 2 of 2007 requires, among other things, that each transfer and appropriation from one account exceeding $15,000.00 within a budgetary year shall be set forth specifically in an ordinance and shall not become effective unless said appropriation and transfer is approved by a majority of all Councilmembers, and WHEREAS, the Board of Estimate and Apportionment did approve the particular transfer hereinafter more particularly described on November 19, 2021. NOW, THEREFORE, BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account Name Amount From: Fund Balance - Unrestricted $ 2,500,000.00 To: Restricted Fund Balance - Employee Benefit Accrued Liability Reserve Fund $ 1,000,000.00 Restricted Fund Balance - Paving Reserve Fund $ 750,000.00 Restricted Fund Balance - Building Alterations Reserve Fund $ 750,000.00 Explanation for Transfer: To Transfer from unrestricted to restricted for purposes noted. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Council Attorney Proposed Ordinance No. 8 Submitted to council on: 11 / 19 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 19 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson AMENDING SECTION 2-18-27 (PARK RULES REGARDING HOURS OF OPERATION; TRESPASSING) OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-18-27 of the Code of Ordinances is hereby amended to read as follows: (a) All parks and playgrounds shall be open daily as follows: 6:00 a.m. to 9:00 p.m. from April 15th to November 15th and from 6:00 a.m. to 7:00 p.m. from November 15th to April 15th of each year. No persons are authorized to be in the public parks except for during the hours set forth herein. (b) The above does not include clearly illuminated areas that are being utilized in a park, such as basketball courts, football fields, tennis courts, or other activities for which a special use permit has been applied for and granted by the Commissioner of Parks. (c) Any person or persons found to be at such playground or park located in the City of Utica at times prohibited in paragraph (a) herein shall be deemed a trespasser. (d) Said person or persons who are found in the parks or playgrounds after the hours set forth above or at such times when lighted areas are dark, shall be directed to leave said park or playground for safety concerns. If said person or persons refuse to leave, or returns to the park or playground after the hours stated herein, or the lights have been extinguished or is without a special use permit, then said person or persons will be issued a summons returnable in Utica City Court. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. 9 Submitted to council on: 11 / 22 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 22 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson ORDINANCE ESTABLISHING A CAPITAL RESERVE FUND TO FINANCE PAVING; SECTION 2-2-104 BE IT ORDAINED, that the Code of Ordinances of the City of Utica is hereby amended by adding thereto a new section, to be known as Section 2-2-104, to read as follows: Sec. 2-2-104. Capital Reserve Fund to Finance Paving Pursuant to Section 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. The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by Section 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. Except as otherwise provided by law, expenditures form 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 Section 6-c of the General Municipal Law, or any other law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. 10 Submitted to council on: 11 / 22 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 22 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson ORDINANCE ESTABLISHING A CAPITAL RESERVE FUND TO FINANCE BUILDING ALTERATIONS; SECTION 2-2-105 BE IT ORDAINED, that the Code of Ordinances of the City of Utica is hereby amended by adding thereto a new section, to be known as Section 2-2-105, to read as follows: Sec. 2-2-105. Capital Reserve Fund to Finance Building Alterations Pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund, to be known as the “Building Alterations 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 Building alterations. The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by Section 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. Except as otherwise provided by law, expenditures form 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 Section 6-c of the General Municipal Law, or any other law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. Submitted to council on: 11 / 24 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 24 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson A LOCAL LAW ESTABLISHING A SUSTAINABLE ENERGY LOAN PROGRAM (OPEN C-PACE) IN THE CITY OF UTICA INTRODUCTORY LOCAL LAW NO. 3 OF 2021 Presented and read __________, 2021. Laid on the Table ___________, 2021. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2021. Became a Local Law with the approval of the Mayor on __________, 2021, after a public hearing on __________, 2021. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK (THE “MUNICIPALITY”): SECTION 1. Chapter 1-2 of the City of Utica Code of Local Laws is amended hereto by adding Article V which shall be known as the “Energize NY Open C-PACE Financing Program” and shall read as follows: ARTICLE V Energize NY Open C-PACE Financing Program Sec. 1-2-100. Legislative findings, intent and purpose, authority. (a) It is the policy of both the Municipality and the State of New York (the “State”) to achieve energy efficiency and renewable energy improvements, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The Municipality finds that it can fulfill this policy by providing property assessed clean energy financing to Qualified Property Owners (as defined below) for the installation of renewable energy systems and energy efficiency measures. This local law establishes a program that will allow the Energy Improvement Corporation (as defined below, “EIC”), a local development corporation, acting on behalf of the Municipality pursuant to the municipal agreement (the “Municipal Agreement”) to be entered into between the Municipality and EIC, to make funds available to Qualified Property Owners that will be repaid through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this local law and accomplishing an important public purpose. This local law provides a method of implementing the public policies expressed by, and exercising the authority provided by, Article 5-L of the General Municipal Law (as defined below, the “Enabling Act”). (b) The Municipality is authorized to execute, deliver and perform the Municipal Agreement and otherwise to implement this Energize NY Open C-PACE Financing Program pursuant to the Constitution and laws of New York, including particularly Article IX of the Constitution, Section 10 of the Municipal Home Rule Law, the Enabling Act and this local law. (c) This local law, which is adopted pursuant to Section 10 of the Municipal Home Rule Law and the Enabling Act shall be known and may be cited as the “Energize NY Open C-PACE”. Sec. 1-2-101. Definitions. (a) Capitalized terms used but not defined herein have the meanings assigned in the Enabling Act. (b) For purposes of this local law, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Annual Installment Amount – shall have the meaning assigned in Section 8, paragraph B Annual Installment Lien – shall have the meaning assigned in Section 8, paragraph B Authority – the New York State Energy Research and Development Authority Benefit Assessment Lien – shall have the meaning assigned in Section 3, paragraph A Benefited Property – Qualified Property for which the Qualified Property Owner has entered into a Finance Agreement for a Qualified Project Benefited Property Owner – the owner of record of a Benefited Property EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section 1411 of the Not-For-Profit Corporation Law of the State, authorized hereby on behalf of the Municipality to implement the Program by providing funds to Qualified Property Owners and providing for repayment of such funds from money collected by or on behalf of the Municipality as a charge to be levied on the real property Eligible Costs – costs incurred by the Benefited Property Owner in connection with a Qualified Project and the related Finance Agreement, including application fees, EIC’s Program administration fee, closing costs and fees, title and appraisal fees, professionals’ fees, permits, fees for design and drawings and any other related fees, expenses and costs, in each case as approved by EIC and the Financing Party under the Finance Agreement Enabling Act – Article 5-L of the General Municipal Law of the State, or a successor law, as in effect from time to time Finance Agreement – the finance agreement described in Section 6A of this local law Financing Charges – all charges, fees and expenses related to the loan under the Finance Agreement including accrued interest, capitalized interest, prepayment premiums, and penalties as a result of a default or late payment and costs and reasonable attorneys’ fees incurred by the Financing Party as a result of a foreclosure or other legal proceeding brought against the Benefited Property to enforce any delinquent Annual Installment Liens Financing Parties – Third party capital providers approved by EIC to provide financing to Qualified Property Owners or other financial support to the Program which have entered into separate agreements with EIC to administer the Program in the Municipality Municipality – the City of Utica, a municipality of the State constituting a tax district as defined in Section 1102 of the RPTL of the State Municipal Lien – a lien on Qualified Property which secures the obligation to pay real property taxes, municipal charges, or governmentally imposed assessments in respect of services or benefits to a Qualified Property Non-Municipal Lien – a lien on Qualified Property which secures any obligation other than the obligation to pay real property taxes, municipal charges, or governmentally-imposed assessments in respect of services or benefits to a Qualified Property Owner or Qualified Property Program – the Energize NY Open C-PACE Financing Program authorized hereby  Qualified Project – the acquisition, construction, reconstruction or equipping of Energy Efficiency Improvements or Renewable Energy Systems or other projects authorized under the Enabling Act on a Qualified Property, together with a related Energy Audit, Renewable Energy System Feasibility Study and/or other requirements under or pursuant to the Enabling Act, with funds provided in whole or in part by Financing Parties under the Program to achieve the purposes of the Enabling Act Qualified Property – Any real property other than a residential building containing less than three dwelling units, which is within the boundaries of the Municipality that has been determined to be eligible to participate in the Program under the procedures for eligibility set forth under this local law and the Enabling Act and has become the site of a Qualified Project Qualified Property Owner – the owner of record of Qualified Property which has been determined by EIC to meet the requirements for participation in the Program as an owner, and any transferee owner of such Qualified Property RPTL – the Real Property Tax Law of the State, as amended from time to time Secured Amount – as of any date, the aggregate amount of principal loaned to the Qualified Property Owner for a Qualified Project, together with Eligible Costs and Financing Charges, as provided herein or in the Finance Agreement, as reduced pursuant to Section 8, paragraph C State – the State of New York Sec. 1-2-102. Establishment of an Energize NY Open C-PACE Financing Program. (a) An Energize NY Open C-PACE Financing Program is hereby established by the Municipality, whereby EIC acting on its behalf pursuant to the Municipal Agreement, may arrange for the provision of funds by Financing Parties to Qualified Property Owners in accordance with the Enabling Act and the procedures set forth under this local law, to finance the acquisition, construction, reconstruction, and installation of Qualified Projects and Eligible Costs and Financing Charges approved by EIC and by the Financing Party under the Finance Agreement. EIC, on behalf of the Municipality, and with the consent of the Benefited Property Owner, will record a Benefit Assessment Lien on the Benefited Property in the Secured Amount (the “Benefit Assessment Lien”) on the land records for the Municipality. Such recording shall be exempt from any charge, mortgage recording tax or other fee in the same manner as if recorded by the Municipality. (b) Before a Qualified Property Owner and a Financing Party enter into a Finance Agreement which results in a loan to finance a Qualified Project, repayment of which is secured by a Benefit Assessment Lien, a written consent from each existing mortgage holder of the Qualified Property shall be obtained, permitting the Benefit Assessment Lien and each Annual Installment Lien to take priority over all existing mortgages. Sec. 1-2-103. Procedures for eligibility. (a) Any property owner in the Municipality may submit an application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the Municipality’s offices. (b) Every application submitted by a property owner shall be reviewed by EIC, acting on behalf of the Municipality, which shall make a positive or negative determination on such application based upon the criteria enumerated in the Enabling Act and § 5 of this local law. EIC may also request further information from the property owner where necessary to aid in its determination. (c) If a positive determination on an application is made by EIC, acting on behalf of the Municipality, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Program in accordance with § 6 of this local law. Sec. 1-2-104. Application criteria. Upon the submission of an application, EIC, acting on behalf of the Municipality, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: (a) The property owner may not be in bankruptcy and the property may not constitute property subject to any pending bankruptcy proceeding; (b) The amount financed under the Program shall be repaid over a term not to exceed the weighted average of the useful life of Renewable Energy Systems and Energy Efficiency Improvements to be installed on the property as determined by EIC; (c) Sufficient funds are available from Financing Parties to provide financing to the property owner; (d) The property owner is current in payments on any existing mortgage on the Qualified Property; (e) The property owner is current in payments on any real property taxes on the Qualified Property; and (f) Such additional criteria, not inconsistent with the criteria set forth above, as the State, the Municipality, or EIC acting on its behalf, or other Financing Parties may set from time to time. Sec. 1-2-105. Energize NY Finance Agreement. (a) A Qualified Property Owner may participate in the Program through the execution of a finance agreement made by and between the Qualified Property Owner and a Financing Party, to which EIC, on behalf of the Municipality, shall be a third-party beneficiary (the “Finance Agreement”). Upon execution and delivery of the Finance Agreement, the property that is the subject of the Finance Agreement shall be deemed a “Benefited Property”). (b) Upon execution and delivery of the Finance Agreement, the Benefited Property Owner shall be eligible to receive funds from the Financing Party for the acquisition, construction, and installation of a Qualified Project, together with Eligible Costs and Financing Charges approved by EIC and by the Financing Party, provided the requirements of the Enabling Act, the Municipal Agreement and this local law have been met. (c) The Finance Agreement shall include the terms and conditions of repayment of the Secured Amount and the Annual Installment Amounts. (d) EIC may charge fees to offset the costs of administering the Program and such fees, if not paid by the Financing Party, shall be added to the Secured Amount. Sec. 1-2-106. Terms and conditions of repayment. The Finance Agreement shall set forth the terms and conditions of repayment in accordance with the follow: (a) The principal amount of the funds loaned to the Benefited Property Owner for the Qualified Project, together with Eligible Costs and Financing Charges approved by EIC and by the Financing Party, shall be specially assessed against the Benefited Property and will be evidenced by a Benefit Assessment Lien recorded against the Benefited Property on the land records on which liens are recorded for properties within the Municipality. The special benefit assessment shall constitute a “charge” within the meaning of the Enabling Act and shall be collected in annual installments in the amounts certified by the Financing Party in a schedule provided at closing and made part of the Benefit Assessment Lien. Said amount shall be annually levied, billed and collected by EIC, on behalf of the Municipality, and shall be paid to the Financing Party as provided in the Finance Agreement. (b) The term of such repayment shall be determined at the time the Finance Agreement is executed by the Benefited Property Owner and the Financing Party, not to exceed the weighted average of the useful life of the systems and improvements as determined by EIC, acting on behalf of the Municipality. (c) The rate of interest for the Secured Amount shall be fixed by the Financing Party in conjunction with EIC, acting on behalf of the Municipality, as provided in the Finance Agreement. Sec. 1-2-107. Levy of Annual Installment and Creation of Annual Installment Lien. (a) Upon the making of the loan pursuant to the Finance Agreement, the Secured Amount shall become a special Benefit Assessment Lien on the Benefited Property in favor of the Municipality. The amount of the Benefit Assessment Lien shall be the Secured Amount. Evidence of the Benefit Assessment Lien shall be recorded by EIC, on behalf of the Municipality, in the land records for properties in the Municipality. Such recording shall be exempt from any charge, mortgage recording tax or other fee in the same manner as if recorded by the Municipality. The Benefit Assessment Lien shall not be foreclosed upon by or otherwise enforced by the Municipality. (b) The Finance Agreement shall provide for the repayment of the Secured Amount in installments made at least annually, as provided in a schedule attached to the Benefit Assessment Lien (the “Annual Installment Amount”). The Annual Installment Amount shall be levied by EIC, on behalf of the Municipality, on the Benefited Property in the same manner as levies for municipal charges, shall become a lien on the Benefited Property as of the first day of January of the fiscal year for which levied (the “Annual Installment Lien”) and shall remain a lien until paid. The creation or any recording of the Annual Installment Lien shall be exempt from any charge, mortgage recording tax or other fee in the same manner as if recorded by the Municipality. Payment to the Financing Party shall be considered payment for this purpose. Such payment shall partly or wholly discharge the Annual Installment Lien. Delinquent Annual Installment Amounts may accrue Financing Charges as may be provided in the Finance Agreement. Any additional Financing Charges imposed by the Financing Party pursuant to the Finance Agreement shall increase the Annual Installment Amount and the Annual Installment Lien for the year in which such overdue payments were first due. (c) The Benefit Assessment Lien shall be reduced annually by the amount of each Annual Installment Lien when each Annual Installment Lien becomes a lien. Each Annual Installment Lien shall be subordinate to all Municipal Liens, whether created by Section 902 of the RPTL or by any other State or local law. No portion of a Secured Amount shall be recovered by the Municipality, EIC, or an assignee upon foreclosure, sale or other disposition of the Benefited Property unless and until all Municipal Liens are fully discharged. Each Annual Installment Lien, however, shall have priority over all Non-Municipal Liens, irrespective of when created, except as otherwise required by law. (d) Neither the Benefit Assessment Lien nor any Annual Installment Lien shall be extinguished or accelerated in the event of a default or bankruptcy of the Benefited Property Owner. Each Annual Installment Amount shall be considered a charge upon the Benefited Property and shall be collected by EIC, on behalf of the Municipality, at the same time and in the same manner as real property taxes or municipal charges. Each Annual Installment Lien shall remain a lien until paid. Amounts collected in respect of an Annual Installment Lien shall be remitted to EIC, on behalf of the Municipality, or the Financing Party, as may be provided in the Finance Agreement. (e) EIC shall act as the Municipality’s agent in collection of the Annual Installment Amounts. If any Benefited Property Owner fails to pay an Annual Installment Amount, the Financing Party may redeem the Benefited Property by paying the amount of all unpaid Municipal Liens thereon, and thereafter shall have the right to collect any amounts in respect of an Annual Installment Lien by foreclosure or any other remedy available at law. Any foreclosure shall not affect any subsequent Annual Installment Liens. (f) EIC, on behalf of the Municipality, may sell or assign for consideration any and all Benefit Assessment Liens and Annual Installment Liens to Financing Parties that provide financing to Qualified Properties pursuant to Finance Agreements. The Financing Parties may sell or assign for consideration any and all Benefit Assessment Liens and Annual Installment Liens received from EIC, on behalf of the Municipality, subject to certain conditions provided in the administration agreement between EIC and the Financing Party. The assignee or assignees of such Benefit Assessment Liens and Annual Installment Liens shall have and possess the same powers and rights at law or in equity as the Municipality would have had if the Benefit Assessment Lien and the Annual Installment Liens had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection.  Sec. 1-2-108. Verification and report. EIC, on behalf of the Municipality, shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Program in such form and manner as the Authority may establish. Sec. 1-2-109. Separability. If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof involved in the controversy in which such judgment shall have been rendered. SECTION 2. This local law shall take effect upon filing with the Secretary of State. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. 11 Submitted to council on: 11 / 24 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 24 / 21 Thursday Rule Waiver Required? N Date of Legislation: 12 / 01 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson REPEAL ARTICLE XI OF THE ZONING ORDINANCE ENTITLED SUPPLEMENTAL REGULATIONS – AGRICULTURE, URBAN WHEREAS, a new zoning ordinance establishing zoning regulations for the City of Utica was adopted by the City of Utica Common Council on February 3, 2021; and WHEREAS, Article XI of the aforementioned Zoning Ordinance entitled Supplemental Regulations- Agriculture, Urban contradicts the provisions set forth in Chapter 2-5 Article III and Article IV of the Utica City Code; and WHEREAS, it is the intent of the members of the Common Council to repeal Article XI of the Zoning Ordinance entitled Supplemental Regulations-Agriculture, Urban in its entirety and revert back to the regulations set forth in Chapter 2-5 Article III and Article IV; and NOW, THEREFORE, BE IT ORDAINED, that the City of Utica Common Council does hereby repeal and annul Article XI of the Zoning Ordinance entitled Supplemental Regulations-Agriculture, Urban. BE IT FURTHER ORDAINED, that this ordinance shall be immediately effective upon adoption. The uses which were legal at adoption of the aforementioned zoning ordinance may continue such use for a period of three (3) years, after which time, such uses shall be governed by Chapter 2-5 Article III and IV. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime