Common Council Meeting -- 12.20.2023

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council December 20th 2023 Type & Number Title/Description Date Committed INTRO. LOCAL LAW #1 09/06/2023 PRO. ORD. 1 Ordinance Removing Traffic Island 11/15/2023 PRO. ORD. 3 Bond Ordinance 12/06/2023 PRO. RES. 4 Zoo Contract 12/06/2023 PRO. ORD. 5 Bond Ordinance 12/06/2023 PRO. ORD. 7 Intersections Where Stop Required 12/06/2023 PRO. ORD. 8 Yield Signs 12/06/2023 PRO. ORD. 9 No Parking at all Times 12/06/2023  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 09 / 05 / 23 Proposed Resolution No. Sent to Council Attorney on: 09 / 05 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 09 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “ESTABLISHING A PROGRAM IMPOSING OWNER LIABILITY FOR FAILURE OF AN OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND STOP-ARM” INTRODUCTORY LOCAL LAW NO. 1 OF 2023 Presented and read __________, 2023. Laid on the Table ___________, 2023. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2023. Became a Local Law with the approval of the Mayor on __________, 2023, after a public hearing on __________, 2023. SECTION 1. Definitions. For the purposes of this local law, the following terms shall have the following meanings: A. "City" Shall mean the city of Utica. B "Manual on uniform traffic control devices" or"MUTCD" shall mean the manual and specifications for a uniform System of traffic control devices maintained by the Commissioner of the Department of Transportation pursuant to section 1680 of the New York Vehicle Traffic Law. C. "Owner" shall have the meaning provided in Section 239 of the New York Vehicle and Traffic Law. D. "School bus photo violation monitoring system" shall mean a device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, two or more microphotographs, videotape or other recorded images of a vehicle at the time it is used or operated in violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law. SECTION 2. Program Established. A. There is hereby established, pursuant to section 1174-a of the New York State Vehicle and Traffic Law, a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with section 1174 of the New York State Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in subdivisions 20 and 21-c of section 375 of the New York State Vehicle and Traffic Law in the City of Utica. B. Under such demonstration program the City is hereby authorized to install and operate school bus photo violation monitoring systems which may be stationary or mobile, and which may be installed, pursuant to an agreement with a school district within the City on school buses owned and/or operated by such school district. Provided, however, that: i. No stationary school bus photo violation monitoring system shall be installed or operated by the City, except on roadways under the jurisdiction of the City; and ii. No mobile school bus photo violation monitoring system shall be installed or operated on any such school buses unless the City and such school district enter into an agreement for such installation and operation. C. To carry out the demonstration program, the City, acting by and through the mayor, is authorized to enter into agreement with school districts for the installation, maintenance and use of school bus photo violation monitoring systems, for the proper handling and custody of photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City, subject to the provisions of this section and section 1174-a of the New York Vehicle and Traffic Law and approval of the City Council. D. Nothing in this local law shall be construed to prevent the City or school district at any time from withdrawing from or terminating an agreement for the installation, maintenance and use of school bus photo violation monitoring systems, provided however, that the City or the school district shall provide no less than thirty days' required notice to the other for such withdrawal, if any, prior to such withdrawal. E. Cost of Program and Reports Relating Thereto. The total cost to the school district of the installation, Maintenance and use of school bus photo violation monitoring systems pursuant to an agreement authorized by this local law shall be borne entirely by the City. ii. Any participating school district, acting by and through the Superintendent of Schools of such district, or his or her designee shall provide any report required of the district, pursuant to Section 1174-a of the Vehicle and Traffic Law, to the State or any official thereof. To the extent that the City shall be required to issue any report To the State or any official thereof as a result of the adoption of this Local Law and/or Section 1174-a of the Vehicle and Traffic Law, the City of Utica, and/or City Department of Planning STOP-DWI/Traffic Safety Coordinator shall cause the same to be prepared pursuant to this local or applicable State law. Ill. F. Pursuant to Section 1174-a (a)(3)(I) of the Vehicle and Traffic Law, any school district participating in the demonstration program shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the City, as provided in this Local Law, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City for the purpose of determining whether a motor vehicle was operated in violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law and imposing monetary liability on the owner of such motor vehicle therefor. G. The agreement between the City and the school district shall provide that photographs, microphotographs, videotapes, other recorded images and data produced by school bus photo violation monitoring systems shall be destroyed (a) ninety days after the date of the alleged imposition of liability fi a notice of liability is not issued for such alleged imposition of liability pursuant to this local law or (b) upon final disposition of a notice of liability issued pursuant to this local law. H. The City shall adopt and enforce measures to protect the privacy of Drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo-monitoring device. Such measures shall include: (i) utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists, provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that the City has made are a reasonable effort to comply with the provisions of this paragraph; (ii) a prohibition of the use or dissemination of vehicles license plate information and other information and images captured by school bus photo violation monitoring systems except: (a) as required to establish liability under this section or collect payment of penalties; (b) as required by court order; or (c) as otherwise required by law; (iii) oversight procedures to ensure compliance with the privacy protection measures required herein. The City, acting by and through the Commissioner of the Department of Public Works (DPW) shall also undertake the installation of signage in conformance with standards established in the Manual of Uniform Traffic Control Devices. Such signage shall be installed at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating Section 1174 of the New York Vehicle and Traffic Law. For the purposes of this paragraph, the term "roadway" shall not include state expressway routes or state interstate routes but shall include controlled-access highway exit ramps that enter the boundaries of the City. SECTION :3 Penalties. An owner liable for a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law shall be liable for monetary penalties in accordance with the following schedule of fines and penalties: SECTION 4: Fees A. Two hundred fifty dollars for a first violation; B. Two hundred seventy-five dollars for a second violation committed within eighteen (18) months of the first violation; C. Three hundred dollars for a third violation or subsequent violation all of which were committed within eighteen (18) months from the first violation; and D. An additional penalty of twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period. Notice of Liability. A notice of liability shall be sent as provided by State Law by first class mail to each person alleged to be liable as an owner for a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. To the extent that State Law does not preclude the City from causing such mailing to be made, the City shall undertake or cause to be undertaken such mailing. B. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number. C. (i) A notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. (ii) The notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, the adjudicatory process if the addressee of the notice wishes to contest the notice of liability. SECTION 5 Owner Liability: A. The Owner of a vehicle shall be liable for a penalty imposed pursuant to this Local Law if such vehicle was used or operated with the permission of the owner, express or implied, in violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided however that no owner o f a vehicle shall be liable for a penalty imposed pursuant to this Local Law where the operator of such vehicle has been convicted of the underlying violation of subdivision (a) of Section 1174 of the New York State Vehicle and Traffic Law. For purpose of (i) this Section; and (ii) this Local Law, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law. B. If the owner receives a notice of liability pursuant to this Local Law for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subdivision, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent or delivered to a court of competent jurisdiction or parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. C. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this Local Law shall not be liable for the violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of Section 1174-a of the New York Vehicle and Traffic Law and otherwise sends to the Court of competent jurisdiction or other adjudicatory bureau or agency of competent jurisdiction, a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within thirty-seven (37) days after receiving notice from the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within thirty-seven (37) day time period shall render the owner liable for the penalty prescribed by this Local Law. Where the lessor complies with the provisions of this paragraph, the lessee of such vehicle for purposes of this Section, shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this Section, shall be subject to liability for the violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law and shall be sent a notice of liability pursuant to Section 4 of this Local Law. D. A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, upon inspection of photographs, microphotographs, videotapes, other recorded images produced by a school bus photo violation monitoring system, shall be prima face evidence of the facts contained therein. Any photographs, microphotographs, videotapes, and other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation. E. It shall be a defense to any prosecution for or allegation of a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law that such school bus stop-arms were malfunctioning at the time of the alleged violation. F. For the purpose of informing and educating owners for motor vehicles in this City during the first thirty-day (30) period in which a school bus photo violation monitoring system is in operation pursuant to the provisions of this Local Law, all owners of motor vehicles who would otherwise be held liable for failure of operators thereof to comply with Section 1174 of the New York Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in subdivisions 20-21-c of Section 375 of such Law, shall be issued a written warning in lieu of a notice of liability. SECTION 6. Adjudication of Liability. Liability pursuant to the demonstration program established hereunder shall be imposed upon owners by the Court of competent jurisdiction in the City of Utica or in another other manner pursuant to the New York State Vehicle and Traffic Law. SECTION 7. Action for Indemnification. If the owner held liable for a violation of subdivision (a) of Section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. SECTION 8. Reporting Requirements. A. The City, acting by and through the City Department of Planning STOP-DWI/Traffic Safety Coordinator shall develop and cause to be submitted an annual report on the results of the use of a school bus photo violation monitoring system to the Governor, the temporary president of the Senate and the speaker of the Assembly on or before June 1of each year in which the demonstration program is operable. Such report shall include any information required by Section 1174-a (m) of the New York Vehicle and Traffic Law to be included as a result of the enactment of this Local Law. B. Pursuant to the requirements of Section 1174-a of the New York State Vehicle and Traffic Law, courts, bureaus, and agencies conducting adjudications as a result of this Local Laws hall report at least annually to the City on the quality Of the adjudication process and its results including the total number of hearings scheduled, re-scheduled, and held; the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number of default judgments entered. C. The City, acting by and through the City Department of Planning STOP-DWI/Traffic Safety Coordinator shall annually provide a copy of the annual report submitted pursuant to subsections a and b of this Section, to each Local Law enforcement agency having jurisdiction to enforce violations of the vehicle and traffic law or any ordinance, rule or regulation relating to traffic adopted Pursuant to such law on roadways within the City. SECTION 9. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Law or The application there of to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to Be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, Sentence, paragraph, subdivision, section or part of this law, or in its application to The person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.  SECTION 10. EFFECTIVE DATE. This local law shall take effect immediately upon full compliance with all the Requisite statutes and laws applicable to its adoption and promulgation. 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: Councilman Williamson Proposed Ordinance No. 1 Submitted to council on: 11 / 13 / 23 Proposed Resolution No. Sent to Council Attorney on: 11 / 13 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 15 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored By: Councilmember Williamson Ordinance Removing the Traffic Island at Eastwood Ave. and Dunham Road WHEREAS, A traffic island has been erected at the intersection of Eastwood Avenue and Dunham Road, and WHEREAS, said traffic island was erected without a police or engineering study having been submitted to the Common Council for its review prior to the construction, and WHEREAS, there have been multiple complaints from residents, school bus drivers and others, stating that the construction of the traffic island was ill thought out and could be dangerous. The design could lead to a great deal of driver confusion when and if Utica experiences a major snow storm, and BE IT ORDAINED, by the Common Council of the City of Utica, that the traffic island constructed at Eastwood Avenue and Dunham Road, without the benefit of a traffic study, police and engineering department presentation to the Common Council, be demolished and eliminated returning the roads to their original configuration 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 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. 3 Submitted to council on: 11 / 28 / 23 Proposed Resolution No. Sent to Council Attorney on: 11 / 28 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson BOND ORDINANCE DATED DECEMBER 6th, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $1,120,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF CERTAIN CAPITAL PROJECTS. WHEREAS, all conditions precedent to the financing of the various capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such various capital projects; NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the “City”) is hereby authorized to undertake the capital projects described below (each, a “Project”) at an aggregate estimated maximum cost of $1,120,000. The estimated maximum cost of each Project being as follows: (a) Parks, Playgrounds and Recreational Areas. The original improvement or embellishment of existing parks, playgrounds and/or recreational areas, at a maximum estimated cost not to exceed $470,000. (b) Parking Areas. The reconstruction of parking areas, whether or not including sidewalks, curbs, gutters, drainage or landscaping, at a maximum estimated cost not to exceed $650,000; Section 2. It is hereby determined that the aggregate maximum estimated cost of the aforesaid classes of objects or purposes is $1,120,000, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of the issuance of $1,120,000 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 classes of objects or purposes pursuant to Paragraph 4 of Section 11.0(a) of the Local Finance Law are as follows:  Period of Local Finance Probable Law Section usefulness 11.00(a) (Years) Paragraph (a) Parks, Playgrounds and Recreational Areas 15 19(c) (b) Parking Areas 10 20(f) 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. 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 each of the classes of 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: LAW Proposed Ordinance No. Submitted to council on: 11 / 30 / 23 Proposed Resolution No. 4 Sent to Council Attorney on: 11 / 30 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Williamson, Meola RESOLUTION APPROVING AGREEMENT TO OPERATE AND MANAGE THE UTICA ZOO WHEREAS, the Utica Zoological Society has successfully operated and managed the Utica Zoo for a number of years, and WHEREAS, this arrangement, although to the mutual benefit of both parties and the people of Utica and surrounding area, has not been formalized into a written agreement, and WHEREAS, the administration and the Zoological Society have negotiated a written agreement to formalize and continue the operation of the Utica Zoo, it is hereby BE IT RESOLVED, that the agreement between the City of Utica and the Utica Zoological Society for the operation and management of the facilities at the Utica Zoo located at Roscoe Conkling Park, substantially as attached hereto is hereby APPROVED. FURTHER RESOLVED, the Mayor is hereby authorized to execute any documents necessary to implement 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  AGREEMENT THIS AGREEMENT, made the ____ day of ___________, 2024 between the City of Utica, New York, a municipal corporation with principal offices located at One Kennedy Plaza, Utica, New York 13502 (hereinafter referred to as the City) and the Utica Zoological Society, Inc., a Not-For-Profit organization, duly organized under the laws of the State of New York and having principal offices located at One Utica Way, Utica, New York 13501 (hereinafter referred to as the Utica Zoological Society). WHEREAS, for the past several years the Utica Zoological Society has operated and managed the facilities at the Utica Zoo with the consent and cooperation of the City, and WHEREAS, this relationship has proven to be mutually beneficial and in the best interests of the citizens of the City of Utica and surrounding communities, and WHEREAS, the City of Utica contributes services and, when available, a sum of money to the Utica Zoological Society each fiscal year to help finance its activities, and WHEREAS, the Utica Zoological Society performs certain services and supplies certain materials at the Zoo, for benefits of the residents of the City of Utica, and surrounding communities. NOW, THEREFORE, it is hereby agreed: 1. The Utica Zoological Society will manage and operate the facilities of the Utica Zoo located at Roscoe Conkling Park bounded and described as follows: All that tract or parcel of land situated in the City of Utica, County of Oneida and State of New York more particularly bounded and described as follows: Beginning at a point formed by the intersection of the center line of Valley View Road (formerly Third St.) and the southerly curb line of the Parkway; thence westerly along the  southerly curbline of said Parkway, a distance of 1646.00± feet to a point; thence southerly along a line parallel with the center line of Valley View Road, a distance of 250.00± feet to the point of beginning of lands herein described; thence southerly parallel with the center line of Valley View Road and along a line located 1646± feet westerly of the center of Valley View Road to a point marking the northeasterly corner of a tract or parcel of land belonging to the Utica Cemetery Association; thence westerly along the northerly bounds of said cemetery property to the center of the Utica Cemetery Road; thence continuing westerly along the center of said Cemetery Road to a point marking the fence corner of the Utica Cemetery property; thence northerly on a straight course to the most westerly fence line of the Utica Zoo; said fence line being located adjacent and easterly of the Ski Tow; thence northerly along said fence line to the northwesterly fence corner of said Utica Zoo; thence northeasterly on a straight course to a point located 250.00± southerly measured at right angles from the southerly curbline of the Parkway, said point being located also 1200.00± easterly of the easterly curbline of Oneida Street measured along a line located 250.00± feet southerly from the southerly curbline of the Parkway; thence easterly along a line located 250.00± feet southerly of the southerly curbline of the Parkway to the place of beginning. Excepting therefrom, approximately 2 acres of land near the current entrance to the Zoo, which is currently occupied by the Power Authority of the State of New York as a Visitor Center. 2. The City of Utica shall provide snow plow and salting service through the main Zoo parking lot. The City’s Parks’ Dept. will plow the main parking lot spots and overflow parking on the second level. (There will be an effort to preserve ADA required dimple pads in the bus loop area.) The City Parks’ Dept. enters zoo gate and plows Pangea Plaza  and roadway up Steele Hill Road to gate of Master Garden and Steele Hill Road. (Zoo calls this African Ridge). 3. The Utica Zoological Society shall care for all animals presently in the Zoo, or subsequently added thereto, including medical treatment, dietary plan, and food purchase and preparation and all those duties which are commensurate with the care of wild animals in a captive state. Such care shall be provided in accordance with all applicable federal, state and local laws and regulation. 4. The employees or agents of the Utica Zoological Society must be orderly in the conduct of their work and must be thoroughly schooled by Utica Zoological Society in the nature of their duties and the requirements of this contract, to the end that the details specified herein may be performed. Utica Zoological Society shall be solely responsible for compliance with all applicable federal, state and local laws and regulations regarding employees. 5. The parties acknowledge that all animals, machinery, equipment and personal property currently being used in connection with the operation and management of the Zoo are owned by the Utica Zoological Society. In the event of expiration or early termination of this agreement, the City shall have the option to purchase same at the original purchase price less observed depreciation. 6. All utilities including gas, electricity, trash removal and heating, except water, shall be paid for by the Utica Zoological Society. 7. Utica Zoological Society agrees to operate the zoo twelve months a year and to keep open and available to the public facilities of the main zoo during the summer and winter  months generally from 10:00 a.m. to 5:00 p.m. and the facilities of the Children’s Zoo during the summer and winter months generally from 11:00 a.m. to 5:00 p.m.. 8. Utica Zoological Society is authorized to operate concession stands for the sale of food, beverages and souvenir items on the premises. In addition, Utica Zoological Society may charge reasonable admission fees to the premises. All income from such activities shall be used exclusively for the benefit of the Utica Zoo. 9. It is further agreed that Utica Zoological Society shall comply with all City Ordinances and with each and every provision of the Labor Law of the State of New York and all other State laws and Federal laws related thereto. 10. In the hiring of employees for the performance of work under this contract or any such contract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor shall because of race, color or nation origin, discriminate against any citizen of the State of New York, who is qualified and available to perform the work to which the employment relates. 11. Utica Zoological Society shall save harmless the City from all damages to persons or property arising from the negligence, carelessness or unlawful acts of the Utica Zoological Society. The Utica Zoological Society expressly agrees that in the event of any damages to persons or property resulting from its negligence, carelessness or unlawful acts, it will pay and liquidate the same at its own expense and it will save the City harmless from all actions brought on account of such damages and will pay all judgments recovered, together with the costs and expenses of defending the same. The City of Utica, New York, may withhold from the Utica Zoological Society any money that may be due it and pay the same to liquidate such judgment. 12. The contract herein shall be void and of no effect unless the Utica Zoological Society shall secure and maintain Workers’ Compensation insurance for the benefit of such employees as may be employed by it, as provided by the Workman’s Compensation Law, and the General Municipal Law of the State of New York. The Utica Zoological Society shall furnish General Liability Insurance in the amount of not less than Eight Million Dollars ($8,000,000.00) and property damage insurance in the amount of not less than One Hundred Thousand Dollars ($100,000.00) in companies’ satisfactory to the City. A certificate of said liability and property damage insurance naming the City of Utica as an additional insured shall be forwarded to Comptroller of the City, with a copy to the Corporation Counsel. This shall also apply to automobiles owned by Utica Zoological Society. Fire insurance and extended coverage on all zoo buildings shall be provided by the City. 13. Utica Zoological Society shall comply with the sanitary rules and regulations of the Department of Health of the City and of the County of Oneida and State of New York and, shall comply with all laws, rules, regulations and ordinances of the United States, the State of N work and the City of Utica, New York, and any and all departments, agencies or bureaus thereof. 14. Utica Zoological Society shall not assign, transfer, sublet or otherwise dispose of its right, title and interest therein, or its power to execute such contract to any other person, company or corporation without the previous written consent of the City. 15. Upon the termination of this contract, including any extension or renewal thereof, the Utica Zoological Society shall execute and deliver to the City of Utica, New York, a  release under seal, releasing the City of Utica, New York, from all claims or liabilities of any name or nature arising out of said contract. 16. Utica Zoological Society shall, each year, on or before May 15, submit a copy of the Annual Audited Financial Statement of its operations to the City Comptroller and the Budget Director. 17. Utica Zoological Society shall not make any capital improvements on the premises costing $50,000.00 or more without the prior written consent of the Mayor, which shall not be unreasonably withheld. Prior to entering into any contract to build any such capital improvement, Utica Zoological Society shall provide the Mayor reasonably sufficient documents describing the proposed project and the estimate cost thereof. Upon receiving the written consent, the Utica Zoological Society shall have sole responsibility for the construction and selection of contractors for such projects and shall indemnify and defend the city from all liability of any kind associated with or arising in connection with said construction and contractors. Upon completion of a capital project, the project shall become the property of the City, but shall be operated and maintained by the Utica Zoological Society in accordance with this Agreement. 18. The City reserves the right to enter the premises at any time and to supervise the performance of the contract or to make such inspections therein as shall be deemed requisite by the City and may enter upon and pass through and over said premises at any and all times with due regard for the general welfare of the zoo. 19. The Utica Zoological Society shall establish a long range planning or building committee to work closely with the City. 20. Whenever any notice is required to be sent from one party to the other, it shall be made by hand delivery or by certified mailing to: To the City: Mayor of the City of Utica Utica City Hall One Kennedy Plaza Utica, New York 13502 With copy to: Corporation Counsel Utica City Hall One Kennedy Plaza Utica, New York 13502 To the Utica Zoological Society: Executive Director One Utica Zoo Way Utica, New York 13501 21. In order to facilitate communication between the parties, the Mayor may designate a liaison, who shall be notified of and allowed to attend all meetings of the Facilities Committee. The liaison may observe and comment during the meetings, but shall have no vote thereon. 22. Naming Rights: Utica Zoological Society may grant naming rights to an exhibit, building, feature or smaller item within the Zoo, without the prior consent and approval of the City. The Utica Zoological Society shall notify the City in advance of its intention to grant any naming rights. Any grant of naming rights shall not exceed the duration of this Agreement. No naming rights may be granted following a notice of termination by either party without the consent and approval of the City. Neither Utica Zoological Society nor the City may convey rights to (or commit to) naming the entirety of the Zoo, without the  consent of both parties. Funds received for naming any part of the Zoo shall be used exclusively for the benefit of the Zoo. 23. This contract shall be effective as of January 1, 2024 and shall continue in full force and effect until December 31, 2039. If not in default at that time, Utica Zoological Society shall have the option to renew this agreement for an additional fifteen (15) years. Utica Zoological Society must give the City written notice of its intent to exercise the option within not less than 120 days before the expiration of the term. 24. Attached and marked Exhibit “A”, is a list of the benefits given to the residents of the City, and surrounding communities, by the Utica Zoological Society, in exchange for the money received from the City. 25. This memorandum constitutes the entire agreement of the parties and there shall be no oral modification thereof. CITY OF UTICA, NEW YORK By:___________________________________ UTICA ZOOLOGICAL SOCIETY, INC. By:_______________________________________  Submitted to council by: Board of E&A Proposed Ordinance No. 5 Submitted to council on: 12 / 04 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 04 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $2,500,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF STREET PAVING PROJECTS. WHEREAS, all conditions precedent to the financing of the capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the "City") is hereby authorized to undertake the construction, reconstruction, widening or resurfacing of a highway, road, street, parkway or parking area, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights of way, with flexible pavement of a type described in Local Finance Law Section 11(a)(20)(c), at an estimated maximum cost of $2,500,000. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $2,500,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $2,500,000 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. Section 3. It is hereby determined that the periods of probable usefulness of the aforesaid class of objects or purposes is fifteen (15) years pursuant to Local Finance Law Section 11.00(a)(20)(c). 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, including sale by electronic bidding, 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. 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 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: UPD Proposed Ordinance No. 7 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: On the Eastern curbline in front of 2601 Dunham Road controlling eastbound traffic onto Eastwood Avenue On the northwest corner of the Traffic Island at Eastwood Avenue and Dunham Road, controlling westbound traffic onto Eastwood Avenue (Added 12/06/2023) 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: UPD Proposed Ordinance No. 8 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend YIELD SIGNS BE IT ORDAINED, that Sec. 2-16-359 Schedule D: Yield Signs, be amended to include the following: The eastern curbline on Dunham Road across from the Southern point of the Traffic Island controlling traffic from Eastwood Avenue onto Dunham Road (Added 12/06/2023) 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: UPD Proposed Ordinance No. 9 Submitted to council on: 12 / 06 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 06 / 23 Thursday Rule Waiver Required? N Date of Legislation: 12 / 06 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend NO PARKING AT ALL TIMES BE IT ORDAINED, that Sec. 2-16-360 Schedule E: No Parking At All Times, be amended to include the following: On the Northern curbline between 153 Eastwood Avenue to 147 Eastwood Avenue On the Southern curbline between 140 Eastwood Avenue to 2602 Dunham Road On the Eastern curbline between 2603 Dunham Road to a point 30 feet East of the Stop sign in front of 2601 Dunham Road Each curbline of the Traffic Island on Dunham Road and Eastwood Avenue (Added 12/06/2023) BE IT FURTHER ORDAINED, that the proper signage be erected. 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