Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting May 18th, 2022 The meeting is called to order at 7:01p.m. To view the legislation referenced in the below minutes, please click the Melissa Sciortino, City Clerk; highlighted link. A full list of legislation can Andrew Castilla, Deputy City Clerk be found below, following the minutes. To search for a specific word or phrase, click Michael Galime, Common Council President the F key while holding down the control key. Type the desired word or phrase into Present: Katie Aiello, 1st District Councilmember; the text box. To view the full recorded Robert Burmaster, 2nd District Councilmember; Common Council Meeting, please visit the Celeste Friend, 3rd District Councilmember; City of Utica Youtube page. Frank Meola, 4th District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Frank DiBrango, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Stan Fernalld, UPD Scott Ingersoll, Fire Chief; Marquis Phillips, Commissioner of Codes A motion to waive the minutes from the previous meeting made by Councilmember Friend The motion is seconded by Councilmember DiBrango None opposed: Minutes waived One speaker signed up for public comment President Galime read the Mayors Message PRO. ORD. 1 - NO PARKING – COVENTRY AVE A motion by Councilmember Betrus to move Pro. Ord. 1 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #41 of 2022 PRO. RES. 2 - AUTHORIZE BEER AND WINE FOR THE UTICA ZOO A motion by Councilmember Meola to move Pro. Res. 2 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 3 - AUTHORIZE BEER AND WINE FOR THE UTICA ZOO A motion by Councilmember Meola to move Pro. Res. 3 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 4 - 811 DIG E & A TRANSFER A motion by Councilmember Meola to move Pro. Ord. 4 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #42 of 2022 PRO ORD. 5 - COMPTROLLER SALARIES A motion by Councilmember Meola to move Pro. Ord. 5 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #43 of 2022 PRO. RES. 6 - BOARD OF ASSESSMENT AND REVIEW APPOINTMENT A motion by Councilmember Meola to move Pro. Res. 6 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 7 - AMENDING THE COMPOSITION OF THE BUREAU OF FIRE A motion by Councilmember Colosimo-Testa to commit Pro. Ord. 7 Motion seconded by Councilmember Williamson Ayes: Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 5 Nays: Aiello, Burmaster, Friend, Meola – 4 Committed A motion by Councilmember Colosimo-Testa calling for a special meeting on Monday, May 23rd at 430pm to discuss PRO. ORD. 7 - AMENDING THE COMPOSITION OF THE BUREAU OF FIRE, PRO. ORD 8 – RESCIND SEC. 2-16- 136 SPEED LIMITS GENERALLY, PRO ORD. 9 – RESCIND SEC. 2-16-137 EXCEEDING ESTABLISHED SPEED LIMITS, PRO. ORD. 10 – RESCIND SEC. 2-16-369 SCHEDULE N SPEED LIMITS, PRO. ORD. 13 – REPLACE SEC. 2-16-136 SPEED LIMITS GENERALLY Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 7 Nays: Friend, Meola Councilmembers DiBrango and Betrus request to be added as sponsors of PRO. ORD. 7 – AMENDING THE COMPOSITION OF THE BUREAU OF FIRE A motion by Councilmember Friend to waive the Thursday Rule for all pieces Motion seconded by Councilmember Meola None opposed Councilmember Betrus requests to be added as a sponsor to PRO. ORD 8 – RESCIND SEC. 2-16-136 SPEED LIMITS GENERALLY, PRO ORD. 9 – RESCIND SEC. 2-16-137 EXCEEDING ESTABLISHED SPEED LIMITS, PRO. ORD. 10 – RESCIND SEC. 2-16-369 SCHEDULE N SPEED LIMITS, PRO. ORD. 13 – REPLACE SEC. 2-16-136 SPEED LIMITS GENERALLY PRO. ORD. 8 – RESCIND SEC. 2-16-136 – SPEED LIMITS GENERALLY A motion by Councilmember Colosimo-Testa to commit Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Committed PRO. ORD. 9 - RESCIND SEC. 2-16-137 – EXCEEDING ESTABLISHED SPEED LIMITS A motion by Councilmember Colosimo-Testa to commit Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Committed PRO. ORD. 10 – RESCIND SEC. 2-16-369 - SCHEDULE N SPEED LIMITS A motion by Councilmember Colosimo-Testa to commit Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9  Nays: 0 Committed PRO. ORD. 11 – REPLACE SEC. 2-16-136 - SPEED LIMITS GENERALLY has been replaced with PRO. ORD. 13 – REPLACE SEC. 2-16-136 - SPEED LIMITS GENERALLY as discussed in Pre-Meeting Conference PRO. RES. 12 – FLOOD MITIGATION APPOINTMENT A motion by Councilmember Williamson to move Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted The Common Council is awaiting the Mayoral Appointment to the FMTF, they are hopeful for a decision this week. June 8th is the tentative date for the first meeting. No time has been set. PRO. ORD. 13 – REPLACE SEC. 2-16-136 – SPEED LIMITS GENERALLY A motion by Councilmember Colosimo-Testa to commit Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Committed INTRODUCTION OF LOCAL LAW #3 – AMENDING SECTION 5.022 OF THE CITY OF UTICA CHARTER A motion by Councilmember Meola to commit Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Committed Councilmember DiBrango announced that the three applicants to the Civilian Public Safety Board will be interviewed at the next Committee of the Whole meeting on June 1st at 430 Motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Colosimo-Testa President Galime Adjourned: 7:46P.M Certify To: Budget, Comptroller, Law, Sign Shop Ordinance: 41 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmember Betrus ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times, be amended to include the following: Sec. 2-16-360 Schedule E: No parking at all times. West side of Coventry Ave. from the front of 447 Coventry Ave. southbound to Servis Pl. FURTHER ORDAINED, that the proper signage be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 1 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Utica Zoo Name of Event: Brewfest Date of Event: Saturday, August 6th 2022. 6pm to 9pm Location of Event: Utica Zoo 1 Utica Zoo Way Utica, NY 13501 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 2 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Utica Zoo Name of Events: Sunset Sips Date of Events: Friday - July 8th, July 15th, July 22nd, July 29th, August 5th, August 12th, August 19th, August 26th - 2022. 5PM to 730PM Location of Event: Utica Zoo 1 Utica Zoo Way Utica, NY 13501 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller Ordinance: 42 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola, Williamson ORDAINED, 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 $ 22,506.00 A51440-463 Engineering - Gas & Oil $ 417.00 To: A51440-411 Engineering - Contractual 811 $ 22,923.00 Explanation for Transfer: To adjust for unexpected 811 Dig Safely Services. A55650-102 Original Budget: $ 142,306.00 Revised Budget with Transfer $ 48,100.00 Transfers in: $ - Transfers out: $ 71,700.00 Expended & Encumbered: $ 48,099.75 Balance before Transfer: $ 122,149.52 Percent Used (Original Budget): 33.80% Percent Used (Revised Budget): 100.00% A51440-463 Original Budget: $ 6,500.00 Revised Budget with Transfer $ 6,083.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 4,753.69 Balance before Transfer: $ 122,149.52 Percent Used (Original Budget): 73.13% Percent Used (Revised Budget): 78.15% A51440-411 Original Budget: $ - Revised Budget with Transfer $ 228,005.00 Transfers in: $ 228,005.00 Transfers out: $ - Expended & Encumbered: $ 228,480.00 Balance before Transfer: $ (475.00) Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 100.21% Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller Ordinance: 43 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola, Williamson ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A51315-102 Comptroller - Wages $ 2,500.00 A51315-451 Comptroller - Leases $ 1,000.00 A51420-101 Law - Salaries $ 62,630.00 To: A51315-101 Comptroller - Salaries $ 62,446.00 A51315-802 Comptroller - Social Security $ 3,684.00 Explanation for Transfer: To adjust for year-end salary accruals, CSEA contract settlement & error in longevity A51315-102 Original Budget: $ 2,500.00 Revised Budget with Transfer $ - Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ 2,500.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A51315-451 Original Budget: $ 10,000.00 Revised Budget with Transfer $ 9,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 8,901.12 Balance before Transfer: $ 1,098.88 Percent Used (Original Budget): 89.01% Percent Used (Revised Budget): 98.90% A51420-101 Original Budget: $ 535,169.00 Revised Budget with Transfer $ 542,539.00 Transfers in: $ 70,000.00 Transfers out: $ - Expended & Encumbered: $ 534,084.35 Balance before Transfer: $ 71,084.65 Percent Used (Original Budget): 182.29% Percent Used (Revised Budget): 98.44% A51315-101 Original Budget: $ 680,561.00 Revised Budget with Transfer $ 741,007.00 Transfers in: $ - Transfers out: $ 2,000.00 Expended & Encumbered: $ 741,006.09 Balance before Transfer: $ (62,445.09) Percent Used (Original Budget): 118.51% Percent Used (Revised Budget): 100.00% A51315-802 Original Budget: $ 52,254.00 Revised Budget with Transfer $ 55,938.00  Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 55,936.54 Balance before Transfer: $ (3,682.54) Percent Used (Original Budget): 118.51% Percent Used (Revised Budget): 100.00% Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola BOARD OF ASSESSMENT AND REVIEW APPOINTMENT RESOLVED, that pursuant to Section 523 of the Real Property Tax Law, the following person is hereby appointed as a member of the Board of Assessment and Review to complete a five year term that was held by Joseph A. Falcone. Due to resignation, such term shall start on May 18th, 2022 and expire on September 30, 2023: Rosemary A. Talarico 1109 Parkway East Utica, NY 13501 Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 ____________________________________________________________________________ City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 7 Submitted to council on: 5 / 11 / 22 Proposed Resolution No. Sent to Council Attorney on: 5 / 11 / 22 Thursday Rule Waiver Required? N Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, DiBrango, Betrus AMENDING THE COMPOSITION OF THE BUREAU OF FIRE FOR THE CITY OF UTICA, NEW YORK BE IT ORDAINED, that the Common Council of the City of Utica, New York does hereby amend Sec. 2-2- 168 (a) of the City of Utica Code of Ordinances to read as follows: Sec. 2-2-168. Fire Department Composition. (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following members and ranks: Rank Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance Superintendent 1 Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshal 1 Fire Lieutenants 22 26 Firefighters & Firefighters/EMT 85 Total 124 128 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 _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 8 Submitted to council on: 5/ 17 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 17 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, Betrus BE IT ORDAINED, that Sec. 2-16-136 SPEED LIMITS GENERALLY be rescinded to include the following: Sec. 2-16-136 SPEED LIMITS GENERALLY (Code 1964, § 17-103) The driver of any vehicle shall not drive or operate the vehicle on any of the public streets of the City at a rate of speed greater than 30 miles per hour except in school zones where the rate of speed shall be 15 miles per hour and except as otherwise provided. 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- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 9 Submitted to council on: 5/ 17 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 17 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, Betrus BE IT ORDAINED, that Sec. 2-16-137 EXCEEDING ESTABLISHED SPEED LIMITS be rescinded to include the following: Sec. 2-16-137 EXCEEDING ESTABLISHED SPEED LIMITS [Code 1964, § 17-104] No person shall operate a vehicle on any highway or private road open to public motor vehicle traffic at a rate of speed in excess of the maximum speed established in this article and in Section 2-16-369. 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- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 10 Submitted to council on: 5/ 17 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 17 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, Betrus BE IT ORDAINED, that Sec. 2-16-369 SCHEDULE N: SPEED LIMITS be rescinded to include the following: Sec. 2-16-369 SCHEDULE N: SPEED LIMITS [Code 1964, § 17-266] Ord. No. 342 of 1989, 7-5-1989; Ord. No. 343 of 1989, 7-5-1989; Ord. No. 350 of 1989, 7-5-1989; Ord. No. 434 of 1989, 11-1-1989; Ord. No. 447 of 1989, 11-15-1989; Ord. No. 187 of 1990, 4-18-1990; Ord. No. 197 of 1990, 5-2-1990; Ord. No. 273 of 1990, 8-22- 1990; Ord. No. 276 of 1990, 8-22-1990; Ord. No. 284 of 1990, 9-5-1990; Ord. No. 309 of 1990, 9-19-1990; Ord. No. 80 of 1991, 6-5-1991; Ord. No. 17, 2-1-1995; Ord. No. 30, 3-6-1996; Ord. No. 94, 5-7-1997; Ord. No. 98, 6-20-2001] Upon the basis of engineering and traffic investigations, 25 miles per hour is established as the maximum speed at which vehicles may proceed within the corporate limits of the City, on the highways listed below except where a different speed is indicated below: Adrean Terrace East and Adrean Terrace West, 20 miles per hour Arthurs Street from Mohawk Avenue to Conkling Avenue Auburn Avenue, from Genesee Street to Holland Avenue Barton Avenue, in the vicinity of Notre Dame Elementary, located at 11 Barton Avenue, 15 miles per hour for eastbound and westbound traffic [Added 8-17-2016 by Ord. No. 191; amended 8-17-2016 by Ord. No. 192] Boyce Avenue Broad Street, from Culver Avenue to east City line, 35 miles per hour Brookline Drive, from Genesee Street to Sunnyside Drive Chenango Road, from the intersection of the West Shore Railroad tracks southwest to the City line, 15 miles per hour Coolidge Road and Booth Street, in vicinity of Thomas Jefferson School Court Street to Warren Street, on the York Street side of Kernan School, 15 miles per hour Culver Avenue, from Broad Street to Albany Street, 30 miles per hour Cypress Street [Added 10-2-2013 by Ord. No. 253] Deerfield Drive East, in the vicinity of JFK Junior High School Dudley Avenue, 1500 block French Road from Chenango Road to Genesee Street Genesee Street, from Carlile Avenue to south City line, 30 miles per hour Herkimer Road, from Elmhurst Road to east City line, 35 miles per hour Jewett Place from Oneida Street to Genesee Street Kensington Drive from Edgewood Road to Oneida Street Keyes Road, in the vicinity of General Herkimer Elementary School, 15 miles per hour (NOTE: This area is a school zone and the safety of the pedestrian and vehicular traffic is paramount.) [Added 3-20-2013 by Ord. No. 62] Leland Avenue, for a distance of 200 feet, north and south, approaching the bridge spanning the Mohawk River, 20 miles per hour Lorraine Avenue Notre Dame Lane Oneida Street, from Mason Road to south City line, 30 miles per hour Oneida Street, from Van Vorst Street to the Memorial Parkway [Added 3-2-2016 by Ord. No. 29] Oriskany Street West, from Jason Street to west City line, 35 miles per hour Park Edge Estates, 20 miles per hour Parkway, from Albany Street to Sherman Drive, 30 miles per hour Proctor Boulevard [Added 10-16-2013 by Ord. No. 258] Rhoads Drive in the Utica Business Park, 25 miles per hour [Added 1-2-2014 by Ord. No. 21] Ridge Road, from 103 Ridge Road to 137 Ridge Road Riverside Drive, from Wells Place to west City line, 30 miles per hour  St. Agnes Avenue [Added 11-6-2013 by Ord. No. 270; repealed 7-8-2015 by Ord. No. 136] Seymour Avenue extension, located between Memorial Parkway and Pleasant Street having direct access to the Utica Zoo, 15 miles per hour Seymour Avenue, 1500 block Steuben Street, 1500 block Tamarack Street [Added 10-2-2013 by Ord. No. 253] Washington Court, starting opposite Washington Street and coming out at Broadway, 20 miles per hour Woodhaven Road Woodlawn Avenue, East . 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- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 11 Submitted to council on: 5/ 17 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 17 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa BE IT ORDAINED, that Sec. 2-16-136 SPEED LIMITS GENERALLY be replaced to include the following: Sec. 2-16-136 SPEED LIMITS GENERALLY The driver of any vehicle shall not drive or operate a vehicle on any of the public streets of the City at a rate of speed greater than 30 miles per hour except as otherwise provided below in section A & B of this section: A. SCHOOL ZONES A 15mph speed limit will be enforced in the vicinity of all school zones in the City of Utica and are listed below: (NOTE: These areas listed below are in a school zone, and the safety of the pedestrian and vehicular traffic is paramount.) Thomas R. Proctor High School 1203 Hilton Ave Notre Dame Junior Senior High School 2 Notre Dame Ln Senator Donovan Middle School 1701 Noyes St John F. Kennedy Middle School 500 Deerfield Dr E Watson Williams Elementary School 107 Elmwood Pl Dr Martin Luther King Jr Elementary School 211 Square St Kernan Elementary School 929 York St John F Hughes Elementary School 24 Prospect St Hugh R Jones Elementary School 2630 Remington Rd Albany Elementary School 1151 Albany St Columbus Elementary School 934 Armory Dr Jefferson Elementary School 190 Booth St Conkling School 1115 Mohawk St General Herkimer Elementary School 420 Keyes Rd Notre Dame Schools 11 Barton Ave B. EXCEPTIONS A list of city roads that have a specific speed in city limits, that are not in a school zone: 15mph Chenango Road, from the intersection of the West Shore Railroad tracks southwest to the City line Seymour Avenue extension, located between Memorial Parkway and Pleasant Street having direct access to the Utica Zoo 20 mph Adrean Terrace East and Adrean Terrace West Leland Avenue, for a distance of 200 feet, north and south, approaching the bridge spanning the Mohawk River Oneida Street, from Van Vorst Street to the Memorial Parkway Park Edge Estates Washington Court, starting opposite Washington Street and coming out at Broadway Washington Court, starting opposite Washington Street and coming out at Broadway 25mph Rhoads Drive in the Utica Business Park 35mph Broad Street, from Culver Avenue to east City line Herkimer Road, from Elmhurst Road to east City line Oriskany Street West, from Jason Street to west City line  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- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller Resolution: 4 City of Utica Department of Legislation In Common Council May 18, 2022 Sponsored by: Councilmembers Meola Sponsored by: Councilmembers Meola, Williamson RESOLVED, APPOINTING THE FOLLOWING MEMBER TO THE FLOOD MITIGATION TASK FORCE. Explanation: Replacing Paul Romano James Genovese 200 Elizabeth Street Utica, NY 13501 Pursuant to Membership of the FMTF shall be as follows: (1) 7 Members. Three members to be appointed by the Utica Common Council. Four members to be appointed by the Mayor - one from the engineering/sewer department, one from public works, one member from the planning department, and one mayoral designee to report for the Administration. (2) Members shall be appointed based upon the appointee's experience in storm water management, hydrological study, social services, emergency services, real estate, financial management, engineering expertise, and/or flood impacts to neighborhoods and commercial property. (3) Appointments shall be made not later than one month after approval of this legislation. (4) If a member of the advisory group subsequently resigns or fails to serve, the vacancy shall be reappointed by the original appointer subject to approval by the City Council. A member fails to serve if they miss three (3) consecutive meetings or one-third of the meetings held in a twelve-month period. Membership may not exceed 20. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 23rd day of May, 2022 ____________________________________________________________________________ City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 13 Submitted to council on: 5/ 17 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 17 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, Betrus BE IT ORDAINED, that Sec. 2-16-136 SPEED LIMITS GENERALLY be replaced to include the following: Sec. 2-16-136 SPEED LIMITS GENERALLY The driver of any vehicle shall not drive or operate a vehicle on any of the public streets of the City at a rate of speed greater than 30 miles per hour except as otherwise provided below in section A & B of this section: A. SCHOOL ZONES A 15mph speed limit will be enforced in the vicinity of all school zones in the City of Utica and are listed below: (NOTE: These areas listed below are in a school zone, and the safety of the pedestrian and vehicular traffic is paramount.) Thomas R. Proctor High School 1203 Hilton Ave Notre Dame Junior Senior High School 2 Notre Dame Ln Senator Donovan Middle School 1701 Noyes St John F. Kennedy Middle School 500 Deerfield Dr E Watson Williams Elementary School 107 Elmwood Pl Dr Martin Luther King Jr Elementary School 211 Square St Kernan Elementary School 929 York St John F Hughes Elementary School 24 Prospect St Hugh R Jones Elementary School 2630 Remington Rd Albany Elementary School 1151 Albany St Columbus Elementary School 934 Armory Dr Jefferson Elementary School 190 Booth St Conkling School 1115 Mohawk St General Herkimer Elementary School 420 Keyes Rd Notre Dame Schools 11 Barton Ave B. EXCEPTIONS A list of city roads that have a specific speed in city limits, that are not in a school zone: 15mph Chenango Road, from the intersection of the West Shore Railroad tracks southwest to the City line Seymour Avenue extension, located between Memorial Parkway and Pleasant Street having direct access to the Utica Zoo Brookline Drive, from Genesee Street to Sunnyside Drive Cypress Street Dudley Avenue, 1500 block French Road from Chenango Road to Genesee Street Kensington Drive from Edgewood Road to Oneida Street Lorraine Avenue Proctor Boulevard Ridge Road, from103 Ridge Roadto137 Ridge Road Seymour Avenue, 1500block Tamarack Street 20 mph Adrean Terrace East and Adrean Terrace West Leland Avenue, for a distance of 200 feet, north and south, approaching the bridge spanning the Mohawk River Oneida Street, from Van Vorst Street to the Memorial Parkway Park Edge Estates Washington Court, starting opposite Washington Street and coming out at Broadway 25mph Rhoads Drive in the Utica Business Park Brookline Drive, from Genesee Street to Sunnyside Drive Cypress Street Dudley Avenue, 1500 block French Road from Chenango Road to Genesee Street Kensington Drive from Edgewood Road to Oneida Street Lorraine Avenue Proctor Boulevard Ridge Road, from103 Ridge Roadto137 Ridge Road Seymour Avenue, 1500block Tamarack Street 35mph Broad Street, from Culver Avenue to east City line Herkimer Road, from Elmhurst Road to east City line Oriskany Street West, from Jason Street to west City line  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- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Assessor Proposed Ordinance No. Submitted to council on: 5/ 18 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 18 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson A LOCAL LAW AMENDING SECTION 5.022 OF THE UTICA CITY CHARTER TO CHANGE THE TAXABLE STATUS DATE FOR THE CITY OF UTICA FROM AUGUST 1ST TO MARCH 1ST. Presented and read on __________________. Adopted by the Common Council by a vote of Yeas ___ and Nays ___, on ___________________, Became a Local Law with the approval of the Mayor on ________________________, after a public hearing on ____________________. BE IT ENACTED, by the Common Council of the City of Utica: SECTION ONE. Section 5.022 of the Utica City Charter is hereby amended to read as follows: Sec. 5.022. Preparation, review of assessment rolls. In the manner provided in the Real Property Tax Law or other general laws of the state, relative to the listing, valuation and assessment of property for purposes of taxation, the Assessor shall proceed to make, correct, review, complete and verify the assessment rolls for the City. The taxable status of real property in the City shall be determined annually as of August 1 March 1. The annual assessment of property in the City for the succeeding fiscal year shall be made by the Assessor by August 1 March 1 and the tentative assessment rolls shall be completed on or before August 10 May 1. The Assessor shall cause the notice of completion of tentative assessment roll to be published as required by law. The notice shall specify a day, not less than 10 days from the completion of the assessment roll, the fourth Tuesday in May as the date on which the Board of Assessment and Review shall meet to hear complaints in relation to assessments. Such day shall be known as grievance day. Upon the day so designated, the Board of Assessment and Review shall meet and act in conformity with the notice. Upon the  completion and verification of the final assessment roll, it shall be filed, on or before October 1 July 1 with the City Clerk, there to remain ten (10) days for public inspection. A separate assessment roll shall be made for each ward prepared as prescribed by the Real Property Tax Law, except that it shall contain a column for the insertion of the City tax. Upon levy of the City tax by the Common Council, the Assessor shall make one copy of each of the rolls containing the City tax and deliver same to the City Treasurer. SECTION TWO: This local law shall become effective for March 1, 2023 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime