Common Council Meeting Minutes

City of Utica Common Council – Special Meeting May 1, 2023 The meeting is called to order at 4:00 P.M. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk Michael Galime, Common Council President Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Celeste Friend, 3rd District Councilmember; 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 & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Ed Noonan, Deputy Chief, UPD; Derek Crossman, City Planner; Brian Thomas, Commissioner, UED 7 Speakers signed up for Public Comment Period A motion to introduce PRO. RES. 1 – REQUESTING THE CITY OF UTICA TO APPLY FOR A GRANT WITH U.S. DOT FOR A FY 2023 SAFE STREETS AND ROADS FOR ALL (SS4A) DISCRETIONARY GRANT AND CONDUCT A COMPREHENSIVE SAFETY ACTION PLAN FOR THE CITY OF UTICA made by Councilmember Colosimo-Testa Motion seconded by Councilmember Williamson A motion to place Pro. Res. 1 in Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Placed in Committee of the Whole A motion to reconsider PRO. ORD. 14 – ORDINANCE ADDING A NEW TRAFFIC SCHEDULE dated 4/19/2023 made by Councilmember Ervin Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Moved to the floor for Reconsideration Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Adopted as Ordinance #102 of 2023 A motion to reconsider PRO. ORD. 15 – ORDINANCE AMENDING LANE DESIGNATIONS dated 4/19/2023 made by Councilmember Ervin Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Moved to the floor for Reconsideration Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Adopted as Ordinance #103 of 2023 A motion to reconsider PRO. ORD. 17 – ORDINANCE AMENDING TRUCK ZONE dated 4/19/2023 made by Councilmember Ervin Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Moved to the floor for Reconsideration Ayes: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Adopted as Ordinance #104 of 2023 A motion to reconsider PRO. ORD. 16 – ORDINANCE ADDING A NEW TRAFFIC SCHEDULE dated 4/19/2023 made by Councilmember Colosimo-Testa Motion seconded by Councilmember Aiello Ayes: Aiello, Friend, Betrus, Williamson, Colosimo-Testa, DiBrango – 6 Nays: Burmaster, Meola, Ervin – 3 Moved to the floor for Reconsideration Ayes: Aiello, Friend – 2 Nays: Burmaster, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 7 Defeated A motion to adjourn made by Councilmember Meola Motion seconded by Councilmember DiBrango President Galime Adjourned: 4:42 P.M.  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 04 / 26 / 23 Proposed Resolution No. 1 Sent to Council Attorney on: 04 / 26 / 23 Thursday Rule Waiver Required? N Date of Legislation: 05 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa REQUESTING THE CITY OF UTICA TO APPLY FOR A GRANT WITH U. S. DOT FOR A FY 2023 SAFE STREETS AND ROADS FOR ALL (SS4A) DISCRETIONARY GRANT AND CONDUCT A COMPREHENSIVE SAFETY ACTION PLAN FOR THE CITY OF UTICA WHEREAS, the Infrastructure Investment and Jobs Act (Public Law 117-58, also referred to as the “Bipartisan Infrastructure Law” or “BIL”) authorized and appropriated funds for FY 2023 for the Safe Streets and Roads for All (SS4A) Discretionary Grant Program; and WHEREAS, the purpose of SS4A grants is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and implementation focused on all user, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micro mobility users, and commercial vehicle operators; and WHEREAS, the city of Utica should apply for the grant to get a comprehensive study completed for the Genesee Street Corridor and, WHEREAS, the following activities are eligible for the SS4A program: • Develop or update a comprehensive safety action plan (Action Plan). This includes: o Developing an Action Plan; o Conducting supplemental planning in support of an Action Plan; and o Carrying out demonstration activities in support of an Action Plan. • Conducting planning, design, and development activities for projects and strategies identified in an Action Plan. • Carry out projects and strategies identified in an Action Plan WHEREAS, Communities can use Planning and Demonstration Grants to develop or complete an Action Plan, conduct supplemental planning, and/or conduct demonstration activities that will inform the development of an Action Plan. The comprehensive safety action plan that a Safe Streets and Roads for All grant funds includes the following key components: • Leadership commitment and goal setting that includes a goal timeline for eliminating roadway fatalities and serious injuries. • Planning structure through a committee, task force, implementation group, or similar body charged with oversight of the Action Plan development, implementation, and monitoring. • Safety analysis of the existing conditions and historical trends that provides a baseline level of crashes involving fatalities and serious injuries across a jurisdiction, locality, Tribe, or region.  • Engagement and collaboration with the public and relevant stakeholders, including the private sector and community groups, that allows for both community representation and feedback. • Equity considerations developed through a plan using inclusive and representative processes. • Policy and process changes that assess the current policies, plans, guidelines, and/or standards to identify opportunities to improve how processes prioritize transportation safety. • Strategy and project selections that identify a comprehensive set of projects and strategies, shaped by data, the best available evidence and noteworthy practices, as well as stakeholder input and equity considerations, that will address the safety problems described in the Action Plan. • Progress and transparency methods that measure progress over time after an Action Plan is developed or updated, including outcome data. NOW THEREFORE BE IT RESOLVED, that the common council does hereby apply for the grant to get a true comprehensive study for what best suits the City of Utica. BE IT FURTHER RESOLVED, that the fiscal year (FY) 2023 Notice of Funding Opportunity (NOFO) for Safe Streets and Roads for All grants is live on Grants.gov and open for applications. The deadline for applications is 5:00 p.m. (EDT) Monday, July 10, 2023. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller, Engineering Ordinance: 102 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello May 1, 2023 Ordinance Adding a New Traffic Schedule WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, that Chapter 2-16, Article IX of the Utica Code of Ordinances shall be amended by adding Section 2-16-385, entitled “Schedule AD: Traffic Lane Reduction/Addition”, to read as follows: The following streets, avenues and boulevards have a traffic lane modification: Genesee Street, from Oriskany Street to Cottage Place reduced from 2 lanes to 1 lane of traffic in each direction FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango - 4 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 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering Ordinance: 103 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello May 1, 2023 Ordinance Amending Lane Designations WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, §2-16-382 of the Utica City Code regarding lane designations is hereby amended to include the following: Genesee Street, turning left onto Cottage place Genesee Street, turning right onto Dakin Street Genesee Street, turning right onto Cornelia Street Genesee Street, turning left onto Washington Street Genesee Street, turning left onto Bank Place Genesee Street, turning left onto Washington Lane Genesee Street, turning left onto Blandina Street Genesee Street, turning left onto Columbia Street Genesee Street, turning left onto Elizabeth Street Genesee Street, turning left onto Lafayette Street Genesee Street, turning left onto Bleecker Street Genesee Street, turning left onto Oriskany Street FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango - 4 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 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering Ordinance: 104 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello May 1, 2023 Ordinance Amending Truck Zone WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, §2-16-383 of the Utica City Code of Ordinances regarding truck zone is hereby amended to include the following: Genesee Street, center lane between Court Street and Washington Street, for loading and unloading Genesee Street, center lane between Bank Place and Blandina Street, for loading and unloading Genesee Street, center lane between Elizabeth Street and Bleecker Street, for loading and unloading FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin – 5 Nays: Betrus, Williamson, Colosimo-Testa, DiBrango - 4 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 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Aiello Proposed Ordinance No. 16 Submitted to council on: 04 / 18 / 23 Proposed Resolution No. Sent to Council Attorney on: 04 / 18 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 19 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello Ordinance Adding a New Traffic Schedule WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186-page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and NOW, BE IT ORDAINED, by the Common Council for the City of Utica, that Chapter 2-16, Article IX of the Utica Code of Ordinances shall be amended by adding Section 2-16-386, entitled “Schedule AE: Bicycle Lanes”, to read as follows: Bike lanes are a portion of a roadway that has been delineated and marked for the use of bicycles, not including any lane specifically marked for the shared use of bicycles and motor vehicles. There shall be no parking, standing or stopping vehicles within designated bike lanes. The following are bike lanes: Genesee street, from Oriskany Street to Cornelia Place. A lane 5 feet in width, per Highway Design Manual Chapter 17 – Section 17.4.3, on the easterly side flowing northbound on Genesee Street and a lane 5 feet in width on the westerly side flowing southbound on Genesee street. FURTHER ORDAINED, that the proper pavement markings be erected where necessary Motion to pull from Committee of the Whole – Councilmember Aiello Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola – 4 Nays: Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 5 Defeated