Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting May 3rd, 2023 The meeting is called to order at 7:03 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; 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; LT. Ashley Berger, UPD; Scott Ingersoll, Fire Chief; Brian Thomas, Commissioner of Urban and Economics A motion to waive the reading of the minutes from the previous meeting made by Councilmember Friend The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 0 Speakers signed up for Public Hearing 0 Speakers signed up for Public Comment Period A motion to pull PRO ORD. 11 ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF A PORTION OF CORNELIA STREET from Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember at Large Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted as Ordinance #105 of 2023 A motion to pull PRO. ORD. 7 – SALE OF 921 BLANDINA STREET from Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted as Ordinance #106 of 2023 A motion to pull PRO. ORD. 9 – SALE OF 318-22-3-2 WHITESBORO STREET from Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO RES. 1 - AUTHORIZING SALE OF WINE AND BEER TO JEWEISH COMMUNITY FEDERATION OF THE MOHAWK VALLEY A motion made by Councilmember Friend to move Pro. Res.1 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO.RES. 2 – AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO WINE IN THE WILDERNESS A motion made by Councilmember Friend to move Pro. Res.2 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES. 3 – – AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO SUNSET SIPS A motion made by Councilmember Friend to move Pro. Res.3 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES. 4 – – AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO BREWFEST A motion made by Councilmember Friend to move Pro. Res.4 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES. 5 – – AUTHORIZING SALE OF WINE AND BEER TO UTICA CENTER FOR DEVELOPMENT A motion made by Councilmember Friend to move Pro. Res.5 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES.6 – – AUTHORIZING SALE OF WINE AND BEER TO SAINT MARY OF MOUNT CARMEL/BLESSED SACRAMENT PARISH A motion made by Councilmember Friend to move Pro. Res.6 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES.7 – – AUTHORIZING SALE OF WINE AND BEER TO MARY, MOTHER OF OUR SAVIOR PARISH A motion made by Councilmember Friend to move Pro. Res.7 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. RES.8 – – AUTHORIZING SALE OF WINE AND BEER TO SANTA ROSALIA SOCIETY A motion made by Councilmember Friend to move Pro. Res.8 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. ORD.9– – E&A TRANSFER 2022-2023 FISCAL YEAR A motion made by Councilmember Friend to move Pro. Ord.9 Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. ORD. 3 –ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE A motion made by Councilmember Colosimo-Testa to pull Pro. Ord. 3 out of Committee of the Whole Motion seconded by Councilmember Betrus None Opposed A motion to amend Pro. Ord. 3 made by Councilmember Colosimo-Testa to strike Immediately and add July 1st. 2023 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9  Nays: 0 Adopted PRO. ORD. 4 –ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE A motion made by Councilmember Colosimo-Testa to pull Pro. Ord. 4 out of Committee of the Whole Motion seconded by Councilmember Friend None Opposed A motion to amend Pro. Ord. 4 made by Councilmember Colosimo-Testa to strike Immediately and add July 1st. 2023 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO.RES. 1 –ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE A motion made by Councilmember Colosimo-Testa to Discharge Pro. Res.1 out of Committee of the Whole Motion seconded by Councilmember Meola None Opposed- Discharged INTO L.L #1 of 2022- -REGISTRATION AND POSTING OFOWNER & MANAGER INFO & DEISGNATION OF AGENT A motion made by Councilmember Colosimo-Testa to Discharge Intro L.L #1 of 2022 out of Committee of the Whole Motion seconded by Councilmember Meola None Opposed- Discharged PRO. ORD. 2 OF 2022 ORDINANCE AMENDING THE COMPOSITION OF THE BUREAU OF FIRE A motion made by Councilmember Meola to Discharge Pro. Ord. 2 of 2022 out of Committee of the Whole Motion seconded by Councilmember Friend None Opposed- Discharged 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 A motion made by Councilmember Colosimo-Testa to move Pro. Res.1 out of Committee of the Whole Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. ORD. 4 –ONE WAY KENT STREET A motion made by Councilmember Aiello to pull Pro. Ord. 4 out of Committee of the Whole Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango –9 Nays: 0 Adopted PRO. ORD.21 AMENDING SECTION 2.13-53 A motion made by Councilmember Friend to Discharge Pro. Ord. 21 out of Committee of the Whole Motion seconded by Councilmember Meola None Opposed- Discharged A motion to adjourn made by Councilmember Friend Motion seconded by Councilmember Meola President Galime Adjourned: 7:26 P.M. Certify To: Budget, Comptroller, Law Ordinance: 105 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 03, 2023 ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF A PORTION OF CORNELIA STREET WHEREAS, the parcel of real property described below has been listed as a City street on the official map of the City of Utica, and WHEREAS, this parcel has been determined to be unsuitable for municipal purposes, and WHERAS, it is in the best interest of the City that such parcel shall be discontinued for street purposes and the property be sold to the adjoining landowner, and WHEREAS, a public hearing was held pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General City Law and Section 9.005 of the Charter of the City of Utica on May 3rd, 2023 and WHEREAS, the Planning Board has submitted no objection or the time to submit any objections to this matter has expired. ORDAINED: that the City of Utica hereby discontinues the use of the property described below as a City Street. All that piece or parcel described as follows: Beginning at a point on the easterly highway boundary of Cornelia Street, said point standing at the intersection of the easterly highway boundary of Cornelia Street, with the northerly highway boundary of Lafayette Street; thence N68°19’33”W 37.33 feet to a point standing on the westerly highway boundary of Cornelia Street; thence N21°51’31”E 72.90 feet along the westerly highway boundary of Cornelia Street to a point; thence S68°21’08”E 36.77 feet a to a point standing on the easterly highway boundary of Cornelia Street; thence S21°25’17”W 72.92 feet along the easterly highway boundary of Cornelia Street to the point and place of beginning. The above described parcel containing 0.06± acre (2,701.1± sq. ft.) of land more or less. Discontinuance subject to any and all easements of record or assumed including utilities and rights-of-ways. Excepting and reserving therefrom any and all easements and rights-of-way as determined by the City Deputy Engineer. and it is FURTHER ORDAINED, that pursuant to Section 9.005 (b) of the City Charter, the Mayor is authorized to sell the property herein abandoned directly, upon approval of the Board of Estimate and Apportionment, for the price recommended by the City Assessor as the sum determined to properly compensate the City. The owners of contiguous lands shall have not more than ninety (90) days from the mailing of written notice to them within which to exercise their rights under Section 9.005(b).  Such conveyances shall be by quitclaim deed, with no warranties or representations made by the City of Utica. Purchasers shall bear all recording costs. The parcels so sold shall be consolidated with the existing adjacent parcel, and it is FURTHER ORDAINED, that the official map of the City of Utica is hereby amended and the City Engineer is hereby authorized and directed to cause all copies of the official map of the City of Utica and the tax map of the City of Utica to be amended in accordance with this Ordinance. FURTHER ORDAINED, that Ordinance No. 69 of 2022 is hereby rescinded, repealed and annulled. 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 106 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Meola May 03, 2023 Ordinance approving the designation of Hezam Mubarez as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 921 Blandina Street WHEREAS, The Utica Urban Renewal Agency has acquired 921 Blandina Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Hezam Mubarez; and the developer proposes to purchase 921 Blandina Street to renovate for primary residence for himself and his family; and the purchase will require the payment of $5,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, May 3, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $5,000.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 107 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello May 03, 2023 Ordinance approving the designation of Willie Smith as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.22-3-2 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.22-3-2 Whitesboro Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Willie Smith; and the developer proposes to purchase 318.22-3-2 Whitesboro Street to landscape for his adjacent property; and the purchase will require the payment of $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, May 3, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO JEWISH COMMUNITY FEDERATION OF THE MOHAWK VALLEY 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: Jewish Community Federation of the Mohawk Valley Name of Event: “Jewtica” Date of Event: Sunday June 11, 2023 12PM to 6PM Location of Event: Jewish Community Center 2310 Oneida Street 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO THE 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: Wine in the Wilderness Date of Event: Saturday June 3, 2023 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO THE 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: Sunset Sips Date of Event: Friday July 7, 14, 21, 28 5PM to 7PM Friday August 4, 11, 18, 25 5PM to 7PM 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO THE 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 5, 2023 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO UTICA CENTER FOR DEVELOPMENT 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 Center for Development Name of Event: City of Utica July 4th Celebration Date of Event: Tuesday July 4, 2023 5PM to 10PM Location of Event: Proctor Park 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO SAINT MARY OF MOUNT CARMEL/BLESSED SACRAMENT PARISH 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: Saint Mary of Mount Carmel/Blessed Sacrament Parish Name of Event: Saint Mary of Mount Carmel/Blessed Sacrament Parish Festival Date of Event: Friday July 14, 2023 5PM to 10PM Saturday July 15, 2023 5PM to 10PM Sunday July 16, 2023 11AM to 3PM Location of Event: Saint Mary of Mount Carmel/Blessed Sacrament Parish 648 Jay Street 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 7 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO MARY, MOTHER OF OUR SAVIOR PARISH 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: Mary, Mother of Our Savior Name of Event: Mary, Mother of Our Savior Annual Bazaar Date of Event: Thursday August 31, 2023 4PM to 10PM Friday September 1, 2023 4PM to 10PM Saturday September 2, 2023 12PM to 10PM Location of Event: Mary, Mother of Our Savior Parish 2 Barton Avenue Utica NY 13502 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 8 City of Utica Department of Legislation In Common Council May 03, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO SANTA ROSALIA SOCIETY 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: Santa Rosalia Society Name of Event: Saint Rosalia Festival Date of Event: Saturday September 9 2023 3PM to 11PM Sunday September 10 2023 9AM to 3PM Location of Event: Santa Rosalia Chapel 701 Jay Street 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 108 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 03, 2023 E & A TRANSFER 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A57310-102 Youth - Wages $ 31,019.00 A57310- 409 Youth - Travel $ 2,000.00 A57182-422 Bertolini - Electric $ 12,590.00 A57988-441 Softball - Contractual $ 10,770.00 A57181-42211 Ski Chalet - Electric $ 17,661.00 To: A57310-101 Youth - Salaries $ 52,172.00 A57310-103 Youth - Overtime Pay $ 21,868.00 Explanation for Transfer: To adjust for unexpected retirement payout for Youth Director and overtime. A57310-102 Original Budget: $ 320,000.00 Revised Budget with Transfer $ 288,981.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 288,980.03 Balance before Transfer: $ 31,019.97 Percent Used (Original Budget): 90.31% Percent Used (Revised Budget): 100.00% A57310- 409 Original Budget: $ 2,000.00 Revised Budget with Transfer $ - Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ 2,000.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A57182-422 Original Budget: $ 15,000.00 Revised Budget with Transfer $ 2,410.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 2,410.00 Balance before Transfer: $ 12,590.00 Percent Used (Original Budget): 16.07% Percent Used (Revised Budget): 100.00% A57988-441 Original Budget: $ 4,000.00  Revised Budget with Transfer $ 16,230.00 Transfers in: $ 30,000.00 Transfers out: $ 7,000.00 Expended & Encumbered: $ 16,230.00 Balance before Transfer: $ 10,770.00 Percent Used (Original Budget): 405.75% Percent Used (Revised Budget): 100.00% A57181-42211 Original Budget: $ 20,000.00 Revised Budget with Transfer $ 2,339.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 1,662.76 Balance before Transfer: $ 18,338.24 Percent Used (Original Budget): 8.31% Percent Used (Revised Budget): 71.09% A57310-101 Original Budget: $ 155,195.00 Revised Budget with Transfer $ 207,367.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 207,365.80 Balance before Transfer: $ (52,170.80) Percent Used (Original Budget): 133.62% Percent Used (Revised Budget): 100.00% A57310-103 Original Budget: $ 4,000.00 Revised Budget with Transfer $ 25,868.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 25,867.16 Balance before Transfer: $ (21,867.16) Percent Used (Original Budget): 646.68% 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 109 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Colosimo-Testa May 03, 2023 ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE ORDAINED, §2-2-168 of the Utica City Code regarding the Fire Department composition is hereby amended to read as follows: (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following numbers and ranks: Job Title Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance 1 Superintendent Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshals 1 Fire Lieutenants 26 Firefighter/paramedic and firefighter/EMT 84 81 Total 127 124 (b) The Commissioner of Public Safety shall continue to assign personnel in the numbers and the ranks deemed necessary to the divisions and assignments within the bureau of Fire as may be created, all in accordance with law. FURTHER ORDAINED, that this Ordinance shall take effect July 1st 2023 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 110 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Colosimo-Testa May 03, 2023 ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE ORDAINED, §2-2-168 of the Utica City Code regarding the Fire Department composition is hereby amended to read as follows: (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following numbers and ranks: Job Title Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance 1 Superintendent Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshals 1 Fire Lieutenants 26 Firefighter/paramedic and firefighter/EMT 81 89 Total 124 132 (b) The Commissioner of Public Safety shall continue to assign personnel in the numbers and the ranks deemed necessary to the divisions and assignments within the bureau of Fire as may be created, all in accordance with law. FURTHER ORDAINED, that this Ordinance shall take effect July 1st 2023. 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 9 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Colosimo-Testa May 03, 2023 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. 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. 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. 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 4th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 111 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Aiello, DiBrango May 03, 2023 One-Way Streets ORDAINED, that Sec. 2-16-356 Schedule A: One-way streets of the Utica City Code be amended to include the following: Kent Street, Northbound from Elizabeth Street to Bleecker Street. (Added 12/21/2022) FURTHER ORDAINED, that the proper signage be erected where necessary, on each corner. 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 4th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk