Common Council Meeting Minutes

To view the legislation referenced in the below minutes, please click the City of Utica highlighted link. A Common Council – Regular Meeting full list of legislation May 17th, 2023 can be found following the minutes. To search The meeting is called to order at 7:02 P.M. for a specific word or phrase, click the Melissa Sciortino, City Clerk; F key while holding Andrew Castilla, Deputy City Clerk down the control Michael Galime, Common Council President key. Type the desired word or phrase into Present: Katie Aiello, 1st District Councilmember; the text box. To view Robert Burmaster, 2nd District Councilmember; the full recorded Celeste Friend, 3rd District Councilmember; Common Council Frank Meola, 4th District Councilmember; Meeting, please Venice Ervin; 5th District Councilmember; Joseph Betrus, Jr., 6th District Councilmember; visit the City of Mark Williamson, Councilmember at Large; Utica YouTube Frank DiBrango, Councilmember at Large & President Pro-Temp page Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Scott Ingersoll, Fire Chief; Marquis Phillips, Codes Administrator; Heather Mowat, Budget Director; Stephanie Wurz, Assistant Engineer; Lt. Brodt, UPD A motion to waive the reading of the minutes from the previous meeting made by Councilmember Friend The motion is seconded by Councilmember Meola None opposed: Minutes accepted and reading waived 1 Speaker signed up for Public Comment Period A motion to reconsider ORD 114 – AMENDING THE FIRE COMPOSITION made by Councilmember Meola Motion seconded by Councilmember Friend None Opposed A motion to amend ORD. 114 to read June 1st as the effective date of the Ordinance made by Councilmember Meola Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 2 - AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY A motion made by Councilmember Meola to move Pro. Res.2 Motion seconded by Councilmember Aiello None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 3 - AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY A motion made by Councilmember Friend to move Pro. Res.3 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 4 - AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY 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, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 5 - AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY A motion made by Councilmember Meola to move Pro. Res.5 Motion seconded by Councilmember DiBrango None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 6 - AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY A motion made by Councilmember Meola to move Pro. Res.6 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 7 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1006 WAGER STREET A motion made by Councilmember Burmaster to move Pro. Res.7 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO ORD. 8 – SALE OF 1006 WAGER STREET A motion made by Councilmember Meola to place Pro. Ord.8 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO RES. 9 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 637 PLANT STREET A motion made by Councilmember Aiello to move Pro. Res.9 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO ORD. 10 – SALE OF 637 PLANT STREET A motion made by Councilmember Friend to place Pro. Ord.10 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO RES. 11 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1215 MILLER STREET A motion made by Councilmember Ervin to move Pro. Res.11 Motion seconded by Councilmember Aiello None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO ORD. 12 – SALE OF 1215 MILLER STREET A motion made by Councilmember Meola to place Pro. Ord.12 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO. ORD. 13 – BOND ORDINANCE A motion made by Councilmember Meola to move Pro. Ord.13 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted as Ordinance #118 of 2023 PRO. ORD. 14 – E&A TRANSFER 2022-2023 FISCAL YEAR A motion made by Councilmember Meola to move Pro. Ord.14 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted as Ordinance #119 of 2023 PRO. ORD. 15 – E&A TRANSFER 2022-2023 FISCAL YEAR A motion made by Councilmember Meola to move Pro. Ord.15 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted as Ordinance #120 of 2023 PRO. ORD. 16 – E&A TRANSFER 2022-2023 FISCAL YEAR A motion made by Councilmember Meola to move Pro. Ord.16 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted as Ordinance #121 of 2023 PRO. ORD. 17 – E&A TRANSFER 2022-2023 FISCAL YEAR A motion made by Councilmember Meola to move Pro. Ord.17 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted as Ordinance #122 of 2023 PRO RES. 18 - AUTHORIZING SALE OF WINE AND BEER TO ST. ANTHONY'S CHURCH A motion made by Councilmember Meola to move Pro. Res.18 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted PRO RES. 19 – PROCLAMATION HONORING THE CONTRIBUTIONS OF FATHER JOSEPH SALERNO A motion made by Councilmember Meola to move Pro. Res.19 Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango –8 Nays: 0 Adopted A motion to adjourn made by Councilmember Friend Motion seconded by Councilmember Meola President Galime Adjourned: 7:28 P.M. Certify To: Budget, Comptroller Ordinance: 117 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Meola May 17, 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 June 1st 2023 as: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th 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 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO F.X. MATT BREWING COMPANY 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: F.X. Matt Brewing Company Name of Event: Boilermaker Party Date of Event: Sunday July 9th, 2023 7AM to 12PM Location of Event: F.X. Matt Brewing Company 811 Edward Street 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, DiBrango – 8 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 17th 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 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO F.X. MATT BREWING COMPANY 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: F.X. Matt Brewing Company Name of Event: Remain in Light 2023 US Tour Date of Event: Saturday June 24th, 2023 5PM to 12AM Location of Event: F.X. Matt Brewing Company 811 Edward Street 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, DiBrango – 8 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 17th 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 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO F.X. MATT BREWING COMPANY 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: F.X. Matt Brewing Company Name of Event: Collective Soul Concert Date of Event: Friday August 18th, 2023 5PM to 12AM Location of Event: F.X. Matt Brewing Company 811 Edward Street 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, DiBrango – 8 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 17th 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 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO F.X. MATT BREWING COMPANY 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: F.X. Matt Brewing Company Name of Event: Moe Concert Date of Event: Friday June 9th, Saturday June 10th, 2023 5PM to 12AM Location of Event: F.X. Matt Brewing Company 811 Edward Street 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, DiBrango – 8 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 17th 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 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO F.X. MATT BREWING COMPANY 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: F.X. Matt Brewing Company Name of Event: Umphreys McGee Concert Date of Event: Saturday August 19th, 2023 5PM to 12AM Location of Event: F.X. Matt Brewing Company 811 Edward Street 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, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 6 City of Utica Department of Legislation In Common Council May 17, 2023 Sponsored by: Councilmember Burmaster Calling for a Public Hearing on the Sale of 1006 Wager Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1006 Wager Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal area to prospective developers, pursuant to the requirements set forth in Article 15, section 507, of the General Municipal Laws of the State of New York; and WHEREAS, an offer to purchase 1006 Wager Street has been received by the Utica Urban Renewal Agency from Dariany Marte; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $25,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, June 7, 2023 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1006 Wager Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 8 Submitted to council on: 05 / 11 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 11 / 23 Thursday Rule Waiver Required? N Date of Legislation: 05 / 17 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Dariany Marte as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1006 Wager Street WHEREAS, The Utica Urban Renewal Agency has acquired 1006 Wager 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 Dariany Marte; and the developer proposes to purchase 1006 Wager Street to renovate for primary residence; and the purchase will require the payment of $25,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, June 7, 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. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $25,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 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, URA Resolution: 7 City of Utica Department of Legislation In Common Council May 17, 2023 Sponsored by: Councilmember Aiello Calling for a Public Hearing on the Sale of 637 Plant Street WHEREAS, The Utica Urban Renewal Agency is the owner of 637 Plant Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal area to prospective developers, pursuant to the requirements set forth in Article 15, section 507, of the General Municipal Laws of the State of New York; and WHEREAS, an offer to purchase 637 Plant Street has been received by the Utica Urban Renewal Agency from Khada Nagi; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $40,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, June 7, 2023 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 637 Plant Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 10 Submitted to council on: 05 / 11 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 11 / 23 Thursday Rule Waiver Required? N Date of Legislation: 05 / 17 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello Ordinance approving the designation of Khada Nagi as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 637 Plant Street WHEREAS, The Utica Urban Renewal Agency has acquired 637 Plant 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 Khada Nagi; and the developer proposes to purchase 637 Plant Street to renovate for primary residence; and the purchase will require the payment of $40,000.00; 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, June 7, 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. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $40,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 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, URA Resolution: 8 City of Utica Department of Legislation In Common Council May 17, 2023 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 1215 Miller Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1215 Miller Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal area to prospective developers, pursuant to the requirements set forth in Article 15, section 507, of the General Municipal Laws of the State of New York; and WHEREAS, an offer to purchase 1215 Miller Street has been received by the Utica Urban Renewal Agency from Cho Thae Lyndia; and WHEREAS, the developer plans to fence, landscape and create additional parking for his adjacent property; and WHEREAS, the purchase price for this property is $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, June 7, 2023 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1215 Miller Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 12 Submitted to council on: 05 / 11 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 11 / 23 Thursday Rule Waiver Required? N Date of Legislation: 05 / 17 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Cho Thae Lyndia as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1215 Miller Street WHEREAS, The Utica Urban Renewal Agency has acquired 1215 Miller 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 Cho Thae Lyndia; and the developer proposes to purchase 1215 Miller Street to fence, landscape and create additional parking 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, June 7, 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. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 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 Ordinance: 118 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 17, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $9,795,588 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF VARIOUS CAPITAL PROJECTS. WHEREAS, all conditions precedent to the financing of the various capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such various capital projects; ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the “City”) is hereby authorized to undertake the various capital projects described below (each, a “Project”) at an aggregate estimated maximum cost of $9,795,588. The estimated maximum cost of each Project being as follows: (a) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement, the cost of which is $30,000 or over, including one (1) loader, one (1) dump truck with plow and salter, one (1) front end loader, three (3) Jacobsen HR-800 mowers, one (1) claw truck, one (1) parking garage tractor, two (2) Mack Truck axels, and one Mack Truck MPI case, at a total estimated maximum cost not to exceed $1,047,000; (b) Machinery and Apparatus for Construction and Maintenance Costing More than $15,000 but less than $30,000. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement, the cost of which is more than $15,000 but less than $30,000, including one (1) parking garage plow truck with salter, at a total estimated maximum cost not to exceed $25,000; (c) Machinery and Apparatus for Construction and Maintenance Costing Less than $15,000. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement, the cost of which is less than $15,000, including two (2) trailers, at a total estimated maximum cost not to exceed $20,000; (d) Fire-Fighting Vehicles and Apparatus. The purchase of a motor vehicle used for fighting fires, whether or not including apparatus used in connection with such motor vehicle, or the purchase of such apparatus alone, the cost of which is $15,000 or over, including one (1) aerial ladder, one (1) fire engine, one (1) shift commander vehicle, one (1) Polaris ranger UTV, firefighter rescue pack with UTV tracks, and one (1) SCBA compressor fill station, at a total estimated maximum cost not to exceed $2,977,238; (e) Building Alterations. The installation or reconstruction of a lighting plumbing, ventilation, elevator or power plant or system in a building when not in connection with the original construction or reconstruction of such building, including generator replacements for Fire Stations #1,3,4,5,7, at a total estimated maximum cost not to exceed $300,000; (f) Traffic signals, traffic signal systems, traffic signs and traffic sign supports. The purchase of traffic signals and traffic signal systems at a total estimated maximum cost not to exceed $200,000;  (g) Unspecified betterment and improvements. The acquisition, construction or reconstruction of or addition to any physical public betterment or improvement, including one (1) electric subway manhole, one (1) mobile bandshell, the reconstruction and improvement of City-owned parking garages, and reconstruction of the Hanna Park stage roof, at a total estimated maximum cost not to exceed $1,436,000; (h) Sewer System (Surface Drainage). The acquisition, construction or reconstruction of or addition to a sewer system, either sanitary or surface drainage, whether or not including purification or disposal plants or buildings, land or rights in land, or original furnishings, equipment, machinery or apparatus, including the reconstruction of storm sewers and creeks, at a total estimated maximum cost not to exceed $200,000; (i) Highways, Roads, streets, parkways and parking areas. The construction, reconstruction, widening or resurfacing of a highway, road, street, parkway or parking area, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights of way, with flexible pavement with penetration macadam or plant mix bottom, course and heavy duty, bituminous concrete wearing surface, including paving City streets, at a total estimated maximum cost not to exceed $2,000,000; (j) Passenger Vehicle. The purchase of a passenger vehicle, when purchased to replace a similar vehicle previously in service, including three (3) CID hybrid vehicles and five (5) police utility interceptors, at a total estimated maximum cost not to exceed $490,350; (k) Building Improvement and Reconstruction. The reconstruction, improvement and renovation of buildings, including grading and improvement of the sites and acquisition and installation of original furnishings equipment, machinery and apparatus for the purposes for which such reconstructed and improved buildings are to be used, including the reconstruction of the City Court roof, at a total estimated maximum cost not to exceed $500,000; and (l) Parking Meters. The purchase and installation of parking meters, at a total estimated maximum cost not to exceed $600,000; Section 2. It is hereby determined that the aggregate maximum estimated cost of the aforesaid specific objects or purposes is $9,795,588, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of the issuance of $9,795,588 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid classes of objects or purposes pursuant to Paragraph 4 of Section 11.0(a) of the Local Finance Law are as follows: Period of Local Finance Probable Law Section usefulness 11.00(a) (Years) Paragraph (a) Machinery and Apparatus for Construction and Maintenance 15 28 Costing $30,000 or More (b) Machinery and Apparatus for Construction and Maintenance 10 28 Costing More than $15,000 but less than $30,000 (c) Machinery and Apparatus for Construction and Maintenance 5 28 Costing Less than $15,000 (d) Fire-Fighting Vehicles and Apparatus 20 27 (e) Building Alterations 10 13 (f) Traffic signals, traffic signal systems, traffic signs and traffic 20 72(a)  Period of Local Finance Probable Law Section usefulness 11.00(a) (Years) Paragraph sign supports (g) Unspecified betterment and improvements 15 35 (h) Sewer System 40 4 (i) Highways, Roads, streets, parkways and parking areas 15 20(c) (j) Passenger Vehicle 3 77 (k) Building Improvement and Reconstruction 15 12(a)(2) (l) Parking Meters 5 50 Section 4. Any federal or New York State grant funds received by the City for the capital purposes described in Section 1 of this resolution shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to the extent obligations shall not have been issued under this resolution, to reduce the maximum amount to be borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby authorized to determine the allocation of any such federal or New York State grant funds for any one or more of the foregoing purposes. Section 5. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 6. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance. Section 7. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 9. This Ordinance shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.  Section 10. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 11. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 13. This Ordinance is not subject to a mandatory or permissive referendum. Section 14. The Common Council hereby determines that each of the specific objects or purposes authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York State Environmental Quality Review Act (the “SEQR Act”) and the regulations adopted pursuant thereto by the New York State Department of Environmental Conservation (the “Regulations”), and no further environmental review is required under the SEQRA Act and Regulations. Section 15. This Ordinance, which takes effect immediately, shall be published in full or summary form in The Observer Dispatch, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 119 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 17, 2023 E & A TRANSFER 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 120 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 17, 2023 E & A TRANSFER 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 121 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 17, 2023 E & A TRANSFER 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 122 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson May 17, 2023 E & A TRANSFER 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Explanation for Transfer: To adjust for unexpected contract settlement, increase in gas usage and repairs to F350 that was in an accident  Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 9 City of Utica Department of Legislation In Common Council May 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO ST. ANTHONY & ST. AGNES CHRUCH 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: St. Anthony & St. Agnes Church Name of Event: St. Anthony Festival Date of Event: Friday June 9th 2023 5PM to 10PM Saturday June 10th 2023 5PM to 10PM Location of Event: St. Anthony & St. Agnes Church 422 Tilden Ave 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, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 10 City of Utica Department of Legislation In Common Council May 17, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Proclamation Honoring the Contributions of Father Joseph Salerno WHEREAS, Born June 2nd 1948, Father Joseph Salerno has been a staple in the Catholic Faith for the people of Utica since 1991. With his retirement from full-time ministry July 1, 2023, the Common Council of the City of Utica hereby honors the life and contributions of Father Salerno, and WHEREAS, Father Joe was ordained a priest in the Diocese of Syracuse 43 years ago and has served in several different parishes including St. Anthony’s of Endicott, St. Mary of the Assumption in Binghamton, St. Joseph’s of Lee Center, St. Mary of Mount Carmel in Utica and Our Lady of Lourdes in Utica, and WHEREAS, Truly embodying the role of a servant, Father Joe has taken his passion for helping others outside the four walls of the church building. He has served on boards for Notre Dame Schools, Catholic Charities, Hope House and the former St. Joseph’s Nursing Home just to name a few. Father Salerno is presently the chaplain for the Utica Police and Fire Departments and will continue to serve after his retirement, and WHERAS, In his time not spent in service to others, Father Joe enjoys music, reading, theatre, running the Boilermaker and indulging in his favorite dessert, ice cream. Given Father Salerno’s affinity for loving the poor in spirit, he is also a diehard Buffalo Bills fan, and RESOLVED, That the City of Utica does hereby recognize and thank Father Joe Salerno for his many years spent in service to the people of Utica FURTHER RESOLVED, that this tribute will forever be a part of the minutes of a meeting of the Utica Common Council held on the 17th day of May, 2023. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 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 17th day of May, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk