Common Council Meeting Minutes

To view the legislation referenced in the below minutes, City of Utica please click the Common Council – Regular Meeting highlighted link. A June 7th, 2023 full list of legislation can be found following the minutes. To search The meeting is called to order at 7:17 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; visit the City of Joseph Betrus, Jr., 6th District Councilmember; Utica YouTube Mark Williamson, Councilmember at Large; page 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; Scott Ingersoll, Fire Chief; Marquis Phillips, Codes Administrator; 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 Burmaster None opposed: Minutes accepted and reading waived 6 Speakers signed up for Public Comment Period 0 Speakers signed up for Public Hearing A motion to pull PRO. ORD. 8 – SALE OF 1006 WAGER STREET from Committee of the Whole made by Councilmember Friend Motion seconded by Councilmember Meola None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #123 of 2023 A motion to pull PRO. ORD. 10 – SALE OF 637 PLANT 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 #124 of 2023 A motion to pull PRO. ORD. 12 – SALE OF 1215 MILLER 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 #125 of 2023 PRO ORD. 1 – INTERSECTIONS WHERE STOP REQUIRED A motion made by Councilmember Burmaster to move Pro. Ord. 1 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #126 of 2023 PRO. RES. 2 – ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS A motion made by Councilmember Meola to move Pro. Res. 2 Motion seconded by Councilmember Betrus None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 3 – BOND ORDINANCE A motion made by Councilmember Friend to place Pro. Ord. 3 in Committee of the Whole Motion seconded by Councilmember DiBrango None Opposed Placed in Committee of the Whole PRO. ORD. 4 – HANDICAP PARKING SIGN REQUIRED A motion made by Councilmember Ervin to move Pro. Ord. 4 Motion seconded by Councilmember DiBrango None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #127 of 2023 PRO. RES. 5 – BOARD OF ASSESSMENT REVIEW APPOINTMENT A motion made by Councilmember Meola to move Pro. Res. 5 Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9  Nays: 0 Adopted PRO. RES. 6 – HISTORIC PRESERVATION GRANT FOR TABERNACLE BAPTIST CHURCH A motion made by Councilmember Friend to move Pro. Res. 6 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted PRO. RES. 7 – HISTORIC PRESERVATION GRANT FOR THE SILAS D. CHILDS CHAPEL AT FOREST HILL CEMETERY A motion made by Councilmember Friend to move Pro. Res. 7 Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted PRO. RES. 8 – RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT WITH THE COUNTY FOR HABITABILITY INSPECTIONS A motion made by Councilmember Meola to move Pro. Res. 8 Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 9 – ORDINANCE AUTHORIZING SALE OF TEN UTICA POLICE DEPARTMENT VEHICLES A motion to amend the title to fix a typographical error, replace “Five” vehicles with “Ten” vehicles made by Councilmember Colosimo-Testa Motion seconded by Councilmember Friend None Opposed A motion made by Councilmember Meola to move Pro. Ord. 9 as amended Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #128 of 2023 PRO. ORD. 10 – E & A TRANSFER A motion made by Councilmember Meola to move Pro. Ord. 10 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #129 of 2023 PRO. ORD. 11 – ORDINANCE AMENDING COMPLETE STREETS A motion made by Councilmember Meola to place Pro. Ord. 11 in Committee of the Whole Motion seconded by Councilmember Colosimo-Testa None Opposed Placed in Committee of the Whole A motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Friend President Galime Adjourned: 8:12 P.M. Certify To: Budget, Comptroller, URA Ordinance: 123 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster June 7, 2023 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. 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 $25,000.00; 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 124 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello June 7, 2023 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. 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 $40,000.00; 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 125 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin June 7, 2023 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. 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 126 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster June 7, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to read as follows: Fincke Avenue and Grandview Avenue, to control traffic on Fincke Avenue Fincke Avenue and Grandview Avenue, Southwest and Northeast corners of Fincke Avenue (Added 06/07/2023) FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 7, 2023 ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS RESOLVED, that the Common Council does hereby schedule its regular July Common Council meeting for Wednesday July 19TH, 2023 at 7pm and its August Common Council meeting for Wednesday August 16TH, 2023 at 7:00pm in the Common Council Chambers. 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 8th day of June, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Comptroller’s Office Proposed Ordinance No. 3 Submitted to council on: 05 / 24 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 24 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 07 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson BOND ORDINANCE DATED JUNE 7, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF THE PURCHASE OF COMPUTER EQUIPMENT. WHEREAS, all conditions precedent to the financing of the capital project described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the “City”) is hereby authorized to undertake the purchase and installation of computer equipment, including firewalls, routers and network switches, at an estimated maximum cost not to exceed $250,000; Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $250,000, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of the issuance of $250,000 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is five (5) years pursuant to Paragraph 32 of Section 11.0(a) of the Local Finance Law. 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 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. 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, Sign Shop Ordinance: 127 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin June 7, 2023 HANDICAPP PARKING SIGN REQUIRED ORDAINED, that Sec. 2-16-378 Schedule W: Handicapped Parking Locations, of the Utica City Code be amended to include the following: To place one (1) Handicap parking sign in front of 1516 Taylor Ave. FURTHER ORDAINED, that the proper signage be erected where necessary. (Added 06/07/2023) 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 7, 2023 BOARD OF ASSESSMENT REVIEW APPOINTMENT RESOLVED, that pursuant to Section 523 of the Real Property Tax Law, the following person is hereby appointed as a member of the Board of Assessment and Review commencing April 5th 2023 and ending on September 30th, 2027: David Williams 16 Geer Ave Utica, NY 13501 Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 8th day of June, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council June 7, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Historic Preservation Grant for Tabernacle Baptist Church WHEREAS, the Tabernacle Baptist Church of Utica is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under Title 9 of the Environmental Protection Act of 1993 for a historic preservation project to be located at 13 Clark Place, Utica, NY, a site located within the territorial jurisdiction of this Council, and requesting funding up to $500,000; WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located". RESOLVED, by this Common Council of the City of Utica hereby does approve and endorse the application of Tabernacle Baptist Church for a grant under Title 9 of the Environmental Protection Act of 1993 for a historic preservation project known as “Phase 3 Masonry, Roof Water Runoff, Roofing” and located within this community. 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 8th day of June, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 City of Utica Department of Legislation In Common Council June 7, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Historic Preservation Grant for the Silas D. Childs Chapel at Forest Hill Cemetery WHEREAS, Forest Hill Cemetery is applying for a Historic Structure Preservation Grant with the State Historic Preservation Office (SHPO) in the amount of $350,000 to preserve and repair the Silas D. Childs Chapel, and WHEREAS, the Chapel is listed on the Historic Register having been built circa 1868 and dedicated in 1870. Over the ensuing 153-years the Childs Chapel has provided our community with a venue for funeral services, community meetings, photos for weddings, graduations, family gatherings, religious services and memorials services for Loved Ones. The chapel is now in urgent need of repairs to its exterior stone walls and interior walls, both of which have suffered extensive damage due to moisture, and WHEREAS, without immediate attention and restoration, this architectural gem faces the risk of further deterioration, potentially depriving future generations of the opportunity to appreciate its beauty and historical importance, and RESOLVED, that the Common Council of the City of Utica hereby does approve and endorse the application of Forest Hill Cemetery for a grant with the State Historic Preservation Office (SHPO) to preserve and repair the Silas D. Childs Chapel in order to preserve this vital local landmark. 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 8th day of June, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 7, 2023 RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT WITH THE COUNTY FOR HABITABILITY INSPECTIONS WHEREAS, the County of Oneida has the need to promote health and safety during Child Protective Investigations and Child or Adult Welfare Services and would like to use a multi-systems approach to address housing issues that negatively impact the health and safety of adults, children or families; and WHEREAS, the County desires to establish a system to provide habitability inspections of hotels, motels and uncertified shelter facilities used by the County for temporary housing; and WHEREAS, the County has a need to provide information to the people it serves and to its employees about how to maintain a healthy and safe living environments to support well-being; and WHEREAS, the City is able to provide habitability inspections for temporary housing accommodations located at hotels, motels and uncertified shelter facilities as required by NYCRR § 352.3(g) and NYCRR § 900.14; now RESOLVED the Common Council of the City of Utica hereby authorizes and approves acceptance of the proposed Intermunicipal Agreement in substantially in the same form as attached hereto for the term of January 1, 2022 to December 31, 2023. FURTHER RESOLVED that the Mayor is authorized to execute this Agreement and any other documents necessary to effectuate the intents of this resolution. 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 8th day of June, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 128 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 7, 2023 ORDINANCE AUTHORIZING SALE OF TEN UTICA POLICE DEPARTMENT VEHICLES ORDAINED, pursuant to Section 7.007 of the Utica City Charter, the Mayor or his authorized representative is hereby authorized to sell the City owned personal property described below. Such property shall be offered for sale after public advertisement to the highest responsible bidder, or in whatever manner the Mayor, or his representative deems most appropriate. FURTHER ORDAINED, in the event that no bids are received for any of such property or that the Board of Estimate and Apportionment determines that any such bids are not in the best interest of the City, the Board of Estimate and Apportionment is hereby authorized to dispose of such property in any manner that it deems to be in the best interest of the City and to make such disposition part of the public record of the proceedings of the Board of Estimate and Apportionment. FURTHER ORDAINED, any such sale or disposition is subject to the approval of the Board of Estimate and Apportionment. FURTHER ORDAINED, the property to be sold is described as follows: Utica Police Department: 1. 2010 Ford Explorer, VIN – 1FMEU7D89AUB13938. This vehicle has 50,473 miles. Vehicle is beyond its useful life for police service. 2. 2010 Ford Crown Victoria, VIN – 2FABP7BV6AX101512. This vehicle has 120,854 miles. Vehicle is beyond its useful life for police service. 3. 2015 Ford Taurus, VIN – 1FAHP2L89FG190169. This vehicle has 148,785 miles. Vehicle is beyond its useful life for police service. 4. 2018 Ford Explorer, VIN - 1FM5K8AR2JGC33992. This vehicle has 46,872 miles. Vehicle is beyond its useful life for police service (Heavy Damage). 5. 2017 Ford Taurus, VIN - 1FAHP2L89HG102823. This vehicle has 27,133 miles. Vehicle is beyond its useful life for police service (Heavy Damage). 6. 2010 Chevrolet Tahoe, VIN - 1GNUKAE00AR143626. This vehicle has 101,668 miles. Vehicle is beyond its useful life for police service. 7. 2010 Chevrolet Impala, VIN - 2G1WD5EM6A1151866. This vehicle has 57,662 miles. Vehicle is beyond its useful life for police service. 8. 2010 Chevrolet Impala, VIN - 2G1WD5EMXA1153412. This vehicle has 43,623 miles. Vehicle is beyond its useful life for police service. 9. 2011 Ford Crown Victoria, VIN - 2FABP7BV0BX169855. This vehicle has 125,831 miles. Vehicle is beyond its useful life for police service. 10. 2015 Ford Taurus, VIN - 1FAHP2L87FG121125. This vehicle has 106,592 miles. Vehicle is beyond its useful life for police service.  FURTHER ORDAINED, the funds collected from the sale of said items shall be deposited into an account bearing an identification number of A409.266501, and the funds shall be payable to the City of Utica, Comptroller's Office, 1 Kennedy Plaza, Utica, New York 13502. 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 129 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 7, 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: A51440-104 Engineering - Stipend $ 2,500.00 A51440-441 Engineering - Contractual $ 7,846.00 A51440-802 Engineering - Social Security $ 4,514.00 A51440-101 Engineering - Salaries $ 58,239.00 To: A51440-102 Engineering - Wages $ 55,088.00 A51440-103 Engineering - Overtime Pay $ 10,854.00 A51440-422 Engineering - Electric $ 552.00 A51440-463 Engineering - Gas & Oil $ 6,605.00 Explanation for Transfer: To re-allocate due to chargebacks to the City's Paving Program. A51440-104 Original Budget: $ 2,500.00 Revised Budget with Transfer $ - Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ 2,500.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A51440-441 Original Budget: $ 50,000.00 Revised Budget with Transfer $ 102,939.00 Transfers in: $ 60,785.00 Transfers out: $ - Expended & Encumbered: $ 102,937.91 Balance before Transfer: $ 7,847.09 Percent Used (Original Budget): 205.88% Percent Used (Revised Budget): 100.00% A51440-802 Original Budget: $ 26,821.00 Revised Budget with Transfer $ 22,307.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 22,306.37 Balance before Transfer: $ 4,514.63 Percent Used (Original Budget): 83.17% Percent Used (Revised Budget): 100.00% A51440-101 Original Budget: $ 292,598.00 Revised Budget with Transfer $ 234,359.00 Transfers in: $ -  Transfers out: $ - Expended & Encumbered: $ 174,138.97 Balance before Transfer: $ 118,459.03 Percent Used (Original Budget): 59.51% Percent Used (Revised Budget): 74.30% A51440-102 Original Budget: $ 45,000.00 Revised Budget with Transfer $ 100,088.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 100,087.92 $ Balance before Transfer: (55,087.92) Percent Used (Original Budget): 222.42% Percent Used (Revised Budget): 100.00% A51440-103 Original Budget: $ 10,000.00 Revised Budget with Transfer $ 20,854.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 20,854.86 $ Balance before Transfer: (10,854.86) Percent Used (Original Budget): 208.55% Percent Used (Revised Budget): 100.00% A51440-422 Original Budget: $ 106,750.00 Revised Budget with Transfer $ 107,302.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 107,301.49 Balance before Transfer: $ (551.49) Percent Used (Original Budget): 100.52% Percent Used (Revised Budget): 100.00% A51440-463 Original Budget: $ 7,500.00 Revised Budget with Transfer $ 14,105.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 14,104.30 $ Balance before Transfer: (6,604.30) Percent Used (Original Budget): 188.06% 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 8th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Meola Proposed Ordinance No. 11 Submitted to council on: 06 / 07 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 07 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 07 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola ORDINANCE AMENDING COMPLETE STREETS BE IT ORDAINED, that Article VII, Chapter 2-31 of the Code of Ordinances of the City of Utica shall be amended by adding Section 2-31-8, entitled “Exemptions” to read as follows: Section 2-31-8 Exemptions Notwithstanding the complete streets policies and principles cited herein, there shall be no bike lanes on Genesee Street from Oriskany Street to Cornelia Place. FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime