Common Council Meeting Minutes

To view the legislation referenced in the below minutes, please click the highlighted link. A City of Utica full list of legislation Common Council – Regular Meeting can be found following June 21st, 2023 the minutes. To search for a specific word or phrase, click the The meeting is called to order at 7:10 P.M. F key while holding down the control Melissa Sciortino, City Clerk; key. Type the desired Andrew Castilla, Deputy City Clerk word or phrase into Michael Galime, Common Council President the text box. To view the full recorded Present: Katie Aiello, 1st District Councilmember; Common Council Robert Burmaster, 2nd District Councilmember; Meeting, please Celeste Friend, 3rd District Councilmember; visit the City of Frank Meola, 4th District Councilmember; Utica YouTube Venice Ervin; 5th District Councilmember; page Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Frank DiBrango, Councilmember at Large & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Scott Ingersoll, Fire Chief; Marquis Phillips, Codes Administrator; Ashley Berger, UPD A motion to waive the reading of the minutes from the previous meeting made by Councilmember Friend The motion is seconded by Councilmember Aiello None opposed: Minutes accepted and reading waived 6 Speakers signed up for Public Comment Period PRO ORD. 1 – BOND ORDINANCE A motion made by Councilmember Meola to move Pro. Ord. 1 Motion seconded by Councilmember Burmaster None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #131 of 2023 PRO ORD. 2 – SPEED LIMITS GENERALLY A motion made by Councilmember Meola to move Pro. Ord. 2 Motion seconded by Councilmember DiBrango None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 9 Nays: 0 Adopted as Ordinance #132 of 2023 PRO. RES. 3 – TREE ADVISORY BOARD APPOINTMENT A motion made by Councilmember Friend to place Pro. Res. 3 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. RES. 4 – TREE ADVISORY BOARD APPOINTMENT A motion made by Councilmember Friend to place Pro. Res. 4 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. ORD. 5 – E & A TRANSFER A motion made by Councilmember Meola to move Pro. Ord. 5 as read Motion seconded by Councilmember Betrus Motion made by Councilmember Colosimo-Testa to place Pro. Ord. 5 in Committee of the Whole Motion seconded by Councilmember DiBrango None Opposed Placed in Committee of the Whole PRO. ORD. 6 – INTERSECTIONS WHERE STOP REQUIRED A motion made by Councilmember Meola to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole A motion by Councilmember Friend to waive the Thursday Rule Motion seconded by Councilmember Meola Thursday Rule Waived PRO. RES. 7 – TREE ADVISORY BOARD APPOINTMENT A motion made by Councilmember Friend to place Pro. Res. 7 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. RES. 8 – TREE ADVISORY BOARD APPOINTMENT A motion made by Councilmember Friend to place Pro. Res. 8 in Committee of the Whole Motion seconded by Councilmember DiBrango None Opposed Placed in Committee of the Whole The Common Council discussed a Special Meeting on Monday, June 26th 2023 in regards to Pro. Ord. 5. A time has not been set, notice will go out if a quorum is garnered. A motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Aiello President Galime Adjourned: 8:18 P.M. Certify To: Budget, Comptroller Ordinance: 131 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 21, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $2,750,000 ADDITIONAL SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF RECONSTRUCTION AND IMPROVEMENT OF THE CITY SEWER SYSTEM (CSO PROJECT A9.1) WHEREAS, the Common Council of the City of Utica, Oneida County, New York on April 21, 2021 adopted Bond Ordinance No. 15 entitled “BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $1,825,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK, TO FINANCE THE COST OF RECONSTRUCTION AND IMPROVEMENT OF THE CITY SEWER SYSTEM (CSO PROJECT A9.1)” (the “Prior Bond Ordinance”); WHEREAS, the Common Council wishes to (i) authorize the expenditure and appropriation of additional funds in connection with the reconstruction and improvement of the City Sewer System (CSO Project A9.1), as described in Section 1 of the Prior Bond Ordinance; and (ii) authorize the issuance of additional serial bonds of the City to finance such additional appropriation; ORDAINED, by the affirmative vote of not less than two-thirds of the total voting strength of 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 reconstruction and improvement of the City sewer system, including sanitary sewer, storm sewer and surface drainage facilities, including the acquisition of land or rights in land and original furnishings, equipment, machinery or apparatus required in connection therewith, referenced as CSO Project A9.1, at an estimated maximum cost of $4,575,000, constituting an increase of $2,750,000 over the amount authorized in the Prior Bond Resolution. Section 2. It is hereby determined that the plan for financing of such new maximum authorized cost of $4,575,000 shall be as follows: (a) by the issuance of $1,825,000 of serial bonds of the City heretofore authorized to be issued pursuant Section 1 of the Prior Bond Ordinance; (b) by the issuance of an additional $2,750,000 of serial bonds (the “Bonds”) of the City authorized to be issued pursuant to this Ordinance. Section 3. Any federal or New York State grant funds obtained 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 4. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is forty (40) years pursuant to paragraph 4 of Section 11.00(a) of the Local Finance Law; provided however, that the maximum maturity of the Bonds authorized shall be computed from the date of issuance of the Bonds or the first bond anticipation note issued in anticipation of the Bonds or the serial bonds or bond anticipation notes authorized pursuant to the Prior Bond Ordinance, whichever date is earlier.  Section 5. Pursuant to Section 107.00(d)(3)(l) 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. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the City's General Fund. It is intended that the City shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this resolution 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 resolution, no moneys 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 City Comptroller, as Chief Fiscal Officer of the City, is further authorized to sell all or a portion of the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, to the New York State Environmental Facilities Corporation (the "EFC") in the form prescribed in one or more loan and/or grant agreements (the "Agreements") between the City and the EFC; to execute and deliver on behalf of the City one or more Agreements, Project Financing Agreements, and Letters of Intent with the EFC and to accept the definitive terms of one or more Agreements from EFC by executing and delivering one or more Terms Certificates; and to execute such other documents, and take such other actions, as are necessary or appropriate to obtain a loan or loans from the EFC for all or a portion of the costs of the expenditures authorized by this resolution, and perform the City's obligations under its Bonds or bond anticipation notes delivered to the EFC, the Project Financing Agreements and the Agreements. Section 11. The serial bonds and bond anticipation notes authorized to be issued by this resolution are hereby authorized to be consolidated, at the option of the City's Comptroller, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other bond resolutions 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 resolutions. All matters regarding the sale of the bonds, including the dated 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 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to file an application with the New York State Comptroller pursuant to Section 124.10 of the Local Finance Law to exclude the proposed indebtedness authorized herein from the constitutional and statutory debt limits of the City.  Section 13. 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 14. 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 15. This Ordinance is not subject to a mandatory or permissive referendum. Section 16. The Common Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this Ordinance. Section 17. 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, 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 22nd day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 132 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson June 21, 2023 SPEED LIMITS GENERALLY ORDAINED, that Sec. 2-16-136 SCHEDULE B: THE MAXIMUM SPEED LIMIT FOR THE CITY STREETS SET FORTH BELOW: be amended to read as follows: Pleasant St. North side from Memorial Parkway to Tilden Ave: 20 MPH (Added 06/21/2023) FURTHER ORDAINED, that the proper signage be erected. 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 22nd day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Mayor’s Office Proposed Ordinance No. Submitted to council on: 06 / 13 / 23 Proposed Resolution No. 3 Sent to Council Attorney on: 06 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been nominated by the Mayor for confirmation by the Common Council to the Tree Advisory Board: Gina Pearce 8855 Tibbitts Road New Hartford, NY 13413 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  Submitted to council by: Mayor’s Office Proposed Ordinance No. Submitted to council on: 06 / 13 / 23 Proposed Resolution No. 4 Sent to Council Attorney on: 06 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been nominated by the Mayor for confirmation by the Common Council to the Tree Advisory Board: Robert DeSanctis 2622 Edgewood Road Utica, NY 13501 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  Submitted to council by: Board of E&A Proposed Ordinance No. 5 Submitted to council on: 06 / 21 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson E & A Transfer BE IT ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: AC57522-471 ARPA - Brownfield Remediation $ 900,000 AC54050-471 ARPA - City Covid Healthcare & Protection $ 500,000 AC56326-471 ARPA - Reimbursement for Hiring $ 250,000 AC51265-444 ARPA - Legal/Accounting Fees $ 25,000 AC57144-471 ARPA - Skatepark $ 400,000 To: AC57142-471 ARPA - Proctor Park Dog Park Construction $ 270,000 AC57146-471 ARPA - Proctor Park Pavillion (Includes Parking Lot) $ 300,000 AC57141-471 ARPA - Splash Pad & Water Slides $ 750,000 AC58020-471 ARPA - Citywide Housing Needs Assessment $ 5,700 AC58042-471 ARPA - City Parks - ADA Compliance $ 200,000 AC58510-471 ARPA - Court/Whitesboro Street Traffic Light $ 165,000 AC57123-471 ARPA - Liberty Bell Park $ 125,000 AC57149-471 ARPA - Park Improvements - Various $ 100,000 AC57147-471 ARPA - Hirt Playground $ 79,300 AC57148-471 ARPA - Seymour Park $ 80,000 Reason: To re-allocate ARPA funding. BE IT FURTHER ORDAINED, that AC57145-471 “Harbor Point Soccer Field” was the original title of the account. The title was meant to be “Harbor Point”. The funds allocated were always meant to include the waterfront promenade and was an administrative error in communication between the UED Commissioner and Budget Director 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  Submitted to council by: Councilmember Meola Proposed Ordinance No. 6 Submitted to council on: 06 / 20 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 20 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: Allen Street and Culver Avenue, Southwest Corner of Allen Street Allen Street and Ontario Street, Northeast and Southwest Corners of Allen Street Copperfield Street and Culver Avenue, Southwest Corner of Copperfield Street Copperfield Street and Tilden Avenue, Northeast Corner of Copperfield Street Crouse Street and Culver Avenue, Southwest Corner of Crouse Street Gardner Street and Culver Avenue, Southwest Corner of Gardner Street Gardner Street and Tilden Avenue, Northeast Corner of Gardner Street Girard Street and Culver Avenue, Southwest Corner of Girard Street Girard Street and Tilden Avenue, Northeast Corner of Girard Street Guelich Street and Tilden Avenue, Southeast Corner of Guelich Street Redfield Street and Culver Avenue, Northwest Corner of Redfield Street Rutger Street and Ontario Street, Southeast and Northwest Corners of Rutger Street South Street and Culver Avenue, Southwest Corner of South Street Tilden Avenue and Mummery Street, Southwest Corner of Tilden Avenue Ward Street and Culver Avenue, Northwest Corner of Ward Street (Added 06/21/2023) BE IT FURTHER ORDAINED, that the proper signage is already in place. 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  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 06 / 21 / 23 Proposed Resolution No. 7 Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been appointment by the Common Council to the Tree Advisory Board: Tyson Kreiger 8 Carlile Avenue Utica, NY 13501 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  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 06 / 21 / 23 Proposed Resolution No. 8 Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend TREE ADVISORY BOARD APPOINTMENT BE IT RESOLVED, that pursuant to Section 2-17-31 of the City of Utica Code of Ordinances, the following person has been appointment by the Common Council to the Tree Advisory Board: Gaby Sorto 940 Saratoga Street Utica, NY 13502 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