Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting July 19th, 2023 The meeting is called to order at 7:11 P.M. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk Michael Galime, Common Council President Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Celeste Friend, 3rd District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Frank DiBrango, Councilmember at Large & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Scott Ingersoll, Fire Chief, UFD; Brian Thomas, Commissioner, UED; Mark Williams, Chief of Police, UPD A motion to waive the reading of the minutes from the previous two meetings made by Councilmember Friend The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 9 Speakers signed up for Public Comment Period A motion made by Councilmember Colosimo-Testa to change the order of business Motion seconded by Councilmember Williamson None Opposed A motion made by Councilmember Colosimo-Testa to reconsider Ordinance 107 dated May 1st, 2023 Motion seconded by Councilmember Williamson Ayes: Burmaster, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 6 Nays: Aiello, Friend - 2 Ordinance brought to the floor for Reconsideration ORDINANCE 107 – ORDINANCE ADDING A NEW TRAFFIC SCHEDULE Ayes: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 6 Defeated A motion made by Councilmember Colosimo-Testa to reconsider Ordinance 108 dated May 1st, 2023 Motion seconded by Councilmember Williamson Ayes: Burmaster, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 6 Nays: Aiello, Friend - 2 Ordinance brought to the floor for Reconsideration ORDINANCE 108 – ORDINANCE ADDING LANE DESIGNATIONS Ayes: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 6 Defeated A motion made by Councilmember Colosimo-Testa to reconsider Ordinance 109 dated May 1st, 2023 Motion seconded by Councilmember Williamson Ayes: Burmaster, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 6 Nays: Aiello, Friend - 2 Ordinance brought to the floor for Reconsideration ORDINANCE 109 – ORDINANCE AMENDING TRUCK ZONE Ayes: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 6 Defeated A motion to pull PRO. ORD. 1 – ORDINANCE AMENDING TRAFFIC SCHEDULE from Committee of the Whole made by Councilmember Colosimo-Testa Motion seconded by Councilmember Williamson Ayes: Burmaster, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 6 Nays: Aiello, Friend - 2 Pulled from Committee of the Whole PRO. ORD. 1 – ORDINANCE AMENDING TRAFFIC SCHEDULES Ayes: Burmaster, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 6 Nays: Aiello, Friend - 2 Adopted as Ordinance #133 of 2023 PRO. RES. 1 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 935-937 SCHUYLER STREET A motion by Councilmember Burmaster to move Pro. Res. 1 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. ORD. 2 – SALE OF 935-937 SCHUYLER STREET A motion by Councilmember Burmaster to place Pro. Ord. 2 in Committee of the Whole Motion seconded by Councilmember Colosimo-Testa None Opposed Placed in Committee of the Whole PRO. RES. 3 – PLACEMENT OF AN HONORARY STREET SIGN FOR FATHER JOSEPH SALERNO ON BARTON AVENUE Sponsored by the Full Common Council Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES. 4 – A PROCLAMATION HONORING THE LIFE OF MR. ALFRED “AL” LASALLE Sponsored by the Full Common Council Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES. 5 – COMMISSIONER OF DEEDS A motion by Councilmember Williamson to move Pro. Res. 5 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES. 6 – COMMISSIONER OF DEEDS A motion by Councilmember Betrus to move Pro. Res. 6 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES. 7 – AUTHORIZE THE SALE OF BEER AND WINE Sponsored by the Full Common Council Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES. 8 – MAIN STREET GRANT FOR MIDTOWN UTICA COMMUNITY CENTER Sponsored by the Full Common Council Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. ORD. 9 – SALE OF PROPERTY SOLD AT PUBLIC AUCTION A motion by Councilmember Williamson to move Pro. Ord. 9 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #134 of 2023 PRO. ORD. 10 – WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF JUNIOR ENGINEER A motion by Councilmember Williamson to move Pro. Ord. 10 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #135 of 2023 PRO. ORD. 11 – WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF LINEMAN A motion by Councilmember Williamson to move Pro. Ord. 11 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #136 of 2023 PRO. ORD. 12 – AMENDING AVOIDABLE ALARM CHARGES A motion made by Councilmember Friend to place Pro. Ord. 12 in Committee of the Whole Motion seconded by Councilmember Aiello None Opposed Placed in Committee of the Whole PRO. RES. 13 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1243 & 1245 LINCOLN AVENUE A motion by Councilmember Burmaster to move Pro. Res. 13 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8  Nays: 0 Adopted PRO. ORD. 14 – SALE OF 1243 & 1245 LINCOLN AVENUE A motion by Councilmember Friend to place Pro. Ord. 14 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. ORD. 15 – AMENDMENT TO SCHEDULE A: ONE WAY STREETS A motion by Councilmember Aiello to move Pro. Ord. 15 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #137 of 2023 PRO. ORD. 16 – AMENDMENT TO SCHEDULE D: YIELD SIGNS A motion by Councilmember Aiello to move Pro. Ord. 16 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #138 of 2023 PRO. ORD. 17 – INTERSECTIONS WHERE STOP REQUIRED A motion by Councilmember Aiello to move Pro. Ord. 17 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #139 of 2023 PRO. ORD. 18 – INTERSECTIONS WHERE STOP REQUIRED A motion by Councilmember Aiello to move Pro. Ord. 18 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #140 of 2023 PRO. ORD. 19 – INTERSECTIONS WHERE STOP REQUIRED A motion by Councilmember Aiello to move Pro. Ord. 19 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #141 of 2023 PRO. ORD. 20 – SPEED LIMITS: AMENDING SECTION 2-16-136(b) A motion by Councilmember Colosimo-Testa to amend Pro. Ord. 20 to read “Sec. 2-16-136 (b) and remove the full title from the first line” Motion seconded by Councilmember Williamson None Opposed A motion by Councilmember Aiello to move Pro. Ord. 20 as amended Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #142 of 2023 PRO. RES. 21 – APPROVING AND ENDORSING MUSON IN ITS APPLICATION TO NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION PROGRAM FOR VISITOR IMPROVEMENTS Sponsored by the Full Common Council Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted A motion to pull PRO. ORD. 3 – BOND ORDINANCE from Committee of the Whole made by Councilmember Friend Motion seconded by Councilmember Aiello None Opposed Ayes: Aiello, Burmaster, Friend, Ervin, Betrus, Colosimo-Testa, Williamson, DiBrango – 8 Nays: 0 Adopted as Ordinance #143 of 2023 A motion to adjourn made by Councilmember Friend Motion seconded by Councilmember Burmaster President Galime Adjourned: 9:09 P.M. Certify To: Budget, Comptroller, Engineering Ordinance: 107 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello Introduced May 1, 2023 Vote to Reconsider July 19, 2023 Ordinance Adding a New Traffic Schedule WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, that Chapter 2-16, Article IX of the Utica Code of Ordinances shall be amended by adding Section 2-16-385, entitled “Schedule AD: Traffic Lane Reduction/Addition”, to read as follows: The following streets, avenues and boulevards have a traffic lane modification: Genesee Street, from Oriskany Street to Cottage Place reduced from 2 lanes to 1 lane of traffic in each direction FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango - 6 DEFEATED. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering Ordinance: 108 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello Introduced May 1, 2023 Vote to Reconsider July 19, 2023 Ordinance Amending Lane Designations WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, §2-16-382 of the Utica City Code regarding lane designations is hereby amended to include the following: Genesee Street, turning left onto Cottage place Genesee Street, turning right onto Dakin Street Genesee Street, turning right onto Cornelia Street Genesee Street, turning left onto Washington Street Genesee Street, turning left onto Bank Place Genesee Street, turning left onto Washington Lane Genesee Street, turning left onto Blandina Street Genesee Street, turning left onto Columbia Street Genesee Street, turning left onto Elizabeth Street Genesee Street, turning left onto Lafayette Street Genesee Street, turning left onto Bleecker Street Genesee Street, turning left onto Oriskany Street FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango - 6 DEFEATED. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering Ordinance: 109 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello Introduced May 1, 2023 Vote to Reconsider July 19, 2023 Ordinance Amending Truck Zone WHEREAS, the Common Council for the City of Utica did on October 19, 2022 adopt a Resolution granting permission to the Administration to conduct a 90-day trial of a “Complete Street Policy” that was adopted on August 17, 2016, that would change the traffic patterns on Genesee Street from Oriskany Boulevard to Cottage Place, and WHEREAS, said permission has been extended and the changes suggested and employed as a result thereof remain in full force and effect, and WHEREAS, the Administration by and through the Engineering Office of the City of Utica, did commission a study to be conducted as to the effects and results of said changes on the general public and make recommendations pursuant to the results of said study, and WHEREAS, the engineering firm of C+S Engineers Inc. did submit to J. Michael Mahoney, Deputy City Engineer, its 186- page study and recommendations dated April 3, 2023, and WHEREAS, the following Ordinance submitted to the Common Council for its consideration, is based upon graphs, statistics and recommendations with regard to the City streets set forth herein, and ORDAINED, by the Common Council for the City of Utica, §2-16-383 of the Utica City Code of Ordinances regarding truck zone is hereby amended to include the following: Genesee Street, center lane between Court Street and Washington Street, for loading and unloading Genesee Street, center lane between Bank Place and Blandina Street, for loading and unloading Genesee Street, center lane between Elizabeth Street and Bleecker Street, for loading and unloading FURTHER ORDAINED, that the proper pavement markings be erected where necessary Yeas: Aiello, Friend – 2 Nays: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango - 6 DEFEATED. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 2nd day of May, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering, Law Ordinance: 133 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Betrus, Colosimo-Testa, Williamson July 19, 2023 Ordinance Amending Traffic Schedule WHEREAS, it is the intent of the Common Council to pass legislation amending the number of lanes on Genesee Street to be consistent with the traffic pattern as it was prior to the enactment of the 90-day complete street policy. ORDAINED, by the Common Council for the City of Utica, that Section 2-16-385 of the Utica Code of Ordinances shall be amended to include: Genesee Street, from Oriskany Street to Cottage Place increased from 1 lane to 2 lanes of traffic in each direction, going North and South. FUTHER ORDAINED, that the proper pavement markings be placed where necessary and this will go in effect immediately after. Yeas: Burmaster, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 6 Nays: Aiello, Friend 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 1 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster July 19, 2023 Calling for a Public Hearing on the Sale of 935-937 Schuyler Street WHEREAS, The Utica Urban Renewal Agency is the owner of 935-937 Schuyler 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 935-937 Schuyler Street has been received by the Utica Urban Renewal Agency from Edgar Avila; and WHEREAS, the developer plans to create additional parking; and WHEREAS, the purchase price for this property is $750.00; 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, August 16, 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 935-937 Schuyler Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 2 Submitted to council on: 06 / 22 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 22 / 23 Thursday Rule Waiver Required? N Date of Legislation: 07 / 19 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Edgar Avila as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 935-937 Schuyler Street WHEREAS, The Utica Urban Renewal Agency has acquired 935-937 Schuyler 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 Edgar Avila; and the developer proposes to purchase 935-937 Schuyler Street to create additional parking; and the purchase will require the payment of $750.00; 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, August 16, 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 $750.00; 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 Resolution: 2 City of Utica Department of Legislation In Common Council July 19, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango PLACEMENT OF AN HONORARY STREET SIGN FOR FATHER JOSEPH SALERNO ON BARTON AVENUE WHEREAS, Father Joseph Salerno has been a staple in the Catholic Faith for the people of Utica since 1991, and WHEREAS, A dedicated leader of the congregation at Mary, Mother of Our Savior Parish, Father Salerno has also served as Chaplin for the men and women of the Utica Police and Fire Departments for many years, always lending a shoulder to cry on or providing a laugh to raise spirits, and WHEREAS, With his retirement from full-time ministry on July 1, 2023, the Common Council of the City of Utica, along with its residents, would like to say thank you to Father Salerno for all that he has done, and RESOLVED that the Common Council of the City of Utica does hereby honor and recognize Father Joseph Salerno for his many years of service to the City and, FURTHER RESOLVED, that there shall be placed on the street at Barton Avenue and Genesee Street, and Barton Avenue and Sunset Avenue, an honorary sign declaring this to be “Father Salerno Way” FURTHER RESOLVED, that this Resolution be inscribed in the minutes of the Common Council of the Council Meeting held on July 19, 2023. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council July 19, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango A Proclamation Honoring the Life Mr. Alfred “Al” L. LaSalle WHEREAS, Alfred L. LaSalle passed away on Saturday, June 10, 2023 in New Hartford, NY at the age of 87 while under the care of Hospice Siegenthaler Center in New Hartford and WHEREAS, Al was employed with Utica Drop Forge. On March 23, 1957, Alfred was united in marriage with Joan Gohringer, a loving and devoted union of 54 years until Joan’s death in 2021 and WHEREAS, In 1961, he was appointed to the Utica Fire Department, retiring in 1996 after 35 years of dedicated service to the City of Utica. Al also worked for a time, with Dino’s Sausage as a truck driver. He was a member and Past Master of the Faxton Masonic Lodge No. 697 F.&A.M. in Utica, a member of the Utica Firefighters Retirees and First United Methodist Church in New Hartford and WHEREAS, Al’s favorite pastime was sitting on his front porch visiting with neighbors and also attending and speaking at many Utica Common Council meetings over the years and WHEREAS, Al with his good heart never forgot to thank the public safety employees for their service and would occasionally bring a rose or small gift to the City Clerk whether it be a piece of candy or a flashlight he would always make you smile and WHEREAS, if you knew Al, you knew he loved his Country and he would always end his public comments with “God Bless You and God Bless America” RESOLVED, that the Common Council does hereby pay respect to the memory of Alfred L. LaSalle for his many contributions during his lifetime to the City 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 19th day of July, 2023. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson July 19, 2023 COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the term ending December 31, 2024: John Garfield 1000 State Street Utica NY 13502 Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 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 July 19, 2023 COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the term ending December 31, 2024: Dennis Bova 471 Roseclair Avenue Utica NY 13502 Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 City of Utica Department of Legislation In Common Council July 19, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO MUNSON AND WOODLAND FARM BREWERY 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: Munson/Woodland Farm Brewery Name of Event: 2023 Summer Arts Festival Date of Event: Sunday July 29, 2023 6PM to 9PM Location of Event: Munson 310 Genesee 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, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 7 City of Utica Department of Legislation In Common Council July 19, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Main Street Grant for Midtown Utica Community Center WHEREAS, the Midtown Utica Community Center, Inc. (MUCC) is applying for New York State Homes & Community Renewal — New York Main Street funding through the 2023 Consolidated Funding Application (CFA); and WHEREAS, the New York Main Street (NYMS) Program was created to provide resources to assist New York’s communities with Main Street and downtown revitalization efforts; and WHEREAS, the Midtown Utica Community Center Project is focused on community and economic development opportunities in a key district to leverage additional funds to sustain and accelerate neighborhood revitalization efforts; and WHEREAS, the project is located in an eligible community or economic development target area that has experienced sustained physical deterioration and disinvestment with a significant number of vacant residential or commercial units; and WHEREAS, the Midtown Utica Community Center Project is requesting up to $500,000 in funding from NYMS with the required $125,000 match being provided by private funds; and WHEREAS, a formal resolution supporting the Midtown Utica Community Center’s 2023 CFA is required for the proposed NYMS program. RESOLVED, that the Common Council of the City of Utica does hereby approve and endorse the submission of a grant request by the Midtown Utica Community Center, Inc. under the 2023 Consolidated Funding Application. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 134 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson July 19, 2023 SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on June 28, 2023, and approved by the Board of Estimate & Apportionment on July 12th, 2023: Tax Map # Location Lot Size Bidder Bid 331.22-1-17 Wetmore Street 40X100.5 Zandro Alvarez $3,000.00 307.09-4-96 Dawes Avenue NA Daniel Espantoso $6,000.00 307.10-4-28 465 Euclid Road 54X118 Joseph Abidib $50,000.00 331.31-2-55 1813 Monroe Street 80X120 Muric Eldin $65,000.00 329.11-5-60 101 Woodlawn Ave. 40X58.82 Blanco & Son Realty $90,000.00 329.8-1-29 2008 Sunset Avenue 58X90 Sturges MFG Co. Inc. $70,000.00 3118.21-2-25 1012 Kellogg Avenue 60X120 Blanco & Son Realty $60,000.00 307.16-2-7 511 Deerwood Road 70X120.91 Leyla Oprasic $75,000.00 331.30-2-17 Tilden Avenue 40X100 GJ Holdings, LLC $6,000.00 Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering, Law Ordinance: 135 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson July 19, 2023 ORDINANCE WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF JUNIOR ENGINEER WHEREAS, the City has conducted an extensive search and advertisement for the position of Junior Engineer, the search yielded only one qualified candidate, Mr. Campuzano; and WHEREAS, Mr. Campuzano recently graduated from SUNY Poly this spring with a degree in Civil Engineering; and WHEREAS, Sebastian Campuzano is currently employed by the City of Utica, and in that capacity he is assists with the City of Utica’s paving program; and WHEREAS, the individual previously resided in student housing; and WHEREAS, Mr. Campuzano would like to reside outside the City limits; and WHEREAS, §2.045(b) of the Utica City Charter authorizes the Common Council by ordinance to waive the residency requirement in certain situations; and ORDAINED, that the Common Council of the City of Utica does hereby relieve Sebastian Campuzano of the applicable residency requirements of the Utica City Charter; FURTHER ORDAINED, this waiver applies to this individual in this position only, and will not be applicable to any future applicants for the position, unless otherwise determined by the ordinance of the Common Council. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering, Law Ordinance: 136 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson July 19, 2023 ORDINANCE WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF LINEMAN WHEREAS, Brad Kopie is employed by the City of Utica, as a lineman, and in that capacity he is responsible for all mechanical installation and maintenance at City Hall; and WHEREAS, Mr. Kopie has been employed with the City for 14 years and his skills are invaluable to the operation of City Hall; and WHEREAS, the individual currently resides in North Utica with his family; and WHEREAS, for personal reasons, Mr. Kopie would like to reside outside the City limits; and WHEREAS, the Common Council of the City of Utica finds Mr. Kopie’s skills and qualifications are so unique as to make replacing him impractical; and WHEREAS, §2.045(b) of the Utica City Charter authorizes the Common Council by ordinance to waive the residency requirement in certain situations; and ORDAINED, that the Common Council of the City of Utica does hereby relieve Brad Kopie of the applicable residency requirements of the Utica City Charter; FURTHER ORDAINED, this waiver applies to this individual in this position only, and will not be applicable to any future applicants for the position, unless otherwise determined by the ordinance of the Common Council. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: LAW Proposed Ordinance No. 12 Submitted to council on: 07 / 13 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 07 / 19 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE AMENDING SECTION 2-15-74 (AVOIDABLE ALARM CHARGES) OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-15-74(a) of the Code of Ordinances is hereby amended to read as follows: (a) Each alarm user shall pay to the City a charge for each and every avoidable alarm to which the City responds, in each calendar year, as follow: First two avoidable alarms each calendar year No charge Third Avoidable Alarm $75 Fourth Avoidable Alarm $100 Fifth and subsequent alarm $150 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 Certify To: Budget, Comptroller, URA Resolution: 8 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster July 19, 2023 CALL FOR A PUBLICE HEARING ON 1243 & 1245 LINCOLN AVE WHEREAS, The Utica Urban Renewal Agency is the owner of 1243 & 1245 Lincoln Avenue; 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 1243 & 1245 Lincoln Avenue has been received by the Utica Urban Renewal Agency from Daniel Nauen; and WHEREAS, the developer plans to create additional parking for his adjacent property; and WHEREAS, the purchase price for this property is $500.00; 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, August 16, 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 1243 & 1245 Lincoln Avenue and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 14 Submitted to council on: 07 / 13 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 13 / 23 Thursday Rule Waiver Required? N Date of Legislation: 07 / 19 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster SALE OF 1243 & 1245 LINCOLN AVE Ordinance approving the designation of Daniel Nauen as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1243 & 1245 Lincoln Avenue; and WHEREAS, The Utica Urban Renewal Agency has acquired 1243 & 1245 Lincoln Avenue; 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 Daniel Nauen; and the developer proposes to purchase 1243 & 1245 Lincoln Avenue to create additional parking for has adjacent property; and the purchase will require the payment of $500.00; 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, August 16, 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 $500.00; 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, Sign Shop, Law Ordinance: 137 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 AMENDMENT TO SCHEDULE A: ONE WAY STREETS ORDAINED, that Sec. 2-16-356 Schedule A: One-Way Streets, be amended as follows: Columbia Square, westbound, from Saratoga Street to Lenox Avenue Columbia Square, eastbound, from Lenox Avenue to Saratoga Street Whitesboro Street, westbound, from Wiley Street to Saratoga Street Whitesboro Street, westbound, from West Saratoga Street to Lennox Ave (adopted 7/19/2023) FURTHER ORDAINED, that the proper signage be erected/removed where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Ordinance: 138 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 AMENDMENT TO SCHEDULE D: YIELD SIGNS ORDAINED, that Sec. 2-16-359 Schedule D: Yield Signs, be amended as follows: Columbia Street and Whitesboro Street, north side of Columbia Street Whitesboro Street and Columbia Street, north side of Whitesboro Street (adopted 7/19/2023) FURTHER ORDAINED, that the proper signage be erected/removed where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Ordinance: 139 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to read as follows: Seneca Street and Whitesboro Street, southeast corner Whitesboro Street and Seneca Street, Four Way Stop at Each Intersection (Added 07/19/2023) FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Ordinance: 140 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to read as follows: Whitesboro Street and Broadway, Northeast and Southwest Corners of Whitesboro Street Broadway and Whitesboro Street, Southeast Corner of Broadway (Added 07/19/2023) FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Ordinance: 141 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to read as follows: Whitesboro Street and Auditorium Drive, Northeast and Southwest Corners of Whitesboro Street Auditorium Drive and Whitesboro Street, Southeast Corner of Auditorium Drive (Added 07/19/2023) FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Ordinance: 142 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello July 19, 2023 SPEED LIMITS GENERALLY – AMENDING SECTION 2-16-136 (b) ORDAINED, that Sec. 2-16-136 (b) be amended to read as follows: Whitesboro Street from Seneca Street to Potter Avenue, Maximum speed of 25 miles per hour (Added 07/19/2023) FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 9 City of Utica Department of Legislation In Common Council July 19, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango RESOLUTION APPROVING AND ENDORSING MUNSON (FORMERLY MUNSON- WILLIAMS-PROCTOR ARTS INSTITUTE) IN ITS APPLICATION TO NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION PARKS PROGRAM FOR VISITOR IMPROVEMENTS AND AN ACCESSIBLE ENTRY TO MUNSON’S MUSEUM OF ART. WHEREAS, Munson (formerly Munson-Williams-Proctor Arts Institute) desires to apply for $500,000.00 in financial assistance through the 2023 Consolidated Funding Application (CFA) under the New York Parks Program and WHEREAS, the application proposes funding to assist property owner Munson to augment exterior amenities along its Genesee Street frontage, creating new, ADA-compliant accessibility; and WHEREAS, the proposed funding will contribute to ongoing community revitalization efforts and provide a vital new point of access for visitors with disabilities; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; RESOLVED, that the Common Council of Utica, NY approves and endorses the 2023 New York Parks Program grant application for assistance, prepared and to be submitted by Munson. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 143 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson July 19, 2023 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; 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. Yeas: Aiello, Burmaster, Friend, Ervin, Betrus, Williamson, Colosimo-Testa, 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 20th day of July, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk