Common Council Meeting Minutes

City of Utica Common Council – Special Meeting October 29, 2024 The meeting is called to order at 5:31 P.M. Andrew Castilla, Deputy City Clerk Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Joseph Betar, 3rd District Councilmember & President Pro-Temp; Frank Carcone, 4th District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Ed Noonan, UPD; Stephanie DiGiorgio, Corporation Counsel; Michael Gentile, Chief of Staff; Mark Sokolowski, DPW; Scott Ingersoll, Fire Chief PRO. ORD. 1 – AMENDING ARTICLE 1 OF CHAPTER 1-15 OF THE CITY OF UTICA CODE OF ORDINANCES: MISCELLANEOUS PROVISIONS AND OFFENSES A motion by Councilmember Colosimo-Testa to place Pro. Ord. 1 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole INTRO. LOCAL LAW #4 OF 2024 – A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFROMATION AND DESIGNATION OF AGENT” A motion by Councilmember Colosimo-Testa to lay Intro. Local Law #4 on the table Motion seconded by Councilmember Burmaster None Opposed Tabled A motion to adjourn made by Councilmember LoMedico Motion seconded by Councilmember Williamson President Pro-Temp Betar Adjourned: 6:05 P.M.  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 1 Submitted to council on: 10 / 22 / 24 Proposed Resolution No. Sent to Council Attorney on: 10 / 22 / 24 Thursday Rule Waiver Required? N Date of Legislation: 10 / 29 / 24 Explanation provided to council on: / / _______________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa AMENDING ARTICLE 1 OF CHAPTER 1-15 OF THE CITY OF UTICA CODE OF ORDINANCES; MISCELLANEOUS PROVISIONS AND OFFENSES. WHEREAS, Mayor Michael Galime and members of the Common Council of the City of Utica are committed to maintaining safe, clean and welcoming public places for the enjoyment and use of all residents, businesses and visitors; and WHEREAS, loitering, excessive begging and unauthorized camping on public property can negatively impact the quality of life for residents and discourage economic development, tourism and the use of public places; and WHEREAS, excessive loitering and public sleeping or camping in areas not designated for such purposes can create safety hazards, obstruct pedestrian traffic and prevent the effective maintenance and use of public facilities; and WHEREAS, businesses and property owners have reported negative impacts on commerce and customer experience due to activities associated with loitering and excessive begging near storefronts and commercial areas; and WHEREAS, the City of Utica recognizes the importance of maintaining public places that are safe and accessible for all citizens, including vulnerable populations such as families with children and elderly individuals, who may feel unsafe or uncomfortable due to these activities; and WHEREAS, public health and safety concerns, including litter, sanitation issues and unauthorized structures or encampments, can arise from camping or sleeping on public property, necessitating greater city resources for cleanup and enforcement; and WHEREAS, prohibiting loitering, excessive begging, and unauthorized camping aligns with the city’s efforts to create a more orderly and functional use of public spaces, ensuring they remain conducive to community events, recreation and civic activities; and WHEREAS, the City of Utica seeks to balance the need for public safety and welfare with compassion for individuals in vulnerable situations and this legislation provides for appropriate enforcement mechanisms while encouraging referrals to social services and/or other public or private agencies who provide assistance for those in need; and  WHEREAS, it is in the public interest to establish clear regulations on the use of public property to maintain an environment that promotes the general welfare, safety and economic vitality of the City of Utica; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Utica, that the City of Utica Code of Ordinances Chapter 1-15 be and is hereby amended as follows: Article 1 In General Sec. 1-15-1 Definitions As used in this section, the following terms shall have the meanings indicated: Intimidate means to engage in conduct through words and/or physical actions which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to, coercion and threatening conduct. Loitering means to remain idle in essentially one location, including spending time idly, loafing, lingering, wandering and/or walking about aimlessly. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public Place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. Sec. 1-15-2 Loitering No person shall loiter in a public place in such manner as to: (1). Create or cause to be created a danger of a breach of the peace. (2). Create or cause to be created any disturbance or annoyance to the comfort and repose of any reasonable person. (3). Obstruct the free passage and uninterrupted use of the street, sidewalk, crosswalk or public place by any pedestrian or vehicle. (4). Cause or cause to be created an environment where any reasonable person would feel unsafe. (5). Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, vulgar, coercive, threatening or insulting nature, and/or which are calculated to annoy or disturb the person to, or in whose hearing, they are made. Sec. 1-15-3 Loitering for drug-related purposes in a designated area (a) As used in this section, the following terms shall have the meanings indicated: Public place means any place to which the public or a substantial number of persons have access, including but not limited to any highway, street, sidewalk, right of way, park, playground, school, school grounds or transportation facilities. Designated area means any specific public place designated in writing by the chief of police as an area associated with the criminal sale of controlled substances [or marihuana [marijuana]] or other illegal substance as defined in New York State Penal Law. Loitering for drug-related purposes means remaining in any one public place, with or without one or more persons, under circumstances, actions and activities that would warrant a reasonable person to believe that the purpose of that behavior is to unlawfully sell or buy a controlled substance [or marihuana [marijuana]] or other illegal substance, as defined in New York State Penal Law. Public place means any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. Sec. 1-15-4 Aggressive Begging The purpose of this section is to regulate acts of coercive and aggressive panhandling and acts of aggressive begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose a risk to traffic and/or public safety. (a) As used in this section, the following terms shall have the meanings indicated: Aggressive begging means to beg with the intent to intimidate or coerce another person into giving money or goods. Coerce or Coercive means to do any of the following with intent:  (i) To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with the commission of a criminal act upon the person, another person or personal property, including monies, in the person’s possession; or (ii) To approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent; or (iii) To persist in a solicitation after the person solicited has given a negative response; or (iv) To block the passage of a person, pedestrian traffic a vehicle or vehicular traffic while making a solicitation; or (v) To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands; or (vi) To make any false or misleading representation in the course of making a solicitation. Intimidate means to engage in conduct which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to coercion and threatening behavior Panhandling means: any means of asking, begging, requesting or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (i) It shall be unlawful for any person to aggressively beg in public places within the City. (ii) It shall be unlawful for any person to aggressively beg on private property if asked to leave by the owner or owner's representative, or if there is a sign posted on the private property that prohibits, in some manner, aggressive begging or solicitation. (iii) The following factors, while not dispositive of an actor's intent, shall be deemed admissible probative evidence, and may be considered in determining whether the actor intended to aggressively beg in violation of this section: (1) That the actor physically touches the person(s) solicited without consent or express invitation to do so; (2) That the actor follows the person(s) solicited without express invitation to do so and with the specific intent and actual effect of prolonging the solicitation encounter; (3) That the actor directs profane or abusive language, threatening, coercive or fighting words towards persons refusing the solicitation; or (4) That the actor threatens the person(s) solicited with physical violence or harm either verbally or through physical gestures designed to make a reasonable person fear for their safety. Sec. 1-15-5 Solicitation on or near street or highway, Panhandling, Pedestrian Interference The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Streets or highways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning, flow and safety. It has been determined that persons standing near intersections and traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights cause such distractions and delays. (a) Unless expressly authorized by the City via a permit or other written permission, it shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions or sales of any kind or collect monies for such from the occupant of any vehicle traveling upon any street or highway when: (i) Such solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway. (ii) Such solicitation or collection causes the person performing the activity to be located upon any median area, whether raised or on an even plane with the street or highway, which separates traffic lanes for vehicular travel. (iii) Such solicitation or collection causes the person performing the activity to locate him or herself such that vehicles cannot move into a legal parking area to safely conduct the transaction. (iv) For purposes of this section, the traveled portion of the street or highway shall mean that portion of any street or highway located within the city which can be used by moving motor vehicle traffic, including the gutter on the edge of any street or highway. Sec. 1-15-6 Prohibited Camping (a) Definitions. As used in this section the following terms shall mean: Camp means to set up or to remain in or at a campsite. Campsite means any place for which no building or occupancy permit has been obtained from the City, where bedding, sleeping bag(s) or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. Public Place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (b) Sleeping in Public Places Prohibited. (i) No person may sleep in public places at any time as a matter of individual and public safety. (ii) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. (iii) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. (c) Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street, stairwell, alley, lane, public right of way, park, bench or any other publicly-owned property or under any bridge or viaduct, unless: (i) Otherwise specifically authorized by this Code (ii) Via a formal authorization given by the Mayor in emergency circumstances (iii) Upon Common Council resolution, the Council may exempt a special event from the prohibitions of this section, if the Council finds such exemption to be in the public interest. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the Council shall specify the exact dates and location covered by the exemption. (d) Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the City Police Department may occur under the following circumstances: (i) Prior to removing the campsite, the City shall post a notice at the campsite, 48- hours in advance requiring the removal of any and all personal property. (ii) At the time a 48-hour notice is posted, the City shall inform a local agency  (delivering social services to individuals in vulnerable situations) of the location of the campsite. (iii) After the 48-hour notice period has passed, the City is authorized to remove the campsite and all personal property related thereto. (e) Personal Property Retained for Evidence For purposes of this section, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Weapons, drug paraphernalia, items appearing to be stolen and/or evidence of a crime may be retained as evidence by the City of Utica Police Department until an alternate disposition is determined. (f) Other Prohibited Camping Camping is prohibited on or in all privately-owned property in the City; provided, however, that camping is permitted, subject to any other conditions, restrictions or prohibitions in this Code (including but not limited to Appendix A – Zoning Code) on such property with the express permission and consent of the property owner. BE IT FURTHER ORDAINED, that the City shall establish and implement appropriate enforcement measures to uphold this ordinance while providing avenues for individuals in need of assistance to be connected to relevant social services and resources. BE IT FURTHER ORDAINED, that all city departments and officials are authorized and directed to take any necessary actions to carry out the provisions of this ordinance, ensuring proper public awareness, compliance and enforcement. BE IT FURTHER ORDAINED, that this ordinance shall take effect immediately upon passage and filing in accordance with applicable law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 10 / 25 / 24 Proposed Resolution No. Sent to Council Attorney on: 10 / 25 / 24 Thursday Rule Waiver Required? N Date of Legislation: 11 / 06 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 4 OF 2024 Presented and read __________, 2024. Laid on the Table ___________, 2024. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2024. Became a Local Law with the approval of the Mayor on __________, 2024, after a public hearing on __________, 2024. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Water Authority, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within thirty-five (35) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi