Estimate and Apportionment Meetings--2023

MEMORA.t\TD UM OF AGREEMENT This Memorandum of Agreement (hereinafter the " MOA'') is made and effective as of the 4th day of December , 2023 by and between the City of Utic a (hereinafter the " Employer" ) and the Civil Service Employees Assoc iatio n, Inc. , Local lOOO, AFSCME, AFL-CIO (hereinafter the " Assoc ia tion"). RECITALS: WHEREAS, the Employer and the Association are parties to a collective bargaining agreement effective April l , 2020 to March 31, 2025 setting forth terms and conditions of employment for bargaining unit employees (hereinafter the " CBA"); WHEREAS , the previously created civil service title of Caretaker is recognized in the Association bargaining unit in accordance with Article l (" Recognit ion" ) of the CBA and included in Appendix "A" ("Classifications Included Under Article [ - Recognition Clause") thereof ; WHEREAS, the Employer desires to promote /appoin t the employee (date of hire April 9, 2007) holding the civil service title of Laborer to said Caretaker title on December 4, 2023; WHEREAS, the current salary of the employee to be promoted /appo inte d is more than the "Start" (Step 0) salary for said civil service title of Caretaker; and WHEREAS, the Employer desires to award a salary increase concomitant with said promotion/appointment and to retain said employee. NOW THEREFORE, in consideration of the mutual considerations and understanding set forth here in, the parties agree and stipulate as follows: AGREEMENTS: I. The Employer and Association agree that said employee being promoted/appointed to the civil service title of Caretaker shall start at the "12 Month " (Step 2) rate for the above Grade so that said employee ' s salary will not remain the same pursuant to the Article 10.03 of the CBA {i.e. "If such minimum salary is less than the actual salary of the previous position, such employee shall continue to receive his actual salary and there shall be no decrease in salary as a result of the promot This provision shall not apply to any subsequent ion."). . person filling this title. 2. This MOA constitutes the full and complete agreement of the parties with respect to the matters contained herein and no verbal statement or other agreement , except as an amendment in writing annexed hereto and designated as an amendment to this MOA shall supersede or vary the provisions herein. CSEA, [NC., LOCAL 1000, AFSCME, AFL-CIO Michael Nesci, Labor Relatio ns S eciali s t Date ·14{1 u; 1 /4cr /cf! ocZj , _ -,.,-ffr ,",'17 n i-t -Pr-e s- i-d - 1 ,_._ Da te- . 7 Sponsored by: BOND ORDINANCE DATED DECEMBER 6, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $2,500,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF STREET PAVING PROJECTS. WHEREAS, all conditions precedent to the financing of the capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW THEREFORE, BE IT RESOLVED, 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 construction, reconstruction, widening or resurfacing of a highway, road, street, parkway or parking area, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights of way, with flexible pavement of a type described in Local Finance Law Section 11(a)(20)(c), at an estimated maximum cost of $2,500,000. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $2,500,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $2,500,000 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. Section 3. It is hereby determined that the periods of probable usefulness of the aforesaid class of objects or purposes is fifteen (15) years pursuant to Local Finance Law Section 11.00(a)(20)(c). 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. 16860040.1  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, including sale by electronic bidding, 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. 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 2 16860040.1 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 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. 3 16860040.1  On roll call, the vote on the adoption of such ordinance was as follows: Councilman Michael P. Galime, President Voting Councilwoman Katie Aiello Voting Councilman Robert Burmaster Voting Councilwoman Celeste Friend Voting Councilman Frank Meola Voting Councilman Venice Ervin Voting Councilman Joseph Betrus, Jr. Voting Councilman Mark Williamson Voting Councilwoman Samantha Colosimo-Testa Voting Councilman Frank Dibrango Voting ADOPTED. 4 16860040.1 STATE OF NEW YORK ) ) SS.: COUNTY OF ONEIDA ) I, MELISSA SCIORTINO, Clerk of the City of Utica, Oneida County, New York (the “City”), DO HEREBY CERTIFY: That I have compared the annexed abstract of the minutes of the meeting of the Common Council of the City, held on the 6 th day of December, 2023, including the Ordinance contained therein, with the original thereof on file in my office, and the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that the full Common Council of the City consists of ten (10) members; that (_) members of the Common Council were present at such meeting; and that (_) of such members voted in favor of the above Ordinance. I FURTHER CERTIFY that (i) all members of the Common Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this day of , 2023. Melissa Sciortino, Clerk City of Utica, Oneida County, New York (SEAL) 5 16860040.1  RESOLUTION 2023-24 Fiscal Year BY: RESOLVED THAT THE CITY COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO MAKE THE FOLLOWING TRANSFER: FROM: Sec. 8 Educ. &B858611 Training 408 $12,000.00 Sec.TO: 8 RepairsB858611 461 $12,000.00 EXPLANATION: To cover overage in Section 8 account. ACCOUNT NO: NAME OF ACCOUNT AMOUNT B858611.408 Original Budget: $25,000.00 Revised Budget with Transfer: $13,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 1,650.00 Balance Before Transfer: 23,350.00 Percentage Used (Original Budget): 6.60% Percentage Used (Revised Budget): 12.69% ACCOUNT NO: NAME OF ACCOUNT AMOUNT B858611.461 Original Budget: $1,000.00 Revised Budget with Transfer: $13,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 11,108.00 Balance Before Transfer: (10,108.00) Percentage Used (Original Budget): 1110.80% Percentage Used (Revised Budget): 85.45%  RESOLUTION 2023-24 Fiscal Year BY: RESOLVED THAT THE CITY COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO MAKE THE FOLLOWING TRANSFER: FROM: A57310 402 Youth Other Supplies $2,550.00 A57310 409 Youth Travel $2,000.00 A57310 451 Youth Rental or Lease $950.00 Youth Overtime TO: A57310 103 $5,500.00 EXPLANATION: To cover current & future overage in OT account. ACCOUNT NO: NAME OF ACCOUNT AMOUNT A57310.402 Original Budget: $6,000.00 Revised Budget with Transfer: $3,450.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 758.96 Balance Before Transfer: 5,241.04 Percentage Used (Original Budget): 12.65% Percentage Used (Revised Budget): 22.00% A57310.409 Original Budget: $2,000.00 Revised Budget with Transfer: $0.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 0.00 Balance Before Transfer: 2,000.00 Percentage Used (Original Budget): 0.00% Percentage Used (Revised Budget): 100.00% A57310.451 Original Budget: $950.00 Revised Budget with Transfer: $0.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 0.00 Balance Before Transfer: 950.00 Percentage Used (Original Budget): 0.00% Percentage Used (Revised Budget): 100.00% ACCOUNT NO: NAME OF ACCOUNT AMOUNT A57310.103 Original Budget: $20,000.00 Revised Budget with Transfer: $25,500.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 20,765.72 Balance Before Transfer: (765.72) Percentage Used (Original Budget): 103.83% Percentage Used (Revised Budget): 81.43%  RESOLUTION 2023-24 Fiscal Year BY: RESOLVED THAT THE CITY COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO MAKE THE FOLLOWING TRANSFER: FROM: IT Lease A51680 45101 Payment $42,000.00 TO: Pools A57142 441 Contr. Svcs. $42,000.00 EXPLANATION: To cover unexpected pool invoice. ACCOUNT NO: NAME OF ACCOUNT AMOUNT A51680.45101 Original Budget: $95,000.00 Revised Budget with Transfer: $53,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 24,315.96 Balance Before Transfer: 70,684.04 Percentage Used (Original Budget): 25.60% Percentage Used (Revised Budget): 45.88% ACCOUNT NO: NAME OF ACCOUNT AMOUNT A57142.441 Original Budget: $5,400.00 Revised Budget with Transfer: $47,400.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 46,939.38 Balance Before Transfer: (41,539.38) Percentage Used (Original Budget): 869.25% Percentage Used (Revised Budget): 99.03%  RESOLUTION 2023-24 Fiscal Year BY: RESOLVED THAT THE CITY COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO MAKE THE FOLLOWING TRANSFER: FROM: A58170 113 DPW Street Cloth. Allow. $1,000.00 A51621 461 Facilities Repairs $13,500.00 A59730 621 BAN Principal $12,000.00 A51340 406 Budget Memberships $550.00 A57110 45101 Parks Lease Payments $8,000.00 A51620 464 City Hall Cust. Supplies $1,000.00 TO: A58170 213 DPW Street Cloth. Exp. $1,000.00 A55182 461 St. Lighting Repairs $13,500.00 A59730 443 Bond & Note Svcs. $12,000.00 A51930 406 Liability Memberships $550.00 A57110 451 Parks Rentals $8,000.00 A51620 202 City Hall Other Equip. $1,000.00 EXPLANATION: To cover overages in various accounts. ACCOUNT NO: NAME OF ACCOUNT AMOUNT A58170.113 Original Budget: $8,000.00 Revised Budget with Transfer: $7,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 4,800.00 Balance Before Transfer: 3,200.00 Percentage Used (Original Budget): 60.00% Percentage Used (Revised Budget): 68.57% A51621.461 Original Budget: $40,000.00 Revised Budget with Transfer: $26,500.00 Transfers in: 0.00 Transfers out: 3,500.00 Expended & Encumbered: 4,670.95 Balance Before Transfer: 31,829.05 Percentage Used (Original Budget): 12.80%  Percentage Used (Revised Budget): 20.31% A59730.621 Original Budget: $1,452,000.00 Revised Budget with Transfer: $1,440,000.00 Transfers in: 0.00 Transfers out: 50,000.00 Expended & Encumbered: 1,207,000.00 Balance Before Transfer: 195,000.00 Percentage Used (Original Budget): 86.09% Percentage Used (Revised Budget): 86.83% A51340.406 Original Budget: $550.00 Revised Budget with Transfer: $0.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 0.00 Balance Before Transfer: 550.00 Percentage Used (Original Budget): 0.00% Percentage Used (Revised Budget): 100.00% A57110.45101 Original Budget: $166,812.00 Revised Budget with Transfer: $158,812.00 Transfers in: 0.00 Transfers out: 6,000.00 Expended & Encumbered: 133,953.22 Balance Before Transfer: 26,858.78 Percentage Used (Original Budget): 83.30% Percentage Used (Revised Budget): 87.66% A51620.464 Original Budget: $5,000.00 Revised Budget with Transfer: $4,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 1,638.52 Balance Before Transfer: 3,361.48 Percentage Used (Original Budget): 32.77% Percentage Used (Revised Budget): 40.96% ACCOUNT NO: NAME OF ACCOUNT AMOUNT A58170.213 Original Budget: $6,000.00 Revised Budget with Transfer: $7,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 6,847.41  Balance Before Transfer: Percentage Used (Original Budget): Percentage Used (Revised Budget): (847.41) 114.12% 97.82% A55182.461 Original Budget: $60,000.00 Revised Budget with Transfer: $73,500.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 73,046.90 Balance Before Transfer: (13,046.90) Percentage Used (Original Budget): 121.74% Percentage Used (Revised Budget): 99.38% A59730.443 Original Budget: $30,000.00 Revised Budget with Transfer: $43,000.00 Transfers in: 50,000.00 Transfers out: 0.00 Expended & Encumbered: 80,806.61 Balance Before Transfer: (806.61) Percentage Used (Original Budget): 101.01% Percentage Used (Revised Budget): 86.89% A51930.406 Original Budget: $10,500.00 Revised Budget with Transfer: $11,050.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 10,722.76 Balance Before Transfer: (222.76) Percentage Used (Original Budget): 102.12% Percentage Used (Revised Budget): 97.04% A57110.451 Original Budget: $12,000.00 Revised Budget with Transfer: $20,000.00 Transfers in: 5,000.00 Transfers out: 0.00 Expended & Encumbered: 21,151.51 Balance Before Transfer: (4,151.51) Percentage Used (Original Budget): 124.42% Percentage Used (Revised Budget): 84.61% A51620.202 Original Budget: $0.00 Revised Budget with Transfer: $1,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 675.00 Balance Before Transfer: (675.00) Percentage Used (Original Budget): Percentage Used (Revised Budget): 0.00% 67.50%