MINUTES OF THE COMMON COUNCIL APRIL 3, 2018

MINUTES OF THE COMMON COUNCIL APRIL 3, 2018 A meeting of the Common Council of the City of Oneida, NY was held on the third day of March, 2018 at 6:30 o clock P.M. in Council Chambers, Oneida Municipal Building, 109 N. Main Street, Oneida, NY. Meeting was called to order by Mayor Leo Matzke PRESENT: ALSO PRESENT: Councilors Al Cohen, Michael Bowe, James Coulthart, Helen Acker, James Chamberlain and Thomas Simchik City Attorney Nadine Bell City Clerk Susan Pulverenti Comptroller Lee Ann Wells Fire Chief Kevin Salerno Asst. Fire Chief Marshal Dennis Fields Police Chief Paul Thompson Recreation Director Luke Griff Supervisors Magliocca, Reinhardt and Boylan OLD BUSINESS Update on Properties relating to Chapter 34 Unsafe Buildings The City Attorney and the Assistant Fire Marshal updated the Council on multiple properties currently being addressed relating to Chapter 34 of the City Code as follows: 216 E. Elm Street: There has been no change with this property. The Council approved litigation on this parcel, and the City Attorney is moving forward with legal action.. 212 Bates Avenue: This property has been sold to another bank and violations are being addressed. 522 Sconondoa Street: This property was taken by the City for back taxes and will need to be demolished. It is not the buyout program. 253 Linden Street: The above ground pool has been removed. The owner of this property is deceased, and the property can be taken for unpaid taxes in January, 2019. 117 E. Sands Street: The City Attorney has been in contact with the property owner s attorney on many occasions. The taxes are not current, and a number of judgements/liens have been filed since the Council s Public Hearing several months ago. The City Attorney said if someone is interested in acquiring this property, they could file and pay for a last owner search against the property. 181 Main Street: The violations, as ordered, have been corrected; however, the building will continue to deteriorate. The City Attorney discussed with the Council other options the Council would have because it is a vacant structure. She said that Local Laws have been passed in other communities relative to structures left vacant for a prolonged period that have fines, which would be assessed to the property owner. The current Vacant Building Registry and Maintenance Program needs to be readdressed. 507 Stone Street: The Council approved litigation on this parcel, and the City Attorney is moving forward with legal action. 112 Madison Street: The Council approved litigation on this parcel, and the City Attorney is moving forward with legal action. 474 Lincoln Avenue: The Council said that his property is in various stages of disrepair, and the Assistant Fire Chief said he would go over to inspect the property and report back to the Council. 409 Genesee Street: Asst. Fire Marshal Fields said that Brad Marshall, potential buyer, and John J. Sposato, representing both the Capozzi Estate (property owners) and Pyramid Brokerage, were in attendance tonight. Mr. Marshall said that he spoke with the Asst. Fire Marshal and explained his plans to bring in a structural engineer the week of April 23, 2018 to determine the viability of the building. Mr. Marshall said he would like to make the building a cold, dark shell and then all the discrepancies (windows, new roof, etc.) would be repaired. Councilor Coulthart said that a specific time frame has been instituted by the Council for compliance. Asst. Fire Marshal Fields said that notices have been given to the property owner since 2015, and Mr. Sposato said the attorney received all the notices. The Mayor said the City has been burned before, and we are hesitant to extend any deadlines. Councilor Acker said the Council is serious about the deadline and expects a complete report from the structural engineer by the

May 15 th Council meeting. Mr. Marshall said that he will follow up with Asst. Fire Marshal Fields as to the structural engineer s schedule/preliminary report. Asst. Fire Marshal Fields said he would keep the Council updated on the progress. Kallet Civic Center and Recreation Center Councilor Acker said that at the previous Common Council meeting, Mr. Hedglon stated that it was his opinion the City didn t need the Armory (Rec Center) or the Kallet Civic Center. Councilor Acker said that she is in complete disagreement with him. She said there are wants and needs that we have in the City, but there are also quality of life issues that are crucial to the City. She said that in 2016, the Recreation Center had revenues of $6,016.39 and in 2017, the revenue was $45,516.25 and continues to steadily increase each year. She said the Center is open seven days a week, and they do a great job. Councilor Acker said that over 25,000 people utilized the Kallet Civic Center in one year alone, and the Kallet Board continues to work diligently to bring entertainment to our City Center. She reiterated that these facilities are very important to the quality of life here in Oneida. Moved by Councilor Chamberlain RESOLVED, that the minutes of the regular meeting of March 20, 2018 are hereby approved as presented. Seconded by Councilor Simchik RESOLVED, that Warrant No. 8, checks and ACH payments in the amount of $2,097,313.77 as audited by the Voucher Committee is hereby approved for payment in the usual manner at the discretion of the Comptroller. Seconded by Councilor Simchik RESOLVED, that checks in the amount of $2,286.41 (City Attorney) as audited by the Voucher Committee are hereby approved for payment in the usual manner at the discretion of the Comptroller. Ayes: 5 Councilor Bowe left the Council Chambers for a few moments. CAPITAL PROJECT 18-01 BAKER TANK MIXERS RESOLUTION 18-87 RESOLVED, to authorize the Water Superintendent to proceed with Capital Project 18-1, Baker Tank Mixers, and be it further RESOLVED, to authorize the Water Superintendent to expend funds up to the amount of $117,200 for Capital Project 18-1, and be it further RESOLVED, to receive and place on file sole source memo from PAX Water Technologies designating Utility Service Company, Inc. as sole distributor for New York State, and be it further

RESOLVED, to authorize the Mayor to sign the proposal from Utility Service Company Inc. for purchase and installation of two (2) PAX mixers in Baker Storage Tanks. Mayor Matzke complimented the Water Superintendent for all the additional duties he has taken on due to the current lack of a City Engineer. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $50,000 BONDS OF THE CITY OF ONEIDA, MADISON COUNTY, NEW YORK, TO PAY COSTS OF THE REFURBISHMENT OF A FIRE LADDER TRUCK IN AND FOR SAID CITY. Moved by Councilor Simchik Seconded by Councilor Chamberlain RESOLUTION 18-88 BE IT RESOLVED, by the affirmative vote of not less than two thirds of the total voting strength of the Common Council of the City of Oneida, Madison County, New York, as follows: Section 1. Section 2. For the object or purpose of paying additional costs of the refurbishment of a fire ladder truck in and for the City of Oneida, Madison County, New York, including incidental expenses in connection therewith, there is hereby authorized to be issued an additional $50,000 bonds of said City pursuant to the provisions of the Local Finance Law. The maximum estimated cost of such object or purpose is now determined to be $500,000, and the plan for the financing thereof is as follows: (a) (b) By the issuance of the $450,000 bonds of said City, heretofore authorized to be issued therefor pursuant to a bond resolution dated June 20, 2017; and By the issuance of the additional $50,000 bonds of said City herein authorized. Section 3. Section 4. Section 5.. Section 6. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 10, 2017, the date of the first obligations issued pursuant to the aforesaid bond resolution dated June 20, 2017. The faith and credit of said City of Oneida, Madison County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Subject to the provisions 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of the Local Finance Law All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Comptroller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and

contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Comptroller shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. This resolution, which takes effect immediately upon the final passage thereof, shall be published in summary form in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Councilor Cohen: Yes Councilor Bowe: Yes Councilor Coulthart: Yes Councilor Acker: Yes Councilor Chamberlain: Yes Councilor Simchik: Yes AMEND CAPITAL PROJECT 17-40 RESOLUTION 18-89 RESOLVED, that Capital Project 17-10 Refurbishment of 100 Sutphen Tower Ladder be hereby amended to increase the budget for additional costs of the refurbishment of a fire ladder truck in the amount of $50,000.00. A RESOLUTION AUTHORIZING THE PURCHASE OF A LIFTECH SKID STEER, INCLUDING APPARATUS, IN AND FOR THE CITY OF ONEIDA, MADISON COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $71,000, AND AUTHORIZING THE ISSUANCE OF $71,000 BONDS OF SAID CITY TO PAY THE COST THEREOF. Moved by Councilor Simchik RESOLUTION 18-90 BE IT RESOLVED by the affirmative vote of not less than two thirds of the total voting strength of the Common Council of the City of Oneida, Madison County, New York, as follows: Section 1. The purchase of a Liftech Skid Steer, including apparatus, in and for the City of Oneida, Madison County, New York, is hereby authorized at a maximum estimated cost of $71,000.

Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. The plan for the financing of such maximum estimated cost is by the issuance of $71,000 bonds of said City hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. The faith and credit of said City of Oneida, Madison County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from other sources, there shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Subject to the provisions 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, is hereby delegated to the City Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of the Local Finance Law. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Comptroller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Comptroller shall determine consistent with the provisions of the Local Finance Law. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a longterm basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. This resolution, which takes effect immediately upon the final passage thereof, shall be published in summary form in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Councilor Cohen: Yes Councilor Bowe: Yes Councilor Coulthart: Yes Councilor Acker: Yes Councilor Chamberlain: Yes Councilor Simchik: Yes CAPITAL PROJECT 18-10 DPW VEHICLE REPLACEMENT

RESOLUTION 18-91 Moved by Councilor Cohen Seconded by Councilor Simchik RESOLVED, to authorize the Public Works Supervisor to proceed with a portion of Capital Project 18-10 - DPW Vehicle Replacement, and be it further RESOLVED, to authorize the purchase of the Liftech Skid Steer, including apparatus under NJPA Contract 042815-JCB in an amount not to exceed $71,000.00, and be it further RESOLVED, to authorize the Public Works Supervisor to expend funds up to the total amount of $71,000.00, and be it further RESOLVED, to authorize the Mayor to sign all documents related to Capital Project 18-10 for the purchase a Liftech Skid Steer, including apparatus. Councilor Chamberlain said the DPW may trade in a used backhoe, which could lower the cost of the skid steer. Seconded by Councilor Simchik AUTHORIZATION TO BID CAPITAL PROJECT 18-5 RESOLUTION 18-92 RESOLVED, to authorize the Purchasing Agent to advertise for bids for Capital Project 18-5 Marked Police Vehicles. Seconded by Councilor Chamberlain BUDGET TRANSFERS & AMENDMENTS RESOLUTION 18-93 RESOLVED, to authorize the following budget transfers: AMOUNT FROM TO $700.00 001.5110.0403 001.5142.0416 DPW Contracts Travel & Meals (To fund meal reimbursements) $25,000.00 002.9950.0900 123.1620.0400 Water-Transfer to Capital Software Conversion Capital Project $27,497.00 002.8300.0436 123.1620.0400 Water Contingency Software Conversion Capital Project $15,000.00 003.9950.0900 123.1620.0400 Sewer Transfer to Capital Software Conversion Capital Project $13,448.50 003.0003.0912 123.1620.0400 Sewer Fund Balance Software Conversion Capital Project (To reallocate funds from water and sewer to partially cover City Hall software conversion) RESOLVED, to authorize the following budget amendments:

$10,820.69 001.0017.1642 001.3410.0102 Fire Inspection Fees Fire Overtime (To reallocate funds received to cover overtime costs) $55,000.00 001.0022.2680 001.7521.0404 Insurance Recovery Kallet Building Repairs (To reallocate funds to apply to the Kallet building repairs for insurance funds received due to damage from water backup) A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF COMPUTER HARDWARE AND SOFTWARE IN AND FOR THE CITY OF ONEIDA, MADISON COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $160,000, AND AUTHORIZING THE ISSUANCE OF $160,000 BONDS OF SAID CITY TO PAY COSTS THEREOF. Seconded by Councilor Simchik RESOLUTION 18-94 BE IT RESOLVED by the affirmative vote of not less than two thirds of the total voting strength of the Common Council of the City of Oneida, Madison County, New York, as follows: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. The purchase and installation of computer hardware and software, in and for the City of Oneida, Madison County, New York, is hereby authorized at a maximum estimated cost of $160,000. The plan for the financing of such maximum estimated cost is by the issuance of $160,000 bonds of said City hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. The faith and credit of said City of Oneida, Madison County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from other sources, there shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Subject to the provisions 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, is hereby delegated to the City Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of the Local Finance Law. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Comptroller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Comptroller shall determine consistent with the provisions of the Local Finance Law. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a longterm basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. This resolution, which takes effect immediately upon the final passage thereof, shall be published in summary form in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Councilor Cohen: Yes Councilor Bowe: Yes Councilor Coulthart: Yes Councilor Acker: Yes Councilor Chamberlain: Yes Councilor Simchik: Yes Councilor Cohen said the current system is antiquated. CAPITAL PROJECT 18-4 COMPUTER SOFTWARE AND EQUIPMENT UPGRADE RESOLUTION 18-95 RESOLVED, to authorize the Comptroller to proceed with Capital Project 18-4 Computer Software and Equipment Upgrade, and be it further RESOLVED, to authorize the Comptroller to expend funds up to the programmed amount of $240,188.00, and be it further RESOLVED, to authorize the Mayor to sign all documents related to Capital Project 18-4 Computer Software and Equipment Upgrade. Moved by Councilor Chamberlain WAIVE RULE TO ACCEPT AGENDA ITEMS RESOLUTION 18-96 RESOLVED, that per Resolution 08-180 adopted by the Common Council on August 19, 2008, the provisions of the procedure to accept agenda items is hereby waived. ONEIDA INDIAN NATION EASEMENT RESOLUTION 18-97

Seconded by Councilor Chamberlain WHEREAS, the County of Madison and the Oneida Indian Nation have entered into Agreement whereby the County of Madison agreed to allow the Oneida Indian Nation Police Department access to the Madison County Interoperable Communications System, as administered by the Madison County Department of Emergency Communications, in exchange for easements over certain parcels owned by the Oneida Indian Nation that would allow the County to construct and maintain sanitary wastewater collection facilities; and WHEREAS, pursuant to the terms of such Agreement, the Oneida Indian Nation consented to the County s assignment of a grant of right-of-way to the City of Oneida for the purpose construction and maintaining sanitary wastewater collection facilities, so long as the City of Oneida agreed to be bound by the express terms of the grant of right-of-way, including but not limited to all security and indemnification requirements, and the Agreement; and WHEREAS, the City of Oneida desires to obtain such an easement and be bound by the terms of the Agreement, now therefore it is RESOLVED, that the Common Council of the City of Oneida does hereby agree to be bound by the terms of the aforementioned Agreement between the County of Madison and the Oneida Indian Nation and any express terms of the grant of right-of-way; and be it further RESOLVED, that the Common Council of the City of Oneida does hereby authorize the Mayor, or the Deputy Mayor, to execute any and all documents as are necessary to effectuate the easement agreement contemplated herein. City Attorney Nadine Bell said that Madison County has entered into an agreement with the Oneida Indian Nation to allow for the Nation Police to participate in the County s 911 system and in return, the Nation will provide easements on certain parcels. She said, as this is government to government, the BIA (Bureau of Indian Affairs) must review all the paperwork to make sure that authority is granted to sign any documents for the easements. Mayor Matzke said that the City has an honest relationship with the Oneida Indian Nation where we are up front with one another. NEW BUSINESS Madison County Funding as Host County Supervisor Magliocca said that Madison County will once again receive $2.25 million in gaming revenue as a host county, which was approved in the State Budget. He said that last year the City of Oneida received $92K, noting that this was not guaranteed funding until the State Budget passed. Supervisor Magliocca said that he is hoping for a fairer distribution of revenue to the City of Oneida, as $31 million of the $51 million of assessed valuation in the County is located in the City of Oneida. He said that historically Oneida has had many privately owned businesses who were paying sales tax to the City, which were purchased by the Nation years ago and those sales tax collections ceased. Supervisor Magliocca said that Oneida needs more respect at the bargaining table, and the Mayor said the City did not get their fair share. Supervisor Boylan said that the Supervisors need to come up with a logical formula so that the City gets their fair share. Oneida High School Production of Footloose Councilor Acker reminded everyone to get their tickets for the production of Footloose this weekend at Oneida High School. Kallet Civic Center Free Concert Councilor Bowe said the Paul Case Band will put on a free concert this Saturday, April 7 th from 8 pm to 11 pm at the Kallet Civic Center. He said they will be playing material from Sheryl Crow, Gregg Allman, and Fleetwood Mac among others. Unsightly Property Barbara Buehner, Oneida, complained about properties located on/near the corner of Sherman and Lake Street. She noted that one property was never mowed last year and harbors a lot of rubbish. She said that

they are throwing debris, such as washers and dryers, down the hill behind the properties on Lake Street, and it is very unsightly. She said it is very frustrating to see this. The Mayor said he will take care of this. Councilor Chamberlain said the Council is working on a new Local Law to address these issues that will have two key words; detract and devalue other properties. Executive Session Councilor Chamberlain asked that the Council go into Executive Session to discuss the proposed acquisition, sale or lease of real property and for a personnel matter. Councilor Chamberlain said there will be no action taken after the meeting. Motioned by Councilor Bowe EXECUTIVE SESSION RESOLUTION 18-98 RESOLVED, that the meeting is hereby adjourned to Executive Session at 7:29 p.m. for the purpose of discussing the proposed acquisition, sale or lease of real property and to discuss a personnel matter. PRESENT: Mayor, Councilors, City Clerk, Fire Chief 1. Discussion was held relating to the proposed acquisition, sale or lease of real property. 2. Discussion was held relating to a personnel matter. Motioned by Councilor Acker RESOLVED, that Executive Session is hereby adjourned to the regular meeting at 8:34 p.m. Motion to adjourn by Councilor Bowe The regular meeting is hereby adjourned at 8:34 p.m. CITY OF ONEIDA, NEW YORK Susan Pulverenti, City Clerk