On the agenda: Oneida Minutes — data center (Oct 6)

CITY OF ONEIDA
COMMON COUNCIL MEETING MINUTES

Date:

October 6, 2026

Presiding:

Rick Rossi, Mayor

Time:

6:30pm

Clerk:

Sandy LaPera, City Clerk

Location:

Common Council
Chambers

Meeting Type:

Regular ☒

Special ☐

CALL TO ORDER
The meeting was called to order by Mayor Rick Rossi, followed by the Pledge of Allegiance and
roll call.
Attendees

Present

Absent

Arrived Late

Mayor Rossi
City Manager Lovell
Councilor McHugh
Councilor Cimpi
Councilor Smith
Councilor Jones
Councilor Pagano
Councilor Simchik

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☐:___________
☐:___________
☐:___________
☐:___________
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☐:___________

Also Present
City Attorney Bell
Attorney (Other)
Fire Chief Jones
Police Chief Lowell

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Supervisor:_________________
Supervisor:_________________
Other:_____________________
Other:_____________________

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PUBLIC COMMENT

GREGG MYERS-ONEIDA
Mr. Gregg Myers – Public Comment Regarding Proposed Master Fee Schedule
Mr. Gregg Myers expressed concerns regarding the proposed Master Fee Schedule, particularly
the potential impact of increased code enforcement and building permit fees on residential
development and property improvements within the City.
He questioned whether the proposed increases were intended to cover departmental operating
costs, fund additional positions, or generate revenue. He also expressed concern that higher fees
could discourage new construction and reinvestment in existing properties.
Mr. Myers compared building permit fees in the City of Oneida with those in neighboring
municipalities, noting that residential construction appears to be occurring in surrounding
communities while development within the City remains limited. He also raised concerns
regarding the availability of City water service in certain areas.
He emphasized the importance of encouraging residential and commercial development,
attracting new businesses, and providing incentives for property owners to maintain and improve
their properties. He suggested that the long-term property tax revenue generated by new
construction could be more beneficial to the City than higher upfront permit fees.
Mr. Myers acknowledged the need to periodically review and adjust municipal fees but
encouraged the City to take a more proactive approach to economic development. He indicated
that he would return to a future Common Council meeting to raise additional questions regarding
the proposed fee schedule.
DAN JONES-ONEIDA
Mr. Dan Jones reminded residents that early voting will take place from October 24 through
November 1, 2026, and that all early voting will take place at St. Paul’s. He further advised that
Election Day is November 3, with residents of Wards 1 and 2 voting at St. Paul's and residents of
Wards 3, 4, 5 and 6 voting at the Kallet Civic Center.
Mr. Jones then expressed concerns regarding the City's efforts to inform voters about the
proposed $3 million bond referendum for infrastructure improvements. Drawing on his
experience as an election worker, he emphasized the importance of ensuring voters understand
ballot propositions before casting their votes.
He questioned whether sufficient information had been provided to residents regarding the
necessity, purpose and financial implications of the proposed bond, noting that discussions at
Council meetings and newspaper coverage may not reach a significant portion of the voting
public.

Mr. Jones acknowledged the potential need for infrastructure improvements but expressed
concern that, given the current economic climate, voters may be reluctant to support a substantial
financial commitment without a clear understanding of its purpose. He encouraged the City
administration and Common Council to consider additional public outreach and to have an
alternative plan in place should the referendum fail.
OLD BUSINESS
Ethics Investigation, Annual Training and Confidentiality
Councilor Jones requested an update on the ongoing investigation concerning an alleged breach
of confidentiality. City Attorney Bell advised that the third-party investigator had completed
approximately 95% of the investigation and was working to resolve the remaining issue, with
completion anticipated in the near future. Councilor Jones also referenced Resolution 25-178,
adopted in October 2025, establishing annual training requirements regarding confidentiality and
ethical governance, and questioned why the training had not yet occurred. City Manager Lovell
explained that staffing circumstances within the Human Resources Department earlier in the year
had delayed implementation and indicated that arrangements could be made to conduct the
training.
Discussion followed regarding the May 19, 2026, meeting and whether discussions held behind
closed doors were considered confidential despite not qualifying as an executive session under
the Open Meetings Law. City Attorney Bell explained the distinction between a formal executive
session and a private discussion for the purpose of obtaining legal advice, noting that attorneyclient privileged communications remain confidential. Councilor Jones questioned the
circumstances surrounding the meeting and whether all information discussed was protected
from disclosure. Councilor Pagano expressed concern that information shared during the
meeting, which he believed to be confidential, had subsequently been disclosed, along with
information contained in an email exchange the following day, noting that he would not have
shared personal information had he known it would not be kept confidential.
Councilor Pagano requested that these alleged disclosures be examined following completion of
the current investigation. City Attorney Bell emphasized the importance of clearly identifying the
legal basis and purpose of closed-door discussions, ensuring that matters appropriate for public
discussion remain in open session, and maintaining confidentiality when privileged information is
shared. The discussion highlighted the need for greater clarity regarding executive sessions,
attorney-client privilege and the handling of confidential communications.
Councilor McHugh discussed the process followed during the previous ethics investigation,
explaining that the matter had been referred to the Ethics Board for review of an alleged
disclosure of confidential information potentially involving contract negotiations and collective
bargaining. She noted that the Board had determined a possible violation, warranted further
consideration and emphasized the importance of following an established process to determine
whether information was protected and whether an ethics violation may have occurred.

Councilor Pagano responded that, regarding the current matter, City Attorney Bell had indicated
that convening the Ethics Board was unnecessary because an individual had already
acknowledged sharing information. He maintained that he had followed the appropriate steps in
raising his concerns and that the circumstances differed from those of the previous investigation.
Councilor McHugh commented on her attendance at the recent New York Conference of Mayors
(NYCOM) conference, noting that it provided valuable training, educational opportunities and the
ability to exchange ideas with officials from other municipalities facing similar challenges. She
noted that the conference also offered an ethics seminar and encouraged other Council members
to consider attending. Councilor McHugh suggested including funding in the budget for Council
members interested in participating, estimating the registration cost at approximately $700 per
person. She further noted that next year's conference would be held at Turning Stone, eliminating
the need for overnight accommodations and associated travel expenses.
Demolition of City-Owned Properties
City Manager Lovell advised that the proposed demolition of the City-owned properties located
at 136 and 138 Madison Street and 210 Sconondoa Street had been removed from the agenda
due to issues identified with the Request for Proposals (RFP) process involving a former employee.
He indicated that the City was working to address and resolve those issues.
Public Communication Regarding $3 Million Sewer Referendum
Councilor Jones expressed concern that residents may be unaware of the upcoming $3 million
bond referendum for the partial reconstruction of the sewer collection system and requested an
update on public outreach efforts. City Manager Lovell advised that educational materials
explaining inflow and infiltration (I&I) had been prepared and suggested holding a public
informational session with an opportunity for questions and answers. City Clerk LaPera advised
that two pages of the November City newsletter, scheduled for distribution in mid-October, would
be dedicated to the referendum, with additional information distributed through an email blast
and the City's Facebook page.
Shared Services and Cooperative Purchasing
Discussion followed regarding opportunities for shared services and cooperative purchasing with
neighboring municipalities. City Manager Lovell provided an update on discussions with local
officials regarding potential partnerships, shared equipment, water services and purchasing
agreements. Council members encouraged continued exploration of opportunities to reduce
costs, including the potential sharing of costly fire apparatus and utilizing existing county
purchasing contracts.
City Manager Lovell noted that preliminary discussions with Madison County regarding IT services
indicated that the County's estimated costs would exceed the City's current contract expenses,
making that particular arrangement less feasible. He emphasized that opportunities involving bulk
purchasing, road salt, sand, fuel and other municipal services remained under consideration and
that efforts to strengthen relationships with neighboring communities would continue.

Councilor Jones noted that Madison County maintains a comprehensive schedule of shared
services identifying participating municipalities, including several towns, but that the City of
Oneida was not listed as a participant. She suggested reviewing the existing agreements to
identify potential opportunities for the City and offered to forward the information. City Manager
Lovell referenced a 2023 County shared services study outlining additional opportunities and
indicated that he would provide a copy to the Common Council for review.
Kallet Civic Center and DRI Funding
Discussion was held regarding the future of the Kallet Civic Center and the potential availability of
Downtown Revitalization Initiative (DRI) funding. City Manager Lovell advised that the City was
awaiting guidance from New York State regarding the amount of funding that could be reallocated
to the project. He explained that the Kallet and Higinbotham projects had been included in the
City's original Strategic Investment Plan but were not selected for funding by the State. He further
noted that discussions had taken place with engineering firms regarding potential improvements
and that the State was reviewing other funding commitments, including those associated with
Hotel Oneida, before determining available funding.
City Manager Lovell indicated that previous estimates of approximately $800,000 for exterior
renovations did not address necessary interior improvements, including ADA accessibility
requirements. Once funding availability is determined, the Common Council will have an
opportunity to discuss the future of the Kallet, including continued City ownership and
renovation, private operation, or potential sale.
MAYOR’S REMARKS:
Mayor Rossi thanked everyone who attended and contributed to the success of the City's 6th
Annual Fall Festival. He expressed his appreciation to City Clerk Sandy LaPera, Deputy City Clerk
Monique Ludwig, Parks and Recreation Director Luke Griff and staff, the Police and Fire
Departments, and the Department of Public Works for their efforts in making the event another
success. He noted that the festival marked the beginning of the City's October and Halloween
festivities.

CITY MANAGER’S REPORT:

See Attached

APPROVAL OF MINUTES

Moved by Councilor Cimpi
Seconded by Councilor Smith
RESOLVED, that the minutes of the meeting held on September 15, 2026, are approved
as presented.

Ayes:
5
Nays:
0
Absent: 0
Abstain: 2 (McHugh/Jones)
MOTION RESULT: ☒Passed ☐Failed
APPROVAL OF WARRANT

Moved by Councilor Simchik
Seconded by Councilor Cimpi
RESOLVED, that Warrant No. 19, including checks and ACH payments totaling
$1,408,822.10, as audited by the Voucher Committee, is hereby approved for payment in
the usual manner at the discretion of the Comptroller.
Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
DISCUSSION: Councilor Jones questioned expenditures for outside vendors performing fire
extinguisher inspections, noting that a Fire Department employee receives a contractual stipend
for inspection duties. It was explained that while the employee performs routine inspections,
certain periodic inspections require outside vendors. Councilor Jones also questioned whether
the City utilizes local vendors whenever possible and raised concerns regarding previous
expenditures for fire inspections of City-owned buildings, which she understood could not be
performed by the City's Fire Department. It was indicated that the matter would be reviewed.

RESCHEDULE COMMON COUNCIL MEETING
RESOLUTION 26-139

Moved by Councilor Jones
Seconded by Councilor McHugh
RESOLVED, that the Common Council hereby approves rescheduling the regular Common
Council meeting scheduled for Tuesday, November 3, 2026, to Wednesday, November 4,
2026, due to Election Day.

Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
BOARD REAPPOINTMENTS-ETHICS COMMITTEE
RESOLUTION 26-140

Moved by Councilor Pagano
Seconded by Councilor Simchik
RESOLVED, to approve the Mayor’s reappointment of the following individuals to the
Ethics Board for a 4-year term:
Sarah Marshall
Wendy Matters
Brahim Zogby

Expiration Date
Expiration Date
Expiration Date

October 23, 2030
October 11, 2030
October 17, 2030

Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
DISCUSSION: Councilor Jones questioned the current membership of the Ethics Board and
whether it complied with the City Charter. It was clarified that the Board consists of the Mayor
and four appointed members; however, only 3 were up for reappointment. Discussion also
addressed the Charter requirement for staggered four-year terms, with City Clerk LaPera
explaining the longstanding difficulties in maintaining staggered appointments due to vacancies,
resignations and challenges recruiting board members. It was suggested that the Charter
provisions be reviewed for possible amendment.

BUDGET TRANSFERS AND AMENDMENTS
RESOLUTION 26-141

Moved by Councilor Simchik
Seconded by Councilor Cimpi
RESOLVED, to approve the budget transfers and amendments as outlined by the
Comptroller or a third party duly retained by the City of Oneida to perform such services.

2026 Budget Adjustments
Budget Adjustment #1
Amount

To

From

$56,239.18

002.8300.0431.0000
Water Taxes

002.0002.0912.0000
Water Fund Balance

Purpose: To allocate funds for the payment of property taxes for the city owned water facilities

Budget Adjustment #2
Amount

To

From

$62,000

001.3410.0101.0000
Fire Salaries

001.0001.0912.0000
General Fund Balance

Purpose: To allocate funds to cover the expected salary needs through 2026

Budget Adjustment #3
Amount

To

From

$65,000

001.3410.0102.0000
Fire Overtime

001.0001.0912.0000
General Fund Balance

Purpose: To allocate funds to cover the expected salary needs through 2026

Budget Adjustment #4
Amount

To

From

$10,000

001.1640.0403.0001
Central Vehicle Police Repairs

001.0001.0912.0000
General Fund Balance

Purpose: To allocate funds to cover snow tires for patrol vehicles, brake repairs, and other
mechanical failures that may arise through the remainder of 2026. This transfer is necessary to
maintain safe, reliable patrol vehicles and ensure uninterrupted police services.
Ayes:
4
Nays:
3 (McHugh/Smith/Jones)
Absent: 0
MOTION RESULT: ☒Passed ☐Failed

DISCUSSION: Councilor Jones expressed concern that approval of the transfers would reduce the
fund balance to approximately 15.77% of the budget, approaching the City's recently revised
minimum threshold of 15%. Based on an analysis of expenditures through the first eight months
of the year, concerns were raised that Fire Department salaries and overtime accounts could
require an additional transfer of approximately $100,000 before year-end. While City Manager
Lovell believed the proposed transfers would be sufficient to meet expenses throughout the
remainder of the year, the Council member questioned whether additional funding would be
necessary and suggested seeking input from the Fire Chief.
Fire Chief Jones addressed the concerns regarding Fire Department salaries and overtime,
explaining that his projections were based on the remaining payroll periods and anticipated
expenditures through year-end. He indicated that approximately $510,000 would be needed for
regular salaries, with a current account balance of $449,772. He further explained that certain
expenses, including holiday pay, would be addressed through adjustments within the
department's existing budget where possible, with Council approval sought for any necessary
transfers between accounts.
Regarding overtime, Chief Jones stated that expenditures averaged approximately $14,000 per
month, with recent monthly costs falling below that amount. Based on his calculations and
anticipated emergency responses, he believed the proposed budget transfers would be sufficient
to cover Fire Department expenses through the end of the year.
City Manager Lovell outlined measures being implemented to control expenditures, particularly
overtime costs. He explained that overtime is now reviewed each payroll period, with
discretionary overtime substantially restricted and additional justification and supervisory
approval required. These measures are intended to provide greater oversight and proactively
manage departmental expenses.
Fire Chief Jones clarified that the Fire Department has limited discretionary overtime, as most
overtime is driven by minimum staffing requirements, departmental policies and employee
absences. He explained that current staffing levels generally allow one employee to be absent
without requiring overtime; however, additional absences due to illness, injury or other
circumstances may necessitate overtime to maintain required staffing levels.
Discussion continued regarding the importance of adequately funding essential departmental
expenses, particularly salaries and overtime, before allocating funds for discretionary spending. It
was noted that historical expenditures for one account averaged approximately $148,000
annually over the past seven to eight years, while only $120,000 had been budgeted, despite
anticipated contractual increases.
City Manager Lovell expressed concern that difficult decisions made during previous budget
deliberations had contributed to the City's current financial challenges. He emphasized that these
issues had developed over multiple budget years and that the City must address ongoing funding
shortfalls through realistic budgeting and difficult financial decisions. He further stressed that the
consequences of postponing these decisions ultimately affect the City, its residents and taxpayers.

AGREEMENT-STEPHANIE GWILT FALL FEST
RESOLUTION 26-142

Moved by Councilor Simchik
Seconded by Councilor Pagano
RESOLVED, to approve payment in the amount of $500.00 to Stephanie Gwilt of the band
Funky Butter for their performance at the City of Oneida Fall Festival on October 3, 2026.
Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
DISCUSSION: It was clarified that the band had already performed and that the agreement was
being presented for approval after the event due to an oversight in submitting it for the agenda.
City Clerk LaPera explained that entertainment contracts are customarily submitted for Council
approval, even when funds have been budgeted, and that the returning performer had agreed to
receive payment following the event.
APPROVAL OF UPDATED MASTER FEE SCHEDULE EFFECTIVE JANUARY 1, 2027
RESOLUTION 26-143 (TABLED)

Moved by Councilor Smith
Seconded by Councilor Simchik
WHEREAS, the City of Oneida has reviewed its existing fees for various municipal services
to determine whether they adequately reflect the costs associated with providing such
services; and
WHEREAS, many of the City’s existing fees have not kept pace with the actual costs of
providing these services; and
WHEREAS, the City recognizes the importance of establishing reasonable fees that
promote cost recovery, reduce the financial burden on property taxpayers, and provide
sustainable revenue to support municipal operations; and
WHEREAS, the proposed updated Master Fee Schedule has been reviewed as part of the
City’s 2027 budget preparation process and will assist in establishing revenue estimates
while maintaining essential municipal services; and

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Oneida
hereby approves and adopts the updated Master Fee Schedule, as presented, effective
January 1, 2027; and
BE IT FURTHER RESOLVED, that the updated Master Fee Schedule shall supersede all
previously established fees for the services identified therein, effective January 1, 2027,
except where otherwise required by applicable law; and
BE IT FURTHER RESOLVED, that the City Manager and City Comptroller or a third party
duly retained by the City of Oneida to perform such services are hereby authorized to
incorporate the anticipated revenues associated with the updated Master Fee Schedule
into the proposed 2027 City Budget.
DISCUSSION:

Discussion was held regarding the proposed Master Fee Schedule, including
concerns about its impact on businesses and development, with a suggestion to
review and consider fees separately by department while comparing them with
surrounding municipalities.

Motion to table by Councilor Smith
Seconded by Councilor McHugh
Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☐Passed ☐Failed ☒Tabled

NYS GOVERNOR’S TRAFFIC SAFETY COMMITTEE GRANT AGREEMENTS FOR
SAFE DRIVING EDUCATION AND POLICE TRAFFIC SERVICES
RESOLUTION 26-144 (AS AMENDED)
DISCUSSION: Police Chief Lowell explained that the resolution required amendment because he
had inadvertently submitted incorrect paperwork to the City Clerk and provided the corrected
language for the resolution.
Motion to amend by Councilor Jones
Seconded by councilor Pagano
WHEREAS, the City of Oneida Police Department has been awarded funding through the
New York State Governor’s Traffic Safety Committee for the Safe Driving Education 2027
program in the amount of $63,000 for the contract period October 1, 2026, through
September 30, 2027; and

WHEREAS, the City of Oneida Police Department has also been awarded funding through
the New York State Governor’s Traffic Safety Committee for the Police Traffic Services
(PTS) 2027 program in the amount of $19,580 for the same contract period; and
WHEREAS, the grant funding will support traffic safety education and enforcement
activities undertaken by the City of Oneida Police Department in accordance with the
terms and conditions of the respective grant agreements; and
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Oneida
hereby accepts the grant awards and authorizes the City Manager to execute the New
York State Governor’s Traffic Safety Committee grant agreements for the Safe Driving
Education 2027 program in the amount of $63,000 and the Police Traffic Services 2027
program in the amount of $19,580, together with any documents necessary to effectuate
the grant awards, subject to the terms and conditions contained therein.
RESOLVED, to authorize the City Manager to execute New York State Governor’s Traffic
Safety Committee Grant Agreements for the TS-1 and HS-1 Grant Awards for the period
October 1, 2026, through September 30, 2027.
Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed

A LOCAL LAW IMPOSING A SIX (6) MONTH MORATORIUM ON COMMERCIAL FREE-STANDING
SOLAR PHOTOVOLTAIC (PV) SYSTEMS AND BATTERY ENERGY STORAGE SYSTEMS WITHIN THE
CITY OF ONEIDA
RESOLUTION 26-145

Moved by Councilor Simchik
Seconded by Councilor Smith
WHEREAS, the City of Oneida Common Council introduces this Local Law to impose a six
(6) month moratorium on the siting, establishment, placement, installation, construction,
erection, modification and enlargement of commercial free-standing solar photovoltaic
(PV) systems and battery energy storage systems within the City; and
WHEREAS, the Common Council has deemed this moratorium urgent and immediately
necessary in order to preserve status quo while these issues are examined by the City;
and

WHEREAS, Volume 6 N.Y.C.R.R., Section 617 of the Regulations relating to Article 8 of the
New York State Environmental Conservation Law, requires that as early as possible an
involved agency shall make a determination whether a given action is subject to the
aforementioned law; and
WHEREAS, no other agency has the legal authority or jurisdiction to approve or directly
undertake the enactment of a local law in the City of Oneida, such that there are no other
involved agencies within the meaning of the New York State Environmental Quality
Review Act (SEQRA) with respect to the proposed enactment of said Local Law, with the
result that the Common Council shall act as lead agency in this matter.
NOW, THEREFORE, BE IT
RESOLVED AND DETERMINED that there are no other involved agencies, the Common
Council shall act as lead agency, and that the enactment of this proposed local law is a
Type II action under SEQR, thus concluding the environmental review process; and it is
further
RESOLVED AND DETERMINED, that the Common Council shall conduct a public hearing
as to the enactment of the proposed Local Law at the Oneida City Hall located at 109
North Main Street, Oneida, New York on October 20, 2026, at 6:30 p.m., or as soon
thereafter as the matter can be heard, at which time all persons interested in the subject
shall be heard; and it is further
RESOLVED, that notice of said public hearing shall be provided at least five (5) days prior
to the date of said public hearing in a newspaper of general circulation within the City of
Oneida.
Ayes:
6
Nays:
1 (Smith)
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
DISCUSSION: City Attorney Bell explained that the proposed six-month moratorium would provide
the City an opportunity to review and update its existing solar regulations and consider
appropriate standards for battery energy storage systems, including safety, environmental
impacts and decommissioning requirements. She noted that while larger renewable energy
projects may be subject to State permitting, establishing local regulations would provide the City
an opportunity to identify its expectations and require developers to address any requested
waivers. Planning Director Vonderweidt will review current recommendations and potential
regulatory changes during the moratorium.
Discussion also addressed the increasing development of data centers and their potential
environmental and infrastructure impacts. City Attorney Bell suggested that the Council consider

whether a separate moratorium may be appropriate while regulations are evaluated, including
any potential role of Madison County.

CITY OF ONEIDA
PROPOSED LOCAL LAW
A LOCAL LAW IMPOSING A SIX (6) MONTH MORATORIUM ON COMMERCIAL FREE-STANDING
SOLAR PHOTOVOLTAIC (PV) SYSTEMS AND BATTERY ENERGY STORAGE SYSTEMS WITHIN THE
CITY OF ONEIDA

Be it enacted by the City of Oneida Common Council, as follows:
SECTION 1.

INTENT.

It is the intent of the Common Council of the City of Oneida to impose a six (6) month
moratorium on the siting, establishment, placement, installation, construction, erection,
modification and enlargement of commercial free-standing solar photovoltaic (PV) systems and
battery energy storage systems within the City of Oneida. This Local Law is enacted pursuant to
the New York State Constitution and New York Municipal Home Rule Law §10.
SECTION 2.

LEGISLATIVE PURPOSE.

The purpose of this Local Law is to temporarily halt the development of commercial freestanding solar power energy systems and battery energy storage systems, for a period of up to six
(6) months, while the City considers zoning changes and the enactment of additional zoning
measures to specifically address matters of community concern.
The City has become aware of increasing interest by developers of larger scale solar
energy system applications in the City and surrounding areas, such that solar energy uses are
becoming increasingly prevalent in the City of Oneida at a commercial scale. Based upon this, the
Common Council is of the opinion that a period of time is necessary to determine whether the
existing regulation of commercial freestanding solar power energy systems needs to be revised in
order to preserve and protect the health, safety and welfare of its residents. Commercial freestanding solar power energy are generally larger, more obtrusive and can pose a hazard and
danger to residents by distraction, obstruction, and the power supply systems involved with such
installations may pose a risk. This moratorium will enable city officials to review existing
regulations in place and determine whether revisions are necessary to comprehensively address
the various issues involved with these commercial level systems.
The Common Council also recognizes and acknowledges that the City needs to study and
analyze many considerations that affect the preparation of local legislation to regulate battery
energy storage systems. In the coming months, the City will be diligently working towards the
development of regulations that will address, in a careful manner, the establishment, placement,

construction, enlargement and erection of battery energy storage systems on a City-wide basis
and to adopt land use regulations for provisions to specifically regulate same. The Common
Council therefore deems this moratorium urgent and immediately necessary for the City.
SECTION 3.

DEFINITIONS.

BATTERY(IES): A single cell or a group of cells connected together electrically in series, in parallel,
or a combination of both, which can charge, discharge, and store energy electrochemically. For
the purposes of this law, batteries utilized in consumer products are excluded from these
requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system that protects energy
storage systems from operating outside their safe operating parameters and disconnects
temperatures or other conditions are detected.
BATTERY ENERGY STORAGE SYSTEM: A rechargeable energy storage system consisting of
electrochemical storage batteries, battery chargers, controls, power conditioning systems and
associated electrical equipment designed to store energy to supply electrical energy at a future
time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy
storage system is classified as a Tier I or Tier 2 Battery Energy Storage System as follows:
A. Tier I Battery Energy Storage Systems have an aggregate energy capacity less than or
equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage
system technology.
B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than
600kWh or are comprised of more than one storage battery technology in a room or
enclosed area.
CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to receive,
store, and deliver electrical energy.
COMMERCIAL FREE-STANDING SOLAR PHOTOVOLTAIC (PV) SYSTEMS: A free standing solar
photovoltaic (PV) system and area of land principally used to convert solar energy to electricity
with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of
electricity to the general public or utility provider.
PERSON: The term person shall include any individual, partnership, association, corporation,
landowner, lessee or licensee.
SECTION 4.

MORATORIUM.

A.
The Common Council hereby enacts a moratorium which shall prohibit the siting,
establishment, placement, installation, construction, erection, modification, and enlargement of
commercial free-standing solar photovoltaic (PV) system within the City of Oneida and/or the
processing or further processing of such applications.
B.
This moratorium shall be in effect for a period of six (6) months from the effective
date of this Local Law and shall expire on the earlier of: (i) the date six (6) months from said

effective date of this local law, unless renewed; or (ii) the enactment by the Common Council of
a resolution indicating the Common Council is satisfied that the need for the moratorium no
longer exists.
City.

C.

This moratorium shall apply to all zoning districts and all real property within the

D.
Commercial free-standing solar photovoltaic (PV) systems and battery energy
storage systems which have previously been approved are hereby expressly excluded from this
moratorium and may be sited, placed, installed, constructed, erected and operated in accordance
with approved plans. Further modification, alteration or enlargement of previously approved
commercial free-standing solar photovoltaic (PV) systems and battery energy storage systems is
prohibited while the moratorium is in effect.
SECTION 5.

RELIEF FROM PROVISIONS OF THIS LOCAL LAW.

A.
The Common Council reserves to itself the power to vary or adapt the strict
application of the requirements of this Local Law in the case of unusual hardship which would
deprive the owner of all reasonable use of the lands involved.
B.
Application for relief shall be filed in triplicate with the Planning Department
together with a filing fee of $250.00. The application shall specifically identify the property
involved, recite the circumstances pursuant to which the relief is sought and the reasons for which
the relief is claimed. Any costs, including expert consulting fees or attorneys’ fees, incurred by
the City, shall be reimbursed to the City by the Applicant. The Common Council shall apply Use
Variance criteria as set forth in the New York State General City Law, Section 81-b, in reviewing
any application for relief.
C.
The Common Council may refer any applications for relief herein to the Planning
Commission/Zoning Board of Appeals for its advice and recommendations, but all decisions on
granting or denying such relief shall be made solely by the Common Council after determining
whether or not the requested relief is compatible with any contemplated amendments to the City
Zoning Law. Unless completely satisfied that the proposed relief is compatible, the Common
Council shall deny the application.
D.
The Common Council shall conduct a public hearing on any request for relief
within forty-five (45) days of receipt of an application by the Planning Department and shall issue
its final decision on requests for relief within thirty (30) days from the date of the public hearing.
SECTION 6.

PENALTIES.

Any person who shall construct, reconstruct, relocate, enlarge or modify any site to be
used for a commercial free-standing solar photovoltaic system in violation of the provisions of this
Local Law, shall be subject to:
A.
A fine is not to exceed One Thousand and 00/100 Dollars ($1,000.00) or
imprisonment for a term not to exceed fifteen (15) days, or both. Each day a violation continues
shall be considered a new violation.

B.
A civil action inclusive of injunctive relief in favor of the City to cease any and all
such actions which conflict with this local law and, if necessary, to remove any constructions,
improvements, or related items or byproducts which may have taken place in violation of this
Local Law.
SECTION 7.

ENFORCEMENT.

This local law shall be enforced by the Code Enforcement Office of the City of Oneida or
such other zoning enforcement individual(s) as designated by the Common Council. It shall be the
duty of the enforcement individual(s) to advise the Common Council of all matters pertaining to
the enforcement of this Local Law.
SECTION 8.

VALIDITY & SEVERABILITY.

If any section or part of this Local Law is declared invalid or unconstitutional, it shall not
be held to invalidate or impair the validity, force or affect any other section of this Local Law.
SECTION 9.

EFFECTIVE DATE.

This Local Law shall take effect immediately upon passage and thereafter shall be filed
with the New York State Department of State and shall remain in force and effect for a period of
six (6) months from the date of passage.
ENTERPRISE LEASE AGREEMENT-POLICE DEPARTMENT
RESOLUTION 26-146

Moved by Councilor McHugh
Seconded by Councilor Smith
RESOLVED, to authorize the City Manager to sign a Lease Agreement with Enterprise Fleet
Management/Enterprise FM Trust for a 2027 Ford F-250, for a term of 60 months, in
accordance with the terms and conditions set forth in the lease documents, and to
execute any documents necessary to effectuate the lease.
Ayes:
6
Nays:
1 (Smith)
Absent: 0
MOTION RESULT: ☒Passed ☐Failed
DISCUSSION: Police Chief Lowell explained the proposed replacement of a Chevrolet Traverse
with a Ford F-250 through a five-year Enterprise lease agreement. He advised that the vehicle
would provide improved towing capacity and winter weather capabilities as the Department
transitions from larger SUVs to patrol cars. The F-250 would also be capable of towing the

Department's recently acquired 32-foot mobile command trailer, obtained through the federal
1033 Program, which has a gross vehicle weight rating of 14,000 pounds. Chief Lowell indicated
that the proposed lease would cost approximately $200 more than the current vehicle, with an
estimated delivery time of 12 to 15 weeks, and that vehicle equity would be applied toward future
lease costs.

NEW BUSINESS:
Councilor McHugh raised concerns regarding parking on both sides of narrow streets in the City's
Historic District, noting potential difficulties for school buses and emergency vehicles. She
suggested considering parking restrictions on one side of affected streets to improve safety and
accessibility. It was recommended that the matter be referred to the Traffic Safety Board for
review, including consideration of signage, enforcement and associated costs. The need to fill
vacancies on the Traffic Safety Board was also discussed.
Councilor McHugh also expressed concerns regarding a damaged guardrail on Brewer Road and
requested that repairs be considered to improve motorist safety, particularly during slippery road
conditions.
Mayor Rossi questioned Council members who voted against the budget transfers and
amendments, asking what alternative solution they would have proposed to meet the City's
financial obligations had the transfers failed. He expressed concern that some members may have
voted against the transfers knowing they would pass, suggesting that such votes could be
perceived as an attempt to avoid public criticism. He compared the situation to the previous year's
budget deliberations, when concerns over raising taxes resulted in difficult decisions regarding
departmental funding. He emphasized that the City is obligated to pay its employees and
questioned where the necessary funding could otherwise be obtained, given the limited
availability of funds in other accounts. Councilor Smith responded that the Council could revisit
the budget line items to identify potential sources for transfers, noting that opinions may differ
regarding what constitutes an essential expenditure. Mayor Rossi responded that the accounts
had already been reviewed, including consideration of funding for children's activities and Parks
and Recreation programs, and questioned where the approximately $100,000 needed could
otherwise be obtained. He reiterated his concern that opposing the transfers without proposing
a viable alternative could be perceived as an attempt to avoid public criticism.
In response, Councilor Jones questioned whether all available cost-saving measures had been fully
explored and suggested that the definition of essential expenditures warranted further
consideration. She noted that recently implemented spending controls had only been in place for
a few weeks and questioned why those measures had not been instituted earlier in the year,
suggesting that earlier implementation could have reduced the need for additional transfers.
Mayor Rossi expressed that the effectiveness of these measures had not yet been tested during
the winter months, when certain departmental expenses typically increase.
Further discussion addressed the Common Council's responsibility for fiscal oversight and
adherence to the City Charter during the budget process. Councilor Jones referenced training
received through the Office of the State Comptroller and emphasized that responsibility for the

City's finances rests with the Council and cannot be delegated solely to the City Manager.
Concerns were raised that the previous year's budget process had resulted in underfunding
essential services, and it was suggested that future budgets prioritize Police, Fire, Public Works
and necessary winter maintenance expenses before allocating funds for other programs.
Discussion also addressed unexpended appropriations in certain departmental accounts and the
importance of ensuring that budgeted funds are used appropriately rather than spent simply to
preserve future funding levels.
Councilor Simchik responded that the Council was aware during the previous year's budget
deliberations that certain reductions would likely need to be addressed in the current year, but
they were “held hostage” by the tax cap legislation. Councilor Jones noted that some
departmental accounts remained funded and questioned whether unexpended appropriations,
including those for recreational programs, could be considered, while acknowledging that some
funds may already be encumbered. She further suggested that longstanding budgeting practices
may need to change. Mayor Rossi reiterated his question regarding what alternative funding
solution would have been available had the budget transfers failed, noting that most available
appropriations had already been committed or expended, especially considering that it is October
and there are only 3 months left in the year.
Councilor Pagano expressed concern regarding the potential consequences of delaying funding
for essential services, particularly fuel for emergency vehicles. He questioned what contingency
plans would have been available had the Fire Department exhausted its fuel allocation before
additional funding was approved, noting that no alternative solution had been presented during
the intervening period.
Councilor McHugh explained that her opposition to the budget transfers was not a lack of support
for the Fire Department but rather concern for the City's long-term financial sustainability. She
acknowledged the recently implemented cost-control measures and expressed her belief that the
previous opposition to the transfers may have encouraged those changes. She emphasized the
need to examine operational efficiencies, staffing models and alternative service delivery
methods, referencing information obtained at a municipal training session regarding partnerships
and alternative approaches to emergency medical services. She stated that her goal was to ensure
the continued viability of essential services while preventing further depletion of the City's general
fund.
Mayor Rossi questioned Councilor McHugh regarding her initial vote in favor of the transfers and
subsequent change in position. Councilor McHugh explained that she had reconsidered her vote
after weighing the recently implemented cost-saving measures against her continuing concerns
regarding the need for broader operational and financial changes.
Mayor Rossi-Scheduling of Budget Meetings:
It was determined that the Budget Work Sessions will be as follows:
October 20
October 27
October 29

Following the Regular Council Meeting
5:30PM
5:30PM

November 2

5:30PM

City Manager Lovell-Reassessment:
City Manager Lovell raised concerns regarding the need for a citywide property reassessment,
noting that the City's equalization rate had declined to approximately 60% and was expected to
decrease further. He emphasized the importance of updating property assessments to ensure a
more accurate and equitable distribution of the tax burden. He estimated the cost of a
reassessment at approximately $254,000, with potential financial assistance of up to $100,000,
and explained that the process could potentially be funded over multiple years. He advised that
the expense had not been included in the proposed budget and requested Council's input
regarding whether to include it as a capital improvement project or supplemental budget item.
Discussion followed regarding the possibility of conducting the reassessment in phases, beginning
with commercial properties, followed by multifamily properties and ultimately single-family
residences. It was suggested that the City consult with the Acting Assessor to determine whether
such an approach would be permissible and practical.
It was further explained that reassessment would not change the total tax levy but would
redistribute the tax burden based on updated property values, potentially resulting in increases
for some property owners and decreases for others. The importance of establishing accurate
assessments to promote fairness among taxpayers was emphasized.

ADJOURNMENT
Motion to adjourn by Councilor McHugh
Seconded by Councilor Jones
Ayes:
7
Nays:
0
Absent: 0
MOTION RESULT: ☒Passed ☐Failed

The meeting adjourned at 8:30 p.m.
CITY OF ONEIDA
__________________________________
Sandra LaPera, City Clerk