Common Council Meeting -- 02.15.2023

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council February 15th 2023 Type & Number Title/Description Date Committed INTRO L.L. Registration and Posting of Owner & 01/05/2022 #1 OF 2022 Manager Info & Designation of Agent PRO ORD. 2 Ordinance Amending Composition 01/28/2022 Of The Bureau Of Fire PRO. ORD. 21 Amending Sec. 2-13-53 12/07/2022 PRO. ORD. 4 One Way – Kent Street 12/21/2022 PRO. ORD. 11 Trees and Shrubs Ordinance 01/18/2023 PRO. ORD. 12 Rescind Sec. 2-17-27 01/18/2023 PRO. ORD. 4 Harbor Way 02/01/2023 PRO. ORD. 7 Harbor Point Road, Lee Street West 02/01/2023 PRO. ORD. 10 Sale of 1661 Steuben Street 02/01/2023 PRO. ORD. 12 Sale of 1507 Sunset Avenue 02/01/2023 PRO. ORD. 14 Sale of 112 Louisa Street 02/01/2023 PRO. ORD. 16 Sale of 1416 Neilson Street 02/01/2023  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 04 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 1 OF 2022 Presented and read __________, 2022. Laid on the Table ___________, 2022. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2022. Became a Local Law with the approval of the Mayor on __________, 2022, after a public hearing on __________, 2022. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK (THE “MUNICIPALITY”): SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within thirty-five (35) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. 2 Submitted to council on: 01 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 01 / 28 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE WHEREAS, the administration has applied for a SAFER grant from the federal government to provide funds for an additional eight (8) positions of firefighter-firefighter-EMT in the Bureau of Fire, and WHEREAS, the Common Council wishes to amend the composition of the Bureau of Fire to create the number of firefighter-firefighter-EMT positions for which funds are provided for under the grant to be effective only if and when the 2021 SAFER grant application is approved. ORDAINED, §2-2-168 of the Utica City Code regarding the Fire Department composition is hereby amended to read as follows: (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following numbers and ranks: Job Title Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance Superintendent 1 Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshal 1 Fire Lieutenants 22 Firefighters and firefighters/EMT 93 ------------------------ Total 124 (b) The Commissioner of Public Safety shall continue to assign personnel in the numbers and the ranks deemed necessary to the divisions and assignments within the Bureau of Fire as may be created, all in accordance with law. (c) Except as otherwise provided by law, whenever a vacancy occurs in the position of “firefighter” any appointment to fill such vacancy shall be made from the “firefighters/EMT” eligible list. FURTHER ORDAINED, this increase in complement is expressly conditioned upon the approval of the 2021 SAFER grant application sufficient to fund such positions and shall not become effective unless and until said grant is approved. FURTHER ORDAINED, if the 2021 SAFER grant provides funds for a different number of positions than provided for herein, then the complement shall be amended to provide for the number of positions provided for in the grant.  FURTHER ORDAINED, this ordinance shall apply only to the 2021 SAFER grant application and will become null and void if said grant is not approved. FURTHER ORDAINED, this ordinance shall not be certified for publication until after the City Clerk receives certification that the 2021 SAFER grant has been approved and the number of positions funded MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 21 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on: 12 / 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Friend, DiBrango ORDINANCE AMENDING SECTION 2-13-53 “CONDITIONS FOR AWARD OF MUNICIPAL CONTRACTS” OF THE UTICA CODE OF ORDINANCES BE IT ORDAINED, that Sec. 2-13-53 (i) of ARTICLE III, Chapter 2-13 “Human Rights” of the Utica Code of Ordinances be amended to read as follows: (i) Apprentice training agreements (1) Pursuant to § 816-b, Subdivision 2, of the New York State Labor Law, the City of Utica may shall require, prior to entering into any construction contract, that such contract contain apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered and approved by the Commissioner of Labor as provided for in § 814 of the New York State Labor Law for contracts in an amount in excess of $250,000. (2) The Board of Contract and Supply, when considering whether or not to include a requirement for an apprenticeship agreement, is encouraged to consider such factors as the number of bids received for previous, similar projects; cost; project time lines; and the principles of fairness and fiduciary responsibility that govern public bidding in New York State. (3) Contractors may shall refer to and adopt apprenticeship agreements as set forth in § 815 of the New York State Labor Laws. (4) "Construction contract" shall mean any contract to which the City of Utica and its affiliated agencies shall be a principal party which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility or physical structure of any kind, if the labor components, final assessed value, gross capital costs and/or component of such contract or project is in excess of $250,000. (5) The Board of Contract and Supply, with the assistance of the City Engineer, shall promulgate rules and regulations for the implementation and enforcement of the provisions of this subsection. (6) If any clause, sentence, paragraph, subdivision, section or part of this subsection or application thereof to any person, individual, corporation, firm, partnership, entity or circumstances shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this subsection or its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such judgment or order shall be rendered.  MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember DiBrango Proposed Ordinance No. 4 Submitted to council on: 12 / 14 / 22 Proposed Resolution No. Sent to Council Attorney on: 12 / 14 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 21 / 22 Explanation provided to council on: / / _________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Aiello, DiBrango One-Way Streets BE IT ORDAINED, that Sec. 2-16-356 Schedule A: One-way streets of the Utica City Code be amended to include the following: Kent Street, Northbound from Elizabeth Street to Bleecker Street. (Added 12/21/2022) BE IT FURTHER ORDAINED, that the proper signage be erected where necessary, on each corner. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 11 Submitted to council on: 1 / 12 / 23 Proposed Resolution No. Sent to Council Attorney on: 1 / 12 / 23 Thursday Rule Waiver Required? N Date of Legislation: 01 / 18 / 23 Explanation provided to council on: / / _________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend Amending the City of Utica Code of Ordinances to Include the City of Utica Trees and Shrubs Ordinance BE IT ORDAINED, that the City of Utica Code of Ordinances be amended to include the following: City of Utica Trees and Shrubs Ordinance § 201-1. Title, purpose, and intent 2 § 201-2. Word usage and definitions. 2 ARBORICULTURE or TREE PRESERVATION 2 PUBLIC PLACE 2 RIGHT-OF-WAY 2 STREET TREE or TREE or SHRUB 2 § 201-3. Designation of City Arborist. 2 § 201-4. Authority and jurisdiction of City Arborist. 2 § 201-5. Tree Advisory Board. 3 § 201-6. Permits and permitting 4 § 201-7. Certain trees prohibited. 4 § 201-8. Applicability of park regulations. 4 § 201-9. Support of newly planted trees. 4 § 201-10. Placing impervious material adjacent to tree trunk. 4 § 201-11. Authority to trim and remove trees and shrubs on public property. 5 § 201-12. Injury to trees and shrubs. 5 § 201-13. Interference with City Arborist. 5 § 201-14. Penalties for offenses. 5 § 201-15. Severability. 5 § 201-1. Title, purpose, and intent A. This chapter shall be known and may be cited as the "Tree Ordinance of the City of Utica.” B. The purpose and intent of this chapter are to promote the growth and health of the City’s urban canopy ensuring biodiversity, sustainability, equity, an aesthetically pleasing environment, and carbon sequestration to combat climate change; combat the urban “heat island” effect; designate a City Arborist; create a system of permitting for work on trees within the City; consolidate much of existing City code on trees; create a volunteer Tree Advisory Board; provide for lists of acceptable trees for planting within the City; sets acceptable standards for the planting, removal, trimming, and replacement of trees; and define penalties for violations of this chapter. § 201-2. Word usage and definitions. A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein: ARBORICULTURE or TREE PRESERVATION Includes the treating, spraying, pruning, maintaining and any other care or work intended for the strengthening of trees and the removal and prevention of tree pests, blights and diseases of any and all kinds. PUBLIC PLACE Any public street, public highway, public easement, public park, lands owned by City park districts, or any property owned or held by the City within the boundaries of said City. RIGHT-OF-WAY Per City zoning law, lines which separate private property from existing or dedicated public property containing or proposed to contain publicly owned street surfaces, gutters, curbs, planted strips or sidewalks. STREET TREE or TREE or SHRUB A tree or shrub in a public place or right-of-way, except where otherwise indicated. Street trees shall be considered by the City as serving a public benefit to promote beauty, air quality, temperature control, carbon sequestration, and more. § 201-3. Designation of City Arborist. The Director of Public Works shall, by virtue of their office, be the City Arborist or have the capacity to hire a certified arborist for the role if allotted funds by the City to do so. § 201-4. Authority and jurisdiction of City Arborist. A. Generally. The City Arborist is hereby given full jurisdiction, authority, control, supervision, and direction of all trees which now or which may hereafter exist upon any public place or right-of-way in the city. B. Issuance of permits. Said City Arborist is also given full jurisdiction, authority, and control in connection with the issuing of permits hereinafter provided for.  C. Order to preserve or remove. The City Arborist shall have the authority to order the trimming, preservation, or removal of trees or plants upon public and right-of-way property when they find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places. The City Arborist shall make publicly available a mechanism to be notified of potentially dangerous trees by concerned parties. D. Delegation of duties and authority. In the exercise of any or all of the powers herein granted, the City Arborist shall have the authority to delegate all or such part of their power and duties with respect to supervision and control of trees to their subordinates and assistants in the employ of the City as they may from time to time determine. § 201-5. Tree Advisory Board. The City hereby creates a Tree Advisory Board of six members, which shall advise and consult with the City and the Arborist on all matters relating to the planting of trees and shrubs in public places and rights-of-way, to the varieties and species of trees to be used, and generally with respect to the carrying out of the purposes of their chapter. A. Composition: a. All members of the Board shall be residents of the City, except in the case where the City Arborist deems an exemption useful to obtaining more expertise on the Board. Members shall serve on a volunteer basis. b. The City Arborist or their designee shall serve as Chair of the Board and be responsible for setting regular meeting times, keeping the Board apprised of relevant matters to their chapter, and maintaining records of their meetings and decisions. c. Appointment of members: i. Two members by appointment of the Common Council. ii. Two members by appointment of the Mayor. iii. Two members by nomination of the Mayor and confirmation of the Common Council. iv. The Mayor and Common Council shall make an effort to identify suitable candidates with training and experience in forestry, as an arborist, and/or general knowledge about maintenance and planning of an urban forest. d. Members of the Board shall serve a term of five years and shall not have a term limit but must be reappointed following the requirements herein in order to continue serving. Should a seat become vacant prior to the expiration of a term, the respective seat will be refilled according to the same processes listed here for the remainder of the term. B. Duties and authorities: a. The Board shall meet a minimum of four times each year. All meetings shall be open to the public and provide opportunity for public comment. The Board chair may schedule additional meetings as needed. b. The Board shall coordinate and promote Arbor Day activities. c. The Board shall create, review, and update a five-year plan to plant and maintain trees on city property. The report shall include, but not be limited to: i. Planned and recommended planting and removal projects, including an assessment of the impact of said projects on carbon sequestration, biodiversity, environmental hazards, and financial cost. ii. Identification of areas of the City which have disproportionately fewer trees, both public and private, compared to the rest of the City and trends to that effect. New proposed planting projects by the City should prioritize these under-treed areas. iii. Any recommendations for amendments to this chapter or other chapters of City code as they pertain to trees. d. The Board shall support public awareness and education programs relating to trees. e. The Board shall review City department concerns relating to tree care at their or the City Arborist’s request. f. The Board shall be available for consultation by the City Planning Board and Scenic and Historic Commission on matters related to trees. g. The Board shall submit an annual report of its activities to the Common Council and Mayor. h. The Board shall assist with the annual application to renew the Tree City USA designation. i. The Board shall seek out and apply for grants it deems useful to promote tree planting and growth in the City and to generally carry out the goals and enforcement of this ordinance. j. The Board shall have the authority to create a list of preferred trees for planting within the City on both public and private property, not in conflict with prohibited trees pursuant to § 201-7, and make such list publicly available and distribute such list to all City Boards and Departments.  k. The Board shall have the authority to create a list of trees to be prohibited for planting upon public property and right-of-ways in addition to those prohibited herein. l. The Board shall maintain a list of best practices for tree care and planting in the City, and the City Arborist shall make such a document available to all those permitted to do tree work in the City. § 201-6. Permits and permitting A. Scope of permit requirements: It shall be unlawful for any person to plant, remove, treat, spray, break, injure, or destroy any tree existing on any public place or right-of-way in the City, or to authorize or procure any person to do so, or to remove or tamper with any device placed for the protection of said tree, or to authorize or cause the same to be done, except having first obtained written permission from the City Arborist to do so. B. Application for permit: Applicants shall retrieve and submit the permit request to the City Clerk. The City Arborist shall be responsible for designing the permit in accordance with this chapter and with consultation of the Tree Advisory Board. C. Standards for issuance of permit: The City Clerk shall issue a permit provided for herein when the City Aborist reviews and finds that the desired action or treatment is necessary and in conformity with their chapter and that the proposed method and workmanship are satisfactory. The application for permit herein required shall state the number and kind of tree to be removed, sprayed, or planted, the kind of treatment to be administered, and such other information as the City Arborist shall find reasonably necessary to a fair determination of whether a permit should issue hereunder. D. Supervision of work under permit: The City Arborist shall have the authority to supervise all·work done under a permit issued in accordance with the terms of their chapter. § 201-7. Certain trees prohibited. Norway maple, Silver maple, Poplar, Evergreen, Hackberry, Mulberry, Red Oak, Ash, and Weeping Willow trees may not be planted in any public place or right-of-way in the City and continued planting of said trees is hereby considered a threat to biodiversity and a healthy urban forest in the City. The City shall otherwise abide by the provided lists of prohibited and regulated invasive species from the NY State Department of Environmental Conservation. § 201-8. Applicability of park regulations. The park regulations covering the planting of trees in lands owned by City Parks & Recreation shall be and continue in force and effect. § 201-9. Support of newly planted trees. A. All newly planted trees, whether installed by the abutting property owner or contractor, shall be supported by a suitable post or posts. B. It shall be unlawful to guy any tree less than four inches in diameter at a point four feet above ground level with wires or rope unless the trunk is protected. § 201-10. Placing impervious material adjacent to tree trunk. It shall be unlawful for any person to place or maintain upon the ground in any public place or right-of-way any stone, concrete, brick or other impervious material or substance in such a manner as may obstruct the free access of air and water to the roots of any tree upon any public place or right-of-way in the City without first having obtained written permission. Unless otherwise provided for, there shall be maintained about the base of the trunk of each such tree at least nine square feet of open ground for a tree three inches in diameter, and for every two inches of increase of such diameter, there shall be an increase of at least one square foot of open ground. § 201-11. Authority to trim and remove trees and shrubs on public property. The City Arborist shall have the right to trim any tree or shrub existing on any public place or right-of-way in the City in order to ensure the public safety or to preserve the function or beauty of such public place or right-of-way, and they shall further have the right to remove any such tree or shrub, or any part thereof, which is in an unsafe condition or which, by reason of its location or nature, is injurious or detrimental to other public improvements in the City or is infected with any injury, fungus, insect or other pest or disease which cannot otherwise be controlled. § 201-12. Injury to trees and shrubs. No persons shall, without the consent of the owner in the case of a private tree or shrub or without a written permit from the City Arborist in the case of a public tree or shrub, do, or cause to be done by others, any of the following acts. A. Secure, fasten or run any rope, wire, sign or other device or material to, around or through a tree or shrub. B. Break, injure, mutilate, deface, kill or destroy a tree or shrub or permit any fire to burn where it will injure any tree or shrub. C. Permit any toxic chemical, gas, smoke, salt, brine, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub. D. Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby public trees or shrubs which may be injured or defaced by, or where said injury or defacement may arise out of, in connection with or by reason of, such operation. The quality of said guard shall be determined by the City Arborist. E. Knowingly permit any unprotected electric service wires to come in prolonged contact with any public tree or shrub. F. Remove any guard, stake or other device or material intended for the protection of a public tree or shrub or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer. § 201-13. Interference with City Arborist. No person shall prevent, delay or interfere with the City Arborist or their agents, employees or servants while they are engaged in carrying out any work or activities authorized by this chapter. § 201-14. Penalties for offenses. Any person violating any of the provisions of their chapter shall be deemed and held to be guilty of an offense and, upon conviction, shall be fined a sum not to exceed $100. Each week during which the violation shall continue shall be held and deemed to be a separate offense. § 201-15. Severability. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 12 Submitted to council on: 01 / 12 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 12 / 23 Thursday Rule Waiver Required? N Date of Legislation: 01 / 18 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend AN ORDINANCE RECINDING SECTION 2-17-27 OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-17-27 be hereby RESCINDED and ANNULLED. Sec. 2-17-27 Removal of unsafe, injurious or diseased trees (a) The City may remove or cause to be removed any tree or part of a tree located on City property which is in an unsafe condition or which by reason of its nature is injurious to the public safety or to sewers, electric power lines, gas lines, water lines, sidewalks or other public improvements or which is affected by any injurious fungus, insect or other pest. These shall constitute the only conditions by which a tree may be removed. (b) No person shall remove, or cause to be removed, any tree located on City-owned property without the prior written consent of the Deputy Commissioner of Public Works for parks. This prohibition shall not apply to the trimming or removal of branches where necessary to prevent interference with vehicle or pedestrian traffic or with utility lines or to prevent damage to property, so long as said trimming and removal is the minimum amount necessary to prevent such interference or damage. (c) The entire cost of tree removal shall be made a charge against the City, payable by the issuance of public improvement bonds for elm tree rehabilitation except that the expense for the removal of trees on private property shall be recovered from the affected property owners via an addition to real estate taxes to be collected with bond interest added over the period of bond life or sooner if the property owner chooses. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Law Department Proposed Ordinance No. 4 Submitted to council on: 01 / 25 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 25 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus ORDINANCE DESIGNATING NEW NAME FOR HARBOR LOCK ROAD TO HARBOR WAY WHEREAS, by Ordinance No.103 of November 2, 2022, The Common Council designated a street in the Harbor Point Area as “Harbor Lock Road”, as more fully shown in the attached map and description, and WHEREAS, it has been pointed out that the designation “Harbor Lock Road” already exists for a nearby street, and WHEREAS, it is proposed to rename the street “Harbor Way”. BE IT ORDAINED, the portion of streets in the Harbor Point area as shown on the attached map and formerly named as “Harbor Lock Road” shall be renamed and designated “Harbor Way”. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Law Department Proposed Ordinance No. 7 Submitted to council on: 01 / 25 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 25 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus ORDINANCE DESIGNATING NAMES FOR LEE STREET AND HARBOR POINT ROAD BE IT ORDAINED, the portion of streets in the Harbor Point area, currently shown on the Official map as a portion of “Washington Street” and “Lee Street” shall be renamed and designated “Harbor Point Road” and “Lee Street West”, respectively, as shown on the attached map, MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 10 Submitted to council on: 01 / 26 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Claudio Edmundo Muyudumbay Avila as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1661 Steuben Street WHEREAS, The Utica Urban Renewal Agency has acquired 1661 Steuben Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Claudio Edmundo Muyudumbay Avila; and the developer proposes to purchase 1661 Steuben Street to renovate for primary residence; and the purchase will require the payment of $40,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 15, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $40,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 12 Submitted to council on: 01 / 26 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Blanco & Son Realty, Inc. as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1507 Sunset Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 1507 Sunset Avenue; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Blanco & Son Realty, Inc.; and the developer proposes to purchase 1507 Sunset Avenue to fence, landscape and create additional parking for his adjacent property and the purchase will require the payment of $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 15, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 14 Submitted to council on: 01 / 26 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of George Torres as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 112 Louisa Street WHEREAS, The Utica Urban Renewal Agency has acquired 112 Louisa Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from George Torres; and the developer proposes to purchase 112 Louisa Street to fence and repair current driveway for parking for his adjacent property; and the purchase will require the payment of $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 15, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. 16 Submitted to council on: 01 / 26 / 23 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 23 Thursday Rule Waiver Required? N Date of Legislation: 02 / 01 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Vimal Patel as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1416 Neilson Street WHEREAS, The Utica Urban Renewal Agency has acquired 1416 Neilson Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Vimal Patel; and the developer proposes to purchase 1416 Neilson Street to renovate for primary residence; and the purchase will require the payment of $5,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 15, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $5,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime