Common Council Meeting -- 04.20.2022

LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council April 20, 2022 PRO RES. 1 AUTHORIZE BEER AND WINE FOR UTICA CENTER FOR DEVELOPMENT PRO RES. 2 AUTHORIZE BEER AND WINE FOR FX MATT - CONCERT PRO RES. 3 AUTHORIZE BEER AND WINE FOR FX MATT – SARANAC THURSDAY PRO RES. 4 AUTHORIZE BEER AND WINE FOR FX MATT – BOILERMAKER AFTERPART PRO ORD. 5 USER FEE FOR BLUE BAGS PRO ORD. 6 MORATORIUM ON CONVENIENCE STORES PRO RES. 7 508 MILGATE STREET PRO ORD. 8 508 MILGATE STREET PRO RES. 9 1673 WEST STREET PRO ORD. 10 1673 WEST STREET  Submitted to council by: Councilmembers Meola, Williamson Proposed Ordinance No. Submitted to council on: 04 / 12 / 22 Proposed Resolution No. 1 Sent to Council Attorney on: 04 / 12 / 22 Thursday Rule Waiver Required? N Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO UTICA CENTER FOR DEVELOPMENT WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Utica Center for Development Name of Event: 4th of July Celebration Date of Event: Monday, July 4th 2022. 7pm to 10pm Location of Event: F. T. Proctor Park 709 Culver Ave. Utica NY, 13501 BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. 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: Councilmembers Meola, Williamson Proposed Ordinance No. Submitted to council on: 04 / 12 / 22 Proposed Resolution No. 2 Sent to Council Attorney on: 04 / 12 / 22 Thursday Rule Waiver Required? N Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: FX Matt Brewing Company Name of Event: Stone Temple Pilots Concert Date of Event: Saturday, May 21st 2022. 8pm to 11pm Location of Event: Brewery Courtyard 811 Edward Street Utica NY, 13502 BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. 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: Councilmembers Meola, Williamson Proposed Ordinance No. Submitted to council on: 04 / 12 / 22 Proposed Resolution No. 3 Sent to Council Attorney on: 04 / 12 / 22 Thursday Rule Waiver Required? N Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: FX Matt Brewing Company Name of Events: Saranac Thursday Date of Events: Thursday - May 26th, June 2nd, June 9th, June 16th June 23rd, June 30th, July 7th 2022. 530pm to 8pm Location of Event: Brewery Courtyard 811 Edward Street Utica NY, 13502 BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. 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: Councilmembers Meola, Williamson Proposed Ordinance No. Submitted to council on: 04 / 12 / 22 Proposed Resolution No. 4 Sent to Council Attorney on: 04 / 12 / 22 Thursday Rule Waiver Required? N Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: FX Matt Brewing Company Name of Event: Boilermaker Afterparty Date of Event: Sunday, July 10th 2022. 7am to 12pm Location of Event: Brewery Courtyard & Edward Street Fenced Parking Lot 811 Edwards Street Utica NY, 13502 BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. 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  CITY OF UTICA LAW Department 1 Kennedy Plaza, Utica, New York 13502 (315)792-0171 fax: (315)792-0175 THE OFFICE OF THE ROBERT M. PALMIERI CORPORATION COUNSEL MAYOR MEMORANDUM TO: MELISSA SCIORTINO, CITY CLERK HON. ANTHONY GARRAMONE MICHAEL GALIME, COMMON COUNCIL PRESIDENT MEMBERS OF THE COMMON COUNCIL FROM: STEPHANIE R. DIGIORGIO ASSISTANT CORPORATION COUNSEL DATE: APRIL 12, 2022 RE: ORDINANCE AUTHORIZING INCREASE IN SOLID WASTE CHARGES _____________________________________________________________________________ Enclosed for your review is proposed legislation that would amend Section 2-22-110 of the Utica City Code of Ordinances. The User Fee and Service Charge for the collection and disposal of solid waste collected in the City of Utica has not been changed since 2018. The purpose of the legislation is to increase the user fees and service charges, as the cost for the collection and disposal of solid waste in the City of Utica will increase with the new collection contract. These increased fees will not go into effect until April 2023. Please feel free to contact myself or Mr. Rabbia with any questions or concerns you may have. SRD Attachment cc: Robert M. Palmieri, Mayor Sonny Greco, Chief of Staff Heather Mowat, Budget Director William Rabbia, OHSWA  Submitted to council by: Mayor’s Office Proposed Ordinance No. 5 Submitted to council on 4 / 13 / 22 Proposed Resolution No. Sent to Council Attorney on 4 / 13 / 22 Thursday Rule Waiver Required? N Date of Legislation: 4 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE AUTHORIZING INCREASE IN SOLID WASTE CHARGES BE IT ORDAINED, that Section 2-22-110 of the Code of Ordinances is hereby amended to read as follows: Sec. 2-22-110 User fee and service charge. (a) The solid waste user fee shall be as follows: (1) For a large bag (32 gal): $1.85 $1.95 each. (2) For a small bag (16 gal): $1.25 $1.35 each. (b) The solid waste service charge shall be as follows: (1) For class I properties: $86 $100. (2) For class II properties: $112 $200. (3) For class III properties: $258 $300. (c) These charges shall be collected, administered and enforced by the Oneida-Herkimer Solid Waste Authority. FURTHER ORDAINED, that this Ordinance shall take effect on April 1, 2023. 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  CITY OF UTICA LAW Department 1 Kennedy Plaza, Utica, New York 13502 (315)792-0171 fax: (315)792-0175 THE OFFICE OF THE ROBERT M. PALMIERI CORPORATION COUNSEL MAYOR MEMORANDUM TO: MELISSA SCIORTINO, CITY CLERK HON. ANTHONY GARRAMONE MICHAEL GALIME, COMMON COUNCIL PRESIDENT MEMBERS OF THE COMMON COUNCIL FROM: STEPHANIE R. DIGIORGIO ASSISTANT CORPORATION COUNSEL DATE: APRIL 14, 2022 RE: AN ORDINANCE AMENDING ORDINANCE NO. 14 OF APRIL 6, 2022 ESTABLISHING A TEMPORARY MORATORIUM ON CONVENIENCE STORES AND SMOKE SHOPS IN THE CITY OF UTICA _____________________________________________________________________________ Enclosed for your review is proposed legislation that would amend Ordinance No. 14 of April 6, 2022 Extending A Temporary Moratorium on Convenience Stores and Smoke Shops in the City of Utica. Based on various discussions with council members and a review of the moratorium local law passed in the Fall of 2021, we believe it is necessary to clarify the intent of the Common Council by amending the legislation passed on April 6, 2022. It is our understanding that the Common Council intended that not only the Commissioner of Urban and Economic Development, the Planning Board, and the Zoning Board of Appeal to not issue any permission development or establishment of any new Convenience Stores/Smoke Shops, but also that the Department of Codes, and any other appropriate city agency not issue any permission or permits as well. It is also our understanding that Council intended that the legislation apply throughout the City of Utica, regardless of current zoning classifications and to Neighborhood Retail Stores as well. In an effort to clarify this intent, the proposed legislation would be amended to read as follows: The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate city agency shall not issue any permission or permit for the development and/or establishment of any new Convenience Stores, Neighborhood Retail Stores and/or Smoke Shops, regardless of current zoning classifications, for a period six months, from April 6, 2022. Please feel free to contact me with any questions or concerns you may have. SRD Attachment cc: Robert M. Palmieri, Mayor Sonny Greco, Chief of Staff Heather Mowat, Budget Director  Submitted to council by: Law Proposed Ordinance No. 6 Submitted to council on 4 / 14 / 22 Proposed Resolution No. Sent to Council Attorney on 4 / 14 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 4 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AN ORDINANCE AMENDING ORDINANCE NO. 14 OF APRIL 6, 2022 EXTENDING A TEMPORARY MORATORIUM ON CONVENIENCE STORES AND SMOKE SHOPS IN THE CITY OF UTICA WHEREAS, the Common Council of the City of Utica did, on November 4, 2020 and February 3, 2021, adopt new legislation designed to regulate what is referred to as Convenience Stores, Neighborhood Retail Stores and Smoke Shops and their location in the City of Utica, and WHEREAS, since the adoption of the new Zoning Law on February 3, 2021, new questions have arisen with regard to terms and application of these two entities, and WHEREAS, it has been determined by members of the Common Council that these new ordinances require further study and possible revision that necessitates that a moratorium be enacted that would halt the approval of such entities for a period of time to allow for a study to be conducted, and WHEREAS, the Common Council passed an extended a temporary moratorium on Convenience Stores and Smoke Shops on April 6, 2022, and after further review, it is necessary to clarify the council’s intent, now BE IT ORDAINED, Ordinance No. 14 of April 6, 2022, is hereby amended to read as follows: The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate city agency shall not issue any permission or permit for the development and/or establishment of any new Convenience Stores, Neighborhood Retail Stores and/or Smoke Shops, regardless of current zoning classifications, for a period six months, commencing April 6, 2022. 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: URA Proposed Ordinance No. Submitted to council on: 04 / 14 / 22 Proposed Resolution No. 7 Sent to Council Attorney on: 04 / 14 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello WHEREAS, The Utica Urban Renewal Agency is the owner of 508 Milgate Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 508 Milgate Street has been received by the Utica Urban Renewal Agency from Joseph Fraccola; and WHEREAS, the developer plans to maintain property for his primary residence; and WHEREAS, the purchase price for this property is $20,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, May 4, 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 508 Milgate Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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: URA Proposed Ordinance No. 8 Submitted to council on 4 / 14 / 22 Proposed Resolution No. Sent to Council Attorney on 4 / 14 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 4 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello Ordinance approving the designation of Joseph Fraccola as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 508 Milgate Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 508 Milgate 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 Joseph Fraccola; and the developer proposes to purchase 508 Milgate Street to maintain as his primary residence; and the purchase will require the payment of $20,000.00; 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, May 4, 2022 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 $20,000.00; 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 _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: URA Proposed Ordinance No. Submitted to council on: 04 / 14 / 22 Proposed Resolution No. 9 Sent to Council Attorney on: 04 / 14 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin WHEREAS, The Utica Urban Renewal Agency is the owner of 1673 West Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 1673 West Street has been received by the Utica Urban Renewal Agency from Nur Alam Bin Abdul Ghafar & Akima Binti Rahman; and WHEREAS, the developer plans to maintain as green space for their adjacent property; and WHEREAS, the purchase price for this property is $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, May 4 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1673 West Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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: URA Proposed Ordinance No. 10 Submitted to council on: 04 / 14 / 22 Proposed Resolution No. Sent to Council Attorney on: 04 / 14 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 20 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Nur Alam Bin Abdul Ghafar & Akima Binti Rahman as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1673 West Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 1673 West 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 Nur Alam Bin Abdul Ghafar & Akima Binti Rahman; and the developer proposes to purchase 1673 West Street to maintain as green space for their 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, May 4, 2022 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 _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime