Common Council Meeting -- 07.06.2022

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council July 6, 2022 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. 3 Ordinance Establishing Vacant Building Registry 02/16/2022 PRO RES. 11 Requesting Each District Councilperson Allocate 03/02/2022 Funding To Establish A Business Directory App PRO ORD. 3 Moratorium on Casinos 05/04/2022 PRO ORD. 2 Discontinuance of Carton Ave 06/15/2022 PRO ORD. 4 Discontinuance of Cornelia Street 06/15/2022 PRO ORD. 6 Discontinuance of LaFayette Street 06/15/2022  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. 3 (committed on 2/16/22) Submitted to council on: 02 / 10 / 22 Proposed Resolution No. Sent to Council Attorney on: 02 / 08 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend ARTICLE XIII VACANT BUILDING REGISTRY ORDINANCE ESTABLISHING VACANT BUILDING REGISTRY BE IT ORDAINED, that Chapter 2-6 of the Utica Code of Ordinance shall be amended by adding Article XI, entitled “VACANT BUILDING REGISTRY”, to read as follows Section 2-6-400 Legislative findings and purpose It is the finding of the Common Council that vacant buildings, by nature of their vacancy, impose disproportionate costs on the neighborhoods in which the are located and on the City of Utica at large. The purpose of this article is to provide City personnel with the knowledge they need to mitigate these costs and incentivize the owners of vacant buildings to rehabilitate and return them to occupancy. Section 2-6-401 Definitions Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Chief Building Officer The person so designated by the Mayor, who is generally the Commissioner of Codes, or, in the absence of such Commissioner, the Chief Building Inspector for the City of Utica. Enforcement Officer A duly authorized representative of the Department of Codes Department. Owner Those shown to be the owner or owners on the records of the City of Utica Department od Assessment, those identified as the owner or owners on a vacant building registration form, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lease, or other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this article. Vacant Building Any building in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. For purposes of this law, buildings temporary unoccupied due to the temporary absence of the lawful owner shall NOT be considered vacant. Neither shall buildings used as guest houses (whether freely given or paid for) and thereby sometime occupied and sometimes not, be considered Vacant. Section 2-6-402 Vacant Building Registration A. An owner of a vacant building shall register such building with the Codes Department immediately and renew said registration annually thereafter until the building is no longer vacant. B. The registration shall be submitted on forms provided by the Codes Department and shall include the following information supplied by an owner: 1. The property addresses; 2. The Tax Map identification (section, block and lot) number associated with the parcel improved by the building or structure;  3. The names, address, e-mail addresses, and telephone numbers of all owners; 4. The name, address, e-mail address and telephone number of a person who resides in Oneida County or an adjoining county and who has the authority to act on the owner’s behalf regarding the property in the event of an emergency; 5. The names and addresses of all known lienholders and all other parties with an ownership interest in the building and a statement indicating whether the property is the subject of any mortgage or tax foreclosure; 6. A statement as to whether the owner intends or owners intend to rehabilitate and reoccupy the building or, if not, a statement as to how the owner intends or owners intend to dispose of the property; 7. If the owner is a corporate entity, including, but not limited to, a corporation, limited liability corporation, professional limited liability company, or limited liability partnership, the name, address, e-mail, and telephone number of an agent responsible for maintenance of the property, at least one active officer, partner and/or member of such entity, the registered address for the entity, and the state on which the entity is registered; and 8. Proof of property insurance. This requirement may be waived by the Chief Building Official upon a showing by the applicant that such insurance is not available for the subject property. C. As a condition of registration, all applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. D. A new owner shall register or reregister a vacant building with the enforcement officer within 30 days of any transfer of an ownership interest in a vacant building. E. Vacant building registration fees. 1. The owner of a vacant building shall pay an annual fee as set forth in Subsection E (2) of this section for the period the building remains a vacant building. 2. Fee schedule a. For residential buildings of one to three units: 1. For the first year, $250.00 2. For the second year, $500.00 3. For the third year, $750.00 4. For each subsequent year $1,000.00 b. For residential buildings of four to six units, and mixed commercial and residential buildings of two or three residential units: 1. For the first year, $500.00 2. For the second year, $1,000.00 3. For the third year, $1,500.00 4. For each subsequent year, $2,000.00 c. For residential buildings of seven or greater units, and mixed commercial and residential buildings of four or greater units: 1. For the first year, $1,000.00  2. For the second year, $2,000.00 3. For the third year, $3,000.00 4. For each subsequent year, $4,000.00 d. For nonresidential buildings, the greater of: 1. For the first year, $1,000.00 or $0.05 per square foot. 2. For the second year, $2,000.00 or $0.10 per square foot. 3. For the third year, $3,000.00 or $0.15 per square foot. 4. For each subsequent year, $4,000.00 or $0.20 per square foot. 5. The vacant building shall be registered prior to the issuance of a building permits, with the exception of a demolition permit. e. The vacant building registration fee shall be applied by the Chief Building Official toward the cost of any building permit fees otherwise owed for work proposed at the building for which the vacant building registration fee was paid. f. The enforcement officer shall document any property-specific engineering reports, written statements from community organizations, other interested parties or community residents regarding the condition, history, problems, status, or building influence of a vacant building. g. The Chief Building Official may reduce vacant building fees by up to 50% under the following circumstances: 1. For a specific property, if said property has not been the subject of any enforcement action by any enforcing entity during the shorter of the previous year or the period of the current owner’s ownership of the vacant building: or 2. The Chief Building Official determines that, in the interest of improving compliance with this article, the Chief Building Official may offer a fee reduction for all registrants for a period of up to 60 days, provided that a notification to the Common Council is provided by the Chief Building Official or their designee and a reasonable attempt is made to notify would-be registrants of the fee reduction and that no fee reduction offer made pursuant to this subsection has been extended in the previous 30 months; or 3. The Chief Building Official may offer a reduction in fees to all vacant building registrants for a period of up to 180 days after the date upon which this article became effective, provided that no such reduced fee period extends past January 1, 2023. h. A one-to three-unit residential vacant building where no code violations exist and which is unoccupied for less than 90 days is exempt from registration under either of the following circumstances; 1. Where the vacant building is the primary residence of, and owned by, a natural person; or 2. Where the vacant building is owned by a natural person and where a registered New York State licensed real estate agent has been retained to actively market the building. Section 2-6-403 Registration fee exemptions The Chief Building Official may grant an exemption from a vacant building registration fee pursuant to Section 303 for a given building upon an application made by the registrant on a form approved by the chief building official in the following instances: A: Where the vacant building has no code violations as to the exterior of the building or property, or interior code violations relating to plumbing or electrical systems that may have an adverse effect upon any other person, entity or property, or interior code violations relating to the structural stability of the building as verified by the chief building official or their designee or in a written, stamped letter from a licensed architect or engineer. The chief building official may grant an exemption under this subsection if code violations discovered during the registration process are remedied within 60 days of said violations having been reported to the  registrant. Code violations discovered at the registered building in the year after a fee exemption under this subsection is granted with respect to the registered building will constitute a revocation of said exemption retroactive to the date the building became vacant. An application for an exemption under this subsection shall have an application fee of $75, which shall be credited toward any applicable vacant building registration fee. B: Where the vacant building is vacant due to fire damage or damage caused by an extreme weather event for the first 180 days of vacancy where the owner or their designee applies for permits necessary for rehabilitation or demolition of the structure. Such fee shall be stayed for a period up to one year during which time work performed under the authorization of the permit is in progress. C: Where the vacant building has been purchased by a new owner, if a vacant building registration form is submitted within 180 days of purchase and permits have been applied for to undergo rehabilitation work to the vacant building which is necessary to the building becoming occupied or to demolish the vacant building. This exemption shall continue for so long as the permitted work continues at the building but in no case for longer than two years from the date a permit for said work was issued, at which point liability for the fee will be deemed to run from the end of one year from the date of issuance of the permit. If work ceases at the building as evidenced by a failure to request and pass inspections pursuant to the aforementioned permits and/or a failure to proceed with work for a period of more than 180 days, the chief building official may revoke this exemption retroactive to the date the building became vacant. D. Where the vacant building is owned by corporate registrants organized pursuant to and/or subject to § 1408, 1411, or 1600 et seq., of New York Not-for-Profit Corporation Law or other lawful not-for-profit corporations entitled to a federal tax exemption pursuant to 26 U.S.C. § 501(c)(3) chartered exclusively for the purpose of providing housing to low-income individuals and/or rehabilitating and returning vacant buildings to productive use. Section 2-6-404 Power to repair or abate violations Where an owner or responsible party fails to maintain a vacant building or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the chief building official may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Utica City Code §§ xxx, xxx, xxx , New York State Property Maintenance Code § 108.2, or any other equivalent law or ordinance. Section 2-6-405 Bi-annual reports The Chief Building Official shall submit a quarterly report not later than January 15 and July 15 of each year to the Mayor and Common Council containing not less than the following information: 1. The number of buildings in the City declared vacant in each category set forth in §xxx under the provisions of this article; and 2. The number of vacant building registrations filed or annually renewed with the Codes Department within each category. BE IT ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYE NAYS ADOPTED OR DISAPPROVED BY S THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2022 3 C. Friend 8 S. Colosimo-Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 03 / 02 / 22 Proposed Resolution No. 11 Sent to Council Attorney on: 03 / 02 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 03 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Resolution Requesting Each District Councilperson Allocate Funding To Establish A Business Directory App To Help Support And Revitalize The Businesses Of Utica WHEREAS, the goal would be to make it easy for Utica residents to find and support our local businesses. Also including, shop local community affording promotions and special events to residents and WHEREAS, residents would be able to search for businesses by name, address, or category/type and categories can also be selected, namely: • Building Contractors (e.g. electricians, painters, plumbers, roofers) • Educational (e.g. primary, secondary, universities, libraries) • Food & Drink (e.g. bakeries, bars, cafes, food delivery, restaurants, takeout) • General Services (ATMs, banks, cemeteries, lodging, parking, pharmacies) • Government (e.g. courthouses, fire stations, local government offices, police) • Houses of Worship (e.g. churches, Hindu temples, mosques, synagogues) • Personal Care (e.g. beauty salons, gyms, hair care, laundry, spas) • Professional Services (e.g. accountants, travel agencies, doctors, dentists, finance, funeral homes, insurance agencies, lawyers, locksmiths, moving companies, physical therapists, real estate agencies, veterinarians) • Shopping (e.g. apparel or clothing, bicycle, book, convenience, department, drug, electronics, florists, furniture, hardware, home goods, jewelry, liquor, movie rental, pet stores, shoes, shopping centers/malls, supermarkets) • Things to Do (e.g. parks, points of interest, tourist attractions) • Transportation & Vehicles (e.g. airport, auto repair, bus stations, car dealers, car rentals, car wash, gas stations, taxis) and WHEREAS, this is vital to helping promote businesses in the City along with using technology as well. NOW, THEREFORE, BE IT RESOLVED that the passing of this legislation shows support that the Common Council district representatives will utilize this funding to support businesses in their district. 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. 3 Submitted to council on: 4 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 4 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 5/ 04 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AN ORDINANCE ADDING “CASINOS” TO THE TEMPORARY MORATORIUM ORDINANCE ADOPTED APRIL 20TH 2022 WHEREAS, on April 20, 2022, the Common Council did extend its previously adopted ordinance that placed a temporary moratorium upon the issue of any permits and/or permission for the development and/or establishment of any new convenience stores, neighborhood retail and/or smoke shops in the City of Utica for an additional 6-month period commencing 4/20/2022, and WHEREAS, there has been discussions that their might be a movement to establish a Casino in the City of Utica, and WHEREAS, the question of whether a Casino would be welcomed by the residents of the City of Utica resulted in an informed survey of said residents and the residents of Herkimer County, results indicated a substantial negative response by those polled, and WHEREAS, although the aforementioned poll was an unscientific poll performed by Zogby Strategies, it is something to consider and expand upon if such a proposal should be entertained in the near future, and BE IT ORDAINED by the Common Council of the City of Utica that the Ordinance of 4/20/2022 shall apply as follows: CASINOS Any proposal for a permit to any appropriate City Agency for the development or establishment of a Casino within the City of Utica, shall be subject to a temporary moratorium for a period of 6 months from the date of adoption of this ordinance, and BE IT FURTHER ORDAINED, that said moratorium may be extended for a further period should a proposal be submitted for the establishment of a Casino in the City of Utica, until such time as it will take to conduct a scientific poll as to the desire of the residents of the City of Utica to support or oppose such a development and also provide sufficient time for a formal imposed study to be produced that will provide needed data as to the impact of such a development on the health, safety and morals of the residents of the City of Utica. 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: Law Department Proposed Ordinance No. 2 Submitted to council on: 06 / 10 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 22 Thursday Rule Waiver Required? N Date of Legislation: 06 / 15 / 22 Explanation provided to council on: / / _________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF CARTON AVENUE FROM LAFAYETTE STREET TO STATE STREET AND THE CONVEYANCE OF THE SAME WHEREAS, the parcel of real property described below has been listed as a City street on the official map of the City of Utica, and WHEREAS, this parcel has been determined to be unsuitable for municipal purposes, and WHERAS, it is in the best interest of the City that such parcel shall be discontinued for street purposes and the property be conveyed to the adjoining landowners, and WHEREAS, a public hearing was held pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General City Law and Section 9.005 of the Charter of the City of Utica on August 3rd , 2022, and WHEREAS, the Planning Board has submitted no objection or the time to submit any objections to this matter has expired. NOW, THEREFORE, BE IT ORDAINED: that the City of Utica hereby discontinues the use of the property described below as a City Street. All that piece or parcel described as follows: Beginning at a point on the northerly street boundary line of Lafayette Street said point being located 171.67’± from the intersection of the northerly street boundary line of Lafayette Street and the westerly street boundary line of Cornelia Street, thence in a northeasterly direction along the easterly street boundary line of Carton Avenue a distance of 173.03’± to a point, thence in a northwesterly direction along the northerly street boundary line of Carton Avenue a distance of 476.14’± to a point on the easterly street boundary line of State Street, said point also being the westerly property corner of NYS Parcel #74 as shown on acquisition map No. 31 for Interstate 790-L2128P373, thence southwesterly along the easterly street boundary line of State Street a distance of 18’± to a point, said point being the intersection point of the easterly street boundary line of State Street and the southerly street boundary line of Carton Avenue, and also being the northerly property corner NYS Parcel #31 as shown on acquisition map #39 for Interstate 790- L2175P243, thence easterly along the southerly street boundary line of Carton Avenue a distance of 458.14’± to a point, thence southwesterly along the westerly street boundary line of Carton Avenue a distance of 155’± to a point, said point lying on the northerly street boundary line of Lafayette Street, thence easterly along the northerly street boundary line of Lafayette Street a distance of 18’± to the point of beginning. Said parcel containing 11,361 S.F.-0.26 Acres. Subject to any and all easement of record or assumed including utilities and right-of-ways. Excepting and reserving therefrom any and all easements and rights-of-way as determined by the City Deputy Engineer. and it is BE IT FURTHER ORDAINED, that pursuant to Section 9.005 (b) of the City Charter, the Mayor is authorized to convey the property herein abandoned directly to the County of Oneida, upon approval of the Board of Estimate and Apportionment, for no consideration pursuant to General Municipal Law § 72-h. The other owner of contiguous lands has waived its right to purchase the property, and any written notice or time period within which to exercise its rights under Section 9.005(b). Such conveyances shall be by quitclaim deed, with no warranties or representations made by the City of Utica. Purchasers shall bear all recording costs. The parcels so sold shall be consolidated with the existing adjacent parcel, and it is BE IT FURTHER ORDAINED, that the official map of the City of Utica is hereby amended and the City Engineer is hereby authorized and directed to cause all copies of the official map of the City of Utica and the tax map of the City of Utica to be amended in accordance with this Ordinance. 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: Law Department Proposed Ordinance No. 4 Submitted to council on: 06 / 10 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 22 Thursday Rule Waiver Required? N Date of Legislation: 06 / 15 / 22 Explanation provided to council on: / / _________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF CORNELIA STREET FROM LAFAYETTE STREET TO ORISKANY STREET AND THE SALE OF THE SAME WHEREAS, the parcel of real property described below has been listed as a City street on the official map of the City of Utica, and WHEREAS, this parcel has been determined to be unsuitable for municipal purposes, and WHERAS, it is in the best interest of the City that such parcel shall be discontinued for street purposes and the property be sold to the adjoining landowners, and WHEREAS, a public hearing was held pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General City Law and Section 9.005 of the Charter of the City of Utica on August 3rd, 2022 and WHEREAS, the Planning Board has submitted no objection or the time to submit any objections to this matter has expired. NOW, THEREFORE, BE IT ORDAINED: that the City of Utica hereby discontinues the use of the property described below as a City Street. All that piece or parcel described as follows: Beginning at a point on the northerly street boundary line of Lafayette Street said point being located 262’± westerly of the intersection point of the northerly street boundary line of Lafayette Street and the westerly street boundary line of William D. Chapman Drive (formerly Pine Street), thence in a northeasterly direction along the easterly street boundary line of Cornelia Street a distance of 311’± to a point said point lying on the southerly street boundary line of Oriskany Street West, thence westerly along the southerly street boundary line of Oriskany Street West a distance of 37.39’± to a point, said point also being the intersection point of the westerly street boundary line of Cornelia Street, thence southwesterly along the westerly street boundary line of Cornelia Street a distance of 300.89’± to a point, said point lying on the northerly street boundary line of Lafayette Street, thence southeasterly along the northerly street boundary line of Lafayette Street a distance of 36’± to the point of beginning Said parcel containing 11,014 S.F. 0.257 Acres. Discontinuance subject to any and all easements of record or assumed including utilities and rights-of-ways.  Excepting and reserving therefrom any and all easements and rights-of-way as determined by the City Deputy Engineer. and it is BE IT FURTHER ORDAINED, that the City of Utica, as an adjoining landowner, waives all the right to retain or acquire any right, title and/or interest in the property, and waives any notice and time period within which to retain or acquire the property, and it is BE IT FURTHER ORDAINED, that pursuant to Section 9.005 (b) of the City Charter, the Mayor is authorized to sell the property herein abandoned directly, upon approval of the Board of Estimate and Apportionment, for the price recommended by the City Assessor as the sum determined to properly compensate the City. The owners of contiguous lands shall have not more than ninety (90) days from the mailing of written notice to them within which to exercise their rights under Section 9.005(b). Such conveyances shall be by quitclaim deed, with no warranties or representations made by the City of Utica. Purchasers shall bear all recording costs. The parcels so sold shall be consolidated with the existing adjacent parcel, and it is BE IT FURTHER ORDAINED, that the official map of the City of Utica is hereby amended and the City Engineer is hereby authorized and directed to cause all copies of the official map of the City of Utica and the tax map of the City of Utica to be amended in accordance with this Ordinance. 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: Law Department Proposed Ordinance No. 6 Submitted to council on: 06 / 10 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 22 Thursday Rule Waiver Required? N Date of Legislation: 06 / 15 / 22 Explanation provided to council on: / / _________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF LAFAYETTE STREET FROM BROADWAY TO STATE STREET AND THE SALE OF THE SAME WHEREAS, the parcel of real property described below has been listed as a City street on the official map of the City of Utica, and WHEREAS, this parcel has been determined to be unsuitable for municipal purposes, and WHERAS, it is in the best interest of the City that such parcel shall be discontinued for street purposes and the property be sold to the adjoining landowners, and WHEREAS, a public hearing was held pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General City Law and Section 9.005 of the Charter of the City of Utica on August 3rd, 2022 and WHEREAS, the Planning Board has submitted no objection or the time to submit any objections to this matter has expired. NOW, THEREFORE, BE IT ORDAINED: that the City of Utica hereby discontinues the use of the property described below as a City Street. All that piece or parcel described as follows: Beginning at a point on the westerly street boundary line of Broadway, said point also being the intersection point of the northerly street boundary line of Lafayette Street with the westerly street boundary line of Broadway, thence in a northwesterly direction along the northerly street boundary line of Lafayette Street a distance of 1,282.94’± to a point, said point lying on the easterly street boundary line of State Street, said point also being the westerly corner of NYS Parcel #31 as shown on acquisition map No. 39 for Interstate 790 L2175 P243, thence southwesterly along the easterly street boundary line of State Street a distance of 66’± to a point, said point being the intersection of the easterly street boundary line of State Street and the southerly street boundary line of Lafayette Street, thence easterly along the southerly street boundary line of Lafayette Street a distance of 1,277’± to a point, said point being the intersection point of the southerly street boundary line of Lafayette Street and the westerly street boundary line of Broadway, thence northeasterly along the westerly street boundary line of Broadway a distance of 66.27’± to the point of beginning. Said parcel containing 84,478± S.F. – 1.94± Acres.  Subject to any and all easements of record or assumed including utilities and rights-of-way. Excepting and reserving therefrom any and all easements and rights-of-way as determined by the City Deputy Engineer. and it is BE IT FURTHER ORDAINED, that the City of Utica, as an adjoining landowner, waives all the right to retain or acquire any right, title and/or interest in the property, and waives any notice and time period within which to retain or acquire the property, and it is BE IT FURTHER ORDAINED, that pursuant to Section 9.005 (b) of the City Charter, the Mayor is authorized to sell the property herein abandoned directly, upon approval of the Board of Estimate and Apportionment, for the price recommended by the City Assessor as the sum determined to properly compensate the City. The owners of contiguous lands shall have not more than ninety (90) days from the mailing of written notice to them within which to exercise their rights under Section 9.005(b). Such conveyances shall be by quitclaim deed, with no warranties or representations made by the City of Utica. Purchasers shall bear all recording costs. The parcels so sold shall be consolidated with the existing adjacent parcel, and it is BE IT FURTHER ORDAINED, that the official map of the City of Utica is hereby amended and the City Engineer is hereby authorized and directed to cause all copies of the official map of the City of Utica and the tax map of the City of Utica to be amended in accordance with this Ordinance. 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