Common Council Meeting -- 11.02.2022

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council November 02, 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 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. 22 Lee Street 09/07/2022 PRO. ORD. 24 Harbor Lock Road 09/07/2022 PRO. ORD. 26 Amending the Zoning Code 09/07/2022 PRO. ORD. 6 Amending Sec. 2-29-346 09/21/2022  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 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: Mayors Office Proposed Ordinance No. 22 Submitted to council on: 08 / 31 / 22 Proposed Resolution No. Sent to Council Attorney on: 08 / 31 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 07 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET WHEREAS, Utica Harbor Point Development Corporation (UHPDC) is the owner of a parcel of real property described below, which is a portion of a larger tract commonly known as the Harbor Point Area, and WHEREAS, Utica Harbor Point Development Corporation proposes to convey said parcel to the City of Utica to be used as a public street, and WHEREAS, a public hearing has been held on November 2, 2022, and the matter has been referred to the Planning Board which has duly reported thereon. NOW, THEREFORE BE IT ORDAINED, that the City of Utica hereby accepts and declares the parcel of real property described below to be a public street and agrees to maintain and repair the same for public purposes. BE IT FURTHER ORDAINED, pursuant to Section 99 of the Second Class City’s Law, the City Engineer is hereby directed to fix the grade for said street. BE IT FURTHER ORDAINED, the Common Council hereby designates the name of the street to be Lee Street. BE IT FURTHER ORDAINED, the City Engineer is directed to cause the official map for the City of Utica to be amended in accordance with this Ordinance. BE IT FURTHER ORDAINED, the premises are described as follows: See attached.  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: Mayors Office Proposed Ordinance No. 24 Submitted to council on: 08 / 31 / 22 Proposed Resolution No. Sent to Council Attorney on: 08 / 31 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 07 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET WHEREAS, Utica Harbor Point Development Corporation (UHPDC) is the owner of a parcel of real property described below, which is a portion of a larger tract commonly known as the Harbor Point Area, and WHEREAS, Utica Harbor Point Development Corporation proposes to convey said parcel to the City of Utica to be used as a public street, and WHEREAS, a public hearing has been held on November 2, 2022, and the matter has been referred to the Planning Board which has duly reported thereon. NOW, THEREFORE BE IT ORDAINED, that the City of Utica hereby accepts and declares the parcel of real property described below to be a public street and agrees to maintain and repair the same for public purposes. BE IT FURTHER ORDAINED, pursuant to Section 99 of the Second Class City’s Law, the City Engineer is hereby directed to fix the grade for said street. BE IT FURTHER ORDAINED, the Common Council hereby designates the name of the street to be Harbor Lock Road. BE IT FURTHER ORDAINED, the City Engineer is directed to cause the official map for the City of Utica to be amended in accordance with this Ordinance. BE IT FURTHER ORDAINED, the premises are described as follows: See attached.  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. 26 Submitted to council on: 09 / 01 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 01 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 07 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend Ordinance Amending the Zoning Code Amendment to Article IV, Division 1, Section 2-29-156, “Use Table” Be it Ordained that Section 2-29-156, the “Use Table” of the Zoning Code be amended such that “Gasoline/Convenience Station” no longer be permitted, either through Site Plan Review or Special Permit, in Neighborhood Mixed Use districts. 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: Corporation Counsel Proposed Ordinance No. 6 Submitted to council on: 09 / 20 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 20 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 21 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE AMENDING SECTION 2-29-346 OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-29-346 of the Code of Ordinances is hereby amended to read as follows: (d) No such use shall be located within 2,000 linear feet of a similar existing use regardless of the zoning district in which such existing use is located and measured from lot line to lot line. FURTHER ORDAINED, that this Ordinance shall take effect immediately. 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