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Common Council Meeting -- 11.03.2021

Regular Meeting

Utica, NY · November 3, 2021

Agenda

Agenda

LEGISLATION FROM U.R.A. RE: SALE OF PROPERTIES City of Utica Common Council November 3, 2021 ORD. 2 Sale of 1311 Francis Street to Constance Williams for $250.00 Submitted to council by: URA Proposed Ordinance No. 2 Submitted to council on: 10 / 14 / 21 Proposed Resolution No. Sent to Council Attorney on: 10 / 14 / 21 Thursday Rule Waiver Required? N Date of Legislation: 10 / 20 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson ORDINANCE APPROVING THE DESIGNATION OF CONSTANCE WILLIAMS AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 1311 FRANCIS STREET WHEREAS, the Utica Urban Renewal Agency has acquired 1311 Francis 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 Constance Williams; and the developer proposes to purchase 1311 Francis Street to maintain as green space for her 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, November 3, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $250.00; and BE IT FURTHER 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 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council November 3, 2021 RES. 1 Naming Pool in Honor of M. Esthyr Fitzgerald ORD. 2 Amend Sec. 2-16-357; Through Streets (Tilden Ave) ORD. 3 Amend Sec. 2-16-358; Stop Sign (Bleecker St) ORD. 4 Rescind Chapter 2-5 Article III (Fowl) ORD. 5 Rescind Chapter 2-5 Article IV (Bees) RES. 6 Honoring 100th Anniversary of United Way ORD. 7 Sale of 413 Deland Drive ORD. 8 Sale of 418 Woodburne Drive ORD. 9 Sale of 807 Utica Road ORD. 10 Sale of 909 Kellogg Avenue ORD. 11 Sale of 1408 Kellogg Avenue ORD. 12 Sale of 10 Foery Drive ORD. 13 Sale of 1345 Leeds Street ORD. 14 Sale of French Road Cemetery (2 lots) ORD. 15 Transfer of Funds (CARES Act) RES. 16 Appointment to MVWA Board Submitted to council by: Councilmember Betrus Proposed Ordinance No. Submitted to council on: 10 / 27 / 21 Proposed Resolution No. 1 Sent to Council Attorney on: 10 / 27 / 21 Thursday Rule Waiver Required? N Date of Legislation: 11 / 03 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus NAMING THE MUNICIPAL POOL IN NORTH UTICA THE M. ESTHYR FITZGERALD SWIMMING POOL TO HONOR HER PUBLIC SERVICE IN THE CITY OF UTICA WHEREAS, on June 16, 1965, the Common Council of the City of Utica did adopt a resolution sponsored by Ninth District Councilman, Gordon Hathaway, naming the municipal swimming pool located in North Utica as The M. Esthyr Fitzgerald Swimming Pool; and WHEREAS, Miss Fitzgerald, after retiring from public service in 1960, continued to show interest in the affairs of the City of Utica by serving in unofficial capacities in several fields of civic responsibility until her death on September 9, 1963; and WHEREAS, the swimming pool in North Utica that was named in her honor has been replaced by a new swimming pool, and the Common Council does hereby wish to continue that tribute of June 16, 1965; and WHEREAS, under her leadership and guidance the playgrounds in the City of Utica were expanded from 5 to 22, plus the construction of 3 swimming pools for the use of the people in the greater Utica area, together with the construction of many wading pools for the use of children in the Utica area; and WHEREAS, Miss Fitzgerald was one of New York State’s first Municipal Recreation Administrators and served in such capacity with dignity and distinction and was a Charter Member of the New York State Recreation Society and the American Recreation Society; and WHEREAS, under her wise leadership and guidance, many community center activities were conducted in Utica school buildings for the benefit of the citizens of the City of Utica; and WHEREAS, Miss Fitzgerald was awarded the highest award that the New York State Recreation Society bestows upon a person, namely – “The Professional Accomplishment Award;” and NOW, THEREFORE, BE IT RESOLVED, that the municipal pool in North Utica shall once again be and hereby be known as The M. Esthyr Fitzgerald Swimming Pool, as a continuing recognition of her devoted and unstinting service to the people of the City of Utica, New York; and BE IT FURTHER RESOLVED, that a plaque be erected in her name at said newly refurbished pool, so as to perpetuate her memory for the development of the recreational facilities of our City and for her devoted leadership as a person so greatly respected by this community which has not been foreshadowed or forgotten. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: UPD Proposed Ordinance No. 2 Submitted to council on: 10 / 27 / 21 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 21 Thursday Rule Waiver Required? N Date of Legislation: 11 / 03 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola THROUGH STREETS ORDAINED, that Sec. 2-16-357 Schedule B: Through Streets, be amended as follows: Tilden Avenue, from the intersection of Eagle to Tilden to the intersection of Bleecker and Tilden BE IT FURTHER ORDAINED, that the proper signage be erected where necessary. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: UPD Proposed Ordinance No. 3 Submitted to council on: 10 / 27 / 21 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 21 Thursday Rule Waiver Required? N Date of Legislation: 11 / 03 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Bleecker Street and Tilden Avenue, all corners, four-way stop at each intersection BE IT FURTHER ORDAINED, that the proper signage be erected where necessary. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: Councilmember Friend Proposed Ordinance No. 4 Submitted to council on: 10 / 27 / 21 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 21 Thursday Rule Waiver Required? N Date of Legislation: 11 / 03 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend RESCIND CHAPTER 2-5 ARTICLE III: FOWL WHEREAS, Chapter 2-5 Article III of the City of Utica Code of Ordinances prohibits any person from having, keeping, or offering to sell any fowl within the City of Utica; and WHEREAS, a new zoning ordinance establishing zoning regulations for the City of Utica was adopted by the City of Utica Common Council on February 3, 2021; and WHEREAS, Article I Section 2-29-7 of the aforementioned zoning ordinance defines AGRICULTURE, URBAN as “the production, keeping or maintenance of plants and animals in urban or developed areas, with animal production, keeping, or maintenance limited to chickens, rabbits, and bees,”; and WHEREAS, the regulations of AGRICULTURE, URBAN are set forth in Article XI of the zoning ordinance; and WHEREAS, Chapter 2-5 Article III of the City of Utica Code of Ordinances contradicts the regulations as set forth in Article XI of the zoning ordinance adopted by the Common Council on February 3, 2021; NOW, THEREFORE, BE IT ORDAINED, that the City of Utica Common Council does hereby rescind and remove Chapter 2-5 Article III: Fowl from the City of Utica Code of Ordinances. BE IT FURTHER ORDAINED, that this ordinance shall be immediately effective upon adoption. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: Councilmember Friend Proposed Ordinance No. 5 Submitted to council on: 10 / 27 / 21 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 21 Thursday Rule Waiver Required? N Date of Legislation: 11 / 03 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend RESCIND CHAPTER 2-5 ARTICLE IV: BEES WHEREAS, Chapter 2-5 Article IV of the City of Utica Code of Ordinances prohibits beekeeping in the City of Utica; and WHEREAS, a new zoning ordinance establishing zoning regulations for the City of Utica was adopted by the City of Utica Common Council on February 3, 2021; and WHEREAS, Article I Section 2-29-7 of the aforementioned zoning ordinance defines AGRICULTURE, URBAN as “the production, keeping or maintenance of plants and animals in urban or developed areas, with animal production, keeping, or maintenance limited to chickens, rabbits, and bees,”; and WHEREAS, the regulations of AGRICULTURE, URBAN are set forth in Article XI of the zoning ordinance; and WHEREAS, Chapter 2-5 Article IV of the City of Utica Code of Ordinances contradicts the regulations as set forth in Article XI of the zoning ordinance adopted by the Common Council on February 3, 2021; NOW, THEREFORE, BE IT ORDAINED, that the City of Utica Common Council does hereby rescind and remove Chapter 2-5 Article IV: Bees from the City of Utica Code of Ordinances. BE IT FURTHER ORDAINED, that this ordinance shall be immediately effective upon adoption. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: Councilmember Williamson Proposed Ordinance No. Submitted to council on: 11 / 01 / 21 Proposed Resolution No. 6 Sent to Council Attorney on: 11 / 01 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 01 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Burmaster, Friend, Meola, Moody, Betrus, Williamson, LoMedico, DiBrango RESOLUTION TO HONOR THE 100TH ANNIVERSARY OF THE FOUNDING OF THE UNITED WAY WHEREAS, the United Way of the Mohawk Valley was founded on November 1, 1921 under the name The Community Chest; and WHEREAS, the mission was proposed to create a thriving community by connecting people, resources, and solutions throughout our region; and WHEREAS, while the United Way of the Mohawk Valley began as The Community Chest, striving to provide an outlet for community members to make one donation to support several local non-profits and help their fellow neighbors, the United Way of the Mohawk Valley continues to be one of the area’s top funders of local programs; and WHEREAS, the United Way of the Mohawk Valley brought “211” to our community - the most comprehensive database of local services - which is available to residents 24/7/365 to connect them to a host of services including access to food & shelter, veterans’ services, disaster relief, mental illness and well-being support, and much more, the mission remains strong and continues to foster innovative solutions to meet our most pressing challenges in human services, driving short-term and long-term results; and WHEREAS, the United Way of Mohawk Valley has incubated and helped start the region’s first licensed extended-day childcare center, offering reliable and safe care for children of persons furthering their education or at work. This center helps individuals become more financially stable; and WHEREAS, the United Way of Mohawk Valley, among much other work, has also launched Volunteers United, an online platform for community members to find local opportunities to give back and for non-profits to more efficiently coordinate their efforts; and WHEREAS, the United Way of Mohawk Valley, focuses on more than just a single issue facing our community, and funds dozens of vital programs and initiatives each year, improving access to health, education, and financial stability of people in need, matching unmet needs to innovative solutions which help thousands of residents each year; THEREFORE, BE IT RESOLVED, that the City of Utica Common Council proclaims that on November 1st, 2021 the United Way of the Mohawk Valley, for 100 years, has been bringing people, organizations, and communities together around a common cause and vision in which the United Way of the Mohawk Valley’s unique position will allow the organization to continue to evolve to meet the needs of the times while addressing key issues for the next 100 years to come. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 7 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 307.19-3-5 413 Deland Drive Muric Eldin $ 65,000.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 8 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 308.17-5-45 418 Woodburne Drive Muric Eldin $ 51,000.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 9 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 307.5-1-68 807 Utica Road Juan Carlos Byars $ 40,000.00 GJ Holdings, LLC MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 10 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 318.21-1-44 909 Kellogg Avenue Amy Rojas $ 4,500.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 11 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 317.12-1-7 1408 Kellogg Avenue Ronald Ricci $ 46,000.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 12 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 329.12-2-37.2/109 10 Foery Drive Russell Pelli $ 75,000.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 13 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 330.8-5-17 1345 Leeds Street Bui Thanh $ 90,000.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: E&A Proposed Ordinance No. 14 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on September 30, 2021 and approved by the Board of Estimate & Apportionment on November 1, 2021. Tax Map # Property Address Purchaser Purchase Price 329.15-2-16 French Road (Cemetery – 2 lots) David Giglio $ 2,000.00 329.15-2-2 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: Board of E & A Proposed Ordinance No. 15 Submitted to council on: 11 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson TRANSFER OF FUNDS 2020-2021 FISCAL YEAR RE: CARES ACT WHEREAS, Local Law No. 2 of 2007 requires, among other things, that each transfer and appropriation from one account exceeding $15,000.00 within a budgetary year shall be set forth specifically in an ordinance and shall not become effective unless said appropriation and transfer is approved by a majority of all Councilmembers, and WHEREAS, the Board of Estimate and Apportionment did approve the particular transfer hereinafter more particularly described on November 1, 2021. NOW, THEREFORE, BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: B4558688-503 CARES Act - Pandemic Stimulus Program $ 19,990.00 To: B4558688-509 CARES Act - Utica Green Teams $ 19,990.00 Explanation for Transfer: To adjust for additional labor for Utica Green Teams. B4558688-503 Original Budget: $ 225,000.00 Revised Budget with Transfer $ 205,010.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ 225,000.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% B4558688-509 Original Budget: $ 125,000.00 Revised Budget with Transfer $ 144,990.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 144,049.25 Balance before Transfer: $ (19,049.25) Percent Used (Original Budget): 115.24% Percent Used (Revised Budget): 99.35% MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime Submitted to council by: Councilmembers Meola, Williamson Proposed Ordinance No. Submitted to council on: 11 / 03 / 21 Proposed Resolution No. 16 Sent to Council Attorney on: 11 / 03 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 03 / 21 Explanation provided to council on: 11 / 03 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson RESOLUTION APPOINTING A CANDIDATE FOR APPOINTMENT TO THE UPPER MOHAWK VALLEY REGIONAL WATER BOARD RESOLVED, pursuant to Section 1226-e of the Public Authorities Law of the State of New York, the Common Council hereby nominates the following individual as a candidate for re-appointment to the Upper Mohawk Valley Regional Water Board beginning January 1, 2022: Richard Karam For a (3) three-year term to expire December 31, 2024. FURTHER RESOLVED, the City of Utica is hereby directed to transmit the name of the council nominee to the Clerk of the County Legislature and retain a record specifying the date of delivery thereof. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime

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