Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting May 4th, 2022 The meeting is called to order at 7:01p.m. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk Michael Galime, Common Council President Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Celeste Friend, 3rd District Councilmember; Frank Meola, 4th District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Frank DiBrango, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Lt. Ashley Berger, UPD Scott Ingersoll, Fire Chief; A motion to waive the minutes from the previous meeting made by Councilmember DiBrango The motion is seconded by Councilmember Colosimo-Testa None opposed: Minutes waived No Speakers were present for Public Hearing on URA Properties. PRO. ORD. 8 SALE OF 508 MILGATE STREET PRO. ORD. 10 SALE OF 1673 WEST STREET Motion from Councilmember Williamson to pull Pro. Ord.8 Sale Of 508 Milgate Street from Committee Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted Motion from Councilmember Friend to pull Pro. Ord. 10 Sale Of 1673 West Street from Committee Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted Noone signed up for public comment President Galime read the Mayors Message PRO. ORD. 1 HANDICAPP SIGN BELMONTE AVE Motion from Councilmember Meola to move Pro. Ord. 1 Handicapp Sign Belmonte Ave Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 2 AMEND SEC. 2-16-369 Motion from Councilmember Meola to Dispense Pro. Ord. 2 Amend Sec. 2-16-369 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Dispensed PRO. ORD. 3 CASINO MORATORIUM A motion to Commit PRO. ORD. 3 by Councilmember Meola Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Committed PRO. RES. 4 MARRIAGE OFFICER TIMOTHY JULIAN A motion to move PRO. RES. 4 by Councilmember Friend Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO RES. 5 AUTHORIZE BEER AND WINE – MT. CARMEL A motion made by Councilmember Meola to move PRO. RES. 5 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 6 AUTHORIZE BEER AND WINE – FX MATT 100TH ANNIVERSARY CELEBRATION A motion made by Councilmember Meola to move PRO. RES. 6 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 7 AUTHORIZE BEER AND WINE – FX MATT WINE IN THE WILDERNESS A motion made by Councilmember Williamson to move PRO. RES. 7 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 8 SEC. 2-16-360 SCHEDULE E: NO PARKING AT ALL TIMES, BE AMENDED TO INCLUDE THE FOLLOWING: THE EAST SIDE OF COVENTRY AVE. FROM HERKIMER RD. TO THE FRONT OF 446 COVENTRY AVEWEST SIDE OF COVENTRY AVE. FROM THE TRENTON ROAD TURN OFF TO SERVIS PLACE (TO INCLUDE THE ISLAND ACROSS FROM 436 COVENTRY AVE.) Motion made by Councilmember Burmaster Motion seconded by Councilmember Ervin Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 9 RESCIND STOP SIGN (BECKWITH AND JAMES) Motion made to RESCIND by Councilmember Meola Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Rescinded Motion to Waive the Thursday Rule on all pieces by Councilmember Meola Motion seconded by Councilmember Colosimo-Testa None Opposed PRO. ORD. 10 STOP SIGN (BECKWITH AND JAMES) A motion made by Councilmember Meola to move PRO. ORD. 10 Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 11 JULY AND AUGUST COUNCIL MEETING DATES Motion made by Councilmember Meola Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion made by Councilmember Friend to Discharge from Committee PRO. RES. 1 BOARD OF ASSESSMENT APPOINTEE Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Discharged Motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Williamson President Galime Adjourned: 7:20P.M Certify To: Budget, Comptroller, Law, Sign Shop Ordinance: 35 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Meola HANDICAPPED PARKING LOCATIONS ORDAINED, that Sec. 2-16-378 Schedule W: Handicapped parking locations, be amended to include the following: Belmonte Avenue, handicap parking for one vehicle [Location: 1010 Belmont Ave.] FURTHER ORDAINED, that the proper signage be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, Law, Sign Shop, UPD Ordinance: 36 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Betrus ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times, be amended to include the following: The East side of Coventry Ave. from Herkimer Rd. to the front of 446 Coventry Ave West side of Coventry Ave. from the Trenton Road turn off to Servis Place (to include the island across from 436 Coventry Ave.) FURTHER ORDAINED, that the proper signage be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, Law, Sign Shop, UPD Ordinance: 37 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required; Beckwith Place, Southwest Corner of Beckwith Place and James Street Be RESCINDED Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, Law, Sign Shop, UPD Ordinance: 38 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Beckwith Place, Northwest Corner of Beckwith Place and James Street FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, URA Ordinance: 39 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Aiello Ordinance approving the designation of Joseph Fraccola as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 508 Milgate Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 508 Milgate STreet; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Joseph Fraccola; and the developer proposes to purchase 508 Milgate Street to maintain as his primary residence; and the purchase will require the payment of $20,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, May 4, 2022 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. 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; FURTHER ORDAINED: That the purchase price for the above said property is $20,000.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller, URA Ordinance: 40 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored By: Councilmember Ervin Ordinance approving the designation of Nur Alam Bin Abdul Ghafar & Akima Binti Rahman as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1673 West Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 1673 West Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Nur Alam Bin Abdul Ghafar & Akima Binti Rahman; and the developer proposes to purchase 1673 West Street to maintain as green space for their adjacent property; and the purchase will require the payment of $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, May 4, 2022 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. 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; FURTHER ORDAINED: That the purchase price for the above said property is $250.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 _________________________________________________________________ City Clerk Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored by: Councilmember Friend RESOLVED, that pursuant to Chapter 49 of the Laws of New York (1988), the Common Council does hereby appoint the following person as marriage officer for 2yrs for the period of May 4th, 2022 to December 31, 2023: Timothy J. Julian 137 Higby Road Utica, New York 13501 . FURTHER RESOLVED, That this resolution shall take effect immediately. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 2 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO ST. MARY OF MOUNT CARMEL/BLESSED SACRAMENT PARISH WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: St. Mary of Mount Carmel/Blessed Sacrament Parish Name of Event: St. Mary of Mount Carmel/Blessed Sacrament Parish Festival Date of Event: Friday, July 15th 2022. 5pm to 10pm Saturday, July 16th 2022. 5pm to 10pm Sunday, July 17th 2022. 11am to 3pm Location of Event: St. Mary of Mount Carmel/Blessed Sacrament Parish – Church Grounds 648 Jay Street Utica NY, 13501 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 3 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO FX MATT BREWING COMPANY WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: FX Matt Brewing Company Name of Event: United Way 100th Anniversary Celebration Date of Event: Friday, June 10th 2022. 6pm to 10pm Location of Event: Brewery Courtyard 811 Edward Street Utica NY, 13502 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 4 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored by: Councilmembers Meola, Williamson AUTHORIZING SALE OF WINE AND BEER TO UTICA ZOO WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Utica Zoo Name of Event: Wine in the Wilderness Date of Event: Saturday, June 4th 2022. 6pm to 9pm Location of Event: Utica Zoo 1 Utica Zoo Way Utica, NY 13501 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 ____________________________________________________________________________ City Clerk Certify To: Budget, Comptroller, UPD Resolution: 5 City of Utica Department of Legislation In Common Council May 4, 2022 Sponsored by: Councilmembers Meola, Williamson ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS RESOLVED, that the Common Council does hereby schedule its regular July Common Council meeting for Wednesday July _6TH, 2022 at 7pm and its August Common Council meeting for Wednesday August__3RD, 2022 at 7:00pm in the Common Council Chambers. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 5th day of May, 2022 ____________________________________________________________________________ City Clerk  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