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Common Council Meeting Minutes

Regular Meeting

Utica, NY · June 15, 2022

Minutes

Minutes

To view the legislation City of Utica referenced in the below Common Council – Regular Meeting minutes, please click the highlighted link. A full list of June 15th, 2022 legislation can be found below, following the minutes. To search for a specific word The meeting is called to order at 7:02 P.M. or phrase, click the F key while holding down the control Melissa Sciortino, City Clerk; key. Type the desired word or Andrew Castilla, Deputy City Clerk phrase into the text box. To Michael Galime, Common Council President view the full recorded Common Council Meeting, Present: Katie Aiello, 1st District Councilmember; please visit the City of Utica Robert Burmaster, 2nd District Councilmember; Youtube page. 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 & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Ed Noonan, Deputy Chief, UPD James Noon, Assistant Chief, UFD Brian Thomas, Commissioner, UED Eric G. Schuler, P.E. - Director of Engineering at Mohawk Valley Water Authority was present as a guest speaker Two speakers signed up for public comment No speakers signed up for the Public Hearing on the sale of 125-127 Grove Place President Galime read the Mayors Message A motion to waive the minutes from the previous meeting made by Councilmember Williamson The motion is seconded by Councilmember Aiello None opposed: Minutes waived A motion by Councilmember Meola to pull PRO. ORD. 3 – SALE OF 125-127 GROVE PLACE from Committee of the Whole None Opposed A motion by Councilmember Meola to amend PRO. ORD. 3 – SALE OF 125-127 GROVE PLACE to correct a typographical error Motion seconded by Councilmember Friend None Opposed A motion by Councilmember Meola to move PRO. ORD. 3 – SALE OF 125-127 GROVE PLACE as amended Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #49 of 2022 PRO. RES. 1 – RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE DISCONTINUANCE OF CARTON AVENUE FROM LAFAYETTE STREET TO STATE STREET ON AUGUST 3RD 2022 AT 7PM A motion by Councilmember Meola to move Pro. Res. 1 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 2 – ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF CARTON AVENUE FROM LAFAYETTE STREET TO STATE STREET AND THE CONVEYANCE OF THE SAME A motion by Councilmember Colosimo-Testa to place Pro. Res. 2 in Committee Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO. RES. 3 – RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE DISCONTINUANCE OF CORNELIA STREET FROM LAFAYETTE STREET TO ORISKANY STREET ON AUGUST 3RD 2022 AT 7PM A motion by Councilmember Meola to move Pro. Res. 3 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 4 – ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF CORNELIA STREET FROM LAFAYETTE STREET TO ORISKANY STREET AND THE CONVEYANCE OF THE SAME A motion by Councilmember Meola to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO RES. 5 – RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE DISCONTINUANCE OF LAFAYETTE STREET FROM BROADWAY TO STATE STREET ON AUGUST 3RD 2022 AT 7PM A motion by Councilmember Meola to move Pro. Res. 5 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 6 – ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF LAFAYETTE STREET FROM BROADWAY TO STATE STREET AND THE CONVEYANCE OF THE SAME A motion by Councilmember Meola to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Colosimo-Testa None Opposed Placed in Committee of the Whole PRO. ORD. 7 – HANDICAPPED PARKING LOCATIONS – 711 MARY STREET A motion by Councilmember Aiello to move Pro. Ord. 7 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango - 9 Nays: 0 Adopted as Ordinance #50 of 2022 A motion by Councilmember Meola to waive the Thursday Rule for all pieces Motion seconded by Councilmember Colosimo-Testa PRO. RES. 8 – ADOPTION OF THE 2022 ONEIDA COUNTY HAZARD MITIGATION PLAN A motion by Councilmember Colosimo-Testa to move Pro. Res. 8 Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion to table Local Law #3 of 2022 made by Councilmember Meola Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Local Law #3 of 2022 Tabled Motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Colosimo-Testa President Galime Adjourned: 7:55 P.M Certify To: Budget, Comptroller, URA Ordinance: 49 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmember Ervin Ordinance approving the designation of DB Realty Solutions (Dmitry Brutskiy) as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 125-127 Grove Place; and WHEREAS, The Utica Urban Renewal Agency has acquired 125-127 Grove Place; 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 DB Realty Solutions (Dmitry Brutskiy); and the developer proposes to purchase 125-127 Grove Place to create additional parking for his property; and the purchase will require the payment of $750.00; 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, June 15, 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; AND FURTHER ORDAINED: That the purchase price for the above said property is $750.00; 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 16th day of June, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 1 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON THE DISCONTINUANCE OF CARTON AVENUE FROM LAFAYETTE STREET TO STATE STREET RESOLVED, that pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General Cities Law and Section 9.005 of the Charter of the City of Utica, this Council will consider adoption of an Ordinance discontinuing a portion of Carton Avenue from Lafayette Street to State Street in the City of Utica as described below, amending the official map of the City of Utica accordingly and conveying such abandoned property to the owner of adjoining property for no consideration pursuant to General Municipal Law § 72-h, and it is FURTHER RESOLVED, that to further such purpose the Common Council shall conduct a public hearing on the proposed Ordinance at its regular meeting on August 3rd, 2022, at 7 p.m. in the Common Council Chambers, Utica City Hall, Utica, New York, FURTHER RESOLVED, that the City Clerk shall publish a Notice of Public Hearing at least two (2) times not less than ten (10) days before the public hearing, and mail notice to each of the owners of the adjacent land, as shown on the map thereof, and it is FURTHER RESOLVED, that said change is submitted to the Planning Board for report thereon, FURTHER RESOLVED, that the properties to be considered for discontinuance for street purposes is hereby 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. 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 16th day of June, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk 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 Certify To: Budget, Comptroller, URA Resolution: 2 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON THE DISCONTINUANCE OF CORNELIA STREET FROM LAFAYETTE STREET TO ORISKANY STREET RESOLVED, that pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General Cities Law and Section 9.005 of the Charter of the City of Utica, this Council will consider adoption of an Ordinance discontinuing a portion of Cornelia Street from Lafayette Street to Oriskany Street in the City of Utica as described below, amending the official map of the City of Utica accordingly and offering to sell such abandoned property to the owner of adjoining property a price to be determined by appraisal, and it is FURTHER RESOLVED, that to further such purpose the Common Council shall conduct a public hearing on the proposed Ordinance at its regular meeting on August 3rd, 2022, at 7 p.m. in the Common Council Chambers, Utica City Hall, Utica, New York, and FURTHER RESOLVED, that the City Clerk shall publish a Notice of Public Hearing at least two (2) times not less than ten (10) days before the public hearing, and mail notice to each of the owners of the adjacent land, as shown on the map thereof, and it is FURTHER RESOLVED, that said change is submitted to the Planning Board for report thereon, and FURTHER RESOLVED, that the properties to be considered for discontinuance for street purposes is hereby 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. 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 16th day of June, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk 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 Certify To: Budget, Comptroller, URA Resolution: 3 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON THE DISCONTINUANCE OF LAFAYETTE STREET FROM BROADWAY TO STATE STREET RESOLVED, that pursuant to Section 101 of the Second Class Cities Law, Section 29 of the General Cities Law and Section 9.005 of the Charter of the City of Utica, this Council will consider adoption of an Ordinance discontinuing a portion of Lafayette Street from Broadway to State Street in the City of Utica as described below, amending the official map of the City of Utica accordingly and offering to sell such abandoned property to the owner of the adjoining property a price to be determined by appraisal, and it is FURTHER RESOLVED, that to further such purpose the Common Council shall conduct a public hearing on the proposed Ordinance at its regular meeting on August 3rd, 2022, at 7 p.m. in the Common Council Chambers, Utica City Hall, Utica, New York, FURTHER RESOLVED, that the City Clerk shall publish a Notice of Public Hearing at least two (2) times not less than ten (10) days before the public hearing, and mail notice to each of the owners of the adjacent land, as shown on the map thereof, and it is FURTHER RESOLVED, that said change is submitted to the Planning Board for report thereon, and FURTHER RESOLVED, that the properties to be considered for discontinuance for street purposes is hereby 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. 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 16th day of June, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk 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 Certify To: Budget, Comptroller, Law, Sign Shop Ordinance: 50 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmember Aiello HANDICAPPED PARKING LOCATIONS ORDAINED, that Sec. 2-16-378 Schedule W: Handicapped parking locations, be amended to include the following: Mary Street, handicap parking for one vehicle [Location: 711 Mary 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 16th day of June, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Engineering Resolution: 4 City of Utica Department of Legislation In Common Council June 15, 2022 Sponsored by: Councilmembers Meola, Williamson, Colosimo-Testa, DiBrango ADOPTION OF 2022 ONEIDA COUNTY HAZARD MITIGATION PLAN WHEREAS, the City of Utica collectively with the Oneida County Soil and Water Conservation District, Oneida County Department of Emergency Services and Oneida County, has gathered information and prepared the 2022 Oneida County Hazard Mitigation Plan; and WHEREAS, the 2022 Oneida County Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the City of Utica is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the City of Utica have reviewed the Plan and affirms that the Plan will be updated no less than every five years; RESOLVED by the Common Council that the City of Utica deems the 2022 Oneida County Hazard Mitigation Plan as multi-jurisdictional and adopts it as its own Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan. ADOPTED this 15th day of June 2022 at a meeting of the City of Utica Common Council. 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 16th day of June, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: Assessor Proposed Ordinance No. Submitted to council on: 5/ 18 / 22 Proposed Resolution No. Sent to Council Attorney on 5/ 18 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 5 / 18 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson A LOCAL LAW AMENDING SECTION 5.022 OF THE UTICA CITY CHARTER TO CHANGE THE TAXABLE STATUS DATE FOR THE CITY OF UTICA FROM AUGUST 1ST TO MARCH 1ST. Presented and read on __________________. Adopted by the Common Council by a vote of Yeas ___ and Nays ___, on ___________________, Became a Local Law with the approval of the Mayor on ________________________, after a public hearing on ____________________. BE IT ENACTED, by the Common Council of the City of Utica: SECTION ONE. Section 5.022 of the Utica City Charter is hereby amended to read as follows: Sec. 5.022. Preparation, review of assessment rolls. In the manner provided in the Real Property Tax Law or other general laws of the state, relative to the listing, valuation and assessment of property for purposes of taxation, the Assessor shall proceed to make, correct, review, complete and verify the assessment rolls for the City. The taxable status of real property in the City shall be determined annually as of August 1 March 1. The annual assessment of property in the City for the succeeding fiscal year shall be made by the Assessor by August 1 March 1 and the tentative assessment rolls shall be completed on or before August 10 May 1. The Assessor shall cause the notice of completion of tentative assessment roll to be published as required by law. The notice shall specify a day, not less than 10 days from the completion of the assessment roll, the fourth Tuesday in May as the date on which the Board of Assessment and Review shall meet to hear complaints in relation to assessments. Such day shall be known as grievance day. Upon the day so designated, the Board of Assessment and Review shall meet and act in conformity with the notice. Upon the completion and verification of the final assessment roll, it shall be filed, on or before October 1 July 1 with the City Clerk, there to remain ten (10) days for public inspection. A separate assessment roll shall be made for each ward prepared as prescribed by the Real Property Tax Law, except that it shall contain a column for the insertion of the City tax. Upon levy of the City tax by the Common Council, the Assessor shall make one copy of each of the rolls containing the City tax and deliver same to the City Treasurer. SECTION TWO: This local law shall become effective for March 1, 2023 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo- DATE ADOPTED _____/_____/ 2022 Testa 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime

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