Common Council Meeting Minutes

To view the legislation referenced in the below minutes, please click the City of Utica highlighted link. A full list of Common Council – Regular Meeting legislation can be found July 6th, 2022 following the minutes. To search for a specific word or phrase, click the F key while holding down the control The meeting is called to order at 7:01 P.M. key. Type the desired word Melissa Sciortino, City Clerk; or phrase into the text box. Andrew Castilla, Deputy City Clerk To view the full recorded Michael Galime, Common Council President Common Council Meeting, please visit the City of Utica Present: Katie Aiello, 1st District Councilmember; Youtube page. 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 & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Ed Noonan, Deputy Chief, UPD Brian Bansner, UPD Scott Ingersoll, Fire Chief; Brian Thomas, Commissioner, UED Heather Mowat, Budget Director Marquis Phillips, Commissioner of Codes Two speakers signed up for public comment President Galime read the Mayors Message A motion to waive the minutes from the previous meeting made by Councilmember Friend The motion is seconded by Councilmember DiBrango None opposed: Minutes waived PRO. RES. 1 – MAIN STREET GRANT FOR MIDTOWN UTICA COMMUNITY CENTER A motion by Councilmember Friend to amend the title of Pro. Res. 1 to Main Street Grant for Midtown Utica Community Center Motion seconded by Councilmember Meola None Opposed A motion by Councilmember Meola for full council sponsorship of Pro. Res. 1 Motion seconded by Councilmember DiBrango None Opposed A motion by Councilmember Meola to move Pro. Res. 1 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 2 – RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SALE OF 1226 WHITESBORO STREET A motion by Councilmember Burmaster to move Pro. Res. 2 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 3 – ORDINANCE APPROVING THE SALE OF 1226 WHITESBORO STREET A motion by Councilmember Colosimo-Testa to place Pro. Ord. 3 in Committee of the Whole Motion seconded by Councilmember Betrus None Opposed Placed in Committee of the Whole PRO. RES. 4 – RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SALE OF 1226 WHITESBORO STREET #2 A motion by Councilmember Burmaster to move Pro. Res. 4 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO ORD. 5 – ORDINANCE APPROVING THE SALE OF 1226 WHITESBORO STREET #2 A motion by Councilmember Meola to place Pro. Ord. 5 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. RES. 6 – RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SALE OF 101 MATTHEWS AVE. A motion by Councilmember Burmaster to move Pro. Res. 6 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 7 – ORDINANCE APPROVING THE SALE OF 101 MATTHEWS AVE. A motion by Councilmember Meola to place Pro. Ord. 7 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO. RES. 8 – RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SALE OF 1102 & 1104 HOWARD AVE. A motion by Councilmember Ervin to move Pro. Res. 8 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 9 – ORDINANCE APPROVING THE SALE OF 1102 & 1104 HOWARD AVE. A motion by Councilmember Friend to place Pro. Ord. 9 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole A motion by Councilmember Friend to waive the Thursday Rule for all pieces Motion seconded by Councilmember Meola PRO. RES. 10 – RESOLUTION AUTHORIZING INSTALLMENT PURCHASE AGREEMENT FOR THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT, SOFTWARE AND DIGITAL STORAGE SERVICES FOR THE BUREAU OF POLICE Councilmember Williamson Qualified his Vote A motion by Councilmember Meola to move Pro. Res. 10 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 11 – RESOLUTION ENDORSING HISTORIC PRESERVATION GRANT FOR TABERNACLE BAPTIST CHURCH A motion by Councilmember Friend to amend the title of Pro. Res. 11 to Historic Preservation Grant for Tabernacle Baptist Church Motion seconded by Councilmember Meola None Opposed A motion by Councilmember Colosimo-Testa to amend Pro. Res. 11 to include the amount being requested (up to $500,000) Motion seconded by Councilmember Friend None Opposed A motion by Councilmember Friend for full council sponsorship of Pro. Res. 11 Motion seconded by Councilmember Meola None Opposed A motion by Councilmember Friend to move Pro. Res. 11 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 12 – RESOLUTION APPROVING AND ENDORSING MUNSON-WILLIAMS PROCTOR ARTS INSTITUTE IN ITS APPLICATION TO NYS HOMES AND COMMUNITY RENEWAL FOR FUNDING UNDER THE NEW YORK MAIN STREET PROGRAM A motion by Councilmember Aiello to move Pro. Res. 12 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion to take Local Law #3 of 2022 from the table made by Councilmember Meola Motion seconded by Councilmember Friend None Opposed LOCAL LAW #3 OF 2022 - 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 Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion by Councilmember Friend to pull PRO. ORD. 3 – ORDINANCE ESTABLISHING VACANT BUILDING REGISTRY from Committee of the Whole Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin, DiBrango – 6 Nays: Betrus, Williamson, Colosimo-Testa – 3 Brought to the floor A motion to amend Sec. 2-6-405 of Pro. Ord. 3 made by Councilmember Friend to include Chief of Fire Department in Bi-Annual Reports Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, DiBrango – 8 Nays: Colosimo-Testa - 1 Amended Councilmember Betrus Qualified his Vote A motion by Councilmember Friend to move Pro. Ord. 3 Ayes: Aiello, Burmaster, Friend, Meola, Ervin, DiBrango – 6 Nays: Betrus, Williamson, Colosimo-Testa – 3 Adopted as Ordinance #51 of 2022 Motion to adjourn made by All President Galime Adjourned: 8:01 P.M. Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Main Street Grant for Midtown Utica Community Center WHEREAS, the Midtown Utica Community Center, Inc. (MUCC) is applying for New York State Homes & Community Renewal – New York Main Street funding through the 2022 Consolidated Funding Application (CFA); and WHEREAS, The New York Main Street (NYMS) Program was created to provide resources to assist New York’s communities with Main Street and downtown revitalization efforts; and WHEREAS, The Midtown Utica Community Center Project is focused on community and economic development opportunities in a key district to leverage additional funds to sustain and accelerate neighborhood revitalization efforts; and WHEREAS, the project is located in an eligible community or economic development target area that has experienced sustained physical deterioration and disinvestment with a significant number of vacant residential or commercial units; and WHEREAS, the Midtown Utica Community Center Project is requesting up to $500,000 in funding from NYMS with the required $125,000 match being provided by private funds; and WHEREAS, a formal resolution supporting the Midtown Utica Community Center’s 2022 CFA is required for the proposed NYMS program. RESOLVED, that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the Midtown Utica Community Center, Inc. under the 2022 Consolidated Funding Application. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 2 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmember Burmaster Public Hearing for 1226 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1226 Whitesboro Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase a portion of 1226 Whitesboro Street has been received by the Utica Urban Renewal Agency from Eddy C. Soriano; and WHEREAS, the developer plans to create additional parking for his adjacent property; and WHEREAS, the purchase price for this property is $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: That the Utica Common Council will conduct a public hearing on Wednesday, August 3, 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of a portion of 1226 Whitesboro Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 3 Submitted to council on: 06 / 24 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 24 / 22 Thursday Rule Waiver Required? N Date of Legislation: 07 / 06 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Eddy C. Soriano as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of a portion of 1226 Whitesboro Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 1226 Whitesboro 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 Eddy C. Soriano; and the developer proposes to purchase a portion of 1226 Whitesboro Street to create additional parking for his 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, August 3, 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. 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 FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT 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 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 July 6, 2022 Sponsored by: Councilmember Burmaster Public Hearing for 1226 Whitesboro Street #2 WHEREAS, The Utica Urban Renewal Agency is the owner of 1226 Whitesboro Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase a portion of 1226 Whitesboro Street has been received by the Utica Urban Renewal Agency from George Waters; and WHEREAS, The developer plans to create additional parking for his adjacent property; and WHEREAS, The purchase price for this property is $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, August 3, 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of a portion of 1226 Whitesboro Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 06 / 24 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 24 / 22 Thursday Rule Waiver Required? N Date of Legislation: 07 / 06 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of George Waters as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of a portion of 1226 Whitesboro Street; and WHEREAS, The Utica Urban Renewal Agency has acquired 1226 Whitesboro 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 George Waters; and the developer proposes to purchase a portion of 1226 Whitesboro Street to create additional parking for his 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, August 3, 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. 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 FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT 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 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: 4 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmember Burmaster Public Hearing for 101 Matthews Ave. WHEREAS, The Utica Urban Renewal Agency is the owner of 101 Mathews Avvenue; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 101 Mathews Avenue has been received by the Utica Urban Renewal Agency from Vincent Holdings, LLC (Vincent Ficchi); and WHEREAS, the developer plans to fence, landscape and pave to create additional parking for his property; and WHEREAS, the purchase price for this property is $5,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, August 3, 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 101 Mathews Avenue and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 7 Submitted to council on: 06 / 24 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 24 / 22 Thursday Rule Waiver Required? N Date of Legislation: 07 / 06 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Vincent Holdings, LLC (Vincent Ficchi) as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 101 Mathews Avenue; and WHEREAS, The Utica Urban Renewal Agency has acquired 101 Mathews Avenue; 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 Vincent Holdings, LLC (Vincent Ficchi); and the developer proposes to purchase 101 Mathews Avenue to fence, landscape and pave to create additional parking for his property; and the purchase will require the payment of $5,000.00; 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, August 3, 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. 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 FURTHER BE IT ORDAINED: That the purchase price for the above said property is $5,000.00; and FURTHER BE IT 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 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: 5 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmember Ervin Public Hearing for 1102 & 1104 Howard Ave. WHEREAS, The Utica Urban Renewal Agency is the owner of 1102 & 1104 Howard Avenue; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 1102 & 1104 Howard Avenue has been received by the Utica Urban Renewal Agency from David Giglio; and WHEREAS, the developer plans to pave and create additional parking for his properties; and WHEREAS, the purchase price for this property is $1,500.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, The Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, August 3, 2022 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1102 & 1104 Howard Avenue and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 9 Submitted to council on: 06 / 24 / 22 Proposed Resolution No. Sent to Council Attorney on: 06 / 24 / 22 Thursday Rule Waiver Required? N Date of Legislation: 07 / 06 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of David Giglio as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1102 & 1104 Howard Avenue; and WHEREAS, The Utica Urban Renewal Agency has acquired 1102 & 1104 Howard Avenue; 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 David Giglio; and the developer proposes to purchase 1102 & 1104 Howard Avenue to pave and create additional parking for his properties and the purchase will require the payment of $1,500.00; 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, August 3, 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. 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 FURTHER BE IT ORDAINED: That the purchase price for the above said property is $1,500.00; and FURTHER BE IT 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 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, UPD Resolution: 6 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION AUTHORIZING INSTALLMENT PURCHASE AGREEMENT FOR THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT, SOFTWARE AND DIGITAL STORAGE SERVICES FOR THE BUREAU OF POLICE WHEREAS, the City of Utica proposes to purchase various items of equipment, software and digital storage services for the Bureau of Police, and; WHEREAS, pursuant to General Municipal Law §103 Subdivision (16), the department has determined that the best proposal is from Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona and; WHEREAS, it is proposed that funds be made available through authorization of an Installment Purchase Agreement pursuant to §109-b of the General Municipal Law. RESOLVED, the Common Council has reviewed the Evaluation of Financing Alternatives prepared by the City of Utica, a copy of which is attached hereto and incorporated herein. For the reasons stated therein, the Common Council determines that it is in the best interests of the City to finance this purchase through an Installment Purchase Contract under §109-b of the General Municipal Law. FURTHER RESOLVED, that the Mayor and the Chief of the Bureau of Police are hereby authorized to enter into an Installment Purchase Contract with Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255 for the purchase of various items of equipment, software and digital storage services as more fully described in the quotes which are on file in the City Clerk’s office, at a purchase price of not more than $5,157,334.53 upon substantially the terms and conditions set forth in their quote. FURTHER RESOLVED, such Installment Purchase Contract shall be subject to the following: 1. The Installment Service Contract shall recite that it is subject to the provisions of §109-b of the General Municipal Law. 2. Such contract shall contain the following clause: “This contract shall be deemed executory only to the extent of monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the political subdivision beyond the amount of such monies. The installment purchase contract is not a general obligation of the City of Utica. Neither the full faith and credit nor the taxing power of the City of Utica are pledged to the payment of any amount due or to become due under such installment purchase contract. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation  to appropriate or make monies available for the purpose of the contract.” 3. In the case of failure to appropriate, the sole security, apart from any security provided by a credit enhancement, for any remaining periodic payments shall be the equipment, machinery or apparatus subject to the Installment Purchase Contract. FURTHER RESOLVED, the execution of the Installment Purchase Contract authorized herein will not cause the City of Utica to exceed the limits prescribed by paragraph ( c), subdivision 6 of Section 109-b of the General Municipal Law. FURTHER RESOLVED, the appropriate City officials are hereby authorized to execute any documents necessary to complete the transaction authorized above. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 7 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Historic Preservation Grant for Tabernacle Baptist Church WHEREAS, the Tabernacle Baptist Church of Utica is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under Title 9 of the Environmental Protection Act of 1993 for a historic preservation project to be located at 13 Clark Place, Utica, NY, a site located within the territorial jurisdiction of this Council, and requesting funding up to $500,000; WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located". RESOLVED, by this Common Council of the City of Utica hereby does approve and endorse the application of Tabernacle Baptist Church for a grant under Title 9 of the Environmental Protection Act of 1993 for a historic preservation project known as “Phase 3 Masonry, Roof Water Runoff, Roofing” and located within this community. 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 7th day of July, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 8 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmember Aiello RESOLUTION APPROVING AND ENDORSING MUNSON-WILLIAMS-PROCTOR ARTS INSTITUTE (MUNSON-WILLIAMS) IN ITS APPLICATION TO NYS HOMES AND COMMUNITY RENEWAL FOR FUNDING UNDER THE NEW YORK MAIN STREET PROGRAM. WHEREAS, Munson-Williams-Proctor Arts Institute (Munson-Williams) desires to apply for $405,000 in financial assistance through the 2022 Consolidated Funding Application (CFA) under the New York Main Street program and WHEREAS, the application proposes funding to assist property owner Munson-Williams to complete stabilization of the architecturally significant downtown Utica building located at 503 Henry Street for eventual use as Artist-in-Residence gallery, housing and public-access studio space by the Munson- Williams’ School of Art; and WHEREAS, the proposed funding will contribute to ongoing community revitalization efforts; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; RESOLVED, that the Common Council of Utica, NY approves and endorses the 2022 New York Main Street grant application for assistance prepared and to be submitted by Munson-Williams-Proctor Arts Institute. 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 7th day of July, 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 June 15th 2022. Adopted by the Common Council by a vote of Yeas - 9 and Nays - 0, on July 6th 2022, Became a Local Law with the approval of the Mayor on ________________________, after a public hearing on ____________________. 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 Certify To: Budget, Comptroller, Codes, UFD Ordinance: 51 City of Utica Department of Legislation In Common Council July 6, 2022 Sponsored by: Councilmember Friend ARTICLE XIII VACANT BUILDING REGISTRY ORDINANCE ESTABLISHING VACANT BUILDING REGISTRY ORDAINED, that Chapter 2-6 of the Utica Code of Ordinance shall be amended by adding Article XI, entitled “VACANT BUILDING REGISTRY”, to read as follows Section 2-6-400 Legislative findings and purpose It is the finding of the Common Council that vacant buildings, by nature of their vacancy, impose disproportionate costs on the neighborhoods in which they are located and on the City of Utica at large. The purpose of this article is to provide City personnel with the knowledge they need to mitigate these costs and incentivize the owners of vacant buildings to rehabilitate and return them to occupancy. Section 2-6-401 Definitions Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Chief Building Officer The person so designated by the Mayor, who is generally the Commissioner of Codes, or, in the absence of such Commissioner, the Chief Building Inspector for the City of Utica. Enforcement Officer A duly authorized representative of the Department of Codes Department. Owner Those shown to be the owner or owners on the records of the City of Utica Department of Assessment, those identified as the owner or owners on a vacant building registration form, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lease, or other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this article. Vacant Building Any building in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. For purposes of this law, buildings temporary unoccupied due to the temporary absence of the lawful owner shall NOT be considered vacant. Neither shall buildings used as guest houses (whether freely given or paid for) and thereby sometime occupied and sometimes not, be considered Vacant. Section 2-6-402 Vacant Building Registration A. An owner of a vacant building shall register such building with the Codes Department immediately and renew said registration annually thereafter until the building is no longer vacant. B. The registration shall be submitted on forms provided by the Codes Department and shall include the following information supplied by an owner: 1. The property addresses; 2. The Tax Map identification (section, block and lot) number associated with the parcel improved by the building or structure; 3. The names, address, e-mail addresses, and telephone numbers of all owners; 4. The name, address, e-mail address and telephone number of a person who resides in Oneida County or an adjoining county and who has the authority to act on the owner’s behalf regarding the property in the event of an emergency; 5. The names and addresses of all known lienholders and all other parties with an ownership interest in the building and a statement indicating whether the property is the subject of any mortgage or tax foreclosure; 6. A statement as to whether the owner intends or owners intend to rehabilitate and reoccupy the building or, if not, a statement as to how the owner intends or owners intend to dispose of the property; 7. If the owner is a corporate entity, including, but not limited to, a corporation, limited liability corporation, professional limited liability company, or limited liability partnership, the name, address, e-mail, and telephone number of an agent responsible for maintenance of the property, at least one active officer, partner and/or member of such entity, the registered address for the entity, and the state on which the entity is registered; and 8. Proof of property insurance. This requirement may be waived by the Chief Building Official upon a showing by the applicant that such insurance is not available for the subject property. C. As a condition of registration, all applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. D. A new owner shall register or reregister a vacant building with the enforcement officer within 30 days of any transfer of an ownership interest in a vacant building. E. Vacant building registration fees. 1. The owner of a vacant building shall pay an annual fee as set forth in Subsection E (2) of this section for the period the building remains a vacant building. 2. Fee schedule a. For residential buildings of one to three units: 1. For the first year, $250.00 2. For the second year, $500.00 3. For the third year, $750.00  4. For each subsequent year $1,000.00 b. For residential buildings of four to six units, and mixed commercial and residential buildings of two or three residential units: 1. For the first year, $500.00 2. For the second year, $1,000.00 3. For the third year, $1,500.00 4. For each subsequent year, $2,000.00 c. For residential buildings of seven or greater units, and mixed commercial and residential buildings of four or greater units: 1. For the first year, $1,000.00 2. For the second year, $2,000.00 3. For the third year, $3,000.00 4. For each subsequent year, $4,000.00 d. For nonresidential buildings, the greater of: 1. For the first year, $1,000.00 or $0.05 per square foot. 2. For the second year, $2,000.00 or $0.10 per square foot. 3. For the third year, $3,000.00 or $0.15 per square foot. 4. For each subsequent year, $4,000.00 or $0.20 per square foot. 5. The vacant building shall be registered prior to the issuance of a building permits, with the exception of a demolition permit. e. The vacant building registration fee shall be applied by the Chief Building Official toward the cost of any building permit fees otherwise owed for work proposed at the building for which the vacant building registration fee was paid. f. The enforcement officer shall document any property-specific engineering reports, written statements from community organizations, other interested parties or community residents regarding the condition, history, problems, status, or building influence of a vacant building. g. The Chief Building Official may reduce vacant building fees by up to 50% under the following circumstances: 1. For a specific property, if said property has not been the subject of any enforcement action by any enforcing entity during the shorter of the previous year or the period of the current owner’s ownership of the vacant building: or 2. The Chief Building Official determines that, in the interest of improving compliance with this article, the Chief Building Official may offer a fee reduction for all registrants for a period of up to 60 days, provided that a notification to the Common Council is provided by the Chief Building  Official or their designee and a reasonable attempt is made to notify would-be registrants of the fee reduction and that no fee reduction offer made pursuant to this subsection has been extended in the previous 30 months; or 3. The Chief Building Official may offer a reduction in fees to all vacant building registrants for a period of up to 180 days after the date upon which this article became effective, provided that no such reduced fee period extends past January 1, 2023. h. A one-to three-unit residential vacant building where no code violations exist and which is unoccupied for less than 90 days is exempt from registration under either of the following circumstances; 1. Where the vacant building is the primary residence of, and owned by, a natural person; or 2. Where the vacant building is owned by a natural person and where a registered New York State licensed real estate agent has been retained to actively market the building. Section 2-6-403 Registration fee exemptions The Chief Building Official may grant an exemption from a vacant building registration fee pursuant to Section 303 for a given building upon an application made by the registrant on a form approved by the chief building official in the following instances: A: Where the vacant building has no code violations as to the exterior of the building or property, or interior code violations relating to plumbing or electrical systems that may have an adverse effect upon any other person, entity or property, or interior code violations relating to the structural stability of the building as verified by the chief building official or their designee or in a written, stamped letter from a licensed architect or engineer. The chief building official may grant an exemption under this subsection if code violations discovered during the registration process are remedied within 60 days of said violations having been reported to the registrant. Code violations discovered at the registered building in the year after a fee exemption under this subsection is granted with respect to the registered building will constitute a revocation of said exemption retroactive to the date the building became vacant. An application for an exemption under this subsection shall have an application fee of $75, which shall be credited toward any applicable vacant building registration fee. B: Where the vacant building is vacant due to fire damage or damage caused by an extreme weather event for the first 180 days of vacancy where the owner or their designee applies for permits necessary for rehabilitation or demolition of the structure. Such fee shall be stayed for a period up to one year during which time work performed under the authorization of the permit is in progress. C: Where the vacant building has been purchased by a new owner, if a vacant building registration form is submitted within 180 days of purchase and permits have been applied for to undergo rehabilitation work to the vacant building which is necessary to the building becoming occupied or to demolish the vacant building. This exemption shall continue for so long as the permitted work continues at the building but in no case for longer than two years from the date a permit for said work was issued, at which point liability for the fee will be deemed to run from the end of one year from the date of issuance of the permit. If work ceases at the building as evidenced by a failure to request and pass inspections pursuant to the aforementioned permits and/or a failure to proceed with work for a period of more than 180 days, the chief building official may revoke this exemption retroactive to the date the building became vacant. D. Where the vacant building is owned by corporate registrants organized pursuant to and/or subject to § 1408, 1411, or 1600 et seq., of New York Not-for-Profit Corporation Law or other lawful not-for-profit corporations entitled to a federal tax exemption pursuant to 26 U.S.C. § 501(c)(3) chartered exclusively for the purpose of providing housing to low-income individuals and/or rehabilitating and returning vacant buildings to productive use. Section 2-6-404 Power to repair or abate violations  Where an owner or responsible party fails to maintain a vacant building or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the chief building official may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Utica City Code §§ 2-6-100, New York State Property Maintenance Code § 108.2, or any other equivalent law or ordinance. Section 2-6-405 Bi-annual reports The Chief Building Official shall submit a quarterly report not later than January 15 and July 15 of each year to the Mayor, Chief of Fire Department and Common Council containing not less than the following information: 1. The number of buildings in the City declared vacant in each category set forth in §xxx under the provisions of this article; and 2. The number of vacant building registrations filed or annually renewed with the Codes Department within each category. ORDAINED, that this Ordinance shall take effect immediately. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, DiBrango – 6 Nays: Betrus, Williamson, Colosimo-Testa - 3 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 7th day of July, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk