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Common Council Meeting Minutes

Regular Meeting

Utica, NY · October 5, 2022

Minutes

Minutes

To view the legislation City of Utica referenced in the below minutes, Common Council – Regular Meeting please click the October 5th, 2022 highlighted link. A full list of legislation can be found following the The meeting is called to order at 7:01 P.M. minutes. To search for a specific word or Melissa Sciortino, City Clerk; phrase, click the F Andrew Castilla, Deputy City Clerk key while holding Michael Galime, Common Council President down the control key. Type the desired Present: Katie Aiello, 1st District Councilmember; word or phrase into Robert Burmaster, 2nd District Councilmember; the text box. To view Celeste Friend, 3rd District Councilmember; the full recorded Frank Meola, 4th District Councilmember; Common Council Venice Ervin; 5th District Councilmember; Meeting, please visit Joseph Betrus, Jr., 6th District Councilmember; the City of Utica Mark Williamson, Councilmember at Large; Youtube page. 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 Scott Ingersoll, Fire Chief A motion to waive the minutes from the previous meeting made by Councilmember Meola The motion is seconded by Councilmember Williamson None opposed: Minutes waived A motion to waive the Rules of Order made by Councilmember Colosimo-Testa The motion is seconded by Councilmember Friend None opposed: Rules of Order waived PRO. RES. 16 – RESOLUTION IN SUPPORT OF WORKERS AND CSEA LOCAL 1000 AT THE UTICA ZOO Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion by Councilmember Meola to pull PRO. RES. 1 – A PROCLAMATION IN APPRECIATION TO THE EAST UTICA CLASSIC from Committee of the Whole Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted Three speakers signed up for public comment period PRO. RES 1 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 932-934 SCHUYLER STREET A motion by Councilmember Burmaster to move Pro. Res. 1 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 2 – SALE OF 932-934 SCHUYLER STREET A motion by Councilmember Meola to place Pro. Ord. 2 in Committee of the Whole Motion seconded by Councilmember DiBrango Placed in Committee of the Whole PRO. RES 3 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1005 & 1009 PARK AVE. A motion by Councilmember Aiello to move Pro. Res. 3 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 4 – SALE OF 1005 & 1009 PARK AVE. A motion by Councilmember Meola to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Williamson Placed in Committee of the Whole PRO. RES 5 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1201 SEYMOUR AVE. A motion by Councilmember Ervin to move Pro. Res. 5 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 6 – SALE OF 1201 SEYMOUR AVE. A motion by Councilmember Meola to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Burmaster Placed in Committee of the Whole PRO. RES 7 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1525 WEST STREET A motion by Councilmember Ervin to move Pro. Res. 7 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 8 – SALE OF 1525 WEST STREET A motion by Councilmember Meola to place Pro. Ord. 8 in Committee of the Whole Motion seconded by Councilmember Colosimo-Testa Placed in Committee of the Whole PRO. RES 9 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1112 STARK STREET A motion by Councilmember Burmaster to move Pro. Res. 9 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 10 – SALE OF 1112 STARK STREET A motion by Councilmember Meola to place Pro. Ord. 10 in Committee of the Whole Motion seconded by Councilmember Friend Placed in Committee of the Whole PRO. RES 11 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 623 SOUTH STREET A motion by Councilmember Aiello to move Pro. Res. 11 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 12 – SALE OF 623 SOUTH STREET A motion by Councilmember Meola to place Pro. Ord. 12 in Committee of the Whole Motion seconded by Councilmember DiBrango Placed in Committee of the Whole A motion by Councilmember Friend to waive the Thursday Rule for all pieces None opposed Thursday Rule waived PRO. ORD. 13 – AN ORDINANCE RECINDING SECTION 2-14-341 (f) OF THE UTICA CITY CODE OF ORDINANCES A motion by Councilmember Meola to amend Pro. Ord. 13 to include the title of the Chapter, Article and Section in the Legislation Motion seconded by Councilmember Williamson Amended A motion by Councilmember Meola to move Pro. Ord. 13 Motion seconded by Councilmember DiBrango Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #90 of 2022 PRO. ORD. 14 – AN ORDINANCE AUTHORIZING THE CITY COMPTROLLER TO MAKE A TRANSFER OF FUNDS A motion by Councilmember Colosimo-Testa to move Pro. Ord. 14 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #91 of 2022 PRO. ORD. 15 – HANDICAP PARKING SIGN REQUIRED A motion by Councilmember Burmaster to move Pro. Ord. 15 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #92 of 2022 INTRODUCTORY LOCAL LAW #5 OF 2022. A LOCAL LAW ADDING A NEW PARAGRAPH (45) TO SECTION 3.007 OF THE UTICA CITY CHARTER THAT MEMBERS OF THE COMMON COUNCIL SHALL BE ALLOWED TO SPEAK AT ANY MEETING OF THE PLANNING BOARD AND THE SCENIC AND HISTORIC COMMISSION A motion by Councilmember Friend to introduce Introductory Local Law #5 Motion seconded by Councilmember Aiello None opposed The Council acknowledges that Introductory Local Law #5 was read in its current form A motion by Councilmember Friend to amend Introductory Local Law #5 to correct a typographical error Motion seconded by Councilmember Meola None opposed “pf” changed to “of” A motion by Councilmember Friend to TABLE Introductory Local Law #5 Motion seconded by Councilmember Meola None opposed Introductory Local Law #5 was read in its FINAL FORM TABLED A motion to adjourn made by Councilmember Colosimo-Testa Seconded by Councilmember Friend President Galime Adjourned: 7:41 P.M. Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Resolution in Support of Workers and CSEA Local 1000 at The Utica Zoo Whereas The Utica Zoo is an essential part of Utica’s cultural and educational landscape, and has made children and families happy and been a source of local pride for over a century, and Whereas the success of the Zoo relies on the work of its many employees, including Zookeepers, Educators, Gift Shop Staff, Building & Grounds staff, and Veterinary Technicians, and Whereas achieving healthy and safe work environments and strong living wages and benefits will strengthen our community and grow our City as we all do our part to help it reach its great potential, and Whereas unions are the best means by which to safeguard the interests of workers in all sectors across Utica’s economy, and Whereas the Utica Zoo resides in Roscoe Conkling Park, leasing 80 acres from the City of Utica’s extensive Parks and Parkway System, and the City will continue to be invested in the success of the Zoo for generations to come, therefore Resolved that the Common Council of the City of Utica, standing in solidarity with Utica Zoo workers, does hereby encourage the Administration of The Utica Zoo to voluntarily recognize CSEA Local 1000 as the union that will represent these Utica Zoo workers as they seek fair pay and safe working conditions. 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango A Proclamation In Appreciation to the East Utica Classic WHEREAS, the annual East Utica Classic Charity Golf Tournament was started in 2011 by residents of East Utica, NY. AND WHEREAS, the tournament has grown every year since and has allowed for the committee to donate thousands of dollars to local families in need specifically to children who need the communities support, AND WHEREAS, the speed in which this event has grown and the way the area has embraced their goal of giving back to the community has really been awe-inspiring. AND WHEREAS, the tournament itself has quickly become a “can’t miss” annual event for one reason only. Not because of the great food and drinks. Not because of the golf or the great atmosphere. It isn’t any of those things, although they are all present and accounted for every year. It’s because the event embodies all the best of East Utica. East Utica and Utica's generosity in general is there. AND WHEREAS, the respect and loyalty to Utica's community permeates throughout. The spirit of Utica comes alive the minute you arrive at the event and throughout the year. RESOLVED, that the City of Utica recognize the efforts of the committee and the donations from everyone to the event. FURTHER RESOLVED, that the first Sunday in August in the City of Utica be known, as the East Utica Classic Day and where we acknowledge them and thank them for their efforts, because their commitment is life changing to families in need. 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 3 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmember Burmaster Calling for a Public Hearing on the Sale of 932-934 Schuyler Street WHEREAS, The Utica Urban Renewal Agency is the owner of 932-934 Schuyler 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 932-934 Schuyler Street has been received by the Utica Urban Renewal Agency from Edgar Avila; and WHEREAS, the developer plans to fence and pave to create additional parking for his property; and WHEREAS, the purchase price for this property is $750.00; 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, October 19, 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 932-934 Schuyler 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 2 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Edgar Avila as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 932-934 Schuyler Street WHEREAS, The Utica Urban Renewal Agency has acquired 932-934 Schuyler 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 Edgar Avila; and the developer proposes to purchase 932-934 Schuyler Street to fence and pave 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, October 19, 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 $750.00; 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 October 05, 2022 Sponsored by: Councilmember Aiello Calling for a Public Hearing on the Sale of 1005 & 1009 Park Ave WHEREAS, The Utica Urban Renewal Agency is the owner of 1005 & 1009 Park 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 1005 & 1009 Park Avenue has been received by the Utica Urban Renewal Agency from Raymond Risucci; and WHEREAS, the developer plans to continue using as parking for his adjacent property; and WHEREAS, the purchase price for this property is $2,098.54; 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, October 19, 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 1005 & 1009 Park Avenue 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 4 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello Ordinance approving the designation of Raymond Risucci as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1005 & 1009 Park Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 1005 & 1009 Park 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 Raymond Risucci; and the developer proposes to purchase 1005 & 1009 Park Avenue to continue using as parking for his adjacent property; and the purchase will require the payment of $2,098.54; 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, October 19, 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 $2,098.54.00; 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 October 05, 2022 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 1201 Seymour Ave WHEREAS, The Utica Urban Renewal Agency is the owner of 1201 Seymour 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 1201 Seymour Avenue has been received by the Utica Urban Renewal Agency from Carlos Morquecho; and WHEREAS, the developer plans to fence 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, October 19, 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 1201 Seymour 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 6 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Carlos Morquecho as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1201 Seymour Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 1201 Seymour 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 Carlos Morquecho; and the developer proposes to purchase 1201 Seymour Avenue to fence 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, October 19, 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: 6 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 1525 West Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1525 West 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 1525 West Street has been received by the Utica Urban Renewal Agency from Jamie Quito; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $20,000.00; 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, October 19, 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 1525 West Street 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 8 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Jamie Quito as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1525 West Street WHEREAS, The Utica Urban Renewal Agency has acquired 1525 West Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Jamie Quito; and the developer proposes to purchase 1525 West Street to renovate for primary residence; and the purchase will require the payment of $20,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, October 19, 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 $20,000.00; 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: 7 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmember Burmaster Calling for a Public Hearing on the Sale of 1112 Stark Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1112 Stark 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 1112 Stark Street has been received by the Utica Urban Renewal Agency from Piedad Inoa; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $31,000.00; 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, October 19, 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 1112 Stark 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 10 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Piedad Inoa as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1112 Stark Street WHEREAS, The Utica Urban Renewal Agency has acquired 1112 Stark 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 Piedad Inoa; and the developer proposes to purchase 1112 Stark Street to renovate for primary residence; and the purchase will require the payment of $31,000.00; 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, October 19, 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 $31,000.00; 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: 8 City of Utica Department of Legislation In Common Council October 05, 2022 Sponsored by: Councilmember Aiello Calling for a Public Hearing on the Sale of 623 South Street WHEREAS, The Utica Urban Renewal Agency is the owner of 623 South 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 623 South Street has been received by the Utica Urban Renewal Agency from Senad Zukic; and WHEREAS, the developer plans to renovate for primary residence for his daughters; and WHEREAS, the purchase price for this property is $57,000.00; 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, October 19, 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 623 South 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 6th day of October, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 12 Submitted to council on: 09 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello Ordinance approving the designation of Senad Zukic as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 623 South Street WHEREAS, The Utica Urban Renewal Agency has acquired 623 South 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 Senad Zukic; and the developer proposes to purchase 623 South Street to renovate for primary residence for his daughters; and the purchase will require the payment of $57,000.00; 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, October 19, 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 $57,000.00; 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, Law, Codes Ordinance: 90 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson October 05, 2022 AN ORDINANCE RECINDING SECTION 2-14-341(f) OF THE UTICA CITY CODE OF ORDINANCES ORDAINED, that Chapter 2-14 Licenses, Permits and Miscellaneous Business Regulations Article XIV Neighborhood Retail Certificate of Use Section 341 Issuance of Certificates of Use and Conditional Certificates of Use Subdivision (f) be hereby RESCINDED and ANNULLED. (f) Certificates shall be issued or denied within 90 days after an application is completed. Nothing herein shall require the Director of Code Enforcement to issue or deny a certificate of use within such period, if the necessary reviews and approvals by the City officials in Sections 2-14-340 and 2-14- 341 have not been completed. 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 6th day of October, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 91 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson October 05, 2022 2022-2023 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account Name Amount From: A3.89930 Restricted Fund Balance - Flood Mitigation $ 125,000.00 To: A57130-411 Infrastructure - Contractual Stormwater $ 125,000.00 Explanation for Transfer: To account for un-expected stormwater expenses A3.89930 Original Budget: $ 250,000.00 Revised Budget with Transfer $ 125,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ 250,000.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A57130-411 Original Budget: $ 250,000.00 Revised Budget with Transfer $ 375,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 271,848.07 Balance before Transfer: $ (21,848.07) Percent Used (Original Budget): 118.51% Percent Used (Revised Budget): 72.49% 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 6th day of October, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law, UPD, Sign Shop Ordinance: 92 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson October 05, 2022 HANDICAP PARKING SIGN REQUIRED ORDAINED, that Sec. 2-16-378 Schedule W: Handicapped Parking Locations, of the Utica City Code be amended to include the following: To place (1) one Handicap Parking sign on the Western curb line in front of 1572 Baxter Ave. FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 6th day of October, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 10 / 04 / 22 Proposed Resolution No. Sent to Council Attorney on: 10 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 10 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend, Aiello A LOCAL LAW ADDING A NEW PARAGRAPH (45) TO SECTION 3.007 OF THE UTICA CITY CHARTER THAT MEMBERS OF THE COMMON COUNCIL SHALL BE ALLOWED TO SPEAK AT ANY MEETING OF THE PLANNING BOARD AND THE SCENIC AND HISTORIC COMMISSION INTRODUCTORY LOCAL LAW NO. 5 OF 2022 Presented and read October 5, 2022. Laid on the Table October 5, 2022. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2022. Became a Local Law with the approval of the Mayor on __________, 2022, after a public hearing on __________, 2022. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK SECTION 3.007 (b) is hereby amended to add paragraph (45) which shall read as follows: Section 3.007 (b) (45) (b) (45) Members of the Common Council shall have the right to speak at any meeting of the Planning Board and/or the Scenic and Historic Commission on proposals in their district. The council member shall be allotted time to be determined by the members of the Planning Board and Scenic and Historic Commission. The councilmember speaking does not represent the views of the Common Council, nor will the councilmember attempt to engage in debate with the members of the Planning Board or Scenic and Historic Commission. Nothing herein shall be implied or affect the responsibility of the Planning Board and Scenic and Historic Commission and its powers to solely determine the matter before then in the manner provided by law. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime

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