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Common Council Meeting Minutes

Regular Meeting

Utica, NY · August 16, 2023

Minutes

Minutes

To view the legislation referenced in the below minutes, please click the City of Utica highlighted link. A full list Common Council – Regular Meeting of legislation can be found August 16th, 2023 following the minutes. To search for a specific word or phrase, click the F key The meeting is called to order at 7:37 P.M. while holding down the Melissa Sciortino, City Clerk; control key. Type the Andrew Castilla, Deputy City Clerk desired word or phrase into Michael Galime, Common Council President the text box. To view the full recorded Common Present: Katie Aiello, 1st District Councilmember; Council Meeting, please Robert Burmaster, 2nd District Councilmember; visit the City of Utica Celeste Friend, 3rd District Councilmember; YouTube page 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; Ed Noonan, Deputy Chief, UPD; John Orilio, Corporation Counsel A motion to waive the reading of the minutes from the previous two meetings made by Councilmember Friend The motion is seconded by Councilmember DiBrango None opposed: Minutes accepted and reading waived 1 Speaker signed up for Public Comment Period A motion to pull PRO. ORD. 2 – SALE OF 935-937 SCHUYLER STREET from Committee of the Whole made by Councilmember Williamson Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #145 of 2023 A motion to pull PRO. ORD. 14 – SALE OF 1243 & 1245 LINCOLN AVENUE from Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #146 of 2023 PRO. ORD. 1 – E & A TRANSFER A motion by Councilmember Meola to move Pro. Ord. 1 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #147 of 2023 PRO. RES. 2 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 904 KNOX STREET A motion by Councilmember Burmaster to move Pro. Res. 2 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 3 – SALE OF 904 KNOX STREET A motion by Councilmember Meola to place Pro. Ord. 3 in Committee of the Whole Motion seconded by Councilmember DiBrango None Opposed Placed in Committee of the Whole PRO. RES. 4 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1201 HOWARD AVE. AND 302 EAGLE STREET A motion by Councilmember Ervin to move Pro. Res. 4 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 5 – SALE OF 1201 HOWARD AVE. AND 302 EAGLE STREET A motion by Councilmember Friend to place Pro. Ord. 5 in Committee of the Whole Motion seconded by Councilmember Meola None Opposed Placed in Committee of the Whole PRO. RES. 6 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1310 NOYES STREET A motion by Councilmember Burmaster to move Pro. Res. 6 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 7 – SALE OF 1310 NOYES STREET 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 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Williamson to move Pro. Res. 8 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 9 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Friend to move Pro. Res. 9 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. RES. 10 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 307 LEAH STREET A motion by Councilmember Ervin to move Pro. Res. 10 Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 11 – SALE OF 307 LEAH STREET A motion by Councilmember Ervin to place Pro. Ord. 11 in Committee of the Whole Motion seconded by Councilmember Meola None Opposed Placed in Committee of the Whole PRO. RES. 12 – RESOLUTION RENEWING THE INTERMUNICIPAL AGREEMENT FOR POLICE SERVICES A motion by Councilmember Friend to amend Pro. Res. 12 to include “Oneida County” in the title and second to last paragraph Motion seconded by Councilmember Williamson None Opposed A motion by Councilmember Williamson to move Pro. Res. 12 as amended Motion seconded by Councilmember Meola Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 13 – ADDING ARTICLE V ENTITLED “DOG PARKS” TO CHAPTER 2-5 OF THE UTICA CODE OF ORDINANCES A motion by Councilmember Meola to place Pro. Ord. 13 in Committee of the Whole Motion seconded by Councilmember Friend None Opposed Placed in Committee of the Whole PRO. ORD. 14 – SALE OF PROPERTRY A motion by Councilmember Betrus 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 #148 of 2023 A motion by Councilmember Friend to discharge Pro. Ord. 5 from Committee of the Whole Motion seconded by Councilmember Meola None Opposed Discharged from Committee of the Whole A motion by Councilmember Betrus to introduce and move PRO. ORD. 16 – 4 WAY STOP Motion seconded by Councilmember Williamson None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #149 of 2023 A motion to pull PRO. ORD. 6 – INTERSECTIONS WHERE STOP REQUIRED from Committee of the Whole made by Councilmember Meola Motion seconded by Councilmember Friend None Opposed Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #150 of 2023 A motion to adjourn made by Councilmember Meola A motion by Councilmember Colosimo-Testa to introduce PRO. RES. 15 – CENSURE OF 1ST WARD COUNCILPERSON KATIE AIELLO Motion seconded by Councilmember Williamson A motion by Councilmember Williamson to waive the Thursday Rule Motion seconded by Councilmember Colosimo-Testa Ayes: Betrus, Williamson, Colosimo-Testa, DiBrango – 4 Nays: Aiello, Burmaster, Friend, Meola, Ervin – 5 Defeated A motion to adjourn made by Councilmember Meola Motion seconded by Councilmember Williamson President Galime Adjourned: 8:01 P.M. Certify To: Budget, Comptroller, URA Ordinance: 145 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster August 16, 2023 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 935-937 Schuyler Street WHEREAS, The Utica Urban Renewal Agency has acquired 935-937 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 935-937 Schuyler Street to create additional parking; 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, August 16, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $750.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 146 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster August 16, 2023 Ordinance approving the designation of Daniel Nauen as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1243 & 1245 Lincoln Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 1243 & 1245 Lincoln 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 Daniel Nauen; and the developer proposes to purchase 1243 & 1245 Lincoln Avenue to create additional parking for has adjacent property; and the purchase will require the payment of $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 16, 2023 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $500.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 147 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson August 16, 2023 E & A Transfer 2023-2024 Fiscal Year ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A53620-101 Building Codes - Salaries $ 35,000.00 To: A53620-102 Building Codes - Wages $ 35,000.00 Explanation for Transfer: To accommodate for a full-time position moving to part-time A53620-101 Original Budget: $ 334,727.00 Revised Budget with Transfer $ 299,727.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 97,540.86 Balance before Transfer: $ 693,821.57 Percent Used (Original Budget): 29.14% Percent Used (Revised Budget): 32.54% A53620-102 Original Budget: $ - Revised Budget with Transfer $ 35,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ - Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% 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 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 1 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster August 16, 2023 Calling for a Public Hearing on the Sale of 904 Knox Street WHEREAS, The Utica Urban Renewal Agency is the owner of 904 Knox 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 904 Knox Street has been received by the Utica Urban Renewal Agency from Wilmer Boconsaca-Sumb; 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, September 6, 2023 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 904 Knox 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 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 3 Submitted to council on: 07 / 31 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 31 / 23 Thursday Rule Waiver Required? N Date of Legislation: 08 / 16 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Wilmer Boconsaca-Sumb as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 904 Knox Street WHEREAS, The Utica Urban Renewal Agency has acquired 904 Knox 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 Wilmer Boconsaca-Sumb; and the developer proposes to purchase 904 Knox 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, September 6, 2023 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 _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller, URA Resolution: 2 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin August 16, 2023 Calling for a Public Hearing on the Sale of 1201 Howard Ave and 302 Eagle Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1201 Howard Avenue & 302 Eagle 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 1201 Howard Avenue & 302 Eagle Street has been received by the Utica Urban Renewal Agency from Doris M. Prather-Fuller; and WHEREAS, the developer plans to maintain as green space; 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, September 6, 2023 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 Howard Avenue & 302 Eagle 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 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 07 / 31 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 31 / 23 Thursday Rule Waiver Required? N Date of Legislation: 08 / 16 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Doris M. Prather-Fuller as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1201 Howard Avenue & 302 Eagle Street WHEREAS, The Utica Urban Renewal Agency has acquired 1201 Howard Avenue & 302 Eagle 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 Doris M. Prather-Fuller; and the developer proposes to purchase 1201 Howard Avenue & 302 Eagle Street to maintain as green space; 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, September 6, 2023 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 _____/_____/ 2023 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 Sponsored by: Councilmember Burmaster August 16, 2023 Calling for a Public Hearing on the Sale of 1310 Noyes Street WHEREAS, The Utica Urban Renewal Agency is the owner of Carina Ogievich; 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 1310 Noyes Street has been received by the Utica Urban Renewal Agency from Carina Ogievich; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $10,000.00; 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, September 6, 2023 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 1310 Noyes 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 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 7 Submitted to council on: 07 / 31 / 23 Proposed Resolution No. Sent to Council Attorney on: 07 / 31 / 23 Thursday Rule Waiver Required? N Date of Legislation: 08 / 16 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of Carina Ogievich as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1310 Noyes Street WHEREAS, The Utica Urban Renewal Agency has acquired 1310 Noyes 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 Carina Ogievich; and the developer proposes to purchase 1310 Noyes Street to renovate for primary/rental property; and the purchase will require the payment of $10,000.00; 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, September 6, 2023 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 $10,000.00; 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 _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller Resolution: 4 City of Utica Department of Legislation In Common Council August 16, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO AMERICAN LEGION POST #229 WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: American Legion Post #229 Name of Event: Family Fun Day Date of Event: Saturday August 19, 2023 4PM to 10PM Location of Event: Post #229 409 Herkimer Road Utica NY 13502 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 City of Utica Department of Legislation In Common Council August 16, 2023 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango AUTHORIZING SALE OF WINE AND BEER TO ST. ANTHONY & ST. AGNES CHRUCH WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: St. Anthony & St. Agnes Church Name of Event: St. Cosmas and Damian Feast Date of Event: Saturday September 23rd 2023 5PM to 11PM Sunday September 24th 2023 12PM to 3PM Location of Event: St. Anthony & St. Agnes Church 422 Tilden Ave Utica NY 13501 FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 6 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin August 16, 2023 Calling for a Public Hearing on the Sale of 307 Leah Street WHEREAS, The Utica Urban Renewal Agency is the owner of 307 Leah 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 307 Leah Street has been received by the Utica Urban Renewal Agency from GJ Holdings, LLC (Frank Raspante); and WHEREAS, the developer plans to maintain as green space 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, September 6, 2023 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 307 Leah 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 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 11 Submitted to council on: 08 / 10 / 23 Proposed Resolution No. Sent to Council Attorney on: 08 / 10 / 23 Thursday Rule Waiver Required? N Date of Legislation: 08 / 16 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster Ordinance approving the designation of GJ Holdings, LLC (Frank Raspante) as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 307 Leah Street; WHEREAS, The Utica Urban Renewal Agency has acquired 307 Leah 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 GJ Holdings, LLC (Frank Raspante); and the developer proposes to purchase 307 Leah Street to maintain as green space 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, September 6, 2023 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 _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller, Law Resolution: 7 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson August 16, 2023 RESOLUTION RENEWING THE INTERMUNICIPAL AGREEMENT FOR POLICE SERVICES BY AND BETWEEN THE CITY OF UTICA, ONEIDA COUNTY AND THE TOWN OF NEW HARTFORD WHEREAS, the City of Utica and the Town of New Hartford have negotiated an Intermunicipal Agreement as allowed by New York State Law, to permit each of their respective Police Departments to voluntarily enter into and render police services on an as needed basis in the other’s geographic jurisdiction; WHEREAS, the City of Utica and the Town of New Hartford have a joint SWAT Team which engages in SWAT activities in both jurisdictions; WHEREAS, the parties agree that this Intermunicipal Agreement is in the best interest of both the City of Utica and the Town of New Hartford, WHEREAS, such Intermunicipal Agreements are further authorized by General Municipal Law § 119-n (c) and General Municipal Law § 119-o subject to the approval of legislative bodies of both the City of Utica and the Town of New Hartford, WHEREAS, on May 20, 2015 the Common Council for the City of Utica ratified said Intermunicipal Agreement for a term of five years and subsequently renewed this Agreement in 2020; WHEREAS, the City of Utica and Town of New Hartford wishes to renew said Intermunicipal Agreement, RESOLVED, that the Intermunicipal Agreement by and between the City of Utica, Oneida County and the Town of New Hartford, in substantially the same form as attached hereto, is hereby renewed. FURTHER RESOLVED, the Mayor and Police Chief are authorized to execute the Intermunicipal Agreement and any other documents necessary to effectuate this Resolution. 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 17th day of August, 2023 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: URA Proposed Ordinance No. 13 Submitted to council on: 08 / 11 / 23 Proposed Resolution No. Sent to Council Attorney on: 08 / 11 / 23 Thursday Rule Waiver Required? N Date of Legislation: 08 / 16 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola, Williamson Ordinance Adding Article V to Chapter 2-5 of the Utica City Code of Ordinances BE IT ORDAINED, that Chapter 2-5, of the Utica Code of Ordinances shall be amended by adding Article V , entitled “Dog Parks”, to read as follows: ARTICLE V Dog Parks Section 2-5-58 Access; application; hours. a) Entry to, and use of, the dog parks are restricted to City approved applicants, by permit only. All dogs must be properly licensed with the City. b) Entry to the dog park is gained by proper use of a City-issued key fob/magnetic access card. Any permit issued shall not be transferred to another applicant. Permits must be carried at all times while using the park. c) Persons seeking an application to use the dog park can do so by contacting the City Clerk’s Office. d) All permits issued under this article shall expire on March 31. Permits can be renewed in the City Clerk’s Office. Section 2-5-59 Fees a) The annual fee for each dog park permit issued by the City Clerk’s Office are as follows: City Residents Single Dog $35 Multi Dog $60 Senior (60+) w/ Single Dog $30 Senior (60+) w/ Multi Dog $50 3 day pass $10 Non-residents Single Dog $70 Multi Dog $120 Senior (60+) w/ Single Dog $60 Senior (60+) w/ Multi Dog $110 b) Any fees required under this section received by the City Clerk or dog control officer shall be paid to the City Comptroller and shall be used for the expenses for the dog park expenses and maintenance. Section 2-5-60 Dog park hours and capacity. a) April 15 through November 15: 6:00 a.m. to 9:00 p.m. (weather permitting) b) November 15 through April 15: 6:00 a.m. to 7:00 p.m. (weather permitting). c) The City of Utica Parks and Recreation Department reserves the right to close the dog park area for maintenance and repairs. Park may not be maintained during the winter, as such access may be limited. d) Maximum capacity shall not exceed posted signs. Section 2-5-61 Dog park rules and regulations. a) Persons making use of the dog park do so at their own risk of injury to themselves, children and dogs. b) Persons making use of the dog park shall be responsible for damage, injuries and illness caused by their dogs to itself, other dog(s), other persons or self and shall hold the City of Utica harmless for same. c) Persons making use of the dog park must be 18 years of age or older, and dogs must be at least four months old, properly licensed with the state, with proper vaccinations for rabies. Parvo/distemper and bordatella vaccinations are recommended. d) No entry will be permitted without a City permit, dog license tag, and rabies identification tag attached to the dog collar. Permit must be carried at all times while using the dog park. Dogs must wear a collar with identification at all times. e) Allowing unauthorized individuals to utilize a dog park or to give access to unregistered dogs will result in immediate suspension of privileges. Permit holders may not share key fobs with anyone. f) No choke, prong or spike collars, as these can injure dogs during play. g) The permit holder must clean up after their dog(s). Waste disposal bags and trash cans are provided. h) No animals other than dogs may be brought into the dog park. i) Dogs must never be left unattended. The dog owner/permit holder must keep an eye on his or her dog(s) at all times and keep a leash available at all times. j) Dogs must be leashed at all times when not in the dog park. k) Dogs may not be brought into the park if they are less than four months old, sick or unhealthy, have a history of aggressiveness, have been adjudicated as dangerous by a court of law, or are females in heat. l) If aggressive action is observed, the permit holder must leave the park immediately with the aggressive dog. m) Children under 12 years of age must be closely supervised at all times. It is strongly urged that, for their own safety, young children not be brought to the dog park; if they are, the children must be close enough to hold an adult's hand at all times. n) No food, treats, rawhide chews, alcoholic beverages, glass containers, strollers, bicycles, skateboards, roller blades or toys will be allowed in the dog park area. Littering and smoking is prohibited. o) No more than three beings (dogs and/or small children) per handler will be allowed. p) Dog owners must immediately fill any holes their dogs dig. q) Professional dog trainers/behaviorists and dog walkers are not permitted to use the dog park to conduct their business r) Dogs, permit holders and park users creating a disturbance or violating rules must immediately leave the off-leash area if requested by law enforcement personnel, park personnel or their designated agents. s) No large dogs will be allowed in the small-dog area and vice versa. t) All gates must be closed at all times after entering or leaving. u) All dog bites must be reported to the City of Utica Animal Control Department. If a bite occurs, the dog's owner must exchange his or her name and phone number with the other dog owner. Section 2-5-62 Enforcement. Enforcement of the above rules and regulations is under the immediate supervision of the City of Utica Animal Control Officer, Police Department and Codes Department. Violators of dog park rules and regulations will be subject to one or more of the following: a) Removal from the park; and/or b) Suspension of park privileges; and/or c) Revocation of dog park permit; and/or d) A fine of $200 per violation. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. 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 _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller Ordinance: 148 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Betrus August 16, 2023 SALE OF PROPERTY ORDAINED, that pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property, and approved by the Board of Estimate & Apportionment on August 7, 2023: Tax Map # Location Lot Size Purchaser Bid 307.9-2-75.2 0 Utica Road .01 acre Jasmin Solokar $220.45 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 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: Board of E&A Proposed Ordinance No. 5 Submitted to council on: 06 / 21 / 23 Proposed Resolution No. Sent to Council Attorney on: 06 / 21 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 21 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson E & A Transfer 2023-2024 Fiscal Year BE IT ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: AC57522-471 ARPA - Brownfield Remediation $ 900,000 AC54050-471 ARPA - City Covid Healthcare & Protection $ 500,000 AC56326-471 ARPA - Reimbursement for Hiring $ 250,000 AC51265-444 ARPA - Legal/Accounting Fees $ 25,000 AC57144-471 ARPA - Skatepark $ 400,000 To: AC57142-471 ARPA - Proctor Park Dog Park Construction $ 270,000 AC57146-471 ARPA - Proctor Park Pavillion (Includes Parking Lot) $ 300,000 AC57141-471 ARPA - Splash Pad & Water Slides $ 750,000 AC58020-471 ARPA - Citywide Housing Needs Assessment $ 5,700 AC58042-471 ARPA - City Parks - ADA Compliance $ 200,000 AC58510-471 ARPA - Court/Whitesboro Street Traffic Light $ 165,000 AC57123-471 ARPA - Liberty Bell Park $ 125,000 AC57149-471 ARPA - Park Improvements - Various $ 100,000 AC57147-471 ARPA - Hirt Playground $ 79,300 AC57148-471 ARPA - Seymour Park $ 80,000 Reason: To re-allocate ARPA funding. BE IT FURTHER ORDAINED, that AC57145-471 “Harbor Point Soccer Field” was the original title of the account. The title was meant to be “Harbor Point”. The funds allocated were always meant to include the waterfront promenade and was an administrative error in communication between the UED Commissioner and Budget Director 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 _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime Certify To: Budget, Comptroller, Sign Shop Ordinance: 149 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Colosimo-Testa August 16, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to read as follows: Bleecker Street and St. Anthony Street, Four Way Stop at Each Intersection (Added 08/16/2023) 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 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 150 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Meola August 16, 2023 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: Allen Street and Culver Avenue, Southwest Corner of Allen Street Allen Street and Ontario Street, Northeast and Southwest Corners of Allen Street Copperfield Street and Culver Avenue, Southwest Corner of Copperfield Street Copperfield Street and Tilden Avenue, Northeast Corner of Copperfield Street Crouse Street and Culver Avenue, Southwest Corner of Crouse Street Gardner Street and Culver Avenue, Southwest Corner of Gardner Street Gardner Street and Tilden Avenue, Northeast Corner of Gardner Street Girard Street and Culver Avenue, Southwest Corner of Girard Street Girard Street and Tilden Avenue, Northeast Corner of Girard Street Guelich Street and Tilden Avenue, Southeast Corner of Guelich Street Redfield Street and Culver Avenue, Northwest Corner of Redfield Street Rutger Street and Ontario Street, Southeast and Northwest Corners of Rutger Street South Street and Culver Avenue, Southwest Corner of South Street Tilden Avenue and Mummery Street, Southwest Corner of Tilden Avenue Ward Street and Culver Avenue, Northwest Corner of Ward Street (Added 06/21/2023) FURTHER ORDAINED, that the proper signage is already in place. 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 17th day of August, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk

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