Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting April 03, 2024 The meeting is called to order at 7:19 P.M. Andrew Castilla, Deputy City Clerk; Rocco Giruzzi, Common Council President Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Joseph Betar, 3rd District Councilmember & President Pro-Temp; Frank Carcone, 4th District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Ed Noonan, UPD; Stephanie DiGiorgio, Corporation Counsel; Michael Gentile, Chief of Staff; Brian Thomas, Commissioner, UED A motion to waive the reading of the minutes from the previous meeting made by Councilmember Burmaster The motion is seconded by Councilmember Williamson None opposed: Minutes accepted and reading waived 1 Speaker signed up for Public Comment Period 0 Speaker signed up for Public Hearing Public Hearing Held A motion to pull PRO. ORD. 3 – SALE OF 113 ADDINGTON PLACE from Committee of the Whole made by Councilmember Aiello Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #57 of 2024 A motion to pull PRO. ORD. 5 – 318.22-1-33 ANDES AVENUE from Committee of the Whole made by Councilmember Aiello Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #58 of 2024 PRO. RES. 1 – APPROVING CHAPTER 3-2 COMMON COUNCIL RULES OF ORDER A motion by Councilmember Colosimo-Testa to place Pro. Res. 1 in Committee of the Whole Motion seconded by Councilmember Betrus Ayes: Carcone, Betrus, Williamson, Colosimo-Testa – 4 Nays: Aiello, Burmaster, Betar, Ervin, LoMedico – 5 Defeated PRO. ORD. 2 – E & A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 2 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa – 8 Nays: LoMedico – 1 Defeated PRO. ORD. 3 – NO PARKING AT ALL TIMES A motion by Councilmember Colosimo-Testa to place Pro. Ord. 3 in Committee of the Whole Motion seconded by Councilmember Williamson None Opposed Placed in Committee of the Whole PRO. RES. 4 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 318.64-1-7 MULBERRY STREET A motion by Councilmember Aiello to move Pro. Res. 4 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 5 – SALE OF 318.64-1-7 MULBERRY STREET A motion by Councilmember Aiello to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. RES. 6 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 318.74-1-7 LEAH STREET A motion by Councilmember Aiello to move Pro. Res. 6 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 7 – SALE OF 318.74-1-7 LEAH STREET A motion by Councilmember Aiello to place Pro. Ord. 7 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole PRO. RES. 8 – PROCLAMATION FOR JOSEPH OLIVADOTI A motion by Councilmember Colosimo-Testa to move Pro. Res. 8 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 9 – CALLING FOR A PUBLIC HEARING ON ZONING AMENDMENTS A motion by Councilmember Aiello to place Pro. Res. 9 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 10 – ADDING SECTION 2-29-361 TO THE CITY OF UTICA CODE OF ORDINANCES A motion by Councilmember Aiello to place Pro. Ord. 10 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 11 – ORDINANCE AMENDING ZONING CODE USE TABLE FOR MARIJUANA DISPENSARIES/RETAIL A motion by Councilmember Aiello to place Pro. Ord. 11 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 12 – ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL A motion by Councilmember Aiello to place Pro. Ord. 12 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 13 – ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL A motion by Councilmember Aiello to place Pro. Ord. 13 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 14 – RESCIND ORDINANCE #6 OF 2024 ENACTING A MORATORIUM ON MARIJUANA DISPENSARIES IN THE CITY OF UTICA A motion by Councilmember Aiello to place Pro. Ord. 14 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole A motion to pull PRO. ORD. 1 – ORDINANCE REMOVING THE TRAFFIC ISLAND AT EASTWOOD AVE. AND DUNHAM ROAD from Committee of the Whole made by Councilmember Williamson Motion seconded by Councilmember LoMedico Ayes: Burmaster, Betar, Carcone, Betrus, Williamson, Colosimo-Testa, LoMedico – 7 Nays: Aiello, Ervin – 2 Adopted as Ordinance #56 of 2024 A motion to discharge PRO. ORD. 7 – INTERSECTIONS WHERE STOP REQUIRED, PRO. ORD. 8 – YIELD SIGNS, PRO. ORD. 9 – NO PARKING AT ALL TIMES from Committee of the Whole made by Councilmember Williamson Motion seconded by Councilmember LoMedico None Opposed Discharged A motion to discharge BUDGET AMENDMENTS from Committee of the Whole made by Colosimo-Testa Motion seconded by Councilmember Aiello None Opposed Discharged A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember Betrus President Giruzzi Adjourned: 8:02 P.M. Certify To: Budget, Comptroller, URA Ordinance: 57 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin April 03, 2024 Ordinance approving the designation of Vielitza Rodriguez as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 113 Addington Place WHEREAS, The Utica Urban Renewal Agency has acquired 113 Addington Place; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Vielitza Rodriguez; and the developer proposes to purchase 113 Addington Place to renovate for primary residence; and the purchase will require the payment of $18,000.00; 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, April 3, 2024 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 $18,000.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 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 4th day of April, 2024 _________________________________________________________________ Andrew Castilla, Deputy City Clerk Certify To: Budget, Comptroller, URA Ordinance: 58 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster April 03, 2024 Ordinance approving the designation of Tiffanie Davis as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.22-1-33 Andes Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 318.22-1-33 Andes 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 Tiffanie Davis; and the developer proposes to purchase 318.22-1-33 Andes Avenue to fence for her 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, April 3, 2024 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 $250.00; and FURTHER ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 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 4th day of April, 2024 _________________________________________________________________ Andrew Castilla, Deputy City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 03 / 25 / 24 Proposed Resolution No. 1 Sent to Council Attorney on: 03 / 25 / 24 Thursday Rule Waiver Required? Y Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa APPROVING CHAPTER 3-2 ADMINISTRATION ARTICLE II – COMMON COUNCIL; DIVISION 2 – RULES OF ORDER BE IT RESOLVED, that the Common Council of the City of Utica, New York does hereby approve Chapter 3-2 ADMINISTRATION, ARTICLE II – COMMON COUNCIL; DIVISION 2 – Rules of Order as the following: DIVISION 2 Rules of Order Sec. 3-2-41 Rules designated The following Rules of Order be, and they hereby are designated as the Rules of Order of the Common Council of the City of Utica for the ensuing two years. Sec. 3-2-41.1 Pre-meeting conference (a) The members of the Common Council and the President of the Common Council shall meet prior to each regular and special meeting. The meeting shall be chaired by the Majority Leader of the Common Council, who shall endeavor to conduct the meeting so as not to delay the commencement of the regular and/or special meeting set forth herein. (b)The pre-meeting conference is for the purpose of discussing and reviewing new legislation, legislation that is in committee and such other matters that the member of the Council have determined to require their attention at that time. (c) The pre-meeting conference is advisory in the same manner as Committee Meetings. The adoption of a resolution, ordinance or local law or any amendments thereto may only occur at a regular or special meeting of the Common Council as provided in the Rules of Order, Section 3.002 of the Utica City Charter and Sections 3 and 34 of the Second Class Cities Law. Sec. 3-2-42. Regular meetings Regular meetings of the Common Council of the City of Utica, New York, shall be held in the Common Council Chambers in the City Hall at 7:00P.M. If the second day of January shall fall on a Saturday or Sunday, then the first regular meeting shall be held on the following day at the same hour or no later than the first Wednesday in January. Thereafter all regular meetings will be held on the first and third Wednesday of each month at approximately 7:00 P.M. During the months of July and August, the regular meeting fixed for the third Wednesday of the month shall be held at the call of the President of the Common Council. The Common Council may adjourn any regularly scheduled meeting of the Council to some later convenient time. Sec. 3-2-43. Special meetings Special meetings of the Common Council will be called by the President of the Common Council or a majority of its members by causing a written notice thereof, specifying the objects of the meeting, to be served by the City Clerk upon each member personally, by the Police Department and/or by mail directed to his/her place of residence or place of business at least 24 hours before the time fixed for such meeting. Sec. 3-2-44. Public comment period (a) Privilege of the floor shall be combined with public comment period and held at the beginning of each Common Council meeting before legislation is voted upon, the Common Council will provide 30 minutes for public comment upon legislation that is to be voted upon at that meeting. The time shall be allotted for those nonmembers who wish to express their views on legislation being considered by the Common Council the night of the meeting or anything else they may wish to discuss pertaining to city business. (Personal attacks will not be tolerated.) (b) No one person or group shall speak for more than three minutes. Should there be more than 10 speakers then the 30minutes will be apportioned accordingly, to wit, 15 speakers would receive two minutes each (c) The time keeper shall be the President of the Common Council and no speaker shall receive more that the time allotted. Should a speaker's remarks stray from comment on legislation before the Common Council at that meeting, then the speaker shall be reminded to return to topic. Should a speakers’ remarks continue to stray from Council legislation, his or her time shall be immediately terminated. Sec. 3-2-45. Quorum A majority of all the elected Council members shall constitute a quorum for the transaction of business. Sec. 3-2-46. Order of business The business of all regular meetings of the Common Council shall be transacted in the following order: (1) clerk call the roll (2) Pledge of allegiance (3) Moment of silence for deceased Council members (4) Public hearings (if any) (5) Public comment period (includes privilege of the floor/and legislation) (5a) Common Council guests (6) Reading of the minutes of the previous meeting (7) Communications from the Mayor (8) Report of City officers (general call) (9) Petitions, remonstrances and appeals (10) Miscellaneous communication (general call except for legislation) (11) Report of standing committees (12) Motion to remove from committee any legislation from previous meetings (13) Ordinances and resolutions (14) Local laws (15) Adjournment Sec. 3-2-47. Public comment period; sign-up Public comment period by nonmembers of the Common Council shall be provided a sign-up sheet 15 minutes prior to the meeting. Sec. 3-2-48. Report of standing committees  Report shall be limited to results of committee meetings or specific work of the committee in progress. Time for each report shall be limited to five minutes. Committees to be called in their order as follows: (1) Public Works/Transportation (includes Department of Public Works, Solid Waste, Water Authority, Transit Authority, Parking Authority) (2) Recreation, Youth, Parks, Seniors and Veterans (includes Department of Youth Programs and Department of Parks and Recreation) (3) Public Safety, Law, Judiciary (includes Police and Fire Bureau, Law Enforcement Building, City Court) (4) Economic Development, Municipal Housing, Urban Renewal Agency and D.U.D.A (5) Codes and Neighborhood Preservation (includes Animal Control Officer (6) Finance (7) Communication and Internet Committee (8) Government and Education Committee Sec. 3-2-49. Local laws (a) No local law shall be passed except by at least the majority affirmative votes of the total voting power of the Common Council. On the final passage of a local law the questions shall be taken by ayes and nays, and the names of the members presented and their votes shall be subscribed by the City Clerk and become part of the record of the Common Council proceedings (b) The style of a local law shall be "Be it enacted by the Common Council for the City of Utica". No local law shall be passed until it is in its final form and (a) has been on the desks of the members at least seven calendar days, exclusive of Sunday prior to its final passage (c) Refer to section 20-28 of the Municipal Home Rule Law for the procedures for Adoption of Local Laws Sec. 3-2-50. Presentation of petitions, remonstrances and appeals (Council members to be called by district in order) Time allotted for each presentation shall be limited to three minutes maximum. A Council member may yield the floor during his time period to any other Council member to answer questions or for any other purpose; however, in so doing, the Council member who yields does not extend the allotted time but is still limited to three minutes maximum. Sec. 3-2-51. Clerk may call to order In the absence of the President and President Pro Tempore, the Clerk shall call the Common Council to order and if a quorum is present, the Common Council shall elect one of its members as President Pro Tempore. During the absence of the President and President Pro Tempore, he or she shall be empowered to exercise al of the duties and powers of that office in accordance with the law. Sec. 3-2-52. Meetings of standing committees Standing committee meetings will be conducted at time and frequency as required by the Committee Chairman to approve the introduction of proposed legislation but shall meet at least on a quarterly basis and file a report with the Common Council at its regularly scheduled meeting. Committee meetings shall be open to all members of the Common Council, the public and the media and so shall all be informed of meetings. (1) All new legislation shall be sent to the Common Council President first (2) The Council President shall determine what committee it will be assign the proposed legislation; and,  (3) The committee Chairperson shall discuss legislation at the committee meeting with the Council members and invite appropriate department heads; and (4) It shall be the committee's responsibility (5) Excluded from the committee referral are proclamations, traffic legislation that has previously been submitted to the Utica Police Department and has received its written approval, beer and wine permits, Commissioners of Deed requests, Board of Estimate and Apportionment transfer legislation that has been approved by the Board of Estimate and Apportionment and the Budget Director and submitted by the corporation council, urban and economic development and property sales contracts that have been approved by the Urban Renewal Agency (6) No legislation shall be presented to the pre meeting conference unless it has been properly presented through the designated committee system first (7) If there is legislation needed to be passed immediately, then rules may be waived by a majority of the Council. This resolution will become effective immediately (8) Committees of the Common Council may consist of four persons, and an affirmative vote of three members of the committee is required to refer and recommend legislation to the full Council for consideration and/or adoption Sec. 3-2-53. Absence of members (a) No member shall be absent from a session of the Common Council before adjournment without leave of the presiding officer (b) Member absenteeism (1) Any member who is absent from regularly scheduled meetings on three consecutive occasions or absent from four meetings out of six consecutive occasions, without good cause, shall be able to censure by the Council and/or subject to sanctions by said Council (2) The Council shall determine what is "good cause" at a hearing with the member, with the particular emphasis on medical disability and family emergencies (3) Any member sanctioned for absenteeism in violation of this subsection, shall be liable to a fine in an amount to be determined by the Council, not to exceed 1/22 of such member's annual gross salary for each missed meeting (4) The provisions of this subsection and the sanctions herein shall not preclude the Council from proceeding with any other remedies or procedures provided in state or local statutes, including those of the New York State Second Class Cities Law Sec. 3-2-54. Suspension of rules Any rule of the Common Council may at any time be temporarily suspended for special reasons by majority vote of all of the members of the Council, except when such a suspension is specifically prohibited in any rule. No permanent alteration may be made without notice specifying the object of the change and such notice of alteration shall be given at a previous meeting. Sec. 3-2-55. Preservation of order (a) When a member of the Common Council or a department head or any elected official is called to order, he or she shall immediately sit down and cease all verbal communications, and the presiding officer shall pass upon the point of order (b) Anyone refusing to cease all verbal communication by the presiding officer shall be deemed to be in contempt of the Common Council and shall be liable to censure by the Common Council Sec. 3-2-56. Refusal to vote; penalty  Any member refusing to vote on any question, unless excused by unanimous consent of the Common Council, shall be deemed to be in contempt of the Council and shall be liable to censure by the Council. The request to abstain must have a valid reason for consideration by the Common Council. Sec. 3-2-57. Reconsideration of question After any question is decided by the Council, it shall be in order for any member of the Council voting in the majority only to move its reconsideration at the same meeting, but at any subsequent meeting any member of the Council may make such a motion. If a motion for reconsideration is lost it shall not be renewed without the unanimous consent of the Council, and no decision of the Common Council shall be reconsidered a second time without the unanimous consent of the Common Council, this rule applies to the term of the Common Council. Sec. 3-2-58. Sponsor of actions; record (a) All resolutions, ordinances or motions entered in the Clerk's minutes shall be accompanied by the name of the Council member who is sponsoring (and/or) cosponsoring said resolution, ordinance or motion (b) A sponsor and/or the appropriate legislative committee will develop and research said legislation (c) A cosponsor is one that receives permission from the sponsor to be a cosponsor or to cosponsor (d) In the case of a general piece of legislation where no research and development was needed, the Majority Leader, Minority Leader, and/or Committee Chairman names will appear as sponsor (e) All Common Council legislation must be forwarded and reviewed for legality by the Counsel Attorney before it is presented at a Common Council meeting Sec. 3-2-59. Submission of communications and requests by department heads All City departments and department heads shall make available to the members of the Utica Common Council any communications, requests or legislation they have to be submitted to the Common Council by Thursday prior to the regularly scheduled Common Council meeting. The legislation will be considered at the next regularly scheduled meeting after appropriate committees have reviewed said legislation. This rule will enable the Common Council to conduct the necessary research required to pass legislation. Sec. 3-2-60. Special parliamentary rules (a) When a question is under debate no motion shall be received but: (1) To adjourn (2) To fix the hour of adjournment (3) To move the previous question (4) To lay on the table (5) To postpone indefinitely (6) To postpone to a day certain (7) To commit (8) To amend (b) Each of the several motions set forth above shall have precedence in the order here Stated (c) Motions to adjourn, to fix the hour of adjournment, to move the previous question and to lay on the table shall be decided, without debate and without amendment, except that a motion to fix the hour of adjournment may be amended as to the hour (d) Motions to postpone indefinitely shall not be amended and motions to adjourn to a day  certain may only be amended as to the time of reconvening (e) Motions to commit may be amended only as to the committee committed to and as to instructions and powers given the committee. At the time a motion to amend is made there shall be allowed only amendments to the original proposition, an amendment to that amendment and an amendment by way of substitution for the whole original proposition and pending amendments Sec. 3-2-61. Priority of business All questions relating to the priority of business shall be decided by the presiding officer. When necessary, the Common Council, by majority vote of all members, can choose priority of business. Sec. 3-2-62. Taking of vote; appeal (a) Upon any questions before the Common Council, the Chair shall rise in his place and after stating the question shall take the vote and declare his judgment as to the result of the vote, subject to appeal to the Council. When any appeal shall have been made from any ruling of the Chair, the Chair shall submit the following questions to the Council: "Shall the decision of the Chair stand as the judgement of the Council?" (b) This question shall be determined by a majority vote of the Council. In the event of the refusal of the Chair to entertain such an appeal, the same shall be submitted to the Council by the Clerk Sec. 3-2-63. Previous question (a) The previous question shall be put as follows: "Shall the main question be now put?" (b) Until the previous question is decided, all amendments or debates shall be precluded. When, on taking the previous question, the Council shall decide that the main question shall not now be put, the main question shall be considered as still remaining under debate. The main question shall be on the passage of the ordinance, resolution, or other matter under consideration, but when amendments are pending, the question shall first be taken on such amendments and in their order. Sec. 3-2-64. Division of question If the question contains several distinct and divisible propositions, any member may have the same divided, but a motion to strike out and insert shall not be divisible under this rule. Sec. 3-2-65. Withdrawal of motions Any motion may be withdrawn by the mover before it is decided or amended, but in such case, any member may renew the motion at any time. Sec. 3-2-66. Recognition of members by Chair required Every member rising to debate, give a notice, make a motion, report or present any paper shall first address the Chair and shall not proceed further until audibly recognized by the Chair. Sec. 3-2-67. Use of Robert's Rules of Order The rules of parliamentary practice contained in the Robert's Rules of Order, Revised for Deliberative Assemblies, shall govern the Common Council in all cases not provided for in these rules.  Sec. 3-2-68. Attendance required. A Common Council member is required to attend all Committee meetings and Common Council meetings. If a member in unable to attend, he or she shall notify the City Clerk of his or her absence in writing and to be read a part of general communications. Any missing of three consecutive Common Council meetings or four out of six consecutive meetings will allow the Common Council to consider censure of the Council person. Sec. 3-2-62. Videotaping of meetings (a) The Common Council dedicated space at the rear of the pre-meeting room and beyond the Council barrier in the Common Council chambers so as not to interfere with the conducting of business by the members of the Common Council. All videotaping of Council proceedings by members of the media, Council persons or any other persons shall be conducted in the designated area of the Common Council pre-meeting room and beyond the barriers provided separating the Councilperson's desks from the general public (b) Judicial decisions indicate that any person present may record an open meeting (using either an audio or video recorder) so long as the use of recording device is not disruptive or obtrusive (c) The Common Council has determined that adequate space is designated for said recording and said space shall be utilized for that purpose. That the public, the media and even members of the council may stylize the designated place for video or audio. A resolution of the Common Council of #12 of 4/4/12 defines said permitted use (d) The Common Council does provide for and pays for from its budget the televising of Common Council regular meeting held in the council (e) The televised proceedings of regular meetings of the Common Council are and shall be deemed the property of the Common Council and may not be used for political or campaign purposes or to be used in any paid commercial advertisements Sec. 3-2-70. through Sec. 3-2-80. (Reserved) 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Board of E&A Proposed Ordinance No. 2 Submitted to council on: 03 / 26 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 26 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson E&A Transfer – 2023-2024 Fiscal Year BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer: FROM: ES58120 432 Sewer Judge & Settle $53,909.11 TO: ES58120 203 Sewer Auto Equipment $53,909.11 EXPLANATION: To pay for T66 T4 Bobcat Compact Tract Loader ACCOUNT NO: NAME OF ACCOUNT AMOUNT ES58120.432 Original Budget: $70,000.00 Revised Budget with Transfer: $16,090.89 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 5,000.00 Balance Before Transfer: 65,000.00 Percentage Used (Original Budget): 7.14% Percentage Used (Revised Budget): 31.07% ACCOUNT NO: NAME OF ACCOUNT AMOUNT ES58120.203 Original Budget: $0.00 Revised Budget with Transfer: $53,909.11 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 53,909.11 Balance Before Transfer: (53,909.11) Percentage Used (Original Budget): 0.00% Percentage Used (Revised Budget): 100.00% 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UPD Proposed Ordinance No. 3 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? N Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello NO PARKING AT ALL TIMES BE IT ORDAINED, Sec. 2-16-360 Schedule E: No parking at all times. • On Broadway from Lafayette Street to Columbia Street along the Western curb line, no parking anytime. Added (4.3.24) 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 M. Giruzzi Certify To: Budget, Comptroller, URA Resolution: 1 City of Utica Department of Legislation In Common Council April 03, 2024 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 318.64-1-7 Mulberry Street WHEREAS, The Utica Urban Renewal Agency is the owner of 318.64-1-7 Mulberry Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal area to prospective developers, pursuant to the requirements set forth in Article 15, section 507, of the General Municipal Laws of the State of New York; and WHEREAS, an offer to purchase a lot known as 318.64-1-7 Mulberry Street has been received by the Utica Urban Renewal Agency from A & D Investment, LLC; and WHEREAS, the developer plans to consolidate with his adjacent property and construct a deck; 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 Rome Sentinel 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, April 17, 2024 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 318.64-1-7 Mulberry Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 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 4th day of April, 2024 ____________________________________________________________________________ Andrew Castilla, Deputy City Clerk  Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of A & D Investment, LLC as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.64-1-7 Mulberry Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.64-1-7 Mulberry 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 A & D Investment, LLC; and the developer proposes to purchase a lot known as 318.64-1-7 Mulberry Street to consolidate with his adjacent property and construct a deck; 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, April 17, 2024 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Certify To: Budget, Comptroller, URA Resolution: 2 City of Utica Department of Legislation In Common Council April 03, 2024 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 1233 Steuben Street & 318.74-1-7 Leah Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1233 Steuben Street & 318.74-1-7 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 1233 Steuben Street & 318.74-1-7 Leah Street has been received by the Utica Urban Renewal Agency from Hernan Nivicela; and WHEREAS, the developer plans to renovate for primary residence and consolidate the lot with the property; and WHEREAS, the purchase price for this property is $23,000.00; 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 Rome Sentinel 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, April 17, 2024 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 1233 Steuben Street & 318.74-1-7 Leah Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 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 4th day of April, 2024 ____________________________________________________________________________ Andrew Castilla, Deputy City Clerk  Submitted to council by: URA Proposed Ordinance No. 7 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Hernan Nivicela as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1233 Steuben Street & 318.74-1-7 Leah Street WHEREAS, The Utica Urban Renewal Agency has acquired 1233 Steuben Street & 318.74-1-7 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 Hernan Nivicela; and the developer proposes to purchase 1233 Steuben Street & 318.74-1-7 Leah Street to renovate for primary residence and consolidate the lot with the property; and the purchase will require the payment of $23,000.00; 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, April 17, 2024 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 $23,000.00; 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council April 03, 2024 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo- Testa, LoMedico Proclamation Wednesday April 17, 2024 as Joseph “Joey O” Olivadoti Day in the City of Utica, NY Whereas, Joseph “Joey O” Olivadoti was born and raised in Utica, NY on October 26, 1977 to Anthony Olivadoti and Virginia Gigliotti, and Whereas, From a very young age, Joey O, developed a love of baseball in Utica Little League where he played second base and was an all-around infielder, and Whereas, His commitment and love of the game grew even further as he entered Thomas R. Proctor Highschool to play for famed Varsity Head Coach Dave Guido , and Whereas, In December 1994, Joey O tragically lost his life far too soon at the age of 17 while a member of the Proctor Varsity Baseball Team, and Whereas, Because he was a leader who provided resilience, strength and perseverance to his team, they and Utica Schools honored him at the time with a, very rare, retirement of his cherished number “22”, and Proclaimed, Now on the 30th anniversary year of his passing, The City of Utica and its Common Council officially proclaim that Wednesday April 17, 2024 will forever be known as Jospeh “Joey O’ Olivadoti day in the City of Utica Further Proclaimed, This proclamation will forever be inscribed into the minutes of the City of Utica Common Council Meeting on this 3rd day of April 2024 Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 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 4th day of April, 2024 ____________________________________________________________________________ Andrew Castilla, Deputy City Clerk  Submitted to council by: Corp. Counsel Proposed Ordinance No. Submitted to council on: 04 / 03 / 24 Proposed Resolution No. 9 Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON A ZONING AMENDMEMENT WHEREAS, the Utica Common Council proposed amendments to the zoning ordinance concerning the locations of marijuana dispensaries/retail and specific special use criteria for marijuana dispensaries/retail, and WHEREAS, the proposed amendments were referred to the planning board on April 3, 2023 for a report thereon, and WHEREAS, the City of Utica Zoning Ordinance requires that before any amendment, supplement or change in the text there shall be a public notice and hearing, and WHEREAS, the City Clerk shall cause to be published a public hearing notice at least two (2) times not less than ten (10) days before the public hearing, and it is NOW, THEREFORE BE IT RESOLVED, that the Utica Common Council shall conduct a public hearing on the proposed amendments at its regular meeting on ________, 2024, at 7:00 p.m. in the Common Council Chambers, One Kennedy Plaza, Utica, New York, to provide the public with an opportunity to ask questions and offer comments on the proposed zoning text amendment. Immediately after the public hearing, the Utica Common Council may consider legislation that will amend the zoning ordinance concerning the locations of marijuana dispensaries/retail and specific special use criteria for marijuana dispensaries/retail. 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 10 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE ADDING SECTION 2-29-361 OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-29 “Supplemental Regulations” of the Code of Ordinances is hereby amended by adding Section 2-29-361, entitled “Marijuana Dispensaries/Retail”, to read as follows: (a) Applicability. (1) These regulations shall apply to all structures and/or uses related to marijuana retail Dispensaries. All marijuana retail dispensaries established in the City of Utica shall be in compliance with the provisions of this section. (2) Every marijuana retail dispensary shall apply to the City of Utica Planning Board for a special use permit and site plan approval for that use prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the City of Utica Zoning Code, other applicable provisions of the City Charter. (b) Zoning District. Marijuana retail dispensaries shall only be allowed in areas as set forth Marijuana Dispensaries/retail overlay district subject to site plan review and issuance of a special use permit by the City of Utica Planning Board and further subject to the regulations set forth in this section. (c) Specific Special use criteria for marijuana retail dispensaries. As part of any review by the Planning Board under this subsection, the following shall be submitted and/or considered by the Planning Board as part of its review of any special use permits for marijuana retail dispensaries: (1) Marijuana retail dispensaries must be fully enclosed and shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure. (2) No outside storage of marijuana, related supplies or promotional materials is permitted. (3) No smoking or consumption of any product containing marijuana or marijuana- related products shall be permitted on the premises of a marijuana retail dispensary. No burning of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retail dispensary.  (4) Each special permit use shall not include the display of signs, noise, fumes, or lights that will hinder normal development of the zoning district or impair the use, enjoyment, and character of adjacent land and buildings. (5) The application shall include a site plan and fully dimensioned diagram or floor plan showing planned occupancy or use of all areas, including exits, fire prevention measures, windows, ventilation, and doors as well as any other factors determined to be necessary and appropriate by the Planning Board. (6) Security measures shall be implemented which are sufficient to ensure that no unauthorized persons can gain access to the building and outdoor activity areas. Such measures shall be described in detail in the special permit application. (7) Subject to applicable law, as a part of any special use permit application to the Planning Board, copies of all information submitted to the State of New York in application for a license to operate under the Marihuana Regulation and Taxation Act shall be submitted as part of the special permit application. (8) All special use permits issued under this subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies. (9) A special use permit granted under this subsection shall have a term limited to the duration of the applicant's use of the premises as a licensed operator. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (10) Any violation of this section shall be grounds for revocation of a special use permit issued under this section. (11) A revocation of the respective license by the state shall be grounds for revocation of the special use permit. (12) Hours of operation for these uses shall be set by the Planning Board in its complete and total discretion. (13) No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on the sign. 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 11 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING CODE USE TABLE FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-125 of the Utica City Code is hereby amended by adding the entry “X” for Marijuana Dispensaries/Retail in the Supplemental Regulations. 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 12 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-113(b) of the Utica City Code is hereby amended by adding a new overlay district to read as follows: (b) The City of Utica contains the following overlay districts. Overlay districts supplement and may modify the uses of the underlying zoning district. Unless specifically modified by the overlay, all the uses in the underlying district are permitted subject to all the other provisions of this chapter. (1) Planned Development District - PDD. (2) Marijuana Dispensaries/retail District - MDD See attached Map 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 13 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-114 of the Utica City Code is hereby amended by adding the following: (k) Marijuana Dispensaries/retail. The marijuana dispensaries/retail district is intended to provide for the placement and regulation of Adult Use Marijuana Establishment Retailers as authorized pursuant to the State Marihuana Regulation and Taxation Act (MRTA) and regulations with the goal of regulation of time, place and manner activity and minimizing potential adverse impacts on adjacent property owners, neighborhood and the city in general. 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 14 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESCIND ORDINANCE NUMBER 6 OF 2024 ENACTING A MORATORIUM ON MARIJUANA DISPENSARIES IN THE CITY OF UTICA WHERAS, the Common Council has amended the Zoning Ordinance of the City of Utica to address its concerns regarding the locations of marijuana dispensaries/retail, therefore eliminating the necessity of a moratorium. THEREFORE, BE IT ORDAINED, that the Common Council of the City of Utica rescinds Ordinance Number 6 of 2024 enacting a moratorium on marijuana dispensaries/retail. 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 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Certify To: Budget, Comptroller, Engineering Ordinance: 56 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Williamson April 03, 2024 ORDINANCE REMOVING THE TRAFFIC ISLAND AT EASTWOOD AVE. AND DUNHAM ROAD WHEREAS, A traffic island has been erected at the intersection of Eastwood Avenue and Dunham Road, and WHEREAS, said traffic island was erected without a police or engineering study having been submitted to the Common Council for its review prior to the construction, and WHEREAS, there have been multiple complaints from residents, school bus drivers and others, stating that the construction of the traffic island was ill thought out and could be dangerous. The design could lead to a great deal of driver confusion when and if Utica experiences a major snow storm, and ORDAINED, by the Common Council of the City of Utica, that the traffic island constructed at Eastwood Avenue and Dunham Road, without the benefit of a traffic study, police and engineering department presentation to the Common Council, be demolished and eliminated returning the roads to their original configuration immediately. Yeas: Burmaster, Betar, Carcone, Betrus, Williamson, Colosimo-Testa, LoMedico – 7 Nays: Aiello, Ervin – 2 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 4th day of April, 2024 _________________________________________________________________ Andrew Castilla, Deputy City Clerk