Common Council Meeting (Special Meeting) -- 08.22.2022

LEGISLATION TO BE DISCUSSED City of Utica Common Council Special Meeting August 22nd, 2022 PRO ORD. 1 MORATORIUM ON CONVENIENCE STORES PRO. RES. 2 APPOINTING A TEMPORY ACTING ASSESSOR  Submitted to council by: Councilmembers Meola, Williamson Proposed Ordinance No. 1 Submitted to council on: 8 / 18 /22 Proposed Resolution No. Sent to Council Attorney on: 8 / 18 / 22 Thursday Rule Waiver Required? N Date of Legislation: 8 / 22 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CONVENIENCE STORES AND SMOKE SHOPS IN THE CITY OF UTICA FOR NOT LESS THAN A THREE MONTH PERIOD, THAT MAY BE EXTENDED WHEREAS, the Common Council of the City of Utica did, on November 4, 2020 and February 3, 2021, adopt new legislation designed to regulate what is referred to as Convenience Stores and Smoke Shops and their location in the City of Utica, and WHEREAS, since the adoption of the new Zoning Law on February 3, 2021, new questions have arisen with regard to terms and application of these two entities, and WHEREAS, it has been determined by members of the Common Council that these new ordinances require further study and possible revision that necessitates that a moratorium be enacted that would halt the approval of such entities for a period of time to allow for a study to be conducted, now WHEREAS, the Common Council did impose a moratorium as set forth herein for a period of six months, which will expire, and WHEREAS, the Council does hereby extend the moratorium for an additional three months from the date of the adoption herein as BE IT ORDAINED, The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate city agency shall not issue any permission or permit for the development and/or establishment of any new Convenience Stores, Neighborhood Retail Stores and/or Smoke Shops, regardless of current zoning classifications, for a period of three months (90 days), commencing August 22, 2022. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Assessor’s Office Proposed Ordinance No. Submitted to council on: 8 / 18 /22 Proposed Resolution No. 2 Sent to Council Attorney on: 8 / 18 / 22 Thursday Rule Waiver Required? N Date of Legislation: 8 / 22 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson RESOLUTION APPOINTING A TEMPORARY ACTING ASSESSOR DUE TO EMERGENT NEED WHEREAS, the City of Utica Assessor, Richard Maxwell has encountered an unexpected personal emergency, and is unable to perform the duties of the office for a period of time, and WHEREAS, Under Real Property Tax Law (RPTL) §314, the Common Council as the legislative authority and the Mayor as the appointing authority may by resolution designate or appoint an acting assessor. WHEREAS, the Mayor and Council of the City of Utica have determined that there is an emergent need for a Temporary Acting Assessor to cover the Assessor's temporary absence, and WHEREAS, David Williams, was the assessor for the City of Utica for over __ years, and is qualified to serve, and will be able to perform the duties of the assessor on a temporary basis, and WHEREAS, the temporary appointment is effective as of ___________ 2022 and shall be the Temporary Acting Assessor until such time as the Assessor is able to resume the position, but no more than six months and WHEREAS, the rate of pay for services provided as temporary assessor shall be set by the Board of Estimate and Apportionment, and WHEREAS, David Williams shall perform the duties of Assessor as per the Utica City Charter and Real Property Tax Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Utica, that David Williams is hereby appointed to serve as Temporary Acting Assessor, with an effective date of _______ , 2022 and shall hold such position until such time as the assessor is able to resume the position, and BE IT FURTHER RESOLVED, The Clerk of the City of Utica shall notify the commissioner within fifteen days approval of this appointment. RPTL 314 § 5 - defines "Commissioner" as the commissioner of taxation and finance, and a copy of said Resolution shall be sent to the Board of Estimate and Apportionment MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime