Common Council Meeting -- 07.02.2025

City of Utica Common Council Rocco Giruzzi, Council President Katie Aiello, District 1 Robert Burmaster, District 2 Joseph Betar, District 3 Frank Carcone, District 4 Venice Ervin, District 5 Joseph Betrus Jr., District 6 Mark Williamson, Council at Large Samantha Colosimo-Testa, Council at Large Jack LoMedico, Council at Large Hon. Anthony J. Garramone, Council Attorney Legislation in Pre-Meeting Conference– 07/02/2025  Submitted to council by: Law Department Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 1 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT WITH THE VILLAGE OF WATERVILLE FOR DEMOLITION SERVICES WHEREAS, it is in the interest of the taxpayers and residents of the City of Utica and the Village of Waterville to share resources in the undertaking of public works and other municipal improvement projects and services; WHEREAS, the Village of Waterville is the owner of several buildings that require demolition located in the village of Waterville, New York; and WHEREAS, the City of Utica possesses both heavy equipment and personnel needed to assist and facilitate the Village of Waterville with the demolitions. BE IT RESOLVED the Common Council of the City of Utica hereby authorizes and approves the agreement in substantially the same form as attached hereto. BE IT FURTHER RESOLVED that the Mayor of the City of Utica is authorized to execute this agreement and any other documents necessary to effectuate the intents of this resolution. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Law Department Proposed Ordinance No. 3 Submitted to council on: 06 / 24 / 25 Proposed Resolution No. Sent to Council Attorney on: 06 / 24 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 4 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE FLAVOREDLAYERS LLC 2025 NEW YORK MAIN STREET APPLICATION WHEREAS, applications for the New York Main Street (NYMS) program were made available through the State of New York and administered by the New York State Office of Community Renewal under the direction of the Housing Trust Fund Corporation; and WHEREAS, the NYMS funding program was created to provide resources to assist New York’s communities with Main Street and downtown revitalization efforts through investments in projects that provide economic development and housing opportunities in downtown, mixed-use commercial districts; and WHEREAS, FlavoredLayers LLC is eligible to submit an application for a single site, standalone, “shovel ready” renovation project; and WHEREAS, FlavoredLayers LLC is proposing to submit an application for funding to assist in the rehabilitation of their building at 1011 State Street; and WHEREAS, FlavoredLayers LLC is requesting up to $500,000 in funding from NYMS with the required twenty-five percent match being provided by the organization; and WHEREAS a formal resolution supporting Flavored Layers LLC Downtown Stabilization Project is required for the proposed NYMS application. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by FlavoredLayers LLC under the 2025 New York Main Street program for the rehabilitation of 1011 State Street. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 5 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR THE BARNES AVE. NEIGHBORHOOD WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application to fund a neighborhood plan, community engagement, and design and construction documents for the Barnes Ave. neighborhood, bounded by Platt St. to the west, Schuyler St. to the east, Oriskany St. W to the south, and the CSX rail line to the north; and WHEREAS, the City is requesting up to $152,550 in funding from Department of State with the required ten percent match being provided for by a NYS DOT grant to CSX for the Barnes Ave. bridge demolition; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Brownfield Opportunity Area program for design and construction documents for the Barnes Ave. neighborhood. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 6 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR BROAD STREET WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application for design and construction documents and renderings for infill development and adaptive reuse, streetscape improvements, pedestrian improvements; and WHEREAS, the City is requesting up to $400,000 in funding from Department of State with the required ten percent match being provided by reallocated Downtown Revitalization Initiative (DRI) funds; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Brownfield Opportunity Area program for design and construction documents and renderings for infill development and adaptive reuse, streetscape improvements, pedestrian improvements. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 7 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR THE FORMER HOWARD JOHNSON SITE AND LELAND AVE. WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application assess vacant properties for site assembly at Leland Ave. and the former Howard Johnson, develop a road access plan to the former Howard Johnson through Leland Ave., and procure design, construction, and site redevelopment documents for a road network off Leland Ave.; and WHEREAS, the City is requesting up to $400,000 in funding from Department of State with the required ten percent match being provided by the New York State Thruway Authority (NYSTA) and in-kind staff time; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Brownfield Opportunity Area program for site development, design, and construction documents for the former Howard Johnson and Leland Ave. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 8 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR THE NEXUS CORRIDOR WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application to fund remedial investigations, environmental site assessments, and a remedial analysis work plan for sites found in Bagg’s Square West, specifically the blocks bounded by Broadway, Whitesboro St., Oriskany St. W, and Hotel St.; and WHEREAS, the City is requesting up to $400,000 in funding from Department of State with the required ten percent match being provided by the current private property owners; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Brownfield Opportunity Area program for remedial investigations of sites in the Nexus Corridor. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 9 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR THE FORMER MELE MANUFACTURING SITE AND ORISKANY ST. W CORRIDOR WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application to prepare Brownfield Cleanup Program (BCP) documents for the NYS DEC, as well as a traffic study, master streetscaping plan and design standards for Oriskany St. W; and WHEREAS, the City is requesting up to $400,000 in funding from Department of State with the required ten percent match being provided by an environmental consultant team using EPA Assessment Funds; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Brownfield Opportunity Area program for BCP documents for the former Mele Manufacturing site and design and construction documents for public realm improvements to Oriskany St. W. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 10 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S DEPARTMENT OF STATE BOA PREDEVELOPMENT APPLICATION FOR ORISKANY STREET W AND THE FORMER MELE MANUFACTURING SITE WHEREAS, the Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program; and WHEREAS, funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields; and WHEREAS, the City is proposing to submit an application for funding to assist in the creation of a new master plan; and WHEREAS, the City is requesting up to $432,635 in funding from Department of State with the required ten percent match being provided for by in-kind staff time through the Department of Urban and Economic Development; and WHEREAS a formal resolution supporting the application is required by Department of State. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the Department of State Smart Growth program for a new master plan. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UED Proposed Ordinance No. Submitted to council on: 06 / 18 / 25 Proposed Resolution No. 11 Sent to Council Attorney on: 06 / 18 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION TO APPROVE AND ENDORSE THE CITY’S REGIONAL COUNCIL CAPITAL FUNDS APPLICATION FOR BAGG’S SQUARE WEST WHEREAS, Empire State Development (ESD) has $60 million of capital grant funding available for the State’s Regional Economic Development Council Initiative, which helps drive regional and local economic development across New York State; and WHEREAS, funds are available for capital-based economic development projects intended to create or retain jobs; prevent, reduce, or eliminate unemployment and underemployment; increase business or economic activity in a community or Region; and/or expand, construct, restore, or renovate New York State tourism destinations and attractions; and WHEREAS, applications may be made for economic growth investment projects that foster economic growth through improvements to facilities in distressed areas (census tracts), commercial revitalization activities in central business districts and commercial strips, and strategic redevelopment projects; and WHEREAS, the City is proposing to submit an application for funding to re-establish and extend Water Street, reconnect the Hotel St. street grid, and make green infrastructure improvements along Burchard Lane; and WHEREAS, the City is requesting up to $2,000,000 in funding from Empire State Development with the required eighty percent match being provided through Transportation Assistance Funding (TAP) from New York State Department of Transportation (NYSDOT); and WHEREAS a formal resolution supporting the application is required by Empire State Development. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under Empire State Development’s Regional Council Capital Funds to re-establish Water St., realign Hotel St., and add green infrastructure to Burchard Lane. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Clerk’s Office Proposed Ordinance No. Submitted to council on: 06 / 27 / 25 Proposed Resolution No. 12 Sent to Council Attorney on: 06 / 27 / 25 Thursday Rule Waiver Required? N Date of Legislation: 07 / 02 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo- Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO VALLEY VIEW GOLF COURSE 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. BE IT 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: Valley View Golf Course Name of Event: 2025 Golf Tournaments Date of Event: Friday July 18th 2025 7AM to 7PM Utica PBA Golf Tournament Monday July 21st 2025 7AM to 7PM Boilermaker Road Race Golf Tournament Saturday July 26th 2025 7AM to 7PM Andre Kallay Golf Tournament Saturday August 2nd 2025 7AM to 7PM Killabrew Golf Tournament Sunday August 3rd 2025 7AM to 7PM East Utica Classic Golf Tournament Saturday August 16th 2025 7AM to 7PM M. Scotellaro Memorial Golf Tournament Friday August 22nd 2025 7AM to 7PM Thomas Lindsey Memorial Golf Tournament Friday September 5th 2025 7AM to 7PM Syracuse Builders Exchange Golf Tournament Saturday August 20th 2025 7AM to 7PM Utica University Golf Tournament Location of Event: Valley View Golf Course 620 Memorial Parkway Utica NY 13501 BE IT 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. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi