Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting January 19, 2022 The meeting is called to order at 7:20 p.m. Present: Michael Galime, Common Council President; Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Celeste Friend, 3rd District Councilmember; Frank Meola, 4th District Councilmember; Delvin Moody; 5th District Councilmember; Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Frank DiBrango, Councilmember at Large Absent: None. Also Present: Anthony Garramone, Esq., Common Council Attorney; Zach Oren, Esq., First Assistant Corporation Counsel; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Scott Ingersoll, Fire Chief; Ed Noonan, Deputy Chief of Police; Marques Phillips, Commissioner of Codes Enforcement; Brian Thomas, Commissioner of Urban & Economic Development Department; Merima Smajic, Esq., Department of Assessment and Taxation; Melissa Sciortino, City Clerk; David Butler, Deputy City Clerk A motion is made by Councilmember Friend to waive the reading of the minutes of the Common Council meeting held on January 05, 2022. The motion is seconded by Councilmember DiBrango; none opposed. A motion is made by Councilmember Meola to vote on Pro. Ordinance #1 entitled “Intersections Where Stop Required.” The motion is seconded by Councilmember Moody; none opposed. • PRO. ORD. 1 AMENDING SEC. 2-16-358 SCHEDULE C: INTERSECTIONS WHERE STOP REQUIRED TO INCLUDE O’BRIEN AVENUE AND YORK STREET INTERSECTION, NORTHEAST CORNER, TO CONTROL WESTBOUND TRAFFIC. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #11 of 2022. A motion is made by Councilmember Aiello to vote on Pro. Resolution #2 entitled “Marriage Officer 2022 – 2023.” The motion is seconded by Councilmember Meola; none opposed. • PRO. RES. 2 APPOINTING NEDIM MUJIC AS A MARRIAGE OFFICER FOR THE ENSUING TWO YEARS, 2022 – 2023.  Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Resolution #1 of January 19, 2022. A motion is made by Councilmember Meola to vote on Pro. Ordinance #3 entitled “Intersections Where Stop Required.” The motion is seconded by Councilmember Aiello; none opposed. • PRO. ORD. 3 AMENDING SEC. 2-16-358 SCHEDULE C: INTERSECTIONS WHERE STOP REQUIRED TO INCLUDE EAST PARK ROAD AND SOUTH PARK DRIVE, NORTHEAST CORNER OF EAST PARK DRIVE. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #12 of 2022. A motion is made by Councilmember Meola to vote on Pro. Ordinance #4 entitled “Intersections Where Stop Required.” The motion is seconded by Councilmember Burmaster; none opposed. • PRO. ORD. 4 AMENDING SEC. 2-16-358 SCHEDULE C: INTERSECTIONS WHERE STOP REQUIRED TO INCLUDE PARKVIEW DRIVE AND EAST PARK ROAD, NORTHEAST CORNER OF PARKVIEW DRIVE. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #13 of 2022. A motion is made by Councilmember Meola to vote on Pro. Ordinance #5 entitled “Intersections Where Stop Required.” The motion is seconded by Councilmember Williamson; none opposed. • PRO. ORD. 5 AMENDING SEC. 2-16-358 SCHEDULE C: INTERSECTIONS WHERE STOP REQUIRED TO INCLUDE LIN ROAD AND POND LANE, SOUTHWEST CORNER OF LIN ROAD. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #14 of 2022. A motion is made by Councilmember Meola to vote on Pro. Resolution #6 entitled “Resolution Waiving the Application Filing Requirements for the Granting of Real Property Tax Exemptions for the Disabled (Section 459-C) or the Aged (Section 467) in 2022.” The motion is seconded by Councilmember Williamson; none opposed. • PRO. RES. 6 RESOLUTION WAIVING THE APPLICATION FILING REQUIREMENTS FOR THE GRANTING OF REAL PROPERTY TAX EXEMPTIONS FOR THE DISABLED (SECTION 459-C) OR THE AGED (SECTION 467) IN 2022. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Resolution #2 of January 19, 2022. A motion is made by Councilmember Friend to vote on Pro. Ordinance #7 entitled “Ordinance Amending Section 2-25-2 of the Utica City Code.” The motion is seconded by Councilmember Meola; none opposed. • PRO. ORD. 7 ORDINANCE AMENDING SECTION 2-25-2 OF THE UTICA CITY CODE. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #15 of 2022. A motion is made by Councilmember Moody to vote on Pro. Ordinance #8 entitled “Ordinance Establishing a Civilian Public Safety Board and Auditor.” The motion is seconded by Councilmember Meola; none opposed. • PRO. ORD. 8 ORDINANCE ESTABLISHING A CIVILIAN PUBLIC SAFETY BOARD AND AUDITOR. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #16 of 2022. A motion is made by Councilmember Meola to place Pro. Ordinance #9 entitled “Ordinance Amending the Composition of the Bureau of Police to Add Temporary Police Officers/Investigators” into the committee of the whole. The motion is seconded by Councilmember DiBrango; none opposed. Pro. Ordinance #9 is committed. A motion is made by Councilmember Friend to waive the Thursday Rule for Pro. Resolution #10. The motion is seconded by Councilmember DiBrango; none opposed. A motion is made by Councilmember Williamson to amend the second “whereas” clause of Pro. Resolution #10 to read as “Fire/EMS personnel and Police” rather than “Fire/EMS personnel.” The motion is seconded by Councilmember Meola; none opposed. A motion is made by Councilmember DiBrango to vote on Pro. Resolution #10 entitled “A Resolution Encouraging the Mayor of the City of Utica to Apply for Funds Provided Under the American Rescue Plan of 2021 to Allocate Premium Pay to Fire/EMS Personnel who Engaged in Performing Essential Work during the COVID-19 Pandemic” as amended. The motion is seconded by Councilmember Meola. A motion is made by Councilmember Williamson to reconsider their motion to amend the second “whereas” clause of Pro. Resolution #10 by replacing that motion with a motion to strike “Fire/EMS Personnel” and replace it with “Fire/EMS and Police Personnel” wherever it so appears in Pro. Resolution #10. The motion is seconded by Councilmember Meola; none opposed. A motion is made by Councilmember Colosimo-Testa to recuse themselves of voting on Pro. Resolution #10. The motion is seconded by Councilmember Moody; none opposed. • PRO. RES. 10 A RESOLUTION ENCOURAGING THE MAYOR OF THE CITY OF UTICA TO APPLY FOR FUNDS PROVIDED UNDER THE AMERICAN RESCUE PLAN OF 2021 TO ALLOCATE PREMIUM PAY TO FIRE/EMS AND POLICE PERSONNEL WHO ENGAGED IN PERFORMING ESSENTIAL WORK DURING THE COVID-19 PANDEMIC. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, DiBrango – 8 Nays: 0 Adopted as Resolution #3 of January 19, 2022; Councilmember Moody qualified their vote that the adoption of this Resolution is in no way intended to disregard the work performed by healthcare workers and other City Hall employees during the COVID-19 pandemic. A motion is made by Councilmember Aiello to vote on Pro. Resolution #11 entitled “Commissioner of Deeds.” The motion is seconded by Councilmember DiBrango; none opposed. • PRO. RES. 11 APPOINTING NEDIM MUJIC AS A COMMISSIONER OF DEEDS IN AND FOR THE CITY OF UTICA FOR A TWO-YEAR TERM ENDING DECEMBER 31, 2022. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Resolution #4 of January 19, 2022. A motion is made by Councilmember Friend to waive the Common Council Rules of Order for Pro. Resolution #12 entitled “Resolution Authorizing Application for SAFER Grant.” The motion is seconded by Councilmember Meola; One opposed – Colosimo-Testa. Councilmember Colosimo-Testa qualified their opposition that given the Mayor’s Message of January 19, 2022 in which the Mayor states that his administration is applying for a SAFER grant, the Common Council passing this Resolution is a moot point. A motion is made by Councilmember Aiello to amend “firefighters and/or firefighters/EMT” by striking “/or” so that it to read as “firefighters and firefighters/EMT.” The motion is seconded by Councilmember Meola; none opposed. • PRO. RES. 12 RESOLUTION AUTHORIZING APPLICATION FOR SAFER GRANT. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Resolution #5 of January 19, 2022. A motion is made by Councilmember Moody to take Pro. Resolution #24 entitled “Establishing the Dates and Times of the Standing Meetings of the Committee of the Whole for the Common Council of Utica, New York” from committee. The motion is seconded by Councilmember Meola; none opposed. A motion is made by Councilmember Moody to vote on Pro. Resolution #24 after being read into the record as amended to include “the 2nd and 3rd Wednesday of every month at 4:30 p.m.” The motion is seconded by Councilmember Meola; none opposed. • PRO. RES. 24 ESTABLISHING THE DATES AND TIMES OF THE STANDING MEETINGS OF THE COMMITTEE OF THE WHOLE FOR THE COMMON COUNCIL OF UTICA, NEW YORK. Ayes: Aiello, Burmaster, Friend, Meola, Moody, DiBrango – 6 Nays: Betrus, Williamson, Colosimo-Testa – 3 Adopted as Resolution #6 of January 19, 2022. A motion is made by Councilmember Betrus to take Pro. Ordinance #13 entitled “Transfer of Funds 2021 – 2022 Fiscal Year Re: Flood Mitigation Reserve Fund” from committee. The motion is seconded by Councilmember Meola; none opposed. A motion is made by Councilmember Meola to bring Pro. Ordinance #13 to a vote after being read into the record as amended to include the account number for Fund Balance – Unrestricted as A3.90900 and the account number for Restricted Fund Balance – Flood Mitigation as A3.89930. The motion is seconded by Councilmember DiBrango; none opposed. • PRO. ORD. 13 AUTHORIZING A TRANSFER OF FUNDS IN 2021 – 2022 FISCAL YEAR FROM A3.90900 (FUND BALANCE – UNRESTRICTED) TO A3.89930 (RESTRICTED FUND BALANCE – FLOOD MITIGATION); $250,000.00 TOTAL. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #17 of 2022. A motion is made by Councilmember Colosimo-Testa to take Pro. Resolution #7 entitled “Creating a Flood Mitigation Task Force for the City of Utica, New York” from committee. The motion is seconded by Councilmember Williamson; Five opposed – Aiello, Burmaster, Friend, Meola, Moody. Pro. Resolution #7 remains committed. A motion is made by Councilmember Williamson to take Pro. Ordinance #10 entitled “Amending the Composition of the Bureau of Fire for the City of Utica, New York” from committee after being read into the record as amended such that the number authorized of firefighters & firefighters/EMT reads “93” and the total number authorized reads “132.” The motion is seconded by Councilmember Betrus; One opposed – Friend. A motion is made by Councilmember Colosimo-Testa to amend Pro. Ordinance #10 such that the following contingency is included: “Be it further ordained, this ordinance shall become effective pending approval of the SAFER grant.” The motion is seconded by Councilmember Moody. A motion is made by Councilmember Williamson to amend the amendment such that the total number authorized shall read as “132.” The motion is seconded by Councilmember Betrus; Two opposed – Burmaster, Friend. None opposed to the motion made by Councilmember Colosimo-Testa to amend Pro. Ordinance #10 such that the following contingency is included: “Be it further ordained, this ordinance shall become effective pending approval of the SAFER grant.” • PRO. ORD. 10 AMENDING THE COMPOSITION OF THE BUREAU OF FIRE FOR THE CITY OF UTICA, NEW YORK. Ayes: Aiello, Burmaster, Friend, Meola, Moody, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #18 of 2022. A motion is made by Councilmember Friend to adjourn the meeting. The motion is seconded by Councilmember Aiello; none opposed. The meeting is adjourned at 8:40 p.m. Melissa Sciortino, Secretary Mayor Palmieri vetoed Ordinance #18 of January 19, 2022 after the Ordinance was presented, duly certified by the City Clerk, to the Mayor on January 21, 2022. Mayor Palmieri submitted the following written objection to the Common Council on January 26, 2022: On January 19, 2022, the Common Council adopted Ordinance 18 with the intent to increase the complement of Firefighter and Firefighter-EMT by 8 positions, upon approval of a SAFER grant. While I fully support the intent of this ordinance, upon further examination, Corporation Counsel has cited some legal deficiencies with the ordinance as currently written as reflected in City Attorney Charlie Brown’s memorandum dated January 24th, 2022. A special meeting of the Council is scheduled for Friday, January 28th. It is my hope the Council will adopt legislation that shows our mutual support and addresses the concerns highlighted in the referenced memorandum. Included with this correspondence is a legislative memo from Corporation Counsel (City Attorney Brown), as well as a resolution and ordinance for the Common Council’s consideration. As a result of the legal infirmities referenced in the memorandum, and the time constraints of when a special meeting was able to be called, I must veto this ordinance, per Corporation Counsel’s recommendation.