Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting January 17, 2024 The meeting is called to order at 7:13 P.M. Melissa Sciortino, City Clerk; 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, Jr., 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; Kerry Carville, UPD; Stephanie DiGiorgio, Corporation Counsel; Scott Ingersoll, Chief, UFD; Marquis Phillips, Commissioner, Codes; Michael Gentile, Chief of Staff; Brian Thomas, Commissioner, UED Mark Sokolowski, DPW A motion to waive the reading of the minutes from the previous meeting made by Councilmember Colosimo-Testa The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 3 Speakers signed up for Public Comment Period 0 Speaker signed up for Public Hearing PRO. RES. 1 – MARRIAGE OFFICER – CITY CLERK A motion by Councilmember Colosimo-Testa to move Pro. Res. 1 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 2 – MARRIAGE OFFICER – COMMON COUNCIL A motion by Councilmember Colosimo-Testa to move Pro. Res. 2 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 3 – AN AUDIT INTO THE APPROPRIATION OF SPENDING IN REGARDS TO ALL PAVING FOR THE YEARS OF 2021-2023 A motion by Councilmember Colosimo-Testa to place Pro. Res. 3 in Committee of the Whole Motion seconded by Councilmember Betrus None Opposed Placed in Committee of the Whole PRO. RES. 4 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 3.18.8-1-41 DIVISION STREET, 318.1-1- 42, 318.8-1-43, 318.8.-47 WATER STREET, 318.8-1-45, 14-18,26-28 & 30-34 WHITESBORO STREET A motion by Councilmember Aiello to move Pro. Res. 4 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 5 – SALE OF 3.18.8-1-41 DIVISION STREET, 318.1-1-42, 318.8-1-43, 318.8.-47 WATER STREET, 318.8-1-45, 14-18,26-28 & 30-34 WHITESBORO STREET A motion by Councilmember Colosimo-Testa to place Pro. Ord. 5 in Committee of the Whole Motion seconded by Councilmember Betrus None Opposed Placed in Committee of the Whole PRO. ORD. 6 – AN ORDINANCE AMENDING SECTION 2-2-104 OF THE CITY OF UTICA CODE BY ADDING PARAGRAPH (D) A motion by Councilmember LoMedico to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Williamson None Opposed Placed in Committee of the Whole PRO. RES. 7 – ADDING COMMON COUNCIL MINUTES TO THE CITY OF UTICA WEBSITE TO BE TRANSLATED A motion by Councilmember LoMedico to move Pro. Res. 7 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 8 – AN ORDINANCE ENACTING A MORATORIUM ON MARIJUANA DISPENSARIES IN THE CITY OF UTICA A motion by Councilmember Burmaster to move Pro. Ord. 8 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #6 of 2024 A motion to pull PRO. RES. 4 – ZOO CONTRACT from Committee of the Whole made by Councilmember Colosimo-Testa Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember Williamson President Giruzzi Adjourned: 7:46 P.M. Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson January 17, 2024 MARRIAGE OFFICER – CITY CLERK 2024-2025 RESOLVED, that pursuant to Chapter 49 of the Laws of New York (1988), the Common Council does hereby appoint the following persons as marriage officers for the period of January 17, 2024 to December 31, 2025: Melissa Sciortino, City Clerk Andrew Castilla, Deputy City Clerk FURTHER RESOLVED, that this resolution shall take effect immediately. 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 18th day of January, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson January 17, 2024 MARRIAGE OFFICERS – COMMON COUNCIL 2024-2025 RESOLVED, that pursuant to Chapter 49 of the Laws of New York (1988), the Common Council does hereby appoint the following persons as marriage officers for the period of January 17, 2024 to December 31, 2025: Rocco Giruzzi, Common Council President Katie Aiello, 1st District Councilmember Robert Burmaster, 2nd District Councilmember Joseph Betar, 3rd District Councilmember Frank Carcone, 4th District Councilmember Venice Ervin, 5th District Councilmember Joseph Betrus, Jr., 6th District Councilmember Mark Williamson, Councilmember-at-large Samantha Colosimo-Testa, Councilmember-at-large Jack LoMedico, Councilmember-at-large FURTHER RESOLVED, that this resolution shall take effect immediately. 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 18th day of January, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 09 / 24 Proposed Resolution No. 3 Sent to Council Attorney on 01 / 09 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Colosimo-Testa An audit into the appropriation of spending in regards to ALL paving, including, streets, sidewalks, parking lots, etc., for the years of 2021-2023 in the City of Utica. WHEREAS, the council has been asked to appropriate additional funding in regards to paving, and where no answers have been given into who approved the authorization in additional paving and, WHEREAS, it is the council’s financial responsibility to investigate, and thoroughly understand how additional funds were spent, who authorized the additional spending, and why additional funds were spent. NOW THEREFORE BE IT RESOLVED, that the common council request an investigation, an audit into the contracts that were entered for paving, including ARPA spending, paving regarding the local law, and any additional paving, associated with the 2021-2023 years, and it include, the Comptroller, council ARPA spending, Engineering, Mayor, and any other department involved and, BE IT FURTHER RESOLVED, that a report be given to the committee of the whole, for further recommendations and explanation into the findings of the audit. 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 Sponsored by: Councilmembers Burmaster, Williamson January 17, 2024 Calling for a Public Hearing on the Sale of 318.8-1-41 Division Street, 318.8-1-42, 318.8-1-43, 318.8- 1-47 Water Street, 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency is the owner of 318.8-1-41 Division St, 318.8-1-42, 318.8- 1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St.; 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 318.8-1-41 Division St, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St. has been received by the Utica Urban Renewal Agency from the Masonic Medical Research Institute; and WHEREAS, the developer plans to construct a 100,000 (+) square foot research laboratory; and WHEREAS, the purchase price for this property is $135,000.00; 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 Daily 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, February 7, 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 318.8-1-41 Division St, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St. 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 18th day of January, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 12 / 29 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 29 / 23 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson Ordinance approving the designation of Masonic Medical Research Institute as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.8-1-41 Division Street, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water Street., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.8-1-41 Division St, 318.8-1-42, 318.8-1- 43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St.; 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 Masonic Medical Research Institute; and the developer proposes to purchase 318.8-1-41 Division St, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St. to construct a 100,000 (+) square foot research laboratory; and the purchase will require the payment of $135,000.00; 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, February 7, 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 $135,000.00; 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  Submitted to council by: Councilmember LoMedico, Burmaster Proposed Ordinance No. 6 Submitted to council on: 01 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 01 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers LoMedico, Burmaster AN ORDINANCE AMENDING SECTION 2-2-104 OF THE UTICA CITY CODE BY ADDING PARAGRAPH (D) BE IT ORDAINED, by the Common Council of the City of Utica does hereby amend Section 2-2-104 of the Utica City Code as follows: Chapter 2-2 Administration Article IV Finance Sec. 2-2-104 Capital Reserve Fund to Finance Paving (a) Pursuant to § 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund, to be known as the “Paving Reserve Fund” (hereinafter referred to as “Reserve Fund”). The purpose of this Reserve Fund is to finance the cost of a type of capital improvement. The type of capital improvement to be financed from the Reserve Fund is paving. (b) The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by § 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by § 11 of the General Municipal Law, and consistent with the investment policy of the City of Utica. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the Fund, interest earned by the Fund, capital gains or losses resulting from the sale of investments of the Fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board of Estimate and Apportionment a detailed report of the operations and condition of the Reserve Fund. (c) Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditures shall be made from this Reserve Fund without the approval of the Board of Estimate and Apportionment and such additional actions or proceedings as may be required by § 6-c of the General Municipal Law, or any other law.  (d) Notwithstanding the provisions set forth in section (c) above, should the City Engineer become aware that the cost of going forth with the year’s paving plan will exceed the funds available, and if the Administration desires to complete said paving plan with additional allocation of funds or bonding thereof, the Administration may do so with express consent of the Common Council prior to the encumbrance of additional debt to the City of Utica. 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: 4 City of Utica Department of Legislation In Common Council January 17, 2024 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo- Testa, LoMedico Adding Common Council Minutes to the City of Utica Website to be Translated WHEREAS, the City of Utica is one rich in Cultural Diversity, welcoming those from all corners of the globe and, WHEREAS, currently the full minutes of all Common Council Meetings are posted to Ecode-360 in English for the public to view. In order to further serve the City of Utica and its residents, and with respect to those who speak English as a second language, the Common Council of the City of Utica would like to use the City of Utica’s translate function on its website and allow the minutes of held Common Council Meetings to be translated to all languages provided by the program, and RESOLVED, that the Common Council for the City of Utica does hereby authorize and direct the written minutes of held Council Meetings to be posted on the City of Utica website for translation 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 18th day of January, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law Ordinance: 6 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson January 17, 2024 AN ORDINANCE ENACTING MORATORIUM ON MARIJUANA DISPENSARIES IN THE CITY OF UTICA WHEREAS, since the adoption of the new Zoning Law on February 3, 2021, new questions have arisen with regard to terms and application of marijuana dispensaries, and WHEREAS, on March 31, 2021, New York State legalized the adult use of cannabis/marijuana and established the Office of Cannabis Management, which issues licenses to sell marijuana within the State; and WHEREAS, it has been determined by the City of Utica that the locations of marijuana dispensaries 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, and WHEREAS, this moratorium does not apply to any applications properly submitted and presently pending before the appropriate city agency or to any permits or permission to establish a dispensary that were previously granted; and 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, variance or permit for the development and/or establishment of any Marijuana Dispensaries regardless of current zoning classifications, for a period six months, commencing January 17, 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 an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 17th day of June, 2023 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law Resolution: 5 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson January 17, 2024 RESOLUTION APPROVING AGREEMENT TO OPERATE AND MANAGE THE UTICA ZOO WHEREAS, the Utica Zoological Society has successfully operated and managed the Utica Zoo for a number of years, and WHEREAS, this arrangement, although to the mutual benefit of both parties and the people of Utica and surrounding area, has not been formalized into a written agreement, and WHEREAS, the administration and the Zoological Society have negotiated a written agreement to formalize and continue the operation of the Utica Zoo, it is hereby RESOLVED, that the agreement between the City of Utica and the Utica Zoological Society for the operation and management of the facilities at the Utica Zoo located at Roscoe Conkling Park, substantially as attached hereto is hereby APPROVED. FURTHER RESOLVED, the Mayor is hereby authorized to execute any documents necessary to implement this resolution. 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 18th day of January, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk