Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting March 06, 2024 The meeting is called to order at 7:01 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; Stanley Fernald, UPD; Stephanie DiGiorgio, Corporation Counsel; Jim Noon, Deputy Chief, UFD; 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 Williamson The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 9 Speakers signed up for Public Comment Period PRO. ORD. 1 – NO PARKING AT ALL TIMES A motion by Councilmember Aiello to move Pro. Ord. 1 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #14 of 2024 PRO. ORD. 2 – LIMITED PARKING A motion by Councilmember Aiello to move Pro. Ord. 2 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9  Nays: 0 Adopted as Ordinance #15 of 2024 PRO. ORD. 3 – NO PARKING AT ALL TIMES A motion by Councilmember Aiello to move Pro. Ord. 3 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #16 of 2024 PRO. ORD. 4 – ALTERNATE TWENTY-FOUR HOUR PARKING A motion by Councilmember Aiello to move Pro. Ord. 4 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #17 of 2024 PRO. ORD. 5 – NO PARKING AT ALL TIMES A motion by Councilmember Aiello to move Pro. Ord. 5 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #18 of 2024 PRO. ORD. 6 – E & A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 6 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #19 of 2024 PRO. ORD. 7 – E & A TRANSFER A motion by Councilmember Burmaster to move Pro. Ord. 7 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #20 of 2024 A motion by Councilmember Aiello to pull INTRO. LOCAL LAW #1 OF 2024 from the table Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember Colosimo-Testa President Giruzzi Adjourned: 7:55 P.M. Certify To: Budget, Comptroller, Sign Shop Ordinance: 14 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello March 6th, 2024 NO PARKING AT ALL TIMES BE IT ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times: • Cornelia Street, east side, between Lafayette Street and Oriskany Street West. (r) • Cornelia Street, west side, between Oriskany Street West and Lafayette Street. (r) • Cornelia Street, east side, between Columbia Street and Cooper Street. (r) BE RESCINDED (3.6.24) 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 15 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello March 6th, 2024 LIMITED PARKING BE IT ORDAINED, Sec. 2-16-363 Schedule H: Limited Parking • Cornelia Street, west side from Columbia Street and Court Street (r) BE RESCINDED (3.6.24) 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 16 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello March 6th, 2024 NO PARKING AT ALL TIMES BE IT ORDAINED, Sec. 2-16-360 Schedule E: No parking at all times • Cornelia Street North between Oriskany Street West to Wynn Hospital Drive, (formally known as Lafayette Street), along both the Eastern and Western curb lines, no parking anytime • Cornelia Street South between Columbia Street and Court Street, along the Western curb line, no parking anytime. (AMENDED 3.6.24) 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 17 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello March 6th, 2024 ALTERNATE TWENTY-FOUR-HOUR PARKING BE IT ORDAINED, Sec. 2-16-377 Schedule V: Alternate twenty-four-hour parking. • 600 Block of Mary Street from Mohawk Street to Third Ave. BE RESCINDED (3.6.24) 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop Ordinance: 18 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Aiello March 6th, 2024 NO PARKING AT ALL TIMES BE IT ORDAINED, Sec. 2-16-360 Schedule E: No parking at all times. • 600 Block of Mary St. North side from Mohawk St. westbound to Third Ave. Added (3.6.24) 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, DPW Ordinance: 19 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson Board of Estimate & Apportionment 2024 – 2025 Fiscal Year BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: FROM: A51930 432 Judgements & Settlements $150,000.00 TO: A58170 402 Street Cleaning Supplies $150,000.00 EXPLANATION: To pay Cargill for salt purchases remaining on NYS Contract. Total due is roughly $200,000. ACCOUNT NO: NAME OF ACCOUNT AMOUNT A51930.432 Original Budget: $350,000.00 Revised Budget with Transfer: $200,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 143,416.66 Balance Before Transfer: 206,583.34 Percentage Used (Original Budget): 40.98% Percentage Used (Revised Budget): 71.71% ACCOUNT NO: NAME OF ACCOUNT AMOUNT A58170.402 Original Budget: $450,000.00 Revised Budget with Transfer: $600,000.00 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 381,435.78 Balance Before Transfer: 68,564.22 Percentage Used (Original Budget): 84.76% Percentage Used (Revised Budget): 63.57% 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, UFD Ordinance: 20 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson Board of Estimate & Apportionment 2024 – 2025 Fiscal Year BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: FROM: A53418 106 FIRE EMT-REPLACE OT $392,870.60 TO: A53412 106 FIRE LINE - REPLACE OT $392,870.60 EXPLANATION: Per request of the Fire Department - to cover some replacement overtime from April 2023 to February 2024 ACCOUNT NO: NAME OF ACCOUNT AMOUNT A53418.106 Original Budget: $400,000.00 Revised Budget with Transfer: $7,129.40 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 7,129.40 Balance Before Transfer: 392,870.60 Percentage Used (Original Budget): 1.78% Percentage Used (Revised Budget): 100.00% ACCOUNT NO: NAME OF ACCOUNT AMOUNT A53412.106 Original Budget: $450,000.00 Revised Budget with Transfer: $842,870.60 Transfers in: 0.00 Transfers out: 0.00 Expended & Encumbered: 1,002,718.12 Balance Before Transfer: (552,718.12) Percentage Used (Original Budget): 222.83% Percentage Used (Revised Budget): 118.96% 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 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Burmaster, Williamson March 6th, 2024 Local Law No. 1 of 2024 Introductory Local Law No. 1 of 2024 A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C Presented and read February 7, 2024 Laid on the Table February 7, 2024 Adopted by the Common Council by a vote of YEAS: 9, NAYS: 0, on March 06, 2024. Became a Local Law with the approval of the Mayor on __________, 2024, after a public hearing on __________, 2024. ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA; Section 1. Legislative Intent It is the intent of this local law to allow the City of Utica to adopt a budget for the next fiscal year that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law Section 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of the General Municipal Law Section 3-c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent 60% if said governing body. Section 3. Tax Levy Limit Override The City of Utica, is hereby authorized to adopt or implement a budget pursuant to law for the fiscal year commencing April l, 2024 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law Section 3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or  part of this local law or the application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall be operative for the fiscal year commencing April l, 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 Local Law 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 Local Law. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 7th day of March, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk