Common Council Meeting Minutes

City of Utica Common Council – Special Meeting March 18, 2024 The meeting is called to order at 6:46 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; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Ed Noonan, UPD; Stephanie DiGiorgio, Corporation Counsel; Michael Gentile, Chief of Staff; Brian Thomas, Commissioner, UED Mark Sokolowski, DPW PRO. ORD. 1 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 1 Motion seconded by Councilmember Williamson None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 1 in Committee of the Whole Motion seconded by Councilmember Williamson None Opposed Placed in Committee of the Whole PRO. ORD. 2 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 2 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 2 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 3 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 3 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 3 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 4 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 4 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 5 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 5 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 5 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 6 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 6 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 7 – BUDGET AMENDMENT A motion by Councilmember Colosimo-Testa to introduce Pro. Ord. 7 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Colosimo-Testa to place Pro. Ord. 7 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 9 – BUDGET AMENDMENT A motion by Councilmember LoMedico to introduce Pro. Ord. 9 Motion seconded by Councilmember Aiello None Opposed A motion by Councilmember LoMedico to place Pro. Ord. 9 in Committee of the Whole Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Ervin, LoMedico – 5 Nays: Carcone, Williamson, Colosimo-Testa – 3 Placed in Committee of the Whole PRO. ORD. 10 – BUDGET AMENDMENT A motion by Councilmember Aiello to introduce Pro. Ord. 10 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Aiello to place Pro. Ord. 10 in Committee of the Whole Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Ervin, LoMedico – 5 Nays: Carcone, Williamson, Colosimo-Testa – 3 Placed in Committee of the Whole PRO. ORD. 11 – BUDGET AMENDMENT A motion by Councilmember Aiello to introduce Pro. Ord. 11 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Aiello to place Pro. Ord. 11 in Committee of the Whole Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Ervin, LoMedico – 5 Nays: Carcone, Williamson, Colosimo-Testa – 3 Placed in Committee of the Whole PRO. ORD. 12 – BUDGET AMENDMENT A motion by Councilmember Aiello to introduce Pro. Ord. 12 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Aiello to place Pro. Ord. 12 in Committee of the Whole Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Ervin, LoMedico – 5 Nays: Carcone, Williamson, Colosimo-Testa – 3 Placed in Committee of the Whole PRO. ORD. 13 – BUDGET AMENDMENT A motion by Councilmember Aiello to introduce Pro. Ord. 13 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Aiello to place Pro. Ord. 13 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. ORD. 14 – BUDGET AMENDMENT A motion by Councilmember Aiello to introduce Pro. Ord. 14 Motion seconded by Councilmember LoMedico None Opposed A motion by Councilmember Aiello to place Pro. Ord. 14 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 7:03 P.M.  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 1 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change City Clerk A404 125502 Marriage Fees $9,500 $17,500 $8,000 Rationale: Raising the cost of Marriage Fees 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 Colosimo-Testa Proposed Ordinance No. 2 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change Engineering A51440 102 Wages $100,088 $85,088 -$15,000 Rationale: Decrease to match prior years wage 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 Colosimo-Testa Proposed Ordinance No. 3 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change Facilities A51621 461 Repairs $40,000 $20,000 -$20,000 Rationale: Decrease to match prior year 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 Colosimo-Testa Proposed Ordinance No. 4 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change Liability A51930 431 Insurances $475,000 $450,000 -$25,000 Rationale: Decrease amount to match prior year 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 Colosimo-Testa Proposed Ordinance No. 5 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change Liability A51930 432 Judgements & Settlements $350,000 $150,000 -$200,000 Rationale: Decrease amount, overage was transferred out through E&A last year 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 Colosimo-Testa Proposed Ordinance No. 6 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change Law A51420 101 Salaries $675,000 $625,000 -$50,000 Rationale: Decrease salaries to match COLA 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 Colosimo-Testa Proposed Ordinance No. 7 Submitted to council on: 03 / 8 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 8 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Carcone, Betrus, Williamson, Colosimo-Testa Amending Section 2-11-2 BE IT ORDAINED, that Section 2-11-2 of the City of Utica Code of Ordinances be amended as follows: Sec. 2-11-2. Fees for marriage licenses and certificates. Fees for marriage licenses and certificates. The city clerk may increase the fee for a marriage license, including the certificate of marriage registration, to $10 $20 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 Aiello Proposed Ordinance No. 9 Submitted to council on: 03 / 18 / 24 Proposed Resolution No. Sent to Council Attorney on: Thursday Rule Waiver Required? Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change POLICE UNIFORM A53123 101 SALARIES $9,897,307 $9,796,154 -$101,153 DIVISION Rationale: ERROR: Removing 2 extra unfilled positions (totaling $201,253) and adding salary for 1 unfilled position (totaling $100,100) to reflect correct composition allowance per Sec. 2-2-167. 7 Lieutenant salaries are listed when our composition only allows for 6. REMOVE $111,187 salary for the extra (unfilled) Lieutenant position. 112 Police Officer salaries are listed when our composition only allows for 111. REMOVE $90,066 salary for the extra (unfilled) Police Officer position. 25 Sergeant salaries are listed when our composition allows for 26. ADD $100,100 salary for the not listed (unfilled) Sergeant position. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Aiello Proposed Ordinance No. 10 Submitted to council on: 03 / 18 / 24 Proposed Resolution No. Sent to Council Attorney on: Thursday Rule Waiver Required? Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change POLICE UNIFORM A53123 802 SOCIAL SECURITY $842,225 $834,487 -$7,738 DIVISION Rationale: ERROR: Removing 2 extra unfilled positions (totaling $15,395) and adding social security for 1 unfilled position (totaling $7,657) to reflect correct composition allowance per Sec. 2-2-167. 7 Lieutenant positions are listed when our composition only allows for 6. REMOVE $8,505 social security for the extra (unfilled) Lieutenant position. 112 Police Officer positions are listed when our composition only allows for 111. REMOVE $6,890 social security for the extra (unfilled) Police Officer position. 25 Sergeant positions are listed when our composition allows for 26. ADD $7,657 social security for the not listed (unfilled) Sergeant position. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Aiello Proposed Ordinance No. 11 Submitted to council on: 03 / 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title POLICE CRIMINAL A53124 101 SALARIES INVESTIGATION Rationale: Error: 23 investigator salaries are listed when our composition only allows for 22 per Sec. 2-2-167. Remove salary for the extra (unfilled) investigator position. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Aiello Proposed Ordinance No. 12 Submitted to council on: 03 / 15 / 24 Proposed Resolution No. Sent to Council Attorney on: / / Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change POLICE CRIMINAL A53124 802 SOCIAL SECURITY $359,755 $352,590 -$7,165 INVESTIGATION Rationale: ERROR: 23 investigator positions are listed when our composition only allows for 22 per Sec. 2-2-167. Remove social security for the extra (unfilled) investigator position. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  13 Submitted to council by: Councilmember Aiello Proposed Ordinance No. Submitted to council on: 03 / 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change STREET LIGHTING Rationale: Electric service costs for street lighting has dropped 37% since 2020-2021 due to replacing street lights with LED lighting. Current costs are projected to not exceed $1,000,000. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Aiello Proposed Ordinance No. 14 Submitted to council on: 03 / 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 03 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 03 / 19 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, LoMedico, Aiello, Betar, Ervin BUDGET AMENDMENT BE IT ORDAINED, that the Annual Estimate is hereby amended as follows: Dept./Bureau Account # Account Title From To Change DEPARTMENTAL INCOME A404 124007 TAX SEARCH FEES $30,000 $50,000 $20,000 Rationale: Per the request of our Comptroller, on 9/20/23 the council voted to increase Tax Search Fees (for the first time since 1996) from $30 to $50. The City of Utica receives an average of ~1,000 tax search inquiries per year. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY THE FOLLOWING VOTE: 1 K. Aiello 6 J. Betrus AYES _______ NAYS _______ 2 R. Burmaster 7 M. Williamson DATE ADOPTED _____/_____/ 2024 3 J. Betar 8 S. Colosimo-Testa 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi