Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting June 17, 2024 The meeting is called to order at 7:00 P.M. Melissa Sciortino, City Clerk Andrew Castilla, Deputy City Clerk; 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, 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; Howard Brodt, UPD; Scott Ingersoll, UFD Stephanie DiGiorgio, Corporation Counsel; Michael Gentile, Chief of Staff; Nicholas Bridenbecker, Engineering A motion to waive the reading of the minutes from the previous meeting made by Councilmember LoMedico The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 0 Speaker signed up for Public Comment Period 0 Speaker signed up for Public Hearing PRO. RES. 1 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 1 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted PRO. ORD. 2 – ORDINANCE ADOPTING SEC. 2-18-2 A motion by Councilmember Colosimo-Testa to discharge Pro. Ord. 2 Motion seconded by Councilmember Betrus Ayes: Carcone, Ervin, Betrus, Williamson, Colosimo-Testa – 5 Nays: Aiello, Burmaster, LoMedico – 3 Discharged PRO. RES. 3 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember LoMedico to move Pro. Res. 3 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted PRO. ORD. 4 – RESIDENCY WAIVER A motion by Councilmember LoMedico to move Pro. Ord. 4 Motion seconded by Councilmember Carcone Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted as Ordinance #80 of 2024 A motion by Councilmember Colosimo-Testa to pull PRO. ORD. 10 from Committee of the Whole Motion seconded by Councilmember Carcone Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted as Ordinance #81 of 2024 A motion by Councilmember LoMedico to pull PRO. ORD. 11 from Committee of the Whole Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted as Ordinance #82 of 2024 A motion by Councilmember LoMedico to pull PRO. RES. 4 from Committee of the Whole Motion seconded by Councilmember Betrus A motion by Councilmember LoMedico to amend PRO. RES. 4, setting the meeting dates to July 17th and August 7th Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted as Ordinance #83 of 2024 A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember LoMedico President Pro-Temp Betar Adjourned: 7:41 P.M. Certify To: Budget, Comptroller Resolution: 1 City of Utica Department of Legislation In Common Council June 17th, 2024 Sponsored by: Councilmembers Burmaster, Williamson AUTHORIZING SALE OF BEER AND WINE TO UTICA CENTER FOR DEVELOPMENT 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. 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: Utica Center for Development Name of Event: July 4th Celebration Date of Event: Thursday July 4th 2024, 5PM to 10PM Location of Event: Proctor Park 900 Culver Ave. Utica NY 13501 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. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 June, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Aiello Proposed Ordinance No. 2 Submitted to council on: 06 / 12 / 24 Proposed Resolution No. Sent to Council Attorney on: 06 / 12 / 24 Thursday Rule Waiver Required? N Date of Legislation: 06 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello ORDINANCE ADOPTING SECTION 2-18-2 OF THE CITY OF UTICA CODE OF ORDINANCES WHEREAS, flag raisings and ceremonial events have been conducted on special days by representative members of foreign nations, organizations and others who are a part of the community in the City of Utica, and BE IT ORDAINED, that the Common Council for the City of Utica adopts Section 2- 18-2 of the City of Utica Code of Ordinances: Section 2-18-2: Monuments, Flags and Flag Raisings A. Monuments: The Common Council shall be provided with all documentation for the erection of any monuments for whatever purpose and shall enter into a contract for some as provided by law B. Temporary Monuments: When the City of Utica has agreed to post temporary monuments or photos of persons or scenes, the applicant must make a request for the same and enter into a formal written agreement as to the nature of the object to be temporarily placed, the cost thereof and the length of time of displaying C. Flag Raisings: 1. A flag raising request must be made in writing at least four (4) weeks prior to the requested date. Applicants must fill out a flag raising request form at the Office of the City Clerk where it will be filed and sent to the Office of the Mayor. 2. The Mayor of the City of Utica may attend all flag raisings. If the Mayor is unavailable, a representative may be sent in place with prior notice given to the applicant. 3. All flags must have eyelets in order to be flown. The flag will stay up until the close of business on the day it was raised. The applicant must provide appropriate accommodations to people with disabilities upon request. Examples include: interpreters and materials in alternative formats. If the applicant plans on playing music, the applicant must provide their own electronic device. 4. If the applicant is requesting a proclamation from the Office of the Mayor or the Common Council to be read at the flag raising, a written request must be submitted to the Office of the City Clerk. 5. After the completed flag raising application has been submitted to the Office of the City Clerk, a member from said office will contact the applicant to confirm date and time.  6. The City’s flagpoles are not intended to serve as a forum for free expression by the public. Only the following flags may be displayed by the City as an Expression of the City’s official sentiments: a. Federal, State and City flags b. Flags for recognized Federal and State holidays c. Flags of Governments recognized by the United States d. Other flags may be displayed in conjunction with official actions, ceremonial items or proclamations of the City 7. No request for a flag raising will be denied based on sex, religion, national origin, creed, color or other act that has been decided discriminatory 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: 2 City of Utica Department of Legislation In Common Council June 17th, 2024 Sponsored by: Councilmembers Burmaster, Williamson AUTHORIZING SALE OF BEER AND WINE TO THE UTICA ZOO 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. 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: Utica Zoo Name of Event: Brewfest Date of Event: Saturday August 3, 6PM to 9PM Location of Event: The Utica Zoo 1 Utica Zoo Way Utica NY 13501 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. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 June, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law Ordinance: 80 CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson June 17th, 2024 ORDINANCE WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF DPW LABORER WHEREAS, the City has conducted an extensive search and advertisement for the position of DPW Laborer and is having difficulties finding qualified and hard-working candidates; and WHEREAS, he would be an asset to the department, as he is very eager to learn and ambitious; WHEREAS, the individual currently resides in Herkimer; and WHEREAS, Mr. Beach would like to reside outside the City limits; and WHEREAS, §2.045(b) of the Utica City Charter authorizes the Common Council by ordinance to waive the residency requirement in certain situations; and ORDAINED, pursuant to §2.045(b) of the Utica City Charter, and for the reasons cited above, the Common Council of the City of Utica hereby waives the residency requirement provided for therein to permit the appointment of Logan Beach, 613 Ronald St., Herkimer, to the position of DPW Laborer in the City of Utica. FURTHER ORDAINED, this waiver applies to this individual in this position only, and will not be applicable to any future applicants for the position, unless otherwise determined by the ordinance of the Common Council. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 18th day of June, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 81 CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster June 17th, 2024 Ordinance approving the designation of Mance Cuplov as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1014 Taylor Avenue WHEREAS, The Utica Urban Renewal Agency has acquired 1014 Taylor Avenue; 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 Mance Cuplov; and the developer proposes to purchase 1014 Taylor Avenue to create additional parking for his adjacent property; and the purchase will require the payment of $250.00; 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 Monday, June 17, 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. 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 ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER 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. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 18th day of June, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 82 CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin June 17th, 2024 Ordinance approving the designation of Jamie Quito as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.74-2-25, & 318.74-2-33 Seymour Avenue, 318.74-2-26, 318.74-2-27 & 334 Leah Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.74-2-25, & 318.74-2-33 Seymour Avenue, 318.74-2-26, 318.74-2-27 & 334 Leah Street; 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 Jamie Quito; and the developer proposes to purchase 318.74-2-25, & 318.74-2-33 Seymour Avenue, 318.74-2-26, 318.74-2-27 & 334 Leah Street and intends beautify, add sidewalks & trees (by the end of 2024) and build 2 homes to be completed by the end of 2026; and the purchase will require the payment of $3,750.00; 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 Monday, June 17, 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. 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 ORDAINED: That the purchase price for the above said property is $3,750.00; and FURTHER 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. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 18th day of June, 2024 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 City of Utica Department of Legislation In Common Council June 17th, 2024 Sponsored by: Councilmembers Burmaster, Williamson ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS RESOLVED, that the Common Council does hereby schedule its regular July Common Council meeting for Wednesday July 17, 2024 at 7pm and its August Common Council meeting for Wednesday August 7, 2024 at 7:00pm in the Common Council Chambers. Yeas: Aiello, Burmaster, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 8 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 June, 2024 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk