Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting February 5th 2025 The meeting is called to order at 7:00 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, 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; Ed Noonan, UPD; Stephanie DiGiorgio, Corporation Counsel; Michael Gentile, Chief of Staff; Brian Thomas, Commissioner, UED; Mark Sokolowski, DPW; Marques Phillips, Commissioner of Codes; Nicholas Bridenbecker, Engineering; Scott Ingersoll, Chief, UFD A motion to waive the reading of the minutes from the previous meeting made by Councilmember Colosimo-Testa The motion is seconded by Councilmember Williamson 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, 2, 6, 7,8,9 – COMMISSIONER OF DEEDS A motion by Councilmember Colosimo-Testa to move Pro. Res. 1,2,6,7,8,9 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 3 – NO PARKING DURING CERTAIN HOURS A motion by Councilmember Colosimo-Testa to move Pro. Ord. 3 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #5 of 2025 PRO. ORD. 4 – STOPPING AND STANDING A motion by Councilmember Colosimo-Testa to move Pro. Ord. 4 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #6 of 2025 PRO. RES. 5 – REVENUE ANTICIPATION NOTE RESOLUTION A motion by Councilmember Colosimo-Testa to place Pro. Res. 5 in Committee of the Whole Motion seconded by Councilmember Burmaster None Opposed Placed in Committee of the Whole INTRO. LOCAL LAW #1 OF 2025 – A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C A motion by Councilmember Colosimo-Testa to table Intro. Local Law #1 Motion seconded by Councilmember Williamson None Opposed Tabled A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember Burmaster President Giruzzi Adjourned: 7:19 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Marianne Brooks 422 Sunlit Ter Utica NY 13502 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Valeri Jean Keeler 2807 Leibel Place Utica, NY 13501 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Mary E. Finegan 24 Danberry Road New Hartford NY 13413 (County Employee) 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Sadie Langdon 5 Victory Parkway Whitesboro NY 13492 (County Employee) 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Angela Tiffany 406 Larchmont Ave Utica NY 13502 (County Employee) 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Tina Yati 1511 Gibson Road Utica NY 13501 (County Employee) 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #5 of 2025 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmember Colosimo-Testa ORDAINED, SEC. 2-16-361 SCHEDULE F: NO PARKING DURING CERTAIN HOURS. Hollingsworth Ave, north and south side between Wetmore St. and Albany St. on school days from 8:00 a.m. to 4:00 p.m. (This survey was completed in 2017/2018 RMS 17-55477. The following proposed legislation was presented, however is not on the books at the City Clerk's office.) ADD (2.5.25) 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 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #6 of 2025 CITY OF UTICA Department of Legislation Common Council February 5th, 2025 Sponsored by: Councilmember Colosimo-Testa ORDAINED, SEC. 2-16-375 SCHEDULE T: STOPPING AND STANDING PROHIBITED. Hollingsworth Ave, north and south side between Wetmore St. and Albany St. on school days from 8:00 a.m. to 4:00 p.m. (There are also currently signs emplaced on the north and south curbline in the area of concern that reflect the above and display the following: No Stopping, Standing, or Parking during School Hours 8AM -4PM.) The following proposed legislation was presented, however is not on the books at the City Clerk's office. ADD (2.5.25) 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 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 6th day of February, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Comptrollers Proposed Ordinance No. Submitted to council on: 01/ 28 / 25 Proposed Resolution No. 5 Sent to Council Attorney on: 02 / 28 / 25 Thursday Rule Waiver Required? N Date of Legislation: 02 / 05 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson REVENUE ANTICIPATION NOTE RESOLUTION DATED, FEBRUARY 5th, 2025 A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO 5,000,000 IN REVENUE ANTICIPATION NOTES OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK IN ANTICIPATION OF THE RECEIPT OF CERTAIN REVENUE DUE DURING THE FISCAL YEAR ENDING MARCH 31, 2025. BE IT RESOLVED by the Common Council of the City of Utica, Oneida County, New York (the "City") as follows: Section 1. There are hereby authorized to be issued Revenue Anticipation Notes (the "Notes") of the City in anticipation of the receipt of aid payments from the State of New York, which are due during the City’s fiscal year ending March 31, 2025 (the "Revenue"). Section 2. The amount of such Revenue estimated in the City's 2025 annual budget which is uncollected on the date of this resolution exceeds $5,000,000. Section 3. The maximum amount of Notes authorized to be issued is $5,000,000. Section 4. The Notes shall be of such amount, terms, form and content, and shall be sold in such manner as may be prescribed by the City Comptroller, the chief fiscal officer of the City, consistent with the provisions of this resolution and the Local Finance Law. Section 5. Pursuant to the authority delegated in this resolution, the City Comptroller may issue Notes during the City's 2025 fiscal year in an amount not in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any outstanding revenue anticipation notes previously issued in anticipation of the collection or receipt of the Revenue. Section 6. The period of maturity of the Notes shall not exceed one year. The Notes may be renewed from time to time, but each renewal shall be for a period not exceeding one year and in no event shall the Notes, or the renewals thereof, extend beyond the close of the second fiscal year succeeding the fiscal year in which the Notes are issued. The Notes shall not be renewed in an amount in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any other outstanding revenue anticipation notes issued in anticipation of the collection or receipt of such Revenue. Section 7. The faith and credit of the City shall be and are hereby pledged for the punctual payment of the principal of and interest due on the Note as the same shall become due and payable. Section 8. The Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Notes as required by Securities and Exchange Commission Rule 15c2-12, as amended. 1 Error! Unknown document property name.  Section 9. This resolution shall take effect immediately upon its adoption. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi 2 Error! Unknown document property name.  Submitted to council by: Law Proposed Ordinance No. Submitted to council on: 02 / 05 / 25 Proposed Resolution No. Sent to Council Attorney on: 02 / 05 / 25 Thursday Rule Waiver Required? N Date of Legislation: 02 / 05 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson Local Law No. __ of 2025 Introductory Local Law No. 1 of 2025 A LOCAL LAW AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C Presented and read on: February 5th 2025 Laid on the Table: February 5th 2025 Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2025. Became a Local Law with the approval of the Mayor on __________, 2025, after a public hearing on __________, 2025. BE IT 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% of 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, 2018 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, 2025. 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 _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi