Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting April 2nd 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; Michael Gentile, Chief of Staff; Brian Thomas, Commissioner, UED; Mark Sokolowski, DPW; Nicholas Bridenbecker, Engineering; Jim Noon, Deputy Chief, UFD; Scott Ingersoll, Fire Chief, UFD; Almir Kaltak, Budget Director A motion to waive the reading of the minutes from the previous meeting made by Councilmember Aiello The motion is seconded by Councilmember Colosimo-Testa None opposed: Minutes accepted and reading waived 4 Speaker signed up for Public Comment Period PRO. RES. 1 – RESOLUTION REAFFIRMING 2018 UTICA PARKS AND REC MASTER PLAN A motion by Councilmember Colosimo-Testa to move Pro. Res. 1 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 2 – PROCLAMATION FOR WORLD PARKINSONS DAY A motion by Councilmember Aiello to move Pro. Res. 2 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 3 – BOND ORDINANCE A motion by Councilmember Aiello to move Pro. Ord. 3 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #61 of 2025 PRO. ORD. 4 – ORDINANCE AUTHORIZING THE CONSTRUCTION AND PLACEMENT OF A SEBILJ A motion by Councilmember Aiello to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Colosimo-Testa None Opposed Placed in Committee of the Whole PRO. RES. 5 – RESOLUTION IN SUPPORT OF THE CURRENT FIRE COMPLEMENT A motion by Councilmember LoMedico to place Pro. Res. 5 in Committee of the Whole Motion seconded by Councilmember Aiello None Opposed Placed in Committee of the Whole A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 7:31 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council April 16th, 2025 Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION REAFFIRMING 2018 UTICA PARKS AND RECREATION MASTER PLAN IN ACCORDANCE WITH THE REQUIREMENTS FOR THE MUNICIPAL PARKS AND RECREATION GRANT WHEREAS, grant funding has been made available through the State of New York, administered by the Office of Parks, Recreation and Historic Preservation (OPRHP). The funding program, Municipal Parks and Recreation Grant, aims to develop new municipal parks and to improve natural, ecological, cultural, and recreational resources within existing municipal parks. Funding is available for several eligible activities, including: construction of recreational facilities and other improvements to municipal recreation sites and parks; and WHEREAS, under the regulations of the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (the “Bond Act”), through Article 58, Title 5 of the Environmental Conservation Law, the City of Utica is eligible to submit a request for State assistance of up to $1 million. The City is proposing to submit an application for the rehabilitation of Quinn Playground and Pixley Park; and WHEREAS, the grant requires an explanation of how the project relates to and advances regional, municipal, or community planning initiatives; and WHEREAS, the grant requires that if the plan identifying the need for a project is 5 years or older, to provide a resolution reaffirming the local plan; and WHEREAS, the Utica Parks and Recreation Master Plan was completed in November 2018 and is over five years old; and RESOLVED the Common Council of the City of Utica, New York reaffirms the 2018 Utica Parks and Recreation Master Plan in accordance with the requirements for the Municipal Parks and Recreation Grant. The Council finds that the proposed project is consistent with the City’s 2018 parks master plan as the goals included: identify future recreational needs, goals, programming, and maintenance requirements for each individual existing park. Additionally, the Council finds that the $1 million request will enhance and preserve community resources at Quinn Playground and Pixley Park. FURTHER RESOLVED THAT the Common Council hereby authorizes the Mayor to submit this OPRHP project to the State of New York and authorizes the Mayor to enter into any and all necessary agreements upon successful award of the funding proposal. 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 17th day of April, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council April 16th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico Proclamation for World Parkinson’s Day WHEREAS, Parkinson's disease is a chronic, progressive neurological disorder that affects millions worldwide, impacting motor skills, cognitive function, and overall quality of life; and WHEREAS, April 11th is recognized as World Parkinson's Day, a day to raise awareness, promote understanding, and celebrate the resilience of individuals living with Parkinson's; and WHEREAS, the City of Utica community joins Community Wellness Partners in committing to supporting those affected by Parkinson's and their families; and WHEREAS, increased research, education, and community support services are crucial to improving the lives of people with Parkinson's and finding a cure; RESOLVED, that the Common Council does hereby proclaim April 11th, 2025, as World Parkinson's Day in the City of Utica and call upon all citizens to join in efforts to raise awareness, support research, and promote understanding of Parkinson's disease. FURTHERMORE RESOLVED, that we encourage community members to participate in local events and activities to celebrate World Parkinson's Day and show their support for those affected by this disease. 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 17th day of April, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #61 of 2025 CITY OF UTICA Department of Legislation Common Council April 16th, 2025 Sponsored by: Councilmembers Burmaster, Williamson BOND ORDINANCE DATED April 16th, 2025 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF STREET PAVING PROJECTS. WHEREAS, all conditions precedent to the financing of the capital projects described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the "City") is hereby authorized to undertake the construction, reconstruction, or resurfacing of highways, roads, streets, parkways or parking areas, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights of way, with flexible pavement of a type described in Local Finance Law Section 11(a)(20)(c), at an estimated maximum cost of $2,000,000. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $2,000,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $2,000,000 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance. Section 3. It is hereby determined that the periods of probable usefulness of the aforesaid class of objects or purposes is fifteen (15) years pursuant to Local Finance Law Section 11.00(a)(20)(c). Section 4. Any federal or New York State grant funds received by the City for the capital purposes described in Section 1 of this resolution shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to the extent obligations shall not have been issued under this resolution, to reduce the amount to be borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby authorized to determine the allocation of any such federal or New York State grant funds for any one or more of the foregoing purposes. Section 5. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.  Section 6. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance. Section 7. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, including sale by electronic bidding, and the power to issue bonds providing for substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 9. This Ordinance shall constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulation Section 1.150- 2. Section 10. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 11. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution.  Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 13. This Ordinance is not subject to a mandatory or permissive referendum. Section 14. In the absence of the City Comptroller, the Deputy Comptroller of the City is hereby specifically authorized to exercise the powers delegated to the City Comptroller. Section 15. The Common Council hereby determines that the objects or purposes authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York State Environmental Quality Review Act (the "SEQR Act") and the regulations adopted pursuant thereto by the New York State Department of Environmental Conservation (the “Regulations”), and no further environmental review is required under the SEQRA Act and Regulations. Section 16. This Ordinance, which takes effect immediately, shall be published in full or summary form in the City’s the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico - 9 Nays: 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 17th day of April, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Law Department Proposed Ordinance No. 4 Submitted to council on: 04 / 16 / 25 Proposed Resolution No. Sent to Council Attorney on: 04 / 16 / 25 Thursday Rule Waiver Required? N Date of Legislation: 04 / 16 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AUTHORIZING THE CONSTRUTION AND PLACEMENT OF A SEBILJ STATUE WHEREAS, the Bosnian-American Community Association (BACA) of Utica, New York is seeking authority for the construction of a statue known as a “SEBILJ” on City property; and WHEREAS, the Common Council of the City of Utica previously granted the permission for construction of the “SEBILJ” on February 1, 2023; and WHEREAS, the BACA of Utica, New York in conjunction with the Engineering Department has finalized the proposed location and design for the “SEBILJ” and submitted a site plan for review and approval; and WHEREAS, the City of Utica is the owner of certain real property on Memorial Parkway and the proposed location (see attached site plan); WHEREAS, the project requires site plan approval by the Planning Board and the proposed site plan was referred to the planning board on April 16, 2025 for a site plan approval and SEQR and a report thereon; and WHEREAS, the Planning Board approved the site plan on ____________________; and BE IT ORDAINED, that the Common Council of the City of Utica does herby approve the request by the Bosnian-American Community Association (BACA) of Utica, New York to construct and build the above described statue known as “Sebilj” as approved by the Planning Board (see attached), and BE IT FURTHER ORDAINED, that all the expenses associated with the design and construction of the statue, as well as the cost of designing the site and perpetual care thereof, shall be borne by the Bosnian- American Community Association (BACA) and shall not involve the expenditures on the part of the City of Utica, and  BE IT FURTHER ORDAINED, that the construction of the “Sebilj” is approved upon the BACA Bosnian-American Community Association agreeing to defend, indemnify and save harmless the City of Utica from any claim or liability arising out of the construction of this project, and shall provide, either directly or through its contractors, public liability insurance in the amount of not less than $1,000,000, for bodily injury or property damage combined, which insurance shall name the City of Utica as an additional insured and the BACA Bosnian-American Community Association shall, prior to the beginning of construction, deliver a certificate of insurance showing said insurance to be in full force and effect to the Corporation Counsel, and BE IT FURTHER ORDAINED, that upon completion the Common Council accepts the Sebilj as a gift to the City of Utica, New York. 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  Submitted to council by: Councilmember LoMedico Proposed Ordinance No. Submitted to council on: 04 / 16 / 25 Proposed Resolution No. 5 Sent to Council Attorney on: 04 / 16 / 25 Thursday Rule Waiver Required? N Date of Legislation: 04 / 16 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers LoMedico, Ervin, Burmaster, Aiello RESOLUTION IN SUPPORT OF THE CURRENT COMPLEMENT OF THE CITY OF UTICA FIRE DEPARTMENT WHEREAS, the Utica Fire Department (UFD) protects approximately 68,000 residents across 17.5 square miles and responds to an average of 17,000 alarms annually, including about 11,000 emergency-medical calls, and WHEREAS, the UFD operates six strategically located fire stations, a full time Fire Academy, an ambulance service and a Hazardous Materials Team. National standards for career fire departments set performance benchmarks that demand chief level oversight, and WHEREAS, the Assistant Fire Chief provides the critical mid-level command tier between the Fire Chief and the four platoon Deputy Chiefs. The Assistant Fire Chief is essential in 24/7 continuity of command when the Chief is unavailable, the formulation of improved policies and practices for the betterment of service, the Department budgetary process and monitoring expenditures to maintain control, efficient execution of the administrative functions of the Department, direct supervision of Training, EMS, and Fire Prevention divisions, incident-command reinforcement at working fires, mass-casualty events, HAZMAT responses, and regional mutual-aid deployments, succession planning consistent with Center for Public Safety Excellence (CPSE) accreditation criteria, maintaining adequate chief-officer staffing favorably influences the City’s Insurance Services Office (ISO) Public Protection Classification, which directly affects residential and commercial insurance premiums; and WHEREAS, it is imperative that for both division of labor and continuity of the Chief’s office that an Assistant Chief be staffed, across the global command of the UFD, to appropriately manage and operate a four platoon department, across four Deputy Chiefs, now BE IT RESOLVED, that the Common Council does hereby support the current complement of the Utica Fire Department 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