Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting June 18th 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; Brian Thomas, Commissioner, UED; Mark Sokolowski, DPW; Nicholas Bridenbecker, Engineering; Almir Kaltak, Budget Director; A motion to waive the reading of the minutes from the previous meeting made by Councilmember Colosimo-Testa The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 1 Speaker signed up for Public Comment Period PRO. RES. 1 – PROCLAMATION COMMEMORATING UTICA ELKS LODGE NO. 33 140TH ANNIVERSARY A motion by Councilmember Aiello to move Pro. Res. 1 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 2 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 2 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9  Nays: 0 Adopted PRO. RES. 3 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 3 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 4 – HANDICAP PARKING SIGN REQUIRED A motion by Councilmember Colosimo-Testa to move Pro. Ord. 4 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #71 of 2025 PRO. RES. 5 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 5 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 6 – BOARD OF ASSESSMENT REVIEW APPOINTMENT A motion by Councilmember Betar to move Pro. Res. 6 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 7 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Colosimo-Testa to place Pro. Res. 7 in Committee of the Whole Motion seconded by Councilmember LoMedico Placed in Committee of the Whole PRO. ORD. 8 – ORDINANCE AUTHORIZING ENCROACHMENT ON EAGLE STREET AND ALBANY STREET A motion by Councilmember Aiello to move Pro. Ord. 8 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #72 of 2025 A motion by Councilmember Colosimo-Testa to pull Pro. Res. 7 from Committee of the Whole Motion seconded by Councilmember LoMedico A motion by Councilmember Colosimo-Testa to move Pro. Res. 7 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted A motion to adjourn made by Councilmember Burmaster Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 7:33 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico Proclamation Commemorating Utica Elks Lodge No. 33 140th Anniversary WHEREAS, Utica Elks Lodge No. 33, a Benevolent and Protective Order of Elks, was chartered on May 17, 1885, and has been a cornerstone of the Utica community for 140 years and WHEREAS, the lodge was established in Pythian Hall on Genesee Street and has since moved to its current location on Champlin Avenue. and WHEREAS, the lodge's founding involved 70 charter members, and its first exalted ruler was John J. Flanagan, a journalist with the Utica Observer, according to the Utica Observer Dispatch and WHEREAS, The Elks Lodge has a long history of community service and philanthropy, supporting youth development, veterans' programs, and various local charities and WHEREAS. The lodge has been instrumental in raising funds for healthcare, housing, and other initiatives that have positively impacted the Utica area and WHEREAS, The Utica Elks Lodge continues to be a vibrant and active part of the community, celebrating its 140th anniversary in 2025.therefore PROCLAIMED, that the City of Utica Common Council does hereby acknowledge and commemorate the Elks Lodge and the service it has done for the community and FURTHER PROCLAIMED, that the City of Utica recognizes The Elks Club 140th anniversary, and this proclamation will forever be inscribed into the minutes of the City of Utica Common Council Meeting this 18th day of June 2025. 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO BTS CATERING 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: BTS Catering/Munson Name of Event: 2025 Summer Arts Festival Date of Event: Thursday July 17th 2025 5PM to 7PM Friday July 18th 2025 7PM to 9PM Saturday July 19th 2025 7PM to 9PM Location of Event: Munson 310 Genesee Street Utica NY 13502 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, 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO VALLEY VIEW GOLF COURSE 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: Valley View Golf Course Name of Event: 39th Annual MVCC Golf Tournament Date of Event: Friday June 20th 2025 6AM to 4PM Location of Event: Valley View Golf Course 620 Memorial Parkway 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, 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #71 of 2025 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Burmaster, Betrus, Colosimo-Testa HANDICAP PARKING SIGN REQUIRED ORDAINED, that Sec. 2-16-378 Schedule W: Handicapped Parking Locations, of the Utica City Code be amended to include the following: Two (2) Handicap signs along the outfield fence line of the most northern field and two (2) placed just behind the dugout to the left side of the parking lot at Seymour Park Baseball Field (400 Euclid Road) Two (2) handicap signs be placed in the parking lot, just behind the concession stand at Addison Miller Park (1619 York Street) FURTHER ORDAINED, that the proper signage be erected where necessary. (Added 06/18/2025) 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO DIKINDURT DISTILLERY LLC 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: Dikindurt Distillery LLC Name of Event: Water Music New York: More Voices Festival Date of Event: Thursday July 3rd 2025 1PM to 10PM Location of Event: Harbor Point 101 N. Genesee Street Utica NY 13502 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, 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico BOARD OF ASSESSMENT REVIEW APPOINTMENT RESOLVED, that pursuant to Section 523 of the Real Property Tax Law, the following person is hereby appointed as a member of the Board of Assessment and Review commencing June 18th 2025 and ending on September 30th, 2029: Caitlin McSorley 2644 Edgewood Road 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Clerk’s Office Proposed Ordinance No. Submitted to council on: 06 / 17 / 25 Proposed Resolution No. 7 Sent to Council Attorney on: 06 / 17 / 25 Thursday Rule Waiver Required? N Date of Legislation: 06 / 18 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo- Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO BABY WAYNE MOVEMENTS 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. BE IT 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: Wayne Brown Name of Event: BBQ Jerk Event Date of Event: Saturday July 26th 2025 6PM to 11PM Saturday August 30th 2025 6PM to 11PM Saturday September 27th 2025 6PM to 11PM Location of Event: Franklin Square Alley 55 Hotel Street Utica NY 13502 BE IT 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. 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 Certify To: Budget, Comptroller Ordinance #72 of 2025 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AUTHORIZING ENCROACHMENT ON EAGLE STREET AND ALBANY STREET WHEREAS People First (Eagle’s Nest, LLC) is the owner of real estate located on Eagle Street and Albany Street (Tax Map Number 331.009-4-14) which adjoins the above described right-of-way owned by the City; and WHEREAS the City of Utica has a 30-foot right-of-way easement from the centerline of the street and People First (Eagle’s Nest, LLC) have already constructed berms within the City right-of-way by 15 feet; and WHEREAS People First (Eagle’s Nest, LLC) asserts that the berms are necessary for project development (see attached site plan); and WHEREAS People First (Eagle’s Nest, LLC) has agreed to move the berms back 5 feet and construct a 5 foot wide ADA compliant sidewalk from the curb line extending from Hayes Place and Eagle Street to the Parkway Dugs parking lot on Albany Street (see attached); and WHEREAS People First (Eagle’s Nest, LLC) shall not extend or increase the existing encroachment any further upon the City right-of-way, except as set forth herein; and WHEREAS this encroachment shall terminate automatically upon the removal of said encroachment; ORDAINED, pursuant to Section 3.007(42) of the City Charter of the City of Utica, authorizes the encroachment of berms and sidewalks upon the City right-of-way on Eagle Street and Albany Street; FURTHER ORDAINED, this permit is granted upon the express condition that the owner or operator of the property, their successors in interest, shall defend, indemnify and hold harmless the City of Utica, its agents, its officers and employees, from any claims whatsoever allegedly arising from the use of this permit. The owner or operator shall provide to the Corporation Counsel’s Office a Certificate of insurance showing that a contract for public liability insurance in the amount of not less than $1,000,000.00 has been made with an insurance company licensed to do business in the State of New York applicable to the periods of use by the permittee. Such insurance shall also name the City of Utica as an additional insured.  FURTHER ORDAINED, this permit is granted upon the express condition that all work to construct the sidewalk shall comply with municipal requirements for such infrastructure and comply with any and all City of Utica Department of Engineering design comments and/or requirements. FURTHER ORDAINED, that this permit is granted upon the express condition that all the expenses associated with the design and construction of the ADA compliant sidewalk, as well perpetual care thereof, shall be borne by People First (Eagle’s Nest, LLC) and shall not involve the expenditures on the part of the City of Utica. FURTHER ORDAINED, that this permit is granted upon the express condition that should the City of Utica need to utilize the entire 5 foot wide sidewalk within the City’s right-of-way or a portion thereof for utilities or other purpose, People First (Eagle’s Nest, LLC) shall bear all expenses associated with the repair and/or replacement of said sidewalks. 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 CITY OF UTICA Department of Legislation Common Council June 18th 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS BE IT RESOLVED, that the Common Council does hereby schedule its regular July Common Council meeting for Wednesday July 2nd 2025 at 7pm and its August Common Council meeting for Wednesday August 27th 2025 at 7:00pm in the Common Council Chambers. 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 20th day of June, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk