Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting October 15th 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; Joseph Betar, 3rd District Councilmember & President Pro-Temp; Frank Carcone, 4th District Councilmember; Venice Ervin; 5th District Councilmember; Joseph Betrus, 6th District Councilmember; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Ed Noonan, Deputy Chief, UPD; Brian Thomas, Commissioner, UED; Mark Sokolowski, Commissioner, DPW; Nicholas Bridenbecker, Engineering; Marquis Phillips, Commissioner, Codes Almir Kaltac, 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 Betar None opposed: Minutes accepted and reading waived 3 Speakers signed up for Public Comment Period 1 Speaker signed up for Public Hearing A motion by Councilmember Aiello to pull Pro. Ord. 3 from Committee of the Whole Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted as Ordinance #89 of 2025 PRO. ORD. 1 – ORDINANCE AMENDING ORDINANCE #70 OF 2025 A motion by Councilmember Aiello to move Pro. Ord. 1 Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted as Ordinance #90 of 2025 PRO. RES. 2 – AUTHORIZING THE SUBMISSION OF 2025 DOWNTOWN REVITALIZATION APPLICATION A motion by Councilmember Aiello to move Pro. Res. 2 Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted PRO. RES. 3 – AUTHORIZING THE SUBMISSION OF 2025 NEW YORK FORWARD APPLICATION A motion by Councilmember Aiello to move Pro. Res. 3 Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted PRO. ORD. 4 – ORDINANCE AUTHORIZING THE SALE AND/OR DISPOSAL OF SURPLUS ASPHALT MILLINGS A motion by Councilmember Aiello to move Pro. Ord. 4 Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted as Ordinance #91 of 2025 PRO. ORD. 5 – ORDINANCE AUTHORIZING THE PLACEMENT OF AN HONORARY SIGN A motion by Councilmember Aiello to move Pro. Ord. 5 Motion seconded by Councilmember LoMedico Ayes: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 Nays: 0 Adopted as Ordinance #92 of 2025 A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 7:34 P.M.  Certify To:Budget, Comptroller Ordinance #89 of 2025 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Burmaster, Williamson Ordinance approving the designation of Mid-Central Avenue Property Management, LLC as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1904 Erie Street WHEREAS, The Utica Urban Renewal Agency has acquired 1904 Erie 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 Mid-Central Avenue Property Management, LLC; and the developer proposes to purchase 1904 Erie Street to construct a modern 25,000 sq. ft. automotive sale and service facility; and the purchase will require the payment of $400,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by 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 Wednesday, October 15, 2025 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 BE IT ORDAINED: That the purchase price for the above said property is $400,000.00; and FURTHER BE IT 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, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 17th day of October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Certify To: Budget, Comptroller Ordinance #90 of 2025 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico ORDINANCE AMENDING ORDINANCE #70 OF 2025 WHEREAS, By Ordinance duly adopted by the Common Council and the Mayor of the City of Utica, an approved project submitted to the City of Utica, did allow the sponsor of the project, BACA, to design, construct and place a statue in a place designated by the City of Utica, described as a Sebilj, which honors members of the Bosnian Community, and WHEREAS, the design, construction and continued maintenance of the statue is the responsibility of the sponsor and/or successors inherent, and WHEREAS, the design approval by the Planning Board of Utica, along with the Legislature and Administration, designated the statue as a non-operating water fountain, like those found in other countries, and WHEREAS, the sponsor wishes to amend the previously passed Ordinance granting them permission for the design and construction of a working water fountain for the statue, now ORDAINED, by the Common Council for the City of Utica that: 1. Ordinance #70 dated June 4th 2025, be hereby amended to provide permission to design, construct and maintain a working water fountain on the Sebilj statue. 2. The Mayor of the City of Utica is hereby granted permission for the preparation and signing of a “Maintenance Contract” with the sponsor. 3. All costs will be the responsibility of the sponsor and its successors in interests. The City of Utica shall be held harmless and indemnified by the sponsor regarding any claims whatsoever, related to the statue. 4. All costs related to the construction and operation of the water fountain shall be borne by the sponsor and its successors in interests in compliance with all Federal, State and Local Laws. The sponsor shall enter into a separate agreement with the Mohawk Valley Water Authority regarding the construction, access, supply and use of the water for the fountain. This includes water quality testing and continued maintenance of quality as provided herein. Yeas: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 17th day of October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Burmaster, Williamson AUTHORIZING SUBMISSION OF 2025 DOWNTOWN REVITALIZATION INITIATIVE (DRI) APPLICATION WHEREAS, grant funding has been made available through the State of New York and administered by the New York State Department of State. The funding program, the Governor’s Downtown Revitalization Initiative (DRI), was launched in 2016 to accelerate revitalization of downtowns so that they serve as centers of activity and catalysts for increased local investment; and WHEREAS, the City of Utica is eligible to submit an application for a larger geographical area with a regional draw, including major employment centers, tourism attractions, a walkable network of destinations, and dense urban development characterized by diverse land uses. As such, the City of Utica is proposing to apply for funding to assist West Utica and the Greater Brewery District. RESOLVED THAT the Common Council of the City of Utica endorses and supports the submission of the application. Yeas: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Burmaster, Williamson AUTHORIZING SUBMISSION OF 2025 NEW YORK FORWARD (NYF) APPLICATION WHEREAS, grant funding has been made available through the State of New York and administered by the New York State Department of State. The funding program, New York Forward (NYF), supports equitable downtown recovery for New York’s neighborhood-scale municipal centers; and WHEREAS, the City of Utica is eligible to submit an application for a smaller geographical area with a concentrated activity node that provides important services to the local community/neighborhood. These areas often feature a distinct sense of place due to the presence of rich cultural, historic, natural, and are compact and walkable. As such, the City of Utica is proposing to submit an application for funding to assist the Uptown District in South Utica. RESOLVED THAT the Common Council of the City of Utica endorses and supports the submission of the application. Yeas: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Certify To: Budget, Comptroller Ordinance #91 of 2025 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AUTHORIZING SALE AND/OR DISPOSAL OF SURPLUS ASPHALT MILLINGS ORDAINED, pursuant to Section 7.007 of the Utica City Charter, the Mayor or his authorized representative is hereby authorized to sell and/or dispose of the City owned personal property described below. Such property shall be offered for sale after public advertisement to the highest responsible bidder, or in whatever manner the Mayor, or his authorized representative deems most appropriate. FURTHER ORDAINED, if, in the opinion of the Mayor or his authorized representative, the condition of the property is such that offering for sale at public auction would be futile, then the Mayor or his authorized representative is authorized to sell of the property in whatever manner he or she deems advisable in the best interest of the City, including sale as salvage or disposal as solid waste. In such event, the City officers shall submit the details of any proposed disposition to the Board of Estimate and Apportionment for approval prior to such disposition, and it is FURTHER ORDAINED, in the event that no bids are received for any of such property or that the Board of Estimate and Apportionment determines that any such bids are not in the best interest of the City, the Board of Estimate and Apportionment is hereby authorized to dispose of such property in any manner that it deems to be in the best interest of the City and to make such disposition part of the public record of the proceedings of the Board of Estimate and Apportionment. FURTHER ORDAINED, any such sale or disposition is subject to the approval of the Board of Estimate and Apportionment. FURTHER ORDAINED, the property to be sold and/or disposed of is described as follows: Engineering/DPW Department: 1. Surplus Asphalt Millings Yeas: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 17th day of October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Certify To: Budget, Comptroller Ordinance #92 of 2025 CITY OF UTICA Department of Legislation Common Council October 15th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico Ordinance Authorizing the Placement of Honorary Signs Recognizing the 2024 Notre Dame Girls Varsity State Championship Basketball Team WHEREAS, the 2024 Notre Dame Varsity Girls Basketball Team were crowned New York State Class B Champions; and WHEREAS, on June 5, 2024, the City of Utica Common Council honored the state championship team with a Proclamation highlighting their remarkable season; and WHEREAS, it is the intent of the City of Utica Common Council to further honor the championship team; now therefore ORDAINED, the City of Utica Common Council hereby authorizes, pursuant to applicable law, the placement of honorary signs to read: “HOME OF THE NOTRE DAME JUGGLERS 2024 N.Y.S.P.H.S.A.A. GIRLS CLASS B STATE AND FEDERATION BASKETBALL CHAMPIONS”; and FURTHER ORDAINED, the design of such honorary signs shall be determined by the Commissioner of Public Works, and installed at each entrance to the City of Utica, and any other locations deemed appropriate by the Commissioner of Public Works; and FURTHER ORDAINED, this Ordinance shall take effect immediately upon passage and filing with the City Clerk. Yeas: Aiello, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 7 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 17th day of October, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk