Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting November 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; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Michael P. Galime, Mayor; Ed Noonan, Deputy Chief, UPD; Brian Thomas, Commissioner, UED; Mark Sokolowski, Commissioner, DPW; Nicholas Bridenbecker, Engineering; Scott Ingersoll, Chief, UFD; Almir Kaltac, Budget Director A motion to waive the reading of the minutes from the previous meeting made by Councilmember Betrus The motion is seconded by Councilmember Aiello None opposed: Minutes accepted and reading waived 2 Speakers signed up for Public Comment Period PRO. RES. 1 – AUTHORIZING ACCEPTANCE OF OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION GRANT FUNDS FOR PIXLEY PARK A motion by Councilmember Aiello to move Pro. Res. 1 Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted PRO. RES. 2 – PROCLAMATION RECOGNIZING PARKWAY DRUGS ON 60 YEARS IN BUISNESS A motion by Councilmember LoMedico to move Pro. Res. 2 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 8  Nays: 0 Adopted INTRO. LOCAL LAW #3 OF 2025 – A LOCAL LAW AMENDING UTICA CITY CHARTER SECTION 1.016 NOTICE OF TORT CLAIMS AGAINST CITY: LIABILITY OF CITY IN CERTAIN ACTIONS A motion by Councilmember Colosimo-Testa to table Intro. Local Law #3 Motion seconded by Councilmember LoMedico None opposed Read into the record, Tabled A motion to adjourn made by Councilmember LoMedico Motion seconded by Councilmember Aiello President Giruzzi Adjourned: 7:36 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council November 5th, 2025 Sponsored by: Councilmembers Burmaster, Williamson AUTHORIZING ACCEPTANCE OF OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION GRANT FUNDS FOR REHABILITATION OF PIXLEY PARK WHEREAS, the City of Utica applied for financial assistance from the New York State Office of Parks, Recreation, and Historic Preservation (“OPRHP”) under the Municipal Parks and Recreation Grant Program through the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022, Article 58, Title 5 of the Environmental Conservation Law, for the purpose of funding the development of Pixley Park; WHEREAS, the City of Utica is authorized and directed to accept these grant funds in an amount not to exceed $1,000,000 for the project described in the grant application; WHEREAS, the City of Utica is authorized and directed to agree to the terms and conditions of the State of New York Contract for Grants (“Contract”) with OPRHP for such development of Pixley Park; WHEREAS, the City of Utica is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which shall be a duly recorded Notice of Grant Requirements; and RESOLVED THAT the governing body of the municipality delegates signing authority to executive the Contract and any amendments thereto, any required deed of easement, and any other certifications to the individuals who hold the following elected or appointed municipal office and employment position titles: Mayor. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, 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 6th day of November, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council November 5th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico Proclamation Recognizing Parkway Drugs on 60 Years in Business WHEREAS, November 3rd 2025 Parkway Drugs celebrated 60 years in business. What started out as high school friends, turned into brother in laws and partners. The two (Rock Femia and Tony Chiffy) opened their first store on the corner of Culver Ave and Albany street November 3, 1965. Hard work lead to a 2nd store in 1989 in the Chantry’s Plaza and a 3rd in 2008 in the (former)Big Lots Plaza, and WHEREAS, The family, locally owned and operated business now has 3 generations of family (members and owners) of pharmacists working at all 3 stores and thousands of employees throughout the years. Currently employing approximately 145 employees, and WHEREAS, The City of Utica is honored to be home to this family owned business and the hard work and dedication they have demonstrated to the community throughout these 60 years is commendable, now PROCLAIMED, That the Common Council does hereby congratulate the family members and all the employees current and past, and FURTHER PROCLAIMED, That this proclamation will forever be inscribed in the minutes of the Common Council Meeting held this 5th day of November, 2025 Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, 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 6th day of November, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Law Department Proposed Ordinance No. Submitted to council on: 11 / 05 / 25 Proposed Resolution No. Sent to Council Attorney on: 11 / 05 / 25 Thursday Rule Waiver Required? N Date of Legislation: 11 / 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. 3 of 2025 A LOCAL LAW AMENDING UTICA CITY CHARTER SECTION 1.016 NOTICE OF TORT CLAIMS AGAINST CITY; LIABILITY OF CITY IN CERTAIN ACTIONS. Presented and read on: Laid on the Table: 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 1.016 of the Utica City Charter, entitled “Notice of tort claims against City; liability of City in certain actions” is amended to read as follows: (a) No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, recreational field or any other municipal owned asset, real or personal property, and/or facility being defective, out of repair, unsafe, dangerous or obstructed unless previous to the occurrence resulting in such damages or injury, written notice of the defective, unsafe, dangerous, obstructed condition of the street, highway, bridge, culvert, sidewalk, crosswalk, park, recreational field or any other municipal owned asset, real or personal property, and/or facility was actually in writing and physically given to the Commissioner of Public Works and that there was a failure or neglect within a reasonable time after the receipt of the notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to the person or property sustained solely in consequence of the existence of snow, ice, water, grass or other growth upon any street, highway, bridge, culvert, sidewalk, crosswalk, park, recreational field or any other municipal owned asset, real or personal property, and/or facility unless actual written notice thereof relating to the particular place was actually and physically given to the Commissioner of Public Works, and there was a failure or neglect to cause such snow, ice, water, grass or other growth to be removed, or the place otherwise made reasonably safe within a reasonable time after the receipt of the notice. The actual written notice requirement, which necessitates physical delivery of said notice to the Commissioner of the Department of Public Works will not be satisfied by utilization of the City of Utica 311 application. (b) The City shall not be liable in a civil action for damages or injuries to person or property or invasion of personal on property rights of any name or nature whatsoever, whether casual or continuing, arising at law or in equity, alleged to have been caused or sustained, in whole or in part, by or because of omission of duty, wrongful act, fault, neglect, misfeasance or negligence on the part of the City, or any of its agents, officers or employees unless a notice of claim was made and served in compliance with Section 50-e of the General Municipal Law, nor unless the action was commenced thereon within one year and 90 days after the happening of such act, omission, fault or neglect, but no action shall be commenced to recover upon or enforce any such claim against the City until the expiration of three months after the service of the notice.  This subsection does not revive any claim or cause barred by any requirement or statute of limitations nor waive any limitation applicable to any claim or cause of action against the City. 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