Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting December 17th 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, Deputy Chief, UPD; Brian Thomas, Commissioner, UED; Mark Sokolowski, Commissioner, DPW; Nicholas Bridenbecker, Engineering; Scott Ingersoll, Chief, UFD; Stephanie DiGiorgio, Corporation Counsel; Sarah Hughes, Corporation Counsel 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 9 Speakers signed up for Public Comment Period PRO. RES. 1 – DEDICATION OF “WILLIAMSON’S WAY” A motion by Councilmember Colosimo-Testa to move Pro. Res. 1 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 2 – PROCLAMATION RECOGNIZING MARK WILLIAMSON A motion by Councilmember Aiello to move Pro. Res. 2 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Colosimo-Testa, LoMedico – 8 Nays: 0 Adopted PRO. RES. 3 – RESOLUTION APPROVING AGREEMENT WITH THE MUNICIPAL HOUSING AUTHORITY OF THE CITY OF UTICA NY D/B/A PEOPLE FIRST FOR DEMOLITION SERVICES A motion by Councilmember LoMedico to move Pro. Res. 3 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 4 – ORDINANCE ADDING SECTION 2-15-11 A motion by Councilmember Colosimo-Testa to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember LoMedico Placed in Committee of the Whole PRO. RES. 5 – RESOLUTION OF SUPPORT FOR 1113 HERKIMER RD. UTICA LLC CANNABIS FACILITY A motion by Councilmember Colosimo-Testa to move Pro. Res. 5 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 6 – RESOLUTION TO APPROVE THE APPOINTMENT OF SARAH C. HUGHES TO THE POSITION OF FIRST ASSISTANT CORPORATION COUNSEL A motion by Councilmember LoMedico to move Pro. Res. 6 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 7:59 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council December 17th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico Dedication of “Williamson’s Way” WHEREAS, in 2016 Mark R. Williamson, a retired Command Master Chief of the United States Navy and one of the instructors of the Naval ROTC program at Thomas R. Proctor High School, designed and directed a project to line a pathway that ran from Parkway East in the South to Albany Street in the North, and WHEREAS, he, along with other government employees and volunteers, joined the men and women of the NJROTC program and planted more than 160 trees on each side of the path that stretches down Culver Avenue, now therefore RESOLVED, that the tree lined path that runs from Parkway East to Albany Street along Culver Avenue be hereafter named and designated “Williamson’s Way”, and FURTHER RESOLVED, that the City of Utica prepares and places signs at the beginning and end of the path that state; “This is “Williamson’s Way”. A tree lined path that was designed by Councilman at Large Mark R. Williamson whose trees were planted by the men and women of the NJROTC class of 2016 at Thomas R. Proctor High School” FURTHER RESOLVED, that this resolution of dedication be forever inscribed in the minutes of this Common Council Meeting held on the 17th of December, 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 18th day of December, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council December 17th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico PROCLAMATION FOR MARK WILLIAMSON WHEREAS, The Common Council for the City of Utica has a tradition of honoring those Councilmembers whose terms are at an end, and WHEREAS, Mark Williamson has spent 12 years on the Common Council however his service began long before his time as a Councilman. For 23 years he served our Country as a member of the United States Navy, with 21 decorations and medals such as the Legion of Merit, Bronze Star Medal and Meritorious Service Medal, while reaching the rank of Master Chief. Following his time in the Navy, Councilman Williamson would serve his community as a Naval Junior Reserve Officers’ Trainer for Thomas R. Proctor School; and WHEREAS, Councilman Williamson has been involved in all City matters during his decade of service, and was innovative when it came to the parks and beauty surrounding Utica, and now PROCLAIMED, that the Common Council for the City of Utica does honor and thank Councilman Williamson for his years of service to both our County and to our City, and FURTHER PROCLAIMED, that this tribute will be forever inscribed in the minutes of the Common Council meeting held this 17th day of December, 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 18th day of December, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 CITY OF UTICA Department of Legislation Common Council December 17th, 2025 Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION APPROVING AGREEMENT WITH THE MUNICIPAL HOUSING AUTHORITY OF THE CITY OF UTICA, NEW YORK, D/B/A PEOPLE FIRST, FOR DEMOLITION SERVICES WHEREAS, it is in the interest of the taxpayers and residents of the City of Utica to share resources in the undertaking of public works and other municipal improvement projects and services; and WHEREAS, the Municipal Housing Authority of the City of Utica, New York, d/b/a People First (“People First”), is the owner of several buildings that require demolition; and WHEREAS, the City of Utica possesses both heavy equipment and personnel needed to assist and facilitate People First with the demolitions. RESOLVED that the Common Council of the City of Utica hereby authorizes and approves the agreement in substantially the same form as attached hereto. FURTHER RESOLVED that the Mayor of the City of Utica is authorized to execute this agreement and any other documents necessary to effectuate the intents of this resolution. 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 18th day of December, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 4 Submitted to council on: 12 / 15 / 25 Proposed Resolution No. Sent to Council Attorney on: 12 / 15 / 25 Thursday Rule Waiver Required? N Date of Legislation: 12 / 17 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa ORDINANCE ADDING SECTION 2-15-11: REQUIRED GRAFFITI NOTIFCATION AND REMOVAL PROGRAM, TO THE CITY OF UTICA CODE OF ORDINANCES BE IT ORDAINED: that Section 2-15-11 be amended as follows: SECTION 2-15-11 Required Graffiti Notification and Removal Program: Definitions Graffiti: In the city of Utica, on public or private property unauthorized visual communication method that involves unauthorized drawing or writing on public surfaces, usually with spray paint. It can range from simple monikers to elaborate wall paintings. (a) Required Graffiti Notification: The owner of any private property in the City shall be contacted regarding any graffiti from such property within twelve (12) days of the graffiti’s appearance, if such graffiti are visible from the public right-of-way. (1) Property Included: For purposes of this section, "private property" shall include, but not be limited to, structures encroaching on any public right-of-way, including, but not limited to, news boxes, newsstands, dumpsters, trucks, vending carts, utility poles, public telephones, tree planters, and other items of street furniture. (b) Enforcement of Contact Procedures and Removal Program: The enforcement of Section 2-15-11 and Removal Program Policy are as set forth in Section s2-15-11-b.1 through 2-15-11-b.4 (1) Notice and contact: Upon discovery of graffiti on any private property in the City, any person authorized to enforce ordinances is authorized to issue a notice to the owner of such property, or to a responsible agent of such owner, that the graffiti should be removed within twelve (12) days. After twelve (12) days have elapsed from the issuance of such notice, any person authorized to enforce ordinances is authorized to issue notice to any person or to a responsible agent, alerting them of the City of Utica Graffiti of such person by way of reimbursement by the city or the signing of a waiver to allow authorized City personnel to enter premises and abate, (2) Removal Program Section: The City Urban and Economic Development Commissioner (Program Office) is hereby authorized and directed to administer a graffiti Removal Program to the owners of businesses or residential properties where graffiti is visible from a public right of way (i) The reimbursement shall be 100%, or balance of funds available in the budgetary fiscal year though Community Development Block Grant Funding Sources, of verified and certified, by the program office, of clean up and remediation costs of graffiti vandalism. (ii) Within 30 days of the completion of the permitted work, the property owner shall submit a signed claim to the office of the City Urban and Economic Development Department. (iii) The City Urban and Economic Development authorized to adopt reasonable rules and regulations for the purpose of implementing and interpreting the intent of this section based of Federal Housing and Urban Development (HUD) guidelines as HUD allows for graffiti removal under HUD category (§570.202) for property rehabilitation. (3) Abatement by City of Utica: If a property owner chooses to use the City of Utica as it's remediation choice a form will be provided for the owner to complete and will be a general release of liability and consent to enter property.  (i) Language for Release Form: As the Property Owner or authorized representative of the Property Owner, I grant consent to the City to enter the property identified below in “Step 2” for the purpose of removing graffiti For the purposes of this Consent, “the City” means personnel and equipment of the City of Utica, and/or its contractors, subcontractors, or agents. The City may remove graffiti in the manner it deems appropriate, including but not limited to, by power-washing, painting or the use of chemical solvents. The City will, in good faith, attempt to remove the graffiti from the property. However, by signing below, I understand that: 1) the graffiti removal services shall be performed as deemed appropriate by the City; 2) the City does not in any way obligate itself to perform any graffiti removal services other than those deemed appropriate by the City; and 3) the City assumes no responsibility if the area cleaned or painted by the City does not match the remainder of the property, or if some residue of existing graffiti remains. I release, indemnify and hold the City harmless from any liability for physical injury, death, or property damage arising from the performance of graffiti removal services on the property pursuant to this Consent, unless such liability arises entirely from the actions or conduct of the City. This Consent shall be effective until terminated in writing by the Property Owner, or by the Authorized Representative of the Owner. (4) Section Reserved for the Formation of Graffiti Zone (i) This Section is reserved for a future, Common Council zoned area that will allow for the use of graffiti and or artistic expression without the possibility of vandalism persecution. (5) Chapter not exclusive remedy This chapter shall not be construed to exclude any other remedy provided by law for the protection of the health, safety and welfare of the people of the City of Utica. 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 Resolution: 4 CITY OF UTICA Department of Legislation Common Council December 17th, 2025 Sponsored by: Councilmembers Burmaster, Williamson CITY OF UTICA COMMON COUNCIL RESOLUTION OF SUPPORT FOR 1113 HERKIMER RD UTICA LLC Cannabis Facility – 1113 Herkimer Road, Utica, New York Tax Lot # 301600-307.16-1-18 WHEREAS, 1113 Herkimer Rd Utica LLC is seeking to continue development and full operation of a cannabis-related facility located at 1113 Herkimer Road, Utica, New York; and WHEREAS, the property and all existing structures at this location have been reviewed and approved by the City of Utica for the specialized purpose of conducting cannabis-related activities and are agriculturally zoned in compliance with applicable local requirements; and WHEREAS, the New York State Office of Cannabis Management requires municipal acknowledgment and support as part of the state licensing and regulatory process; and WHEREAS, the Utica Common Council recognizes the economic development benefits associated with this facility, including job creation, responsible investment, and increased economic activity within the City of Utica; and WHEREAS, the Utica Common Council supports the establishment and operation of regulated cannabis facilities that comply with all local and New York State laws, rules, and regulations, and that operate in a safe, responsible, and community-minded manner; RESOLVED, that the Utica Common Council hereby expresses its full support for 1113 Herkimer Rd Utica LLC and its efforts to become fully operational at 1113 Herkimer Road, Utica, New York; and FURTHER RESOLVED, that the Utica Common Council affirms that the property is appropriately zoned for cannabis- related activities; and FURTHER RESOLVED, that the Utica Common Council encourages the New York State Office of Cannabis Management to give favorable consideration to this application; and FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the New York State Office of Cannabis Management and to any other parties deemed necessary to effectuate this Resolution. 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 18th day of December, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 CITY OF UTICA Department of Legislation Common Council December 17th, 2025 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo-Testa, LoMedico RESOLUTION TO APPROVE THE APPOINTMENT OF SARAH C. HUGHES TO THE POSITION OF FIRST ASSISTANT CORPORATION COUNSEL RESOLVED, that in accordance with Section 2.065 of the Utica City Charter entitled “First Assistant Corporation Counsel” the Common Council of the City of Utica hereby approves the appointment of Assistant Corporation Counsel Sarah C. Hughes to the position of First Assistant Corporation Counsel. This appointment and approval shall be effective immediately. 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 18th day of December, 2025 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk