Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting May 6th 2026 The meeting is called to order at 7:02 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; Heather Wasielewski, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Jim Holt, Deputy Chief, UPD; Mark Sokolowski, Commissioner, DPW; Stephanie DiGiorgio, Assistant Corporation Counsel; Brain Thomas, Commissioner, UED; Marquis Phillips, Commissioner, Codes 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 Speakers signed up for Public Comment Period PRO. RES. 5 – PROCLAMATION FOR NOTRE DAME GIRLS VARSITY BASKETBALL TEAM A motion by Councilmember Aiello to move Pro. Res. 5 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 1 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 1 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, 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, Wasielewski, Betrus, 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, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 4 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 4 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 6 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 6 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD 7 – ORDINANCE ADDING SECTION 2-28-2 TO THE CITY OF UTICA CODE OF ORDINANCES A motion by Councilmember Aiello to place Pro. Ord. 7 in Committee of the Whole Motion seconded by Councilmember LoMedico None Opposed Placed in Committee of the Whole PRO. RES. 8 – ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS A motion by Councilmember Aiello to move Pro. Res. 8 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 9 – RESOLUTION IN SUPPORT OF 2026 SS4A FUNDING APPLICATION A motion by Councilmember Aiello to move Pro. Res. 9 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 10 – RESOLUTION APPROVING THE GRANTING OF THREE PERMANENT EASEMENTS TO UHPDC A motion by Councilmember Aiello to move Pro. Res. 10 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 11 – PROCLAMATION FOR THE GRAND OPENING OF CRUST A motion by Councilmember Aiello to move Pro. Res. 11 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 5 – PROCLAMATION FOR THE 110TH ANNIVERSARY OF NORTH UTICA A motion by Councilmember Aiello to move Pro. Res. 12 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted A motion by Councilmember Aiello to pull Pro. Ord. 4 – Ordinance Establishing Minimum Public Access Hours for Restrooms Facilities in City Parks from Committee of the Whole Motion seconded by Councilmember Wasielewski None Opposed Ayes: Aiello, Burmaster, Betar, Ervin, Wasielewski, LoMedico – 6 Nays: Carcone, Betrus, Colosimo-Testa – 3 Adopted as Ordinance #64 of 2026 A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember Colosimo-Testa President Giruzzi Adjourned: 8:04 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico Proclamation Recognizing the Notre Dame Girls Varsity Basketball Team WHEREAS, The Notre Dame Varsity Girls Basketball Team has completed their season, winning their 5th consecutive Tri Valley League Championship, and WHEREAS, Led by seniors Ella Trinkaus, Erin Trinkaus, Emma Johnson, Jenna Herron and Tessa Arcuri, the team continued past the Tri Valley League and won their 3rd consecutive Sectional Championship and a Regional Championship on their way to becoming a NYS Class A State Championship Finalist, and WHEREAS, Ella Trinkaus completes her career as the all-time leading scorer in Section 3 history and leaves a team that has not lost a league or Section 3 game in 3 years, and PROCLAIMED, that the Common Council for the City of Utica hereby recognizes the hard work and dedication shown by the entire 2026 Notre Dame Varsity Girls Basketball Team, along with coaches John Snyder, Tom Pedersen, Jerrid Otis and Molly Clarke, and congratulates them on their season, and FURTHER PROCLAIMED, this proclamation will forever be inscribed into the minutes of the City of Utica Common Council Meeting on this 6th day of May 2026. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, 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 Couse Name of Event: Golf Tournaments Date of Event: Friday, June 19th 2026 – PBA Tournament Friday June 26th 2026 – MVCC Tournament Monday July 20th 2026 – Boilermaker Tournament Saturday July 25th 2026 – Andre Kallay Memorial Tournament Saturday August 1st 2026 – Killabrew Tournament Sunday August 2nd 2026 – East Utica Classic Tournament Friday August 14th 2026 – CNY Labor Council Charity Golf Classic Friday August 21st 2026 – Thomas Lindsey Tournament Monday August 24th 2026 – Syracuse Builder’s Exchange Tournament Friday August 28th 2026 – UFD Firefighter’s Tournament Sunday September 6th 2026 – MVCC Softball Tournament Saturday September 12th 2026 – UC Baseball Tournament 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, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO FX MATT BREWERY 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: FX Matt Brewery Name of Event: Boilermaker After Party Date of Event: Sunday July 12th, 2026 7AM to 12PM Location of Event: FX Matt Brewery 830 Varick 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, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO ST. ANTHONY & ST. AGNES CHURCH 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: St. Anthony & St. Agnes Church Name of Event: St. Anthony Festival Celebration Date of Event: Friday June 12th, 2026 5PM to 10PM Saturday June 13th, 2026 5PM to 10PM Sunday June 14th, 2026 8AM to 12PM Location of Event: St. Anthony & St. Agnes Church 422 Tilden Ave. 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, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO TUNNEL TO TOWERS 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: Tunnel to Towers Name of Event: Tunnel to Towers 5k Race Date of Event: Sunday August 16th, 2026 10AM to 2PM Location of Event: 207 Genesee Street 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, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico PROCLAMATION HONORING MRS. HAYES WHEREAS, educators play a vital role in shaping not only the minds but also the safety and well-being of the children in their care; and WHEREAS, in April 2026, what began as an ordinary school day became an extraordinary moment of courage and compassion for sixth-grade teacher Ashley; and WHEREAS, while briefly stepping outside her classroom, Ashley observed a young toddler, no more than three years old, walking alone along Elm Street near busy traffic, recognizing immediately the potential danger to the child; and WHEREAS, without hesitation, Ashley acted with urgency and care, ensuring her students were supervised while she rushed to assist the lost child; and WHEREAS, demonstrating remarkable calm, empathy, and presence of mind, she comforted the frightened toddler despite a language barrier, and quickly enlisted the assistance of school resource officer Dave Caruso; and WHEREAS, Ashley further exemplified ingenuity and inclusivity by connecting the child with Arabic-speaking students, allowing communication and reassurance during a distressing situation; and WHEREAS, through her swift actions, steady leadership, and compassionate spirit, the child was safely protected and ultimately reunited with his family; and WHEREAS, Ashley embodies the very best qualities of an educator and community member, reminding us all of the profound impact one individual can have in a moment of need; RESOLVED, that Ashley is hereby recognized and honored for her heroic actions, her dedication to the safety of others, and her unwavering commitment to her community; FURTHER RESOLVED, that her actions serve as an inspiration to all, demonstrating that vigilance, compassion, and decisive action can make a life-changing difference; IN WITNESS WHEREOF, this proclamation is issued in recognition of Ashley’s exemplary service and outstanding character, this 6th day of May 2026 Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: Councilmember Aiello Proposed Ordinance No. 7 Submitted to council on: 05 / 01 / 26 Proposed Resolution No. Sent to Council Attorney on: 05 / 01 / 26 Thursday Rule Waiver Required? N Date of Legislation: 05 / 06 / 26 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello ORDINANCE ADDING SECTION 2-18-2 (DISPLAY OF FLAGS AND FLAG RAISINGS AT CITY HALL) OF THE UTICA CITY OF ORDINANCES WHEREAS, the City of Utica traditionally displays the United States of America flag on City property; and WHEREAS, historically, the City has, on occasion, permitted the temporary display of additional flags in connection with ceremonies, cultural recognitions, and official events at City Hall; and WHEREAS, the selection and display of such flags must be governed by clear and consistent standards to ensure that such displays reflect the official sentiments and actions of the City, rather than serving as a forum for unrestricted public expression; and WHEREAS, the United States Supreme Court in Shurtleff v. Boston (2022) clarified that where a municipality does not clearly define flag displays as government speech, such practices may be construed as creating a public forum subject to First Amendment constraints; and WHEREAS, the Court further recognized that municipalities may lawfully define and limit flag displays as expressions of government speech when accompanied by clear policies and standards; and WHEREAS, it is in the interest of the City of Utica to maintain the ability to express official City positions, recognize cultural and civic events, and conduct ceremonial flag raisings in a manner that is consistent, lawful, and transparent; and WHEREAS, it is important that the City of Utica, as a city of immigrants, be able to express its official solidarity with people who have come to Utica from other nations, and to express other official, City-endorsed messages from the Mayor and the Common Council that may be appropriately accompanied by ceremonial flag-raising; and WHEREAS, for these expressions of official City sentiment to be clearly construed by the residents of Utica, it is also important to clearly demarcate and codify that the City’s flagpoles are not intended to serve as a forum for free expression by the public; and WHEREAS, the Common Council finds that codifying such standards within Section 2-18-2 of the City Code will provide clarity to residents, applicants, and City officials alike in regard to the display of flags at City Hall; NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica that Article I, Chapter 2-18, of the Utica Code of Ordinances shall be amended by adding Section 2-18-2 , entitled “Display of Flags and Flag Raisings at City Hall”, to read as follows: SECTION 2-18-2 Display of Flags and Flag Raisings at City Hall The purpose of this Ordinance is to establish guidelines for the display by the City of Utica of (1) flags of governments recognized by the Federal Government, and (2) other flags at City Hall. SECTION 2-18-2.1 Policy It is the policy of the City of Utica that flags should be displayed in conformance with Federal and State policies, as stated in the Federal “Our Flag” publication of the Congress, House Document No. 96-144; and Article 19, Sections 402 and 403 of the New York State Executive Law. SECTION 2-18-2.2 Order of Precedence The flag of the United States shall be flown at all times at City Hall. Where a secondary flagpole is present, it may be used to temporarily display a commemorative, cultural, or community flag as authorized by the City. No additional flags shall be flown unless so authorized under this article. SECTION 2-18-2.3 Special occasions of Federal, State and local proclamation a. Flags at City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags to be lowered to half staff including, but not limited to flags of the United States of America in honor of the death of a City employee killed in the line of duty, or in observance of a specific event or circumstance.  b. Pursuant to proclamation of the Mayor, or by resolution or proclamation of the Common Council, other flags may be flown by the City on the secondary flagpole at City Hall. SECTION 2-18-2.4 Other Flags The City’s flagpoles are not intended to serve as a forum for free expression by the public. The following flags may be displayed by the City as an expression of the City’s official sentiments: a. Flags of Governments Recognized by the United States. Flags of governments recognized by the United States may be displayed upon the proclamation of the Mayor or by resolution or proclamation of the Common Council. b. Flags Displayed in Conjunction With Official Events or Ceremonies as Announced by Mayoral Proclamation or Common Council Resolution or Proclamation. By proclamation of the Mayor, or by resolution or proclamation of the Common Council, other flags may be temporarily displayed as official City events or ceremonies. c. Flags of Professional Sports Teams. The Mayor may order the display of the flag of a professional sports team in commemoration of a significant achievement involving the City of Utica. d. Ownership of Other Flags. The City shall acquire ownership of all flags that it flies at City Hall. SECTION 2-18-2.5 Flag Raising Application and Approval Process While eligibility for flag raisings are done in accordance with official City action by either the Mayor or the Common Council, all organizations requesting a flag raising must submit an application to the City Clerk for final approval. a. A flag raising request must be made in writing at least three (3) weeks prior to the requested date. Applicants must fill out a flag raising request form at the Office of the City Clerk where it will be filed and sent to the Office of the Mayor. b. The Mayor of the City of Utica may attend all flag raisings. If the Mayor is unavailable, a representative may be sent in place with prior notice given to the applicant. c. All flags must have eyelets in order to be flown. The flag will stay up until the close of business on the day it was raised. The applicant must provide appropriate accommodations to people with disabilities upon request. Examples include:  interpreters and materials in alternative formats. If the applicant plans on playing music, the applicant must provide their own electronic device. d. If the applicant is requesting a proclamation from the Office of the Mayor or the Common Council to be read at the flag raising ceremony, a written request must be submitted to the Office of the City Clerk. e. After the completed flag raising application has been submitted to the Office of the City Clerk, a member from said office will contact the applicant to confirm date and time. f. No request for a flag raising will be denied based on sex, religion, national origin, creed, color or other act that has been decided discriminatory. SECTION 2-18-2.6 Effective Date: This article shall take effect upon final passage the City of Utica Common Council. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 H. Wasielewski AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 4 F. Carcone 9 J. LoMedico 2026 5 V. Ervin 10 R. Giruzzi Certify To: Budget, Comptroller Resolution: 7 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico ANNOUNCEMENT OF DATES FOR JULY & AUGUST COMMON COUNCIL MEETINGS RESOLVED, that the Common Council does hereby schedule its regular July Common Council meeting for Wednesday July 1st , 2026 at 7pm and its August Common Council meeting for Wednesday ,August 26th, 2026 at 7:00pm in the Common Council Chambers. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 8 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa RESOLUTION IN SUPPORT OF 2026 SS4A FUNDING APPLICATION WHEREAS the City of Utica is seeking to apply for a grant through the United States Department of Transportation Safe Streets and Roads for All (SS4A), which is a discretionary grant program to develop a comprehensive Safety Action Plan; and WHEREAS the SS4A program provides funding to develop a Safety Action Plan using tools to help strengthen a community's approach to roadway safety, through evidence-based solutions and strategies that ensure equitable investments in underserved communities, low-cost high-impact strategies, and support sustainability of the local community by addressing the needs of diverse local, and regional communities that differ dramatically in size, location, and experience; and WHEREAS the program funds a variety of transportation related projects which increase options for non-vehicular transportation including planning, design, and construction of on-road and off-road facilities for pedestrians, bicyclists and non- motorized transportation users; and WHEREAS the grant will support up to 80% of the total eligible project costs with a required 20% local match; and WHEREAS the City of Utica Common Council does fully support the proposed project included in the funding application; and RESOLVED that the Common Council hereby approves the above-subject project; and FURTHER RESOLVED, that the Common Council hereby authorizes and directs the City of Utica to file an application for funds to the SS4A with a 20% local match; and FURTHER RESOLVED, that the Mayor of the City of Utica be and is hereby authorized to act on behalf of the City of Utica in all matters related to this financial assistance, and upon approval of the said request, to enter into and execute a state assistance contract for such financial assistance; and FURTHER RESOLVED, this Resolution shall take effect immediately. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 9 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa RESOLUTION APPROVING THE GRANTING OF THREE PERMANENT EASEMENTS TO UHPDC (MOHAWK VALLEY GARDEN CORPORATION) WHEREASs, the Utica Harbor Point Development Corporation (UHPDC), a New York local development corporation having an address of 1 Kennedy Plaza, Utica, New York 13502 owns certain real property, namely Lot #1, Lot #2 and Lot B, as set forth on the attached survey that abut property owned by the City of Utica; and WHEREAS, the UHPDC is in the process of selling the above referenced lots to Mohawk Valley Garden Corporation for development; and WHEREAS, the UHPDC and ultimately Mohawk Valley Garden Corporation require three permanent easements from the City of Utica on lands more specifically described in the attached survey, with one easement for .082 acres for patio seating; a second easement for .059 acres for ingress and egress to the 1933 building and a third easement for .071 acres for parking; and WHEREAS, such Easements are authorized subject to the approval of the Common Council of the City of Utica, it is now, therefore, RESOLVED, that the Mayor is authorized to execute the appropriate Grant of Easement and other documents necessary to effectuate this resolution. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 10 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico PROCLAMATION RECOGNIZING THE GRAND OPENING OF CRUST KITCHEN & BAR IN UTICA WHEREAS, Crust Kitchen & Bar will celebrate the grand opening of its Utica location on May 11, 2026, at 330 Main Street in the City of Utica; and WHEREAS, the Utica location represents the second location of Crust Kitchen & Bar, building upon the success of its original restaurant in Rome, New York; and WHEREAS, Crust Kitchen & Bar, led by Chris Destito and Frank Belmont, has become known in the Mohawk Valley for its creative sandwiches and commitment to fresh, quality ingredients; and WHEREAS, Crust Kitchen & Bar’s stated mission is to craft remarkable food and experiences for its patrons and community, reflecting the spirit of hospitality, hard work, and local pride that strengthens neighborhoods throughout our region; and WHEREAS, Crust Kitchen & Bar’s expansion into Utica contributes to the growth of Utica’s dining, hospitality, and small business community; and WHEREAS, locally owned restaurants play an important role in creating gathering places, supporting workers, attracting visitors, and adding to the quality of life for residents and families; and WHEREAS, the Common Council of the City of Utica wishes to recognize and celebrate the continued investment of local entrepreneurs who choose to grow, create, and serve within our community; now, therefore, be it PROCLAIMED, that the Common Council of the City of Utica hereby recognizes and congratulates Crust Kitchen & Bar on its Utica grand opening on May 11, 2026, and extends its best wishes to Chris Destito, Frank Belmont, and the entire Crust Kitchen & Bar team for continued success in Utica and throughout the Mohawk Valley; and FURTHER PROCLAIMED, this proclamation will forever be inscribed into the minutes of the City of Utica Common Council Meeting on this 6th day of May 2026. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 11 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico PROCLAMATION FOR THE 110TH ANNIVERSARY OF NORTH UTICA WHEREAS, on May 15th 1916, the section of Utica now known as North Utica was annexed from the town of Deerfield, and WHEREAS, in 1916 at the time of North Utica's annexation the population was approximately 900 residents and now, 110 years later, North Utica alone is approximately 9000 residents, and WHEREAS, as the years have passed, North Utica has changed and become a family friendly place to live. Where farms and vast areas of woods once stood, our community is now home to neighborhoods, shopping centers and schools while parks with walking and hiking trails lined with creeks and streams still preserve the natural beauty of the area. On any given night, one can find a game to attend at the many baseball, softball, football or soccer fields that call North Utica home, and WHEREAS, North Utica has gone through many changes and is now faced with moving into the future. With the replacement of the bridges over the Erie Canal and Mohawk River, addition of Harbor Point, North Utica is looking forward to growing into the future, and WHEREAS, North Utica is populated with restaurants, banks, coffee shops, hotels, churches, barber shops, doctor's offices, shopping centers, dance studios, diners, pharmacies, and WHEREAS, North Utica was home to 8 cemeteries, some now removed, home to Revolutionary War Veterans and Founding Family members of Deerfield, and RESOLVED, as we move forward with anticipation for the future of North Utica, the Common Council would like to remember the past and recognize the 110th birthday of the seasoned yet young, vibrant and ever expanding North Utica, and FURTHER RESOLVED, that this Resolution be inscribed upon the minutes of this Common Council Meeting of May 6th 2026. Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #64 of 2026 CITY OF UTICA Department of Legislation Common Council May 6, 2026 Sponsored by: Councilmember Wasielewski AN ORDINANCE ESTABLISHING MINIMUM PUBLIC ACCESS HOURS FOR RESTROOM FACILITIES IN CITY PARKS WHEREAS, the parks of the City of Utica are held for the benefit and enjoyment of the public and serve as gathering spaces for residents and visitors; and WHEREAS, access to restroom facilities is a basic public amenity that supports the health, comfort, and dignity of individuals utilizing City parks; and WHEREAS, the Common Council recognizes that the warmer months bring increased park usage by families, children, seniors, and visitors attending recreational programs and community events; and WHEREAS, providing consistent and predictable access to restroom facilities during peak usage periods supports safe and accessible public spaces; and WHEREAS, establishing a minimum daily operating period for park restroom facilities ensures reasonable access while allowing the administration flexibility in staffing, maintenance, and operational logistics; and ORDAINED, by the Common Council of the City of Utica, that the Mayor is authorized to implement the opening of all restroom facilities located within parks owned and operated by the City of Utica for public use for a minimum of four (4) hours per day, between the hours of 8:00AM to 8:00PM, during the period beginning Memorial Day and ending Labor Day of each calendar year, and FURTHER ORDAINED that the Mayor and the Department of Parks and Recreation shall determine the specific hours of operation for such facilities, provided that the minimum four-hour daily access requirement established herein is met, and FURTHER ORDAINED that for purposes of this ordinance, a restroom facility shall be considered available for public use only when it is unlocked, accessible to the public, stocked with toilet paper in each stall, functioning soap dispensers or hand sanitizer, operational plumbing fixtures providing running water, at least one accessible waste receptacle, and functioning interior lighting during all hours of required public access, and has been cleaned no less than once per day on any day it is open pursuant to this ordinance. A facility lacking any of the foregoing shall be deemed closed for purposes of compliance with this ordinance, and FURTHER ORDAINED that nothing in this ordinance shall require the opening of restroom facilities that are temporarily closed due to active plumbing repair, structural damage, a declared public health emergency, or a documented safety hazard requiring physical closure; however, closures based on staffing limitations alone shall not constitute a valid basis for exemption. In the event any restroom facility subject to this ordinance is closed for any reason, the administration shall post written notice at the facility stating the reason for closure and the anticipated reopening date within twenty-four (24) hours of closure. The administration shall make reasonable and good faith efforts to ensure that at least one restroom facility remains available for public use within each park where such facilities exist, and FURTHER ORDAINED that if any restroom facility subject to this ordinance remains closed to the public for a period exceeding five (5) consecutive days during the period beginning Memorial Day and ending Labor Day, the administration shall provide a written notice and explanation to the Common Council within two (2) business days stating the specific reason for the closure and the anticipated timeline for reopening, and  FURTHER ORDAINED that the Mayor and the appropriate departments of the City shall ensure compliance with this ordinance. Inspection, monitoring, and securing of park restroom facilities may be performed by Parks Department personnel or by other authorized City employees, including but not limited to Code Enforcement Officers, Department of Public Works personnel, Police Officers, or other designated personnel, as determined by the administration. Nothing herein shall require the City to employ dedicated restroom attendants, and FURTHER ORDAINED that nothing in this ordinance shall be construed to create a private right of action against the City of Utica, nor shall the City be liable for temporary closures of restroom facilities resulting from vandalism, maintenance needs, staffing limitations, public health considerations, or other operational necessities, and FURTHER ORDAINED that the provisions of this ordinance shall be codified in the Code of Ordinances of the City of Utica and the City Clerk is authorized to make such stylistic or numbering changes as may be necessary to effectuate such codification, and FURTHER ORDAINED that this ordinance shall take effect immediately upon passage and filing with the City Clerk. Yeas: Aiello, Burmaster, Betar, Ervin, Wasielewski, LoMedico – 6 Nays: Carcone, Betrus, Colosimo-Testa – 3 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an 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 7th day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk