Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting May 20th 2026 The meeting is called to order at 7:01 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; Michael Murphy, Captain, UPD; Mark Sokolowski, Commissioner, DPW; Jim Noon, Assistant Chief; UFD Brain Thomas, Commissioner, UED; Nick Bridenbecker, City Engineer, Engineering; Phil Trzcinski, Deputy Fire Chief, UFD 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. 5 – PROCLAMATION THALEA HUNTER A motion by Councilmember Aiello to move Pro. Res. 5 Motion seconded by Councilmember Colosimo-Testa Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 1 – RESOLUTION APPROVING RAILROAD LAW APPLICATION FORM A motion by Councilmember Colosimo-Testa to move Pro. Res. 1 Motion seconded by Councilmember Aiello Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9  Nays: 0 Adopted PRO. RES. 2 – RESOLUTION TO APPROVE AND ENDORSE THE CITY’S NY PLAYS APPLICATION FOR THE MLK DREAM PARK IN CORNHILL A motion by Councilmember Colosimo-Testa to move Pro. Res. 2 Motion seconded by Councilmember Aiello 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 Colosimo-Testa 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 Colosimo-Testa 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 Colosimo-Testa Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 7 – E&A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 7 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #65 of 2026 PRO. ORD. 8 – ORDINANCE WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF PARKS MASON A motion by Councilmember Aiello to move Pro. Ord. 8 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #66 of 2026 PRO. RES. 9 – AUTHORIZE THE SALE OF BEER AND WINE A motion by Councilmember Aiello to move Pro. Res. 9 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 10 – RESOLUTION APPROVING SUBRECIPIENT AGREEMENT FOR THE DISTRIBUTION OF ONEIDA COUNTY’S AWARD UNDER NYS DISCOVERY REFORM GRANT PROGRAM FOR STATE FISCAL YEAR 23-24 A motion by Councilmember Colosimo-Testa to amend Pro. Res. 10 Motion seconded by Councilmember Burmaster None opposed A motion by Councilmember Aiello to move Pro. Res. 10 as amended Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD. 11 – ORDINANCE AUTHORIZING PURCHASE OF 37 MEADOW STREET A motion by Councilmember Aiello to move Pro. Ord. 11 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #67 of 2026 PRO. ORD. 12 – E&A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 12 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9  Nays: 0 Adopted as Ordinance #68 of 2026 PRO. ORD. 13 – E&A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 13 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #69 of 2026 PRO. ORD. 14 – BOND ORDINANCE A motion by Councilmember Aiello to amend Pro. Ord. 14 to include the vehicles being bonded for Motion seconded by Councilmember Burmaster None opposed A motion by Councilmember Aiello to move Pro. Ord. 14 as amended Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #70 of 2026 A motion by Councilmember Aiello to pull Pro. Ord. 7 – Ordinance adding Section 2-18-2 from Committee of the Whole Motion seconded by Councilmember Betar None Opposed Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, LoMedico – 8 Nays: Colosimo-Testa – 1 Adopted as Ordinance #71 of 2026 PRO. RES. 15 – PROCLAMATION RECOGNIZING PRIDE MONTH A motion by Councilmember Aiello to move Pro. Res. 15 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, LoMedico – 8 Nays: Colosimo-Testa – 1 Adopted PRO. ORD. 16 – INTERSECTION WHERE STOP REQUIRED A motion by Councilmember LoMedico to move Pro. Ord. 16 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #72 of 2026 Committee of the Whole Meetings were called for on the floor for May 27th at 5PM and June 3rd at 5PM A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember Betar President Giruzzi Adjourned: 8:09 P.M. Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico HONORING THE LIFE AND SERVICE OF THALEA HUNTER WHEREAS, the City of Utica and the City of Utica Clerk’s Office mourn the heartbreaking loss of Thalea Hunter, a truly remarkable woman whose compassion, generosity, and dedication touched countless lives throughout our community; and WHEREAS, Thalea devoted 28 years of faithful service to the citizens of Utica through her work at City Hall, retiring only to later return part-time because helping others was not simply her profession, but who she was at her core; and WHEREAS, Thalea served as a clerk and event coordinator for the many citizens and organizations who came to City Hall to plan events throughout the City of Utica, always offering guidance, patience, and a welcoming smile, and further took on the role of Deputy Registrar of Vital Statistics from December 2005 through 2018, a position requiring extraordinary compassion, patience, and strength, where she provided exceptional care and assistance to funeral directors, grieving families, and members of the public during some of life’s most difficult moments; and WHEREAS, despite the emotional nature of her work at times, Thalea greeted everyone with warmth, kindness, and a smile that brought comfort to so many; and WHEREAS, Thalea was selfless in every aspect of her life, always willing to give of herself to anyone in need, whether through charitable work, assisting with galas and fundraisers, creating raffle baskets without hesitation, volunteering her weekends to help friends, or dedicating her time and talents to organizations such as the Humane Society and others throughout the community; and WHEREAS, her generosity, unwavering spirit, and love for others left an immeasurable impact on all who had the privilege of knowing her, and her absence will be deeply felt not only within City Hall, but throughout the City of Utica; and WHEREAS, it is fitting that the City recognize and honor Thalea’s extraordinary legacy of service, compassion, and commitment to others; PROCLAIMED, that the Common Council and the City of Utica hereby honor the life, service, and memory of Thalea, with profound gratitude for her years of dedication and with deepest sympathy to her family, friends, coworkers, and all those whose lives she touched. FURTHER PROCLAIMED, THAT THIS resolution be inscribed upon the minutes of the Common Council Meeting on May 20th, 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa RESOLUTION APPROVING RAILROAD LAW APPLICATION FORM WHEREAS, the City of Utica desires to discontinue an at-grade railroad crossing that crosses Sickenberger Lane in the City of Utica; and WHEREAS, the discontinuance of this crossing requires that the City of Utica apply to the New York State Department of Transportation, pursuant to Railroad Law § 91, for approval. RESOLVED, that the City of Utica Common Council approves the discontinuance of the at-grade railroad crossing that crosses Sickenberger Lane in the City of Utica. FURTHER RESOLVED, that Railroad Law Application Form is hereby approved in substantially the same form as attached hereto. FURTHER RESOLVED, that the Mayor of the City of Utica is authorized to execute this application and any other documents necessary to effectuate the intent of 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 3 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa RESOLUTION TO APPROVE AND ENDORSE THE CITY’S NY PLAYS APPLICATION FOR THE MLK DREAM PARK IN CORNHILL WHEREAS, Governor Hochul announced the New York Places for Learning, Activity, and Youth Socialization (NY PLAYS) Initiative to support the design, construction, and renovation of Playgrounds that are open to the public in communities across the State; WHEREAS, NY PLAYS is overseen by the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) and administered by the Dormitory Authority of the State of New York (DASNY); WHEREAS, eligible municipalities and not-for-profit entities are invited to apply for NY PLAYS Grants for Playground projects; WHEREAS, the City is proposing to submit an application to fund a new playground to be installed at Martin Luther King, Jr. Dream Park on the corner of South and West streets in order to replace Miller Street Playground, which will be deactivated and demolished to accommodate the new THRIVE Impact Center; WHEREAS, the City is requesting up to $438,000 in funding from DASNY with the required twenty percent match being provided for by CDBG funding; and WHEREAS a formal resolution supporting the application is required by OPRHP and DASNY. RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the submission of a grant request by the City under the NY PLAYS program to fund a new playground in MLK Dream Park in Cornhill. 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 4 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE AT THE RUST BELT REGATTA POST-RACE PARTY 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: Greater Utica Chamber of Commerce, F.X. Matt Brewery Name of Event: Rust Belt Regatta Post-race Party Date of Event: Saturday, September 20, 2026, 2PM to 7:30PM Location of Event: Utica Harbor 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 5 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO SANTA ROSALIA SOCIETY 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: Santa Rosalia Society Name of Event: Santa Rosalia Feast Date of Event: Saturday, August 29th 2026 3PM to 11PM Sunday, August 30th 2026 9AM to 3PM Location of Event: 300 Block of Mohawk 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 6 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE FOR THE JULY 4th CELEBRATION 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: The Utica Center for Development Name of Event: Utica July 4th Celebration at Harbor Point Date of Event: Saturday July 4th 2026, 5PM to 10:00PM Location of Event: Utica Harbor 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #65 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #66 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa ORDINANCE WAIVING RESIDENCY REQUIREMENT FOR THE POSITION OF PARKS MASON WHEREAS, the City has conducted an extensive search and advertisement for the position of Parks Mason and is having difficulties finding qualified and hard-working candidates; and WHEREAS, Mr. Putrelo, Jr. would be an asset to the department, as he is very eager to learn and ambitious; and WHEREAS, the individual currently resides in Marcy, New York; and WHEREAS, Mr. Putrelo, Jr. would like to continue to reside outside the City limits; and WHEREAS, §2.045(b) of the Utica City Charter authorizes the Common Council by ordinance to waive the residency requirement in certain situations; and ORDAINED, pursuant to §2.045(b) of the Utica City Charter, and for the reasons cited above, the Common Council of the City of Utica hereby waives the residency requirement provided for therein to permit the appointment of Louis Putrelo, Jr., of Morgan Road, Marcy, New York, to the position of Parks Mason in the City of Utica. FURTHER ORDAINED, this waiver applies to this individual in this position only, and will not be applicable to any future applicants for the position, unless otherwise determined by the ordinance of the Common Council. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 7 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO MUSON AND 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: Munson/BTS Catering Name of Event: 2026 Summer Arts Festival Date of Event: Friday July 17th 2026, 7PM to 9PM Saturday July 18th 2026, 7PM to 9PM Location of Event: Munson 310 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 8 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa RESOLUTION APPROVING SUBRECIPIENT AGREEMENT FOR THE DISTRIBUTION OF ONEIDA COUNTY’S AWARD UNDER NYS DISCOVERY REFRM GRANT PROGRAM FOR STATE FISCAL YEAR 2023-2024 WHEREAS, Oneida County has received an award from NYS Division of Criminal Justice Services under its Criminal Discovery Reform Grant Program, to provide the County with funding to support local law enforcement agencies by reimbursing them for costs incurred which are related to their implementation of criminal discovery and pretrial/bail reform; and WHEREAS, in support of the Award, Oneida County submitted a funding plan which was developed in collaboration with local stakeholders and designates the intended distributes, including the City of Utica; and WHEREAS, the City of Utica is the recipient of Thirty Thousand ($30,000.00) Dollars under this Agreement for overtime costs; and now RESOLVED the Common Council of the City of Utica hereby authorizes and approves acceptance of the proposed Agreement in substantially in the same form as attached hereto. FURTHER RESOLVED that the Mayor is authorized to execute this Agreement and any other documents necessary to effectuate the intents of this resolution, with Common Council approval following the signage of any contract. 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #67 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa ORDINANCE AUTHORIZING PURCHASE OF 37 MEADOW STREET WHEREAS, the Administration has negotiated an agreement to acquire the 37 Meadow Street from JCI Jones Chemical, more fully described on the attached Exhibit A (4. 037 Acres), and WHEREAS, the property is being acquired for municipal/ public purposes and benefit, and WHEREAS, such a purchase is subject to the approval of the Common Council; ORDAINED, the Common Council of the City of Utica hereby authorizes and approves the acquisition of property described below substantially upon the terms and conditions as set forth in the attached Purchase and Sale Agreement (Attached). FURTHER ORDAINED, that the Mayor is authorized to execute any agreements and perform such further acts as may be necessary to implement this Ordinance. FURTHER ORDAINED, the property to be acquired and the price to be paid therefore is; 37 Meadow Street, as described on the attached Exhibit A, for the purchase price of $75,000.00. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #68 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds: Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #69 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds: Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #70 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa BOND ORDINANCE DATED MAY 20, 2026 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $850,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE PURCHASE OF POLICE DEPARTMENT VEHICLES WHEREAS, all conditions precedent to the financing of the capital projects described below, including compliance with the provision of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the "City") is hereby authorized to undertake the purchase of Police Department vehicles to replace similar vehicles previously in service for one year or more, at an estimated maximum cost not to exceed $850,000 as it pertains to 12 Police Vehicles, 1 Pickup Truck, 1 Animal Control Vehicle and 1 ATV Section 2. It is hereby determined that the estimated maximum cost of the aforesaid class of objects or purposes is $850,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $850,000 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is three (3) years pursuant to paragraph 77 of Section 11.00(a) of the Local Finance Law. Section 4. Any federal or New York State grant funds received by the City for the capital purposes described in Section 1 of this resolution shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to the extent obligations shall not have been issued under this resolution, to reduce the amount to be borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby authorized to determine the allocation of any such federal or New York State grant funds for any one or more of the foregoing purposes. Section 5. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 6. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance.  Section 7. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, including sale by electronic bidding, and the power to issue bonds providing for substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 9. This Ordinance shall constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulation Section 1.150-2. Section 10. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 11. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 13. This Ordinance is not subject to a mandatory or permissive referendum.  Section 14. In the absence of the City Comptroller, the Deputy Comptroller of the City is hereby specifically authorized to exercise the powers delegated to the City Comptroller. Section 15. The Common Council hereby determines that the objects or purposes authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York State Environmental Quality Review Act (the "SEQR Act") and the regulations adopted pursuant thereto by the New York State Department of Environmental Conservation (the “Regulations”), and no further environmental review is required under the SEQRA Act and Regulations. Section 16. This Ordinance, which takes effect immediately, shall be published in full or summary form in the City’s the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #71 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 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; 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. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, LoMedico – 8 Nays: Colosimo-Testa – 1 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 9 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, LoMedico – 8 Nays: Colosimo-Testa – 1 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #72 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmember Burmaster INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections Where Stop Required, be amended to include the following: Sunset Avenue and Newell Street, 4 way stop (Added 05/20/2026) FURTHER ORDAINED, that the proper signage be erected. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, 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 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 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk