Common Council - Special Meeting

will come to order. The city clerk will call the roll. Aiello, Burmaster, Carcone, Ervin, Petras, Waslowski, Lasota, Lamendola, and Gerutzi. All present. Please rise for the pledge of allegiance followed by a moment of silence for the deceased members of the common council. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. The agenda will be to discuss ENA transfers and any other city business. There is no public comment period. I have a motion and a second to introduce proposed ordinance number one. Motion. Second. April 29th one? What's that? From April 29th. Yes. From April 29th. Yes. ENA transfer fiscal year 2025-26 be it ordained that the controller for the city of Utica is hereby authorized and directed to make the following transfer of funds. Police physician fees. Parks water, fire contracted services. Fire administration physician fees, fire line physician fees, DPW um retirement $43,784.98. Your votes, please. So, the one statement that I'll make before we vote on these. Is there any questions or comments for the comptroller and the budget director that are here now before we vote on any of these? The budget director had introduced this and we approved it in ENA, so we're good with it. Well, because I mean the ordinance is very specific that it says that the comptroller authorizes. So, I

want to make sure that it's okay with you that we're not just putting stuff in there that is out of sorts or anything like that. We already done it. So, I want I want to make sure that you are authorizing this and know what the transfers are as well. And you have two other representatives that also agreed with Thank you. And we didn't get that information after that. Thank you. 7 Ayes adopted. Well, that's fine. What are we voting? Yeah, I already voted. Well, I was yes and then went to no. 8 Ayes adopted. I have a motion and a second to introduce proposed ordinance number two. Motion. Second. Thank you. ENA transfer fiscal year 2025-26 be it ordained that the controller for the city of Utica is hereby authorized and directed to make the following transfer of funds. Assessment salaries for $50,000, contracted services for $50,000. Votes, please. The only thing that I'll ask for clarification on this. Can you explain to me what the difference is between the '24-'25 and '25-'26 year to '25 or '26 and '27 on the transfers? So, there's a difference on how we pay money out from current year fiscal budgets and previous year fiscal budgets. So, I don't know who wants to explain it, but I think it needs to be explained for people to understand. I'll get the first one. Mr. Mayor, you want this one? Yeah, no. I mean, either one. I mean, either any of it. That's a question I forgot to ask, but Can you ask that question again? So, I'm just saying, what's the difference between a budget year that's closed and a current budget year as far as transfers goes? I mean, there's no real difference between the two. This budget year is not closed yet, technically. It's not going to be closed until probably July. June, July? I hope close is early. Um but there's no no difference. So, since you've been here and since you

we've all been on the council, there is nothing different as far as transfers go. What do you mean? Cleaning cleaning up fiscal years, things like that. This is for the new assessor. This is for the I know that. I'm just talking about as far as transfers go. But but there needs to be an explanation. Right, but we're here on a public meeting, so I don't understand what the difference in an explanation would be that you can explain it now so that the people in the audience who have had questions about this or the people in the future, we're here now. Please explain it. But does it have anything to do with ordinance two? We're just passing this. We have a whole committee meeting after What is the difference? Because we're voting on it. So, because you have to explain yourselves and it doesn't make sense, that's why you don't want the explanation now.

We're going to vote on it. We have the committee meeting after this. Votes, please. Can I just Yeah, go ahead quickly. Say '26-'27 for the new budget year. '26-'27 new budget year. Yes. So, does that need to be changed? No, it's not the old one. It's for the new one. Remember, that was the transfer for um claims. Yeah, but on here it says '25-'26. I thought it was '25-'26. You changed it. So, that's my point. So, that's that's the problem is that we're we're making transfers and people don't even realize what budget year they're in and are making transfers from previous year budget years to current budget years. It's not $50,000. Yeah, you have you have the opportunity to vote yes or no. Votes, please. No, but my point is you have to make an amendment on the floor cuz it has to say '26-'27. So, I'll make an amendment on the floor before So, clear the votes. Motion. We don't even know what budget year we're in. We're in previous year's budget reading on the amendment that you're voting on. Sam, Sam, do you have a motion?

Yeah, I got the motion on the Second. Votes on your amendment to change it to '20 Votes on the amendment. 8 Ayes to amend. And now I need your votes on it. 8 Ayes adopted. And uh Mr. President, may I make a motion to pull ordinance one from committee? Yep, second. And it's ordinance one from 4/21/2026. It's in the back of the packet. ENA transfer. ENA transfer. Yep. What year is that? 2025-2026. So, we're in the previous year budget or in the current year budget? It's the previous. Okay, just want to make make sure.

So, we have a second. So, ENA transfer fiscal year 2025-26 be it ordained that the controller for the city of Utica is hereby authorized and directed to make the following transfer of funds. Law contracted services $125,758.04. Fire EMT repairs. Fire administration clothing, fire mechanic repairs, general telephone, fire line salary $235,648.75. Votes, please. So, now that we're on the previous fiscal year, can you explain the difference between a transfer from the current fiscal year to the previous fiscal year? We're just trying to zero out some accounts that money is over. And Frank, you were on the council. Did we have any issues with that before? No. Okay. This was from the Those lines were overspent from last year, so we're moving the line.

Technically, technically, because they still have money in the account. Votes. no, Mr. President, with all due respect, that actually needs to be explained because here we have been in the news saying that the mayor's overspent, done this, done that, and I don't care what mayor it was. If it was Mayor Paul Meary, I've sat on the council and I transferred funds because you had to clean up accounts because that's how budgeting works inside the city of Utica. He needs to vote on that. So, we were just we were just voting on a transfer from a previous year. Nobody even knew what year you were in you were in. So, goes back to goes back to my point. A lot of people have a lot of things to say and don't know what they're actually doing. So, thank you, city clerk, for staying till 6:00. Motion to adjourn. No, I want to say something Motion to adjourn.

to open the committee meeting for this? Here's Here's what I want to say before we adjourn. I called a committee meeting, okay? And the reason I called the committee meeting was to make sure the vendors were whole, not pointing fingers at the controller or the budget director. So, since I called that meeting, I've met with the budget director and the controller. I've been assured that the everybody that was owed money is paid, okay? And I'm assured that going forward this problem will not happen again. So, there's no need to go through and hash this out again. Do you agree with that, Mr. Controller?

Yes, we agreed I Do you agree with that, Mr. Budget Director? Yes, I do. Okay. So, I there's no need to have a committee meeting afterward. The mission of the meeting was to get the vendors paid, and I know the vendors are paid. Thank you. Thank you. Mr. President, can I pull ordinance 9 from committee April 14th, 2026?

Motion and second to pull. Yep. ENA transfer fiscal year 2026-2027 be it ordained that the controller for the city of Utica is hereby authorized and directed to make the following transfer of funds. Was this on the agenda? 2026-27 paving um Okay. $2 million. What is this one? They're receiving the paving uh bond allocation. For the $2 million. Which that one I'm not no, cuz we still haven't got the answers that we needed on that.

you can vote no. Yeah, I'm going to because you guys are transferring money to an account that doesn't even need to be transferred because it's a capital outlay account. Let me ask a question. Mr. Miola when we and Mr. and Elmina You can vote no. It's fine. Okay. Did we have this in our actual Did we Listen, stop interrupting. Let her speak. No more interrupting.

Thank you. Did we have this in our actual budget when we passed the fiscal year 26-27 budget, this account line? No. Thank you. So, just for the record of the common council, you are now voting on an ordinance that was not in your actual budget. That's all I wanted to clarify. Thank you, Mr. Thank you. Votes, please. So So, let me explain it. So, remember what Judge Geramalo was explaining to us at the last meeting, how he stated because you didn't pass it in your actual budget, you did not have the authority to authorize a transfer that is no longer in your in your actual budget that you passed for that fiscal year. This is an account line that the that the Board of ENA passed that was actually labeled wrong because it was in a capital outlay account. It's not an actual transfer to the Board of ENA. He explained that to us several times. So, what they're doing now is I don't know I have no idea cuz they're approving account lines that they don't have the authority to approve. I mean, and that is That's not Votes, please. Why don't you guys revote? Call the board, please. Yep, you can vote. Typically

Uh just for the record, I for the media's sake, I disagree with that whole sentence. This This has never gone to the council. This was a mistake by me and shouldn't say transfer. Thank you. Motion to adjourn. Motion Perfect. Thank you. Appreciate it. councilman I would like to have an executive session. It will be no more than 5 or 10 minutes. There's a legal matter I have to discuss with you and I cannot do it in the public because it's a law legal matter. If you would If you would just stay here 5 or 10 more minutes in executive session, I I have a matter I'd like to discuss with you. There is a motion for executive session for

We have a second for executive session. Well, first of all, well, first of all, you need a motion and a second. You need to take the votes on reconvening the meeting. Yes. Then you need to take a motion and a second on the floor to actually go into an executive session. So, we motion for the record make the motion and the second to open up the meeting back. Well, you said motion and you she said motion, you said second underneath your breath and nobody else was here to do that. Executive vote executive session. So, take five votes to open up the meeting. Yes. I What is this in the regards to? What? What is this in regards to? It's a legal matter. I don't discuss legal matters out in the public.

Obviously, everybody else has been privy to that information that I have. Votes to reconvene. I am making a decision. It's a legal matter and the law says that the attorney for a governmental body may meet with them in executive session. Make a motion to go into executive session for the legal matter. If you don't want to meet, fine. I'm not doing the legislative But if it was about me, I would have recused myself.

Mhm. Mhm. Mhm.

Mhm.

Mhm.

All right, we're back on the back on the record here. Just about 7:00 now. Just got out of executive session. We're still in a special meeting. Do I have a motion to adjourn? Motion. Second. All right, we are adjourned from the special meeting. Thank you, everyone. Thank you.