Common Council Meeting -- 02.02.2022

LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council February 2, 2022 PRO RES. 1 Fee Increase for Birth and Deaths PRO RES. 2 CoD Frank Vescera PRO RES. 3 CoD Robert Buttenschon PRO RES. 4 CoD Terrance Gilbert PRO RES. 5 CoD Lucretia Hunt PRO RES. 6 Approving Uptown Theatre For Creative Arts Application PRO RES. 7 CoD Hanka Grabovica PRO RES. 8 CoD Fahir Garic PRO RES. 9 Resolution in Support of the Replacement of all Lead Service Lines (private & public property) in Utica PRO RES. 10 CoD Robert A. Matyi  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 01 / 26 / 22 Proposed Resolution No. 1 Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend HOME RULE MESSAGE ON BEHALF OF THE CITY OF UTICA REQUESTING AN AMENDMENT BE APPROVED BY THE NEW YORK STATE LEGISLATURE TO SEC. 4173 PARAGRAPH 3. OF THE PUBLIC HEALTH LAW, ALLOWING THE CITY OF UTICA TO INCREASE ITS FEE TO $30.00 FOR PROVIDING CERTIFIED COPIES OF DEATH AND BIRTH CERIFICATES WHEREAS, since 1991, the City of Utica has charged a fee of $10.00 for certified copies of death and birth certificates with a raised seal; and WHEREAS, the New York State Legislature, in Section 4173 paragraph 3 of the Public Health Law, has specifically allowed the Counties of Chemung, Monroe, Onondaga and Tompkins, along with the City of Oswego, to increase said fee to $30.00; and WHEREAS, the City of Utica continues to face increasing costs in providing said services, BE IT RESOLVED, the Mayor of the City of Utica, President of the Common Council and the Common Council of the City of Utica requests that the New York State Legislature and the Governor of the State of New York, amend Section 4173 paragraph 3. of the Public Health Law, to allow the City of Utica Common Council to adopt an Ordinance to increase the fee for providing certified copies of birth and death certificates to $30.00 per copy and BE IT FURTHER RESOLVED, that the Common Council of the City of Utica on behalf of the Mayor, President of the Common Council and the citizens of Utica to assist in the meeting of its financial obligations, requests that Senator Joseph A. Griffo and Assemblywoman Marianne Buttenschon, prepare and submit said legislation for adoption by the Senate and Assembly and submit same to Governor Kathy Hochul for her approval. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 01 / 25 / 22 Proposed Resolution No. 2 Sent to Council Attorney on: 01 / 25 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Frank Vescera 637 Mary Street Utica, New York 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 01 / 25 / 22 Proposed Resolution No. 3 Sent to Council Attorney on: 01 / 25 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Robert Warren Buttenschon 1028 Hess Lane Utica, NY 13502 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 01 / 26 / 22 Proposed Resolution No. 4 Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Terrance C. Gilbert 3 Bonnie Brae Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Aiello Proposed Ordinance No. Submitted to council on: 01 / 26 / 22 Proposed Resolution No. 5 Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Lucretia D. Hunt 903 Bleecker Street Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 01 / 26 / 22 Proposed Resolution No. 6 Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend RESOLUTION BY THE CITY OF UTICA COMMON COUNCIL APPROVING AND ENDORSING UPTOWN THEATRE FOR CREATIVE ARTS AS APPLICANT FOR THE UPTOWN THEATRE RENOVATIONS PROJECT IN ITS APPLICATION TO NATIONAL GRID’S GRANT UNDER THEIR URBAN CENTER/COMMERCIAL DISTRICT REVITALIZATION PROGRAM WHEREAS, the future prosperity of our City depends in part on the success of our cultural and artistic institutions; and WHEREAS, the Uptown Theatre for Creative Arts as applicant desires to apply for $250,000.00 in financial assistance through National Grid’s Urban Center/Commercial District Revitalization Program; and WHEREAS, the application proposes funding to assist the Uptown Theatre for Creative Arts to complete building renovations to this Downtown Anchor Building at 2014 Genesee Street in the City of Utica; and WHEREAS, the proposed funding will contribute to an ongoing community revitalization effort; and WHEREAS, the grant application requires that the applicant obtain approval and endorsement of the governing body of the municipality in which the project will be located. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Utica approves and endorses the National Grid’s Urban Center/Commercial District Revitalization Program for assistance prepared and to be submitted by Uptown Theatre for Creative Arts as applicant. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. Submitted to council on: 01 / 31 / 22 Proposed Resolution No. 7 Sent to Council Attorney on: 01 / 31 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Hanka Grabovica 1511 Roberta Lane Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Aiello Proposed Ordinance No. Submitted to council on: 01 / 31 / 22 Proposed Resolution No. 8 Sent to Council Attorney on: 01 / 31 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Fahir Garcic 406 Hubbell St Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 31 / 22 Proposed Resolution No. 9 Sent to Council Attorney on: 01 / 31 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa, Betrus, Williamson Resolution in Support of the Replacement of all Lead Service Lines (private & public property) in Utica WHEREAS, there is no known safe level of lead in a child’s bloodstream, according to the EPA, CDC, American Academy of Pediatrics, and a plethora of medical and scientific organizations. Utica in particular has one of the highest percentages of lead poisoned children in New York State. A ranking that has persisted for many years and shows no signs of lessening. Although the primary threat is to pregnant women, their fetus, infants and children, drinking water is a source of lead exposure for almost all people. Lead is a powerful neurotoxin that bio-accumulates in the human body over time. The EPA says that “in homes with lead pipes that connect the home with the water main, also known as lead services lines (LSLs), these pipes are typically the most significant source of lead in the water”. Whereas, even low levels of lead in the bloodstream of a child can do damage to their central and peripheral nervous system. Among the health effects are: behavior and learning problems, lower IQ and hyperactivity, slowed growth, hearing problems, anemia, and even death. In adults, lead can cause heart problems, increased blood pressure and incidence of hypertension, decreased kidney function, gruesome teeth and gum damage, and reproductive problems in both men and women. Some studies have also linked child lead poisoning with violence and criminal activity in later life. WHEREAS, residential Lead Service Lines exist in many sections of Utica. Statistics indicate that the highest concentration of lead poisoning occurs in sections of Utica where the housing stock is older, residents are poorer and non-white. Many of these residents would be unable to afford the cost to replace their lead service lines and/or their landlord would be unwilling to pay for replacing the lead pipes. Without cost free replacement of all residential lead service lines such a system as currently exists disproportionately increases the risk of lead exposure for residents of color creating an environmental injustice situation. Right now, only fully replaced lead pipes will be available for property owners with enough money to pay out of pocket or take out a loan. This amounts to obvious race and class discrimination, which sets up a potential for civil rights lawsuits, as is taking place in Providence, Rhode Island. (see attached supplemental information). WHEREAS, Utica recently has received and will continue to get a once in a lifetime infusion of state and federal monies. These funds can be used to finally solve our multi-generational lead drinking water and lead service line problem. Utica will receive $65 million dollars from the American Rescue Plan Act (ARPA). These monies can be used to fund the replacement of lead service lines on a resident’s private property. according to the Treasury Department’s website and Brian Thomas, Commissioner of Urban and Economic Development for the City of Utica. Utica has already received enough money from the ARPA alone to replace all residential lead service lines in the city many times over, without any costs to its residents. In 2017 Utica received approximately $600, 000 from New York state that can also be used to replace LSLs on private property. WHEREAS, still more money will be coming via the Infrastructure Bill that earmarks $15 billion for lead service line replacement. Money from the Reconciliation Bill (commonly referred to as the Build Back Better Bill) could also come our way. These funds however, have a restriction that they cannot currently be used for compensating residential line replacement on private property. This is documented in the e-mail correspondence from Congresswoman Tenney and the NYS Environmental Facilities Corporation (see the attached Supplemental and Supportive information) Unlike NY State, many US states have modified their existing Drinking Water Revolving Fund Program to allow for principal forgiveness grants for LSL replacement on private property. (see attached listing of actions taken by other states). WHEREAS, the Mohawk Valley Water Authority (MVWA) and the City of Utica have both publicly stated their estimates for the total number of LSLs in the City of Utica. Phil Tangorra , MVWA Director of Water Quality says there are less than 2,500, while the City of Utica has stated a figure of 3,000. Mr. Tangorra agrees that the cost of a residential line replacement from the curb stop to the residence is $3,000 to $5,000. Therefore, using the MVWA and City of Utica’s own numbers; the cost to replace all residential lead service lines will range from  $7.5 million to $15 million dollars. This represents only 11.5% to 23% of the total ARPA funds the City of Utica will receive. WHEREAS, replacing this aging infrastructure will come with costs and challenges—but it also will create thousands of jobs and inject millions of dollars into our local economy Therefore, the replacement of all lead service lines in the city should be thought of as a huge opportunity and much needed economic stimulus. Think jobs jobs, and more jobs with a large economic multiplier. Nationally it is estimated that about 84 percent of all jobs created through this investment are in construction (52 percent), professional and business services (24 percent), and manufacturing industries (8 percent). Insofar as the bulk of these jobs involve high skill construction occupations, the jobs created will provide good wages and training opportunities for local residents and promote economic benefits to affected communities. WHEREAS, the benefits of lead service line replacement stretch beyond the direct economic impacts. The positive public health outcomes of such widespread replacement of toxic plumbing are projected to generate additional economic growth. The Environmental Defense Fund estimates, (using data collected by EPA contractors and published health studies), that the full replacement of LSLs would yield ‘societal benefits of more than $205 billion, or about $22,000 per LSL removed. The state of Minnesota found that the benefits to the public and economy of replacing its LSLs are from 10 to 18 times greater than the cost of replacements. Higher property values are an additional potential economic benefit of LSL replacement. A study based in Pittsburgh found that the removal of lead service lines, may increase home worth and translate to household wealth. Replacing lead service lines also generates equity benefits due to the disproportionate presence of LSLs in many low income and minority communities. The impact of replacing LSLs could not only effect historically disadvantaged communities’ generational health and income but could also raise the value of their homes and therefore their wealth. WHEREAS, the citizens of Utica have overwhelmingly voted in favor of a referendum to spend a certain amount of monies each year in order to pave the roads within Utica. There is no plan however, to account for the replacement of the MVWA lead lines from the main to the curb stop that will have to be replaced. As a result, many streets have been newly paved but will have to be dug up and then re-paved after the LSLs have been replaced. This represents an obvious waste of tax payer money. THEREFORE, BE IT RESOLVED, that we affirm our right and the right of all Utica residents, especially our children, to clean, safe, lead free drinking water. We call upon the Mayor, the Mohawk Valley Water Authority (MVWA), and the Utica School District to form a strategic plan and to identify and earmark funding sources to eliminate the lead from the water ingested by the residents of the City of Utica. Specifically, we want the Mayor to put aside (in a separate account) a minimum of 23% ($15 million dollars) of the approximately $65 million dollars the city will receive from the American Rescue Plan Act; in order to enable cost free residential lead service line replacement (on private property) throughout Utica. Doing so will result in environmental justice for all residents and avoid the potential of civil rights lawsuits. We recognize the enormous health, educational, and economic benefits that can accrue from such a large infrastructure project and therefore want said project to be completed in a timely manner. Furthermore, the Mayor should collaborate with the MVWA and produce a paving plan before the start of the 2022 paving season, that accounts for lead pipe removal, thereby avoiding the need to repave streets and resulting in the savings of taxpayer dollars. We also call on Senator Griffo and Assemblywoman Buttenschon to help enable legislation (as in other states) that will allow Drinking Water State Revolving Funds to be used to compensate residents for the removal of their lead service lines on private property. Supportive and supplemental documents are attached. Hundreds of petition signatures will be presented before the vote on this resolution, supporting same. Copies of this resolution are being sent to the Mayor of the City of Utica, Patrick Becher General Manager of the Mohawk Valley Water Authority, District, Senator Joseph Griffo, Assemblywoman Marianne Buttenschon, Congresswoman Claudia Tenney, and Senator Chuck Schumer MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Proposed Ordinance No. Submitted to council on: 02 / 02 / 22 Proposed Resolution No. 10 Sent to Council Attorney on: 02 / 02 / 22 Thursday Rule Waiver Required? N Date of Legislation: 02 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola COMMISSIONER OF DEEDS BE IT RESOLVED, that the Common Council does hereby appoint the following person as Commissioner of Deeds in and for the City of Utica, New York, for a two-year term commencing February 2, 2022 and ending December 31, 2022: Robert Matyi 47 Pond Lane Utica, NY 13501 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime