Common Council Meeting -- 02.16.2022

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council February 16, 2022 Type & Number Title/Description Date Committed PRO. RES. 7 Flood Mitigation Task Force 01/05/2022 PRO. ORD. 9 Amend the Composition of Police 01/05/2022 PRO. RES. 11 Increase Parks Department 01/05/2022 PRO. RES. 12 Create Inclusive Playgrounds 01/05/2022 INTRO L.L. Registration and Posting of Owner & 01/05/2022 #1 OF 2022 Manager Info & Designation of Agent PRO. ORD. 2 Ordinance Amending Composition 01/28/2022 Of the Bureau Of Fire PRO. RES. 9 Resolution in Support of the Replacement of all Lead Service Lines (private & public property) in Utica 02/02/2022  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 04 / 22 Proposed Resolution No. 7 Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa CREATING A FLOOD MITIGATION TASK FORCE FOR THE CITY OF UTICA, NEW YORK WHEREAS, the Federal Emergency Management Agency (FEMA) has identified areas within and around the City of Utica, NY (Community No. 360558) that qualify as areas of special flood hazard; and WHEREAS, Sec. 2-10-6 of the City of Utica Code of Ordinances explains the basis for establishing areas of special flood hazard and reads as follows: Sec. 2-10-6. Basis for establishing areas of special flood hazard. (a) The areas of special flood hazard for the City of Utica, Community No. 360558, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map Panel Nos. 36065C0615F, 36065C0731F, 36065C0732F, 36065C0733F, 36065C0734F, 36065C0751F, 36065C0752F, 36065C0753F, 36065C0754F, 36065C0756F, and 36065C0758F, whose effective date is September 27, 2013, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. (2) A scientific and engineering report, entitled "Flood Insurance Study, Oneida County, New York, All Jurisdictions," dated September 27, 2013. (b) The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the City of Utica Department of Engineering, 1 Kennedy Plaza, Utica, New York 13502. THEREFORE, BE IT RESOLVED, that the Common Council of the City of Utica, New York does hereby create and establish a Flood Mitigation Task Force, the scope and purpose of which shall be defined and explained herein: FLOOD MITIGATION TASK FORCE FOR THE CITY OF UTICA, NEW YORK (A) The Flood Mitigation Task Force (FMTF) is created to gather information and develop recommendations related to city-wide and area flooding and its impact to property, public safety, and City finances, with an emphasis on flood mitigation solutions and funding options. (B) The FMTF scope of work shall include: (1) Review and recommendations regarding: a. Flood mitigation and preparedness strategies; b. Flood plain variances and flood buyout policy; c. Structure and use of the adopted drainage utility charge; d. Storm water management system operation and maintenance costs (O&M), capital costs, City fees, flood insurance, and other identified factors that have impacts to affordability and equity in anticipation of the 2022-2023 Council budget conversation; e. Methods and means to provide more public education and outreach to new residents and visitors to raise awareness of flash flooding potential, as well as actions and strategies for the public to take to remain safe;  f. Standard and Green Infrastructure utilization; impacts, regulations, and management of impervious cover; master planning and studies underway; (2) Identifying available funds, including federal, state, and local sources as well as prioritizing future capital investment for flood mitigation and management. (3) Evaluating best practices in peer cities with similar climate and flood issues. (4) Collaborating with the State’s Environmental Commission as appropriate. (5) Collaborating as appropriate with other jurisdictions and agencies that have interest, expertise, and investment authority regarding flood mitigation potentially impacting areas inside and outside of the City of Utica as well as with work groups or other regional initiatives focused on flood issues and storm water management. (6) Assisting in public outreach to share information and engage the community for feedback. (C) Membership of the FMTF shall be as follows: (1) Up to 18 members appointed with up to two by each member of the Utica City Council from their respective districts and up to two by the Mayor, subject to approval by the City Council. (2) Members shall be appointed based upon the appointee's experience in storm water management, hydrological study, social services, emergency services, real estate, financial management, engineering expertise, and/or flood impacts to neighborhoods and commercial property. (3) Appointments shall be made not later than one month after approval of this legislation. (4) If a member of the advisory group subsequently resigns or fails to serve, the vacancy shall be reappointed by the original appointer subject to approval by the City Council. A member fails to serve if they miss three (3) consecutive meetings or one-third of the meetings held in a twelve-month period. Membership may not exceed 20. (D) The FMTF shall: (1) Meet monthly; (2) Coordinate with the City Mayor and staff from appropriate City departments involved in flood mitigation efforts or flood recovery activities, such as: a. Engineering Department; b. Mohawk Valley Water Authority; c. Office of Assessor; d. Oneida County; e. Utica Police Department; f. Utica Fire Department; g. DPW & Parks Department BE IT FURTHER RESOLVED, that the City Mayor shall provide reasonably necessary resources, staff, and technical assistance to the FMTF, including a comprehensive report of all existing City services and efforts around flood mitigation and flood recovery efforts at the first meeting of the FMT. 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. 9 Submitted to council on: 01 / 04 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa AMENDING THE COMPOSITION OF THE BUREAU OF POLICE FOR THE CITY OF UTICA, NEW YORK BE IT ORDAINED, that the Common Council of the City of Utica, New York does hereby amend Sec. 2-2- 167 (a) of the City of Utica Code of Ordinances to read as follows: Sec. 2-2-167. Composition of Bureau of Police (a) The sworn personnel strength and composition of the Bureau of Police of the Department of Public Safety shall consist of the following members and ranks: Rank Number Authorized Chief 1 Deputy 1 Captains 3 Lieutenants 6 Sergeants 26 Police officers 106 118 Investigators 22 Total 165 177 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 / 04 / 22 Proposed Resolution No. 11 Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa REQUESTING THE ADMINISTRATION ADD MORE MEMBERS TO THE UTICA PARKS DEPARTMENT WHEREAS, the City of Utica has several parks inside the City and has developed a Parks and Recreation Master Plan; and WHEREAS, in order to maintain the parks to the best of the City’s ability, it’s important we invest in our park system by adding crewmembers that will focus on getting our parks back into the conditions they need to be, and to maintain them efficiently and effectively; and WHEREAS, the City of Utica has an extensive park system with a total of 677 acres of municipally owned and operated parkland, including three parks that are listed on the National Register of Historic Places; and WHEREAS, City parks (also known as large urban parks) serve a broader purpose than district parks and are used when district parks are not adequate to serve the needs of the community. City parks are the largest in size and typically have the highest rate of use. Due to their size, city parks often offer both passive and active recreation for all age groups. Like District Parks, the focus is on meeting community-based recreational needs, as well as preserving unique landscapes and open spaces. Roscoe Conkling Park, T.R. Proctor Park and F.T. Proctor Park are examples; and WHEREAS, the City has: 1. Roscoe Conkling Park 11. O'Connor Park 2. Thomas R. Proctor Park 12. Quinn Playground 3. Frederick T. Proctor Park 13. Chancellor Park 4. North Utica Park 14. Hirt Playground 5. Seymour Park 15. Hanna Park 6. Pixley Playground 16. Nurses Candlelight Park 7. Wankel Playground 17. Addison Miller Pool 8. Addison Miller Park 18. Buckley Pool 9. Lincoln Playground 19. Fitzgerald Pool 10. Kemble Park 20. Greenman Estates 21. Memorial Parkway; and WHEREAS, it is important for the members of our community, especially our youth, to have access to our parks that are maintained to the best of their ability; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Utica, New York respectfully requests the City administration to add a minimum of 10 employees to our Parks Department for the betterment of the City. 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 / 04 / 22 Proposed Resolution No. 12 Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa URGING THE CITY OF UTICA TO CREATE INCLUSIVE PLAYGROUNDS WHEREAS, the Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public; and WHEREAS, the purpose of the ADA is to ensure that people with disabilities have the same rights and opportunities as everyone else by granting them civil rights protections similar to those protections provided to individuals on the basis of race, color, sex, national origin, age, and religion, and to guarantee equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, play is crucial for human development, the growth of social skills, and self—confidence; and WHEREAS, an accessible playground is one that offers a range of play experiences to children of varying abilities and generally complies with the ADA, but does not mean that each and every feature or event must be usable by every child; and WHEREAS, an inclusive playground provides more for people with disabilities than accessible playgrounds by taking away the barriers to inclusion, both physical and social, and providing a “sensory rich” experience for all; and WHEREAS, children without disabilities may also benefit from inclusive playgrounds by connecting with children from different backgrounds and abilities, and gain empathy, social, and emotional skills; and WHEREAS, inclusive playgrounds provide benefits to more individuals than just children since there are far more parents and grandparents with disabilities than children and cross-generational play is beneficial for families; and WHEREAS, the Council finds that play experiences at parks should be accessible for all children and their families, without regard to physical ability; and WHEREAS, the City of Utica currently lacks inclusive playgrounds; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of Utica, New York urges the City to create an inclusive playground accessible to children and caregivers of all physical abilities; and BE IT FURTHER RESOLVED, that the Common Council urges the city to obtain and consider community input before any design or construction takes place; and BE IT FURTHER RESOLVED, that inclusive playgrounds should be designed and constructed in accordance with the Americans with Disabilities Act of 1990, P.L. 101-336, the 2010 Americans with Disabilities Act Standards for Accessible Design, and any relevant guidelines issued by the United States Department of Justice, including but not limited to accessibility guidelines on play areas, play surfaces, play components, and access routes; and BE IT FURTHER RESOLVED, that inclusive playgrounds should be designed and constructed with sufficient and accessible amenities, including parking spaces and bathrooms; and BE IT FURTHER RESOLVED, that upon adoption by the Common Council of the City of Utica, New York, a certified copy of this Resolution shall be forwarded by the City Clerk to the following: City of Utica Mayor Robert Palmieri, Oneida County Executive Anthony Picente, NYS Assemblywoman Marianne Buttenschon, NYS Senator Joseph Griffo, US Congresswoman Claudia Tenney, US Senator Kirsten Gillibrand, and US Senator Charles 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: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 04 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 1 OF 2022 Presented and read __________, 2022. Laid on the Table ___________, 2022. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2022. Became a Local Law with the approval of the Mayor on __________, 2022, after a public hearing on __________, 2022. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK (THE “MUNICIPALITY”): SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within thirty-five (35) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 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: Corp. Counsel Proposed Ordinance No. 2 Submitted to council on: 01 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 01 / 28 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE WHEREAS, the administration has applied for a SAFER grant from the federal government to provide funds for an additional eight (8) positions of firefighter-firefighter-EMT in the Bureau of Fire, and WHEREAS, the Common Council wishes to amend the composition of the Bureau of Fire to create the number of firefighter-firefighter-EMT positions for which funds are provided for under the grant to be effective only if and when the 2021 SAFER grant application is approved. ORDAINED, §2-2-168 of the Utica City Code regarding the Fire Department composition is hereby amended to read as follows: (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following numbers and ranks: Job Title Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance Superintendent 1 Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshal 1 Fire Lieutenants 22 Firefighters and firefighters/EMT 93 ------------------------ Total 124 (b) The Commissioner of Public Safety shall continue to assign personnel in the numbers and the ranks deemed necessary to the divisions and assignments within the Bureau of Fire as may be created, all in accordance with law. (c) Except as otherwise provided by law, whenever a vacancy occurs in the position of “firefighter” any appointment to fill such vacancy shall be made from the “firefighters/EMT” eligible list. FURTHER ORDAINED, this increase in complement is expressly conditioned upon the approval of the 2021 SAFER grant application sufficient to fund such positions and shall not become effective unless and until said grant is approved. FURTHER ORDAINED, if the 2021 SAFER grant provides funds for a different number of positions than provided for herein, then the complement shall be amended to provide for the number of positions provided for in the grant.  FURTHER ORDAINED, this ordinance shall apply only to the 2021 SAFER grant application and will become null and void if said grant is not approved. FURTHER ORDAINED, this ordinance shall not be certified for publication until after the City Clerk receives certification that the 2021 SAFER grant has been approved and the number of positions funded 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