Elmira City Council

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, November 21, 2022 – 5:30 PM COUNCIL MEETING 2022-379 Act on resolution dispensing with the minutes of the Joseph Duffy Regular Meeting held on Monday, November 7, 2022. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy 2022-380 Receive communication from the City Manager and act on Brent Stermer resolution announcing the Personnel Actions for the City of Elmira whereby Suzanne Rundell elected to retire from her position as Grant Administrator, effective November 1, 2022; Molly S. Clune, Horseheads, NY, was appointed to the position of Grant Administrator, effective November 14, 2022, at an annual salary of $51,385; and Chase J. Hartke, Horseheads, NY, was appointed to the position of Public Works Specialist I, effective November 14, 2022, at an hourly rate of $17.61, and placing same on file. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-381 Act on resolution extending appreciation to Suzanne Council as a Whole Rundell for her services rendered to the City of Elmira as a Grant Administrator. for the past 10 years and wish her well in her future. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M 1  Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-382 Resolution authorizing the Mayor to execute Community Brent Stermer Development Block Grant Subrecipient Agreements for the CARES ACT MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-383 Act on resolution scheduling a public hearing on proposed Joseph Duffy Local Law No. 5 of 2022 entitled "A Local Law of the City of Elmira, New York, to Override the Tax Levy Limit Established in General Municipal Law Section 3-c" to hear public comments on Monday, December 5, 2022 at 5:30 p.m. in Council Chambers, Second Floor, 317 E. Church Street, Elmira, NY. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy 2022-384 Receive communication from the City Manager and act on Nan Moss resolution approving the purchase of three 2024 or later Freightliner 108SD Single Axle Cab and Chassis trucks using ARP funds for two trucks and one truck paid from previously approved City's 2022 Capital Budget and authorizing the Mayor to sign any and all required documents to effect these purchases. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Placed On Consent 2 2022-385 Receive communication from the City Manager and act on Joseph Duffy resolution approving the purchase of a Volvo L20HS Loader utilizing Chemung County's cooperative contract with Sourcewell, approving the purchase of equipment from Postler & Jaeckle to be funded by ARP funds and authorizing the Mayor to sign all required documents to effect the purchase of the equipment. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy Placed On Consent 2022-386 Act on resolution referring the proposed closing of Brent Stermer Brownlow Lane to the City Planning Commission for its recommendation. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-387 Act on resolution for the first reading of proposed Local Joseph Duffy Law No. 5 of 2022 entitled "A Local Law of the City of Elmira, New York, to Override the Tax Levy Limit Established in General Municipal Law Section 3-c". MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy 2022-388 Act on resolution approving a five-year Intermunicipal Tory Kitching Agreement (January 1, 2023 through December 31, 2027) between Chemung County, City of Elmira, Town of Elmira, Town of Horseheads, Town of Elmira Heights and Chemung County Sewer and Water District, copy of which is attached hereto and made a part hereof, regarding 3  maintenance of Old Chemung Canal whereby each municipality annually will allocate funds not to exceed $2,000.00 and authorizing the Mayor the execute the Intermunicipal Agreement; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Placed On Consent 2022-389 Receive communication from the City Manager and act on Joseph Duffy resolution approving the Memorandum of Understanding (MOU) between the City and Civil Service Employees Association, Inc., Local 1000, for the City of Elmira CSEA Unit #6531 setting forth and agreeing upon a set of changes and/or amendments to the existing Collective Bargaining Agreement, which expires December 31, 2022, a copy of said MOU is attached hereto and made a part hereof and authorizing the Mayor to execute the MOU. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy 2022-390 Act on resolution approving a Memorandum of Brent Stermer Agreement (MOA) between the City and Chemung County wherein City employees and retirees participate in Chemung County's Employee Health Benefit Program effective January 1, 2023, a copy of which is attached hereto and made a part hereof, and authorizing the Mayor to execute the MOA; said MOA subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 4  ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-391 Receive communication from the City Manager and act on Joseph Duffy resolution approving an Intermunicipal Agreement between the Town of Erin and the City of Elmira whereby the City's Animal Control Department will provide enforcement of Article 7 of the Agriculture and Markets Law services and sheltering services for the calendar year 2023 in consideration of the Town paying the City the annual sum $4,300.00 and authorizing the Mayor to execute the Agreement; said Agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy Placed On Consent 2022-392 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Mayor to enter into a Professional Services Contract between the City and Marc Immerman, MD to provide medical consultation services to the Elmira Fire Department and its Emergency Medical Services Program commencing January 1, 2023 through December 31, 2023 for a fee of $4,000; said contract subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy Placed On Consent 2022-393 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to enter into a Professional Services Contract between the City and Marc Immerman, MD as a Medical Services Director for the Elmira Police Department's SWAT Team commencing January 1, 2023 through December 31, 2023 for a fee of 5  $1,500; said contract subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Placed On Consent 2022-394 Receive communication from the City Manager and act on Brent Stermer resolution accepting Elmira Police Department's DNA testing and analysis grant from Season of Justice approved specifically in the case of Mary Simpson not to exceed the amount of $4,248.00 to be paid directly to Othram and authorizing the Mayor to sign the attached General Grant Terms, Conditions and Understandings; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-395 Act on resolution approving the Eleventh Amendment Nan Moss commencing January 1, 2023 through December 31, 2024 to the Sales Tax Distribution Agreement dated November 3, 1999 between the City and Chemung County, which Amendment is attached hereto and made a part hereof and authorizing the Mayor to execute said Amendment to the Agreement. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-396 Act on Lead Hazard Reduction Grant Program Audit. Joseph Duffy MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M 6  Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 Sponsored By: Deputy Mayor Duffy 2022-397 Act on Downtown Revitalization Initiative Program Audit. Brent Stermer MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-398 Act on Anti Displacement Learning Network Grant Nan Moss Program Audit. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-399 Act on Community Development Block Grant Program Tory Kitching Audit. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-400 Act on American Rescue Plan Property Rehab Repair Tory Kitching Program. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-401 Act on American Rescue Plan Lost Revenue. Brent Stermer 7  MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-402 Act on American Rescue Plan Commercial Property Brent Stermer Rehab Program. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-403 Act on Audit. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 2022-404 Act on resolution to adjourn. Tory Kitching MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 4- 0 AYES: Brent Stermer, Joseph H Duffy, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Daniel Mandell, Nick Grasso, Mark A Franchi TOTAL: 3 8