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Elmira City Council

Regular Meeting

Elmira, NY · December 20, 2022

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, December 19, 2022 – 5:30 PM COUNCIL MEETING 2022-421 Act on resolution dispensing with the minutes of the Brent Stermer Regular Meeting held on Monday, December 5, 2022. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 Public Hearing for the purpose of receiving written and oral comments from the public on the City of Elmira’s application for the Reynolds Way Project by Arbor Housing and Development (406 E Church Street; 410-416 E Church Street; 310 Academy Place) under Round 7 of the Restore NY Communities Program. 2022-422 Act on resolution scheduling a Public Hearing to receive Council as a Whole public comments on the proposed 2023 Operating Budget and 2023 Capital Budget on Tuesday, January 3, 2023 in City Council Chambers, City Hall. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-423 Act on resolution adopting Local Law #5 of 2022 to Mayor Mandell override the tax levy limit established in General Municipal Law Section 3-c. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 1 AYES: Daniel Mandell, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 5 NAYS: Nick Grasso TOTAL: 1 ABSTAIN: TOTAL: 0 1 ABSENT: Tory Kitching TOTAL: 1 2022-424 Receive recommunication from the City Manager and act Joseph Duffy on resolution approving Amendment No. 1 to the Master License Agreement between the City and Eldridge Park Carousel Society, Inc., a copy of which is attached hereto and made a part hereof, and authorizing the Mayor to execute Amendment No. 1. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-425 Receive communication from the City Manager and act on Brent Stermer resolution authorizing the Mayor to execute an agreement between the City and Chemung County whereby the City will provide Hazardous Materials Incident Response upon request of the County and the County will continue to assist the City by paying the annual amount of $35,000.00 for such services; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-426 Act on resolution authorizing the Mayor to execute a Nick Grasso contract with Erway Ambulance Service for the calendar year 2023 whereby Erway will submit to third parties bills on behalf of the City for certain emergency medical services rendered by the City in consideration of $1.00 paid by the City. MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-427 Receive communication from the City Manager and act on 2 Tory Kitching resolution accepting the bid of Pro Dock and Door meeting all specifications as outlined on the attached bid summary sheet in the amount of $35,250.00 for the purchase of a replacement overhead door at Fire Station No. 3 and authorizing the Mayor to execute an agreement with Pro Dock and Door; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 Sponsored By: Mayor Mandell - CM: Kitching Absent 2022-428 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement between the City and the Town of Horseheads whereby the City's Animal Control Department will provide animal control services as needed in accordance with Articles 7 and 26 of the Agriculture and Markets Law for a term of one (1) year at a cost to the Town of $60,996.00 to be paid by the Town in quarterly installments of $15,249.00 commencing retroactively from October 1, 2022 and expiring on September 30, 2023; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 Placed On Consent 2022-429 Receive communication from the City Manager and act on Mayor Mandell resolution approving the purchase of two (2) Mammoth walk behind snow removal equipment with sidewalk attachments at a total cost of $45,410.10 utilizing Chemung County's cooperative contract, a copy of the Ariens Co quote and County Justification are attached; and authorizing the Mayor to sign all required documents to effect the purchase of the equipment. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 3 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-430 Act on Anti Displacement Learning Network Grant Joseph Duffy Program Audit. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-431 Act on Lead Hazard Reduction Grant Program Audit. Nick Grasso MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 5- 0 AYES: Daniel Mandell, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: Nick Grasso TOTAL: 1 ABSENT: Tory Kitching TOTAL: 1 2022-432 Act on Downtown Revitalization Initiative Grant Program Brent Stermer Audit. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-433 Act on Community Development Block Grant Program Nan Moss Audit. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-434 Act on American Rescue Plan Commercial Property Mayor Mandell Rehab Program Audit. 4 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2022-435 Act on Audit. Tory Kitching MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 Sponsored By: Mayor Mandell - CM Kitching Absent 2022-436 Act on resolution to adjourn. Brent Stermer MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 5

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Monday, December 19, 2022 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2022-421 Act on resolution dispensing with the minutes of the Brent Stermer Regular Meeting held on Monday, December 5, 2022. FIRST PUBLIC COMMENT PORTION IDENTIFICATION OF CONSENT ITEMS PUBLIC HEARING Public Hearing for the purpose of receiving written and oral comments from the public on the City of Elmira’s application for the Reynolds Way Project by Arbor Housing and Development (406 E Church Street; 410-416 E Church Street; 310 Academy Place) under Round 7 of the Restore NY Communities Program. RESOLUTIONS 2022-422 Act on resolution scheduling a Public Hearing to receive Council as a Whole public comments on the proposed 2023 Operating Budget and 2023 Capital Budget on Tuesday, January 3, 2023 in City Council Chambers, City Hall. LOCAL LAW 2022-423 Act on resolution adopting Local Law #5 of 2022 to Mayor Mandell override the tax levy limit established in General Municipal Law Section 3-c. AGREEMENTS 2022-424 Receive recommunication from the City Manager and act Joseph Duffy on resolution approving Amendment No. 1 to the Master License Agreement between the City and Eldridge Park Carousel Society, Inc., a copy of which is attached hereto and made a part hereof, and authorizing the Mayor to execute Amendment No. 1. Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 2022-425 Receive communication from the City Manager and act on Brent Stermer resolution authorizing the Mayor to execute an agreement between the City and Chemung County whereby the City will provide Hazardous Materials Incident Response upon request of the County and the County will continue to assist the City by paying the annual amount of $35,000.00 for such services; said agreement subject to Corporation Counsel approval. 2022-426 Act on resolution authorizing the Mayor to execute a Nick Grasso contract with Erway Ambulance Service for the calendar year 2023 whereby Erway will submit to third parties bills on behalf of the City for certain emergency medical services rendered by the City in consideration of $1.00 paid by the City. 2022-427 Receive communication from the City Manager and act on Tory Kitching resolution accepting the bid of Pro Dock and Door meeting all specifications as outlined on the attached bid summary sheet in the amount of $35,250.00 for the purchase of a replacement overhead door at Fire Station No. 3 and authorizing the Mayor to execute an agreement with Pro Dock and Door; said agreement subject to Corporation Counsel approval. 2022-428 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement between the City and the Town of Horseheads whereby the City's Animal Control Department will provide animal control services as needed in accordance with Articles 7 and 26 of the Agriculture and Markets Law for a term of one (1) year at a cost to the Town of $60,996.00 to be paid by the Town in quarterly installments of $15,249.00 commencing retroactively from October 1, 2022 and expiring on September 30, 2023; said agreement subject to Corporation Counsel approval. 2022-429 Receive communication from the City Manager and act on Mayor Mandell resolution approving the purchase of two (2) Mammoth walk behind snow removal equipment with sidewalk attachments at a total cost of $45,410.10 utilizing Chemung County's cooperative contract, a copy of the Ariens Co quote and County Justification are attached; Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 and authorizing the Mayor to sign all required documents to effect the purchase of the equipment. AUDITS 2022-430 Act on Anti Displacement Learning Network Grant Joseph Duffy Program Audit. 2022-431 Act on Lead Hazard Reduction Grant Program Audit. Nick Grasso 2022-432 Act on Downtown Revitalization Initiative Grant Program Brent Stermer Audit. 2022-433 Act on Community Development Block Grant Program Nan Moss Audit. 2022-434 Act on American Rescue Plan Commercial Property Mayor Mandell Rehab Program Audit. 2022-435 Act on Audit. Tory Kitching SECOND PUBLIC COMMENT PORTION CITY MANAGER REPORT ADJOURN 2022-436 Act on resolution to adjourn. Brent Stermer Respectfully Submitted, Angela J. Williams City Clerk Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644