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Elmira City Council

Regular Meeting

Elmira, NY · September 26, 2023

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, September 25, 2023 – 5:30 PM COUNCIL MEETING 2023-292 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, September 11, 2023. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-293 Resolution authorizing the Mayor to execute Community Joseph Duffy Development Block Grant and HOME Subrecipient Agreements for Fiscal Year 2023-2024. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-294 Receive communication from the City Manager and act on Mayor Mandell resolution approving the purchase of a 2023 Dodge Charger for use by the Police Department utilizing the State Office of General Services Program titled "Vehicle Marketplace" in order to meet all bidding requirements by General Municipal Law 103 and authorizing the Mayor to execute all documents necessary to effect the purchase. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 4- 2 AYES: Daniel Mandell, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 4 NAYS: Nick Grasso, Joseph H Duffy TOTAL: 2 ABSTAIN: Corey Cooke TOTAL: 1 ABSENT: TOTAL: 0 2023-295 Receive communication from the City Manager and act on Council as a Whole resolution accepting the donation of $50.00 from Susan 1 Peer Scheu and Winifred T. Peer in memory of James Edgar Brown to the City's Fire Department and expressing its sincere gratitude for this donation. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-296 Act on resolution authorizing the Fire Chief to accept Council as a Whole gifts/donations of money or tangible property, which gifts/donations are to be used for Fire Department operational purposes and expressing the City's generosity and thoughtfulness to each donor in furthering the operation of the City Fire Department. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-297 Receive communication from the City Manager and act on Nan Moss resolution approving the establishment of a Community Development General Fund to be used for the sole purpose of Community Development (CD) paying advance ("upfront") contractors who have completed projects previously approved by CD and thereafter CD shall promptly apply to the United States Housing and Urban Development Corporation for reimbursement of the funds paid to contractors and authorizing the City Chamberlain to establish a Community Development General Fund in an initial amount not to exceed $100,000.00. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-298 Receive communication from the City Manager and act on 2 Joseph Duffy resolution declaring abandoned and impounded vehicles located at the Department of Public Works as City surplus property and authorizing the sale of the vehicles set forth on the attached list by either on-line auction by Auctions International or sale to Pick-A-Part in Horseheads, NY. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-299 Receive communication from the City Manager and act on Mayor Mandell resolution approving a commission agreement between the City and Artist Derek L. Chalfant to create a sculpture to be erected in Mark Twain Riverfront Park as depicted on the attached drawing at a total cost not to exceed $25,000.00 and authorizing the Mayor to execute the commission agreement, a copy of which is attached hereto and made a part hereof; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 2 AYES: Daniel Mandell, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 5 NAYS: Corey Cooke, Nick Grasso TOTAL: 2 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-300 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to enter into a 3-year intermunicipal agreement between the City and Town of Horseheads (Town) whereby the City's Animal Control Department will provide animal control services to the Town at an annual cost of $60,996.00 commencing October 1, 2023 to September 30, 2024, with three percent (3%) increases for the second year at an annual cost of $62,825.88 (October 1, 2024 to September 30, 2025) and for the third year at an annual cost of $64,710.66 (October 1, 2025 to September 30, 2026); said agreement attached hereto and made part hereof and is subject to Corporation Counsel approval MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, 3 Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-301 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an "arrangement letter" with the City's accountants, Insero & Co, for a project specific audit for any State/Federal Aid NYS Department of Transportation projects exceeding $300,000.00, a copy of the arrangement letter is attached hereto and made a part hereof; said letter subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-302 Act on Downtown Revitalization Initiative Grant Program Corey Cooke Audit. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-303 Act on Anti-Displacement Learning Network Program Joseph Duffy Audit. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: Nick Grasso TOTAL: 1 ABSENT: TOTAL: 0 2023-304 Act on Lead Hazard Reduction Grant Program Audit. Mayor Mandell MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 4 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-305 Act on Community Development Block Grant Program Nan Moss Audit. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-306 Act on Audit. Corey Cooke MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-307 Act on resolution to adjourn. Nick Grasso MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 7- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 5

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Monday, September 25, 2023 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2023-292 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, September 11, 2023. FIRST PUBLIC COMMENT PORTION IDENTIFICATION OF CONSENT ITEMS RESOLUTIONS 2023-293 Resolution authorizing the Mayor to execute Community Joseph Duffy Development Block Grant and HOME Subrecipient Agreements for Fiscal Year 2023-2024. 2023-294 Receive communication from the City Manager and act on Mayor Mandell resolution approving the purchase of a 2023 Dodge Charger for use by the Police Department utilizing the State Office of General Services Program titled "Vehicle Marketplace" in order to meet all bidding requirements by General Municipal Law 103 and authorizing the Mayor to execute all documents necessary to effect the purchase. 2023-295 Receive communication from the City Manager and act on Council as a Whole resolution accepting the donation of $50.00 from Susan Peer Scheu and Winifred T. Peer in memory of James Edgar Brown to the City's Fire Department and expressing its sincere gratitude for this donation. 2023-296 Act on resolution authorizing the Fire Chief to accept Council as a Whole gifts/donations of money or tangible property, which gifts/donations are to be used for Fire Department operational purposes and expressing the City's generosity and thoughtfulness to each donor in furthering the operation of the City Fire Department. 2023-297 Receive communication from the City Manager and act on Nan Moss resolution approving the establishment of a Community Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 Development General Fund to be used for the sole purpose of Community Development (CD) paying advance ("upfront") contractors who have completed projects previously approved by CD and thereafter CD shall promptly apply to the United States Housing and Urban Development Corporation for reimbursement of the funds paid to contractors and authorizing the City Chamberlain to establish a Community Development General Fund in an initial amount not to exceed $100,000.00. 2023-298 Receive communication from the City Manager and act on Joseph Duffy resolution declaring abandoned and impounded vehicles located at the Department of Public Works as City surplus property and authorizing the sale of the vehicles set forth on the attached list by either on-line auction by Auctions International or sale to Pick-A-Part in Horseheads, NY. AGREEMENTS 2023-299 Receive communication from the City Manager and act on Mayor Mandell resolution approving a commission agreement between the City and Artist Derek L. Chalfant to create a sculpture to be erected in Mark Twain Riverfront Park as depicted on the attached drawing at a total cost not to exceed $25,000.00 and authorizing the Mayor to execute the commission agreement, a copy of which is attached hereto and made a part hereof; said agreement subject to Corporation Counsel approval. 2023-300 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to enter into a 3-year intermunicipal agreement between the City and Town of Horseheads (Town) whereby the City's Animal Control Department will provide animal control services to the Town at an annual cost of $60,996.00 commencing October 1, 2023 to September 30, 2024, with three percent (3%) increases for the second year at an annual cost of $62,825.88 (October 1, 2024 to September 30, 2025) and for the third year at an annual cost of $64,710.66 (October 1, 2025 to September 30, 2026); said agreement attached hereto and made part hereof and is subject to Corporation Counsel approval Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 2023-301 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an "arrangement letter" with the City's accountants, Insero & Co, for a project specific audit for any State/Federal Aid NYS Department of Transportation projects exceeding $300,000.00, a copy of the arrangement letter is attached hereto and made a part hereof; said letter subject to Corporation Counsel approval. AUDITS 2023-302 Act on Downtown Revitalization Initiative Grant Program Corey Cooke Audit. 2023-303 Act on Anti-Displacement Learning Network Program Joseph Duffy Audit. 2023-304 Act on Lead Hazard Reduction Grant Program Audit. Mayor Mandell 2023-305 Act on Community Development Block Grant Program Nan Moss Audit. 2023-306 Act on Audit. Corey Cooke SECOND PUBLIC COMMENT PORTION CITY MANAGER REPORT ADJOURN 2023-307 Act on resolution to adjourn. Nick Grasso 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