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Elmira City Council

Regular Meeting

Elmira, NY · October 11, 2023

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Tuesday, October 10, 2023 – 5:30 PM COUNCIL MEETING 2023-308 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, September 25, 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 2023-309 Act on resolution setting the hours for Trick-or-Treating Joseph Duffy in the City of Elmira on Tuesday, October 31, 2023, between the hours of 5:30PM and 8:00PM. 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 2023-310 Act on resolution to schedule a public hearing on October Mayor Mandell 23, 2023 at 5:30 p.m. to receive comments from the public that the Official Zoning Map be amended by the rezoning of Lot B at 910 Maple Avenue. 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 2023-311 Act on resolution scheduling a public hearing on October Tory Kitching 23, 2023 at 5:30 p.m. to receive comments from the public on the proposed ordinance to close and abandon a portion of Howard Street and ordering the Elmira City Planning Commission Resolution No. 23-09-02 and attached map recommending an amendment to the Official Map of 1 Streets be printed in the minutes. MOTION: Approve SPONSORED BY: Tory Kitching 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 2023-312 Receive communication from Corporation Counsel and Tory Kitching act on resolution designating the City as lead agency and directing the Mayor to file a negative determination that the closing and abandoning of a portion of Howard Street will not have an adverse impact on the environment pursuant to the NYS Environmental Quality Review Act. MOTION: Approve SPONSORED BY: Tory Kitching 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 2023-313 Receive communication from the City Manager and act on Mayor Mandell resolution appointing John McCracken to be the City's stormwater management officer and local stormwater public contact pursuant to the Intermunicipal Agreement Stormwater Management, Erosion and Sediment Control Services. 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 2023-314 Act on resolution rejecting the bids opened on June 6, Joseph Duffy 2023 submitted by National Lawn Sprinkler, George E. Ley Co., and Landscape Unlimited, LLC for the Mark Twain Golf Course Irrigation System Installation Project and authorizing submission of requests for new proposals. 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 2 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-315 Receive communication from the City Manager and act on Mayor Mandell resolution approving the City's purchase of 3,265 plastic refuse and recycling containers utilizing a Sourcewell Cooperative Contract with Toter, LLC for a total cost of $172,882.50. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss, Daniel Mandell, Corey Cooke TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-316 Receive communication from the City Manager and act on Joseph Duffy resolution amending the City's 2023 Capital Budget to approve the purchase of 2 vehicles for Animal Control and Code Departments. 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 2023-317 Act on resolution for the first reading of proposed Local Mayor Mandell Law No. 1 of 2023 to amend Section 214 of the City Charter to provide for the payment of compensation to each City's Cemetery Commissioners in the amount of $75.00 per meeting attended. 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 2023-318 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Chamberlain to accept grant funds awarded by the Governor's Traffic Safety Committee to the Elmira Police Department in the amount of $6,750.00 for participation in statewide Police Traffic Services Program. 3 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 2023-319 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Chamberlain to accept grant funds from the NYS Division of Criminal Justice Services awarded to Elmira Police Department in the amount of $18,375.40 for EPD to purchase Livescan equipment used to process arrestees. 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 2023-320 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the City Manager to execute a Request for Release of Funds and Certification regarding Elmira Housing Authority's application to the US Department of Housing and Urban Development (HUD) for capital funds and authorizing the Mayor to execute an indemnification agreement with the Elmira Housing Authority; said certification and indemnification agreement subject to Corporation Counsel approval. 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 2023-321 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement with Elmira Housing Authority (EHA) whereby the City provides additional police patrol services to EHA from October 9, 2023 through March 31, 2024 at a cost to EHA of $25,509.86; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 4 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 2023-322 Act on resolution approving the leasing of 2 new 2023 Mayor Mandell Ford Escape vehicle from Enterprise Fleet Manager, Inc. for the Police Department utilizing Chemung County's cooperative contract with Sourcewell and authorizing the Mayor to execute the leases; said leases 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 2023-323 Receive communication from the City Manager and act on Joseph Duffy resolution reporting the overtime for the Elmira Fire Department for pay periods 19 and 20 of 2023 in the amount of $39,803.19. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss, Daniel Mandell, Corey Cooke, Nick Grasso TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-324 Act on Lead Hazard Reduction Grant Program 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 2023-325 Act on Community Development Block 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 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-326 Act on American Rescue Plan Elmira Water Board 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 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2023-327 Act on Audit. Nan Moss 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 2023-328 Act on resolution to adjourn. 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 6

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Tuesday, October 10, 2023 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2023-308 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, September 25, 2023. FIRST PUBLIC COMMENT PORTION IDENTIFICATION OF CONSENT ITEMS RESOLUTIONS 2023-309 Act on resolution setting the hours for Trick-or-Treating Joseph Duffy in the City of Elmira on Tuesday, October 31, 2023, between the hours of 5:30PM and 8:00PM. 2023-310 Act on resolution to schedule a public hearing on October Mayor Mandell 23, 2023 at 5:30 p.m. to receive comments from the public that the Official Zoning Map be amended by the rezoning of Lot B at 910 Maple Avenue. 2023-311 Act on resolution scheduling a public hearing on October Tory Kitching 23, 2023 at 5:30 p.m. to receive comments from the public on the proposed ordinance to close and abandon a portion of Howard Street and ordering the Elmira City Planning Commission Resolution No. 23-09-02 and attached map recommending an amendment to the Official Map of Streets be printed in the minutes. 2023-312 Receive communication from Corporation Counsel and Tory Kitching act on resolution designating the City as lead agency and directing the Mayor to file a negative determination that the closing and abandoning of a portion of Howard Street will not have an adverse impact on the environment pursuant to the NYS Environmental Quality Review Act. 2023-313 Receive communication from the City Manager and act on Mayor Mandell resolution appointing John McCracken to be the City's stormwater management officer and local stormwater public contact pursuant to the Intermunicipal Agreement Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 Stormwater Management, Erosion and Sediment Control Services. 2023-314 Act on resolution rejecting the bids opened on June 6, Joseph Duffy 2023 submitted by National Lawn Sprinkler, George E. Ley Co., and Landscape Unlimited, LLC for the Mark Twain Golf Course Irrigation System Installation Project and authorizing submission of requests for new proposals. 2023-315 Receive communication from the City Manager and act on Mayor Mandell resolution approving the City's purchase of 3,265 plastic refuse and recycling containers utilizing a Sourcewell Cooperative Contract with Toter, LLC for a total cost of $172,882.50. 2023-316 Receive communication from the City Manager and act on Joseph Duffy resolution amending the City's 2023 Capital Budget to approve the purchase of 2 vehicles for Animal Control and Code Departments. 2023-317 Act on resolution for the first reading of proposed Local Mayor Mandell Law No. 1 of 2023 to amend Section 214 of the City Charter to provide for the payment of compensation to each City's Cemetery Commissioners in the amount of $75.00 per meeting attended. GRANTS 2023-318 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Chamberlain to accept grant funds awarded by the Governor's Traffic Safety Committee to the Elmira Police Department in the amount of $6,750.00 for participation in statewide Police Traffic Services Program. 2023-319 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Chamberlain to accept grant funds from the NYS Division of Criminal Justice Services awarded to Elmira Police Department in the amount of $18,375.40 for EPD to purchase Livescan equipment used to process arrestees. AGREEMENTS 2023-320 Receive communication from the City Manager and act on Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 Joseph Duffy resolution authorizing the City Manager to execute a Request for Release of Funds and Certification regarding Elmira Housing Authority's application to the US Department of Housing and Urban Development (HUD) for capital funds and authorizing the Mayor to execute an indemnification agreement with the Elmira Housing Authority; said certification and indemnification agreement subject to Corporation Counsel approval. 2023-321 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement with Elmira Housing Authority (EHA) whereby the City provides additional police patrol services to EHA from October 9, 2023 through March 31, 2024 at a cost to EHA of $25,509.86; said agreement subject to Corporation Counsel approval. 2023-322 Act on resolution approving the leasing of 2 new 2023 Mayor Mandell Ford Escape vehicle from Enterprise Fleet Manager, Inc. for the Police Department utilizing Chemung County's cooperative contract with Sourcewell and authorizing the Mayor to execute the leases; said leases subject to Corporation Counsel approval. OVERTIME REPORTS 2023-323 Receive communication from the City Manager and act on Joseph Duffy resolution reporting the overtime for the Elmira Fire Department for pay periods 19 and 20 of 2023 in the amount of $39,803.19. AUDITS 2023-324 Act on Lead Hazard Reduction Grant Program Audit. Corey Cooke 2023-325 Act on Community Development Block Grant Program Corey Cooke Audit. 2023-326 Act on American Rescue Plan Elmira Water Board Audit. Mayor Mandell 2023-327 Act on Audit. Nan Moss Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 SECOND PUBLIC COMMENT PORTION CITY MANAGER REPORT ADJOURN 2023-328 Act on resolution to adjourn. Corey Cooke 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