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Elmira City Council

Regular Meeting

Elmira, NY · November 21, 2023

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, November 20, 2023 – 5:30 PM COUNCIL MEETING 2023-358 Act on resolution dispensing with the minutes of the Corey Cooke Regular Meeting held on Monday, November 6, 2023. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, 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 comments from the public regarding proposed Local Law #2 of 2023. 2023-359 Receive communication from the City Manager and act on Nan Moss resolution announcing the Personnel Action for the City of Elmira whereby Jason A. Drake has been appointed to the position of Solid Waste Specialist II, effective November 6, 2023, at an hourly rate of $18.95. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-360 Receive communication from the City Manager and act on Mayor Mandell resolution recommending the appointment of Timothy Blandford to the Board of Assessment Review. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-361 Receive communication from the Mayor and act on 1 Mayor Mandell resolution recommending the reappointment of Anna Eide, Allen C. Smith, and Lynne Rusinko to the Public Arts Commission. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 1 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 5 NAYS: Nick Grasso TOTAL: 1 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-362 Receive communication from the City Manager and act on Joseph Duffy resolution accepting Records of Activities submitted by Councilmembers Moss and Franchi and directing the records be submitted to the New York State Retirement System. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-363 Receive communication from the City Manager and act on Joseph Duffy resolution declaring the vehicles set forth on the attached list as surplus property and authorizing the sale of the vehicles by way of either on-line auction by Auctions International, Inc. or sale to Pick-A-Part in Horseheads, NY. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-364 Act on resolution adopting Local Law #1 of 2023 to amend Mayor Mandell Section 214 of the City Charter to provide for the payment of compensation to each of the City's Cemetery Commissioners. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Mark A Franchi, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 2 ABSTAIN: Joseph H Duffy TOTAL: 1 ABSENT: Tory Kitching TOTAL: 1 2023-365 Receive communication from Corporation Counsel and Corey Cooke act on resolution authorizing the Mayor to enter into a License Agreement with CASA-Trinity granting a 3-yr revocable license for CASA-Trinity to use City-owned property located at the northwest corner of East Washington Ave and Stowell Street solely for parking purposes and for which CASA-Trinity will pay the City the annual sum of $1,000.00 commencing retroactively to November 1, 2023 and expiring October 31, 2026; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-366 Receive communication from the City Manager and act on Corey Cooke resolution authorizing the Mayor to execute an agreement with Dewittsburgh Housing Development Fund Corp by which the City provides additional police services to Dewittsburgh in consideration for the payment of $154,500.00 for the calendar year 2024; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: Nannette M Moss TOTAL: 1 ABSENT: Tory Kitching TOTAL: 1 2023-367 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement between the City and Chemung County whereby the City provides Hazardous Materials Incident Response to the County and the County will assist the City by paying the annual amount of $35,000.00 for such services; said agreement subject to Corporation Counsel approval, a copy of which is attached hereto. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 3 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-368 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an intermunipical agreement between the Town of Baldwin, Chemung County, and City whereby the City will provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year of 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, 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 2023-369 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an intermunicipal agreement between the Town of Erin, Chemung County, and City whereby the City will provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. MOTION: SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Placed On Consent 2023-370 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Mayor to execute an intermunicipal agreement between the Town of VanEtten, Chemung County, and the City whereby the City will 4 provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, 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 2023-371 Act on Downtown Revitalization Initiative Grant Program Corey Cooke Audit. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-372 Act on Lead Hazard Reduction Grant Program Audit. Mayor Mandell MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-373 Act on Community Development Block Grant Program Corey Cooke Audit. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-374 Act on Audit. Joseph Duffy 5 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 2023-375 Act on resolution to adjourn. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Mark A Franchi, Nannette M Moss TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Tory Kitching TOTAL: 1 6

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Monday, November 20, 2023 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2023-358 Act on resolution dispensing with the minutes of the Corey Cooke Regular Meeting held on Monday, November 6, 2023. FIRST PUBLIC COMMENT PORTION IDENTIFICATION OF CONSENT ITEMS PUBLIC HEARING PUBLIC HEARING for the purpose of receiving comments from the public regarding proposed Local Law #2 of 2023. PERSONNEL ACTIONS 2023-359 Receive communication from the City Manager and act on Nan Moss resolution announcing the Personnel Action for the City of Elmira whereby Jason A. Drake has been appointed to the position of Solid Waste Specialist II, effective November 6, 2023, at an hourly rate of $18.95. 2023-360 Receive communication from the City Manager and act on Mayor Mandell resolution recommending the appointment of Timothy Blandford to the Board of Assessment Review. 2023-361 Receive communication from the Mayor and act on Mayor Mandell resolution recommending the reappointment of Anna Eide, Allen C. Smith, and Lynne Rusinko to the Public Arts Commission. RESOLUTIONS 2023-362 Receive communication from the City Manager and act on Joseph Duffy resolution accepting Records of Activities submitted by Councilmembers Moss and Franchi and directing the records be submitted to the New York State Retirement System. Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 2023-363 Receive communication from the City Manager and act on Joseph Duffy resolution declaring the vehicles set forth on the attached list as surplus property and authorizing the sale of the vehicles by way of either on-line auction by Auctions International, Inc. or sale to Pick-A-Part in Horseheads, NY. LOCAL LAW 2023-364 Act on resolution adopting Local Law #1 of 2023 to amend Mayor Mandell Section 214 of the City Charter to provide for the payment of compensation to each of the City's Cemetery Commissioners. AGREEMENTS 2023-365 Receive communication from Corporation Counsel and Corey Cooke act on resolution authorizing the Mayor to enter into a License Agreement with CASA-Trinity granting a 3-yr revocable license for CASA-Trinity to use City-owned property located at the northwest corner of East Washington Ave and Stowell Street solely for parking purposes and for which CASA-Trinity will pay the City the annual sum of $1,000.00 commencing retroactively to November 1, 2023 and expiring October 31, 2026; said agreement subject to Corporation Counsel approval. 2023-366 Receive communication from the City Manager and act on Corey Cooke resolution authorizing the Mayor to execute an agreement with Dewittsburgh Housing Development Fund Corp by which the City provides additional police services to Dewittsburgh in consideration for the payment of $154,500.00 for the calendar year 2024; said agreement subject to Corporation Counsel approval. 2023-367 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement between the City and Chemung County whereby the City provides Hazardous Materials Incident Response to the County and the County will assist the City by paying the annual amount of $35,000.00 for such services; said agreement subject to Corporation Counsel approval, a copy of which is attached hereto. Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 2023-368 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an intermunipical agreement between the Town of Baldwin, Chemung County, and City whereby the City will provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year of 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. 2023-369 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an intermunicipal agreement between the Town of Erin, Chemung County, and City whereby the City will provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. 2023-370 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Mayor to execute an intermunicipal agreement between the Town of VanEtten, Chemung County, and the City whereby the City will provide animal control services to the Town, enforcing Article 26 of the Agriculture and Markets Law, for the calendar year 2024 and for which the County will pay the City the sum of $6,250.00 on behalf of the Town for these services; said agreement subject to Corporation Counsel approval. AUDITS 2023-371 Act on Downtown Revitalization Initiative Grant Program Corey Cooke Audit. 2023-372 Act on Lead Hazard Reduction Grant Program Audit. Mayor Mandell 2023-373 Act on Community Development Block Grant Program Corey Cooke Audit. 2023-374 Act on Audit. Joseph Duffy 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 2023-375 Act on resolution to adjourn. Nan Moss 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