Elmira City Council — Elmira, NY
Date: 2023-11-15

Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, November 6, 2023 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2023-339 Act on resolution dispensing with the minutes of the
Mayor Mandell Regular Meeting held on Monday, October 23, 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
 #1 of 2023 amending Section 214 of the City Charter to
 provide payment of compensation to each of the City's
 Cemetery Commissioners.

 RESOLUTIONS

2023-340 Receive communication from the City Manager and act on
Joseph Duffy resolution retaining the firm of Precision Trenchless, LLC
 to perform inspection services and recommendations on
 permanent repairs to the City's interceptor sewer and
 various levee penetrations (flood control conduits) at a
 cost to the City of $104,966.00.

2023-341 Act on resolution for a first reading of proposed Local
Mayor Mandell Law #2 of 2023 to override the tax levy limit established in
 General Municipal Law Section 3-c.

2023-342 Act on resolution scheduling a public hearing on
Joseph Duffy November 20, 2023 at 5:30 p.m. to receive public
 comments on proposed Local Law #2 of 2023 to override
 the tax levy limit established in General Municipal Law
 Section 3-c.

2023-343 Receive communication from the City Manager and act on
Nan Moss resolution approving payment of a stipend to the City's
 Domestic Violence Coordinator in the amount of $8,007.59

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 for the 2024 calendar year and authorizing the Mayor to
 sign any documents to effect the State Office of Victim
 Services' subsidy payment to the City.

 ORDINANCE

2023-344 Act on Ordinance amending the Official Map of Streets of
Mayor Mandell the City of Elmira closing, discontinuing, and abandoning
 a portion of Howard Street as shown on the attached map.

 AGREEMENTS

2023-345 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to enter into agreements
 with multiple low bidders meeting all bid specifications for
 groundskeeping products for the Mark Twain Golf
 Course for the calendar year 2024 listed on the attached
 bid summary sheet.

2023-346 Receive communication from the City Manager and act on
Joseph Duffy resolution approving a 4-year agreement between the City
 and West Hill Fire District #3 for fire protection and other
 emergency services for the annual lump sum payment to
 the City of $27,013.00, as outlined in the attached
 agreement, and authorizing the Mayor to execute the
 agreement commencing January 1, 2024 and expiring
 December 31, 2027; said agreement subject to
 Corporation Counsel approval.

2023-347 Act on resolution authorizing the Mayor to execute a
Mayor Mandell License/Security Agreement pertaining to the second-floor
 apartment at the Mark Twain Golf Course granting
 permission to Dan Gosnell to reside in the apartment for a
 monthly rental fee of $500.00 per month paid to the City
 and to render security services at the golf course as
 requested by the golf course manager; said Agreement
 commences November 1, 2023 and is subject to
 Corporation Counsel approval.

2023-348 Act on resolution approving a Memorandum of
Nan Moss Agreement (MOA) between the County and City
 regarding the City's participation in the County's
 Employee Health Benefit Project effective January 1,
 2024, a copy of which is attached hereto and made as part


 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 hereof, and authorizing the Mayor to execute the MOA;
 said MOA subject to Corporation Counsel approval.

2023-349 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a new contract between the City and
 Golf Professional James J. Turcsik, Jr. for a four-year
 contract effective March 1, 2024 through December 15,
 2027, a copy the proposed contract is attached hereto and
 made a part hereof, and authorizing the Mayor to execute
 the agreement; said agreement subject to Corporation
 Counsel approval

2023-350 Act on resolution authorizing the Mayor to execute a
Mayor Mandell Payment in Lieu of Taxes agreement (PILOT), a copy of
 which is attached hereto and made a part hereof, to
 support the construction of a new three-story, 58-unit
 building project located at 182 Washington Avenue by a
 housing development fund company; said PILOT subject
 to Corporation Counsel approval.

 AUDITS

2023-351 Act on Community Development - Downtown
Corey Cooke Revitalization Initiative Audit.

2023-352 Act on Community Development - Anti Displacement
Mayor Mandell Learning Network Audit.

2023-353 Act on Community Development - Lead Hazard
Corey Cooke Reduction Grant Audit.

2023-354 Act on Community Development Block Grant Program
Joseph Duffy Audit.

2023-355 Act on American Rescue Plan Broadband Audit.
Nan Moss

2023-356 Act on Audit.
Corey Cooke

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

 ADJOURN


 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2023-357 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

Elmira City Council
 Meeting Minutes

RE: AGENDA, ELMIRA CITY Monday, November 6, 2023 – 5:30 PM
COUNCIL MEETING


2023-339 Act on resolution dispensing with the minutes of the
Mayor Mandell Regular Meeting held on Monday, October 23, 2023.

 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

 PUBLIC HEARING for the purpose of receiving
 comments from the public regarding proposed Local Law
 #1 of 2023 amending Section 214 of the City Charter to
 provide payment of compensation to each of the City's
 Cemetery Commissioners.

2023-340 Receive communication from the City Manager and act on
Joseph Duffy resolution retaining the firm of Precision Trenchless, LLC
 to perform inspection services and recommendations on
 permanent repairs to the City's interceptor sewer and
 various levee penetrations (flood control conduits) at a
 cost to the City of $104,966.00.

 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

2023-341 Act on resolution for a first reading of proposed Local
Mayor Mandell Law #2 of 2023 to override the tax levy limit established in
 General Municipal Law Section 3-c.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 4- 2
 AYES: Daniel Mandell, Joseph H Duffy, Mark A Franchi, Nannette M
 Moss TOTAL: 4
 NAYS: Corey Cooke, Nick Grasso TOTAL: 2
 ABSTAIN: TOTAL: 0
 1
 ABSENT: Tory Kitching TOTAL: 1

2023-342 Act on resolution scheduling a public hearing on
Joseph Duffy November 20, 2023 at 5:30 p.m. to receive public
 comments on proposed Local Law #2 of 2023 to override
 the tax levy limit established in General Municipal Law
 Section 3-c.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 1
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Mark A Franchi,
 Nannette M Moss TOTAL: 5
 NAYS: Corey Cooke TOTAL: 1
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1

2023-343 Receive communication from the City Manager and act on
Nan Moss resolution approving payment of a stipend to the City's
 Domestic Violence Coordinator in the amount of $8,007.59
 for the 2024 calendar year and authorizing the Mayor to
 sign any documents to effect the State Office of Victim
 Services' subsidy payment to the City.

 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

2023-344 Act on Ordinance amending the Official Map of Streets of
Mayor Mandell the City of Elmira closing, discontinuing, and abandoning
 a portion of Howard Street as shown on the attached map.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Mark A Franchi,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: Nick Grasso TOTAL: 1
 ABSENT: Tory Kitching TOTAL: 1

2023-345 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to enter into agreements
 with multiple low bidders meeting all bid specifications for
 groundskeeping products for the Mark Twain Golf
 Course for the calendar year 2024 listed on the attached
 bid summary sheet.

 2
 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

2023-346 Receive communication from the City Manager and act on
Joseph Duffy resolution approving a 4-year agreement between the City
 and West Hill Fire District #3 for fire protection and other
 emergency services for the annual lump sum payment to
 the City of $27,013.00, as outlined in the attached
 agreement, and authorizing the Mayor to execute the
 agreement commencing January 1, 2024 and expiring
 December 31, 2027; 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

2023-347 Act on resolution authorizing the Mayor to execute a
Mayor Mandell License/Security Agreement pertaining to the second-floor
 apartment at the Mark Twain Golf Course granting
 permission to Dan Gosnell to reside in the apartment for a
 monthly rental fee of $500.00 per month paid to the City
 and to render security services at the golf course as
 requested by the golf course manager; said Agreement
 commences November 1, 2023 and is subject to
 Corporation Counsel approval.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 4- 1
 AYES: Daniel Mandell, Joseph H Duffy, Mark A Franchi, Nannette M
 Moss TOTAL: 4
 NAYS: Nick Grasso TOTAL: 1
 ABSTAIN: Corey Cooke TOTAL: 1
 ABSENT: Tory Kitching TOTAL: 1

2023-348 Act on resolution approving a Memorandum of
Nan Moss Agreement (MOA) between the County and City
 regarding the City's participation in the County's
 Employee Health Benefit Project effective January 1,
 2024, a copy of which is attached hereto and made as part
 3
 hereof, and authorizing the Mayor to execute the MOA;
 said MOA subject to Corporation Counsel approval.

 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

2023-349 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a new contract between the City and
 Golf Professional James J. Turcsik, Jr. for a four-year
 contract effective March 1, 2024 through December 15,
 2027, a copy the proposed contract is attached hereto and
 made a part hereof, and authorizing the Mayor to execute
 the agreement; said agreement subject to Corporation
 Counsel approval

 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

2023-350 Act on resolution authorizing the Mayor to execute a
Mayor Mandell Payment in Lieu of Taxes agreement (PILOT), a copy of
 which is attached hereto and made a part hereof, to
 support the construction of a new three-story, 58-unit
 building project located at 182 Washington Avenue by a
 housing development fund company; said PILOT subject
 to Corporation Counsel approval.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 4- 2
 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M
 Moss TOTAL: 4
 NAYS: Nick Grasso, Mark A Franchi TOTAL: 2
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1

2023-351 Act on Community Development - Downtown
Corey Cooke Revitalization Initiative 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
 4
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1

2023-352 Act on Community Development - Anti Displacement
Mayor Mandell Learning Network Audit.

 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

2023-353 Act on Community Development - Lead Hazard
Corey Cooke Reduction Grant 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

2023-354 Act on Community Development Block Grant Program
Joseph Duffy Audit.

 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

2023-355 Act on American Rescue Plan Broadband Audit.
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

2023-356 Act on Audit.
Corey Cooke

 MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 5
 Mark A Franchi, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1

2023-357 Act on resolution to adjourn.
Nan Moss




 6