Elmira City Council — Elmira, NY
Date: 2023-10-11

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

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




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