Elmira City Council — Elmira, NY
Date: 2023-06-21

Elmira City Council
RE: AGENDA, ELMIRA CITY Tuesday, June 20, 2023 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2023-191 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, June 5, 2023.

 FIRST PUBLIC COMMENT PORTION

 IDENTIFICATION OF CONSENT ITEMS

 RESOLUTIONS

2023-192 Resolution Authorizing the Submittal of a Request to
Joseph Duffy Housing and Urban Development for a Conflict-of-
 Interest Exception

2023-193 Act on resolution of the City Council accepting the canvas
Council as a Whole of the returns of the Elmira Water Board Election and
 further declare Thomas E. Ramich, 854 Euclid Avenue
 Elmira to be elected to the Office of Water Commissioner
 for a term of Five Years expiring June 2028.

2023-194
Corey Cooke Resolution Authorizing the Mayor to Execute HOME ARP
 Agreement


2023-195 Act on resolution receiving the Financial Statements and
Nan Moss Auditor's Report for the Elmira Water Board for Year
 Ending December 31, 2022, and placing same on file.

2023-196 Receive communication from the City Manager and act on
Nick Grasso resolution declaring abandoned/impounded vehicles and
 miscellaneous equipment as surplus property and
 authorizing the sale of the vehicles and equipment in the
 City's possession set forth on the attached list by way of an
 on-line auction by Auctions International or sale of the
 vehicles to Pick-A-Part in Horseheads, NY.

2023-197 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the purchase of firefighting Self-

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 Contained Breathing Apparatus-SCBA-RFP from
 Municipal Emergency Services for the Elmira Fire
 Department at a total cost of $306,800.00; said purchase
 being made through a cooperative contract with the
 cooperative or lead agency being "NPP.Gov".

2023-198 Receive communication from the City Manager and act on
Mayor Mandell resolution retroactively approving the adjustment to the
 City's 2022 General Fund Operating Budget to
 accommodate the $276,068.13 transfer in 2022.

2023-199 Receive and place on file the 2022 Financial Audit Report
Council as a Whole for the City of Elmira.

2023-200 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the sale of surplus City-owned
 property measuring 15 ft in width and 134 ft in length
 adjacent to real property at 467 W. Water Street to Cerio
 Properties, LLC and authorizing the Mayor to execute a
 quitclaim deed and all other title documents necessary to
 convey said parcel.

 ORDINANCE

2023-201 Receive communication from the City Manager and act on
Mark Franchi Ordinance to amend Article IX of Appendix B, Section
 930.1(b) and Section 930.2(c) of the Code of Ordinances of
 the City of Elmira, as Amended.

2023-202 Act on Ordinance to Amend Chapter 5, Article VI, Section
Mark Franchi 25-101(b) of the Code of Ordinances of the City of Elmira,
 as Amended.

 AGREEMENTS

2023-203 Receive communication from the City Manager and act on
Nan Moss resolution approving the City's participation in the
 intergovernmental cooperative purchase program known
 as the National Purchase Partners, LLC d/b/a NPPGov
 and authorizing the Mayor to execute the
 intergovernmental purchase agreement, a copy of which is
 attached hereto, by which the City becomes a participating
 governmental entity in NPPGov; said agreement 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
2023-204 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the purchase of police tasers from
 Axon Enterprises, Inc. at a total contract price of
 $133,798.50 and authorizing the Mayor to execute the
 purchase contract, said purchase being made under the
 current NPPGov taser contract; said contract subject to
 Corporation Counsel approval.

2023-205 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
 between the County and City regarding the Gun Involved
 Violence Elimination X (GIVE) Initiative Project, a copy
 of which is attached hereto and made a part hereof, and
 authorizing the Mayor to execute the agreement; said
 agreement subject to Corporation Counsel approval.

2023-206 Act on resolution approving an Intermunicipal Agreement
Nick Grasso (IMA) with Chemung County municipalities relative to
 stormwater management and erosion and sediment
 control, a copy of which is attached hereto and made a
 part hereof, commencing July 1, 2023 and expiring
 December 31, 2028, the annual 6.16% cost to the City
 being $28,866.25 and authorizing the Mayor to execute the
 IMA; said IMA subject to Corporation Counsel approval.

 AUDITS

2023-207 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

2023-208 Act on Anti Displacement Learning Network Grant
Tory Kitching Program Audit.

2023-209 Act on Community Development Block Grant Program
Corey Cooke Audit.

2023-210 Act on American Rescue Plan Property Rehab Repair
Joseph Duffy Audit.

2023-211 Act On Audit.
Nan Moss

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

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

2023-212 Act on resolution to adjourn.
Mayor Mandell

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, June 20, 2023 – 5:30 PM
COUNCIL MEETING


2023-191 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, June 5, 2023.

 MOTION: SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2
 Sponsored By: Mayor Mandell - CM Kitching Absent

2023-192 Resolution Authorizing the Submittal of a Request to
Joseph Duffy Housing and Urban Development for a Conflict-of-
 Interest Exception

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-193 Act on resolution of the City Council accepting the canvas
Council as a Whole of the returns of the Elmira Water Board Election and
 further declare Thomas E. Ramich, 854 Euclid Avenue
 Elmira to be elected to the Office of Water Commissioner
 for a term of Five Years expiring June 2028.

 MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-194
Corey Cooke Resolution Authorizing the Mayor to Execute HOME ARP
 Agreement

 1
 MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-195 Act on resolution receiving the Financial Statements and
Nan Moss Auditor's Report for the Elmira Water Board for Year
 Ending December 31, 2022, and placing same on file.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-196 Receive communication from the City Manager and act on
Nick Grasso resolution declaring abandoned/impounded vehicles and
 miscellaneous equipment as surplus property and
 authorizing the sale of the vehicles and equipment in the
 City's possession set forth on the attached list by way of an
 on-line auction by Auctions International or sale of the
 vehicles to Pick-A-Part in Horseheads, NY.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2
 Sponsored By: Mayor Mandell Changed Sponsor At The Table Was
 CM Grasso

2023-197 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the purchase of firefighting Self-
 Contained Breathing Apparatus-SCBA-RFP from
 Municipal Emergency Services for the Elmira Fire
 Department at a total cost of $306,800.00; said purchase
 being made through a cooperative contract with the
 cooperative or lead agency being "NPP.Gov".

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0

 2
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-198 Receive communication from the City Manager and act on
Mayor Mandell resolution retroactively approving the adjustment to the
 City's 2022 General Fund Operating Budget to
 accommodate the $276,068.13 transfer in 2022.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-199 Receive and place on file the 2022 Financial Audit Report
Council as a Whole for the City of Elmira.

 MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-200 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the sale of surplus City-owned
 property measuring 15 ft in width and 134 ft in length
 adjacent to real property at 467 W. Water Street to Cerio
 Properties, LLC and authorizing the Mayor to execute a
 quitclaim deed and all other title documents necessary to
 convey said parcel.

 MOTION: Postpone SPONSORED BY: Daniel Mandell VOTE: 0- 0
 AYES: TOTAL: 0
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: TOTAL: 0
 Withdrawn From Agenda

2023-201 Receive communication from the City Manager and act on
Mark Franchi Ordinance to amend Article IX of Appendix B, Section
 930.1(b) and Section 930.2(c) of the Code of Ordinances of
 the City of Elmira, as Amended.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 3
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2
 Sponsored By: Mayor Mandell - CM Franchi Absent

2023-202 Act on Ordinance to Amend Chapter 5, Article VI, Section
Mark Franchi 25-101(b) of the Code of Ordinances of the City of Elmira,
 as Amended.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2
 Sponsored By: Mayor Mandell - CM Franchi Absent

2023-203 Receive communication from the City Manager and act on
Nan Moss resolution approving the City's participation in the
 intergovernmental cooperative purchase program known
 as the National Purchase Partners, LLC d/b/a NPPGov
 and authorizing the Mayor to execute the
 intergovernmental purchase agreement, a copy of which is
 attached hereto, by which the City becomes a participating
 governmental entity in NPPGov; said agreement subject
 to Corporation Counsel approval.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-204 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the purchase of police tasers from
 Axon Enterprises, Inc. at a total contract price of
 $133,798.50 and authorizing the Mayor to execute the
 purchase contract, said purchase being made under the
 current NPPGov taser contract; said contract subject to
 Corporation Counsel approval.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 4
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-205 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
 between the County and City regarding the Gun Involved
 Violence Elimination X (GIVE) Initiative Project, a copy
 of which 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- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-206 Act on resolution approving an Intermunicipal Agreement
Nick Grasso (IMA) with Chemung County municipalities relative to
 stormwater management and erosion and sediment
 control, a copy of which is attached hereto and made a
 part hereof, commencing July 1, 2023 and expiring
 December 31, 2028, the annual 6.16% cost to the City
 being $28,866.25 and authorizing the Mayor to execute the
 IMA; said IMA subject to Corporation Counsel approval.

 MOTION: Postpone SPONSORED BY: Nick Grasso VOTE: 0- 0
 AYES: TOTAL: 0
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: TOTAL: 0
 Withdrawn From Agenda

2023-207 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

 MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-208 Act on Anti Displacement Learning Network Grant
Tory Kitching Program Audit.


 5
 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2
 Sponsored By: Mayor Mandell - CM Kitching Absent

2023-209 Act on Community Development Block Grant Program
Corey Cooke Audit.

 MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-210 Act on American Rescue Plan Property Rehab Repair
Joseph Duffy Audit.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-211 Act On Audit.
Nan Moss

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2

2023-212 Act on resolution to adjourn.
Mayor Mandell

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2



 6