Elmira City Council — Elmira, NY
Date: 2023-09-26

Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, September 25, 2023 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2023-292 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 11, 2023.

 FIRST PUBLIC COMMENT PORTION

 IDENTIFICATION OF CONSENT ITEMS

 RESOLUTIONS

2023-293 Resolution authorizing the Mayor to execute Community
Joseph Duffy Development Block Grant and HOME Subrecipient
 Agreements for Fiscal Year 2023-2024.

2023-294 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of a 2023 Dodge
 Charger for use by the Police Department utilizing the
 State Office of General Services Program titled "Vehicle
 Marketplace" in order to meet all bidding requirements
 by General Municipal Law 103 and authorizing the
 Mayor to execute all documents necessary to effect the
 purchase.

2023-295 Receive communication from the City Manager and act on
Council as a Whole resolution accepting the donation of $50.00 from Susan
 Peer Scheu and Winifred T. Peer in memory of James
 Edgar Brown to the City's Fire Department and
 expressing its sincere gratitude for this donation.

2023-296 Act on resolution authorizing the Fire Chief to accept
Council as a Whole gifts/donations of money or tangible property, which
 gifts/donations are to be used for Fire Department
 operational purposes and expressing the City's generosity
 and thoughtfulness to each donor in furthering the
 operation of the City Fire Department.

2023-297 Receive communication from the City Manager and act on
Nan Moss resolution approving the establishment of a Community

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 Development General Fund to be used for the sole
 purpose of Community Development (CD) paying advance
 ("upfront") contractors who have completed projects
 previously approved by CD and thereafter CD shall
 promptly apply to the United States Housing and Urban
 Development Corporation for reimbursement of the funds
 paid to contractors and authorizing the City Chamberlain
 to establish a Community Development General Fund in
 an initial amount not to exceed $100,000.00.

2023-298 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring abandoned and impounded vehicles
 located at the Department of Public Works as City surplus
 property and authorizing the sale of the vehicles set forth
 on the attached list by either on-line auction by Auctions
 International or sale to Pick-A-Part in Horseheads, NY.

 AGREEMENTS

2023-299 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a commission agreement between the
 City and Artist Derek L. Chalfant to create a sculpture to
 be erected in Mark Twain Riverfront Park as depicted on
 the attached drawing at a total cost not to exceed
 $25,000.00 and authorizing the Mayor to execute the
 commission agreement, a copy of which is attached hereto
 and made a part hereof; said agreement subject to
 Corporation Counsel approval.

2023-300 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to enter into a 3-year
 intermunicipal agreement between the City and Town of
 Horseheads (Town) whereby the City's Animal Control
 Department will provide animal control services to the
 Town at an annual cost of $60,996.00 commencing
 October 1, 2023 to September 30, 2024, with three percent
 (3%) increases for the second year at an annual cost of
 $62,825.88 (October 1, 2024 to September 30, 2025) and
 for the third year at an annual cost of $64,710.66 (October
 1, 2025 to September 30, 2026); said agreement attached
 hereto and made part hereof and is 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
2023-301 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 "arrangement letter" with the City's accountants, Insero
 & Co, for a project specific audit for any State/Federal
 Aid NYS Department of Transportation projects
 exceeding $300,000.00, a copy of the arrangement letter is
 attached hereto and made a part hereof; said letter subject
 to Corporation Counsel approval.

 AUDITS

2023-302 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.

2023-303 Act on Anti-Displacement Learning Network Program
Joseph Duffy Audit.

2023-304 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell

2023-305 Act on Community Development Block Grant Program
Nan Moss Audit.

2023-306 Act on Audit.
Corey Cooke

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

 ADJOURN

2023-307 Act on resolution to adjourn.
Nick Grasso

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, September 25, 2023 – 5:30 PM
COUNCIL MEETING


2023-292 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 11, 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

2023-293 Resolution authorizing the Mayor to execute Community
Joseph Duffy Development Block Grant and HOME Subrecipient
 Agreements for Fiscal Year 2023-2024.

 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

2023-294 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of a 2023 Dodge
 Charger for use by the Police Department utilizing the
 State Office of General Services Program titled "Vehicle
 Marketplace" in order to meet all bidding requirements
 by General Municipal Law 103 and authorizing the
 Mayor to execute all documents necessary to effect the
 purchase.

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

2023-295 Receive communication from the City Manager and act on
Council as a Whole resolution accepting the donation of $50.00 from Susan
 1
 Peer Scheu and Winifred T. Peer in memory of James
 Edgar Brown to the City's Fire Department and
 expressing its sincere gratitude for this donation.

 MOTION: Approve SPONSORED BY: Council As A Whole 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

2023-296 Act on resolution authorizing the Fire Chief to accept
Council as a Whole gifts/donations of money or tangible property, which
 gifts/donations are to be used for Fire Department
 operational purposes and expressing the City's generosity
 and thoughtfulness to each donor in furthering the
 operation of the City Fire Department.

 MOTION: Approve SPONSORED BY: Council As A Whole 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

2023-297 Receive communication from the City Manager and act on
Nan Moss resolution approving the establishment of a Community
 Development General Fund to be used for the sole
 purpose of Community Development (CD) paying advance
 ("upfront") contractors who have completed projects
 previously approved by CD and thereafter CD shall
 promptly apply to the United States Housing and Urban
 Development Corporation for reimbursement of the funds
 paid to contractors and authorizing the City Chamberlain
 to establish a Community Development General Fund in
 an initial amount not to exceed $100,000.00.

 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

2023-298 Receive communication from the City Manager and act on
 2
Joseph Duffy resolution declaring abandoned and impounded vehicles
 located at the Department of Public Works as City surplus
 property and authorizing the sale of the vehicles set forth
 on the attached list by either on-line auction by Auctions
 International or sale to Pick-A-Part in Horseheads, NY.

 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

2023-299 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a commission agreement between the
 City and Artist Derek L. Chalfant to create a sculpture to
 be erected in Mark Twain Riverfront Park as depicted on
 the attached drawing at a total cost not to exceed
 $25,000.00 and authorizing the Mayor to execute the
 commission agreement, a copy of which is attached hereto
 and made a part hereof; said agreement subject to
 Corporation Counsel approval.

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

2023-300 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to enter into a 3-year
 intermunicipal agreement between the City and Town of
 Horseheads (Town) whereby the City's Animal Control
 Department will provide animal control services to the
 Town at an annual cost of $60,996.00 commencing
 October 1, 2023 to September 30, 2024, with three percent
 (3%) increases for the second year at an annual cost of
 $62,825.88 (October 1, 2024 to September 30, 2025) and
 for the third year at an annual cost of $64,710.66 (October
 1, 2025 to September 30, 2026); said agreement attached
 hereto and made part hereof and is subject to Corporation
 Counsel approval

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 3
 Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: TOTAL: 0

2023-301 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 "arrangement letter" with the City's accountants, Insero
 & Co, for a project specific audit for any State/Federal
 Aid NYS Department of Transportation projects
 exceeding $300,000.00, a copy of the arrangement letter is
 attached hereto and made a part hereof; said letter 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

2023-302 Act on Downtown Revitalization Initiative 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
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: TOTAL: 0

2023-303 Act on Anti-Displacement Learning Network Program
Joseph Duffy Audit.

 MOTION: Approve SPONSORED BY: Joseph H Duffy 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

2023-304 Act on Lead Hazard Reduction Grant Program 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
 4
 ABSTAIN: TOTAL: 0
 ABSENT: TOTAL: 0

2023-305 Act on Community Development Block Grant Program
Nan Moss Audit.

 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

2023-306 Act on 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

2023-307 Act on resolution to adjourn.
Nick Grasso

 MOTION: Approve SPONSORED BY: Nick Grasso 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




 5