Elmira City Council — Elmira, NY
Date: 2023-05-23

Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, May 22, 2023 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2023-161 Act on resolution dispensing with the minutes of the
Joseph Duffy Regular Meeting held on Monday, April 10, 2023.

 FIRST PUBLIC COMMENT PORTION

 IDENTIFICATION OF CONSENT ITEMS

 PERSONNEL ACTIONS

2023-162 Receive communication from the City Manager and act on
Council as a Whole resolution announcing the Personnel Actions for the City
 of Elmira whereby Joseph M .Runyan has been appointed
 to the provisional position of Police Lieutenant, effective
 April 18, 2023, at an annual salary of $97,719.15; Michael
 W. Collins has elected to retire from his position of Police
 Officer, effective April 30, 2023: and Dalton J. Guisewhite
 has been appointed to the position of Police Officer,
 effective May 5, 2023, at an annual salary of $52,135.29.

2023-163 Act on resolution extending appreciation to Michael W.
Council as a Whole Collins for his services rendered to the City of Elmira for
 the past 20 years and wish him well in the future.

 RESOLUTIONS

2023-164 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the settlement of The L.C. Whitford
 Co., Inc.'s legal action against the City for a payment by
 the City to Whitford in the amount of $9,833.25 and
 authorizing Corporation Counsel to sign a stipulation
 discontinuing the legal action against the City.

2023-165 Act on resolution receiving the Financial Statements and
Joseph Duffy Auditor's Report for the Elmira Water Board for Year
 Ending December 31, 2022, and placing said report on file.

 AGREEMENTS

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2023-166 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a revocable License Agreement
 granting to James W. Doland to continue an
 encroachment of a shed into a portion of a City-owned
 alley behind 1263 College Avenue, specifically shown on
 the survey map attached hereto and made a part hereof
 and authorizing the Mayor to execute a revocable License
 Agreement; said agreement subject to Corporation
 Counsel approval.

2023-167 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
 between the City and the Village of Elmira Heights, NY,
 whereby the City Code Department will provide Code
 Enforcement services to the Village two days a week for 8
 hours a day and the Village paying the City $60.00 per
 hour, a copy of the agreement is attached hereto and made
 a part hereof, and authorizing the Mayor to sign the
 intermunicipal agreement; said agreement subject to
 Corporation Counsel approval.

2023-168 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
 between the City and the Town of Ashland whereby the
 City's Animal Control Department will provide animal
 control services to the Town at a cost of $6,283.00
 annually to be paid by the Town to the City in monthly
 installments of $523.59 commencing retroactively to May
 1, 2023 and expiring on April 30, 2024 and authorizing the
 Mayor to execute the agreement; said agreement subject
 to Corporation Counsel approval.

2023-169 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
 between the City and the Town of Catlin whereby the
 City's Animal Control Department will provide animal
 control services to the Town at a cost of $9,600.00
 annually to be paid by the Town to the City in monthly
 installments of $800.00 commencing retroactively to May
 1, 2023 and expiring on April 30, 2024 and authorizing the
 Mayor to execute the agreement; 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
2023-170 Receive communication from the City Manager and act on
Corey Cooke resolution approving the purchase of dumpsters for the
 City Department of Public Works utilizing Chemung
 County's cooperative contract with Sourcewell from
 vendor Wastequip Manufacturing Company, LLC at a
 cost of up to $60,000.00 and authorizing the Mayor to sign
 all required documents to effect the purchase of the
 waste/recycling equipment and containers.

2023-171 Act on resolution authorizing and approving a flood
Corey Cooke control easement to the New York State Department of
 Environmental Conservation with the redevelopment of
 Mark Twain Riverfront Park in accordance with the
 attached easement extending from West Water Street
 southerly to the Chemung River Flood Control as shown
 on the attached map and authorizing the Mayor to execute
 the easement and all other documents necessary to effect
 the easement.

 AUDITS

2023-172 Act on Anti Displacement Learning Network Grant
Nan Moss Program Audit.

2023-173 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

2023-174 Act on Community Development Block Grant Program
Joseph Duffy Audit.

2023-175 Act on American Rescue Plan Property Rehab Audit.
Nan Moss

2023-176 Act on Audit
Nick Grasso

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

 ADJOURN

2023-177 Act on resolution to adjourn.
Nan Moss



 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
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, May 22, 2023 – 5:30 PM
COUNCIL MEETING


2023-161 Act on resolution dispensing with the minutes of the
Joseph Duffy Regular Meeting held on Monday, April 10, 2023.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1
 Amended: April 10, 2023 To May 8, 2023.

2023-162 Receive communication from the City Manager and act on
Council as a Whole resolution announcing the Personnel Actions for the City
 of Elmira whereby Joseph M .Runyan has been appointed
 to the provisional position of Police Lieutenant, effective
 April 18, 2023, at an annual salary of $97,719.15; Michael
 W. Collins has elected to retire from his position of Police
 Officer, effective April 30, 2023: and Dalton J. Guisewhite
 has been appointed to the position of Police Officer,
 effective May 5, 2023, at an annual salary of $52,135.29.

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

2023-163 Act on resolution extending appreciation to Michael W.
Council as a Whole Collins for his services rendered to the City of Elmira for
 the past 20 years and wish him well in the future.

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

2023-164 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the settlement of The L.C. Whitford
 Co., Inc.'s legal action against the City for a payment by
 the City to Whitford in the amount of $9,833.25 and
 authorizing Corporation Counsel to sign a stipulation
 discontinuing the legal action against the City.

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

2023-165 Act on resolution receiving the Financial Statements and
Joseph Duffy Auditor's Report for the Elmira Water Board for Year
 Ending December 31, 2022, and placing said report on file.

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

2023-166 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a revocable License Agreement
 granting to James W. Doland to continue an
 encroachment of a shed into a portion of a City-owned
 alley behind 1263 College Avenue, specifically shown on
 the survey map attached hereto and made a part hereof
 and authorizing the Mayor to execute a revocable License
 Agreement; 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,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-167 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
 between the City and the Village of Elmira Heights, NY,
 2
 whereby the City Code Department will provide Code
 Enforcement services to the Village two days a week for 8
 hours a day and the Village paying the City $60.00 per
 hour, a copy of the agreement is attached hereto and made
 a part hereof, and authorizing the Mayor to sign the
 intermunicipal agreement; 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,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-168 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
 between the City and the Town of Ashland whereby the
 City's Animal Control Department will provide animal
 control services to the Town at a cost of $6,283.00
 annually to be paid by the Town to the City in monthly
 installments of $523.59 commencing retroactively to May
 1, 2023 and expiring on April 30, 2024 and authorizing the
 Mayor to execute the agreement; 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,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1
 Placed On Consent

2023-169 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
 between the City and the Town of Catlin whereby the
 City's Animal Control Department will provide animal
 control services to the Town at a cost of $9,600.00
 annually to be paid by the Town to the City in monthly
 installments of $800.00 commencing retroactively to May
 1, 2023 and expiring on April 30, 2024 and authorizing the
 Mayor to execute the agreement; said agreement subject
 to Corporation Counsel approval

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 3
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1
 Placed On Consent

2023-170 Receive communication from the City Manager and act on
Corey Cooke resolution approving the purchase of dumpsters for the
 City Department of Public Works utilizing Chemung
 County's cooperative contract with Sourcewell from
 vendor Wastequip Manufacturing Company, LLC at a
 cost of up to $60,000.00 and authorizing the Mayor to sign
 all required documents to effect the purchase of the
 waste/recycling equipment and containers.

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

2023-171 Act on resolution authorizing and approving a flood
Corey Cooke control easement to the New York State Department of
 Environmental Conservation with the redevelopment of
 Mark Twain Riverfront Park in accordance with the
 attached easement extending from West Water Street
 southerly to the Chemung River Flood Control as shown
 on the attached map and authorizing the Mayor to execute
 the easement and all other documents necessary to effect
 the easement.

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

2023-172 Act on Anti Displacement Learning Network Grant
Nan Moss Program Audit.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 4
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-173 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

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

2023-174 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,
 Tory Kitching, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-175 Act on American Rescue Plan Property Rehab Audit.
Nan Moss

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

2023-176 Act on Audit
Nick Grasso

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

2023-177 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,
 Tory Kitching, Nannette M Moss TOTAL: 6
 5
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1




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