Elmira City Council — Elmira, NY
Date: 2023-11-21

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




 APPROVAL OF MINUTES

2023-358 Act on resolution dispensing with the minutes of the
Corey Cooke Regular Meeting held on Monday, November 6, 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
 #2 of 2023.

 PERSONNEL ACTIONS

2023-359 Receive communication from the City Manager and act on
Nan Moss resolution announcing the Personnel Action for the City of
 Elmira whereby Jason A. Drake has been appointed to the
 position of Solid Waste Specialist II, effective November 6,
 2023, at an hourly rate of $18.95.

2023-360 Receive communication from the City Manager and act on
Mayor Mandell resolution recommending the appointment of Timothy
 Blandford to the Board of Assessment Review.

2023-361 Receive communication from the Mayor and act on
Mayor Mandell resolution recommending the reappointment of Anna
 Eide, Allen C. Smith, and Lynne Rusinko to the Public
 Arts Commission.

 RESOLUTIONS

2023-362 Receive communication from the City Manager and act on
Joseph Duffy resolution accepting Records of Activities submitted by
 Councilmembers Moss and Franchi and directing the
 records be submitted to the New York State Retirement
 System.


 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2023-363 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring the vehicles set forth on the attached
 list as surplus property and authorizing the sale of the
 vehicles by way of either on-line auction by Auctions
 International, Inc. or sale to Pick-A-Part in Horseheads,
 NY.

 LOCAL LAW

2023-364 Act on resolution adopting Local Law #1 of 2023 to amend
Mayor Mandell Section 214 of the City Charter to provide for the
 payment of compensation to each of the City's Cemetery
 Commissioners.

 AGREEMENTS

2023-365 Receive communication from Corporation Counsel and
Corey Cooke act on resolution authorizing the Mayor to enter into a
 License Agreement with CASA-Trinity granting a 3-yr
 revocable license for CASA-Trinity to use City-owned
 property located at the northwest corner of East
 Washington Ave and Stowell Street solely for parking
 purposes and for which CASA-Trinity will pay the City
 the annual sum of $1,000.00 commencing retroactively to
 November 1, 2023 and expiring October 31, 2026; said
 agreement subject to Corporation Counsel approval.

2023-366 Receive communication from the City Manager and act on
Corey Cooke resolution authorizing the Mayor to execute an agreement
 with Dewittsburgh Housing Development Fund Corp by
 which the City provides additional police services to
 Dewittsburgh in consideration for the payment of
 $154,500.00 for the calendar year 2024; said agreement
 subject to Corporation Counsel approval.

2023-367 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
 between the City and Chemung County whereby the City
 provides Hazardous Materials Incident Response to the
 County and the County will assist the City by paying the
 annual amount of $35,000.00 for such services; said
 agreement subject to Corporation Counsel approval, a
 copy of which is attached hereto.


 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2023-368 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 intermunipical agreement between the Town of Baldwin,
 Chemung County, and City whereby the City will provide
 animal control services to the Town, enforcing Article 26
 of the Agriculture and Markets Law, for the calendar year
 of 2024 and for which the County will pay the City the
 sum of $6,250.00 on behalf of the Town for these services;
 said agreement subject to Corporation Counsel approval.

2023-369 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an
 intermunicipal agreement between the Town of Erin,
 Chemung County, and City whereby the City will provide
 animal control services to the Town, enforcing Article 26
 of the Agriculture and Markets Law, for the calendar year
 2024 and for which the County will pay the City the sum
 of $6,250.00 on behalf of the Town for these services; said
 agreement subject to Corporation Counsel approval.

2023-370 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
 intermunicipal agreement between the Town of VanEtten,
 Chemung County, and the City whereby the City will
 provide animal control services to the Town, enforcing
 Article 26 of the Agriculture and Markets Law, for the
 calendar year 2024 and for which the County will pay the
 City the sum of $6,250.00 on behalf of the Town for these
 services; said agreement subject to Corporation Counsel
 approval.

 AUDITS

2023-371 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.

2023-372 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell

2023-373 Act on Community Development Block Grant Program
Corey Cooke Audit.

2023-374 Act on Audit.
Joseph Duffy

 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

2023-375 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 20, 2023 – 5:30 PM
COUNCIL MEETING


2023-358 Act on resolution dispensing with the minutes of the
Corey Cooke Regular Meeting held on Monday, November 6, 2023.

 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

 PUBLIC HEARING for the purpose of receiving
 comments from the public regarding proposed Local Law
 #2 of 2023.

2023-359 Receive communication from the City Manager and act on
Nan Moss resolution announcing the Personnel Action for the City of
 Elmira whereby Jason A. Drake has been appointed to the
 position of Solid Waste Specialist II, effective November 6,
 2023, at an hourly rate of $18.95.

 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

2023-360 Receive communication from the City Manager and act on
Mayor Mandell resolution recommending the appointment of Timothy
 Blandford to the Board of Assessment Review.

 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

2023-361 Receive communication from the Mayor and act on

 1
Mayor Mandell resolution recommending the reappointment of Anna
 Eide, Allen C. Smith, and Lynne Rusinko to the Public
 Arts Commission.

 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

2023-362 Receive communication from the City Manager and act on
Joseph Duffy resolution accepting Records of Activities submitted by
 Councilmembers Moss and Franchi and directing the
 records be submitted to the New York State Retirement
 System.

 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

2023-363 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring the vehicles set forth on the attached
 list as surplus property and authorizing the sale of the
 vehicles by way of either on-line auction by Auctions
 International, Inc. or sale to Pick-A-Part in Horseheads,
 NY.

 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

2023-364 Act on resolution adopting Local Law #1 of 2023 to amend
Mayor Mandell Section 214 of the City Charter to provide for the
 payment of compensation to each of the City's Cemetery
 Commissioners.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Mark A Franchi,
 Nannette M Moss TOTAL: 5
 NAYS: TOTAL: 0

 2
 ABSTAIN: Joseph H Duffy TOTAL: 1
 ABSENT: Tory Kitching TOTAL: 1

2023-365 Receive communication from Corporation Counsel and
Corey Cooke act on resolution authorizing the Mayor to enter into a
 License Agreement with CASA-Trinity granting a 3-yr
 revocable license for CASA-Trinity to use City-owned
 property located at the northwest corner of East
 Washington Ave and Stowell Street solely for parking
 purposes and for which CASA-Trinity will pay the City
 the annual sum of $1,000.00 commencing retroactively to
 November 1, 2023 and expiring October 31, 2026; said
 agreement subject to Corporation Counsel approval.

 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

2023-366 Receive communication from the City Manager and act on
Corey Cooke resolution authorizing the Mayor to execute an agreement
 with Dewittsburgh Housing Development Fund Corp by
 which the City provides additional police services to
 Dewittsburgh in consideration for the payment of
 $154,500.00 for the calendar year 2024; said agreement
 subject to Corporation Counsel approval.

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

2023-367 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
 between the City and Chemung County whereby the City
 provides Hazardous Materials Incident Response to the
 County and the County will assist the City by paying the
 annual amount of $35,000.00 for such services; said
 agreement subject to Corporation Counsel approval, a
 copy of which is attached hereto.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
 3
 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

2023-368 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 intermunipical agreement between the Town of Baldwin,
 Chemung County, and City whereby the City will provide
 animal control services to the Town, enforcing Article 26
 of the Agriculture and Markets Law, for the calendar year
 of 2024 and for which the County will pay the City the
 sum of $6,250.00 on behalf of the Town for these services;
 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,
 Mark A Franchi, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1
 Placed On Consent

2023-369 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an
 intermunicipal agreement between the Town of Erin,
 Chemung County, and City whereby the City will provide
 animal control services to the Town, enforcing Article 26
 of the Agriculture and Markets Law, for the calendar year
 2024 and for which the County will pay the City the sum
 of $6,250.00 on behalf of the Town for these services; said
 agreement subject to Corporation Counsel approval.

 MOTION: 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: TOTAL: 0
 Placed On Consent

2023-370 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
 intermunicipal agreement between the Town of VanEtten,
 Chemung County, and the City whereby the City will

 4
 provide animal control services to the Town, enforcing
 Article 26 of the Agriculture and Markets Law, for the
 calendar year 2024 and for which the County will pay the
 City the sum of $6,250.00 on behalf of the Town for these
 services; 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
 Placed On Consent

2023-371 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke 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

2023-372 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell

 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

2023-373 Act on Community Development Block Grant Program
Corey Cooke 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

2023-374 Act on Audit.
Joseph Duffy


 5
 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

2023-375 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,
 Mark A Franchi, Nannette M Moss TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Tory Kitching TOTAL: 1




 6