Elmira City Council — Elmira, NY
Date: 2023-03-28

Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, March 27, 2023 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2023-100 Act on resolution dispensing with the minutes of the
Nan Moss Regular Meeting held on Monday, March 13, 2023.

 FIRST PUBLIC COMMENT PORTION

 IDENTIFICATION OF CONSENT ITEMS

 PUBLIC HEARING

 Public Hearing to receive written and oral comments from
 the public regarding the City of Elmira's 2023 Annual
 Action Plan for the Community Development Block Grant
 and HOME Investment Partnership Program.

 PERSONNEL ACTIONS

2023-101 Receive communication from the City Manager and act on
Mayor Mandell resolution announcing the Personnel Actions for the City
 of Elmira whereby Matthew McGrain has been appointed
 to the position of Acting Police Lieutenant, effective
 March 2, 2023, at an annual salary of $97,719.15; Scott
 Packard has been appointed to the position of Deputy
 Police Chief, effective March 8, 2023, at an annual salary
 of $120,645; and Franklin Garrison has elected to retire
 from his position as Solid Waste Specialist II, effective
 March 14, 2023

2023-102 Act on resolution extending appreciation to Franklin
Council as a Whole Garrison for his 22 years of service to the City of Elmira
 and wish him well in his future.

 RESOLUTIONS

2023-103 Act on resolution reporting the results of the Elmira
Nan Moss Housing Authority Election of a Tenant Representative to
 the Elmira Housing Authority, held on March 7, 2023,
 declaring Leslie Gorton elected with a term to expire

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 March 22, 2025.

2023-104 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the retention of a consultant through
 the Animal Protection Federation to assist the City in
 establishing and implementing a program to be
 compliance with the new State Laws regarding animal
 shelters, at no cost to the City except payment of the
 consultant's travel, meals, and lodging expenses.

2023-105 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as the lead agency
 that the City's sale of surplus City-owned of Tax Map
 Parcel # 79.19-5-8 known as 1209 Sullivan Street will not
 have an adverse impact on the environment and directing
 the Mayor to file a negative determination with the sale.

2023-106 Receive communication from the City Manager and act on
Mayor Mandell resolution declaring City-owned property identified as
 Tax Map Parcel # 79.19-5-8 located at 1209 Sullivan Street
 and approving the sale of said property to Mr. Willie
 Owens in consideration of his payment to the City of
 $1,250.00 and authorizing the Mayor to execute and
 deliver a quitclaim to Mr. Owens; said deed and other title
 documents subject to Corporation Counsel approval.

2023-107 Receive communication from the City Manager and act on
Council as a Whole resolution approving the erection of a memorial plaque in
 memory of Tess Rothstein to be placed by the Elmira
 Rotary Club on a metal bench on the City-owned section
 of the Lackawanna Trail closest to the Wegmans Plaza,
 copies of the narrative and proposed plaque are attached
 hereto.

 GRANTS

2023-108 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the City's submission of a grant
 application in the amount of $74,023.00 to the New York
 State Archives Grants Administration Unit, and if
 awarded any funds, approves receipt of the funds to be
 used to upgrade the City's document scanning and storage
 capabilities.



 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2023-109 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the City Manager or Fire Chief to
 submit an application for grant monies to Federal
 Emergency Management Agency (FEMA) in the amount
 of $30,000.00 which funds, if awarded, will be used for the
 purchase or equipment and tools to be used by the Fire
 Prevention Bureau for the purpose of investigating fires,
 with a cost share to the City of five percent (5%) of the
 awarded amount and authorizing the Mayor to execute
 whatever documentation FEMA requires to receive the
 grant funds; said documents subject to Corporation
 Counsel approval.

 ORDINANCE

2023-110 Act on Ordinance authorizing certain Capital items in and
Joseph Duffy for the City of Elmira, Chemung County, New York at a
 total maximum estimated cost of $4,721,500 and
 authorizing the issuance of $3,459,500 bonds of said City
 to pay part of the costs thereof.

 AGREEMENTS

2023-111 Receive communication from the City Manager and act on
Corey Cooke resolution approving Supplemental Agreement #2
 retroactive to September 5, 2022 with Fisher Associates
 for additional costs and scope of services associated with
 the N. Main Street Bridge Rehabilitation Project PIN #'s
 6754.90 and 6755.31 due to delays by Verizon at a
 maximum cost to the City of $104,446.00; and authorizing
 the Mayor to execute the Supplemental Agreement #2;
 said agreement subject to Corporation Counsel approval.

2023-112 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
 intermunicipal agreement with the Town of Baldwin and
 County of Chemung whereby the City's Animal Control
 Department will provide animal control services for the
 main purpose of enforcing Article 26 of the Agriculture
 and Markets Law at a cost of $6,250.00 retroactive to
 January 1, 2023 and expiring December 31, 2023,which
 amount will be paid by the County to the City; 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
2023-113 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 intermunicipal agreement with the Town of Erin and
 County of Chemung whereby the City's Animal Control
 Department will provide animal control services for the
 main purpose of enforcing Article 26 of the Agriculture
 and Markets Law at a cost of $6,250.00 retroactive to
 January 1, 2023 and expiring December 31, 2023, which
 amount will be paid by the County to the City; said
 agreement subject to Corporation Counsel approval.

 AUDITS

2023-114 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

2023-115 Act on Community Development Block Grant Program
Tory Kitching Audit.

2023-116 Act on Audit.
Corey Cooke

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

 ADJOURN

2023-117 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, March 27, 2023 – 5:30 PM
COUNCIL MEETING


2023-100 Act on resolution dispensing with the minutes of the
Nan Moss Regular Meeting held on Monday, March 13, 2023.

 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

 Public Hearing to receive written and oral comments from
 the public regarding the City of Elmira's 2023 Annual
 Action Plan for the Community Development Block Grant
 and HOME Investment Partnership Program.

2023-101 Receive communication from the City Manager and act on
Mayor Mandell resolution announcing the Personnel Actions for the City
 of Elmira whereby Matthew McGrain has been appointed
 to the position of Acting Police Lieutenant, effective
 March 2, 2023, at an annual salary of $97,719.15; Scott
 Packard has been appointed to the position of Deputy
 Police Chief, effective March 8, 2023, at an annual salary
 of $120,645; and Franklin Garrison has elected to retire
 from his position as Solid Waste Specialist II, effective
 March 14, 2023

 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

2023-102 Act on resolution extending appreciation to Franklin
Council as a Whole Garrison for his 22 years of service to the City of Elmira
 and wish him well in his future.

 MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
 1
 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

2023-103 Act on resolution reporting the results of the Elmira
Nan Moss Housing Authority Election of a Tenant Representative to
 the Elmira Housing Authority, held on March 7, 2023,
 declaring Leslie Gorton elected with a term to expire
 March 22, 2025.

 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

2023-104 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the retention of a consultant through
 the Animal Protection Federation to assist the City in
 establishing and implementing a program to be
 compliance with the new State Laws regarding animal
 shelters, at no cost to the City except payment of the
 consultant's travel, meals, and lodging expenses.

 Amended top sheet only. Compliance to compliant.

 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

2023-105 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as the lead agency
 that the City's sale of surplus City-owned of Tax Map
 Parcel # 79.19-5-8 known as 1209 Sullivan Street will not
 have an adverse impact on the environment and directing
 the Mayor to file a negative determination with the sale.

 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
 2
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-106 Receive communication from the City Manager and act on
Mayor Mandell resolution declaring City-owned property identified as
 Tax Map Parcel # 79.19-5-8 located at 1209 Sullivan Street
 and approving the sale of said property to Mr. Willie
 Owens in consideration of his payment to the City of
 $1,250.00 and authorizing the Mayor to execute and
 deliver a quitclaim to Mr. Owens; said deed and other title
 documents 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

2023-107 Receive communication from the City Manager and act on
Council as a Whole resolution approving the erection of a memorial plaque in
 memory of Tess Rothstein to be placed by the Elmira
 Rotary Club on a metal bench on the City-owned section
 of the Lackawanna Trail closest to the Wegmans Plaza,
 copies of the narrative and proposed plaque are attached
 hereto.

 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

2023-108 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the City's submission of a grant
 application in the amount of $74,023.00 to the New York
 State Archives Grants Administration Unit, and if
 awarded any funds, approves receipt of the funds to be
 used to upgrade the City's document scanning and storage
 capabilities.

 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
 3
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Mark A Franchi TOTAL: 1

2023-109 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the City Manager or Fire Chief to
 submit an application for grant monies to Federal
 Emergency Management Agency (FEMA) in the amount
 of $30,000.00 which funds, if awarded, will be used for the
 purchase or equipment and tools to be used by the Fire
 Prevention Bureau for the purpose of investigating fires,
 with a cost share to the City of five percent (5%) of the
 awarded amount and authorizing the Mayor to execute
 whatever documentation FEMA requires to receive the
 grant funds; said documents 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

2023-110 Act on Ordinance authorizing certain Capital items in and
Joseph Duffy for the City of Elmira, Chemung County, New York at a
 total maximum estimated cost of $4,721,500 and
 authorizing the issuance of $3,459,500 bonds of said City
 to pay part of the costs thereof.

 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

2023-111 Receive communication from the City Manager and act on
Corey Cooke resolution approving Supplemental Agreement #2
 retroactive to September 5, 2022 with Fisher Associates
 for additional costs and scope of services associated with
 the N. Main Street Bridge Rehabilitation Project PIN #'s
 6754.90 and 6755.31 due to delays by Verizon at a
 maximum cost to the City of $104,446.00; and authorizing
 the Mayor to execute the Supplemental Agreement #2;
 said agreement subject to Corporation Counsel approval.
 4
 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

2023-112 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
 intermunicipal agreement with the Town of Baldwin and
 County of Chemung whereby the City's Animal Control
 Department will provide animal control services for the
 main purpose of enforcing Article 26 of the Agriculture
 and Markets Law at a cost of $6,250.00 retroactive to
 January 1, 2023 and expiring December 31, 2023,which
 amount will be paid by the County to the City; 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

2023-113 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
 intermunicipal agreement with the Town of Erin and
 County of Chemung whereby the City's Animal Control
 Department will provide animal control services for the
 main purpose of enforcing Article 26 of the Agriculture
 and Markets Law at a cost of $6,250.00 retroactive to
 January 1, 2023 and expiring December 31, 2023, which
 amount will be paid by the County to the City; 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

2023-114 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

 MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
 5
 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

2023-115 Act on Community Development Block Grant Program
Tory Kitching Audit.

 MOTION: Approve SPONSORED BY: Tory Kitching 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

2023-116 Act on Audit.
Corey Cooke

 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

2023-117 Act on resolution to adjourn.
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




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