Elmira City Council — Elmira, NY
Date: 2024-11-05

Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, November 4, 2024 – 5:30 PM
COUNCIL MEETING




 APPROVAL OF MINUTES

2024-332 Act on resolution dispensing with the minutes of the
Corey Cooke regular Meeting held on Monday, October 21, 2024.

 FIRST PUBLIC COMMENT PORTION

 IDENTIFICATION OF CONSENT ITEMS

 RESOLUTIONS

2024-333 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as Lead Agency
 determining the closing and abandonment of an alley
 running southerly from Woodlawn Avenue to Noble
 Street, will not have an adverse impact on the
 environment and directing the Mayor to file a negative
 determination in accordance with SEQR 6NYCRR, Park
 617.12.

2024-334 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution closing and abandoning an alley running
 from Woodlawn Avenue southerly to Noble Street and
 authorizing the Mayor to execute all documents necessary
 to effectuate any conveyances.

2024-335 Receive communication from the City Manager and act on
Nan Moss resolution rescinding Resolution No. 2024-272 pertaining
 to purchase of 3 robots from Innvotronics.

2024-336 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of 3 robots for tactical
 use by the Elmira Police Department SWAT Team from
 Safeware, Inc. for a total purchase price of $48,700.00;
 said purchase to be paid for the LETECH Grant monies
 and determining that the City is utilizing the New York
 State HIRE contract which awarded a vendor contract to
 Safeware, Inc. to provide robots, and by reason thereof,


 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
 formal bidding procedures are not required.

2024-337 Act on resolution for a first reading of a proposed Local
Joseph Duffy Law No. 2 of 2024 to override the tax levy limited
 established in General Municipal Law Section 3-c.

2024-338 Act on resolution scheduling a public hearing on
Mayor Mandell November 18, 2024 at 5:30 p.m. to receive public
 comments on proposed Local Law #2 of 2024 to override
 the tax levy limit established in General Municipal Law
 Section 3-c.

2024-339 Receive communication from the City Manager and act on
Corey Cooke resolution rejecting all bids submitted for the RFB-320
 Parking and Access Control Systems (PACS) equipment
 for the Centertown Parking Garage Project due to an
 irregularity in the bidding process and authorizing
 submission of requests for new proposals.

2024-340 Act on resolution granting permission, upon New York
Mayor Mandell State Department of Transportation approval, to the
 Elmira Police Department to install license plate reader
 equipment within the State's Right-of-Way along Clemens
 Center Parkway (NY Route 14) and East/West Church
 Street (NY Route 352) within the City of Elmira and
 authorizing the Mayor to sign any and all documentation
 necessary as a result of this project.

2024-341 Receive communication from the City Manager and act on
Mayor Mandell resolution referring the amending of Section 520.9 (titled
 "Temporary Signs") of Appendix B of the City's Zoning
 Ordinance to the City Planning Commission and the
 County Planning Board pursuant to Sections 1110 and
 1120 of Appendix B of the Code of Ordinances.

2024-342 Receive communication from the City Manager and act on
Jackie Wilson resolution accepting the bid of Simmons Rockwell Ford of
 Bath, meeting all bid specifications outlined on the
 attached bid summary sheet, to purchase 2 F350 Pick-ups
 with Dump Body and Western Plow for the Department of
 Public Works at a purchase price of $81,789.85 for each
 vehicle and authorizing the Mayor to sign such documents
 necessary to effect this award.



 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2024-343 Receive communication from the City Manager and act on
Gary Brinn resolution accepting the SAFER Grant on behalf of the
 Elmira Fire Department by the US Department of
 Homeland Security FY 2023; said grant monies to be used
 to pay the personnel costs for 4 new firefighters for a 36-
 month period and authorizing the Mayor to sign any and
 all documents necessary to effect the acceptance of the
 grant.

 ORDINANCE

2024-344 Act on Ordinance to amend Chapter 18 of the City of
Mayor Mandell Elmira Code of Ordinances by Adding a New Article to be
 Titled Article VI "Camping".

2024-345 Act on Ordinance to Amend Sections 8-30(c)(8)(a), 8-30(c)
Gary Brinn (8)(b), 8-30(c)(8)(c) and 8-30(c)(2)(e) and Create a New
 Section 8-30(c)(2)(k) of the Code of Ordinances of the City
 of Elmira, New York.

 AGREEMENTS

2024-346 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to enter into agreements
 with multiple low bidders meeting all bid specifications for
 groundskeeping products for the Mark Twain Golf
 Course for the calendar year 2025 listed on the attached
 bid summary sheet.

2024-347 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the attached Customer Quote and
 Lease/Purchase Agreement between the City and Empire
 Golf Cars, a copy of which is attached hereto and made a
 part hereof, to lease 56 gas powered golf cars for a 4-year
 term commencing retroactive to November 1, 2024 and
 expiring October 31, 2028 for the Mark Twain Golf
 Course with an annual rental of $65,829.72 and
 authorizing the Mayor to sign the Lease
 Agreement/Authorization and all other documents
 necessary to effectuate the terms of the Lease; said Lease
 Agreement/Authorization subject to Corporation Counsel
 approval.

2024-348 Receive communication from the City Manager and act on

 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
Corey Cooke resolution authorizing the Change Order submitted by
 Lupini Construction LLC, a copy of which is attached
 hereto and made a part hereof, for additional restoration
 work on the City Clock Tower Project, authorizing the
 Mayor to sign the Change Order and authorizing the City
 Chamberlain to use interest accrued on the City's Capital
 Account(s) to pay for the additional work.

2024-349 Receive communication from the City Manager and act on
Nan Moss resolution granting an easement to Town Line Property
 Management, LLC, regarding an encroachment at
 property located at 406 S. Walnut Street, a copy of which
 is attached hereto and made a part hereof, and authorizing
 the Mayor to execute the Easement subject to Corporation
 Counsel approval.

2024-350 Receive communication from the City Manager and act on
Corey Cooke resolution approving a fee amendment submitted by
 LaBella Associates, DPC pertaining to continued
 professional services for the Centertown Parking Garage
 Improvement Phase II Project not to exceed $161,300.00
 and authorizing the Mayor to execute the agreement, a
 copy of which is attached hereto; said agreement subject
 to Corporation Counsel approval.

2024-351 Act on resolution authorizing the cost to lease 5 vehicles
Mayor Mandell from Enterprise Fleet Management, Inc./Enterprise FM
 Trust for the Elmira Police Department utilizing
 Chemung County's cooperation Sourcewell contract and
 the cost of upfitting aftermarket police equipment to be
 installed by Bush Electronics on each vehicle and further
 authorizing the Mayor to sign all required documents to
 effect the leases and installation/upfitting of aftermarket
 police equipment; said documents subject to Corporation
 Counsel approval.

 AUDITS

2024-352 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

2024-353 Act on Community Development Block Grant Program
Jackie Wilson Audit.



 Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
 Council Chambers, 2nd Floor
 www.Cityofelmira.net - (607) 737 5644
2024-354 Act on Audit.
Corey Cooke

 SECOND PUBLIC COMMENT PORTION

 CITY MANAGER REPORT

 ADJOURN

2024-355 Act on resolution to adjourn.
Nick Grasso

Respectfully Submitted,




Christina C. Rodriguez
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 4, 2024 – 5:30 PM
COUNCIL MEETING


2024-332 Act on resolution dispensing with the minutes of the
Corey Cooke regular Meeting held on Monday, October 21, 2024.

 Sponsored by: Mayor Mandell - CM Cooke Absent

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-333 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as Lead Agency
 determining the closing and abandonment of an alley
 running southerly from Woodlawn Avenue to Noble
 Street, will not have an adverse impact on the
 environment and directing the Mayor to file a negative
 determination in accordance with SEQR 6NYCRR, Park
 617.12.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-334 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution closing and abandoning an alley running
 from Woodlawn Avenue southerly to Noble Street and
 authorizing the Mayor to execute all documents necessary
 to effectuate any conveyances.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0

 1
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-335 Receive communication from the City Manager and act on
Nan Moss resolution rescinding Resolution No. 2024-272 pertaining
 to purchase of 3 robots from Innvotronics.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-336 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of 3 robots for tactical
 use by the Elmira Police Department SWAT Team from
 Safeware, Inc. for a total purchase price of $48,700.00;
 said purchase to be paid for the LETECH Grant monies
 and determining that the City is utilizing the New York
 State HIRE contract which awarded a vendor contract to
 Safeware, Inc. to provide robots, and by reason thereof,
 formal bidding procedures are not required.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-337 Act on resolution for a first reading of a proposed Local
Joseph Duffy Law No. 2 of 2024 to override the tax levy limited
 established in General Municipal Law Section 3-c.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 1
 AYES: Daniel Mandell, Joseph H Duffy, Nannette M Moss, Gary Brinn,
 Jackie Wilson TOTAL: 5
 NAYS: Nick Grasso TOTAL: 1
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-338 Act on resolution scheduling a public hearing on
Mayor Mandell November 18, 2024 at 5:30 p.m. to receive public
 comments on proposed Local Law #2 of 2024 to override
 the tax levy limit established in General Municipal Law
 Section 3-c.
 2
 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-339 Receive communication from the City Manager and act on
Corey Cooke resolution rejecting all bids submitted for the RFB-320
 Parking and Access Control Systems (PACS) equipment
 for the Centertown Parking Garage Project due to an
 irregularity in the bidding process and authorizing
 submission of requests for new proposals.

 Sponsored by: Mayor Mandell - CM Cooke Absent

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-340 Act on resolution granting permission, upon New York
Mayor Mandell State Department of Transportation approval, to the
 Elmira Police Department to install license plate reader
 equipment within the State's Right-of-Way along Clemens
 Center Parkway (NY Route 14) and East/West Church
 Street (NY Route 352) within the City of Elmira and
 authorizing the Mayor to sign any and all documentation
 necessary as a result of this project.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
 AYES: Daniel Mandell, Joseph H Duffy, Nannette M Moss, Gary Brinn,
 Jackie Wilson TOTAL: 5
 NAYS: TOTAL: 0
 ABSTAIN: Nick Grasso TOTAL: 1
 ABSENT: Corey Cooke TOTAL: 1

2024-341 Receive communication from the City Manager and act on
Mayor Mandell resolution referring the amending of Section 520.9 (titled
 "Temporary Signs") of Appendix B of the City's Zoning
 Ordinance to the City Planning Commission and the
 County Planning Board pursuant to Sections 1110 and
 1120 of Appendix B of the Code of Ordinances.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 3
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-342 Receive communication from the City Manager and act on
Jackie Wilson resolution accepting the bid of Simmons Rockwell Ford of
 Bath, meeting all bid specifications outlined on the
 attached bid summary sheet, to purchase 2 F350 Pick-ups
 with Dump Body and Western Plow for the Department of
 Public Works at a purchase price of $81,789.85 for each
 vehicle and authorizing the Mayor to sign such documents
 necessary to effect this award.

 MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-343 Receive communication from the City Manager and act on
Gary Brinn resolution accepting the SAFER Grant on behalf of the
 Elmira Fire Department by the US Department of
 Homeland Security FY 2023; said grant monies to be used
 to pay the personnel costs for 4 new firefighters for a 36-
 month period and authorizing the Mayor to sign any and
 all documents necessary to effect the acceptance of the
 grant.

 MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-344 Act on Ordinance to amend Chapter 18 of the City of
Mayor Mandell Elmira Code of Ordinances by Adding a New Article to be
 Titled Article VI "Camping".

 Withdrawn

2024-345 Act on Ordinance to Amend Sections 8-30(c)(8)(a), 8-30(c)
Gary Brinn (8)(b), 8-30(c)(8)(c) and 8-30(c)(2)(e) and Create a New

 4
 Section 8-30(c)(2)(k) of the Code of Ordinances of the City
 of Elmira, New York.

 MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-346 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to enter into agreements
 with multiple low bidders meeting all bid specifications for
 groundskeeping products for the Mark Twain Golf
 Course for the calendar year 2025 listed on the attached
 bid summary sheet.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-347 Receive communication from the City Manager and act on
Joseph Duffy resolution approving the attached Customer Quote and
 Lease/Purchase Agreement between the City and Empire
 Golf Cars, a copy of which is attached hereto and made a
 part hereof, to lease 56 gas powered golf cars for a 4-year
 term commencing retroactive to November 1, 2024 and
 expiring October 31, 2028 for the Mark Twain Golf
 Course with an annual rental of $65,829.72 and
 authorizing the Mayor to sign the Lease
 Agreement/Authorization and all other documents
 necessary to effectuate the terms of the Lease; said Lease
 Agreement/Authorization subject to Corporation Counsel
 approval.

 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-348 Receive communication from the City Manager and act on
Corey Cooke resolution authorizing the Change Order submitted by
 5
 Lupini Construction LLC, a copy of which is attached
 hereto and made a part hereof, for additional restoration
 work on the City Clock Tower Project, authorizing the
 Mayor to sign the Change Order and authorizing the City
 Chamberlain to use interest accrued on the City's Capital
 Account(s) to pay for the additional work.

 Sponsored by: Mayor Mandell - CM Cooke Absent

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-349 Receive communication from the City Manager and act on
Nan Moss resolution granting an easement to Town Line Property
 Management, LLC, regarding an encroachment at
 property located at 406 S. Walnut Street, a copy of which
 is attached hereto and made a part hereof, and authorizing
 the Mayor to execute the Easement subject to Corporation
 Counsel approval.

 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-350 Receive communication from the City Manager and act on
Corey Cooke resolution approving a fee amendment submitted by
 LaBella Associates, DPC pertaining to continued
 professional services for the Centertown Parking Garage
 Improvement Phase II Project not to exceed $161,300.00
 and authorizing the Mayor to execute the agreement, a
 copy of which is attached hereto; said agreement subject
 to Corporation Counsel approval.

 Sponsored by: Mayor Mandell - CM Cooke Absent

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 6
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-351 Act on resolution authorizing the cost to lease 5 vehicles
Mayor Mandell from Enterprise Fleet Management, Inc./Enterprise FM
 Trust for the Elmira Police Department utilizing
 Chemung County's cooperation Sourcewell contract and
 the cost of upfitting aftermarket police equipment to be
 installed by Bush Electronics on each vehicle and further
 authorizing the Mayor to sign all required documents to
 effect the leases and installation/upfitting of aftermarket
 police equipment; said documents subject to Corporation
 Counsel approval.

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 1
 AYES: Daniel Mandell, Joseph H Duffy, Nannette M Moss, Gary Brinn,
 Jackie Wilson TOTAL: 5
 NAYS: Nick Grasso TOTAL: 1
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-352 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso

 MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-353 Act on Community Development Block Grant Program
Jackie Wilson Audit.

 MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-354 Act on Audit.
Corey Cooke
 Sponsored by: Mayor Mandell - CM Cooke Absent

 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 7
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1

2024-355 Act on resolution to adjourn.
Nick Grasso

 MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
 AYES: Daniel Mandell, Nick Grasso, Joseph H Duffy, Nannette M
 Moss, Gary Brinn, Jackie Wilson TOTAL: 6
 NAYS: TOTAL: 0
 ABSTAIN: TOTAL: 0
 ABSENT: Corey Cooke TOTAL: 1




 8