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Elmira City Council

Regular Meeting

Elmira, NY · December 6, 2022

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, December 5, 2022 – 5:30 PM COUNCIL MEETING 2022-405 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, November 21, 2022. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 PUBLIC HEARING for the purpose of receiving comments from the public regarding proposed "Local Law No. 5 of 2022 to Override the Tax Levy Limit Established by General Municipal Law Section 3-c". 2022-406 Act on resolution scheduling a public hearing for Mayor Mandell December 19, 2022 at 5:30 p.m. for the purpose of receiving written and oral comments on the City of Elmira's Application under Round 7 of the Restore NY Communities Program MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-407 Receive communication from the Corporation Counsel Joseph Duffy and act on resolution designating the City as lead agency that proposed Local Law #5 of 2022 to Override the Tax Levy Limit Established in General Municipal Law Section 3-c will not have an adverse impact on the environment and authorizing the City Manager or his designee to file a negative determination. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, 1 Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-408 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Southport whereby the City's Animal Control Department will provide animal control services in accordance with Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $38,809.00 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Placed On Consent 2022-409 Receive communication from the City Manager and act on Brent Stermer resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Chemung whereby the City's Animal Control Department will provide animal control services in accordance with Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $10,506.00 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Placed On Consent 2022-410 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Elmira whereby the City's Animal Control Department will provide animal control services in accordance with 2 Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $23,113.20 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Placed On Consent 2022-411 Receive communication from the City Manager and act on Tory Kitching resolution authorizing the Mayor to execute an agreement with the County of Chemung under which the City will provide to the County's Rabies Program animal handler and specimen services commencing January 1, 2023 through December 31, 2023 at cost to the County of $5,000.00; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Placed On Consent 2022-412 Receive communication from the City Manager and act on Mayor Mandell resolution approving the overtime for the Elmira Police Department for pay periods 16-22 of 2022, in the amount of $122,685.61 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-413 Receive communication from the City Manager and act on Joseph Duffy resolution reporting the overtime for the Elmira Fire Department for pay periods 21 and 22 of 2022 in the amount of $19,421.55. 3 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-414 Receive communication from the City Manager and act on Brent Stermer resolution reporting the overtime for the Elmira Fire Department for pay periods 23 and 24 of 2022 in the amount of $12,293.35. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-415 Act on Anti-Displacement Learning Network Program Nan Moss Audit MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-416 Act on Lead Hazard Reduction Grant Program Audit Tory Kitching MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-417 Act on Community Development Block Grant Program Brent Stermer Audit. MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 4 2022-418 Act on American Rescue Plan Commercial Property Mayor Mandell Rehab Repair Program. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-419 Act on Audit. Joseph Duffy MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 2022-420 Act on resolution to adjourn. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0 AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 5

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Monday, December 5, 2022 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2022-405 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, November 21, 2022. 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 No. 5 of 2022 to Override the Tax Levy Limit Established by General Municipal Law Section 3-c". RESOLUTIONS 2022-406 Act on resolution scheduling a public hearing for Mayor Mandell December 19, 2022 at 5:30 p.m. for the purpose of receiving written and oral comments on the City of Elmira's Application under Round 7 of the Restore NY Communities Program LOCAL LAW 2022-407 Receive communication from the Corporation Counsel Joseph Duffy and act on resolution designating the City as lead agency that proposed Local Law #5 of 2022 to Override the Tax Levy Limit Established in General Municipal Law Section 3-c will not have an adverse impact on the environment and authorizing the City Manager or his designee to file a negative determination. AGREEMENTS 2022-408 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Southport Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 whereby the City's Animal Control Department will provide animal control services in accordance with Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $38,809.00 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. 2022-409 Receive communication from the City Manager and act on Brent Stermer resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Chemung whereby the City's Animal Control Department will provide animal control services in accordance with Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $10,506.00 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. 2022-410 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an Intermunicipal Agreement with the Town of Elmira whereby the City's Animal Control Department will provide animal control services in accordance with Articles 7 and 26 of the Agriculture and Markets Law at a cost to the Town of $23,113.20 commencing January 1, 2023 through December 31, 2023; said agreement subject to Corporation Counsel approval. 2022-411 Receive communication from the City Manager and act on Tory Kitching resolution authorizing the Mayor to execute an agreement with the County of Chemung under which the City will provide to the County's Rabies Program animal handler and specimen services commencing January 1, 2023 through December 31, 2023 at cost to the County of $5,000.00; said agreement subject to Corporation Counsel approval. OVERTIME REPORTS 2022-412 Receive communication from the City Manager and act on Mayor Mandell resolution approving the overtime for the Elmira Police Department for pay periods 16-22 of 2022, in the amount of $122,685.61 2022-413 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 Joseph Duffy resolution reporting the overtime for the Elmira Fire Department for pay periods 21 and 22 of 2022 in the amount of $19,421.55. 2022-414 Receive communication from the City Manager and act on Brent Stermer resolution reporting the overtime for the Elmira Fire Department for pay periods 23 and 24 of 2022 in the amount of $12,293.35. AUDITS 2022-415 Act on Anti-Displacement Learning Network Program Nan Moss Audit 2022-416 Act on Lead Hazard Reduction Grant Program Audit Tory Kitching 2022-417 Act on Community Development Block Grant Program Brent Stermer Audit. 2022-418 Act on American Rescue Plan Commercial Property Mayor Mandell Rehab Repair Program. 2022-419 Act on Audit. Joseph Duffy SECOND PUBLIC COMMENT PORTION CITY MANAGER REPORT ADJOURN 2022-420 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