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Elmira City Council

Regular Meeting

Elmira, NY · May 23, 2023

AgendaMinutes

Minutes

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 6

Agenda

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