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Elmira City Council

Regular Meeting

Elmira, NY · June 21, 2023

AgendaMinutes

Minutes

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Tuesday, June 20, 2023 – 5:30 PM COUNCIL MEETING 2023-191 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, June 5, 2023. MOTION: SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 Sponsored By: Mayor Mandell - CM Kitching Absent 2023-192 Resolution Authorizing the Submittal of a Request to Joseph Duffy Housing and Urban Development for a Conflict-of- Interest Exception MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-193 Act on resolution of the City Council accepting the canvas Council as a Whole of the returns of the Elmira Water Board Election and further declare Thomas E. Ramich, 854 Euclid Avenue Elmira to be elected to the Office of Water Commissioner for a term of Five Years expiring June 2028. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-194 Corey Cooke Resolution Authorizing the Mayor to Execute HOME ARP Agreement 1 MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-195 Act on resolution receiving the Financial Statements and Nan Moss Auditor's Report for the Elmira Water Board for Year Ending December 31, 2022, and placing same on file. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-196 Receive communication from the City Manager and act on Nick Grasso resolution declaring abandoned/impounded vehicles and miscellaneous equipment as surplus property and authorizing the sale of the vehicles and equipment in the City's possession set forth on the attached list by way of an on-line auction by Auctions International or sale of the vehicles to Pick-A-Part in Horseheads, NY. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 Sponsored By: Mayor Mandell Changed Sponsor At The Table Was CM Grasso 2023-197 Receive communication from the City Manager and act on Joseph Duffy resolution approving the purchase of firefighting Self- Contained Breathing Apparatus-SCBA-RFP from Municipal Emergency Services for the Elmira Fire Department at a total cost of $306,800.00; said purchase being made through a cooperative contract with the cooperative or lead agency being "NPP.Gov". MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 2 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-198 Receive communication from the City Manager and act on Mayor Mandell resolution retroactively approving the adjustment to the City's 2022 General Fund Operating Budget to accommodate the $276,068.13 transfer in 2022. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-199 Receive and place on file the 2022 Financial Audit Report Council as a Whole for the City of Elmira. MOTION: Approve SPONSORED BY: Council As A Whole VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-200 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the sale of surplus City-owned property measuring 15 ft in width and 134 ft in length adjacent to real property at 467 W. Water Street to Cerio Properties, LLC and authorizing the Mayor to execute a quitclaim deed and all other title documents necessary to convey said parcel. MOTION: Postpone SPONSORED BY: Daniel Mandell VOTE: 0- 0 AYES: TOTAL: 0 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Withdrawn From Agenda 2023-201 Receive communication from the City Manager and act on Mark Franchi Ordinance to amend Article IX of Appendix B, Section 930.1(b) and Section 930.2(c) of the Code of Ordinances of the City of Elmira, as Amended. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, 3 Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 Sponsored By: Mayor Mandell - CM Franchi Absent 2023-202 Act on Ordinance to Amend Chapter 5, Article VI, Section Mark Franchi 25-101(b) of the Code of Ordinances of the City of Elmira, as Amended. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 Sponsored By: Mayor Mandell - CM Franchi Absent 2023-203 Receive communication from the City Manager and act on Nan Moss resolution approving the City's participation in the intergovernmental cooperative purchase program known as the National Purchase Partners, LLC d/b/a NPPGov and authorizing the Mayor to execute the intergovernmental purchase agreement, a copy of which is attached hereto, by which the City becomes a participating governmental entity in NPPGov; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-204 Receive communication from the City Manager and act on Joseph Duffy resolution approving the purchase of police tasers from Axon Enterprises, Inc. at a total contract price of $133,798.50 and authorizing the Mayor to execute the purchase contract, said purchase being made under the current NPPGov taser contract; said contract subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 4 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-205 Receive communication from the City Manager and act on Mayor Mandell resolution approving an intermunicipal agreement between the County and City regarding the Gun Involved Violence Elimination X (GIVE) Initiative Project, a copy of which is attached hereto and made a part hereof, and authorizing the Mayor to execute the agreement; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-206 Act on resolution approving an Intermunicipal Agreement Nick Grasso (IMA) with Chemung County municipalities relative to stormwater management and erosion and sediment control, a copy of which is attached hereto and made a part hereof, commencing July 1, 2023 and expiring December 31, 2028, the annual 6.16% cost to the City being $28,866.25 and authorizing the Mayor to execute the IMA; said IMA subject to Corporation Counsel approval. MOTION: Postpone SPONSORED BY: Nick Grasso VOTE: 0- 0 AYES: TOTAL: 0 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: TOTAL: 0 Withdrawn From Agenda 2023-207 Act on Lead Hazard Reduction Grant Program Audit. Nick Grasso MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-208 Act on Anti Displacement Learning Network Grant Tory Kitching Program Audit. 5 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 Sponsored By: Mayor Mandell - CM Kitching Absent 2023-209 Act on Community Development Block Grant Program Corey Cooke Audit. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-210 Act on American Rescue Plan Property Rehab Repair Joseph Duffy Audit. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-211 Act On Audit. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 2023-212 Act on resolution to adjourn. Mayor Mandell MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0 AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy, Nannette M Moss TOTAL: 5 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Mark A Franchi, Tory Kitching TOTAL: 2 6

Agenda

Elmira City Council RE: AGENDA, ELMIRA CITY Tuesday, June 20, 2023 – 5:30 PM COUNCIL MEETING APPROVAL OF MINUTES 2023-191 Act on resolution dispensing with the minutes of the Tory Kitching Regular Meeting held on Monday, June 5, 2023. FIRST PUBLIC COMMENT PORTION IDENTIFICATION OF CONSENT ITEMS RESOLUTIONS 2023-192 Resolution Authorizing the Submittal of a Request to Joseph Duffy Housing and Urban Development for a Conflict-of- Interest Exception 2023-193 Act on resolution of the City Council accepting the canvas Council as a Whole of the returns of the Elmira Water Board Election and further declare Thomas E. Ramich, 854 Euclid Avenue Elmira to be elected to the Office of Water Commissioner for a term of Five Years expiring June 2028. 2023-194 Corey Cooke Resolution Authorizing the Mayor to Execute HOME ARP Agreement 2023-195 Act on resolution receiving the Financial Statements and Nan Moss Auditor's Report for the Elmira Water Board for Year Ending December 31, 2022, and placing same on file. 2023-196 Receive communication from the City Manager and act on Nick Grasso resolution declaring abandoned/impounded vehicles and miscellaneous equipment as surplus property and authorizing the sale of the vehicles and equipment in the City's possession set forth on the attached list by way of an on-line auction by Auctions International or sale of the vehicles to Pick-A-Part in Horseheads, NY. 2023-197 Receive communication from the City Manager and act on Joseph Duffy resolution approving the purchase of firefighting Self- Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 Contained Breathing Apparatus-SCBA-RFP from Municipal Emergency Services for the Elmira Fire Department at a total cost of $306,800.00; said purchase being made through a cooperative contract with the cooperative or lead agency being "NPP.Gov". 2023-198 Receive communication from the City Manager and act on Mayor Mandell resolution retroactively approving the adjustment to the City's 2022 General Fund Operating Budget to accommodate the $276,068.13 transfer in 2022. 2023-199 Receive and place on file the 2022 Financial Audit Report Council as a Whole for the City of Elmira. 2023-200 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the sale of surplus City-owned property measuring 15 ft in width and 134 ft in length adjacent to real property at 467 W. Water Street to Cerio Properties, LLC and authorizing the Mayor to execute a quitclaim deed and all other title documents necessary to convey said parcel. ORDINANCE 2023-201 Receive communication from the City Manager and act on Mark Franchi Ordinance to amend Article IX of Appendix B, Section 930.1(b) and Section 930.2(c) of the Code of Ordinances of the City of Elmira, as Amended. 2023-202 Act on Ordinance to Amend Chapter 5, Article VI, Section Mark Franchi 25-101(b) of the Code of Ordinances of the City of Elmira, as Amended. AGREEMENTS 2023-203 Receive communication from the City Manager and act on Nan Moss resolution approving the City's participation in the intergovernmental cooperative purchase program known as the National Purchase Partners, LLC d/b/a NPPGov and authorizing the Mayor to execute the intergovernmental purchase agreement, a copy of which is attached hereto, by which the City becomes a participating governmental entity in NPPGov; 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 2023-204 Receive communication from the City Manager and act on Joseph Duffy resolution approving the purchase of police tasers from Axon Enterprises, Inc. at a total contract price of $133,798.50 and authorizing the Mayor to execute the purchase contract, said purchase being made under the current NPPGov taser contract; said contract subject to Corporation Counsel approval. 2023-205 Receive communication from the City Manager and act on Mayor Mandell resolution approving an intermunicipal agreement between the County and City regarding the Gun Involved Violence Elimination X (GIVE) Initiative Project, a copy of which is attached hereto and made a part hereof, and authorizing the Mayor to execute the agreement; said agreement subject to Corporation Counsel approval. 2023-206 Act on resolution approving an Intermunicipal Agreement Nick Grasso (IMA) with Chemung County municipalities relative to stormwater management and erosion and sediment control, a copy of which is attached hereto and made a part hereof, commencing July 1, 2023 and expiring December 31, 2028, the annual 6.16% cost to the City being $28,866.25 and authorizing the Mayor to execute the IMA; said IMA subject to Corporation Counsel approval. AUDITS 2023-207 Act on Lead Hazard Reduction Grant Program Audit. Nick Grasso 2023-208 Act on Anti Displacement Learning Network Grant Tory Kitching Program Audit. 2023-209 Act on Community Development Block Grant Program Corey Cooke Audit. 2023-210 Act on American Rescue Plan Property Rehab Repair Joseph Duffy Audit. 2023-211 Act On Audit. Nan Moss SECOND PUBLIC COMMENT PORTION CITY MANAGER REPORT Elmira City Hall - 317 E. Church Street - Elmira, New York 14901 Council Chambers, 2nd Floor www.Cityofelmira.net - (607) 737 5644 ADJOURN 2023-212 Act on resolution to adjourn. Mayor Mandell 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