Elmira City Council

Elmira City Council Meeting Minutes RE: AGENDA, ELMIRA CITY Monday, December 16, 2024 – 5:30 PM COUNCIL MEETING 2024-392 Act on resolution dispensing with the minutes of the Jackie Wilson regular Meeting held on Monday, December 2, 2024. MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 PUBLIC HEARING for the purpose of receiving comments from the public regarding proposed "Local Law No. 3 of 2024 of the City of Elmira, New York, Regulating the Unlicensed Cannabis Sales in the City of Elmira." 2024-393 Receive communication from the City Manager and act on Mayor Mandell resolution reporting the Personnel Actions for the City of Elmira, whereby Riley P. Simpson, has been appointed to the position of full-time Kennel Worker, effective November 4, 2024, at an annual salary of $30,723; Barry R. Hoff, has been appointed to the position of Solid Waste Specialist I, effective November 20, 2024, at an hourly rate of $18.68; and Nicole A. Keough, has been appointed to the position of Assistant Code Enforcement, effective November 20, 2024, at an annual salary of $38,884. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-394 Receive communication from the Corporation Counsel Joseph Duffy and act on resolution designating the City as the lead agency pursuant to State Environmental Quality Review Act that proposed Local Law #3 of 2024 will not have an 1  adverse impact on the environment and authorizing the City Manager to file a negative determination pursuant to SEQR 6NYCRR, Part 617.12. MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-395 Act on resolution to hold an Executive Session Gary Brinn immediately preceding the adjournment of this Council Meeting of December 16, 2024 for the purpose of discussing possible litigation. MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-396 Act on resolution to schedule a public hearing to receive Nan Moss comments from the public on the proposed 2025 Operating and Capital Budgets on Monday, December 30, 2024 at 5:30 p.m. in City Council Chambers, Second Floor, 317 E. Church Street. MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-397 Resolution Authorizing a Grant Application Submission to Jackie Wilson New York State Department of Agriculture and Markets for the 2024-2025 Companion Animal Capital Project Fund. MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2 2024-398 Resolution Authorizing a Grant Application Submission to Gary Brinn Empire State Development Corporation Under Round Nine of the Restore NY Communities Initiative Grant Program. MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-399 Receive communication from the City Manager and act on Corey Cooke resolution authorizing Wenzel Landscaping LLC to install a concrete pad at the Ernie Davis Park pavilion at a cost not to exceed $26,958.00, said work being performed under Chemung County's RFB-2632 Time and Materials General Construction Services for 2024-2025 and authorizing the Mayor to execute any necessary documents to effect the installation of the concrete pad by Wenzel Landscaping LLC. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-400 Receive communication from the City Manager and act on Jackie Wilson resolution authorizing the issuance of a Request for Bids for additional work identified to the renovations at Dunn Field to be in compliance with bidding requirements for public work pursuant to General Municipal Law Section 103. MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-401 Act on Ordinance to amend Appendix B, Section 520.9 of Mayor Mandell the Code of Ordinances of the City of Elmira, as Amended. 3  MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-402 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Mayor to execute an agreement between the City and the Town of Elmira whereby the City's Animal Control Department will provide animal control services enforcing Articles 7 and 26 of the Agriculture and Markets Law at the annual cost to the Town of $24,000.00 for services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-403 Receive communication from the City Manager and act on Nan Moss resolution authorizing the Mayor to execute an agreement between the City and the Town of Southport whereby the City's Animal Control Department will provide animal control services enforcing Articles 7 and 26 of the Agriculture and Markets Law at the annual cost to the Town of $38,809.00 for services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 4  AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-404 Receive communication from the City Manager and act on Corey Cooke resolution authorizing the Mayor to execute an agreement between the City and the Town of Chemung whereby the City's Animal Control Department will provide animal control services enforcing Articles 7 and 26 of the Agriculture and Markets Law at the annual cost to the Town of $10,506.00 for services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-405 Receive communication from the City Manager and act on Jackie Wilson resolution authorizing the Mayor to execute an agreement between the City, Chemung County, and the Town of Erin whereby the City's Animal Control Department will provide animal control services enforcing Article 26 of the Agriculture and Markets Law at the annual cost to the Town of $6,250.00 to be paid by the County for services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Jackie Wilson VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M 5  Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-406 Receive communication from the City Manager and act on Mayor Mandell resolution authorizing the Mayor to execute an agreement between the City, Chemung County, and the Town of Baldwin whereby the City's Animal Control Department will provide animal control services enforcing Article 26 of the Agriculture and Markets Law at the annual cost to the Town of $6,250.00 to be paid by the County for the services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2025-407 Receive communication from the City Manager and act on Joseph Duffy resolution authorizing the Mayor to execute an agreement between the City, Chemung County, and the Town of VanEtten whereby the City's Animal Control Department will provide animal control services enforcing Article 26 of the Agriculture and Markets Law at the annual cost to the Town of $6,250.00 to be paid by the County for services commencing January 1, 2025 through December 31, 2025; said agreement subject to Corporation Counsel approval. Mayor Mandell made a motion to place item On Consent Motion was accepted by CM Moss and Seconded by CM Cook Motion to place item On Consent passed 6-0 MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M 6  Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-408 Receive communication from the City Manager and act on Gary Brinn resolution authorizing the Mayor the execute an agreement the City and the County of Chemung whereby the City will provide Hazardous Materials Incident Response to the County and Chemung County will continue to assist the City by paying to the City the annual amount of $35,000.00 to the City for such services; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-409 Receive communication from the City Manager and act on Corey Cooke resolution authorizing the Mayor to execute a Contract Renewal Letter between NYS Unified Court System (NYSUCS) and the City whereby the City will provide janitorial cleaning and minor repair services for NYSUCS court facilities at the budgeted amount of $48,865.00 to be paid to the City for the fiscal year April 1, 2024 through March 31, 2025; said agreement subject to Corporation Counsel approval. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-410 Act on resolution approving a contract between the City Gary Brinn and the New York State Energy Research and Development Authority (NYSERDA) for an award to the City of $8,200.00 to be used by the City to undertake an Energy Study of City Hall to identify eligible energy upgrade measures recommended in a Clean Energy Communities Energy Study, authorizing the Mayor to execute the contract; said contract subject to Corporation 7  Counsel approval, and expressing the City's sincere gratitude to NYSERDA for the award. MOTION: Approve SPONSORED BY: Gary Brinn VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-411 Receive communication from the City Manager and act on Mayor Mandell resolution approving the amendment to Section 15-1 of the current Collective Bargaining Agreement between the City and CSEA and authorizing the Mayor to Sign the Memorandum of Agreement, attached hereto and made a part hereof. MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-412 Receive communication from the City Manager and act on Mayor Mandell resolution approving the City's participation in the VIEWPOINT short-form documentary series at a total cost to the City in the amount of $29,300.00 and authorizing the Mayor to sign the Studio Production Authorization, a copy of which is attached hereto and made a part hereof. Item Withdrawn 2024-413 Act on resolution approving an agreement with Chemung Joseph Duffy County, a copy of which is attached hereto, under which the City will administer, on behalf of the County, a Lead Detection and Remediation Program applicable to eligible buildings in the City of Elmira and the County reimbursing the City for its Program services up to and not exceeding $292,663.00 during the term of the agreement, which term is retroactive from September 1, 2024 through March 31, 2026 and authorizing the Mayor to execute the agreement; said agreement subject to Corporation Counsel approval. 8  MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-414 Act on Lead Hazard Reduction Grant Program Audit. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-415 Act on Community Development Block Grant Program Corey Cooke Audit. MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-416 Act on Audit. Nan Moss MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 2024-417 Act on resolution to adjourn. Mayor Mandell MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0 AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Nannette M Moss, Gary Brinn, Jackie Wilson TOTAL: 6 NAYS: TOTAL: 0 ABSTAIN: TOTAL: 0 ABSENT: Nick Grasso TOTAL: 1 9