Elmira City Council
Regular MeetingElmira, NY · December 6, 2022
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