Elmira City Council
Regular MeetingElmira, NY · June 21, 2023
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