Elmira City Council
Regular MeetingElmira, NY · September 26, 2023
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Monday, September 25, 2023 – 5:30 PM
COUNCIL MEETING
2023-292 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 11, 2023.
MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-293 Resolution authorizing the Mayor to execute Community
Joseph Duffy Development Block Grant and HOME Subrecipient
Agreements for Fiscal Year 2023-2024.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-294 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of a 2023 Dodge
Charger for use by the Police Department utilizing the
State Office of General Services Program titled "Vehicle
Marketplace" in order to meet all bidding requirements
by General Municipal Law 103 and authorizing the
Mayor to execute all documents necessary to effect the
purchase.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 4- 2
AYES: Daniel Mandell, Mark A Franchi, Tory Kitching, Nannette M
Moss TOTAL: 4
NAYS: Nick Grasso, Joseph H Duffy TOTAL: 2
ABSTAIN: Corey Cooke TOTAL: 1
ABSENT: TOTAL: 0
2023-295 Receive communication from the City Manager and act on
Council as a Whole resolution accepting the donation of $50.00 from Susan
1
Peer Scheu and Winifred T. Peer in memory of James
Edgar Brown to the City's Fire Department and
expressing its sincere gratitude for this donation.
MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-296 Act on resolution authorizing the Fire Chief to accept
Council as a Whole gifts/donations of money or tangible property, which
gifts/donations are to be used for Fire Department
operational purposes and expressing the City's generosity
and thoughtfulness to each donor in furthering the
operation of the City Fire Department.
MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-297 Receive communication from the City Manager and act on
Nan Moss resolution approving the establishment of a Community
Development General Fund to be used for the sole
purpose of Community Development (CD) paying advance
("upfront") contractors who have completed projects
previously approved by CD and thereafter CD shall
promptly apply to the United States Housing and Urban
Development Corporation for reimbursement of the funds
paid to contractors and authorizing the City Chamberlain
to establish a Community Development General Fund in
an initial amount not to exceed $100,000.00.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-298 Receive communication from the City Manager and act on
2
Joseph Duffy resolution declaring abandoned and impounded vehicles
located at the Department of Public Works as City surplus
property and authorizing the sale of the vehicles set forth
on the attached list by either on-line auction by Auctions
International or sale to Pick-A-Part in Horseheads, NY.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-299 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a commission agreement between the
City and Artist Derek L. Chalfant to create a sculpture to
be erected in Mark Twain Riverfront Park as depicted on
the attached drawing at a total cost not to exceed
$25,000.00 and authorizing the Mayor to execute the
commission agreement, a copy of which is attached hereto
and made a part hereof; said agreement subject to
Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 2
AYES: Daniel Mandell, Joseph H Duffy, Mark A Franchi, Tory
Kitching, Nannette M Moss TOTAL: 5
NAYS: Corey Cooke, Nick Grasso TOTAL: 2
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-300 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to enter into a 3-year
intermunicipal agreement between the City and Town of
Horseheads (Town) whereby the City's Animal Control
Department will provide animal control services to the
Town at an annual cost of $60,996.00 commencing
October 1, 2023 to September 30, 2024, with three percent
(3%) increases for the second year at an annual cost of
$62,825.88 (October 1, 2024 to September 30, 2025) and
for the third year at an annual cost of $64,710.66 (October
1, 2025 to September 30, 2026); said agreement attached
hereto and made part hereof and is subject to Corporation
Counsel approval
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
3
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-301 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
"arrangement letter" with the City's accountants, Insero
& Co, for a project specific audit for any State/Federal
Aid NYS Department of Transportation projects
exceeding $300,000.00, a copy of the arrangement letter is
attached hereto and made a part hereof; said letter subject
to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-302 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-303 Act on Anti-Displacement Learning Network Program
Joseph Duffy Audit.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Mark A Franchi,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: Nick Grasso TOTAL: 1
ABSENT: TOTAL: 0
2023-304 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
4
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-305 Act on Community Development Block Grant Program
Nan Moss Audit.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-306 Act on Audit.
Corey Cooke
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Tory Kitching, Nannette M Moss TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-307 Act on resolution to adjourn.
Nick Grasso
MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 7- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, 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, September 25, 2023 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2023-292 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 11, 2023.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
RESOLUTIONS
2023-293 Resolution authorizing the Mayor to execute Community
Joseph Duffy Development Block Grant and HOME Subrecipient
Agreements for Fiscal Year 2023-2024.
2023-294 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of a 2023 Dodge
Charger for use by the Police Department utilizing the
State Office of General Services Program titled "Vehicle
Marketplace" in order to meet all bidding requirements
by General Municipal Law 103 and authorizing the
Mayor to execute all documents necessary to effect the
purchase.
2023-295 Receive communication from the City Manager and act on
Council as a Whole resolution accepting the donation of $50.00 from Susan
Peer Scheu and Winifred T. Peer in memory of James
Edgar Brown to the City's Fire Department and
expressing its sincere gratitude for this donation.
2023-296 Act on resolution authorizing the Fire Chief to accept
Council as a Whole gifts/donations of money or tangible property, which
gifts/donations are to be used for Fire Department
operational purposes and expressing the City's generosity
and thoughtfulness to each donor in furthering the
operation of the City Fire Department.
2023-297 Receive communication from the City Manager and act on
Nan Moss resolution approving the establishment of a Community
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
Development General Fund to be used for the sole
purpose of Community Development (CD) paying advance
("upfront") contractors who have completed projects
previously approved by CD and thereafter CD shall
promptly apply to the United States Housing and Urban
Development Corporation for reimbursement of the funds
paid to contractors and authorizing the City Chamberlain
to establish a Community Development General Fund in
an initial amount not to exceed $100,000.00.
2023-298 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring abandoned and impounded vehicles
located at the Department of Public Works as City surplus
property and authorizing the sale of the vehicles set forth
on the attached list by either on-line auction by Auctions
International or sale to Pick-A-Part in Horseheads, NY.
AGREEMENTS
2023-299 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a commission agreement between the
City and Artist Derek L. Chalfant to create a sculpture to
be erected in Mark Twain Riverfront Park as depicted on
the attached drawing at a total cost not to exceed
$25,000.00 and authorizing the Mayor to execute the
commission agreement, a copy of which is attached hereto
and made a part hereof; said agreement subject to
Corporation Counsel approval.
2023-300 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to enter into a 3-year
intermunicipal agreement between the City and Town of
Horseheads (Town) whereby the City's Animal Control
Department will provide animal control services to the
Town at an annual cost of $60,996.00 commencing
October 1, 2023 to September 30, 2024, with three percent
(3%) increases for the second year at an annual cost of
$62,825.88 (October 1, 2024 to September 30, 2025) and
for the third year at an annual cost of $64,710.66 (October
1, 2025 to September 30, 2026); said agreement attached
hereto and made part hereof and is 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
2023-301 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
"arrangement letter" with the City's accountants, Insero
& Co, for a project specific audit for any State/Federal
Aid NYS Department of Transportation projects
exceeding $300,000.00, a copy of the arrangement letter is
attached hereto and made a part hereof; said letter subject
to Corporation Counsel approval.
AUDITS
2023-302 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.
2023-303 Act on Anti-Displacement Learning Network Program
Joseph Duffy Audit.
2023-304 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell
2023-305 Act on Community Development Block Grant Program
Nan Moss Audit.
2023-306 Act on Audit.
Corey Cooke
SECOND PUBLIC COMMENT PORTION
CITY MANAGER REPORT
ADJOURN
2023-307 Act on resolution to adjourn.
Nick Grasso
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