Elmira City Council
Regular MeetingElmira, NY · October 11, 2023
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Tuesday, October 10, 2023 – 5:30 PM
COUNCIL MEETING
2023-308 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 25, 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
2023-309 Act on resolution setting the hours for Trick-or-Treating
Joseph Duffy in the City of Elmira on Tuesday, October 31, 2023,
between the hours of 5:30PM and 8:00PM.
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
2023-310 Act on resolution to schedule a public hearing on October
Mayor Mandell 23, 2023 at 5:30 p.m. to receive comments from the public
that the Official Zoning Map be amended by the rezoning
of Lot B at 910 Maple Avenue.
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
2023-311 Act on resolution scheduling a public hearing on October
Tory Kitching 23, 2023 at 5:30 p.m. to receive comments from the public
on the proposed ordinance to close and abandon a portion
of Howard Street and ordering the Elmira City Planning
Commission Resolution No. 23-09-02 and attached map
recommending an amendment to the Official Map of
1
Streets be printed in the minutes.
MOTION: Approve SPONSORED BY: Tory Kitching 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
2023-312 Receive communication from Corporation Counsel and
Tory Kitching act on resolution designating the City as lead agency and
directing the Mayor to file a negative determination that
the closing and abandoning of a portion of Howard Street
will not have an adverse impact on the environment
pursuant to the NYS Environmental Quality Review Act.
MOTION: Approve SPONSORED BY: Tory Kitching 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
2023-313 Receive communication from the City Manager and act on
Mayor Mandell resolution appointing John McCracken to be the City's
stormwater management officer and local stormwater
public contact pursuant to the Intermunicipal Agreement
Stormwater Management, Erosion and Sediment Control
Services.
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
2023-314 Act on resolution rejecting the bids opened on June 6,
Joseph Duffy 2023 submitted by National Lawn Sprinkler, George E.
Ley Co., and Landscape Unlimited, LLC for the Mark
Twain Golf Course Irrigation System Installation Project
and authorizing submission of requests for new proposals.
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
2
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-315 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the City's purchase of 3,265 plastic
refuse and recycling containers utilizing a Sourcewell
Cooperative Contract with Toter, LLC for a total cost of
$172,882.50.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 7- 0
AYES: Nick Grasso, Joseph H Duffy, Mark A Franchi, Tory Kitching,
Nannette M Moss, Daniel Mandell, Corey Cooke TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-316 Receive communication from the City Manager and act on
Joseph Duffy resolution amending the City's 2023 Capital Budget to
approve the purchase of 2 vehicles for Animal Control
and Code Departments.
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
2023-317 Act on resolution for the first reading of proposed Local
Mayor Mandell Law No. 1 of 2023 to amend Section 214 of the City
Charter to provide for the payment of compensation to
each City's Cemetery Commissioners in the amount of
$75.00 per meeting attended.
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
2023-318 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Chamberlain to accept grant
funds awarded by the Governor's Traffic Safety
Committee to the Elmira Police Department in the
amount of $6,750.00 for participation in statewide Police
Traffic Services Program.
3
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
2023-319 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Chamberlain to accept grant
funds from the NYS Division of Criminal Justice Services
awarded to Elmira Police Department in the amount of
$18,375.40 for EPD to purchase Livescan equipment used
to process arrestees.
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
2023-320 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the City Manager to execute a
Request for Release of Funds and Certification regarding
Elmira Housing Authority's application to the US
Department of Housing and Urban Development (HUD)
for capital funds and authorizing the Mayor to execute an
indemnification agreement with the Elmira Housing
Authority; said certification and indemnification
agreement subject to Corporation Counsel approval.
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
2023-321 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
with Elmira Housing Authority (EHA) whereby the City
provides additional police patrol services to EHA from
October 9, 2023 through March 31, 2024 at a cost to EHA
of $25,509.86; said agreement subject to Corporation
Counsel approval.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 7- 0
4
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
2023-322 Act on resolution approving the leasing of 2 new 2023
Mayor Mandell Ford Escape vehicle from Enterprise Fleet Manager, Inc.
for the Police Department utilizing Chemung County's
cooperative contract with Sourcewell and authorizing the
Mayor to execute the leases; said leases 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
2023-323 Receive communication from the City Manager and act on
Joseph Duffy resolution reporting the overtime for the Elmira Fire
Department for pay periods 19 and 20 of 2023 in the
amount of $39,803.19.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 7- 0
AYES: Joseph H Duffy, Mark A Franchi, Tory Kitching, Nannette M
Moss, Daniel Mandell, Corey Cooke, Nick Grasso TOTAL: 7
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-324 Act on Lead Hazard Reduction Grant Program 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
2023-325 Act on Community Development Block 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
5
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-326 Act on American Rescue Plan Elmira Water Board 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
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
2023-327 Act on Audit.
Nan Moss
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
2023-328 Act on resolution to adjourn.
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
6
Agenda
Elmira City Council
RE: AGENDA, ELMIRA CITY Tuesday, October 10, 2023 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2023-308 Act on resolution dispensing with the minutes of the
Tory Kitching Regular Meeting held on Monday, September 25, 2023.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
RESOLUTIONS
2023-309 Act on resolution setting the hours for Trick-or-Treating
Joseph Duffy in the City of Elmira on Tuesday, October 31, 2023,
between the hours of 5:30PM and 8:00PM.
2023-310 Act on resolution to schedule a public hearing on October
Mayor Mandell 23, 2023 at 5:30 p.m. to receive comments from the public
that the Official Zoning Map be amended by the rezoning
of Lot B at 910 Maple Avenue.
2023-311 Act on resolution scheduling a public hearing on October
Tory Kitching 23, 2023 at 5:30 p.m. to receive comments from the public
on the proposed ordinance to close and abandon a portion
of Howard Street and ordering the Elmira City Planning
Commission Resolution No. 23-09-02 and attached map
recommending an amendment to the Official Map of
Streets be printed in the minutes.
2023-312 Receive communication from Corporation Counsel and
Tory Kitching act on resolution designating the City as lead agency and
directing the Mayor to file a negative determination that
the closing and abandoning of a portion of Howard Street
will not have an adverse impact on the environment
pursuant to the NYS Environmental Quality Review Act.
2023-313 Receive communication from the City Manager and act on
Mayor Mandell resolution appointing John McCracken to be the City's
stormwater management officer and local stormwater
public contact pursuant to the Intermunicipal Agreement
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
Stormwater Management, Erosion and Sediment Control
Services.
2023-314 Act on resolution rejecting the bids opened on June 6,
Joseph Duffy 2023 submitted by National Lawn Sprinkler, George E.
Ley Co., and Landscape Unlimited, LLC for the Mark
Twain Golf Course Irrigation System Installation Project
and authorizing submission of requests for new proposals.
2023-315 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the City's purchase of 3,265 plastic
refuse and recycling containers utilizing a Sourcewell
Cooperative Contract with Toter, LLC for a total cost of
$172,882.50.
2023-316 Receive communication from the City Manager and act on
Joseph Duffy resolution amending the City's 2023 Capital Budget to
approve the purchase of 2 vehicles for Animal Control
and Code Departments.
2023-317 Act on resolution for the first reading of proposed Local
Mayor Mandell Law No. 1 of 2023 to amend Section 214 of the City
Charter to provide for the payment of compensation to
each City's Cemetery Commissioners in the amount of
$75.00 per meeting attended.
GRANTS
2023-318 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Chamberlain to accept grant
funds awarded by the Governor's Traffic Safety
Committee to the Elmira Police Department in the
amount of $6,750.00 for participation in statewide Police
Traffic Services Program.
2023-319 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Chamberlain to accept grant
funds from the NYS Division of Criminal Justice Services
awarded to Elmira Police Department in the amount of
$18,375.40 for EPD to purchase Livescan equipment used
to process arrestees.
AGREEMENTS
2023-320 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 authorizing the City Manager to execute a
Request for Release of Funds and Certification regarding
Elmira Housing Authority's application to the US
Department of Housing and Urban Development (HUD)
for capital funds and authorizing the Mayor to execute an
indemnification agreement with the Elmira Housing
Authority; said certification and indemnification
agreement subject to Corporation Counsel approval.
2023-321 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
with Elmira Housing Authority (EHA) whereby the City
provides additional police patrol services to EHA from
October 9, 2023 through March 31, 2024 at a cost to EHA
of $25,509.86; said agreement subject to Corporation
Counsel approval.
2023-322 Act on resolution approving the leasing of 2 new 2023
Mayor Mandell Ford Escape vehicle from Enterprise Fleet Manager, Inc.
for the Police Department utilizing Chemung County's
cooperative contract with Sourcewell and authorizing the
Mayor to execute the leases; said leases subject to
Corporation Counsel approval.
OVERTIME REPORTS
2023-323 Receive communication from the City Manager and act on
Joseph Duffy resolution reporting the overtime for the Elmira Fire
Department for pay periods 19 and 20 of 2023 in the
amount of $39,803.19.
AUDITS
2023-324 Act on Lead Hazard Reduction Grant Program Audit.
Corey Cooke
2023-325 Act on Community Development Block Grant Program
Corey Cooke Audit.
2023-326 Act on American Rescue Plan Elmira Water Board Audit.
Mayor Mandell
2023-327 Act on Audit.
Nan Moss
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
SECOND PUBLIC COMMENT PORTION
CITY MANAGER REPORT
ADJOURN
2023-328 Act on resolution to adjourn.
Corey Cooke
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