Elmira City Council
Regular MeetingElmira, NY · December 20, 2022
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Monday, December 19, 2022 – 5:30 PM
COUNCIL MEETING
2022-421 Act on resolution dispensing with the minutes of the
Brent Stermer Regular Meeting held on Monday, December 5, 2022.
MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Public Hearing for the purpose of receiving written and
oral comments from the public on the City of Elmira’s
application for the Reynolds Way Project by Arbor Housing and
Development (406 E Church Street; 410-416 E Church Street;
310 Academy Place) under Round 7 of the Restore NY
Communities Program.
2022-422 Act on resolution scheduling a Public Hearing to receive
Council as a Whole public comments on the proposed 2023 Operating Budget
and 2023 Capital Budget on Tuesday, January 3, 2023 in
City Council Chambers, City Hall.
MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-423 Act on resolution adopting Local Law #5 of 2022 to
Mayor Mandell override the tax levy limit established in General
Municipal Law Section 3-c.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 1
AYES: Daniel Mandell, Brent Stermer, Joseph H Duffy, Mark A
Franchi, Nannette M Moss TOTAL: 5
NAYS: Nick Grasso TOTAL: 1
ABSTAIN: TOTAL: 0
1
ABSENT: Tory Kitching TOTAL: 1
2022-424 Receive recommunication from the City Manager and act
Joseph Duffy on resolution approving Amendment No. 1 to the Master
License Agreement between the City and Eldridge Park
Carousel Society, Inc., a copy of which is attached hereto
and made a part hereof, and authorizing the Mayor to
execute Amendment No. 1.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-425 Receive communication from the City Manager and act on
Brent Stermer resolution authorizing the Mayor to execute an agreement
between the City and Chemung County whereby the City
will provide Hazardous Materials Incident Response upon
request of the County and the County will continue to
assist the City by paying the annual amount of $35,000.00
for such services; said agreement subject to Corporation
Counsel approval.
MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-426 Act on resolution authorizing the Mayor to execute a
Nick Grasso contract with Erway Ambulance Service for the calendar
year 2023 whereby Erway will submit to third parties bills
on behalf of the City for certain emergency medical
services rendered by the City in consideration of $1.00
paid by the City.
MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-427 Receive communication from the City Manager and act on
2
Tory Kitching resolution accepting the bid of Pro Dock and Door
meeting all specifications as outlined on the attached bid
summary sheet in the amount of $35,250.00 for the
purchase of a replacement overhead door at Fire Station
No. 3 and authorizing the Mayor to execute an agreement
with Pro Dock and Door; said agreement subject to
Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Sponsored By: Mayor Mandell - CM: Kitching Absent
2022-428 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 Horseheads whereby
the City's Animal Control Department will provide animal
control services as needed in accordance with Articles 7
and 26 of the Agriculture and Markets Law for a term of
one (1) year at a cost to the Town of $60,996.00 to be paid
by the Town in quarterly installments of $15,249.00
commencing retroactively from October 1, 2022 and
expiring on September 30, 2023; said agreement subject to
Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Placed On Consent
2022-429 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of two (2) Mammoth
walk behind snow removal equipment with sidewalk
attachments at a total cost of $45,410.10 utilizing
Chemung County's cooperative contract, a copy of the
Ariens Co quote and County Justification are attached;
and authorizing the Mayor to sign all required documents
to effect the purchase of the equipment.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
3
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-430 Act on Anti Displacement Learning Network Grant
Joseph Duffy Program Audit.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-431 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso
MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 5- 0
AYES: Daniel Mandell, Brent Stermer, Joseph H Duffy, Mark A
Franchi, Nannette M Moss TOTAL: 5
NAYS: TOTAL: 0
ABSTAIN: Nick Grasso TOTAL: 1
ABSENT: Tory Kitching TOTAL: 1
2022-432 Act on Downtown Revitalization Initiative Grant Program
Brent Stermer Audit.
MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-433 Act on Community Development Block Grant Program
Nan Moss Audit.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-434 Act on American Rescue Plan Commercial Property
Mayor Mandell Rehab Program Audit.
4
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2022-435 Act on Audit.
Tory Kitching
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Sponsored By: Mayor Mandell - CM Kitching Absent
2022-436 Act on resolution to adjourn.
Brent Stermer
MOTION: Approve SPONSORED BY: Brent Stermer VOTE: 6- 0
AYES: Daniel Mandell, Nick Grasso, Brent Stermer, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
5
Agenda
Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, December 19, 2022 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2022-421 Act on resolution dispensing with the minutes of the
Brent Stermer Regular Meeting held on Monday, December 5, 2022.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
PUBLIC HEARING
Public Hearing for the purpose of receiving written and
oral comments from the public on the City of Elmira’s
application for the Reynolds Way Project by Arbor Housing and
Development (406 E Church Street; 410-416 E Church Street;
310 Academy Place) under Round 7 of the Restore NY
Communities Program.
RESOLUTIONS
2022-422 Act on resolution scheduling a Public Hearing to receive
Council as a Whole public comments on the proposed 2023 Operating Budget
and 2023 Capital Budget on Tuesday, January 3, 2023 in
City Council Chambers, City Hall.
LOCAL LAW
2022-423 Act on resolution adopting Local Law #5 of 2022 to
Mayor Mandell override the tax levy limit established in General
Municipal Law Section 3-c.
AGREEMENTS
2022-424 Receive recommunication from the City Manager and act
Joseph Duffy on resolution approving Amendment No. 1 to the Master
License Agreement between the City and Eldridge Park
Carousel Society, Inc., a copy of which is attached hereto
and made a part hereof, and authorizing the Mayor to
execute Amendment No. 1.
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
2022-425 Receive communication from the City Manager and act on
Brent Stermer resolution authorizing the Mayor to execute an agreement
between the City and Chemung County whereby the City
will provide Hazardous Materials Incident Response upon
request of the County and the County will continue to
assist the City by paying the annual amount of $35,000.00
for such services; said agreement subject to Corporation
Counsel approval.
2022-426 Act on resolution authorizing the Mayor to execute a
Nick Grasso contract with Erway Ambulance Service for the calendar
year 2023 whereby Erway will submit to third parties bills
on behalf of the City for certain emergency medical
services rendered by the City in consideration of $1.00
paid by the City.
2022-427 Receive communication from the City Manager and act on
Tory Kitching resolution accepting the bid of Pro Dock and Door
meeting all specifications as outlined on the attached bid
summary sheet in the amount of $35,250.00 for the
purchase of a replacement overhead door at Fire Station
No. 3 and authorizing the Mayor to execute an agreement
with Pro Dock and Door; said agreement subject to
Corporation Counsel approval.
2022-428 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 Horseheads whereby
the City's Animal Control Department will provide animal
control services as needed in accordance with Articles 7
and 26 of the Agriculture and Markets Law for a term of
one (1) year at a cost to the Town of $60,996.00 to be paid
by the Town in quarterly installments of $15,249.00
commencing retroactively from October 1, 2022 and
expiring on September 30, 2023; said agreement subject to
Corporation Counsel approval.
2022-429 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the purchase of two (2) Mammoth
walk behind snow removal equipment with sidewalk
attachments at a total cost of $45,410.10 utilizing
Chemung County's cooperative contract, a copy of the
Ariens Co quote and County Justification are attached;
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
and authorizing the Mayor to sign all required documents
to effect the purchase of the equipment.
AUDITS
2022-430 Act on Anti Displacement Learning Network Grant
Joseph Duffy Program Audit.
2022-431 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso
2022-432 Act on Downtown Revitalization Initiative Grant Program
Brent Stermer Audit.
2022-433 Act on Community Development Block Grant Program
Nan Moss Audit.
2022-434 Act on American Rescue Plan Commercial Property
Mayor Mandell Rehab Program Audit.
2022-435 Act on Audit.
Tory Kitching
SECOND PUBLIC COMMENT PORTION
CITY MANAGER REPORT
ADJOURN
2022-436 Act on resolution to adjourn.
Brent Stermer
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