Elmira City Council
Regular MeetingElmira, NY · March 28, 2023
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Monday, March 27, 2023 – 5:30 PM
COUNCIL MEETING
2023-100 Act on resolution dispensing with the minutes of the
Nan Moss Regular Meeting held on Monday, March 13, 2023.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
Public Hearing to receive written and oral comments from
the public regarding the City of Elmira's 2023 Annual
Action Plan for the Community Development Block Grant
and HOME Investment Partnership Program.
2023-101 Receive communication from the City Manager and act on
Mayor Mandell resolution announcing the Personnel Actions for the City
of Elmira whereby Matthew McGrain has been appointed
to the position of Acting Police Lieutenant, effective
March 2, 2023, at an annual salary of $97,719.15; Scott
Packard has been appointed to the position of Deputy
Police Chief, effective March 8, 2023, at an annual salary
of $120,645; and Franklin Garrison has elected to retire
from his position as Solid Waste Specialist II, effective
March 14, 2023
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-102 Act on resolution extending appreciation to Franklin
Council as a Whole Garrison for his 22 years of service to the City of Elmira
and wish him well in his future.
MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
1
6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-103 Act on resolution reporting the results of the Elmira
Nan Moss Housing Authority Election of a Tenant Representative to
the Elmira Housing Authority, held on March 7, 2023,
declaring Leslie Gorton elected with a term to expire
March 22, 2025.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-104 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the retention of a consultant through
the Animal Protection Federation to assist the City in
establishing and implementing a program to be
compliance with the new State Laws regarding animal
shelters, at no cost to the City except payment of the
consultant's travel, meals, and lodging expenses.
Amended top sheet only. Compliance to compliant.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-105 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as the lead agency
that the City's sale of surplus City-owned of Tax Map
Parcel # 79.19-5-8 known as 1209 Sullivan Street will not
have an adverse impact on the environment and directing
the Mayor to file a negative determination with the sale.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
2
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-106 Receive communication from the City Manager and act on
Mayor Mandell resolution declaring City-owned property identified as
Tax Map Parcel # 79.19-5-8 located at 1209 Sullivan Street
and approving the sale of said property to Mr. Willie
Owens in consideration of his payment to the City of
$1,250.00 and authorizing the Mayor to execute and
deliver a quitclaim to Mr. Owens; said deed and other title
documents subject to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-107 Receive communication from the City Manager and act on
Council as a Whole resolution approving the erection of a memorial plaque in
memory of Tess Rothstein to be placed by the Elmira
Rotary Club on a metal bench on the City-owned section
of the Lackawanna Trail closest to the Wegmans Plaza,
copies of the narrative and proposed plaque are attached
hereto.
MOTION: Approve SPONSORED BY: Council As A Whole VOTE:
6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-108 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the City's submission of a grant
application in the amount of $74,023.00 to the New York
State Archives Grants Administration Unit, and if
awarded any funds, approves receipt of the funds to be
used to upgrade the City's document scanning and storage
capabilities.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
3
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-109 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the City Manager or Fire Chief to
submit an application for grant monies to Federal
Emergency Management Agency (FEMA) in the amount
of $30,000.00 which funds, if awarded, will be used for the
purchase or equipment and tools to be used by the Fire
Prevention Bureau for the purpose of investigating fires,
with a cost share to the City of five percent (5%) of the
awarded amount and authorizing the Mayor to execute
whatever documentation FEMA requires to receive the
grant funds; said documents subject to Corporation
Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-110 Act on Ordinance authorizing certain Capital items in and
Joseph Duffy for the City of Elmira, Chemung County, New York at a
total maximum estimated cost of $4,721,500 and
authorizing the issuance of $3,459,500 bonds of said City
to pay part of the costs thereof.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-111 Receive communication from the City Manager and act on
Corey Cooke resolution approving Supplemental Agreement #2
retroactive to September 5, 2022 with Fisher Associates
for additional costs and scope of services associated with
the N. Main Street Bridge Rehabilitation Project PIN #'s
6754.90 and 6755.31 due to delays by Verizon at a
maximum cost to the City of $104,446.00; and authorizing
the Mayor to execute the Supplemental Agreement #2;
said agreement subject to Corporation Counsel approval.
4
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-112 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
intermunicipal agreement with the Town of Baldwin and
County of Chemung whereby the City's Animal Control
Department will provide animal control services for the
main purpose of enforcing Article 26 of the Agriculture
and Markets Law at a cost of $6,250.00 retroactive to
January 1, 2023 and expiring December 31, 2023,which
amount will be paid by the County to the City; said
agreement subject to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-113 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
intermunicipal agreement with the Town of Erin and
County of Chemung whereby the City's Animal Control
Department will provide animal control services for the
main purpose of enforcing Article 26 of the Agriculture
and Markets Law at a cost of $6,250.00 retroactive to
January 1, 2023 and expiring December 31, 2023, which
amount will be paid by the County to the City; said
agreement subject to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-114 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso
MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
5
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-115 Act on Community Development Block Grant Program
Tory Kitching Audit.
MOTION: Approve SPONSORED BY: Tory Kitching VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-116 Act on Audit.
Corey Cooke
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-117 Act on resolution to adjourn.
Nick Grasso
MOTION: Approve SPONSORED BY: Nick Grasso VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Tory Kitching, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
6
Agenda
Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, March 27, 2023 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2023-100 Act on resolution dispensing with the minutes of the
Nan Moss Regular Meeting held on Monday, March 13, 2023.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
PUBLIC HEARING
Public Hearing to receive written and oral comments from
the public regarding the City of Elmira's 2023 Annual
Action Plan for the Community Development Block Grant
and HOME Investment Partnership Program.
PERSONNEL ACTIONS
2023-101 Receive communication from the City Manager and act on
Mayor Mandell resolution announcing the Personnel Actions for the City
of Elmira whereby Matthew McGrain has been appointed
to the position of Acting Police Lieutenant, effective
March 2, 2023, at an annual salary of $97,719.15; Scott
Packard has been appointed to the position of Deputy
Police Chief, effective March 8, 2023, at an annual salary
of $120,645; and Franklin Garrison has elected to retire
from his position as Solid Waste Specialist II, effective
March 14, 2023
2023-102 Act on resolution extending appreciation to Franklin
Council as a Whole Garrison for his 22 years of service to the City of Elmira
and wish him well in his future.
RESOLUTIONS
2023-103 Act on resolution reporting the results of the Elmira
Nan Moss Housing Authority Election of a Tenant Representative to
the Elmira Housing Authority, held on March 7, 2023,
declaring Leslie Gorton elected with a term to expire
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
March 22, 2025.
2023-104 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the retention of a consultant through
the Animal Protection Federation to assist the City in
establishing and implementing a program to be
compliance with the new State Laws regarding animal
shelters, at no cost to the City except payment of the
consultant's travel, meals, and lodging expenses.
2023-105 Receive communication from Corporation Counsel and
Joseph Duffy act on resolution designating the City as the lead agency
that the City's sale of surplus City-owned of Tax Map
Parcel # 79.19-5-8 known as 1209 Sullivan Street will not
have an adverse impact on the environment and directing
the Mayor to file a negative determination with the sale.
2023-106 Receive communication from the City Manager and act on
Mayor Mandell resolution declaring City-owned property identified as
Tax Map Parcel # 79.19-5-8 located at 1209 Sullivan Street
and approving the sale of said property to Mr. Willie
Owens in consideration of his payment to the City of
$1,250.00 and authorizing the Mayor to execute and
deliver a quitclaim to Mr. Owens; said deed and other title
documents subject to Corporation Counsel approval.
2023-107 Receive communication from the City Manager and act on
Council as a Whole resolution approving the erection of a memorial plaque in
memory of Tess Rothstein to be placed by the Elmira
Rotary Club on a metal bench on the City-owned section
of the Lackawanna Trail closest to the Wegmans Plaza,
copies of the narrative and proposed plaque are attached
hereto.
GRANTS
2023-108 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the City's submission of a grant
application in the amount of $74,023.00 to the New York
State Archives Grants Administration Unit, and if
awarded any funds, approves receipt of the funds to be
used to upgrade the City's document scanning and storage
capabilities.
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
2023-109 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the City Manager or Fire Chief to
submit an application for grant monies to Federal
Emergency Management Agency (FEMA) in the amount
of $30,000.00 which funds, if awarded, will be used for the
purchase or equipment and tools to be used by the Fire
Prevention Bureau for the purpose of investigating fires,
with a cost share to the City of five percent (5%) of the
awarded amount and authorizing the Mayor to execute
whatever documentation FEMA requires to receive the
grant funds; said documents subject to Corporation
Counsel approval.
ORDINANCE
2023-110 Act on Ordinance authorizing certain Capital items in and
Joseph Duffy for the City of Elmira, Chemung County, New York at a
total maximum estimated cost of $4,721,500 and
authorizing the issuance of $3,459,500 bonds of said City
to pay part of the costs thereof.
AGREEMENTS
2023-111 Receive communication from the City Manager and act on
Corey Cooke resolution approving Supplemental Agreement #2
retroactive to September 5, 2022 with Fisher Associates
for additional costs and scope of services associated with
the N. Main Street Bridge Rehabilitation Project PIN #'s
6754.90 and 6755.31 due to delays by Verizon at a
maximum cost to the City of $104,446.00; and authorizing
the Mayor to execute the Supplemental Agreement #2;
said agreement subject to Corporation Counsel approval.
2023-112 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
intermunicipal agreement with the Town of Baldwin and
County of Chemung whereby the City's Animal Control
Department will provide animal control services for the
main purpose of enforcing Article 26 of the Agriculture
and Markets Law at a cost of $6,250.00 retroactive to
January 1, 2023 and expiring December 31, 2023,which
amount will be paid by the County to the City; 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
2023-113 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
intermunicipal agreement with the Town of Erin and
County of Chemung whereby the City's Animal Control
Department will provide animal control services for the
main purpose of enforcing Article 26 of the Agriculture
and Markets Law at a cost of $6,250.00 retroactive to
January 1, 2023 and expiring December 31, 2023, which
amount will be paid by the County to the City; said
agreement subject to Corporation Counsel approval.
AUDITS
2023-114 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso
2023-115 Act on Community Development Block Grant Program
Tory Kitching Audit.
2023-116 Act on Audit.
Corey Cooke
SECOND PUBLIC COMMENT PORTION
CITY MANAGER REPORT
ADJOURN
2023-117 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