Elmira City Council
Regular MeetingElmira, NY · May 23, 2023
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Monday, May 22, 2023 – 5:30 PM
COUNCIL MEETING
2023-161 Act on resolution dispensing with the minutes of the
Joseph Duffy Regular Meeting held on Monday, April 10, 2023.
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
Amended: April 10, 2023 To May 8, 2023.
2023-162 Receive communication from the City Manager and act on
Council as a Whole resolution announcing the Personnel Actions for the City
of Elmira whereby Joseph M .Runyan has been appointed
to the provisional position of Police Lieutenant, effective
April 18, 2023, at an annual salary of $97,719.15; Michael
W. Collins has elected to retire from his position of Police
Officer, effective April 30, 2023: and Dalton J. Guisewhite
has been appointed to the position of Police Officer,
effective May 5, 2023, at an annual salary of $52,135.29.
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
2023-163 Act on resolution extending appreciation to Michael W.
Council as a Whole Collins for his services rendered to the City of Elmira for
the past 20 years and wish him well in the future.
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
1
ABSENT: Mark A Franchi TOTAL: 1
2023-164 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the settlement of The L.C. Whitford
Co., Inc.'s legal action against the City for a payment by
the City to Whitford in the amount of $9,833.25 and
authorizing Corporation Counsel to sign a stipulation
discontinuing the legal action against the City.
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
2023-165 Act on resolution receiving the Financial Statements and
Joseph Duffy Auditor's Report for the Elmira Water Board for Year
Ending December 31, 2022, and placing said report on file.
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
2023-166 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a revocable License Agreement
granting to James W. Doland to continue an
encroachment of a shed into a portion of a City-owned
alley behind 1263 College Avenue, specifically shown on
the survey map attached hereto and made a part hereof
and authorizing the Mayor to execute a revocable License
Agreement; 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
2023-167 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
between the City and the Village of Elmira Heights, NY,
2
whereby the City Code Department will provide Code
Enforcement services to the Village two days a week for 8
hours a day and the Village paying the City $60.00 per
hour, a copy of the agreement is attached hereto and made
a part hereof, and authorizing the Mayor to sign the
intermunicipal agreement; 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
2023-168 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
between the City and the Town of Ashland whereby the
City's Animal Control Department will provide animal
control services to the Town at a cost of $6,283.00
annually to be paid by the Town to the City in monthly
installments of $523.59 commencing retroactively to May
1, 2023 and expiring on April 30, 2024 and authorizing the
Mayor to execute the agreement; 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
Placed On Consent
2023-169 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
between the City and the Town of Catlin whereby the
City's Animal Control Department will provide animal
control services to the Town at a cost of $9,600.00
annually to be paid by the Town to the City in monthly
installments of $800.00 commencing retroactively to May
1, 2023 and expiring on April 30, 2024 and authorizing the
Mayor to execute the agreement; said agreement subject
to Corporation Counsel approval
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
3
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
Placed On Consent
2023-170 Receive communication from the City Manager and act on
Corey Cooke resolution approving the purchase of dumpsters for the
City Department of Public Works utilizing Chemung
County's cooperative contract with Sourcewell from
vendor Wastequip Manufacturing Company, LLC at a
cost of up to $60,000.00 and authorizing the Mayor to sign
all required documents to effect the purchase of the
waste/recycling equipment and containers.
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
2023-171 Act on resolution authorizing and approving a flood
Corey Cooke control easement to the New York State Department of
Environmental Conservation with the redevelopment of
Mark Twain Riverfront Park in accordance with the
attached easement extending from West Water Street
southerly to the Chemung River Flood Control as shown
on the attached map and authorizing the Mayor to execute
the easement and all other documents necessary to effect
the easement.
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
2023-172 Act on Anti Displacement Learning Network Grant
Nan Moss Program Audit.
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
4
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
2023-173 Act on Lead Hazard Reduction Grant Program Audit.
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
2023-174 Act on Community Development Block Grant Program
Joseph Duffy Audit.
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
2023-175 Act on American Rescue Plan Property Rehab Audit.
Nan Moss
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
2023-176 Act on Audit
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
2023-177 Act on resolution to adjourn.
Nan Moss
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
5
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Mark A Franchi TOTAL: 1
6
Agenda
Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, May 22, 2023 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2023-161 Act on resolution dispensing with the minutes of the
Joseph Duffy Regular Meeting held on Monday, April 10, 2023.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
PERSONNEL ACTIONS
2023-162 Receive communication from the City Manager and act on
Council as a Whole resolution announcing the Personnel Actions for the City
of Elmira whereby Joseph M .Runyan has been appointed
to the provisional position of Police Lieutenant, effective
April 18, 2023, at an annual salary of $97,719.15; Michael
W. Collins has elected to retire from his position of Police
Officer, effective April 30, 2023: and Dalton J. Guisewhite
has been appointed to the position of Police Officer,
effective May 5, 2023, at an annual salary of $52,135.29.
2023-163 Act on resolution extending appreciation to Michael W.
Council as a Whole Collins for his services rendered to the City of Elmira for
the past 20 years and wish him well in the future.
RESOLUTIONS
2023-164 Receive communication from the City Manager and act on
Mayor Mandell resolution approving the settlement of The L.C. Whitford
Co., Inc.'s legal action against the City for a payment by
the City to Whitford in the amount of $9,833.25 and
authorizing Corporation Counsel to sign a stipulation
discontinuing the legal action against the City.
2023-165 Act on resolution receiving the Financial Statements and
Joseph Duffy Auditor's Report for the Elmira Water Board for Year
Ending December 31, 2022, and placing said report on file.
AGREEMENTS
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
2023-166 Receive communication from the City Manager and act on
Mayor Mandell resolution approving a revocable License Agreement
granting to James W. Doland to continue an
encroachment of a shed into a portion of a City-owned
alley behind 1263 College Avenue, specifically shown on
the survey map attached hereto and made a part hereof
and authorizing the Mayor to execute a revocable License
Agreement; said agreement subject to Corporation
Counsel approval.
2023-167 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
between the City and the Village of Elmira Heights, NY,
whereby the City Code Department will provide Code
Enforcement services to the Village two days a week for 8
hours a day and the Village paying the City $60.00 per
hour, a copy of the agreement is attached hereto and made
a part hereof, and authorizing the Mayor to sign the
intermunicipal agreement; said agreement subject to
Corporation Counsel approval.
2023-168 Receive communication from the City Manager and act on
Mayor Mandell resolution approving an intermunicipal agreement
between the City and the Town of Ashland whereby the
City's Animal Control Department will provide animal
control services to the Town at a cost of $6,283.00
annually to be paid by the Town to the City in monthly
installments of $523.59 commencing retroactively to May
1, 2023 and expiring on April 30, 2024 and authorizing the
Mayor to execute the agreement; said agreement subject
to Corporation Counsel approval.
2023-169 Receive communication from the City Manager and act on
Joseph Duffy resolution approving an intermunicipal agreement
between the City and the Town of Catlin whereby the
City's Animal Control Department will provide animal
control services to the Town at a cost of $9,600.00
annually to be paid by the Town to the City in monthly
installments of $800.00 commencing retroactively to May
1, 2023 and expiring on April 30, 2024 and authorizing the
Mayor to execute the agreement; 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
2023-170 Receive communication from the City Manager and act on
Corey Cooke resolution approving the purchase of dumpsters for the
City Department of Public Works utilizing Chemung
County's cooperative contract with Sourcewell from
vendor Wastequip Manufacturing Company, LLC at a
cost of up to $60,000.00 and authorizing the Mayor to sign
all required documents to effect the purchase of the
waste/recycling equipment and containers.
2023-171 Act on resolution authorizing and approving a flood
Corey Cooke control easement to the New York State Department of
Environmental Conservation with the redevelopment of
Mark Twain Riverfront Park in accordance with the
attached easement extending from West Water Street
southerly to the Chemung River Flood Control as shown
on the attached map and authorizing the Mayor to execute
the easement and all other documents necessary to effect
the easement.
AUDITS
2023-172 Act on Anti Displacement Learning Network Grant
Nan Moss Program Audit.
2023-173 Act on Lead Hazard Reduction Grant Program Audit.
Nick Grasso
2023-174 Act on Community Development Block Grant Program
Joseph Duffy Audit.
2023-175 Act on American Rescue Plan Property Rehab Audit.
Nan Moss
2023-176 Act on Audit
Nick Grasso
SECOND PUBLIC COMMENT PORTION
CITY MANAGER REPORT
ADJOURN
2023-177 Act on resolution to adjourn.
Nan Moss
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
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