Elmira City Council
Regular MeetingElmira, NY · November 21, 2023
Minutes
Elmira City Council
Meeting Minutes
RE: AGENDA, ELMIRA CITY Monday, November 20, 2023 – 5:30 PM
COUNCIL MEETING
2023-358 Act on resolution dispensing with the minutes of the
Corey Cooke Regular Meeting held on Monday, November 6, 2023.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, 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
comments from the public regarding proposed Local Law
#2 of 2023.
2023-359 Receive communication from the City Manager and act on
Nan Moss resolution announcing the Personnel Action for the City of
Elmira whereby Jason A. Drake has been appointed to the
position of Solid Waste Specialist II, effective November 6,
2023, at an hourly rate of $18.95.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-360 Receive communication from the City Manager and act on
Mayor Mandell resolution recommending the appointment of Timothy
Blandford to the Board of Assessment Review.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-361 Receive communication from the Mayor and act on
1
Mayor Mandell resolution recommending the reappointment of Anna
Eide, Allen C. Smith, and Lynne Rusinko to the Public
Arts Commission.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 1
AYES: Daniel Mandell, Corey Cooke, Joseph H Duffy, Mark A Franchi,
Nannette M Moss TOTAL: 5
NAYS: Nick Grasso TOTAL: 1
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-362 Receive communication from the City Manager and act on
Joseph Duffy resolution accepting Records of Activities submitted by
Councilmembers Moss and Franchi and directing the
records be submitted to the New York State Retirement
System.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-363 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring the vehicles set forth on the attached
list as surplus property and authorizing the sale of the
vehicles by way of either on-line auction by Auctions
International, Inc. or sale to Pick-A-Part in Horseheads,
NY.
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-364 Act on resolution adopting Local Law #1 of 2023 to amend
Mayor Mandell Section 214 of the City Charter to provide for the
payment of compensation to each of the City's Cemetery
Commissioners.
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 5- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Mark A Franchi,
Nannette M Moss TOTAL: 5
NAYS: TOTAL: 0
2
ABSTAIN: Joseph H Duffy TOTAL: 1
ABSENT: Tory Kitching TOTAL: 1
2023-365 Receive communication from Corporation Counsel and
Corey Cooke act on resolution authorizing the Mayor to enter into a
License Agreement with CASA-Trinity granting a 3-yr
revocable license for CASA-Trinity to use City-owned
property located at the northwest corner of East
Washington Ave and Stowell Street solely for parking
purposes and for which CASA-Trinity will pay the City
the annual sum of $1,000.00 commencing retroactively to
November 1, 2023 and expiring October 31, 2026; said
agreement subject to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-366 Receive communication from the City Manager and act on
Corey Cooke resolution authorizing the Mayor to execute an agreement
with Dewittsburgh Housing Development Fund Corp by
which the City provides additional police services to
Dewittsburgh in consideration for the payment of
$154,500.00 for the calendar year 2024; said agreement
subject to Corporation Counsel approval.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 5- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi TOTAL: 5
NAYS: TOTAL: 0
ABSTAIN: Nannette M Moss TOTAL: 1
ABSENT: Tory Kitching TOTAL: 1
2023-367 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
between the City and Chemung County whereby the City
provides Hazardous Materials Incident Response to the
County and the County will assist the City by paying the
annual amount of $35,000.00 for such services; said
agreement subject to Corporation Counsel approval, a
copy of which is attached hereto.
MOTION: Approve SPONSORED BY: Nannette M Moss VOTE: 6- 0
3
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-368 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
intermunipical agreement between the Town of Baldwin,
Chemung County, and City whereby the City will provide
animal control services to the Town, enforcing Article 26
of the Agriculture and Markets Law, for the calendar year
of 2024 and for which the County will pay the City the
sum of $6,250.00 on behalf of the Town for these services;
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,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Placed On Consent
2023-369 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an
intermunicipal agreement between the Town of Erin,
Chemung County, and City whereby the City will provide
animal control services to the Town, enforcing Article 26
of the Agriculture and Markets Law, for the calendar year
2024 and for which the County will pay the City the sum
of $6,250.00 on behalf of the Town for these services; said
agreement subject to Corporation Counsel approval.
MOTION: SPONSORED BY: Nannette M Moss VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: TOTAL: 0
Placed On Consent
2023-370 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
intermunicipal agreement between the Town of VanEtten,
Chemung County, and the City whereby the City will
4
provide animal control services to the Town, enforcing
Article 26 of the Agriculture and Markets Law, for the
calendar year 2024 and for which the County will pay the
City the sum of $6,250.00 on behalf of the Town for these
services; 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,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
Placed On Consent
2023-371 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-372 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell
MOTION: Approve SPONSORED BY: Daniel Mandell VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-373 Act on Community Development Block Grant Program
Corey Cooke Audit.
MOTION: Approve SPONSORED BY: Corey Cooke VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-374 Act on Audit.
Joseph Duffy
5
MOTION: Approve SPONSORED BY: Joseph H Duffy VOTE: 6- 0
AYES: Daniel Mandell, Corey Cooke, Nick Grasso, Joseph H Duffy,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
2023-375 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,
Mark A Franchi, Nannette M Moss TOTAL: 6
NAYS: TOTAL: 0
ABSTAIN: TOTAL: 0
ABSENT: Tory Kitching TOTAL: 1
6
Agenda
Elmira City Council
RE: AGENDA, ELMIRA CITY Monday, November 20, 2023 – 5:30 PM
COUNCIL MEETING
APPROVAL OF MINUTES
2023-358 Act on resolution dispensing with the minutes of the
Corey Cooke Regular Meeting held on Monday, November 6, 2023.
FIRST PUBLIC COMMENT PORTION
IDENTIFICATION OF CONSENT ITEMS
PUBLIC HEARING
PUBLIC HEARING for the purpose of receiving
comments from the public regarding proposed Local Law
#2 of 2023.
PERSONNEL ACTIONS
2023-359 Receive communication from the City Manager and act on
Nan Moss resolution announcing the Personnel Action for the City of
Elmira whereby Jason A. Drake has been appointed to the
position of Solid Waste Specialist II, effective November 6,
2023, at an hourly rate of $18.95.
2023-360 Receive communication from the City Manager and act on
Mayor Mandell resolution recommending the appointment of Timothy
Blandford to the Board of Assessment Review.
2023-361 Receive communication from the Mayor and act on
Mayor Mandell resolution recommending the reappointment of Anna
Eide, Allen C. Smith, and Lynne Rusinko to the Public
Arts Commission.
RESOLUTIONS
2023-362 Receive communication from the City Manager and act on
Joseph Duffy resolution accepting Records of Activities submitted by
Councilmembers Moss and Franchi and directing the
records be submitted to the New York State Retirement
System.
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
2023-363 Receive communication from the City Manager and act on
Joseph Duffy resolution declaring the vehicles set forth on the attached
list as surplus property and authorizing the sale of the
vehicles by way of either on-line auction by Auctions
International, Inc. or sale to Pick-A-Part in Horseheads,
NY.
LOCAL LAW
2023-364 Act on resolution adopting Local Law #1 of 2023 to amend
Mayor Mandell Section 214 of the City Charter to provide for the
payment of compensation to each of the City's Cemetery
Commissioners.
AGREEMENTS
2023-365 Receive communication from Corporation Counsel and
Corey Cooke act on resolution authorizing the Mayor to enter into a
License Agreement with CASA-Trinity granting a 3-yr
revocable license for CASA-Trinity to use City-owned
property located at the northwest corner of East
Washington Ave and Stowell Street solely for parking
purposes and for which CASA-Trinity will pay the City
the annual sum of $1,000.00 commencing retroactively to
November 1, 2023 and expiring October 31, 2026; said
agreement subject to Corporation Counsel approval.
2023-366 Receive communication from the City Manager and act on
Corey Cooke resolution authorizing the Mayor to execute an agreement
with Dewittsburgh Housing Development Fund Corp by
which the City provides additional police services to
Dewittsburgh in consideration for the payment of
$154,500.00 for the calendar year 2024; said agreement
subject to Corporation Counsel approval.
2023-367 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an agreement
between the City and Chemung County whereby the City
provides Hazardous Materials Incident Response to the
County and the County will assist the City by paying the
annual amount of $35,000.00 for such services; said
agreement subject to Corporation Counsel approval, a
copy of which is attached hereto.
Elmira City Hall - 317 E. Church Street - Elmira, New York 14901
Council Chambers, 2nd Floor
www.Cityofelmira.net - (607) 737 5644
2023-368 Receive communication from the City Manager and act on
Mayor Mandell resolution authorizing the Mayor to execute an
intermunipical agreement between the Town of Baldwin,
Chemung County, and City whereby the City will provide
animal control services to the Town, enforcing Article 26
of the Agriculture and Markets Law, for the calendar year
of 2024 and for which the County will pay the City the
sum of $6,250.00 on behalf of the Town for these services;
said agreement subject to Corporation Counsel approval.
2023-369 Receive communication from the City Manager and act on
Nan Moss resolution authorizing the Mayor to execute an
intermunicipal agreement between the Town of Erin,
Chemung County, and City whereby the City will provide
animal control services to the Town, enforcing Article 26
of the Agriculture and Markets Law, for the calendar year
2024 and for which the County will pay the City the sum
of $6,250.00 on behalf of the Town for these services; said
agreement subject to Corporation Counsel approval.
2023-370 Receive communication from the City Manager and act on
Joseph Duffy resolution authorizing the Mayor to execute an
intermunicipal agreement between the Town of VanEtten,
Chemung County, and the City whereby the City will
provide animal control services to the Town, enforcing
Article 26 of the Agriculture and Markets Law, for the
calendar year 2024 and for which the County will pay the
City the sum of $6,250.00 on behalf of the Town for these
services; said agreement subject to Corporation Counsel
approval.
AUDITS
2023-371 Act on Downtown Revitalization Initiative Grant Program
Corey Cooke Audit.
2023-372 Act on Lead Hazard Reduction Grant Program Audit.
Mayor Mandell
2023-373 Act on Community Development Block Grant Program
Corey Cooke Audit.
2023-374 Act on Audit.
Joseph Duffy
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
2023-375 Act on resolution to adjourn.
Nan Moss
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