Cortland Common Council Agenda: February 1st, 2022 (Live Stream Information Included)

(Photo Source: Cortland High’s video club).

Here is the agenda for tonight’s (February 1st, 2022) Cortland Common Council meeting. Tonight's meeting will be taking place at Waste Water Treatment Facility located on 251 Port Watson Street.

We, the Cortland Voice will be live streaming the meeting on our Facebook page at 6pm.

Agenda

Public Hearing: A Public Hearing Regarding Revisions to the City Ethics Policy

• Salute to the Flag
• Moment of Silence/Reflection
• Proclamations/Presentations
• Privilege of the Floor
• Mayor’s Report
• Ward Reports
• Finance Report
• Approval of the Minutes: Minutes of January 18, 2022

Supporting Documents:

• ETHICS AND FOIL POLICIES.PDF
• PUBLIC CC SUPPORTING DOC. 2022.02.01.PDF
• PUBLIC CC FINANCIALS 2022.02.01.PDF

Item #1 - Extinguishing City Tax Liens, Interest, Penalties and Other Charges on Real Property Located at 43-45-47 Cleveland Street

• WHEREAS, there is a parcel of real property containing approximately 7.8 acres of land located in the City of Cortland, County of Cortland, State of New York, being current City Tax Parcel No. 87.37- 02-06.000 and commonly known as 43-45-47 Cleveland Street (“Property”);
• AND WHEREAS, the City has a real property tax lien on the Property in the amount of THREE HUNDRED THREE AND 00/100 DOLLARS ($303,000.00) consisting of unpaid real property taxes, penalties, water and sewer fees, and code violation fees in connection with said Property (Tax Parcel ID: 87.37-02-06.000);
• AND WHEREAS, the Property is eligible for a tax foreclosure proceeding by the City;
• AND WHEREAS, a tax foreclosure proceeding would be time consuming inconsistent with the need to immediately address issues at the Property;
• AND WHEREAS, the Cortland County Industrial Development Agency (“CCIDA”) desires to acquire the Property for the purpose of eliminating an existing public and private nuisance, protecting the health and safety of the community and returning the Property to a productive tax-paying use for economic development purposes;
• AND WHEREAS, the CCIDA is uniquely qualified to access critical funding and other resources to address environmental hazards and liabilities associated with the Property;
• AND WHEREAS, it is in the City’s interest to see the Property returned to productive use;
• AND WHEREAS, a tax foreclosure proceeding is highly unlikely to yield a better financial outcome for the city;
• AND WHEREAS, The CCIDA will not pursue the project with the tax lien in force against the Property;
• NOW THEREFORE, BE IT

1. That in accordance with Local Law No. 6 of 2014, City Charter Article III, Section C3- 9(L), the Common Council finds that good cause exists to compromise the Lien in accordance with an agreement between the City and CCIDA; and
2. The payment to the City of funds recovered after a sale of the Property, if any, is sufficient consideration to the City under the circumstances; and
3. Neither this Resolution nor the associated Agreement is intended to constitute a grant of title or gift, or otherwise provide the City with any tangible interest in the Property, other than as specifically stated above; and
4. In the event CCIDA does not acquire the Property in accordance with the terms and conditions of the Agreement then (i) the Lien shall not be extinguished, (ii) this Resolution shall be a nullity, and (iii) the City shall have all rights of enforcement of said Lien; and
5. This Resolution shall be effective once certified by the Cortland City Clerk.

• AND, BE IT FURTHER RESOLVED:

1. That the Mayor, upon review and approval by the City Corporation Counsel or designee, is hereby authorized and directed to sign an agreement with the CCIDA regarding 43-45- 47 Cleveland Street (Tax Parcel ID: 87.37-02-06.000); and
2. That Mayor, upon review and approval by the City Corporation Counsel or designee, is hereby authorized and directed execute any and all agreements with the CCIDA allowing the City’s access to the Property and indemnifies the CCIDA for any resultant activities thereon, including remedial site cleanup efforts as may be necessary.

Item #2 - Authorize Agreement with the Cortland County Industrial Development Agency for Lien Release on Real Property Located at 43-45-47 Cleveland Street

• WHEREAS, the city has a real property tax lien (“Lien”) against certain real property containing approximately 7.8 acres of land located in the city of Cortland, County of Cortland, State of New York, being current City Tax Parcel No. 87.37-02-06.000 and commonly known as 43-45-47 Cleveland Street (“Property”); AND
• WHEREAS, the Property is currently owned by Cort Holdings, LLC, a dissolved Wyoming limited liability company with an address of 720 Eagle View Court, Suite R, Mason, Ohio 45040 (“Owner”); AND
• WHEREAS, the Property is in deplorable condition, an eyesore and hazard to the health and safety of the community, contains numerous piles of debris from the demolition of structures previously on the Property and the Owner has failed to properly clear and clean the Property and the Owner, being a defunct entity, confirmed it has no intention of taking any further action in relation to the Property; AND
• WHEREAS, the Property is both a public and private nuisance as the community's health, safety and welfare is at risk as the Property’s current condition is offensive to the senses and the Property unreasonably and unlawfully interferes with others' use and enjoyment of life and property in the city; AND
• WHEREAS, the Cortland County Industrial Development Agency (“CCIDA”), as the primary economic development entity in Cortland County, desires to acquire the Property from the Owner for the purpose of eliminating the existing public and private nuisance, protecting the health and safety of the Community and returning the Property to a productive tax-paying use for economic development purposes; AND
• WHEREAS, a tax foreclosure proceeding by the city would be time consuming and highly unlikely to yield a better financial outcome for the city; AND
• WHEREAS, CCIDA is in the best position to return the Property to productive taxpaying use; and
• WHEREAS, CCIDA is unable to acquire the Property without resolution of the Lien in accordance with agreed to terms and conditions as set forth in an agreement by and between the city of Cortland and the Cortland County Industrial Development Agency; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby authorize the Mayor to enter into an agreement with CCIDA for release of the Lien, redevelopment by CCIDA and to share proceeds.

Item #3 -Accept Proposal to Conduct Quality Assurance Project Plan (QAPP) and Health and Safety Plan (HASP) for Real Property Located at 43-45-47 Cleveland Street

• WHEREAS, in February 2021, C&S Engineers, Inc. (C&S) prepared a Phase I Environmental Site Assessment (ESA) for real property containing approximately 7.8 acres of land located in the city of Cortland, County of Cortland, State of New York, being current City Tax Parcel No. 87.37-02-06.000 and commonly known as 43-45-47 Cleveland Street (“Property”) to determine if environmental concerns or issues may be present; AND
• WHEREAS, C&S concluded that further environmental assessment was warranted; AND
• WHEREAS, there is a requirement that prior to completing a Phase II ESA under the EPA Assessment Grant, a Quality Assurance Project Plan (QAPP) and Health and Safety Plan (HASP) be conducted; AND
• WHEREAS, the QAPP details the investigation plan and goals for the Phase II so the EPA can review and approve prior to beginning site work; AND
• WHEREAS, C&S has submitted a proposal to the city of Cortland to complete the QAPP and HASP, the cost of which will be reimbursed to the city by the EPA once the Phase II ESA is complete; NOW, THERFORE, BE IT
• RESOLVED, that the Common Council does hereby authorize the Mayor to enter into an agreement with C&S to complete a QAPP and HASP.

Item #4 - FEMA Assistance to Firefighters Grant Program SAFER Hiring Grant

• WHEREAS, the mission of the city of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Cortland Fire Department is committed to the safety and health of its firefighters by providing educational opportunities for our staff; AND
• WHEREAS, the Cortland Fire Department uses all available financial resources to provide technical tools and equipment that meets the needs of our department in serving the citizens of Cortland; AND
• WHEREAS, the Department’s members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Cortland Fire Department is a combination fire department consisting of both career and volunteer firefighters and personnel; AND
• WHEREAS, the Federal Emergency Management Agency’s Assistance to Firefighters Grant Program manages the SAFER Grant Program for the hiring of career firefighters and the recruitment and retention of volunteer firefighters; AND
• WHEREAS, the SAFER grant program offers a SAFER Hiring Grant with a period of performance of three years and provides 100% federal funding for the cost of salary and fringe benefits; AND
• WHEREEAS, nearly half of the career firefighters, including the majority of the career fire officers will be eligible to retire in the next three years, creating the potential for an experience vacuum; AND
• WHEREAS, the SAFER Grant Program does not stipulate that the firefighter positions must be continued beyond the three-year period of performance of the grant; NOW, THEREFORE, BE IT
• RESOLVED, that the city of Cortland Common Council authorizes the Fire Chief to apply for and, if awarded, accept a SAFER Hiring Grant for four career firefighters in the amount $1,223,292.14, and authorizes the Mayor to sign the award if offered.

Item #5 - FEMA Assistance to Firefighters Grant Program SAFER Recruitment and Retention Grant

• WHEREAS, the mission of the city of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Cortland Fire Department is committed to the safety and health of its firefighters by providing educational opportunities for its staff; AND
• WHEREAS, Department members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Cortland Fire Department uses all available financial resources to provide technical tools and equipment that meets the needs of its department in serving the citizens of Cortland; AND
• WHEREAS, the Cortland Fire Department is a combination fire department consisting of both career and volunteer firefighters and personnel; AND
• WHEREAS, the Federal Emergency Management Agency’s Assistance to Firefighters Grant Program manages the SAFER Grant Program for the recruitment and retention of volunteer firefighters and the recruitment and retention of volunteer firefighters; AND
• WHEREAS, the SAFER grant program offers a recruitment and retention grant with a period of performance of up to four years and provides 100% federal funding for authorized expenses; AND
• WHEREAS, the city of Cortland has seen a decrease in the number of active volunteer firefighters; AND
• WHEREAS, the city would benefit from increasing the number of volunteer firefighters; AND
• WHEREAS, the SAFER Grant program does not require that any recruitment and retention activities be continued beyond the four-year period of performance of the grant; NOW THEREFORE, BE IT
• RESOLVED, that the city of Cortland Common Council authorizes the Fire Chief to apply for and, if awarded, accept a SAFER recruitment and retention grant in the amount $536,920, and authorizes the Mayor to sign the award if offered.

Item #6 - 111 Port Watson Street Lien Release

• WHEREAS, the City of Cortland (“City”) provided assistance to Cortland Community Services Corporation (“Mortgagor”) in the form of a Mortgage resulting in a lien against the property located at 111 Port Watson Street, Cortland, New York 13045 (“Property”); AND
• WHEREAS, the County of Cortland has entered into an agreement to purchase the Property from the Mortgagor, which requires a release of lien for said Mortgage; AND
• WHEREAS, all conditions of the Mortgage required for its release and discharge have been satisfied; AND
• WHEREAS, the Mortgagor has requested a Discharge of Mortgage from the City to release the lien; AND
• WHEREAS, the City’s Corporation Counsel has reviewed the Mortgage and has made a recommendation to the City’s Common Council to approve the Mortgagor’s request; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland releases its lien against the Property for the Mortgage dated November 13, 2001, made by Cortland Community Services Corporation to the City of Cortland in the principal sum of One Hundred Thousand Dollars and 00/100 ($100,000.00), recorded on November 27, 2001 in the Office of the Cortland County Clerk as Instrument No. 2001-6019, and further authorizes Mayor Scott Steve to sign a Discharge of Mortgage for the same

Item #7 - Adopt Ethics Policy

• WHEREAS, officers and employees of the city of Cortland, New York, hold their positions to serve and benefit the public and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties; AND
• WHEREAS, the Cortland Common Council recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct; AND
• WHEREAS, a public hearing was conducted on February 1, 2022 relating to this Code of Ethics; AND
• WHEREAS, this Code of Ethics adopted hereby applies to the officers and employees of the city of Cortland, and shall supersede any prior municipal code of ethics; AND
• WHEREAS, the provisions of this Code of Ethics shall apply in addition to all applicable state and local laws relating to conflicts of interest and ethics, including but not limited to Article 18 of the General Municipal Law, and all rules, regulations, policies and procedures of the city of Cortland; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does hereby adopt a Code of Ethics which shall take effect immediately upon filing with the Secretary of State.

Item #8 - Authorize RFP and Contract for Independent Auditing Services

• WHEREAS, the Mayor and Common Council desire to have the city of Cortland’s financials reviewed and audited by independent auditor; AND
• WHEREAS, the Mayor and Common Council wish to contractually engage such auditing services through a Request for Proposals (RFP); NOW, THERFORE, BE IT
• RESOLVED, that the Common Council does hereby authorize the Mayor to issue an RFP for independent auditing services and to enter into a contract for such services.

Item #9 - Authorize School Resource Officer Memorandum of Understanding with the Cortland City School District

• WHEREAS, the Cortland City Police Department has had a full-time uniformed police officer in the position of School Resource Officer in the Cortland City School District since 2007, based upon an annual Memorandum of Understanding identifying the duties of the position and the cost sharing between the two entities and financial sharing for the position of the two entities; AND
• WHEREAS, the Cortland City Police Department and the Cortland City School District have seen the value of maintaining this position as a positive impact upon the students, faculty and families who enter school grounds; AND
• WHEREAS, the Cortland City Police Department and the Cortland City School District are desirous of maintaining this position; AND
• WHEREAS, the Cortland City School District is willing to absorb the total cost of a part-time School Resource Officer and alleviating the financial obligation of the Cortland City Police Department for this position; AND
• WHEREAS, the financial savings to the Cortland City Police Department will allow those funds to be re-directed to place an additional full-time police officer in the Patrol Division; AND
• WHEREAS, there is documented proof of the need for additional police officers on patrol to handle the increasing number of calls for service, creating a safer environment for the citizens and the police officers on patrol, and allowing for re-establishing a more proactive police force, all of which establishes a solid base for better relationship between the police department and the community; NOW THEREFORE, BE IT,
• RESOLVED, that the Common Council does hereby affirm that the Cortland City Police Department may create part-time police officer positions and enter into the Memorandum of Understanding with the Cortland City School District, thus maintaining the School Resource position and hiring an additional full-time police officer for the Patrol Division.

Item #10 - Alternate Truck Routes and Formal Signage

• WHEREAS, three Interstate exits exist north and east of the city which bring significant truck traffic through the City of Cortland via major connector routes which include Routes 11, 13, 41, 281; AND
• WHEREAS, there is currently a lack of formal signage deterring truck traffic from traveling through the City of Cortland on state Routes 11, 13, 41, and 281 resulting in large vehicles causing unnecessary congestion throughout the city and at several major intersections in the downtown area; AND
• WHEREAS, a major construction project will begin this spring converting Main Street in the city from a two-lane/one-way street to two-lane/two-way traffic, severely altering traffic patterns in the overall downtown area, most dramatically changing traffic patterns at major intersections at each end of Main Street – with Route 13 at the southern end, and with Route 222 at the northern end; AND
• WHEREAS, eliminating large truck traffic from these routes appears to be a straight forward, relatively simple method to enhance travel in and around the City of Cortland; AND
• WHEREAS, New York State Department of Transportation (DOT) directing through traffic around the city utilizing existing infrastructure - Interstate exits and an upgraded, modern highway system designed for such traffic - is reasonable and highly cost effective resulting in an efficient route for through trucks and vehicles, while increasing vehicle and pedestrian safety all along the route for SUNY students, elderly housing residents and an expanding downtown; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes the Mayor to send a letter to the DOT Acting Regional Traffic Safety & Mobility Engineer outlining the issues above and requesting consideration to direct through traffic around the city utilizing existing infrastructure.

Item #11 - Accept and Recognize Donations to Cortland Youth Bureau

• WHEREAS, donations have been given to the Cortland Youth Bureau; AND
• WHEREAS, the Common Council must accept and allocate such funds; AND
• WHEREAS, the Mayor, Common Council and Cortland Youth Bureau wish to publicly recognize these donations and the generosity of the donors; NOW, THEREFORE, BE IT,
• RESOLVED, that the Common Council accepts the donations listed below, and appropriates funds to the Cortland Youth Bureau operating budget accounts outlined below.

Discussion Items

1. Scheduling a first public hearing for 2022 Community Development Block Grants for Feb. 15, 2022 meeting
2. Scheduling a second public hearing for the City’s 2019 CDBG Income Property Program for Feb. 15, 2022 meeting
3. Redistricting committee
4. Records Access Policy draft (FOIL)