Cortland Common Council Agenda: February 15th, 2022 (Live Stream Information Included)

Here is the agenda for tonight’s (February 15th, 2022) Cortland Common Council meeting. The meeting will be live streamed Via Zoom video, and will also be recorded by the Cortland Enlarged City School District. The meeting is scheduled to begin at 6 pm.

Here is the Zoom Meeting ID: 923 566 4700

You can also click here or on the following link to watch a live stream of the meeting: https://ensemble.cnyric.org/Watch/a8J6SgQy

Agenda

Public Hearings

  • Public Hearing on Records Access Policy (FOIL)
  • Public Hearing on 2022 Community Development Block Grant Applications
  • Public Hearing on the City’s 2019 CDBG Income Property Housing Rehabilitation Program

Call to Order

  • 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 February 1, 2022

Supporting Documents

Resolutions

Agenda Item #1 - Authorize Third Party Custodian Agreement with Tompkins Community Bank

  • WHEREAS, the city of Cortland desires to continue to maintain public deposits with the Tompkins Community Bank (formerly known as Tompkins Trust Company); AND
  • WHEREAS, the Tompkins Community Bank desires to obtain such deposits and to provide security therefor as required by the General Municipal Law, Banking Law and other applicable statutes; AND
  • WHEREAS, the Custodial institution, the Bank of New York Mellon, agrees to provide safekeeping services and to hold any securities pledged by the Tompkins Community Bank in a custodial account established for the benefit of the city of Cortland; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor and a designee of the Mayor are hereby authorized to sign a third party custodian agreement for collateralized municipal deposits with Tompkins Community Bank and Bank of New York Mellon.

Agenda Item #2 - Adopt Records Access Policy

  • WHEREAS, Subdivision 1(a) of Section 87 of the Public Officers Law requires the governing body of each public corporation to promulgate uniform rules for all agencies in such public corporation pursuant to regulations promulgated by the committee on open government at 21 NYCRR Part 1401, and in conformity with the provisions of Article 6 of the Public Officers Law, also known as the freedom of information law; AND
  • WHEREAS, the city of Cortland shall abide by the New York state freedom of information law pursuant to Article 6 of the Public Officers Law; AND
  • WHEREAS, the city of Cortland has developed a Records Access Policy applicable to all city departments, boards, and commissions: AND
  • WHEREAS, the Common Council held a public hearing on the Records Access Policy on February 1, 2022; AND
  • WHEREAS, no member of the public was present at the public hearing to speak on the issue; NOW, THEREFORE, BE IT
  • RESOLVED, that the city of Cortland does hereby adopt a Records Access Policy applicable to all city departments, boards, and commissions.

Agenda Item #3 - Appoint Records Access Officer

  • WHEREAS, 21 NYCRR Part 1401.2 states the governing body of a public corporation shall be responsible for insuring compliance with the regulations contained in 21 NYCRR Part 1401 and shall designate one or more persons as records access officer by name or by specific job title who shall have the duty of coordinating agency response to public requests for access to records; AND
  • WHEREAS, the designation of one or more records access officers shall not be construed to prohibit city agency officials who are authorized to make records or information available to the public from continuing to do so; AND
  • WHEREAS, the records access officer is responsible for assuring that agency personnel comply with provisions of Section 87 of the Public Officers Law and regulations found at 21 NYCRR Part 1401; NOW, THEREFORE, BE IT
  • RESOLVED, that Andrew T. Jewett, City Clerk whose business address is 25 Court Street Cortland NY 13045 and whose email address is [email protected], is hereby designated as Records Access Officer for the city of Cortland, AND, BE IT FURTHER
  • RESOLVED, that, in the absence of the City Clerk, Arthur James Meldrim, Corporation Counsel whose business address is 25 Court Street Cortland NY 13045 and whose email address is [email protected] shall be deemed the Records Access Officer for the duration of the Clerk’s absence.

Agenda Item #4 - Appoint Records Access Appeal Officer

  • WHEREAS, 21 NYCRR Part 1401.7(a) states that the governing body of a public corporation shall determine appeals or shall designate a person or body to hear appeals regarding denial of access to records under provisions of Article 6 of the Public Officers Law, also known as the freedom of information law and regulations found at 21 NYCRR Part 1401.7; AND
  • WHEREAS, Public Officers Law section 89(4)a states that “any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body”; AND
  • WHEREAS, the Records Access Appeals Officer shall consider written appeals made within thirty days of access to records being denied; NOW, THEREFORE, BE IT
  • RESOLVED, that Scott Steve, Mayor of the city of Cortland whose business address is 25 Court Street Cortland NY 13045 and whose email address is [email protected] is hereby designated Records Access Officer for the city of Cortland.

Agenda Item #5 - FEMA Assistance to Firefighters Grant Program Fire Prevention and Safety 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, and public education and fire prevention services to the community; AND
  • WHEREAS, Fire Department members are committed to personal safety, duty, honor and public service; AND
  • WHEREAS, the Fire Department is committed to the safety and health of its firefighters by providing educational opportunities for its staff; AND
  • WHEREAS, the Fire Department uses all available financial resources to provide technical tools and equipment that meets the needs of the department in serving the citizens of Cortland; AND
  • WHEREAS, the Fire Department provides regular fire extinguisher training; AND
  • WHEREAS, the existing fire extinguisher training prop is fifteen years old and no longer works properly; AND
  • WHEREAS, the Assistance to Firefighters Grant Program offers a Fire Prevention Grant for projects such as this with a 5% required local match; NOW THEREFORE BE IT
  • RESOLVED, that the city of Cortland Common Council authorizes the Fire Chief to apply for and, if awarded, accept a FEMA Fire Prevention and Safety Grant in the amount $21,682 with a federal share of $20,649 and a local share of $1,033, and authorizes the Mayor to accept and sign the award if offered.

Agenda Item #6 - Approve Budget Modification and Memorandum of Understanding in Anticipation of Code Department Realignment

  • WHEREAS, the city of Cortland provides code enforcement services for the protection of its residents from unsafe construction practices and life safety issues; AND
  • WHEREAS, the city’s Code Enforcement office is currently in a transition and realignment of responsibilities and duties for providing the required services needed; AND
  • WHEREAS, in anticipation of this, the FY 2022 Code Budget was modified to facilitate a primarily civilian operation, with a personnel budget allotment for the FY2022 Code Budget of $247,352; AND
  • WHEREAS, the Code Enforcement office has been partially staffed by Uniform Members of the Fire Department and has had responsibilities that are under the direction of the Fire Chief and Mayor; AND
  • WHEREAS, Realignment of the Code Enforcement Office will place all personnel and responsibilities under the Fire Department with management by the Fire Chief; AND
  • WHEREAS, said Realignment requires budget transfers from the current FY2022 Code Enforcement Budget (A3620) to Fire Department Budget (A3410); AND
  • WHEREAS, said budget transfer will facilitate a savings in original FY2022 budget disbursement of $113,889; AND BE IT FURTHER
  • RESOLVED, that the city of Cortland Common Council authorizes the transfer of a total of $203,871 from Code Budget Lines A3620-510000- Personnel Services in the amount of $122,391, and A3620- 510301 - Part time in the amount of $81,480 to Fire Department Budget Line A3410-510000- Personnel Services.

Agenda Item #7 - Adopt Ethics Policy

  • WHEREAS, officers and employees of the city of Cortland 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, no member of the public was present to speak at the public hearing; 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.

Agenda Item #8 - Appoint Member to Wastewater Treatment Board

  • WHEREAS, in accordance with the Cortland City Charter, Article XVII §C17-3, there shall be a Wastewater Treatment Board consisting of five members who shall be appointed by the Mayor with confirmation by the Common Council; AND
  • WHEREAS, the members shall serve three year terms with no compensation, except the Common Council may authorize reimbursement of expenses; AND
  • WHEREAS, there is currently one vacancy on said board effective February 1, 2022; AND
  • WHEREAS, the Mayor has nominated Diann Potter to the Wastewater Treatment Board for a term expiring January 31, 2025, the same having served on said board through January 31, 2022; NOW, THEREFORE BE IT
  • RESOLVED, that the Common Council does hereby affirm the appointment of Diann Potter of 7 Brook Drive, Cortland, New York 13045 to the Wastewater Treatment Board for a term expiring January 31, 2025, and effective once certified by the Cortland City Clerk.

Agenda Item #9 - To 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.

Agenda Item #10 - Authorize Local Law to Regulate the Location of Retail Dispensaries of Cannabis and Cannabis-Related Products

  • WHEREAS, the state of New York has authorized the opening of retail dispensaries of cannabis and cannabis-related products; AND
  • WHEREAS, the city desires to regulate the location of retail dispensaries of cannabis and cannabis-related products, also known as “head shops” to the GB-1 zoning district; AND
  • WHEREAS, “head shops” shall be defined as a retail establishment that offers for sale, use or displays paraphernalia or items designated or marketed for use with tobacco products, inhalants commonly referred to as “vaping products” and inclusive of e-cigarettes, marijuana, or controlled substances, a cannabis dispensary, or anything similar in use; AND
  • WHERAS, this definition shall be added to the city of Cortland Code section 300-4; NOW, THEREFORE, BE IT
  • RESOLVED, that the city of Cortland enacts a local law amending the city of Cortland Code section 300-32 to allow retail dispensaries of cannabis and cannabis-related products, known as “head shops,” in district GB-1; AND BE IT FURTHER
  • RESOLVED, that said local law shall also provide that head shops shall be designated as a prohibited use in all other districts.

Discussion Items

  • Redistricting committee
  • Monthly Common Council meetings and city Charter change