Cortland Common Council Agenda: March 15th, 2022

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

Here is the agenda for Tuesday's (March 15th, 2022) Cortland Common Council meeting. The meeting will take place at City Hall (25 Cortland Street, Cortland NY 13045) at 6pm. According to the City of Cortland website, the meeting will be live streamed Via Zoom video.

Here is the Zoom Meeting ID: 923 566 4700

Agenda

Public Hearings

  • Public Hearing on Local Law Rescinding Local Law No. 8 of 2021 and Adopting a New Local Law Relating to Authorizing Zoning Change from R-2 to GB-2 for Tax Map Parcel #87.53-03-16.200

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 15, 2022
  • Resolutions

Supporting Documents

Resolutions

Agenda Item #1 – Authorize Wage Adjustment for SEIU Employees

  • WHEREAS, the City of Cortland’s contract with the Wastewater Treatment Department’s Pipeline Workers of America (PWOA) collective bargaining unit provides for a 2.1% wage increase effective January 1, 2022;
  • AND WHEREAS, the city’s contract with Service Employees International Union (SEIU) Local 200United provides that in the event the city and either the Wastewater Treatment union or CSEA collective bargaining units agree to a wage increase for a percentage higher than 2%, the city will automatically increase SEIU employee wages to match an increase above 2% for a period ending December 31, 2024; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby authorize necessary payroll allocations for the purpose of a 0.1% wage increase for employees that are part of the Service Employees International Union (SEIU) Local 200United collective bargaining unit retrospective to January 1, 2022.

Agenda Item #2 – Authorize Agreement to Transition Medicare Eligible Retirees to a City-Sponsored Group Medicare Advantage Plan

  • WHEREAS, it is common practice for public entities in New York State and the nation to sponsor a Group Medicare Advantage Plan for their Medicare eligible retirees; AND
  • WHEREAS, Medicare pays into Group Medicare Advantage Plans an amount that covers Part A & B costs of beneficiaries, and pays a separate amount if prescription drug coverage is provided as part of the Group Medicare Advantage Plan, allowing premiums for Group Medicare Advantage Plans to be substantially lower compared to commercial health insurance plans; AND
  • WHEREAS, the currently provided commercial health insurance plan includes a deductible and co-insurance arrangement, and Medicare eligible retirees can save on their out-of-pocket costs by participating in a Group Medicare Advantage Plan whereby no cost-sharing exists for Part A & B services; AND
  • WHEREAS, eligible retirees can save on their monthly contribution paid to the city toward their premium as Group Medicare Advantage Plan premiums would be approximately 70% lower than the current commercial health insurance plan; AND
  • WHEREAS, retirees can gain benefits such as hearing exams, hearing aids, eye exams, eyewear allowance, gym/fitness membership, acupuncture, non-emergency transportation, meals after in-patient hospital stays, etc., whereby those benefits are not enjoyed with the current health insurance plan; AND
  • WHEREAS, prescription drug co-pays are $10/$25/$40 under the current health insurance plan and would be $9/$25/$40 under proposed plan; AND
  • WHEREAS, the city currently has nine retirees who are reimbursed differences between $2/$5 co-pays and $10/$25/$40 co-pays, and the city would no longer need to provide reimbursements as the Group Medicare Advantage Plans can match the co-pay structure required for this specific group of Medicare eligible retirees; AND
  • WHERAS, the city can achieve approximately $1.4 million in savings and also increase savings to eligible retirees by eliminating deductible and co-insurance cost-sharing on Part A & B services and by lowering the Medicare eligible retirees’ monthly contribution to the city; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council wishes to provide quality and affordable health insurance to city retirees while doing so in a manner that saves costs to the city and its retirees by transitioning Medicare eligible city retirees to a city-sponsored Group Medicare Advantage Plan; AND BE IT FURTHER
  • RESOLVED, that the Mayor is hereby authorized to enter into an agreement with Haylor, Freyer & Coon Inc. for the purpose of transitioning Medicare eligible city retirees to a city-sponsored Group Medicare Advantage Plan.

Agenda Item #3 – Authorize Agreement Relating to Collection of Delinquent Real Property Taxes

  • WHEREAS, the City of Cortland is required by statute to commence a proceeding for the collection of delinquent real property taxes pursuant to New York Real Property Tax Law Article 11; AND
  • WHEREAS, the City of Cortland wishes to undertake efforts and procedures intended to identify and notify relevant parties in interest above and beyond the statutory efforts and procedures mandated by Article 11; AND
  • WHEREAS, the City of Cortland desires representation, counsel and assistance in conducting the tax enforcement proceedings; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is authorized to sign an agreement with Phillips Lytle LLP for representation, counsel and assistance in conducting tax enforcement proceedings for the sum of $458.00 for each parcel referred for foreclosure, along with miscellaneous charges for legal filings, publication of public notices, and mailings.

Agenda Item #4 – Authorize Contract Amendment for Clinton Avenue Phase III Streetscape Project

  • WHEREAS, the City of Cortland desires to continue and complete the ongoing Clinton Avenue Phase III Streetscape Project; AND
  • WHEREAS, there is a need for additional services to be provided through Contract Amendment No. 4 to the city’s Engineering Services Agreement with Bernier, Carr & Associates, Engineers, Architects & Land Surveyors, PC; AND
  • WHEREAS, the additional services and expenses include providing an additional onsite Resident Project Representative, additional general expenses, Storm Water Pollution Prevention Plan (SWPPP) preparation and compliance, and adding the Washington Street water main for a total of $249,500.00 as outlined in the proposed amendment; AND
  • WHEREAS, there are unspent funds from the Environmental Facility Corporation (EFC) grant which are available to cover the costs of the contract amendment, which will result in no additional cost to the city: NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is hereby authorized to sign Amendment #4 to the Engineering Services Agreement with Bernier, Carr & Associates, Engineers, Architects & Land Surveyors, PC in the amount of $249,500.00 for the Clinton Avenue Phase III Streetscape Project;
  • RESOLVED, that the City of Cortland is authorized to accept and reallocate unspent Environmental Facility Corporation (EFC) grant funds to cover costs of contract Amendment #4 in the amount of $249,500.00 which will result in no additional cost to the city.

Agenda Item #5 – Authorize Indemnification Agreement with Cortland County Industrial Development Agency for Cleanup Activity at the Apex Site

  • WHEREAS, Cortland County Industrial Development Agency (CCIDA) has entered into an agreement of purchase and sale dated March 3, 2022 ("Purchase Contract") with Cort Holdings, LLC, a dissolved Wyoming limited liability company with an address of 720 Eagle View Court, Suite R, Mason, Ohio 45040 ("Owner"), to purchase 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 Purchase Contract provides for CCIDA to have access to the Property for the purpose of conducting cleanup activity, as defined in the Purchase Contract; AND
  • WHEREAS, the City has agreed to provide certain equipment and services in support of the cleanup activity, including trucks and drivers, for the purpose of hauling construction and demolition debris presently on the surface of the Property to a disposal facility approved to handle such waste (collectively "Services"); NOW, THEREFORE, BE IT
  • RESOLVED, the Common Council does hereby agree that the City of Cortland will hold CCIDA harmless and defend and indemnify Cortland County Industrial Development Agency (CCIDA) for any and all claims which may arise out of the City's performance of cleanup activity, including providing trucks and drivers, for the purpose of hauling construction and demolition debris presently on the surface of the property, located at 43-45-47 Cleveland Street, to a disposal facility; AND BE IT FURTHER
  • RESOLVED, the Common Council does hereby authorize the Mayor to execute an indemnification agreement, which has been provided to the Common Council and public, with CCIDA.

Agenda Item #6 – Appoint Members to the City Personnel Committee

  • WHEREAS, the Personnel Committee of the City of Cortland shall be responsible for advisement to the Common Council on matters relating to personnel policies and procedures, collective bargaining, compensation and benefits, staffing, organizational structure, employee relations and other matters pertaining to personnel which are charged to the Committee by the Common Council; AND
  • WHEREAS, the Personnel Committee shall be comprised of three Alderpersons appointed by the Mayor at the beginning of each term with confirmation by the Common Council; AND
  • WHEREAS, the Personnel Committee shall meet at least monthly with the meeting dates and times set by the Common Council; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby appoint Alderpersons Troy Beckwith, Thomas Michales and Mary Clare Pennello to the Personnel Committee for a term ending December 31, 2023; AND BE IT FURTHER
  • RESOLVED, that the Personnel Committee shall meet during the 2022-2023 term of office at 6:15 p.m. on the fourth Thursday of each month, or as otherwise scheduled and agreed to by each of the three members.

Agenda Item #7 – Appoint Members to the City Ethics Committee

  • WHEREAS, the City of Cortland Board of Ethics shall render advisory opinions to the officers and employees of the City of Cortland with respect to Article 18 of the General Municipal Law and the Code of Ethics adopted by the Common Council on February 15, 2022; AND
  • WHEREAS, the Board of Ethics shall consist of five (5) members, a majority of whom shall not be officers or employees of the municipality, but at least one of whom must be a municipal officer or employee; AND
  • WHEREAS, the members of the Board of Ethics shall be appointed by the Mayor, serve at the pleasure of the Mayor, and receive no salary or compensation for their services as members of the Board of Ethics; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby acknowledge the following appointments made by the Mayor to the Board of Ethics for a term ending December 31, 2022:
  1. Michael Bersani, 76 1/2 Hamlin Street, Cortland NY 13045
  2. Donald Colongeli, 18 Pomeroy Street, Cortland NY 13045
  3. Karen Leahy, 12 William Street Cortland, NY 13045
  4. Arthur John Meldrim, 74 Madison Street, Cortland NY 13045
  5. Garry L. VanGorder, 1 Harmony Circle Cortland, NY 13045

Agenda Item #8 – Appoint Members to the City Environmental Advisory Committee

  • WHEREAS, the City of Cortland Environmental Advisory Committee was established by resolution of the Common Council on December 1, 2009; AND
  • WHEREAS, the Committee shall consist of no fewer than five nor more than seven regular members; AND
  • WHEREAS, Committee members shall be City residents, and every effort shall be made to ensure representation of a broad cross-section of the community; AND
  • WHEREAS, vacancies shall be filled by appointment upon nomination by any member of the Common Council or the Environmental Advisory Committee and may be subject to confirmation by the Common Council; NOW, THEREFORE, BE IT
  • RESOLVED, that the following nominated persons are hereby confirmed by the Common Council as members of the City of Cortland Environmental Advisory Committee:
  1. Diane S. Chu, 41 Morningside Drive Cortland NY 13045
  2. Donald Chu, 41 Morningside Drive Cortland NY 13045
  3. Dr. Jeremy Jimenez, 19 Yong Street Cortland NY 13045
  4. Margaret Starr, 9 Ridgeview Drive Cortland NY 13045

Agenda Item #9 – Authorize Contract Amendment with NYS Department of Environmental Conservation for Cortland Food Project Rescue & Waste Prevention

  • WHEREAS, the City of Cortland has a contract, number DEC01-C00994GG-3350000, with New York State Department of Environmental Conservation (NYSDEC) to fund a project designed to identify, rescue and reuse wholesome food to alleviate food insecurity in the greater Cortland area; AND
  • WHEREAS, the city has partnered with Seven Valleys Health Coalition to execute this project as a subcontractor; AND
  • WHEREAS, Seven Valleys Health Coalition has identified property that can be leased to improve the services rendered under the contract; AND
  • WHEREAS, leasing said property constitutes a material change in the budget and work plan terms of the contract with NYSDEC; AND
  • WHEREAS, NYSDEC has considered the requested contract changes and amended the contract to include said changes; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby authorize the Mayor to sign an amended contract with New York State Department of Environmental Conservation for a project designed to identify, rescue and reuse wholesome food to alleviate food insecurity in the greater Cortland area.

Agenda Item #10 – 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 #11 – Landscape Architecture and Engineering Design Services for Randall Park

  • WHEREAS, in February of 2022, Saratoga Associates prepared a proposal per a Request for Proposal for Landscape Architect, Engineering and Design Services for the renovation of Randall Park; AND
  • WHEREAS, the Cortland Youth Bureau staff, Commission Members and City Council members from 8th & 5th Wards reviewed the submitted proposals and performed in person interviews with three qualified firms; AND
  • WHEREAS, the firm Saratoga Associates, Landscape Architects, Architects, Engineers and planners, of 21 Congress Street, Saratoga Springs, NY 12866 was selected by city representatives to conduct design work for phase I planning in an amount not to exceed $35,598.00; NOW, THEREFORE, BE IT
  • RESOLVED that the Common Council does hereby authorize the Mayor to enter into an agreement with Saratoga Associates to complete Randall Park Renovation design work for phase I planning in an amount not to exceed $35,598.00 as budgeted through federal COVID-19 relief funds.

Agenda Item #12 – Rescind Local Law No. 8 of 2021 and Adopt Local Law Relating to Authorizing Zoning Change

  • WHEREAS, Local Law No. 8 of 2021, passed by the City of Cortland Common Council pursuant to Resolution No. 273 on October 19, 2021, zoned and designated the following property GB-1:

  • WHEREAS, Local Law No. 8 should have read that the property was being zoned to GB-2, AND
  • WHEREAS, the Common Council approved Resolution No. 20 of 2022 titled “Rescind Resolution #273 of 2021 & Authorize Zoning Change from R-1 to GB-2 for Tax Map Parcel #87.53-03- 16.200”; AND
  • WHEREAS, a public hearing was held on March 15, 2022 on a proposed local law which would rescind Local Law No. 8 of 2021 and adopt a local law authorizing the rezoning of tax map parcel #87.53-03-16.200 located on River Street in the City of Cortland to GB-2; NOW, THEREFORE, IT BE
  • RESOLVED, that Local Law No. 8 of 2021 is hereby rescinded, AND, BE IT FURTHER
  • RESOLVED that the Common Council hereby adopts a Local Law authorizing the rezoning of tax map parcel #87.53-03-16.200 located on River Street in the City of Cortland to GB-2 subject to all regulations created and established relative to said district.

Agenda Item #13 – Authorize and Deem 72-74 Floral Avenue as a Two-Family Dwelling

  • WHEREAS, Section 300-4 of the Code of the City of Cortland defines a two-family dwelling as “A building of two dwelling units, with common walls and/or floors. It may or may not have a direct entrance from the outside to each dwelling unit”; AND
  • WHEREAS, 72-74 Floral Avenue in the City of Cortland is a side-by side- duplex which meets this definition; AND
  • WHEREAS, this property was constructed as a two-family dwelling, is indicated on sale agreements as a two-family home, classified on the real property tax website as a two-family home, indicated on an abstract of title as a two-family home; AND
  • WHEREAS, neighboring residents have signed a petition indicating their support for changing the status of 72-74 Floral Avenue to a two-family home; AND
  • WHEREAS; changing the designation of 72-74 Floral Avenue from a one-family to a two-family dwelling does not alter or effect the character of the neighborhood; NOW, THEREFORE, BE IT
  • RESOLVED, that 72-74 Floral Avenue in the City of Cortland is hereby authorized as and deemed to be a two-family dwelling.