Cortland Common Council Agenda: July 5th, 2022

(Photo Source: Kevin L. Smith/The Cortland Voice).

Here is the agenda for Tuesday’s (July 5th, 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 Hearing

  • Proposed Local Law No. 5 of 2022 to Create a Nuisance Animal and Pest Removal Assistance Program

Call to Order

  • Roll Call
  • Salute to the Flag
  • Moment of silence/reflection
  • Privilege of the floor
  • Mayor’s report
  • Ward Reports
  • Finance Report
  • Approval of Minutes

Supporting Documents

Financial Documents

Resolutions

Agenda Item #1 - Approve Special Event and Related Permits for The Great Cortland Pumpkinfest

  • WHEREAS, The Great Cortland Pumpkinfest organizers have submitted a Special Event Application for the purposes of holding a festival in Courthouse Park on October 1 -2, 2022; AND
  • WHEREAS, organizers have submitted a Sound Device Permit Application for the event; AND
  • WHEREAS, organizers have submitted an Operating Permit Application for an occupant load of more than 100 persons; AND
  • WHEREAS, organizers have submitted a Street Banner Application; AND
  • WHEREAS, organizers have submitted a Street Closure Application requesting the closure of Greenbush Street between Port Watson Street and Central Avenue for the period of 8:00 a.m. October 1, 2022 to 5:00 p.m. October 2, 2022; AND
  • WHEREAS, the Police Department, Fire Department and City Clerk’s Office have reviewed applicable aspects of these permit applications and recommended their approval; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby approve a Special Event Permit, a Sound Device Permit without fee, an Operating Permit, and a Street Closure request for The Great Cortland Pumpkinfest to be held on October 1 and October 2, 2022.

Agenda Item #2 - Approve Special Event and Related Permits for Dark Horse Tavern

  • WHEREAS, an owner of the Dark Horse Tavern has submitted a Special Event Application for the purposes of holding an outdoor anniversary celebration from Noon to 8:00 p.m. on July 15, 2022; AND
  • WHEREAS, organizers have submitted a Sound Device Permit Application to host a band during the event; AND
  • WHEREAS, organizers have submitted a Street Closure Application requesting the closure of Clayton Avenue between Main Street and the rear of the Dark Horse Tavern from Noon to 8:00 p.m.; AND
  • WHEREAS, the Police Department, Fire Department and City Clerk’s Office have reviewed applicable aspects of these permit applications and recommended their approval; AND
  • WHEREAS, alcohol is only allowed on private property, and all state and city alcohol laws still apply during street closings; AND
  • WHEREAS, a street closing does not permit nor does it allow the sale of alcohol or the consumption of alcohol on public property or by persons younger than 21 years of age; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby approve a Special Event Permit, a Sound Device Permit, and a Street Closure request for the Dark Horse Tavern to be held from Noon to 8:00 p.m. on July 15, 2022.

Agenda Item #3 - Authorize Additional Sidewalk Funds for the City’s 2022 Sidewalk Program

  • WHEREAS, many of the City of Cortland’s sidewalks are old and deteriorated; AND
  • WHEREAS, the City has provided funds to assist homeowners with a portion of the cost of sidewalk repairs and replacements since 2001 to ensure pedestrian safety; AND
  • WHEREAS, the City committed $20,000 to the 2022 Sidewalk Program, which is now fully committed, due, in part, to an increase in the assistance available in recognition of the increased costs of labor and materials over the past several years; AND
  • WHEREAS, the City received requests exceeding $10,000 for sidewalk work after the original funds were committed, which applications have been wait-listed due to the lack of additional funds, and further has several additional applications outstanding; NOW, THEREFORE, BE IT
  • RESOLVED, that the City does hereby appropriate up to an additional $20,000 for the 2022 Sidewalk Program to address the need identified by its citizens for safer walkways in the City.

Agenda Item #4 - Authorize a Mortgage Subordination and Agreement

  • WHEREAS, the City of Cortland (the “City) provided assistance to a City resident (the “resident”) for the rehabilitation of a property in which she resides, which included both a direct loan and deferred loan; AND
  • WHEREAS, said resident gave a mortgage to the City in the amount of the assistance provided for the rehabilitation of the subject property; AND
  • WHEREAS, said resident applied to refinance her mortgage at a lower rate and for funds to provide upgrades to the property in 2020, requiring a subordination by the City, which was approved by the City in 2020; AND
  • WHEREAS, the resident is now seeking a second subordination in order the secure a Home Equity Line of Credit (HELOC) to do repairs to her garage, minor interior improvements, and to pay certain debts; AND
  • WHEREAS, the resident paid off the direct loan portion of the overall assistance, but the deferred loan portion of the resident’s obligation to the City in the approximately amount of $1,100 is still due; AND
  • WHEREAS, the City’s Loan Committee reviewed the facts of this subordination request and hereby makes a recommendation to the City’s Common Council that the Council approve the request; NOW, THEREFORE, BE IT
  • RESOLVED that the City of Cortland subordinates, for a second time, its mortgage instrument #2016-02801 recorded on June 8, 2016 with the Cortland County Clerk, said subordination to facilitate a Home Equity Line of Credit with CFCU in the maximum amount of $40,000 for said resident, and further authorizes Mayor Scott Steve to sign a subordination agreement for the same.

Agenda Item #5 - Authorize Contract with Carter’s Tree Service for the 2022 City of Cortland Tree and Stump Removal Project

  • WHEREAS, the City of Cortland has made a commitment to urban forest management; AND
  • WHEREAS, The City of Cortland Department of Public Works (DPW) put forth a request for proposal for the removal of trees and stumps; AND
  • WHEREAS, the project would have a great benefit to the community and its general safety; AND
  • WHEREAS, Carter’s Tree Service will furnish all labor (including traffic control), materials, equipment, and tools necessary to remove numerous street trees in various locations outlined by the City of Cortland DPW staff and a certified Arborist; AND
  • WHEREAS, this project will include the removal and disposal of all debris and stumps, and restoration of all disturbed areas for the amount of $19,500.00; NOW, THEREFORE, BE IT
  • RESOLVED that the Common Council does hereby authorize the Mayor to execute a contract with Carter’s Tree Service in the amount of $19,500.00 for the removal of trees, stumps and debris to commence in the next 60 days.

Agenda Item #6 - Authorize Homer Avenue Infrastructure Upgrades Grant Applications

  • WHEREAS, the City of Cortland intends to file applications for grant funding for Homer Avenue infrastructure upgrades to multiple agencies; AND
  • WHEREAS, funds for the program will be requested from the Green Innovation Grant Program, Local Waterfront Revitalization Program, and the Water Quality Improvement Program; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is hereby authorized and directed to file an application for funds from the New York State Consolidated Funding process for Homer Avenue Infrastructure Improvements and upon approval of said request to enter into and execute a grant agreements with the State for financial assistance to the City of Cortland, and, if appropriate, take actions necessary to implement the proposed grant project upon approval from the State.

Agenda Item #7 - Authorize Submission of a Climate Smart Grant for Homer Avenue Infrastructure Upgrades

  • WHEREAS, the City of Cortland intends to file a Climate Smart Grant application for Homer Avenue infrastructure upgrades; AND
  • WHEREAS, funds for the program will be requested from the New York State Department of Environmental Common Council Agenda July 5, 2022 Page 4 of 10 Conservation (NYSDEC) Climate Smart Program and require the authorization of a 50% match; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council authorizes the submission for a grant request in the amount of $2 million dollars and a local match of $2 million; AND BE IT FURTHER
  • RESOLVED, that the Mayor is hereby authorized and directed to file an application for funds from the New York State Climate Smart Grant for $4 million total project cost, and upon approval of said request to enter into and execute a grant agreement with the State for financial assistance to the City of Cortland, and, if appropriate, take actions necessary to implement the proposed grant project upon approval from the State.

Agenda Item #8 - Certified Resolution for Local Government Efficiency Grant

  • WHEREAS, Cortland County intends to be the lead-applicant on a Local Government Efficiency Grant with the City of Cortland, Village of McGraw and the Town of Cortlandville; AND
  • WHEREAS, funds for the program will be requested from the Department of State in the form of a grant through the 2022 Consolidated Funding Application process; AND
  • WHEREAS, if award the City of Cortland intends to enter a Memorandum of Understanding with the County of Cortland, Village of McGraw and the Town of Cortlandville to pursue a Landfill Leachate Pipeline to provide a substantial saving the residents of the county and each co-applicant; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is hereby authorized and directed to submit as a co-applicant with Cortland County for funds, and upon approval of said request to enter into a Memorandum of Understanding with Cortland County, and, if appropriate, take actions necessary to implement the proposed grant project upon approval from the State.

Agenda Item #9 - Appoint Member to the City Environmental Advisory Committee

  • WHEREAS, the Environmental Advisory Committee has been established by Chapter 10 Article II of the City Code; AND
  • WHEREAS, membership is established at not less than five and not more than seven members: AND
  • WHEREAS, there are currently four members serving on the Environmental Advisory Committee; NOW, THEREFORE, BE IT
  • RESOLVED, that Steven Broyles is hereby appointed by the Common Council as a member of the City of Cortland Environmental Advisory Committee.

Agenda Item #10 - Approve Local Law No. 5 of 2022 to Create a Nuisance Animal and Pest Removal Assistance Program

  • WHEREAS, the Common Council appropriated funds in the amount of Five Thousand Dollars ($5,000.00) in the City of Cortland’s 2022 budget to provide assistance to residents for the removal of nuisance animals and pests; AND
  • WHEREAS, the Common Council held a public hearing on a proposed local law that would create a nuisance animal and pest removal assistance program which would pay fifty percent of the cost for such removal; NOW, THEREFORE, BE IT
  • RESOLVED, that the appropriated funds shall be transferred to the City of Cortland Code Enforcement Office’s contractor budget line A3620 – 541505; AND BE IT FURTHER
  • RESOLVED, that the Common Council hereby adopts Local Law No. 5 of 2022 titled Amendment of Chapter §74 Creating Nuisance Animal Assistance Removal Guidelines and Removal Assistance Program; AND BE IT FURTHER
  • RESOLVED, that the text of the Local Law shall read as follows:

LOCAL LAW NO. 5 OF THE YEAR 2022

“AMENDMENT OF CHAPTER §74 CREATING NUISANCE ANIMAL ASSISTANCE REMOVAL GUIDELINES AND REMOVAL ASSISTANCE PROGRAM”

Chapter 74 – Animals Article IV.

Article IV. Removal of Nuisance Animals

§74-30. Definitions.

  • As used in the article, the following words shall have the following respective meanings:
  • CONTRACTOR – City of Cortland designated contractor for the removal of nuisance animals and the abatement of nuisance animal harborage.
  • HARBOR/HARBORAGE – Holes, dens, burrows, vegetation, debris, food “stuffs” that attract, provide residence for and sustenance to nuisance animals.
  • NUISANCE ANIMAL - Woodchucks, skunks, rabbits, raccoons, rodents, possums, vermin.

§74-31. Purpose

  • The purpose of this article is to 1) provide financial assistance, upon application, to City of Cortland residents, who require removal of nuisance animals as defined by in §74-31, and hire the contractor to aid in such removal; and 2) enact the requirement for residents to abate harbor of such nuisance animals.

§74-32. Financial Assistance.

  • Upon an approved application by a resident of the City of Cortland, the City will provide financial assistance in an amount that is equal to fifty percent (50%) of the total amount billed by the contractor for services rendered; provided, however that the amount of financial assistance shall not exceed a total of two hundred dollars ($200.00).
  • The contractor shall invoice the City directly for services rendered, and the City will thereafter seek payment from the resident for the resident’s portion as outlined herein.

§74-33. Applicability.

  • This article shall apply to owner occupied properties within the City of Cortland.
  • A resident/property owner shall be limited to one claim for financial assistance per calendar year.
  • Verification/proof of harbor abatement shall be required for financial assistance.

§74-34. Abatement of Harbor and Failure Thereof.

  • Failure to remove the nuisance animal harborage within thirty (30) days of application for reimbursement shall result in a levy of all associated fees incurred by the City against the property, and may further subject the resident/owner to possible violation of New York State Property Maintenance Code §302.5. Rodent Harborage, and the associated penalties therewith.
  • Compliance with the abatement provisions of this article is required of all residents and property owners facing nuisance animals, whether or not approved for financial assistance as provided in this article, and noncompliance may subject the said resident/property owner to the related penalties outlined in New York State Executive Law Chapter 18 – Article 18. §382.

Section 2. Separability.

  • If any part of provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Common Council of the City of Cortland hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 3. Findings.

  • All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 4 Effective Date.

  • This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Agenda Item #11 - Authorize Nuisance Animal Removal and Harborage Abatement Services Contract

  • WHEREAS, the City of Cortland is desirous to assist City residents with the removal of nuisance animals, and the Common Council has appropriated funds in the 2022 budget to facilitate the same; AND
  • WHEREAS, the City intends to designate one contractor to provide nuisance animal removal and harborage abatement services in an effort to ensure compliance with New York State licensing requirements for such removal and harborage abatement services; AND
  • WHEREAS, Local Law No. 5 of 2022 allows residents to apply for reimbursement of a portion of the fees associated with removal and abatement services, a condition of which shall be utilizing the City approved and designated, licensed nuisance animal removal professional; AND
  • WHEREAS, the City of Cortland Code Enforcement Office put forth a Request for Proposals (“RFP”) for nuisance animal removal and abatement services seeking professionals with the requisite license to carry out such services; AND
  • WHEREAS, the City received one response to the RFP from Sweeney’s Pest Elimination, LLC (“Sweeney’s”); AND
  • WHEREAS, the City reviewed Sweeney’s response and has determined that it is acceptable, while also confirming that Sweeney’s possesses the necessary licensing to perform nuisance animal removal services as required by New York State; NOW, THEREFORE, BE IT
  • RESOLVED, that the City designates Sweeney’s Pest Elimination, LLC as the contractor under Local Law No. 5 of 2022; AND BE IT FURTHER
  • RESOLVED, that the City authorizes the Mayor to enter into a one-year contract with Sweeney’s Pest Removal Services, LLC to perform the nuisance animal removal and harborage abatement services associated with the nuisance animal removal assistance program.

Agenda Item #12 - Fire Apparatus Purchase

  • WHEREAS, the City of Cortland Fire Department has implemented an apparatus replacement schedule considering recommended NFPA Standards, current use and life expectancy, regular and unanticipated repair costs and apparatus value at the end of service life; AND
  • WHEREAS, there is need for replacement of the 1998 Fire Engine (#202) which is 25 years of age and is slightly behind its recommended replacement; AND
  • WHEREAS, the manufacturer of this fire engine is no longer in business and replacement parts are not as readily available; AND
  • WHEREAS, in anticipation of potential replacement, fire department members were tasked with reviewing specifications currently in place for replacement of this engine considering current needs and standardization of apparatus; AND
  • WHEREAS, initial estimates for this replacement are $787,000 with a 490 day build out for delivery; AND
  • WHEREAS, a fire engine meeting many of the specifications is already built as a “Demo Unit” and is ready for immediate delivery with a cost of $599,000, representing a total base price savings of $188,000; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council authorizes the Mayor to execute a contract with Premier Fire Apparatus, Inc., representing E-ONE manufacturing, for the purchase of one (1) E-One Custom Typhoon Stainless Steel Fire pumper apparatus with a 1500 GPM pump and 1030 gallon tank equipped with a 450 horsepower Cummins motor (SO #145041) for the base price of $599,000 with required modifications included to be $50,0000.00 for a total of $ 649,000.00; AND BE IT FURTHER
  • RESOLVED, that the Mayor is hereby authorized to execute a municipal equipment bond to cover above costs.

Agenda Item #13 - Surplus of Fire Department Equipment

  • WHEREAS, the City of Cortland Fire Department acquires equipment to provide service to the residents of Cortland; AND
  • WHEREAS, said equipment has an estimated useful life that depends on recognized standards, frequency of use, and various levels of condition; AND
  • WHEREAS, at the end of serviceable life and functional need to the Fire Department and City, equipment is removed from service and required to be advertised appropriately for surplus; AND
  • WHEREAS, the sale of surplus equipment will generate income that can be reinvested to assist in offsetting future purchases of equipment needed by the department; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council authorizes the following equipment currently in possession and use by the Fire Department to be designated as surplus and authorizes the Fire Chief to advertise said equipment in appropriate manner as surplus and available for sale; AND BE IT FURTHER
  • RESOLVED, that the City of Cortland Common Council authorizes any revenue generated from the sale of this surplus equipment be transferred into the Fire Department Budget line A3410-540700 –Equipment Repair for future use by the Department.

Agenda Item #14 - Authorize Letter in Support of YWCA Historic Building Renovation Grant Application

  • WHEREAS, the YWCA Cortland is attempting to undertake the renovation of the historic section of its 14 Clayton Avenue property, built in 1869 and known as the Randall building; AND
  • WHEREAS, extensive repairs of water and structural damage are needed to conserve this building and maintain its functionality and beauty; AND
  • WHEREAS, the YWCA Cortland intends to submit a grant application to the New York State Office of Parks, Recreation and Historic Preservation and has asked the City of Cortland to write a letter in support; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is authorized to write a letter in support of the YWCA Cortland’s grant application to the New York State Office of Parks, Recreation and Historic Preservation and other potential funding sources.

Agenda Item #15 - Proposal to Explore City of Cortland Revolving Loan Fund – Sewer/Storm Lateral Repair, Water Service Repair, and/or Sidewalk Replacement Program

  • WHEREAS, the City of Cortland intends to provide a benefit to City residents and property owners who desire assistance with the costs associated with sewer/storm lateral repair, water service repair, including backflows, as well as sidewalk replacement; AND
  • WHEREAS, the City recognizes that the financial commitment to engage in such repairs and/or replacement is significant; AND
  • WHEREAS, the City also recognizes the importance of sewer/storm lateral repair, water service repair, including backflows, as well as sidewalk replacement for its residents and property owners, regardless of financial status for said residents and property owners; AND
  • WHEREAS, the City proposes to fund sewer/storm lateral repair, water service repair, including backflows, as well as sidewalk replacement for its residents and property owners, upon application and approval; AND
  • WHEREAS, the City proposes that the cost incurred shall be placed on the property owner’s tax bill and paid over a five-year period at 6%; AND
  • WHEREAS the City intends to define eligibility requirements for participation in this prospective revolving loan fund, that shall include, but not be limited to any applicant must be current with taxes on all properties owned in the City; NOW, THEREFORE, BE IT
  • RESOLVED, that the City shall hold a public hearing at the next scheduled Common Council meeting, or as soon thereafter to discuss the details of a local law that will provide local residents with the benefit of a revolving loan fund, the creation of which is necessary to allow for such a program to be facilitated through property tax collection.

Agenda Item #16 - Appropriate Annual Cortland City Police Bike Sale Proceeds

  • WHEREAS, the Cortland City Police Department annually comes into possession of dozens of discarded bicycles, which remain unclaimed by owners; AND
  • WHEREAS, the Cortland City Police Department has limited space to store these bicycles; AND
  • WHEREAS, the Cortland City Police Department annually sells these bicycles at a minimal cost in a public sale to place the bicycles back in public use, while reducing the number of bicycles requiring storage; AND
  • WHEREAS, the funds generated from these sales are donated to a worthy cause which benefits the public; AND
  • WHEREAS, the Cortland City Police Department held the annual bicycle sale on Saturday, June 25, 2022 from 8:00 AM to 10:00 AM and placed 30 bicycles back into public use, raising $805.00; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby affirm the funds from the above noted bicycle sale can be divided equally between the Water Works Deer Fund, for purchase of winter hay, and the Cortland Youth Bureau, for the purchase of ice cream, which will be handed out to citizens throughout the parks over the summer as part of a joint Cortland City Police Department and Cortland City Youth Bureau Community Engagement effort.

Agenda Item #17 - Authorize Credit Card Accounts for Use by the Youth Bureau 

  • WHEREAS, the Cortland Youth Bureau desires to establish a new credit card account with Tompkins Trust Company, located at 36 Main Street Cortland, New York, for the purpose of conducting department purchases when payment is required to be made via credit card, and/or the normal procedure of obtaining a purchase order is not feasible; AND
  • WHEREAS, the Cortland Youth Bureau has been utilizing a credit card account for several years without incident through another financial institution; AND
  • WHEREAS, the Cortland Youth Bureau is simply changing from one vendor to another; AND
  • WHEREAS, the Cortland City Common Council adopted a credit card policy on August 3, 2021; AND
  • WHEREAS, said credit card policy allows credit card accounts to be established by departments with the approval of the Common Council; AND
  • WHEREAS, said credit card policy requires copies of all monthly credit card statements to be provided to the Common Council; NOW, THEREFORE, BE IT
  • RESOLVED, the Common Council does hereby grant authority for the Cortland Youth Bureau to establish a credit card account with Tompkins Trust Company to conduct department business when circumstances necessitate in compliance with the City’s credit card policy.

Agenda Item #18 - 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

  • Discussion Item # 1 - Director of Administration & Finance
  • Discussion Item # 2 - Parker School Ad Hoc Planning Committee
  • Discussion Item # 3 - Trash and Recycling Ad Hoc Advisory Committee
  • Discussion Item # 4- Town and Gown Ad Hoc Planning Committee
  • Discussion Item # 5 - Conifer Park Tax Certiorari Suit/Settlement