City of Cortland Common Council. (Photo from The Cortland Voice's photo files).
Here is the agenda for Tuesday’s (July 19th, 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 City of Cortland Revolving Loan Fund Programs – Sewer/Storm/Water Service Repair/Replacement Program, and Sidewalk Repair/Replacement Program
Call to Order
- Roll Call
- Salute to the Flag
- Moment of silence/reflection
- Privilege of the floor
- Mayor’s report
- Ward Reports
- Approval of Minutes
Supporting Documents
Resolutions
Agenda Item #1 - Authorize City of Cortland Revolving Loan Fund Programs – Sewer/Storm/Water Service Repair/Replacement Program, and Sidewalk Repair/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 desires to fund sewer/storm lateral repair, water service repair, including backflows, as well as sidewalk repair as a loan for its residents and property owners, upon application and approval; AND
- WHEREAS, the City proposes that the costs incurred for any funds disbursed or utilized under these programs shall be placed on the property owner’s tax bill and paid over a five-year period at 6% interest; NOW, THEREFORE, BE IT
- RESOLVED, that the City of Cortland Revolving Loan Fund Program for Sewer/Storm/Water Repair/Replacement and the City of Cortland Revolving Loan Fund Program for Sidewalk Repair/Replacement are hereby approved and authorized, and said programs shall take effect upon the release of respective program applications and associated documentation; AND BE IT FURTHER
- RESOLVED, that the City reserves the right to amend any components of either program, as necessary, with Council approval, to ensure successful implementation and participation.
Agenda Item #2 - Authorize Special Event Permit for Empire State Challenge 4 Mile Race
- WHEREAS, organizers have submitted a Special Event Application for the purposes of holding the Empire State Challenge 4 Mile Race to be held on July 30, 2022 from 10:00 a.m. to 10:30 a.m.; AND
- WHEREAS, organizers have requested the closure of Broadway from Warren Street to Pashley drive for a ten minute period during the event; AND
- WHEREAS, the Police 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 including street closure for the Empire State Challenge 4 Mile Race to be to be held on July 30, 2022 from 10:00 a.m. to 10:30 a.m.
Agenda Item #3 - Appoint Records Retention Officer
- WHEREAS, the Common Council adopted the Retention and Disposition Schedule for New York Local Government Records (LGS-1 ) issued pursuant to Article 57-A of the Arts and Cultural Affairs Law on January 18, 2022; AND
- WHEREAS, Article 57-A of the Arts and Cultural Affairs Law requires that each local government have one officer who is designated as Records Management Officer and who shall coordinate and oversee a records retention program and shall coordinate legal disposition, including destruction of obsolete records; AND
- WHEREAS, there is a need to appoint a new Records Retention Officer; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council does hereby designate Carrie Lynch, Registrar in the Office of the City Clerk as Records Management Officer for the City of Cortland.
Agenda Item #4- Authorize Salary for the City Clerk
- WHEREAS, the duties of the City Clerk are enumerated in the City Charter and include recording proceedings of the Common Council and various boards and commissions, serving as the City’s Records Access Officer under Freedom of Information Law requirements, and maintaining a record of all City proceedings, local laws, ordinances, resolutions, rules, regulations, contracts and agreements; AND
- WHEREAS, additional duties assigned to the incumbent City Clerk under authority of the City Charter include preparing Common Council resolutions and agendas, publishing agendas, minutes and public notices on behalf of the Common Council and various boards and commissions, and ensuring that information is updated on the City’s website; AND
- WHEREAS, the incumbent City Clerk is performing these and other duties enumerated and authorized by the City Charter; AND
- WHEREAS, many duties of the City Clerk which are enumerated and authorized by the City Charter including preparing resolutions, agendas and minutes of the Common Council and various boards and commissions, serving as City Records Access Officer (FOIL), publishing notices, and ensuring that information is updated on the City’s website were delegated to other City employees during previous administrations; AND
- WHEREAS, employees other than the City Clerk were paid stipends under previous administrations totaling $15,000 for such duties that the incumbent City Clerk is performing; AND
- WHEREAS, the Common Council confirms that the aforementioned duties are to be performed by the City Clerk as prescribed by the City Charter; AND
- WHEREAS, the Common Council acknowledges that the City Clerk’s current budgeted salary of $5,000 is not commensurate with the aforementioned duties, nor in accord with that in comparable municipalities; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council authorizes the City Clerk to be paid $20,000, and that funds be transferred to the Office of the City Clerk budget line A1420-510000 Personal Services.
Agenda Item #5 - Authorize Application for Funding to Update the City’s Comprehensive Plan under the Smart Growth Grant Program through the Consolidated Funding Application Process
- WHEREAS, the City of Cortland is ready to update the comprehensive plan; AND
- WHEREAS, the city has completed most tasks in the previously adopted plan, requiring a community led process to determine a new set of goals; AND
- WHEREAS, New York’s consolidated funding application is offering funds through the Consolidated Funding Application Process this year for updating comprehensive plans; AND
- WHEREAS, the funding round is currently open with applications due July 29, 2022; NOW, THEREFORE, BE IT
- RESOLVED, that the City of Cortland authorizes Thoma Development to resubmit an application on the City’s behalf for funds through the Smart Growth Program to update the City’s comprehensive plan.
Agenda Item #6 - Authorize Application for 2022 Environmental Protection Fund Parks Development Grant for the Randall Park Improvements Project
- WHEREAS, the City of Cortland is applying for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under Title 9 of the Environmental Protection Act of 1993, for the purpose of funding the Randall Park Improvements Project; AND
- WHEREAS, the City of Cortland believes that Environmental Protection Fund Parks Development funding is necessary to complete the proposed park improvements; AND
- WHEREAS, the City of Cortland has determined that making the proposed improvements to Randall Park is in the best interest of the residents of the City of Cortland; NOW, THEREFORE, BE IT
- RESOLVED, that the City of Cortland is authorized and directed to accept Environmental Protection Fund Parks Development grant funds in an amount not to exceed $500,000 for the project described in the grant application; AND BE IT FURTHER
- RESOLVED, that City of Cortland is authorized and directed to agree to the terms and conditions of the Master Contract with New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) for such Randall Park Improvements Project; AND BE IT FURTHER
- RESOLVED, that the City of Cortland is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; AND BE IT FURTHER
- RESOLVED, that the Common Council delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the Mayor.
Agenda Item #7 - Authorize Mortgage Subordination and Agreement
- WHEREAS, the City of Cortland (the “City) provided assistance to City residents (the “residents”) for the rehabilitation of their property in which they reside under the City’s Middle Income Housing Repair Program, in the form of a life-time deferred loan; AND
- WHEREAS, said residents gave a mortgage to the City in the amount of the assistance provided for the repairs on the subject property, which do not reduce over the life time for the loan and carry a simple interest rate of 1% per annum due only at the time of sale; AND
- WHEREAS, the residents are seeking a subordination in order the secure a Home Equity Loan to pay high-interest debt and to make renovations to the interior of the house; 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 Common Council subordinates its mortgage instrument #2018-04485 recorded on August 7, 2018 with the Cortland County Clerk, said subordination to facilitate a Home Equity Loan with CFCU in the amount of $15,000.00 for said residents, and further authorizes the Mayor to sign a subordination agreement for the same.
Agenda Item #8 - Authorize Application for 2022 Water Quality Improvement Program Wastewater Treatment Improvement Grant for City of Cortland Wastewater Treatment Facility
- WHEREAS, the City of Cortland is applying for financial assistance from the New York State Department of Environmental Conservation (“DEC”), for the purpose of funding improvements for the Cortland Wastewater Treatment Facility; AND
- WHEREAS, the City of Cortland believes that DEC Water Quality Improvement Program (WQIP) funding is necessary to complete the proposed improvements to the Wastewater Treatment Facility to bring the system into compliance with the Chesapeake Bay Commission’s nitrogen and phosphorus removal requirements; AND
- WHEREAS, the City of Cortland has determined that making the proposed improvements to the Cortland Wastewater Treatment Facility is in the best interest of the residents of the City of Cortland; NOW, THEREFORE, BE IT
- RESOLVED, that the City of Cortland is authorized and directed apply for a Water Quality Improvement Program grant, and if approved to accept these grant funds in an amount not to exceed $5,000,000 for the proposed $6.68M project described in the grant application, with the City providing a 25% grant match; AND BE IT FURTHER
- RESOLVED, that City of Cortland is authorized and directed to agree to the terms and conditions of the Master Contract with the New York State Department of Environmental Conservation for such Cortland Wastewater Treatment Facility Improvements Project; AND BE IT FURTHER
- RESOLVED, that Common Council delegates signing authority to execute the Master Contract and any amendments thereto, and any other certifications to the Mayor.
Agenda Item #9 - Authorize Funds to Support Downtown Promotional Initiatives
- WHEREAS, the City of Cortland’s downtown is undergoing extensive repairs and renovations as part of New York State’s Downtown Revitalization Initiative; AND
- WHEREAS, the project will be transformative and once complete will improve and enhance Cortland’s downtown; AND
- WHEREAS, during the construction process the City is concerned with supporting existing downtown businesses that may experience temporary disruptions and may have difficulty servicing the public; AND
- WHEREAS, the City wishes to support those affected businesses during the construction process by providing financial support for promotional programs, events, and activities aimed at encouraging visitors to come downtown; NOW, THEREFORE, BE IT
- RESOLVED, that the City Council hereby authorizes the expenditure of up to $10,000 from account # _______ to support downtown promotional programs, events, and activities.
Agenda Item #10 - Authorize Memorandum of Understanding with the County of Cortland for City Court Space
- WHEREAS, In order to benefit all citizens of Cortland County and in order to assist in decreasing costs for the City of Cortland (“City”), the County of Cortland (“County”), and the State of New York; and in order to make accessibility to the Cortland City Court more convenient for all citizens, the City wishes to move its City Court operations from City Hall to the Cortland County Courthouse located at 46 Greenbush Street, Cortland NY; AND
- WHEREAS, the County agrees to provide within the Cortland County Courthouse for Cortland City Court; NOW, THEREFORE, BE IT
- RESOLVED, the Mayor is hereby authorized to execute a Memorandum of Understanding with the County of Cortland for relocation of the Cortland City Court to the Cortland County Courthouse.
Agenda Item #11 - Appoint Member to the 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, the term of John Busch, a member of the Environmental Advisory Committee, has expired; NOW, THEREFORE, BE IT
- RESOLVED, that John Busch is hereby reappointed by the Common Council as a member of the City of Cortland Environmental Advisory Committee.
Agenda Item #12 - Authorize Court Decision, Order, and Judgment directed Re-Assessment Stipulation of Settlement for Conifer Cortland, L.P. v. City of Cortland, Et al.
- WHEREAS, the Conifer Cortland, L.P. commenced litigation against the City of Cortland arguing violation of Real Property Tax Law Sec. 581-a; AND
- WHEREAS, Cortland City School District and the County of Cortland were included as Respondents along with the City; AND
- WHEREAS, the Supreme Court, State of New York, seated in Cortland County issued a Decision, Order and Judgment that found an error was made in determining the assessment of the subject premises for 2020 and ordered re-assessment of the same in light of the previous determination; AND
- WHEREAS, the parties have been in negotiation with the goal of reaching a fair and reasonable figure to satisfy the Court’s directive and as a means to avoid the potential for additional litigation as a result of the Court’s decision; AND
- WHEREAS, it appears all entities involved have reached an agreement relative to the subject premises, which requires the execution of a Stipulation by each; NOW, THEREFORE, BE IT
- RESOLVED, that the Mayor, or alternatively Corporation Counsel, is hereby authorized to execute a Stipulation as agreed by all parties named in the litigation, which shall provide an amended assessment of Conifer of Cortland Associates, L.P. property (Tax Map No.: 86.84-01-15.000) consistent with the parameters required in the applicable Real Property Tax Law sections, as ordered by the Court.
Agenda Item #13 - Authorize Alcoholic Beverage Consumption During Arts Off Main Event
- WHEREAS, the Arts Off Main organizers have submitted a Special Event Application to the Cortland Common Council on May 17, 2022; AND
- WHEREAS, the Cortland Common Council has approved the Special Event Application for this event; AND
- WHEREAS, the Arts Off Main event will be held in Central Avenue parking lot on August 6, 2022 during the period of 10:00 a.m. to 4:00 p.m.; AND
- WHEREAS, the organizers of the event wish to have a petitioned area for the sale and consumption of alcoholic beverages during the event; AND
- WHEREAS, the Mayor and Common Council are desirous of having more events and public gatherings in the downtown area to promote the City of Cortland and the downtown businesses; AND WHEREAS, the City of Cortland has an ordinance prohibiting the possession or consumption of alcoholic beverages in public places, Section 208-2; AND
- WHEREAS, the Cortland City Police have reviewed the Special Event Application for Arts Off Main and having no issue with the organizers operation of a petitioned area for alcohol sale and possession; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council does hereby grant permission for a petitioned area for the sale and consumption of alcoholic beverages, conditioned on sales being made by a caterer with approved permits to sell alcohol, at the Arts Off Main and excuses the Cortland City Police Department from enforcing Section 208-2 “Consumption or Possession of Alcoholic Beverages in Public” within the petitioned area at this event.
Agenda Item #14 - Authorize Alcoholic Beverage Consumption During The Great Cortland Pumpkinfest
- WHEREAS, the Great Cortland Pumpkinfest organizers have submitted a Special Event Application to the Cortland Common Council on June 5, 2022; AND
- WHEREAS, the Cortland Common Council has approved the Special Event Application for this event; AND
- WHEREAS, the Great Cortland Pumpkinfest will be held in Courthouse Park on October 1-2, 2022 during the period of 8:00 AM-5:00 PM; AND
- WHEREAS, the organizers of the event wish to have a section petitioned area for the sale and consumption of alcoholic beverages during the event; AND
- WHEREAS, the Mayor and Common Council are desirous of having more events and public gatherings in the downtown area to promote the City of Cortland and the downtown businesses; AND
- WHEREAS, the City of Cortland has an ordinance prohibiting the possession or consumption of alcoholic beverages in public places, Section 208-2; AND
- WHEREAS, the Cortland City Police have reviewed the Special Event Application and have monitored the Great Cortland Pumpkinfest over a period of several years, having no issue with the organizers operation of a petitioned area for alcohol sale and possession; NOW THEREFORE BE IT
- RESOLVED, that the Common Council does hereby grant permission for a petitioned area for the sale and consumption of alcoholic beverages, conditioned on sales being made by a caterer with approved permits to sell alcohol, at the Great Cortland Pumpkinfest and excuses the Cortland City Police Department from enforcing Section 208-2 “Consumption or Possession of Alcoholic Beverages in Public” within the petitioned area at this event.
Agenda Item #15 - Appoint Member to Youth Bureau Advisory Board
- WHEREAS, The Cortland Youth Bureau has appointed Laurie Hogan to act on the Youth Bureau Advisory Board; AND
- WHEREAS, Laurie Hogan has been approved by the Youth Bureau Advisory Board and Director; AND
- RESOLVED, that the Common Council does hereby approve appointing Laurie Hogan to act on the Youth Bureau Advisory Board.
Discussion Items
- Discussion Item # 1 - Parker School Ad Hoc Planning Committee
- Discussion Item # 2 - Trash and Recycling Ad Hoc Advisory Committee
- Discussion Item # 3 - Town and Gown Ad Hoc Planning Committee
- Discussion Item # 4- Autism Walk
- Discussion Item # 5 - Retiree Health Insurance
- Discussion Item # 6 - Changes in Term of Office for Mayor and Common Council
- Discussion Item # 7 - Code Changes
Executive Session
- Discussion of Personnel Lawsuit
