Cortland Common Council Agenda: August 2nd, 2022

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

Here is the agenda for Tuesday’s (August 2nd, 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 #1 - Proposed Local Law No. 6 of the Year 2022: Amendment of Article III –– Increasing Terms of Councilpersons from Two (2) Year Terms to Four (4) Year Terms
• Public Hearing #2 - Proposed Local Law No. 7 of the Year 2022: Amendment of Article IV – Increasing the Term of Mayor from a Two (2) Year Term to a Four (4) Year Term

Call to Order

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

Supporting Documents

• Supporting Documents #1

Resolutions

Agenda Item #1 - Authorize Request for Proposal for Evaluation of Health Insurance Programs

• WHEREAS, the Mayor has proposed a Medicaid Advantage plan as an option to be included in health benefits for City of Cortland retirees; AND
• WHEREAS, the Mayor has held informational sessions to apprise and educate retirees and Councilpersons; AND
• WHEREAS, the issue was discussed at the July 19, 2002 Common Council meeting at which it was indicated that Councilpersons and retirees desire additional information and comparisons between the current plan and the proposed plan; AND
• WHEREAS, it was the consensus of Councilpersons that hiring an independent consultant to provide an evaluation and comparisons will help inform the Council’s decision on the proposal; AND
• WHEREAS, the City has a responsibility to periodically evaluate administration of the contractually agreed to health insurance provided to City employees; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does here by authorize the issuance of a Request for Proposals for an independent consultant to evaluate and compare options for administration of the City’s health insurance programs; AND BE IT FURTHER
• RESOLVED, that such Request for Proposal and evaluation is solely for the administration of benefits and is not intended the change contractual benefits provided to City employees.

Agenda Item #2 - Adoption of Local Law No. 6 of the Year 2022: Amendment of Article III –– Increasing Terms of Councilpersons from Two (2) Year Terms to Four (4) Year Terms

• WHEREAS, a public hearing was held on August 2, 2022 regarding proposed changes to the term of office for Councilpersons elected in the City of Cortland; AND
• WHEREAS, the current two (2) year term for Councilpersons does not provide an adequate window for such elected representatives to effectuate sufficient long-lasting representation for constituents; AND
• WHEREAS, electing Councilpersons to a four (4) year term will offer a realistic opportunity for each councilperson to provide realistic, productive representation for constituents; AND
• WHEREAS, an amendment to the City Charter of this nature is subject to mandatory referendum, and if passed shall be placed on the ballot as a proposition subject to City voter approval at the General Election to be held on Tuesday, November 8, 2022; NOW, THEREFORE, BE IT
• RESOLVED, the he Common Council approves adoption of Local Law No. 6 of 2022 amending Article III, §C3-3. Terms of Councilpersons, changing terms from two (2) years to four (4) years, subject to approval by City voters at the General Election on Tuesday, November 8, 2022; AND BE IT FURTHER
• RESOLVED, that if approved, the term of office for a person elected Councilperson for the City of Cortland at the General Election, to be held on November 7, 2023 and at each election for said office thereafter, shall be for a full four (4) year term, with such four (4) year term commencing January 1, 2024, AND BE IT FURTHER
• RESOLVED, that Local Law No. 6 of 2022 shall read as follows:

CITY OF CORTLAND, NEW YORK LOCAL LAW NO. 6 OF THE YEAR 2022 “AMENDMENT OF ARTICLE III – INCREASING TERMS OF COUNCILPERSONS FROM TWO (2) YEAR TERMS TO FOUR (4) YEAR TERMS”

Be it enacted by the Common Council of the City of Cortland as follows:

Section 1. Enactment and Title.

• §C3-3. Terms of Councilpersons.
• The Councilpersons shall each serve a four-year term.

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 23 and section 27 of the Municipal Home Rule Law.

Agenda Item #3 - Adoption of Local Law Np. 7 of 2022: Amendment of Article IV – Increasing the Term of Mayor from a Two (2) Year Term to a Four (4) Year Term

• WHEREAS, a public hearing was held on August 2, 2022 regarding proposed changes to the term of office for Mayor elected in the City of Cortland; AND
• WHEREAS, the current two (2) year term for Mayor does not provide an adequate window for such elected official to effectuate sufficient, long lasting representation for constituents; AND
• WHEREAS, electing a Mayor to a four (4) year term will offer a realistic opportunity for said elected person to provide realistic, productive representation for constituents; AND
• WHEREAS, an amendment to the City Charter of this nature is subject to mandatory referendum, and if passed shall be placed on the ballot as a proposition subject to City voter approval at the General Election to be held on Tuesday, November 8, 2022; NOW, THEREFORE, BE IT
• RESOLVED, The Common Council approves Adoption of Local Law No. 7 of 2022 amending Article IV, §C4-1. B. Term; qualifications, changing the term of Mayor from two (2) years to four (4) years, subject to approval by City voters at the General Election on Tuesday, November 8, 2022; AND BE IT FURTHER
• RESOLVED, that if approved, the term of office for a person elected Mayor for the City of Cortland at the General Election, to be held on November 7, 2023 and at each election for said office thereafter, shall be for a full four (4) year term, with such four (4) year term commencing January 1, 2024; AND BE IT FURTHER
• RESOLVED, that Local Law No. 7 of 2022 shall read as follows:

CITY OF CORTLAND, NEW YORK LOCAL LAW NO. 7 OF THE YEAR 2022 “AMENDMENT OF ARTICLE IV – INCREASING THE TERM OF MAYOR FROM A TWO (2) YEAR TERM TO A FOUR (4) YEAR TERM”

Be it enacted by the Common Council of the City of Cortland as follows:

Section 1. Enactment and Title.

• §C4-1. Term; qualifications.
• B. The Mayor shall be elected by the electors at large and shall serve a four-year term.

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 23 and section 27 of the Municipal Home Rule Law.

Agenda Item #4 - Cancel August 16, 2022 Common Council Meeting

• WHEREAS, the Common Council is scheduled to meet on August 16, 2022; AND
• WHEREAS, the Common Council and Mayor concur that the business of the City will not be unnecessarily delayed or impacted by the cancellation of the August 16, 2022 meeting; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does hereby cancel the Common Council meeting scheduled for August 16, 2022; AND BE IT FURTHER
• RESOLVED, that the City Clerk shall publish public notice of this cancellation in newspapers and on the City’s website.

Agenda Item #5 - Approval of Assumption of Microenterprise Grant Obligations of Tanya Dammert, dba FireCrest Restaurant by Carballo, LLC dba Los Lagos Restaurant, 13 Groton Avenue

• WHEREAS, the City of Cortland was awarded Community Development Block Grant (CDBG) #285ME178-18 in December 2018 to assist existing and start-up microenterprises in the City of Cortland under its CDBG-funded Microenterprise Assistance Program (MAP); AND
• WHEREAS, Tanya Dammert was awarded $31,000 in CDBG funds to facilitate the start-up of a restaurant at 13 Groton Avenue to be known as FireCrest Restaurant under the City’s MAP; AND
• WHEREAS, Ms. Dammert experienced delays in opening the restaurant due, in part, to delays in obtaining her liquor license; AND
• WHEREAS, once opened, the restaurant experienced issues as a result of COVID-19 with staffing shortages and lack of patronage; AND WHEREAS, Ms. Dammert determined that it was in her best interest to close FireCrest, which was closed in December 2021; AND
• WHEREAS, as a creditor, the Cortland County Business Development Corporation (BDC) worked with Ms. Dammert obtaining an agreement to leave behind all CDBG-funded items as well as anything purchased with BDC funds, including improvements to the site to facilitate recruitment of another restaurateur to a turn-key operation; AND
• WHEREAS, the BDC identified Andrew and Elizabeth Fox, members of Carballo, LLC, dba Los Lagos to take over the space and operate a new restaurant conditioned, in part, upon the ability to secure the equipment and furniture and fixtures purchased with the grant funds in return for assuming the CDBG obligations; AND
• WHEREAS, the City’s MAP Review Committee has reviewed the Los Lagos project, including the details of the transfer of the CDBG obligation to Carballo, LLC contingent upon approval by the NYS Office of Community Renewal (OCR) to operate Los Lagos and is making a recommendation to the City Council to approve same; NOW, THEREFORE, BE IT
• RESOLVED, that the City’s Common Council does hereby approve the transfer of all Community Development Block Grant funded equipment and other items purchased with Microenterprise Assistance Program funds by Tanya Dammert dba FireCrest Restaurant to Carballo, LLC dba Los Lagos Restaurant in return for Carballo’s assumption of the Community Development Block Grant obligations including execution of a deferred payment loan agreement with the City; AND BE IT FURTHER
• RESOLVED, that Mayor Scott Steve will request approval of said transfer from the Microenterprise Assistance Program funding source, the NYS Office of Community Renewal as well as requesting that Office waive the training requirement for the Microenterprise Program in consideration of Andrew and Elizabeth Fox’s years of experience operating a similar venture in the City of Cortland.

Agenda Item #6 - Authorize Letter of Support for McNeil Development Company Funding Application

• WHEREAS, McNeil Development Company intends to submit an application for funding through the NYS Environmental Facilities Corporation Green Infrastructure Grant Initiative for the sustainable reconstruction of their large group of adjoining parking lots located between Main Street, Church Street, Central Avenue and Groton Avenue in the City of Cortland; AND
• WHEREAS, the project would vastly improve the parking areas while eliminating the storm water runoff from their site onto the adjoining streets and local waterways; AND
• WHEREAS, the project will incorporate the green infrastructure design practices of pervious pavement and stormwater planters in the rehabilitation of their 1.5 acre parking lot; AND
• WHEREAS, these sustainable stormwater management practices will eliminate over 2.6 million gallons of the property’s stormwater runoff from entering the City of Cortland’s storm sewer system by absorbing, evaporating, evapotranspirating and infiltrating stormwater onsite, preventing it from carrying potential pollutants into the Tioughnioga river; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does hereby authorize the Mayor to submit a letter in support of McNeil Development Company’s application for funding through the NYS Environmental Facilities Corporation Green Infrastructure Grant Initiative for the sustainable reconstruction of parking lots in downtown Cortland.

Agenda Item #7 - Authorize Request for Proposals for Stormwater Mitigation Study

• WHEREAS, in recent years, the City has received complaints related to stormwater during major rain events; AND
• WHEREAS, most complaints have come from the Hickory Park, Kellogg Road and Forrest Avenue areas of the City; AND
• WHEREAS, the Mayor has proposed conducting a study to develop an engineering report for the City’s use toward mitigation of residential stormwater complaints; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes the issuance of a Request for Proposals for an engineering report which shall address the Hickory Park, Kellogg Road and Forrest Avenue areas and include a description of the problem, an evaluation of the existing conditions, recommendations for potential engineering solutions, budgetary project cost estimates, and potential funding sources.

Agenda Item #8 - Authorize Memorandum of Understanding with SUNY Cortland Police Department Relating to Coordination of Law Enforcement Efforts

• WHEREAS, a Memorandum of Understanding exists between the City of Cortland Police Department and the SUNY Cortland University Police Department setting forth the respective duties and obligations with regard to the coordination of law enforcement efforts between the University and the City; AND
• WHEREAS, the Memorandum of Understanding needs to be renewed for accreditation purposes; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does hereby authorize the Mayor and Police Chief to execute a Memorandum of Understanding with the SUNY Cortland Police Department relating to coordination of law enforcement efforts.

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 - Director of Administration & Finance Position