Cortland Common Council Agenda: September 6th, 2022

City of Cortland Common Council. (Photo from The Cortland Voice's photo files).

Here is the agenda for Tuesday’s (September 6th, 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 also 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. 8 of 2022 “Amending Article §202 – Adjusting Hours of Operation for City Parks”
  • Public Hearing #2 - Proposed Local Law No. 9 of 2022 “Amending the City Code Relating to Zoning Changes”

Call to Order

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

Supporting Documents

Resolutions

Agenda Item #1 - Approve Special Event Permit for 9-11 Memorial

  • WHEREAS, the 9/11 Ceremony Committee has submitted a Special Event Permit Application; AND
  • WHEREAS, the 9/11 Ceremony Committee has submitted a Sound Device Permit Application; AND
  • WHEREAS, the 9/11 Ceremony will be held in Courthouse Park, at the 9/11 Memorial, on September 11, 2022 starting at 8:30 A.M.; AND
  • WHEREAS, thousands of innocent people lost their lives during this horrific event and thousands more have continued to succumb to illness from their active participation in rescue operations at Ground Zero; AND
  • WHEREAS, it is immensely important that the residents of the City and County of Cortland demonstrate that our community will never forget the sacrifices made by so many; AND
  • WHEREAS, the 9/11 Ceremony Committee is composed of police officers, fire fighters and civilians dedicated to educating citizens and keeping the memory of these valiant souls in our minds and ensuring that Cortland Will Never Forget; NOW, THEREFORE BE IT
  • RESOLVED, that the Common Council does hereby approve the Special Event Permit and Sound Device applications submitted by the 9/11 Ceremony Committee to host the 9/11 Ceremony on September 11, 2022 at 8:30 AM and encourages all citizens to take part in the ceremony as a testament to the patriotism of our community and our refusal to become complacent about this horrific attack on our country.

Agenda Item #2 - Authorize Administrative Contract for Fiscal Year 2022 Community Development Block Grant for Microenterprise Assistance

  • WHEREAS, the City of Cortland was awarded a fiscal year 2022 Community Development Block Grant #285ME506-22 ("Grant") pursuant to Title I of the Housing and Community Development Act of 1974, as amended ("Act") in the amount of $200,000 for funding to assist microenterprises in the City of Cortland that will provide benefit to low-to-moderate income persons, and for administrative and program delivery services; AND
  • WHEREAS, the City of Cortland has entered into an agreement ("Grant Agreement"), which governs the administration of the Grant with the New York State Housing Trust Fund Corporation (“HTFC”); AND
  • WHEREAS, the Grant Agreement and/or regulations of the Community Development Block Grant (“CDBG”) Program require grantees to issue a Request for Proposals (RFP) for administrative and program delivery services of the Grant if not administered in-house; AND
  • WHEREAS, the City has chosen to use a third party to administer the Grant and, accordingly, issued said RFP receiving one response from Thoma Development Consultants (the “Consultant”); AND
  • WHEREAS, the City reviewed the Consultant’s response and has determined it is acceptable, meeting all qualifications for administration and delivery of said Grant funds to beneficiaries; AND
  • WHEREAS, the HTFC’s CDBG administrator, the NYS Office of Community Renewal (OCR), must approve the RFP process of grantees when only one response to the RFP is received; AND
  • WHEREAS, the City forwarded the information pertinent to the RFP to OCR and is currently awaiting its approval; NOW, THEREFORE, BE IT
  • RESOLVED, that the City authorizes Mayor Scott Steve to enter into a contract with Thoma Development Consultants to administer the City’s fiscal year 2022 Community Development Block Grant pursuant to the Consultant’s response to the Request for Proposals, subject to approval by NYS Office of Community Renewal.

Agenda Item #3 - Authorize Request for Proposals or Trash Compactor and Removal Service and for Trash/Recycling Removal Bins

  • WHEREAS, the City of Cortland’s contract for its current trash removal/recycling service is set to expire December 31, 2022; AND
  • WHEREAS, the City is desirous to continue to provide quality trash removal and recycling removal for its residents; AND
  • WHEREAS, the City must issue a Request for Proposals in order to solicit bids with firms that provide such services; NOW, THEREFORE, BE IT
  • RESOLVED, that the Mayor is hereby authorized to issue a Request for Proposals for trash compactor and removal services for the City of Cortland; AND BE IT FURTHER
  • RESOLVED, that Mayor is hereby authorized to issue a Request for Proposals for trash removal bins and recycling removal bins.

Agenda Item #4 - Transfer of Volunteer Firefighters Length of Service Award Program

  • WHEREAS, the City of Cortland has established a Length of Service Awards Program (LOSAP) for volunteer members of the Cortland Fire Department; AND
  • WHEREAS, LOSAP is a simple, pension-like program which is intended to provide financial incentive for individuals to become and/or continue to be active emergency services volunteers; AND
  • WHEREAS, the Common Council of the City of Cortland wishes to transfer the current LOSAP for the active emergency services volunteers of the Cortland Fire Department; AND
  • WHEREAS, said transfer desire has been reviewed and ratified by the Fire Commission of the City of Cortland at their August 11, 2022 regular meeting, NOW, THEREFORE, BE IT
  • RESOLVED, the City of Cortland Common Council elects Penflex Actuarial Services, LLC to provide administrative and actuarial services for the Length of Service Award Program; AND BE IT FURTHER
  • RESOLVED, the Council elects RBC Wealth Management to provide investment and custodial services for the Length of Service Award Program; AND BE IT FURTHER
  • RESOLVED, the Council hereby authorizes Mayor Scott Steve to execute the necessary transfer of Length of Service Award Program information to Penflex Actuarial Services, LLC, and RBC Wealth Management and execute a service agreement documenting the transfer.

Agenda Item #5 - Designate Fire Department Equipment as Surplus

  • 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, the City of Cortland Common Council authorizes the following equipment currently in possession and used by the Fire Department to be declared 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, the Common Council authorizes any revenue generated from the sale of this surplus equipment to be transferred into the Fire Department budget line A3410-540700 –Equipment Repair for future use by the Fire Department.

Agenda Item #6 - Designate Fire Department Fire Alarm Boxes as Surplus

  • WHEREAS, the City of Cortland operated a Fire Alarm Notification System, known primarily as the “Gamewell System” for many years until it was deemed no longer needed and decommissioned through Common Council Resolution; AND
  • WHEREAS, equipment for the system has been removed and has been deemed surplus by the Fire Chief; AND
  • WHEREAS, certain components have a historical value to the Cortland Fire Department and its members with little fiscal value; NOW, THEREFORE, BE IT
  • RESOLVED, the City of Cortland Common Council authorizes the Fire Alarm Gamewell System equipment currently in possession of 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, the Common Council authorizes the Fire Chief to offer to Fire Department members the opportunity to purchase the Gamewell Fire Alarm Boxes for a cost of $75 each until December 31, 2022 and then advertise any remaining items publicly; AND BE IT FURTHER
  • RESOLVED, 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 fire department.

Agenda Item #7 - Appoint Member to Cortland Housing Authority Board

  • WHEREAS, a vacancy exists on the Cortland Housing Authority Board; AND WHEREAS, Diane Higgins has been recommended for reappointment by the Cortland Housing Authority and has agreed to be appointed; NOW, THEREFORE, BE IT
  • RESOLVED, that Dianne Higgins is hereby reappointed to the Cortland Housing Authority Board for a term beginning September 6, 2022 and expiring December 31, 2026.

Agenda Item #8 - Authorize Payment of Bills Incurred During the Year 2021 Relating to Publishing of Public Notices in the Cortland Standard

  • WHEREAS, the City of Cortland published various legal notices and advertisements in the Cortland Standard newspaper in 2021; AND
  • WHEREAS, certain legal notices and advertisements were invoiced to the City of Cortland in 2021 and not paid; AND
  • WHEREAS, there are 33 unpaid invoices from 2021 totaling $1,144.07; AND
  • WHEREAS, 32 of these unpaid invoices, totaling $1,001.40, were placed by or at the direction of the Mayor’s Office, and one unpaid invoice, totaling $142.67, was placed by the Department of Public Works; NOW, THEREFORE, BE IT
  • RESOLVED, the City of Cortland Common Council hereby authorizes the payment of invoices from the Cortland Standard newspaper for legal notice and advertisement costs incurred in 2021 totaling $1,144.07 from budget account number A1362-540000.

Agenda Item #9 - Create Position of Wastewater Treatment Plant Maintenance Coordinator

  • WHEREAS, the LeRoy R. Summerson Wastewater Treatment Facility is a large, industrial installation which represents a substantial investment by the City of Cortland; AND
  • WHEREAS, the City desires to protect its investment by proper maintenance of the facility and its equipment; AND
  • WHEREAS, the department has a Computerized Maintenance Management System (CMMS) which is used to schedule, track, record and analyze plant-wide maintenance efforts; AND
  • WHEREAS, department management has determined the need for a designated staff person to manage the CMMS software and coordinate maintenance work to improve efficiency and minimize downtime; AND
  • WHEREAS, a job description for Wastewater Treatment Plant Maintenance Coordinator has been submitted to, and approved by, Cortland County Personnel/Civil Service Office; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby create a new position of Wastewater Treatment Plant Maintenance Coordinator as defined in the job description approved by the Cortland County Personnel/Civil Service Office; AND BE IT FURTHER
  • RESOLVED, that the position of Wastewater Treatment Plant Maintenance Coordinator be paid at the same rate as Instrument Tech as laid out in the current Pipeline Workers of America (PWOA) contract.

Agenda Item #10 - Authorize Credit Card Account for Use by the Wastewater Treatment Department

  • WHEREAS, the Common Council desires to maintain a credit card account with Tompkins Trust Company, located at 36 Main Street Cortland, New York, to enable the Wastewater Treatment Department to conduct authorized city business 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 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 Wastewater Treatment Department to open and maintain a credit card account with Tompkins Trust Company to conduct official business when circumstances necessitate in compliance with the City’s credit card policy.

Agenda Item #11 - Approve Tree Lighting Event 

  • WHEREAS, the City of Cortland will hold a “Visions of Christmas” tree lighting event at Courthouse Park on Saturday, November 26, 2022; AND
  • WHEREAS, “Visions of Christmas” will include a guest appearance from Santa Claus followed by cookies and coca at the Fire House NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby approve the “Visions of Christmas” event at Courthouse Park to be held Saturday, November 26, 2022.

Agenda Item #12 - Approve Midnight on Main Event 

  • WHEREAS, the City of Cortland will host a “Midnight on Main” New Year’s Eve celebration on December 31, 2022; AND
  • WHEREAS, the “Midnight on Main” event involves the closure of Main Street between Court Street and Tompkins Street; AND
  • WHEREAS, “Midnight on Main” will include local restaurant participation, music and entertainment, fireworks, and a midnight ball drop; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council does hereby approve the “Midnight on Main” event and the closure of Main Street between Court Street and Tompkins Street on December 31, 2022.

Agenda Item #13 - Adoption of Local Law #8 of 2022 “Amending Article §202 – Adjusting Hours of Operation for City Parks”

  • WHEREAS, the City of Cortland is home to several public parks for residents’ use and enjoyment; AND
  • WHEREAS, City parks hours of operation are currently from 6:00 A.M. until 10:30 P.M.; AND WHEREAS, the City is desirous to provide a safe atmosphere during parks hours of operation for all those who choose to enjoy them; AND
  • WHEREAS, there have been instances of vandalism, and unsafe and nefarious activities in the parks once it becomes dark outside, including during those hours when it is dark but before the parks close; NOW, THEREFORE, BE IT
  • RESOLVED, that the Common Council approves the adoption of Local Law No. 8 of 2022, amending Article 202, §202-3. Hours of Operation of Parks, setting the hours of operation for all City parks as 6:00 A.M. until one half-hour after sunset; AND BE IT FURTHER
  • RESOLVED, that the text of the local law shall read as follows:

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO. 8 OF THE YEAR 2022

“AMENDMENT OF ARTICLE §202 – ADJUSTING HOURS OF OPERATION FOR CITY PARKS”

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

Section 1. Enactment and Title.

§202-3. Hours of operation of parks.

A. All parks shall be open from 6:00 A.M. until one half-hour after sunset each day that they are open to the public. No person shall enter or remain in any park from one half-hour after sunset until 6:00 A.M. the following day. Any person violating this provision shall be subject to the penalties provided for by §202-32.

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 #14 - Approve the Town of Cortlandville Recreation Services Agreement

  • WHEREAS, the City of Cortland has successfully signed an agreement with the Town of Cortlandville to provide recreational services for 2022; AND
  • WHEREAS, the current agreement for 2022 has been approved for $80,000.000.00; NOW, THEREFORE, BE IT
  • RESOLVED, the Common Council accepts the agreement and $80,000.00 from the Town of Cortlandville for the year ending December 31, 2022.

Agenda Item #15 - Approve the Spending of $80,000 from the Town of Cortlandville Agreement 

  • WHEREAS, the City of Cortland has accepted the 2022 recreation services agreement with the Town of Cortlandville; AND
  • WHEREAS, the City of Cortland did not include the $80,000.00 in the 2022 general budget; AND
  • WHEREAS, the Youth Bureau has a surplus of money for park improvements; NOW, THEREFORE, BE IT
  • RESOLVED, the Common Council approves the spending of the $80,000.00 for Yaman Beach retention wall replacement in the amount of $70,000.00 and Yaman Park entrance renovation in the amount of $10,000.00.

Agenda Item #16 - Approve the Spending of $120,000 from the American Rescue Plan Funding 

  • WHEREAS, the City of Cortland has $120,000 earmarked for the Youth Bureau from the American Rescue Plan Funding, AND
  • WHEREAS, the City of Cortland did not include the $120,000 in the 2022 general budget, AND
  • WHEREAS, the Youth Bureau has a surplus of money for park improvements, NOW, THEREFORE, BE IT
  • RESOLVED, the Common Council approves the spending of $119,123.75 for the items listed below:
  1. Yaman Park Playground Renovation: $20,000
  2. Yaman Park extended walkway: $16,123.75
  3. 100 tons of Infield Mix: $7,500
  4. Yaman Park Bathhouse painting: $33,500
  5. Bark Park, including fencing and site amenities: $42,000

Agenda Item #17 - 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 - 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 - Special Meeting of the Common Council
  • Discussion Item # 5 - ARP Funding
  • Discussion Item # 6 - Rental Housing Zoning Update Ad Hoc Committee
  • Discussion Item # 7 - City Manager