Cortland Common Council Agenda: September 20th, 2022

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

Here is the agenda for Tuesday’s (September 20th, 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

Proclamations

Proclamation #1 - Declaring October 9-15, 2022 Fire Prevention Week

• WHEREAS, the City of Cortland is committed to ensuring the safety and security of all those living in and visiting our municipality; AND
• WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; AND
• WHEREAS, home fires caused 2,580 civilian deaths in the United States in 2020, according to the National Fire Protection Association® (NFPA® ), and fire departments in the United States responded to 356,500 home fires; AND
• WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; AND
• WHEREAS, Cortland residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; AND
• WHEREAS, the City of Cortland Fire Department first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; AND
• WHEREAS, the 2022 Fire Prevention WeekTM theme, “Fire won’t wait. Plan your escape.TM,” effectively serves to remind City of Cortland residents that it is important to have a home fire escape plan; NOW, THEREFORE, BE IT
• RESOLVED, I, Scott Steve, Mayor of the City of Cortland, do hereby proclaim October 9-15, 2022, as Fire Prevention Week throughout this City, and I urge all the people of Cortland to plan and practice a home fire escape for Fire Prevention Week 2022 and to support the many public safety activities and efforts of the Cortland Fire Department.

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

• Supporting Documents #1

Resolutions

Agenda Item #1 - Approve Public Hearing for Proposed Local Law Relating to Changing the City Charter to Create the Position of City Manager

• WHEREAS, the Mayor and Common Council have discussed the creation of the position of City Manager; AND
• WHEREAS, such action would require an amendment of the City Charter by local law; AND
• WHEREAS, the Mayor and Common Council held an informational session on September 15, 2022 at which Mark L. Ryckman, City Manager of the City of Corning, and Ian M. Coyle, County Administrator of Livingston County and President of the NYS City/County Management Association presented information about the structure and operation of a Council-City Manager form of government; AND
• WHEREAS, based on the information presented, the Mayor and Common Council wish to proceed with the City Attorney drafting a local law for consideration by the Common Council; AND
• WHEREAS, a public hearing must be held prior to consideration of a local law; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council directs the City Clerk to publish public notice of a public hearing to be held at 6:00 p.m. October 4, 2022 on the matter of adoption of a local law to amend the City Charter for the purpose of creating the position of City Manager.

Agenda Item #2 - Determining that Proposed Actions are Type II Actions for Purposes of the New York State Environmental Quality Review Act

• WHEREAS, the Common Council of the City of Cortland, New York (the "City") is considering financing the cost of the purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement and the purchase of a firefighting vehicle and apparatus, as described on Exhibit A to this resolution (the “Type II Projects”); AND
• WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended (the “SEQR Act”), and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the “Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect to each of the Type II Projects; NOW, THEREFORE, BE IT
• RESOLVED BY THE MEMBERS OF THE COMMON COUNCIL OF THE CITY OF CORTLAND, NEW YORK AS FOLLOWS:

1. Each of the Type II Projects constitutes a "Type II Action" (as defined in the Regulations) and no further action under the SEQR Act and the Regulations is required.
2. This resolution shall take effect immediately.

Agenda Item #3 - Bond Resolution of the City Of Cortland, New York, Authorizing The Issuance Of $1,171,000 Serial Bonds to Finance the Cost of Various Projects 

• BE IT RESOLVED by the Common Council of the City of Cortland, New York as follows:
• Section 1. The City of Cortland, New York (the “City”) is hereby authorized to undertake the various capital projects described below (each, a “Project”) at an aggregate estimated maximum cost of $1,171,000, the estimated maximum cost of each Project being as follows:

1. (a) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More – Toro Tractor with Mower and Attachments. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement the cost of which is $30,000 or over, including one (1) Toro Groundsmaster tractor with mower and attachments, at an estimated maximum cost not to exceed $131,000;
2. (b) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More – 2023 International Construction Dump Truck. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement the cost of which is $30,000 or over, including one (1) 2023 International construction dump truck at an estimated maximum cost not to exceed $190,000;
3. (c) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More – 2024 International Truck with Plow. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement the cost of which is $30,000 or over, including one (1) 2024 International truck with plow at an estimated maximum cost not to exceed $200,000;
4. (d) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More – Fire Fighting Vehicle and Apparatus. The purchase of a fire-fighting vehicle and apparatus, including the acquisition of original furnishings, equipment, machinery or apparatus at an estimated maximum cost not to exceed $650,000;
5. (e) Machinery and Apparatus for Construction and Maintenance Costing $30,000 or More – Vacuum Street Sweeper. The purchase of machinery and apparatus to be used for constructing, reconstructing, repairing, maintaining or removing the snow and ice from, any physical public betterment or improvement the cost of which is $30,000 or over, including one (1) vacuum street sweeper and attachments, at an estimated maximum cost not to exceed $300,000;

• Section 2. The plan for financing such estimated maximum cost shall be by the issuance of $1,171,000 in serial bonds (the “Bonds”) of the City, which are hereby authorized to be issued pursuant to this resolution.
• Section 3. It is hereby determined that the period of probable usefulness of the aforesaid objects or purposes or classes of objects or purposes pursuant to Section 11.00(a) of the Local Finance Law are as follows:

• Section 4. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.
• Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution.
• Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year.
• Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for level or substantially level or declining annual debt service, is hereby delegated to the City Director of Administration and Finance, the Chief Fiscal Officer of the City.
• Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the City’s General Fund. It is intended that the City shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2. Other than as specified in this resolution, no moneys are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.
• Section 9. The serial bonds and bond anticipation notes authorized to be issued by this resolution are hereby authorized to be consolidated, at the option of the City’s Director of Administration and Finance, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other bond resolutions previously or heretofore adopted by the City Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such resolutions. All matters regarding the sale of the bonds, including the dated date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Director of Administration and Finance, the Chief Fiscal Officer of the City.
• Section 10. The City may receive certain federal and New York State grant funds for the capital purposes described in Section 1 of this resolution. Any such grant funds shall be applied to pay the principal or interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds or to the extent obligations shall not have been issued under this resolution, to reduce the maximum amount to be borrowed for such capital purposes.
• Section 11. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:

1. (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or
2. (b) the provisions of law which should be complied with at the date of the publication of this resolution or a summary hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or
3. (c) such obligations are authorized in violation of the provisions of the Constitution.

• Section 12. The City Director of Administration and Finance, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12, as amended.
• Section 13. This resolution, or a summary of this resolution, shall be published in the official newspapers of the City for such purpose, together with a notice of the Clerk of the City in substantially the form provided in Section 81.00 of the Local Finance Law.
• Section 14. This resolution is not subject to a mandatory or permissive referendum.
• Section 15. The Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution.
• Section 16. This resolution shall take effect immediately upon its adoption.

Agenda Item #4 - Authorize Issuance of a Request for Proposals for City Facilities Study

• WHEREAS, the City of Cortland owns a number of facility which house the administration and operations of city departments; AND
• WHEREAS, the Mayor and Common Council believe there are several issues which should be addressed including Common Council Agenda September 20, 2022 Page 6 of 7 cost and efficiency of these facilities, maximized utilization of facility space, and the need for repair or renovations; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes Mayor Steve to issue a Request for Proposals to inventory and review city owned facilities, provide an assessment of facility conditions, the need for repair, renovation or replacement of facilities, and recommendations for more efficient and effective use of City-owned facilities.

Agenda Item #5 - Authorize Letter to NYS Department of Transportation Requesting a Study of Traffic Safety on Route 281 Between W. Main St. and Hillcrest Dr.

• WHEREAS, residents in the area of Route 281 between W. Main St. and Hillcrest Dr. have raised concerns about traffic safety; AND
• WHEREAS, these concerns include a limited sight line to the South when turning left onto Route 281 from Hillcrest Dr., and that the speed limit coming from both directions passing Hillcrest Dr. is not being obeyed; AND
• WHEREAS, some residents have requested a reduction in the 35 M.P.H. speed limit on Route 281 starting before the W. Main St. intersection going north; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes Mayor Steve to write a letter to NYS Department of Transportation requesting the Department conduct a study of traffic safety on Route 281 between W. Main St. and Hillcrest Dr.

Agenda Item #6 - Authorize Contract with Syracuse Signal Systems, Inc. for Traffic Signal Upgrade Project Additions in the Intersection of Grant St. and N. Main St. 

• WHEREAS, the traffic signal in the intersection of Grant St. and N. Main St. has been deemed obsolete; AND
• WHEREAS, the City of Cortland Department of Public Works (DPW) put forth a request for proposal publicly to rectify the matter; AND
• WHEREAS, the upgrade would have a great benefit to the community and its infrastructure; AND
• WHEREAS, Syracuse Signal has proposed to furnish all labor (including traffic control), materials, equipment, tools necessary to refurbish the existing span poles, new LED light heads that match the existing signal configuration, including signal pull boxes, microcomputer cabinet, all associated components (preferably McCain controller), wiring as well as new LED hand/man pedestrian signals with timers and push buttons that control pedestrians all possible directions, including Americans with Disabilities Act (ADA) compliant crosswalk ramps, and include the removal and disposal of all existing equipment for a total of $110,183.84; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes Mayor Steve to execute a contract with Syracuse Signal Systems, Inc. for replacement of the traffic signal, and associated work and equipment including pedestrian crosswalks and Americans with Disabilities Act (ADA) compliant crosswalk ramps in the amount of $110,183.84 with work commencing in the next 60 days.

Agenda Item #7 - Accept and Recognize Donations to the Cortland Fire Department

• WHEREAS, donations have been given to the Cortland Fire Department; AND
• WHEREAS, the Common Council must accept and allocate such funds; AND
• WHEREAS, the Mayor, Common Council and Cortland Fire Department wish to publicly recognize these donations and the generosity of the donors; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council accepts the donation listed below, and appropriates funds to the Cortland Fire Department Donation Account earmarked for AED replacement:

Agenda Item #8 - Authorize Emergency Repair of Apron of Fire Department Station Headquarters

• WHEREAS, the City of Cortland has housed apparatus and personnel at its Headquarters Fire Station on Court Street since 1914 with continuous operation for over 100 years; AND
• WHEREAS, routine maintenance and upkeep has occurred over this time with other significant investments by the City to keep the building functional and safe not only for the firefighters but also the visitors that frequently enter the building; AND
• WHEREAS, foundation concerns specific to the front apron area of the apparatus bays have caused unforeseen damage that pose a potential danger to apparatus and personnel if not remedied; AND
• WHEREAS, evaluation and inspection of the foundation has indicated that repair is limited to certain processes due to the design and extent of damage; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes the Mayor to enter into an agreement with Midstate Basement Authorities for repairs to the front apron of headquarters for the total amount of $4,320.00 with funding coming from Fire Department Budget Line A3410- 540500 which will be reimbursed from Contingency Account A1325- 41120.

Agenda Item #9 - Authorize Repair of Armory Floor

• WHEREAS, the City of Cortland Fire Department utilizes the former City-owned NYS Armory building on Wheeler Avenue for storage, training, and meetings of the volunteers and Fire Commission; AND
• WHEREAS, the Volunteer Firefighters contingent has invested time and financial resources into completely rehabilitating what is commonly known as the “Volunteer Meeting Room,” to promote a positive environment for meeting and display as well as for the public meetings of the monthly Fire Commission; AND
• WHEREAS, the concrete flooring has been lifting over many years and has now progressed to a point of a trip hazard which is a safety concern; AND
• WHEREAS, investigation into a repair to the floor that is fiscally responsible for the age and use of the building, and also eliminates the safety concern has occurred and resulted in a favorable resolve; NOW, THEREFORE, BE IT
• RESOLVED, the Common Council authorizes the Mayor to enter into an agreement with Midstate Basement Authorities for repairs to the Volunteer Firefighter’s Meeting Room floor for the total amount of $528.75 with funding coming from Fire Department Budget Line A3410-540500 which will be reimbursed from Contingency Account A1325-41120.

Discussion Items

• Discussion Item # 1 - Parker School Ad Hoc Planning Committee
• Discussion Item # 2 - Town and Gown Ad Hoc Planning Committee
• Discussion Item # 3 - Rental Housing Zoning Update Ad Hoc Committee