City of Cortland Common Council. (Photo from The Cortland Voice's photo files).
Here is the agenda for Tuesday’s (October 4th, 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 - Submission of Grant Application Under the RESTORE NY Program
- Public Hearing #2 - Proposed Local Law No. 9 of the Year 2022: Amendment of Article §300 - Revisions and Clarifications Relating to Zoning Regulations and Enforcement
- Public Hearing #3 - Proposed Local Law No. 10 of the Year 2022: Amendment of Article §74 Relating to Number of Animals Permitted
- Public Hearing #4 - Proposed Local Law No. 11 of the Year 2022: Amending Chapter 234 Relating to Sidewalk Cafes
- Public Hearing #5 - Relating to the Director, and the Department of Administration & Finance
Proclamations
Proclamation #1 - Declaring October 5, 2022 “A Day in Honor of Alton B. Parker”
- WHEREAS, Alton Brooks Parker was born on May 14, 1852 in Cortlandville, attended Cortland Academy and Cortland Normal School, where he trained as a teacher, and attended Albany Law School, from which he graduated in 1873; AND
- WHEREAS, in 1885 Parker was appointed by the Governor to the New York State Supreme Court, and held several other judicial posts before being elected Chief Judge of the Court of Appeals in 1897 where he presided until 1904; AND
- WHEREAS, in 1904, when his name was promoted as the possible Democratic candidate for President of the United States, he resigned from the Court of Appeals and ran unsuccessfully for President against incumbent President Teddy Roosevelt; AND
- WHEREAS, after the Presidential campaign, Judge Parker returned to private law practice, was a founder, director and president of the American Bar Association, and represented labor union leader Samuel Gompers and the American Federation of Labor in two separate cases before the U.S. Supreme Court; AND
- WHEREAS, his Cortland County roots included teaching at Virgil School, it is fitting that in 1928 a newly constructed school in Cortland was named in honor of Alton B. Parker; AND
- WHEREAS, Judge Parker’s portrait is displayed in the Cortland County Courthouse, and a new plaque commemorating his career and his connections to our community will be dedicated on October 5, 2022 for display next to his portrait; NOW, THEREFORE, BE IT
- RESOLVED, that October 5, 2022 is hereby declared “A Day in Honor of Alton B. Parker.”
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
- Budget YTD & Grant Updates
- Proposed Local Laws
- Minutes - September 20, 2022 for Approval
Resolutions
Agenda Item #1 - Resolution to Authorize Submission of Restore NY Grant for Lofts at Gillette Factory Project
- WHEREAS, the City of Cortland wishes to facilitate the renovation and reuse of an historic, vacant, blighting building located at 32 Miller Street in the City of Cortland once known as the Gillette Skirt Factory for commercial and residential use to be known as the Lofts at Gillette Factory; AND
- WHEREAS, the City has identified the Restore NY Program as an appropriate means of financing a portion of the cost of this project estimated to cost in excess of $7 million; AND
- WHEREAS, the Common Council of the City of Cortland finds that the proposed project at 32 Miller Street is consistent with the existing local or regional plans; the proposed financing is appropriate for the specific project; the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain employment opportunities; NOW, THEREFORE, BE IT
- RESOLVED, that the Mayor of the City of Cortland is hereby authorized and directed to file the application for funds from the New York State Empire State Development Corporation under the Restore NY Round 6 Program, in an amount not to exceed $2,000,000; AND BE IT FURTHER
- RESOLVED that the Mayor of the City of Cortland is hereby authorized to sign said application on behalf of the City; and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Cortland; AND BE IT FURTHER
- RESOLVED, that this Resolution shall take effect immediately.
Agenda Item #2 - Determining that Proposed Actions within Local Law No. 9 of the Year 2022 are Type II Actions for Purposes of the NYS Environmental Quality Review Act
- Determining that Proposed Amendments within Local Law No. 9 are Type II Actions Pursuant to the New York’s State Environmental Quality Review Act
- WHEREAS, the Common Council of the City of Cortland (“City”) is considering the adoption of a local law in an effort to provide clarity and consistency throughout its current zoning provisions; and
- WHEREAS, such amendments to a City zoning provisions require compliance with an a determination to New York’s State Environmental Quality Review Act (“SEQRA”), and the City desire to comply with SEQRA process, and its regulations with respect to Type II Actions as outlined therein; and
- WHEREAS, in the event actions are determined to be Type II, the City, as lead agency, in making such a determination, has no further responsibility under SEQRA; and
- WHEREAS, Type II actions listed under SEQRA included adoption of local legislation that is routine administration, so long as the same doesn’t include major reordering of priorities that may result in a significant adverse environmental impact; NOW, THEREFORE, BE IT
- RESOLVED, that Common Council has determined that the amendments to the City of Cortland’s zoning provisions are classified as Type II; AND BE IT FURTHER
- RESOLVED, that the Council hereby declares that the proposed amendments will have no significant adverse impact on the environment; AND BE IT FURTHER
- RESOLVED, that no further action pursuant to the New York’s State Environmental Quality Review Act (“SEQRA”) is required relating to the adoption of proposed Local Law No. 9 pertaining to revisions and clarifications relating to zoning regulations and enforcement.
Agenda Item #3 - Adopt Local Law No. 9 of the Year 2022: Amending Chapter 300 Relating to Zoning Regulations and Enforcement
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that Chapter 300, the Zoning Code of the City of Cortland, be amended to make clarifications, updates and minor changes to parking and sign regulations which will make the regulations easier to understand and improve compliance; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that first floor apartments be permitted as to promote more housing with particular relevance to handicapped accessible housing without imposing upon or limiting downtown retail storefronts; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that design standards requiring all building facades to be between 30 and 40 feet from the street be eliminated to give homeowners and businesses more flexibility; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that parking limits for single-family houses be increased from two parking spaces to four parking spaces; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that parking regulations be further amended to comply with court decisions; AND
- WHEREAS, pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on said proposed Local Law No. 9 was held on the 4th day of October, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY; AND
- WHEREAS, notice of the time and place of such hearing was published in the official newspaper of the City of Cortland; AND WHEREAS, the text of the proposed local law was made publicly available in advance of said public hearing; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council approves the adoption of Local Law No. 9 of 2022, amending Chapter 300 of the City Code relating to revisions and clarifications relating to zoning regulations and enforcement; AND BE IT FURTHER
- RESOLVED, that the text of the local law shall read as follows:
Agenda Item #4 - Adopt Local Law No. 10 of the Year 2022: Amending Chapter 74 Relating to the Number of Animals Permitted
- WHEREAS, Chapter 74 of the City Code regulates the keeping of animals by City residents; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that Chapter 74 be amended to allow residents to house more than the present limits of three dogs or four cats with the acquisition of a permit to be approved by the Common Council after inspection and recommendation by the SPCA; AND
- WHEREAS, upon inspection and recommendation by the SPCA, and approval by the Common Council, a permit may be issued allowing pigeons, fowl, horses, cattle, sheep, goats, swine or other domestic or wild animals; AND
- WHEREAS, pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on said proposed Local Law No. 10 was held on the 4th day of October, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY; AND
- WHEREAS, notice of the time and place of such hearing was published in the official newspaper of the City of Cortland; AND
- WHEREAS, the text of the proposed local law was made publicly available in advance of said public hearing; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council approves the adoption of Local Law No. 10 of 2022, amending Chapter 74 of the City Code relating to the number of animals permitted; AND BE IT FURTHER
- RESOLVED, that the text of the local law shall read as follows:
Agenda Item #5 - Adopt Local Law No. 11 of the Year 2022: Amending Chapter 234 Relating to Downtown Sidewalk Cafes
- WHEREAS, Chapter 234 of the City Code is intended to promote the health, safety and general welfare of the community by regulating the placement of sidewalk cafes; AND
- WHEREAS, the Code currently states that permitted tables and chairs may only be placed in the outdoor sidewalk café area during the hours of operation of the business; AND
- WHEREAS, it is recommended by the Zoning Officer, the Zoning Board of Appeals and the Planning Commission that permitted tables and chairs be allowed to remain during hours that the business is closed; AND
- WHEREAS, pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on said proposed Local Law No. 11 was held on the 4th day of October, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY; AND
- WHEREAS, notice of the time and place of such hearing was published in the official newspaper of the City of Cortland; AND
- WHEREAS, the text of the proposed local law was made publicly available in advance of said public hearing; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council approves the adoption of Local Law No. 11 of 2022, amending Chapter 234 of the City Code relating to sidewalk cafes; AND BE IT FURTHER
- RESOLVED, that the text of the local law shall read as follows:
Agenda Item #6 - Appoint Hiring Search Committee for the Position of Director of Administration & Finance
- WHEREAS, a proposal has been made to create the position of City Manager and to reorganize certain administrative and executive duties prescribed in the City Charter and City Code to the Director of Administration and Finance and the Mayor; AND
- WHEREAS, a legal analysis concludes that such action requires a public referendum; AND
- WHEREAS, a proposal to create a City Manager cannot be placed for referendum until November 7, 2023; AND
- WHEREAS, it is therefore determined that the City should proceed in hiring a Director of Administration and Finance; AND
- WHEREAS, it is in the interest of the City that a hiring search be conducted by a committee of individuals who have experience in public administration, experience in conducting executive-level job searches, representatives of City department heads and employees, and members of the Common Council; AND
- WHEREAS, it is the desire of the Mayor and Common Council that the process of advertising for, interviewing and making hiring recommendations begin promptly and proceed expeditiously NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council does hereby provide consent to the following Mayoral appointments to a committee tasked with advertising for, interviewing and making a hiring recommendations to the Common Council:
- AND BE IT FURTHER RESOLVED, that the hiring search committee shall elect a committee chair, and the City Clerk shall serve as secretary providing administrative support.
Agenda Item #7 - Authorize Public Hearing on Proposed Local Law No. 12 of the Year 2022 to Amend Chapter 11 of the City Code Relative to Towing Fees, Storage Fees, and Towing Service Insurance Coverage
- WHEREAS, the City of Cortland authorized an annual Registration Fee of $100 for each tow company maintained on the tow rotation for the City, and for City to be added as additional insured on the tow company policy by Resolution No. 99 of the Year 2008; AND
- WHEREAS, the City wishes to encourage tow companies to continue to conduct business within the City, and to protect its self from financial obligations arising from functions performed by tow companies working in the City by eliminating the requirement for an annual registration fee while maintaining the insurance requirement; AND
- WHEREAS, the City has maintained a tow fee schedule with set pricing for towing performed within the City which has been amended over the years to ensure rates are fair to both the City residents and the tow companies; AND
- WHEREAS, the last amendment to this tow fee structure by Resolution No. 99 of the Year 2008, and fuel prices, labor costs, and maintenance of equipment cost have risen significantly since 2008, making the tow fee structure unfair to local tow companies; AND
- WHEREAS, the City wishes to rectify the unfair fee structure to provide relief to the local tow companies on the rotation list by increasing the tow fee by $50 per category with the new fee structure for tow work performed as follows: 7:00AM to 6:59PM Monday through Friday - $120; 7:00PM to 6:59AM Monday through Friday - $150; all day Saturday and Sunday - $170; at any time in which tow company is faced with extenuating circumstances, (such as a vehicle has crashed into a building or a vehicle which has crashed into a waterway) - time rates plus $100; AND
- WHEREAS, the City has authorized the Police Department to store towed vehicles and charge a daily storage fee of $40 per day by Resolution No. 99 of the Year 2008; AND
- Whereas, the cost of maintaining and operating the Impound Lot has increased since 2008, and the City wishes to increase this daily storage fee to allow for proper maintenance of the Impound Lot by increasing the daily fee by $20.00 to $60 per day; AND
- WHEREAS, such changes would amend the City Code and must be made through enactment of a local law; AND
- WHEREAS, a public hearing must be held prior to consideration of a local law; NOW, THEREFORE, BE IT
- RESOLVED, that pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on said proposed Local Law No. 12 of the Year 2022 to amend Chapter 11 of the City Code relative to towing fees, storage fees, and towing service insurance coverage shall be held on the 18th day of October, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY and that the City Clerk shall publish notice of such hearing in the official newspaper of the City of Cortland
Agenda Item #8 - Authorize Public Hearing on Proposed Local Law No. 13 of the Year 2022 to Amend Article §238 of the City Code Relating to Smoking on Public Property
- WHEREAS, the City Code (Chapter 238: Smoking and Tobacco Products) prohibits smoking in certain locations including City-owned property, building entrances and exits, recreational areas, and outdoor dining areas; AND
- WHEREAS, the Mayor has proposed revisions to Chapter 238 that would amend the definition of smoking to include vaping and the smoking of cannabis, and prohibit smoking within 25 feet of any entrance or exit of any building located on Main Street that provides access to or from Main Street and any public sidewalk that run along it, or other adjacent public sidewalk on Main Street; AND
- WHEREAS, the primary purpose of this measure is to reduce the proximate exposure of the public to the hazards and annoyance of second-hand smoke, in all forms; and is intended to reduce the litter and possible contamination from smoking-related refuse, including discarded cigarette butts in public places: AND
- WHEREAS, amendments to the City Code must be made through enactment of a local law; AND
- WHEREAS, a public hearing must be held prior to consideration of a local law; NOW, THEREFORE, BE IT
- RESOLVED, that pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on said proposed Local Law No. 13 of 2022 to amend Chapter 238 of the City Code relating to smoking on public property shall be held on the 18th day of October, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY and that the City Clerk shall publish notice of such hearing in the official newspaper of the City of Cortland.
Agenda Item #9 - Police Chief and DC Pay Increase
- WHEREAS, Resolution No. 99 of 2022 authorized execution of collective bargaining agreement on behalf of the City of Cortland with the Cortland Police Benevolent Association (PBA); AND
- WHEREAS, said collective bargaining agreement provided for increases in pay for all police officers except for the Chief of Police and the Deputy Chief of Police; AND
- WHEREAS, the Mayor and Common Council concur that the salaries of the Deputy Chief and Chief should be based on a tiered system that is in relation to the salaries of police offers under their command, and be reflective of their respective command duties; AND
- WHEREAS, the current salary for Lieutenants is $98,694, the current salary for the Deputy Chief is $99,037 and the current salary of the Chief is $117,415; NOW, THEREFORE, BE IT
- RESOLVED, that the salary of the Deputy Chief of Police shall be $113,694 and the salary of the Chief of Police shall be $128,694; AND BE IT FURTHER
- RESOLVED, that said salaries shall be effective retroactive to the Cortland Police Benevolent Association (PBA) collective bargaining agreement effective date of January 1, 2022.
Agenda Item #10 - Accept Bullet Proof Vest Partnership Grant Funds
- WHEREAS, the U.S. Bureau of Justice Assistance (BJA) routinely solicits applications for federal grant funds under the Patrick Leahy Bullet Proof Vest Partnership (BVP); AND
- WHEREAS, this grant funding offers law enforcement agencies partial financial reimbursement (50%) for the purchase of bullet proof vests to protect officers; AND
- WHEREAS, the Cortland City Police Department routinely applies for and is awarded these grant funds; AND WHEREAS, the Cortland City Police Department has a policy of replacing bullet proof vests on a 5-year rotation; AND
- WHEREAS, the Cortland City Police Department routinely purchases 10 or more bullet proof vests annually, at a cost of approximately $1,000.00 each; AND
- WHEREAS, the Cortland City Police Department has applied for this grant funding for 2022 and received an award in the amount of $6,023.00; NOW, THEREFORE, BE IT
- RESOLVED, that the City of Cortland Common Council agrees to accept these grant funds and place them in the Cortland City Police Department budget (A3120-5408.00 Uniform & Safety) to help offset the cost of purchasing bullet proof vest for officers.
Agenda Item #11 - Property Conveyance
- WHEREAS, the City of Cortland has previously advised property owners that they may take possession of abutting vacant strips of land owned by the City of Cortland in exchange for covering any filing fees with the Cortland County Clerk; AND
- WHEREAS, the owner of property located at 14 Glenn Street, Cortland NY 13045 wishes to take possession of an abutting vacant strip of land owned by the City; NOW, THEREFORE, BE IT
- RESOLVED, that the Common Council does hereby approve the conveyance of a vacant strip of land owned by City, abutting western property lines of lots on western side of Glenn Street to Desiree Campbell of 14 Glenn Street (Tax Map ID 86.55-02-01000) in exchange for covering any filing fees with the Cortland County Clerk.
Agenda Item #12 - Authorize Repair to 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.
Agenda Item #13 - Accept and Recognize Donations to the 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
- Discussion Item #2 - Sidewalk Survey
