Cortland Common Council Agenda: December 6th, 2022

(Photo from The Cortland Voice's photo files).

Here is the agenda for Tuesday’s (December 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 to Reserve Property Tax Levy Authority Established in General Municipal Law §3-c

Public Hearing #2 - Proposed 2023 Budget

Public Hearing #3 - Proposed Local Law to Amend Chapter 241 Relative to Solid Waste and the Collection Thereof

Presentations

Presentation #1 - Paul Sandy, Chief of Police – Commendation of Police Officers

Presentation #2 - Diane Chu, Environmental Advisory Committee Member Re: No Mow May Proposal

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 - Approve Proposed Local Law to Reserve Property Tax Levy Authority Established in General Municipal Law §3-c

WHEREAS, the New York State Legislature enacted General Municipal Law §3-c which establishes a limit upon real property tax levies by local governments; AND
WHEREAS, pursuant to General Municipal Law §3-c (5), a local government may adopt a budget in excess of the tax levy limit only if the governing body of such local government first enacts a local law to override the tax levy limit for the coming fiscal year only; AND
WHEREAS, the Mayor submitted a tentative 2023 City budget which is below the tax levy limit, and the Common Council has filed a proposed 2023 City budget which is below the tax levy limit; AND WHEREAS, the City of Cortland is waiting for a financial audit to be completed; AND
WHEREAS, the findings of such audit or unforeseen changes in projected revenue or expenditures may require the Common Council to amend the adopted City budget during the course of the 2023 fiscal year; AND WHEREAS, the Common Council wishes to reserve the authority to exceed the tax levy limit in 2023 if deemed necessary; AND
WHEREAS, a public hearing on the proposed local law was held on December 6, 2022 and advertised in advance pursuant to Section 20 of the Municipal Home Rule Law of the State of New York; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council does hereby approve a local law to authorize the override of the tax levy limit for fiscal year 2023 if deemed necessary pursuant to Section 3-c (5) of the General Municipal Law; AND BE IT FURTHER
RESOLVED, that the proposed local law shall read as follows:

CITY OF CORTLAND, NEW YORK
LOCAL LAW NO. __ OF THE YEAR 2022
“RESERVE PROPERTY TAX LEVY AUTHORITY ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C”
Be it enacted by the Common Council of the City of Cortland as follows:
Section 1. Enactment and Title.
Legislative Intent: It is the intent of this local law to allow the City of Cortland to adopt a budget for the fiscal year 2023, commencing January 1, 2023, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.
Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Tax Levy Limit Override: The Common Council of the City of Cortland, County of Cortland, is hereby authorized to adopt a budget for the fiscal year 2023, commencing January 1, 2023, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
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 #2 - Approve Proposed Local Law to Amend Chapter 241 of the City Code Relative to Solid Waste and the Collection Thereof

WHEREAS, the City of Cortland created a Trash and Recycling Ad Hoc Committee to evaluate the City’s solid waste collection procedure, and concluded with a recommendation to the Mayor and the Common Council that a new collection system be implemented to better serve the community as a whole; AND
WHEREAS, the City’s current agreement for this service expires at the end of the 2022 fiscal year; AND
WHEREAS, a Request for Proposals was issued and Blue Moose Sanitation, Inc. was awarded the bid; AND
WHEREAS, as a result, on November 1, 2022, the Common Council passed Resolution No. 191, entitled “Authorize Agreement for the Collection of Trash and Recycling within the City of Cortland with Blue Moose Sanitation Services” authorizing the Mayor to execute an agreement with Blue Moose Sanitation, Inc.; AND
WHEREAS, the Chapter 241 of the City Code outlines the solid waste collection process, but is inconsistent with the approved program moving forward; AND
WHEREAS, this new benefit for the City and its residents, will requires a the Council to approve a local law in order to effectively revise Chapter 241 of the Code; AND
WHEREAS, a public hearing on the proposed local law was held on December 6, 2022 and advertised in advance pursuant to Section 20 of the Municipal Home Rule Law of the State of New York; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council does hereby approve a local law to amend Chapter 241 of the City Code relative to solid waste and the collection thereof; AND BE IT FURTHER
RESOLVED, that the proposed local law shall read as follows:

CITY OF CORTLAND, NEW YORK
LOCAL LAW NO. __ OF THE YEAR 2022
“AMEND CHAPTER §241 RELATIVE TO SOLID WASTE AND THE COLLECTION THEREOF”
Be it enacted by the Common Council of the City of Cortland as follows:
Section 1. Enactment and Title
§241-3. Depositing Materials for Collection.
A. No waste materials or refuse shall be placed at or near any curb, sidewalk or street for purposes of collection by the Department or its designated agent other than on particular days or during the particular time periods prescribed by the Superintendent or by this Chapter.
B. No person shall place any rubbish or recyclable material near any curb, sidewalk or street for purposes of collection by the Department or its designated agent unless that person complies with the following requirements. Commencing January 1, 2023:
All non-recyclable items and/or acceptable trash to be collected by the City or the City’s designated agent shall be placed in a City provided non- recyclable tote roll out cart (“Trash Tote”).
All non-recyclable items and/or acceptable trash that is designated for curbside pickup shall be placed at the curb for collection at times prescribed by the Superintendent or by this Chapter.
All mandatory recyclable material to be collected by the City or the City’s designated agent shall be placed in a City provided recyclables tote roll out cart (“Recyclables Tote”).
All recyclable material that is designated for curbside pickup shall be placed at the curb for collection at times prescribed by the Superintendent or by this Chapter.
C. No person shall place brush/rubble at or near any curb, sidewalk or street for purposes of collection by the Department other than as prescribed by the Common Council.
During City-wide spring and fall pickup of leaves and brush, the raking of leaves to the property owner’s curbside will be permitted.
Brush other than yard waste shall be securely tied in bundles, with no individual bundle exceeding 48 inches in length or 50 pounds in weight. No person shall put out more than two such bundles of brush for any one collection by the Department.
Yard waste will be collected at the discretion of and in a manner prescribed by the Superintendent.
Rubble will be collected at the discretion of and in a manner prescribed by the Superintendent.
D. When the Superintendent has prescribed that waste materials be collected on particular days or during particular periods, any person placing such waste materials at or near any curb, sidewalk or street for purposes of collection by the Department, City, or City’s designated agent, shall comply with the following requirements:
The waste material shall be of the type announced by the Superintendent or as prescribed by this Chapter.
The waste materials shall be placed for collection at the times specified by the Superintendent or as prescribed by this Chapter.
The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Superintendent or as prescribed by this Chapter.
E. All refuse and waste materials that are to be collected by the Department, City, or City’s designated agent shall be placed for collection at or near a curb, sidewalk or street between 5:00 P.M. on the day before a property’s designated collection day and 7:00 A.M. on the day of a property’s designated collection day.
F. No person shall place any refuse or waste material at or near sidewalk or street other than the curb, sidewalk or street immediately in front of the property from which the waste was generated
§241-4. Properties Eligible for Participation in the City of Cortland Waste Collection Program.
A. Residential Properties:
Single Family Residences (New York State Property Class Code 210) located within the City of Cortland automatically qualify for participation in the City’s Waste Collection Program prescribed by this Chapter. The City shall provide one (1) Trash Tote and one (1) Recyclables Tote to each Single Family Residences.
Two-Family Residences (New York State Property Class Code 220) located within the City of Cortland automatically qualify for participation in the City’s Waste Collection Program prescribed by this Chapter. The City shall provide one (1) Trash Tote and one (1) Recyclables Tote to each residential unit within said Two-Family Residences.
Three-Family Residences (New York State Property Class Code 230) located within the City of Cortland automatically qualify for participation in the City’s Waste Collection Program prescribed by this Chapter. The City shall provide one (1) Trash Tote and one (1) Recyclables Tote to each residential unit within said Three-Family Residences.
B. Additional City Tote Roll Out Carts. Owners of properties that qualify for participation in the City’s Waste Collection Program who desire additional totes beyond those provided by the City may purchase the same from the City, subject to any limitation duly set forth by the Common Council.
§241-5. Empty Refuse and Waste Containers.
A. All empty refuse containers and empty waste material containers shall be removed from the curb, sidewalk or street where placed for collection no later than 11:59 P.M. on the same day designated for that property’s collection.
B. Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street twenty-four (24) hours after a designated collection day may be picked up and/or disposed of by the Department or City.
C. The provisions of §241-5 are applicable to all properties and property owners, whether participating in the City’s Waste Collection Program or not.
§241-6. Uncollected Refuse and Waste Material.
Where the Department, City, or City’s designated agent has not collected certain refuse and/or waste material because said materials were not placed or prepared in accordance with the provisions of this Chapter, the person responsible for putting said refuse or waste materials at or near a curb, sidewalk or street for collection by the Department, City, or City’s designated agent shall remove said refuse or waste material from said located as soon as possible after the collection was refused, and in any event, no later than 11:59 P.M. on the designated collection day.
§241-7. Noncompliance.
A. Whenever a person places refuse or other waste material at or near a curb sidewalk or street for collection by the City without complying with the provisions of this Chapter or fails to comply with rules and regulations prescribed by the Common Council, the Department may choose to do one of the following:
Correct the error in preparation and place said refuse or waste materials in a non-public-health threatening storage area and place at the curb on the next regularly scheduled collection date.
Correct the error in preparation and contact the City’s designated agent or hauler who, for an additional cost, may pick up correctly prepared refuse or waste materials before the next regularly scheduled collection date.
Correct the error in preparation and transport said recyclables to the county material recovery facility and non-recyclable waste materials to the county landfill.
B. If an owner or identifiable occupant fails to remove refuse or waste materials by 11:59 P.M. on the instant designated collection day, the Department shall effectuate the collection of said refuse and/or waste material, and shall charge said owner or identifiable occupant with a service charge fixed by the Common Council. The Department or City designee shall provide written notice of the service charge to the owner or identifiable occupant as soon as feasible after the collection of said waste in question.
C. Whenever refuse and/or waste material has been placed for collection by the Department or designated agent after 7:00 A.M. on the scheduled collection day, the Department or its designated agent may, in its own discretion, choose to respond positively or negatively to a request by the property owner of the property from which such waste was generated, that the Department, or its designated agent return to the property and collect that waste material. When the Department agrees to return to the property and collect that waste material, it shall assess a special service charge against that property owner and/or property as prescribed by the Common Council.
D. For any non-scheduled collection of refuse or waste material by the City, the City shall assess a special service charge against the responsible property owner and/or identifiable occupant. Such special service charge shall be in accordance with the provisions of this Chapter.
§241-8. Ownership of Recyclable Materials Placed for Collection.
A. When the recyclable materials are picked up by the Department or its designated agent, said materials shall be the property of the City of Cortland.
B. No person acting without City authority shall collect, pick up, remove or cause to be collected, or removed, any recyclable materials so placed for collection.
C. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this subsection; provided, however, that where the Department or its designated agent has refused to collection certain recyclable materials because they have not been placed or treated in accordance with the provisions of this Chapter, the person responsible for initially placing those materials for collection shall remove those materials from any curb, sidewalk or streets side in accordance with the provisions of this Chapter.
§241-9. Private Waste Haulers.
A. Nothing in this Chapter, or any other terms of the City’s Waste Collection Program, shall prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and/or waste materials generated by that person or by the property owned by that person.
B. Notwithstanding the terms of §241-9.A. those who opt to utilize the service of a private waste hauler shall otherwise comply with the waste collection rules and procedures prescribed in this Chapter, by the Superintendent, or by the Common Council, including but not limited to: 1) compliance with the designated waste collection day for that property, and 2) the time frames set forth for collection on designated waste collection days.
C. Moreover, those who choose to “opt out” of the City Waste Collection Program pursuant to §241-9 must use covered waste receptacles when putting refuse and/or waste materials at the curb, sidewalk, or street.
§241-10. Illegal Dumping.
The disposal of refuse or waste materials on the property of another in a manner other than as permitted by this Chapter shall constitute illegal dumping.
§241-11. Enforcement; Penalties for Offenses.
A. Any person violating the provisions of this Chapter, other than the provisions contained in §241-10, shall be subject to the following administrative penalties and/or fines:
Warning for the first offense, plus the cost incurred to have the waste removed.
$25.00 fine for the second offense, plus the cost incurred to have the waste removed.
$50.00 fine for the third and each subsequent offense, plus the cost incurred to have the waste removed.
B. Any person violating the provisions of §241-10 of this Chapter shall be subject to the following administrative penalties and/or fines:
$250.00 fine for the first offense, plus the cost incurred to have the waste removed.
$300.00 fine for the second offense, plus the cost incurred to have the waste removed.
$500.00 fine for the third and each subsequent offense, plus the cost incurred for removal.
C. The provisions of this Chapter are severable. If any provision of this Chapter, or its application to any person or circumstance is held to be invalid, said invalidity shall not affect any other provision or application of this Chapter that can be given effect without utilizing an invalid provision or application of the law.
D. All provisions of any other City of Cortland local law or ordinance that are inconsistent with the provisions of this Chapter are hereby repealed.
§241-12. Regulations.
Both the Board and the Common Council shall each have the authority to adopt whatever regulations are consistent with this Chapter, and shall have the authority to continue to enforce any existing regulations that are consistent with this Chapter.
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 #3 - Authorize Participation in the New York Cooperative Liquid Assets Securities System (NYCLASS) Municipal Cooperation Agreement

WHEREAS, the City of Cortland wishes to maximize the yield of return on current financial investments and cash reserves, as well as assure the safety and liquidity needs of its funds; AND
WHEREAS, the New York Cooperative Liquid Assets Securities System (NYCLASS) was established in 1989 as a cooperative investment program organized under a municipal cooperation agreement made pursuant to New York General Municipal Law to provide a short-term, highly-liquid investment vehicle designed specifically for public sector funds and and managed to provide the highest interest for liquid funds; AND
WHEREAS, NYCLASS is rated ‘AAAm’ by S&P Global Ratings Services, the highest rating assigned to principal stability government investment pools, and which signifies the fund's ability to maintain stable net asset value through conservative investment practices and strict internal controls; AND
WHEREAS, the City of Cortland wishes, therefore, to invest portions of its available investment funds in cooperation with other corporations and districts pursuant to the NYCLASS Municipal Cooperation Agreement as amended and restated as of March 28, 2019; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to execute any necessary account registration and other documents to enable the City of Cortland to participate in the New York Cooperative Liquid Assets Securities System (NYCLASS) Municipal Cooperation Agreement.

Agenda Item #4 - Authorize Agreement with Pracademic Partners, LLC for Consultative and Recruitment Assistance for the Position of Director of Administrations and Finance

WHEREAS, the Common Council approved Resolution No. 172 of 2022 titled “Appoint Hiring Search Committee for the Position of Director of Administration & Finance;” AND
WHEREAS, said resolution provided Council consent to the Mayoral appointments to a committee tasked with advertising for, interviewing and making a hiring recommendations to the Common Council; AND
WHEREAS, the search committee has recommended contracting for outside, full-service consultative assistance to advertise for, recruit, screen and assist in the interview of candidates in an expeditious fashion; AND
WHEREAS, after interviewing professional recruitment agencies, the search committee recommends contracting with Pracademic Partners, LLC, whose President, Ian M. Coyle brings experience includes successful recruitment of city managers and municipal administrators within New York State, and experience serving as a County Administrator and President of the New York State City/County Management Association; AND
WHEREAS, the search committee has reviewed the proposed scope of work submitted by Mr. Cole with the goal of completing a search process in a 75-90 day phase for a cost of $18,000; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to enter into an agreement with Pracademic Partners, LLC for consultative assistance to advertise for, recruit, screen and assist in the interview of candidates for the position of Director of Administrations and Finance for a fee of $18,000.

Agenda Item #5 - Authorize Dog License Fee Schedule

WHEREAS, the City of Cortland Administrative Code §74-18 authorizes the City Clerk to issue dog licenses and provides that dog license fees shall be established by resolution of the Common Council; AND
WHEREAS, the Common Council last changed the fees for dog licenses effective January 1, 2011; AND
WHEREAS, the Code provides that the total fee for an unaltered (not spayed or neutered) dog shall be at least $5 more than the total fee for an altered dog; AND
WHEREAS, the City’s current dog license fees of $7.50 for an altered dog and $18.00 for an unaltered dog are below those fees of neighboring and nearby municipalities; AND
WHEREAS, the City has licensed in the year-to-date approximately 733 altered dogs with license fees totaling Approximately $5,500.00, and approximately 154 unaltered dogs with license fees totaling approximately $2,800.00; AND
WHEREAS, New York State Agriculture and Markets Law Section 110(3) requires all municipalities issuing dog licenses to collect surcharges of at $1.00 for altered dogs and at least $3.00 for unaltered dogs and to remit such funds to the Department of Agriculture and Markets for deposit in the animal population control fund; AND
WHEREAS, all revenue derived from license fees exclusive of the state surcharge shall be the sole property of the City and shall be used only for controlling dogs and enforcing Article 7 of the New York State Agriculture and Markets Law, and to subsidize the spaying or neutering of dogs, any facility as authorized under Article 7 of the Agriculture and Markets Law, and public humane education programs in responsible dog ownership; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council does hereby establish the following dog license fees effective January 1, 2023:

AND BE IT FURTHER RESOLVED, that $5.00 of the fee for unaltered dogs, which is estimated to be approximately $850.00, shall be allocated to the Central New York Spay and Neuter Assistance Program (CNY SNAP) consistent with Article 7 of the New York State Agriculture and Markets Law.

Agenda Item #6 - Authorize Submission of a Grant for Funds to Address Ash Tree Loss in the City and to Execute Grant Documents if Awarded

WHEREAS, the City of Cortland has experienced Ash tree loss as a result of the Emerald Ash Borer and has many Ash trees located in the City’s Urban Forest; AND
WHEREAS, the New York State Department of Environmental Conservation (DEC), though funding from the federal government, has established a program to improve the tree canopy in identified disadvantaged and environmental justice areas in order to address the issue of Ash tree loss; AND
WHEREAS, a significant portion of the City qualifies for such funding; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to sign and file an application from the New York State Department of Environmental Conservation under the Tree Planting in Disadvantaged Communities After Ash Loss Program for an amount not to exceed $50,000.00, said funds to be used to address the removal of diseased or at-risk Ash trees and the planting of new trees in the City’s urban forest; AND BE IT FURTHER
RESOLVED, that if such grant application is approved, the Common Council authorizes the Mayor to enter into and execute a grant agreement and any other necessary documents for such state financial assistance to the City of Cortland.

Agenda Item #7 - Authorize Agreement with Bernier, Carr & Associates for the Design of Phase V – Homer Avenue Gateway Improvements Project

WHEREAS, the City of Cortland is committed to assessing and upgrading our aging infrastructure and roadways; AND
WHEREAS, the Homer Avenue Gateway Improvements Project will have a positive impact on the City and the traveling public; AND
WHEREAS, the City of Cortland has selected Bernier, Carr & Associatesto provide services that include the study, reporting and preliminary design phases as they relate to the funding acquisition of this initiative; AND
WHEREAS, the project may entail design of new asphalt pavement, sidewalk, curb, water main, sanitary sewer, storm sewer, traffic control and pedestrian accommodations, street lighting, as well as green infrastructure initiatives; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to enter in an agreement with Bernier, Carr & Associates for services related to the Homer Avenue Gateway Improvements Project that include the study, reporting and preliminary design phases as they relate to the funding acquisition for a cost of $72,500.00.

Agenda Item #8 - Authorize Agreement with Bernier, Carr & Associates for the Design of the City of Cortland Tompkins Street Improvement Project

WHEREAS, the City of Cortland is committed to assessing and upgrading our aging infrastructure and roadways; AND
WHEREAS, the Tompkins Street Improvement Project will have a positive impact on the City and the traveling public; AND
WHEREAS, the City of Cortland has selected Bernier, Carr & Associates to provide services that include the study, reporting and preliminary design phases as they relate to the funding acquisition of this initiative; AND
WHEREAS, the project may entail design of new asphalt pavement, sidewalk, curb, water main, sanitary sewer, storm sewer, traffic control and pedestrian accommodations, street lighting, as well as green infrastructure initiatives; NOW, THEREFORE, BE IT
RESOLVED that the City of Cortland Common Council authorize Mayor Steve to enter in an agreement with Bernier, Carr & Associates for services relating to the Tompkins Street Improvement Project that include the study, reporting and preliminary design phases as they relate to the funding acquisition of this initiative for a cost of $72,500.00

Agenda Item #9 - Agreement with Bernier, Carr & Associates for the Design of the Perplexity Creek Realignment Project Which is a Continuation of the Ongoing Southside Drainage Initiative

WHEREAS, the City of Cortland is committed to implementing measures that investigate and mitigate flooding within our community; AND
WHEREAS, this project will have a positive impact on the area as outlined in the Southside Drainage Preliminary Engineering Report from 2016; AND
WHEREAS, the City of Cortland has selected Bernier, Carr & Associates to complete a topographic survey, hydrologic analysis, and construction drawings/details in order to advertise the project for bid; AND
WHEREAS, basic services shall be performed for a lump sum fee of $62,000. Fees for Resident Project Representative will be on an hourly basis and are estimated at $23,000. Fees for Additional Services will be on an hourly basis, estimated $14,500 in Compensation; NOW, THEREFORE, BE IT
RESOLVED that the City of Cortland Common Council authorize Mayor Steve to enter in an agreement with Bernier, Carr & Associates for design services relating to the Perplexity Creek Realignment Project as part of the Southside Drainage Initiative that include a topographic survey, hydrologic analysis, and construction drawings and details in order to advertise the project for bid; AND BE IT FURTHER
RESOLVED, that basic services as part of said agreement shall be performed for a lump sum fee of $62,000.00; fees for Resident Project Representatives shall be on an hourly basis, estimated at $23,000.00; and fees for additional services shall be on an hourly basis, estimated at $14,500.00

Agenda Item #10 - Authorize Memorandum of Agreement with SUNY Cortland for Use of City Property and Assistance with the City’s Geographic Information Systems (GIS) Program

WHEREAS SUNY Cortland requires use of outdoor property located at 75 Broadway Avenue, Cortland for competition space for cross country meets and other campus activities; AND
WHEREAS the City of Cortland requires assistance with their Geographic Information Systems (GIS) program; AND
WHEREAS SUNY Cortland has resources to assist with the GIS program; AND
WHEREAS, SUNY Cortland and the City of Cortland wish to establish their respective duties, obligations and rights in the form of a Memorandum of Agreement; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to sign a Memorandum of Agreement with SUNY Cortland to grant SUNY Cortland use of outdoor property located at 75 Broadway Avenue, Cortland for competition space for cross country meets and other campus activities and to receive from SUNY Cortland assistance with the City’s Geographic Information Systems (GIS) program.

Agenda Item #11 - Authorize School Resource Officer Memorandum of Understanding with the Cortland City School District

WHEREAS, the Cortland City Police Department has had a full-time uniformed police officer in the position of School Resource Officer (SRO) in the Cortland City School District since 2007, based upon an annual Memorandum of Understanding identifying the duties of the position and the cost sharing between the two entities and financial sharing for the position of the two entities; AND
WHEREAS, the Cortland City School District stated its willingness to absorb the total cost of a part-time SRO in addition to the full-time and alleviating the financial obligation of the Cortland City Police Department for this position; AND
WHEREAS, the financial savings to the Cortland City Police Department allowed those funds to be re-directed to place an additional full-time police officer in the Patrol Division; AND
WHEREAS, the Common Council approved Resolution No. 27 of 2022 on February 1, 2022 authorizing a Memorandum of Understanding with the Cortland City School District for the part-time SRO which expires December 31, 2022; NOW THEREFORE, BE IT,
RESOLVED, that the City of Cortland Common Council does hereby affirm that the Cortland City Police Department may enter into a Memorandum of Understanding with the Cortland City School District to maintain the part-time School Resource Officer position in 2023 at no cost to the City of Cortland.

Agenda Item #12 - Authorize Updated Canine Memorandum of Understanding with Police Department Canine Officers

WHEREAS, the Cortland City Police has maintained a Canine Program since 2013, which is almost fully funded through donations; AND
WHEREAS, the canines are the property of the Cortland City Police Department, but are housed and maintained by the assigned Canine Handler; AND
WHEREAS, the Cortland City Police Department is required under the “Garcia Law” to compensate the Canine Handler for care and maintenance of the canine when not at work; AND
WHEREAS, the Cortland City Police Department drafted an Memorandum of Understanding (MOU) in 2013 to outline duties and compensation for the Canine Handlers; AND
WHEREAS, modifications have recently been proposed to the 2013 MOU to clarify duties and provide fairer compensation to the Canine Handlers; AND
WHEREAS, the new Canine MOU will treat all Canine Handlers equally and clarify the expectations of both the Canine Handler and the Cortland City Police Department; NOW THEREFORE BE IT
RESOLVED, that the City of Cortland Common Council hereby authorizes Mayor Steve and the Chief of Police to enter into a new Canine Memorandum of Understanding with the Police Department’s Canine Handlers and the Cortland Police Benevolent Association (PBA).

Agenda Item #13 - Declare Impound Lot Vehicles Abandoned and Authorize Their Sale as Scrap

WHEREAS, the Cortland City Police Department operates and maintains an impound lot where vehicles are towed when found to be in violation of the Vehicle and Traffic Law or Penal Law of the State of New York; AND
WHEREAS, the Cortland City Police Department has authority to charge a daily impound fee for vehicles maintained at the impound lot; AND
WHEREAS, the Cortland City Police Department routinely has vehicles which have been declared abandoned under New York State Law as the owners do not wish to pay the impound fees; AND
WHEREAS, the Cortland City Police Department has limited space to store these abandoned vehicles; AND
WHEREAS, the Cortland City Police Department must dispose of these vehicles periodically, either through auction or sale as scrap; AND
WHEREAS, the funds generated from the disposal of these abandoned vehicles are returned to the Police Department budget (A3120-520600-Operating Equipment), which helps fund the purchase of new police vehicles and equipment; AND
WHEREAS, the Cortland City Police Department currently has eighteen (18) abandoned vehicles in storage at the impound lot which must be disposed of to make space available for future needs; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council does hereby authorize the Cortland City Police Department to sell the eighteen (18) abandoned vehicles at the impound lot for scrap and place all proceeds from such sale into budget line A3120-520600-Operating Equipment to be utilized towards the purchase of new police vehicles and equipment.

Agenda Item #14 - 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 City of Cortland 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

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CITY OF CORTLAND, NEW YORK

LOCAL LAW NO. __ OF THE YEAR 2022

“RESERVE PROPERTY TAX LEVY AUTHORITY ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C”

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

Section 1. Enactment and Title.

Legislative Intent: It is the intent of this local law to allow the City of Cortland to adopt a budget for the fiscal year 2023, commencing January 1, 2023, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Tax Levy Limit Override: The Common Council of the City of Cortland, County of Cortland, is hereby authorized to adopt a budget for the fiscal year 2023, commencing January 1, 2023, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 2. Separability.

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.

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO. __ OF THE YEAR 2022

“AMEND CHAPTER §241 RELATIVE TO SOLID WASTE AND THE COLLECTION THEREOF”

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

Section 1. Enactment and Title

§241-3. Depositing Materials for Collection.

A. No waste materials or refuse shall be placed at or near any curb, sidewalk or street for purposes of collection by the Department or its designated agent other than on particular days or during the particular time periods prescribed by the Superintendent or by this Chapter.

B. No person shall place any rubbish or recyclable material near any curb, sidewalk or street for purposes of collection by the Department or its designated agent unless that person complies with the following requirements. Commencing January 1, 2023:

All non-recyclable items and/or acceptable trash to be collected by the City or the City’s designated agent shall be placed in a City provided non- recyclable tote roll out cart (“Trash Tote”).

All non-recyclable items and/or acceptable trash that is designated for curbside pickup shall be placed at the curb for collection at times prescribed by the Superintendent or by this Chapter.

All mandatory recyclable material to be collected by the City or the City’s designated agent shall be placed in a City provided recyclables tote roll out cart (“Recyclables Tote”).

All recyclable material that is designated for curbside pickup shall be placed at the curb for collection at times prescribed by the Superintendent or by this Chapter.

C. No person shall place brush/rubble at or near any curb, sidewalk or street for purposes of collection by the Department other than as prescribed by the Common Council.

During City-wide spring and fall pickup of leaves and brush, the raking of leaves to the property owner’s curbside will be permitted.

Brush other than yard waste shall be securely tied in bundles, with no individual bundle exceeding 48 inches in length or 50 pounds in weight. No person shall put out more than two such bundles of brush for any one collection by the Department.

Yard waste will be collected at the discretion of and in a manner prescribed by the Superintendent.

Rubble will be collected at the discretion of and in a manner prescribed by the Superintendent.

The waste material shall be of the type announced by the Superintendent or as prescribed by this Chapter.

The waste materials shall be placed for collection at the times specified by the Superintendent or as prescribed by this Chapter.

The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Superintendent or as prescribed by this Chapter.

F. No person shall place any refuse or waste material at or near sidewalk or street other than the curb, sidewalk or street immediately in front of the property from which the waste was generated

§241-4. Properties Eligible for Participation in the City of Cortland Waste Collection Program.

A. Residential Properties:

B. Additional City Tote Roll Out Carts. Owners of properties that qualify for participation in the City’s Waste Collection Program who desire additional totes beyond those provided by the City may purchase the same from the City, subject to any limitation duly set forth by the Common Council.

§241-5. Empty Refuse and Waste Containers.

A. All empty refuse containers and empty waste material containers shall be removed from the curb, sidewalk or street where placed for collection no later than 11:59 P.M. on the same day designated for that property’s collection.

B. Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street twenty-four (24) hours after a designated collection day may be picked up and/or disposed of by the Department or City.

C. The provisions of §241-5 are applicable to all properties and property owners, whether participating in the City’s Waste Collection Program or not.

§241-6. Uncollected Refuse and Waste Material.

§241-7. Noncompliance.

Correct the error in preparation and place said refuse or waste materials in a non-public-health threatening storage area and place at the curb on the next regularly scheduled collection date.

Correct the error in preparation and contact the City’s designated agent or hauler who, for an additional cost, may pick up correctly prepared refuse or waste materials before the next regularly scheduled collection date.

Correct the error in preparation and transport said recyclables to the county material recovery facility and non-recyclable waste materials to the county landfill.

D. For any non-scheduled collection of refuse or waste material by the City, the City shall assess a special service charge against the responsible property owner and/or identifiable occupant. Such special service charge shall be in accordance with the provisions of this Chapter.

§241-8. Ownership of Recyclable Materials Placed for Collection.

A. When the recyclable materials are picked up by the Department or its designated agent, said materials shall be the property of the City of Cortland.

B. No person acting without City authority shall collect, pick up, remove or cause to be collected, or removed, any recyclable materials so placed for collection.

§241-9. Private Waste Haulers.

A. Nothing in this Chapter, or any other terms of the City’s Waste Collection Program, shall prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and/or waste materials generated by that person or by the property owned by that person.

C. Moreover, those who choose to “opt out” of the City Waste Collection Program pursuant to §241-9 must use covered waste receptacles when putting refuse and/or waste materials at the curb, sidewalk, or street.

§241-10. Illegal Dumping.

The disposal of refuse or waste materials on the property of another in a manner other than as permitted by this Chapter shall constitute illegal dumping.

§241-11. Enforcement; Penalties for Offenses.

A. Any person violating the provisions of this Chapter, other than the provisions contained in §241-10, shall be subject to the following administrative penalties and/or fines:

Warning for the first offense, plus the cost incurred to have the waste removed.

$25.00 fine for the second offense, plus the cost incurred to have the waste removed.

$50.00 fine for the third and each subsequent offense, plus the cost incurred to have the waste removed.

B. Any person violating the provisions of §241-10 of this Chapter shall be subject to the following administrative penalties and/or fines:

$250.00 fine for the first offense, plus the cost incurred to have the waste removed.

$300.00 fine for the second offense, plus the cost incurred to have the waste removed.

$500.00 fine for the third and each subsequent offense, plus the cost incurred for removal.

D. All provisions of any other City of Cortland local law or ordinance that are inconsistent with the provisions of this Chapter are hereby repealed.

§241-12. Regulations.

Both the Board and the Common Council shall each have the authority to adopt whatever regulations are consistent with this Chapter, and shall have the authority to continue to enforce any existing regulations that are consistent with this Chapter.

Section 2. Separability.

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.