Cortland Common Council Agenda: December 20th, 2022

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

Here is the agenda for Tuesday’s (December 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

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
• Proposed 2023 City Budget for Adoption as Final 2023 City Budget
• Minutes from December 6, 2022

Resolutions

Agenda Item #1 - Adopt 2023 City Budget

• WHEREAS, the City of Cortland Common Council approved Resolution No. 203 of 2022 on November 15, 2022, thereby filing the 2023 Proposed City Budget with the City Clerk; AND
• WHEREAS, upon such filing, the City Clerk made the 2023 Proposed City Budget available to the public, and published in the official newspaper of the City an itemized abstract of the proposed City budget and a notice of the place and time at which the Common Council would hold a public hearing on the Proposed City Budget; AND
• WHEREAS, a public hearing was held on the 6th day of December, 2022 at 6:00 p.m. prior to a scheduled regular meeting of the Common Council at which said time any person could be heard for or against the Proposed City budget, or any item thereof; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby adopt the 2023 Final City Budget, said budget being unchanged from the Proposed City Budget filed with the City Clerk pursuant to Resolution No. 203 of 2022; AND BE IT FURTHER
• RESOLVED, that, pursuant to Article XXI Section C21-12 of the City Charter, four (4) copies of the adopted 2023 City Budget shall be certified by the City Clerk, with one (1) such copy to be filed in the office of the Mayor and one (1) each in the offices of the Director of Administration and Finance, the City Clerk, and one (1) placed in Cortland Free Library, with additional certified copies to be printed or otherwise reproduced as needed; AND BE IT FURTHER
• RESOLVED, that the City Clerk shall make the adopted 2023 City Budget available to the public by printed copy and electronically on the City’s website.

Agenda Item #2 - Authorize City Negotiation with the County Relative to the Current Sales Tax Sharing Agreement 

• WHEREAS, the County currently imposes a sales tax on retail sales and other similar transaction for compensatory use taxes in Cortland County, as authorized by New York State Tax Law §1201; AND
• WHEREAS, the current Sales Tax Sharing Agreement expires on December 31, 2028, but allows for termination by either party any time after June 1, 2023, upon giving the other party a six (6) month notice to terminate as authorized by two-third (2/3) of the terminating party’s governing board; AND
• WHEREAS, each municipality, including the City of Cortland, is allocated on a quarterly basis their pro-rated share of sales tax based on upon each respective population; AND
• WHEREAS, the Sales Tax Sharing agreement allows for alternative methods of allocating sales tax proportions upon mutual agreement of the City’s and the County’s respective governing boards, together with approval by the State Comptroller; AND
• WHEREAS, the City of Cortland Common Council and Mayor have a fiduciary responsibility to act in the best financial interests of the City and on behalf of its residents and businesses; AND
• WHEREAS, a predominance of non-taxable real estate within the City of Cortland constitute a majority of Cortland County’s not-for-profit organizations such as those providing education, healthcare, religious and governmental services; AND
• WHEREAS, in light of the June 1, 2023 Agreement clause, the City is actively looking into alternative sales tax revenue sharing methods such as an “assessed property value” approach, as well as the possibility of exercising its right to pre-empt its sales tax and is exploring what benefit any such alternatives may have for the City of Cortland and its taxpayers; NOW, THEREFORE, BE IT
• RESOLVED, that in consideration of the upcoming June 1, 2023 Sales Tax Sharing Agreement clause, the City of Cortland Common Council hereby authorizes Mayor Steve to enter into negotiations with the County of Cortland relative to the current sales tax sharing approach and allocation to the City.

Agenda Item #3 - Authorize 2023 Amended Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium

• WHEREAS, the City of Cortland has been a participant since 2013 in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law; AND
• WHEREAS, the municipal participants in the Consortium, have approved and executed a Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and the 2023 Amendment that provides for the operation and governance of the Consortium; AND
• WHEREAS, the amendments to the Agreement relate to the addition of municipal participants, and transfer of duties from a Board Treasurer to a Consortium Finance Manager; AND WHEREAS, the amendments to the Agreement do not change any health insurance or benefits provided to City employees or retirees; AND
• WHEREAS, the Consortium's Board of Directors has recommended approval of the 2023 amended agreement; AND
• WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by each municipal board; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council approves and authorizes Mayor Steve to sign the 2023 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium; AND BE IT FURTHER
• RESOLVED, that the City Clerk is hereby authorized to certify this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law.

Agenda Item #4 - Authorize Mayor to Enter into an Agreement on behalf of the City of Cortland for Property, Casualty, Auto, and Professional Liability Insurance Coverage Effective January 1, 2023

• WHEREAS, the City of Cortland’s coverage for property, casualty, auto, and professional liability insurance expires at the end of 2022; AND
• WHEREAS, the City is currently at its constitutional tax limit, and the New York State Comptroller’s Office released a recent report on the City’s financial condition, with an indication that the City is susceptible to fiscal stress, and needs to make financially prudent decisions moving forward; AND
• WHEREAS, it was recommended that the City solicit bids for insurance coverage every three (3) years, but the City’s coverage for property, casualty, auto, and professional liability insurance has not been put out to bid for approximately seven (7) years; AND
• WHEREAS, the City’s insurance broker, together with the Mayor, are currently involved in negotiations with two (2) providers with the goal of reducing the financial burden that results from the City’s current policy; AND
• WHEREAS, the agreements being considered preliminarily show a minimum of twenty percent (20%) savings, while increasing the City’s umbrella coverage approximately twenty-five percent (25%); NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council hereby authorizes Mayor Steve to enter into an agreement with the insurance company that meets all qualifications necessary to provide the City of Cortland with coverage that best meets its liability and financial needs.

Agenda Item #5 - Authorize City to Enter Into Agreements with Certain Property Owners for Trash and Recycling Pickup

• WHEREAS, the City of Cortland has for many years, under informal agreement, picked up trash contained in the City’s “blue bags” and recycling from residences that are outside the boundaries of the City but located along established City trash and recycling pick up routes, as well as businesses within the City; AND
• WHEREAS, the Common Council wishes to formalize such agreements under certain conditions and terms; AND
• WHEREAS, Blue Moose Sanitation, Inc. has determined that such arrangements will not impact trash and recycling program operations or increase costs; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council authorizes Mayor Steve or his designee to enter into written agreements between the City of Cortland and residents located outside the boundaries of the City that are along routes established by the City and Blue Moose Sanitation, Inc., as well as businesses within the City; AND BE IT FURTHER
• RESOLVED, that a condition of such agreements is that such residents and business owners pay the City of Cortland an annual cost of $250 for use of City-provided trash and recycling totes, and that they comply with all requirements of the City’s trash and recycling program; AND BE IT FURTHER
• RESOLVED, that the City shall decline to enter into such agreements if the City or Blue Moose Sanitation, Inc. determine that such properties are not along established routes or would otherwise effect normal operations; AND BE IT FURTHER
• RESOLVED, that the terms of such agreements and costs for totes shall be reviewed annually and the Common Council may amend such costs and amend or cancel such agreements.

Agenda Item #6 - Authorize Public Hearing for Restore NY Grant Application 

• WHEREAS, the City of Cortland wishes to facilitate the renovation and reuse of an historic, vacant, building located at 85-99 Madison Street in the City of Cortland which formerly housed Parker Elementary School for residential use; NOW, THEREFORE, BE IT
• RESOLVED, that on January 3, 2022 at 6:00 p.m. prior to its scheduled regular meeting, the Common Council shall hold a public hearing to allow for public comments on submission of a Restore NY grant application in the amount of $2 million to facilitate the renovation of the building that formerly housed Parker Elementary School for residential use, and that the City Clerk shall publish notice of such hearing in the official newspaper of the City of Cortland.

Agenda Item #7 - Declare No Mow May for 2023

• WHEREAS, plants of all types including food crops, gardens, trees and others depend on pollinators to reproduce; AND
• WHEREAS, pollinators have been under significant anthropogenic pressure in recent years resulting in significant decline; AND
• WHEREAS, early spring is a time of vulnerability for pollinators as they emerge from hibernation and food sources are scarce; AND
• WHEREAS, residential yards can be an important stopgap nectar source for pollinators if left to grow naturally during this critical period; AND WHEREAS, lawn mowing removes flowers of violets, dandelions, and other flowering lawn plants; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council declares the month of May, 2023 as No Mow May and invites homeowners to register their properties to participate by pledging not to mow in the month of May; AND, BE IT FURTHER
• RESOLVED, that the City of Cortland Code Department is directed to not issue citations during the month of May, 2023 for lawn height for properties which are enrolled in the No Mow May program.

Agenda Item #8 - Authorize Purchase and Transfer of Funds for Replacement of Mask Fit Test Certification Machine

• WHEREAS, in the daily operations of firefighters in the Fire Department, they are required to use Self Contained Breathing Apparatus (SCBA) which protects them from all of the carcinogens and hazards associated with structural firefighting as well as hazardous materials and confined space response; AND
• WHEREAS, annual certification and fit testing of masks used by each individual firefighter is required by Federal Regulation Standard 29 CFR 1910.134 (Respiratory Protection) which is used to verify proper fitting of SCBA Masks for the protection of each individual; AND
• WHEREAS, the current machine used by the department for fit testing is 14 years old, and may need repairs to comply with basic calibration requirements and, due to its age, may not be able to be repaired; AND
• WHEREAS, fit testing is required for the Police and Wastewater Department of the City as well as the Fire Department totaling a minimum of 100 individual tests annually; AND
• WHEREAS, the anticipated cost to perform fit testing by an outside contractor, as well as the logistics to perform this large number of tests, is not fiscally or logistically feasible for the City; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes the Fire Chief to purchase a replacement respiratory fit test machine with additional appropriate equipment and five (5) year warranty and calibration service from TSI Incorporated for a total of $13,545 with funding coming from Fire Department A3410-542002 which shall be reimbursed from Contingency Account A1325-41120. This unit is compatible and will be used by all departments within the City of Cortland; AND BE IT FURTHER
• RESOLVED, that the Common Council declares the current Porta Count fit test machine model #8030 (S/N 8030091364) surplus and authorizes said unit to be traded in on the replacement machine to offset total cost.

Agenda Item #9 - Authorize Application and Fee Payment to the Environmental Protection Agency (EPA) for the Homer Avenue Water Infrastructure Finance and Innovation Act (WIFIA) Loan

• WHEREAS, the City of Cortland is committed to assessing and upgrading its aging infrastructure and roadways; AND
• WHEREAS, the Homer Avenue Gateway Improvements Project will have a positive impact on the City, its residents and the traveling public; AND
• WHEREAS, the City has been provided a Water Infrastructure Finance and Innovation Act (WIFIA) loan offer; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to sign and submit the finding application to The U.S. Environmental Protection Agency (EPA) and authorizes the payment of the $25,000.00 application fee to EPA.

Agenda Item #10 - Authorize Mayor to Issue Vermicomposting Request for Proposals (RFP) and Negotiate County Partnership for Hosting Same

• WHEREAS, the City of Cortland is the recipient of a New York State Department of Environmental Conservation (DEC) grant for a vermicomposting pilot project; AND
• WHEREAS, the City has had difficulty finding a suitable site for the pilot within the City proper; AND
• WHEREAS, City and County staff have identified the County landfill site as a suitable location for the pilot; AND
• WHEREAS, a successful pilot will confer benefits of diversion of organics from landfill burial, prevention of methane generation, and creation of beneficial products, among others; AND
• WHEREAS, further exploration of the County landfill as a workable site for this pilot will be well served by knowledge of the costs involved; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to issue a Request for Proposals (RFP) for construction of a vermicomposting pilot project; AND, BE IT FURTHER
• RESOLVED, that the City of Cortland Common Council authorizes the Mayor to sign a Memorandum of Understanding (MOU) with the County of Cortland for a joint vermicomposting project at the Cortland County landfill site

Agenda Item #11 - Authorize Lease Agreement with Quadient for mail Machine

• WHEREAS, the City of Cortland Youth Bureau utilizes a mail machine leased from Quadient to weigh and provide postage for mailings; AND
• WHEREAS, Quadient requires a one year lease agreement for the use of the mail machine; AND
• WHEREAS, the Youth Bureau wishes to continue the contractual agreement with Quadient: NOW, THEREFORE, BE IT,
• RESOLVED, that the City of Cortland Common Council does hereby authorize Mayor Steve to enter into a contract with Quadient for a one (1) year lease agreement for the use of a machine to weigh and provide postage for mailings at a cost of $706.14 for the year.

Agenda Item #12 - Appropriate Funds Donated to the Youth Bureau for Payment of Services Rendered by Good Neighbor Art on the Suggett Park Basketball Court Project

• WHEREAS, on August 3, 2021, the City of Cortland Common Council accepted a donation of $10,000 to the City of Cortland Youth Bureau for the benefit of the Suggett Park Basketball Court Project; AND
• WHEREAS, at said August 3, 2021 Council meeting, the Youth Bureau made a presentation requesting that the Council appropriate the donated funds toward the services of Good Neighbor Art for artist planning, project preparation, solicitation of supply and paint donations, as well as for the actual restoration work on the basketball court surface; AND
• WHEREAS, at the conclusion of the presentation there was a verbal discussion and agreement by the Council that the donated funds were to be appropriated to Good Neighbor Art as compensation for their services and involvement relative to the basketball court surface restoration and design, but the minutes from this August 3, 2021 meeting did not reflect this decision; AND
• WHEREAS, the accepted donation was in fact appropriated by the Council to the Suggett Park Basketball Court Project; AND
• WHEREAS, the City of Cortland Youth Bureau has received an invoice from Good Neighbor Art for its professional services on and involvement with the Court renovation, and the Youth Bureau desires to appropriate the above mentioned donated funds to satisfy the verbal agreement and said invoice; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council hereby confirms that the $10,000 donation accepted by the Council on August 3, 2021, and appropriated to the Suggett Park Basketball Court Project, be specifically appropriated for payment on the invoice submitted by Good Neighbor Art for services rendered on said project.

Agenda Item #13 - 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.

ADJOURNMENT