Cortland Common Council Agenda: January 17th, 2023

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

Here is the agenda for Tuesday’s (January 17th, 2023) 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 - Public Hearing on Proposed Local Law Relating to Planning Commission Membership

Public Hearing #2 - Public Hearing on Proposed Local Law Relating to Police Commission Membership and Duties

Public Hearing #3 - Public Hearing on Proposed Local Law Relating to Zoning Board of Appeals Membership

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

• Supporting Documents #1
• 2023 City Budget Adopted
• Board Charter and Code Amendments and Reestablished Terms
• 2023 Board and Commission Schedule
• Common Council Minutes 2023.01.03

Resolutions

Agenda Item #1 - Adopt Local Law Relating to Planning Commission Membership

• WHEREAS, Article X, Section C10-2 of the City Charter and Section 300-181 of the City of Cortland Administrative Code establish the City Planning Commission and provide for membership and terms of office; AND
• WHEREAS, Section 300-181 of the City of Cortland Administrative Code states that Planning Commission membership shall be in accordance with New York State General City Law Section 27; AND
• WHEREAS, the City Charter provides that the Planning Commission consists of seven (7) members appointed for three (3) year terms by the Common Council; AND
• WHEREAS, New York State General City Law Section 27 provides that the appointment of Planning Commission members shall be for a term of office equal in years to the number of Planning Commission members; AND
• WHEREAS, the Mayor seeks to amend the City Charter and Administrative Code to make Planning Commission members’ terms of office consistent with General City Law; AND
• WHEREAS, a public hearing was held on January 17, 2023 on a proposed local law to make such changes; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby adopt a local law which reads as follows:

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO.___ OF THE YEAR 2023

“AMENDMENT OF CHAPTER 300 RELATING TO PLANNING COMMISSION MEMBERSHIP”

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

Section 1. Enactment and Title.

§300-181. Planning Commission.

Establishment. In accordance with New York State General City Law, the City of Cortland hereby establishes a City Planning Commission for the purposes of administering and enforcing this chapter.

Membership.

• The Planning Commission shall consist of seven (7) members appointed by the Mayor with confirmation by the Common Council. The Common Council or Planning Commission may designate one member to serve as chairperson.
• The term of office of each Commissioner shall be seven (7) years, except that the term of office of Commissioners first appointed shall be so fixed that the term of one member shall expire at the end of the year in which such members were initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each year thereafter.
• At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term of seven (7) years.
• Members now holding office for terms which do not expire at the end of the year shall, upon the expiration of their term, hold office until the end of the official year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the planning board.
• Removal of members, alternates, and vacancies on the Planning Commission shall be addressed as provided for in New York State General City Law.
• Each member of the Planning Commission shall complete, at a minimum, four (4) hours of training each year designed to enable such members to more effectively carry out their duties as required in New York State General City Law.

Powers and duties. The City of Cortland Planning Commission shall have the authority to fulfill the following powers and duties:

• Employ experts, clerks, and a secretary, pay for their services, and provide for such other expenses as may be necessary, not exceeding the appropriation made therefor by the Common Council.
• Recommend to the Common Council regulations relating to any subject matter over which the Planning Commission has jurisdiction under New York State General City Law and this chapter;
• Review and make recommendations on a proposed City comprehensive plan or amendment thereto;
• Review and make recommendations regarding any proposed amendments or updates to the text of this chapter;
• Make investigations, maps, reports and recommendations in connection to the planning and development of the City as it seems desirable, providing the total expenditures of Planning Commission do not exceed the appropriation provided therefor by the Common Council;
• Review and approve, approve with modifications or conditions, or disapprove a site plan application prepared to specifications set forth in this chapter; and
• Review and approve, approve with modifications or conditions, or disapprove a special permit application prepared to specifications set forth in this chapter.
• Seek recommendations from other boards, commissions, departments, or local, county, state, and regional agencies, as it deems appropriate, to aid in fulfilling any one duty provided herein.

Meetings and Planning Commission Conduct.

• The Commission shall hold at least one meeting each month and may hold additional meetings at other times at the call of the Chairperson. The Chairperson may cancel any meeting.
• Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Commission may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
• The presence of four members shall constitute a quorum for the conduct of business before the board. A concurring vote of four members of the Commission shall be necessary to decide any matter brought before it, except as provided for herein or by New York State General City Law.
• In accordance with General Municipal Law § 239-m, a concurring vote of five members of the Commission is necessary to override a recommendation by the Cortland County Planning Commission.
• In accordance with General Municipal Law § 809, a member of the Commission having a conflict of interest shall abstain from any discussion or vote on that matter.
• The Commission may request advice or opinions on the law relating to any matter before it from the Corporation Counsel of the City of Cortland or independent Council and require the Corporation Counsel to attend its meetings.
• The Commission may require the Zoning Enforcement Officer or Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Commission.

Official Record.

• The Planning Commission shall keep minutes of all its meetings. The City Clerk shall be the secretary to the Commission and shall take the minutes.
• The Planning Commission shall make a record of all of its proceedings, including the reading of the case, public hearing, deliberation, voting and decisions of the Commission. A public record of such items shall be maintained at City Hall and made available to the public by request.
• Planning Commission decisions shall be made in writing reflecting all findings

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 - Adopt Local Law Relating to Police Commission Membership and Duties

• WHEREAS, New York State Governor Andrew M. Cuomo signed Executive Order 203 on June 12, 2020 requiring each local government in New York State to perform a comprehensive review of police department policies and practices; AND
• WHEREAS, the City of Cortland convened a committee of Cortland residents to conduct such as review and issue a report and recommendations; AND
• WHEREAS, the Common Council approved the committee’s report and recommendations pursuant to Resolution No. 71 adopted on March 16, 2021; AND
• WHEREAS, the recommendations of the committee have been implemented by the City of Cortland and the City Police Department; AND
• WHEREAS, the Mayor seeks to update Section C12-3 of the City Charter relating to Police Commission membership and Section C12-4 relating to duties of the Police Commission to reflect these policies and practices; AND
• WHEREAS, a public hearing was held on January 17, 2023 on a proposed local law to make such changes; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby adopt a local law which reads as follows:

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO.___ OF THE YEAR 2023

“AMENDMENT OF ARTICLE XII RELATING TO POLICE COMMISSION MEMBERSHIP & DUTIES”

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

Section 1. Enactment and Title.§C12-3. Police Commission; Membership; Appointment; Term; Compensation.

There shall be a Police Commission consisting of five members who shall be appointed by the Mayor with confirmation by the Common Council.

The Commissioners shall serve five-year terms with no compensation, except the Common Council may authorize compensation for expenses. The Police Commission shall at the beginning of each year elect one of its members as Chair.

Terms of office shall be staggered over a five year period. Terms shall begin the first day of January and shall end the last day of December.

When a vacancy occurs during an unexpired term of office, the Mayor shall appoint a replacement member who shall serve until the completion of the unexpired term

The Common Council may by resolution reestablish the terms of an existing board such that the appointment of members shall be for terms so fixed that one member's term shall expire at the end of the year in which such appointment is made. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each year thereafter. At the expiration of each member's reestablished term, the subsequent appointment shall be for a full five year term.

§C12-4. Powers and Duties of Police Commission.

The Police Commission shall have the powers and duties to:

• Submit to the Mayor the names of at least three qualified candidates, if there are three qualified candidates on the list of names reviewed and evaluated pursuant to § C4-3C for the position of Police Chief.
• Assist the Police Chief when requested with regard to promotions, disciplinary and other personnel matters.
• Review the estimates of revenues and proposed expenditures and capital program of the Police Department and make recommendations to the Mayor and Capital Program Committee, respectively.
• Review all complaints by citizens and, with the Police Chief, devise solutions to valid problems in departmental operations.
• Advise the Police Chief on the administration and operations of the Department as they or the Mayor may request or as the Commission may deem necessary.
• In the event of a disciplinary matter, the Chief of Police shall share with the Commission the incident and consequences (names redacted), consistent with §C12-4.B. As this is information of a confidential nature, any concerns the Commission may have shall be shared with Corporation Counsel.
• In the event there are two (2) confirmed disciplinary issues or actions for one individual within the same twelve (12) month period, the individual’s name, together with the underlying circumstances leading to the discipline, shall be shared with the Commission, Corporation Counsel, and the Mayor. Said information shall not be shared any further, barring any rule or law to the contrary.
• . In the event there are three (3) or more disciplinary issues or actions for one individual within the same five (5) year period, the individual’s name, together with the underlying circumstances leading to the discipline, shall be shared with the Commission, Corporation Counsel, and the Mayor. Said information shall not be shared any further, barring any rule or law to the contrary.

§C12-5. Department Qualifications.

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 - Adopt Local Law Relating to Zoning Board of Appeals Membership

• WHEREAS, Section 138-20 of the City of Cortland Administrative Code establishes the City Zoning Board of Appeals; AND
• WHEREAS, the City Charter and Administrative Code do not specify the number of board members or their terms of office; AND
• WHEREAS, New York State General City Law Section 81 provides that a Zoning Board of Appeals shall consist of three or five members as determined by local law, and that terms of office shall be equal in years to the number of board members; AND
• WHEREAS, the Mayor seeks to amend the Administrative Code to make Zoning Board of Appeals membership and terms of office consistent with General City Law; AND
• WHEREAS, a public hearing was held on January 17, 2023 on a proposed local law to make such changes; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby adopt a local law which reads as follows:

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO.___ OF THE YEAR 2023

“AMENDMENT OF CHAPTER 300 RELATING TO ZONING BOARD OF APPEALS MEMBERSHIP”

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

Section 1. Enactment and Title.

§300-140. Establishment and Membership.

Establishment. The Zoning Board of Appeals as it is presently constituted is hereby reaffirmed as having been established in accordance with the provisions of New York State General City Law § 81.

Membership.

• The Board shall consist of five (5) members appointed by the Mayor, subject to confirmation by the Common Council.
• All appointments shall be made for a term of five (5) years. No person shall be appointed to more than three (3) consecutive full five (5) year terms.
• Terms of office shall be staggered over a five (5) year period. Terms shall begin the first day of January and shall end the last day of December.
• The Common Council may, by resolution, reestablish the terms of an existing board, such that the appointment of Board members shall be for terms so fixed that one member's term shall expire at the end of the year in which such appointment is made. The remaining Board members' terms shall be so fixed that one member's term shall expire at the end of each year thereafter.
• At the expiration of each Board member's reestablished term, the subsequent member shall be appointed for a full five (5) year term.
• The Board members shall serve without compensation, except the Council may authorize compensation for expenses.
• The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. A Board member may be removed for failure to attend three (3) consecutive meetings, or for noncompliance with any minimum training requirement established by this chapter.

Vacancies. Vacancies for the unexpired term of any member shall be filled for such unexpired period only in accordance with the provisions of New York State General City Law.

Training.

• Each member of the Board shall complete a basic qualification program for Zoning Board of Appeals persons within twelve (12) months of appointment.
• Thereafter, each Board member shall participate annually in a continuing education course to be approved by the Common Council upon the recommendation of the Board in order to satisfy Board member training requirements set forth by New York State Municipal Law.

§ 300-141. Chairperson.

The Board shall hold an annual meeting in January of each year to elect, from its members, a Chairperson and a Vice Chairperson to assume the duties of the Chairperson in their absence.

§ 300-142 Meetings and Board Conduct.

The Board shall hold at least one (1) meeting each month and may hold additional meetings at the call of the Chairperson. The Chairperson may cancel any meeting.

The presence of three (3) members shall constitute a quorum for the conduct of business before the Board.

A concurring vote of at least three (3) members of the Board shall be necessary to decide any matter brought before the Board, except as provided for in Subsection E herein, or unless otherwise provided by law.

All votes of the Board shall be taken by roll call.

In accordance with General Municipal Law § 239-m, a concurring vote of a majority of members plus one is necessary to override a recommendation by the Cortland County Planning Commission.

A motion for the Board to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such a rehearing to occur. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present.

In accordance with General Municipal Law § 809, a member of the Board having a conflict of interest shall abstain from any discussion or vote on that matter.

The Board may request advice or opinions on the law relating to any matter before it from the Corporation Counsel of the City of Cortland, and require the Corporation Counsel to attend its meetings.

The Board may require the Zoning Officer or the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.

The Chairperson of the Zoning Board of Appeals shall have the authority to administer oaths and to compel the attendance of witnesses.

The Board shall keep minutes of all its meetings. The City Clerk shall be the secretary to the Board and shall take the minutes.

The Board shall make a record of all of its proceedings, including the reading of the case, public hearing, deliberation, voting and decisions of the Board. A public record of such items shall be maintained at City Hall and made available to the public upon request.

§ 300-143. Appeals Procedure.

§ 300-144 Powers of Board.

§ 300-145. through § 300-149. (Reserved)

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 controversary 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 #4 - Set Public Hearing on Proposed Local Law Relating to Terms of Office and Appointment of Members of City Boards, Commissions and Committees

• WHEREAS, the Mayor seeks to make changes in the terms of office for various boards and commissions for the purpose of setting standard provisions for appointments and filling of vacancies, establishing uniform term expiration dates and staggered terms as provided for in §C24-4 of the City Charter; AND
• WHEREAS, in making such changes, the Mayor seeks to give the Common Council authority by resolution to reestablish the terms of an existing board such that the initial appointments are of varying length, fixed in a manner to establish staggered terms as provided for in New York State General City Law; AND
• WHEREAS, such changes require local law amendments to the City Charter and Administrative Code; NOW, THEREFORE, BE IT
• RESOLVED, that, pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, separate public hearings shall be held prior to the Common Council’s scheduled regular meeting at 6:00 p.m. on February 7, 2023 at City Hall, 25 Court Street, Cortland NY on proposed local laws to:

1. Amend § 10-3 of the Administrative Code to stagger current three-year terms of the Environmental Advisory Committee;
2. Amend § C13-3 of the Charter to change the current three-year terms of the Fire Commission to staggered five-year terms;
3. Amend § 300-51 of the Administrative Code to stagger current three-year terms of the Historic Commission;
4. Amend § 5-28.1 of the Charter to stagger current three-year terms of the Landscape Planning & Design Committee;
5. Amend § C11-3 of the Charter to stagger current three-year terms of the Board of Public Works;
6. Amend § C17-3 of the Charter to change terms of office for the Wastewater Treatment Board from three years to staggered five-year terms;
7. Amend § C14-3 of the Charter to change terms of office for the Youth Bureau Commission from three years to staggered five-year terms.

• AND BE IT FURTHER RESOLVED, that the City Clerk shall publish notice of such public hearings in the official newspaper of the City of Cortland.

Agenda Item #5 - Appoint Planning Commission Members and Reestablish Terms of Office

• WHEREAS, in accordance with General City Law § 27 (1), the City of Cortland Common Council has set forth that the Planning Commission shall consist of seven members, each of which shall serve a staggered seven-year term of office, except that, pursuant to the Council’s authority to reestablish terms by resolution, the Council sets forth the following as provided for by § 300-181 (b) 2 of the City Administrative Code as amended by local law adopted January 17, 2023:
• The term of office shall be so fixed that the term of one member shall expire at the end of the current year. The terms of the remaining members shall be so fixed that one term shall expire at the end of each year thereafter. At the expiration of the term of each member, his or her successor shall be appointed for a full term of seven years; AND
• WHEREAS, the Mayor seeks to reappoint the individuals named below to the Planning Commission for staggered terms of office in the manner provided for in § 300-181 (b) 2 of the City Administrative Code; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby reestablish the terms of office of Planning Commission members in accordance with General City Law § 27 (4) and as authorized by § 300-181 (b) 2 of the City Administrative Code; AND BE IT FURTHER
• RESOLVED, that the City of Cortland Common Council does hereby confirm Mayor Steve’s appointment of the following individuals to the Planning Commission for reestablished terms of office to expire as designated:

Agenda Item #6 - Appoint Police Commission Members and Reestablish Terms of Office

• WHEREAS, the City of Cortland Common Council has set forth that the Police Commission shall consist of five members, each of which shall serve a staggered five-year term of office, except that, pursuant to the Council’s authority to reestablish terms by resolution, the Council sets forth the following as provided for by § C12-3 (E) of the City Charter as amended by local law adopted January 17, 2023:
• The term of office shall be so fixed that the term of one member shall expire at the end of the current year. The terms of the remaining members shall be so fixed that one term shall expire at the end of each year thereafter. At the expiration of the term of each member, his or her successor shall be appointed for a full term of five years; AND
• WHEREAS, the Mayor seeks to reappoint the individuals named below to the Police Commission for staggered terms of office in the manner provided for in § 300-140 (b) 4 of the City Charter; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby reestablish the terms of office of Police Commission members as authorized by§ C12-3 (E) of the City Charter; AND BE IT FURTHER
• RESOLVED, that the City of Cortland Common Council does hereby confirm Mayor Steve’s appointment of the following individuals to the Police Commission for reestablished terms of office to expire as designated:

Agenda Item #7 - Appoint Zoning Board of Appeals Members and Reestablish Terms of Office

• WHEREAS, in accordance with General City Law § 81 (1), the City of Cortland Common Council has set forth that the Zoning Board of Appeals shall consist of five members each of which shall serve a staggered five-year term of office, except that, pursuant to the Council’s authority to reestablish terms by resolution, the Council sets forth the following as provided for by § 300-140 (b) 4 of the City Administrative Code as amended by local law adopted January 17, 2023:
• The term of office shall be so fixed that the term of one member shall expire at the end of the current year. The terms of the remaining members shall be so fixed that one term shall expire at the end of each year thereafter. At the expiration of the term of each member, his or her successor shall be appointed for a full term of five years; AND
• WHEREAS, the Mayor seeks to reappoint the individuals named below to the Zoning Board of Appeals for staggered terms of office in the manner provided for in § 300-140 (b) 4 of the City Administrative Code; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby reestablish the terms of office of Zoning Board of Appeals members in accordance with General City Law § 81 (1) and as authorized by § 300-140 (b) 4 of the City Administrative Code; AND BE IT FURTHER
• RESOLVED, that the City of Cortland Common Council does hereby confirm Mayor Steve’s appointment of the following individuals to the Zoning Board of Appeals for reestablished terms of office to expire as designated:

Agenda Item #8 - Appoint Members to the City Ethics Committee

• WHEREAS, the City of Cortland Board of Ethics shall render advisory opinions to the officers and employees of the City of Cortland with respect to Article 18 of the General Municipal Law and the City of Cortland Code of Ethics adopted by the Common Council on February 15, 2022; AND
• WHEREAS, the Board of Ethics shall consist of five (5) members, a majority of whom shall not be officers or employees of the municipality, but at least one of whom must be a municipal officer or employee; AND
• WHEREAS, the members of the Board of Ethics shall be appointed by the Mayor with confirmation by the Common Council to serve three-year terms; AND
• WHEREAS, the Mayor seeks to reappoint the individuals named below to the; NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council does hereby confirm the following appointments made by the Mayor to the Board of Ethics each for a term ending December 31, 2025:

Agenda Item #9 - Appoint Lawrence J. Knickerbocker, Esq. Acting City Judge

• WHEREAS, § C5-3 of the Charter of the City of Cortland provides that there shall be an Acting City Judge appointed by the Mayor with the approval of the Common Council, who shall be a resident elector of the City and shall meet the requirements of City Judge as specified by state law; AND
• WHEREAS, Lawrence J. Knickerbocker, Esq. currently serves as Acting City Judge with a term to expire February 1, 2023; AND
• WHEREAS, Mayor Steve seeks to appoint Lawrence J. Knickerbocker, Esq. for a six-year term as Acting City Judge; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby approve Mayor Steve’s appointment of Lawrence J. Knickerbocker, Esq. as Acting City Judge for a term to begin February 2, 2023 and to end February 1, 2029

Agenda Item #10 - Designate the Mayor and Acting Mayor as Having Certain Fiscal Powers and Duties as Authorized by New York State Local Finance Law

• WHEREAS, New York State Local Finance Law designates certain powers and duties to a city’s chief fiscal officer; AND
• WHEREAS, a City of Cortland’s chief fiscal officer position is vacant; AND
• WHEREAS, in light of said vacancy the City of Cortland Common Council has authorized Mayor Scott Steve and Acting Mayor Thomas Michaels to serve as signatories for the City of Cortland pursuant to Resolution No. 5 of 2022; AND
• WHEREAS, the City of Cortland is engaged in an active search to fill said vacancy; AND
• WHEREAS, the City of Cortland’s bond counsel has recommended that, in the temporary absence of a chief fiscal officer, the Common Council grant the Mayor and Acting Mayor the specific powers and duties of a chief fiscal officer as authorized by Section 2 paragraph 5 subdivision (b) of the Local Finance Law; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council does hereby grant Mayor Scott Steve and Acting Mayor Thomas Michales the powers and duties of a chief fiscal officer as authorized by Section 2 paragraph 5 subdivision (b) of the Local Finance Law; AND BE IT FURTHER
• RESOLVED, that this resolution shall remain in effect until December 31, 2023; AND BE IT FURTHER
• RESOLVED, that the City Clerk shall file a certified copy of this resolution with the state comptroller.

Agenda Item #11 - Authorize Submission of 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; AND
• WHEREAS, the Restore New York Communities Initiative (“Restore NY”) provides municipalities with financial assistance for the revitalization of commercial and residential properties, encouraging community development and neighborhood growth through the elimination and redevelopment of vacant structures; AND
• WHEREAS, the Common Council held a public hearing on January 3, 2023 at 6:00 p.m. 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 former Parker Elementary School building for residential use; AND
• WHEREAS, the Parker School ad hoc committee will continue in its advisory role relating to the building’s vacancy and future use; AND
• WHEREAS, the acceptance of any funds awarded is subject to approval by the Common Council; NOW, THEREFORE, BE IT
• RESOLVED, that in support of submission of a Restore NY grant application for redevelopment of the former Parker Elementary School building, the City of Cortland Common Council finds that the proposed Restore NY grant project application is consistent with the City of Cortland’s local revitalization plans; that the proposed financing is appropriate for the specific project; that 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 in the City of Cortland.

Agenda Item #12 - Authorize Credit Card Account for Use by the Department of Public Works

• WHEREAS, the Common Council desires to maintain a credit card account with Tompkins Trust Company, located at 36 Main Street Cortland, New York, to enable the Department of Public Works to conduct authorized City business when payment is required to be made via credit card, and/or the normal procedure of obtaining a purchase order is not feasible; AND
• WHEREAS, the Cortland City Common Council adopted a Credit Card Policy on August 3, 2021; AND
• WHEREAS, said credit card policy allows credit card accounts to be established by departments with the approval of the Common Council; AND
• WHEREAS, said credit card policy requires copies of all monthly credit card statements to be provided to the Common Council; NOW, THEREFORE, BE IT
• RESOLVED, the City of Cortland Common Council does hereby grant authority for the Department of Public Works to open and maintain a credit card account with Tompkins Trust Company to conduct official business when circumstances necessitate in compliance with the City’s credit card policy.

Agenda Item #13 - Authorize Agreement with Crown City Ladder & Hose Company for Volunteer Firefighting Services

• WHEREAS, the City of Cortland strives to protect its citizens from the dangers of fire and other calamities through the services provided by the City of Cortland Fire Department; AND
• WHEREAS, the Cortland Fire Department is comprised of both volunteer and career firefighters; AND
• WHEREAS, the volunteer contingent of the Cortland Fire Department is now comprised of one single company identified as the Crown City Ladder & Hose Company; AND
• WHEREAS, a contract for service by this company indicates the responsibilities and expectations of the members of the company to the City and gives clarity on an agreed cost to the City for these responsibilities and expectations for service; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes Mayor Steve to enter into an agreement between the City of Cortland and the Cortland Fire Department’s volunteer contingent, Crown City Ladder & Hose Company in the amount of $35,000 for volunteer firefighting services for a period ending December 31, 2023.

Agenda Item #14 - Authorize FEMA Assistance to Firefighters Grant Application for Reserve Ladder Truck

• WHEREAS, the mission of the City of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Fire department is committed to the safety and health of our firefighters by providing educational opportunities for its staff, making use of all available financial resources to provide technical tools and equipment that meets the needs of the department in serving the citizens of Cortland; AND
• WHEREAS, Fire Department members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Cortland Fire Department has a number of critical needs; AND
• WHEREAS, the existing reserve ladder truck is 28 years old having multiple maintenance concerns; AND
• WHEREAS, the FEMA Assistance to Firefighter’s Grant Program offers funding for projects such as this with a five percent required local match; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorized the Fire Chief to apply for and if awarded accept a FEMA Assistance to Firefighters Grant in the amount $750,000.00 with a federal share $714,285.71 and local share of $35.714.29, and authorizes the Mayor to sign an award agreement if offered.

Agenda Item #15 - Authorize FEMA Assistance to Firefighters Grant Application for Advanced Life Support Equipment

• WHEREAS, the mission of the City of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Fire department is committed to the safety and health of our firefighters by providing educational opportunities for its staff, making use of all available financial resources to provide technical tools and equipment that meets the needs of the department in serving the citizens of Cortland; AND
• WHEREAS, Fire Department members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Fire Department has a number of critical needs; AND
• WHEREAS, in order to better serve the needs of the community the Fire Department wishes to acquire Advanced Life Support Equipment (ALS) to provide improved care to the residents of Cortland; AND
• WHEREAS, the FEMA Assistance to Firefighter’s Grant Program offers funding for projects such as this with a five percent required local match; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes the Fire Chief to apply for and if awarded accept a FEMA Assistance to Firefighters Grant in the amount $155,025.00 with a federal share $147,642.86 and a local share of $7,382.14, and authorizes the Mayor to sign an award agreement if offered.

Agenda Item #16 - Authorize FEMA Assistance to Firefighters Grant Application and MOU for Self Contained Breathing Apparatus

• WHEREAS, the mission of the City of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Fire department is committed to the safety and health of our firefighters by providing educational opportunities for its staff, making use of all available financial resources to provide technical tools and equipment that meets the needs of the department in serving the citizens of Cortland; AND
• WHEREAS, Fire Department members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Fire Department has a number of critical needs; AND
• WHEREAS, the Department’s Self Contained Breathing Apparatus (SCBA) are 13 years old, reaching the end of their life cycle and no longer supported by the manufacturer; AND
• WHEREAS, the FEMA Assistance to Firefighter’s Grant Program offers a Regional Assistance to Firefighter’s Grant for projects such as this with a ten percent required local match; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes the Fire Chief sign a Memorandum of Understanding (MOU) with the Willet and Marathon Fire Departments as host applicant to apply for and if awarded accept a FEMA Assistance to Firefighters Grant in the amount $581,000.00 with a federal share of $528,181.82 and local share of $52,818.18 (City of Cortland $35,636.36; Willet $6,363.64; Marathon 10,818.18), and authorizes the Mayor to sign an award agreement if offered

Agenda Item #17 - Authorize FEMA Assistance to Firefighters Grant Application and MOU for Portable Radios

• WHEREAS, the mission of the City of Cortland Fire Department is to provide professional fire response, emergency medical service, technical special operations, code enforcement services, as well as, public education/fire prevention services to the community; AND
• WHEREAS, the Fire department is committed to the safety and health of our firefighters by providing educational opportunities for its staff, making use of all available financial resources to provide technical tools and equipment that meets the needs of the department in serving the citizens of Cortland; AND
• WHEREAS, Fire Department members are committed to personal safety, duty, honor and public service; AND
• WHEREAS, the Fire Department has a number of critical needs; AND WHEREAS, the Department’s portable radios are 13 years old, reaching the end of their life cycle and no longer supported by the manufacturer; AND
• WHEREAS, the Assistance to Firefighter’s Grant Program offers a Regional Assistance to Firefighter’s Grant for projects such as this with a ten percent required local match; NOW, THEREFORE, BE IT
• RESOLVED, that the City of Cortland Common Council authorizes the Fire Chief to participate in a Regional Grant application with the Virgil Fire District by signing a Memorandum of Understanding (MOU) which commits the City to apply for, and, if awarded, accept a FEMA Assistance to Firefighters Grant in the amount $617,065.00 with a federal share $560,967.18 and local share of $56,096.82 (City of Cortland $12,470.45; Willet $2,716.09; Marathon Fire $3,745.18; Marathon Ambulance $2,098.64; Virgil $4,568.45; Homer $9,302.27; Preble $3,951.00; Cincinnatus $5,638.00; Cortlandville $11,606.73).

Agenda Item #18 - Accept and Recognize Donations to Cortland Youth Bureau 

• WHEREAS, donations have been given to the Cortland Youth Bureau, AND
• WHEREAS, the Common Council must accept and allocate such funds, AND
• WHEREAS, the Mayor, Common Council and Cortland Youth Bureau wish to publicly recognize these donations and the generosity of the donors, NOW, THEREFORE, BE IT
• RESOLVED, that the Common Council accepts the donations listed below, and appropriates funds to the Cortland Youth Bureau operating budget accounts outlined below.

Discussions

Discussion # 1 - Director of Administration & Finance Search Update

• Milestones leading to the launch of targeted recruitment and broader advertisement placement have been achieved and recruitment and advertisement began ahead of the January 12, 2023 target date. An initial application deadline of February 2, 2023 has been set.
• Advertisement has been placed with at least 8 state and national municipal associations at professional job search sites. Examples include the New York Conference of Mayors (NYCOM), and the International City/County Management Association (ICMA). The job advertisement includes a link to a recruitment brochure.
• Additional milestones leader to hiring of a City Administrator are:

ADJOURNMENT