Cortland Common Council Agenda: April 4th, 2023

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

Here is the agenda for Tuesday’s (April 4th, 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 - Proposed Local Law to Allow for Building or Property Repurpose that Serves a Substantial Public Benefit

The proposed local law has been tabled pending further review and recommendation by the Cortland County Planning Commission and the City of Cortland Planning Commission.
The revised draft of the proposed local law is available here. The proposal would provide the Planning Commission authority, where otherwise such authority would not exist, to review and approve, approve with conditions or deny a Special Use Permit for a vacant or unoccupied building, structure or property where the original or permitted use is no longer feasible provided the Common Council makes a determination that the proposed repurpose serves a substantial public benefit

Public Hearing #2 - Proposed Local Law No. 12 of 2023 to Amend the City Administrative Code Relating to Mandated Statewide Municipal Code Enforcement Regulatory Updates

The proposed local law aligns the City’s Administrative Code with newly adopted state requirements. See Agenda Item No. __ for text of the proposed local law. A markup version showing text additions and deletions is available in the meeting agenda’s supporting documents here.

Public Hearing #3 - Relating to Community Development Block Grant #285ED948-20, which Provided Funding for the Purchase of Equipment for NY Hemp Oil, LLC Under the NYS Small Cities CDBG Program

The NYS Small Cities CDBG Program requires that a public hearing be held during the administrative phase of an awarded Community Development Block Grant to provide information to the public with respect to the progress of the subject grant and to ask questions regarding the grant and the grantee’s Community Development Program. The progress report is available in the meeting agenda’s supporting documents here.

Public Hearing #4 - Relating to the Proposed Fiscal Year 2023 Community Development Block Grant Program and Upcoming Funding Round, the Purpose of which is to Provide Information to the Public with Respect to the CDBG Program and to Allow the Public an Opportunity to Participate in the Grant Process

The City of Cortland intends to submit an application or applications under the NYS Small Cities Community Development Block Grant Program for the 2023 fiscal year, which requires a public hearing be held prior to submission of any application or applications to provide information to the public about the CDBG Program and an opportunity to participate in the grant process. The City of Cortland’s Citizen Participation Plan is available in the meeting agenda’s supporting documents here.

Presentations

Presentation #1 - Johanna Ames, Chair of the City Administrator Hiring Search Committee; Report of the Activities and Recommendations of the City Administrator Hiring Search Committee

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
Financial Documents

Resolutions

Agenda Item #1 - Confirm Mayor’s Appointment of a Director of Administration & Finance

WHEREAS, the Common Council unanimously approved Resolution No. 172 of 2022 to appoint a hiring search committee for the position of Director of Administration & Finance; AND
WHEREAS, the Common Council provided consent to Mayor Steve’s appointment of individuals who have experience in public administration, experience in conducting executive-level job searches, representatives of City department heads and employees, and members of the Common Council; AND
WHEREAS, Resolution No. 172 of 2022 tasked the hiring search committee with advertising for, interviewing and making a hiring recommendations to the Common Council; AND
WHEREAS, the committee completed its work, recommending to the Mayor a highly qualified individual; AND
WHEREAS, §6-1 of the City Charter provides that a Director of Administration and Finance shall be appointed by the Mayor, subject to confirmation by the Common Council; AND
WHEREAS, Mayor Steve has filed the appointment of a Director of Administration and Finance with the City Clerk in accordance with §5-9 of the City Administrative Code; AND
WHEREAS, the appointment filed with the City Clerk outlines terms of employment including starting salary; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council does hereby confirm the appointment of a Director of Administration and Finance with a 2023 salary as filed with the City Clerk; AND BE IT FURTHER
RESOLVED, that the Common Council authorizes necessary budget transfers and allocations to A.1325-510000 (Personal Services) and other accounts for the purposes of salary and benefits for the Director of Administration and Finance.

Agenda Item #2 - Approve Porch Fest Special Event and Sound Device Permit

WHEREAS, a Special Event Permit Application has been submitted for Porch Fest Cortland music festival to be held on from 11:00 a.m. to 6:00 p.m. August 20, 2023; AND
WHEREAS, the application requests closure to traffic on Van Hoesen Street, Harrison Street, Joy Street and Chestnut Street; AND
WHEREAS, a sound device permit application proposes the use of sound amplification for certain performers that will not exceed the decibel level of acoustic performers; AND
WHEREAS, the Police Department, Fire Department, Youth Bureau and City Clerk’s Office have reviewed applicable aspects of these permit applications and recommended their approval; NOW, THEREFORE, BE IT
RESOLVED, that Porch Fest Cortland’s Special Event Permit and Sound Device Permit are hereby approved without fee; AND BE IT FURTHER
RESOLVED, that this approval permits closure to traffic on Van Hoesen Street, Harrison Street, Joy Street and Chestnut Street from 11:00 a.m. to 6:00 p.m. on August 20, 2023.

Agenda Item #3 - Approve Special Event and Related Permits for Arts Off Main

WHEREAS, Cortland Arts Connect has submitted a Special Event Permit Application for the purposes of holding the Arts Off Main festival on Court St. from 9:00 a.m. to 5:00 p.m. on August 5, 2023; AND
WHEREAS, the application requests closure to traffic on Court St. between Main St. and Church St. from 8:00 a.m. to 6:00 p.m.; AND
WHEREAS, organizers have submitted a Sound Device Permit Application for amplified music from 10:00 a.m. to 5:00 p.m.; AND
WHEREAS, the Police Department, Fire Department and City Clerk’s Office have reviewed applicable aspects of these permit applications and recommended their approval; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council does hereby approve a Special Event Permit, a Sound Device Permit without fee, for the Arts Off Main Festival to be held from 9:00 a.m. to 5:00 p.m. on August 5, 2023; AND BE IT FURTHER
RESOLVED, that this approval permits closure to traffic on Court St. between Main St. and Church St. from 8:00 a.m. to 6:00 p.m. on August 5, 2023.

Agenda Item #4 - Designate City of Cortland Law Department as Fair Housing Office

WHEREAS, under Title VIII of the 1968 Civil Rights Act, the Federal Fair Housing Law and the Fair Housing Amendments Act of 1988 it is unlawful to discriminate in the sale, rental, or financing of housing based on certain protected characteristics, and certain federal, state, and local fair housing and anti-discrimination laws protect individuals from such housing discrimination; AND
WHEREAS, protected characteristics include, but are not limited to: race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income, or familial status; AND
WHEREAS, any individual(s) who believes they have been the victim of housing discrimination in the sale, rental, or financing of housing has the right to file a complaint with its local government through its Fair Housing Office; AND
WHEREAS, the City of Cortland previously designated a specific employee as its Fair Housing Officer to whom complaints could be brought, and said employee is no longer employed by the City necessitating designation of another person or office to accept complaints; AND
WHEREAS, in an effort to promote continuity with its fair housing complaint process, the City desires to name the Law Department as its Fair Housing Office, instead of a specific employee, and will establish a process by which said complaints will be reviewed and addressed; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council hereby designates the City of Cortland Law Department as its Fair Housing Office; AND BE IT FURTHER
RESOLVED, that any individual who desires to file a fair housing complaint alleging discrimination should contact the City of Cortland Law Department.

Agenda Item #5 - City Tree Planting Program Conflict of Interest Disclosure

WHEREAS, Thoma Development, administrators of the City of Cortland’s Tree Planting Program has received an application from Andrew Jewett, who is employed by the City of Cortland as City Clerk; AND
WHEREAS, in the interest of transparency, said persons’ participation in the Tree Planting Program should be openly discussed at a Common Council meeting; AND
WHEREAS, the Corporation Counsel has issued an Opinion of Counsel letter to assure that participation does not violate City or State law; NOW, THEREFORE, BE IT
RESOLVED, that it is hereby disclosed to the Common Council and the public that Andrew Jewett, having ties to the City of Cortland, has submitted an application for planting of a tree which is provided at no cost to approved applicants; AND BE IT FURTHER
RESOLVED, that the Common Council, upon the Opinion of Counsel letter, concur that Mr. Jewett’s participation in the City of Cortland’s Tree Planting Program does not violate City or State law, and that said application may be accepted pursuant to established policies of the program.

Agenda Item #6 - Authorize the Mayor to Accept Funds from New York State Office of Parks, Recreation, and Historic Preservation Grant EPF No. 166299

WHEREAS, the City of Cortland applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) under the Title 9 of the Environmental Protection Act of 1993 for the purpose of funding the development of the Wickwire Pool House; AND
WHEREAS, the original grant resolution is dated April 17, 2018 and is required to be updated by New York State Office of Parks, Recreation and Historic Preservation to include the current Mayor’s signature to finalize and close out grant documents; NOW, THEREFORE, BE IT
RESOLVED, that Scott Steve, Mayor of the City of Cortland, is hereby authorized and directed to accept funds from the New York State Office of Parks, Recreation, and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $407,586.00, and enter into and execute a project agreement with the State for such financial assistance to the City of Cortland for the Wickwire Pool House project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

Agenda Item #7 - Accept and Recognize Donations to Cortland Youth Bureau

WHEREAS, donations have been given to the Cortland Youth Bureau which the Common Council must accept and allocate; AND
WHEREAS, Mayor Steve, the 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.

Agenda Item #8 - Adopt Local Law No. 12 of 2023 Amending the City Administrative Code Relating to Mandated Statewide Municipal Code Enforcement Regulatory Updates

WHEREAS, New York State recently adopted provisions requiring all municipalities, as is does from time to time, to make updates to their respective charters/codes relative to the administration of the NYS Uniform Fire Prevention and Building Code and the NYS Energy Conservation Code; AND
WHEREAS, the majority of the applicable provisions in the City’s Charter/Code are already in compliance, but as do all municipalities, the City needs to make certain revisions so that its Code Enforcement Program is in compliance with the latest state regulatory revisions at the state level; AND
WHEREAS, the state has provided a model local law to guide the amendments that the City will make; AND
WHEREAS, such changes require local law amendments to the Administrative Code; AND
WHEREAS, pursuant to §20 of the Municipal Home Rule Law of the State of New York, a public hearing was held on March 7, 2023 regarding the proposed local law; NOW, THEREFORE, BE IT
RESOLVED, the Common Council does hereby adopt a local law to amend §100 of the Administrative Code to align the City’s Code Enforcement Program with New York State requirements; AND BE IT FURTHER
RESOLVED, that said local law shall read as follows: