Cortland Common Council Agenda: June 20th, 2023

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

Here is the agenda for Tuesday’s (June 20th, 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 - Relating to Proposed Local Law No. 13 of 2023 to Amend Chapter 11, Article VII of the Administrative Code as it Relates to Parking Regulations and Authority Thereof in the City of Cortland

Call to Order

  • Roll Call
  • Salute to the Flag
  • Moment of silence/reflection
  • Privilege of the floor
  • Director of administration & finance report
  • Mayor’s report
  • Ward Reports
  • Approval of Minutes

Proclamations

Proclamation #1 - Declaring June 20th Arbor Day in the City of Cortland

  • WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees; AND
  • WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; AND
  • WHEREAS, Arbor Day is now observed throughout the nation and the world; AND
  • WHEREAS, trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife; AND
  • WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; AND
  • WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; AND
  • RESOLVED, trees - wherever they are planted -are a source of joy and spiritual renewal; NOW, THEREFORE, BE IT
  • RESOLVED, I, Scott Steve, Mayor of the City of Cortland, do hereby proclaim June 20, 2023 Arbor Day in the City of Cortland, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; AND BE IT FURTHER
  • RESOLVED, that I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.

Supporting Documents

Resolutions

Agenda Item #1 - Amend the 2023 Adopted Budget by $722,112

  • WHEREAS, the Cortland Common Council is charged by the City Charter and Code with the preparation of an annual budget for the City of Cortland; AND
  • WHEREAS, on December 20, 2022, the Common Council adopted the 2023 City Budget for 2023; AND
  • WHEREAS, during the course of the fiscal year certain events occur that necessitate changing the budget plan by increasing or decreasing the total budget; AND
  • WHEREAS, the Department of Administration and Finance recommends the following adjustments to the 2023 budget; AND
  • WHEREAS, this resolution amends the City’s 2023 Adopted budget by $722,112 with an appropriations to the Fire Department, Police Department, Public Works, and Youth Bureau; AND
  • WHEREAS, on January 17, 2023 the Common Council approved the application and acceptance of a FEMA Assistance to Firefighters Grant (AFG); AND
  • WHEREAS, this grant has been awarded and the budget must be amended in the amount $545,364 for the purchase of self-contained breathing apparatus (SCBA) for the City of Cortland, as well as the Willet and Marathon Fire Departments with a 10% match which will be funded within the 2023 Fire Department budget allocation and payments from Willet and Marathon totaling $6,363.64 and $10,818.18 respectively; AND
  • WHEREAS, the Fire Department had firefighters, as trained EMTs, eligible for a NYS bonus in the amount of $1,500 as part of the NYS Healthcare Worker Bonus Program for two vesting periods covering October 2021 through September 2022 in which the State of New York provided $116,262 to the City of Cortland for this payment to be appropriated to personnel lines; AND
  • WHEREAS, the Police Department received an insurance recovery in the amount of $4,243.05 for the partial loss of a vehicle and is requesting to appropriate the funds to A3120-540200 for motor vehicle equipment and repairs; AND
  • WHEREAS, the Police Department sold surplus materials in the amount of $1,060 consisting of scrap ammunition casings and is requesting to appropriate the funds to A3120-541603 for firearms training; AND Common Council Agenda June 20, 2023 Page 3 of 14
  • WHEREAS, the Department of Public Works received funding in the amount of $55,183 from D.A. Collins Construction company to help offset the costs associated with the Front Street resurfacing project scheduled for completion in 2023 and this action will appropriate funding to A5110-540500; AND
  • WHEREAS, the Youth Bureau has a truck that has reached the end of serviceable life and is requesting the item be removed from service, declared as surplus and any proceeds from the vehicle are appropriated to the sale of equipment revenue and the corresponding equipment replacement expenditure code A7110-540502; NOW, THEREFORE, BE IT
  • RESOLVED, by the City of Cortland Common Council on this 20th day of June 2023, that the 2023 budget be, and is hereby, amended in the amount of $722,112 as outlined in the accompanying table and as described above; AND BE IT FURTHER
  • RESOLVED, that the City of Cortland Common Council declare the Youth Bureau Truck as surplus property to advertise the vehicle for sale and appropriate those proceeds to A7110-540502

Agenda Item #2 - Amend the 2023 Adopted General Fund Budget for Increases in the New York State 2023/2024 Budget for Assistance for City Street Repairs.

  • WHEREAS, The City of Cortland has made an ongoing commitment to the repair, rehabilitation and modernization to our local roads and walkways and;
  • WHEREAS, the City has available to it $385,444.39 in allocated 2022/2023 Consolidated Local Street and Highway Improvement Program (CHIPS) funds; AND
  • WHEREAS, the City has available to it $107,701.57 in allocated 2022/2023 Extreme Winter Recovery (EWR) funds; AND
  • WHEREAS, the City has available to it $98,458.41 in allocated 2022/2023 Pave NY funds; AND
  • WHEREAS, the City has available to it $797.49 in allocated2022/2023 State Touring Route (STR) funds; AND
  • WHEREAS, the City has available to it $2,220.98 in allocated 2022/2023 Pave Our Potholes (POP) funds; AND
  • WHEREAS, the City’s allocated 2023/2024 CHIPS funding is $386,169.22; AND
  • WHEREAS, the City’s allocated 2023/2024 EWR funding is $64,962.10; AND
  • WHEREAS, the City’s allocated 2023/2024 Pave NY funding is $96,632.66; AND
  • WHEREAS, the City’s allocated 2022/2023 STR funding is $1,197,601.86; AND
  • WHEREAS, the City’s allocated 2022/2023 POP funding is $64,421.77; AND
  • WHEREAS, the City now has available to it for current use $771,613.6, in CHIPS funding; AND
  • WHEREAS, the City now has available to it for current use $172,663.67, in EWR funding; AND
  • WHEREAS, the City now has available to it for current use $195,091.07, in Pave NY funding; AND
  • WHEREAS, the City now has available to it for current use $1,198,399.35, in STR funding; AND
  • WHEREAS, the City now has available to it for current use $66,642.75, in POP funding; NOW, THEREFORE, BE IT
  • RESOLVED, that the City’s 2023 General Fund Adopted Budget be amended to reflect the following uses of available funding:

Agenda Item #3 - Authorize the Award of Microenterprise Assistance Program Funds under Community Development Block Grant #285ME506-22

  • WHEREAS, the City of Cortland was awarded $200,000 in Community Development Block Grant (CDBG) Microenterprise funds to administer a Microenterprise Assistance Program (MAP) in the City pursuant to CDBG #285ME506-22; AND
  • WHEREAS, the City of Cortland solicited applications from eligible Microenterprises for assistance provided under the above referenced CDBG; AND
  • WHEREAS, funding for this program is competitive requiring that applications be rated and reviewed by an established MAP Review Committee, with said Committee to subsequently make recommendations of funding to the City of Cortland Common Council which is charged with making final approval for all funding under CDBG #285ME506-22; AND
  • WHEREAS, the City’s MAP Review Committee is recommending the award of $29,500.00 to Robinson’s Family Jewelers located at 3 Groton Avenue; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council does hereby approve the award of $29,500.00 to Robinson’s Family Jewelers subject to terms and conditions as required under the CDBG Microenterprise regulations and as established by the MAP Review Committee; AND BE IT FURTHER
  • RESOLVED, that the Mayor of the City of Cortland is authorized to sign commitment letters detailing the terms and conditions of the award of these funds and any other document(s) necessary to implement the award of said funding.

Agenda Item #4 - Set Required Second Public Hearing Relating to Community Development Block Grant (CDBG) #285HR144-20, Which Provided Funding for the CityWide Owner-Occupied Housing Rehabilitation Program through the NYS Small Cities CDBG Program

  • WHEREAS, the NYS Small Cities Community Development Block Grant (CDBG) Program requires that a second 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; NOW, THEREFORE, BE IT
  • RESOLVED, that a public hearing with respect to Community Development Block Grant (CDBG) #285HR144-20, which provided funding for the City-Wide-Owner-Occupied Housing Rehabilitation Program under the NYS Small Cities CDBG Program, shall be held on the 18th, day of July, 2023 at 6:00 p.m. at City Hall, 25 Court Street, Cortland, New York and notice of such public hearing shall be published in the official newspaper of the City of Cortland.

Agenda Item #5 - Authorize Submission of a 2023 Environmental Protection Act Parks Development Grant for the Randall Park Improvements Project

  • WHEREAS, the City of Cortland is applying for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under Title 9 of the Environmental Protection Act of 1993, for the purpose of funding a phase of the Randall Park Improvements Project; AND
  • WHEREAS, the City of Cortland believes that Environmental Protection Fund (EPF) Parks Development funding is necessary to complete the proposed park improvements; AND
  • WHEREAS, the City of Cortland has determined that the proposed improvements to Randall Park are in the best interest of the residents of the City of Cortland; AND
  • WHEREAS, the City of Cortland acknowledges that the proposed EPF project will require at least a 25% local match which will be satisfied by a combination of force account labor and cash; NOW, THEREFORE, BE IT
  • RESOLVED that the City of Cortland is authorized and directed to apply for and accept EPF grant funds in an amount not to exceed $500,000.00 for the project described in the grant application; AND BE IT FURTHER
  • RESOLVED that the City of Cortland is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Randall Park Improvements Project; AND BE IT FURTHER
  • RESOLVED that the City of Cortland is authorized and directed to agree to the terms and conditions of any required deed of easement granted to the New York State Office of Parks, Recreation and Historic Preservation that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; AND BE IT FURTHER
  • RESOLVED that the City of Cortland Common Council delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the Mayor.

Agenda Item #6 - Adopt Local Law No. 13 of 2023 To Amend Chapter 11, Article VII of the Administrative Code as it Relates to Parking Regulations and Authority Thereof in the City of Cortland

  • WHEREAS, parking in the City of Cortland has historically been an issue due to a lack of parking space in the business district, and that includes varied time allowances for streets and parking lots, and an odd/even parking lot scheme; AND
  • WHEREAS, parking over the past several years has been further complicated by the introduction of permit parking, both general permits and residential permits, especially with respect to public parking lots; AND
  • WHEREAS, on November 15, 2022, the Common Council passed Resolution No. 208, entitled Authorize Agreement for Electronic Parking System, authorizing the Mayor to execute an agreement with Passport Parking Enforcement/United Public Safety Inc.; AND
  • WHEREAS, the Chapter 11 of the City Code outlines the parking regulation and enforcement provisions, including that of public parking lots, but the same is inconsistent with the City’s parking plan moving forward; AND
  • WHEREAS, this new benefit for the City and its residents, requires the Council to approve a local law in order to effectively revise Chapter 11 of the Code accordingly; AND
  • WHEREAS, pursuant to §20 of the Municipal Home Rule Law of the State of New York, a public hearing was held on June 20, 2023 regarding the proposed local law; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council does hereby adopt a local law to amend Chapter 11, Article VII of the Administrative Code as it relates to parking regulations and authority thereof in the City of Cortland; AND BE IT FURTHER
  • RESOLVED, that said local law shall read as follows:

Agenda Item #7 - Approve Special Event and Sound Device Permits for the July 2023 Main St. Music Series in Courthouse Park

  • WHEREAS, organizers of the Main Street Music Series have submitted a Special Event Permit Application for the purposes of holding music performances at Courthouse Park from 5:30 p.m. to 9:30 p.m. on July 7, 14, 21 and 28, 2023; AND
  • WHEREAS, organizers have submitted a Sound Device Permit Application for 6:00 p.m. to 9:30 p.m. on July 7, 14, 21 and 28, 2023; AND
  • WHEREAS, the Police Department, Fire Department, Department of Public Works, 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 the City of Cortland Common Council does hereby approve for issuance by the City Clerk a Special Event Permit and a Sound Device Permit without fee for the Main Street Music Series to be held in Courthouse Park from 5:30 p.m. to 9:30 p.m. on July 7, 14, 21 and 28, 2023.

Agenda Item #8 - Approve Special Event Permit and partial Street Closing for the Salvation Army Race Against Hunger 5K Run/Walk on July 29, 2013

  • WHEREAS, the Salvation Army has submitted a Special Event Permit Application for the purposes of holding the Race Against Hunger 5K Run/Walk at Yaman Park from 9:00 a.m. to 11:00 a.m. on July 29, 2023; AND
  • WHEREAS, the Salvation Army has submitted an application for the partial closing of Kennedy Parkway and Yaman Park parking lot from the hours of 9:00 a.m. to 11:00 a.m. on July 29, 2023; AND
  • WHEREAS, the Police Department, Fire Department, Department of Public Works, 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 the City of Cortland Common Council does hereby approve for issuance by the City Clerk a Special Event Permit for the Salvation Army Race Against Hunger 5K Run/Walk to be held on July 29, 2023; AND BE IT FURTHER
  • RESOLVED, that the Common Council does hereby authorize the partial closing of Kennedy Parkway and Yaman Park parking lot from the hours of 9:00 a.m. to 11:00 a.m. on July 29, 2023.

Agenda Item #9 - Approve Special Event Permit, Sound Device Permit and Street Closing for the Cortland Disabled American Veterans’ Family Fun Day on July 9, 2023

  • WHEREAS, the Disabled American Veterans Cortland Chapter 153 has submitted a Special Event Permit Application for the purposes of holding a Family Fun Day event on Scammel St. from 12:00 p.m. to 6:00 p.m. on July 9, 2023; AND
  • WHEREAS, the organization has submitted an application for the closing of Scammel St. from the hours of 10:00 a.m. to 7:00 p.m. on July 9, 2023; AND
  • WHEREAS, the organization has submitted a Sound Device Permit Application for music from 12:00 p.m. to 6:00 p.m. July 9, 2023; AND
  • WHEREAS, the Police Department, Fire Department, Department of Public Works, 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 the City of Cortland Common Council does hereby approve for issuance by the City Clerk a Special Event Permit, and a Sound Device Permit without fee for the Disabled American Veterans Cortland Chapter 153’s Family Fun Day event to be held on Scammel St. from 12:00 p.m. to 6:00 p.m. on July 9, 2023; AND BE IT FURTHER
  • RESOLVED, that the Common Council does hereby authorize the closing of Scammel St. from the hours of 12:00 p.m. to 6:00 p.m. on July 9, 2023.

Agenda Item #10 - Authorize Agreement with G. DeVincentis & Sons for Construction Relating to the Groton Avenue Public Improvements Project

  • WHEREAS, the City of Cortland has made a commitment to improving the appearance and infrastructure of the Groton Avenue corridor within the City; AND
  • WHEREAS, the City of Cortland put forth a request for proposal to advance these efforts; AND
  • WHEREAS, the upgrade would have a great benefit to the community and its infrastructure; AND
  • WHEREAS, the G. DeVincentis & Sons organization shall install new, lighting, traffic signals, curbing, sidewalks, landscaping, asphalt, road striping as well as upgrades to the sanitary, storm and water systems as per the project plans and specifications engineered by Bernier & Carr Associates; NOW, THEREFORE, BE IT
  • RESOLVED that the City of Cortland Common Council does hereby authorize Mayor Steve to execute an agreement with G. DeVincentis & Sons, in the amount of $7,596,000.00 for construction work related to the Groton Avenue Public Improvement Project.

Agenda Item #11 - Allow the Mayor to Authorize a Contract with Adhan Piping for the City of Cortland Curb & Sidewalk Ramp Replacement Project

  • WHEREAS, the City of Cortland had identified specific city streets scheduled for resurfacing that are in need of new granite curbing and New York State Department of Transportation requires all sidewalk ramps to be compliant with Americans with Disabilities Act (ADA) on streets where Consolidated Local Street and Highway Improvement Program (CHIPS) funding is applied; AND
  • WHEREAS, The City of Cortland Department of Public Works (DPW) put forth a request for proposal to install 3,275 linear feet of curbing and 78 curb ramps at various locations; AND
  • WHEREAS, the upgrade would have a great benefit to the community and its infrastructure; AND
  • WHEREAS, Adhan Piping will furnish all labor (including traffic control), materials, equipment, tools necessary to remove existing curbing and install and replace approximately 3,275 linear feet of curbing and to replace and or rehabilitate approximately 78 curb ramps, in accordance with the Americans with Disabilities Act (ADA), on various streets within the city limits for a cost of $150.00 per lineal foot of curbing and $5,000.00 per ramp for a total cost not to exceed $881,250.00; AND
  • WHEREAS, said work will commence in accordance to the scheduled resurfacing work of the DPW during the 2023 construction season; NOW, THEREFORE, BE IT
  • RESOLVED that the City of Cortland Common Council does hereby authorize Mayor Steve to execute a contract with Adhan Piping for replacement and installation of curbing and curb ramps in accordance with the Americans with Disabilities Act (ADA) on various streets for a cost not to exceed $881,250.00.

Agenda Item #12 - Accept and Recognize Donations to Fire Department

  • WHEREAS, donations have been given to the Cortland Fire Department; AND
  • WHEREAS, the Common Council must accept and allocate such funds; AND
  • WHEREAS, the Mayor, Common Council and Cortland Fire Department 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 Fire Department Donation Accounts earmarked for:
  • RESOLVED, that the City of Cortland Common Council agrees to accept a donation in the amount of $25.00 from Kathy Olmstead made in memory of Jim LeFever, long time Fire Coordinator for Cortland County, and recognizes and extends its appreciation for her generosity; AND BE IT FURTHER
  • RESOLVED, the Common Council appropriates the funds to the Fire Department donation account (TE-00-2044) earmarked for replacement of an automated external defibrillator (AED), and recognizes and extends its appreciation for the generosity of the donors listed below.

Agenda Item #13 - Authorize Purchase of Drone Equipment for Police and Fire Department Use

  • WHEREAS, specialized equipment has become increasingly more important and sophisticated in both law enforcement and firefighting professions; AND
  • WHEREAS, drones are one such piece of specialized equipment, which have become increasingly more prevalent in these fields; AND
  • WHEREAS, the Cortland City Police Department and the Cortland City Fire Department are interested in a joint purchase of two drones to utilize during performance of their duties; AND
  • WHEREAS, the drones include EVO Max 4T and a DJI Avata Explorer, both equipped with audio visual and infrared capabilities, as well as all controllers, battery packs and accessories; AND
  • WHEREAS, the drones will be utilized for a host of functions, including search and rescue, tactical firefighting, hazmat identification and surveillance, barricade suspect/hostage situations, high risk search warrants and monitoring large events; AND
  • WHEREAS, the Cortland City Police Department has two officers certified as FAA Part 107 operators; AND
  • WHEREAS, the Cortland City Police Department and the Cortland City Fire Department will share the initial cost of $10,678.00, along with all potential future costs, through a combination of budgeted line items and donated funds; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council herby authorizes the City Police Department and the City Fire Department to purchase two drones and accessory equipment for which they will share the initial cost of $10,678.00 along with all potential future costs in a joint venture for use in their respective dutie

Agenda Item #14 - Accept and Recognize Donations to the Police Department K9 Unit

  • WHEREAS, the Cortland City Police Department routinely receives donations from businesses, community organizations and citizens which aid in funding of department programs; AND
  • WHEREAS, these programs include Community Oriented Policing, K9, Junior Police Academy and McGruff to name a few; AND
  • WHEREAS, donations assist with offsetting the cost of these programs; AND
  • WHEREAS, the Cortland City Police Department recently received three donations towards the K9 program to assist with the purchase, training and equipping of a new K9 to replace retired K9 Lummel; NOW, THEREFORE, BE IT
  • RESOLVED, that the City of Cortland Common Council agrees to accept these donations and appropriate the funding for the K9 program to assist with the purchase, training and equipping of a new K9, and recognizes and extends its appreciation for the generosity of the donors listed below.

Agenda Item #15 - Authorize Issuance of a Request for Proposals (RFP) for the Purchase and Installation of Boilers at the Wastewater Treatment Facility

  • WHEREAS, the City of Cortland Wastewater Treatment Facility uses low pressure boilers to supply heat for its buildings and anaerobic digesters; AND
  • WHEREAS, the facility has used two 5,000,000 BTUH boilers, a 1996 Hurst Fire-Tube and a 1981 Cleaver-Brooks Model 4, to meet the heating demands; AND
  • WHEREAS, the Hurst boiler has failed due to corrosive fluids having entered the hot water loop and the Cleaver Brooks being well past its expected service life and potentially compromised by the corrosive fluids; AND
  • WHEREAS, a Wastewater Treatment Facility heating plant study has recommended replacing the existing boilers with two 5,000,000 BTUH Cleaver Brooks Model 5 boilers to meet the facility’s current heating loads; NOW, THEREFORE, BE IT
  • RESOLVED, that the Wastewater Treatment department is authorized to issue a Request For Proposals for the acquisition of two, 5,000,000 BTUH Cleaver Brooks Model 5 boilers and a Request For Proposals for installation of same; AND BE IT FURTHER
  • RESOLVED, that the City of Cortland Common Council hereby authorizes Mayor Steve execute a contract with the lowest responsible bidder for an amount not to exceed $250,000.00 for said boilers and a contract with the lowest responsible bidder for an amount not to exceed $50,000.00 for installation of same.

Discussion Items

Discussion Item #1 - Motorized Bicycles

Discussion Item #2 - Occupancy Tax

Discussion Item #3 - Former Parker School Building

 

ADJOURNMENT