Cortland Common Council Agenda: November 21st, 2023

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

Here is the agenda for Tuesday’s (November 21st, 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 - Required Second Public Hearing for Community Development Block Grant (CDBG) #285HR320-21, which Provided Funding for the City’s Income Property Housing Rehabilitation Program Administered Under the NYS Small Cities CDBG Program

Public Hearing #2 - Notification of Intent to Apply for Retail Cannabis Dispensary Licenses

Call to Order

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

Supporting Documents

Resolutions

Agenda Item #1 - Authorize Issuance of up to $5,000,000 in Revenue Anticipation Notes of the City of Cortland, Cortland County, New York in Anticipation of the Receipt of Certain Revenue Due During the Fiscal Year Ending December 31, 2024

WHEREAS, the City of 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, the timing of receipts and reimbursements is variable and in an effort to ensure continuity of operations, the Department of Administration and Finance seeks authorization for Revenue Anticipation Notes for the fiscal year ending December 31, 2024; AND

WHEREAS, this measure is requested as a means to prepare for the worst possible scenario at a time when cash flow will be at its lowest point; AND

WHEREAS, this authorization will allow the necessary lead time to work with financial advisors and bond counsel to secure the revenue anticipation notes if needed; NOW, THEREFORE, BE IT

RESOLVED, by the Common Council of the City of Cortland, Cortland County, New York (the “City”), on this 21st day of November 2023, as follows:

  • Section 1. There are hereby authorized to be issued Revenue Anticipation Notes (the "Notes") of the City in anticipation of the receipt of moneys to be received from the State of New York, the United States government, and/or from Cortland County as a portion of the distribution of the County sales and compensating use tax, which are due during the City’s fiscal year ending December 31, 2024 (the "Revenue").
  • Section 2. The amount of such Revenue estimated in the City's 2024 annual budget which is uncollected on the date of this resolution exceeds $5,000,000.
  • Section 3. The maximum amount of Notes authorized to be issued is up to $5,000,000.
  • Section 4. The Notes shall be of such amount, terms, form and content, and shall be sold in such manner as may be prescribed by the City Director of Administration and Finance, the chief fiscal officer of the City, consistent with the provisions of this resolution and the Local Finance Law.
  • Section 5. Pursuant to the authority delegated in this resolution, the City Director of Administration and Finance may issue Notes during the City's 2024 fiscal year in an amount not in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any outstanding revenue anticipation notes previously issued in anticipation of the collection or receipt of the Revenue.
  • Section 6. The period of maturity of the Notes shall not exceed one year. The Notes may be renewed from time to time, but each renewal shall be for a period not exceeding one year and in no event shall the Notes, or the renewals thereof, extend beyond the close of the second fiscal year succeeding the fiscal year in which the Notes are issued. The Notes shall not be renewed in an amount in excess of the difference between the amount of uncollected or unreceived Revenue and the amount of any other outstanding revenue anticipation notes issued in anticipation of the collection or receipt of such Revenue.
  • Section 7. The faith and credit of the City shall be and are hereby pledged for the punctual payment of the principal of and interest due on the Note as the same shall become due and payable.
  • Section 8. The Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Notes as required by Securities and Exchange Commission Rule 15c2-12, as amended.
  • Section 9. This resolution shall take effect immediately upon its adoption.

Agenda Item #2 - Authorize Issuance of up to $5,000,000 in Tax Anticipation Notes of the City of Cortland, Cortland County, New York in Anticipation of the Collection of Real Estate Taxes to be Levied by the City of Cortland, Cortland County for Fiscal Year Ending December 31, 2024

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, the timing of receipts and reimbursements is variable and in an effort to ensure continuity of operations, the Department of Administration and Finance seeks authorization for Tax Anticipation Notes for the fiscal year ending December 31, 2024; AND

WHEREAS, this measure is requested as a means to prepare for the worst possible scenario at a time when cash flow will be at its lowest point; AND

WHEREAS, this authorization will allow the necessary lead time to work with financial advisors and bond counsel to secure the tax anticipation notes if needed; NOW, THEREFORE, BE IT

RESOLVED, by the Common Council of the City of Cortland, Cortland County, New York (the “City”), on this 21st day of November 2023, as follows:

  • Section 1. There are hereby authorized to be issued up to $5,000,000 in Tax Anticipation Notes (the "Notes"). The Notes will be issued in anticipation of the collection of real estate taxes to be levied by the City for the City’s fiscal year ending December 31, 2024 that are uncollected (the "Taxes").
  • Section 2. The amount of such Taxes which is uncollected on the date of this resolution exceeds $5,000,000.
  • Section 3. The amount of the Notes to be issued shall not exceed $5,000,000.
  • Section 4. The period of maturity of the Notes shall not exceed one year. The Notes may be renewed from time to time, but each renewal shall be for a period not exceeding one year and in no event shall the Notes, or the renewals thereof, extend beyond the applicable limitations set forth in the Local Finance Law.
  • Section 5. The faith and credit of the City shall be and are hereby pledged for the punctual payment of the principal of and interest due on the Notes as the same shall become due and payable.
  • Section 6. The Notes shall be issued in such amount and have such terms, form and content, and shall be sold in such manner as may be prescribed by the Chief Fiscal Officer of the City, consistent with the provisions of this Resolution and the Local Finance Law.
  • Section 7. The Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Notes as required by Securities and Exchange Commission Rule 15c2-12, as amended.
  • Section 8. This resolution shall take effect immediately.

Agenda Item #3 - Set Public Hearing on Proposed Local Law Relating to Property Tax Levy Authority Established in General Municipal Law §3-c 

WHEREAS, the New York State Legislature enacted General Municipal Law §3-c which establishes a limit upon real property tax levies by local governments; AND

WHEREAS, pursuant to General Municipal Law §3-c (5), a local government may adopt a budget that requires a tax levy that is greater than the tax levy limit for the coming fiscal year only if the governing body first enacts, by a vote of sixty percent of the total voting power of such body, a local law to override such limit for such coming fiscal year only; AND

WHEREAS, the Common Council has filed a proposed 2024 City budget which exceeds the tax levy limit and therefore deems it necessary to exercise its authority to exceed the tax levy limit in 2024; NOW, THEREFORE, BE IT

RESOLVED, that pursuant to Section 3-c (5) of the General Municipal Law and Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on a proposed local law to authorize the override of the tax levy limit for fiscal year 2024 shall be held on December 5, 2022 at 6:00 p.m. at City Hall, 25 Court Street, Cortland NY and that the City Clerk shall publish notice of such hearing in the official newspaper of the City of Cortland.

Agenda Item #4 - Confirm Mayor’s Appointment to the Planning Commission 

WHEREAS, in accordance with General City Law §27 (1), the City of Cortland Common Council has set forth in §300-181 (B) (1) of the City Administrative Code that the Planning Commission shall consist of seven (7) members appointed by the Mayor with confirmation by the Common Council; AND

WHEREAS, §300-181 (B) (2) of the City Administrative Code provides that Planning Commission members shall be appointed to staggered seven-year terms of office; AND

WHEREAS, a vacancy having a term of office ending December 31, 2028 exists on the Planning Commission; AND

WHEREAS, Mayor Steve has appointed Antonio Testa to fill the remainder of said term of office; NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council does hereby confirm Mayor Steve’s appointment of Antonio Testa to the Planning Commission for a term of office ending December 31, 2028

Agenda Item #5 - Authorize Mortgage Subordination & Agreement

WHEREAS, the City of Cortland (the “City) provided funds to the owner of an income property in the City of Cortland (the “Owner”) where at least 51% of the units were tenanted by low-to-moderate income individuals to assist said Owner replace the property’s sewer lateral under the City’s 2019 Community Development Water/Sewer Lateral Replacement Program; AND

WHEREAS, said Owner gave a mortgage to the City in the amount of the assistance provided by the City for the replacement of the sewer lateral, which was provided as a deferred payment loan; AND

WHEREAS, said resident has secured financing from Paragon Home Loans, Inc. to pay-off the existing first mortgage and help consolidate/payoff existing debt with higher interest rates in an effort to increase cash flow each month and to be invested into other properties within the City; AND

WHEREAS, approval of the Paragon Home Loan is contingent upon subordination of the City’s mortgage to Paragon Home Loans Inc.’s new mortgage; AND

WHEREAS, the City’s Loan Committee reviewed the facts of this subordination request and hereby makes a recommendation to the City’s Common Council that the Council approve subordination of the City’s mortgage for the purpose of securing the Paragon Home Loan mortgage; NOW, THEREFORE, BE IT

RESOLVED that the City of Cortland subordinates, its mortgage instrument #2021-05291 recorded on September 30, 2021 with the Cortland County Clerk, said subordination to facilitate a new first mortgage with Paragon Home Loans, Inc. in the amount of $87,500 for said Owner, and further authorizes Mayor Steve to sign a subordination agreement for the same.

Agenda Item #6 - Accept Recommendations of the Parker School Ad Hoc Advisory Committee to Withdraw RFP for the Sale and Future Use of the Former Parker School Building and to Issue a Revised RFP Reflecting the Community’s Interest

WHEREAS, the City of Cortland obtained ownership of the historic, vacant, former Parker School building located at 85-99 Madison Street in December 2021 in support of child care projects proposed by the Cortland YMCA and CAPCO; AND

WHEREAS, since taking ownership the partnering organizations withdrew their proposals leaving the City with a vacant building in need of costly repair and maintenance; AND

WHEREAS, on February 7, 2023 the Common Council adopted Resolution No. 44 authorizing issuance of a Request for Proposals (RFP) to find new ownership and development opportunities for the former school building; AND

WHEREAS, a single proposal was submitted in response to the RFP; AND

WHEREAS, the City conducted two public information and discussion meetings, and two public hearings on the submitted proposal and the community’s interest for the future use of the former Parker School building; AND

WHEREAS, after hearing and considering concerns expressed by residents about the future use of the building, Mayor Steve recommended that the Parker School Ad Hoc Planning Committee membership be expanded to include neighborhood residents and other community perspectives and reconvene for the purpose of reviewing the submitted proposal, community input and the viability of various use; AND

WHEREAS, The Parker School Ad Hoc Advisory Committee has considered the comments and concerns expressed my residents, and concludes there to be broad community consensus on the following:

  • the submitted housing development proposal would create density greater than that intended by the city zoning code; and
  • the building’s redevelopment should emphasize community-centered, mixed-use and include categories of use, services and activities that meet community educational, developmental and social needs; AND

WHEREAS, based on this input and an assessment of the viability of certain categories of use, services and activities, the Parker School Ad Hoc Advisory Committee has submitted the following recommendations to the Common Council:

  1. The City withdraw the Request for Proposals (RFP) issued in March 2023, exercising its rights as reserved in Section VI. A. of the RFP; and
  2. The City issue a revised RFP that includes and emphasis the following criteria, covenants and parameters of mixed-use redevelopment:
  • A. Multi-use on first floor for purposes including (e.g. offices, community services, educational and developmental services, social activities, small commercial businesses and economic development initiatives);
  • B. Use on the second floor purposes listed above and/or residential units which shall: not exceed 25 in number of units. Be at least 700 square feet each. Not exceed 35 collective occupants (total for all apartments)
  • C. Long-term commitment (minimum of 25+ years; preferred to be 50+ years);
  • D. Limited or no expansion of building footprint;
  • E. Development design that preserve the historic architecture and character of the building and preserve and enhance the character of the surrounding neighborhood;
  • F. Retention of the school sign;
  • G. Maintaining a playground;
  • H. Limitations and conditions on noise levels and time for noise, lighting and light penetration, buffers and barriers, parking and traffic patterns and other items subject to review and approval by the county planning board, and city planning commission and zoning board of appeals;
  • I. No access point on Maple Ave.;
  • J. Utilization of innovative and technology for a sustainable development, green construction standards, and energy efficiency.
  • K. Early and periodic engagement with the community, including evidence of integrated planning with community organizations;

NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council does here by accept in full the recommendations submitted by the Parker School Ad Hoc Advisory Committee on November 8, 2023; AND BE IT FURTHER

RESOLVED, that the Common Council hereby withdraws the Request for Proposals (RFP) issued in March 2023, exercising its rights as reserved in Section VI. A. of the RFP; AND BE IT FURTHER

RESOLVED, that the City of Cortland shall issue, after review by the Parker School Ad Hoc Advisory Committee, a revised RFP that includes and emphasis the criteria, covenants and parameters of mixed-use redevelopment as recommended by the Advisory Committee; AND BE IT FURTHER

RESOLVED, that the Advisory Committee shall review and the public be given opportunity to comment on any proposal submitted in response to the RFP prior to the Common Council accepting or rejecting any such proposal.

Agenda Item #7 - Authorize Letter of Support for YWCA Grant Application to Fund Emergency and Permanent Supportive Housing for Domestic Violence Victims and Survivors.

WHEREAS, the Cortland YWCA is applying for grant funding through the Empire State Supportive Housing Initiative to fund emergency and permanent supportive housing for domestic violence victims and survivors; AND

WHEREAS, the Grace Brown House, an initiative of the Cortland YWCA to provide permanent supportive housing for survivors of domestic violence, opened in May 2022 and has maintained full occupancy with a waiting list; AND

WHEREAS, the YWCA is committed and has proven well-equipped to expand the community’s capacity to meet the growing need for more safe, affordable, and permanent housing as would be provided by this grant; NOW, THEREFORE, BE IT

RESOLVED, that the Common Council does hereby authorize Mayor Steve to submit a letter in support of the Cortland YWCA’s grant application through the Empire State Supportive Housing Initiative to fund emergency and permanent supportive housing for domestic violence victims and survivors.

Agenda Item #8 - Authorize Police Department Hiring in Contemplation of Retirements

WHEREAS, the Cortland City Police has an authorized force of 32 full-time police officers and one part-time police officer assigned to the SRO position; AND

WHEREAS, the Cortland City Police Department currently has six open full-time police officer positions, including five patrol officers and one Community Oriented Police Officer; AND

WHEREAS, the Cortland City Police Department has suffered unprecedented staffing shortages over the past few years due to transfers, retirements and a lack of qualified candidates; AND

WHEREAS, staffing shortages requires mandatory staffing levels to be filled with overtime, which is an increased cost to the City and often requires officers to work long hours above and beyond their normal scheduled shifts; AND

WHEREAS, the excessive overtime and longer shifts negatively impact officer safety and morale; AND

WHEREAS, the Chief of Police has received information concerning the anticipated retirement of 2024, which would create two additional vacancies within the agency; AND

WHEREAS, the Cortland County Civil Service list for new police officer candidates has just been received and there are scheduled police academies in January, March and April of 2024 which would allow replacement officers to be hired and commence their training prior to these vacancies; AND

WHEREAS, keeping staffing levels full reduces overtime and saves money, increases officer safety and morale, and provides more opportunity for proactive policing of the community; NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council grants authority to the Chief of Police to hire two additional police officers above their authorized staffing levels, effective December 14, 2023 through December 1, 2024, to lessen the impact of staffing shortages based upon information that two senior officers are intending to retire in early 2024

Agenda Item #9 - Authorize Youth Bureau to Set Fees for use of City Park Buildings, Pavilions and Shelters

WHEREAS, the City of Cortland Youth Bureau currently charges city residents $100 fee to reserve the Beaudry building, Burch building, Rotary shelter and Yaman pavilions and a $125 fee for non-city residents; AND

WHEREAS, the City of Cortland Youth Bureau proposes to increase the fees to $150 for City residents and $175 for non-city residents; AND

WHEREAS; the City of Cortland Youth Bureau has not raised fees since 2019; AND

WHEREAS, increasing fees will cover the costs of rising salaries and the overtime to clean and maintain the buildings for weekend rentals; NOW, THEREFORE, BE IT,

RESOLVED, that the City of Cortland Common Council authorizes the City of Cortland Youth Bureau to increase fees to all facilities to $150 for city residents and $175 for non-city residents beginning January 1, 2024.

Discussion Items

Discussion Item #1 - Update on Discussions with Cayuga Addiction Recovery Services (C.A.R.S.) on Community Concerns about the Proposed Methadone Treatment Program

 

ADJOURNMENT