Cortland Common Council Agenda: January 2nd, 2024

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

Here is the agenda for Tuesday’s (January 2nd, 2024) 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

Proclamations

Proclamation #1 - Declaring January 7, 2024 as Four Musical Giants Day in Honor of Samuel Forcucci, Barbara Pauldine, Donna Anderson & Donna Yacavone

WHEREAS, Samuel L. Forcucci lived a life in service to his country and community; his musical influence spanning 34 years as a music instructor at SUNY Cortland, 31 years as Music Director at St. Anthony’s and 21 years as Director of the Old Timer’s Band; AND

WHEREAS, Donna J. Yacavone enriched the lives of others as a friend and music teacher at St. Mary’s School; Choir, Music and Liturgy Director at St. Margaret’s Church; and as Director of the Homer High School Band and Cortland Old Timers Band; AND

WHEREAS, Donna K. Anderson was an endearing member of the SUNY Cortland music faculty for 30 years, and shared her gifts as a pianist with the community, students and colleagues among whom she was greatly admired; AND

WHEREAS, Barbara B. Pauldine was beloved as a music educator who shared her time and talent, and inspired others to pursue professional music careers or follow their love of music and join with her in the Choral Union or St. Mary’s Choir; AND

WHEREAS, at 3:00 p.m. on January 7, 2024, at the United Presbyterian Church, Cortland Music, Inc. will present a concert in memoriam of these individuals who have enriched the lives of countless people through their teaching, inspiration, leadership and musical performance; NOW, THEREFORE, BE IT

RESOLVED, that I, Scott Steve, Mayor of the City of Cortland, hereby proclaim January 7, 2024 as Four Musical Giants Day in Honor of Samuel L. Forcucci, Barbara B. Pauldine, Donna K. Anderson and Donna J. Yacavone.

 

Call to Order

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

 

Supporting Documents

 

Resolutions

Agenda Item #1 - Appoint Acting Mayor (Wayne Schutt)

WHEREAS, in accordance with the Cortland City Charter Article IV §C4-4 there shall be an Acting Mayor; AND

WHEREAS, at the first meeting of the Common Council in each year or as soon thereafter as practicable, the Mayor shall appoint a Councilperson to be the Acting Mayor during the Mayor's absence from the City or inability to perform the duties of office as determined by the Mayor or medical certification; NOW, THEREFORE, BE IT

WHEREAS, Mayor Steve has appointed Wayne Schutt, Councilperson for the First Ward to serve as Acting Mayor; NOW, THEREFORE, BE IT

RESOLVED, that the Common Council hereby acknowledges Mayor Steve’s appointment of Wayne Schutt as Acting Mayor for the City of Cortland.

Agenda Item #2 - Designate Bank Depositories for 2024 through 2027

WHEREAS, the Cortland City Council must designate banks and trust companies for the deposit of public funds received by the City; NOW, THEREFORE, BE IT

RESOLVED the following financial institutions are authorized for said purpose:

AND BE IT FURTHER RESOLVED, that collateral agreements, municipal funds protection and bank acknowledgements of the understanding of New York State Municipal and Finance Law be established with said banks during the term of this agreement which will be for a period not to exceed December 31, 2027.

Agenda Item #3 - Designate Signatories

WHEREAS, Cortland City Council is determined to grant signing and authority to certain person(s) described hereunder:

NOW, THEREFORE, BE IT RESOLVED, that the Common Council does hereby authorize and approve Mayor Scott Steve and the Director of Administration & Finance to serve as signatories for the City of Cortland subject to applicable Charter and New York State laws.

Agenda Item #4 - Designate Official Newspapers

WHEREAS, in accordance with the Cortland City Charter Article III §C3-13, Official notices and other legal notices which may be required by law shall be published in such newspaper(s) as may be from time to time designated by the Common Council as official newspaper(s) of the City of Cortland; NOW, THEREFORE, BE IT

RESOLVED, that the Cortland Standard, published by the Cortland Standard Newspaper, 110 Main Street, Cortland, New York 13045, is hereby designated as the official newspaper fairly representing the City of Cortland Common Council for the period of January 1, 2024, through December 31, 2027.

Agenda Item #5 - Appoint Zoning Officer

WHEREAS, in accordance with the Cortland City Charter Article XXVII §C27-1, there shall be a Department of Zoning headed by a Zoning Officer who shall be appointed by the Mayor subject to confirmation by the Common Council and who shall serve at the pleasure of the Mayor, and be directly responsible to the Mayor and/or their designee; AND

WHEREAS, Mayor Steve has appointed Captain Roy Everett as Zoning Officer; NOW, THEREFORE, BE IT

RESOLVED, that that the Cortland Common Council does hereby affirm the Mayor’s appointment of Captain Roy Everett as the Zoning Officer.

Agenda Item #6 - Appoint Commissioner of Deeds for the City of Cortland

WHEREAS, Resolution No. 11 of 2022 appointed Tracey Hatfield as Commissioner of Deed for the City of Cortland for a two-year term from date of appointment, December 21, 2021, until December 21, 2023; AND

WHEREAS, Resolution No. 12 of 2022 appointed Nicole Bennet as Commissioner of Deed for the City of Cortland for a two-year term from date of appointment, January 18, 2022, until January 18, 2024; AND

WHEREAS, pursuant to NYS Executive Law Section 139, appointment of a Commissioner of Deeds by the Common Council shall be for a term of two years; NOW THEREFORE, BE IT

RESOLVED, that the Common Council appoints Tracey Hatfield, residing at, 4384 McCloy Road, Cortland, NY 13045, as Commissioner of Deeds for a term of January 2, 2024 through December 31, 2025; AND BE IT FURTHER

RESOLVED, that the Common Council appoints Nicole Bennett, residing at 5346 East Homer Crossing Road, Cortland, NY 13045 as Commissioner of Deeds for a term of January 2, 2024 through December 31, 2025.

Agenda Item #7 - 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 comprised of a single company identified as the Crown City Ladder & Hose Company of the Cortland Fire Department; 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 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 of the Cortland Fire Department in the amount of $35,000 for volunteer firefighting services for a period ending December 31, 2024.

Agenda Item #8 - Participation in County Mutual Aid Plan

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 may be summoned for a response that overtaxes its resources including but not limited to apparatus, equipment and personnel; AND

WHEREAS, Mutual Aid is organized, supervised, coordinated, cooperative, reciprocal assistance in which personnel, equipment and physical facilities of all participating Fire Departments, regardless of type or size, are utilized for fire or other emergencies in which the services of firefighters would be used throughout the County of Cortland and adjacent areas; AND

WHEREAS, any duly established Fire Department or fire company existing in the County of Cortland may participate in the Cortland County Fire Service Mutual Aid Plan, (hereafter, the Plan), by filing a resolution with the Cortland County Department of Emergency Response and Communications. Such resolution shall state that the Fire Department or Fire Company elects to participate in the Plan and will comply with the provisions of the Plan. The resolution shall also state that the Fire Department or fire company shall recognize a call for assistance from another Fire Department through the Cortland County Communications Center under the direction of the Cortland County Fire Coordinator; NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council affirms the participation of the City of Cortland Fire Department in the Cortland County Fire Service Mutual Aid Plan for a two-year term beginning on January 1, 2024, and ending December 31, 2025, and authorizes the Mayor to sign the agreement.

Agenda Item #9 - Set Public Hearing for Local Law to Limit Cigarette Retail Sale Establishments and Restrict Sales to Specified Areas

WHEREAS, the City of Cortland desires to limit the total number of retail cigarette sale establishments in the City; AND

WHEREAS, the City of Cortland also desires to adopt a local law that prohibits the retail sale of cigarettes with certain proximity to Schools and Parks; NOW, THEREFORE, BE IT

RESOLVED, that pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, a public hearing on a proposed local law to limit cigarette retail sale establishments and restrict sales to specified areas shall be held on January 16, 2024 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 #10 - Set Second Public Hearing for the CDBG Microenterprise Assistance Program #285ME506-22

WHEREAS, the City of Cortland was awarded $200,000 in funding under New York State’s Community Development Block Grant (CDBG) Program to administer a Microenterprise Assistance Program (MAP) which provides assistance to microenterprises in the City of Cortland, microenterprises defined as small businesses with five or fewer individuals including the owner(s); AND

WHEREAS, the State’s CDBG Program requires that a second public hearing be held during the administrative phase of the grant to provide information to the public with respect to the progress of the subject grant and to give the public an opportunity to comment on and ask questions about the said grant and the City’s community development efforts; NOW, THEREFORE, BE IT

RESOLVED that the City of Cortland Common Council shall hold a second public hearing for the Community Development Block Grant (CDBG) Microenterprise Assistance Program (MAP) at 6:00 p.m. January 16, 2023 at City Hall, 25 Court St., Cortland NY.

Agenda Item #11 - Appoint Members to Boards and Commissions

WHEREAS, the City Charter and Administrative Code of the City of Cortland provide for establishment of boards, commissions and committees whose members are appointed by the Mayor with confirmation by the Common Council, and who serve staggered terms of office; AND

WHEREAS, Article X, §C10-2 of the City Charter and §300-181 of the Administrative Code establish the Planning Commission consisting of seven (7) members having staggered three (3) year terms; AND

WHEREAS, Article XII, §C12-3 of the City Charter establishes the Police Commission consisting of five (5) members having staggered five (5) year terms; AND

WHEREAS, §300-140 of the City Administrative Code establishes the Zoning Board of Appeals consisting of five (5) members having staggered five (5) year terms; AND

WHEREAS, §10-3 of the City Administrative Code establishes the Environmental Advisory Committee consisting of seven (7) members having staggered three (3) year terms; AND

WHEREAS, Article XIII, §C13-3 of the City Charter establishes the Fire Commission consisting of five (5) members having staggered five (5) year terms; AND

WHEREAS, §300-51 of the City Administrative Code establishes the Historic Commission consisting of seven (7) members having staggered three (3) year terms; AND

WHEREAS, §5-28 of the City Administrative Code establish the Landscape and Design Commission consisting of seven (7) members having staggered three (3) year terms; AND

WHEREAS, Article XI, §C11-3 of the City Charter establishes the City Board of Public Works consisting of seven (7) members having staggered three (3) year terms; AND

WHEREAS, Article XVII, § C17-3 of the City Charter establishes the Wastewater Treatment Board consisting of five (5) members having staggered five (5) year terms; AND

WHEREAS, Article XIV, §C14-3 of the City Charter establishes the Youth Bureau Commission consisting of fifteen (15) members having staggered five (5) year terms; AND

WHEREAS, the term of office for certain appointees expired December 31, 2023 and other vacancies exist; AND

WHEREAS, Mayor Steve has appointed individuals as listed below; NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council does hereby confirm the following appointments for terms of office as indicated.

Agenda Item #12 - Request a Comprehensive Review by the New York State Financial Restructuring Board for Local Governments

WHEREAS, the City of Cortland is a Fiscally Eligible Municipality based on the criteria established under the New York State Local Finance Law and qualifies to request a Comprehensive Review by the Financial Restructuring Board for Local Governments as a Moderately Distressed City and with the current tax rate; AND

WHEREAS, due to the current financial position of the City, both the Mayor and Director of Administration & Finance recommend engaging the Financial Restructuring Board to assist the City; AND

WHEREAS, the Common Council understands that the Financial Restructuring Board has the ability to undertake a Comprehensive Review of the City of Cortland’s operations, finances and practices; AND

WHEREAS, the Financial Restructuring Board will provide various recommendations to the City of Cortland and if the recommendations are accepted and implemented the City may be eligible for loan or grant dollars; NOW, THEREFORE, BE IT

RESOLVED, that the Mayor and Director of Administration & Finance are authorized to execute any and all documents and instruments necessary to fulfill the City of Cortland’s obligations under the Financial Restructuring Board’s Comprehensive Review, and that summary updates will be provided to City Council based on information received from or provided to the Financial Restructuring Board.

 

Discussion Items

Discussion Item #1 - Occupancy Tax

 

ADJOURNMENT