Cortland Common Council Agenda: March 5th, 2024

(Photo provided by Kevin L. Smith of The Cortland Voice).

Here is the agenda for Tuesday’s (March 5th, 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

Public Hearings

Proposed Local Law No. 3: Amendment of Chapter 300 – Regulation of Cannabis Dispensaries and Related Retail Establishments

§300-4 and §300-32 of the city’s Administrative Code limits retail dispensaries of cannabis and cannabis related products within zoning districts other than in district GB-1. Local Law No. 2 of 2024 limits the retail sale of tobacco products, electronic smoking devices, and all other products regulated by the Adolescent Tobacco Use Prevention Act. Proposed Local Law No. 3 would align Local Law No. 2 of 2024 with the intent of §300-4 and §300-32 of the Administrative Code.

Financial Reports & Updates

Year to Date Actuals 2023 Year-End Process Grant and Capital Projects

  • 2021 Income Property Rehabilitation Funding
  • 2022 Water and Sewer Lateral Program
  • 2022 Microenterprise Assistance Program
  • Local Waterfront Revitalization Program at Tioughnioga River
  • Downtown Revitalization Initiative – Main Street Improvements
  • Clinton Avenue and Southside Drainage

Call to Order

  • 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 - Adopt Local Law No. 3 of 2024 to Limit Headshops, Retail Dispensaries of Cannabis and Related Products within Zoning Districts other than GB-1

WHEREAS, Article I §300-4 and §300-32 of the city’s Administrative Code limits retail dispensaries of cannabis and cannabis related products within zoning districts other than in district GB-1; AND

WHEREAS, the City of Cortland seeks to limit the retail sale of tobacco products, electronic smoking devices, and all other products regulated by the Adolescent Tobacco Use Prevention Act as provided for in the proposed local law relating to tobacco retailing within the city, and the requirement of a local tobacco retail license; AND

WHEREAS, the City of Cortland seeks to align the intent of with §300-4 and §300-32 of the city’s Administrative Code with provisions of the proposed local law; AND

WHEREAS, amendment of the zoning provisions within §300-4 and §300-32 of the city’s Administrative Code, requires referral to and recommendation by the Cortland County Planning Board; AND

WHEREAS, the Cortland County Planning Board reviewed the proposed amendments, recommending technical changes which the City Corporation counsel incorporated into the proposed local law; AND

WHEREAS, the Common Council also requested review by the City of Cortland Planning Commission; AND

WHEREAS, pursuant to §20 of the Municipal Home Rule Law of the State of New York, a public hearing was held on March 5, 2024 regarding the proposed local law; NOW, THEREFORE, BE IT

RESOLVED, that said local law shall read as follows:

CITY OF CORTLAND, NEW YORK

LOCAL LAW NO. 3 OF THE YEAR 2024

AMENDMENT OF CHAPTER 300 – REGULATION OF CANNABIS DISPENSARIES

AND RELATED RETAIL ESTABLISHMENTS

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

Section 1. Enactment and Title.

Chapter 300. Zoning.

Article I. General Provisions.

§300-4. Definitions.

The following definitions shall be added to and included in §300-4.

CANNABIS DISPENSARY – A retail establishment that holds a valid New York State license as outlined in New York State Cannabis Law, and as such has the current authorization for the acquisition, possession, sale, display and/or receive delivery of cannabis or marijuana and related products, as defined by New York State, from the licensed premises of the retail dispensary by such licensee to cannabis consumers. A Cannabis Dispensary shall be subject to and comply with all additional rules, regulations, and restrictions promulgated by New York State. A Cannabis Dispensary shall be subject to the provisions, requirements, and definitions set forth in Chapter 269 of the City’s Administrative Code, as applicable.

HEAD SHOP – A retail establishment that offers for sale, use, or display paraphernalia or items designed, designated, or marketed for use with tobacco products; that offers for sale, use, or display inhalants commonly referred to as ‘vaping products’; that offers for sale, use, or display products inclusive of e-cigarettes, or controlled substances. A Head Shop may alternatively be known as a smoke shop, a vape shop, a cannabis dispensary, or anything similar in use. A Head Shop shall be subject to the provisions, requirements, and definitions set forth in Chapter 269 of the City’s Administrative Code, as applicable.

§300-32. Businesses Permitted and Specially Permitted Uses.

Head Shop, as defined above shall be added and included in §300-32, specifically Table 300-22.

Cannabis Dispensary, as defined above shall be added and included in §300-32, specifically Table 300-22.

Section 2. Separability.

If any part or 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 or 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 - Declare No Mow May and Authorize Program Administrative Functions

WHEREAS, the Common Council, upon recommendation by the city Environmental Advisory Committee, approved the No Mow May program which was initiated in 2023; AND

WHEREAS, the program encourages city residents to let their lawns grow (no-mow) to provide early flower pollen/nectar as forage for insect pollinators; AND

WHEREAS, residents wishing to participate opt-into “no-mow” by registering with the Code Enforcement office online or in-person by April 30th so as not to incur a code violation citation; AND

WHEREAS, based on the successful first year of the program, the Environmental Advisory Committee has recommended that the Common Council approve the program in 2024; AND

WHEREAS, the Environmental Advisory Committee seeks to educate residents about the decline in recent years of pollinators due to significant anthropogenic pressures, and the dependency of plants of all types including food crops, gardens, trees on pollinators to reproduce; AND

WHEREAS, the Environmental Advisory Committee recommends that, due to early spring being a time of vulnerability for pollinators as they emerge from hibernation and food sources being scarce, residents allow their yards to grow naturally during this critical period to provide an important stopgap nectar source for pollinators; NOW, THEREFORE, BE IT

RESOLVED, that the City of Cortland Common Council declares the month of May 2024 as No Mow May and authorizes the Code Enforcement Division to establish a process by which homeowners may register their properties and be issued No Mow May certificates of registration; AND BE IT FURTHER

RESOLVED, that the Code Enforcement Division shall not issue lawn height citations during the month of May, 2023 for properties which are registered in the No Mow May program by April 26, 2024 and which display the No Mow May certificate of registration in a location visible from the street; AND BE IT FURTHER

RESOLVED, that all yards must be mowed in compliance with city code by June 7, 2024 at which time enforcement will resume.

Agenda Item #3 - Authorize Local Government Records Management Improvement Fund Grant Application

WHEREAS, the City of Cortland is required to maintain records in accordance with the Retention and Disposition Schedule for New York Local Government Records (LGS-1 ) issued pursuant to Article 57-A of the Arts and Cultural Affairs Law; AND

WHEREAS, The Local Government Records Management Improvement Fund (LGRMIF) provides grants to local governments to administer records management programs and develop new program components; AND

WHEREAS, the City of Cortland is in need of assistance for the time-intensive assessment of record access, disposition, conversion and management in accordance with the Retention and Disposition Schedule for New York Local Government Records (LGS-1); AND

WHEREAS, the city Record Management Officer has identified Police Department records as being a priority for such assessment; NOW, THEREFORE, BE IT

RESOLVED, that the Mayor is hereby authorized to file an application for funds, requiring no match, in an amount up to $75,000 from the New York State Education Department Local Government Records Management Improvement Fund (LGRMIF) and upon approval of said application to enter into and execute a grant agreement with the State of new York and to take actions necessary to implement the proposed grant project.

Agenda Item #4 - Authorize Purchase of a 2024 Chevrolet Silverado for the Youth Bureau

WHEREAS, the Youth Bureau operates and maintains a fleet of work vehicles for the purpose of inspecting, maintaining, and operating City parks, facilities, and infrastructure; AND

WHEREAS, the Youth Bureau desires to purchase one 2024 Chevrolet Silverado to replace an aging vehicle in the Youth Bureau’s vehicle fleet and facilitate the provision of the Youth Bureau’s day-to-day operations; AND

WHEREAS, the Youth Bureau 2024 budget included funds for this new vehicle purchase, appropriated in line item A7100.540500; AND

WHEREAS, a competitive bid process was utilized from a variety of vehicle dealers on NYS contract under award 23166 to determine the most cost effective purchase with the shortest timeframe for the purchase of the vehicle, NOW, THEREFORE, BE IT

RESOLVED, that the Common Council authorize the Youth Bureau to purchase a 2024 Chevrolet Silverado not to exceed $52,989.60 with funds appropriated from budget line A7110.540500.

Agenda Item #5 - Approve Special Event Permit and Sound Device Permit for the Overdose Remembrance Candle Vigil on August 31, 2024 in Courthouse Park

WHEREAS, organizers of an annual Overdose Awareness Candle Vigil have submitted a Special Event Permit application for the purposes of holding this year’s event on Saturday August 31, 2024 from 5:00 p.m. to 9:00 p.m. in Courthouse Park; AND

WHEREAS, event organizers request access and use of the park for event set-up from 8:00 a.m. to 5:00 p.m. and event cleanup after the event; AND

WHEREAS, organizers have submitted a Sound Device Permit Application from 1:00 p.m. to 9:00 p.m.; AND

WHEREAS, the Youth Bureau, Police Department, Code Office and City Clerk’s Office have reviewed applicable aspects of these permit applications; NOW, THEREFORE, BE IT

RESOLVED, that the Common Council does hereby approve a Special Event Permit for the Overdose Awareness Vigil to be held on August 31, 2023 from 5:00 p.m. to 9:00 p.m. in Courthouse Park contingent on submission of the required certificate of liability insurance and any permit or inspection required by law, regulation or ordinance; AND BE IT FURTHER

RESOLVED, that event organizers are hereby authorized to use Courthouse Park from 8:00 a.m. to 5:00 p.m. to set up for the event, and after 9:00 p.m. for the time necessary to tear down and clean up; AND BE IT FURTHER

RESOLVED, that the Common Council does hereby approve a Sound Device Permit without fee for the Overdose Awareness Vigil on August 31, 2023 from 1:00 p.m. to 9:00 p.m. in Courthouse Park.

Agenda Item #6 - Approve Special Event Permit and Sound Device Permit for the Corn Ducky Derby on May 4, 2024 in Suggett Park

WHEREAS, the Corn Ducky Derby organizers have submitted a Special Event Application for the purposes of holding the Corn Ducky Derby race in Suggett Park on May 4, 2024 from 10:00 a.m. to 2:00 p.m.; AND

WHEREAS, organizers have submitted a Sound Device Permit application for the event; AND

WHEREAS, the Youth Bureau, Police Department, Code Office 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 and a Sound Device Permit without fee for the Corn Ducky Derby to be held in Suggett Park on May 4, 2023 from 10:00 a.m. to 2:00 p.m., 2024.

Agenda Item #7 - Approve Special Event and Sound Device Permit for YMCA 5K Run on April 13, 2024 in Suggett Park and the Neighboring Vicinity

WHEREAS, the YMCA of Cortland has submitted a Special Event Permit application for the purposes of holding a 5K Run in Suggett Park and the neighboring vicinity from 10:00 a.m. to 1:00 p.m. on April 13, 2024; AND

WHEREAS, the organizer has submitted a Sound Device Permit application for a fixed-location speaker and microphone to be used during the event; AND

WHEREAS, the Youth Bureau, Police Department, Code Office 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 Sound Device Permit without fee for the YMCA 5K Run to be held in Suggett Park and the neighboring vicinity from 10:00 a.m. to 1:00 p.m. on April 13, 2024.

Agenda Item #8 - Approve Special Event, Street Closing and Sound Device Permit for the Cortland County Dairy Parade on June 4, 2024

WHEREAS, the organizers of the Cortland County Dairy Parade have submitted a Special Event Permit application for the purposes of holding the Cortland County Dairy Parade from 5:00 p.m. to 8:00 p.m. on June 24, 2024; AND

WHEREAS, the organizers have submitted a Sound Device Permit application for a speakers and microphones to be used during the event; AND

WHEREAS, the organizers have submitted a Street Closing Permit application for streets along the parade route including N. Main St. and Homer Ave., as well as for Lincoln Ave., Maple Ave., Madison St., and Homer Ave. for parade participants to line up; 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, Street Closing Permit and Sound Device Permit without fee for the Cortland County Dairy Parade to be held from 5:00 p.m. to 8:00 p.m. on June 24, 2024.

 

ADJOURNMENT