(Photo provided by Kevin L. Smith of The Cortland Voice).
Here is the agenda for Tuesday’s (July 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
Supporting Documents
Call to Order
- Roll Call
- Salute to the Flag
- Moment of reflection
- Presentations
- Recognitions
- Privilege of the floor
- Mayor’s report
- Ward Reports
- Approval of Minutes
Resolutions
Agenda Item #1 - Set Public Hearing on Proposed Local Law Relating to City Constables
WHEREAS, Article XX, §C20-2 of the City Charter provides that there shall be two elected Constables who shall possess the powers and duties conferred by state law upon peace officers; AND
WHEREAS, the peace officer services of the elected Constables are no longer called upon nor necessitated, and it is proposed that the elected positions by abolished; AND
WHEREAS, an amendment to the City Charter of this nature is subject to mandatory referendum, and if passed shall be placed on the ballot as a proposition subject to City voter approval at the General Election to be held on Tuesday, November 5, 2024; NOW, THEREFORE, BE IT
RESOLVED, that, pursuant to §20 of the Municipal Home Rule Law of the State of New York, a public hearing shall be held prior to the Common Council’s scheduled regular meeting at 6:00 p.m. on July 16, 2024 at City Hall, 25 Court Street, Cortland NY on a proposed local law relative to abolishing the elected positions of Constable subject to approval of City voters at the General Election to be held on November 5, 2024.
Agenda Item #2 - Set Public Hearing on Proposed Local Law to Implement Occupancy Tax Pursuant to New York State Tax Law
WHEREAS, §1202 of the NYS Tax Law allows municipalities to adopt and amend local laws imposing a tax upon persons occupying hotel or motel rooms, bed and breakfast, and other tourist rental stay facilities; AND
WHEREAS, the City of Cortland had prior authorization under NYS Tax Law 1202-gg which expired and was repealed on September 1, 2023; AND
WHEREAS, the Common Council finds that the implementation of a hotel and motel tax rate would benefit the City by providing additional revenues for the promotion of tourism, cultural programs, parks and recreation, and the critical infrastructure and capital improvements necessary to support those items; AND
WHEREAS, the City of Cortland submitted a home rule request seeking passage and enactment of Assembly Bill A.10014 and Senate Bill S.09175 to authorize the City to implement a hotel and motel tax rate of up to three percent (3%) of the per-diem rental rate for each room; AND
WHEREAS, said legislation has been approved by the NYS Assembly and Senate and currently awaits action by the Governor; NOW, THEREFORE, BE IT
RESOLVED, that, pursuant to §20 of the Municipal Home Rule Law of the State of New York, a public hearing shall be held prior to the Common Council’s scheduled regular meeting at 6:00 p.m. on July 16, 2024 at City Hall, 25 Court Street, Cortland NY on a proposed local law to implement a hotel and motel tax rate of up to three percent (3%) of the per-diem rental rate for each room.
Agenda Item #3 - Authorize Creation and Hiring of Temporary, Part-Time Safety Coordinator
WHEREAS, the City of Cortland prioritizes employee and citizen health and safety and compliance with city, state and federal rules and regulations established to protect employee health and safety, and for the public use of municipal owned property and facilities; AND
WHEREAS, there is a need to conduct a short-term review and assessment of safety and ADA functions within the city; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council hereby creates a temporary, part-time position of Safety Coordinator and authorizes the temporary hiring for a period of up to eight (8) weeks at an hourly salary of $25.00.
Agenda Item #4 - Sidewalk Program Conflict of Interest Disclosure
WHEREAS, Thoma Development, administrator of the City’s Sidewalk Program has received applications from the following persons with ties to the City:
- Roy Everett, employed by the City as Zoning and Code Enforcement Officer; Diane Batzing serving as a volunteer appointed member of the Landscape Planning and Design Committee; Jason Hall (as co-owner of HSH Housing), employed by the Water Department; AND
WHEREAS, in the interest of transparency, said persons’ participation in the Sidewalk 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 Roy Everett, Diane Batzing and Jason Hall, having ties to the City of Cortland, have submitted applications for funding through the City’s Sidewalk Program; AND BE IT FURTHER
RESOLVED, that the Common Council, upon the Opinion of Counsel letter, concurs that their participation does not violate City or State law, and that said applications may be accepted pursuant to established policies.
Agenda Item #5 - Authorize 2024 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium as recommended by the Board of Directors
WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans; AND
WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review and upon acceptance of any new Participant hereafter; AND
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by a majority vote by its municipal board; AND
WHEREAS, the City of Cortland is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the Amended Municipal Cooperative Agreement; NOW, THEREFORE, BE IT
RESOLVED, that upon receipt and review of the amended Agreement, the City of Cortland Common Council approves at a meeting of the governing body held on July 2, 2024 and authorizes the Chief Elected Official to sign the 2024 Amendment to the Municipal Cooperative Agreement (Effective 1.1.24) of the Greater Tompkins County Municipal Health Insurance Consortium as recommended by the Board of Directors.
Agenda Item #6 - Declare Administration & Finance Department Office Equipment Surplus and Authorize Sale by Auction
WHEREAS, the Administration & Finance Department has a twenty year old IBM Infoprint 6500 matrix printer and Duplo V-350 perforated form machine which are no longer used and which the City wishes to declare as surplus and auction on Auctions International; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council herby declares the IBM Infoprint 6500 matrix printer and Duplo V-350 perforated form machine as surplus and grants permission for their sale on Auction International, with any proceeds from the sale being placed in the Administration & Finance Department budget
Agenda Item #7 - Declare Police Department Vehicle Surplus and Authorize Sale by Auction
WHEREAS, the Cortland City Police Department has a police vehicle they wish to declare as surplus and auction on Auctions International; AND
WHEREAS, the vehicle is a 2016 Chevrolet Tahoe with over 130,500 miles, needing costly repairs, that served as a marked pursuit vehicle until 2023 and used as a training vehicle since then; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council herby declares the 2016 Chevrolet Tahoe as surplus and grants permission for the agency to sell the vehicle on Auction International, with any proceeds from the sale being placed in the Cortland City Police Department 2024 budget account A3120-520600 (Operating Equipment) to be used for the purchase of new police vehicles and/or equipment.
Agenda Item #8 - Authorize Sale of Abandoned Impound Vehicles
WHEREAS, the Cortland City Police Department operates and maintains an Impound Lot where vehicles are towed which been found to be in violation of either the Vehicle and Traffic Law or Penal Law of the State of New York; AND
WHEREAS, the Cortland City Police Department has authority to charge a daily impound fee for vehicles maintained at the Impound Lot and routinely has vehicles which have been declared abandoned under New York State Law as the owners do not wish to pay the Impound Fees; AND
WHEREAS, the Cortland City Police Department currently has four (4) abandoned vehicles in storage at the Impound Lot which must be disposed of to make space available for future needs; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council does hereby authorize the Cortland City Police to sell four (4) abandoned vehicles at the Impound Lot for scrap and place all proceeds from such sale into budget line A.3120-520600 - Operating Equipment to be utilized towards the purchase of new police vehicles and equipment.
Agenda Item #9 - Declare Department of Public Works Vehicles Surplus and Authorize Sale by Auction
WHEREAS, The City of Cortland Department of Public Works have deemed the following equipment as unusable and wishes to declare the following items as surplus and list for sale appropriately; AND
WHEREAS, This sale is necessary, the equipment is well beyond its life expectancy, is taking up departmental space and is unrepairable; AND
WHEREAS, the funding expected from the sale of the surplus equipment should have a greater impact on the purchase of new departmental items; AND
WHEREAS, let the items be deemed as surplus and all revenues be allocated into the appropriate budget lines for departmental use; DPW A5110-5405-00, NOW, THEREFORE, BE IT
RESOLVED, that the noted surplus and revenue from the sale of such items be allocated as outlined above. “
Agenda Item #10 - Accept and Recognize Donations to the Police Department
WHEREAS, the Cortland City Police Department routinely receives donations from businesses, community organizations and citizens which aid in funding of department programs and has recently received several donations; NOW, THEREFORE, BE IT
RESOLVED, that the City of Cortland Common Council agrees to accept the following donations and recognizes and extends its appreciation for the generosity of the donors listed below.
Agenda Item #11 - Authorize Agreement for Engineering and Architectural Services for Fire Station Renovations
WHEREAS, the Cortland Fire Department has occupied its Headquarters Fire Station since 1914 proving emergency response to all parts of the City from a central location; AND
WHEREAS, the Headquarters Fire Station has had general maintenance and upkeep throughout its existence permitting its function as a fire station while keeping its décor and recognition of its position on the National Registry of Historic; AND
WHEREAS, the City of Cortland has committed to continuing to utilize the structure by seeking fiscal assistance from various grants and other sources to perform major repairs to the roof, windows and apparatus floor; AND
WHEREAS, it is evident that to continue its use as the primary fire station for the City of Cortland, upgrades, modifications and additions will be needed to meet current standards and operational needs; AND
WHEREAS, programming & concept design services have been solicited to determine the functional needs of the department and potential modifications to the building to permit is continued and future use as a fire station; AND
WHEREAS, the many elements of the building due to its age, construction and historic designation require architectural services provided by an organization that has validated history and experience working with this type of building; NOW, THEREFORE, BE IT
RESOLVED that the Common Council does hereby authorize the Mayor to enter into an agreement with Mitchell Associates Architects and Five Bugles Design to perform program review and concept design services for the fire station for $42,000 to establish the preliminary plan for future construction and modifications with funding coming from A.00-26-00.
Discussion Items
Discussion Item #1 - Updates on Independent Financial Audit
