PRESENT: ALSO PRESENT: ABSENT: INVOCATION 1… · INVOCATION: Pastor Joel Bolduc of the Station Church PLEDGE TO THE FLAG: Mayor Buckley Brian O’Donovan, Dr. Robshaw and Dr. Mehr

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A regular meeting of the Hornell Common Council was held on Monday, March 16,

2020, at 6:59 p.m. in the third floor conference room at 82 Main St., Hornell, N.Y.

PRESENT: John J. Buckley Mayor; Council members, Ponticello, Brown,

Allison, Warriner, Cleveland, Valentine, Bassage, and Carbone; Stenographer Ellen Kerr,

and City Clerk Melissa Logan.

ALSO PRESENT: Jason Jordan from The Evening Tribune, Fire Chief Frank

Brzozowski, School Superintendent Jeremy Palotti, Pastor Joel Bolduc, Chamberlain

Michele Smith and Police Chief Ted Murray.

ABSENT: City Attorney Joseph Pelych, Council members Argentieri and

Shinebarger.

INVOCATION: Pastor Joel Bolduc of the Station Church

PLEDGE TO THE FLAG: Mayor Buckley

Brian O’Donovan, Dr. Robshaw and Dr. Mehr spoke about the change over from the old

hospital to the new hospital and how COVID-19 is being dealt with in our community.

School Superintendent Jeremy Palotti spoke on the closing of schools and how they are

dealing with the COVID-19 pandemic.

By: Allison/Valentine

RESOLVED, that the minutes of the Common Council meeting of February 24,

2020 be approved as read.

Carried – 8

Absent – 2 (Argentieri, Shinebarger)

By: Cleveland/Ponticello

RESOLVED that the Reports of Officers be and hereby are approved and placed

on file.

REPORTS FILED: City Clerk-2/2020; Humane Society-2/2020; BPS Minutes – 2/2020; Codes/Codes

Log-2/2020; HPD-2/2020; Fire/Amb-2/2020; Gen Fund Exp.-2/2020; Water Fund

Exp.-2/2020; Gen Fund Rev.-2/2020; Water Fund Rev.-2/2020

Carried – 8


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By: Brown/Allison

RESOLVED, that the Reports of Committees be accepted and placed on file.

Carried – 8


COMMITTEE REPORTS:

AUDIT COMMITTEE

March 13, 2020

To the Honorable John J. Buckley, Mayor

And

Members of the Common Council

Ladies and Gentlemen:

Bills were audited and approved by Audit Committee Members Jeff Brown, Jim Bassage,

Richard Argentieri, Kevin Valentine and Audit Committee Chairman John Carbone.

Bills audited and approved:

CC $301,404.69

CD $ 112.81

Payroll $ 75,649.28

TOTAL $377,166.78

Respectfully submitted,

John Carbone, Chairman

Audit Committee

Finance Committee

February 25, 2020


And


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Ladies and Gentleman:

The finance committee met in the 2nd

floor conference room at City Hall. Committee

members present were Jessica Cleveland, Steven Shinebarger, Dan Warriner and chair

Melissa Ponticello. Also present were, Mayor Buckley, and City Chamberlain Michele

Smith. The meeting was called to order at 5:35pm.

1. We had a discussion around City vehicles that will be needed for different

departments. The Mayor discussed leasing them as a better option for the City. We

also discussed a City ambulance that they are almost ready with all the specs to

send out to bid.

2. A motion was made to go into executive session to discuss a personnel matter.

Jessica made the motion and a second by Dan. Ayes all.

3. Motion to come out of executive session was made by Jessica and second by Steve.

Ayes all.

4. We had a discussion surrounding overtime within the departments. The DPW due

to all the water breaks, police officers because of new officers in training at the

academy and the Fire department due to 3 retirements and a fireman out on

disability.

5. A meeting was tentatively scheduled once we have all the numbers back from the

Board of Assessments to put in place a budget for the upcoming year. The date is

3/11 at 6pm.

At 7:05 pm a motion by Dan, second by Steve was made to adjourn.

Respectfully submitted

Melissa Ponticello, Chairwoman

March 16, 2020


And


Ladies and Gentleman:

The finance committee met in the 2nd

floor conference room at City Hall. Committee

members present were Jessica Cleveland, Dan Warriner, John Carbone and chair Melissa

Ponticello. Also present were, Mayor Buckley, and City Chamberlain Michele Smith.

The meeting was called to order at 6:07pm.

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1. We had a first look at the 20-21 budget numbers. Some questions surrounding

some revenues and expenses were asked. We as a committee will look at the

budget and be ready to discuss at our next meeting.

2. The mayor presented the water and waste water contract that he came to an

agreement with the union. The details are a 5yr contract, with pay increases of 1%,

2 ½,2 ½, 2 ½, and 3% beginning from April 2019. Also in the contract that there

will be no retirement incentive for any new hires.

3. Motion to go into executive session was made by Jessica and second by John. Ayes

all.

4. A motion to come out of executive session was made by Jessica and second by

John. Ayes all.

5. A meeting was tentatively scheduled for Tuesday March 24th

6. At 6:56 pm a motion by Dan, second by Jessica was made to adjourn.

Respectfully submitted

Melissa Ponticello, Chairwoman

QUALITY OF LIFE

March 5, 2020

To the Honorable John J. Buckley


Ladies and Gentleman

A Quality of Life meeting was held in the second floor conference room at City Hall on

March 5, 2020 at 5:30pm. The meeting was called to order at 5:31pm. In attendance:

Alderman Kevin Valentine, Alderman Dan Warriner, Alderwoman Melissa Ponticello,

Alderman John Allison, Police Chief Ted Murray, Investigator Tom Aini, Fire Chief

Frank Brzozowski, Codes Enforcement Director Bud Burdett and Chairwoman Jessica

Cleveland

Guests: Alderman Steve Shinebarger

Motion by Melissa, seconded by Dan to open the meeting at 5:31pm. All ayes.

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A review of the intent of the meeting is to discuss the streetlight conversion to LED lights

to ensure the best quality of life for all residents.

Alderman Shinebarger provided and extensive review of the history of streetlights and

the issue at hand regarding choices of LED streetlights. Discussion regarding

recommendations of the American Medical Association regarding lumens and color

temperature of LED lights with supportive materials. Notable negative effects associated

with blue light exposure on circadian rhythm and pupillary response.

Features of the LED lights also discussed with public safety support expressed.

Yellow color temperature will be more similar to current lighting provided and least

drastic change.

Motion by Kevin, second by John Allison for recommendations for 3000k, yellow color

temperature lights for LED light conversion. All ayes.

With no further business, there was a motion to adjourn at 5:52pm by Melissa, seconded

by John Allison.


Jessica Cleveland

Chairwoman

RESOLUTONS:

By: Ponticello/Cleveland

HN 20-29 Federal Cash Mgmt. Policy

NOW, THEREFORE, BE IT RESOLVED, that the Common Council does hereby

approve the attached Federal Cash Management Policy.

Carried – 7


Excused – 1 (Carbone)

By: Warriner/Valentine

HN 20-Stipulation of Settlement

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WHEREAS, the City and the Union are parties to a collective bargaining agreement (“CBA”)

covering the period of April 1, 2016 through March 31, 2020 regarding a unit of police officers and

sergeants within the City’s Police Department; and

WHEREAS, a dispute has arisen concerning the application of the retirement incentive to be paid under

Article VIII, Section 824 of the parties’ CBA, a certain Memorandum of Agreement (“MOA”) dated

December 22, 2016, and a certain Settlement of Grievance document dated August 13, 2017; and

WHEREAS, the Union had stated an intention to pursue said dispute to binding grievance arbitration

under Article VIII of the parties’ CBA; and

WHEREAS, the City and the Union have reached a mutually agreeable settlement of the aforesaid

grievance in the interest of avoiding the expense and inconvenience of arbitration;

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS

SET FORTH HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. As used in this Agreement, the term “City” shall mean the City of Hornell, New York, its current

and former elected officials including but not limited to the Mayor and the City Council, and the

City’s other current and former officers, employees, agents, successors and assigns (in their

individual and representative capacities). The term “Union” shall mean the New York State Law

Enforcement Officers Union, Council 82, AFSCME, AFL-CIO (including but not limited to Union

Local 3515), and its current and former officers, members, employees and agents (in their individual

and representative capacities).

2. By entering into this Agreement, the parties hereto are not admitting to any liability beyond that

addressed by this Agreement and are also not admitting to the validity or invalidity of the

aforementioned grievance. Furthermore, and in recognition that this Agreement is intended to be a

final and complete resolution of the aforesaid matter , the City of Hornell and the Union hereby

waive any rights they, or either of them, may have had, or may have, to seek arbitration of this

matter under the collective bargaining agreement, or to seek any judicial review civilly or under

either Article 78, or Article 75, or both, of the New York State Civil Practice Law and Rules, the

New York State Labor Law, or any other statute, ordinance, rule, or regulation.

3. The Union further agrees to withdraw the aforementioned contract grievance, and any associated

demand for arbitration, with prejudice.

4. The parties understand that this Agreement is supported by adequate consideration, and that they are

accepting such consideration in return for their agreement to be bound by the terms of this

Agreement. The parties further agree and acknowledge that the terms of this Agreement are

reasonable.

5. The parties acknowledge that during their joint discussions which resulted in this Agreement, that

they were fully and fairly represented; that they had the unlimited right and opportunity to propose

the terms of this Agreement; that they had the opportunity to ask and have answered any questions

that they may have; that they were given a reasonable time to consider the terms of this Agreement;

that they knowingly, voluntarily and of their own free will entered into this Agreement; having read

and fully understanding its terms, meanings, and effect; and that all understandings and agreements

arrived at between the parties are set forth in this Agreement.

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6. Except where preempted by federal law, this Agreement shall in all respects be interpreted, enforced

and governed by the statutes and common law of the State of New York. The language of all parts

of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not

strictly for or against any of the parties.

7. This Agreement constitutes the entire agreement and understanding between the parties on the

limited issues addressed herein and supersedes any and prior understandings on the limited issues

addressed herein whether oral or written. The parties acknowledge that no representation, promise,

inducement, or statement of intention has been made by any party to this Agreement that is not

embodied in this Agreement, and agree that no party shall be bound by, or liable for, any alleged

representation, promise, inducement, or statement of intention not set forth in this Agreement.

8. This Agreement shall not be modified except by a writing signed by all parties.

9. This Agreement shall not serve as a precedent in any future grievance proceeding or other dispute

involving the City and the Union (or its members), except that the Union acknowledges that no other

currently retired police officer has any viable claim to a retirement incentive payment under the

CBA, or the aforesaid MOA, or either of them.

10. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and each

of their respective legal representatives, estates, successors, assigns, heirs, administrators, personal

representatives, and executors.

11. This Agreement may be executed in any number of counterparts, all of which shall constitute one

and only one Agreement. So long as original signatures of each party are secured, the parties agree

that it is not necessary that all signatures be on a single page. A facsimile or electronic copy of this

Agreement will have the same force and effect as the original.

12. This agreement has been reviewed and approved by the City’s Common Council.

Carried – 7



By: Brown/Ponticello

HN 20-31 Auth. For Mayor to Purchase Ambulance WHEREAS, the City and the Union are parties to a collective bargaining agreement (“CBA”)

covering the period of April 1, 2016 through March 31, 2020 regarding a unit of police officers and

sergeants within the City’s Police Department; and

WHEREAS, a dispute has arisen concerning the application of the retirement incentive to be paid under

Article VIII, Section 824 of the parties’ CBA, a certain Memorandum of Agreement (“MOA”) dated

December 22, 2016, and a certain Settlement of Grievance document dated August 13, 2017; and

WHEREAS, the Union had stated an intention to pursue said dispute to binding grievance arbitration

under Article VIII of the parties’ CBA; and

WHEREAS, the City and the Union have reached a mutually agreeable settlement of the aforesaid

grievance in the interest of avoiding the expense and inconvenience of arbitration;

123

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS

SET FORTH HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

13. As used in this Agreement, the term “City” shall mean the City of Hornell, New York, its current

and former elected officials including but not limited to the Mayor and the City Council, and the

City’s other current and former officers, employees, agents, successors and assigns (in their

individual and representative capacities). The term “Union” shall mean the New York State Law

Enforcement Officers Union, Council 82, AFSCME, AFL-CIO (including but not limited to Union

Local 3515), and its current and former officers, members, employees and agents (in their individual

and representative capacities).

14. By entering into this Agreement, the parties hereto are not admitting to any liability beyond that

addressed by this Agreement and are also not admitting to the validity or invalidity of the

aforementioned grievance. Furthermore, and in recognition that this Agreement is intended to be a

final and complete resolution of the aforesaid matter , the City of Hornell and the Union hereby

waive any rights they, or either of them, may have had, or may have, to seek arbitration of this

matter under the collective bargaining agreement, or to seek any judicial review civilly or under

either Article 78, or Article 75, or both, of the New York State Civil Practice Law and Rules, the

New York State Labor Law, or any other statute, ordinance, rule, or regulation.

15. The Union further agrees to withdraw the aforementioned contract grievance, and any associated

demand for arbitration, with prejudice.

16. The parties understand that this Agreement is supported by adequate consideration, and that they are

accepting such consideration in return for their agreement to be bound by the terms of this

Agreement. The parties further agree and acknowledge that the terms of this Agreement are

reasonable.

17. The parties acknowledge that during their joint discussions which resulted in this Agreement, that

they were fully and fairly represented; that they had the unlimited right and opportunity to propose

the terms of this Agreement; that they had the opportunity to ask and have answered any questions

that they may have; that they were given a reasonable time to consider the terms of this Agreement;

that they knowingly, voluntarily and of their own free will entered into this Agreement; having read

and fully understanding its terms, meanings, and effect; and that all understandings and agreements

arrived at between the parties are set forth in this Agreement.

18. Except where preempted by federal law, this Agreement shall in all respects be interpreted, enforced

and governed by the statutes and common law of the State of New York. The language of all parts

of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not

strictly for or against any of the parties.

19. This Agreement constitutes the entire agreement and understanding between the parties on the

limited issues addressed herein and supersedes any and prior understandings on the limited issues

addressed herein whether oral or written. The parties acknowledge that no representation, promise,

inducement, or statement of intention has been made by any party to this Agreement that is not

embodied in this Agreement, and agree that no party shall be bound by, or liable for, any alleged

representation, promise, inducement, or statement of intention not set forth in this Agreement.

20. This Agreement shall not be modified except by a writing signed by all parties.

124

21. This Agreement shall not serve as a precedent in any future grievance proceeding or other dispute

involving the City and the Union (or its members), except that the Union acknowledges that no other

currently retired police officer has any viable claim to a retirement incentive payment under the

CBA, or the aforesaid MOA, or either of them.

22. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and each

of their respective legal representatives, estates, successors, assigns, heirs, administrators, personal

representatives, and executors.

23. This Agreement may be executed in any number of counterparts, all of which shall constitute one

and only one Agreement. So long as original signatures of each party are secured, the parties agree

that it is not necessary that all signatures be on a single page. A facsimile or electronic copy of this

Agreement will have the same force and effect as the original.

24. This agreement has been reviewed and approved by the City’s Common Council.

Carried – 7



By: Cleveland/Warriner

HN 20-32 Ratify WWTPO Contract

RESOLVED, that the City of Hornell Common Council hereby approves a five-year

contract between the City of Hornell and the Water & Waste Treatment Plant Operators,

retro to April 1, 2019 and ending March 31, 2024.

Carried – 8


By: Cleveland/Bassage

HN 20-33 Lease Authorizing Resolution

Whereas, City of Hornell (the “Lessee”), a body politic and corporate duly

organized and existing as a political subdivision, municipal corporation or similar public

entity of the State of New York, is authorized by the laws of the State of New York to

purchase, acquire and lease personal property for the benefit of the Lessee and its

inhabitants and to enter into contracts with respect thereto; and

Whereas, the Lessee desires to purchase, acquire and lease certain equipment

constituting personal property necessary for the Lessee to perform essential governmental

functions; and

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Whereas, in order to acquire such equipment, the Lessee proposes to enter into

that certain Equipment Lease Purchase Agreement (the “Agreement’”) with Real Lease,

Inc. (the “Lessor”); and

Whereas, the governing body of the Lessee deems it for the benefit of the Lessee

and for the efficient and effective administration thereof to enter into the Agreement for

the purchase, acquisition and leasing of the equipment therein described on the terms and

conditions therein provided;

Now, Therefore, Be It And It Is Hereby Resolved;

Section 1. Approval of Documents. The form, terms and provisions of the

Agreement are hereby approved by the Lessee or other members of the governing body

of the Lessee executing the same, the execution of such documents being conclusive

evidence of such approval; and the Mayor of the Lessee is hereby authorized and directed

to execute, and the City Clerk of the Lessee is hereby authorized and directed to attest

and countersign the Agreement and affix the seal of the Lessee to such documents.

Section 2. Other Actions Authorized. The officers and employees of the Lessee

shall take all action necessary or reasonably required by the parties to the Agreement to

carry out, give effect to and consummate the transactions contemplated thereby and to

take all action necessary in conformity therewith, including, without limitation, the

execution and delivery of any closing and other documents required to be delivered in

connection with the Agreement.

Section 3. No General Liability. Nothing contained in this Resolution, the

Agreement nor any other instrument shall be construed with respect to the Lessee as

incurring a pecuniary liability or charge upon the general credit of the Lessee or against

its taxing power, nor shall the breach of any agreement contained in this Resolution, the

Agreement or any other instrument or document executed in connection therewith impose

any pecuniary liability upon the Lessee or any charge upon its general credit or against its

taxing power, except to the extent that the Rental Payments

payable under the Agreement are special limited obligations of the Lessee as provided in

the Agreement.

Section 4. Section 265(b) (3,) Designation. Lessee hereby designates the

Agreement as a “qualified tax-exempt obligation” for the purposes and within the

meaning of Section 265(b of the Internal Revenue Code of 1986, as amended. Lessee

further represents that Lessee reasonably anticipates that Lessee and other entities that

Lessee controls will not issue tax-exempt obligations (including the Agreement) that

exceed the aggregate principal amount of $30,000,000 during the calendar year in which

the Agreement is executed and delivered.

126

Section 5. Severability. If any section, paragraph, clause or provision of this

Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or

unenforceability of such section, paragraph, clause or provision shall not affect any of the

remaining provisions of this Resolution.

Section 6. Repealer. All bylaws, orders and resolutions or parts thereof,

inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This

repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or

part thereof.

Section 7. Effective Date. This Resolution shall be effective immediately upon its

approval and adoption.

Adopted and Approved by the governing body of the Lessee this 16th day of

March, 2020.

Carried – 7



By: Browm/Allison

HN 20-34 Draw Checks

NOW, THEREFORE, BE IT RESOLVED, that the Mayor, City Chamberlain

and City Clerk be authorized to draw checks.

Carried – 7



By: Allison/Valentine

HN 20-35 Official Depositories

NOW, THEREFORE, BE IT RESOLVED, that Steuben Trust Co., Depository Trust

Company of New York, Chase Manhattan Bank, MBIA Municipal Investors Service

Corp., Five Star Bank, Community Bank and Citizens & Northern Bank be and are

hereby designated official depositories for monies of the City of Hornell, N.Y., for fiscal

year 2020-21.

127

Carried – 7

Absent - 2 (Argentieri, Shinebarger)


By: Brown/Valentine

HN 20-36 Official Newspaper NOW, THEREFORE, BE IT RESOLVED, that the Common Council does hereby designate

The Spectator as the Official Newspaper for 2020-21.

Carried – 7



Claims:

By: Ponticello/Brown

NOW, THEREFORE, BE IT RESOLVED, that claims in the amount of

$377,166.78 as audited by the Audit Committee of the Common Council of the City of

Hornell, are approved and authorized paid as audited.

Common Council $301,404.69

Community Development $ 112.89

Payrolls $ 75,649.28

TOTAL $377,166.78

Carried – 7



New & Unfinished Business:

By: Brown/Allison

Common Council Entered into Executive Session

Carried – 7



128

By: Cleveland/Valentine

Common Council Exited Executive Session

Carried – 7



By: Cleveland/Warriner

RESOLVED, that there being no further business the Common Council adjourned

at 9:13 pm

Carried – 7




____________________________

Melissa Logan

City Clerk