A regular meeting of the Hornell Common Council was held on Tuesday, November 20, 2018, at 7 p.m. in Council Chambers at 82 Main St., Hornell, N.Y.

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A regular meeting of the Hornell Common Council was held on Tuesday, November 20, 2018, at 7 p.m. in Council Chambers at 82 Main St., Hornell, N.Y. PRESENT: John J. Buckley Mayor; Council members Ponticello, Brown, McKay, Argentieri, Warriner, Cleveland, Lehman, Bassage, Shinebarger and Carbone; City Attorney Joe Pelych, Stenographer Karen Schu and City Clerk Barbara Perrott. ALSO PRESENT: Eileen Lehman, Jason Jordan from the Evening Tribune, Bill Dugan from WLEA and 3 high school students ABSENT: None INVOCATION: Marseena Harmonson from Rehoboth Ministries PLEDGE TO THE FLAG: Mayor Buckley By: Lehman/Brown RESOLVED, that the minutes of the Common Council meeting of October 15, 2018 and November 13, 2018 be approved as read. By: Cleveland/Ponticello RESOLVED that the Reports of Officers be and hereby are approved and placed on file. REPORTS FILED: BPW Minutes 9/20/18; Fire 10/2018; DPW 9/2018; Ambulance 10/2018; Petro Tank 10/1/18; Gen. Fund Rev 10/2018; Sewer Checks 9/2018; Water Fund Rev. 10/2018; WTP 9/2018; Humane Society 10/2018; WPCP 9/2018; BPW Minutes 10/18/18; BPS Minutes 10/15/18; DPW 10/2018; Codes 10/2018; Petro Tank Inspections 10/2018; Codes Log 10/2018; Daily Sewer Checks 10/2018; Police 10/2018; WTP 10/2018; WPCP 10/2018 By: Brown/Argentieri RESOLVED, that the Reports of Committees be accepted and placed on file. COMMITTEE REPORTS: AUDIT COMMITTEE November 16, 2018 To the Honorable John J. Buckley, Mayor And 1067

1068 Members of the Common Council Ladies and Gentlemen: Bills were audited and approved by Audit Committee Members Jeff Brown, Jim Bassage, Fred Lehman, Rich Argentieri and Audit Committee Chairman John Carbone. Respectfully submitted, Bills audited and approved: Common Council $243,290.14 CD $151,845.26 Payrolls $ 76,879.58 TOTAL $472,014.98 John Carbone, Chairman Audit Committee Finance Committee November 20, 2018 To the Honorable John J. Buckley, Mayor And Members of the Common Council Ladies and Gentleman: The finance committee met in the 2 nd floor conference room at City Hall. Committee members present were John Carbone, Steven Shinebarger, Dan Warriner and chair Melissa Ponticello. Also in attendance were Mayor Buckley, Alderman Jeff Brown and Deputy Mayor Jessica Cleveland. The meeting was called to order at 6:35pm 1. The committee reviewed the ratified DPW contract. It is a 5 year contract that was agreed upon by their members and the Mayor. In the contract they will receive 2% for 2018, 2019, 2020, 2021, and in 2022 it calls for a 2.5% raise. 2. A motion by John and second by Dan was made to approve the DPW contract for full council vote. Ayes all. 3. A motion was made to go into executive session to discuss some personnel issues. 4. Chief Smith has given his notice to retire and had discussion surrounding the items that were discussed by the previous mayor. During discussion with the Chief, he and Mayor Buckley talked about granting him a stipend for the update and revision of the fire standard operating procedures. The SOPs have not been updated in a very long time, and is definitely needed.

5. A motion by John and second by Steve was made to ask for the full council to go to executive session to discuss the Chief s and Mayor s proposal. 6. A motion was then made by John and second by Dan to exit executive session. At 6:58pm a motion by Dan, second by John was made to adjourn. Respectfully submitted Melissa Ponticello, Chairwoman Oct. 30, 2018 To the Honorable John J. Buckley, Mayor And Members of the Common Council Ladies and Gentleman: The finance committee met in the 2 nd floor conference room at City Hall. Committee members present were John Carbone, Steven Shinebarger, Dan Warriner and chair Melissa Ponticello. Also in attendance were Mayor Buckley, and City Chamberlain Michele Smith. The meeting was called to order at 6:05pm 7. The committee reviewed revenues vs. expenditures through Sept 30, 2018 and compared them to the same time period for 2017. We reviewed changes that are both positive and negative on the City s budget. 8. We reviewed the overtime for the City employees in 2018 vs 2017. We discussed that some OT is unavoidable as it deals with public safety. At this time it is down approximately 2.9% from the same period in 2017. 9. A discussion about the sales tax revenue and the agreement that we are approaching the final year of with the county. It has been a positive agreement as it provided a guaranteed minimum amount of revenue from the county. In addition it provided a guaranteed payment that was part of that agreement. We agreed that we need to look at continuing this agreement again. 10. A motion was made to go into executive session to discuss some personnel issues. No action was taken. At 7:44pm a motion by Dan, second by Steve was made to adjourn. Respectfully submitted Melissa Ponticello, Chairwoman BY: Argentieri/McKay 1069

RESOLVED, that the Common Council of the City of Hornell hereby waives the agenda so that the Common Council may enter into Executive Session at 7:15 to discuss a personnel issue. RESOLUTONS: By: Carbone/Cleveland HN 18-87 Authorize Mayor to sign HPG Agreement WHEREAS, the City of Hornell previously adopted and approved a business improvement district to help promote businesses located within the City of Hornell, and WHEREAS, it is necessary that the City of Hornell enter into a formal agreement with Hornell Partners for Growth, the entity that administers the business improvement district program. NOW, THEREFORE, it is hereby resolved that: The Mayor for the City of Hornell is hereby authorized to enter into an agreement with Hornell Partners for Growth. A copy of the agreement is attached hereto and made a part hereof. By: Ponticello/Argentieri HN-18-88 Ratify DPWA Contract RESOLVED, that the City of Hornell Common Council hereby approves a fiveyear contract between the City of Hornell and the Department of Public Works Association, retro to April 1, 2018 and ending March 31, 2022. By: Brown/Lehman HN-18-89 Adopt Deferred Comp Plan 1070 WHEREAS, the City of Hornell wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the Plan ) for voluntary participation of all eligible employees, and

WHEREAS, the City of Hornell is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law, and WHEREAS, the City of Hornell has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York, and WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the City of Hornell by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis and thereby provide for their retirement; NOW, THEREFORE, it is hereby RESOLVED, that the City of Hornell hereby adopts the Plan for the voluntary participation of all eligible employees, and it is further RESOLVED, that the appropriate officials of the City of Hornell are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan, and it is further RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission. By: Warriner/Carbone HN-18-90 Budget Adjustments WHEREAS, a transfer of funds is necessary to reflect budget adjustments, NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Hornell, NY that the 2018-2019 City of Hornell budget now reflects the following adjustments: Unused EFC Loan Proceeds Phase 4 WPCP Increase Expenditure: A9710.6 Debt Service Bonds Principal by $16,351.52 Increase Revenue: A5031 Interfund Transfer from Capital by $16,351.52 MOU with the Village of Canisteo for WPCP Increase Expenditures: 1071

1072 A8130.1 WPCP Personal Services by $8,400.00 A9030.8 FICA by $536.00 A9010.8 Retirement by $1,074.00 Increase Revenue: A2389 Misc. Revenue Other Government by $10,010.00 Donation from the Bethesda Foundation to purchase a heart monitor Increase Expenditure: A3450.2 Fire Equipment by $35,000.00 Increase Revenue: A2705 Gifts and Donations by $35,000.00 Absent 1 None Claims: By: Carbone/Argentieri NOW, THEREFORE, BE IT RESOLVED, that claims in the amount of $472,014.98, as audited by the Audit Committee of the Common Council of the City of Hornell, be approved and authorized paid as audited. Common Council $243,290.14 CD $151,845.26 Payrolls $ 76,879.58 TOTAL $472,014.98 BY: Carbone/Cleveland HN - 18-91 Waive the Agenda RESOLVED, that the Common Council of the City of Hornell hereby waives the agenda so that the Common Council may discuss two additional resolutions. Absent 1 (McKay excused early)

1073 BY: Warriner/Argentieri HN 18-92 Fire Chief s Stipend WHEREAS, the City wishes to negotiate a stipend in lieu of the implementation of the S.O.P s of the Hornell Fire Department. NOW THEREFORE, it is resolved that the mayor for the City of Hornell is hereby authorized to negotiate and execute a stipend for the fire chief, under terms to be negotiated, for the implementation of the S.O.P s of the Hornell Fire Department. Absent - 1 (McKay) BY: Ponticello/Brown HN - 18-93 NYSEG Easement WHEREAS, the City of Hornell has requested that NYSEG install a new electrical service at the City of Hornell Water Filtration Plant located in the Town of Hornellsville, and WHEREAS, in order to facilitate said installation, the City of Hornell needs to grant an easement to NYSEG. NOW THEREFORE, it is hereby resolved that the Mayor for the City of Hornell is hereby authorized to execute the proposed easement, which is attached hereto and made a part hereof as if fully set forth. Absent - 1 (McKay) By: Carbone/Cleveland RESOLVED, that there being no further business the Common Council adjourned at 7:46 pm Absent 1 (McKay) Respectfully submitted, Barbara M. Perrott City Clerk