Minutes of a Regular Meeting of the Board of Trustees of the Village of Johnson City, New York, held at 7:35 PM in the Municipal Building on June 17, 2008

 

 

Mayor Harry G. Lewis                                     Trustees:  Donald Adams      

                                                                                         Richard Balles      

                                                                                         Dennis Hannon

                                                                                         Bruce King

 

                                                                                         Jeff Jacobs             Attorney

                                                                                      

ORDER OF BUSINESS:

 

1.                  PLEDGE OF ALLEGIANCE

The Mayor led the Pledge of Allegiance.

 

2.                  FIRE EXITS

The Mayor noted the fire exits.

 

3.                  MISCELLANEOUS

·         The Mayor thanked all those in attendance.

·         The Mayor asked Dave Whalen – Time Warner Cable – to speak regarding the Franchise Agreement.  The franchise fee will change from 3% to 5%.  The Agreement will be effective the day of signature.  The Village of Johnson City is currently operating under a 6 month continual extension.  The fee change to the cable service consumer would be 2%.  All fee increases come to the Village of Johnson City.  Most local municipalities are currently at 5% - the maximum amount of revenue they are entitled to by law.  Time Warner Cable pays a Real Property tax for lines, property, poles, etc. to the Village.  Dave Whalen stated that Time Warner Cable is passing costs off to the taxpayer. 

·         The Mayor spoke to the “NYS Rail Plan” and the three workshops in the upcoming weeks.

 

4.                  APPROVAL OF BOARD MINUTES

Motion made by Trustee Balles–seconded by Trustee Hannon to accept and place on file the following:

 

Work Session and the Regular Board Meeting minutes of May 27, 2008.

 

Motion  made                                                                           Ayes 5 Nayes 0

 

5.                  BIDS                                                                                                    (none)

 

6.                  PUBLIC HEARINGS   

Sarah Campbell of Hinman, Howard & Katell representing David Gonen, Developer, spoke to the proposed development at 135-139 Baldwin Street.  This is an example of an adaptive reuse of industrial buildings.

 

a)      Special permit for residential use in an IN zone:

 

·         George Maney - 203 Cyndy Street – inquired as to the parking variance related to the proposed development.

 

Sarah Campbell stated that a reduction in parking lot spaces was asked for and granted.

 

·         Marie Lukasik – 106 Martin Ave – asked for Mr. Gonen’s resume, including his experience regarding other developments.  She inquired as to his interest in the properties.

 

Mr. Gonen stated that he was initially interested in another property in the Village and saw this property. 

 

Marie Lukasik inquired as to ground assessments and environmental concerns noting that these properties were former Endicott-Johnson factories. 

 

Mr. Gonen stated that environmental reports are pending and a clean bill of health will be forthcoming.  Mr. Gonen added that he does not wish to incur any environmental liabilities, therefore he is getting all of the necessary permits.

 

·         Nasreen Battla - 147 Grand Avenue – inquired as to what the timeline was for completion of the project. 

 

Mr. Gonen indicated the project will be completed approximately 18 months from time of approval.

 

·         Gerald Kane – 188 Corliss Avenue – inquired as to the bridge on Corliss Avenue and what will become of it do to this project.

 

Mr. Gonen indicated that the walking bridge will not be affected.

 

·         Monica Silas – 16 N. Broad Street - inquired as to if there will be an on site manager and a bond for the project.

 

Mr. Gonen indicated that there will be an on site manager and all bonds that are necessary for the project will be purchased. 

 

Mrs. Silas expressed concern that once the project  was complete it would get run down. 

 

Mr. Gonen indicated that he would not be willing to invest millions to have it go to ruin. 

 

·         Jan Muehlbauer – 102 Martin Avenue - inquired as to who the management company is for this project. 

 

Mr. Gonen indicated they are still looking for a management company.

 

·         Julie Deemie – 153 Zoa Ave – spoke in support of this type of development but had concerns regarding the rental amounts and who was to be doing the construction.

 

Mr. Gonen indicated that the units would rent for approximately $250 - $300 per person and to keep costs to a minimum anticipates that the work will be done professionally by him and his associates.

 

·         Tom Poliziano - 25 Arch Street – inquired as to the “Industrial Spine.” 

 

Sarah Campbell indicated that industrial use of this property was not viable or likely and Mr. Gonen does have a contract to purchase the properties. 

 

Mayor Lewis stated that he would follow up with the “Industrial Spine” study. 

 

·         Ron Jones – 120 N. Broad Street - spoke to the “Industrial Spine” plan given his knowledge of the future development of industrial areas and Brownfield studies.

 

·         Julie Deemie – 153 Zoa Avenue – understood the Brownfield study to be an attempt to redevelop areas to determine the best use for properties.

 

·         Gerald Kane - 188 Corliss Avenue - inquired as to the Brownfield sites in Binghamton and Johnson City.

 

·         Jan Muehlbauer – 102 Martin Ave – inquired as to if Mr. Gonen’s properties in NYC were industrial buildings.  Mr. Gonen again offered his resume.  Mr. Gonen stated that he intends to higher local workers.

 

·         Joe Lukasik – 106 Martin Ave – expressed total support for the project.

 

Mayor closed this portion of the Public Hearing.

 

·         Trustee Hannon inquired as to onsite security. 

 

·         Mr. Gonen indicated that during construction there will be security, post construction security plans are undecided. 

 

·         Sarah Campbell thanked Trustee Hannon for his suggestion.

 

·         Trustee Balles thanked Mr. Gonen for his efforts and expressed his support for the project. Trustee Balles inquired as to if Mr. Gonen would provide background on other projects. 

 

Mr. Gonen indicated that he would be glad to provide any/all information that is requested of him.  

 

Trustee Balles specifically asked for references from projects done in the past.  Trustee Balles inquired as to if Mr. Gonen owned other property in Broome County and if he was receiving any tax breaks. 

 

Mr. Gonen indicated he was receiving tax relief via the Empire Zone through New York State, but nothing through the Village of Johnson City.

 

Trustee Balles inquired as to if Mr. Gonen owned any other properties in the area or specifically Johnson City.

 

Mr. Gonen stated he did not have other properties in the area but was open to suggestions.  Mr. Gonen has made efforts to acquire space for parking. 

 

Trustee Balles inquired as to if Mr. Gonen had done a feasibility study.

 

Mr. Gonen stated that no feasibility study was done as he relied on information from the CFred study. 

 

Trustee Balles inquired as to Mr. Gonen’s website so as to check on other properties and ownership.  That website is:  www.Propertyshark.com

 

·         Mayor Lewis spoke to Mr. Gonen’s references and properties.  He inquired as to whether Mr. Gonen will not tear out the walk over bridge on the property. 

 

Mr. Gonen indicated that he is in negotiations with Mr. Rosen to purchase other buildings, thus the bridge, as a standing structure, would be advantageous.

 

b)      Special permit for a retail store in an IN zone:

 

·         Marie Lukasik – 106 Martin Ave – inquired as to if the proposed coffee shop would be open to the public.

 

Mr. Gonen indicated that it would.

 

Mayor Lewis closed this portion of the Public Hearing.

 

No action was taken; awaiting SEQR from Planning Board.

 

7.                  PETITIONS RECEIVED                                                                                 (none)                                     

 

 

8.                  PRIVILEGE OF THE FLOOR – VISITORS

 

·         Ed Michalak – 52 Brown Street – expressed concern about the condition of the Carousal.

 

Mayor Lewis indicated a grant was given to the Village to tend to the Carousal.

 

·         Ron Jones – 120 Ackley Avenue – inquired as to when the Pagoda would be ready to move.

 

Mayor Lewis stated that all indications were for a Thursday or Friday move.

 

·         Gerald Kane – 188 Corliss Avenue – inquired as to the New York State hearing on Railroads.

 

Mayor Lewis stated it was related to the NYS Rail Plan.

 

Gerald Kane expressed concern about the condition of the existing railroad beds and lack of maintenance and cleaning issues around the tracks.  He feels that the railroads should maintain what they have rather than ask for additional money for more projects.  He expressed general disgust with the condition of the railroad and surrounding property they own, indicating trees are rotting and falling on private property.

 

·         Marie Lukasik – 106 Martin Ave – asked Jennifer Kakusian Clerk/Treasurer, if she knew what the tax impact of the fire fighter contract was to be.

 

Jennifer Kakusian explained the report she generated and gave to the Board of Trustees in the Work Session.

 

·         Ilene Edwards – 127 Pearl Street inquired as to if the fire fighter contract was truly a done deal.

 

Mayor Lewis indicated that the contract was a done deal unless the Board asked for relief from the fire fighters.

 

·         George Maney – 203 Cyndy Street – asked the Clerk/Treasurer when the report given to the Board would be made available to the public.

 

Jennifer Kakusian stated that she would release the report only when the Mayor and the Board stated she could.

 

Trustee Balles stated that the clothing allowance was not in the report. 

 

·         John Sullivan – 701 Marian Drive – inquired as to if the Trustees felt fully educated on the report and the contract.

 

Trustee Hannon stated he felt the numbers appeared to be correct and cited specific salary increases for fire fighters per the new contract.

 

·         Rick Wallikas – 329 Deyo Hill Road – noted that Mayor Lewis is silent although he is the one who negotiated the contract.  Mr. Wallikas asked for an explanation of the Mayor’s silence.

 

Mayor Lewis explained that in his opinion manpower was the issue; going from 44 to 41 men with retirements.  The Mayor noted that overtime will be monitored.

 

Rick Wallikas stated that taxpayers will suffer for this increase.

 

·         Lisa McCaffery – 3 Eric Court – inquired as to if fire fighters were to be replaced upon retirement.

 

Mayor Lewis emphasized that was the plan, he took the advice of lawyers, and noted that the manning clause was taken out of the contract. 

 

·         Leo Kovacic – 29 Martin Avenue – inquired as to if the Village depends directly on state aid in regards to the budget.

 

Mayor Lewis answered in the affirmative.

 

Leo Kovacic inquired as to if there will be a reduction in state aid.

 

Mayor Lewis stated that state aid has been cut drastically and is consistently dropping.

 

Leo Kovacic inquired as to if when in negotiations whether arbitration was  considered and questioned whether the results of the contract would have been different.  He inquired as to why the proceedings did not go to arbitration.

 

Trustee Hannon stated that he repeatedly urged the Board to go to arbitration and feels that the contract would have been significantly different.

 

Trustee King stated that the process is all a matter of perception as to what an arbitrator is going to do.  His opinion is that an arbitrator, with the tentative agreement, had to be lived with or the negotiation would have been back to square one, two years behind in the contract, and back up to 45 firefighters.  He felt the Village of Johnson City was going to be five years out of a contract and wanted to get it settled and get rid of the manning clause.  He emphasized that through attrition and managing the entire budget the situation could be managed.

 

Mayor Lewis spoke to manpower and insurance.  Previously, the firefighters did not pay for insurance.  Now, in the new contract, they will pay 10% without a cap; this figure being12.5 % for new a new firefighter.

 

·         Bill Klish – 260 Zoa Avenue – asked for an explanation of the manning clause.

 

Mayor Lewis explained that the Village of Johnson City controls the

number of men on the force.  There is now not a minimum number of

men.

 

·         Leo Kovacic – 29 Martin Avenue – inquired as to how other communities, like Vestal, operate with strictly volunteers.

 

Mayor Lewis noted that the volunteers are given tax relief and receive call bonuses.

 

·         George Maney - 203 Cyndy Street – inquired specifically as to if the fireman asked for this contract.

 

Mayor Lewis answered in the affirmative.

 

George Maney noted that Vestal has been having difficulty getting volunteers.

 

Mayor Lewis noted that volunteer firefighting is a statewide problem.

 

·         Kim Furman – 149 Zoa Avenue – inquired as to if a volunteer is paid to go to a fire because areas are not manned properly.

 

Mayor Lewis answered in the affirmative.

 

·         Ed Michalak – 52 Brown St – stated that he felt volunteer firefighters were different than paid firefighters.

 

·         Julie Deemie – 153 Zoa Ave – asked to hear from the Fire Department, head of the Fire Department or the Fire Union regarding the contract.  She expressed a desire to hear an explanation from fire representatives.

 

Mayor Lewis stated that he would invite those parties into the next Board meeting.

 

·         John Sullivan – 701 Marian Drive – inquired as to if the tax levy was $8 million.

 

Mayor Lewis answered in the affirmative.

 

John Sullivan inquired as to what percent of this is responsible to police and fire departments.

 

Mayor Lewis stated approximately 62%.

 

Trustee Hannon stated that the full impact of the contract will be felt in December 2009 when the bills come due and will remain a significant burden for years to come

 

·         Mike Tugwell – 127 Greenridge Street – inquired as to the unfinished business item on the Agenda.

 

Attorney Jeff Jacobs spoke to the understanding of this agreement, meaning this was cheaper than the annual license fees.  This one time fee is cheaper than the yearly fees.

 

Mayor Lewis stated that this agreement was negotiated down to $18,500.

 

Mike Tugwell inquired as to why in Resolution #96 the Town of Union was not mentioned.

 

Mayor Lewis stated that this was just a periodic change of zones; a redrawing of lines.

 

Mike Tugwell expressed concern about those moving into the Empire Zone and then immediately moving out.

 

Mayor Lewis noted that New York State is monitoring this system more closely.

 

Jeff Jacobs stated that most modifications in the agreement are administrative only.

 

Trustee King offered his copy of the agreement to Mike Tugwell, which he thankfully accepted.

 

Mayor Lewis closed this portion of the Privilege of the Floor at 9:29PM.

 

9.                  COMMUNICATIONS

Motion made by Trustee King -seconded by Trustee Adams to accept and place on file:

a)      Office of the State Comptroller – June 3, 2008

b)      Mang Insurance Agency – June 6, 2008

c)      NYS DOT – Marchiselli reimbursement – June 9, 2008

d)      Johnson City Central School District – Board Minutes – May 20, 2008

e)      Johnson City Central School District – Agenda June 10, 2008

f)        Rachelle Gallagher requesting a meeting with the Board to discuss Contractual Issues

g)      Village of Johnson City Planning Board State Environmental Quality Review (SEQR) Lead Agency Request for 135-139 Baldwin Street Zoning Application

h)      Johnson City Zoning Board of Appeals – March 10, 2008

 

 

Motion carried                                                                         Ayes 5 Nayes 0

 

 

 

10.              COMMITTEE REPORTS                                                       (none)

           

 

11.              DEPARTMENT REPORTS

Motion made by Trustee King -seconded by Trustee Balles to accept and place on file:

 

a)      Johnson City Police Department – February 2008

b)      Johnson City Police Department – March 2008

c)      Code Enforcement Monthly Report – May 2008

 

 

Motion carried                                                                         Ayes 5 Nayes 0

 

 

12.              PAYROLL AND BILLS PRESENTED

Motion made by Trustee Balles – seconded by Trustee Hannon that Abstract #1 for the Fiscal Year 2008-2009, having been audited by the Board and approved, be ordered paid as follows:

 

Abstract #1

GENERAL

$ 511,268.07

WATER

$   47,282.87

SEWER

$ 114,250.31

REFUSE

$   47,426.74

LIBRARY

$   18,202.38

#08 JSTP

$ 104,423.02

 

 

           Board Polled. 

Motion Carried.                                                                       Ayes 5  Nayes 0

 

13.              UNFINISHED BUSINESS      

 

·         Motion made by trustee Adams – seconded Trustee King to approve:

 

Per Resolution #48 - March 18, 2008– Agreement with Norfolk Southern to pay a lump sum of $18,500.00 for lines running under tracks. 

 

                       In Abstract #1 – Fund G8120.4

 

          

Board Polled. 

Motion Carried.                                                           Ayes 5  Nayes 0

 

 

 

·         Trustee Hannon – regarding the State Audit of the Village Payroll – read the following:

 

                    On May 6, 2008, the Johnson City Village Board approved Resolution #68, which requested the New York State Comptrollers Office perform a complete audit of the Village payroll.

 

                          I requested this audit on behalf of the people of Johnson City because I felt it was necessary and long overdue.  My request was based in part on (1) the discovery that a current and former Village official may have wrongfully been receiving public funds over a period of years, and (2) mismanagement and waste in the Fire Department resulting in uncontrolled overtime expenditures.  Additionally we had just hired a new Clerk/Treasurer.  What better time for a full audit.

 

                          The Comptrollers Office will investigate fraud, mismanagement and waste in local governments as well as ensuring that public funds are being used for their intended purpose.

 

                          Many residents of their Village have responded loud and clear that they want this audit done, and that it is overdue.

 

                          A recent guest viewpoint by one of our residents was entitled “JC AUDIT WOULD ALLOW RESIDENTS A TRUE PICTURE OF VILLAGE FINANCES.”  I could not agree more.

 

                          On May 9th, the Mayor met with representatives of the State Comptrollers Office.  The Village Trustees were never notified of this meeting and I find that to be troublesome.

 

                          In a letter dated June 3, 2008, from the State Comptrollers Office, we were informed that the Comptrollers Office would not be performing an audit.  The letter stated, “based on our risk assessment process, we have no plans to perform an audit of the Village of Johnson City’s payroll process at this time.”  The letter also states that most staff resources are being devoted to the audit of school districts.  I have copies of the letter available.

 

                          Subsequent to receipt of the letter I have contacted the Comptrollers Office.  I was informed that since the Comptrollers Office is under a mandate to audit all school districts in the State, that is their first priority right now and this will continue for some time in the future.  Consequently they have to apportion their staff accordingly.  When I asked about the risk assessment process, I was informed that they gather information from many sources regarding each municipality.  I was further informed that they are not shutting their door on us and that they are available to answer questions and assist us, but the bottom line is that they will not be conducting an audit.

 

                          So yes, the Mayor did submit a letter to the Comptroller’s Office requesting the audit as directed by the Village Board and several weeks later they responded that they would not be performing an audit.  What happened in the time-frame between the two letters, via phone calls and meetings I guess we will never know.  The Trustees were kept out of the loop.

 

                          Based on my information, only one issue was discussed in the meeting with the Comptrollers Office.  There were many areas that I felt the audit would need to cover and I do not believe those issues were ever addressed.

 

                          I must say that I am quite disappointed that the Comptrollers Office is unable to accommodate our request.  I understand that their resources are dedicated elsewhere, however, I believe that any suspected corruption, fraud, mismanagement or waste on the local government level should also receive attention, regardless of mandates elsewhere.

 

                          At this point I believe our only option will be to engage an independent auditor, which of course will result in the expenditure of funds.  This is something that will have to be discussed further.

 

 

 

 

 

 

 

                   

 

14.              NEW BUSINESS

 

           Motion made by Trustee Adams -seconded Trustee King to approve:

 

           Resolution #95 – Authorize Calvary’s Love – Assembly of God 1315 Reynolds Road, Johnson City, NY to use Floral Park on Saturday, August 23, 2008 8:00AM – 5:00PM, for FUN FEST.  Tents, bands and a jumping castle will be on included.  The event is free and open to the public.  [Subject to providing proof of insurance (on file) and obtaining uniformed police officers.]

 

Trustee Balles inquired as to if Calvary’s Love will pay for security.

Mayor Lewis answered in the affirmative.

 

            Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

 

            Motion made by Trustee King -seconded Trustee Balles to approve:

          

           Resolution #96 – Authorize Mayor to enter into agreement to reorganize the Empire Zone Program. 

 

Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

 

Motion made by Trustee Adams-seconded Trustee Hannon to approve:

 

Resolution #97 - Authorize the residents of Nassau and Concord Streets to hold Annual Block Party on Sunday June 22, 2008, 2:00PM – 9:00PM, thereby closing off the streets, except for emergency vehicles.

 

 

            Trustee Balles inquired as to if proof of insurance was necessary.

            Mayor Lewis stated that no proof of insurance was needed.

 

            Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

 

 

 

 

 

 

 

 

 

Trustee Balles spoke to his intent to Resolution #98.  He indicated that it required further consult and research and will pull this resolution until the next meeting.  Trustee Balles read from the following statement:

 

My resolution about trying to save taxpayers money on fuel and maintenance costs (gasoline-diesel) with take home cars is not something new that is being raised here tonight.  This type of cost savings idea is being discussed locally and throughout our country as everyone is being affected by the high fuel costs we are paying today.

 

Due to the fuel energy crisis we have in our County and as we are feeling it right here in our Village, I do believe this Board needs to take some immediate pro-active steps to look at ways to save money in our 08-09 budget.  The last invoice we received for fuel costs for our vehicles are a state negotiated fee and they were:  gas $3.50 gallon, diesel:  $4.09 gallon.

 

As petroleum prices continue to rise, it makes cause for alarm.  Higher costs set off a chain reaction for nearly everything we do, as most of what we do relates to fuel prices, whether it be operating and maintaining of equipment, heating our buildings or blacktopping our roads.

 

One way to control costs is to stop the routine use of Village vehicles as take home cars.  We have approximately nine vehicles that go home with employees in the Police and Fire Departments.  Nobody in the DPW or other departments I have canvassed take a Village vehicle home after hours except for the Mayor’s Office.  I understand and I know my fellow colleagues on this Board understand why they take the vehicles home, but the way we have done business in the past does not mean we continue what we have done in the past  considering what is happening with our fuel costs.  With fuel prices skyrocketing, and there is talk about the price of gas/diesel continuing to escalate, we need to ensure the Mayor and Board of Trustees are being fiscally responsible to the people serve.  We all need to take this crisis personally and sacrifices will need to be made and I know Public Safety will not be compromised if a future resolution is approved.  All of us need to tighten our belts, so I am requesting my colleagues take this resolution seriously and agree on an acceptable resolution that will be considered for adoption during our next scheduled board meeting subject to legal approval.

 

           

 

Resolution #98 –Introduce Resolution regarding Fuel Savings.

Held over.

 

 

 

Mayor Lewis addressed apprehensions regarding Resolution #99.  Mayor Lewis spoke to concerns raised by Robert Bennett, Director of Public Services, and the upcoming vacancies in those Departments.

 

Trustee Hannon read from a letter he received from a constituent regarding the Fire Fighter contract:

 

                        Dear Mr. Hannon                                                     May 23, 2008

The new Johnson City firefighters’ contract makes them among the highest paid firefighters in the country according to the US Department of Labor Bureau of Statistics.  Their pay is comparable to large metropolitan areas in California.  We are a little village in NY and are unable to sustain these salaries.  What will happen when other department contracts come up for negotiation?  This sets a terrible precedent. It is the beginning of a financial crisis for Johnson City,

                                                                                                                Sincerely,

                                                                                                [blacked out per Trustee Hannon]

 

 

 

Trustee Hannon expressed concern that the Village of Johnson City, due to the Fire Fighter’s contract, does not know fiscally where it is headed, thus, discretionary spending has to be shut down and vacancies must be filled on a part-time basis.  Trustee Hannon indicated that this was a spending and hiring freeze.

 

Trustee King expressed concern that he would have preferred to discussed this in advance of tonight’s meeting.  He noted that everything cannot be stopped in the effective running of the Village.  He expressed concerns about impending retirements and understaffing in DPW.  He noted that part-time employees cannot be hired due to language in the contracts pertaining to some of these positions.  Trustee King stated that he was not in favor of this resolution, as worded, but it can certainly be worked on.

 

Trustee Hannon stated that contractually, part-time employees can be hired.

 

Motion made by Trustee Hannon -seconded Trustee Balles to approve:

 

Resolution #99 - Introduce a moratorium on all non-contractual, non-vital spending, borrowing, promotions and hiring (with the exception of part-time positions) on a village-wide basis until further notice.

 

 

Board members polled

Motion carried                                                                         Ayes 3 Nayes 2

 

Trustee Hannon                                                                      Aye

Trustee Balles                                                                         Aye

Trustee King                                                                           Aye

                       

Trustee Adams                                                                       Nay

Mayor Lewis                                                                            Nay

 

Mayor Lewis emphasized that the positions in the Department of Public Works are critical.

 

 

 

 

Motion made by Trustee Hannon adopt as written -seconded Trustee Balles to approve:

 

Attorney Jeff Jacobs noted this action does not need to be a resolution.

 

Trustee Hannon stated that this resolution directly pertains to the Fire Fighter contract and is justified by the actions of three members of the Board, therefore  it needs to be in the form of a resolution.  He feels the Board needs to react publicly for the Fire Fighter contract.

 

Trustee Balles concurred with Trustee Hannon for the same reasons as stated and reiterated that there was no need for a manning clause in any contract

 

Trustee Adams requested Resolution # 100 be held over.

 

Mayor Lewis stated that all discussion in relation to this matter is to cease until the Village Board meeting on July 15, 2008

 

Per Robert’s Rules’ of Order Trustee Hannon was asked not to speak at this time.

 

 

Resolution #100 - Immediately rescind the fire chiefs directive of August 22, 2007, authorizing minimum shift manning of seven (7) firefighters per shift, said manning clause authorized and approved by the village board.  Further, to mandate that all non-emergency overtime receive prior approval from the Mayor, and that the Mayor inform the trustees in each instance.

 

     

 

Motion made by Trustee Adams -seconded Trustee King to approve:

 

Resolution #101 - Authorize and direct Mayor to file an application for funds          from the New York State Office of Parks, Recreation and Historic Preservation

in accordance with the provisions of Title 9 of the Environmental Protection Act

of 1993, in an amount not to exceed $50,000, and upon approval of said request

to enter into and execute a project agreement with the State for such financial

assistance to this Village of Johnson City for Harry L. Johnson Monument and, if

appropriate, a conservation easement/preservation covenant to the deed of the

assisted property.

 

 

Trustee Balles inquired as to if this was a matching grant.

 

Mayor Lewis indicated that is was his hope that is was not a total matching grant.

 

Trustee Balles inquired as to the difference or the match of the grant.

 

Trustee Balles requested Resolution #101 held over until the Board has an opportunity to see the specifics of the grant.

 

Trustee King expressed concern as to if there was a deadline.

 

Held over.

 

 

 

 

 

 

 

Motion made by Trustee Balles-seconded Trustee Hannon to approve:

 

Trustee Hannon noted modification suggestion of counsel “except for emergency, or a time sensitive issue.”

 

Trustee Balles made a motion to approve modification per suggestion of counsel as stated by Trustee Hannon.

 

 

            Resolution #102 - Be it resolved that it shall be the policy of the Johnson City

Village Board from this day forward, to approve all collective bargaining agreements, major expenditures and the hiring and promoting of village employees, at regularly scheduled village board meetings only.  Be it further resolved, that except for an emergency, or a time sensitive issue, the practice of conducting the peoples business in special meetings is not in the best interests of the people of Johnson City, and shall cease immediately.

 

Board members polled

Motion carried                                                                         Ayes 4 Nayes 1

 

Trustee Hannon                                                                      Aye

Trustee Balles                                                                         Aye

Trustee King                                                                           Aye

Mayor Lewis                                                                            Aye

 

Trustee Adams                                                                       Nay

                                                                                   

 

Motion made by Trustee King -seconded Trustee Hannon to approve:

 

Resolution #103 – Authorize Mayor to advertise to rent Village property at 243 Main Street (front) – formerly HSBC Bank.

 

Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

          

Motion made by Trustee Balles -seconded Trustee Hannon to approve:

 

           Resolution #104 - Authorize KYDS Coalition – One Hawley Street Broome County Binghamton, NY to use Floral Park on Thursday August 21, 2008 5:30PM – 7:30PM, for KYDS FAMILY DAYS IN THE PARK.  The event will include free family events, arts and crafts, snacks, local mascots, giveaways, raffles and information for families on substance abuse prevention.  The event is free and open to the public.  [Subject to providing proof of insurance (on file); estimated crowd 100 people.]

 

Trustee Balles requested to amend resolution to require security.

 

Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

Motion made by Trustee King-seconded Trustee Hannon to approve:

 

Resolution #105 – Authorize Mayor to execute the necessary deeds and

easements to correct the size of the cul de sac at the end of Rose Lane,

Johnson City, NY.

 

           Trustee Balles asked for clarification in regards to the construction specifications of this project.

 

           Mayor Lewis noted that it is an easement change and there is no cost to the Village but the project is under the supervision of DPW.  Upon completion of the project the cul de sac will be returned to its proper size.

 

Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

Resolution #106 – Time Warner Franchise Agreement - In the Matter of the Renewal of the Cable Television Franchise Held by TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP in the Village of Johnson City, Broome County, New York.  An application has been duly made to the Board of the Village of Johnson City, County of Broome, New York, by TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP ("Time Warner"), a partnership organized under the laws of the State of New York doing business at 120 Plaza Drive, Suite D, Vestal, New York 13850, and holder of a cable television franchise in the Village of Johnson City for the approval of an agreement to renew Time Warner's cable television franchise for an additional five (5) years commencing June 17, 2008.  The Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings.

 

Trustee Balles requested Resolution # 106 be held over.

 

 

 

Motion made by Trustee King-seconded Trustee Balles to approve:

 

 

Resolution #108 – Schedule a Public Hearing on August 19, 2008, for an unsafe structure at 46 Corliss Avenue.

 

 

            Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

Trustee Balles inquired as to what department the executive session would be addressing.

 

Mayor Lewis stated that discussion would pertain to one personnel matter in the police department and one personnel matter in the fire department.

 

Motion made by Trustee Adams-seconded Trustee Hannon to approve:

 

 

Resolution #107 – Authorize the Village Board to enter into Executive Session to discuss disciplinary issues regarding two employees.

 

Board members polled

Motion carried                                                                         Ayes 5 Nayes 0

 

 

          

15.              PRIVILEGE OF THE FLOOR – VISITORS

 

·         Sal Poliziano - 356 Floral Avenue – inquired as to how the site for the Pagoda was chosen.

 

Mayor Lewis stated that the Pagoda had to be removed from the Wal- Mart site and the cost of this was the determining factor in the selection of the site.

 

Sal Poliziano stated that preservation is a good idea and inquired as to

whether other locations were considered as he feels the park is worrisome.

 

Mayor Lewis stated that a location near the Goodwill Theatre was an

alternate choice but was cost prohibitive.

 

Sal Poliziano inquired about plans for the gazebo.

 

Trustee Balles stated the gazebo will be located on Main Street.

 

·         Ed Michalak – 52 Brown Street - asked for further information regarding the gazebo.

 

Mayor Lewis specified that it will be located at Memorial Park on Main Street and Arch Street.

 

·         Sal Poliziano - 356 Floral Avenue – inquired as to the move date of the Pagoda.

 

Mayor Lewis indicated the move should take place this Thursday or Friday, weather permitting.

 

·         Julie Deemie – 153 Zoa Avenue – referencing water issues on Zoa Ave, stated that Robert Bennett, Director of Public Services, met with her and other neighbors.  She was very pleased with her conversation and the ensuing work that DPW did on her neighborhood behalf.  Other work will be done to continue to improve this issue.  She noted that, already someone had dumped clean fill into the embankment and believes it was the contractor working on the street.

 

·         Greg Deemie – 153 Zoa Ave – based upon his inspection on Balch Street, believes that the contractor dumped concrete into this ditch and pipe.

 

Mayor Lewis stated that the Village will look into this and thanked the Deemie’s for their efforts and information.

 

 

 

 

16.       ADJOURNMENT

                 

 

The meeting was adjourned at 10:15PM.

 

__________________________________

Jennifer Kakusian, Village Clerk/Treasurer