Minutes of a Regular Meeting of the Board of Trustees of the Village of Johnson City, New York, held at 7:30PM in the George Korutz Justice Building on October 16, 2007

 

PRESENT:    Harry G. Lewis                                     Mayor

 

                     Donald Adams

                     Richard Balles

                     Ron Jones

                     Bruce King                                           Trustees

 

PLEDGE OF ALLEGIANCE

 

The meeting was opened with the pledge of allegiance led by Mayor Lewis.

 

FIRE EXITS

 

The Mayor noted directions to the fire exits.

 

MISCELLANEOUS ANNOUNCEMENTS                             

 

The Broome County Association of Towns and Villages will meet on October 25, 2007 at 6:00PM at Grande’s Italian Restaurant (Upper Front Street) with Lois DeFleur, President, Binghamton University, as Guest Speaker.

 

BOARD MINUTES

 

Motion by Trustee Balles - seconded by Trustee Jones to accept and place on file the Work Session and Regular Meeting of October 2, 2007. 

 

Motion Carried                                                                          Ayes 5  Nayes 0       

 

BID OPENINGS                                                         

 

Bids were received on October 11, 2007 for a $1,378,200 Bond Anticipation Note (BAN).

Bidder

Amount

Interest Rate

JPMorgan Chase Bank, N.A.

$1,378,200

3.480000%

NBT Bank, N.A.

$1,378,200

3.590000%

HSBC Bank

$1,378,200

3.750000%

Wilber National Bank

$1,378,200

3.800000%

Janney Montgomery Scott

$1,378,200

3.875000%

 

RESOLUTION #200

 

Motion by Trustee King – seconded by Trustee Balles to accept and award the bid of 3.48% interest rate to JPMorgan Chase Bank on a $1,378,200.00 Bond Anticipation Note received on October 11, 2007 at 11:00a.m.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0 

 

PUBLIC HEARINGS                                                               None

 

PETITIONS RECEIVED                                                         

 

RESOLUTION #201

 

Motion by Trustee King – seconded by Trustee Balles to receive and place on file the Petition submitted from the residents and business owners of Carhart Avenue supporting the revitalization of the neighborhood.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

PRIVILEGE OF THE FLOOR – VISITORS                            

 

Constance Kozak – 91 Martin Avenue – Asked if the Village Board would appeal Judge Tait’s decision on the dissolution petition.  She feels that the facts and statistics need to be brought forward.  She added that it would be logical to merge with the City of Binghamton. 

 

Mayor Lewis stated that the Board has decided not to appeal the Judge’s decision.

 

Amy Lu – 85 Floral Avenue – Asked that Wal-Mart guarantee no loss of small businesses and also guarantee that no products be defective or environmental standards be compromised.  She does not feel that Wal-Mart is the best project for Johnson City.

 

Councilman Robert Weslar – City of Binghamton 2nd District Council Member – Thanked the Village Board for allowing the City of Binghamton to review the traffic study.  He stated that the traffic concerns were addressed by Bergmann Associates and that these issues were more than adequately addressed to the City’s satisfaction.  He also stated that the stormwater plan received approval from the City Engineer, Commissioner of Public Works and Water/Sewer Commissioner.  He asked that the Village consider dissolving into the City of Binghamton.

Carl Palardsik – 35 Market Street – Asked if the Wal-Mart would allow truck drivers to park vehicles on Wal-Mart’s property.  Asked that Wal-Mart consider purchasing properties on Market Street.  Asked about the status of the Pagoda.

 

Mayor Lewis provided details and stated that the Pagoda area will be refurbish if the development proceeds.

 

Greg Deemie – 153 Zoa Avenue – Read from the Village Code regarding flooding.  Asked if the Village had reasonable proof that the Wal-Mart project would not increase the likelihood of flooding.

 

Liz Johnson – 230 Myrtle Avenue – She stated that she favors the Wal-Mart project.  She feels that many comments have been made about Wal-Mart and their goods and products that originate from overseas.  She stated that all retailers utilize overseas markets.  She stated that it is not a good idea for the Village to merge with the City of Binghamton.

 

Steve Griffen – 181 Grand Avenue – Stated that he is in favor of the Wal-Mart project.  He stated that he has seen Johnson City grow, then decline and feels that Johnson City will grow again and it will start with the Wal-Mart project.

 

Donald Best – 71 Lake Avenue, Binghamton – Feels that the traffic issues are very serious and need to be addressed but feels overall that the Wal-Mart project is good for the community.

 

Tom Eschilma – Northside of Binghamton – Stated that the increased traffic will affect the children who utilize the nearby park.

 

George Kolba, Jr. – 26 Ackley Avenue – Stated that Endicott-Johnson was terrific for his parents and grandparents.  But as time progressed people wanted and needed something that was better than Endicott-Johnson.  He feels that Endicott-Johnson can still be rightfully remembered but that the community needs to move forward and the Wal-Mart project will have a positive impact on the area.  He also stated that Johnson City should not consider merging with the City of Binghamton.

 

Gary Olin – Bergmann Associates – He has prepared a fact sheet for anyone to review and he feels misinformation has been circulated regarding this project.  He noted that the City of Binghamton had positive comments regarding traffic flow and storm-water management issues.

 

Trustee Jones asked several questions to Mr. Olin regarding details of the project, specifically traffic questions, storm-water issues and environmental concerns in which Mr. Olin provided answers.

 

COMMUNICATIONS

 

Motion by Trustee King - seconded by Trustee Adams that the following communications be accepted and placed on file:

 

JCSD – Reg. Mtg: September 25, 2007

Town of Union – Reg. Mtg: October 3, 2007

Village of Endicott – Reg. Mtg: September 10, 2007

 

Motion carried                                                                           Ayes 5  Nayes 0    

COMMITTEE REPORTS                                                         None

 

DEPARTMENTS REPORTS              

 

Motion by Trustee Balles – seconded by Trustee King to accept and place on file the following Department Reports:

 

Code Enfocement

September 2007

DPW

August & September 2007

 

Motion carried                                                                           Ayes 5  Nayes 0 

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Balles - seconded by Trustee Jones that Abstract #7 for the

Fiscal Year 2007-08, having been audited by the board and approved, be ordered paid as follows:

 

GENERAL

$580,996.52

WATER

$82,752.78

SEWER

$202,822.88

REFUSE

$65,641.45

LIBRARY

$14,366.27

JSTP-PHASE III

$60,014.13

VARPUR

$1,385,156.75

OVERBROOK

$75.00

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0 

 

UNFINISHED BUSINESS                                                   

 

Mayor Lewis stated that the Resolution regarding the special permit to allow for retail sales and

service at 90 Lester Avenue was heldover at the last Village Board meeting.  He asked the Village

Attorney to explain what the Village Board would be voting on regarding the application

submitted by Stella Ireland Road Associates for a Special Permit. 

                    

Village Attorney Beth Westfall stated that the Village Board is not voting on a Variance and is

not voting on Re-Zoning regarding 90 Lester Avenue.  The Village Board will be acting upon a

request to issue a Special Permit to allow for Retail Sales and Service at 90 Lester Avenue.  She

added that Retail Sales and Service in an Industrial Zone is acceptable with a Special Permit as

long as the Village Board considers the following in making its decision:

 

1.  The characteristics of the project warrant consideration    

2.  The location along with the size and operation of the project  and the street are in harmony

3.  The location of the project conforms to existing environment

4.  The project is not in conflict with the Village’s Master Plan

5.  The project will not be more detrimental than any permitted use

 

Village Attorney Westfall stated that the Village Board needs to act on the Special Permit request

tonight because the next scheduled meeting goes beyond the 60 days time limit, which started

when the Public Hearing was opened.

 

Village Attorney Westfall added that the Village has received letters of support related to this

project from the City of Binghamton and Broome County.

 

Village Attorney Westfall stated that the Planning Board will still need to review the project’s

Site Plan if the Village Board approves the Special Permit.

 

Trustee Jones asked about green space and clean-up of the site.

 

Gary Olin from Bergmann Associates stated that once the project is complete, more green space

will exist than exists currently.  Mr. Olin added that clean-up of the project site continues and a

work plan will be developed to clean the property according to the regulators.

 

Ken Kamlet from Newman Development Group stated that the project site has been exhaustively

evaluated by the NYS Department of Environmental Conservation (NYSDEC) and the NYS

Department of Health (NYDOH).  He added that the site contains no threat to Public Health and

the last remaining issue to be resolved involved coal that was burned on the site by the previous

owner and this will be remedied when paving of the site is complete.  Mr. Kamlet added that this

project will follow an identical path of the one that was done for the Gannett project.  He stated

that the NYSDEC will not jeopardize the health and safety of people during the continued

clean-up of this project.

 

Trustee Jones asked about the improvements that are referenced as part of the Special Permit

resolution and specifically if the Village can ask the developer to rectify situations that may arise

after the project is completed.

 

Gary Olin from Bergmann Associates stated that the developer is committed to making

improvements prior to the project and that any future improvements would need to be evaluated

based on the problem’s correlation to the project.

 

Trustee Jones read a prepared statement on the pros and cons of the project of allowing Wal-Mart

into the Village.  He stated that positive steps are currently underway in revitalizing downtown

Johnson City and Wal-Mart’s presence will negatively affect any progress or revitalization of

downtown Johnson City.  Through his prepared statement he asked each of the Village Board

Members to vote no on the Special Permit allowing Wal-Mart into the Village.

 

Motion by Trustee Adams – seconded by Trustee King to approve the following:

 

WHEREAS, Stella Ireland Road Associates, LLC (hereafter the “Applicant”) is proposing to construct 146,000 ± square feet of retail space in an Industrial zoning district in the Village of Johnson City (“Project”); and

 

WHEREAS, the Project parcel is located on the former Endicott-Johnson Ranger Paracord site  and is being remediated under the New York State Brownfield Cleanup Program and contains approximately 15.3 ± acres that are proposed for subdivision into two lots containing approximately14.1 ± and 1.2 ± acres respectively. The 14.1 ± acre parcel will contain a 132,000 ± square foot Wal-Mart Supercenter and the 1.2 ± acre parcel will contain a 14,000 ± square foot mixed retail building; and,

WHEREAS, the Project site is zoned Industrial and the area surrounding the Project site is a mixture of park land, commercial, industrial and residential uses, including the Gannett newspaper regional printing facility; and,

WHEREAS, the Project as designed requires no zoning variances, but does require a special  permit from the Village Board to allow a retail use in an Industrial Zone.  In addition, the Project requires Subdivision and Site Plan approval from the Village of Johnson City Planning Board (“Planning Board”); and,

 

WHEREAS, on July 24, 2007 the Planning Board began site plan review and environmental review, declared a minor subdivision and scheduled a public hearing on subdivision for August 28, 2007 and recommended approval of the special permit to the Village Board; and

 

WHEREAS, the Village Board opened the public hearing on the special use permit on August 14, 2007 and continued the hearing through the Village Board meeting on September 4, 2007 when said public hearing was closed; and,

 

WHEREAS, on September 25, 2007 the Planning Board completed the environmental review pursuant to the State Environmental Quality Review act and its implementing regulations (“SEQR”) and found that the Project will result in no significant adverse impacts and, therefore, is not an action which may have a significant effect on the environment and directed the Planning Board Chairman to execute and file a Negative Declaration confirming that the Project and all actions related thereto would not have a significant adverse impact on the environment; and

 

WHEREAS, a notice of the adoption of said Negative Declaration was published in the DEC Environmental Bulletin (ENB) on October 10, 2007; and

 

 WHEREAS, the Village Board is required to consider the standards and conditions set forth in   

  Section 274-20 of the Village Code of the Village of Johnson City prior to issuance of a special

  permit.

 

 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

A.     The Board finds the special use allowing retail stores and services in the industrial zone possesses characteristics of unique and special form to warrant its consideration as an individual case inasmuch as the use proposed for the site presents a constructive reuse of the site which has been identified as a Brownfield and the Applicant is participating in the Brownfield Cleanup Program under the direction of the DEC.  In addition, the abandoned site has had no industrial or other development plans or interest for many years.

 

B.     Based upon the Planning Board findings and the Negative Declaration adopted by the Planning Board on September 25, 2007 and published in the DEC ENB on October 10, 2007, which are incorporated herein by reference, the proposed Project will not have any significant adverse environmental impacts.  Further, the applicant shall provide for certain street and infrastructure improvements that will benefit not only the district but area beyond the district.  Based upon the foregoing, the Board finds the location, size of the use and structure, nature and intensity of the operations involved, size of the site in relation to it and the location of the site with respect to the streets giving access to it are such that it will be in harmony with the orderly development of the industrial district.

C.     Based upon the recommendation of the Planning Board made on August 28, 2007, as well as the public hearing conducted by this Board and the substantial public comment, both verbal and written, received by this Board,  which are incorporated here by reference and based upon the Village Board’s review of the Applicant’s site plan, the Village Board finds that the location, nature and height of the buildings, walls and fences will not discourage the appropriate development and use of the adjacent land and buildings or impair their value and on the contrary may attract additional development and improve property values in the area.

D.     The Village Board finds that the special use shall not conflict with they master plan or any part thereof because under the zoning code as adopted pursuant to the master plan, a retail use in an industrial zone is specifically contemplated by the inclusion of a special permit, provided the proposed use meets the standards and conditions in Section 274-20 of the Village Code.

E.            Based upon the Village Board’s review of the proposed retail operations and the Planning Board findings together with the review of the other uses permitted with and without a special permit which include but are not limited to, freight or trucking terminals, contractor’s yard, public garage, automobile sales and service, hotels and motels, the Village Board finds that the proposed operation shall not be more objectionable to nearby properties than would be the operations of any permitted use.

F.      Based upon the foregoing, the Village Board hereby grants Applicant’s Project a special permit for the operation of retail stores and services in an Industrial district pursuant to Sections 274-42 and 274-20 of the Code of the Village of Johnson City.

Board members polled

Motion carried                                                                                    Ayes 4  Nayes 1 (Jones)

 

Marc Newman – Newman Development Group – Thanked the Village Board for their support

and everyone who assisted with this project.  Mr. Newman stated that Mayor Lewis has been

involved from the very beginning in trying to develop this old Brownfield Site.  He added that

Wal-Mart has nothing to do with downtown Johnson City’s success or failure.  He stated that

downtown Johnson City has its own niche and that its success or failure is a result of itself and

not another store because Wal-Mart is compatible with existing businesses.  He added that

Newman Development Group has offices around the country and whatever project they are

working on, regardless of where it is, Newman Development Group is proud to call Greater

Binghamton their home.  Mr. Newman stated that he lives in this community and is very proud of

this area and he has no intention of leaving this area and he is proud of every project that

Newman Development Group has accomplished in the Greater Binghamton area.   

 

NEW BUSINESS

 

RESOLUTION #202

 

Motion by Trustee Balles - seconded by Trustee King to authorize the Johnson City Lions Club to utilize CFJ Park for their Annual Holiday Tree Sale and allowing signage promoting this venture from November 19 through December 31, 2007, contingent upon proper proof of insurance.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0     

RESOLUTION #203

 

Motion by Trustee Balles - seconded by Trustee Adams to approve Request for Modification (RFM) – Phase III, Contract 3B-0015 Electrical with Matco Electric for an interest payment at an additional cost of $11,880.00.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

      

RESOLUTION #204

 

Motion by Trustee King - seconded by Trustee Jones to approve Request for Modification (RFM) – Phase III, Contract 4A-0019 General with Pinnacle Construction for the Removal of Digester No. 3 Existing Roof at an additional cost of $129,203.91.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

RESOLUTION #205

 

Motion by Trustee Adams - seconded by Trustee King to declare an emergency for the purposes of repairing the Camden Street Pump Motors so the vendor, GE Supply, can repair the pumps on-site and reduce the repair time from weeks to three days thereby greatly reducing the public safety risk of not being able to provide adequate water supply to the Village’s system with a total project cost of $25,286.00.     

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

RESOLUTION #206

 

Motion by Trustee King – seconded by Trustee Adams to approve the following:

 

         Authorizing the implementation, and funding in the first instance of the State Multi-

Modal Program-aid eligible costs, of a capital project, and appropriating funds therefore.

 

         WHEREAS, a Project for the Main Street Sidewalk Reconstruction, Village of Johnson

City, P.I.N. 9MA052.30A and 9MS283.30A (the Project) is eligible for funding New York

State’s Multi-Modal Program administered by the New York State Department of Transportation;

and

 

         WHEREAS, the Village of Johnson City desires to advance the Project by making a

commitment of advance funding of the full local share of the costs of the Project; and

 

         NOW, THEREFORE, the Village of Johnson City Board, duly convened does hereby

 

         RESOLVE, that the Village of Johnson City Board hereby approves the above-subject

project; and it is hereby further

 

         RESOLVED, that the Village of Johnson City Board hereby authorizes the Village of

Johnson City to pay in the first instance 100% of the non-State share of the cost of the

Construction and Construction Supervision and Inspection work for the Project or portions

thereof; and it is further

 

         RESOLVED, that the sum of $297,000 is hereby appropriated from A1660.4 and made

available to cover the cost increase of participation in the above phase of the Project; and it is

further

 

         RESOLVED, that in the event the full non-State share costs of the project exceeds the

amount appropriated above, the Village of Johnson City Board shall convene as soon as possible

to appropriate said excess amount immediately upon the notification by the New York State

Department of Transportation thereof, and it is further

 

         RESOLVED, that the Mayor of the Village of Johnson City be and is hereby authorized

to execute all necessary Agreements, certifications or reimbursements requests for Multi-Modal

Program Funding on behalf of the Village of Johnson City with the New York State Department

of Transportation in connection with the advancement or approval of the Project and providing

for the administration of the Project and the municipality’s first instance funding of project costs

and permanent funding of the local share of federal-aid and all Project costs that are not so

eligible, and it is further

 

         RESOLVED, that a certified copy of this resolution be filed with the New York State

Commissioner of Transportation by attaching it to any necessary Agreements in connection with

the Project, and it is further

 

         RESOLVED, that a Certified Copy of this Resolution be filed with the Commissioner of

Transportation of the State of New York by attaching it to any required and/or appropriate

Agreements executed in connection with the project between the Village of Johnson City and the

State of New York; and it is further

 

         RESOLVED, that this Resolution shall take effect immediately.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #207

 

Motion by Trustee Jones – seconded by Trustee King to authorize the Mayor to sign an

agreement with Keystone Associates for engineering services for the relocation of the Pagoda

into CFJ Park at a cost not to exceed $11,000.00 and authorize the submittal of reimbursement to

the State of New York.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #208

 

Motion by Trustee Adams – seconded by Trustee King to authorize the Mayor to travel to

Albany, New York for the one-day Legislative Priority Day through the New York Conference of

Mayors (NYCOM) and to be reimbursed for all reasonable and customary expenses incurred.

 

Board members polled

Motion carried                                                                        Ayes 4  Nayes 0  Abstain 1 (Lewis)

 

RESOLUTION #209

 

Motion by Trustee Jones – seconded by Trustee King to exempt vehicles, from the “No Parking”

Restriction Side of Nassau Street, whose purpose is for the repair of the house recently

damaged by Fire.

 

Board members polled

Motion carried                                                                        Ayes 4  Nayes 1 (Balles)

 

PRIVILEGE OF THE FLOOR                                                 

 

Julie Deemie – 153 Zoa Avenue – Stated that the last industrial parcel  of the great industrial leader George F. Johnson has been laid to rest.  She feels that the greed of retail now owns Johnson City.  She added that the Village will further decay because of the approval granted tonight.  She would like everybody to remember who the developer is that led to the way to the decay of the Village.

 

George Kolba, Jr. – 26 Ackley Avenue – Stated that he disagrees with Trustee Jones on his assertion that the Village will not benefit from the Wal-Mart project.

 

Monica Silas – 136 N. Broad Street – Presented a petition asking that the Village Board delay a decision to issue a Special Permit for 90 Lester Avenue.

 

John Walker – 43 Lincoln Avenue – Stated that he has spent a considerable amount of time living in Johnson City and he shops in the downtown area on a regular basis and will continue to do so.  He stated that not that many small businesses can be affected by the addition of Wal-Mart to the community because the Johnson City community does not have that many small businesses that exist already.  He added that the addition of Wal-Mart to Johnson City will not duplicate the Vestal Parkway.  He stated that a convention center is not a serious alternative and therefore would not work because the old IBM Country Club is being auctioned off within a couple of weeks and that the Forum and Arena are not utilized to their maximum and Binghamton University has the Events Center.  He stated that Mr. Newman has not failed in any of his projects.

 

Mike Tugwell – 127 Greenridge Street – Asked about the Main Street project and when it will start along with the moving of the Pagoda.

 

Mayor Lewis provided details.

 

Bob Bennett – Director of Pubic Services – Stated that he reviewed the storm-water management plans for the Wal-Mart project.  He added that his office was flooded as a result of the June 2006 flood and he feels for everyone who was displaced and inconvenienced.  He stated that this project will not cause flooding.

 

Tony Sobiech – 91 CFJ Blvd. – Asked when the Village will clean the creek behind his property and the culvert on the southeast corner of CFJ Blvd.

 

Bob Bennett- Director of Public Services – Stated that the Village can not enter the creek until the Village receives a permit from the NYS Department of Environmental Conservation.  He added that the culvert was cleaned in 2005 and that the weather event in November 2006 was so great tht no municipal system could handle the amount of water received in such a short period of time.

Rose Marie Hinkey – 244 N. Harrison Street – Commended Trustee Jones for voting against Wal-Mart.

 

Carolyn Laskoski – 37 Edwards Street – Asked about the land around the Wal-Mart site.

 

Mayor Lewis provided details.

 

Julie Deemie – 153 Zoa Avenue – Stated that active marketing was not done to promote the site where Wal-Mart would like to build.

 

Motion by Trustee Jones – seconded by Trustee King to accept the petition submitted by resident Monica Silas and refer to the Planning Board for review.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

ADJOURNMENT

 

The meeting was adjourned at 9:35P.M.

 

 

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer