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 2, 2007
PRESENT: Harry G. Lewis Mayor
Richard Balles
Ron Jones
Bruce King Trustees
Beth Westfall Village Attorney
ABSENT: Donald Adams Trustee
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 None
BOARD
MINUTES
Motion
by Trustee Balles - seconded by Trustee King to accept and place on file the
Village Board Minutes for the Work Session and Regular meeting of September 18, 2007.
Motion
Carried Ayes
4 Nayes 0 Absent 1 (Adams)
BID
OPENINGS None
PUBLIC
HEARINGS None
PETITIONS
RECEIVED None
PRIVILEGE
OF THE FLOOR VISITORS
Peggy
Benz 30 Carhart Avenue
Stated that 27 and 29 Carhart Avenue
are problem properties and that the surrounding property owners are organizing
a clean-up effort in order to improve this area.
Julie
Deemie 153 Zoa Avenue
Stated that the proposed Wal-Mart project is too dense for the area as the
increased traffic will pose public safety problems, especially for the children
utilizing nearby CFJ Park. She also stated that the proposed project
will negatively affect the night time sanctuary of nearby residents. She added that the proposed project poses an
environmental threat. She also stated
that she feels the project will bring a negative economic impact on existing
business owners. She also feels that the
Village infrastructure was not designed or built to handle such a large
project.
Councilman
Robert Weslar City of Binghamton
Feels the increased traffic that will result from this proposed project has
not been adequately addressed. He asked
the Village Board to delay making a decision on the Special Permit request
until the City of Binghamtons
Traffic Board can address the traffic concerns.
Donald
Bost 71 Lake Avenue, City
of Binghamton Asked that a study
be done to address drainage concerns. He
stated that he is in favor of the proposed Wal-Mart project but that the
traffic and drainage issues need to be addressed.
Mary
Ellen Arnold 306 Floral Avenue
Feels that the proposed Wal-Mart is a good project for the Village because
they provide jobs and better prices for seniors and those on fixed income. She feels Wal-Mart will bring people to Johnson
City and those who shop at Wal-Mart will shop at other
businesses in the nearby area.
Monica
Silas 136 N. Broad Street
She feels the traffic and drainage issues need to be addressed. She added that Wal-Mart provides low-paying
jobs. She asked that the Village Board
say no to Wal-Mart because it is not a good long-term solution.
George
Kolba, Jr. 26 Ackley Avenue
Feels this is a good project. Back in
the early 1990s the Binghamton Press wrote an editorial stating that the old
factories should be transformed into a situation similar to Reading,
PA.
He stated that this project will spur development and create other
opportunities in Johnson City.
Suzanne
Beckley 42 Myrtle Avenue
Feels this is a good project because of the taxes that it will produce for the
Village along with the School District which will help
finance other much needed projects.
Greg
Deemie 153 Zoa Avenue
Stated that the developer was asked a question at a recent Planning Board
meeting regarding drainage and the responses was only that the developer hopes
the plans for drainage work.
Don
Sabesta 82 Grand Blvd,
City of Binghamton Stated that
there is a reason why this parcel is zoned industrial and that is because it is
not a good fit for retail use. Feels
that the Village should encourage an industry for this site.
Michael
Tugwell 127 Greenridge Street
State that right now, the property has trees and weeds. If the Village Board approves this project,
then it would make that area a destination and increase the interest in this
area.
Ken
Warren 318 Grand Avenue
Requested a 30 day waiver on his liquor license application because he now has
everything in order to submit to the State Liquor Authority.
Mayor
Lewis stated that the Board will consider his request and act at the
appropriate time during the meeting.
Denise
Brady 15 Endicott Avenue
Asked if Wal-Mart is built could an entertainment venue be built close by as
a benefit for the children.
Jean
Crampton 52 Baker Street
Does not feel traffic and noise will be detrimental to the area. She feels the project will provide jobs to
those who need it, especially the young and senior as well, like herself. She stated that if nothing else is planned
for the property Wal-Mart should be approved.
Andrew
Thompson 214 Main Street
(Employee of Health Beat) Feels that Wal-Mart is not going to entice young
people to remain in the area. Another
project would be more beneficial.
John
Ewald Downtown Johnson City Merchant Wal-Mart has quite a few
problems. He stated that he understands
that Johnson City and the
surrounding areas are experiencing troubling times and understands why people
would want a Wal-Mart project. He stated
that there are several positive projects under way and that this area is headed
in the right direction.
Leo
Meaney 35 Greenridge Street
Stated that the Village needs Wal-Mart.
He feels the Main Street
area of the Village is now the Harry L. Drive
section and that Wal-Mart will not hurt the specialty shops in downtown Johnson
City.
John
Bulkeley 148 Grand Avenue
Does not feel the Village should give up this area to retail because
industries still need an area to locate.
Mary
Mineno 9 Rogers Street
Her main concern is the infringement of Wal-Mart on CFJ
Park. She feels this project hurts the Johnson
Family legacy and negates all the good that the Johnson Family did and donated
to Johnson City.
Joseph
Kokalas 118 North Street
Stated that three retail shops are locating across from Calvary Cemetary and
questioned the impact Wal-Mart will have on these three new businesses.
Gerry
Motsavage 14 Market Street,
City of Binghamton Feels that the
Bergmann traffic study can not be correct.
He is not against Wal-Mart but feels the issue of traffic must be
studied to a greater extent.
Heather
Wilcox 52-54 Lake Avenue,
City of Binghamton Stated that
she is not opposed to the Wal-Mart project but at the size of the project. She feels it is too big and this will
negatively affect her neighborhood. She
added that she will probably move if the project is approved. She asked the Village Board to vote as if
they lived within one-half mile of the project.
Suzanne
Beckley 42 Myrtle Avenue
Stated that she lives less than one-half mile from the proposed project and
she would like to see the project approved.
Andrew
Epstein 32 West Street, City
of Binghamton Stated that
Wal-Mart is not a good company and he feels they are corporate criminals.
Jill
VanPelt Downs Avenue,
City of Binghamton Feels that the
traffic is going to be too much for the area.
She feels that the Village of Johnson
City deserves better than Wal-Mart.
Leo
Meaney 35 Greenridge Street
Does not feel non-Village residents should be allowed to speak to the Village
Board.
Tony
Sobiech 91 CFJ Blvd.
Stated that he has lived at the corner of CJF and Lester
Avenue for 63 years. His concern relates to stormwater
effects. He would like the Village to
clean the creek behind his property because he feels the municipalities are
responsible to clean the creek.
Mayor
Lewis stated that he would speak with the Director of Public Services on this
issue.
Tarik
Abdelazim Executive Assistant to the Mayor of Binghamton Stated that as
Executive Assistant to the Mayor of Binghamton he automatically sits on the
Citys Traffic Board. He requested that
the Village Board allow more time for the City of Binghamtons
Traffic Board to review and address the traffic concerns raised by residents of
the City of Binghamton.
Bill
Houston 94 Ackley Avenue
Stated that this project will affect the Villages drinking water
supply. He feels that the Army Corps of
Engineer need to be contacted. He also
added that an economic impact study needs to be done because Wal-Mart will
negatively affect nearby small businesses.
Marty
Meaney 41 Weymouth Lane
Stated that the proposed site is for retail and the site is not an
environmental threat to the area. He
feels that the Village Board has held a Public Hearing covering two Village
Board meetings and have provided enough opportunity for speaking to speak on
this issue. He added that the Planning
Board held public hearings as well in order to hear the peoples concerns. He stated that he is in favor of open
government but it is being abused. He
feels the Village Board has heard arguments for and against Wal-Mart but now
needs to end the debate so that the Village can conduct its business.
Daria
Golazeski Village Planner Provided details on the wetland concerns and
stated that the area is not a wetland area and the Army Corp of Engineers does
not to be contacted. This area was
mis-represented because of an old swimming pool that used to exist on the site.
Ken
Kamlet Newman Development Group Stated that the area does not resemble
wetland characteristics.
COMMUNICATIONS
Motion
by Trustee King - seconded by Trustee Balles that the following communications
be accepted and placed on file:
JCSD Reg. Mtg: September
11, 2007
Town of Union Reg. Mtg: September 19, 2007
Your Home Library Reg. Mtg: January 9, February
12, March 12, April 12, May 3 and 21,
June 12 and July 16,
2007
Liquor License Cosmos 445 Grand Avenue (Renewal)
Motion
Carried Ayes
4 Nayes 0 Absent 1 (Adams)
COMMITTEE
REPORTS None
DEPARTMENTS
REPORTS
Motion
by Trustee Balles - seconded by Trustee King that the following Department
Reports be accepted and placed on file:
|
Code
Enforcement
|
August
2007
|
Motion Carried Ayes 4
Nayes 0 Absent 1 (Adams)
PAYROLL AND BILLS
PRESENTED
Motion
by Trustee King - seconded by Trustee Balles that Abstract #6 for the Fiscal
Year 2007-08, having been audited by the board and approved, be ordered paid as
follows:
|
GENERAL
|
$1,278,033.19
|
|
WATER
|
$49,326.46
|
|
SEWER
|
$6,402.42
|
|
REFUSE
|
$24,164.32
|
|
LIBRARY
|
$9,062.27
|
|
JSTP-PHASE III
|
$6,913,633.80
|
Board members polled
Motion carried Ayes
4 Nayes 0 Absent 1 (Adams)
UNFINISHED BUSINESS
Mayor Lewis heldover
proposed Resolution #192 which deals with a Special Permit at
90
Lester Avenue to Permit Retail Sales and Service
in an Industrial Zone.
Mayor Lewis stated
that the issue will be brought back at the October 16, 2007 Regular
Village
Board Meeting.
NEW BUSINESS
RESOLUTION #193
Motion
by Trustee King - seconded by Trustee Balles to approve Change Order No. 1 with
Bothar Construction related to the Harry L. Drive
(Giant Plaza
to Oakdale Road)
Reconstruction Project due to a change from Loop Detection to Video Detection
with a credit of ($7,840.77).
Board members polled
Motion carried Ayes
4 Nayes 0 Absent 1 (Adams)
RESOLUTION #194
Motion
by Trustee King - seconded by Trustee Jones to appoint Gordon Fluharty to the
position of Probationary Laborer within the Department of Public Works,
effective October 25, 2007
at the negotiated starting salary of $12.99 per hour.
Board members polled
Motion carried Ayes 4 Nayes 0
Absent 1 (Adams)
RESOLUTION
#195
Motion by Trustee Balles seconded by Trustee Jones to authorize
a Block Party Permit on North Broad Street,
from Olive Street to Brocton
Street, on October 13, 2007 from 1:00PM
to 5:00PM.
Board members polled
Motion
carried Ayes
4 Nayes 0 Absent 1 (Adams)
RESOLUTION #196
Motion
by Trustee Balles seconded by Trustee Jones to authorize a Parade Permit to
the
Johnson
City Business & Professional Women for their
Annual Holiday Parade on Thursday,
December 6, 2007 starting at 7:00PM.
Board
members polled
Motion
carried Ayes
4 Nayes 0 Absent 1 (Adams)
RESOLUTION #197
Motion
by Trustee King seconded by Trustee Balles to approve the appointment of Joy
Krewson
to the position of Part-Time Data Input Operator within the Police Department,
effective
October 4, 2007 at the hourly rate of
$10.00 per hour.
Board
members polled
Motion
carried Ayes
4 Nayes 0 Absent 1 (Adams)
RESOLUTION #198
Motion by Trustee King - seconded by Mayor Lewis to grant
a 30 day waiver regarding the Liquor License Application being filed by N &
KW Partners, LLC, dba The Contender, being located at 85 CFJ Blvd in the Village of Johnson City.
Board members polled
Motion carried Ayes 4 Nayes 0
Absent 1 (Adams)
RESOLUTION #199
Motion
by Trustee King seconded by Trustee Balles to authorize the following:
WHEREAS, on January 30, 2007, the Board of Trustees of the Village
of Johnson City
Received
a petition requesting the Board to adopt a resolution submitting a proposition
for the
dissolution
of the Village to the voters of the Village
of Johnson City; and
WHEREAS, the Village reviewed the
petition and by resolution dated March
6, 2007,
determined
that the petition did not meet the requirements of the law and, therefore,
rejected the
petition;
and
WHEREAS, the rejection of the petition
was challenged in New York State
Supreme Court
and
by decision and order of the Honorable Jeffrey Tait issued on September 20, 2007, the Court
determined
that the petition is valid; and
WHEREAS, pursuant to Section 19-1900 of
the New York State Village Law and said
Court
decision, the Board must adopt a plan for dissolution and a resolution
submitting a
proposition
to the voters for the dissolution of the Village.
NOW, THEREFORE, BE IT RESOLVED AS
FOLLOWS:
1.
The Board of Trustees of the Village
of Johnson City hereby resolves to
submit a proposition to the voters of the Village
of Johnson City for the dissolution
of the Village, in accordance with Section 19-1900 of the New York State
Village Law.
2.
The Board resolves to appoint a study committee to
commence the process, pursuant to
Section 19-1901 of the New
York State Village
Law.
Board
members polled
Motion
carried Ayes 4 Nayes 0
Absent 1 (Adams)
PRIVILEGE
OF THE FLOOR
Monica
Silas 136 N. Broad Street
Thanked the Village Board for listening to both sides before acting on the
Special Permit request.
Leo Meaney 35
Greenridge Street Provided historical details on
the proposed Wal-Mart site and stated that the water on the site is from an old
pool that used to be there.
George
Kolba - 26 Ackley Avenue
Feels that the elected representatives should get the information instead of
asking for more time to review the issue.
Paul
Cooper 70 Greenridge Street
Feels that a nearby property, 91 Greenridge Street,
should be cited for several code violations.
Carolyn
Laskoski 37 Edwards Street Asked if the two stores, which have yet to be
identified next to Wal-Mart, will have to go through the same process as
Wal-Mart when they are identified.
Mayor
Lewis stated that they will not have to go through the same process as
Wal-Mart.
Marty
Meaney 41 Weymouth Lane
Feels that the meeting was misused and hopefully the Village Board will take
action without all the comments because all sides have had opportunity to voice
their concerns.
Maria
Mathis 21 Colville Avenue
Feels it is a disgrace that the restaurant owner who spoke earlier is
considering suing the Village over his creek problem.
Mayor
Lewis provided details on the creek behind Reds Kettle Inn.
Andrew
Epstein 32 West Street,
City of Binghamton Thanked the
Village Board for listening to the concerns from people who are not from the Johnson
City area but may be affected by the Wal-Mart project.
ADJOURNMENT
The
meeting was adjourned at 9:38P.M.
_____________________________________