Minutes of a Regular Meeting of the Board of Trustees of the Village of Johnson City, New York, held at 7:30PM in the Municipal Building on November 20, 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 Mayor congratulated Trustee Bruce King on his re-election to the Village Board and Dennis Hannon on his election to the Village Board.

 

BOARD MINUTES

 

Motion by Trustee Balles - seconded by Trustee King to accept and place on file the Work Session and Regular Meeting of October 16, 2007. 

 

Motion Carried                                                                          Ayes 5  Nayes 0          

 

BID OPENINGS                                                                      None

 

PUBLIC HEARINGS                                                               None

 

PETITIONS RECEIVED                                             

 

David Kellam presented a letter asking the Village Board to appoint an Independent Counsel to review the practices of the Police and Fire Departments.

 

PRIVILEGE OF THE FLOOR – VISITORS                            

 

Greg Deemie – 153 Zoa Avenue – Stated that Attorney Westfall provided details on the criteria of issuing a Special Permit.  Mr. Deemie stated that one of the criteria regarding a Special Permit is to not conflict with the Village’s Master Plan.  He stated that the Village does not have a Master Plan and therefore made a decision with incomplete information.

 

Frank Frear – 112 Virginia Avenue – Stated that he was disappointed by the recent event that took place in the Fire Department.  He does not feel that the Assistant Fire Chief should lose his job over this situation.  He added that this position is one in which children look up to and admire and that the relationship between children and firefighters has been compromised.

 

Liz Johnson – 230 Myrtle Avenue – Asked about the progress of the Dissolution Committee and study.

 

Mayor Lewis stated that this issue will be addressed a little later in the meeting.

 

Ann Davis – 63 St. Charles Street – Asked about 219 Main Street and any progress that is being made.

 

Mayor Lewis stated that progress is being made on rehabilitating this property and that improvements are being made to the inside of the building and then construction will focus on the outside of the building.

 

Stacy Horton – 508 Nelson Road – Asked about the discipline taken on the Assistant Fire Chief.  She stated that she does not feel the five-day suspension is an appropriate penalty given the situation and location of the action.

 

John Sullivan – 701 Marian Drive – Stated that the Roe incident is behind us and the issues surrounding the incident are more important.  He feels that the timing of the new report compared to when the incident happened was purposely delayed because of the upcoming election.

 

Mayor Lewis stated that the recent elections had absolutely nothing to do with the incident and news coverage timing of the matter.

 

Leo Meaney – 35 Greenridge Street – Stated that all of the pencils at his home have erasers on them because mistakes are made.  He feels that Assistant Chief Roe made a mistake but he has been penalized too harshly by the news media.

 

Carolyn Laskoski – 37 Edwards Street – Stated that Assistant Fire Chief Roe has been persecuted beyond reasonableness.

 

Julie Deemie – 153 Zoa Avenue – Feels that maybe the Assistant Fire Chief should have been evaluated after his actions.

 

Dennis Hannon – 189 N. Broad Street – Feels that the final decision of discipline does rest with the Governing Body.

 

Mayor Lewis provided details on the discipline process.

 

Dennis Hannon – 189 N. Broad Street – Asked if a Civil Service List exists for the position of Assistant Fire Chief and will the Village move to have the position of Assistant Fire Chief removed from the Firefighters’ Union.

 

Mayor Lewis stated that a valid Civil Service List does not exist for the position of Assistant Fire Chief.  The list expired in April 2007.  He added that the Village could examine the possibility of petitioning the NYS Public Employee Relations Board to have this title be removed from the Firefighters’ Collective Bargaining Unit.

 

COMMUNICATIONS

 

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

 

JCSD – Reg. Mtg: October 9 and 23, 2007

Town of Union – Reg. Mtg: October 17 and November 7, 2007

Village of Endicott – Reg. Mtg: September 24, October 8 and 22, 2007

Liquor License Renewal – Mekong Restaurant – 29 Willow Street;  Zopp’s II – 76 N. Broad Street;  Ruby Tuesday – Oakdale Mall

 

Motion carried                                                                           Ayes 5  Nayes 0      

 

COMMITTEE REPORTS                                                         None

 

DEPARTMENTS REPORTS              

 

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

 

Code Enfocement

October 2007

DPW

October 2007

 

Motion carried                                                                           Ayes 5  Nayes 0    

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Balles - seconded by Trustee Jones that Abstract #8 for the

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

 

GENERAL

$949,011.51

WATER

$154,824.16

SEWER

$47,604.39

REFUSE

$34,846.62

LIBRARY

$10,432.98

OVERBROOK

$75.00

HLD

$14,200.04

JSTP-PHASE III

$244,508.62

VARPUR

$278,400.00

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0    

 

UNFINISHED BUSINESS                                                    None               

 

NEW BUSINESS

 

RESOLUTION #210

 

Motion by Trustee King - seconded by Trustee Balles to accept $8,000.00 from the State of New York for funding of the Veterans Memorial Park Beautification Project and authorize the Mayor to execute all necessary paperwork in order to receive these funds.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #211

 

Motion by Trustee Jones – seconded by Trustee Balles to authorize Free Parking from the

Isabelle Lot to Jennison Street, including North Broad, Avenue D, Avenue C, Avenue B and

Avenue A and all Municipal Lots from November 23, 2007 through and including

January 1, 2008.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0 

        

RESOLUTION #212

 

Motion by Trustee Balles – seconded by Trustee Jones to approve Request-for-Modification

5A-0008 Contract 5A-General with C.O. Falter Construction for an interest payment in the

amount of $12,394.96.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0          

 

RESOLUTION #213

 

Motion by Trustee Balles – seconded by Trustee Jones to approve Request-for-Modification

3A-0048 Contract 3A-General with C.O. Falter Construction to provide and install an additional

Sampler with an additional cost of $11,282.36.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #214

 

Motion by Trustee Adams - seconded by Trustee King to approve Request-for-Modification 3A-0048 Contract 3A-General with C.O. Falter Construction to supply the Project Field Office beyond the initial estimated time of May 2007 with an additional cost of $56,226.18 and submit to FEMA/SEMO for reimbursement.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0    

 

RESOLUTION #215

 

Motion by Trustee King - seconded by Trustee Balles to authorize the Mayor to sign an agreement with Industrial Appraisal for Machine and Equipment Appraisal at All Locations at a cost of $8,170.00, along with Full Appraisal of the Police/Court Facility at a cost of $1,375.00 and Tagging Equipment Assets having replacement value of greater than $500 at a cost of $1,300.00 for a total not to exceed $10,845.00    

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #216

 

Motion by Trustee Adams - seconded by Trustee Jones to authorize Acceptable Training for Planning Board and Zoning Board of Appeals Members of the Village of Johnson City:

 

              WHEREAS, Village Law Sections 7-712 and 7-718 provide that effective January 1, 2007, all planning board and zoning board of appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year; and

 

              WHEREAS, the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and

 

              WHEREAS the above sections of state law provide that the legislative body of the village specifies which activities qualify as training to satisfy the state requirements.

 

              NOW, THEREFORE, this 20th day of November, 2007, BE IT RESOLVED by the Village Board of Trustees of the Village of Johnson City, Broome County, New York, as follows:

 

              RESOLVED, that the following list of agencies, commissions, associations, universities and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices:

 

1)                     the NYS Department of State, Department of Agriculture Markets, Office of the State Comptroller, Department of Health, Department of Transportation, Department of Environmental Conservation, Office of Parks, Recreation, and Historic Preservation; and

 

2)                     the New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and its sections; and

 

3)                     the Central New York Regional Planning and Development Board, Southern Tier Regional Planning and Development Boards (Central, East and West); and

 

 

4)                     the Broome County Department of Planning and Economic Development and the Broome County Soil and Water Conservation district; and

 

5)                     the Albany Law School Governmental Law Center and Institute for Legal Studies, Cornell University and its cooperative extension, Binghamton University, Broome Community College; and

 

6)                     on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy; and

 

7)                     training sessions or updates or municipal law seminars provided by the village attorney or the law firm representing the Village.

 

              AND LET IT FURTHER BE RESOLVED, that other training activities may be approved on a case-by-case basis by the Village Board upon the request of a planning board or zoning board of appeals member; and be if further

 

              RESOLVED, that for the purposes of the resolution, the training year shall run from January 1 to December 31 to align with Planning and Zoning Board member appointment terms.

 

              RESOLVED, that any new member appointed to fill the last four months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be if further

 

              RESOLVED, that training received by a planning board member or zoning board of appeals member in excess of four hours in any one year may be carried over by the member into succeeding years; and be if further

 

             RESOLVED, that non-compliance with the minimum requirements shall result in ineligibility for reappointment and continued service and shall also be deemed a proper cause for removal from the board; and be if further

 

             RESOLVED, that the Village Clerk shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to he appointing authority prior to considering a member for reappointment; and be if further

 

            RESOLVED, that the Village Board may waive the training requirement on a case-by-case basis, for good cause shown.  

 

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

Department of State.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0 

 

RESOLUTION #217

 

Motion by Trustee Balles – seconded by Trustee Jones to authorize the Village Treasurer to make

corrections to the 2007 Village Property Tax Roll totaling ($9,148.36) for various reasons (detail

on file).

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0 

RESOLUTION #218

 

Motion by Trustee Jones – seconded by Trustee Balles to authorize the Village Treasurer to

forward the 2007 Unpaid Village Property Taxes to the Broome County Commissioner of

Finance  in the amount of $600,869.50 plus $54,078.25 in penalty and $371.00 in second notice

mailings for a total of $655,318.75.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #219

 

Motion by Trustee King – seconded by Trustee Jones to accept and appoint the following

individuals to the “Village of Johnson City Dissolution Committee” as presented by Mayor Lewis:  Steve Andrews, Dick Paden, Bill Klish, Jerry Putman, Bob Carr, Fred Shaheen, Ann Davis, Shirley Krno, Tom Sinclair, Joe Zurine, Tom Augostini, Sal Peretore, Jack Ewald,

John Hussar, Kay Boland and Peggy Phillips

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

PRIVILEGE OF THE FLOOR                                                 

 

Dick Paden – 312 Riverside Drive – Asked about the 2007 Village Tax Roll Corrections.

 

The Clerk/Treasurer explained how corrections need to be made due to various type of errors like clerical mistakes or court orders as they relate to assessment information on a property tax bill.  He stated that the amount that needed to be corrected was less than one-tenth of one percent of the entire tax levy.  The Clerk/Treasurer added that this amount that needed to be corrected was less than the amount that was added to the tax roll due to exemptions that were not corrected.  The Clerk/Treasurer explained that $12,233.95 was added to the tax roll and $9,148.36 was adjusted for a net gain of $3,085.59.

 

Liz Johnson – 230 Myrtle Avenue – Asked if the Village has received funds from the State of New York to do the dissolution study.

 

Mayor Lewis stated that the Village will be applying for these funds and the deadline for the application is December 14, 2007.

 

David Kellam – 42 Nassau Street – Provided details on code violations on Brown Street.  He asked the Mayor to look into the street light situation on Lester Avenue.

 

Mayor Lewis stated that the Town of Union handles street lighting issues and he will communicate with them the problems that exist.

 

David Kellam – 42 Nassau Street – Suggested that the Village initiate “Friendly Friday” in the Village whereby the Village would mediate neighborhood disputes.  He added that the incident that recently took place in the Fire Department is only the beginning in that both the Fire Department and Police Department are full of corruption.

 

Greg Deemie – 153 Zoa Avenue – Asked about Planning and Zoning Board Member training requirements.  He also inquired about how a resident can serve on either the Planning or Zoning Board.

 

Village Attorney Jacobs provided details to the training question as well as how an appointment to the Planning or Zoning Board is made.

 

Dennis Hannon – 189 N. Broad Street – Asked about the dissolution committee and then suggested that the Village issue a Press Release announcing the members of the Dissolution Committee and the first meeting.

 

Mayor Lewis stated that he would issue a Press Release listing the members of the committee and the details of the first meeting. 

 

ADJOURNMENT

 

The meeting was adjourned at 8:45P.M.

 

 

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer