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 21, 2006

PRESENT: Donald Adams Deputy Mayor

Richard Balles

Ron Jones

Bruce King Trustees

ABSENT: Harry G. Lewis Mayor

PLEDGE OF ALLEGIANCE

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

FIRE EXITS

The Deputy Mayor noted directions to the fire exits.

MISCELLANEOUS ANNOUNCEMENTS

The New York State Department of Transportation (NYSDOT) will hold a Public Information Meeting for the Route 17 conversion to I-86, which includes the portion of Route 17 within the Village, on November 29, 2006 from 7:00PM to 9:00PM at the Clayton Avenue Elementary School located at 209 Clayton Avenue, Vestal.

Broome County is seeking Public Comment on the Hazard Mitigation Plan that is on file in the Village Clerk’s office during regular business hours, 9:00AM to 5:00PM Monday through Friday.

BOARD MINUTES

Motion by Trustee King - seconded by Trustee Jones to accept and place on file the Work Session and Regular Meeting of October 17, 2006.

Motion Carried Ayes 4 Nayes 0 Absent 1 (Lewis)

BID OPENINGS None

PUBLIC HEARINGS None

PETITIONS RECEIVED None

PRIVILEGE OF THE FLOOR – VISITORS

Leo Meaney – 35 Greenridge Street – Inquired about non-residents being able to serve on the Joint Sewer Board. He stated that the combined population of the City and Village is roughly 60,000 people and he finds it hard to believe that you need to go outside the two municipalities to find people to serve on the Joint Sewer Board.

Deputy Mayor Adams provided additional details stating that this is a request from the City of Binghamton and that the Village Board will wait until the Mayor returns to address the issue.

Connie Kozak – 91 Martin Avenue – Stated to the Board that if a merger with the City of Binghamton proceeds then Johnson City would take all the negatives that goes with the City and that this idea should proceed with caution if at all.

Marty Meaney – 41 Weymouth Lane – Asked if the Village Board is going to agree to change the agreement with the City of Binghamton and allow for non-residents to serve on the Sewer Board.

Deputy Mayor Adams stated that this is the first time an official resolution is being presented to the Board but that he would like to have the Mayor’s input before a decision is made.

Frank Dohnalek – 913 Reynolds Road – Thanked the Water Department and Department of Public Works for assisting him during last week’s flood. He asked about possible explanations as to why the flooding occurred.

Director of Public Service Robert Bennett stated that too much storm water went into the sanitary lines. The Village will continue to look into footer drains being connected to the sanitary lines. He also stated that the sanitary lines were not obstructed by sanitary waste and that the lines could not handle the 3.75 inches of rain that was received in about four hours. In addition the terminal pump station at the Joint Sewage Treatment Plant is not fully operational and therefore could not handle that amount of storm water.

Art Smith – 48 Margaret Street – Asked about any talks regarding Village services that may be consolidated or dissolved and wondered if the Parks will be merged with the Town of Union.

Deputy Mayor Adams stated that talks are on-going with the Town of Union about merging the two systems. A draft proposal will be forwarded to the Town of Union very soon and then the two governing bodies will continue to negotiate this agreement. Deputy Mayor Adams also stated that there is a current petition drive to dissolve the Village.

Tom Brown – 211 Cyndy Street – Asked if the Board is aware of how signatures to dissolve the Village are being collected.

Ann Davis – 63 St. Charles Street – Stated that the petition states one thing but residents are told another thing by those gathering signatures.

Mike McCann – 36 Margaret Street – Asked if people can come forward and communicate how the petition was presented to them.

Attorney Westfall stated that anybody can communicate these situations to the Board.

Connie Kozak – 91 Martin Avenue – Stated that George F. Johnson deeded the Carousel to the children of Johnson City.

Marty Meaney – 41 Weymouth Lane – Asked if people who signed the petition to dissolve could get their names removed from the petition.

Attorney Westfall stated that people could have their names removed if so desired.

Art Smith – 48 Margaret Street – Feels that the newsletter is a good resource to communicate to the residents what is happening in the Village.

COMMUNICATIONS

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

JCSD – Reg. Mtg: October 10 and 24, 2006

Town of Union – Reg. Mtg: October 18 and November 1, 2006

Village of Endicott – Reg. Mtg: October 9 and 23, 2006

Liquor License Renewal – Charley’s Lounge, 272 Harry L. Drive

City of Binghamton – Copy of Resolution urging the City of Binghamton and Village of Johnson City to examine a possible merger.

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

COMMITTEE REPORTS None

DEPARTMENTS REPORTS

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

Code Enfocement	October 2006
DPW	September and October 2006
Water Department	September and October 2006

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

PAYROLL AND BILLS PRESENTED

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

Fiscal Year 2006-07, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$741,203.13
WATER	$84,964.11
SEWER	$131,434.93
REFUSE	$63,087.33
LIBRARY	$17,340.78
JSTP-PHASE III	$263,906.85
HLD-PI	$15,276.25
VARPUR	$3,375.00

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

UNFINISHED BUSINESS None

NEW BUSINESS

RESOLUTION #171

Motion by Trustee King - seconded by Trustee Jones to authorize the Clerk/Treasurer to forward the unpaid 2006 Village Property Taxes to the Broome County Commissioner of Taxes in the amount of $450,667.18 in base taxes plus $40,560.05 in penalty and $309.00 in second notice mailings for a total of $491,536.23.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #172

Motion by Trustee King – seconded by Trustee Balles to set a Public Hearing for

December 5, 2006 to consider a request for a Special Permit for a Home Occupation by the

applicant Laura Wiktorek at 158 Myrtle Avenue.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #173

Motion by Trustee Jones – seconded by Trustee Balles to authorize Change Order No. 1 for the

Storm Pipe Replacement Project on Reynolds Road for Collapsed Pipe, the Removal and

Resetting of Granite Curb and a Access Hatch Structure Modifications for a total additional cost

of $5,027.51 with the Village seeking reimbursement for the above detailed additional costs.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #174

Motion by Trustee King - seconded by Trustee Jones to appoint William Kenville to the Position of Part-Time Code Enforcement Officer, effective November 27, 2006 at $11.00 per hour.

TRUSTEE DISCUSSION

Trustee Balles disclosed that Mr. Kenville is a relative of his wife. Attorney Westfall stated that Trustee Balles does not need to abstain from the vote as long as he discloses the information.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #175

Motion by Trustee Jones - seconded by Trustee King to authorize the Mayor to sign an agreement with Atlantic-Inland, Inc. for Electrical Inspection Services for the period January 1, 2007 through December 31, 2007 with the agreement containing two separate one-year renewals at the option of the Village of Johnson City.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #176

Motion by Trustee Jones - seconded by Trustee Balles to authorize the following:

WHEREAS, the Village of Johnson City Board of Trustees is committed to improving the Central Business District of the Village; and

WHEREAS, the Village of Johnson City Board of Trustees is supportive of the effort of the Goodwill Theatre, Inc. to develop a performing arts complex around the Goodwill Theatre; and

WHEREAS, the Board of Trustees realizes the importance of developing a plan that includes United Health Services, Goodwill Theatre, Inc. and the downtown business community; and

NOW THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the submittal of a joint application with Goodwill Theatre, Inc. for the New York State Quality Community Grant Program for the development of a plan for the creation of a Health and Cultural District that encompasses the downtown business district and nearby vacant and underutilized properties, industrial and commercial properties and to provide assistance to the project from the Village Planning Department.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #177

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

Authorizing the implementation and funding in the first instance 100% of the Federal aid-eligible costs, of a transportation Federal-aid emergency relief project, to fully fund the local share of Federal-aid eligible and ineligible projects costs, and appropriating funds therefore.

WHEREAS, a Project for the Flood of April 2, North Broad Street and Riverside Drive, Village of Johnson City, P.I.N. 9890.13 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds; and

WHEREAS, the Village of Johnson City desires to advance the Project by making a commitment of 100% of the Federal share of the costs thereof.

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

RESOLVE, that the Village of Johnson City Board of Trustees hereby approves the Project; and it is hereby further

RESOLVED, that the Village of Johnson City Board of Trustees hereby authorizes the Chief Fiscal Officer of the Village of Johnson City to pay in the first instance 100% of the Federal share of the cost of Construction and Construction Inspection work for the Project or portions thereof; and it is further

RESOLVED, that the sum of $45,246.40 is hereby appropriated from A1440.4 and made available to cover the cost of participation in the Project; and it is further

RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the Village of Johnson City Board of Trustees 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 reimbursement requests for Federal Aid 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-eligible Project costs and all Project costs within appropriations therefore 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 Agreement in connection with the Project, and it is further

RESOLVED, this Resolution shall take effect immediately.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #178

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 24, 2006 through January 1, 2007.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

RESOLUTION #179

A Resolution on the Agenda to appoint a Firefighter was heldover by Trustee Balles.

RESOLUTION #180

A Resolution on the Agenda to amend the inter-municipal agreement between the City of

Binghamton and Village of Johnson City to allow for appointments to the Joint Sewage

Treatment Plant Board of either: 1. Three Residents; 2. Two Residents and One Non-Resident;

or 3. One Resident, One Non-Resident and One Non-Resident provided that such appointee is a

current employee of one of the owners was Heldover by Trustee King.

RESOLUTION #181

Motion by Trustee Adams – seconded by Trustee Balles to continue to declare the following:

A State of Emergency is hereby continued in the Village of Johnson City for a period of

time beginning at 9:00AM on June 28, 2006 and continuing in effect until the next Regularly

Scheduled Board Meeting of the Board of Trustees of the Village of Johnson City, December 5,

2006.

The State of Emergency has been declared due to emergency conditions produced by

massive flooding in which the Susquehanna River crested at almost 33’, which is the highest level

ever recorded.

These conditions threaten or imperil the public safety of the Citizens of the Village of

Johnson City, Broome County, New York.

As Chief Executive Officer of the Village of Johnson City, Mayor Harry G. Lewis has

exercised the authority given to him under New York State Executive Law, Article 2-B, to

preserve the Public Safety and hereby render all required and available assistance in order to

secure the well-being and health of the Citizens of the Community.

The Mayor hereby directs all Departments of the Village to take whatever steps necessary

to protect life and property, public infrastructure and other such emergency assistance as deemed

necessary as it relates to the damage caused by the flooding events of June 2006.

Board members polled

Motion carried Ayes 4 Nayes 0 Absent 1 (Lewis)

PRIVILEGE OF THE FLOOR

Marty Meaney – 41 Weymouth Lane – Asked if the Village website could be utilized to get information to the people regarding the petition to dissolve the Village. Asked about savings related to 911 Dispatching Services.

Trustee King asked the Village Attorney to draft something that could possibly be placed on the website and the Clerk/Treasurer explained how the budget was affected by 911 Dispatching being moved to Broome County.

Ann Davis – 63 St. Charles Street – Feels that Code Enforcement should be enhanced. She is seeing too many run down properties that devalue neighboring properties and make the Village look unattractive.

Connie Kozak – 91 Martin Avenue – Asked the Village to consider an eyesore tax which could be utilized to make property owners keep their properties up to the proper standards.

Art Smith - 48 Margaret Street – Feels that allowing non-residents to serve on the Joint Sewage Treatment Plant Board is taking a slippery slope because it allows for too much politics and would only cause additional problems.

Mike McCann – 36 Margaret Street – Asked about progress on the Goodwill Theatre, Inc.

Trustee Jones stated that he would get Mr. McCann a copy of their current situation and plans if he would like it. He also stated that anyone can visit their offices at 67 Broad Street and ask for a tour or to see their plans.

Leo Meaney – 35 Greenridge Street – Feels that the Goodwill Theatre, Inc. should have made improvements to the theatre before purchasing other buildings.

David Tripicco – 152 Jay Street – Asked if the Gazebo Project is still on-going.

Trustee Balles stated that the project is still moving forward.

David Tripicco – 152 Jay Street – Asked about the outcome of the Parks Study that was done a couple of years ago.

Trustee Balles stated that the study proved that the parks needed a great deal of investment as the equipment was outdated. With the Village being financially unable to make this type of investment the option of forming a partnership with the Town was the best approach to take in terms of getting improvements made to the Parks.

Trustee King stated that when the Village of Johnson City, Village of Endicott and Town of Union initially met to discuss possible mergers and/or consolidation of various functions that the Parks became an area of possibility because this function was common to each of the three municipalities.

Ann Davis – 63 St. Charles Street – Stated that the Village needs to maintain and invest in its assets so that they do not become antiquated and run-down.

Mike Tugwell – 127 Greenridge Street – Asked if the Town would have enough employees to maintain the parks.

Deputy Mayor Adams stated that this is part of the talks that the Village will engage in with the Town of Union at the appropriate time.

ADJOURNMENT

The meeting was adjourned at 9:00P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer