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 February 19, 2008

 

PRESENT:    Harry G. Lewis                                     Mayor

 

                     Donald Adams

                     Richard Balles

                     Dennis Hannon

                     Bruce King                                           Trustees

                    

                     Beth Westfall                                        Village Attorney           

 

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                             

 

1.   The BC Association of Towns & Villages will meet on February 28, 2008 at 6:30PM at

      The Spot Restaurant with members of the local media as Guest speakers.

 

2.  Thank you to the Lions Club for the Donation of  3 - AED’s  w/ a 4th on the way to the

     Johnson City Police Department, also Broome County will be providing the training.  

 

BOARD MINUTES

 

Motion by Trustee Adams - seconded by Trustee Balles to accept and place on file the Work Session and Regular Meeting of  February 5, 2008. 

 

Motion Carried                                                                          Ayes 5  Nayes 0          

 

 

BID OPENINGS

 

 

                                                           

PUBLIC HEARINGS        

        

 

 

 

 

 

 

PETITIONS RECEIVED

 

Julie Deemie – 153 Zoa Avenue, Johnson City-  We the undersigned tax payers and residents of Zoa Avenue, in the Village of Johnson City request that the Village of Johnson City Public Works Department take action to correct worsening storm water issues that have caused damage to our homes within the past two years. 

 

The Mayor accepted the petition and stated that it would be placed on file and that he would be sure that Public Works got a copy of it.

 

 

 

PRIVILEGE OF THE FLOOR – VISITORS                

 

Julie Deemie – 153 Zoa Avenue – Presented an article from the 1950’s, with maps and pictures.   She also presented the Mayor and the Board with a letter, asking them to take corrective action to the easement and drainage issues on Zoa Avenue.

 

Trustee Hannon asked for a copy of the article from Julie Deemie.

 

 

COMMUNICATIONS

 

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

 

JCSD – Reg. Mtg: January 22, 2008 & special meeting of February 5, 2008

Town of Union – Reg. Mtg: February 2, 2008

 

Motion carried                                                                           Ayes 5  Nayes 0       

 

COMMITTEE REPORTS        

 

Mayor Lewis stated that Bill Klish from the Dissolution committee did a presentation at the work session.  The next meeting for the Dissolution committee is on March 3, 2008.

 

 

DEPARTMENT REPORTS                

 

 

 

PAYROLL AND BILLS PRESENTED

 

Trustee Hannon asked several questions regarding bills.

-          What was the Reimbursement for the tent for Father Ruda for $1155.00

 

The Mayor provided details, that the Village had borrowed the tent and it was damaged. The insurance reimbursed $159.00.  We have a $1000.00 deductible.

 

Trustee Hannon wanted to know why we paid for Chemung Spring water.  If the fire department wanted that luxury the benevolent association should pay for it.

 

Trustee Hannon wanted to know what the current mileage reimbursement rate was.

 

Deputy Clerk  Kennerup provided the information of 50.5 cents a mile at 2008 IRS standard.

 

Trustee Hannon wanted to know why the expense for the dissolution committee to attend a seminar was coming out of A1325.4.

 

Mayor Lewis provided details that the people wanted the study but mostly because we were ordered by the judge, we have no choice but to proceed, and that means whatever costs are incurred whether or not we receive grant money we have to expend from somewhere.  We are still waiting to hear on funding to reimburse these lines, and in the next budget we can put a line in for it.  

 

Trustee Balles stated that possibly we should not be paying any dissolution costs until we receive grant money for this purpose, as we should not be taking money out of the budget for this, or is

A1325.4 starting off with $100.00 for the dissolution committee.

 

Mayor Lewis and Deputy Clerk Kennerup explained that A1325.4 is a line item that is part of the current budget as part of the Treasurer’s budget and that Tom Augostini, Treasurer had assigned the expense line for this expenditure.

 

Motion by Trustee Adams - seconded by Trustee Balles that Abstract #14 for the Fiscal Year

2007-08, having been audited by the board and approved, be ordered paid with discussed changes as follows:

 

GENERAL

$129,353.55

WATER

$42,830.12

SEWER

$14,096.45            

REFUSE

$26,194.36

LIBRARY

$8,284.67

JSTP-PHASE III

$53,742.80

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0   

 

UNFINISHED BUSINESS                                                    None

 

Trustee Balles stated that the Department of Public Works has three line items that are over in expenditures and he would like an explanation.  He figured that they had to do with the flooding and FEMA but would like it verified.  He gave the list to Deputy Clerk/Treasurer Kennerup to give to Clerk/Treasurer Tom Augostini.

 

 

 

 

 

 

Trustee Hannon stated that he felt there should have been a resolution stating the Arbitration

award that came down from PERB which was for a 2 year deal expiring May 31, 2006.   The

award was for 2 years and for the amount of $566,912.28 and does not include increased pension

costs.

 

Mayor Lewis asked if Trustee Hannon wanted to make it a resolution.

 

Beth Westfall-Village Attorney stated that Trustee Hannon’s comment is sufficient the way it is

for this purpose.

  

 

 

 

NEW BUSINESS

 

           

RESOLUTION #31

 

Motion by Trustee Adams – seconded by Trustee King Authorize Advertisement to Set a Public Hearing to consider Local Law No. 1 of  2008 for March 4, 2008 which is the Defense and Indemnification of Public Officers on behalf of the Village of Johnson City.

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0         

 

RESOLUTION #32

 

Motion by Trustee Balles – seconded by Trustee Hannon - United Health Services is asking for two metered handicapped parking spaces to be located on Hudson Street near the entrance to Wilson Square.

 

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

 

 

 

RESOLUTION #33

 

Motion by Trustee King – seconded by Trustee Balles – Set Public Hearing for March 4, 2008 by the Village Board for 71 & 75 Baldwin St. The applicant, Hannah Enterprises, LLC, requests a zone change from Multi-Residential (RM) to Neighborhood Commercial (CN) to allow a coffee shop at 75 Baldwin St on 1st floor and future commercial development of Parcels.

 

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

 

RESOLUTION #34

 

Motion by Trustee Balles – Seconded by Trustee Hannon –Set Public Hearing for March 4, 2008 by the Village Board for 753 Harry L Drive, the applicant, Brian Rumpel for a special permit for Area Variance to reduce side yard setback from 10 ft. to 5 ft. and amend the previously approved special permit-changing seasonal retail food service to retail store.

 

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

Trustee Hannon wants to make a change to the way the agenda is posted.  He would like to see the agenda set by 10:00AM on Monday with it on-line by 5:00PM Monday.  He would also like to see the agenda posted at various locations throughout the Village if possible.

 

PRIVILEGE OF THE FLOOR 

 

Marty Meaney- 41 Weymouth Lane, Johnson City – Asked if the cost of the Police arbitration award included attorney fees or if it was just salaries. 

 

Trustee Hannon stated it was for salaries only. 

 

Marty Meaney- 41 Weymouth Lane, Johnson City- Asked if Trustee Hannon had the break-down of attorney fees for the arbitration services.  Regarding the water for the fire department, he stated that the firemen’s benevolent association provides for the water in their sections, the public section and the chiefs office areas.  He asked if there is a hiring freeze within the Village and has there been for some time within the Village?

 

Mayor Lewis stated that there is not a hiring freeze within the Village.

 

David Kellam – 42 Nassau Street -  presented a letter to Mayor Lewis requesting that his concerns within this letter be addressed at the March 4, 2008 board meeting.  Whose idea it was that a representative from Coughlin & Gerhart contacted my lawyer to set up a meeting with a meeting from someone from my previous life. 

 

Beth Westfall – Village Attorney stated that her partner Jeff Jacobs had contacted his lawyer at your request. 

 

David Kellam – 42 Nassau Street - asked why Mr. Jacobs did not call him himself.

 

Beth Westfall – Village Attorney stated that when we are aware that a person has an attorney, because of ethical rules, we are required to contact the attorney.

 

David Kellam – 42 Nassau Street - stated that Endicott Avenue has a lot of Street light out.  He said that he wanted to call himself.  He also said  that the Lester Avenue light is still not working  

 

Mayor Lewis stated that he needed to call Steve Rafferty at The Town of Union, not NYSEG.  

 

David Kellam – 42 Nassau Street –  When are the yard waste crews out on Monday, could they clean-up the leaves that are between Nassau Street and Lester Avenue.

 

Mayor Lewis – Stated that he would let public works know.

 

Mike Tugwell- 127 Greenridge Street – Asked for an explanation of Resolution #31.

 

Beth Westfall-Village Attorney explained that it is a local law.  That there is a State law under

the Public Officers Law that a Municipality can indemnify to protect its officers and appointees for actions they take during the normal course of their duties.  We believe that the Village has a resolution in place, but this is putting it in as part of the code book.  

 

Mike Tugwell- 127 Greenridge Street – February 28, 2008,  at the Regency, there is a Flood summit meeting, are we going to be having a representative there at the meeting.

 

Mayor Lewis stated that we are going to have someone there.  He also stated that he would let Public works know and that he believed that Robert Bennett, Superintendent of Public Services will be attending.

 

Mayor Lewis stated that immediately following tonight meeting, he needs to meet with the Trustees in executive session to go over some applications for the Clerk’s position.

 

ADJOURNMENT

 

The meeting was adjourned at 8:40P.M.

 

 

_____________________________________

Cindy Kennerup, Deputy Clerk

 

 

Mayor Lewis, Village Attorney Westfall and the Trustees went into executive session