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 Public Safety Building on February 6, 2007

PRESENT: Harry G. Lewis Mayor

Donald Adams

Richard Balles

Ron Jones

Bruce King Trustees

Beth Westfall Village Attorney

PLEDGE OF ALLEGIANCE

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

Mayor Lewis requested a moment of silence in honor of former Johnson City Mayor Michael

Savich who recently passed away.

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 January 16, 2007 and the Special Work Session of January 23, 2007.

Motion Carried Ayes 5 Nayes 0

BID OPENINGS None

PUBLIC HEARINGS None

PETITIONS RECEIVED

Mayor Lewis stated that a Petition to dissolve the Village of Johnson City was received on January 30, 2007 and the entire petition is on file in the Village Clerk’s Office.

Mayor Lewis read a statement on the petition to dissolve the Village which was submitted to the Village Clerk on January 30, 2007. The Mayor stated that the law will be followed and the Village Board will be fair and objective during the entire process. The Mayor also stated that this is a very emotional issue and the Mayor asked that those who are for and those who are against the dissolution of the Village work together rather than be divisive.

Attorney Westfall stated that the Village will review the petition. After the review is complete, she will issue an opinion on whether the law has been met.

PRIVILEGE OF THE FLOOR – VISITORS

Laura Krohl – 187 Baldwin Street – Asked how someone can have their name removed from the dissolution petition if they feel they were misled.

Attorney Westfall stated that a letter should be forwarded to the Mayor’s Office stating the specifics.

Laura Krohl – 187 Baldwin Street – Asked several questions related to how the petitions were gathered and what she feels was misleading information that was given in order to gather signatures.

Attorney Westfall stated that there would be no way for the Village to police the gathering of signatures for the dissolution petition.

Mayor Lewis stated that the Village would be responsible for the costs associated with a study as part of the dissolution process.

Ann Davis – 63 St. Charles Street – Stated that she was approached at her residence and was asked to sign a petition to lower taxes, when it was actually to dissolve the Village. She feels the signatures were gathered deceitfully.

Donald Stashko – 244 St. Charles Street – Stated that his son-in-law signed the petition to dissolve the Village because it was presented to him that the petition was to lower taxes. Mr. Stashko provided a historical perspective on Johnson City and feels that Johnson City is a jewel and it would be a shame to dissolve. Mr. Stashko provided details on how the Village expanded over the years and how fire protection was considered inadequate in the northern section of the Village. He feels it would be a shame to reduce the great protection that the Village currently receives just to save a few pennies.

Henry Michalovic – Fire Chief – Asked what additional information is needed in order to illustrate that those seeking signatures to dissolve the Village misled people into signing.

Attorney Westfall stated the Village will accept letters from individuals who signed the petition if they feel they were misled.

P.J. Corry – 46 Rose Lane – Asked if there is any case law regarding people requesting to have their name removed after the petition had been submitted.

Attorney Westfall stated it is her legal opinion that no additions or deletions can be made to the petition once submitted.

Marty Meaney – 41 Weymouth Lane – Asked about the process to dissolve the Village.

Attorney Westfall stated that if the Village Board ultimately accepts the petition then the Village residents will vote on whether or not to dissolve the Village.

Laura Krohl – 186 Baldwin Street – Does not feel the Johnson City taxpayers should be burdened with the cost of a study when they were misled into signing the dissolution petition.

Marco Michitti – 40 N. Baldwin Street – Asked how the study will be conducted.

Mayor Lewis stated that the study will illustrate what services will be provided and the associated costs with that service. He added that the Town of Union will ultimately decide how to implement the study.

Leo Meaney – 35 Greenridge Street – Asked what recourse can be taken if a decision is made that the people do not agree with regarding the dissolution petition.

Attorney Westfall stated that a cause of action would be against the Village Board and not the group that submitted the petition.

Ben Krohl – 186 Baldwin Street – Asked how many faulty signatures are needed before the whole petition is voided.

Mayor Lewis stated that each signature will be reviewed.

John Sullivan – 701 Marian Drive – Stated that the voter registration list of 2005 is greatly different from the list of 2006. He added that he does not feel a consultant is needed to do the study because the Village has enough resources.

Tara Savicky – 31 Eldridge Avenue – Her husband is greatly inspired by his work as a firefighter. She would like a copy of the petition in order to educate those who signed the petition and possibly generate a petition of her own to remove the names of those who were misled. She feels if the study is done then a consultant needs to be hired in order to be objective.

John Sullivan – 701 Marian Drive – Asked how many Freedom of Information Law Requests have been submitted requesting a copy of the petition.

Mayor Lewis stated that one request has been made.

COMMUNICATIONS

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

Town of Union – Reg. Mtg: January 17, 2007; Special Mtg: January 24, 2007

JCSD – Reg. Mtg: January 9, 2007

COMMITTEE REPORTS None

DEPARTMENTS REPORTS

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

Water Department

January 2007

Motion Carried Ayes 5 Nayes 0

PAYROLL AND BILLS PRESENTED

Motion by Trustee Jones - seconded by Trustee King that Abstract #13 for the Fiscal Year 2006-07, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$402,257.42
WATER	$112,305.58
SEWER	$13,707.51
REFUSE	$35,617.38
LIBRARY	$10,947.08
JSTP-PHASE III	$236,685.70

Board members polled

Motion carried Ayes 5 Nayes 0

UNFINISHED BUSINESS None

NEW BUSINESS

RESOLUTION #26

Motion by Trustee Adams - seconded by Trustee King to promote Edward O’Hara to the position of Sergeant, from Broome County Civil Service List No. 74-288A, effective February 8, 2007, with a salary of $52,794.00

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #27

Motion by Trustee King - seconded by Trustee Balles to promote Brian Barker to the position of Deputy Superintendent (Water), provisional, effective March 1, 2007 at the hourly rate of $26.09.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #28

Motion by Trustee Balles – seconded by Trustee Jones to approve Supplemental Agreement

No. 2 (Construction Management) with C&S Engineers for $1,120,000.00 in order to complete

the original scope of services, which required to be extended due to the extensive flooding of

June 2006 which caused extensive damage and all costs associated with Supplemental Agreement

No. 2 are to be submitted to FEMA/SEMO for reimbursement.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #29

Motion by Trustee Adams – seconded by Trustee King to authorize an Agreement with Keystone

Associates for Engineering Services related to the design of a 20-inch replacement valve on

Corliss Avenue with a cost not to exceed $7,700.00

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #30

Motion by Trustee Adams – seconded by Trustee King to authorize an agreement with Hawkins,

Delafield & Wood for Bond Counsel Services related to the financing of the Phase III

Improvements at the Binghamton/Johnson City Joint Sewage Treatment Plant at a cost not to

exceed $14,000.00

Board members polled

Motion carried Ayes 5 Nayes 0

PRIVILEGE OF THE FLOOR

Don Stashko – 244 St. Charles Street – Johnson City is home to the largest hospital, the largest indoor shopping facility and several businesses have rebuilt after the June 2006 flood. He also added that new businesses are arriving on Main Street and Harry L. Drive.

Tara Savicky – 31 Eldridge Avenue – What impact does the Village Board feel dissolving will have on the Village.

Mayor Lewis stated the Village Board represents everybody and each issue will be examined.

Chief Michalovic – Fire Chief – Asked what would happen to public meetings if the Village dissolved.

Mayor Lewis stated that the residents would need to attend Town of Union Board Meetings.

Paul Cirba – 680 Main Street – Stated that he is a real estate agent and he provided statistics regarding home values and property taxes. He commended Mr. Sullivan for his efforts.

Tom Brown – 211 Cyndy Street – Asked about fire protection in the Westover part of the Town of Union.

Mayor Lewis provided details on the Westover Fire Protection Agreement between the Village and the Town of Union.

Darcy Fauci – Broome County Executive’s Office – Feels that this debate is good and the overall feeling is that these type of issues must be studied in order for the community to thrive.

Mike McCann – 36 Margaret Street – Asked if non-residents are allowed to speak.

Mayor Lewis stated non-residents are allowed to speak during the Privilege of the Floor part of the meeting.

Mike McCann – Stated that people can not speak at the meetings of the County Legislature and if the Village is dissolved there is no forum for people to speak.

Don Stashko – 244 St. Charles Street – Feels that the County Executive should move forward with consolidation for every municipality in Broome County as it will benefit everyone. He feels that the County Executive is playing dirty politics in promoting the dissolution of Villages so that she can take credit for something she does not control. He feels that she should start by making the county more efficient and hopefully she will only serve one term as County Executive.

Melodie Smith – 45 Nassau Street – Stated that she signed the petition but that she was misled into signing.

Mike McCann – 36 Margaret Street – Asked if the Village intends to freeze any parks for ice-skating.

Mayor Lewis stated he would address this issue with the Director of Public Services.

Marty Meaney – 41 Weymouth Lane – Asked about various situations in obtaining signatures.

Attorney Westfall stated that each circumstance will be examined on a case by case basis.

Ann Davis – 63 St. Charles Street – Asked if the study will be made public when it is complete.

Mayor Lewis stated that Public Hearings will be held and the Village will make the information public in a variety of ways.

Ken Fortier – President the AFSCME Union which represents Department of Public Works Employees – Stated that members of the AFSCME Union are proud of their work and services they perform for the Village residents.

ADJOURNMENT

The meeting was adjourned at 9:23P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer