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 March 20, 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.

FIRE EXITS

The Mayor noted directions to the fire exits.

MISCELLANEOUS ANNOUNCEMENTS

The Broome County Association of Towns and Villages will meet March 22, 2007 at 6:30PM at the Plantation House with Guest Speakers County Executive Barbara Fiala, Majority Leader Dan Reynolds and Minority Leader Dan Schofield.

BOARD MINUTES

Motion by Trustee King - seconded by Trustee Jones to accept and place on file the Village Board Minutes for the Work Session and Regular meeting of March 6, 2007 and Special Work Sessions of March 17 and 19, 2007.

Motion Carried Ayes 5 Nayes 0

BID OPENINGS None

PUBLIC HEARINGS

Mayor Lewis opened the public hearing to consider Local Law No. 1 of 2007 which would amend Section 250 of the Village Code by adding 485-b of the New York State Real Property Tax Law which is a limited property tax exemption for businesses who meet specific criteria. This would be administered through the Town of Union Assessor’s Office. Attorney Westfall also noted that the Public Hearing is a continuation from the last Regular Meeting so that additional information could be gathered.

William Bartlett – 816 Cyndy Street – Asked whether new or expanding businesses are eligible for this property tax break and asked if it applies to retail businesses.

Attorney Westfall stated that it applies to new businesses that meet a minimum investment in the property as well as expanding businesses as long as it meets the minimum investment. She also stated that this exemption does not apply to cover dwellings or hotels/motels but that is does apply to retail ventures.

Carolyn Laskoski – 37 Edwards Street – Asked if someone is requesting this because they have a project in the works.

Mayor Lewis stated that the Village Code already contains this exemption, but this new language refines what currently exists by essentially requiring a minimum investment along with only certain areas of the Village being eligible.

Trustee Jones added that this is not being done because of someone requesting this exemption.

Trustee Balles added that the Town of Union established a Special Committee to offer recommendations on 485-b.

Mayor Lewis closed the public portion of the Public Hearing.

Motion by Trustee Jones – seconded by Trustee King to adopt Local Law No. 1 of 2007 and Amend Article III of Section 250, Section 17, 18 and 19 with the following:

ARTICLE III, Business Investment Exemption is repealed in its entirety and replaced as follows:

ARTICLE III, Targeted Business Investment Exemption

§ 250-17. Purpose.

The Town of Union has established and appointed an Industrial and Commercial Incentive Board (“ICIB”) that includes Village residents and the ICIB has recommended a plan to the Town Board of the Town of Union concerning the various types of business real property which should be granted eligibility for an exemption pursuant to 485-b (9)(b) of the Real Property Tax Law (“RPTL”) (“Plan”). The Town of Union has accepted the Plan and approved implementation of a local law regarding the same.

The Village Board of the Village of Johnson City has reviewed the Plan proposed by the ICIB to implement a targeted business investment exemption and determined that the Plan is the product of the research and study conducted by the ICIB. In addition, the Plan has been reviewed by the Johnson City Planning Department and it is determined that the plan takes into consideration the planning objectives of the Village of Johnson City within the proposed geographic area, the necessity of the exemption to the attraction of retention of such businesses and the economic benefit to the area of providing the targeted business investment exemption.

Section 485-b of the RPTL further provides that the Village Board may, after the presentation of the findings of the ICIB, adopt by local law a restricted real property tax exemption targeted, among other criteria, to specific geographic areas identified in the Plan presented by the ICIB.

The Village Board finds that the implementation of a targeted business investment exemption will encourage private investment thereby benefiting all of the residents of the Village of Johnson City by the creation of and retention of private sector jobs. The Village Board further finds that the exemptions are necessary to encourage targeted economic development and the value of the exemptions is justified by the need to provide employment opportunities and broaden the tax base. The targeted business investment exemptions will particularly aid in the revitalization or maintenance of certain identified commercial areas in the Village of Johnson City.

Accordingly, the Village Board of the Village of Johnson City has determined that it is in the best interest of the Village to implement a targeted business investment exemption and the Village Board hereby enacts the following Article pursuant to the authority provided under Real Property Tax Law § 485-b for certain real property constructed, altered, installed or improved subsequent to the enactment of this Article for commercial, business or industrial activity.

§ 250-18. Exemption Granted.

A. Certain real property constructed, altered, installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activity and which is contained within the Geographic Areas of the Village set forth in Section 250-19 shall be exempt from taxation and special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm district purposes, to the extent hereinafter provided.

B. Computation; exceptions; applicability.

(1) Computation of exemption.

(a) Such real property located within the geographic area(s) set forth in Section 250-19 of this Article shall be exempt for a period of one year to the extent of 50% of the increase in assessed value thereof attributable to such construction, alteration, installation or improvement and for an additional period of nine years; provided, however, that the extent of such exemption shall be decreased by 5% each year during such additional period of nine years, and such exemption shall be computed with respect to the exemption base. The "exemptions base" shall be the increase in assessed value as determined in the initial year of such ten-year period following the filing of an original application, except as provided in Subsection B(1)(b) of this subsection.

(b) In any year in which a change in level of assessment of 15% or more is certified for a final assessment roll pursuant to the rules of the state board, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll (after accounting for any physical or quantity changes to the parcel since the immediately preceding assessment roll) and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the Assessor receives the certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event that the Assessor does not have custody of the roll when such certification is received, the Assessor shall certify the recomputed exemption to the local officers having custody and control of the roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the Assessor on the roll. The assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by title three of article five of the New York State Real Property Tax Law for the correction of clerical errors.

Year of exemption Percentage of Exemption

1 50%

2 45%

3 40%

4 35%

5 30%

6 25%

7 20%

8 15%

9 10%

10 5%

(2) No such exemption shall be granted unless:

(a) Such construction, alteration, installation or improvement was commenced subsequent to the adoption of this Article.

(b) The cost of such construction, alteration, installation or improvement exceeds the sum of $50,000.

(c) Such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner.

(3) For purposes of this section the terms "construction," "alteration," "installation" and "improvement" shall not include ordinary maintenance and repairs.

(4) No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been paid on such improvements had such property been granted an exemption pursuant to this Article. In such case, an exemption shall be granted for a number of years equal to the ten-year exemption granted pursuant to this section less the number of years the property would have been previously exempt from real property taxes.

C. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the state board. Such application shall be filed with the Assessor of the Village having the power to assess property for taxation on or before the appropriate taxable status date of the village, town or county and within one year from the date of completion of such construction, alteration, installation or improvement.

D. If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm district purposes, as herein provided, commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.

E. The provisions of this section shall apply to real property used primarily for the buying, selling, storing or developing goods or services, the manufacture or assembly of goods or the processing of raw materials. This section shall not apply to property used primarily for the furnishing of dwelling space or accommodations to either residents or transients other than hotels or motels.

F. In the event that real property granted an exemption pursuant to this section ceases to be used primarily for eligible purposes, the exemption granted pursuant to this section shall cease.

§ 250-19. Geographic Areas

A. Targeted Business Investment Exemption Area No. 1. shall be that area bounded by the east from the intersection of Harry L. Drive and Airport Road, to the west to the Village Boundary along Harry L. Drive, to the south from the New York State right of way on the north side of NYS Route 17, and to the north to a point 100 yards north of Harry L Drive, and for Reynolds Road only to the north to a point 100 yards north of Fairview Avenue.

Board members polled

Motion carried Ayes 5 Nayes 0

PETITIONS RECEIVED None

PRIVILEGE OF THE FLOOR – VISITORS

Constance Kozak – 91 Martin Avenue – Asked what the study is that Trustee Jones stated in the newspaper that he would like to be started immediately.

Marty Meaney – 41 Weymouth Lane – Stated that less than one-third of the Village voters signed a dissolution petition and does not feel minority sentiment should rule. He feels the Village Board has done its job with the dissolution petition. He added that positive ideas need to be implemented so that the Village can grow and prosper.

Bob Carr – 1166 Anna Maria Drive – Feels that the idea behind the dissolution petition was to promote a more efficient and affordable Village government. He would like to see the Village operate like a business so that the Village can survive and not fall into bankruptcy.

COMMUNICATIONS

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

JCSD – Reg. Mtg: February 27, 2007

Town of Union – Reg. Mtg: March 7, 2007

BCAOTV – Reg. Mtg: February 2007

Motion Carried Ayes 5 Nayes 0

COMMITTEE REPORTS None

DEPARTMENTS REPORTS

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

Code Enforcement

February 2007

Motion Carried Ayes 5 Nayes 0

PAYROLL AND BILLS PRESENTED

Motion by Trustee Adams - seconded by Trustee Balles that Abstract #16 for the Fiscal Year 2006-07, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$91,818.66
WATER	$9,119.91
SEWER	$12,377.96
REFUSE	$44,526.23
LIBRARY	$5,772.88
JSTP-PHASE III	$108,123.61

Board members polled

Motion carried Ayes 5 Nayes 0

UNFINISHED BUSINESS None

NEW BUSINESS

RESOLUTION #45

Motion by Trustee Jones - seconded by Trustee Balles to approve RFM 3A-0034

Phase III – Contract 3A General with C.O. Falter Construction for the additional Channel Lining/Coating at an additional cost of $7,200.36

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #46

Motion by Trustee Jones - seconded by Trustee Balles to approve RFM 3A-0036

Phase III – Contract 3A General with C.O. Falter Construction for the additional Concrete Crack Repairs in the existing concrete walls at an additional cost of $13,446.00

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #47

Motion by Trustee Balles - seconded by Trustee Jones to approve RFM 5A-0003

Phase III – Contract 5A General with C.O. Falter Construction for the addition of Remote Temperature Detectors (RTDs) on the four replacement Terminal Pump Station Pumps at an additional cost of $6,171.90 with Reimbursement being submitted to FEMO/SEMA.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #48

Motion by Trustee King - seconded by Trustee Adams to approve RFM 5A-0004

Phase III – Contract 5A General with C.O. Falter Construction for the By-Pass Pumping and a Wet Tap at the Terminal Pump Station Pumps at an additional cost of $21,808.18 with Reimbursement being submitted to FEMO/SEMA.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #49

Motion by Trustee Jones – seconded by Trustee King to authorize the Mayor to sign a

Professional Engineering Agreement with Delta Engineers for a Bridge Study and Repair Design

of Arch Street Bridge in the amount of $6,988.00.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #50

Motion by Trustee Jones – seconded by Trustee King to appoint Jack Ewald (Resident) to the

Empire Zone to fill the unexpired term of Irene Mackey through December 31, 2007.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #51

Motion by Trustee King – seconded by Trustee Adams to appoint Maryann Coughlin to the

position of Registrar through December 31, 2007 to fill the unexpired term of the current

Registrar who is retiring.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #52

Motion by Trustee Adams – seconded by Trustee King to appoint Kenneth Jennison to the

position of Code Enforcement Officer, effective April 12, 2007, with a salary of $36,000.00 to fill

the vacancy due to retirement.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #53

Motion by Trustee Jones – seconded by Trustee King to authorize the Mayor to sign a Grant

Application for $15,000 through the New York State Office of Park, Recreation and Historic

Preservation (NYSOPRHP) for the restoration of the Harry L. Johnson statue.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #54

Motion by Trustee Jones – seconded by Trustee King to authorize the Village Attorney to draft a

resolution authorizing a voluntary study committee to study all available options to the Village,

including but not limited to, consolidation, merger, dissolution or no action and to seek all

possible grant monies available to conduct this study.

Board members polled

Motion carried Ayes 5 Nayes 0

PRIVILEGE OF THE FLOOR – VISITORS

Constance Kozak – 91 Martin Avenue – Thanked Trustee Balles for considering the amount of money needed to do this study. She also stated that many organizations and resources are available to the Village locally to assist the Village.

Leo Meaney – 35 Greenridge Street – Asked what the Village is going to study.

Mayor Lewis stated that all options, besides just dissolution, will be studied.

Carolyn Laskoski – 37 Edwards Street – Asked about the change orders related to the Joint Sewage Treatment Plant and the Arch Street Bridge inspection and design.

Mayor Lewis provided details and answers.

John Sullivan – 701 Marian Drive – Asked about the ground rules related to the Village Study that the Board is asking the Village Attorney to draft.

Trustee Jones stated that he is going into this study with an open mind, with no ideas being more favorable than others, and that the data will reveal the best avenue that the Village should pursue if any at all.

Marty Meaney – 41 Weymouth Lane – Feels that more effort needs to be concentrated by the Village Board to increase revenue.

Constance Kozak – 91 Martin Avenue – She feels a fair share tax should be implemented because so many non-profits are getting free services. She also added that cost-cutting measures need to be explored.

Leo Meaney – 35 Greenridge Street – Asked why the Village is studying these option when 5,000 people did not sign the petition.

Mayor Lewis stated that enough people have indicated that the Village should explore all options.

Marty Meaney asked about the number of streets and areas that the dissolution petitioners canvassed for signatures.

ADJOURNMENT

The meeting was adjourned at 9:03P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer