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 4, 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

The Mayor stated that he received information from the Broome County Emergency Services related to possible flooding due to heavy rains in the forecast.

The Mayor stated that a meeting will take place on March 5, 2008 at 7:00PM at the Firehouse Stage, 46-48 Willow Street, to discuss the EJ Industrial Spine with a consultant recently hired by Broome County, Clough, Harbour Associates.

BOARD MINUTES

Motion by Trustee King - seconded by Trustee Hannon to accept and place on file the Village Board Minutes for the Work Session and Regular meeting of February 19, 2008.

Motion Carried Ayes 5 Nayes 0

BID OPENINGS

Bids were received on February 28, 2008 for Curb, Gutter and Sidewalk Replacement.

Bidder	Bid
G. DeVincentis & Son	$168,140.00
Albert Torto Construction	$225,600.00

Motion by Trustee Balles – seconded by Trustee King to accept and award the Curb, Gutter and Sidewalk Replacement bid to G. DeVincentis & Son in the amount of $168,140.00.

Board members polled

Motion carried Ayes 5 Nayes 0

Bids were received on February 29, 2009 for the demolition of 37 River Terrace.

Bidder	Bid
Gorick Construction	$11,200.00

Motion by Trustee Adams – seconded by Trustee King to accept and award the Demolition bid for 37 River Terrace to Gorick Construction in the amount of $11,200.00.

Board members polled

Motion carried Ayes 5 Nayes 0

PUBLIC HEARINGS

Mayor Lewis opened the public hearing to consider Local Law No. 2 of 2008 which would re-zone 71 and 75 Baldwin Street from Multi-Residential (RM) to General Commercial (CG).

Sarah Campbell, attorney with Hinman, Howard & Kattell who represents the applicant, Hannah Enterprises, provided details on why the applicant wishes to re-zone the properties. Ms. Campbell stated that in order to utilize the properties as commercial for an eatery establishment, the re-zone is necessary. She stated that the applicant recently demolished a building on Faatz Alley and now leases this property as a parking lot. Ms. Campbell stated that while parking is an issue, the applicant feels that most customers will be from existing traffic.

With no one wishing to speak, Mayor Lewis closed the public portion of the Public Hearing.

Trustee Balles asked if any changes will be made to the property.

Attorney Campbell stated that no major changes will be made.

Trustee Balles asked about hours and number of employees.

Attorney Campbell stated that no more than two employees are needed for the seven day operation which will be open until 7:00PM or 8:00PM each day.

Trustee Hannon asked if the property will have any residents living there.

Attorney Campbell stated that no residents will live on the property.

Attorney Westfall stated that any modifications will need to go through the Planning Board for Site Plan Review. Attorney Westfall also stated that this is not spot zoning because adjacent properties are already zoned in a consistent manner.

Trustee King asked that the applicant work with Code Enforcement on any issues.

Mayor Lewis read the recommendations and comments from each Department along with the recommendation from the Planning Board that the property be re-zoned.

RESOLUTION #35

Motion by Trustee Balles – seconded by Trustee Hannon to adopt Local Law No. 2 of 2008 and re-zone 71 and 75 Baldwin Street from Multi-Residential (RM) to General Commercial (CG) and incorporate all Department Head Recommendations.

Board members polled

Motion carried Ayes 5 Nayes 0

Mayor Lewis opened the Public Hearing to consider Local Law No. 1 of 2008 which would add a Section to the Village Code indemnifying public officers of the Village of Johnson City.

Attorney Westfall stated that the Village most likely has already adopted and approved this by resolution and now the Village is placing this language into the Village Code.

With no one wishing to speak, Mayor Lewis closed the public portion of the Public Hearing.

RESOLUTION #36

Motion by Trustee Balles – seconded by Trustee Hannon to adopt Local Law No. 1 of 2008 which adds the following to the Village Code:

DEFENSE AND INDEMNIFICATION OF PUBLIC OFFICERS

Be it enacted by the Village Board of the Village of Johnson City as follows:

Section 1. Statutory Authority; Title.

This Local Law is adopted pursuant to the authority of Section 18 of the Public Officers Law of the State of New York and shall be known as the “Defense and Indemnification Law of the Village of Johnson City.”

Section 2. Purpose.

This Local Law provided for the legal defense and indemnification of judgments against Employees of the Village pursuant to Section 18 of the Public Officers Law.

Section 3. Definitions.

For the purpose of this Chapter, the following terms shall have the meanings given herein:

EMPLOYEE – Any person who is an officer or employee of the Village of Johnson City, or any member of any Village Board, council or commission or a volunteer expressly authorized to participate in a Village-sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of the Village, whether or not compensated. The term “employee” shall include a former employee, his or her estate or judicially approved personal representative but shall not include an independent contractor.

VILLAGE – The Incorporated Village of Johnson City, County of Broome, State of New York.

Section 4. Benefits of statute conferred on Employees.

By the adoption of this chapter, the Village hereby agrees to confer upon its Employees the benefits of §18 of the Public Officers Law of the State of New York and to be held liable for the costs incurred under its provisions.

Section 5. Responsibility of Village.

Subject to the terms, provisions and conditions contained in said Public Officers Law, the Village shall provide for the legal defense and indemnification of its Employees for acts or omissions which occurred while they were acting or, in good faith, purporting to act within the scope of their public employment or duties.

Section 6. Resolution of Disputes.

Any disputes as to whether an Employee was acting or, in good faith, purporting to act within the scope of his or her employment or duties shall be resolved by the Board of Trustees, which shall review and consider the facts and circumstances out of which the complaint arose. The Board of Trustees need not limit its review to the allegations contained in the legal proceedings and may reassess any determination based on additional evidence or subsequent developments in the action or proceeding.

Section 7. Partial Invalidity.

If any section of this Local Law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder of this Local Law.

Section 8. Repealer.

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 9. Effective Date.

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Board members polled

Motion carried Ayes 5 Nayes 0

Mayor Lewis opened the Public Hearing to consider amending a previously approved Special Permit at 753 Harry L. Drive to allow for a retail store from seasonal retail food.

Brian Rumpel, Coventry Road, Binghamton (the applicant) provided details on why he is requesting an amendment to his special permit. He stated that he would like to construct a building on the property.

With no else wishing to speak, Mayor Lewis closed the public portion of the Public Hearing.

Trustee Balles asked the type of business that Mr. Rumpel is looking to open.

Mr. Rumpel stated that his wife operates a dance studio and he is looking to bring that business to 753 Harry L. Drive.

Trustee Balles asked how many buildings will be constructed.

Mr. Rumpel stated that he hopes to construct two buildings.

Mayor Lewis read recommendations from each Department.

Trustee Hannon asked about issues with the Fire Department.

Attorney Westfall stated that the Zoning Board will address any Fire Department issues.

RESOLUTION #37

Motion by Trustee Balles – seconded by Trustee King to approve a modification to a previously approved Special Permit at 753 Harry L. Drive to allow for a retail store which is a modification from the previously approved retail food Special Permit and incorporate all Department Head Recommendations.

Board members polled

Motion carried Ayes 5 Nayes 0

PETITIONS RECEIVED

Mayor Lewis stated that the Village recently received a Petition from residents on Zoa Avenue which requested the Village to address a drainage problem. The Mayor stated that the Village is gathering information related to this petition and that the Village will formulate an answer and response to the petition.

PRIVILEGE OF THE FLOOR – VISITORS

Tom Johnson – 115 Richard Street – Spoke on the proposed Senior Living Center at 373 Harry L. Drive and read a letter on behalf of the concerned residents of Richard Street. He stated that the Planning Board should not have forwarded the issue of re-zoning 373 Harry L. Drive to the Village Board. Mr. Johnson asked that the Village Board reject the applicant’s request to re-zone the property at 373 Harry L. Drive.

Attorney Westfall stated that she has worked with the Planning Board for several years and the members are very professional and dedicated and she takes exception to parts of the letter that Mr. Johnson read which refers to the Planning Board in a negative light.

Mr. Johnson stated that he read the letter on behalf of many Richard Street residents but did not personally compose the letter.

Stephen Sees – 45 Richard Street – Stated that he opposes the request to re-zone 373 Harry L. Drive.

Tom Kelleher – 72 Richard Street – Stated that he bought his house on Richard Street five years ago in order to raise his family. He invested his life-savings into his house with the idea that the current zoning code of 373 Harry L. Drive could only be utilized for homes similar to his. He added that all parties have a great deal to gain with the exception of the nearby homeowners. He does not want the neighborhood compromised and is against the re-zoning of 373 Harry L. Drive.

David Kellam – 42 Nassau Street – Read a letter requesting that Mayor Lewis respond to a recent response. He also asked that the Johnson City Police Department investigate a garbage complaint. Mr. Kellam asked that the Village Board appoint a special counsel to investigate the Police Department. He asked that the Village respond by March 18, 2008.

Julie Deemie – 153 Zoa Avenue – She submitted photos on behalf of a concerned Richard Street resident.

Dan Gorey – 65 Richard Street – Asked when the public hearing will be re-scheduled regarding 373 Harry L. Drive.

Attorney Westfall stated that the Village Board could at the March 18, 2008 Village Board Meeting adopt a resolution to hold the public hearing on 373 Harry L. Drive at the April 1, 2008 Village Board Meeting.

Dan Gorey – 65 Richard Street – Submitted a letter stating reasons why he is against the re-zoning of 373 Harry L. Drive and why the Village Board should reject the request.

Bob Zielewicz – 75 Richard Street – Stated that he opposes the re-zone of 373 Harry L. Drive.

Jim Muska – 106 North Street – Asked why the resolution to schedule the public hearing for the re-zone of 373 Harry L. Drive was removed from the agenda.

Attorney Westfall stated that the application fee was not paid until very late this afternoon and therefore the public hearing had to be delayed.

Greg Deemie – 153 Zoa Avenue – Asked about the application fee.

Attorney Westfall provided details.

Matt Weiss – 105 Richard Street – Stated that he opposes the re-zone of 373 Harry L. Drive because it compromises what he feels is a good family neighborhood.

COMMUNICATIONS

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

Town of Union – Reg. Mtg: February 20, 2008

Motion Carried Ayes 5 Nayes 0

COMMITTEE REPORTS None

DEPARTMENTS REPORTS

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

DPW	February 2008

Motion Carried Ayes 5 Nayes 0

PAYROLL AND BILLS PRESENTED

Motion by Trustee Adams - seconded by Trustee Hannon that Abstract #15 for the Fiscal Year 2007-08, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$365,088.29
WATER	$51,549.94
SEWER	$353,855.43
REFUSE	$16,882.40
LIBRARY	$12,558.73
JSTP-PHASE III	$164,903.32

Board members polled

Motion carried Ayes 5 Nayes 0

UNFINISHED BUSINESS

Trustee Balles stated that he has received answers from the Clerk/Treasurer on his questions

related to specific budget lines.

NEW BUSINESS

RESOLUTION #38

Motion by Trustee King - seconded by Trustee Balles to appoint Jennifer Kakusian to the position of Clerk/Treasurer effective March 10, 2008 at a base salary of $49,413.71 and contingent upon receiving the resignation of the current Clerk/Treasurer.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #39

Motion by Trustee King – seconded by Trustee Adams to authorize the Mayor to execute a

contract with the Center for Governmental Research (CGR), Inc. to prepare a Dissolution Study

in coordination with the Dissolution Study Committee in the amount of $58,000.00 and

contingent upon final legal review.

TRUSTEE DISCUSSION:

Trustee Hannon discussed the grant that the Village has applied for with the State of New York

that hopefully gets approves in order to fund the dissolution study.

Trustee Balles provided comments as well on the grant.

Board members polled

Motion carried Ayes 5 Nayes 0

PRIVILEGE OF THE FLOOR – VISITORS

Greg Deemie – 153 Zoa Avenue – Asked the amount of the application for 373 Harry L. Drive is.

Attorney Westfall stated that the fee is $1,377.00.

Julie Deemie – 153 Zoa Avenue – Asked about the consultant to the dissolution committee.

Attorney Westfall provided details.

Mayor Lewis stated that the Village Board needed to return to Work Session.

ADJOURNMENT

The meeting was adjourned at 8:50P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer