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 Justice Building on March 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.

 

FIRE EXITS

 

The Mayor noted directions to the fire exits.

 

MISCELLANEOUS ANNOUNCEMENTS

 

The Mayor noted that the next Regular Meeting will be held at Village Hall which is the normal meeting room.

 

BOARD MINUTES

 

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

 

Motion Carried                                                                          Ayes 5  Nayes 0 

 

BID OPENINGS                                                                     

 

Bids were received on February 27, 2007 for a $6,740,859 Bond Anticipation Note

Bidder

Amount

Int. Rate

Gross Interest

Premium

Net Int.

Eff. Net Int. Rate

JPMorgan

$6,740,859

3.640%

$244,685.69

$0.00

$244,685.69

3.640000%

First Niagara

$6,740,859

3.740%

$250,735.61

$0.00

$250,735.61

3.730000%

First Albany

$6,740,859

3.830%

$257,457.25

$271.00

$257,186.75

3.825969%

Wachovia

$6,740,859

4.000%

$268,885.38

$2,494.12

$266,391.26

3.962897%

Parker/Hunter

$6,740,859

4.000%

$268,885.38

$1,078.00

$267,807.38

3.983963%

Piper/Jaffray

$6,740,859

4.125%

$277,288.04

$644.09

$276,643.95

4.115418%

Roos./Cross

$6,740,859

4.125%

$277,288.04

$270.00

$277,018.04

4.120983%

 

Motion by Trustee King – seconded by Trustee Balles to accept and award the JPMorgan Chase bid of 3.64% for the $6,740,859.00 Bond Anticipation Note (BAN) related to the Phase III Improvements at the Binghamton/Johnson City Joint Sewage Treatment Plant.

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

Bids were received on March 2, 2007 for the sale of the 1994 Chevy Stakebody.

Bidder

Bid

K&S Plumbing

$551.00

 

Motion by Trustee Adams – seconded by Trustee King to accept and award the K&S Plumbing bid of $551.00 for the sale a 1994 Chevy Stakebody vehicle within the Water Department.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

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 for meet specific criteria.  This would be administered through the Town of Union Assessor’s Office.

 

Constance Kozak – 91 Martin Avenue – Asked if the Village dissolved would this legislation be affected.

 

Mayor Lewis stated that the if the Village dissolved, it would have no affect on 485-b, which is a limited property tax exemption with the purpose of promoting and enticing business development in areas with potential.

 

Mayor Lewis closed the public portion of the Public Hearing.

 

Motion by Trustee Adams – seconded by Trustee Jones to holdover the Public Hearing and advertise the continuation of the Public Hearing related to Local Law No. 1 of 2007 which relates to 485-b of the NYS Real Property Tax Law which is a limited property tax exemption for businesses.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

PETITIONS RECEIVED                                                          None

 

PRIVILEGE OF THE FLOOR – VISITORS                            

 

Constance Kozak – 91 Martin Avenue – Stated that there is a garbage problem on St. Charles Street.

 

Mayor Lewis stated that he is aware of the situation and is in the process of addressing a remedy.

 

Constance Kozak – 91 Martin Avenue – Stated that she hopes that the threat of a lawsuit does not influence the Board’s decision on whether to accept the petition.  She would like to see a committee formed that examines consolidation.

 

 

COMMUNICATIONS

 

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

 

JCSD – Reg. Mtg: February 13, 2007

Town of Union – Reg. Mtg: February 21

Liquor License – Christie’s Steakhouse – 560 Harry L. Drive (Renewal)

 

Motion Carried                                                                          Ayes 5  Nayes 0

 

COMMITTEE REPORTS                                            

 

Mayor Lewis stated that he has provided each Trustee with a copy of the tentative 2007-2008 Village Budget.

 

Trustee Balles provided an update on the Veterans Memorial Park (Gazebo) Project.  He stated that approximately $12,000 has been raised through the generosity of the community and that Assemblywoman Lupardo has communicated to the Village that New York State will provide an additional $8,000 so that the project can get started.

 

Trustee Jones provided details on recent developments with, Downtown Partnership, which is a group focused on revitalizing downtown Johnson City.  He added that many events are planned in the coming months.

 

DEPARTMENTS REPORTS

 

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

 

DPW

January & February 2007

Water

February 2007

 

Motion Carried                                                                                   Ayes  5  Nayes  0

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee King - seconded by Trustee Jones that Abstract #15 for the Fiscal Year 2006-07, having been audited by the board and approved, be ordered paid as follows:

 

GENERAL

$297,009.84

WATER

$59,204.41

SEWER

$6,169.59

REFUSE

$18,824.49

LIBRARY

$10,805.52

JSTP-PHASE III

$281,092.70

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0 

 

UNFINISHED BUSINESS               

 

Mayor Lewis provided comments regarding the dissolution petition.  He stated that a Petition was

submitted to Dissolve the Village of Johnson City.  The Mayor stated that the Village has

reviewed the petition regarding dissolution very thoroughly.  The Village remained objective

despite banter from both sides, those in favor and those against.  The Village did not distribute or

mail any material related to the petition.

 

Attorney Westfall provided a detailed account of the petition, including what the law required.

Attorney Westfall provided a detailed analysis of the petition, which included a breakdown of the

number of signatures submitted along with the number of signatures deemed invalid and the

reason why they were deemed invalid.

 

Attorney Westfall stated that 656 signatures were deemed invalid and total number of valid

signatures equaled 2,498.  The 2,498 valid signatures does not meet the minimum number of

signatures as required by law. 

 

She advised the Board to reject the petition based on the valid signatures not meeting the

minimum number required by law.

 

RESOLUTION #40

 

Motion by Trustee King – seconded by Trustee Adams to adopt the following:

 

         WHEREAS, on January 30, 2007, the Village Clerk received and on February 6, 2007 the Board of Trustees of the Village of Johnson City accepted a petition requesting the Board to adopt a resolution submitting a proposition for the dissolution of the Village to the voters of the Village of Johnson City; and

 

         WHEREAS, the Village has caused the petition to be carefully reviewed to determine if it meets the requirements of New York State law;

 

         NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.                         The Board of Trustees of the Village of Johnson City hereby resolves that the petition does not meet the requirements of the law because it does not contain valid signatures totaling at least one-third of the resident electors of the Village, qualified to vote in the last general election; and

 

2.            The Board of Trustees of the Village of Johnson City hereby rejects the petition because it does not meet the requirement of the law.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

Trustee Jones commented on how to proceed given the number of valid signatures.  Trustee Jones

read from a prepared statement in which he stated that a study should be done which examines

viable option and solutions.  He added that there is a better answer to financial problems than

dissolution.  He stated that he would prefer a merger with the City of Binghamton rather than

dissolving into the Town of Union.

 

Mayor Lewis stated that he feels a further examination of costs and services needs to be done in

order to provide feedback to those who are concerned with the cost of Village government.

 

NEW BUSINESS

 

RESOLUTION #41

 

Motion by Trustee Balles - seconded by Trustee Jones to approve RFM 4A-0017 Phase III – Contract 4A General with Pinnacle Construction for the addition of a By-Pass Piping System associated with the Centrifuge and Lime Stabilization System at an additional cost of $13,492.97

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #42

 

Motion by Trustee Jones – seconded by Trustee Balles to adopt the following:

 

         The Board of Trustees of the Village of Johnson City, in the County of Broome, New

York, hereby resolves as follows:

 

         Section A.         The bond resolution heretofore duly adopted on April 17, 2001 and

amended on April 6, 2004 and further amended on September 19, 2006 by the Village of Johnson

City, in the County of Broome, New York (herein called the “Village”) entitled:

 

“Bond Resolution of the Village of Johnson City, New York, adopted April 17, 2001, amended April 6, 2004 and further amended September 19, 2006, authorizing construction of various improvements to the Sewage Treatment Plant (Phase III) located in the City of Binghamton and owned by the Village of Johnson City and the City of Binghamton; stating the estimated total cost thereof is $67,000,000; appropriating $30,284,000 to pay the Village’s local share of such cost; and authorizing the issuance of not to exceed $30,284,000 bonds of the Village to finance said appropriation,”

 

is hereby amended by inserting a new Section 3(b) which shall read as follows:

 

                       “Section 3(b)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.”

 

                       Section B.   This amendment of the bond resolution that was adopted on April 17, 2001 and amended on April 6, 2004 and further amended on September 19, 2006 shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended.

 

                       Section C.   This resolution shall take effect immediately.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #43

 

Motion by Trustee King – seconded by Trustee Balles to authorize the Mayor to sign an

agreement with 3i Graphics and Displays for the Village of Johnson City’s commitment to the

Banner Program.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #44

 

Motion by Trustee King – seconded by Mayor Lewis to approve an amendment to the

inter-municipal agreement between the Village of Johnson City and the City of Binghamton

related to the Joint Sewage Treatment Plant, specifically Section 17 of the Agreement shall be

amended whereby two members from each municipality to the Sewer Board shall be

residents of that municipality but one appointment from each municipality may be a non-resident

of the municipality but must be a resident of Broome County and this amendment expires on

March 1, 2008.  

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

PRIVILEGE OF THE FLOOR – VISITORS 

 

John Sullivan – 701 Marian Drive – Asked for the total number of signatures invalidated because

of a wrong witness or notary date.

 

Attorney Westfall indicated that 263 signatures were deemed invalid for this reason.

 

Mr. Sullivan – 701 Marian Drive – Asked if the decision is appealable.

 

Attorney Westfall stated that he would have to consult an attorney on that question.

 

Mr. Sullivan asked several questions related to the petition in which Attorney Westfall provided

answers.

 

Liz Johnson – 230 Myrtle Avenue – Stated that now the petition has been rejected the problems

still exist and she would like to know how the Village is going to deal with the current problems.

 

Mayor Lewis stated that 2,498 signatures were deemed valid and those will not be ignored.

 

Constance Kozak – 91 Martin Avenue – Hopes that everyone will work together to find solutions

and answers to problems.

 

Leo Meaney – 35 Greenridge Street – Asked how much a study would cost.

 

Mayor Lewis stated that he does not know specifically how much a study would cost but

provided details on other Villages in New York State that have done studies related to dissolution.

 

 

 

Denise Stoughton – 1116 Anna Maria Drive – Asked about providing solutions to the Village’s

financial problems and feels that the petition was rejected based on a technicality and that a study

should be done before a budget is evaluated. 

 

Mayor Lewis stated that the budget needs to be completed regardless of whether a study is moved forwarded with at this time or not.

 

Trustee Jones stated that the Board will address the issues and not bury their heads.

 

Trustee Balles stated that a copy of the budget can be obtained from the Clerk/Treasurer.

 

Mike McCann – 36 Margaret Street – Thanked the Village Board for staying neutral and asked if people who wanted their names taken off the petition after it was submitted had done so with an affidavit, would their names had been taken off.

 

Attorney Westfall stated that the names probably would not have been taken off even with an affidavit.

 

John Sullivan – 701 Marian Drive – Stated that this is the same Village Board and no changes have been made.  Asked how will the residents know that the Village is not continuing down the same road.  He asked for the Village Board to show the residents signs that things are going to get better.

 

Trustee Jones stated that the Board will look at the possibility of a study and will examine the 2007-2008 budget and he feels the answer is to grow the economy.  He feels the residents will see action by the Board around June 2007.

 

John Sullivan – 701 Marian Drive – Asked for a restructuring of how the Village operates.

 

P.J. Corry – 46 Rose Lane – Feels that everybody needs to work together in order to achieve positive results.

 

John Hussar – 14 David Drive – Stated that he signed the petition with the understanding that a study would be done.  He added that ideas from the residents need to be brought forth and a common goal achieved.

 

ADJOURNMENT

 

The meeting was adjourned at 9:13P.M.

 

 

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer