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 April 18, 2006

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

Girls Softball will hold Opening Day Ceremonies on April 22, 2006 at 12:00PM noon at Virginia Avenue Field.

Little League Baseball Opening Day is April 28, 2006 at 6:30PM at Don Dutter Field at Northside Park.

The Broome County Association of Towns and Villages will meet on April 27, 2006 at 6:30PM at McKirk’s Restaurant with this meeting being Lobbying Day with our New York State Legislators.

Trustee King presented a Service Award on behalf of the Johnson City Elks to the personnel of the Johnson City Fire Department. Chief Michalovic and Fire Marshall Dempsey accepted the plaque from Trustee King.

Trustee King presented Mike Taylor, a member of the Union Volunteer Emergency Services (UVES) squad with a plaque on behalf of the Johnson City Elks.

BOARD MINUTES

Motion by Trustee Balles - seconded by Trustee Jones to accept and place on file the Village Board Minutes for the Work Session and Regular meeting of April 4, 2006 and the Special Work Sessions of April 6, 8, 10 and 17, 2006.

Motion Carried Ayes 5 Nayes 0

BID OPENINGS

The following were received on the $275,000 Revenue Anticipation Note (RAN) on

April 18, 2006 at 11:00A.M.

Bidder	Amount	Interest Rate	Gross Interest	Premium	Net Interest	Eff. Net. Int. Rate
JPMorgan	$275,000	3.720%	$10,230.00	$0.00	$10,230.00	3.720%
Partners Trust	$275,000	3.740%	$10,285.00	$0.00	$10,285.00	3.740%
First Niagara	$275,000	3.830%	$10,532.50	$0.00	$10,532.50	3.830%
M&T Bank	$275,000	3.850%	$10,587.50	$0.00	$10,587.50	3.850%

Motion by Trustee Jones – seconded by Trustee King to accept and award the $275,000 Revenue Anticipation Note to the low bidder of 3.72%, JPMorgan Chase.

Board members polled

Motion carried Ayes 5 Nayes 0

PUBLIC HEARINGS

Mayor Lewis opened the Public Hearing to hear public comment on the 2006-2007 Village Budget which has a tentative tax rate of $280.8526 per thousand or an increase of 14.19%. The Mayor stated that the Board will not vote on the budget at this meeting.

Dorothy Pobocek – 84 Virginia Avenue – Asked about the number of first grade patrolman.

Mayor Lewis provided the information.

Dorothy Pobocek – 84 Virginia Avenue – Asked about health insurance premiums and the amount of money that the Village spends on health insurance premiums.

Mayor Lewis provided details on the Village’s health insurance policy with Blue Cross Blue Shield.

Lou Michalak – 17 N. Harrison – Asked about charging outside users more for water usage.

Mayor Lewis stated that the Village is examining all options.

Tom Senigla – 6 Pamela Drive – Asked about the number of employees who contribute toward health insurance premiums.

Mayor Lewis provided details on the various bargaining units and their contributions toward health insurance.

Liz Johnson – 230 Myrtle Avenue – Asked who represents the Village during collective bargaining negotiations and then stated that the current 14.19% tax increase is too high.

Mayor Lewis provided details on who makes up the negotiating team on behalf of the Village.

Scott Gallagher – 122 N. Arch Street – Asked the Mayor if he had a goal in terms of the budget.

Mayor Lewis stated that the goal is always a no tax increase but does not have a specific number in mind.

Scott Gallagher – 122 N. Arch Street – Asked about the Village of Endicott’s budget as it compares to the Village of Johnson City.

The Clerk/Treasurer provided a comparison on the two Village budgets.

Tom Senigla – 6 Pamela Drive – Asked about the status of the Forest Villas development project as this would add to the tax base.

The Village Attorney stated that the project has been approved and the Village is waiting for the required bonding from the developer.

Peggy Slavik – 42 Rose Lane – Asked about any savings from this year’s budget that may be applied to this year’s budget such as any savings from snow plowing and sanding.

Mayor Lewis stated that any unspent budgeted funds from this year’s budget will go toward next year’s budget. He also provided details and historical information on budget cuts and positions that have been consolidated.

Tom Senigla – 6 Pamela Drive – Urged the Village Board to at least examine or study the possibilities of alternatives to the way the Village provides its services. He stated that the current method of provided may prevail but at least study all the operations and see if a more cost effective manner can be implemented.

Leo Meaney – 35 Greenridge Street – Stated that all Village employees should pay 100% of their health insurance premiums.

Nancy Ditto – 49 Ackley Avenue – Asked about police and fire contributions toward health insurance premiums.

Mayor Lewis stated that members of the Police Department pay either 7.5% or 15% of the premium depending on when they were hired with a cap and members of the Fire Department do not pay any percent toward health insurance premium and these percentages are based on language in their respective collective bargaining agreements.

Tom Brown – 211 Cyndy Street – Asked for a time frame for construction completion of the Joint Sewage Treatment Plant.

Mayor Lewis stated that by October of this year construction will be substantially completed.

Tom Senigla – 6 Pamela Drive – Asked about the possibility of a Broome County takeover of the Joint Sewage Treatment Plant.

Mayor Lewis stated that there have been no formal discussions on the subject.

Tom Senigla – 6 Pamela Drive – Asked about developments to grow the Village and expand the tax base.

Mayor Lewis provided an overview of what the Village does to promote itself to both businesses and residents.

Dick Paden – 312 Riverside Drive – Asked about eyecare allowances that are part of the budget.

Mayor Lewis provided details on eyecare allowance and which employees are eligible under their collective bargaining agreements.

Carolyn Laskoski – 37 Edwards Street – Feels that the tax rate is too high and that something needs to be done to lessen the amount of property taxes.

Scott Gallagher – 122 N. Arch Street – Asked about sales tax and what effect the exemption on clothing will have.

The Clerk/Treasurer stated that the County is considering going back to 50/50 split of the sales distribution. A 50/50 split would negate any potential loss of sales tax revenue due to the exemption on clothing of $110 or less.

Marcia Modlo – 38 Rose Lane – Feels that the Village Board should hold more public meetings related to the budget or finances of the Village rather than just once a year. This would allow the public to offer their input on a more regular basis.

Tom Senigla – 6 Pamela Drive – Asked if the Village could consolidate its Library operations with the Town by turning over the building to the Town.

Village Attorney Westfall stated that this would be subject to mandatory referendum and that voters of the Village would have to decide that question.

Mark Grabowski – 210 Ukrainian Hill Road – Asked the Village Board to please reduce the property taxes as much as possible. He stated that while he is in his 40s that not many people are following him and that he appreciates the hard work of the Village Board in getting reducing the taxes as much as possible.

Henry Michalovic – Fire Chief of the Johnson City Fire Department – The Chief stated that a serious issue around the Village and the State are tax-exempt properties. He urged everyone is attendance to help lobby for a law that would make not-for-profits pay for public safety services they receive.

Mayor Lewis provided details on which not-for-profits contribute on a Payment-In-Lieu-of-Taxes (PILOT) basis.

Tom Brown – 211 Cyndy Street – Stated that each store in the Mall pays for their own water usage.

PETITIONS RECEIVED None

PRIVILEGE OF THE FLOOR – VISITORS

Leo Meaney – 35 Greenridge – Asked about the developments in the area and if the Joint Sewage Treatment Plant can handle the additional flows.

The Clerk/Treasurer explained that the Joint Sewage Plant has the capacity to handle developments that are currently being proposed.

Dotty Pobocek – 84 Virginia Avenue – Received a letter from the Code Enforcement Office stating she needed to clean an area that she does not own.

Mayor Lewis stated he would look into the matter.

George Ditto – 49 Ackley Avenue – Feels that the Floral Avenue Park vandalism issue needs to be addressed and asked that extremely strict measures be taken to address the situation. This particular area of the Village needs special attention.

Trustee Balles stated that the Board is committed to updating and improving the parks. He added that Floral Avenue Park needs a facelift and a better presence at the park is needed.

Mike Tugwell – 127 Greenridge Street – Asked if the fence between the cemetery and the Park has been fixed.

Mayor Lewis stated he recently talked to the Department of Public Works about repairing the fence.

Rudy Gaspar – 20 Meadow Street, Binghamton – Asked the Board’s position on allowing non-licensed plumbers to replace water heaters and softeners.

Mayor Lewis stated that the issue of Local Law No. 2 of 2006 would be addressed a little later in the meeting.

Tom Senigla – 6 Pamela Drive – Asked about the purchasing of vehicles given the price of gas.

Mayor Lewis provided details on how the Village procures vehicles and what the price of gas to the Village is.

COMMUNICATIONS

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

Town of Union – Reg. Mtg: April 5, 2006

Village of Endicott – Reg. Mtg: March 27, 2006

B/JC JSTB – Reg. Mtg: April 11, 2006

BC Association of Towns & Villages – Reg. Mtg: March 2006

Liquor License – Sidelines – 320 Grand Avenue (renewal)

Motion carried Ayes 5 Nayes 0

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

March 2006

Board members polled

Motion carried Ayes 5 Nayes 0

PAYROLL AND BILLS PRESENTED

Motion by Trustee Balles - seconded by Trustee Jones that Abstract #19 for the Fiscal Year 2005-06, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$85,463.78
WATER	$16,987.76
SEWER	$654,678.16
REFUSE	$29,629.26
LIBRARY	$25,979.01
JSTP-PHASE III	$238,140.69

Board members polled

Motion carried Ayes 5 Nayes 0

UNFINISHED BUSINESS

Mayor Lewis stated a Public Hearing was held at the last Regular Meeting of April 4, 2006

regarding the Town of Union’s efforts to create a Town-Wide District Court which would include

the Village of Johnson City. No action was taken following the public hearing.

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

WHEREAS, as a result of various shared services meetings and discussions, the Town of Union, Village of Johnson City, and the Village of Endicott, jointly propose and recommend creation by New York State statute of a District Court for the entire Town of Union, including and encompassing the Village of Johnson City and the Village of Endicott;

NOW THEREFORE, BE IT

RESOLVED, that the Village of Johnson City Board of Trustees hereby approves and supports the recommendation for the creation of a District Court by the New York State Legislature for the entire Town of Union, including the Village of Johnson City and the Village of Endicott; and be it further

RESOLVED, that the Mayor and Village Clerk and such other officials as may be necessary are authorized to take such additional and further action to otherwise implement this Resolution.

Board members polled

Motion carried Ayes 5 Nayes 0

Mayor Lewis re-opened the Public Hearing regarding Local Law No. 2 of 2006 which would

amend the plumbing code to allow non-licensed plumbers to replace water heaters and water

softeners contingent upon securing a permit and having the work inspected by the Village’s

Plumbing Inspector.

Tom Senigla – 6 Pamela Drive – Asked about differences in a variety of plumbing improvements

and feels that these changes are good for the homeowner.

Jim Spencer – Plumbing Contractor – Feels only licensed plumbers should be allowed to provide

plumbing services.

Leo Meaney – 35 Greenridge Street – Feels that as long as a permit is issued and an inspection is

completed, anybody should be able to perform the work.

Rudy Gaspar – 20 Meadow Street, Binghamton – Feels that only a very small percentage of

plumbers do not get permits. He also feels that very few plumbers are greedy which leads to

resentment among some people not wanting to hire licensed plumbers. Feels strongly that these

proposed changes to the plumbing code, which allows lay people to do plumbing work could

possibly harm others.

There being no one else wishing to speak, Mayor Lewis closed the Public Portion of the Public

Hearing.

Motion by Trustee Balles – seconded by Trustee Adams to not adopt Local Law No. 2 of 2006.

Board members polled

Motion failed Ayes 2 Nayes 3 (Jones, King, Lewis)

Motion by Trustee Jones – seconded by Trustee King to adopt Local Law No. 2 of 2006 which

Amends Sections 200-22 and 200-34 in the following manner:

Add Section 200-34 B (4):

A licensed plumber is not required for the replacement of a water heater or water softner.

Amend Section 200-22 to read:

Except as provided in Section 200-34, no person shall engage in the trade, business or occupation

of plumbing in the Village without first having obtained a license therefore from the Plumbing

Board.

Board members polled

Motion carried Ayes 3 Nayes 2 (Adams, Balles)

NEW BUSINESS

RESOLUTION #67

Motion by Trustee Jones - seconded by Trustee King to reduce the penalty on the April 2006 Water/Sewer/Refuse for 801 Reynolds Road to $25.00.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #68

Motion by Trustee Balles - seconded by Trustee Jones to transfer $27,000 from A3120.4 to A1620.4 for Police Department fuel purchases in the 2005-2006 Fiscal Year.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #69

Motion by Trustee Jones - seconded by Trustee Adams to transfer $7,000 from A3410.4 to A1620.4 for Fire Department fuel purchases in the 2005-2006 Fiscal Year.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #70

Motion by Trustee Balles - seconded by Trustee Adams to approve Request for Modification (RFM) – Phase III, Contract 3B-0009 Electrical with Matco Electric to add TRDs to the Flygt Pumps for warranty purposes with an additional cost of $3,098.00.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #71

Motion by Trustee Balles - seconded by Trustee Jones to approve an hourly wage increase to the part-time Court Clerk Mary Waibel to $8.50 per hour retroactive to February 7, 2006.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #72

Motion by Trustee Balles - seconded by Trustee Jones to authorize the Mayor the sign the Broome County Parade Participation Form in order for the Village to participate in the Bi-Centennial Parade to be held on June 3, 2006.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #73

Motion by Trustee King - seconded by Trustee Jones to approve the update of the Village’s procurement policy although there are no changes, effective April 18, 2006.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #74

Motion by Trustee Adams - seconded by Trustee Jones to authorize 3i Graphics to operate a Banner Program in the Village of Johnson City with a letter of support from the Village endorsing the program and contingent upon successful review of the contract from the Village Attorney for a period of one year commencing June 1, 2006 through May 31, 2007.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #75

Motion by Trustee Jones - seconded by Trustee King to authorize the Mayor to sign a six-month lease extension with HSBC Bank, USA with all terms and conditions in effect through June 30, 2006.

Board members polled

Motion carried Ayes 5 Nayes 0

PRIVILEGE OF THE FLOOR

Carolyn Laskoski – 37 Edwards Street – Asked about the landscaping around the Traffic Circle.

Director of Public Services Robert Bennett stated he would look into the situation with the NYS Department of Transportion.

Dick Paden – 312 Riverside Drive – Asked if there is any precedent on reducing the penalty assessed to a water bill as the scenario on 801 Reynolds Road.

Mayor Lewis stated that there is precedent and that the Village Board examines each request on a case by case basis before making a final decision.

ADJOURNMENT

The meeting was adjourned at 9:50P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer