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 May 29, 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 announced that the Village recently received two awards from its Workers Compensation Carrier, Public Employer Risk Management Association (PERMA).  One award was for its loss control score of 600 or greater and the 2nd award was for the Fire Department’s innovation of building a confined space training center.

 

BOARD MINUTES

 

Motion by Trustee Jones - seconded by Trustee Balles to accept and place on file the Village Board Minutes for the Work Session and Regular meeting of May 1, 2007.

 

Motion Carried                                                                                    Ayes 5  Nayes 0        

 

BID OPENINGS                                                                       

 

Bids were opened and read aloud for the Corliss Avenue 20 inch water valve replacement.

Bidder

Bid

Vacri Construction

$80,000.00

G. DeVincentis & Son Construction

$92,000.00

Albert Torto Construction

$100,730.00

Procon Contracting

$177,000.00

 

RESOLUTION #108

 

Motion by Trustee Adams – seconded by Trustee King to accept and award the $80,000.00 low bid to Vacri Construction for the Corliss Avenue 20 inch water valve replacement project and authorize the Mayor to sign all documents related to the project.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

PUBLIC HEARINGS                                                                       

 

Mayor Lewis opened the Public Hearing to hear public comment on the Village’s Annual Stormwater Management Report which covers the period of March 10, 2006 to March 9, 2007.

 

Robert Bennett, Director of Public Services, provided details on the report which included the Village being very proactive in preventing pollution into the Susquehanna River.  In addition, Director Bennett stated that the Village continually provides education and training to Village employees, and adheres to a system of cleaning catch basins so that the Village keeps current with its own permits issued by the Department of Environmental Conservation.

 

Richard Barron – 94 Albany Avenue – Stated that there is a storm drainage system at 118 Albany Avenue and was curious if this could contribute to water build-up on his property.

 

Director Bennett stated he would look into Mr. Barron’s situation.

 

Mayor Lewis closed the public hearing on the Village Stormwater Management Report.

 

Mayor Lewis opened the public hearing to consider Local Law No. 2 of 2007 which would add Chapter 238 Stormwater Management and Erosion & Sediment Control Law.

 

There being no one wishing to speak, Mayor Lewis closed the public comment period of the Public Hearing.

 

RESOLUTION #109

 

Motion by Trustee King – seconded by Trustee Balles to adopt Local Law No. 2 of 2007 by adding Chapter 238 Stormwater Management and Erosion & Sediment Control Law to the Village Code (Detail on File).

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

Mayor Lewis opened the public hearing to consider Local Law No. 3 of 2007 which would amend Chapter 244, Sections 244-4 (A) (12) and add 244-4 (C) (2) (k)

 

There being no one wishing to speak, Mayor Lewis closed the public comment period of the Public Hearing.

 

RESOLUTION #110

 

Motion by Trustee Adams – seconded by Trustee King to adopt Local Law No. 3 of 2007 by amending Chapter 244, Section 244-4 (A) (12) and add 244-4 (C) (2) (k) to read as follows:

 

(12)  Provisions for collecting and discharging surface drainage, or, if applicable, a preliminary Stormwater Pollution Prevention Plan consistent with the requirements of Article 1 and Article 2 of the Erosion and Sediment Control Law of the Village of Johnson City.

 

(k)    A Stormwater Pollution Prevention Plan consistent with the requirements of Article 1 and Article 2 of the Erosion and Sediment Control Law of the Village of Johnson City shall be required for contingent approval.  The Stormwater Pollution Prevention Plan shall meet the performance and design criteria and standards in Article 2 of the Stormwater Management and Erosion and Sediment Control Law of the Village of Johnson City.  The approved Preliminary Subdivision Plan shall be consistent with the provisions of the Erosion and Sediment Control Law of the Village of Johnson City.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

Mayor Lewis opened the public hearing to consider Local Law No. 4 of 2007 which would amend Chapter 274, Section 96 and 98.

 

There being no one wishing to speak, Mayor Lewis closed the public comment period of the Public Hearing.

 

RESOLUTION #111

 

Motion by Trustee Jones – seconded by Trustee Balles to adopt Local Law No. 4 of 2007 by amending Chapter 274, Sections 96 and 98 to read as follows:

 

(5)        A storm drainage and grading plan showing the collection and disposal of

stormwaters, or, if applicable, a Stormwater Pollution Prevention Plan

consistent with the requirements of Article 1 and Article 2 of the Erosion and Sediment Control Law of the Village of Johnson City.

 

(5)            A written report from a qualified engineer regarding the sufficiency of said storm drainage plan where the Erosion and Sediment Control Law of the Village of Johnson City is not applicable or a Stormwater Pollution Prevention Plan consistent with the requirements of Article 1 and Article 2 of the Stormwater Management and Erosion and Sediment Control Law of the Village of Johnson City shall be required for Site Plan Approval.  The Stormwater Pollution Prevention Plan shall meet the performance and design criteria and standards in Article 2 of the Erosion and Sediment Control Law of the Village of Johnson City.  The approved Site Plan shall be consistent with the provisions of the Erosion and Sediment Control Law of the Village of Johnson City.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #112

 

Motion by Trustee King – seconded by Trustee Adams to declare a Negative Declaration and appoint the Village Board as Lead Agency regarding Local Laws No. 2, 3 and 4 of 2007.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

PETITIONS RECEIVED                                                            None

 

PRIVILEGE OF THE FLOOR – VISITORS                                    None

 

COMMUNICATIONS

 

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

 

JCSD – Reg. Mtg: April 23 and May 1, 2007

Town of Union – Reg. Mtg: May 2 and 16, 2007

Village of Endicott – Reg. Mtg: March 26, April 9 and 23, 2007

Liquor License – Pancho’s Pit, 35-37 Riverside Drive (Renewal)

 

Motion carried                                                                                    Ayes 5  Nayes 0    

 

COMMITTEE REPORTS                                                           

 

Trustee Balles stated that there will be a meeting regarding the Gazebo Project on June 12, 2007 in order to review the project budget and timelines.                       

 

DEPARTMENTS REPORTS                                   

 

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

 

Code Enforcement

April 2007

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0   

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Adams - seconded by Trustee King that Abstract #20 for the Fiscal Year 2006-07, having been audited by the board and approved, be ordered paid as follows:

 

GENERAL

$716,110.59

WATER

$87,459.93

SEWER

$227,056.01

REFUSE

$119,012.16

LIBRARY

$24,003.00

JSTP-PHASE III

$77,304.74

VARPUR

$113,000.00

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0     

 

UNFINISHED BUSINESS                                                           

 

Trustee Balles inquired about a 5K road race being sponsored by the Johnson City Senior Center.

 

Mayor Lewis provided details and stated that the Police Department is working with the Senior

Center on the route.

 

NEW BUSINESS

 

RESOLUTION #113

 

Motion by Trustee King - seconded by Trustee Balles to consent to the Village Planning Board being Lead Agency on the State Environmental Quality Review (SEQR) requirements for a project at 90 Lester Avenue.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #114

 

Motion by Trustee King - seconded by Trustee Adams to schedule a Public Hearing for June 11, 2007 to consider a Special Permit at 750 Harry L. Drive.  

 

Board members polled                                                                       

Motion carried                                                                        Ayes 5  Nayes 0     

 

RESOLUTION #115

 

Motion by Trustee King - seconded by Trustee Adams to schedule a Public Hearing for June 11, 2007 to consider a Special Permit at 753 Harry L. Drive.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #116

 

Motion by Trustee Balles - seconded by Trustee King to authorize the Village Treasurer to make all budgetary adjustments to close all Village accounts for Fiscal Year Ending May 31, 2007.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #117

 

Motion by Trustee Balles - seconded by Trustee King to authorize the Mayor to execute a renewal agreement with Blue Cross/Blue Shield of Central New York (BC/BS of CNY) for health insurance benefits to eligible employees with a rate increase of 7.8% to be effective from

June 1, 2007 through May 31, 2008.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #118

 

Motion by Trustee King – seconded by Trustee Jones to approve Request-for-Modification

(RFM) 3C-0004 (revised) for Phase III – Contract 3C – HVAC with J&K Plumbing and Heating

for the flood related Equipment Repair/Replacement with a credit of ($14,444.95).

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #119

 

Motion by Trustee Adams – seconded by Trustee King to approve Request-for-Modification

(RFM) 5A-0006 for Phase III – Contract 5A – General with C.O. Falter Construction

for the installation of a 20 inch Flange Gate Valve at an additional cost of $9,949.78 with

reimbursement being submitted to FEMA/SEMO.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #120

 

Motion by Trustee King – seconded by Trustee Balles to approve Request-for-Modification

(RFM) 4D-0003 for Phase III – Contract 4D – Plumbing with James L. Lewis for extra electrical

work associated with the Flood related Equipment Repair/Replacement with a credit of

($17,753.07).

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #121

 

Motion by Trustee Adams – seconded by Trustee Jones to approve Request-for-Modification

(RFM) 5A-0004 (revised) for Phase III – Contract 5A – General with C.O. Falter Construction

for a By-Pass Pumping and a Wet Tap at the Terminal Pump Station Pumps at an additional cost

of $10,075.12 with reimbursement being submitted to FEMA/SEMO.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #122

 

Motion by Trustee Balles – seconded by Trustee Jones to approve Request-for-Modification

(RFM) 3A-0046 for Phase III – Contract 3A – General with C.O. Falter Construction

for the removal of a 24-inch Blind Flange at an additional cost of $1,057.68.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #123

 

Motion by Trustee Balles – seconded by Trustee Jones to close Willboro Alley on July 8, 2007 in

order for Giblin’s to utilize space for outdoor cooking as a result of their annual Golf Outing.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #124

 

Motion by Trustee Balles – seconded by Trustee Jones to ratify the Collective Bargaining

Agreement between the Village of Johnson City and the Administrative Support Group through

May 31, 2008 as presented by the negotiating team.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #125

 

Motion by Trustee Balles - seconded by Trustee Jones to support the production of the C-17 Aircraft by Boeing with BAE in Westover playing an integral part of that production line.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0       

 

RESOLUTION #126

 

Motion by Trustee King – seconded by Trustee Adams to approve the request from K.Y.D.S

Coalition to utilize CFJ Park on August 23, 2007 from 5:30PM to 7:30PM with no park use fee.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

RESOLUTION #127

 

Motion by Trustee King – seconded by Trustee Adams to approve the request from YES! Fest to

utilize Northside Park on July 24, 2007 from 11:00AM to 5:30PM with all expenses being paid

by YES! Fest.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #128

 

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

Construction Services and Inspection Agreement with Bergmann Associates for the Harry L.

Drive Project (Giant Plaza to Oakdale Road).

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #129

 

Motion by Trustee King – seconded by Trustee Balles to approve a Lease Extension with HSBC

Bank at 243 Main Street through May 31, 2008 with notification of non-renewal due by

December 31, 2007.

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0

 

   PRIVILEGE OF THE FLOOR                                            

 

Trustee Jones read a prepared statement.

 

Nearly two years ago as I pondered a campaign to run for Trustee, I determined that the best thing I could do for the residents of this Village was to spearhead a drive to help make Johnson City a unique place to live, work and shop and be entertained, a place where people from miles around would want to come to spend their discretionary time and money.  A strategy that when completed would tend to lower the tax rate for all residents.  I felt the best way to achieve this was to build upon the unique history, architecture and the 20th century industrial democracy legacy that  George F. Johnson had left us with.

 

I began with a campaign to save the Fountains Pavilion and to retrofit it as a community and entertainment center once again.  The building continued to deteriorate as I fought for months to have the entire property deeded over to a not-for-profit that would restore it, own and run it.  Marc Newman of Newman Development, the presumed owner of the property, said no.  He indicated to me that he needed to get a substantial amount of money for it.

 

From there I moved on to putting together a coalition of Johnson City business owners, concerned citizens and other local volunteer organizations.  Trustee Bruce King joined with us and became a primary mover in getting the Johnson City Partnership up and running.  Other organizations that have joined our cause are;  The Goodwill Theater Project, Spool Mfg.,  The Johnson City Senior Center, Sara Jane Johnson Church, M&T Bank and the Knights of Columbus.

 

Our focus began as a way to revitalize downtown and to protect the businesses already there.  Our mission continues to be to foster the development all JC businesses but specifically to promote the rebirth of downtown and to turn it into a showpiece Upstate Village destination.

 

As a governing municipal board we will soon be discussing the wisdom of permitting an international retail giant onto the property that once housed this locally owned entertainment complex adjacent to the historic CFJ Park and which nearly borders the very downtown we are trying to save.

 

My fear is that we will now succumb to the sirens of the greenback, that we will see this entry of Wal-Mart into our Village as a quick fix for our tax base problem.  But the long term implications of a yes vote for all of us is huge.  How soon do you think it will be before Newman or another developer wants to buy CFJ Park and turn it into a shopping center?  When will the bulldozers be called in to level what we know now as downtown?

 

Aside from the negatives that most of us already know which a Wal-Mart brings into a retail market, driving smaller competitors out, sucking up all the retail dollars, employing a lot of part timers and sending our hard earned wages to Bentonville, Arkansas instead of back into the local community; their entry into our community so close to our historic downtown will put a death grip on downtown that will be even more difficult, if not impossible to overcome.

 

As we move forward on this vote I implore you to think long and hard about what the right thing to do is for the future of our village.  I know which way I will vote.

 

Trustee Balles asked about summer employment.

 

Director of Public Service Bennett provided details.

 

Trustee Balles mentioned high grass on the corner of Fairview Street and Richard Street.

 

Trustee Jones mentioned high grass on a property on Greenridge Street.

 

Marty Meaney – 41 Weymouth Lane – Inquired about how the Village ended the fiscal year financially.

 

The Clerk/Treasurer provided details.

 

Marty Meaney inquired about the collective bargaining agreement for the Administrative Support Group.

 

Mayor Lewis provided details.

 

Marty Meaney asked if the Police Department could monitor Reynolds Road and vehicles changing lanes near Fairview Street.

 

   ADJOURNMENT

 

   The meeting was adjourned at 8:45P.M.

 

   _____________________________________

   Thomas R. Augostini, Village Clerk/Treasurer