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 August 14, 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

Time Warner Cable has indicated that the Home Shopping Network (HSN) will move from Channel 78 to Channel 69, effective August 1, 2007.

The Mayor stated that there will be a free concert at Northside Park by the Mason Warrington Band on Sunday, August 19, 2007 starting at 6:30PM.

BOARD MINUTES

Motion by Trustee Adams - seconded by Trustee King to accept and place on file the Work Session and Regular Meeting of July 17, 2007 and the Special Meeting of July 23, 2007.

Motion Carried Ayes 5 Nayes 0

BID OPENINGS

Request-for-Proposals (RFPs) were submitted by June 29, 2007 at 4:00PM for the Village’s 457 Deferred Compensation Plan.

Provider

Mutual of America

Nationwide Retirement Solutions

The Hartford

Security Benefit

RESOLUTION #163

Motion by Trustee King – seconded by Trustee Jones to accept and award the Proposal from Mutual of America as Administrator for the Village of Johnson City’s 457 Deferred Compensation Plan, effective October 1, 2007 through September 30, 2010.

Board members polled

Motion carried Ayes 5 Nayes 0

PUBLIC HEARINGS

Mayor Lewis opened the Public Hearing to consider Local Law No. 5 of 2007 regarding illicit discharges in the sewer system.

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

RESOLUTION #163A

Motion by Trustee Jones – seconded by Trustee Balles to adopt Local Law No. 5 of 2007 which would add Chapter 233 to the Village code that would Prohibits Illicit Discharges, Activities and Connections to Separate Storm Sewer System (Detail on File).

Board members polled

Motion carried Ayes 5 Nayes 0

Mayor Lewis opened the Public Hearing to consider a Special Permit at 90 Lester Avenue to allow for Retail Sales in an Industrial Zone.

Gary Olin – Bergmann Associates (Representing Stella Ireland Road Associates) – Provided detailed drawings on the proposed development site. He stated that his client is applying for a variance and requesting retail use in an industrial zone. He added that there is potential for two additional retail establishments such as a bank and/or restaurant which has yet to be identified. He stated that the proposed site is going to hook into existing water, sanitary and storm sewer lines. Mr. Olin also stated that a fence will be constructed to buffer the proposed development site from surrounding properties and there will be landscaping done in various areas on the development site. He added that additional environmental information will be provided to the Planning Board per their request.

Peggy Benz – 30 Carhart Avenue – Inquired about a traffic study being done.

Village Attorney Westfall stated that the applicant has submitted a traffic study to the Planning Board and that the Planning Board has requested comments from the New York State Department of Transportation (NYSDOT) and the Binghamton Metropolitan Traffic Study (BMTS).

Richard Diglianowitz – 56 Crocker Avenue – Asked why a decision needs to be made tonight.

Mayor Lewis stated that the Public Hearing is being held tonight but a vote will not be taken tonight because the Planning Board has not taken action. The Planning Board is seeking additional information before it makes a decision.

Suzanne Beckley – 42 Myrtle Avenue – Feels that any project that adds to the tax base should be considered. She knows that traffic information needs to be gathered but feels the Wal-Mart project would be an asset and a positive development for the Village.

Mary Mineno – 9 Rogers Street – She stated that regional business in Johnson City is a good idea. She feels that the property owners in Vestal should be surveyed to determine if they feel their property values have increased. She feels this project is bad for the neighboring park because this continues a trend of destroying the Johnson legacy.

Ellen Coyne – 1296 Rhodes Road – Does not feel Airport Road can adequately handle the increased traffic that will accompany this project. She stated that the representative from Bergmann Associates communicated at the Planning Board meeting that this area will see an additional 200 cars per hour. She travels this road frequently and it is already overcrowded.

David Alamo – 240 Main Street – Feels that Wal-Mart has not been good for communities across the United States and the proposed Wal-Mart is Johnson City will hurt downtown Johnson City. He asked the Trustees to answer the question of whether Wal-Mart will be good for Johnson City and then to vote your conscience.

John Engler – 260 Main Street, Apt. 5 – Read a resolution from a recent labor union convention in which the union asked its members to not shop at Wal-Mart because of Wal-Mart’s anti-union activities.

Wanda Black – 39 Peterson Street – Asked if Wal-Mart is receiving any special deals as part of this project. She asked who pays for the traffic studies and any improvements to the area.

Mayor Lewis stated that the Village has not received any requests to consider any special deals related to the project. He added that the developer will bear the cost of any traffic study and any improvements made to the area affecting the development.

Attorney Westfall stated that the property is located within a New York State designated Empire Zone so any benefits granted would be through the State of New York.

Wanda Black – 39 Peterson Street – Stated that Wal-Mart stores across the country close everyday and what would happen if this proposed Wal-Mart eventually closed.

Mayor Lewis stated that the property owner is still responsible for paying the appropriate taxes and maintaining the property. He added that the risk of businesses closing exist beyond

Wal-Mart and are a reality everyday.

Andrew Thompson – 14 Main Street – Asked if the Board has done any study related to crime rates related to Wal-Mart stores. He stated that studies have shown that crime rates have increased in communities where Wal-Mart stores operate.

Michelle Moelder – 214 Main Street – Stated that the cost of increased crime in the parking lot will take away from any property tax benefit that will result from the Wal-Mart project.

Mayor Lewis asked Mr. Thompson if he could provide him with a copy of the study that he just mentioned.

Dennis Hannon – 189 N. Broad Street – Asked if an impact study has been done or is being considered to determine if the Police Department or Fire Department will need additional personnel to handle any increased calls that Wal-Mart might contribute. He added that because it will be a 24-hour operation, responses will most likely increase for the public safety departments. He added that there are lots of issues to examine because even though the project will add property tax dollars, the Village may spend more if it has to increase public safety personnel.

Leo Meaney – 35 Greenridge Street – Feels this is a great opportunity to bring a major investment into the Village of Johnson City. He stated that a business wants to bring jobs and add to the tax base and all the negativity illustrates a picture that Johnson City does not want business.

Mayor Lewis stated that the questions that Dennis Hannon has regarding the public safety departments is being considered and analyzed.

Dennis Hannon – 189 N. Broad Street – Feels that a police officer will need to be located around the clock to protect the children in CFJ Park.

Tim Colworth – Downs Avenue, Binghamton – Stated that Downs Avenue is already oversaturated with traffic. He applauded the Newman Development Group for cleaning-up a brownfield site, but feels this site is more suitable for light manufacturing.

Mayor Lewis stated that traffic study is all part of the information that is being requested from the developer.

Anne Mamary – 29 Cary Street, Binghamton – Stated that taxes have not gone down in Vestal and traffic has increased in Wal-Mart. She thought it would be wonderful if a company opened in Johnson City that made toys.

Ann Davis – 63 St. Charles Street – Asked if the Village tried to get other types of small businesses to locate on that site before Wal-Mart applied for the special permit. She feels crime will increase in that area with that type of business.

Mayor Lewis stated that the Village entertains any proposals that will locate businesses in the Village.

Suzanne Beckley – 42 Myrtle Avenue – Stated that people have been talking about the increase in crime that will occur if Wal-Mart opens and she thinks CFJ Park is a travesty already. She can not take her four year-old daughter to CFJ Park right now because she has already had a very negative experience. She feels it is totally false to blame Wal-Mart for increased crime when it’s a terrible area already. She feels that Wal-Mart can only improve the conditions around

Wal-Mart.

Rob Locker – 4 Myrtle Avenue – Grew up across from CFJ Park and feels that the area is still a good section of the Village but that the idea of a Wal-Mart in that location is not a good idea.

Karen Ryder – 26 Downs Avenue, Binghamton – Feels that the current streets will not be able to handle the increased traffic because the streets can not handle the traffic right now. She feels the side streets will see an increase because of the project. She asked the Village to seriously examine the traffic concerns.

Attorney Westfall stated that a traffic study is available at Village Hall for Ms. Ryder to examine and that the Planning Board will meet on August 28 to discuss the traffic study and the requested comments from BMTS and NYSDOT.

Bob Locker – 61 CFJ Blvd. – Chief of the Prospect Terrace Fire Company – Is not against the development of a Wal-Mart but has a concern about emergency calls that need to be responded to by his Fire Company. Feels the streets around the development site need to be seriously altered so that the flow of traffic is improved.

Mike Burger – 43 Market Street, Binghamton – Stated that the intersection near the proposed development site is extremely dangerous now and the current condition will only worsen with the opening of a Wal-Mart. Asked about trucks entering the site.

Gary Olin – Bergmann Associates – Stated that Lake Avenue will be closed off and that major deliveries will be made from NYS Route 17 to CFJ Blvd. and this will minimize traffic on side streets. Stated that the traffic study has reviewed 17 intersections and modifications have been recommended.

Gary Motsavage – 14 Market Street, Binghamton – Urged the Village to examine traffic issues and drainage issues. He is not against the proposed development, but feels traffic and drainage issues are critical issues to look at during the approval process.

Dick Paden – 312 Riverside Drive – Asked the Village Board to conduct research regarding

Wal-Mart.

Mike Tugwell – 127 Greenridge Street – Asked the Village to allow retail in an industrial zone because this property is appropriate for retail sales. He stated that the property is vacant and there is good that comes from vacant properties. He stated that the issues that need to be examined are traffic concerns, drainage issues and environmental effects. If those issues can be addressed, then Wal-Mart or anybody should be able to conduct retail sales on that property. He stated that Wal-Mart will increase traffic and increase sales for other businesses.

Ann Davis – 63 St. Charles Street – Asked if Wal-Mart will turn into a Boscov’s situation.

Mayor Lewis stated that Boscov’s is under a Payment-In-Lieu-Of-Taxes (PILOT) agreement with the City of Binghamton and that is not the case between the Village and Wal-Mart.

Ron Ruffo – 21 Market Street, Binghamton – Expressed concerns with the drainage plans for the proposed development. His concern is that the existing infrastructure can not handle the current flow and any directed flow from the development will only worsen the problem.

Gary Olin – Bergmann Associates – Explained the flow of stormwater from where it is gathered on the property and how the flow gets into the system. He stated that the stormwater study has been submitted to all the necessary officials for their review.

John Kolly – 39 Market Street, Binghamton (Town of Dickinson Planning Board) – Requested a copy of the drainage report.

Darlene Hinkley – 56 Crocker Avenue – Asked if the Village could allow retail in an industrial zone but not Wal-Mart as the retailer.

Mayor Lewis stated that Stella Ireland Road Associates is the applicant with the proposal of developing a Wal-Mart store so that if the Village Board approves the application then it would be approving Wal-Mart.

David Alamo – 240 Main Street – Asked about the process leading up to a vote.

Attorney Westfall stated that the Village Board is waiting for a recommendation from the Planning Board. Once that recommendation is received then the Village Board can go forward with a decision. She stated that the Village Board will continue this public hearing at the next regular meeting of September 4, 2007.

Wanda Black – 39 Peterson Street – Asked if retail can be allowed but on a smaller scale.

Attorney Westfall stated that the application must be reviewed and then acted on based on the application.

Andrew Thompson – 14 Main Street – Asked if the traffic study considered air quality.

Gary Olin – Bergmann Associates – Stated that emissions were not part of the traffic study but could be if the Planning Board felt it was necessary and requested it. Mr. Olin stated that peak times and volume are the main components of the traffic study.

Sarah Dirks – 435 Main Street – Asked if the Village is considering as part of their studies whether the business will hire skilled or unskilled workers and how this affects the area.

Mayor Lewis stated that worker qualifications would have to be addressed to the business owner because that is out of the scope of the Village to consider.

Sarah Dirks – 435 Main Street – Asked if the Village is going to interview local businesses to determine if local businesses will lose workers to Wal-Mart.

Mayor Lewis stated that the Village would not be doing this.

Art Fernan – 110 New York Avenue – Stated that plusses and minuses exist as to whether Wal-Mart is a good or bad idea. He stated that Endicott Johnson Corporation is not coming back and IBM is not coming back. He has no interest in whether Wal-Mart is allowed or not allowed but feels the Village should communicate to the public the information that it gathered in order to make the decision of whether to allow Wal-Mart or not.

David Alamo – 240 Main Street – He feels that the Village needs to be concerned about the Wal-Mart impact, especially on local businesses before it makes a decision.

Leo Meaney – 35 Greenridge Street – He stated that businesses, especially new business investments, should be encouraged and this project should be approved because it is going to improve the area around it.

Michael May – 176 N. Broad Street – Feels that the project is much better than the current situation and condition of the property.

David Silvanic – 54 Stacey Drive – Stated that the Village has a chance to do something positive and good with an old industrial site that is vacant and the Village should take advantage.

Darren Herman – 60 Virginia Avenue – Stated that nothing exists on the property and this is a good project that will hopefully spur other development in that area.

Dennis Hannon – 189 N. Broad Street – Stated that many comments have been made regarding traffic. He asked if additional areas will be examined.

Mayor Lewis stated that 17 major intersections have been examined and that the Village take comments from the NYSDOT and BMTS regarding the project’s impact on traffic.

Dennis Hannon – 189 N. Broad Street – Stated that the Oakdale Mall did not produce all the positive impacts that were discussed when that project was being proposed back in the 1970s.

Mike Marinaccio – Town of Dickinson Supervisor – Stated that he is attending tonight’s meeting because of his interest of the traffic impact to the Town of Dickinson. He also stated that Wal-Mart is much better than the current situation and added that he has had positive experiences while working with the developers on projects on Upper Front Street near Broome Community College.

Mayor Lewis stated that the Public Hearing is suspended and will resume at the next Regular Meeting of the Board which is September 4, 2007.

PETITIONS RECEIVED None

PRIVILEGE OF THE FLOOR – VISITORS

Frank Dohnalek – 913 Reynolds Road – Thanked the Village Board for their work on Overbrook Road and added that the improvements are terrific.

Trustee Balles stated that he received a phone call about trucks going behind San Marco Drive and dumping and asked if Code Enforcement could look into the matter.

COMMUNICATIONS

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

Town of Union – Reg. Mtg: August 8, 2007

Binghamton/JC JSB – Reg. Mtg: July 10, 2007

Liquor License – Delgado’s Café – 119 Harry L. Drive (Renewal)

Motion carried Ayes 5 Nayes 0

COMMITTEE REPORTS None

DEPARTMENTS REPORTS

Motion by Trustee King – seconded by Trustee Balles to accept and place on file the following Department Reports:

DPW	May, June, July 2007

Motion carried Ayes 5 Nayes 0

PAYROLL AND BILLS PRESENTED

Motion by Trustee Adams - seconded by Trustee Balles that Abstract #3 for the Fiscal Year 2007-08, having been audited by the board and approved, be ordered paid as follows:

GENERAL	$771,798.35
WATER	$77,039.68
SEWER	$11,164.79
REFUSE	$63,119.10
LIBRARY	$22,516.01
JSTP-PHASE III	$1,197,554.49

Board members polled

Motion carried Ayes 5 Nayes 0

UNFINISHED BUSINESS

Trustee Adams congratulated Recreation Director Chris Hinkey on a very successful summer

recreation program. He also requested that a thank-you letter be forwarded to the Johnson City

School District for allowing the Recreation Department to utilize the school’s gymnasium for the

baton’s program final show.

NEW BUSINESS

RESOLUTION #164

Motion by Trustee Balles - seconded by Trustee Adams to regretfully accept the resignation of Patrol Officer Robert Cahill, effective after his last day of work on September 2, 2007.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #165

Motion by Trustee Jones – seconded by Trustee Balles to authorize the advertisement to receive

bids for a bucket and boom the Bucket Truck that was approved in the 2007-2008 Village

Budget.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #166

Motion by Trustee King - seconded by Trustee Balles to approve the following:

WHEREAS, The Village Board of Trustees authorized the submittal of an application for the Restore NY Communities Initiative Municipal Grant Program; and

WHEREAS, The building at 46 Corliss Avenue is a blighting condition on the neighborhood; and

WHEREAS, The demolition of the building will enhance the neighborhood; and now therefore;

BE IT RESOLVED, that the Village of Johnson City Board of Trustees does hereby certify that the proposed project is consistent with the Broome County Plan and the Broome County Brownfield Opportunity Program in eliminating brownfield sites; the proposed cost is appropriate for this project; the proposed financing is appropriate to preserve existing jobs, promote economic development and will enhance the neighborhood.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #167

Motion by Trustee Balles – seconded by Trustee Jones to approve a Parade Permit to St.

James Church for their annual 5-K Run and 2.5-K Walk on October 21, 2007 starting at

2:00PM by starting on Main Street and continuing to Arch Street to Brocton Street and

then to Lester Avenue and repeating this route twice.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #168

Motion by Trustee Adams – seconded by Trustee Jones to authorize the Johnson City

Village Court to submit a grant for Court Equipment to the New York State Unified

Court System.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #169

Motion by Trustee Balles – seconded by Trustee Jones to approve RFM 6A-0005

Phase III – Contract 6A – General with Dudley Construction to provide and install a required 20”

Check Valve with an additional cost of $15,015.00 and submit to FEMA/SEMO for

reimbursement.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #170

Motion by Trustee Balles – seconded by Trustee Jones to approve RFM 1A-0005

Phase III – Contract 1A – General with IDI for Interest Payment in the amount of $3,858.00.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #171

Motion by Trustee King – seconded by Trustee Adams to approve RFM 6A-0003

Phase III – Contract 6A – General with Dudley Construction for the addition of Bonds and

Insurances with an additional cost of $16,475.00 and submit to FEMA/SEMO for

reimbursement.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #172

Motion by Trustee Adams – seconded by Trustee King to approve Supplemental Agreement

No. 1 with Delta Engineering for additional Engineering Work associated with the Arch Street

Bridge Project with an additional cost of $6,487.00.

Board members polled

Motion carried Ayes 5 Nayes 0

RESOLUTION #173

Motion by Trustee King – seconded by Trustee Adams to approve Change No. 2 with 21^st

Century Pools and Spas for additional plumbing work and supplies related to the Floral Avenue

Pool Liner Installation Project with an additional cost of $2,050.00

Board members polled

Motion carried Ayes 5 Nayes 0

PRIVILEGE OF THE FLOOR

Dennis Hannon – 189 N. Broad Street – Asked if the Police Committee conducted an exit interview to determine the reason(s) why the officer is leaving the Department.

Mayor Lewis stated that he conducted an exit interview but was not sure if any member of the Police Committee had conducted one.

Ann Davis – 63 St. Charles Street – Thanked the Mayor for all of his assistance in helping her with her problems on St. Charles Street.

Dennis Hannon – 189 N. Broad Street – Stated that it would be a good idea if the Chief of Police attended the Village Board meetings to help answer questions related to crime and traffic.

Gerry Kane – 188 Corliss Avenue – Noticed that the Allen Street underpass has not been cleaned lately and feels it should be cleaned because then some of the problems could be alleviated.

Ann Davis – 63 St. Charles Street – Asked if the underpass is really necessary.

Mayor Lewis stated that the railroad is willing to close off the underpass but quite a few people still utilize the underpass on a regular basis.

Mayor Lewis stated that the Village Board needed to go into Exeuctive Session to discuss collective bargaining issues under the Taylor Law.

ADJOURNMENT

The meeting was adjourned at 9:15P.M.

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer