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 September 18, 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                             

 

1.   The Mayor mentioned that Coughlin and Gerhart would be having a Labor Law meeting that

       will be held on October 16th 2007 from 8:30AM to 12:30PM.

 

2.  This Saturday September 22, 2007 the JC Partners will be having a Fall Festival at the Senior

      Center from 11:00AM to 3:00PM. There will be a presentation from the Johnson City

       marching band 

 

BOARD MINUTES

 

Motion by Trustee Balles - seconded by Trustee Jones to accept and place on file the Work Session and Regular Meeting of  September 4, 2007. 

 

Motion Carried                                                                          Ayes 5  Nayes 0         

 

BID OPENINGS

 

                                                           

PUBLIC HEARINGS

 

Mayor Lewis opened the public hearing for

 

AMENDMENT TO RULES AND REGULATIONS

RELATING TO USE OF THE BINGHAMTON-JOHNSON CITY

JOINT SEWAGE TREATMENT PLANT

 

Pursuant to the authority granted to the Binghamton-Johnson City Sewage Board in Plant Law

 S4.05, and after having complied with the provisions of Plant Law 4.05, the Rules and Regulations relating to use of the Binghamton-Johnson City Joint Sewage Treatment Plant are hereby amended as follows:

 

1. Section 5.07 of the Rules and Regulations is amended as follows:

 

         S5.07 RESTRICTED DISCHARGES

 

         No person shall discharge directly or indirectly into the POTW wastewater containing any of the following substances in concentrations exceeding those specified below. Concentration limits are applicable to wastewater effluent at a point just prior to discharge into the POTW.

 

                                                                                    ALLOWABLE DAILY

                                                                                     AVERAGE EFFLUENT

                                                SUBSTANCE                                        CONCENTRATION LIMIT (mg/L)

 

                                                Cadmium                                                                     0.3

                                                Chromium (total)                                                         4.0

                                                Copper                                                                           1.0

                                            Lead                                                                                 1.5

                                                Nickel                                                                             2.5

                                                Zinc                                                                                8.0

                                              Mercury                                                                          0.001

 

____________

 

            1   All concentrations listed for metallic substances shall be as “total; metal” which shall be defined as the value measured in a sample acidified to a pH value of less than 2 without prior filtration.

            2   As determined by a composite sample taken of the User’s daily discharge over the operational and/or production period.  Composite samples must consist of grab samples collected at intervals of at least one per hour.

 

 

2.         Section 6.16 of the Rules and Regulations is amended as follows:

 

            S6.16 FEDERAL AND STATE EFFLUENT LIMITATIONS

 

                      Effluent limitations promulgated by the Federal Act and New York State Department of Environmental Conservation shall apply in any instance where they are more stringent than limitations in this law.  Users in industrial categories subject to effluent guidelines issued under Section 304 of the Federal Act and discharging pollutants into the POTW shall achieve the level of treatment established by the applicable federal and sate regulations.  Nothing in these Rules and Regulations shall be construed to relieve any Industrial User from its obligation to comply with the pretreatment standards established pursuant to Section 307 of the Federal Act or any applicable regulation or provision of state law.

 

3.         Article 5 of the Rules and Regulations is amended to add the following provision:

 

S5.08  STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY 

           AND DENTAL AMALGUM WASTES AT DENTAL FACILITIES

 

            Dental Facilities as the term is defined in 6 NYCRR subpart 374-4 shall comply with the provisions of 6 NYCRR subpart 374-4.

 

 

There being no one wishing to speak, Mayor Lewis closed the public hearing.

 

Motion by Trustee King – seconded by trustee Jones to Amending the Rules & Regulations relating to the use of the Binghamton-Johnson City Joint Sewage Treatment Plant.

 

Board members polled

Motion carried                                                                           Ayes 5    Nayes 0

 

PETITIONS RECEIVED

 

NONE

 

PRIVILEGE OF THE FLOOR – VISITORS                

 

Carolyn Laskoski – 37 Edward Street – Stated that there is a smell coming from the Sewage Treatment Plant.  This started around Labor Day, off and on, but has been consistent for well

 over a week.  She feels that it is because the Binghamton University students have returned.  

 

Mayor Lewis stated that he would discuss this with Robert Bennett, Superintendant of Public Works and/or the plant superintendent at the JSTP to see what is going on.  He also stated that

 the systems are currently switching over to the new processes and increasing the flow to the new BAF system.

 

Leo Meaney – 35 Greenridge Street – stated that the Town of Union taking the Parks over would be a bad idea.  When the Town of Union took over the Library, we ended up with an extra tax.  The Village should hold on to the Parks and let the Town of Union stay where they are.

 

Julie Deemie – 153 Zoa Avenue – Gave the Mayor and Trustees an excerpt from an article that appeared in an article in the Press and Sun-Bulletin on March 10, 2004 regarding the 90 Lester Avenue property.  The author of this article felt that this location was a prominent spot for development and a Gateway to the community.  She went on to state some of the history of the area and how the owners of Endicott Johnson built much of our areas community.  George F. Johnson purchased the CFJ carousel, provided jobs, built hospitals, churches, parks, pools, industry, etc.  She stated that her personal vision for this site would be to put an industrial museum combined with a conference center.  This would preserve the image and history of the area while attracting tourists.  She asked that the Mayor and the Board not sell Johnson City short by putting a Wal-mart on this site.

 

Dennis Hannon – 189 N. Broad Street – Asked if the Parks issue is a closed issue.

 

Mayor Lewis – stated that the parks issue will be discussed later during the committee part of the meeting.  That the recreation committee had done a study but that there was not going to be a vote at this time. 

 

Dennis Hannon – 189 N. Broad Street – Stated that it would be bad to turn the parks over to the Town of Union.  He feels that we should maintain our own parks.  He asked if the residents paid for the cost of the Master Plan that was done in 2004 and if the board has done anything to implement that plan? He commended the board for making the decision to maintain the parks. He feels that if the Town of Union wants to help us out, then they could help us out with Grants. 

 

Mayor Lewis provided answers to his questions.  He provided details regarding several projects that have been completed due to CDBG monies for the parks at CFJ, Baker St. and in process at Floral Avenue Park.    He stated that there are a few grants in the works now for replacing the carousel building, and more for Floral Avenue for replacing the fencing.

 

Dennis Hannon – 189 N. Broad Street – Stated that as part of the Master plan, safety was an issue, and wondered if the kids at risk?  He also stated that park attendants were removed from the budget, and wondered if this will contribute to a safety issue.

 

Mayor Lewis stated that the removal of that line item is very deceiving.  He said that park attendants used to be 15 or 16 year olds but the position has now been restructured to be someone older that can mow, trim, and do other duties in addition to park attendants.  

 

Dennis Hannon – 189 N. Broad Street - Stated that possibly next year park attendants should have some sort of proper training, and not double as maintenance so as to keep the children safe.

 

Monica Silas – 136 N. Broad Street – Asked for clarification on the Wal-mart project regarding the site being a Brownfield site and a tax credit for clean-up.  She asked if Brownfields and the Empire Zone are two different things.   

 

Mayor Lewis provided details to her questions and stated that Newman received a credit for clean-up of the site for cleaning up for the Press Building as well as for any other future development there.   He also stated that Brownsfield and the Empire Zone are two different things and that they are eligible to receive some tax credits for the number of jobs they create, but have chosen not to have property tax credits, so all property tax will be assessed as if it where outside the empire zone and will be assessed right to them from day one.

 

Dennis Hannon – 189 N. Broad Street – Asked if there are still wells on the 90 Lester Avenue site that are existing and wanted to know if there was well contamination.  He also asked who’s responsibility it would be for any clean-up?

 

Mayor Lewis provided information regarding the wells.  He stated that the wells have been capped off.  He also stated that the Village had CFJ park checked by DEC.  Any and all clean-up must be done according to DEC requirements at the expense of the owner. 

 

Mayor Lewis closed this portion of the privilege of the floor.

 

COMMUNICATIONS

 

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

 

JCSD – Reg. Mtg: August 28, 2007

Town of Union – Reg. Mtg: September 5, 2007

Village of Endicott – Reg. Mtg: July 9 and 30, August 13 and 27, 2007

Liquor License – Red’s Kettle Inn, 91-93 CFJ Blvd. (Renewal)

 

Motion carried                                                                           Ayes 5  Nayes 0      

 

 

COMMITTEE REPORTS        

 

Mayor Lewis stated that the parks committee had been at several meeting with the Town of Union.

 

Trustee Balles presented the Recreation Committee report regarding the JC Parks O&M Consolidation Plan with the TOU for 2007-2008.   He thanked the Town of Union Supervisor, John Bernardo and his staff/committee in working with the Village of Johnson City through numerous meeting to discuss parks district/consolidation plan of merging the operations of parks into the Town of Union.  He also thanked Bob Bennett, and our legal counsel for all their hard work and time in reviewing and discussing this consolidation plan.  The committee report provided insight into the areas that were reviewed and the findings of the committee as well as options for the Village of Johnson City Board to consider.   Based on board concensus we have chosen option D of the “JC  Board Options” –  (C) that the Village maintain responsibility for operating, maintaining and capital improvements of Village parks, (D)  in conjunction with C the Village will consider updating and implementing certain portions of Village Park Study  that was completed in 2004.

Trustee King spoke regarding his involvement in the process of the consolidation negotiations with the Town of Union.   We met as far back in 2005 as I can remember.  In early 2006 we asked the Town of Union to put together a plan for us.   The bottom line is, if we go with them with no additional debt to operate and maintain our parks it will cost the Village residents an additional $3.70 per $1000 of assessed value to have them run our parks.  My recommendation was C&D.  Trustee King and Trustee Balles are putting together a plan and they intend to bring together the parks department and planning and facilitate the Parks study as it was done in the 2004 Master Plan.  We need to do it in a timely fashion.  The parks need to become a priority. 

Trustee King asked that this issue be opened to the floor now instead of waiting.

Trustee Jones wanted to go on record as originally supporting consolidating the parks with the Town of Union, but after looking at everything, if this board will commit money and human resources to our parks department, then I will support the Village keeping them.  He feels that Schools, parks and  down towns are the face and heart of all small communities like Johnson City and we need to take care of  those three things.  The schools are outstanding and draw a lot of people, the down town is not and that needs attention and the parks need attention as well.    If we can devote the time, energy and monies I would also be in favor of rejecting the Town of Union proposal and having the Village run their own parks.    

Mayor Lewis stated that he will get with Town of Union Supervisor, John Bernardo and let him know of the Village’s decision.

 

DEPARTMENTS REPORTS              

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Balles - seconded by Trustee Adams that Abstract #5 for the Fiscal Year

2007-08, having been audited by the board and approved, be ordered paid as follows:

 

 

GENERAL

$141,015.18

WATER

$18,333.11

SEWER

$88,238.59

REFUSE

$27,878.29

LIBRARY

$11,121.79

JSTP-PHASE III

$2,000.00

OVERBROOK

$75.00

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0  

 

UNFINISHED BUSINESS                                                    None

 

 

NEW BUSINESS

 

RESOLUTION #182

 

Motion by Trustee Balles - seconded by Trustee Jones to authorize the Mayor to sign the service agreement with ASR Systems for Lektriever in the Clerk’s Office for $1,080.75.  

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0     

 

RESOLUTION #183

 

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

4AGeneral with Pinnacle Construction for the Installation of Pressure Transducer Gas Take Offs

with an additional cost of $2,106.52.

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #184

 

Motion by Trustee Balles – seconded by Trustee Jones to authorize the transfer of $1,600.00 into

A5010.4 for additional clothing allowance due to Flood of 2006.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

        

 

RESOLUTION #185

 

Motion by Trustee Adams – seconded by Trustee King to authorize the transfer of $400.00 into

A7140.4 for additional clothing allowance due to Flood of 2006.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #186

 

Motion by Trustee King – seconded by Trustee Adams to authorize the transfer of $1,200.00 into

G8120.4 for additional clothing allowance due to Flood of 2006.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

 

RESOLUTION #187

 

Motion by Trustee King – seconded by Trustee Adams to authorize the transfer of $2,400.00 into

EM8160.4 for additional clothing allowance due to Flood of 2006.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

 

RESOLUTION #188

 

Motion by Trustee Jones – seconded by Trustee Balles to authorize the Mayor to sign

Engineering Agreement with C&S Engineers for $64,500.00 for the design of a new water tank

with costs being shared between the Village, the Town of Union and Southerly Hills

Development.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #189

 

Motion by Trustee Balles – seconded by Trustee King  for the Village Clerk’s office to

issue a Parade permit to authorize the Johnson City Central School District to hold its

annual high school homecoming parade to be held on September 29, 2007 at  12:00 pm.  The

line-up will begin at 11:30am on the corner of Avenue A and Helen Drive, proceed down

Main St.to Arch St., to N Broad to Carlton ending at Greensfield Park in the football stadium.

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #190

 

Motion by Trustee Balles – seconded by Trustee King to authorize the mayor to send a letter to

the Town of Union in support of its application to the Restoring NY Communities initiative Municipal Grant Program.  Whereas, the building at 46 Corliss Avenue is a blighting condition on the neighborhood; whereas the demolition of the building will enhance the neighborhood.

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

 

RESOLUTION #191

 

Motion by Trustee Adams – seconded by Trustee Balles to authorize $300.00 for printing in the

pocket map with the JC Partners.

 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

 

Mayor Lewis regretfully accepted the resignation of part-time personnel, Tonya Manzer with-in

the Police Department.  Chief Potts is looking for another part-time person to help with those

reports and will be back with the name as soon as that has been determined.

 

PRIVILEGE OF THE FLOOR                                                 

 

Leo Meaney – 35 Greenridge Street – stated that you don’t see as many kids in the parks as you used to; however there is still a lot of traffic up and down Main Street.  He feels that more should be put into attracting to Main Street the center of the Village instead of worrying so much about the parks.  He asked Trustee Jones regarding his commitment to the parks.

 

Trustee Jones stated that early on, he was in favor of the Town of Union taking over the parks, but now with a renewed commitment of money and resources to the parks by the village board he would go along with the concensus that Trustee Balles spoke of to keep the parks in the Village.

 

Leon Meaney – 35 Greenridge Street – stated that within the village there is a lot of stuff overgrown and places where old cars are parked and haven’t been moved.  He wanted to know if anything could be done regarding these things.

 

David Kellam – 42 Nassau Street -  Thanked code enforcement that they took care of a problem that he had reported on 77 Carlton Street regarding a car that was not covered, that is now covered.  He asked if code could look at a problem between 6 and 8 North Street as the height of the grass is high. 

 

Mayor Lewis stated that he would pass on the information to code enforcement.

 

David Kellam – 42 Nassau Street – Asked if people have the right to bring garbage to a property within the Village that they own, that they do not live at. 

 

Mayor Lewis stated that the answer is no.  According to code you are not allowed to bring garbage into the village.

 

David Kellam – 42 Nassau Street -  presented a letter to the board and Mayor Lewis.  Asked regarding the Lester Avenue, Service Road light under the bridge.  He asked if you could call and expedite getting this light fixed. 

 

Mayor Lewis stated that he had spoken with NYSEG and that the light had worked for one night after they had worked all day on it.  He also stated that he will be calling to address the issue and follow-up on it.

 

David Kellam – 42 Nassau Street – stated that the Village has a tire collection day.  He thought an idea would be to have a promote community spirit day, in which the day could be used to clean-up the parks.  He asked what resolutions #184-187 where for.

 

Mayor Lewis provided details regarding the resolutions.

 

David Kellam-42 Nassau Street – Asked what action the board was going to take regarding the petition he proposed at the September 4, 2007 meeting.

 

Beth Westfall – the Village Attorney – recommended to the board that they not take action regarding this petition that was submitted as it was a private matter between Mr. Kellam and his neighbors.

 

Mayor Lewis stated that the petition and the letter is between Mr. Kellam and his neighbors.

 

Julie Deemie -  153 Zoa Avenue – Asked for an explanation of resolution #188.

 

Mayor Lewis provided details.

 

Monica Silas - 136 N. Broad Street – Expressed concerns that if the Town of Union took over the parks we could not legally extricate from them.  She asked if anyone else was looking for addional monies for grants and funding.

 

Mayor Lewis provided details and stated that the Village Planner, Dee Golazeski is always looking for grant monies.  The Village as a whole applies for everything that we possibly can to assist in these areas.

 

Carolyn Laskoski – 37 Edwards Street – She stated that she supported Wal-mart coming.  She also stated that she didn’t think the idea of the museum and conference center would work for that area, because in order for that to happen, you have to have hotels near-by.  She stated that you would need more things within walking distance of a museum.

 

Ann Davis – 63 St. Charles Street – Stated that there are a lot of old EJ building around.  She stated that they are in horrible condition and wondered if there isn’t a way to make the owners take care of these properties.  She wanted to know if something couldn’t be done about some of these buildings.  She stated that some of the properties look like war zones.

 

Mayor Lewis provided details regarding some of the properties around Johnson City.  He stated that the Village is gaining on some of the buildings to get them taken care of.  He also provided details regarding the restore NY monies that will help.

Craig Deemie – 153 Zoa Avenue – Stated that it is a good idea to get organizations involved in the parks and that it could be helpful.

 

Mayor Lewis mentioned several organizations that currently do that type of thing to help beautify the parks and different corner lots of Johnson City.

 

Dennis Hannon – 189 N. Broad St. – Thanked the board for the correct decision regarding the parks.  He asked regarding court room security. He also asked regarding Federal Law HR218, if the village would consider allowing it.

 

Mayor Lewis stated that there is a bailiff on duty when there is a trial, and that the police are down stairs and around as needed.  He stated that the safety of personnel is always an issue, not just at the court, but through-out the village.

 

 Dennis Hannon – 189 N. Broad St. – provided details on what the HR218 law is.  That is was in the wake of 9/11.  That retired police officers could be certified to carry handguns.  He stated that retirees could be certified on the pistol range along with officers on the pistol range.  He asked if the board would consider a resolution for this.

 

Mayor Lewis stated that it would be something that would need to be discussed within the board and with attorneys as to what the liabilities would be

 

Mayor Lewis stated that Darren Hannon graduated from the FBI academy last week.

 

Mayor Lewis read a thank you letter from Thomas Taber and Tony Bidwell regarding an

incident in which he required assistance; they were amazed at the professionalism and

quickness of  the EMS personnel and police officers on the scene.

 

ADJOURNMENT

 

The meeting was adjourned at 9:10P.M.

 

 

_____________________________________

Cindy Kennerup, Deputy Clerk