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 4, 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 stated that Opening Games for Pee-Wee Football is September 8, 2007 at 12:00PM.  A dedication of the concession stand to Larry Zopp, Sr., who recently passed away, will take place as part of the opening ceremonies.  

 

BOARD MINUTES

 

Motion by Trustee Balles - seconded by Trustee Jones to accept and place on file the Work Session and Regular Meeting of August 14, 2007. 

 

Motion Carried                                                                          Ayes 5  Nayes 0          

 

BID OPENINGS                                             

 

Bids were received on August 27, 2007 for an Aerial Device and Utility Body.

 

Bidder

Bid

Burr Truck and Trailer

$41,042.00

 

RESOLUTION #174

 

Motion by Trustee King – seconded by Trustee Adams to accept and award the bid from Burr Truck and Trailer for an Aerial Device in the amount of $41,042.00.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0                                                          

PUBLIC HEARINGS

 

Mayor Lewis continued the Public Hearing from August 14, 2007 to consider a Special Permit for 90 Lester Avenue in order to sell Retail in an Industrial Zone

 

Mayor Lewis stated that the Village Board will not take any action because the Planning Board has not concluded its work.  The Planning Board will meet on September 10, 2007 at 7:30PM in the Courtroom to continue its review of the application.

 

Emerson Chandler – 276 Endwell Street – Stated that questions regarding the stress this will place on the public safety departments need to be addressed.

 

Mayor Lewis stated that this concern is addressed with all projects and areas affected by those projects.

 

Police Chief Potts provided details from the Vestal Police Department and the calls they receive related to the Wal-Mart in Vestal.  He stated that his department will not need additional resources or personnel to handle the potential calls for services.

 

Chuck Hemingway – Local Carpenters’ Union, Market Street, - Asked that Wal-Mart consider utilizing local unionized labor on this project.  He provided a letter from Wal-Mart to a local carpenters’ union in New Jersey stating that Wal-Mart would use unionized labor on the projects in that area and would do so under a five-year commitment.

 

Stephen Belo – 232 N. Hudson Street – Stated that the Village needs this project so that the property tax base can be expanded.  He added that Wilson Hospital continues to take properties off the tax roll and this project would reverse that trend.  He also stated that people needs jobs, especially young people, and this project would provide jobs to people who really need them.

 

Janice Muehlbauer – 102 Martin Avenue – She stated that she is in favor of the project.  She feels that the Johnson City area needs this type of development because this project would be a catalyst for other development and bring more people to Main Street.

 

Monica Silas – 136 N. Broad Street – Asked if the Village is offering property tax incentives to bring the project into the Village.  She feels that this project will put the downtown businesses in jeopardy.  She also asked if the drainage issues have been addressed.

 

Mayor Lewis stated that the Village is not offering any tax breaks or incentives.  He added that the drainage issues are being addressed.

 

Suzanne Beckley – 42 Myrtle Avenue – Feels that this project would have a very positive impact on the aging population in Johnson City because the prices at Wal-Mart are very beneficial and the store would be closer.  She feels that the Wal-Mart project would enhance other businesses, especially specialty store in downtown Johnson City.

 

Payou Goudarzi – 561 Overbrook Road – Stated that he is in favor of the project because any job is better than no job.  He also stated that this will increase the tax base and spread the Village’s costs over a broader base.  He stated that the project will bring more people to Johnson City and only help the downtown area businesses.

 

Maria Motsavage – 14 Market Street – She inquired about traffic and stormwater plans.

 

Mayor Lewis stated that the Planning Board will be reviewing and discussing these issues at their upcoming meeting on September 10, 2007.

 

Mary Ellen Arnold – 306 Floral Avenue – Stated that Wal-Mart is the No. 1 retailer in the entire world and Johnson City should be very proud that Wal-Mart wants to invest in this community.

 

Cindy Jones – 71 Virginia Avenue – She stated that she is in favor of the Wal-Mart project.  She is a local business woman with a beauty shop in her home and she feels that competition is good and that other merchants should not feel threatened by Wal-Mart’s presence.

 

Robert Alcott – 15 Avenue B – Encouraged the Village to commission an independent economic study to determine the long-term ramifications of the Wal-Mart project.  He feels the long-term effects will not be positive.

 

Barbara Thompson – 94 Miriam Street -             She stated that Wal-Mart is an exceptional business.  She stated that across the country people and communities are lobbying against the building of new Wal-Mart stores.  She cited several examples newspaper articles related to workplace grievances filed against Wal-Mart.

 

Mary Buchek – 75 Martin Avenue – Stated that she has lived in the same house in Johnson City since 1947.  She feels that Wal-Mart is a good project for Johnson City.  She previously worked for Wal-Mart in the human resources field and that the personnel problems that have been stated during this meeting are very common.  She would like Johnson City to progress and re-build in the areas where the old factories used to be.

 

David Alamo – 240  Main Street – He feels that Wal-Mart will take away from existing businesses within a five-mile radius.  He feels that development is needed at this site but that the site has more potential than Wal-Mart.

 

Payou Goudarzi – 561 Overbrook Road – He stated that the Giant Markets were here before Wal-Mart and that the Giant Markets are renovating and expanding and not closing.  He stated that manufacturing is not coming back.  He stated that manufacturing has hurt the environment more than retail has.

 

Leo Meaney - 35 Greenridge Street - He stated that other businesses are not lining up behind Wal-Mart to build on this site.  He added that Harry L. Drive looks great with the new buildings and this has the same potential.

 

Andy Thompson – 214 Main Street – Does not appreciate small business owners speaking on behalf of other small business owners. 

 

Robert Alcott – 15 Avenue B – Small businesses in Johnson City can not compete with big box stores because small businesses do not have the marketing and direct advertising resources as do the big box stores.

 

Monica Silas – 136 N. Broad Street – She stated that this project will not help downtown Johnson City.

 

 

Leo Meaney – 35 Greenridge Street – He stated that there is nothing wrong with bringing businesses and taxpayers to Johnson City.

 

Giti Vakili – 565 Overbrook Road – She stated that she has a childcare business and when she first started many people were against her business.  Now that she is open, everyone is happy with her business because she meets a very important need.  She stated that the Wal-Mart project will provide jobs and income to the people of Johnson City.  She added that it will also provide the Village with needed revenues to undertake projects and continue to provide good services to the people.

 

There being no one else wishing to speak, Mayor Lewis closed the Public Hearing.

 

Mayor Lewis read a list which included communications that have been received related to the Wal-Mart project.

 

PETITIONS RECEIVED

 

David Kellam – 42 Nassau Street – Presented the Village Board with a request to assist in getting the neighbors of Nassua Street to be more cooperative with one another.

 

PRIVILEGE OF THE FLOOR – VISITORS                

 

Marty Meaney – 42 Weymouth Lane – Stated that all the people who are concerned about Johnson City have left the meeting.  He does not think people who leave in the middle of a meeting are that concerned about the Village.

 

Paul Kuhnle – 92 Lincoln Avenue – Stated that the walk light on the corner of Burbank and Floral Avenue is facing the wrong way.

 

Mayor Lewis stated that he will communicate this problem to the Department of Public Works.

 

David Kellam – 42 Nassau Street – Thanked Code Enforcement Officer Vavra for getting an abandoned vehicle removed from Nassau Street.  He asked the Mayor for assistance in getting the lights turned backed on around the Service Avenue and Lester Avenue Bridge area.

 

Mayor Lewis stated that he has been in contact with NYSEG on this issue.

 

Gerald Kane 188 Corliss Avenue – Asked if the Village could assist with some work around Allen Street that is needed.

 

Mayor Lewis stated that he would contact the Department of Public Works to examine the issue.

 

COMMUNICATIONS

 

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

 

JSCD – Reg. Mtg: July 10, 2007 and August 14, 2007

Village of Endicott – Reg. Mtg: June 11 and 25, 2007

Liquor License – Knights of Columbus, 126 Main Street (Renewal); VFW – 207 Grand Avenue (Renewal); Sammy’s Food Mart, 285 Harry L. Drive

 

Motion carried                                                                           Ayes 5  Nayes 0       

 

COMMITTEE REPORTS                                

 

Mayor Lewis thanked everyone who made the 2007 Johnson City Field Days a success.

 

DEPARTMENTS REPORTS              

 

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

 

Code Enforcement

July 2007

 

Motion carried                                                                           Ayes 5  Nayes 0    

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Balles - seconded by Trustee Adams that Abstract #4 for the Fiscal Year

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

 

GENERAL

$454,574.90

WATER

$50,115.68

SEWER

$5,896.14

REFUSE

$24,337.07

LIBRARY

$10,180.31

JSTP-PHASE III

$62,355.99

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0   

 

UNFINISHED BUSINESS                                                    None

 

NEW BUSINESS

 

RESOLUTION #175

 

Motion by Trustee King - seconded by Trustee Adams to set a Public Hearing for September 18, 2007 to consider a Resolution that modifies the substance limits at the Binghamton/Johnson City Joint Sewage Treatment Plant.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #176

 

Motion by Trustee Jones – seconded by Trustee King to authorize a Block Party Permit for the

Annual Haynes Avenue Block Party on September 15, 2007 from 2:00PM to 9:30PM.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0         

 

RESOLUTION #177

 

Motion by Trustee Adams – seconded by Trustee King to promote William Mitchell to the

position of Sergeant, at the annual salary of $52,794.00, effective September 13, 2007.   

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0         

 

RESOLUTION #178

 

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

Southerly Hills Development Letter related to the Southerly Hill Development Sub-division and

Water Tank Project.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0         

 

RESOLUTION #179

 

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

agreement with Shumaker Engineering for testing at the Northside Fire Station relate the Floor

Slab at a contract amount not to exceed $7,300.00.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0         

 

RESOLUTION #180

 

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

3A-0047, Phase III – Contract 3A – General with C.O. Falter Construction for interest payments

associated with the improvements at the Binghamton/Johnson City Joint Sewage Treatment Plant

with an additional cost of $135,594.70.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0    

 

RESOLUTION #181

 

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

3A-0031, Phase III – Contract 3A – General with C.O. Falter Construction for Additional Grating

Support related to the improvement at the Binghamton/Johnson City Joint Sewage

Treatment Plant with an additional cost of $24,294.32.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

PRIVILEGE OF THE FLOOR                                                 

 

Mike Tugwell – 127 Greenridge Street – Asked about any upcoming improvements to CFJ Park.

 

Director of Public Services Robert Bennett provided details.

 

Mike Tugwell – 127 Greenridge Street – Asked about the status of mergin the Parks with the Town of Union.

 

Trustee Balles stated that these talks will conclude soon with a decision to be made in roughly one month.

 

Mike Tugwell – 127 Greenridge Street – Asked about the Arch Street Bridge repairs.

 

Mayor Lewis stated that the bridge is very safe and the repairs will be made based on engineering recommendations and are very minor.

 

David Alamo – 240 Main Street – Asked about interest payment that the Board approved related to the capital improvements at the Binghamton/Johnson City Joint Sewage Treatment Plant.

 

The Clerk/Treasurer provided details.

 

Paul Kuhnle – 92 Lincoln Avenue – Asked about the status of the petition to dissolve the Village.

 

Village Attorney Westfall – Stated that NYS Supreme Court Judge Jeffrey Tait needs to rule on whether the petition is valid or if the Village acted correctly in rejecting the petition.

 

Carolyn Laskoski – 37 Edwards Street – Asked if a referendum is still needed if the Judge rules against the Village.

 

Mayor Lewis stated that the voters of Johnson City will get an opportunity to vote.

Betty Valentino – 42 Cook Street – Asked how properties get inspected by the Code Enforcement Office.

 

Mayor Lewis advised Ms. Valentino to contact Ms. Golazewski, the Village Planner.

 

Helen Schultz – 81 CFJ Blvd. – Asked if it is illegal to park on one’s front yard.

 

Mayor Lewis stated that it is and that he will report this to the Code Enforcement Office.

 

Ann Davis – 63 St. Charles Street – Stated that there is a property on Grand Avenue that looks terrible and asked that someone look into the situation.

 

Mayor Lewis stated he will inform Code Enforcement.

 

ADJOURNMENT

 

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

 

 

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer