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 1, 2008.

Mayor Harry G. Lewis Trustee: Donald Adams

Richard Balles

Dennis Hannon

Bruce King

Attorney: Beth Westfall

ORDER OF BUSINESS:

1. PLEDGE OF ALLEGIANCE

· The meeting was opened with the pledge of allegiance led by Mayor Lewis.

2. FIRE EXITS

· The Mayor noted directions to the fire exits.

3. MISCELLANEOUS

· The Mayor thanked the public for coming and introduced Attorney Ms. Angel Aton.

4. APPROVAL OF BOARD MINUTES

· Work Session and the Regular Meeting of March 18, 2008.

· Special Work Sessions of March 19, 24, and 25, 2008.

Motion made by Trustee King seconded by Trustee Hannon to accept and place on file the Village Board Minutes for the Work Session and Regular Meeting of March 18, 2008 and for the Work Sessions of March 19, 24, and 25, 2008.

Motion Carried Ayes 5 Nayes 0

5. BIDS

• Water Valve Maintenance System – bid received from E.H. WACHS Company for an Aerial Device and Utility Body ($38,547.27).

Motion made by Trustee King seconded by Trustee Adams to accept and approve the purchase of an Aerial Device and Utility Body from E.H. WACHS for $38,547.27 as stated and adopted in Resolution #40.

Motion Carried Ayes 5 Nayes 0

6. PUBLIC HEARINGS None

• Beth Westfall addressed the public in regards to the cancellation of the Public Hearing scheduled for April 1, 2008. Ms. Westfall provided the name of the attorney (Ronald Walsh) who is now representing JJF Developers Inc. Copies of the corporate existence of JJF Developers Inc. are now on file with the Village of Johnson City Clerk’s Office. Ms. Westfall stated that these documents (5 pages) would be available to the public under the Freedom of Information Law (FOIL). The new name of JJF Developers Inc. (previously understood to be JJF Development Inc.) is a valid corporation with all stock being owned by Mr. Jacob Paskes. Ms. Westfall suggested that the request for adjournment made by Attorney Walsh be rescheduled for May 6, 2008 at 7:30PM in regards to this matter.

7. PETITIONS RECEIVED None

8. PRIVILEGE OF THE FLOOR – VISITORS

· Steven Sees, 45 Richard Street; directly questioned Attorney Westfall regarding JJF Developers Inc. (JJF)

a) Mr. Sees inquired as to if JJF was an out-of-state corporation with permission to function in New York State; Ms. Westfall referred to documentation on file in the Village Clerk’s Office which stated that JJF is based in NYS.

b) Mr. Sees inquired as to if the filing is under the correct name of the corporation; Ms. Westfall stated that the correction was made and the initial error was made by an engineer who erroneously filled out the form.

· Dan Gorey, 65 Richard Street; made a formal apology to the Planning Board Chairman for “terminology” utilized in reference to members being “coerced.”

Mayor Lewis accepted Mr. Gorey’s apology on behalf of the Planning Board.

· Greg Deemie, 153 Zoa Ave; inquired as to if the Work Sessions pertaining to the Budget were open to the public.

Mayor Lewis stated that they were and took place at 6PM.

Attorney Westfall stated that these sessions are not normally publicized in the

paper due to the frequency with which they are scheduled and cancelled.

Mr. Deemie stated that all sessions should be properly posted in a timely

fashion.

Ms. Westfall was empathetic to this request and reminded Mr. Deemie that

during “Budget Time” meetings are not scheduled in such a formal manner.

· Bob Zielewicz, 198 Deyo Hill Road; expressed concerns over the Public Hearing postponement regarding JJF Developers Inc., and inquired as to if the new lawyer will impact the proceedings or project.

Mayor Lewis stated that at the Public Hearing the people will have an

opportunity to make comments referring to this project. Mayor Lewis reminded

Mr. Zielewicz that there may be a vote taken on April 15, 2008 and that the

Public has additional time to prepare.

Mr. Zielewicz expressed concerns that the people have an opportunity to digest

all new information.

· Rosemary Hinkey, 244 North Harrison Street; expressed concern about the financial prospectus of Mr. Josh Friedman. Her inquiry was what financial backing JJF has.

Mayor Lewis indicated that Mr. Friedman is no longer a part of the project and

that Mr. Jacob Paskes is the sole owner of JJF.

Attorney Westfall stated that the Village of Johnson City can require that JJF

post Performance Bonds as a way to control and oversee the finances of the

project. She also stated that the rezoning must occur prior to these financial

controls being put into place.

Mrs. Hinkey expressed concerns that the Village of Johnson City already has so

much construction. Her concern is whether the Joint Sewage Treatment Plant,

with its upgrades, will be able to accommodate this project. She inquired as to

whether if the flood catch basins will be affected by all of the construction.

Mayor Lewis indicated that the Ms. Hinkey’s concerns are all addressed in the

State Environmental Quality Review Act (SEQR) process and plans brought

forth by the developer continue to be reviewed by Robert Bennett, Director of

Public Services.

· Tom Kelleher, 72 Richard Street; stated that the postponement of the Public Hearing was an inconvenience to the Board and the community. He noted that Attorney Walsh was employed for a number of weeks and to begin his investigation on 3.31.08 is “insincere.” Mr. Kelleher cited this as one more example of disrespect. He noted that previous taxes were not paid on time by properties owned by JJF.

Mayor Lewis reminded Mr. Kelleher that the filing for a Public Hearing is not

the date of the Public Hearing.

Mr. Kelleher stated the involvement of Josh Friedman was a “bait and switch” as

initially Mr. Friedman was the President of JJF and now is merely designated as

an employee. Mr. Kelleher continued by stating this as showing tremendous

disrespect to the community and Village Board.

· Julie Deemie, 153 Zoa Avenue; requested the correct spelling of Mr. Paskes name. Ms. Deemie also requested the SEQR, that is the environmental impact. Ms. Deemie inquired as to if it was premature to rezone prior to the environmental review.

Attorney Beth Westfall confirmed that rezoning is contingent to a sign-off by the

DEC and the Village of Johnson City. Contingencies must be satisfied before

rezoning.

· Dan Gorey, 65 Richard Street; inquired of Beth Westfall as to if this is a “spot” rezoning. Mr. Gorey questioned whether this project, although listed as a Senior Living Center was merely going to become a non-Senior Living Center upon completion.

Attorney Westfall stated that she did not feel it was, in Mr. Gorey’s terminology,

a “spot” rezone.

· Steven Sees, 45 Richard Street; made two observations: 1) initially the JJF project was to be low-income housing, and 2) JJF is now operating under a different name and also has different officers. HE asked that the Board be mindful if this could be, as Mr. Sees deems it to be, a “straw” purchase. Mr. Sees is concerned that this project will revert to low-income housing.

· Bob Zielewicz, 198 Deyo Hill Road; made note of the 30 foot distance the JJF properties and buildings would be from existing properties. He stated that a “changing of flavor of the area” would be taking place. The building structure of the new proposal with 30 feet distances is inadequate and needs to be changed to protect the residences. Mr. Zielewicz recommended a change to 200 feet as a buffer or neutral zone.

· Dan Gorey, 65 Richard Street; suggested that Mr. Zielewicz’s concerns about the 30 foot zone is valid. Mr. Gorey suggested that he would be looking out his front door and confronting him at a distance of 30 feet would be a building ranging in length from 90 feet to 150 feet in length.

Mayor Lewis mentioned that the in town lots were all very small, typically 40 by

100+ feet. Mayor Lewis observed that the widths of the lots are very small.

· Tom Kelleher, 72 Richard Street; expressed concerns about the order of zoning, rezoning, then building. He wanted assurances that all zoning and rezoning procedures were not being changed for the JJF project.

Mayor Lewis confirmed that the Planned Urban Development (PUD)

requirements were more restrictive than the current zoning laws.

· Matt Weiss, 105 Richard Street; inquired as to when JJF Developers Inc. became incorporated.

Attorney Beth Westfall stated that the incorporation date was August 2007.

Mr. Weiss inquired whether or not in that process JJF was required to list

prospectus or go through a background check.

Attorney Westfall stated JJF was not required to do either.

9. COMMUNICATIONS

· Town of Union – Reg. Mtg: March 19, 2008

· NYSDEC – Brownfield Cleanup Program Fact Sheet on the Former Endicott Johnson Ranger Paracord Facility (Southern Parcel).

· Johnson City CSD – BOE Minutes March 11, 2008

· Johnson City CSD – BOE Minutes March 25, 2008

· Village of Endicott – Regular Meeting: January 8, 2008, January 22, 2008,

February 12, 2008, February 26, 2008, March 11, 2008,

March 25, 2008

Motion made by Trustee Adams-seconded by Trustee Balles to accept communications.

Motion Carried Ayes 5 Nayes 0

10. COMMITTEE REPORTS None

11. DEPARTMENT REPORTS None

12. PAYROLL AND BILLS PRESENTED

· Motion by Trustee Hannon-seconded by Trustee Balles that Abstract #17 for the Fiscal Year 2007-2008, having been audited by the board and approved, be ordered as follows:

Abstract #16

GENERAL	$336,787.53
WATER	$48,947.98
SEWER	$7728.58
REFUSE	$19,563.58
LIBRARY	$11,808.92
JSTP-PHASE III	$28,254.86

Board members polled

Motion carried Ayes 5 Nayes 0

13. UNFINISHED BUSINESS

· Make note: Resolution #45 was pulled at last Board Meeting March 18, 2008.

· Resolution #52 - Authorize Mayor Lewis to enter into an agreement with Johnson Control Inc. for an Energy Savings Performance Contract. Subject to final attorney review and negotiation of tax-exempt lease with start date no earlier than June 1, 2008.

Trustee Hannon read from a document (enclosed) he composed citing and delineating the savings of entering into JCI Energy Savings Performance Contract.

Board members polled

Motion carried Ayes 5 Nayes 0

14. NEW BUSINESS

Resolution #55 – Motion made by Trustee Balles-seconded by Trustee Hannon to a

authorize advertisement to set a Public Hearing for April 15, 2008, 7:30PM – relative to

the Time Warner Franchise Renewal Agreement.

Board members polled

Motion carried Ayes 5 Nayes 0

Resolution #56 - Motion by Trustee King-seconded by Trustee Adams to authorize

advertisement to set a Public Hearing for April 15, 2008, 7:30PM –relative to the 2008-

2009 Village of Johnson City Budget.

.

Board members polled

Motion carried Ayes 5 Nayes 0

Resolution #57 – Motion made by Trustee King-seconded by Trustee Hannon to

authorize the Johnson City Senior Center to hold its 2^nd Annual 5K Road Race

on August 16, 2008. Request was reviewed by Officer Zenzel and the event is properly

insured.

Board members polled

Motion carried Ayes 5 Nayes 0

Resolution #58 – Motion made by Trustee King-seconded by Trustee Adams to accept

payment for disputed water/sewer bill at 10 Gannett Road (Central New York Production

Facility) owned by Gannett Newspaper Group in the amount of $37,222.26. A

substantial consideration was given to Gannett [forgive the accrued penalties and

discount the water bill by 30%].

Board members polled

Motion carried Ayes 5 Nayes 0

Resolution #59 – Motion made by Trustee Hannon-seconded by Trustee Balles to amend

Resolution #8 to read “all requests.” Trustee Hannon expressed the need to have Board

be aware of where Village employees were traveling, as this practice was in best interest

of the Board.

Board members polled

Motion failed Ayes 2 Nayes 3

Trustee Hannon Aye

Trustee Balles Aye

Trustee King Naye

Trustee Adams Naye

Mayor Lewis Naye

PRIVILEGE OF THE FLOOR - VISITORS

· Leo Maney, 35 Greenridge Street; inquired as to if the malfunction at Gannett is corrected.

Mayor Lewis stated that the malfunction was corrected by Gannett and is

monitored by Gannett on a daily basis.

· Greg Deemie, 153 Zoa Avenue; inquired as to if the Brownfield Clean-up was the proposed WalMart acquisition. Mr. Deemie was also interested in where to locate the DEC reports.

Mayor Lewis stated that the reports are posted at the Your Home Public Library,

107 Main Street and the Village of Johnson City Clerk’s Office, 243 Main Street.

Mayor Lewis also clarified that the report shows a work plan and is a basic fact

sheet of the area, the DEC requirements and DEC plans.

· Frank Frear, 112 Virigina Avenue; inquired as to if a 2008-2009 Budget was readily available, what the tax increase is, and if the 40% water increase that the City of Binghamton is adopting is likely to occur in Johnson City.

Mayor Lewis stated that the budget is available at Budget hearings but because it

is a “working” budget it is not complete until adopted. He also stated that

Budget was originally at a 24% increase and through revisions, the Budget is

currently at a 10% increase.

· Tom Kelleher, 72 Richard Street; thanked the Village Board for their time but wanted to again reiterate that JJF Developers Inc. has been very inconsistent with the time frame of incorporation and the ability to complete any project within the 4 month time that it took to complete their project in New Jersey. He also pointed out that being newly incorporated and completing the project that JJF claimed to have completed seemed “very shady.”

· Dan Gorey, 65 Richard Street; stated that as a long time resident he was looking for the Board to protect investments of the residents.

· Julie Deeme, 153 Zoa Avenue; inquired as to the mechanical failure of the valve at the CNY facility. She explained that she had a senior neighbor with an equipment failure in her home and that water bill was not negotiated. Ms. Deemie expressed a concern that negotiations with residents should be considered.

Mayor Lewis stated that each case was reviewed on its own merit and the Board

has a history of “forgiving” when the case calls for it.

Ms. Deemie asked for clarification about the appropriate procedure and action to

take if there is a concern with a water bill.

Mayor Lewis informed the public of the time frame in which the meters were

read to the time a bill would arrive at the residence; approximately 2-3 weeks

after the reading. The Mayor suggested that if the reading indicates a problem

that the Village does notify the owner but is remains the responsibility of the

owner to monitor the meter. Mayor Lewis stated that when the owner does in

fact find the reason for the discrepancy, a letter of consideration of forgiveness

should be submitted to the Board.

Ms. Deemie also inquired about the sidewalk repair list agenda for the upcoming

season. Robert Bennett, Supervisor of Public Works stated that he would call

Ms. Deemie regarding the list.

· Greg Deemie, 153 Zoa Avenue; inquired as to what the water rates for the Village will be.

Mayor Lewis directed Mr. Deemie to the JC Newsletter which contained the

current water rates.

Mr. Deemie questioned whether water should/should not be conserved.

· Bob Zielewicz, 198 Deyo Hill Road; suggested that the water tanks should be better regulated as he is a witness to overflows on the North Side tanks. He inquired to how the tanks were monitored.

Robert Bennett, Supervisor of Public Works, stated this issue will be addressed

and rectified by the JCI upgrade.

· Steven Sees, 45 Richard Street; inquired as to if there was a water shortage in the Village.

Mayor Lewis stated that the Village has a good supply of water and the Village

will rectify the tank overflow situation.

ADJOURNMENT

Motion to adjourn by Trustee King-seconded by Trustee Adams.

The meeting was adjourned at 8:45PM

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