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 May 27, 2008

Mayor Harry G. Lewis Trustee: Donald Adams absent

Richard Balles

Dennis Hannon

Bruce King

Beth Westfall Attorney

Cindy Kennerup Deputy Clerk

ORDER OF BUSINESS:

1. PLEDGE OF ALLEGIANCE

The Mayor led the Pledge of Allegiance.

2. FIRE EXITS

The Mayor noted the fire exits.

3. MISCELLANEOUS

The Mayor thanked all for coming to the last meeting of the Fiscal Year.

The Mayor noted the Joint Meeting with the Town of Union and the Village of Endicott. The Mayor stated that the meeting was concerning general items pertaining to the county and asked any Trustee that was going to attend to please notify him personally.

4. APPROVAL OF BOARD MINUTES

Motion made by Trustee Balles–seconded by Trustee Hannon to accept and place on file the following:

Work Session and the Regular Board Meeting minutes of May 6, 2008.

Special Meeting Minutes of May 20, 2008.

Motion made Ayes 4 Nayes 0

5. BIDS (none)

6. PUBLIC HEARINGS

Mayor Lewis opened the public hearing for:

JJF DEVELOPERS, INC.

Proposal to rezone parcel at 373 Harry L Drive to construct a Planned Unit Development consisting of 68 units in 17 buildings on approximately 17 acres of land.

The Mayor opened the floor for presentation by the applicant, JJF Developers and those wishing to speak.

· Attorney Ronald Walsh, Cortland NY, Et. Al. spoke to the educational and professional backgrounds of the developers of Mr. Paskes and Mr. Sinay. Mr. Walsh spoke to the specifics of the project.

The floor was opened for questions or comments.

· Dan Gorey- 65 Richards Street – noted that the entire parcel is not able to be developed. Mr. Gorey was concerned about further development and anticipated rent values per unit.

· Julie Deemie – 52 Zoa Avenue – inquired as to if the Town of Union Comprehensive Plan is currently in effect in the Village of Johnson City.

Mayor Lewis stated that he was not sure and would refer the question to Beth Westfall who will look into the status of the Comprehensive Plan.

She referred to the following from the Comprehensive Plan – Town of Union:

Chapter 8 Environmental Setting [Env-1]

Environmental Goals: Prevent development on land that is topographically unsuitable

Chapter 2: Environmental Setting – Land Use Ordinance

(a) Policies: (1) Discourage developers from destroying woodlands and other significant

natural features.

Julie Deemie further emphasized that this property is an environmental setting and “topographically unsuitable”. She stated that Broome County has this property listed as a “high erosion area.”

Julie Deemie also submitted a petition on behalf of Richards Street

property owners owning land within 100 feet of the proposed rezone.

· Dan Gorey – 65 Richard Street – submitted a petition on behalf of Richards Street property owners.

· Mark Kulikowski – 41 Richard Street - Noted a consistent pattern of misinformation from JJF Developers. He noted that information asked for was never forthcoming. He felt that JJF Developers and their representatives were not accurate and were contradicted by the facts. Mr. Kulikowski referenced contact information which he found to be lacking and scant, noting tracing the company was difficult. Mr. Kulikowski asked that the Board look at all of the contradictions presented by JJF Developers and that there may be more to this project than just a simple development. He emphasized that the Village Board should look at the big picture.

· Monica Silas – 136 N. Broad Street – Stated that the Village Board is a Board that can never say “No.” She felt that the project would be approved. She inquired as to if the Village could ask counsel to obtain a $500,000.00 bond from JJF Developers when, she felt, the project would not be finished.

Attorney Beth Westfall stated that the Village Board could ask for a performance bond for this project.

· Ron Walsh – Leonard & Walsh – [JJF Developers] addressed storm water run-off concerns.

· Rick Woidt – Woidt Engineering – [JJF Developers] spoke to property layouts.

· Julie Deemie – 52 Zoa Avenue - inquired as to the water drainage system. Mr. Woidt specified storm water site specifications. Security fencing and security measures for a retention pond will be left up to the property owner (Grand Day Care Center). Mr. Woidt continued explaining, via use of placards, the storm water and drainage assessment.

· Greg Deemie – 52 Zoa Avenue – stated that the storm water drainage system presented by the JJF representatives may work great in theory, but inquired as to whether the landowner or the Village, would be responsible for damage.

Mayor Lewis indicated that the landowner was responsible.

· George Kolba – 26 Ackley Avenue – inquired as to whose responsibility it was, relative to the JJF project, for the upgrades on Harry L Drive.

Mayor Lewis stated that the landowner is responsible for dispensing

water onto the neighbors. Mayor Lewis asked the engineer if this was

taken into consideration.

Rick Woidt stated that this was taken into consideration and explained

all modifications.

· Dan Gorey – 65 Richard Street – emphasized that the owner of JJF Developers is in fact responsible but that they only have a box office in Brooklyn.

· Attorney Ron Walsh stated that there is going to be an on-site manager at the property.

· Steve Sees – 45 Richard Street – Surmised that, if the Planned Unit Development was not put in, JJF Developers would attempt to build many single family homes instead. He felt this was a fear and an intimidation tactic. Mr. Sees stated that JJF Developers had used this tactic in the past and did relay this information to a member of the Board and stated that many single family homes will go in there after JJF buys the property anyway. Mr. Sees also wants to preserve the integrity of the neighborhood. He noted that the quality of the buildings and the size of the frontage are a concern. Mr. Sees felt that the tone presented by JJF Developers, as he sees it, is one of if you do not accept what we want to do we will put up shanties, is not appropriate. He stated that JJF Developers is not willing to negotiate and they are not trying to be a good neighbor or make the slightest concessions.

Attorney Ron Walsh responded that there was no intention of the

developers to exercise their ability to fully develop the property and there was never any intention of implied threats.

· Chris Stastny – Griffith Engineering [JJF Developers] – spoke to the specifics of the architectural design and layout of the properties, and continual improvements with existing infrastructure systems.

Mayor Lewis stated that if there is any other development intended for this property it will have to go through a site plan review and subdivision review. There cannot be single family homes pushed into this property.

· Mark Kulikowski – 41 Richard Street – felt that there was misrepresentation again from JJF Developers. He questioned if built, would units be facilitated. He emphasized that this is to be a senior development site and inquired as to if the site can be changed to anyone who wishes to rent it.

Mayor Lewis stated that a non-compliance issue would be covered by the

Bond, but the property could be sold in the future.

Steven Sees – 45 Richard Street– stated that of the several hundred

people he canvassed in regards to this project, he never encountered

one resident that believes this is a good idea and are proponents of this

project.

· Ron Jones – 205 Ackley Avenue – noted that although the Village is in need of a larger tax base, consideration should be taken for development versus what is right for their area. Mr. Jones noted that taxes can in fact be lowered. Mr. Jones inquired as to if JJF Developers address was merely a PO box number and if the company had been properly vetted or investigated. Mr. Jones stated that Johnson City is a hot spot for development but is concerned about the reputation of this developer.

Mayor Lewis stated that the Board took into consideration residents

comments on the developer, their backgrounds and what the Village attorneys have supplied.

· Attorney Ron Walsh – stated that any concerns could be addressed by performance bonds.

Attorney Beth Westfall stated that in a protest petition situation, four votes are needed instead of three.

With no one else wishing to comment, the Mayor closed this portion of the public hearing.

Resolution #94 - Motion made by Trustee King– seconded by Trustee Hannon to deny rezoning Planned Unit Development at 373 Harry L Drive because it does not fit the character of the neighborhood and presents significant traffic concerns.

Attorney Beth Westfall reminded the Village Board that a “Yes” vote is to deny.

Trustee Balles stated that on the advice of Attorney Beth Westfall, because he owns property that will be impacted by this project, he will abstain from voting. Trustee Balles stated that his intent is to put the taxpayers first and that he wished he could express his opinion.

Motion made. Trustee Hannon Aye

Trustee Balles Abstain

Trustee King Aye

Mayor Lewis Aye

Mayor Lewis opened the public hearing for:

TIME WARNER FRANCHISE AGREEMENT

Renewal of the cable television franchise agreement by and between the Village

of Johnson City and Time Warner Cable.

With no one wishing to comment, the Mayor closed this portion of the public hearing.

7. PETITIONS RECEIVED

Petition received from Julie Deemie – Richard Street residents

Petition received from Dan Gorey – Richard Street residents

Both petitions were received from the respective petitioners and are on file in the Village Clerk’s Office.

8. PRIVILEGE OF THE FLOOR – VISITORS

· Julie Deemie – 52 Zoa Avenue - submitted the Village of Johnson City Organizational Chart per the 2008 Unified Comprehensive Plan for the perusal of the Mayor. She read the following prepared statement:

I would like to be the first to speak this evening for several reasons.

First and foremost, with the sensitive Fire Chief and firemen pay raise issues at hand, I would like to ask that you, Mayor Lewis and members of the Board, listen carefully to the voices of the Village of Johnson City residents who choose to take the time to attend this meeting and speak here tonight. It is the people of this village that make it great; it is the residents that hold the power.

As public servants, our role is to act on your behalf and in your best interest. Respectfully, I ask that this evening you set your own feelings aside, that you listen closely to the needs and desires of the people of this Village.

I believe that most will agree that we want our Village to grow and prosper, but in order to see this happen, proper decision making, such as you have just made, is crucial.

Most of us highly value the services we have in place. We don’t want to be without our paid fire and police departments. What we want is to have our Village properly managed.

I believe there is much that has not been publicly acknowledged regarding your relationship with the Fire Department. I sense that this relationship is not what it should be. I also sense turbulence between the Police and Fire Departments. This type of internal combat does not serve the residents well or justly.

I question why you chose to have a crucial, highly controversial public meeting and Board vote, at the same time another public Village meeting was being held. This shows poor judgment and also creates an environment of distrust. I question not only the legality of your actions, but also your motive and urgency.

We, the people of Johnson City, deserve concrete explanations. We also ask that all of the facts which have led to these situations be laid out for us on the table for all to see. It is time for you to serve and we expect that you will do this with integrity and honesty.

· Liz Johnson – 230 Myrtle Avenue – questioned Mayor Lewis as to whether it was his opinion if we were in volatile economic times.

Mayor Lewis stated we were.

Liz Johnson then asked for justification for the generous contract to the Johnson City Fire Department

Mayor Lewis stated that he would explain his position later in the meeting.

· George Kolba – 26 Ackley Avenue – required explanation, facts and figures relative to the Firefighters contract. Mr. Kolba expressed concern, as a former Trustee, as to whether there is money to fulfill this contract. Mr. Kolba stated that he understood the Police Department had now pulled their contract off the negotiating table. Mr. Kolba emphasized that the Police Department’s job is just as important as the Fire Fighters. He felt that the special meeting of May 20, 2008 was not properly notified.

· Monica Silas – 136 N. Broad Street – acknowledged that the Department of Public Works and the Police Department are hard working people and she feels someone is now going to have to inform them that their payroll is gone. Mrs. Silas stated that the Village cannot afford the Fire Fighter contract and it could not be justified.

· Bob Carr – 1164 Anna Maria Drive – inquired as to the health care benefits of the entire Village of Johnson City and Fire Department issues. Mr. Carr felt that leadership in the Village is at best questionable. Mr. Carr suggested that new negotiators were needed for taxpayers. He stated that fire fighters were greedy and questioned misappropriations. He stated that dissolution will not be a concern as the Village will be belly up.

Mayor Lewis read the following statement:

The recent adoption of the contract with the firefighters Local 921 has received a great deal of media attention. Unfortunately, much of the information in the recent media reports is incorrect. Let me give you some important facts:

This is a five-year contract, which began in 2006-2007 and runs until 2010-2011. Two of the five years have already passed because we have been negotiating this contract for that long.

A tentative agreement was reached almost a year ago, subject to legal review. That tentative agreement was approved by the Village Board by a vote of 5-0. After further negotiations, three changes were made before reaching this agreement:

1) The Village does not have to fill vacant positions to meet the staffing levels of the previous agreement

2) Contributions toward health insurance premiums from retirees who retire on or after 6/1/08

3) A fifth year of the agreement with a 3% pay increase.

These are significant pay increases – no question about it. But in exchange for these concessions, the Village can manage the size of the Fire Department and that is a critical goal as we go forward. Also, for the first time, the firefighters are contributing to the cost of their health care insurance premiums.

· Lee Kovacic – 29 Martin Avenue – expressed concerned about the manning issue in the Fire Department. He noted that the level of staffing is not consistent with the population of Johnson City and felt that the contract was outrageous.

· Steven Sees – expressed concern that this may be the dissolution issue. The Fire Department should be working for taxpayers, not the taxpayers for the Fire Department. Mr. Sees felt that the contract increase was out of line with the mean increase of Johnson City. To have the public servants making this money is outrageous. Mr. Sees suggested that with fuel being so expensive, conservation should be considered in every procedural decision. He suggested that a procedural change as to what is sent to fire calls would be better usage of trucks; only appropriate vehicles should be sent.

Mayor Lewis educated the audience on what trucks were sent on what calls. The Mayor also questioned Mr. Sees assertion that every truck was run on every call, no matter what the call.

· Rick Walikas – 329 Deyo Hill Road – disagreed with the Fire Fighter contractual issues. He inquired as to what was budgeted for raises.

· Pat Pollack - 778 Aetna Rd - thanked Trustee Hannon and Trustee Balles for voting No” on the Fire Fighter contract. She continued by explaining her general disapproval with the contract.

· George Kolba – 26 Ackley Avenue – inquired as to if there is enough money set aside in a contingency fund for year 1 and year 2 of the Fire Fighter contract.

Mayor Lewis stated that there was.

George Kolba – stated the specifics of the contributions in regard to health insurance for the public.

· Marie Lukasik – 106 Martin Avenue – asked for the new numbers from the Village Clerk/Treasurer Jennifer Kakusian. She inquired as to how Trustee King arrived at his figures of a savings of 4 million dollars.

Trustee King noted that the information in the Press & Sun Bulletin was incorrect. He presented the following chart:

Current Base Salaries List

Municipality	New Hire	FF 1^st Grade
Johnson City	$34,222.08	$53,734.54
Endicott	$29,430.96	$45,000.98
Binghamton	$41,470.00	$54,6777.00
FDNY	$36,400.00	$68,475.00

Trustee King noted that the savings was in not replacing four fire fighters and projecting that out over 5 years; totaling $1 million. He explained his position on in signing the contract as he has looked at the numbers. He explained the overtime will be monitored and the required manning clause is no longer as evasive. He again emphasized that overtime must be controlled.

· Liz Johnson – 230 Myrtle Avenue – inquired as to who is in charge of assigning overtime within the Fire Department

Mayor Lewis stated that the Chief or the Acting Chief is in charge of overtime.

Clerk/Treasurer Jennifer Kakusian explained her position regarding when the cost of the contract will be available and what considerations she will take into affect when arriving at those final numbers.

· John Sullivan – 701 Marian Drive – expressed concern about the Fire Fighter contract being ratified without the Board knowing the specific numbers. He commended Trustee Hannon and Trustee Balles for their “No” votes on the contract. He stated that Trustees King and Adams, and Mayor Lewis should tender their respective resignations.

Mayor Lewis reminded Mr. Sullivan that other bargaining units, unlike the Fire Fighters, have not given up anything in their negotiation process.

· Steven Sees – 45 Richard Street – stated, in jest, that perhaps Johnson City was utilizing New Deal economics – spending ourselves into prosperity. He noted that NYC is not Johnson City.

Mayor Lewis stated that it was the media that first alluded to NYC.

· Monica Silas – 136 N. Broad Street – explained that the members of the Board who voted “yes” on the Fire Fighters contract lost sight of who they were working for. She stated that the Village was close to ruin and this action should not have been taken.

· George Kolba – 26 Ackley Avenue – now feels the Village of Johnson City will dissolve. He inquired as to if the Board and Trustees will draft a letter trying to renegotiate the contract.

Attorney Beth Westfall stated that a letter can be drafted with that request.

· Liz Johnson – 230 Myrtle Avenue – stated that she does not blame the Fire Department as the contract was given to them. She blames Trustee King, Trustee Adams and Mayor Lewis. She feels that these individuals are putting the Village in a mess.

Mayor Lewis – stated that all decisions were made with end results in mind. A tentative agreement was approved last year.

Liz Johnson – stated that the Fire Department should cut personnel. She felt the Village could not afford this contract.

Mayor Lewis noted all contracts are a negotiating process.