TOWN OF JOHNSTOWN

REGULAR BOARD MEETING
DECEMBER 18, 2017
Meeting opened: 6:03 PM

PRESENT: Jack Wilson,Don Van Duesen, Daryl Baldwin, Tim Rizzo, Walt Lane, Nancy Hart ToddUnislawski, Ryan Fagan, Leah Everhart, Clyde Nellis, Reporter, Chuck Hart, Jim
Corbett, Charles Leitch, Arthur Posluszny, Lansing Lord, Jeff Persch.

PUBLIC COMMENT:

Jeff Persch: NineMillion dollars was awarded to counties. Town of Florida got a grant for theirSalt Shed. Why weren’t grants pursuedfor our Salt Shed. What grants can bepursued for future projects?

Jim Corbett: What is status of Aspen Hills WaterIssue? Has been going on for two yearsnow. What are the boundaries of the water district? There was a 1994 PlanningBoard meeting for additional development next to Aspen Hills. He has never gotten the information he needson when pipes were installed. Ryanshowed him plans from 2006 where pipes were installed. May 2013-November 2013 there was a 350% increasein usage. May, 2014 Cindy Sprakernotified Nancy Mac Vean and Nick Canizzo about the increase in the bills.

Art Posluszny: Wantedto know why no audit reviews done by the board on a regular basis. Jack explained how bills were paid byvoucher, checks are made out to be paid, board reviews vouchers at meeting. Bookkeeperreceives check and handles books, Jack signs checks and another person takesmoney to bank.

Jim Corbett: Asked ifanybody has gone after the property owner responsibility of the Aspen leak.

Art Posluszny: Statedthe tap into the Aspen water system was done without permits so who wasresponsible for issuing permits? Connection was illegal. Jack saidtap was into hydrants and not the water line. Person who tapped in should be held accountable per Art, and the TownBoard and Water Dept. didn’t do anything about it.

Jim Corbett: want toknow why owner of land not being held accountable?

Art Posluszny: SaidTown should be pressing legal action on previous owner. Jack stated he will be contacting Chad Brown,FC District Attorney, Chad Brown about it. Art stated the statute of limitations is going to run out.

Charles Leitch: Waterthrough main meter is what residents were charged for? Jack stated not any longer the bills are onlyfrom actual meter reading.

Jim Corbett: Statedthis is going on for 2 years and nothing is being done. U. S. land Acquisitionlast the land and Kyle Caminiti now owns it.

Art Posluszny: Statedthere should be a lien on the property.

Lance Lord: What is going to change so things movefaster? Is Town Board delegatingresponsibility out and dividing it so Supervisor not totally responsible forthings? Walt Lane said the Board is notdivided into committees.

Chad Hartwick: Where is criminal proceeding against the pastbookkeeper? Jack said there is none atthis time.

Jim Corbett: Town should be recouping the money.

Lance Lord: Is town ready to file the lien?

Leah Everhart, TownCounsel: Explained there is no quick way to file a lien. Civil lawsuit can be filed against owner withproof of wrong doing. Anybody can filewith the District Attorney, not just the Board. Jack said the Board will be following up on the issue.

Derek Pombrio: When can residents meet with the Town Boardon the Aspen Hills issue? Jack statedwhen more information is gained a meeting can be held. Walt Lane said he will post it on thecalendar on the Town’s website when a date is set.

6:44 PM Motion to openPublic hearing on Cold War Veteran mad by Jack Wilson

2nd: Don VanDuesen

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

No public comment onPublic Hearing.

REPORTS:

Highway: Absent

Codes: Attached

Assessor: Attached

Clerk: Attached

ACO: Attached

Justice: Attached

Council:

Don Van Duesen:Suggested a meeting with the District Attorney soon and have residents involvedas well. Jack said he and Walt will meetwith him first.

Mrs. Pombrio: Askedwhen the new contract is to be negotiated? Jack said he is waiting on the City Council and Water Dept. She asked if old contract stays in effecttill then. Leah Everhart stated contractsusually continue unless “notification of discontinuation” is given.

Daryl Baldwin: Water cooler system was requested for Highwayas water is contaminated. Walt Lane saidT. J. has money in his budget and can purchase one. Jack will get water tested.

7:02 PM: Jack made motion to close the Public Hearingand adopt the Local Law to continue Cold War Veteran Exemption.

2nd: Don VanDuesen

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

Update on Grant: Jack sent necessary information needed forgrant. Tim Rizzo asked for specs/planson Court addition. Leah Everhart askedbids needed if it doesn’t meet monetary threshold? Tim Rizzo said he will build the specs andwould put out to bid regardless. WaltLane questioned the board’s involvement and Tim stated he will do specs andboard can review them.

Res. 2017-95: Motion made by Jack Wilson to incorporatelist for account transfers for the end of the year in meeting minutes.

2nd: WaltLane

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

Res. 2017-96: Motion made by Jack Wilson to holdOrganizational Meeting on Thursday, January 4, 2018 at 4:00 PM

2nd: WaltLane

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

Old Business: House onRte. 67 with tire issues.

Ryan Fagan stated hehas 2 open tickets on this. Inspectionfor health issues was done, but no report from Health Officer as heresigned. New \Health Officer is neededto inspect it. Leah Everhart statedState Law and Local Law not always equal so Town needs to be sure to coverboth.

New Business:

Jack Wilson interviewedboth Mr. Baurel and Mr. Savage for the Janitor position. Mr. Savage was notinterested for that much time.

Res. 2017-97: Walt Lanemade motion to hire Mr. Baurel for one year.

2nd: DarylBaldwin

Ayes: Jack Wilson, Don Van Duesen,Walt Lane, Daryl Baldwin

Nay: Tim Rizzo

Ryan Fagan requested anexecutive session for possible litigation.

7:20 PM Motion made byDaryl Baldwin to go into executive session for possible litigation andcollective bargaining.

2nd: WaltLane

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

8:12 PM: Motion made byDaryl Baldwin to go out of executive session.

2nd: WaltLane

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

Res. 2017-98: Motionmade by Daryl Baldwin to accept collective bargaining agreement including newboot agreement.

2nd: Don VanDuesen

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin

Nay: Tim Rizzo

Motion to pay bills byJack Wilson

2nd: WaltLane

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo

8:17 PM: Motion toadjourn by Jack Wilson

2nd: DarylBaldwin

Ayes: Jack Wilson, DonVan Duesen, Walt Lane, Daryl Baldwin, Tim Rizzo