TOWN OF JOHNSTOWN

REGULAR BOARD MEETING
June 19, 2017

Meeting Opened: 6:00 PM

Present: Jack Wilson, Daryl Baldwin, Tim Rizzo, Don Van Deusen, Leah Everhart, Nancy Hart, Ryan Fagan, T.J. Bradt, Kelly Bradt, Clyde Nellis, Walt Lane

Public Comment: None

Motion to accept minutes from the last regular meeting made by Tim Rizzo.

2nd: Walt Lane

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

REPORTS:

Highway Superintendent: Bids for Paving opened:

Peter Luigi & Bros., Albany, NY: Total: $271,001.00

New Castle, Troy, NY: Total: $272,935.00

Callahan, Albany, NY: Total $243,435.85 ($58.03 per ton)

Cobleskill Stone, Cobleskill, NY: Total: $249,559.75

T. J. Bradt stated the budget for CHIPS money would have to be changed. Was in budget for $169,014.94, but town is receiving additional funds of $70,998.48 for total of $240,013.42.

Fulton County has agreed to purchase the surplus John Deere tractor from the town for $20,000.00.

Res. 2017-62: Motion made by Daryl Baldwin to sell the surplus John Deere tractor from the town Highway Dept. to the County of Fulton at the value of $20,000.00.

2nd: Walt Lane

Discussion: Tim Rizzo stated town already determined tractor was surplus.

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

Res. 2017-63: Motion made by Daryl Baldwin to accept the bid of $243,435.85 for paving of town roads from Callahan of Albany, NY.

2nd: Don Van Deusen

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

T.J. Bradt Reported mowing is going nicely. T. J. Bradt figured the operating costs Tim Rizzo requested for mowers used for County Roads to be $103.07 per hour. Tim Rizzo figured the cost of mowing for the county was approximately $11,500.00 so town is not making a profit and only breaking even. Walt Lane stated cooperation between town and county has worth.

Code Enforcement: Report attached

Chapter 21 of zoning law for signage needs to be simplified especially since Zoning Board made ruling on Monument signs.

Assessor: Report Attached

Clerk: Report Attached

ACO: Report Attached

Justice: Report Attached

Council:

Tim Rizzo: Wanted to know the status of plans for septic holding tank for Town Hall. Ryan Fagan stated bids were put out and one bid for composite tank was received to date. Ryan also stated water level is still too high in ground to do the job yet.

Tim asked if anyone had attended webinar for town financial planning. Concerned the town hasn’t got a three year plan. Jack stated Bruce Van Genderon will be discussing recommendations to the board for finances when he finishes with audits.

Tim received a letter from the Planning Board with updated chart information on PUD in zoning code. Counsel stated a Public Hearing was needed to amend the code.

Res. 2017-64: Motion made by Tim Rizzo to schedule a Public Hearing for Local Law Chapter 84 Appendix A and B (Use Table and Dimensional requirements chart) per Planning Board letter dated 5/22/17 for Regular Board meeting July 17, 2017 at 6 PM.

2nd: Walt Lane

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

Supervisor: Jack Wilson gave report and acknowledged the work Clyde Nellis was doing on reconciling the town’s books. Salt Shed was paid off.

Contractor Law: Law was drafted in 2012 for contractors working in the town to register annually. Law would ensure contractors were insured and had permits. T. J. Bradt stated law might help keep “gypsy contractors” from scamming elderly. Counsel will review law. Walt Lane suggested making it simpler. Don Van Deusen questioned what contractors would be included.

Leah Everhart, attorney, stated the small claims case that was to be heard in City of Johnstown Court was dismissed.

Re: Signs: Board has authority to adopt moratorium, but might not be best. Board can edit or change sign laws and the Zoning Board interprets the law. Council can amend if they disagree with Zoning Board. Four parcels are affected by the decision made by Zoning Board that monument signs are structures. Law states one sign per property, but where monument sign is there can also be a billboard now. LED signs are allowed throughout the town per Zoning Board decision. Jack Wilson acknowledged LED signs are here to stay, but need to be regulated for glare and speed of changes. Ryan Fagan will consult with Leah Everhart on monuments signs. Leah says Town Board needs to make their wishes known if they still want only one sign per parcel. Daryl Baldwin stated one sign per lot and variance needed for second sign. Ryan Fagan said zoning rules for signs is overly complicated and needs revision. Ryan said the Town Board can defer to Planning Board for recommendations, but Leah still feels Town Board should decide what they want in Law first.

Agreement with Broadalbin for sharing of Animal Shelter services was discussed. Jack Wilson stated he, Tom Christopher, Broadalbin Supervisor, Nancy Hart, Johnstown ACO and Dale Potts, Broadalbin DCO met to discuss options. Jack stated costs of shelter should be shared 50/50. Daryl Baldwin asked if that included Nancy Hart’s salary for managing shelter. Jack stated he will see Tom Christopher to discuss further.

Tire Issues on Rte. 67: Ryan Fagan stated there are 1,000 to 1,500 tires on property which is now vacant. Tires are currently not worth anything. Town Counsel stated Supreme Court action should be taken by town to remedy, but would cost the town. Supreme Court could order tires removed in a timely manner and add cost to tax bill on property. Tim Rizzo suggested Health Officer, Fire Chief and Ryan Fagan go to assess situation and what options might be looked at to remedy.

Res. 2017-65: Motion made by Daryl Baldwin to approve purchase and installation of shelter fencing for runs on both sides of the shelter from Custom Woodcrafters for $9,600.00 with deposit of half to be paid up front.

2nd: Jack Wilson

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

Motion to pay bills made by Walt Lane

2nd: Daryl Baldwin

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

8:23 PM Motion to go into executive session made by Jack Wilson for contract discussion.

2nd: Walt Lane

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo

9:27 PM motion to adjourn made by Tim Rizzo

2nd: Daryl Baldwin

Ayes: Jack Wilson, Walt Lane, Daryl Baldwin, Don Van Deusen, Tim Rizzo