JOHNSTOWN REGULAR BOARD MEETING

NOVEMBER 19, 2018
Meeting Opened: 6:04 PM

Present: Daryl Baldwin,Jack Wilson, Walt Lane, Tim Rizzo, Clyde Nellis, Nancy Hart, Jim Corbett, ArtPosluszny, Karen Ryder, Greta Davis, Lean Everhart Kelly Bradt, WENT reporter,Leader reporter, Jessica Waldorf.

Public Comment:

Jim Corbett: Aspen Hills water leak issue still notresolved after several years. Currentowner purchased in 2010, why didn’t he get charged since leak occurred on hisland? Leah Everhart, Counsel , said townhas discussed every angle or recourse. Walt Lane suggested Aspen residents hire private attorney to go afterwho they feel is responsible. Tim Rizzo asked Leah Everhart if town could goafter City of Johnstown for breach of contract. Leah said limit is 6 years for breach of contract lawsuit.

Art Posluszny: Questioned where the leak was located. Walt Lane said most probably at a shut off in the middle of a pipebetween Rte. 67 and the back of the property. Mr. Posluszny stated if no permits were issued to install piping it wasan illegal connection and a criminal act.

Jim Corbett: Stated Nancy Mac Vean and President of theWater Dept. both knew and never did anything for 2 billing periods. Daryl Baldwin stated the full board was unawareof the issue for 3 billing periods.

Karen Ryder: Complaint about snow plowing done on Holly Lane by Pick Up truck thatonly made a single pass up the road leaving a 2 foot blockage at end ofroad. Jack Wilson explained a hydraulichose broke on the truck and had to be repaired and then the plowing wasfinished. Plowing with Pick Up was justto make road passable.

Motion made by WaltLane to approve minutes of last regular meeting.

2nd: TimRizzo

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

REPORTS:

HIGHWAY: T. J.Bradt Absent

CODES: Attached

ASSESSOR: Attached

CLERK: Attached

ANIMAL CONTROL: Attached

JUSTICE: Attached

COUNCIL;

Tim Rizzo: Two year term of appointment for Highway Supt.instead of having position elected. LeahEverhart says can change to appointed position , but must have PublicReferendum with more than 50% vote for it.

Highway Supt. position should have certaincredentials. Would like to have amanager appointed and top 2 union foremen would do actual jobs. Leah Everhart said Dept. structure can’t bechanged, only can change from elected to appointed position.

Jack Wilson feels by appointing the Highway Supt. youwould add level of management and cost more money in taxes.

Tim Rizzo would like physical exams pertinent to hiringHighway men to ensure job can be done. Jack Wilson agreed that individuals should be required to be physicallycapable of position hired for.

Tim Rizzo brought up 9-4 hours of operation of Town Hallnot allowing for lunch break. Jackstated no lunch breaks are taken, but worked through. Tim would like one day a week to be openedlater in evening and ½ hour lunch break added to the day.

Tim asked Leah Everhart about status of bill to amendlabor law.

Tim also asked what was going on with Hales MillsProject. Jack Wilson said looking forJanuary 2019 for property assessments being done. Jack Wilson is also looking into getting Citywater and Sewer for Town Hall, hoping to connect to existing district from acroosstreet at the Municipal Complex.

SUPERVISOR’S REPORT:

Received from Justice $34,085.00

Received from Town Clerk $ 2,007.00

3rd Qtr. Sales $325,469.00

Town Hall Payroll $31,574.00

Town Hall Expenses $56, 308.00

Highway Payroll $34,178.00

Highway Expenses $ 79,384.00 (33,756.00 was purchase ofsalt)

NYPA (NY PowerAuthority) representative Jessica Waldorf gave presentation on Street lightchange over to LED. Proposal attached.

Street Lighting ishighest utility bill for town. NationalGrid offering rebates on fixtures and NYPA will apply for them for the town.

Leah Everhart willreview the proposed contract.

Purchase of LawnTractor: Jack Wilson got price quotes for a John Deere for $4,427.00 and a CubCadet for $5,400.00 + $1,010.00 for mower deck. Tim Rizzo feels should stay closer to the $1,500.00 that wasbudgeted. Walt Lane feels those tractorsare more than is needed for the amount of lawn to be mowed. Jack stated we have till Spring to decide onwhat to do.

Jack asked about addingCyber Security to current town insurance policy.

RES. 2018-95: Motion made by Daryl Baldwin to add CyberSecurity rider to current NYMIR policy at cost of $484.00.

2nd: WaltLane

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

State Forms for SexualHarassment: NYS requirement needed byemployers. Leah Everhart stated NYSforms were tweaked for Town use.

Res. 2018-96: Motionmade by Jack Wilson to adopt NYS forms and guidelines as prepared by the townattorney on sexual harassment for Town use.

2nd: TimRizzo

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

Jack Wilson said thetire situation and removal of tires on Rte. 67 is expected to be started weekof November 26th.

Dump StickerReplacement: Jack Wilson brought upissue of residents getting new vehicles or having windows broken needingreplacement stickers and waiving the fee for those.

Res. 2018-97: Motion made by Jack Wilson to waive fee onreplacement stickers if new vehicle registration is presented or receipt forrepair of window is presented.

2nd: DarylBaldwin

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

Proposed EasementAgreement for Maple Ave. Solar Farm.

Res; 2018-98: Motions made by Walt Lane to accept theconveyance of easement over Town Lands to Niagara Mohawk Power Corporation perEasement Document provided by Town Attorney.

2nd: TimRizzo

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

Res. 2018-99: Motion made by Jack Wilson to continue usageof County Landfill and Rte. 29A transfer station, including recycle bins, andto allow Jack to sign contract.

2nd: DarylBaldwin

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

Daryl Baldwin isstepping down as Deputy Supervisor and Jack Wilson is requesting that Walt Lane, who will be replacing him, be allowed to be put on signature card at bank.

Res. 2018-100: Motion made by Jack Wilson to appoint WaltLane Deputy Supervisor starting in 2019 and to allow Walt to go to bank tochange signatures for town account.

2nd: DarylBaldwin

Ayes: Jack Wilson DarylBaldwin, Tim Rizzo

Abstained: Walt Lane

Outdoor Court Camerasare to be included in Court Grant.

Motion to pay bills byTim Rizzo

2nd: WaltLane

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

8:20 PM Motion to gointo Executive session for Tax litigation made by Jack Wilson

2nd: DarylBaldwin

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

9:00 PM Motion to goout of executive session made by Jack Wilson

2nd: DarylBaldwin

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane

9:03 PM Motion to adjournmade by Walt Lane

2nd: DarylBaldwin

Ayes: Jack Wilson, TimRizzo, Daryl Baldwin, Walt Lane