REGULAR MEETING, MALTA TOWN BOARD, AUGUST 4, 2014 TOWN OF MALTA TOWN BOARD MEETING

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1 TOWN OF MALTA TOWN BOARD MEETING Minutes of the Regular Meeting of the Town Board of the Town of Malta held August 4, 2014, at the Town Hall beginning at 7:00p.m. BOARD MEMBERS AND ELECTED OFFICIALS PRESENT: Paul Sausville, Supervisor; Flo E. Sickels, Town Clerk; Councilperson Maggie Ruisi; Councilperson Tara Thomas; Councilperson Peter Klotz; Councilperson John Hartzell; Deputy Supervisor Craig Warner. OTHERS PRESENT: Tom Peterson, Town Attorney; Kevin King, Comptroller; Audrey Ball, Parks and Rec.Dir; Roger Crandall, Highway Superintendent; Tony Tozzi, Building & Planning Coordinator; Marian Crandall; Carol Henry; Dave Meager; Ellwood Sloat; Tim Downey; Barbara Connor; Carol and Frank Bradley: Thomas and Matthew Smith: Kathleen Eitzmann and Lynda Bablin. PRESENTATION: Global Foundries-Town of Malta Foundation Glenn Rockwood Update- The Global Foundation is three years now and gave away $150, this past year. The next ceremony for grant recipients for 2014 will be held on Dec. 16 th at 4pm. at the Malta Community Center. Applications are being taken now. The date of Oct. 16 th is the deadline for applications. Dave Thanked the Board for the appointment to the Global Foundation Board. There has to be a benefit to Malta citizens at some point in the application. The bylaws state there has to be a benefit someway. The Regular Meeting was opened by Supervisor Sausville at 7:05 p.m. with the Salute to the Flag followed by Silent Prayer. Motion was made by Councilperson Hartzell, seconded by Councilperson Ruisi to approve the minutes of July 7, 2014 as submitted by the Town Clerk. Motion carried. COMMENTS AND/OR QUESTIONS FROM TOWN RESIDENTS: 1. Woody Sloat 513 informed residents signed a petition for a single intersection, not roundabouts. I would like to inform the three board members and the Supervisor that we will not forget this. 2. Kevin- Custodian position. Pay scale is $12.63 for minimum rate. Recent events are that neighboring towns have a rate of $15.63 for this position. I would like to move the rate to $14.50 for a starting rate of the Custodial position. REPORTS FROM TOWN OFFICIALS: A. Assessor Rae-Lyn Dussault No Report submitted. B. Building Dept.-Anthony Tozzi - Permits Issued 31 Fees Collected $105, C. Comptroller- Kevin King - Report on file in the Town Clerk s Office. D. Animal Control Dominick Refino Calls 60 approx. Tickets 4- Dog & Cat Bites- 10 E. Town Clerk- Flo Sickels - Report on file in the Town Clerk s Office. F. Web Master Candace Schmidt No report submitted. G. Parks, Rec & Bldgs. Audrey Ball-Report on file in the Town Clerk s Office. H. Historian Paul Perreault No report submitted. I. Justice Court No report on file in the Town Clerk s Office. J. Highway Roger Crandall Highway Superintendent OFFICE WORK: Project/paving pricing and worksheets Pricing and ordering supplies and signs CHIPS paperwork submitted for reimbursement from NYSDOT Met with Army Corp for Bellflower work ROADWORK and GROUNDS MAINTENANCE PERFORMED: Sign work continues Sweeping roads Roadside mowing Storm clean-up Helped haul pavement for Charlton Catch basin repairs (Village View, Silver Beach, Saratoga Village, Hills, Old Post)

2 Continual checking and cleaning of screens/pipes on roads and beaver activity Old Post Road Major Culvert work completed Village View Sinkhole/culvert pipe replaced and near completion Chazen started work on Bellflower GARAGE WORK PERFORMED: Building Dept. Dodge serviced and inspected Parks F150, JD755, Cub cadet, blue Dodge, JD430 & Jacobsen 311T serviced New sweeper inspected and prepped Solar Road Sign serviced OTHER: ~Would like to have security cameras around the perimeter of the highway area ~ Completion of new garage (finish offices, lunchroom, bathrooms and locker area) ~ Add a mechanic to our workforce to keep up with our aging equipment. ~ Form Based Code OLD BUSINESS: RESOLUTION #133- August 4, 2014 LUTHER FOREST ATHLETIC FIELDS - AWARD CONSTRUCTION BID Motion by: Councilperson Ruisi WHEREAS the Town Board of the Town of Malta in August 2010 adopted a Revised Capital Planning Report Implementation Strategy which included the development of POD 18 in the LFTC Campus as a ball field complex; and WHEREAS upon recommendation of the Director of Parks, Recreation and Human Service and the Malta Athletic Association, the Town Board agreed to move forward with planning building(s) to provide restrooms, concession services and storage for the Luther Forest Athletic Fields and possible field expansion; and WHEREAS the Town Board retained the services of the LA Group to master plan, design and provide construction over-sight for the Luther Forest Athletic Fields; and WHEREAS the Town Board of the Town of Malta has previously established the LFTC Recreation Field Capital Project Budget; and WHEREAS the Town Board of the Town of Malta amended the LFTC Recreation Field Capital Project Budget in the amount of $70,000 for further design services; and WHEREAS the Town Board of the Town of Malta amended the LA Group Inc. contract in the not - to - exceed amount of $7,500, billed at existing hourly rates set forth in the contract, to provide concept level schematic design services, including a concept level budget and schedule for the project; and WHEREAS the Town Board of the Town of Malta amended the LA Group Inc. contract in the not - to - exceed amount of $62,500, billed at existing hourly rates set forth in the contract, to provide concept detailed design and other necessary services in order for the Town of Malta to bid the project as set forth in the Town Board Presentation dated January 27, 2014; and WHEREAS the project has solicited and received bids in accordance with general municipal law to construct the project; and

3 WHEREAS the LA Group and the Director of Parks, Recreation and Human Services have reviewed the bids and has recommended the bids be awarded which have been determined to be the lowest bids submitted that conformed to the specifications as follows : General Construction - Trinity Construction, Inc. Base Bid $748,473 Alternate # 4 $298,800 Plumbing Trinity Construction Base Bid $114,733 Alternate #1 $ 50,000 Electric Arcon Base Bid $ 44,900 Alternate #1 $ 18,500 Total Bids Awarded $1,275,406 Now therefore, be it RESOLVED that the Town Board of the Town of Malta does hereby accepts the aforementioned bids for the Luther Forest Athletic Field Expansion Project, and be it further RESOLVED that the Town Supervisor of the Town of Malta be and hereby is authorized and directed to execute any documents relative to the said project as may be appropriate and be it further RESOLVED that the Town Board of the Town of Malta increases the LFTC Park Project Capital Project by $1,275,406 which will be funded as follows: 15% LFTC Recreation Mitigation Fees $ 191,310 15% Townwide GEIS Recreation Mitigation Fees $ 191,310 Park Reserve $ 800,000 Unassigned Fund Balance $ 92,786 Total funding sources $1,275,406 The 15% from Town-wide GEIS Recreation Mitigation fees will have to initially come from the Town s part-town unassigned fund balance until additional recreation mitigation fees are paid by developers. AND BE IT FURTHER RESOLVED that this resolution is subject to permissive referendum as provided by General Municipal Law Section 6-c and that this resolution shall not take effect (1) for thirty days, or (2) until approval by the affirmative vote of a majority of the qualified electors of the Town of Malta voting on a proposition, if within thirty days hereafter there be filed with the Town Clerk a petition signed and acknowledged or provided or authenticated by electors of the Town of Malta qualified to vote upon a proposition to raise and expend money in number equal to at least 5% of the total vote cast for governor in the Town of Malta at the last general election held for the election of state officers but which shall not be less than one hundred persons. ADOPTED: VOTE - AYES 4 NAYS 1 Councilperson Hartzell

4 NEW BUSINESS: RESOLUTION #134 August 4, 2014 AUTHORIZE EXTENSION OF DOG ENUMERATION PROGRAM Seconded by: Councilperson Ruisi WHEREAS the Malta Animal Control officer requested to initiate a Dog Enumeration Program in 2014 to ensure all dogs in the Town of Malta are licensed and have updated rabies vaccinations; and WHEREAS the Town Board of the Town of Malta by Resolution #6 dated January 6, 2014, initiated said Dog Enumeration Program and budgeted $1,000 in the 2014 Town Budget in additional Animal Control Deputy payroll toward this pilot program; and WHEREAS to date, the Animal Control Officer has reported substantial additional dog licenses have been processed through the Dog Enumeration Program; and, therefore, is requesting to continue with the program; now, therefore be it RESOLVED that the Town Board of the Town of Malta wants to reinvest revenues received to continue said program for the remainder of the year; further that the Town has received additional revenues of approximately $2,000 and, therefore increases the Animal Control Officer s 2014 budget in the amount of $2,000; and further RESOLVED that the Malta Animal Control Officer is to provide to the Town Board periodic progress reports charting the progress of the Dog Enumeration Program informing Board Members of the number of unlicensed dogs registered, the number of houses visited, the streets of the Town which have been visited and the number of hours actually worked by the Animal Control Officer and his deputies. ADOPTED: VOTE - AYES 5 NAYS 0 RESOLUTION #135 August 4, 2014 AMEND CHAPTER 139 STREETS & SIDEWALKS - DEFINITION FOR MAINTENANCE OF SIDEWALKS Motion by; Councilperson Hartzell Seconded by: Councilperson Klotz WHEREAS the Town Board of the Town of Malta wishes to clarify of the Code of the Town of Malta to make clear that the term Business Owners includes owners of apartments houses as that term is defined in Chapter 167; now, therefore, it is RESOLVED that the Town of Malta proposes enactment of the local law annexed hereto amending the term Business Owners in the form set forth below; and it is further RESOLVED that the Town Board of the Town of Malta names itself as lead agency for purposes of administration of the State Environmental Quality Review Act; and it is further RESOLVED that the Town Board of the Town of Malta will hold a public hearing to consider amendment of the definition of Business Owner in Town Code to read: Owners of real property who are persons (including corporations, partnerships and trusts) engaged in conducting business on that real property, including such business activities as retail business, restaurant and apartment houses, as the same are defined in Chapter 167, on the 3 rd day of September, 2014 at 7:25pm, at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020, and at which hearing all persons desiring to be heard will be heard.

5 PUBLIC NOTICE TOWN OF MALTA PUBLIC NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Malta will hold a public hearing to consider amendment of the definition of Business Owner in Town Code to read: Owners of real property who are persons (including corporations, partnerships and trusts) engaged in conducting business on that real property, including such business activities as retail business, restaurant and apartment houses, as the same are defined in Chapter 167, on the 3 rd day of September, 2014 at 7:25pm, at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020, and at which hearing all persons desiring to be heard will be heard. Dated: August 4, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MALTA ADOPTED: VOTE - AYES 5 NAYS 0 FLO E. SICKELS, TOWN CLERK RESOLUTION #136 August 4, 2014 SUPPORT SARATOGA COUNTY FARMLAND AND OPEN SPACE FUND FOR 2015 WHEREAS, the Saratoga County Farmland and Open Space Fund has saved thousands of acres of farmland, ecological areas and outdoor recreational resources that are important to our residents; and WHEREAS these initiatives are supported by the Saratoga County Green Infrastructure Plan and the Town of Malta s comprehensive, GEIS, open space, agricultural and recreation plans; and WHEREAS this funding helps the Town of Malta and other communities leverage state and federal funds resulting in an economic advantage to the people of Saratoga County; and WHEREAS the restoration of this funding directly supports priorities identified in the Saratoga County Economic Development Strategic Plan; now, therefore be it RESOLVED, that the Town Board of the Town of Malta supports the restoration of the Saratoga County Farmland/Open Space Protection Grant Program at a level of $500,000 for the fiscal year of ADOPTED: VOTE - AYES 5 NAYS 0 RESOLUTION #137 August 4, 2014 STIPULATION OF SETTLEMENT MARK TERRELL-2787 Route 9 & 2795 Route 9 Motion by: Councilperson Klotz WHEREAS, Mark Terrell and the Town of Malta are desirous of having certain assessment issues resolved as to property owned by Mark Terrell in the Town of Malta, and WHEREAS, a settlement proposal resolving pending tax ce1iiorari litigation was recommended by Daniel G. Vincelette, PC, trial counsel to the Town of Malta, and reviewed by the Malta Town Board at its regular monthly meeting, and

6 WHEREAS, such a proposed settlement would present the parties with an expeditious and economic alternative to further litigation so as to resolve issues between the parties, and WHEREAS, the Town Board has determined that the proposed settlement is in the best interests of the Town; now THEREFORE BE IT RESOLVED that the Town Board does hereby accept a proposed settlement for the 2013 tax certiorari proceeding filed by Mark Terrell in which the 2013 assessed value of the parcel at issue shall be reduced as follows: Tax Year Address Parcel SBL Assessed Value New A/V Route $620,000 $520, Route $164,500 $125,000 Petitioner shall be entitled to a refund of excess taxes, waiving statutory interest, consistent with the provisions of the Real Property Tax Law; and it is further RESOLVED, that the Town Board does hereby adopt this resolution to end the litigation between Mark Terrell and the Town of Malta as to the above referenced assessment ADOPTED: VOTE - AYES 4 NAYS 0 Councilperson Hartzell- Recused himself from the vote due to a conflict. RESOLUTION #138 August 4, 2014 STIPULATION OF SETTLEMENT JENNIFER CLEARY 131 Dunning St. WHEREAS, Jennifer Cleary and the Town of Malta are desirous of having certain assessment issues resolved as to property owned by Jennifer Cleary in the Town of Malta, and WHEREAS, a settlement proposal resolving pending tax certiorari litigation was recommended by Daniel G. Vincelette, PC, trial counsel to the Town of Malta, and reviewed by the Malta Town Board at its regular monthly meeting, and WHEREAS, such a proposed settlement would present the parties with an expeditious and economic alternative to further litigation so as to resolve issues between the parties, and WHEREAS, the Town Board has determined that the proposed settlement is in the best interests of the Town; now THEREFORE BE IT RESOLVED that the Town Board does hereby accept a proposed settlement for the 2013 tax certiorari proceeding filed by Jennifer Cleary in which the 2013 assessed value of the parcel at issue shall be reduced as follows: Tax Year Address Parcel SBL Assessed Value New A/V Dunning Street $395,000 $250,000 Petitioner shall be entitled to a refund of excess taxes, waiving statutory interest, consistent with the provisions of the Real Property Tax Law; and it is further

7 RESOLVED, that the Town Board does hereby adopt this resolution to end the litigation between Jennifer Cleary and the Town of Malta as to the above referenced assessment. ADOPTED: VOTE - AYES 4 from the vote due to a conflict. NAYS 0 Councilperson Hartzell- Recused himself RESOLUTION #139 August 4, 2014 RESCHEDULE SEPTEMBER TOWN BOARD MEETING IT IS RESOLVED that the September, 2014 Town Board Meeting of the Town of Malta due to a holiday conflict will be held on WEDNESDAY, SEPTEMBER 3, 2014 at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York at 7:30 p.m. ADOPTED: VOTE - AYES 5 NAYS 0 RESOLUTION #140 August 4, 2014 APPROVE CUSTODIAN SALARY Seconded by: Councilperson Klotz UPON THE RECOMMENDATION OF THE TOWN COMPTROLLER, IT IS RESOLVED that the base pay for a custodian/maintenance position is amended to $14.50 per hour. ADOPTED: VOTE AYES 5 NAYS - 0 RESOLUTION #141 - August 4, 2014 BUDGET AMENDMENTS/TRANSFERS AND COMPTROLLER S REPORT Motion By: Councilperson Hartzell Seconded By: Councilperson Thomas WHEREAS, the Town Comptroller has submitted his Comptroller s Report which identifies the disbursements for the Town; and WHEREAS the Town Board of the Town of Malta has adopted the 2014 Town Budget; and WHEREAS the Town Board of the Town Board of Malta desires to amend the 2014 Town Budgets for estimated revenues and appropriations and amend budgetary appropriations between department and intradepartment line items; now, therefore, be it RESOLVED that the Town Board of the Town of Malta hereby authorizes the 2014 Town-wide General Fund and Part-town General Fund to be amended as follows: Increase Youth Other Costs A $ 400 Decrease Youth Insurance A $ 400 Increase Emergency Preparedness Contractual A $ 500 Decrease Ambulance Service Award Contractual A $ 500 Increase Planning Aid(CDTC Route 9 Reconfiguration Study) B4089 $ 30,000 Decrease Contingency B $ 8,000 Decrease Planning Attorney B $ 2,000 Increase Planning Engineering B $ 40,000 Increase Park Maintenance B $ 2,000 Decrease Park Contractual B $ 2,000 Increase Community Center Equipment A $ 1,500 Decrease Community Center Maintenance A $ 500

8 Decrease Community Center Miscellaneous A $ 500 Decrease Community Center Programs A $ 500 Increase Town Board Miscellaneous A $ 750 Decrease Town Board Travel A $ 750 Increase Highway Engineering A $ 600 Decrease Highway Superintendent Contractual A $ 600 Claims Paid 7/16/14 General Town Wide $ 103, General Part Town $ 7, Part Town Highway $ 286, Round Lake Road Corridor Project $ 12, LFTC Park Project $ 5, Claims Paid 7/30/2014 General Town Wide $ 85, General Part Town $ 129, Part Town Highway $ 31, Round Lake Preserve Project $ 6, ADOPTED: VOTE AYES 5 NAYS - 0 COMMENTS: There were no comments to report. There being no further business to come before the Board, motion was made by Councilperson Hartzell, seconded by Councilperson Thomas to adjourn the Regular Town Board Meeting at 7:33p.m. Motion carried unanimously. Respectfully Submitted, Flo E. Sickels, Town Clerk *This meeting has been recorded for future reference.