MALTA TOWN BOARD MEETING August 6, :00 PM Malta Town Hall

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1 MALTA TOWN BOARD MEETING August 6, :00 PM Malta Town Hall ELECTED OFFICIALS PRESENT: Supervisor Vincent DeLucia, Councilwoman Cynthia Young, Councilman Tim Dunn, Councilman John Hartzell, Town Clerk Jennifer Holmes, Highway Superintendent Roger Crandall OTHERS PRESENT: Comptroller Kevin King, Building & Planning Coordinator Jaime O Neill, Acting Director of Parks & Recreation Alyssa Benway, Deputy Supervisor Darren O Connor, Town Attorney Tom Peterson, Town Historian Paul Perrault ABSENT: Councilman Craig Warner PUBLIC PRESENT: Woody Sloat, Tim Downey, Marian Crandall, Murray & Kathy Eitzmann, Tomas Gomec, & Mark Hammond SALUTE TO FLAG AND SILENT PRAYER: 6:00 PM REPORT FROM DEPUTY SUPERVISOR, DARREN O CONNOR: August 15 th is the last Summer Series Concert, featuring Annie and the Hedonists. This Wednesday the 8 th the Puppet People will be performing the Wizard of Oz at the Shenantaha Creek Park (funded by the Town of Malta Global Foundries Foudation). The fall 2018 Malta Parks, Recreation and Human Services The Guide has been mailed to residents. The Governor has signed a new bill sponsored by Senator Tedisco and Assemblywoman Woener that deems Round Lake an inland waterway. The legislation will help the Village of Round Lake and the town of Malta secure federal and state grants for waterfront revitalization and environmental protection efforts. The first Economic Development open forum will be held Tuesday evening the 7 th at the Village of Round Lake Community Room headed by Councilman Dunn. REPORTS FROM TOWN OFFICIALS & DEPARTMENT HEADS: Animal Control Officer David Brown updated the TB with the year- to- date number of registered dogs as being 1,079. April through June the wildlife calls that come into animal control are directed to DEC Officers. Animal Control Officers are not authorized to respond to wildlife. In June, a female victim called the NYS Troopers with a dog attack; two dogs broke into her house and injured her dog. The injured dog had to be treated at Cornell College of Veterinary Medicine due to the extensive injuries. A vet bill that exceeded $5, The NYS Troopers called Dave Brown to look into the case. With extensive research an arrest was made using outside surveillance cameras that had recorded to two dogs at large at the time of the incident. The footage led to the owner and the dogs. The Supervisor added that incredible improvements have been made since David Brown and Anthony Pirrone have been appointed as Animal Control Officers. COMMENTS OR QUESTIONS FROM TOWN RESIDENTS: Kathy Eitzmann wearing her Malta Seniors hat said that the meeting for the seniors held today had Matthew Goodmont as a guest speaker. The senior trip to Lancaster PA heads out tomorrow morning with 43 attendees. She also thanked the TB for all of their support. ACCEPT MINUTES OF 07/23/2018: Motioned by: Councilman Dunn Seconded: Councilwoman Young OLD BUSINESS: Discussion-Legal expertise Re; Saratoga Water Services (SWS) Proposal Councilman Timothy Dunn recused himself from the discussion of a proposal presented by SWS attorney and a proposal from Chazen that was enlisted by the Town of Malta. Efforts to provide water to Maltaville has been an arduous task that Councilman Warner (Chairman) and the Malta Sewer and Water Feasibility Committee has prioritized as one of towns most significant tasks. The TB discussed their opinions on bringing in a legal expert to focus solely on the two proposals in order to make a decision on what is Best for the

2 town and residents of Maltaville. The proposal put forth by SWS attorney stated that it would be a cost savings up to 41%. The TB agrees saving money for residents is a priority but is the proposal put forth by SWS needs expert analysis on the legalities that are required under NYS municipal law 101 Wicks Law. Councilman Hartzell expressed his opinion that SWS should fund the outside council being that the confidence that they hold in their proposal and that SWS stands to gain financially. The TB members were in agreeance that an outside council with legal expertise in municipal projects, funding, and experience in the legalities of proposal by SWS. Town Attorney Tom Peterson agreed that it behooves us to do homework before taking on risk. Supervisor DeLucia said he would contact SWS and Saratoga County Prosperity for Partnership to share the discussion of this evenings meeting. RESOLUTION NO 124 AUGUST 6, 2018 ACCEPT COMPTROLLER S JUSTICE COURT REPORTS WHEREAS Section 2019-a of the Uniform Court Act requires that town justices annually provide their court records and dockets to the Town and that such records then be examined; and WHEREAS the Town Board of the Town of Malta has delegated the review of the court records to the Town Comptroller; and WHEREAS the Town Comptroller has completed a review of the court records of Justice Fauci & Justice Gottmann and prepared a report relating to said review, a copy of which is on file in the Town Clerk s office; now, therefore be it RESOLVED that the Town Board of the Town of Malta hereby accepts the Town Comptroller s report relating to the review of the court records of Justice Fauci & Justice Gottmann and directs the Town Comptroller to file said report with the New York State Office of Court Administration. RESOLUTION NO 125 AUGUST 6, 2018 ADOPT DEBT COMPLIANCE REPORT IT IS RESOLVED that the Town Board of the Town of Malta hereby formally adopts the attached Debt Compliance Policy. Town of Malta Debt Compliance Policy The following policy is hereby enacted to ensure continuing compliance with all applicable provisions of the IRS Code and Treasury Regulations regarding the issuance of tax-exempt bonds. Purpose of Policy The Town issues tax-exempt bonds from time to time to finance various capital improvements. As an issuer of such tax-exempt bonds, the Town is required by the Internal Revenue Code of 1986, as amended, (the Code ) and regulations promulgated by the United States Treasury Department to take certain actions subsequent to the issuance of such bonds to ensure the continuing tax exempt status of the bonds. The Town recognizes that compliance with applicable provisions of the Code and Treasury Regulations is an on-going process, necessary during the entire term of a bond issue, and is an integral component of the Town s overall debtmanagement responsibilities. These requirements apply equally to capital leases. Accordingly, the implementation of these requirements will require on-going monitoring and consultation with Town Bond Counsel. Issuance

3 The Town Board shall approve the terms and structure of bonds issued by the Town. Such bonds shall be issued in accordance with United States Treasury Department Regulations, the Internal Revenue Code of 1986, as amended, and State statutes. Specific post-issuance compliance procedures are addressed below. General Procedures The following guidelines will be used to monitor compliance with post-issuance requirements: 1. The Town Comptroller shall serve as the Compliance Officer and shall be the person primarily responsible for ensuring that the Town successfully carries out its post-issuance responsibilities. The Compliance Officer shall be assisted by the following persons or entities: a. Town Attorney b. Town Clerk c. Bond Counsel d. Financial Advisor e. Paying Agent f. Rebate Specialist 2. The Compliance Officer shall be responsible for assigning post-issuance responsibilities to other staff, Town Attorney, Town Clerk, Bond Counsel, the Financial Advisor, the Paying Agent and the Rebate Specialist, and shall utilize such other professional services as are necessary to ensure compliance with all post-issuance requirements. 3. The Compliance Officer shall verify that the following post-issuance actions have been taken on behalf of the Town with respect to each issue of tax-exempt bonds: a. Ensure that a full and complete record for the principal documents of each issue has been completed by Bond Counsel and the Financial Advisor; b. Ensure that the Internal Revenue Service (IRS) forms 8038 are properly filed with the IRS by Bond Counsel within the time limits imposed by Section 149(e) of the Code; c. Account for the allocation of the proceeds of the tax-exempt bonds to expenditures as required by the Code; d. Coordinate receipt and retention of relevant books and records with respect to the investment and expenditures of the issue proceeds; e. Identify proceeds of tax-exempt obligations, in consultation with Bond Counsel and the Financial Advisor, that are yield-restricted and monitor the investments of any yield-restricted funds to ensure that the yield on such investments does not exceed the bond yield to which such investments are restricted; f. Determine, in consultation with Bond Counsel and the Financial Advisor, whether the Town is subject to the rebate requirements of Section 148(f) of the Code and related Treasury Regulations with respect to each issue of the Town. The Compliance Officer shall contact a Rebate Specialist, as required, prior to the fifth anniversary of the date of issuance of each issue and each fifth anniversary thereafter until the obligation has matured to arrange for calculation of the rebate requirements, as needed, to be paid by the Town. If any rebate is required to be paid to the IRS, the Town Compliance Officer will file Form 8038-T, along with the required payment. g. Shall monitor the use of all financed facilities in order to determine whether private business uses of financed facilities have exceeded the de minimums limits set forth in Section 141(b) of the Code (generally a value or benefit equal to 10% of issue proceeds) that pro-vide special legal entitlements to non-governmental persons. 4. The Compliance Officer and/or Town Clerk shall collect and retain the following records with respect to each issue of tax-exempt obligations and with respect to the facilities financed with the proceeds of such Obligations: a. Audited financial statements of the Town; b. Appraisals, surveys, feasibility studies, if any, with respect to the facilities to be financed with issue proceeds; c. Trustee or Paying Agent statements; d. Records of all investments and the gains (or losses) from such investments; e. Expenditures reimbursed with the issue proceeds; f. Allocation of issue proceeds to expenditures (include cost of issuance) and the dates and amounts of each expenditure (including requisitions, draw down schedules, invoices, bills and cancelled checks as related to each expenditure); g. Construction or renovation contracts for financed facilities or projects; h. An asset list of all tax-exempt financed depreciable property and sales of tax-exempt financed assets; i. Arbitrage rebate reports and records of rebate and yield reduction payments, if any; j. Orders, Resolutions and other actions, if any, adopted by the Town subsequent to the date of issue of the obligations; and k. Relevant correspondence relating to such bonds. 5. The records collected by the Town shall be stored in any format deemed appropriate by the Compliance Officer and shall be retained by the Town Comptroller and/or Town Clerk for a period equal to the life of the tax-exempt obligations, including the life of any obligations issued to refund obligations, plus three (3) years. 6. In addition to its post-issuance compliance requirements under the Code and Treasury Regulations, the Town has agreed to provide Continuing Disclosure, such as annual financial in-formation and material event notices. The continuing disclosure obligations are governed by the Continuing Disclosure Documents and by the terms of Rule

4 15c2-12 under the Securities and Exchange Act of 1934, as amended and officially interpreted from time to time. The Town s Compliance Officer with the assistance of its Financial Advisor are responsible for complying with these requirements. RESOLUTION NO 126 AUGUST 6, 2018 ROUTE 9 COMPLETE STREETS - ACCEPT DESIGN SERVICE PROPOSAL Motioned by: Councilman Dunn Seconded: Councilwoman Young WHEREAS the Town of Malta received the Feasibility Assessment of Reconfiguring US Route 9 in the Core Downtown Area as a Complete Street Report, of MJ Engineering and Land Surveying; and WHEREAS the Town of Malta desires to reconfigure a portion of Route 9 (approximate project limits from Stonebreak Road to Route 67 West) as a complete street using available monies from New York State Multi-Modal grants, mitigation fees and Town funds; and WHEREAS the Town of Malta solicited, received and reviewed proposals to perform engineering design and construction management services for said project; now, therefore, it is RESOLVED that the Town Board of the Town of Malta accepts the proposal of Creighton Manning Engineering in an amount not to exceed $349,048 (1) for said project and authorizes and directs the Town Supervisor and Town Comptroller take the necessary steps to move the project forward with said funding for the design and inspection services to be funded with available Multi-Modal grants, mitigation fees and Town resources. (1)Said fee does not include right of way acquisition RESOLUTION NO 127 AUGUST 6, 2018 AUTHORIZE HISTORICAL INFORMATIONAL MARKER RENSSELAER & SARATOGA RAILROAD - ZIM SMITH TRAIL/SHENANTAHA CREEK PARK Motioned by: Councilman Dunn Seconded: Councilwoman Young WHEREAS the Historic Preservation Review Commission has requested that an historic informational marker, with permission granted by the County of Saratoga, be placed along the side of the path near the entrance to the Shenantaha Creek Park located on the Zim Smith Trail as presented to the Town Board of the Town of Malta in a memorandum from the Town Historian on behalf of the Malta Historic Preservation Review Committee (HPRC) dated the 15 th of June, 2018; and WHEREAS the historic informational marker will read as follows: Now, therefore be it RENSSELAER & SARATOGA RAILROAD TROY TO BALLSTON SPA THIRD RAILROAD CHARTERED IN NEW YORK STATE 1832 RESOLVED that the Town Board of the Town of Malta be and hereby approves the historic informational marker for the side of the path near the entrance to the Shenantaha Creek Park located on the Zim Smith Trail, and directs the Town Historian and HPRC to coordinate with the Highway Superintendent to schedule the placement of said historic informational marker, and expresses its thanks to the Town Historian and HPRC for their dedication and diligence in this matter; and it is further RESOLVED that the Town Board of the Town of Malta recognizes that the historic marker is for information purposes only and does not constitute a designation of the site as a

5 landmark as referenced in of the Malta Town Code, Article XV, Historic Preservation, or the Town of Malta Historic Preservation Review Commission 2009 Landmarks and Commemorations Policy. RESOLUTION NO 128 AUGUST 6, 2018 AUTHORIZE STOP SIGNS RAYLINSKY ROAD AND EVANS ROAD Motioned by: Councilman Dunn Seconded: Councilman Hartzell IT IS RESOLVED that, upon the recommendation of the Town Highway Superintendent, stops signs be installed at the intersection of Raylinsky and Evans Roads pursuant to NYS Vehicle and Traffic Law 1660 and RESOLUTION NO 129 AUGUST 6, 2018 AUTHORIZE ACCEPT CASH REIMBURSEMENT SALES TAX FROM COUNTY BE IT RESOLVED that the Town Board of the Town of Malta hereby elects to accept its share of sales tax revenues to be paid over by the County of Saratoga in cash. RESOLUTION NO 130 AUGUST 6, 2018 AUTHORIZE COURT CLERK CONFERENCE IT IS RESOLVED that the Sr. Court Clerk, Jane Curtis, be and hereby is authorized to attend the 2018 Annual Court Clerk Conference in Lake Placid, New York, from September 16 through September 19, 2018, with expenses paid for hotel, mileage and food to be paid by the Town of Malta. RESOLUTION NO 131 AUGUST 6, 2018 BUDGET TRANSFERS & COMPTROLLER S REPORT Motioned By: Councilman Dunn Seconded: Councilwoman Young 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 2018 Town Budget; and WHEREAS the Town Board of the Town Board of Malta desires to amend the 2018 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 2018 Townwide General Fund and Part-town General Fund to be amended as follows:

6 Increase CC Typist Payroll (a) A $ 2,800 Decrease Events Coordinator Payroll A $ 2,800 Increase Unemployment Insurance (b) A $ 5,300 Decrease CC Payroll A $ 5,300 Increase Superintendent Contractual A $ 700 Decrease Engineer Transportation Expense A $ 700 Increase Park Equipment (c) B $ 2,000 Decrease Field Maintenance B $ 2,000 (a) Provides a stipend of $2,800 in total to be paid over remaining pay periods of 2018 for additional duties to be performed. (b) Provide for unemployment benefits for program events coordinator (c) Purchase of outboard motor for dock transport COMMENTS: Murray Eitzmann from 60 Round Lake Road inquired when the TB was going to start the updating the Master Plan. The Supervisor responded that a coordination of approach is under way on getting a base to get started. Building and Planning Dept. Head Jaime O Neill said the building department is working behind the scene so a draft organizational plan be ready with accurate information that is clear and codified, So we can hit the ground running. The Supervisor said with all the changes in the past two and a half years you can tell We don t drag our feet. Roger Crandall Highway Superintendent said they are working diligently on the storm pipes in Country Knolls before they pave the roads. The Supervisor asked if Roger and Woody Sloat (Chairman for Traffic Safety) could get together and discuss bringing the digital speed sign to Clifton Park for repair. ADJORN: 6:35 PM Motioned: Councilman Dunn Seconded: Councilwoman Young Vote: Ayes-4 Nays-0 Absent-1 Respectfully Submitted, Jennifer Holmes Malta Town Clerk