Amended Town Board Minutes April 7, 2014

REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

TOWN OF MALTA TOWN BOARD MEETING

Minutes of the Regular Meeting of the Town Board of the Town of Malta held April 7, 2014 at the Town Hall beginning at 7:00 p.m. with one public hearing to be held at 7:45pm.

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; Roger Crandall, Highway Superintendent; Tony Tozzi, Building & Planning Coordinator;Tim Downey, Elwood Sloat; Carol Henry; David Haight; Cyndie Troischt; M. Carlito; Barbara J Conner; Peter Brooks; Chris Luhn; Ron Fort; Jean Tanis; Mary Zielnick;, Walter Zielnicki, Robert Lavery; Ann Klotz; Gail Jones.

PRESENTATIONS: 1. Purchase of Development Rights- Brownell Road – David Haight 1.The Malta Farmers Market will be opening in June 2014. 2.The Development Rights Program will pay land owners to permanently protect their land. The Open Space, Agriculture and Trails Committee have been approached by a farmer in town (Sun Valley Farm) that would like to enter into this relationship with the Town. The parcel is 45 acres on Brownell Rd. and the 5th generation to have a farm in that area. This has been discussed in talks with Audrey and the Town Attorney, and afterwards the Open Space Committee gave a very high ranking to the parcel. It is a very attractive parcel of farm property. The Committee came tonight to get the input about the farm. We would like approval to hire an appraiser to establish a value of the development rights for this property. Paul- How much would this appraisal cost? David- could go from $3,000.00 to $5,000.00. John Hartzell and Tara Thomas are supportive of the appraisal process. Tom- We can take this on a case by case independently. Mr. Haight- the property would stay forever open space. 2. Agricultural Protection Overlay District Regulations – David Haight Second or third time that we have come to the Board. The Code has not kept up with the zoning in the town. I have sent the draft zoning change to Agriculture and Markets and I encourage people to farm. The committee is coming to the Board for final consideration and guidance on the next step for the zoning changes. There have been adjustments made to some of the definitions. Tara- We should have a workshop to further discuss. Paul- We reserve the third Monday for workshops.

The Regular Meeting was opened by Supervisor Sausville at 7:20 p.m. with the Salute to the Flag followed by Silent Prayer. Motion was made by Councilperson Hartzell, seconded by Councilperson Klotz to approve the minutes of March 3rd and 13th, 2014 as submitted by the Town Clerk. Motion carried.

COMMENTS AND/OR QUESTIONS FROM TOWN RESIDENTS: 1. Ellwood Sloat- Round Lake Corridor- The comments from the Eminent Domain Hearing are not on the record or on the web page. Creighton Manning responded that the exhibits will be available for the record after the meeting tonight. Mr. Sloat - 500 plus people think this is an adverse condition there. Thank you very much.

REPORTS FROM TOWN OFFICIALS: A. Assessor – Rae-Lyn Dussault – No Report submitted. B. Building Dept.-Anthony Tozzi - Permits Issued – 13 Fees Collected – $28,192.04 C. Comptroller- Kevin King - Report on file in the Town Clerk’s Office. D. Animal Control – Dominic Refino – Calls –30+ Tickets - 35 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. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

J. Highway –Roger Crandall–Highway Superintendent – SUBJECT: HIGHWAY REPORT

OFFICE WORK: Working on bids for 2 trucks County reimbursement filing Attended NYS Data Workshop Accident damage follow-up Paperwork and follow up for medical filings, comp filings, etc. Historical Marker/Welcome Sign and lighting responsibility documenting Pulling information for drainage issues and culverts

ROADWORK and GROUNDS MAINTENANCE PERFORMED: 4 salt/plow runs since last report Clear downtown corridor sidewalks Mailbox/post replacements Trimming of trees along right-of-way continues Fixing pot holes around town continues cleared drains Malta Park backhoe work Ermine Lair Catch basin Started process for 10 Hill Road sink hole opened frozen culvert pipes Continue to monitor Luther Forest drains Continual cleaning and general maintenance of plow trucks Continual checking and cleaning of screens/pipes on roads (constant Beaver activity) Plowed at Malta Park, and Town Hall for tree removal

GARAGE WORK PERFORMED: Painting plows and wings Eglin sweeper maintenance Overhaul of 2002 Dodge 3500 Dump Building screens for truck 316 Welcome Sign repair and Historical Marker Signs refurbishing Jacobson mowers: tires, greasing, filters, replace starter, replace fuel filter, hydraulic lines Cleaning of trucks after each plowing and starting to undress plows of some trucks

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) ~Looking into additions for new garage: lift options ~ Kevin Thompson does a very good job of maintaining the equipment but doesn’t have enough time to get the work done. We really need to add a mechanic to our workforce to keep up with our aging equipment. Had to send out 1 truck to be repaired.

OLD BUSINESS: RESOLUTION #84 – April 7, 2014 LOCAL LAW #2 of 2014 ADOPT §167A-61 STEWART’S SHOPS – ADIRONDACK TRUST PLANNED DEVELOPMENT DISTRICT #55 Motion by: Councilperson Hartzell Seconded by: Councilperson Ruisi

Comments: Tom Lewis- How to get water to 75 properties in Maltaville. The $200,000.00 goes to the beginning process to bring water to those homes. A building permit will not be issued until he gets approval for the water and approved. This is seed money to get the process started. Lighting for the project is LED lighting. Buffering is landscaping and should be more than adequate. The company has a reputation to uphold and is very reasonable. Peter Klotz- this does not meet the Plan for Malta. This should stay a noncommercial area.

WHEREAS an application has been received by Stewart’s Shops Corporation for a Planned Development District to be called Stewart’s Shops-Adirondack Trust Planned Development District #55, which application proposes commercial development on a parcel located in the Town of Malta at the northwest corner of the roundabout and NYS Route 67 at the southern entrance into the Luther Forest Tech nology Campus, said application being a request to construct a new Stewart’s Shop convenient store with gas pumps and a bank with drive-thru, all as set forth in the narrative included with the REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 application on file with the Town Planning Department which application is available for public review; and

WHEREAS the said application was referred to the Town Planning Board of the Town of Malta and the Saratoga County Planning Board for their review and advice and to all other entities entitled to notice by law or regulation; and

WHEREAS the Town Board of the Town of Malta declared itself Lead Agency concerning the proposed amendment for purposes of the administration of the NYS Environmental Quality Review Act, and no objection has been received within the time established by law or regulation; and

WHEREAS the Town Board of the Town of Malta h e ld a public hearing pertaining to Stewart’s Shops-Adirondack Trust Planned Development District #55 on the 7th day of April, 2014, at 7: 4 5 o’clock P.M., 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 were heard; now, therefore be it

RESOLVED that the Malta Town Board hereby adopts a Negative Declaration pursuant to SEQRA as there are no potential significant negative environmental impacts likely to result from this action and further that the Town Supervisor is authorized to execute any document necessary to effectuate this determination; and it is further

RESOLVED that the Town Board of the Town of Malta hereby adopts the Stewarts Shops-Adirondack Trust Planned Development District #55, in the form annexed hereto; and the Town Clerk is directed to file the said local law with the NYS Secretary of State forthwith. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

STEWART’S PDD APPENDIX A – METES AND BOUNDS

PROPOSED LEGAL DESCRIPTION

LANDS TO BE CONVEYED TO STEWART’S SHOPS CORP.

BY LUTHER FOREST TECHNOLOGY CAMPUS

ECONOMIC DEVELOPMENT CORPORATION (Prepared 01/23/13)

All that piece or parcel of land situate, lying and being in the Town of Malta, County of Saratoga and State of New York being a portion of lands designated as Lot #1 on a map entitled “Subdivision Map, Lands Now or Formerly of Luther Forest Technology Campus Economic Development Corporation”, dated February 3, 2006 by C.T. Male Associates, P.C., last revised on March 21, 2006 and recorded in the Saratoga County Clerk’s Office on May 3, 2006 as Map number L-684A, said parcel being bounded and described as follows: Beginning at a point marked by a capped iron pin on the north bounds of New York State Route 67 at the southeast corner of lands of Steven Fedorczuk and Deborah Fedorczuk and the southwest corner of lands of the grantor herein, Luther Forest Technology Campus Economic Development Corporation, and the parcel herein-described, said point being 339 feet west of the center of a roundabout located at the intersection of said New York State Route 67 with Luther Forest Boulevard; running thence along the east bounds of said lands of Fedorczuk REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

N 23º 16’ 58” E 401.16’ to a point marked by a capped iron pin at a corner of lands of the Town of Malta designated as “Road and Utility Corridor no. 3” on a map entitled “Road and Utility Corridor Consolidation Map, Lands Now or Formerly of Luther Forest Technology Campus”, dated April 20, 2007 by C.T. Male Associates, P.C., last revised on April 11, 2008 and recorded in the Saratoga County Clerk’s Office on April 21, 2008 as Map number L-730; running thence along the south bounds of said lands of the Town of Malta and said “Road and Utility Corridor no. 3” S 55º 44’ 21” E 364.32’ to a point marked by a concrete monument on the west bounds of the aforementioned Luther Forest Boulevard; thence continuing along the bounds of said lands of the Town of Malta and said “Road and Utility Corridor no. 3”, being along said west bounds of Luther Forest Boulevard S 34º 19’ 11” W 305.33’ to a point marked by a concrete monument at the intersection of said west bounds of Luther Forest Boulevard with the aforementioned north bounds of New York State Route 67; running thence along said north bounds of New York State Route 67, as established by New York State Department of Transportation appropriation in 2010, the following two courses: N 86º 38’ 01” W 106.26’ to a point marked by a concrete monument; and N 69º 04’ 44” W 163.86’ to a point marked by a capped iron pin; thence continuing along said north bounds of Route 67 N 49º 45’ 04” W 37.19’ to the point and place of beginning. Containing 2.765 acres of land.

ADOPTED: VOTE – AYES – 4 NAYS – 1 Councilperson Klotz

RESOLUTION #85- April 7, 2014 ROUND LAKE ROAD TRAFFIC AND MOBILITY IMPROVEMENTS PROJECT – SEQRA DETERMINATION OF NON-SIGNIFICANCE Motion by: Councilperson Klotz Seconded by: Councilperson Thomas

WHEREAS the Town Board authorized and approved the Round Lake Road Traffic & Mobility Improvements Project (P.I.N. 1757.54) and the Round Lake Road Sidewalks Project (P.I.N. 1759.60) (together “Projects”); and

WHEREAS the Town's consulting engineer, Creighton Manning Engineering, has advised the Town Board that the proposed Projects are an Unlisted Action in accordance with the rules and regulations of the State Environmental Quality Review Act (SEQRA); and

WHEREAS by Resolution No. 74, the Town Board indicated its wish to be Lead Agency for SEQRA review of the proposed Projects and authorized and directed the Town Supervisor to send a copy of the Short Environmental Assessment Form Part I, along with a certified copy of the Resolution stating the Town Board's intention to be declared Lead Agency, to any and all agencies to which it must give written notice in accordance with New York State Town Law, including the New York State Department of Environmental Conservation, New York State Department of Transportation and New York State Office of Parks, Recreation and Historic Preservation; and

WHEREAS, notice was provided to those agencies and over 30 days have passed and the Town has received one response from the New York State Department of Environmental Conservation indicating that the Department concurs with the Town’s intent to become the Lead Agency for the action; and

WHEREAS, the Town Board is duly designated to act as SEQRA Lead Agency and, in that capacity, has reviewed the SEQRA Short EAF for these Projects; now, therefore, be it

RESOLVED, that the Malta Town Board has designated itself as Lead Agency for SEQRA review of the proposed Round Lake Road Traffic & Mobility Improvements Project (P.I.N. 1757.54) and the Round Lake Road Sidewalks Project (P.I.N. 1759.60); and be it further REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLVED, that the Malta Town Board determines that no significant adverse environmental impacts are likely to result from the proposed Round Lake Road Traffic & Mobility Improvements Project (P.I.N. 1757.54) and the Round Lake Road Sidewalks Project (P.I.N. 1759.60) and such determination is reached after careful consideration and analysis of the proposed action and the EAF for the proposed action; and be it further

RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts; and be it further

RESOLVED, that the Town Board approves a SEQRA Negative Declaration - Determination of Non-Significance and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation; and be it further

RESOLVED, that this Resolution shall take effect immediately.

ADOPTED: VOTE – AYES – 4 NAYS – 1- Councilperson Hartzell

RESOLUTION# 86- April 7, 2014 ROUND LAKE ROAD TRAFFIC AND MOBILITY IMPROVEMENTS PROJECT – ADOPTION OF DETERMINATION AND FINDINGS STATEMENT Motion by: Councilperson Klotz Seconded by: Councilperson Thomas

WHEREAS, pursuant to the New York State Eminent Domain Procedure Law (EDPL Section 201) the Town held a properly noticed public hearing on March 3, 2014 at which it informed the public about the Projects, reviewed the public use to be served by the Projects and the potential impacts on the environment and the residents of the locality where the Projects are to be located, and heard comments regarding the proposed Projects; and

WHEREAS, Section 204 of the EDPL requires that the Board make its determination and findings concerning the proposed Projects within 90 days after the conclusion of the public hearing; now therefore, be it

RESOLVED, that the Malta Town Board hereby adopts the document entitled "Determination and Findings Pursuant to Article 2 of the Eminent Domain Procedure Law Regarding the Acquisition of Property Rights Required in Reference to the Town of Malta, Round Lake Road Traffic and Mobility Improvements Project (P.I.N. 1757.54) and the Round Lake Road Sidewalks Project (P.I.N. 1759.60), County of Saratoga, State of New York" which is attached hereto; and be it further,

RESOLVED, that the Town Board hereby authorizes such further proceedings under the EDPL as may be necessary to effectuate acquisition by condemnation of the subject easements; and be if further,

RESOLVED, that the Town Clerk, or their designee are hereby authorized and directed to publish a brief synopsis of the Determination and Findings Statement which is attached hereto in at least two (2) successive issues of the Daily Gazette as required by Section 204(A) of the EDPL; and be it further, REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLVED, that the Town Clerk is hereby authorized and directed to serve notice as required by Section 204(C) of the EDPL upon each assessment record billing owner or his or her attorney of record across whose property an easement may be acquired; and be it further,

RESOLVED, that this Resolution shall take effect immediately.

NOTICE OF EMINENT DOMAIN PROCEDURE LAW DETERMINATION AND FINDINGS OF PUBLIC HEARING HELD March 3, 2014 TOWN OF MALTA PROJECT IDENTIFICATION NUMBER 1757.54 ROUND LAKE ROAD TRAFFIC AND MOBILITY IMPROVEMENT PROJECT AND PROJECT IDENTIFICATION NUMBER 1759.60 ROUND LAKE ROAD SIDEWALK PROJECT TOWN OF MALTA, SARATOGA COUNTY

In accordance with Article 2, Section 204 of the Eminent Domain Procedure law, the following is a synopsis of the determination and findings that have been made regarding the proposed projects to construct intersection and corridor improvements, including the installation of pedestrian sidewalks/paths, along Round Lake Road within the Town of Malta, Saratoga County.

This determination and findings has been made in consideration of statements submitted by the public during the public hearing held for this project on March 3, 2014 and the associated comment period. The proposed project will proceed toward a contract letting. Acquisition of the required Right-of-Way is scheduled to begin in May 2014.

The preferred alternative will be progressed for the purpose of final design and to determine final right-of-way acquisitions requirements. The work will consist of the construction of a single-lane roundabout at the intersections of Round Lake Road with Ruhle Road/Raylinsky Road and Chango Drive within the Town of Malta, Saratoga County. The roundabout was selected over the construction of a traffic signal at these locations after a full evaluation of both intersection alternatives was completed. The roundabout will provide improved present and future traffic operations and has statistically been shown to reduce the severity of accidents and injury accident rates due to the lower speeds and one-way vehicle circulation patterns. Pedestrians will see an improvement to access through and around the intersections. Sidewalks will be constructed along the outside of the roundabout. Bicyclists can either utilize the roundabout as a vehicle or dismount and use the sidewalk as a pedestrian. Pedestrian accident rates and severity have been shown to be lower following the construction of a roundabout. This is attributed to lower vehicle speeds and shorter crossing distances when compared to a traffic signal.

The project also includes widening of Round Lake Road between the two intersections to provide a center turn lane. Several of the existing driveways will be modified to restrict turn movements as a means of improving safety within the corridor. The Round lake Road sidewalks project will provide a sidewalk/path along the north side of Round Lake Road between Chango Drive and Carlyle Court. A sidewalk will also be constructed on the south side of Round Lake Road between Raylinsky Road and the existing Round Lake Bypass roundabout. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

Environmental impacts of the Project were analyzed in detail throughout the design process. The results of these analyses concluded that the Project will have no significant environmental impact upon completion and will have a positive impact on the surrounding community by providing operational improvements to the Round Lake Road corridor and extending the existing pedestrian/bike network to new areas within the community.

Copies of the Determination and Findings will be forwarded upon written request without cost. Further information for this project is available upon request during normal working hours. Direct inquiries to: Kevin King Stephan Godlewski, P.E. Comptroller Project Manager Town of Malta Creighton Manning Engineering, LLP 2540 Route 9 2 Winners Circle Malta, NY 12020 Albany, NY 12205 Phone: 518-899-2502 Phone: 518-446-0396 Email: [email protected] Email: [email protected] ADOPTED: VOTE – AYES – 4 NAYS – 1 Councilperson Hartzell

RESOLUTION #87 – April 7, 2014 ROUND LAKE ROAD TRAFFIC AND MOBILITY IMPROVEMENTS PROJECT – AUTHORIZING APPROVAL OF COMPENSATION OFFERS TO CERTAIN AFFECTED PROPERTY OWNERS Motion by: Councilperson Klotz Seconded by: Councilperson Thomas

WHEREAS, the Town wishes to advance the Projects by acquiring needed rights- of-way in keeping with provisions of the New York State Highway Law and applicable Federal Statutes; and WHEREAS, the extent of rights-of-way required has been determined based on the design of the reconstructed roadway and intersections; and WHEREAS, the appraised value of the takings will be established by a New York State Certified General Appraiser in conformity with the New York State Eminent Domain Procedure Law and policies, regulations, and procedures applicable to the appraisal of right-of-way and easements acquired for highway purposes; and now, therefore, be it

RESOLVED, that the Malta Town Board hereby authorizes and directs the Town Supervisor, or agents that he designates, to offer the affected property owners related to the Projects, the fair market value of the parcels and make payment therefore; and be it further

RESOLVED, that the Malta Town Board further authorizes and directs the Town Supervisor to execute the appropriate agreements, deeds and forms to take possession of such right-of-way and easements, subject to approval as to form by Town Counsel; and be it further REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLVED, that the Malta Town Board further authorizes and directs the Town Supervisor, Town Comptroller and Town Counsel to take all actions necessary to effectuate all terms of this Resolution; and be it further RESOLVED, that this Resolution shall take effect immediately.

ADOPTED: VOTE – AYES – 4 NAYS – 1 Councilperson Hartzell

NEW BUSINESS: RESOLUTION #88- April 7, 2014 SEWER DISTRICT #2 EXPANSION (MAPLE FOREST) – SET PUBLIC HEARING-5/5 6:50PM Motion by: Councilperson Hartzell Seconded by: Councilperson Thomas

WHEREAS a request has been received for inclusion of Maple Forest Residential Conservation Subdivision, located on 18.02 acres of land east of Eastline Road and just north of the Town of Malta/Town of Clifton Park line, into the Town of Malta Sewer District No. 2, which would add 17 additional houses, all currently occupying tax map parcels 250.-1-47.111, 250.-1-47.112 and 250.-1-47.113; and

WHEREAS John M. McDonald Engineering, P.C. has prepared and submitted a Map, Plan 7 Report of the Sewer District Expansion, and has advised the Town Board that the Town of Malta Sewer District No. 2 has ample capacity for the proposed addition to the District; now, therefore, it is

RESOLVED that the Town Board of the Town of Malta will hold a public hearing on the issue of the expansion of the Town of Malta Sewer District No. 2 to include Maple Forest Residential Conservation Subdivision containing 17 homes, on the on the 5th day of May, 2014 at 6:50 o’clock PM., 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 thereon will be heard

PUBLIC NOTICE TOWN OF MALTA

PUBLIC NOTICE IS HEREBY GIVEN , that the Town Board of the Town of Malta will hold a public hearing on the issue of the expansion of the Town of Malta Sewer District No. 2 to include Maple Forest Residential Conservation Subdivision containing 17 homes , on the 5 th day of May, 2014 at 6:50 o’clock PM., 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 thereon will be heard.

Dated: April 7, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MALTA FLO E. SICKELS, TOWN CLERK ADOPTED: VOTE – AYES – 5 NAYS - 0 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLUTION #89 – April 7, 2014 CULVERT RESERVE APPROPRIATION – Set Public Hearing Date – 5/5@6:55pm Motion by: Councilperson Hartzell Seconded by: Councilperson Thomas

WHEREAS the Town Board of the Town of Malta accepted the bid of John W, Sheehan & Sons, Inc., in the amount of $114,340 for the Old Post Road Culvert Project and approved the purchase of the culvert pipe in the amount of $31,087 for said project; both of which were to be funded by the Town of Malta Culvert Reserve subject to permissive referendum as per General Municipal Law Article 2 Section 6c and no petition has been received;

WHEREAS based upon further research it was determined the Culvert Reserve; formally known as the Bridge Repair Reserve, was established pursuant to General Municipal Law Article 2 Section 6d in December 1997 which requires a public hearing be held prior to the appropriation of funds from this reserve rather than a permissive referendum requirement;

WHEREAS the Town Board of the Town of Malta desires to set a public hearing in accordance with General Municipal Law Section 6d for the purpose of considering the appropriation of monies from the Culvert Reserve to cover the costs associated with the Old Post Award Project of $145,427; now therefore be it

RESOLVED that the Town Board rescinds its approval granted pursuant to General Municipal Law Article 2 Section 6c for allocation of funds for the Old Post road Culvert Project; and it is further

RESOLVED that the Town Board of the Town of Malta does hereby set a public hearing for May 5, 2014 at 6:55 pm at the Town Hall in accordance with General Municipal Law Section 6d for the purpose considering the appropriation of monies from the Culvert Reserve to cover the costs associated with the Old Post Award Project of $145,427; and be it further

RESOLVED that until said public hearing is held and all parties are duly heard, any monies to be appropriated for the Old Post Road Project will be appropriated from the Highway Improvement Budgetary Appropriation line item; and be it further

RESOLVED that if it is determined it is in the best interest of the public to expend these monies from the Culvert Reserve after said public hearing then the Highway Improvement Budgetary Appropriation will be increased by $145,427.

PUBLIC NOTICE TOWN OF MALTA

PUBLIC NOTICE IS HEREBY GIVEN , that the Town Board of the Town of Malta will hold a public hearing set a public hearing for the 5th day of May , 2 014 at 6:55 pm in accordance with General Municipal Law Section 6d for the purpose considering the appropriation of monies from the Culvert Reserve to cover the costs associated with the Old Post Award Project of $145,427 , 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 thereon will be heard.

Dated: April 7, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MALTA FLO E. SICKELS, TOWN CLERK ADOPTED: VOTE – AYES – 5 NAYS - 0 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLUTION #90 – April 7, 2014 APPROVE SPEED REDUCTION REQUEST- ROUND LAKE ROAD Motion by: Councilperson Thomas Seconded by: Councilperson Hartzell

WHEREAS the Town Board of the Town of Malta has received complaints from residents about the speed of motor vehicles on Round Lake Road within the Town of Malta from East Line Road to the Round Lake Village line; and

WHEREAS said residents have requested a reduction in the speed limit to 30mph; and

WHEREAS the Town Board of the Town of Malta believes such concerns to be well founded; now, therefore be it

RESOLVED that the New York State Department of Transportation is hereby requested to review and study the conditions on Round Lake Road; and, be it further

RESOLVED that, based upon its findings and at the request of the Town Board of the Town of Malta, the New York State Department of Transportation is requested to lower the current speed limit within the Town of Malta.

ADOPTED: VOTE – AYES – 5 NAYS – 0

RESOLUTION #91 – April 7, 2014 APPROVE SERVICE AWARD PROGRAM LIST – MALTA RIDGE VOLUNTEER FIRE CO. Motion by: Councilperson Ruisi Seconded by: Councilperson Hartzell

WHEREAS the Malta Ridge Volunteer Fire Company, Inc. has certified that the attached is a list of all 2013 active members of the Malta Ridge Volunteer Fire Company, Inc. and indicates which members earned a year of service credit for 2013 under the Town of Malta Volunteer Firefighter Service Award Program Point System adopted and approved by the Town Board of the Town of Malta; and

WHEREAS the Town of Malta C o m Officep hast performedr o a limitedl l e r ’ s review of the Malta Ridge Volunteer Firefighter Service Award P Recordsr foro the g r a m ’ s year ended Dec ember 31, 2013 of active members qualifyi ng for the program based on 2013 service and has issued a report thereon; and

WHEREAS the Town of Malta C o m p Offit r c e olimitedl l reviewe r ’of sthe aforementioned rec ords identified findings relating to points earned whic h have been properly adjusted and reflected on the certified list submitted to the Town of Malta; and

WHEREAS the Town Board of the Town of Malta must approve the Malta Ridge Volunteer Fire Company, Inc . - Volunteer Firefighter Service Award Program list of all 2013 active volunteer firefighters for posting in the fire stations for a period of at least 30 days for review by members; now, therefore, be it

RESOLVED that the Town Board of the Town of Malta hereby approves the Malta Ridge Volunteer Fire Company, Inc. - Volunteer Firefighter Service Award Program list of all 2013 active volunteer firefighters, as adjusted, for posting in the fire stations for a period of at least 30 days for review by members with such list to be returned to the Town Board of the Town of Malta after the expiration of the 30 day period with all changes to the listing fully documented. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

Based upon the procedures performed, the MRVFC volunteer firefighters qualifying in 2013 for the service award program are as follows:

2013 2013 Volunteer Credit Volunteer Credit

Thomas Atkinson 50+ Daneric Belanger 50+ John Berggren 50+ Oswald Blow 50+ Tyler Briscoe 50+ Andrew Cannito 50+ Rhett Croteau 50+ Timothy DiDonna 50+ George Downs 50+ Scott Downs 50+ Ronald French 50+ Gregory Gallagher 50+ Lawrence Gates 50+ Martin Griffin Jr. 50+ Joshua Heald 50+ John Heard 50+ Zachary Hyde 50+ James Jackowski 50+ Brian Jennings 50+ Richard Jennings 50+ Bobbie Kenney 50+ Devin Kenney 50+ John Kenney 50+ Zachary Lamb 50+ Fred Lee 50+ Thomas Lyman Sr 50+ Arthur Lyons 50+ Michael Minervini 50+ Anthony Orlando 50+ Chase Porter 50+ Dominick Refino Sr. 50+ George Seeley 50+ Peter Shaw 50+ Stephen Shaw 50+ Aaron Sims 50+ Greg Stack 50+ Jeff Stack 50+ Ronald Stephan 50+ William Sticht 50+ Brian Van Arsdale 50+ Wayne Vanvalkenbergh III 50+ Wayne Vanvalkenbergh Jr. 50+ Jamie Walzack 50+

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #92 – April 7, 2014 APPROVE SERVICE AWARD PROGRAM LIST – ROUND LAKE HOSE COMPANY Motion by: Councilperson Ruisi Seconded by: Councilperson Hartzell

WHEREAS the Round Lake Hose Company has certified that the attached is a list of all 2013 active members of the Round Lake Hose Company and indicates which members earned a year of service credit for 2013 under Town of Malta Volunteer Firefighter Service Award Program Point System adopted and approved by the Town Board of the Town of Malta; and

WHEREAS the Town of Malta’s Comptroller has performed a limited review of the Round Lake Hose Company Service Award Program’s Records for the year ended December 31, 2013 of active members qualifying for the program based on 2013 service and issued a report thereon, a copy of which is attached; and

WHEREAS the Town Board of the Town of Malta must approve the Round Lake Hose Company - Volunteer Firefighter Service Award Program list of all 2013 active volunteer firefighters for posting in the fire stations for a period of at least 30 days for review by members; now, therefore, be it

RESOLVED that the Town Board of the Town of Malta hereby approves the Round Lake Hose Company - Volunteer Firefighter Service Award Program list of all 2013 active volunteer firefighters (as on file with the Town Comptroller) for posting in the fire stations for a period of at least 30 days for review by members, with such list to be returned to the Town Board of the Town of Malta after the expiration of the 30 day period with all changes to the listing fully documented. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

The following RLFD volunteer firefighters qualified for the service award program in 2013 Volunteer Credit Volunteer Credit Paul Parker 50+ Robert Carey 50+ Chris Dorr 50+ Shaun Bertok 50+ Robert Reinhart 50+ Jason Kaczmarek 50+ Scott Seyboth 50+ Robert Gizzi Sr. 50+ Robert Gizzi Jr. 50+ Fred Sievers 50+ Edward Cameron 50+ David Haynes 50+ Eric Sievers 50+ Keith Young 50+ Thomas Mazza 50+ Clinton McGowan 50+ Shaun Flynn 50+ Timothy Murphy 50+ Laurie Cameron 50+ Jason Shepard 50+ Daniel Carey 50+ Gary Holmes 50+ Robert Jewell 50+ Ken Seyboth 50+ Gary Boyton 50+ Christian Rupert 50+ Eric Hoefer 50+ Kevin Sarsick 50+ James Orkins 50+ Dwight Havens 50+ William Roy 50+ Eugene LaDue 50+ Richard Burke 50+ Peter Farnum 50+ Bennett Haynes 50+ Frank Mazza 50+ Justin Sarsick 50+ Nick Schoeppler 50+ Jim Poitras 50+ Brandon Grayson 50+ Joseph Plewinski 50+ Mackenzie Jewell 50+ Bob Garland 50+ Kyle Huss 50+ ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #93 – April 7, 2014 APPROVE MALTA AMBULANCE CORP SERVICE AWARD PROGRAM LIST Motion by: Councilperson Ruisi Seconded by: Councilperson Hartzell

WHEREAS the Malta Ambulance Corps, Inc. has certified that the following is a list of all 2013 active members of the Malta Ambulance Corps and indicates which members earned a year of service credit for 2013 under the Town of Malta Volunteer Ambulance Worker Service Award Program Point System adopted and approved by the Town Board of the Town of Malta;

Anthony Boilard 50+ Caroline Boisclair 50 Chris Clark 50+ Joan Cramer 50 Diana de Avila 50+ Steve Grandeau 50 Michael Greenfield 50+ Joseph Monaghan 50+ Timothy Nyland 50+ Jean Tranka +50 Kim Wescott 50+ + + and

WHEREAS the Town of Malta’s Comptroller has performed a limited review of the Malta Ambulance Corps, Inc. Service Award Program’s Records for the year ended December 31, 2013 of active members qualifying for the program based on 2013 service and has issued a report thereon; and

WHEREAS the Town of Malta Comptroller’s limited review of the aforementioned records identified findings relating to points earned, which have been properly adjusted and reflected on the certified list submitted to the Town of Malta, as well as recommendations for enhancing the records maintained; and

WHEREAS the Town Board of the Town of Malta must approve the Malta Ambulance Corps, Inc. Volunteer Ambulance Worker Service Award Program list of all REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

2013 active volunteer ambulance workers for posting in the ambulance company’s facility for a period of at least 30 days for review by members; now, therefore, be it

RESOLVED that the Town Board of the Town of Malta hereby approves the Malta Ambulance Corps, Inc. Volunteer Ambulance Worker Service Award Program list of all 2013 active volunteer ambulance workers, as adjusted, for posting in the ambulance company facility for a period of at least 30 days for review by members with such list to be returned to the Town Board of the Town of Malta after the expiration of the 30 day period with all changes to the listing fully documented. ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #94 – April 7, 2014 APPROVE TOWN HALL USE – Ballston Spa School District Vote May 20 – 7am-9pm Motion by: Councilperson Hartzell Seconded by: Councilperson Thomas

BE IT RESOLVED that the Ballston Spa Central School District be and it hereby is authorized to use the Town Hall on the date of the Ballston Spa School District election on Tuesday, May 20, 2014, from 7:00 A.M. to 9:00 P.M., provided that it coordinates the use of the voting machines with the Board of Elections and pays for the services of the duly appointed voting machine custodian during the time of their said use of the voting machines.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #95 – April 7, 2014 APPROVE ROMP & PLAY DOG PARK MAILING INSERT Motion by: Councilperson Ruisi Seconded by: Councilperson Klotz

WHEREAS, the Town Clerk of the Town of Malta by memorandum dated the 27th day of February 2017 has requested to insert a flyer advertising membership applications for the Romp & Play Dog Park, located at 584 East Line Road, in with the Town’s monthly dog license renewal notices; and

WHEREAS, the Town Board of the Town of Malta may authorize specified notices or documents that consist of worthwhile items or information for the benefit of the citizens of the Town of Malta; and

WHEREAS, as per the Romp & Play Dog Park Agreement with the Town of Malta, the Town Clerk’s office may reproduce and distribute applications, waivers, rules and other paperwork relating to the operation of the park; now therefore be it

RESOLVED, that the Town Board of the Town of Malta, be and hereby approves the distribution of the Romp & Play Dog Park Membership Application within the Town of Malta’s monthly dog license renewal mailings.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #96 – April 7, 2014\ APPROVE HIGHWAY SUPERINTENDENT 2014 HIGHWAY SCHOOL, CORNELL, June 2-4, Ithaca NY Motion by: Councilperson Thomas Seconded by: Councilman Klotz REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

BE IT RESOLVED that the Town of Malta Highway Superintendent be and hereby is authorized to attend the 2014 Annual School For Highway Superintendents sponsored by the Association Of Towns, State of New York and Cornell Local Roads Program, at Ithaca, New York, from June 2 through June 4, 2014, at the expense of the Town of Malta.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #97 – April 7, 2014 AUTHORIZE APPOINTMENT OF PART-TIME CROSSING GUARD Motion by: Councilperson Thomas Seconded by: Councilperson Ruisi

WHEREAS , Jennifer Castle has submitted her resignation as part-time crossing guard; and

WHEREAS , Heather Messier had previously been appointed by the Town Board of the Town of Malta an interim part-time crossing guard; and

WHEREAS , the Town Board of the Town of Malta desires to appoint a part-time crossing guard to fill the vacancy resulting from said resignation; now therefore, be it

RESOLVED , that the Town Board of the Town of Malta hereby appoints Heather Messier as part-time crossing guard at a daily rate of $37.56, effective immediately. Furthermore, said position is subject to a probationary period of up to 52 weeks.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #98 - April 7, 2014 CHANGE DATE – JUNE AGENDA MEETING Motion by: Councilperson Hartzell Seconded by: Councilperson Ruisi

Be it RESOLVED that the Malta Town Board Agenda Meeting previously scheduled to be held Monday, May 26, 2014 at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020, shall be rescheduled to Wednesday May 28, 2014 at 6:30pm to accommodate the Memorial Day holiday schedule.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #99 – April 7, 2014 DESIGNATE NEW DEPOSITORY – CATSKILL HUDSON BANK Motion by: Councilperson Klotz Seconded by: Councilperson Ruisi

WHEREAS the Town Board of the Town of Malta has previously amended the Investment Policy; and

WHEREAS the Town Board of the Town of Malta had previously designate depositories pursuant to Section 64 of the Town Law;

WHEREAS the Town Board of the Town of Malta desires to designate an additional depository pursuant to Section 64 of the Town Law; now therefore, be it

RESOLVED that the Town Board of the Town of Malta hereby designates the following additional depository of monies received by the Town Official indicated:

Catskill Hudson Bank Town Comptroller REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

RESOLVED that the bank listed above is authorized for the deposit of monies up to a combined maximum amount of $12, 000,000 per depository; and be it further

RESOLVED that the Supervisor, the Deputy Supervisor, and the Comptroller of the Town of Malta, are each authorized to enter into collateral agreements with the bank company listed above, if necessary, to ensure that the Town of Malta’s deposits are adequately secured; and be it further

RESOLVED that the Supervisor, the Deputy Supervisor and Comptroller of the Town of Malta are each authorized as signatures on the Town’s accounts.

ADOPTED: VOTE – AYES – 5 NAYS - 0

RESOLUTION #100 – April 7, 2014 CAPITAL BUDGET ADJUSTMENT-Highway Garage Lift Motion by: Councilperson Klotz Seconded by: Councilperson Ruisi

WHEREAS, on May 7, 2012 the Town Board adopted a Resolution (the “Bond Resolution”) authorizing the issuance of up to $680,000 in serial bonds and/or bond anticipation notes (the “Bonds/BANs”) for the purpose of paying the cost of expansion of the Town Highway Garage facilities, including necessary site work and construction costs including soft costs and acquisition and installation of furniture, equipment, machinery, and apparatus for the purpose (the "Project"), and authorizing such specific object or purpose at a maximum estimated cost of $2,100,000, not including the $40,000 already established and funded for the Project; and WHEREAS, following the Board’s adoption of the original Bond Resolution, the actual bids received for the Project exceeded the amounts used in calculating the maximum estimated cost of the Project; and WHEREAS, the increased cost would be paid from the Town’s appropriated fund balances without the need to increase the amount of Bonds/BANs authorized to be issued for the Project; and WHEREAS, the Town Board amended the Bond Resolution to increase the authorized maximum estimated cost of the Project to $2,800,000, not including the $40,000 and the plan of financing the total estimated cost, with no change to the amount of Bonds/BANs authorized to be issued for the Project; and WHEREAS, following the adoption and subsequent amendment of the original Bond Resolution, the Town Board accepted Change Orders #1 for the Project in the total amount of $56,747.68 which exceeded the amounts used in calculating the amended maximum estimated cost of the project; and

WHEREAS, the Town Board amended the Bond Resolution to increase the authorized maximum estimated cost of the Project to $2,857,000 and the plan of financing the total estimated cost for Change Orders #1, with no change to the amount of Bonds/BANs authorized to be issued for the Project; and

WHEREAS, the construction of the Town Highway Garage has been completed and there remains approximately $79,000 in the Capital Project Budget and the Town Highway Superintendent desires to purchase and install a truck lift at an estimated cost of $100,000; and

WHEREAS, following the adoption and subsequent amendment of the original Bond Resolution for Change Orders #1, the Town Board desires to authorize the purchase and installation of a lift at an estimated cost of $100,000 for the Project which will exceed the amounts used in calculating the amended maximum estimated cost of the project by $21,000; and REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

WHEREAS, the Town Board wishes to amend the Bond Resolution to increase the authorized maximum estimated cost of the Project and the plan of financing the total estimated cost, with no change to the amount of Bonds/BANs authorized to be issued for the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF MALTA, SARATOGA COUNTY, NEW YORK, AS FOLLOWS: SECTION 1. The Bond Resolution is hereby amended as follows: A. Section 1 of the Bond Resolution is amended to read as follows: “The specific purpose (“purpose”) to be financed is the expansion of the Town Highway Garage facilities, including necessary site work and construction costs including soft costs and acquisition and installation of furniture, equipment, machinery, and apparatus for the purpose. The estimated maximum cost of said purpose, including preliminary costs incidental thereto and the financing thereof, will not exceed $2,878,000, not including the $40,000 already established and funded for this capital project, and the said amount is hereby appropriate therefor.” B. Section 2 of the Bond Resolution is amended to read as follows: “The Town Board plans to finance the Town’s maximum estimated cost of said purpose as follows: Total Project Cost $ 2,878,000 Funds Appropriated from the Town’s Building Reserve $ 760,000 Funds Appropriated from the Town’s Designated Land $ 20,000 Acquisition Funds Appropriated from 2012 Operating Budget $ 140,000 Funds Appropriated from 2013 Operating Budget $ 7,000 Funds Appropriated from Fund Balance $ 930,000 Funds Appropriated from Designated Fund Balance – Post $ 320,000 Employment Health Funds from Issuance of Bonds pursuant to Local Finance Law $ 680,000 Funds Appropriated from 2014 Operating Budget $ 21,000 SECTION 2. All sections of the Bond Resolution not specifically amended by this Resolution shall remain unchanged and in full force and effect and are hereby ratified and affirmed. SECTION 3. This Resolution shall take effect immediately. This Resolution is not changing the amount of Bonds/BANs authorized to be issued for the Project by the Bond Resolution and, therefore, is not subject to permissive referendum or the publication requirements described in Local Finance Law Section 81.00.

SECTION 4. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE TOWN BOARD OF THE TOWN OF MALTA, SARATOGA COUNTY, NEW YORK, AS FOLLOWS: The Town Board hereby approves the purchase of a lift for the Highway Garage project at an estimated amount not to exceed $100,000 and directs the Town Highway Superintendent to coordinate said purchase and installation. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board.

ADOPTED: VOTE – Mrs. Ruisi- Yes; Mr. Hartzell- Yes; Mrs. Thomas- Yes; Mr. Sausville - Yes; Mr. Klotz- Yes VOTE - AYES – 5 NAYS - 0

RESOLUTION #101 – April 7, 2014 SUPPORT RESOLUTION OF BILL #SO1356/A06089-Authorizing Towns to Establish Local Speed Limits Motion by: Councilperson Klotz Seconded by: Councilperson Thomas

WHEREAS bill numbers A06089 and S01356 would amend the NYS Vehicle and Traffic Law to provide that the town board of any town, exclusive of suburban towns and towns having a population exceeding fifty thousand, may by local law, ordinance, order, rule or regulation establish maximum speed limits on town highways which have been classified by the Department of Transportation as local roads and which are outside of villages; and

WHEREAS the Town Board of the Town of Malta finds that such an amendment would be in the public interest; now, therefore, it is

RESOLVED that the Town Board of the Town of Malta endorses bills A06089 and S01356.

ADOPTED: VOTE – AYES – 5 NAYS – 0

RESOLUTION #102 – April 7, 2014 BUDGET TRANSFERS AND COMPTROLLER’S REPORT Motion by: Councilperson Hartzell Seconded by: Councilperson Klotz

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 Budget 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 accepts the Comptroller’s Report and authorizes the 2014 Budgets of the Town-wide General Fund, Part-town General Fund, Highway Fund and Highway Garage Capital Project to be amended as follows:

Claims Paid 3/13/14 General Town Wide $ 34,978.43 General Part Town $ 3,866.54 Part Town Highway $ 54,597.09 Round Lake Road Corridor Project $ 42,789.90 Round Lake Preserve Project $ 19,563.36 Fire Protection District $ 38,520.40

Claims Paid 3/31/14 General Town Wide $ 99,736.88 General Part Town $ 166,008.94 Part Town Highway $ 32,991.69 REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

Highway Capital Garage Project $ 86,032.35 LFTC Park Capital Project $ 2,223.75 Library Fund $ 72,750.00 Fire Protection $ 31,760.24

Increase Historical Payroll A7520.160 $ 3,000 Decrease Sidewalks A5410.4 $ 3,000 Increase Attorney Contractual A1420.4 $ 3,000 Increase Records Management Contractual A1460.4 $ 500 Decrease Contingency A1990.4 $ 3,500 Increase Tax Receiver Contractual A1330.4 $ 50 Decrease Tax Receiver Equipment A1330.2 $ 50 Decrease Highway Sales Tax DB1120 $ 21,000 Decrease Highway Equipment DB5130.2 $ 21,000 Increase General Fund Sales Tax A1120 $ 21,000 Increase Operating Transfers A9950.8 $ 21,000 Increase Operating Transfers HA5031 $ 21,000 Increase Highway Garage Building HA1620.2 $ 21,000

ADOPTED: VOTE – AYES – 5 NAYS – 0

PUBLIC HEARING:

The public hearing pertaining to Stewart’s Shops- Adirondack Trust Planned Development District #55, which application proposes commercial development on a parcel located in the Town of Malta at the northwest corner of the roundabout and NYS Route 67 at the southern entrance into the Luther Forest Tech Park, was opened at 7:45pm by the supervisor, with Supervisor Sausville reading the public notice as it appeared in the town’s official newspaper. March 8, 2014.

PUBLIC NOTICE TOWN OF MALTA

PUBLIC NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Malta will hold a public hearing pertaining to §167A-61 Stewart ’s Shops-Adirondack Trust Planned Development District #55, which application proposes commercial development on a parcel located in the Town of Malta at the northwest corner of the roundabout and NYS Route 67 at the southern entrance into the Luther Forest Tech Park, said application being a request to construct a new Stewart’s Shop convenient store with gas pumps and a bank with drive-thru, on the 7th day of April, 2014, at 7:45 o’clock P.M., 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 thereon will be heard.

The hearing was opened to the floor. Mr. Lewis- There must be a public benefit for this PDD. After discussion with Saratoga Water Services, Stewart’s has offered $200,000.00 to starting the process of water to Maltaville. There will be agreements with the State, Saratoga Water Services and Saratoga County Water Authority to have water get to Maltaville. This is a 2.8 acre parcel with a Stewarts and Adirondack Trust Bank.

Christopher Luhn- I live at the south entrance to the park. The resolution left me with two things that stuck to me. There appeared no mention of the public benefit that is the standard of the project of rezoning of the parcel and it doesn’t appear there is anything in the resolution that anyone would have to do anything for the public benefit to get the permit. Mr. Lewis noted that they will not be allowed the permit until such time as the water process is there, and also Local Law #2 0f 2014 does include the $200,000.00 in Section H paragraph 1of the Law. Carol Henry – Has a friend that is very interested in having the water come to their home that lives in the southern end of Maltaville. REGULAR MEETING, MALTA TOWN BOARD, APRIL 7, 2014

There being no further comments and everyone having been afforded an opportunity to speak, the hearing closed at 8:27pm.

COMMENTS:

1. Ellwood Sloat – There are concerns for everyone in Maltaville to get water, which includes the residents on Easy St. They should also be included.

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 to go into Executive Session at 8:30 p.m. for the purpose of personnel. Motion carried unanimously. The following resolution was passed:

RESOLUTION #103 – April 7, 2014 DESIGNATE SHELLEY NORTON PERMANENT PLANNER & STORMWATER MANAGEMENT OFFICER Motion by: Councilperson Thomas Seconded by: Councilperson Hartzell

Upon the recommendation of the Director of Building and Planning of the Town of Malta, it is

RESOLVED that Shelly Norton has successfully completed her probationary period as the Town (Planner and Stormwater Management Officer), and that her salary be adjusted to that of a “qualified” employee for the position of planner at $21.34 per hour.

ADOPTED: VOTE – AYES – 5 NAYS – 0

Motion was made by Councilperson Thomas, seconded by Councilperson Ruisi to adjourn Executive Session at 8:55pm. Motion carried unanimously.

Respectfully Submitted,

Flo E. Sickels, Town Clerk