RESOLUTION NO. DECEMBER 02, 2013

Transcription

1 RESOLUTION NO. DECEMBER 02, 2013 ADOPT SEWER DISTRICT CHARGES Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action WHEREAS it is the intent of the Town of Malta to set Sewer District Charges for Sewer District #1 and#2; and WHEREAS the Town Board of the Town of Malta has designated itself lead agency for purpose of the administration of the State Environmental Quality Review Act with respect to the setting of these proposed charges and received no objection to such designation within the time established by law or resolution; and WHEREAS the Town Board of the Town of Malta held a public hearing pertaining to the establishment of sewer rates for Sewer District #1 and #2 on the 2 nd day of December, 2013, at 6:55 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 the Town Board of the Town of Malta hereby adopts the 2014 sewer rates for Sewer District #1 and #2 as annexed hereto. Malta Town Board Resolutions for 12/2/13, ver Page 1 of 26

2 2014 SCALE OF CHARGES FOR TOWN OF MALTA SEWER DISTRICT #1 and #2 SECTION 1 - SEWER CHARGES IMPOSED Pursuant to the Town s Sewer Use Law, the Town of Malta Sewer District #1 and #2 hereby imposes sewer charges for 2014 upon all premises and real property, within or without District boundaries, connected to, the District's sewer system. SECTION 2 - ESTABLISHMENT AND CONFIRMATION OF SEWER CHARGES Subject to confirmation by the Town Board of the Town of Malta, this scale of charges may, from time to time, be amended by the Town of Malta. SECTION 3 - CRITERIA FOR ESTABLISHING SEWER USER CHARGES The scale of sewer user charges shall use the following criteria, which is derived from the criteria established by Saratoga County Sewer District #1: (a) A user is defined as any piece of land upon which a building or buildings stand and is connected to an interceptor, trunk or collector sewer served by the District. (b) The annual cost of debt service, administration, operation and maintenance for the Saratoga County Sewer District's treatment facilities will be generally allocated and charged to all users by Saratoga County Sewer District #1. (c) The annual cost of debt service and operation and maintenance associated with the interceptor sewer, will be generally allocated to all users connected to and/or discharging into the respective system. (d) The annual cost of debt service and operation and maintenance associated with each major trunk sewer system will be generally allocated to all users connected to and/or discharging into the respective system. (e) A connection unit is defined as a single-family dwelling unit. Units include, but are not limited to, a single family house, each apartment unit (e.g. an apartment building with six apartments is six units), each half of a duplex, a cottage, a camp, a mobile home, and each unit of a condominium or townhouse. A "unit" as used for billing purposes will be 200 gallons per day of sewer discharge, or any portion thereof. No user will be rated at less than one unit. Users will be rated in terms of whole connection units. Each tenant with sanitary facilities within a commercial complex will be defined as an individual user. (f) For all users, including single-family dwelling units, equivalent connection units (e.c.u.) will be determined based on the following schedule which accommodates peak demand and potential flow needs: USER & COLLECTOR CHARGES: Single parcel: Malta Town Board Resolutions for 12/2/13, ver Page 2 of 26

3 A. Vacant in Sewer District #2 no charge unless a lateral was requested and installed; if lateral is installed a collector fee shall be charged for each lateral. In Sewer District #1 ½ user per vacant parcel. B. Occupied - Residential (1) Single building a. single dwelling - 1 user, 1 collector if applicable (2) Multiple Family Residence Each separate dwelling unit in a two family, three family or multiple dwelling, which is not an apartment a. 1 user per dwelling unit, minimum of 1 unit b. 1 collector per dwelling unit as applicable (3) Apartments a. Each dwelling unit is assigned 1 user and 1 collector as applicable b. Subsidized senior housing for complexes receiving Federal, State or municipal rent subsidies for dedicated senior housing, each 2 dwelling units will be assigned 1 user and 1 collector as applicable c. Proof of entitlement to the designation as senior subsidized housing will need to be provided by the user and will be subject approval of the Town Board; confirmation of continuance of the subsidy will need to be provided to the District by September 1 st of each year. (4) Trailer Parks a. 1 user for each approved trailer site (5) Condominiums a. Each unit is assigned 1 user and 1 collector as applicable b. Charges will commence upon issuance of a Certificate of Occupancy by the Town for those units that the New York State Department of Law has authorized to be offered for sale. Common area facilities will be assessed to the owner of record as determined under the provisions of Commercial Users. C. Occupied - Commercial a. 1 Collector for each user COMMERCIAL USERS A. Restroom is defined as 1 toilet, sink and/or urinal to be adjusted proportionately for additional facilities B. Commercial, non-food User GPD/restroom, or.1 GPD/sq. ft., whichever is greater Collector - 1 collector per each user C. Other commercial, food/gas, etc. (eg., convenient store) User - 2 per restroom, or.1 GPD/sq. ft., whichever is greater D. Misc. GPD Beauty/Barber shop (per chair) 100 Malta Town Board Resolutions for 12/2/13, ver Page 3 of 26

4 plus 2 units for sanitary facilities Bowling alley (per lane, no food) 75 plus restaurant facility (see below) Camps, day (per person) resort Country club (per member) 25 Hotels/Motels (per room) no kitchen 120 (per room) with kitchen 150 plus dining facilities (see below) Day worker (per shift) Dental office Apply A (SEE ABOVE) - Hospital (per bed) Institutions other than hospitals (per bed) 125 Bed and Breakfast - 2 units per bathroom 400 Schools Day (per student)/day care(per adult and child) 10 cafeteria, add 10 showers, add 5 Boarding (per student) 100 Service station (per restroom) 400 Self-service laundry (per machine) 400 Shopping center.05/sq. ft (plus restaurant, see below) 1 collector per each user Swimming pool/beach with bathhouse 10 (per person) Theatre indoor (per seat) 3 drive-in (per car space) 5 Public assembly (per person) 3-10 Car wash (per bay) 400 Campground (per site) w/facilities 100 Campground Season Use (6 months or less), per site 50 Food Service: Ordinary restaurant ** (per seat) hour restaurant (per seat) 50 restaurant on freeway (per seat) 70 tavern (little food service) (per seat) 20 curb service (per car space) 50 catering/banquet facilities - per seat 20 carryout food service (minimum of 3 users) **This assumes a minimum of 7 GPD/per person and turnover of 5x/day/seat Office building.1/sq. ft. or 2 units per restroom (whichever is more) Warehouse - storage floor space only.02/sq. ft. For all commercial users: where actual sewer flow is measured, that flow (one year's record data) shall be used for determining an e.c.u. count with adjustments for discharge strength and content. The data is to provide cumulative and daily peak flows volumes; the methodology is subject to approval of the Saratoga County Sewer Malta Town Board Resolutions for 12/2/13, ver Page 4 of 26

5 District #1. Users generating higher annual sewer flows than above schedule, the following rate table applies: Consumption (gallons) Connection Units Up to 112, , , , , , , , ,500 5 one. For each additional 75,000 gallons or any part thereof, the number of connection units shall be increased by (g) When there is a substantial increase in sewer flows during the current year, the Town may adjust the number of connection units charged and bill the user directly for that additional sum pursuant to Section 7. (h) Wastewater from wet processing and other operations is subject to the restrictions, prohibitions and surcharges outlined in the Saratoga County Sewer District's rules and regulations covering the discharge of sewage, industrial waste and other waste into the Saratoga County sewer system and all sewers tributary thereto. i. Normal sewer service charges are generally based upon an operation and maintenance charge and a capital project and debt service charge. (j) Outside non-residential users will be charged two and one half-times the rate established and residential housing will be charged one and one-half times that rate. (k) Sewer rates are generally based on the overall construction costs of the system together with debt service and operation and maintenance costs. (l) All costs of the Town s enforcement and response program including, but not limited to, laboratory testing, labor, equipment, materials, consultants and sub-consultants, contractors and subcontractors and fines, shall be reimbursed by the individual or user. SECTION 4 - SCALE OF CHARGES The following is the 2014 scale of charges for Sewer District #1 and #2. (a) The sewer service charge is allocated among the users of the system. The property owners within the Districts will pay the established rate per connection unit listed below for 2014 sewer service: 2014 SEWER CHARGES UNITS CHARGE REVENUE Sewer District #1 107 $ $ 13, Sewer District #2 658 $ $108, Outside User Sewer District #2 1 $ $ Malta Town Board Resolutions for 12/2/13, ver Page 5 of 26

6 SECTION 5 - PAYMENT OF SEWER USER CHARGES All sewer charges shall be collected pursuant to Real Property Tax Law. The Town Assessor utilizing the town and county tax bills for the collection of taxes shall properly code the assessment roll as to the number of connection units for each particular property and for those properties utilizing the system. The number of units assessed will be determined using the Saratoga County Sewer District's formula and normally provided by the Saratoga County Sewer District. SECTION 6 - PENALTIES FOR LATE PAYMENTS Sewer charges shall be subject to the same penalties and interest applicable to County and Town taxes generally. SECTION 7 - PAYMENT OF SEWER CHARGES NOT ON TOWN/COUNTY TAX ROLLS The Town shall bill directly those users of the system not appearing on the town and county tax rolls. Payments shall be made to the Town and forwarded to the Town Comptroller. These bills shall be due within 30 days from the billing date. The Town shall also bill directly those users that have had an increase in connection units during the year. The Town of Clifton Park Sewer Department in cooperation with the Town of Malta shall prepare and transmit to the Town Board, on or before December 1, a list of district residents or property owners within the District that are in arrears in the payment of sewer charges for a period of 30 days or more. The list shall contain a brief description of the properties for which the services were provided, the name of the persons or corporations liable to pay for same and the amount chargeable to each including penalties and interest computed to December 31. The Town Board shall levy such sums against the properties liable and shall state the amount thereof in a separate column in the annual tax roll under the name of town sewer charges. Such amounts, when collected by the receiver of taxes shall be paid over to the Town Comptroller. All of the provision of the tax laws of the State of New York covering the enforcement and collection of unpaid taxes or assessments for special improvements not inconsistent herewith shall apply to the collection of such unpaid charges. Such amounts, when received by the Town Comptroller, shall be credited to the Sewer District #1 and #2 fund for the District s exclusive use. SECTION 9 PROCEDURES This proposed scale of charges shall be considered by the Town Board. The Town Board shall thereafter act upon the proposed scale of charges and upon all appeals in one of the following ways: (a) By confirming the scale of charges by a general resolution; (b) By amending the scale of charges and confirming the amended scale by a general resolution; or (c) By committing the scale of charges to further study and consideration. By Order of the Malta Town Board Resolutions for 12/2/13, ver Page 6 of 26

7 Dated: December 2, 2013 Town Board of the Town of Malta Malta Town Board Resolutions for 12/2/13, ver Page 7 of 26

8 RESOLUTION # - DECEMBER 02, 2013 ADOPT THREE SILOS PLANNED DEVELOPMENT DISTRICT AMENDMENT Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action WHEREAS the Town Board of the Town of Malta ( Town Board ) has received from Capital District Properties, LLC an application dated July 15, 2013 to amend the Three Silos Planned Development District (the PDD ) #51 (Local Law #20 approved in 2007); and WHEREAS the application was referred by the Malta Town Board on the 7 th day of August, 2013 to the Town of Malta s Planning Board and the Saratoga County Planning Board for their review and advice; and WHEREAS the Town Board of the Town of Malta has declared itself Lead Agency for purposes of the analysis required under SEQRA for the proposed Three Silos PDD amendments, site plan and subdivision approvals, and has received no objection to such designation within the time set by statute and/or regulation; and WHEREAS the Town Board of the Town of Malta held workshops on the 19 th day of August, 2013 and the 21 st day of October, 2013; and WHEREAS the Town Board of the Town of Malta held a public hearing pertaining to amending Local Law No. 20 of 2007, Planned Development 167A-57 District Number 51, Three Silos Planned Development District (the PDD ), on the 2 nd day of December, 2013 at 6:55 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 were heard; now, therefore, be it RESOLVED that the Town Board of the Town of Malta hereby adopts the proposed amendment to the Three Silos Planned Development District 167A-57, District No. 51 legislation, in the form annexed hereto; and the Town Clerk is directed to file the said local law with the NYS Secretary of State forthwith. Malta Town Board Resolutions for 12/2/13, ver Page 8 of 26

9 RESOLUTION # - DECEMBER 02, 2013 CARO PLANNED DEVELOPMENT DISTRICT AMENDMENT SET DATE FOR PUBLIC HEARING Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action WHEREAS the Town Board of the Town of Malta ( Town Board ) has received from Michael & Steven Menneto an application dated the 3rd day of October, 2013 to amend the CARO Planned Development District 167A-46 (the PDD ) District #40 to allow the sale and service of power sports equipment in the existing furniture store building; and WHEREAS the application was referred by the Malta Town Board on the 7 th day of October, 2013 to the Town of Malta s Planning Board and the Saratoga County Planning Board for their review and advice; and WHEREAS the Town Board of the Town of Malta has declared itself Lead Agency for purposes of the analysis required under SEQRA for the proposed Three Silos PDD amendments, site plan and subdivision approvals, and has received no objection to such designation within the time set by statute and/or regulation; and WHEREAS the Town Board of the Town of Malta held a workshop on the 18 th day of November, 2013; now, therefore be it RESOLVED that the Town Board of the Town of Malta will hold a public hearing pertaining to amending the CARO Planned Development District 167A-46 (the PDD ) District #40, on the 6 th day of January, 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; and it is further RESOLVED that the Town Clerk of the Town of Malta be and she hereby is directed to publish notification of the said public hearing as required by law. Malta Town Board Resolutions for 12/2/13, ver Page 9 of 26

10 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 amending the CARO Planned Development District 167A-46 (the PDD ) District #40, on the 6th day of January, at 6:5 0 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: December 2, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MALTA FLO E. SICKELS, TOWN CLERK Malta Town Board Resolutions for 12/2/13, ver Page 10 of 26

11 RESOLUTION NO. DECEMBER 02, FIRE PROTECTION CONTRACTS SET DATE FOR PUBLIC HEARING Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action WHEREAS agreements (1) between the Malta Ridge Volunteer Fire Company, Inc. and the Town of Malta, and (2) between the Village of Round Lake and the Town of Malta and (3) Fire Companies Of Malta and the Town of Malta, are under consideration, which proposed agreements would provide for the furnishing of fire protection and emergency services within the Town of Malta Fire Protection District No.1, that is, the territory of which embraces the lands in the Town of Malta outside the Village of Round Lake; now, therefore, be it RESOLVED that the Town Board of the Town of Malta will hold a public hearing concerning such proposed agreements (1) between the Malta Ridge Volunteer Fire Company, Inc. and the Town of Malta, and (2) the Village of Round Lake and the Town of Malta, and (3) Fire Companies Of Malta and the Town of Malta for providing fire protection and emergency services for the period January 1, 2014 to December 31, 2014, with the agreements providing for an administrative, operational and capital replacement funding of $853,500 each for (1) & (2) and $1,000 for (3) said hearing to be held on the 6 th day of January, 2014, at 6:55 o clock P.M., at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020, at which time and place all persons desiring to be heard thereon will be heard; and be it further RESOLVED that the Town Clerk of the Town of Malta be and she hereby is directed to publish notification of the said public hearing as required by law. Malta Town Board Resolutions for 12/2/13, ver Page 11 of 26

12 PUBLIC NOTICE TOWN OF MALTA PUBLIC NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Malta will hold a public hearing concerning proposed agreements (1) between the Malta Ridge Volunteer Fire Company, Inc. and the Town of Malta, and (2) the Village of Round Lake and the Town of Malta, and (3) Fire Companies Of Malta and the Town of Malta for providing fire protection and emergency services for the period January 1, 2014 to December 31, 2014, with the agreements providing for an administrative, operational and capital replacement funding of $853,500 each for (1) & (2) and $1,000 for (3), said hearing to be held on the 6 th day of January, 2014, at 6:55 o clock P.M., at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020, at which time and place all persons desiring to be heard thereon will be heard. Dated: December 2, BY ORDER OF THE TOWN BOARD OF THE TOWN OF MALTA FLO E. SICKELS, Town Clerk RESOLUTION NO. - DECEMBER 02, 2013 AUTHORIZE ATTENDANCE TO ASSOCIATION OF TOWNS MEETING Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action BE IT RESOLVED that the Town Board of the Town of Malta does hereby authorize Elected Officials, Deputy Supervisor, Department Heads, Town Attorney, and one member from each the Zoning Board of Appeals, the Planning Board and the Board of Assessment Review, to attend, at the Town's expense, the annual meeting of the Association of Towns to be held February 16 th through February 19 th, 2014, in New York City. To qualify for daily attendance, the Town Board requires relevant courses being offered and participation in classes directly relevant to the attendee s duties and responsibilities. Any questions as to whether other persons shall be allowed to attend the said meeting will be decided by the Town Board. Individuals will be reimbursed by the Town at the Federal per diem rate and for the cost of transportation to and from New York City for the purpose of attending the said meeting, provided, however, that in no event will the cost of reimbursement to any individual for transportation be more than the cost of transportation from the Town of Malta to New York City by bus or train. Malta Town Board Resolutions for 12/2/13, ver Page 12 of 26

13 RESOLUTION NO. - DECEMBER 02, 2013 ESTABLISH 2014 WAGE & SALARY STRUCTURE Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action IT IS RESOLVED that the Town Board of the Town of Malta hereby adopts the wage and salary structure as annexed hereto and made a part hereof. (Attachment) Malta Town Board Resolutions for 12/2/13, ver Page 13 of 26

14 RESOLUTION NO. - DECEMBER 02, 2013 ADOPT 2014 WAGE & SALARY SCHEDULE Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action IT IS RESOLVED that the Town Board of the Town of Malta hereby adopts the schedule of wage and salaries as annexed hereto and made a part hereof; and be it further RESOLVED that the Town Board of the Town of Malta hereby authorizes an increase of a COLA of 1.66% for part-time Committee secretaries and be it further RESOLVED that the Town Board of the Town of Malta hereby authorizes the following longevity plan for full time and part time employees excluding elected and unionized employees: Employees Reaching FT PT 10 Years of Service 1Time Longevity Payment $250 $ Years of Service 1 Time Longevity Payment $500 $ Years of Service 1 Time Longevity Payment $750 $ Years of Service 1 Time Longevity Payment $1,000 $500 Every 5 Years of Service Thereafter 1 Time Longevity Payment $1,000 $500 Longevity payments for full time employees are based on their full time hire date. For the year 2014 all employees will be paid for the last longevity payment that they would have qualified for by taking the year 2014 and subtracting their full time hire date for full time employees and hire date for part time employees. Longevity Payments will paid by no later than February 15 of the calendar year. (Attachment) Malta Town Board Resolutions for 12/2/13, ver Page 14 of 26

15 RESOLUTION # - DECEMBER 02, 2013 AMEND FLEXIBLE SPENDING PROGRAM PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action Unanimous; WHEREAS, the Town Board of the Town of Malta has previously adopted the Town of Malta Flexible Spending Program Plan Document and Summary Plan Description which has also been amended over the years, and WHEREAS, the Town Board of the Town of Malta desires to amend the Flexible Spending Program Plan Document and Summary Plan Description as follows: Effective January 1, 2013 to enable participating employees to carry forward unused flexible health spending dollars not to exceed $500 to the next calendar year. Effective January 1, 2014 to provide a limited flexible spending component for dental and eye vision care costs NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Malta hereby amends the Town of Malta Flexible Spending Program Plan Document and Summary Plan Description to allow following: Effective January 1, 2013 to enable participating employees to carry forward unused flexible health spending dollars not to exceed $500 to the next calendar year. Effective January 1, 2014 to provide a limited flexible spending component for dental and eye vision care costs AND BE IT FURTHER RESOLVED, Jaeger and Flynn Associates which has a business affiliation with Preferred Groups Plans will become the primary administrator of the program and be the entity responsible for amending the program documents as a result of discussions between the Town of Malta, Jaeger and Flynn Associates and Preferred Group Plans. AND BE IT FURTHER RESOLVED, the Supervisor and Town Comptroller are directed to coordinate the execution and amendment of the documents and distribute a copy of said amendments to participants of the Town of Malta Flexible Spending Program. Malta Town Board Resolutions for 12/2/13, ver Page 15 of 26

16 RESOLUTION NO. DECEMBER 02, 2013 AUTHORIZE 2013 VACATION CARRYOVER Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; WHEREAS the Town Board of the Town of Malta s vacation policy requires that all requests to defer more than 5 vacation days, with the total not to exceed 10 days, must be approved by the Town Board, and WHEREAS the following individuals have requested to defer more than 5 vacation days but no more than 10 days; Kevin King, Audrey Ball, Anthony Tozzi, Linda Deprey, Wayne Hoffman, Tim Murphy, Jack Devine, Gary Osterhout and Phyllis Mullany, now, therefore be it RESOLVED the Town Board of the Town of Malta approves this request and grants permission to these individuals to carry over 2013 vacation days. RESOLUTION # - DECEMBER 02, 2013 AUTHORIZE LEAVE WITHOUT PAY MICHELLE SAVOIE Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; BE IT RESOLVED, the Town Board of the Town of Malta be and hereby authorizes leave without pay for Parks & Recreation Department employee, Michelle Savoie, while out on medical leave through the 16th of December, RESOLUTION NO. - DECEMBER 02, 2013 EXTEND 2013 APPOINTMENTS Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action IT IS RESOLVED that the Town Board be and hereby extends all 2013 appointments from the 31 st of December 2013 to the 6 th day of January, Malta Town Board Resolutions for 12/2/13, ver Page 16 of 26

17 RESOLUTION # DECEMBER 02, 2013 AUTHORIZE 2014 CONSTRUCTION INSPECTION SERVICES (GlobalFoundries) Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action Unanimous; WHEREAS the Town of Malta had solicited proposals for construction inspection services related to the construction of the GlobalFoundries nanotechnology chip manufacturing plant in the Luther Forest Technology Campus; and WHEREAS the Building and Planning Department reviewed the proposals received and recommended to the Town Board of the Town of Malta the proposal of the Chazen Companies; and WHEREAS, subsequent to the original request for proposal, it was determined at various dates that an expanded scope of services would be required relating to construction inspection services, administrative services, design review, tool review and inspection services and Town Code enforcement services for the initial project and subsequent modifications for the Phase 2 Expansion, FAB 8.1 Expansion project and the TDC Project based upon the New York State Building Code; which were all outlined in various proposals prepared by the Chazen Companies, reviewed by GlobalFoundries and approved by the Town Board through the issuance of Change Orders; and WHEREAS the Town Building and Planning Department and Chazen Companies, based upon recent conversations with GlobalFoundries representatives, are of the understanding that all parties have agreed, that as a result of the continued construction at GlobalFoundries additional plan review, inspection and other supporting services would be required in 2014; and WHEREAS, Chazen has recommended and the Town and GlobalFoundries have agreed that in an attempt to simplify the administration of the project that all existing projects should be consolidated into a single project; and WHEREAS Chazen has submitted a proposal dated October 10, 2013, in the amount not to exceed of $1,241,250 of which $710,000 will be funded with anticipated existing budgets remaining in 2013 and anticipates another $531,250 will be required to be funded into the escrow account for these services as well as $103,500 for 2014 Town Code enforcement services, now, therefore be it Malta Town Board Resolutions for 12/2/13, ver Page 17 of 26

18 RESOLVED the Town Board of the Town of Malta approves the 2014 contract amendment in the amount not to exceed $531,250 to the Chazen Companies contract for the expanded scope of professional and construction services required for the GlobalFoundries construction projects; and be it further RESOLVED that the cost for said contract amendment and the cost of the Town s code enforcement services will be funded through an escrow account established by GlobalFoundries; and be it further RESOLVED that the Town Supervisor of the Town of Malta be and hereby is authorized and directed to execute a document to facilitate this contract amendment as described herein in a form acceptable to the Town Attorney and subject to the formal consenting approval of Global Foundries as to the scope of services required. Malta Town Board Resolutions for 12/2/13, ver Page 18 of 26

19 RESOLUTION NO. DECEMBER 02, 2013 AMEND LFTC RECREATION FIELD CAPITAL PROJECT BUDGET Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action Unanimous; 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 would like 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 WHERAS the Director of Parks, Recreation and Human Services has recommended amending the LFTC Recreation Field Capital Project Budget in the amount of $70,000 for further design services; now, therefore, be it RESOLVED that the Town Board of the Town of Malta hereby authorizes an amendment to 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 be it further RESOLVED the Town Board of the Town of Malta amends the LFTC Recreation Field Capital Project in the amount of $70,000 which will be funded by the Town of Malta Park Reserve and Town of Malta Recreation Mitigation Fees; and be it further RESOLVED that this resolution relating to the expenditure of any monies from the Town of Malta Park Reserve 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 Malta Town Board Resolutions for 12/2/13, ver Page 19 of 26

20 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. RESOLUTION # DECEMBER 02, 2013 LFTC-EDC LANDSCAPE/MAINTENANCE AGREEMENT Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; WHEREAS the Town of Malta has an obligation to perform landscaping and maintenance along the Town Interior Roads with the land adjacent to the Town-owned roads, including the right-of-ways, the median areas within Town-owned roads and wetland mitigation; and WHEREAS the LFTCEDC proposed an agreement whereby it would provide such landscaping and maintenance; and WHEREAS the LFTCEDC, pursuant to the following agreement, will assume responsibility and perform the mowing, weed-whacking, seeding/adding top soil to bare areas, maintenance shrubs and plan beds and maintaining the wetland mitigation areas; and WHEREAS this agreement will be in effect for the calendar year 2014 and will be reevaluated on a year-to-year basis by both parties; and WHEREAS LFTCEDC will supply the Town with a Certificate of Liability Insurance naming the Town as additional insured, which liability insurance will cover these activities; now therefore be it RESOLVED the Town Board of the Town of Malta approves the aforementioned agreement and authorizes the Town Supervisor to execute said agreement. Malta Town Board Resolutions for 12/2/13, ver Page 20 of 26

21 RESOLUTION # - DECEMBER 02, 2013 SPEED REDUCTION REQUEST CRAMER ROAD/ROUTE 9 Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; WHEREAS the Town Board of the Town of Malta has received concerns from several residents regarding the speed of motor vehicles along the Route 9 corridor especially at the intersection of Route 9 and Cramer Road in the Town of Malta; and WHEREAS, there has been an increase in motor vehicle accidents at this intersection; 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 the Route 9 corridor especially at the intersection of Route 9 and Cramer Road in the Town of Malta; 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. Malta Town Board Resolutions for 12/2/13, ver Page 21 of 26

22 RESOLUTION # - DECEMBER 02, 2013 HIGHWAY SWEEPER GRANT APPLICATION Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; Water Quality Improvement Projects and Nonagricultural Nonpoint Source Projects Municipal Resolution Resolution authorizing t he items lis t e d below pursuant to th e Bond Acts enac t e d in 1965, 1972 and 1996 an d the Environmental Protection Fund, as well as federal grant awards available for such projects. WHEREAS, the Town of Malta, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law ( ECL ) authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Malta: 1. That Paul Sausville, Town of Malta Supervisor, or such person s successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; Malta Town Board Resolutions for 12/2/13, ver Page 22 of 26

23 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation 4. That this Resolution take effect immediately. (see Sweeper Grant Application attached as separate file) Malta Town Board Resolutions for 12/2/13, ver Page 23 of 26

24 RESOLUTION # - DECEMBER 02, 2013 ENDORSE LINKAGE GRANT APPLICATION TO CAPITAL DISTRICT TRANSPORATION COMMITTEE (CDTC) Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action WHEREAS the Capital District Transportation Committee (CDTC) is accepting grant applications for the Community and Transportation Linkage Study; and WHEREAS the Building and Planning Coordinator has recommended submittal of such an application to request $40,000 for consultant grant funds for the purpose of developing a Downtown Main Street Corridor Plan, within a memorandum dated November 24, 2013; and WHEREAS there is a 25% match requirement equal to $10,000; and WHEREAS a contact person must be identified within the grant application; and WHEREAS this proposed action is not subject to the State Environmental Quality Review Act because the proposed action is intended to result in the adoption of a land use plan, which is classified as a Type II action pursuant to 6 NYCRR Part (c) (21) and (27); now, therefore be it RESOLVED that the Town Board of the Town of Malta hereby endorses the submittal of a grant application to the Capital District Transportation Committee for the Community and Transportation Linkage Study requesting $40,000 of consultant services grant funds to be match from Town of Malta revenue in the amount of $10,000 for the purpose of drafting a Feasibility Study and Plan for a NYS Route 9 Reconfiguration within the corridor extending along Form-based Code zoning districts, to be commonly referred to as a Downtown Main Street Corridor Plan, that Building and Planning Coordinator Anthony Tozzi prepare the grant application to generally reflect objectives identified in the memorandum noted above and shall be designated as the contact person for these purposes, and that the Town Supervisor shall endorse the required Letter of Intent. Malta Town Board Resolutions for 12/2/13, ver Page 24 of 26

25 RESOLUTION # DECEMBER 02, 2013 AMEND LEASE AGREEMENT FOR 2578 ROUTE 9 PROPERTY Motion by: Seconded: Action: Enacted; Defeated; Tabled to next meeting; No action Vote: Unanimous; WHEREAS the Town of Malta owns property located at 2578 Route 9, Malta, New York; and WHEREAS the Town Board of the Town of Malta authorized the leasing of the property located at 2578 Route 9, Malta, New York at $1,490 per month, triple net with a 4% yearly increase and directed the Town Supervisor to publicly advertise the leasing of the property, subject to permissive referendum as provided by law, including Town Law Article 4, Section 64, General Powers of Town Board; and WHEREAS the Town of Malta received a proposal from Pellegrino Importing Company for the leasing of the property at $2,200 triple net for the first year with 4% annual increase, plus in addition to the monthly rent payment the Company will be required to pay pro-rated monthly property taxes to the Town; and WHEREAS the Town of Malta entered into a 10 year lease agreement with Pellegrino Importing Company with an option to terminate the lease after 5 years by either party subject to a one year notice and the Town s termination must be for the purpose of using the property for governmental purposes; and WHEREAS the taxable land value of the property increased considerably as a result of a Town-wide reassessment and Pellegrino Importing Company did not receive due notice of said increase since they were not the legal owners of the property; and WHEREAS the Town of Malta has received a letter from Pellegrino Importing Company requesting a lease amendment, which is attached hereto and made a part hereof: now, therefore, be it RESOLVED that the Town Board of the Town of Malta hereby authorizes the amendment of to the terms of the lease of the property located at 2578 Route 9, Malta, New York to Pellegrino Importing Company, subject to the expiration of the permissive referendum period, as follows: 1. Taxable Land Value for which the property taxes relating to the land portion of the tax bills will be calculated upon will be 75% of the assessed land value for the applicable tax roll period of the parcel. The new taxable land value will be used to calculate the applicable taxes relating to the land portion of the tax bill starting with the first lease Malta Town Board Resolutions for 12/2/13, ver Page 25 of 26

26 payment. 2. There will be no increase in school taxes due under the lease agreement for the period July 1, 2013 to September 30, All future notices of changes in the assessed value of the property shall be forwarded to Pellegrino Importing Company in addition to the Town of Malta and Pellegrino Importing Company shall have the right to grieve the property assessment. BUDGET TRANSFERS RESOLUTION NO. DECEMBER 2, 2013 Motion by: Seconded: Action: Vote: Enacted; Defeated; Tabled to next meeting; No action Malta Town Board Resolutions for 12/2/13, ver Page 26 of 26