MALTA TOWN BOARD MEETING March 4, 2019 6:00 PM Malta Town Hall ELECTED OFFICIALS PRESENT: Supervisor Darren O Connor, Councilman John Hartzell, Councilman Craig Warner, Councilwoman Cynthia Young, Councilman Tim Dunn, Town Clerk Jennifer Holmes, Highway Superintendent Roger Crandall OTHERS PRESENT: Deputy Supervisor Vincent DeLucia, Town Attorney Tom Peterson, Comptroller Kevin King, Director of Building & Planning Jaime O Neill and Director of Parks & Recreation Alyssa Benway PUBLIC PRESENT: Tim Downey, Woody Sloat, Chris Morrell, Mark E. Hammond, Cyndie Troischt, Joe Gerbel, Darren Persons, Matt Coldrick, Murray & Kathy Eitzmann, Marion Crandall SALUTE TO THE FLAG AND SILENT PRAYER: REPORTS/COMMENTS FROM TOWN BOARD & DEPARTMENT HEADS: Councilwoman Cynthia Young commented on how user friendly the new brochure of the Community Center s The Guide is. She said it really stood out in the mailbox. Councilwoman Young also complemented on how easy the Community Centers webpage is to navigate. Councilman Dunn, who had reservations on the new brochure, said he was wrong about his reservations. He stated that the brochure was awesome and a fantastic product. Supervisor O Connor informed the TB that the pre-construction estimate for the garage came in a bit higher than thought. The estimate came in at $315,000, the original budget was $300,000. With some changes to the pre-construction estimate the dollar amount is roughly at $280,000. The purpose of the information this evening is to see if the TB feels that the project should continue going forward, to stop now, or get a general direction from the TB. The Supervisor also wanted to give an early indication on the direction of the TB on an expansion of the salt storage barn. Roger Crandall the Highway Superintendent stated he currently orders as needed instead of for the season. The TB consensus is to move forward with the 1 st priority being garage unfinished project with the reasoning that it is Town Government operations. The salt storage can be addressed after the garage project, which is top priority. Councilman Dunn stated that the flooding in Luther Forest that occurs during a rapid thaw needs to be prioritized soon, possibly during the budget process. ACCEPT TOWN CLERK MINUTES FROM 2/25/2019: Motioned by: Councilman Hartzell Seconded: Councilman Dunn Vote: Ayes-5 Nays-0
COMMENTS OR QUESTIONS FROM RESIDENTS: Kathy Eitzmann, Malta Senior s President, said there were approximately 108 attendees at the Senior Luncheon today. Andy s Adirondack Grill catered the event. The guests at the luncheon were Phil Barrett (Clifton Park Supervisor) and the Clifton Park Senior Band. The next luncheon is scheduled in three months. The TB members complimented Kathy on the great job she does with and for the seniors. Great Job, A lot of Fun and Nice Work. Matt Coldick, Round Lake Trustee, took the podium and addressed the TB on the willingness of the Village being an option for a water supply source for Maltaville. He referenced the water study from 2009-2011 reflecting a lower cost utilizing the infrastructure of the Village as a water supply source. NEW BUSINESS: Maltaville Water District Discussion- Supervisor O Connor thanked all involved for thinking of every conceivable option available to provide Maltaville with water while reviewing every affordable option as well. The option of the Village of Round Lake was researched on both the Village being provided water with a connection at Rt. 67 and Rt.9 and the option of the Village supplying water to Maltaville. The amount of water pressure available from the Village would not adequately provide to all Maltaville residents who live on Rt. 67 due to the incline of the terrain and residents further down Knapp Rd. residing on Lake Ridge Rd. It would only be able to service a small portion of Maltaville. The Stillwater connection from Joyce Rd. to Knapp. Rd, to Rt. 67 and Rt.9 will require a significate amount of water line being installed and would adequately provide water to all of Maltaville. The option of connecting with Stillwater along Rt. 67 from the town line would also involve extensive water line being run. The option of connecting with Saratoga Water Services running along Rt. 9 south of Woodfield Blvd to Rt. 67 and supplying Maltaville is an option. The Supervisor stated that the lowest cost with quality water to residents is the main objective. The cost of the options of the Stillwater connection or the SWS connection are the most viable options now. Marissa Mackay executive president of SWS said if an update/finalization of on the routing line is forwarded to her she will provide the cost and information. Joe Lanaro from The Chazen Companies said a proposal that defines gallon storage cost for reserve, cost for water supply, and cost to operate and maintain are required factors. The Supervisor asked what the amount would be involved in effort and cost for the outline on the options. Mr. Lanaro replied $1,500.00. Councilman Warner suggested defining the footprint, obtaining the fees for water cost and compare to Stillwater options. The Supervisor polled the TB on spending $1,500 for the updated scope by Chazen. Councilman Hartzell motioned to have a resolution drawn for the expenditure for the report. Seconded by Councilman Warner and agreed by all. Deputy Supervisor Vincent DeLucia commended the TB, Chazen and SWS for the past 15 years of research, investigation, reports, engineering options, cost evaluations and not losing sight of commitment and legal parameters to provide clean quality water to residents in Maltaville.
RESOLUTION NO 74 MARCH 4, 2019 MALTAVILLE WATER SUPPLY PROJECT FEASIBILITY PROJECT Motioned: Councilman Hartzell Vote: Supervisor O Connor-Aye Councilman Hartzell-Aye Seconded: Councilman Warner Councilman Dunn-Aye Councilman Warner-Aye WHEREAS the Town of Malta is considering the feasibility of providing water to the Maltaville area; and WHEREAS the Town of Malta has been provided a feasibility study by the Chazen Companies in the summer of 2017; and WHEREAS the Town of Malta authorized the Town Supervisor to enter into an agreement with The Chazen Companies to update the 2017 feasibility study to consider the coverage of certain parcels along Route 67 and the possibility of obtaining water from the Saratoga County Water Authority line on Route 9 for supply to the proposed water district and to Round Lake, and to update the figures in the 2017 study; and WHEREAS the Town of Malta would like to obtain an additional update of the 2017 feasibility study to consider the possibility of obtaining water from Saratoga Water Services on Route 9 for supply to the proposed water district, and to update the figures in the 2017 study; and WHEREAS the Town Board of the Town of Malta authorized the Town Supervisor to enter into an agreement with The Chazen Companies to update the 2017 feasibility study to consider the coverage of certain parcels along Route 67 and the possibility of obtaining water from the Saratoga County Water Authority line on Route 9 for supply to the proposed water district and to Round Lake, and to update the figures in the 2017 study, by Resolution #72 of February 4, 2019, for a cost not to exceed $2,000; now, therefore, it is RESOLVED the Town Board of the Town of Malta authorizes the Town Supervisor to enter into an agreement with The Chazen Companies to update the 2017 feasibility study to consider the possibility of obtaining water from Saratoga Water Services on Route 9 for supply to the proposed water district, and to update the figures in the 2017 study; and it is further RESOLVED that the cost of the updated feasibility study shall not exceed $1,500.
RESOLUTION NO 75 MARCH 4, 2019 AMEND CHAPTER 167 NON-CONFORMING USE EXTENSION SET DATE FOR PUBLIC HEARING Motion by: Councilman Dunn Seconded: Councilwoman Young Vote: Supervisor O Connor-Aye Councilman Dunn-Aye Councilman Hartzell-Aye Councilman Warner-Aye Councilwoman Young-aye WHEREAS the Town Board of the Town of Malta wishes to temporarily amend 167-12(D) of the Town Code to provide for a two year window of opportunity to expand legal non-conforming uses within a structure in the form annexed hereto (the Project ); now, therefore, it is RESOLVED that the Town Board of the Town of Malta designates itself Lead Agency for purposes of administration of the State Environmental Quality Review Act (6 NYCRR 617.6(b)) with respect to the Project; and it is further RESOLVED that the Town Board finds that the Project is an Unlisted Action pursuant to 6 NYCRR 617.4 and 617.5 and accordingly a Short Environmental Assessment Form ( SEAF ) shall be prepared pursuant to 6 NYCRR 617; and it is further RESOLVED that the proposed legislation be provided to the Saratoga County Planning Board for its review and comment, together with all other interested and involved agencies entitled to notice by law or regulation; and it is further RESOLVED that the Town Board of the Town of Malta will hold a public hearing concerning temporarily amending 167-12(D) of the Town Code to provide for a two year window of opportunity to expand legal non-conforming uses within a structure, said hearing to be held on the 1 st day of April, 2019, at 6:00 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 it is lastly 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. RESOLUTION NO 76 MARCH 4, 2019 AUTHORIZE AGREEMENT WITH TROY & BANKS FOR UTILITY AUDIT Motion by: Councilman Dunn Seconded: Councilman Hartzell
Vote: Supervisor O Connor-Aye Councilman Hartzell-Aye Councilman Dunn-Aye Councilman Warner-Aye WHEREAS the Town Comptroller s Office requested proposals for professional services to perform an audit of the cable franchise fees received by the Town from its cable service provider; and WHEREAS the Town Comptroller s Office received one proposal and recommended to the Town Board of the Town of Malta to authorize Troy and Banks to perform the tasks outlined in the proposal; and WHEREAS the Town Comptroller s Office was satisfied with the services provided by Troy and Banks which resulted in a settlement of additional cable franchise fees due to the Town; and WHEREAS the Town Comptroller s Office has received a supplemental proposal from Troy and Banks to perform an audit of the Town s gas, electric, telecommunications and water utility service accounts; and WHEREAS the Town Comptroller s Office recommends the Town Board of the Town of Malta to authorize Troy and Banks to perform an audit of the Town s gas, electric, telecommunications and water utility service accounts as outlined in the supplemental proposal; now therefore be it RESOLVED the Town Board of the Town of Malta accepts the supplement proposal of Troy and Banks to perform an audit of the Town s gas, electric, telecommunications and water utility service accounts and Troy and Banks will receive as its compensation for this service a contingency fee of thirty (30%) of the underpayments identified and recoverable for the years 2012-2018. No contingency fee will be paid on monies received for the years 2019 and beyond. RESOLUTION NO 77 MARCH 4, 2019 ACCEPT AMMENDMENTS TO THE 2019 MALTA EMERGENCY SERVICES (EMS) AGREEMENT Motion by: Councilman Dunn Vote: Supervisor O Connor-Aye Councilman Hartzell-Aye Seconded: Councilwoman Young Councilman Dunn-Aye Councilman Warner-Aye
WHEREAS the Malta Ambulance Corps, Inc. has requested that amendments be made to the existing 2019 Malta-Stillwater Emergency Services Agreement to clarify the relationship of the parties; and WHEREAS the Town Board has review the proposed changes and finds that they are consistent with the intent of the parties; now, therefore, it is RESOLVED that the Town Board of the Town of Malta hereby accepts the amendments to the 2019 Malta-Stillwater Emergency Services Agreement in the form annexed hereto, and authorizes and directs the Town Supervisor to execute the same; and it is further RESOLVED that during the effective period of this Agreement, the Town Supervisor may sign an amendment in a form acceptable to the Town Attorney to correct clear errors, provided such changes do not alter the substantive provisions of the Agreement or the purpose for which the Agreement was made; and it is lastly RESOLVED that a copy of the Agreement shall be maintained in the Town Clerk s Office. RESOLUTION NO 78 MARCH 4, 2019 ACCEPT/REJECT MALTA COMMUNITY PARK BID Motion by: Councilman Dunn Seconded: Councilman Warner Vote: Supervisor O Connor-Aye Councilman Dunn-Aye Councilman Hartzell-Nay Councilman Warner-Aye WHEREAS the Town Board of the Town of Malta hereby accepted the proposal of the LA Group at a fee not to exceed $13,205 for the detailed design and engineering services for Part 1, and accepts the proposal of the LA Group at a fee not to exceed $19,313 for the detailed design and engineering services for Part 2, relating the Malta Community Park improvement project; and WHEREAS the Town Board of the Town of Malta authorized the Director of Parks Recreation and Human Services to solicit bids for the proposed improvements to the Malta Community Park based upon the LA Group detailed design and engineer report; and WHEREAS the LA Group has reviewed said bids and recommends to the Town Board of the Town of Malta to award said bid to Evolution Construction Services, LLC at a base bid amount of $258,000; now therefore be it
RESOLVED the Town Board of the Town of Malta hereby accepts the base bid of Evolution Construction Services, LLC of $258,000 relating the Malta Community Park improvement project with $100,000 of said cost to be funded with a State Grant and the remainder of said monies to be transferred from the Town s parkland reserve and recreation mitigation fees into the Malta Community Park Capital Project and said resolution is subject to permissive referendum as required by General Municipal Law and be it further RESOLVED the Town Board of the Town of Malta authorizes and directs the Town Supervisor, Town Comptroller and Town Attorney to execute any and all paperwork relating to the project and to obtain the necessary payment and performance bonds and insurance from the contractor as outlined in the bid documents in a form acceptable to the Town Attorney. RESOLUTION NO 79 MARCH 4, 2019 ACCEPT/REJECT TOWN-WIDE BULK PICK UP BID Motion by: Councilwoman Young Seconded: Councilman Dunn Vote: Supervisor O Connor-Aye Councilman Dunn-Aye Councilman Hartzell-Aye Councilman Warner-Aye WHEREAS, by Notice to Bidders, 2019 TOWNWIDE REFUSE PICK-UP, Spec #2017-011H, the Town of Malta solicited bids for Town-wide refuse pick-up; and WHEREAS the Town of Malta finds that the lowest and only responsible bidder is County Waste, with a bid of $37,800 plus $70 per ton of waste disposed; now, therefore, it is RESOLVED that the bid of County Waste is accepted; and further RESOLVED, the Town Board of the Town of Malta be and hereby authorizes a $10,000 transfer from contingency to cover estimated additional cost of service based on 2017 tonnage. RESOLUTION NO 80 MARCH 4, 2019 APPROVE AGREEMENT ON SUNDAY USE OF COMMUNITY CENTER Motion by: Councilman Hartzell Seconded: Councilman Warner Vote: Supervisor O Connor-Aye Councilman Dunn-Nay Councilman Hartzell-Aye Councilman Warner-Aye
IT IS RESOLVED that the Town Board of the Town of Malta hereby approves the Building Use Agreement between the Town of Malta and Next Level Church in the form set forth below, and authorizes and directs the Town Supervisor to execute the same. A copy of the Agreement shall be maintained in the Town Clerk s Office. This agreement is made on March, 2019, between the Town of Malta, the Owner, and Next Level Church, the Licensee. The parties shall be referred to as the Owner and the Licensee in the remaining provisions of this lease. 1. Premises Used; Term of Use. The Owner hereby permits Licensee to use the following spaces inside Owner s Community Center located at 1 Bayberry Drive, Malta, New York 12020: Multipurpose room, and rooms 102, 105, 106. The term of use is one year, commencing April 1, 2019 and ending March 31, 2020, on Sundays from 6:30 AM to 12:30 PM. The term of use notwithstanding, either Owner or Licensee may terminate this lease upon giving two months notice to the other. Owner may, upon notice of at least two weeks, relocate Licensee s use from the multipurpose room to the gymnasium, and from rooms 102, 105 and 106 to other locations. 2. Rent; User Fees; Time and Manner of Payment of Rent. The rental fee is $600.00 per Sunday, which must be paid on or before the first day of each month, in the amount of $2,400.00 or $3,000.00, depending on the number of Sundays in the month. Checks shall be payable to the Town of Malta at the address listed below. In addition to this rental fee, Licensee shall pay Owner an amount equal to all costs incurred in providing the following services: (a) snowplowing and snow shoveling conducted on Saturdays or Sundays in order to make the building available on Sunday; (b) appointing one person, either an employee of the Town or an independent contractor approved by the Owner, to be present on site during use by Licensee; and (c) repair or maintenance of damage sustained during the use of the facility and caused by Licensee or its attendees, guests and participants. Owner will send Licensee an invoice for these additional costs on a monthly basis, and payment will be due within 30 days of the date of the invoice. 3. Condition and Use of Premises. Licensee will leave the premises in the same condition as existed at the start of its possession each Sunday. Licensee is responsible for setup, take-down and cleaning of the rooms. Setup, take-down and cleaning shall be performed during the rental period stated above (e.g., each Sunday). The Licensee is responsible for providing its own cleaning equipment and supplies.
Any cleaning performed by Owner as a result of the gathering will be assessed a fee of $50 per hour and will be assessed in full-hour increments. There shall be no smoking or possession or consumption of alcoholic beverages, including beer, wine, liquor or other intoxicating beverages, allowed on Owner s grounds. There shall be no smoking in Owner s buildings or in the entrances of the buildings. The possession or use of a weapon is prohibited on Owner s grounds and facilities. All pets on Owner s grounds must be leashed and all animal waste must be removed from the grounds by the owner. Animals are not permitted in Owner s buildings during the gathering, except a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. 4. Liability of Owner; Reimbursement by Licensee. If the Owner must pay any damages for a claim arising from the fault of the Licensee, then the Licensee must reimburse the Owner for any such sums paid. In addition, the Licensee must reimburse the Owner for any expense of the Owner incurred in defending against such claim, including reasonable attorneys fees, whether or not the Owner is found liable to any person. 5. Indemnification. Should the owner be found be liable by a court of competent jurisdiction or arbitrator for any claims for injury or damages resulting from or arising out of the use of the premises ( Damages ), the Licensee shall pay such Damages in full, or reimburse the Owner for any Damages paid as a result of such finding. Licensee agrees to indemnify Owner and hold it harmless against any and all such claims, damages, losses and expenses, including reasonable attorney s fees, as a result of the Licensee s gatherings. This provision is intended by the parties to be broadly interpreted so as to accomplish the goal of relieving Owner from any cost or liability associated with the Licensee s gathering. 6. Compliance with Rules. The Licensee will observe and comply with such reasonable rules as the Owner shall prescribe by written notice to the Licensee. These rules may be changed from time to time by written notice. 7. Compliance with Laws and Regulations. The Licensee shall comply with all laws, orders, rules and regulations of federal, state, county and municipal authorities and with the direction of any Town officer, with respect to the premises. In the event of an emergency situation and Owner decides to close the building, or dedicate the building for uses arising from an emergency, Licensee will be notified as soon as possible, and will not be
allowed to use the building for that time period. Any fee attributable to this interruption will be credited or refunded to Licensee, however no damages for such interruption shall be paid under any circumstances. 8. Assignment. This agreement may not be assigned, nor may the use of the premises be permitted by Licensee to any other group, entity or person without written consent of the Owner. 9. Revocation. The Supervisor, the Deputy Supervisor and the Director of Parks and Recreation of the Town of Malta, the New York State Police or the Saratoga County Sheriff, may revoke any permit previously granted if it is determined by such person that the application for permit contained any misrepresentation or false statement, or that any condition set forth in the rules, regulations or policies governing the permit requested is not being complied with, or that the safety of the patrons or visitors to the facility is endangered by the continuation of such activity. 10. Insurance Licensee agrees to assume liability for any damage done to any property, or to any person, as a result of the Licensee s gathering. A certificate of insurance in a form acceptable to the Town Attorney must be provided in the minimum amount of $1,000,000 liability naming the Town of Malta as an additional insured. If Licensee anticipates any event to be catered, it must seek Owner s permission, which may be subject to an additional certificate of insurance from the caterer. 11. Notices. All notices to be given to the Licensee by the Owner or by the Licensee to the Owner shall be in writing and delivered by mail at the addresses listed below. 12. Waiver by Owner or Licensee Limited. If either the Owner or Licensee waives or fails to enforce any of their rights under this agreement, it will not mean that any other rights under this lease are waived. Further, if the Owner or Licensee waives or fails to enforce any of their rights under a specific paragraph of this agreement, such waiver or failure to enforce such rights will be limited to the specific instance in question and will not be a waiver of any later breaches of such paragraph. 13. Invalidity or Illegality of Part of Agreement. If any part of this agreement is invalid or illegal, then only that part shall be void and have no effect. All other parts of this agreement shall remain in full force and effect. 14. Representations by Owner.
The Owner and the Owner's agents have made no representations or promises except those contained in this agreement. This agreement sets forth the full understanding of the Owner and the Licensee. 15. Modification or Change. The only way in which any of the provisions of this agreement can be changed or modified is by a written agreement signed by both of the Owner and the Licensee. 16. Persons Bound by Agreement. It is the intent of the Owner and the Licensee that this lease shall be binding upon the Owner and Licensee and their agents, employees, offices, volunteers and contractors, and upon any parties who may in the future succeed to their interests. 17. Governing Law This agreement will be interpreted and applied under the laws of the State of New York. This agreement may be executed in counterpart. Any action to enforce or arising out of this agreement shall be brought in New York State Supreme Court for the County of Saratoga. RESOLUTION NO 81 MARCH 4, 2019 BUDGET TRANSFERS & COMPTROLLERS REPORT Motion by: Councilman Dunn Vote: Supervisor O Connor-Aye Councilman Hartzell-Aye Seconded: Councilman Warner Councilman Dunn-Aye Councilman Warner-Aye 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 2019 Town Budget; and WHEREAS the Town Board of the Town Board of Malta desires to amend the 2019 Town Budgets for estimated revenues and appropriations and amend budgetary appropriations between department and intradepartment line items; now, therefore, be it
RESOLVED that the Town Board of the Town of Malta hereby authorizes the 2019 Town-wide General Fund to be amended as follows: Increase Community Center Equipment (1) A7989.2 $ 4,000 Increase Roundabout Equipment (1) A8510.2 $ 3,000 Decrease Operating Transfers A9950.8 $ 7,000 Increase Theater Contractual A7989.61 $ 1,500 Decrease Community Center Programing A7989.50 $ 1,500 (1) Zero Turn Mower Purchase COMMENTS OR QUESTIONS FROM TOWN RESIDENTS: None ADJORN: 7:08 PM Motioned: Councilman Dunn Vote: Ayes-5 Nays-0 Seconded: Councilman Hartzell Respectfully Submitted, Jennifer Holmes Malta Town Clerk