REGULAR MEETING, MAY 5, 2008
TOWN OF MALTA
TOWN BOARD MEETING
Minutes of the Regular Meeting of the Town Board of the Town of Malta held May 5, 2008, at the
New Town Hall beginning at 6:30 p.m. with one public hearing.
BOARD MEMBERS AND ELECTED OFFICIALS PRESENT: Paul Sausville, Supervisor;
Flo E. Sickels, Town Clerk; Glenn Rockwood, Deputy Supervisor; Gerald Winters, Deputy
Supervisor; Councilperson Tara Thomas; Councilperson Peter Klotz; Councilperson Sue Nolen;
OTHERS PRESENT: Tom Peterson, Town Attorney; Kevin King, Comptroller; Audrey Ball,
Parks and Rec .Dir; Tom Adriance, Highway Superintendent; Tony Tozzi, Planning and Building
Dir.; George Seeley; Ann Klotz; Harold Wessell, Ballston Journal; Marion Crandall; Ted
Willette; Steve Williams, The Gazette; Steve Cocetti; Kathy Eitzmann; Matt Jones; Stephanie
Ferradino.
The public hearing pertaining to the proposed amendments to the Luther Forest
Technology Campus Planned Development District No. 46, was opened by the supervisor at 6:30
p.m. with Supervisor Sausville reading the public notice as it appeared in the town’s official
newspaper, April 17, 2008.
The hearing was opened to the floor. Supervisor Sausville gave an overall statement of the process
to this date. We have a court stenographer present as well. Matt Jones, Stephanie Ferrardino, AMD
representatives, Steve Groseclose, John Muncey are here this evening. There will be a 10 day
comment period following the public hearing for any further comments.
1. Carol Henry- CRB Chairman – Read a letter into the record, (attached). Private citizen – I
have been concerned about this project since 2004. Reliance on federal, and state
regulations to take care of this. The town should hire whomever they need to watch out and
to monitor what is going on. Am surprised that this is a joint hearing. Can we continue to
review the legislation after the comment period? Town Attorney – The legislation is
undergoing constant changes and yes you continue to submit changes at any time.
REGULAR MEETING, MAY 5, 2008
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2. Diane Lange- waved her opportunity to speak
3. Phil Dobie – waved opportunity to speak
4. Ann Klotz- I am concerned about the drawing back of the local town for monitoring. This
is hard complicated work and with help we can learn to do this. I am asking enough
flexibility to allow for us to do the monitoring. We should start reading the state and federal
recordings. Leave ourselves the option in case the state and federal regulators do not do it.
Use resources to consider reports that are prepared. Need to write it into the legislation
now.
5. Joe Di Donna- 1956 has been here, the town is doing a great job and see no trouble. I
commend you on the job that you do.
6. Robert Flanagan – Most of concerns have been addressed and concerned about allowing
excavation to begin next month without the roads being readied. Concerned about the
stability of Route 9P with large vehicles on the roads.
7. Paula Hayes Fanning- back yard butts up against Hermes road. Consider the mitigation
for noise, sound, air quality and light. Serious concerns about any construction before the
signing of this company. How materials will get to this site. Someone that is working for
the Town of Malta should be monitoring this project.
8. Wendy Gibson – agree with the CRB group and other comments made by Paula Fanning.
9. Tony Marotta – Echo the thoughts of the CRB group. All access roads should be done
before they use them. In favor for the jobs and the construction, but running the trucks
down these public roads is absurd. We need state of the art facilities. Do not draw back on
the environmental oversight.
10. Tony Tozzi – received a letter from a resident in the Town of Stillwater. (attached).
REGULAR MEETING, MAY 5, 2008
REGULAR MEETING, MAY 5, 2008
11. Pat Carlton- getting baseline information on the public health for this. See if we can get the
health department to get us a list of diseases that have been known for pollution of
hazardous waste.
There being no further comments and everyone having been afforded an opportunity to speak, the
hearing closed at 7:10 p.m. Comments will be accepted for the next 10 days, which is May 16th.
Matt Jones will explain the next procedure on this project. We will prepare a document that will be
addressed, reviewed and submitted to the town board.
REGULAR MEETING, MAY 5, 2008
The Regular Meeting was opened by Supervisor Sausville at 7:20 p.m. with the Salute to
the Flag followed by the Lord’s Prayer. Motion was made by Councilperson Thomas,
seconded by Councilperson Winters to approve the minutes of March 31, 2008 and April
7, 2008 as submitted and amended by the Town Clerk. Motion carried.
COMMENTS FROM TOWN RESIDENTS:
1. Paula Hayes Fanning-The Town Clerk’s Office is extremely helpful in public
information with regard to town issues and I want to thank the Town Clerk. Do we have a
map that has property that is designated forever wild? Request that the committee that
was set up to oversee the tech park also review the NYSERDA property. Have mitigating
factors for the construction process of the AMD project.
2. Tim Haley- Home rule relief what is the status on this. Paul- Contact legislators to pass
this home rule request. The final hurdle is the financial justification for this water project.
There are mixed signals being sent to the legislators in Albany.
3. Sue Nolen- I have been told that a remark was made at the DOT meeting, which Paul,
Glenn, Tara, Tony, Brian Rowback, Mark Kennedy, Bob Hansen and Kevin Novak
attended, about Ellsworth Commons. I have confirmed this by 2 people, that a person
asked if there is a way to bring Ellsworth Commons back to the Planning Board to discus
curb side parking, this person is Tara Thomas. Would Tara like to respond?
4. Tara Thomas- Yes, I would be happy to address this. We were discussing with DOT
the downtown area and the projects with regard to the infrastructure and to get
information and to be fully educated about all projects in the town. It is my job to get all
of the information.
5. Paul Sausville-When we went to this meeting we first invited the DOT to address the
entire town board on the 14th of May about the downtown. Tara was asked by me to
attend this meeting, and you both can talk about this at a later date.
REPORTS FROM TOWN OFFICIALS:
A. Assessor – Sue Otis – no report submitted.
B. Building Dept.- Anthony Tozzi Permits Issued – 28 Fees Collected – $8,402.93
C. Comptroller- Kevin King - Report on file in the Town Clerk’s Office.
D. Town Clerk- Flo Sickels - Report on file in the Town Clerk’s Office.
E. Parks & Recreation – Audrey Ball- Report on file in the Town Clerk’s Office.
F. Web Master – Candace Schmidt –Report on file in the Town Clerk’s Office.
G. Historian – Teri Gay - Report on file in the Town Clerk’s Office.
H. Highway – Tom Adriance –
Road work that took place:
Patched holes in the roads with cold patch
Patched shoulders of roads with sand/oil mix
Cut limbs, trees & brush; Silver Beach Road
Repaired mailboxes
Raked snow plow damaged lawns
Cleaned culvert screens: Manning, Silver Beach, Cramer, Raylinsky,
Tamian Pass, Chango Road
Hauled old woodchips to gravel bank for land reclamation and hauled
sand back to the garage
Both sweepers have been out all month and about 90% of roads have been
swept
Roadside trash pick up throughout Town roads has been completed
120’ of 32” failed drainage pipe was replaced off Danbury Drive in
Country Knolls
REGULAR MEETING, MAY 5, 2008
Work accomplished in the Parks:
Malta:
Raked & picked up debris
Trac-vac lawn areas
Spread woodchips along trail
Swept parking lots
Aerated grounds
Shen:
Raked & picked up debris
Trac-vac lawn areas
Spread fiber mat woodchips around play area
Swept parking lots
Aerated grounds
Town owned properties:
Town Complex:
Raked & picked up debris
Trac-vac lawn areas
Swept parking lots
Aerated grounds
Community Center:
Raked & picked up debris
Trac-vac lawn areas
Cut & chipped dead trees & branches in wood areas
Swept parking lots
Aerated grounds
Route 67 Blvd. & Round-a-bouts:
Trash clean up
Mowing
Repairing & replacing lights
Plains Road Multi-use path:
Swept & cleaned
Work accomplished at the garage:
Removed all plowing & sanding equipment from trucks, washed & put
away
Serviced both bucket loaders
Serviced all chain saws & chipper
Fabrication work on sander of # 311
Repaired & serviced Crown Victoria
Serviced trash pumps
Servicing mower equipment
Orientation on new mowers & on new chipper
REGULAR MEETING, MAY 5, 2008
NEW BUSINESS:
RESOLUTION # 134 - May 5, 2008
ZIM SMITH TRAIL CONNECTOR – SUPPORT SARATOGA P.L.A.N. GRANT
REQUEST
Motion by: Councilperson Winters
Seconded by: Councilperson Klotz
WHEREAS the Town of Malta recognizes the value of developing shared use
bicycle and pedestrian trails to allow residents and visitors to travel easier and safer; and
WHEREAS shared use trails provide important linkages throughout the Town of
Malta and neighboring towns; and
WHEREAS it is the goal of the Town of Malta to link the Zim Smith Trail to
residences, town-wide destination points, trails in the Luther Forest Technology Campus,
the downtown and neighboring Towns; and
WHEREAS this priority is reflected in the Town’s Comprehensive Master Plan,
the Town Linkage Study, the Recreation & Open Space Needs Assessment Report and
the Local Law Establishing the Luther Forest Technology Campus Planned Development
District; now, therefore, be it
RESOLVED that the Town of Malta supports the Saratoga P.L.A.N. grant
application for a trail connection from the Zim Smith Trail, to the Malta Trolley Line on
to Route 9 to connect into the paved trails in the Luther Forest Technology Park.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 135 - May 5, 2008
APPROVE SCOPE OF SERVICES AGREEMENT FOR DUNNING STREET
AND PLAINS ROAD IMPROVEMENT PROJECT
Motion by: Councilperson Winters
Seconded by: Councilperson Nolen
WHEREAS the Town Board of the Town of Malta has authorized local
sponsorship for construction of road improvements along Dunning Street and Plains
Road; and
WHEREAS the Town Board of the Town of Malta has been informed by New
York State Department of Transportation that the necessary funding for the construction
of the road improvements and related amenities has been secured; and
WHEREAS the Dunning Street and Plains Road Improvement Project has been
bid in accordance with General Municipal Law; and
WHEREAS the Town Board of the Town of Malta desires to appoint Erdman
Anthony and Associates to perform the construction inspection and administration
services in relation to the Dunning Street and Plains Road Improvement Project; and
WHEREAS a Scope of Services Agreement has been prepared, reviewed and
modified by the Town of Malta for the aforementioned project; now therefore, be it
RESOLVED the Town Board of the Town of Malta approves the Scope of
Services Agreement for the Construction Inspection Services with Erdman Anthony and
Associates for the Dunning Street and Plains Road Improvement Project at a fee not to
exceed $233,000 and authorizes the Town Supervisor to sign on behalf of the Town all
necessary documents relating to said project.
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
RESOLUTION # 136 - May 5, 2008
AUTHORIZE DUNNING STREET/PLAINS ROAD CONSTRUCTION
IMPROVEMENT PROJECT
Motion by: Councilperson Winters
Seconded by: Councilperson Klotz
WHEREAS the Town Board of the Town of Malta has authorized local
sponsorship for construction of road improvements along Dunning Street and Plains
Road; and
WHEREAS the Town Board of the Town of Malta has been informed by the
New York State Department of Transportation that the necessary funding for the
construction of the road improvements has been secured; and
WHEREAS the Dunning Street and Plains Road Improvement Project has been
bid in accordance with General Municipal Law; and
WHEREAS Erdman Anthony and Associates has reviewed said bids and the bid
of Delsignore Asphalt Paving, Inc. in the amount of $2,367,446.00 was determined to be
the lowest responsible bid which was submitted that conformed to the specifications for
the Dunning Street and Plains Road Improvement Project; now therefore, be it
RESOLVED that the Town Board of the Town of Malta does hereby accept the
bid of Delsignore Asphalt Paving, Inc. in the amount of $2,367,446.00 conditioned upon
the receipt from Delsignore Asphalt Paving, Inc. of all the required documentation
required by New York State Department of Transportation; and be it further
RESOLVED that the Town Supervisor of the Town of Malta be and hereby is
authorized and directed to execute all necessary documents relative to the Dunning Street
and Plains Road Improvement Project.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 137 - May 5, 2008
AWARD BID FOR DUNNING STREET AND PLAINS ROAD IMPROVEMENT
Motion by: Councilperson Winters
Seconded by: Councilperson Klotz
Authorizing the implementation, and funding in the first instance 100% of the federal-
aid and State “Marchiselli” Program-aid eligible costs, of a transportation federal-aid
project, and appropriating funds therefore.
WHEREAS a Project for the Dunning Street Intersection Improvements, Town
of Malta, P.I.N. 1757.49 (the Project”) is eligible for funding under Title 23 U.S. Code,
as amended, that calls for the apportionment of the costs such program to be borne at the
ratio of 100% Federal funds and 0% non-federal funds; and
WHEREAS the Town of Malta desires to advance the Project by making a
commitment of 100% of the non-federal share of the costs of Construction;
NOW, THEREFORE, the Town Board, duly convened does hereby
RESOLVE, that the Town Board hereby approves the above-subjected project;
and it is hereby further
RESOLVED, that the Town Board hereby authorizes the Town of Malta to pay
in the first instance 100% of the federal and non-federal share of the cost of Construction
work for the Project or portions thereof, and it is further
REGULAR MEETING, MAY 5, 2008
RESOLVED that the sum of $2,490,464.00 (Two million four hundred ninety
thousand four hundred sixty four dollars and no cents) has already been appropriated
from Town of Malta Dunning Street/Plains Road Capital Project with the Town’s
General Fund providing the necessary advance funding and made available to cover the
cost of participation in the above phase of the Project; and it is further
RESOLVED that the additional sum of $117,446.00 (One hundred seventeen
thousand four hundred forty six dollars and no cents) is hereby appropriated from the
Town of Malta Dunning Street/Plains Road Capital Project with the Town’s General
Fund providing the necessary advance funding and made available to cover the additional
cost of participation in the Construction and Construction Inspection phase of the Project;
and it is further
RESOLVED that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the Town Board of the Town of Malta
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the New York State Department of Transportation thereof, and it is
further
RESOLVED that the Town Supervisor of the Town of Malta be and is hereby
authorized to execute all necessary Agreements, certifications or reimbursement requests
for Federal Aid and/or Marchiselli Aid on behalf of the Town of Malta with the New
York State Department of Transportation in connection with the advancement or
approval of the Project and providing for the administration of the Project and the
municipality’s first instance funding of project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible, and it is further
RESOLVED that a certified copy of this resolution be filed with the New York
State Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
STATE OF NEW YORK )
)S.S:
COUNTY OF Saratoga )
I, Flo E. Sickels, Clerk of the Town of Malta, New York, do hereby certify that I
have compared the foregoing copy of the resolution with the original resolution of file in
my office and that the same is a true and correct transcript of said original resolution and
of the whole thereof as duly adopted by said Town Board of the Town of Malta at a
meeting duly called and held at 2540 State Route 9, Malta, New York, 12020, on the 5th
of May, 2008 by the required necessary vote of the members to approve the resolution.
WITNESS, my hand and the official seal of the Town of Malta, New York, the 5th
day of May, 2008.
____________________________
Flo E. Sickels, Malta Town Clerk
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
RESOLUTION # 138 - May 5, 2008
APPROVE SERVICE AWARD PROGRAM LIST – MALTA RIDGE
VOLUNTEER FIRE COMPANY
Motion by: Councilperson Nolen
Seconded by: Councilperson Thomas
WHEREAS the Malta Ridge Volunteer Fire Company, Inc. has certified that the
attached is a list of all 2007 active members of the Malta Ridge Volunteer Fire Company,
Inc and indicates which members earned a year of service credit for 2007 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 Comptroller’s Office has performed a limited
review of the Malta Ridge Volunteer Firefighter Service Award Program’s Records for
the year ended December 31, 2007 of active members qualifying for the program based
on 2007 service and has issued a report thereon; and
WHEREAS the Town of Malta Comptroller’s Office 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; 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 2007 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 2007 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.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 139 - May 5, 2008
AUTHORIZE ASSESSOR TO ATTEND TRAINING CONFERENCE
Motion by: Councilperson Nolen
Seconded by: Councilperson Winters
BE IT RESOLVED that the Town of Malta Assessor, Susan C. Otis, be and
hereby is authorized to attend the Annual Seminar on Appraising, sponsored by the New
York State Assessors Association, at Cornell University, Ithaca, New York, from July
12th through July 16th 2007, at the expense of the Town of Malta, with the majority of the
assessor’s expenses reimbursable from the State of New York.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 140 - May 5, 2008
AUTHORIZE ASSISTANT ASSESSOR TO ATTEND TRAINING
CONFERENCE
Motion by: Councilperson Nolen
Seconded by: Councilperson Winters
BE IT RESOLVED that the Town of Malta Assistant Assessor, Rae-Lyn
Dussault, be and hereby is authorized to attend the Annual Seminar on Appraising,
sponsored by the New York State Assessors Association, at Cornell University, Ithaca,
New York, from July 16th through July 18th 2007, at the expense of the Town of Malta.
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
RESOLUTION # 141 - May 5, 2008
MALTA AVENUE ECOLOGICAL PARK – AUTHORIZE CHANGE ORDER
Motion by: Councilperson Winters
Seconded by: Councilperson Nolen
WHEREAS the Town Board of the Town of Malta passed a resolution dated the
2nd of April, 2007 accepting the Clover-Leaf Nurseries contract in the amount of
$478,512 for the construction of the Malta Avenue Park; and
WHEREAS a Capital Project Budget fund was established for the construction of
the Malta Avenue Park; and
WHEREAS the Parks & Recreation Director has requested a change order to said
contract in the amount of $1,900 for clearing and grubbing of the parking lot island, all
labor, equipment, trucking and disposal; and
WHEREAS said change order is still within the established Capital Project
Budget funds; now, therefore be it
RESOLVED that the Town Board of the Town of Malta be and hereby accepts
said change order in the amount of $1,900 and authorizes the Town Supervisor to execute
such documents relating to said change order for the Malta Avenue Ecological Park
Project.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 142 - May 5, 2008
RESCIND PRINTING BID – NEWSLETTER AND BROCHURES
Motion by: Councilperson Winters
Seconded by: Councilperson Nolen
WHEREAS the Town of Malta has solicited and received bids for the Town’s
2008 printing needs; and
WHEREAS the Town of Malta awarded said bids at its January 2, 2008 Town
Board meeting; and
WHEREAS Cardinal Data’s printer has gone out of business and therefore will
not be able to fulfill its obligations to Cardinal Data relating to the printing and mailing of
the Town of Malta’s newsletters and brochures; now, therefore, be it
RESOLVED that the Town Board of the Town of Malta does hereby rescind the
bid award to Cardinal Data for the printing and mailing of the Town’s newsletters and
brochures; and be it further
RESOLVED that the Town Board of the Town of Malta authorizes and directs
the Town Comptroller to re-advertise and solicit bids the printing and mailing of the
remaining Town newsletters and brochures.
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
RESOLUTION # 143 - May 5, 2008
DESIGNATE TOWN OF MALTA AS AN EXPLORE NEW YORK 400
COMMUNITY
Motion by: Councilperson Winters
Seconded by: Councilperson Klotz
WHEREAS the New York State Hudson-Fulton-Champlain Quadricentennial
Commission was established under Chapter 590 of the Laws of 2002, to plan, develop,
and coordinate the 400th anniversary, in 2009, of the voyages of exploration made by
Henry Hudson and Samuel de Champlain as well as the 200th anniversary of Robert
Fulton’s steamship voyage up the Hudson River; and
WHEREAS these historic voyages of exploration in 1609 would change the
world forever and lead to the European settlement of the New World and the innovation
of steam travel and commerce in 1807, establishing the Hudson River and Lake
Champlain as a corridor of trade, communication, politics and ideas, and that further, this
vital north-south corridor of water created other water links such as the Champlain and
Erie Canals, which provided opportunities inland and encouraged the westward
movement through these water routes; and
WHEREAS the State and the Federal governments recognize the voyages of
exploration and invention to be of historical importance and significance to New York
State and the nation and recognize the tradition to observe these contributions made by
Hudson, Fulton, and Champlain, by commemorating these events in 2009; and
WHEREAS as an Explore NY 400 Community, the community may use the
Explore NY 400 logo, link to the Explore NY 400 website and may be eligible for either
state or federal grant money to assist in Quadricentennial planning, events, and legacy
projects; now, therefore be it
RESOLVED the Town Board of the Town of Malta supports the mission of the
Hudson-Fulton-Champlain Quadricentennial Commission, and requests the Town of
Malta be designated as an Explore NY 400 Community, and will be an active partner by
establishing an Explore NY 400 Committee, and will cooperate to its fullest with the
Commission in making the 400th anniversary a successful historic New York State event.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 144 - May 5, 2008
COMMUNITY CENTER EXPANSION – ACCEPT FINAL DESIGN &
AUTHORIZE BIDDING
Motion by: Councilperson Nolen
Seconded by: Councilperson Winters
WHEREAS the Town of Malta is expanding the Malta Community Center to
include additional services such as a branch library, a multi-use gymnasium and
programming spaces; and
WHEREAS the Town Board of the Town of Malta passed a resolution for the
expansion of the facility; and
WHEREAS the residents of the Town had an opportunity to vote and approved
the expansion of the facility; and
WHEREAS the Town Board of the Town of Malta has held workshops and
charettes regarding the design and the Town Planning Board reviewed the design of the
expansion; now, therefore, be it
RESOLVED that the Town Board of the Town of Malta approves the final
design of the project and authorizes the total project, not to exceed the amount of $6.1
million dollars.
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
RESOLUTION # 145 - May 5, 2008
LEGAL SERVICES – BLACKSMITH SQUARE
Motion by: Councilperson Winters
Seconded by: Councilperson Nolen
WHEREAS a proceeding pursuant to Article 78 of the CPLR has been brought in
NYS Supreme Court, Schenectady County, against the Planning Board of the Town of
Malta; and
WHEREAS the Planning Board is represented by Karen Heggen, Esq.; and
WHEREAS Ms. Heggen has been and is heavily involved in several extremely
time-consuming tasks; now, therefore, it is
RESOLVED that, with the recommendation of the Town Planner, the Town
Planning Board be represented in the above-referenced litigation by Alison Thomas, Esq.,
who is under contract with the Town of Malta as special counsel to provide it with legal
services as requested, said representation in the subject litigation to be under the terms
and conditions of that contract.
ADOPTED: VOTE – AYES – 5 NAYS - 0
RESOLUTION # 146 - May 5, 2008
BUDGET TRANSFERS
Motion by: Councilperson Winters
Seconded by: Councilperson Nolen
WHEREAS the Town Board of the Town of Malta has adopted the 2008 Town
Budgets; and
WHEREAS the Town Board of the Town of Malta desires to amend the 2008
Town Budgets to provide for transfers of budgetary appropriations between department
and intra-department line items; now, therefore, be it
RESOLVED that the Town Board of the Town of Malta hereby authorizes the
2008 Town Budgets and Capital Projects to be amended as follows:
Increase Contributions A2705 $ 1,060
Increase Community Center Programs A7989.50 $ 1,060
Increase Assessor Update A1355.4001 $ 1,000
Decrease Assessor Office Supplies A1355.46 $ 1,000
Increase Court Aid A3090 $ 17,000
Increase Court Equipment A1110.2 $ 17,000
Increase Planning Attorney Contractual B8020.49 $ 2,500
Decrease Engineering Contractual B8020.41 $ 2,500
Increase Planning Education B8020.43 $ 500
Decrease Planning Contractual B8020.4 $ 500
Increase Appropriated Fund Balance HH0599 $ 10,000
Increase Operating Transfers HH7989.9 $ 10,000
Federal Transportation Aid HA4591 $ 117,445
Highway Improvements HA5197.2 $ 117,445
LFTCEDC Project Contribution HC2771 $ 150,000
LFTCEDC Road Improvements HC5112.2 $ 150,000
ADOPTED: VOTE – AYES – 5 NAYS - 0
REGULAR MEETING, MAY 5, 2008
Motion was made by Councilperson Winters, seconded by Councilperson Thomas
to accept the Comptroller’s report for the month of April.
GENERAL TOWN WIDE – A – FUND $ 126,980.31
GENERAL PART TOWN – B – FUND $ 69,236.29
PART TOWN HIGHWAY – DB – FUND $ 133,541.75
LFTC ROADS CAPITAL PROJECT - HC - FUND $ 69,189.38
TRUST & AGENCY – TA - FUND $ 290.66
DUNNING ST./PLAINS ROAD - HC - FUND $ 30,524.01
FIRE DISTRICT - HA - FUND $ 28,136.59
SEWER DISTRICT -SDC - FUND $ 111,412.00
HEMPHILL PLACE SIDEWALK - -FUND $ 174.22
COMMENTS- Councilperson Klotz noted that the LFTC project is a big one and I know
that the Thursday morning group would like the Board to hear more from the Task Force.
There being no further business to come before the Board, motion was made by
Councilperson Thomas, seconded by Councilperson Winters to adjourn the Regular
Town Board Meeting at 8:45 p.m. Motion carried unanimously.
Respectfully Submitted,
Flo E. Sickels, Town Clerk
COMMENTS RECEIVED DURING 10 DAY COMMENT PERIOD
Malta Town Board 5/14/08
2540 Route 9
Malta, NY 12020
Town Board Members,
Malta Ridge Chief Peter Shaw has forwarded me his comments regarding the original
GEIS for LFTC. The following are issues that are critical to discuss as Malta Ridge
Volunteer Fire Company prepares for the development in LFTC.
The proposed buildings have changed in maximum square footage from 800,000
to 980,000. This change causes concern because when conducting a search and
rescue there will be an increase in the amount of area that must be cleared. The
increase in size also means hose stretches that were previously calculated no
longer accurately depict possible distances.
Provisions need to be made for modern detection and suppression systems that
adhere to current NFPA standards.
Although addressed in the original EIS the department would like to state that our
current apparatus will not reach the proposed building heights. Our current
apparatus cannot reach half the proposed building height without operating in the
collapse zone.
What are the fiscal responsibilities that the Semiconductor Operator has? The
current SEIS states the fire service will gain $404,000 a year from this project.
Can we receive clarification on these numbers? By the current fire protection tax
this number is grossly underestimated. The department will incur new
responsibilities before the Semiconductor operator is contributing taxes. This
needs to be addressed so Malta Ridge can provide the level of fire protection and
suppression citizens expect and deserve.
The department is concerned with the staffing of the ERT on site. Other
industries have attempted ERT’s that have eventually been disbanded. What
insurance do we have that the Semiconductor Operator will have an emergency
response team in perpetuity?
REGULAR MEETING, MAY 5, 2008
Coordination between local fire departments and Emergency Response Teams is
paramount. Can you specify the plan to coordinate these entities?
What will the department be responsible for if the Semiconductor Operator leaves
the district? Will the site be available for similar industry to use?
The department is constantly pursuing new options for recruitment and retention.
The Town of Malta has allowed employees to leave work for volunteering. Will
the Semiconductor Operator have a similar program? What recruitment and
retention initiatives will the Semiconductor Operator provide for the Town of
Malta?
The terminology used in the original EIS for responders is not consistent with our
local units. The use of the terms “Basic” and “Advanced” for firefighters are not
classification terms. The term “bulk tank” responders have never been used by
this organization. What assurances does the fire department have that our
responders are adequately trained if the language used to evaluate responders does
not pertain to the classifications we use?
How will the Semiconductor Operator address the induced growth within the
town? The density, height, orientation, and type of buildings are changing in the
Town of Malta because of LFTC. The Fire Department will need equipment and
personnel before the Semiconductor Operator has begun paying assessment taxes.
Respectfully,
Peter Shaw
Professional Firefighter City of Saratoga
Chief
Malta Ridge Volunteer Fire Department
Caleb Stratton
Planner
Firefighter
Town of Malta
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MEMORANDUM
To: Malta Town Board
From: Stuart Mesinger
Date: May 15, 2008
Re: AMD SDEIS Review Comments
Job #: 30805.02
The following are our technical review comments on the Draft Supplemental EIS for the
AMD project accepted as complete by the Town Board on February 25, 2008. These
comments have been developed in concert with Air Resources Group.
1. The AMD proposal is based on a build-out of three fabs rather than the four analyzed
in the original DEIS. The fabs are additionally proposed to be larger and to employ fewer
people. The SDEIS proposed traffic mitigation measures linked either to trip generation
or to fab construction. Since a fourth fab is no longer proposed and since the trip
generation characteristics of the fabs will change, the SEIS should analyze and present a
summary of when each traffic mitigation measure will be triggered under the revised
scheme. The revised summary should continue to take into account development from the
rest of the PDD.
2. The applicant has verbally indicated that nighttime construction is no longer proposed
as was indicated in the SDEIS. This should be confirmed and the proposed hours of
construction presented. Regardless of the hours proposed, a construction noise mitigation
plan should be presented. This plan should take into account the development of octave
band measurement criteria to supplement A-weighted criteria.
3. The current PDD legislation requires that 65% of the campus remain as green space. Is
this requirement met for the proposed AMD project? If not, how will green space be
allocated or reallocated within the remainder of the PDD to ensure compliance? Green
space in buffers should be differentiated from internal green space.
4. A final configuration of the area to be purchased by AMD should be provided.
5. As noted above, the AMD proposal involves substantially fewer employees than
analyzed in the GEIS and it involves less building area, which in turn means less tax
payments and fewer economic benefits overall. The SEIS should present a comparative
summary of economic benefits to surrounding municipalities and taxing districts
following the format and model presented in the GEIS.
6. The top of roof elevation of the proposed facilities is 85 feet while the top of stack
elevation is 110 feet. Local fire companies can only reach an elevation of 75 feet with
their current equipment. The GEIS should discuss local emergency service response in
the event of a fire or similar emergency in the upper levels of the facility. Mitigation
should be discussed.
7. The GEIS should discuss ways in which AMD can assist local fire companies with
recruitment and retention.
8. The GEIS should estimate increased demands on fire and emergency response
companies during the construction period and discuss their ability to meet such demand.
9. The GEIS should discuss in detail plans for mutual training and response with local
emergency service providers.
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10. Specific routes to be used by vehicles carrying hazardous materials to and from the
facility should be presented. Volumes of trucks using such routes should be presented.
Any issues such as poor site distances, sections with high accident rates, etc. should be
discussed.
11. Section 3.16.1, Table 3.2 and Page 31, SPDES Permits for Stormwater – 40 CFR Part
122.26 regulates stormwater discharges associated with industrial activity. Certain
Standard Industrial Classification (SIC) codes are covered under this regulation. AMD
would most likely fall under SIC code 3674 (Semiconductors and Related Devices).
Major Group 36 is a regulated SIC code under 40 CFR Part 122.26. The regulation
would require an SPDES permit as well as a Stormwater Pollution Prevention Plan for
Industrial Activity. A discussion of this regulation should be added.
12. Section 3.16.1, Page 31, Malta Rocket Fuel Area Site – AMD acknowledges that the
Malta Rocket Fuel Area (MRFA) site is regulated by NYSDEC and USEPA and will
require permission from those agencies to use the site as part of the proposed
development. The Record of Decision (ROD) for the MRFA site was signed by USEPA
in 1996, and addressed impacted soil, sediment, and groundwater. Soil cleanup levels
were determined based on risk-based cleanup standards at that time. Since the ROD,
NYSDEC and NYSDOH have developed soil cleanup objectives at 6 NYCRR Part 375-
6, which are relevant. A review of the constituents of concern and their cleanup levels
listed in ROD suggests that cleanup objectives for PCBs under the 6 NYCRR Part 375-6
regulations (restricted commercial) are more stringent than what was used by USEPA in
the ROD (commercial/industrial). Furthermore, the most recent 5-year site review
conducted by USEPA (dated September 2004) states that any proposed redevelopment
reassess potential exposure scenarios, including exposure to soils, use of groundwater,
and the potential for soil vapor intrusion from buildings that may be constructed over the
groundwater plume. These potential risks should be evaluated as part of the
development.
13. Section 4.5, Page 37, Table 4.4, Fuel Oil Storage – AMD proposes to provide 24
hours of storage capacity for fuel oil in case backup power is needed. Table 4.4 states
that 54,720 gallons of fuel oil would be required. Section 3.7, Page 19 states that 2 x
25,000-gallon storage tanks will be used. If the intent is to store 24 hours of fuel oil, then
additional storage capacity will be required.
14. Section 4.9, Page 39, Construction Plans – AMD anticipates construction and
operation of a concrete batch plant, and will most likely utilize a large amount of heavy
equipment during construction. If fuel oil will be stored aboveground onsite during
construction in excess of 1,320 gallons, a Spill Prevention, Control and Countermeasures
Plan (SPCC) will be required during construction per 40 CFR 112.
15. Section 5.3, Page 46, Water Source – AMD plans to have a secondary water source
available as a backup in the event that the primary source is interrupted. If AMD
proposes to use groundwater as this source, additional approval would be required by
NYSDEC and USEPA per the ROD for the MRFA (see Comment 2 above).
16. Section 3.3 of the SEIS indicates that the fire protection system will include a water
storage tank. The SEIS should note the type of tank (ground or elevated) to be used with
the anticipated height of tank to ensure compliance with the Town’s Statement of
Findings, Section IV.B.1.b.
17. Section 3.16.1 “Local Permits and Approvals” acknowledges that the site plan
requires construction in the Town of Stillwater and that subdivision approval will be
required from the Town of Stillwater Planning Board. This section should clearly indicate
that any work associated with Fab 4X that occurs within the Town of Stillwater will
require site plan approval from the Stillwater Planning Board.
18. The SEIS in several sections notes that the NYSDEC Stormwater regulations will
apply to the project. Discussion of how this project will remain in compliance with the
recently issued NYSDEC General Permit GP 0-08-001 needs to be provided. Specific
discussion of the Town of Malta’s regulatory involvement needs to be provided as Fab
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4X is within their MS4 regulatory boundaries.
19. It is our understanding that the LFTCEDC has a current reserve capacity at the SCSD
No. 1 WWTP of 3.0-MGD. Based on the SEIS, Fab 4X will have a peak daily wastewater
generation rate of 3.1-MGD. With this increase, will the SCSD be required to increase its
set aside reserve capacity and if so, what is the status of obtaining the additional reserve
capacity approved by SCSD.
20. What nano-particles will be discharged to the air and wastewater or other pathway? In
what quantities will such particles be discharged and what is known about potential
impacts, including health risks?
21. Section 5.6 of the SEIS indicates that SCSD No. 1 completed its own study which
considered the implications of accepting wastewater from a semiconductor facility. With
the anticipation that Fab 4X will utilize nano-particles during its manufacturing process,
is there a potential for any of these “contaminants” entering the waste streams and
ultimately being discharged to the SCSD No. 1 wastewater treatment plant or will the
proposed pre-treatment processes eliminate them. Was this topic discussed or
contemplated in SCSD No. 1 study report? If there is a potential of nano-particles
entering the discharged wastewater is there any anticipated adverse impacts that may
result at the SCSD No. 1 WWTP, specifically to their biological or chemical treatment
processes?
22. Section 5.10.9 of the SEIS provides for AMD’s requested means of modifying the
Town’s approval process that will permit the construction schedule anticipated. This
includes preliminary site plan approval, temporary construction site plan. This topic is
also discussed within the draft PDD amendments. It is recommended that the SEIS be
revised such that there is no indication of a preliminary site plan approval and this should
be restated as Soil Disturbance Site Plan Approval.
23. Section 5.1 0.9 of the SEIS “Temporary Construction Site Plan” shall also have items
identified in the Town’s Statement of Findings, Section IV.L.8.e including, night
construction plans and lighting plans.
24. Section 5.10.10 of the SEIS discusses AMD’s suggested means of providing letters of
credit (or bonds) for site improvements. This would include the reduction in the value of
the letter of credit proportioned to what was completed with the final value representative
of landscape maintenance for one year. Contrary to the characterization in Section
5.10.10 of the SDEIS, it is not customary practice in the Town of Malta to reduce bonds
or letters of credit according to the amount of work completed. The need to change how
the Town handles letters of credit needs to be discussed further with Town staff and we
would recommend that AMD provide a reasonable argument as to why the Town should
consider such a change to the PDD.
25. A scaled-map of the receptor grid overlain on the proposed facility location and
surrounding environs should be provided. Concentrations of modeled contaminants
should be shown on the grid.
26. The modeling results present data for 13 substances, four of which are criteria
pollutants, based on the AGCs and SGCs for which NYSDEC has data. The 9 remaining
substances constitute only a fraction of the 41 items listed in Table 6-1 of Appendix A of
the SDEIS. Why were the other items not considered? Will they be emitted from the
stacks?
27. It would appear that in addition to comparison against AGCs and SGCs, criteria
pollutants should be evaluated against National Ambient Air Quality Standards
(NAAQS). Since the Capital District area (which contains Saratoga County) was just
recently determined to be in attainment for the 8-hour ozone standard (Fed Reg/Vol. 73,
No. 58 – March 25, 2008, pg. 15672), relevant NAAQS air concentrations should be
readily available for comparison of this area. Discuss also the NAAQS in relation to
increasing traffic which will increase the four criteria pollutants of concern.
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28. Provide stack heights (above roof and above ground level) for all points of emissions
modeled, and identify whether these are considered as “GEP”stack heights under Good
Engineering Practices.
29. Similarly, with regard to modeling input data, please tabulate or otherwise describe
the stack diameters, temperatures and volume flow rate or exit gas velocities.
30. Are the lb/hour emission information provided the stack emission rates for each
substance?
31. Figures available in the SDEIS show several non-connected buildings. Was any
consideration given to downwash, cavity impacts and building wakes and eddies?
32. The modeling summary lists emissions in lb/yr and also in lb/hr by dividing by 8,760
hours per year, and states the “… estimates are based on operation of the respective
processes at the maximum process parameters for 24 hours per day, 365 days per year
(i.e., operations at maximum operating conditions)”. This appears to be an averaging
technique, but the lb/hr rates do not necessarily represent maximum flow rates from the
processes or stacks. What if some processes run half the time but twice as much/fast
when they do run? The emissions could be twice as concentrated at those times
depending on process capacities. If such was the case, for say, hydrofluoric acid, the
AGC would be exceeded for the three fab scenario. A scenario such as this would appear
to be more “worst case” than what was presented.
33. AERMOD generally requires 5 years of National Weather Service (NWS)
meteorological data applied to AERMET. If these data were obtained from Albany
Airport, comment on the differences in meteorology and expected weather patterns that
would arise from the presence of the Mohawk River and surrounding terrain that
separates Albany Airport from the proposed AMD Malta site, and how emissions might
be affected. If this is not the case, were the data taken from Saratoga County Airport? If
not, then from where were the NWS data derived?
34. Define explicitly the distances from the sources at which the receptors give the
concentrations ascribed in the modeling summary.
35. Define explicitly the height above ground at which the receptors experience the
concentrations ascribed in the modeling summary.
36. Since the plant is not fully designed yet, at what points/locations were the emission
source stacks ascribed?
37. Provide a plant layout showing the modeling scenario connection schemes between
distances, directions and building parameters (length, width, height) within a distance of
approximately five stack heights of each stack and describe how these data were used in
the modeling.
38. The modeling summary states that the urban setting was chosen. Were any land use
classifications or population-based criteria used in the model?
39. Was simple terrain used as the model, or was there any inclusion of complex terrain?
40. Was any deposition considered, wet or dry, that would have depleted mass from the
plume?
41. Provide a wind rose of the area.
42. Provide a general description of the descriptors for surface roughness, Bowen ratio
and albedo.
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COMMENTS RECEIVED AFTER 10 DAY COMMENT
PERIOD