AGENDA/SPECIAL MEETING, MARCH 25, AGENDA/SPECIAL MEETING, MALTA TOWN BOARD, March 25, 2013

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1 AGENDA/SPECIAL MEETING, MALTA TOWN BOARD, March 25, 2013 Minutes of the Agenda/Special Meeting held Monday March 25, 2013 at the Town Hall beginning at 6:30pm. PRESENT: Paul Sausville, Supervisor; Flo E. Sickels(arrived at 6:35pm) Town Clerk; Tara Thomas, Councilperson; Peter Klotz, Councilperson; Maggie Ruisi, Councilperson; John Hartzell, Councilperson. OTHERS PRESENT: Tom Peterson, Town Attorney; Audrey Ball, Parks and Rec. Dir.; Tony Tozzi, Planning Dir.; Carol Henry; Lynda Bablin; Jim Trainor; Kelly and Donna McGrath; Ellwood Sloat Sr.; Tim Downey; Michael Carlitto; John Viola; Ann Klotz; Scott Dubois; Pete Ostrander; Norm Morey; Paul Perreault; Marian Crandall; Wesley Sandberg. A. SPECIAL MEETING -Set Date For 2 nd Public Hearing GF Second Supplemental Draft Environmental Impact Statement (April 15 7PM) RESOLUTION # 81 March 25, 2013 RESOLUTION REGARDING CERTAIN AMENDMENTS TO THE LUTHER FOREST TECHNOLOGY CAMPUS PDD Motion by: Councilperson Hartzell Seconded: Councilperson Ruisi Vote: Unanimous WHEREAS, the Town Board of the Town of Malta ( Town Board ) has received from GLOBALFOUNDRIES US INC. ( Applicant ) an application, including a Draft Second Supplemental Environmental Impact Statement (DSSEIS), to amend the Luther Forest Technology Campus Planned Development District (the LFTC PDD ) in the Town of Malta in anticipation of the Applicant s construction of a semiconductor manufacturing facility to be known as FAB 8.2 within the LFTC PDD (collectively with the amendments to the LFTC PDD, the Project ); and WHEREAS, the Project will require the following actions by the Town of Malta: (a) approval of amendments to the LFTC PDD and (b) site plan approval; and WHEREAS, the New York State Environmental Quality Review Act and its implementing regulations at 6 NYCRR 617 et seq ( SEQRA ) require agencies to comply with the provisions of SEQRA before it may undertake, fund or approve any action as defined in SEQRA; and WHEREAS, in connection with the establishment of the LFTC PDD, the Town Board acting as Lead Agency, prepared and approved a Generic Environmental Impact Statement in accordance with the requirements of SEQRA in 2004; and WHEREAS, in connection with 2008 amendments to the LFTC PDD to allow for construction of FAB 8.1, the Applicant submitted a Supplemental Draft Environmental Impact Statement which, once finalized and approved, became a Supplemental Environmental Impact Statement; and WHEREAS, in connection with the current application, the Town Board passed a resolution on February 12, 2013 to re-establish itself as Lead Agent under SEQRA for purposes of reviewing the proposed LFTC PDD amendments and has been duly designated as Lead Agent by consent of all other Involved Agencies, including the Saratoga County Industrial Development Agency; and WHEREAS, when the Town Board re-established itself as lead agency it also decided not to require scoping and also, confirms that pursuant to section (a)(4) that it waives the requirement for an Environmental Assessment Form because the application included the Second Supplemental Draft Environmental Impact Statement ( SSDEIS ); and

2 WHEREAS, the SSDEIS submitted by the Applicant as part of its February 1, 2013 was reviewed by the Town Board with the advice of its planning staff and consultants, and based upon that review, the applicant submitted a revised SSDEIS on March 4, 2013 which addressed all issues of completeness identified by the Town Board; and WHEREAS, the Town Board reviewed the SSDEIS, accepted the SSDEIS in lieu of an EAF as noted above and thoroughly reviewed the criteria set forth in SEQRA in order to determine whether the Project may have a potentially significant adverse impact on the environment; and WHEREAS as Lead Agency, the Town Board reviewed the information provided by the applicant, including the SSDEIS that was submitted as part of the application and determined that the Project is a Type 1 action and may have a significant adverse impact on the environment for the reasons more particularly set forth in the Positive Declaration attached hereto and made a part hereof as Exhibit A ; and WHEREAS, in accordance with SEQRA, the Town Board adopted the Positive Declaration with regard to the proposed Project; and WHEREAS, the Town Board accepted the applicant s revised SSDEIS as complete and adequate for public review, and the Town Clerk of the Town of Malta was directed to file and circulate the Notice of Completion attached hereto and made a part hereof as Exhibit B as required under SEQRA; and WHEREAS, the Town Board determined pursuant to SEQRA, that the thirty (30) day period for public comment on the SSDEIS would commence immediately upon the first filing and circulation of the Notice of Completion; and WHEREAS as required by SEQRA, the Town Board directed that a public hearing be held on the revised SSDEIS on the 25 th day of March, 2013 at 6:50 o clock P.M., at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020; WHEREAS in accordance with Town of Malta Zoning Code, the Town of Malta Town Board directed that a duly noticed public hearing be held concerning the proposed amendments to the LFTC PDD on the 25 th day of March, 2013, at 6:50 o clock P.M., at the Town Hall of the Town of Malta, 2540 Route 9, Malta, New York 12020; and WHEREAS the Town Clerk of the Town of Malta was directed to publish notification of the said public hearings as required by law. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: RESOLVED, that the SSDEIS was accepted by the Town Board as lead agency in lieu of an EAF and was used by the Town Board for the purposes of issuing the positive declaration which positive declaration has been appropriately noticed and filed as required by SEQRA; and it is further RESOLVED, that the notice of completion of the SSDEIS and of the SEQRA Public Hearing was not timely placed in the newspaper as required by the SEQRA regulations and that the Town Board as lead agency hereby directs that a new notice be placed in the official newspaper of the Town providing that the SEQRA public hearing on the SSDEIS will take place on Monday, April 15, 2013 at 7:00 pm and that the official newspaper publication shall be made no later than Friday, March 29, 2013 to ensure that the notice appears in the newspaper at least 14 days before the public hearing; and it is further RESOLVED that the public comment period on the SSDEIS is hereby extended until April 26, 2013, a date at least 10 days after the public hearing. A copy of the notice is appended to this resolution and shall be duly filed and published as required by SEQRA and as noted above by the Town Clerk, and it is finally

3 RESOLVED that any comments made by the public at the duly noticed hearing on the PDD amendments held on March 25, 2013 that relate to SEQRA shall be part of the SEQRA record.

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5 Tonight s Public Hearing (6:50PM) a. Introduction/Update Tony Tozzi, Matt Jones b. GlobalFoundries Second Supplemental Draft Environmental Impact Statement c. GlobalFoundries Planned Development District Amendments The public hearing on the GF Planned Development District Amendments was opened by the Supervisor at 6:50pm with Supervisor Sausville reading the public notice as it appeared in the town s official newspaper, March 12, The hearing was opened to the floor. 1. Carol Henry- CRB Read a letter for the record.

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8 2. Matt Jones- Attorney for Global Foundries. In connection with the town laws, this public hearing is on the amendments. Newspaper published the notice 13 days and not 14 for the SEQRA part of the project. Therefore the hearing will be in April for that part of the project. The slides show the development of Global Foundries 8.2 Fab plant. There are 4 amendments to the PDD. Increase from 525,000 to 575,000 square feet with 475,000 square feet of clean room. The stacks to go up 15 ft. higher, this having to do with air dispersion. Traffic impact-with the removal of exit 11A to be constructed before a CO is issued. There will be improvements at the existing roundabouts located in town with entrances to Global Foundries. 3. Carol Marrota- Stillwater- Thanked Carol and CRB for their comments. The stacks and the height, did request more information. The alternative of shifting the building allows seeing the stacks from Saratoga Lake and is close to the ravene. Would like the building to remain at the original site location. We should not give up on exit 11A. Traffic is an important issue.

9 There being no further comments and everyone having been afforded an opportunity to speak, the hearing closed at 7:20p.m. B. AGENDA MEETING 1. Public Hearings (4/1): a. 6:50pm Bishops Square PDD Amendment b. 6:55pm Historic Landmark Designation Elmer Ellsworth Home 2. Salute to the Flag and Silent Prayer 3. Accept Minutes of 3/4/13 & 3/7/13 Meetings 4. Comments or Questions from Town Residents 5. Reports from Town Officials a) Department Heads b) LFTC-GF Town Manager Report Tony Tozzi c) Library Services Report Chris Havens 6. Presentations: 7. Town Board Updates 8. Malta In The News 9. Old Business: a) Adopt Bishops Square PDD Amendment b) Adopt Historic Landmark Designation Elmer Ellsworth Home c) Working Maintenance Supervisor - Update 10. New Business: a) Riley Cove Drainage District Map Plan Report Chazen Proposal b) Sewer Town Ordinance Amendment Discussion c) Approve Malta Ridge Volunteer Fire Company Service Award Program List d) Approve Malta Ambulance Service Award Program List e) Appoint Ethics Committee Member Laurie Okinaga f) Establish Summer Pay Rates/Authorize Hiring Of Summer Staff g) Approve Tax Receiver Disbursement For IRS Reimbursement h) Approve Town Hall Use Ballston Spa School District Vote May 21 7am-9pm i) Recognize Character Education Award Malta Avenue Elementary School j) Town& Village Bulk Pick-up Bid - Update k) Highway Working Supervisor Qualified Rate l) Change Date Of TB Agenda Meeting Due To Memorial Day Holiday Conflict (suggested date Tues 5/28) m) Authorize SAMPO Conference, Candace Schmidt May 7-9, Lake George, NY n) Appoint HPRC Secretary Kathy Eitzmann o) Woodfield Estates PDD Amendment Set Date For Workshop p) Tax Receiver Vote Schedule - Update q) Raymond Road/Route 67 Street Lighting Request Discussion r) Town-wide GEIS Update Discussion s) Budget Transfers t) Senior Planner Discussion* D. COMMENTS E. ADJOURN *This agenda is subject to a motion to enter into executive session to discuss certain matters and subject to change without prior notice.