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Investigation and Opinion ‐ 2018‐001 October 24, 2018
Town of Milton
Board of Ethics
Investigation and Opinion
INVESTIGATION # 2018‐001
October 24, 2018
Complaint
Ethics complaint form filed March 03, 2018, filed by Robert Keihm against Town Board Member John
Frolish citing alleged violations of §14‐4, §14‐7A and B, §14‐11, and §14‐15B of the Town of Milton
Ethics Code (see attachments A and B).
Upon receipt of an Ethics Complaint form, the Milton Town Board of Ethics is obligated to undertake
an investigation culminating in an advisory opinion relative to alleged violations outlined in the filed
complaint. This process is outlined in §14‐20 in the Milton Town Code of Ethics.
Background Information
The complaint alleges that because Ms. Baird worked on the campaign of Mr. Frolish that he was
obligated to recuse himself from any votes regarding her appointment to the ethics board and thusly
his votes on January 24, 2018 and February 28, 2018 in favor of her appointment to the Town of
Milton Ethics Board were in violation of the above mentioned sections of the Ethics Code.
Ethics Board members met with and interviewed Mr. Keihm on June 12, 2018 pursuant to the filed
complaint. Mr. Carlson, Mr. Gomula, Mr. Grandin, and Mr. Harkins were present from the Ethics
Board. Mr. Grandin has since resigned his position as of June 14, 2018.
Ethics Board members met with and interviewed Mr. Frolish on June 28, 2018 pursuant to
the filed complaint. Mr. Carlson, Mr. Gomula, and Mr. Harkins were present from the Ethics Board.
Mr. Frolish chose not to bring representation to this interview.
The Ethics board members met with and interviewed Brenda Baird on July 24, 2018 pursuant to
the filed complaint. Mr. Carlson, Mr. Gomula, and Mr. Harkins were present from the Ethics Board.
Ms. Baird chose not to bring representation to this interview.
Ms. Baird is a current member of the Ethics board and has chosen to recuse herself from this
investigation due to her involvement in the complaint.
Summary of Investigation
The complaint alleges that Ms. Baird participated in the election Campaign of Mr. Frolish. Mr. Frolish
stated that he was aware of Ms. Baird’s participation in the campaign gathering signatures, for
approximately 4 hours, on behalf of the republican party to support the republican ticket for 2017
campaign. Mr. Frolish noted that the hours Ms. Baird worked were a small part of the approximately
Town of Milton – Board of Ethics Page 2
Investigation and Opinion ‐ 2018‐001 October 24, 2018
2000 hours worked by her and others on the campaign. That campaign ticket included Mr. Frolish, as
well as other republican candidates. The Mr. Frolish noted that there was “no gain” for Brenda nor
Mr. Frolish in her appointment to the Ethics Board and that he had no regrets in relation to his actions
in the manner.
Ms. Baird stated that she and her husband collected signatures on two separate occasions on behalf
of the republican ticket noted above during the summer of 2017. She estimated the time spent at
between 6 to 12 hours total. She stated that the Mr. Frolish is the individual who handed her
assignment during these canvasing events. In addition to the canvasing work, Ms. Baird stated that
she also attended a BBQ and a Holiday Inn event, both events were related to her work toward the
campaign. Mr. Frolish was in attendance at these events as well.
Further, Ms. Baird has worked as secretary treasurer for the Milton Fire District at the Rock City Station
for the past 3 years (approximately). The Mr. Frolish has been Assistant Chief as well as Commissioner
at the Geyser Station During that same time period. Mr. Frolish’s positions within the fire district are
unpaid. Ms. Baird’s position is a paid position within the district. They both stated that they are rarely
in direct contact, not in a supervisory relationship, nor work together on any regular basis. The Ethics
Board has found no evidence to the contrary relative to their roles with the fire district.
Both the Mr. Frolish and Ms. Baird claim to have not had contact with one another in relation to the
complaint noted here since its filing.
At a Town board meeting on January 24,, 2018 Ms. Baird was put up for approval to sit upon the Ethics
Board. The motion was not carried by a vote of 3 to 2 with board members Kerr and Zlotnick dissenting.
Mr. Frolish stated that public disclosure of the campaign work of Ms. Baird was made public via
discussion at the January 24, 2018 board meeting and that he acknowledged that relationship in a
public forum at that time. The meeting minutes do not reflect any further discussion on the motion
other than noting its vote.
Additionally, in the interim period there was communication between the town board and the Ethics
Board in relation to Ms. Baird’s candidacy for the Ethics Board. Then Chairman, Robert Keihm
(complainant) noted the concerns at the subject of this complaint to Town Attorney Craig, Supervisor
Ostrander, with the rest of the town board including Mr. Frolish on carbon copy (see attachment C
and D)
At the February 28, 2018 Town Board meeting Ms. Baird was again put up for a vote with Mr. Zlotnick
putting forth the motion. The vote was carried 4 to 1 with Board Member Kerr being the dissenting
vote (see attachment E).
Opinion of the Board
On the subject of conflict of interest, it should be noted that Milton is a small town and that it is quite
common for personal relationships to develop between those that live here. Interest is a relationship
where one or both parties can benefit financially, materially, or monetarily from the current
relationship. This is defined in the Town of Milton Ethics Code in §14‐03. Personal relationships that
do not involve interest or working relationships that have concluded do not necessarily constitute an
“interest.” In this particular case, although the Ethics board does not feel there was any overt political
Town of Milton – Board of Ethics Page 3
Investigation and Opinion ‐ 2018‐001 October 24, 2018
intention on behalf of Mr. Frolish, we do feel that due to the recent nature and context of Ms. Baird’s
work on his campaign that an interest could be perceived to exist.
In relation to §14‐4 of the Town of Milton Ethics Code, the Ethics Board finds that Mr. Frolish is in
violation. At its core this section of the code, though general, is a critical statute in maintaining public
trust. Though the Ethics Board feels that there was no political motive in Mr. Frolish’s actions in regard
to Ms. Baird’s appointment, it is clear that this section of the code was violated. The Ethics Board is of
the opinion that is it important that town employees are behaving in a clear manner without perceived
conflict of interest. Regardless of what the Ethics Board feels were Mr. Frolish’s innocent intentions,
it is important that there is no clear appearance of impropriety to those viewing the situation.
In relation to §14‐7A and B of the Town of Milton Ethics Code the Ethics Board is inconclusive. As the
meeting minutes from the January 24, 2018 meeting do not reflect any discussion of Ms. Baird’s
campaign work with Mr. Frolish we cannot confirm if Mr. Frolish in fact made a public disclosure.
Although this became public knowledge, the Ethics Board cannot find record that disclosure ever came
directly from Mr. Frolish.
In relation to §14‐11 of the Town of Milton Ethics Code the Ethics Board finds Mr. Frolish in violation.
It is the opinion of the Ethics Board that although Mr. Frolish may have considered Ms. Baird’s
participation in his campaign minor and thus be forgiven for his initial vote on January 24, 2018 to
accept her to the Ethics Board, that the subsequent public discussion, email correspondence, and
general public knowledge of that relationship that developed after that vote make it difficult to
understand why he would not have recused himself from the vote on February 28, 2018.
In relation to §14‐15B of the Town of Milton Ethics Code the Ethics Board finds that there was no
violation. It is the opinion of the Ethics Board that there was no apparent political motive in Mr.
Frolish’s actions. That Ms. Baird’s contributions to his campaign were to the larger republican ticket
and were relatively minor when compared to the work done on the entire campaign by a number of
volunteers. Thus, we do not feel there is a “political purpose” in Mr. Frolish’s actions relative to her
appointment.
Due to the violations noted above, the Ethics Board recommends that Mr. Frolish should attend
ethics training as well as make a statement publicly acknowledging the violation, his former
campaign relationship with Ms. Baird, and the determination of the Ethics Board on this matter.
All of the above opinions were reached unanimously.
Attachments
Attachment A – Ethics Complaint‐Frolish 2018.001
Attachment B – Milton Town Ethics Code §14‐4, §14‐7A and B, §14‐11, and §14‐15B
Attachment C – EB_TB correspondence Feb 26 2018
Attachment D – EB_TB correspondence Jan 24 2018
Attachment E – Town Board Minutes 01 24 2018
Attachment F – Town Board Minutes 02 28 2018
Board Members
Town of Milton – Board of Ethics Page 4
Investigation and Opinion ‐ 2018‐001 October 24, 2018
Seth Harkins, Chairman of the Board of Ethics
Severin Carlson, Ethics Board Member
Michael Gomula, Ethics Board Member
Brenda Baird, Ethics Board Member (RECUSED)
Town of Milton – Board of Ethics Page 5
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT A
ETHICS COMPLAINT
Filed by Robert Keihm
March 05, 2018
3 PAGES
Town of Milton – Board of Ethics Page 6
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT B
Town of Milton Code of Ethics
§14‐4, §14‐7A and B, §14‐11, and §14‐15B
1 PAGE
Town of Milton – Board of Ethics Page 7
Investigation and Opinion ‐ 2018‐001 October 24, 2018
§ 14‐4 Acting in the public interest; appearance of impropriety.
No municipal officer or employee shall exercise or perform his or her official powers and duties on the basis of
family or private business, nor create an appearance of impropriety by giving the impression that he or she will
exercise or perform his or her official powers or duties on the basis of any consideration other than the best
interests of the municipality.
§ 14‐7 Disclosure of interest in legislation and other matters.
A. Except as otherwise provided by this section, every municipal officer and employee shall disclose the nature
of his or her interest that is known or should be known to him or her, or the interest of a family member known
or should be known to him or her, in any matter coming before the Town of Milton or any officer, administrative
board, commission or other agency of the municipality. This section shall not apply to ministerial matters.
B. For purposes of this section, a "matter coming before" an officer or employee of the municipality means any
decision, issue or question requiring the exercise of discretion by the individual officer or employee. A "matter
coming before" the Town of Milton, or any administrative board, commission or other agency of the
municipality means a local law, ordinance, resolution, motion or any other decision, issue or question requiring a
vote of a body of municipal officers.
§ 14‐11 Recusal and abstention.
A. Except as otherwise required by law or as provided by this section, no municipal officer or employee may
participate in the discussion or vote on any matter or exercise or perform any other official powers or duties in
connection with any matter when he or she has an interest in the matter and knows or should know that a
family member or employer has an interest in the matter.
[Amended 12‐20‐2017 by L.L. No. 4‐2017]
B. In the event that Subsection A of this section prohibits a municipal officer or employee from exercising or
performing his or her official powers or duties:
(1) If the person is an officer serving as a member of a body of municipal officers, the power or duty shall
be exercised or performed by the other members of the body who are not prohibited by Subsection A from
exercising or performing the power or duty;
(2) If the person is an officer, and does not serve as a member of a body of municipal officers, and has a
deputy who is not prohibited by Subsection A from exercising or performing the power or duty, the deputy shall
exercise or perform the power or duty; or
(3) If the person is an employee, he or she must refer the matter to his or her immediate supervisor, and
the immediate supervisor shall designate another person to exercise or perform the power or duty that is not
prohibited from doing so by Subsection A of this section.
§ 14‐15 Political solicitations.
B. No municipal officer or employee may act or decline to act in relation to appointing, hiring or
promoting, discharging, disciplining, or in any manner changing the official rank, status or
compensation of any municipal officer or employee, or an applicant for a position as a municipal officer
or employee, on the basis of the giving or withholding or neglecting to make any contribution of
money or service or any other valuable thing for any political purpose.
Town of Milton – Board of Ethics Page 8
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT C
Correspondence between Ethics Board and Town Board
January 24, 2018
2 PAGES
Gmail - Re: Town of Milton - Board of Ethics Appointment https://mail.google.com/mail/u/0/?ui=2&ik=68e4a0393a&jsver=Mm6w...
Town of Milton Board of Ethics <miltonboardofethics@gmail.com> Wed, Jan 24, 2018 at 11:37 AM
To: "James P. Craig" <jpc@browncraighunt.com>
Cc: Scott Ostrander <scott.ostrander12020@gmail.com>, bzlotnick@hotmail.com, grayowlfarm@aol.com,
bkerrtownofmilton@gmail.com, frolishmilton@gmail.com, Shannon Doherty <sdoherty@townofmiltonny.org>
Jim,
“Ms. Baird,
I want to thank you for your interest in filling a seat on the Ethics Board. After completing our interviews we have
selected another candidate. Again, we thank you for your interest and the time you have taken with us and wish you
the best.
Thank you
As you can see, nowhere in the message does it indicate that she will not be appointed. That merely indicated that
we, the Board, selected another candidate for recommendation to the Town Board. I admit I should have been more
clear. I also take offense at your insinuation of being vindictive or having an ulterior motive as well as the veiled threat
of removal. I and the entire Board have always and will always place the best interest of the Town above all else
including politics.
The Ethics Board Members saw last evening on the agenda for the January 24, 2018 Town Board meeting, there is a
motion to be made to appoint Brenda Baird to the Ethics Board. Based on our interview with Ms Baird, we did not
find her to be the most qualified candidate for either vacancy on the Ethics Board. Specifically, the Ethics Board, not
just one individual was concerned with Ms Baird’s own admissions that she currently works with a Town Board
member and even worked on his campaign. Ms Baird also disclosed other Town employees that she currently or has
worked with in a political relationship.
Given this information, the Ethics Board, not one individual, believed this presented a potential conflict should an
investigation be conducted into any one of five Officials/employees in which Ms Baird would have to recuse herself.
The Ethics Board needs to be free from actual or the appearance of conflicts and bias. This includes any undue
political pressure. Additionally, if a Board member needs to recuse his/herself in many instances, it renders the
position/appointment ineffective.
The Ethics Board should be free from political influence and it appears certain individuals on the Board seem intent to
appoint an individual who has potential conflict issues with serving. This began back in 2017 when the Ethics Board
was excluded from the interview process, which was never done before. The appointments were placed on the
January 3, 2018 agenda and it wasn’t until I approached Supervisor Ostrander about the issue that the Ethics Board
had not been notified of interested candidates, nor given the opportunity to interview said candidates, that he
acquiesced and provided us with the resumes so we could conduct interviews and make our recommendations. We
went into each interview with an open mind and made our recommendations accordingly. It seems that irregardless of
our recommendations, the Supervisor is intent on appointing whoever he wants without deference to the Ethics
Board’s recommendations. He even sent me an email asking where the written communication was on Ms Baird,
making it appear it was a foregone conclusion that we would recommend her. At no time were we questioned why we
chose our two candidates over another. I and the Ethics Board have nothing at all against Ms Baird personally and
1 of 5 7/28/2018, 9:30 AM
Town of Milton – Board of Ethics Page 9
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT D
Correspondence between Ethics Board and Town Board
FEBRUARY 26, 2018
1 PAGE
Gmail - Re: Ethics board appointment https://mail.google.com/mail/u/0/?ui=2&ik=68e4a0393a&jsver=Mm6w...
Town of Milton Board of Ethics <miltonboardofethics@gmail.com> Mon, Feb 26, 2018 at 4:07 PM
To: Scott Ostrander <scott.ostrander12020@gmail.com>
Cc: grayowlfarm@aol.com, frolishmilton@gmail.com, bzlotnick@hotmail.com, Barbara Kerr
<bkerrtownofmilton@gmail.com>
Scott,
Thanks for the information. I find it very concerning that you and the Board are pushing a candidate that is not
supported by your own Ethics Board based on concerns of possible ethical conflicts with more than one
employee/official. It makes it seem that this is either political payback for someone who assisted on a campaign or
worse, someone who would be an insider.
It is now clear your intent was to bring her back up again when I requested the position be reposted and you declined
to do so and refused to meet with me on the issue.
The Ethics Board should be independent and free from politics and it seems that is not the case here. I urge you and
the Board to reconsider and repost the position for interview for a candidate both the Ethics Board and Town Board
can agree on who does not have obvious conflict issues.
Thanks
Rob
> On Feb 26, 2018, at 3:47 PM, Scott Ostrander <scott.ostrander12020@gmail.com> wrote:
>
> Rob I received an email from councilman Zlotnick stating that he changed his mind on Brenda Baird after he had a
conversation with her after our last board meeting.So I’m informing you that her appointment was put back on our
agenda for the meeting on Wednesday.I advised you if there was any changes that I would keep you informed.Scott
>
> Sent from my iPhone
1 of 1 7/28/2018, 9:36 AM
Town of Milton – Board of Ethics Page 10
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT E
Town Board Meeting Minutes
JANUARY 24, 2018
7 PAGES
Regular Meeting
January 24, 2018
6:30 P. M.
Present: Supervisor Ostrander
Councilman Blaisdell
Councilwoman Kerr
Councilman Zlotnick
Councilman Frolish
Town Clerk Mevec
Also Present: Town Attorney Craig
Meeting called to order by Supervisor Ostrander.
Pledge to the flag by Councilman Blaisdell.
Motion by Frolish seconded by Zlotnick to accept the January 1, 2018 minutes as presented.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Blaisdell seconded by Kerr to accept the January 3, 2018 minutes as presented.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
6:35 PM Public Hearing Cold War Veterans Exemption.
Supervisor Ostrander opened Public Hearing.
Town Clerk read Legal Notice.
No one spoke
All persons were given an opportunity to speak.
Supervisor closed public hearing at 6:37 PM
Resolution#22 by Frolish seconded by Blaisdell authorizing the adoption of Local Law #1‐2018, of the Town of
Milton Amending Chapter 158, Article VI “Cold War Veterans Exemption” as follows
WHEREAS, the Town of Milton enacted and has in place one of the most
advanced, comprehensive, and cutting edge Town Codes in the State; and
WHEREAS, after a few years of application, the Town Board has found that
certain sections of the Town Code may be too restrictive in nature, and/or are otherwise
in need of amendment and clarification; and
WHEREAS, a motion was duly made by the Town Board of the Town of
Milton, for a public hearing to be held by said Town Board on January 24, 2018 at
6:35 p.m., at Town Hall, located at 503 Geyser Road, Ballston Spa, New York, 12020, to
hear all interested parties on a proposed Local Law entitled “Local Law # 1,
2018”, amending Chapter 158, Article VI, of the Town Code; and
WHEREAS, notice of said public hearing was duly and properly advertised in
the Gazette and Saratogian, the official newspapers of said Town of Milton; and
WHEREAS, said public hearing was duly held on January 24, 2018 at Town
Hall, 503 Geyser Road, Ballston Spa, New York, 12020, and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to, said proposed
Local Law, or any part thereof; and
WHEREAS, the Town Board of the Town of Milton, after due deliberation, finds
it in the best interest of the Town of Milton to adopt said Local Law.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town
of Milton hereby adopts Local Law No.1, 2018, amending Milton Town Code
Chapter 158, Article VI, a copy of which law is attached hereto and made a part of this
Resolution; and be it further
Regular Meeting
January 24, 2018
RESOLVED, that the Town Clerk be and hereby is directed to enter said
Local Law in the minutes of this meeting and in the Local Law Book of the Town of
Milton, and to give due notice of the adoption of said Local Law to the Secretary of State
of New York as is required by law; and
Now, Therefore Be It Resolved by the Town Board of the Town of Milton:
LOCAL LAW # 1 ‐ 2018 OF THE TOWN OF MILTON
TO AMEND MILTON TOWN CODE CHAPTER 158, ARTICLE VI
“COLD WAR VETERANS EXEMPTION”
Be it enacted by the Town Board of the Town of Milton as follows:
1. The purpose of this law is to provide for an extension of the Cold War Veterans Exemption to qualified
owners of qualifying real property for as long as they remain qualifying owners without regard to the ten (10)
year limitation set in accordance with New York State Property Tax Law §458‐b.
2. Chapter 158 of the Milton Town Code, Article VI entitled “Cold War Veterans Exemption”, subsection
158‐25, “Duration”, is hereby amended by removing the entire section 158‐25, and all subsections within it, in
their entirety, and replacing it with the following language:
“§158‐25 Duration.
The Exemption provided herein shall apply to qualifying owners of qualifying real
property for as long as they remain qualifying owners, without regard to the ten (10) year
limitation set forth in New York State Real Property Tax Law §458‐b.
Severability‐ The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not
invalidate any other clause, sentence, paragraph or part thereof.
Repealer‐ All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of
this Local Law are hereby repealed, to the extent that they conflict with this local law.
Effective Date‐ This Local Law shall take effect immediately upon filing in the office of the New York
State Secretary of State or as otherwise provided by law.”
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution adopted.
Resolution#23 by Zlotnick seconded by Kerr to adopt SEQRA Notice of establishment of SEQRA Lead Agency
for the Purchase of the Former Camp Boyhaven as follows:
WHEREAS, The Town of Milton intends on bonding some or all of the funds
necessary for purchasing the former Camp Boyhaven, with a physical address of 3430
Boyhaven Road, Middle Grove, New York, 12850 (proposed action); and
WHEREAS, Camp Boyhaven is comprised of four (4) tax parcels identified at
162.00‐1‐14.1, 175.00‐2‐11, 175.00‐2‐12 and 175.00‐2‐13 with an approximate area of
279 acres; and
WHEREAS, pursuant to 6 NYCRR Part 617 of the State Environmental Quality
Review Act (SEQRA), the Town Board must conduct an environmental review of the
proposed action; and
WHEREAS, the proposed action is a Type I Action, pursuant to Part 6 617.4
(b)(4) of the SEQRA Regulations; and
WHEREAS, the proposed action does not require review, approval or issuance
of a permit by any other involved SEQRA agencies.
NOW THEREFORE, BE IT RESOLVED, the Town Board of the Town of
Milton hereby declares its intent to be Lead Agency for the SEQRA review for the Type I
action.
BE IT FURTHER RESOLVED, the Town Board also refers the SEQRA
Documentation to the Saratoga County Planning Department as required by the New
York State General Municipal Law.
BY ORDER, by the Town Board of the Town of Milton.
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution adopted.
Regular Meeting
January 24, 2018
Resolution#24 by Frolish seconded by Blaisdell authorizing the Issuance of a SEQRA Negative Declaration for
the purchase of the former Camp Boyhaven as follows:
WHEREAS, The Town of Milton intends on bonding some or all of the funds
necessary for purchasing the former Camp Boyhaven, with a physical address of 3430
Boyhaven Road, Middle Grove, New York, 12850 (proposed action for the bonding and
purchase of open space/passive recreation); and
WHEREAS, Camp Boyhaven is comprised of four (4) tax parcels identified at
162.00‐1‐14.1, 175.00‐2‐11, 175.00‐2‐12 and 175.00‐2‐13 with an approximate area of
279 acres; and
WHEREAS, the Town of Milton Town Board determined the bonding and
purchase of land to be a Type I SEQRA Action pursuant to Part 617.4 (b) (4) of the
SEQRA Regulations; and
WHEREAS, the proposed action does not require review, approval or issuance of
a permit by any other involved SEQRA agencies; and
WHEREAS, the Town of Milton Board assumed SEQRA Lead Agency status on
the matter as the only involved agency; and
WHEREAS, the Town of Milton Town Board, as the SEQRA Lead Agency has
reviewed Part 2 of the EAF as prepared by the Town Engineer, which identifies potential
project impacts to be dealt with as the project is later determined and reviewed under
SEQRA at that time; and
WHEREAS, the Town of Milton Town Board, in its review of Part 2 of the EAF
and after consultation with the Town Engineer, has determined that the project impacts
as they relate to the purchase and bonding of the purchase money that may occur will be
minimal in nature; and
NOW THEREFORE, BE IT RESOLVED, that based upon the Town Board’s
review of the proposed action and the EAF prepared by the Town Engineer, the Town
Engineer’s recommendations, and comparison with the criteria for determining a
significance found at 6 NYCRR Section 617.7 (c), the Town Board hereby finds that the
project of purchasing the property and bonding the purchase cost will not have a
significant impact on the environment and, therefore does not require the preparation of a
Draft Environmental Impact Statement; and
BE IT FURTHER RESOLVED, that the determination is based upon the facts
and conclusions outlines within Part 3 of the EAF completed by the Town of Milton
Town Engineer and Board affixed to this resolution; and
BE IT FURTHER RESOLVED, that this Determination of Significance shall be
considered a Negative Declaration made pursuant to Article 8 of the Environmental
Conservation Law; and
BE IT FURTHER RESOLVED, that the Town’s Clerk is hereby authorized to
file any and all appropriate notices so that the intent of this Resolution is carried out.
BY ORDER, by the Town Board of the Town of Milton.
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution adopted.
Resolution#25 by Zlotnick seconded by Frolish authorizing the purchase of land, authorizing the issuance of
serial bonds of the Town of Milton, Saratoga County, New York in an Aggregate Principal Amount Not to
exceed $500,000 pursuant to the Local Finance Law to Finance said purpose and delegating the power to issue
bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor as follows:
BE IT RESOLVED, by the Town Board of the Town of Milton, Saratoga County, New York
(the “Town”) (by favorable vote of not less than three‐fifths of all the members of the Board) as
follows:
Section 1. The specific object or purpose (herein referred to as “Purpose”) to be financed pursuant to this
resolution is the purchase from the Twin Rivers Council of the Boy Scouts of America (the “Twin Rivers
Council”) pursuant to a conditional contract of purchase between the Town and the Twin Rivers Council dated
November 14, 2017, of the approximately 279‐acre
Parcel of land in the Town at 3430 Boyhaven Road formerly known as Camp Boyhaven for use
As natural, wooded Town parkland. The estimated maximum cost of said purpose to the Town
Is $500,000.
Regular Meeting
January 24, 2018
Section 2. The Town Board plans to finance the total cost of said purpose by the issuance of
Serial bonds of the Town in an amount not to exceed $500,000, hereby authorized to be issued
Therefore pursuant to the Local Finance Law.
Section 3. It is hereby determined that said purpose is an object or purpose described in
Subdivision 21 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of
Probable usefulness of said purpose is 30 years.
Section 4. It is hereby determined that the proposed maturity of the obligations authorized by
This resolution will be in excess of five years.
Section 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this
resolution or any notes issued in anticipation of such bonds by
virtue of paragraph 9 of subsection d. of Section 107.00 of the Local Finance Law, with respect to the purpose
authorized to be financed hereby.
Section 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of
and interest on such bonds as the same respectively become due and payable.
Annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year. There shall annually be levied on all the
Taxable real property of said Town a tax sufficient to pay the principal of and interest on such
Bonds as the same become due and payable.
Section 7. Subject to the terms and contents of this resolution and the Local Finance Law, and
Pursuant to the provisions of Sections 30.00, 50.00 and 56.00 of said Law, the power to:
(a) Authorize bond anticipation notes in anticipation of the issuance of the serial bonds
Authorized by this resolution and the renewals of said notes.
(b) Prescribe the terms, form, content, and the manner of execution of the serial bonds
Authorized by this resolution and said bond anticipation notes, including the
Consolidation with other issues,
(c) Issue serial bonds with substantially level or declining annual debt service, and
(d) Sell and deliver said serial bonds and any bond anticipation notes issued in
Anticipation of the issuance of such bonds.
Is hereby delegated to the Town Supervisor the Chief Fiscal Officer of the Town.
Such bonds and bond anticipation notes shall contain substantially the recital of validity clause
Provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and
Contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Town
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Town Supervisor is further authorized to take such actions and execute such documents as
may be necessary to ensure the continued status of the interest on the bonds
Authorized by this resolution, and any notes issued in anticipation thereof, as excludable from
Gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue
Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any
notes issued in anticipation thereof, as “qualified tax‐exempt obligations” in accordance with Section 265(b)(3)
of the Code.
Section 9. Pending the sale of bonds herein authorized, the temporary use of funds from the Town’s general
fund, pursuant to the provisions of Section 165.10 of the New York Local Finance Law, is hereby authorized.
The Town reasonably expects to reimburse itself from the proceeds of bonds or notes herein authorized for
expenditures made for the purpose to be financed by this resolution prior to the issuance of such bonds or
notes, and this resolution is intended to constitute a declaration of official intent to reimburse for the
purposes of U. S. Treasury 1.150‐2.
Section 10. The Town has issued a negative declaration determining that the acquisition of the
Land as described in Section 1. will not have a significant effect on the environment.
Regular Meeting
January 24, 2018
Section 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale
of said serial bonds may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said Town is not authorized to
expend money, or
(2) The provisions of law which should be complied with at the date of the publication of this
resolution are not substantially complied with, and an action, suit or proceeding contesting such
validity is commended within twenty days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution of New York.
Section 12. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary
thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in
the Schenectady Gazette, a newspaper having a general circulation in the Town and hereby designated as the
official newspaper of the Town for such publication, after a period of time shall have elapsed for the
submission and filing of a petition for a permissive referendum and a valid petition shall not have been
submitted and filed. If such a
Section 13. The firm Barclay Damon LLP is hereby appointed Bond Counsel of the Town in connection with the
bonds and notes herein authorized.
Section 14. This resolution is adopted subject to a permissive referendum pursuant to Section 35.00 of the
Local Finance Law and the Town Clerk is hereby authorized and directed within ten (10) days after the
adoption of said resolution, to cause to be published a notice which sets forth the date of the resolution’s
adoption and contains an abstract of the resolution concisely stating its purpose and effect.
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution adopted.
Motion by Blaisdell seconded by Zlotnick authorizing Wayne Howe, William Lewis to attend Code Enforcement
Officials Educational Conference at Lake Placid, from March 4th through March 8th. Cost of the conference not
exceed $1,200.00 per person. Expenses paid by Town.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Zlotnick seconded by Blaisdell authorizing Arceni Polyak, Dog Control Officer, to attend the New
York Trapper Education Course on January 27, 2018 at Bainbridge, New York, with expenses paid by Town. No
fee for Course.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Zlotnick seconded by Blaisdell to send Dog Control Officer Arceni Polyak to the National Wildlife
Control Training with expenses paid by Town. Cost will be $200.00.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Frolish seconded by Blaisdell to appoint Barbara Kerr, Delegate to Town Association Annual
Meeting and Training school in New York City from February 18th to February 21st. with expenses paid by
Town.
Frolish – yes; Kerr – abstained; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Zlotnick seconded by Kerr to Hire Shannon Brooks, 1016 St. Lawrence Drive, Ballston Spa, New
York, as the Part Time Court Clerk for 20 hours a week at $15.00 per hour as recommended by Judge Turo and
Judge Brown.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Blaisdell seconded by Kerr authorizing three Court Clerks to attend the Saratoga County Magistrate
and Court Clerks Association meetings held four times a year in the evenings, with expenses paid by Town.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Motion by Zlotnick seconded by Blaisdell to appoint Severin Carlson, 79 Skylark Drive, Ballston Spa, New York
12020 to the Ethics Board. Term ending December 31, 2020.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Regular Meeting
January 24, 2018
Motion by Frolish seconded by Blaisdell to appoint Brenda L. Baird, 203 West Milton Road, Ballston Spa, New
York 12020, to the Ethics Board. Term ending December 31, 2020.
Frolish – yes; Kerr –no; Blaisdell – yes; Zlotnick-no; Ostrander – yes. Motion did not carry.
Resolution#26 by Frolish seconded by Zlotnick to accept the Milton Town Court Audit pursuant to the
Uniform Justice Court Act, Article 20, acknowledging the annual receipt and review by the Town Comptroller
of the Records and Dockets of the Town Justices for the year 2016 as follows:
WHEREAS, the Uniform Justice Court Act, Article 20, and the New York State
Office of Court Administration, require each Town Justice at least once a year, in order to
ensure that the annual audits are being performed, and that no major issues are found, to
present their records and dockets to the auditing board of said Town, for review, which
the Town Board shall consider and enter in the minutes of its proceedings the fact that
they have been duly examined, and that the fines therein collects have been turned over
to the proper officials of the Town as required by law, with a copy to be sent to the New
York State Office of Court Administration; and
WHEREAS, in Towns that have a Comptroller, the annual review and audit is
and shall be the Town Comptroller’s responsibility; and
WHEREAS, the Town Justices have duly prepared and turned over their annual
records and dockets in form acceptable to the Town Comptroller, and the Town
Comptroller had received, reviewed, accepted, and approved same; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town
of Milton hereby accepts and approves the annual audit of the Town Justices, as
recommended by the Town Comptroller, a copy of which is attached to this Resolution;
and
BE IT FURTHER RESOLVED, the Town Board officially enters in the minutes
of its proceedings the fact that the Town Justice’s records and dockets have been duly
examined by the Town Comptroller as required by law, and that the fines therein
collected have been turned over to the proper officials of the Town as also required by
law; and be it further
RESOLVED, that a copy of said records and dockets along with a copy of this
Resolution be forwarded to the New York State Office of Court Administration.
NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of
Milton.
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution adopted.
Correspondence
Letter from Judge Turo and Judge Brown announcing 2018 JCAP Grant Award in the amount of $8,436.29.
Letter from Jason Miller and Sean Mulvaney requesting carrying over 40 hours of vacation.
Motion by Zlotnick seconded by Kerr authorizing Jason Miller and Sean Mulvaney to carry over 40 hours of
vacation.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried
Letter from Patty Tesch President Miss Scotties Softball.
Motion by Blaisdell seconded by Zlotnick to waive the hourly fee for the Community Center for Miss Scotties
Softball Pasta Dinner Fundraiser.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Regular Meeting
January 24, 2018
Reports
Town Clerk report read by Town Clerk Mevec and filed.
Building Department report read by Supervisor Ostrander.
Parks, Building and Grounds and Community Center report read by Supervisor Ostrander and filed.
Highway Department report read by Supervisor Ostrander and filed.
Historian report by Kim McCartney.
Liaisons to Departments ‐ None
Public Comment: The following people spoke: John Olenik and Jim Staulters.
Motion by Zlotnick seconded by Kerr there being no further business to adjourn.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion carried.
Meeting adjourned at 7:24 PM
Respectfully submitted,
William J. Mevec
Town Clerk
Town of Milton – Board of Ethics Page 11
Investigation and Opinion ‐ 2018‐001 October 24, 2018
ATTACHMENT F
Town Board Meeting Minutes
FEBRUARY 28, 2018
5 PAGES
Regular Meeting
February 28, 2018
7:00 P. M.
Motion by Kerr seconded by Blaisdell to accept the January 24, 2018 minutes as presented.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Zlotnick seconded by Blaisdell to appoint Brenda Baird, 203 West Milton Road,
Ballston Spa, New York 12020, to the Town of Milton Ethics Board. Term ending December 31,
2021.
Frolish – yes; Kerr – no; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Blaisdell seconded by Zlotnick to set a public hearing on a proposed local law adding
a new article II and Article III and IV to Chapter 34 of the Town Code entitled “Residency
Requirements” on Wednesday, March 28, 2018 at 7:05 PM.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Frolish seconded by Zlotnick to adopt policy for Credit Card Usage in Emergency
Situations, with card limit of $5,000 for the 3 cards as follows:
department should submit all backup regarding purchases to the Comptroller’s Office as soon
as practicable.
These emergency cards will be able to be used for supplies deemed necessary by the
Emergency Preparedness Committee in the event of an emergency. These include but are not
limited to potable water, food, batteries, candles, and necessary health and welfare supplies to
provide for Town residents in an emergency situation as defined above.
Users: The Town of Milton will make available three $5000.00 limit credit cards for use in an
emergency situation. Users will be determined by the Emergency Preparedness Committee and
annually reviewed by the Town Board.
Each user will be required to ascertain they have reviewed the following procedures and will
abide by them:
1) The credit card will be issued in the name of the town and shall be used for Town
purchases only. Cash advances are prohibited. Credit cards will be coded to allow only
acceptable purchases relating to the Town.
2) The credit card will not be used for personal purchases of any kind. Use of the credit
card for personal purchases or expenses with the intention of reimbursing the Town is
prohibited.
3) All credit cards will not be shared with other users. The total limit on each card is
$5000.00. Users are required to maintain the security of the cards issued to them. All
precautions should be made to maintain confidentiality of the account number and
expiration date.
4) The user will follow the Town’s purchasing policy to the best of their ability. The card
should not be used unless the Town Supervisor or other authorized official shall declare
an emergency situation as defined above.
5) All purchases will need to follow Town purchasing policy in accordance with the Town’s
purchasing guidelines. Additionally, purchases should be tax exempt. Proper
paperwork for vendors is available for purchasers.
6) Documentation is required to be submitted for all purchases to the Comptroller’s office
as soon as possible. This includes receipts and any receiving confirmations. Submission
of receipts and proper documentation should be submitted to the Comptroller’s office
to avoid delay in payment which could result in late fees or interest charges.
7) Any loss or theft of Town credit cards will need to be reported to the Comptroller’s
office immediately so the cards may be properly cancelled.
Improper Use:
Designated users who use a Town credit card in a manner contrary to the established
procedures above will be subject to disciplinary action, as deemed appropriate by the Town
Board; including but not limited to verbal counseling, written reprimand, termination of
purchasing duties, reimbursement to the Town of unauthorized expenditures, suspension,
termination or legal action.
The Town Board reserves the right to change or amend this policy at any time by majority vote
of the Town board.
All designated users will review and sign a copy of this policy which will be kept in their
personnel file.
Motion by Blaisdell seconded by Zlotnick waiving facility fees for the Cub Scouts, Ballston Spa
Pack 1 Blue and Gold Banquet at the Town of Milton Community Center, on March 3, 2018.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Blaisdell seconded by Zlotnick authorizing Dog Control Officer Arceni Polyak to
attend the Basic Animal Control Officer Certification course in Town of Pine Plains. Course runs
from April 9th thru 13th. Cost is $550.00, and on March 14th at Town of Pine Plains, there is a
Chemical Immobilization Certification course. Cost is $125.00, with expenses paid by Town.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Blaisdell seconded by Zlotnick authorizing Dog Control Officer, Arceni Polyak to
attend 2018 Stand up for animal Shelters conference in Albany. No cost for this conference,
with expenses paid by Town.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Frolish seconded by Blaisdell authorizing Comptroller Darlene Allen to attend the
NYGFOA conference on March 22-23, 2018 in Albany, with expenses paid by Town. Cost is
$200.00.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Zlotnick seconded by Frolish to approve contract for insurance broker and human
resource info with Jaeger & Flynn as follows: Cost of Services. Fees associated with services
provided pursuant to this Combined Services Agreement will be a $100 Annual COBRA fee, plus
$2.50 per COBRA notice sent (via USPS first class mail with proof of mailing receipt), and 2%
premium charge paid by COBRA participants as allowed by law. Please note that Client has
already paid the Annual fee for COBRA Administration pursuant to an earlier agreement
through December 31, 2018. With that said, Client will be billed for COBRA Administration on
or about February 1, 2019 for a total of 13 months ($108). Thereafter, so Annual fee for JFA’s
Your HR Assistant services, which will be due upon execution of this agreement.
Consultant/TPA intends to initiate direct withdrawal of any monthly or per notice fees from
account designated on Employer ACH Authorization Form. Consultant/TPA may change the
amount of such fees by providing at least thirty (30) days written or electronic notice to Client
prior to the end of the plan year
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Zlotnick seconded by Blaisdell authorizing Fred Harris to attend mandatory basic
code enforcement training courses to be conducted in Cohoes, New York, Part 1 on February
20, 21, 22, 2018; Part 2, April 17, 18, 19, 2018 and Inspection procedures for Existing structures
June 5, 6, 7, 2018, from 8 am to 4 pm, with expenses paid by Town. No Fee to attend classes.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Motion by Zlotnick seconded by Frolish authorizing Russell Nowhitney to carry over 40 hours of
vacation time into next year.
Frolish – yes; Kerr – yes; Blaisdell – yes Zlotnick-yes; Ostrander – yes. Motion
carried.
Regular Meeting
February 28, 2018
From To Amount
A1990.4 A3510.1 $10,100.00
A1110.4 A1110.1 15,000.00
B9010.8 B9055.8 83.00
DB9010.8 DB9055.8 10.00
Res.#28 introduced by Zlotnick seconded by Blaisdell acknowledging the Annual receipt and
review by Town Comptroller for the records and dockets of the Town Justices for the year 2017,
as follows:
WHEREAS, the Uniform Justice Court Act, Article 20, and the New York State
Office of Court Administration, require each Town Justice at least once a year, in order to
ensure that the annual audits are being performed, and that no major issues are found, to
present their records and dockets to the auditing board of said Town, for review, which
the Town Board shall consider and enter in the minutes of its proceedings the fact that
they have been duly examined, and that the fines therein collects have been turned over
to the proper officials of the Town as required by law, with a copy to be sent to the New
York State Office of Court Administration; and
WHEREAS, in Towns that have a Comptroller, the annual review and audit is
and shall be the Town Comptroller’s responsibility; and
WHEREAS, the Town Justices have duly prepared and turned over their annual
records and dockets in form acceptable to the Town Comptroller, and the Town
Comptroller had received, reviewed, accepted, and approved same; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town
of Milton hereby accepts and approves the annual audit of the Town Justices, as
recommended by the Town Comptroller, a copy of which is attached to this Resolution;
and
BE IT FURTHER RESOLVED, the Town Board officially enters in the minutes
of its proceedings the fact that the Town Justice’s records and dockets have been duly
examined by the Town Comptroller as required by law, and that the fines therein
collected have been turned over to the proper officials of the Town as also required by
law; and be it further
RESOLVED, that a copy of said records and dockets along with a copy of this
Resolution be forwarded to the New York State Office of Court Administration.
NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of
Milton.
Frolish – yes; Kerr-yes; Blaisdell – yes; Zlotnick-yes; Ostrander -yes. Resolution
adopted.
Correspondence
Thank you letter from Gary Moeller, Director of the National Bottle Museum.
Reports
Town Clerk report read by Town Clerk Mevec and filed.
Building Department report read by Supervisor Ostrander and filed.
Highway Department report read by Supervisor Ostrander and filed.
Historian report by Historian McCartney and filed.
Animal Control report read by Dog Control Officer Polyak and filed.
Receiver of Taxes Report read by Supervisor Ostrander and filed.
Registrar Report read by Supervisor Ostrander and filed.
Town Association Report from Laura Orminski read by Laura Orminski and filed.
Liaisons to the Departments Report: Planning Board report by Councilwomen Kerr and
Councilman Frolish.
Comptroller Budget vs. Actual Revenue and Expenses and Custom Transaction
Detail Report filed.
Public Comment
The following people spoke: Robert Keihm presented the Town Board with an unsigned letter
of resignation from the Town of Milton Ethics Board.
John Bory presented the Town Clerk with a signed letter of resignation from the Town of Milton
Ethics Board.
Jim Staulters; Meg Stevens; John Olenik; Brenda Baird; Karin Konseck; Bill Usas; and Suzanne
Canell.
Respectfully submitted,
William J. Mevec
Town Clerk