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7/14/2010 TOWN BOARD MEETING
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ROTTERDAM TOWN BOARD
JULY 14, 2010
AGENDA
7:00 p.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
SUPERVISOR’S REPORT
PRIVILEGE OF THE FLOOR FOR PERSONNEL AGENDA ITEMS
PERSONNEL:
Res. No.
193.10 Appoint and promote Joshua Leary to the position of Senior Laborer, full-time,
provisional, with full employee benefits, at an hourly rate of $19.3246, effective
retroactive to March 2, 2010.
PUBLIC HEARINGS:
A. To amend Chapter 270 of the Code of the Town of Rotterdam entitled ZONING for a
Change of Zone application proposed by Timothy Larned and Maria Esposito on
approximately 71.8 acres from Heavy Industrial (I-2) and General Business (B-2) to
Planned Residential Development (PRD) and General Business (B-2). The applicants
propose the construction of 248 multi-family garden apartments, approximately 20,000
square feet of commercial space, relocation of existing baseball fields, and the creation of
a permanent recreation/conservation area.
This matter is hereby referred to the Town Planning Commission for a recommendation
to be made prior to the July 14, 2010 Public Hearing.
This matter is hereby referred to the Schenectady County Department of Planning and
Economic Development pursuant to NYS General Municipal Law Section 239-m.
Public Hearing was called for on June 9, 2010.
PRIVILEGE OF FLOOR FOR AGENDA ITEMS
Res. No
194.10 Adopt and authorize Supervisor to sign Negative Declaration dated July 14, 2010 for
the Change of Zone request from Timothy Larned and Maria Esposito relative to the
project in Resolution No. 195.10 below.
195.10 Adopt Local Law No. Six (6) of the Year 2010 for the following purpose:
To amend Chapter 270 of the Code of the Town of Rotterdam entitled
ZONING for a Change of Zone application proposed by Timothy Larned
and Maria Esposito on approximately 71.8 acres from Heavy Industrial
(I-2) and General Business (B-2) to Planned Residential Development
(PRD) and General Business (B-2). The applicants propose the
construction of up to 248 multi-family garden apartments, approximately
20,000 square feet of commercial space, relocation of existing baseball
fields, and the creation of a permanent recreation/conservation area.
Public Hearing was called for on June 9, 2010.
Public Hearing was held on July 14, 2010.
196.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 upon adoption of a proposed Local Law of the Year 2010 for the
following purpose:
To amend §266-52, Schedule XII of the Code of the Town of Rotterdam entitled,
“No Parking at Any Time” by amending as follows:
In accordance with the provisions of §266-20, no person shall park a
vehicle at any time upon the following streets or parts of streets:
Name of Street Side Location
Sixth Street North Across the street
from 1053 Sixth
Street
197.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 for the following purpose:
For location in the Aquifer Overlay (AO) Zone for PC Development Group,
LLC, to construct a multi-use building with an office and a bank with a drivethru
and location of a second building with a fast food restaurant and associated
drive-thru.
198.10 Declare the Town of Rotterdam as “lead agency” and authorize the Town Planner to
prepare, file, publish and distribute all documents necessary to comply with 6 NYCRR
Part 617 & SEQR relative to the below-proposed amendment to the Code of the Town
of Rotterdam request as outlined in Resolution 199.10 below.
199.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 for the following purpose:
To add to Chapter 270, a Landmark and Historic Preservation ordinance relating
to the establishment of protection for the prehistoric, historical, and cultural
landmarks in the Town of Rotterdam, Schenectady County.
200.10 Authorize the Town Board of the Town of Rotterdam to accept a Resolution to
establish the Ratio of Homestead and non-Homestead base proportions.
201.10 Authorize the Supervisor to execute an out-of-district water agreement with Glenda
M. Atkins of 4906 P- Rynex Corners Road, Pattersonville, New York 12137.
202.10 Authorize the Supervisor to execute an out-of-district water agreement with Martha
Masters of 7296 Guilderland Avenue, Schenectady, New York 12205.
.
203.10 Authorize the Supervisor to execute a contract with John M. McDonald Engineering,
P.C., 7 South Church Street, Schenectady, New York 12305 for the preparation of a
bid package containing plans and specifications for the necessary repairs to the
trickling filters, in an amount not to exceed $6,970.00.
204.10 Authorize the Supervisor to negotiate and sign an intermunicipal sanitary sewer
agreement with the Town of Colonie regarding the connection of a sanitary sewer line
from the Town of Rotterdam into the Town of Colonie sewer system for the benefit of
Pinewood School.
205.10 Authorize the Supervisor to negotiate and sign an agreement with the Mohonasen
Central School District regarding the payment structure, maintenance, operation, and
construction schedule of the aforementioned connection in Resolution No. 204.10.
206.10 Authorize the Supervisor to negotiate and sign an intermunicipal water agreement with
the City of Schenectady.
207.10 Authorize the Supervisor to enter into an agreement with Curry Road Condominium
Sewage Corporation for the collection and transportation of sewage.
208.10 Authorize the Town Attorney to settle Berard et. al v Town of Rotterdam et. Al.,
federal case number 1:06-cv-00891-LEK-RFT for a sum not to exceed $18,000.00.
209.10 A resolution setting the date of November 2010 for the vote on the proposed
Ambulance Service District 1.
210.10 Adopt a resolution whereby the Town of Rotterdam will not conduct personal
registration of voters prior to the vote on proposed Ambulance District No. 1.
211.10 Amend Resolution 157.10 to show that absentee ballots shall not be available for the
vote on proposed Ambulance District No. 1.
212.10 Adopt standard work day for elected and appointed officials for the purpose of
determining days worked reportable to the New York State and Local Employees’
Retirement System.
CONSENT ITEMS:
Res. No
213.10 Authorize the Supervisor to execute a renewal contract with Catholic Charities of
Schenectady County, 818 Union Street, Schenectady, NY 12308 in the amount of
Three Thousand and 00/l00 ($3,000.00) Dollars for implementation of the Nutrition
Program for the Elderly for the year 2010.
214.10 Authorize the Supervisor to execute a renewal contract with Catholic Charities of
Schenectady County, 818 Union Street, Schenectady, NY 12308 in the amount of Five
Hundred and 00/l00 ($500.00) Dollars for implementation of the Transportation
Program in conjunction with the Nutrition Program for the Elderly for the year 2010.
215.10 Authorize Comptroller to declare certain office equipment obsolete.
216.10 Accept Town Clerk’s Report for the month of June 2010.
217.10 Budget transfers by the Town Comptroller to various accounts.
DISCUSSION ITEMS
COMMITTEE REPORTS
PUBLIC COMMENT PRIVILEGE OF FLOOR
(Per Resolution No. 444.06) G
General Rules of Procedure for Public Hearings & Privilege of the Floor:
Each speaker will state his/her name and address for the record. To ensure each attendee has an
equal and reasonable opportunity to address their concerns, he/she is afforded a maximum of four
(4) minutes to address the Town Board.
MISCELLANEOUS
ADJOURNMENT
FRANCIS DEL GALLO, Supervisor
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ROTTERDAM TOWN BOARD
JULY 14, 2010
AGENDA
7:00 p.m.
ROLL CALL

Parisi - Absent

PLEDGE OF ALLEGIANCE

SUPERVISOR’S REPORT

(missing info here)


PRIVILEGE OF THE FLOOR FOR PERSONNEL AGENDA ITEMS




PERSONNEL:
Res. No.
193.10 Appoint and promote Joshua Leary to the position of Senior Laborer, full-time,
provisional, with full employee benefits, at an hourly rate of $19.3246, effective
retroactive (radioactive)to March 2, 2010.

Parisi – N/A
Godlewski - no
Martin - no
Dileva - no
Del Gallo - no



PUBLIC HEARINGS:
A. To amend Chapter 270 of the Code of the Town of Rotterdam entitled ZONING for a
Change of Zone application proposed by Timothy Larned and Maria Esposito on
approximately 71.8 acres from Heavy Industrial (I-2) and General Business (B-2) to
Planned Residential Development (PRD) and General Business (B-2). The applicants
propose the construction of 248 multi-family garden apartments, approximately 20,000
square feet of commercial space, relocation of existing baseball fields, and the creation of
a permanent recreation/conservation area.
This matter is hereby referred to the Town Planning Commission for a recommendation
to be made prior to the July 14, 2010 Public Hearing.
This matter is hereby referred to the Schenectady County Department of Planning and
Economic Development pursuant to NYS General Municipal Law Section 239-m.
Public Hearing was called for on June 9, 2010.

Andy Brick- applicant’s attorney
Best part is the permanent base ball field
According to the map north thompson becomes a 90 to burdeck
20,000 sq ft for another pizza place or ice cream place
Entrance to the ball fields is from Campbell between the sewer plant and the town storage area
County planning - has no interest
The town should consider side walks

Sidewalks are a deal killer

Richard Malaczynski
The environmental impacts are large in the triangle
A type 1 action requires a SEQR
Who is going to live there
Long pond is in the 50 percent occupancy rate
Then add 250 units this raises an eyebrow to if there is a true need
Mr larnard is delinquent in his property taxes
Please table the resolution based on non payment of taxes
the entire project is based on a pretty graphic and a single drawing
Much like the object in the sealed box
I have foiled the documents and have not been able to review them

Andy brick - the ball fields will most likely be built before the appartments
We think this will provide - An overlook of a ball field
Sewer - we met with mike greismier and he said we have the capacity ---maybe with some improvements

Bobby Ivonella- unpaid taxes
Both tim and I own the properties and we are in a lawsuit over the assessments.
I believe he is speaking junk science on SEQR

Mr. Malaczynski - I never said I couldn't prepare but the Documents were not available

Mr. Godlewski - you should never have to foil for public hearing info

Mr. Malaczynski  -I went to dpw and Cindy Dumar - said a foil is required. And Ms Golden took the foil request

Mr. Godlewski - laughing - we will correct that.

Ron Severson - if we don't change the zoning that property will sit till I am 100
Please vote yes

Mrs Malaczynski - at the planning commission - some were hesitant and that they were rushed based on the start of construction of the ball fields


PRIVILEGE OF FLOOR FOR AGENDA ITEMS


Res. No 194.10 Adopt and authorize Supervisor to sign Negative Declaration dated July 14, 2010 for
the Change of Zone request from Timothy Larned and Maria Esposito relative to the
project in Resolution No. 195.10 below.
Parisi - N/A
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y


195.10 Adopt Local Law No. Six (6) of the Year 2010 for the following purpose:
To amend Chapter 270 of the Code of the Town of Rotterdam entitled
ZONING for a Change of Zone application proposed by Timothy Larned
and Maria Esposito on approximately 71.8 acres from Heavy Industrial
(I-2) and General Business (B-2) to Planned Residential Development
(PRD) and General Business (B-2). The applicants propose the
construction of up to 248 multi-family garden apartments, approximately
20,000 square feet of commercial space, relocation of existing baseball
fields, and the creation of a permanent recreation/conservation area.
Public Hearing was called for on June 9, 2010.
Public Hearing was held on July 14, 2010.

Parisi - N/A
Godlewski – y – On SEQR - this change of zone is for no project action - we are only approving the PRD
Martin - y
Dileva - y
Del Gallo - y


Andy Brick, Bobby I and others depart

196.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 upon adoption of a proposed Local Law of the Year 2010 for the
following purpose:
To amend §266-52, Schedule XII of the Code of the Town of Rotterdam entitled,
“No Parking at Any Time” by amending as follows:
In accordance with the provisions of §266-20, no person shall park a
vehicle at any time upon the following streets or parts of streets:
Name of Street Side Location
Sixth Street North Across the street from 1053 Sixth Street

Parisi - N/A
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y


197.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 for the following purpose:
For location in the Aquifer Overlay (AO) Zone for PC Development Group,
LLC, to construct a multi-use building with an office and a bank with a drivethru
and location of a second building with a fast food restaurant and associated
drive-thru.

Parisi - N/A
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

198.10 Declare the Town of Rotterdam as “lead agency” and authorize the Town Planner to
prepare, file, publish and distribute all documents necessary to comply with 6 NYCRR
Part 617 & SEQR relative to the below-proposed amendment to the Code of the Town
of Rotterdam request as outlined in Resolution 199.10 below.

Parisi - N/A
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

199.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 for the following purpose:
To add to Chapter 270, a Landmark and Historic Preservation ordinance relating
to the establishment of protection for the prehistoric, historical, and cultural
landmarks in the Town of Rotterdam, Schenectady County.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

200.10 Call for public hearing to be held on Wednesday, August 11, 2010 at 7:00 p.m. at the
John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam,
New York 12306 for the following purpose:
To add a local law adopting Part A of Chapter 105 of the 2010 Retirement
Incentive Program to provide eligible employees with one additional month of
service credit for each year of service as of the date of retirement, with a cap of
three years credit.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

201.10 Authorize the Town Board of the Town of Rotterdam to accept a Resolution to
establish the Ratio of Homestead and non-Homestead base proportions.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

202.10 Authorize the Supervisor to execute an out-of-district water agreement with Glenda
M. Atkins of 4906 P- Rynex Corners Road, Pattersonville, New York 12137.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

203.10 Authorize the Supervisor to execute an out-of-district water agreement with Martha
Masters of 7296 Guilderland Avenue, Schenectady, New York 12205.
.
Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

204.10 Authorize the Supervisor to execute a contract with John M. McDonald Engineering,
P.C., for the preparation of a bid package containing plans and (what's that word)specifications for the
necessary repairs to the trickling filters, in an amount not to exceed $6,970.00.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

205.10 Authorize the Supervisor to negotiate and sign an intermunicipal sanitary sewer
agreement with the Town of Colonie regarding the connection of a sanitary sewer line
from the Town of Rotterdam into the Town of Colonie sewer system for the benefit of
Pinewood School.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

206.10 Authorize the Supervisor to negotiate and sign an agreement with the Mohonasen
Central School District regarding the payment structure, maintenance, operation, and
construction schedule of the sewer connection in Resolution No. 205.10.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y


207.10 Authorize the Supervisor to negotiate and sign an intermunicipal water agreement with
the City of Schenectady.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

Andy brick has returned

208.10 Authorize the Supervisor to enter into an agreement with Curry Road Condominium
Sewage Corporation for the collection and transportation of sewage.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

Andy brick leaves

209.10 Authorize the Town Attorney to settle(what's that name) Berard et. al v Town of Rotterdam et. Al.,
federal case number 1:06-cv-00891-LEK-RFT for a sum not to exceed $18,000.00.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

210.10 Adopt standard work day for elected and appointed officials for the purpose of
determining days worked reportable to the New York State and Local Employees’
Retirement System.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

CONSENT ITEMS:
Res. No
211.10 Authorize the Supervisor to execute a renewal contract with Catholic Charities of
Schenectady County, 818 Union Street, Schenectady, NY 12308 in the amount of
Three Thousand and 00/l00 ($3,000.00) Dollars for implementation of the Nutrition
Program for the Elderly for the year 2010.
212.10 Authorize the Supervisor to execute a renewal contract with Catholic Charities of
Schenectady County, 818 Union Street, Schenectady, NY 12308 in the amount of Five
Hundred and 00/l00 ($500.00) Dollars for implementation of the Transportation
Program in conjunction with the Nutrition Program for the Elderly for the year 2010.
213.10 Authorize Comptroller to declare certain office equipment obsolete.
214.10 Accept Town Clerk’s Report for the month of June 2010.
215.10 Budget transfers by the Town Comptroller to various accounts.

Parisi -
Godlewski - y
Martin - y
Dileva - y
Del Gallo - y

The time is 7:55pm

DISCUSSION ITEMS




COMMITTEE REPORTS

Mr. Godlewski
Monday - the town received a tip grant of 6 million
We need to budget 20 percent of the 6 million

Agenda meeting we handed out what the budget might look like
Our budget is uncomfortable
The supervisor is looking for help from board members

Some numbers
General - $2.14 / 1000 add 26 percent
(Or by Tippy’s calculation $2.69/1000)

Highway $1.20 /100 up 11 percent
(Or by Tippy’s Calculation $1.33/1000)



Matts Senior Moment -
9am-2pm every sat farmers market
7pm-8:30pm every monday at the ctr





PUBLIC COMMENT PRIVILEGE OF FLOOR
(Per Resolution No. 444.06) G
General Rules of Procedure for Public Hearings & Privilege of the Floor:
Each speaker will state his/her name and address for the record. To ensure each attendee has an
equal and reasonable opportunity to address their concerns, he/she is afforded a maximum of four
(4) minutes to address the Town Board.

Mr Malaczynski - where is the metroplex rebate money in the budget is my question via email appropriate -

Mr Godlewski
It is in the revenue side
This year is under level
3.14

Mr Malaczynski - The town has receives about a million a year, very close to Glenville’s amount
And it represents 5 percent of the towns budget(income)

Is email an appropriate method? Some members board responds we don't all respond if one has responded.

Ron Seversdon- On Parks we have had 4 public input meetings  Aug 11 is our 5th presentation at 5:30pm – Town Hall

Adjourned 8:05


Talking to each other is better than talking about each other
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clubhouse
July 15, 2010, 7:25am Report to Moderator
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The "draft" agenda issued earlier in the week had resolutions regarding the Ambulance District vote.  It appears as though they were dropped from the agenda and were never discussed last night.  
Does anyone want to speculate why?
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TippyCanoe
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to bad the public hearing is over on that subject

I'll bet they are looking for 1.2 million for next year and they will roll it in with that

1.2  1.5 1.6 whats the difference

they will use their collective public school experience to find the money (school administrator, ex-board member, undergraduate)



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clubhouse
July 15, 2010, 1:37pm Report to Moderator
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Quoted from TippyCanoe

Mr larnard is delinquent in his property taxes
Please table the resolution based on non payment of taxes


Yes, another rezone granted to a developer with unpaid taxes!    Reason given by the developer:  the assessment is in a lawsuit with the Town.   Wait...do all the residents have the right to withhold their tax payments if they don't agree with their assessment?  PLEASE!!!!

And the rezone was hereby granted by the TB with no hesitation!  

Different subject but an interesting comment...one of the  residents speaking at the meeting revealed that ND got a reduction in the assessment on her home.  Remember how her heart went out to all those residents whose assessments went up over the past several years? How about the statement she made that one of the reasons she ran for office was because her assessment had gone up considerably since she purchased her home?    
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clubhouse
August 3, 2010, 2:53pm Report to Moderator
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The video for the 7/14/2010 meeting is now available for viewing on Open Stage Media's website

http://www.openstagemedia.com/?q=watch

Click on Rotterdam Government (right hand side of page) under "categories."  
Hit the play button, open a bag of popcorn and enjoy!
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MobileTerminal
August 3, 2010, 2:59pm Report to Moderator
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That raise in the first 5 minutes was "radioactive" eh?

LOL
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TippyCanoe
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sure was see above!


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