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
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
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?
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?