Rotterdam Town Board Meeting. December 23, 2015



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Rotterdam Town Board Meeting December 23, 2015 5:30 p.m. AGENDA REVIEW PRESENTATION EXECUTIVE SESSION 7:00 p.m. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE SUPERVISOR S REPORT PROCLAMATION/PRESENTATIONS: Presentation of Certificate to Lou Sangiovanni and Steve Vollor-instrumental in a Police matter Presentation of Proclamation to Schalmont School s Girls Varsity Soccer Team PUBLIC HEARING: 1) The public presentation of a Map, Plan, and Report in accordance with New York State Town Law related to the creation of the proposed Hamburg Street Sewer District. The public hearing will include a discussion of the boundaries of the proposed District, the planned infrastructure improvements, and estimated user costs as well as an opportunity for public comment. The approval of the State Comptroller is required for the establishment of the proposed Sewer District, and the Town resolution establishing the proposed district is subject to permissive referendum as provided by Town Law. Copies of the Map, Plan, and Report will be available for review at the office of the Town Clerk during normal business hours. 2) To amend Chapter 112, of the Code of the Town of Rotterdam, New York, entitled Electrical Inspections, to add New York Atlantic-Inland, Inc.

PUBLIC COMMENT/PRIVILEGE OF THE FLOOR: (Those members of the public wishing to address the Town Board will be asked to sign in before the meeting is called to order on the sign-in sheets being provided. Speakers will be called to the podium in the order of their signing in. Persons recognized by the Chair to speak during privilege of the floor shall direct his/her comments to the Town Supervisor as Chair of the meeting. Persons granted the privilege of the floor shall first clearly state his/her name and address for the record. Persons so addressing the Chair through the use of a prepared written statement shall submit a copy of the same to the Town Clerk for the purpose of maintaining clear and accurate official minutes of the Town Board meeting.) General Rules of Procedure for Public Hearings & Privilege of the Floor: The purpose of a public hearing and/or privilege of the floor shall be for speakers to express their views, thoughts and speak freely. Public hearings and privilege of the floor are not meant to commence a dialogue with Town Board members, as Town Board will not comment at this time which is solely for the public to be heard. Each speaker, who wishes to address the Town Board and the public, shall have an equal and reasonable opportunity to be heard by the Town Board and the public. Each speaker will state his/her name and address for the record. Each speaker shall be afforded a maximum of four (4) minutes to address the Town Board and public. INTRODUCTION OF RESOLUTIONS AND MOTIONS: Res. No. 221.15 Call for public hearing to be held on Wednesday, January 13, 2016 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: Request by Niagara Mohawk Power Corporation for proposed directional bore under the Mohawk River for an electric distribution conduit on property located in the Aquifer Overlay Zone. This property, Tax Map No. 29.-4-31 and 38.-3-25, is located at Lock 8, 111 Rice Road, Rotterdam, New York 12306. 222.15 Authorize the Town Board of the Town of Rotterdam to affirm the Change of Zone granted in 1972 regarding Tax Map No. 59.15-10-24 and correct the Official Zoning Map of the Town of Rotterdam. 223.15 Authorize the Supervisor to execute a contract with Gracecom Communications located at 2215 Central Avenue, Schenectady, New York 12304, for a new communications system at the Rotterdam Town hall building and Rotterdam Highway garage. 224.15 Modify Resolution No. 123.15 to remove Reliance/Mass Mutual as the Trustee for the deferred compensation plan effective August 27, 2015. 225.15 Award the bid opened on Wednesday, October 28, 2015 to Rosen s Uniforms, 230 Central Avenue, Albany, New York 12206 for Standardized Uniforms and Equipment for the Police Department for a two (2) year period commencing January 1, 2016 through December 31, 2017.

226.15 Award the bid opened on Wednesday, October 28, 2015 to Nu Look Car Wash, 1156 Curry Road, Rotterdam, New York 12306 for Car Washing Services for Police Vehicles for the Police Department for a one (1) year period commencing January 1, 2016 through December 31, 2016. 227.15 Award the bid opened on Wednesday, October 28, 2015 to Regal Dry Cleaners, 1410 Central Avenue, Albany, New York 12205 for Dry Cleaning Services for the Police Department for a one (1) year period commencing January 1, 2016 through December 31, 2016. 228.15 Accept Town Clerk s report for the month of November 2015. 229.15 Amend Resolution No. 246.13, to authorize the Supervisor to execute a contract with Barton & Loguidice, P.C. located at 10 Airline Drive, Suite 200, Albany, New York 12205, to provide engineering services for the design, permitting and public bidding of the improvements to the Gullott Drive sewage pumping station in an amount not to exceed thirty seven thousand one hundred and 00/100 dollars ($37,100.00). 230.15 Authorize the Town Attorney to enter into a stipulation of settlement on behalf of the Town of Rotterdam, in the matter of Matthew J. Isgro, Kelly Isgro and Joseph Deangelo v. Town of Rotterdam, et al., Index Numbers 2014-1493 and 2015-1816, Article 7 Real Property Tax Certiorari proceedings for the tax years 2014 and 2015. 231.15 Authorize the Beebe Law Firm to sign a stipulation and settlement, encompassing tax certiorari proceeding for the year 2015 with the Petitioner, Bellevue Builders Supply-US LBM, LLC. 232.15 Authorize budget transfers by the Town Comptroller to various accounts for 2015. 233.15 Accept the 2014 Audit Report from Cusack & Company Certified Public Accountants, LLC, at 7 Airport Park Boulevard, Latham, New York 12110. COMMITTEE REPORTS MISCELLANEOUS EXECUTIVE SESSION ADJOURNMENT HARRY C. BUFFARDI, Supervisor

RESOLUTION NO. 221.15 WHEREAS, Niagara Mohawk Power Corporation has requested approval for proposed directional bore under the Mohawk River for an electric distribution conduit on property located at Lock 8, 111 Rice Road, Rotterdam, New York 12306; and WHEREAS, pursuant to the provisions contained in in the Code of the Town of Rotterdam, Chapter 270, entitled Zoning, Article XIV, entitled AO Aquifer Area Overlay District the Town Board of the Town of Rotterdam must conduct a public hearing and decide upon any proposed action requiring a building permit or other authorization under the Rotterdam Zoning Local Law or land subdivision regulations for property located in the Aquifer Overlay District; NOW SECTION 1. The Town Clerk of the Town of Rotterdam is hereby directed to publish in the official newspaper of the Town of Rotterdam not less than ten (10) days prior to the date designated for the public hearing provided for by the following public notice: TOWN OF ROTTERDAM NOTICE OF HEARING PLEASE TAKE NOTICE: Pursuant to Section 265 of the Town Law of the State of New York and Article XIV of the Zoning Law of the Town of Rotterdam, Schenectady County, New York, a public hearing will be held by the Rotterdam Town Board on Wednesday, January 13, 2016 at 7:00 p.m. at the John F. Kirvin Government Center, Town Hall, 1100 Sunrise Boulevard, Rotterdam, New York, for proposed directional bore under the Mohawk River for electric distribution conduit. This property, Tax Map No. 29.-4-31 and 38.-3-25, is located at Lock 8, 111 Rice Road, Rotterdam, New York 12306. SECTION 2.This resolution shall become effective December 23, 2015. BY ORDER OF THE ROTTERDAM TOWN BOARD DIANE M. MARCO, TOWN CLERK Daily Gazette: Please publish once on December 26, 2015 Town Clerk Post

RESOLUTION NO. 222.15 WHEREAS, The Official Zoning Map of the Town of Rotterdam does not reflect the Change of Zone (COZ) on Tax Map No. 59.15-10-24, Anges Avenue, Rotterdam, New York 12303 when the official map was digitized to electronic format on July 11, 2001 and does not appear on the current Zoning Map for the Town of Rotterdam; NOW SECTION 1.The Town Board of the Town of Rotterdam is hereby authorized to affirm the Change of Zone granted in 1972 and correct the Official Zoning Map of the Town of Rotterdam. SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 223.15 WHEREAS, the town accepted a communication system bid from Gracecom Communications in 2007. Basic maintenance has been maintained on the system which has now reached its operational limits and could cease to function at any point; and WHEREAS, Gracecom Communications holds the current New York State contract for communication services, and is familiar with the design of our communications network and the type of equipment that needs to be replaced for operations to be maintained; NOW SECTION 1.The Supervisor is hereby authorized to execute a contract with Gracecom Communications located at 2215 Central Avenue, Schenectady, New York 12304, for a new communications system at the Rotterdam Town Hall building and Rotterdam Highway garage. SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 224.15 WHEREAS, Reliance/Mass Mutual provided the trustee services for the town s deferred compensation plan until August 27, 2015. The adoption of a town board resolution to remove Reliance Trust Company is necessary to finalize their association with the plan; and WHEREAS, Reliance/Mass Mutual was appointed to the trustee position by resolution and now requires a resolution to discontinue their services for the plan; NOW SECTION 1. Modify Resolution No. 123.15 to remove Reliance/Mass Mutual as the Trustee for the deferred compensation plan effective August 27, 2015. SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 225.15 WHEREAS, pursuant to notice duly published according to Section 103 of the General Municipal Law, the Town Clerk of the Town of Rotterdam on October 28, 2015, publicly opened and read all bid proposals received by the Town of Rotterdam Police Department of the following: STANDARDIZED UNIFORMS AND EQUIPMENT SECTION 1.The Town Board of the Town of Rotterdam, upon the recommendation of the Chief of Police, does hereby accept and award Rosen s Uniforms, 230 Central Avenue, Albany, New York 12206, the bid for Standardized Uniforms and Equipment for a two (2) year period commencing January 1, 2016 through December 31, 2017. SECTION 2.The Supervisor of the Town of Rotterdam is hereby authorized to execute a contract with said Bidder in accordance with the terms of the bid proposal as submitted. Summary of bid prices are on file in the office of the Rotterdam Town Clerk. SECTION 3. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 226.15 WHEREAS, pursuant to notice duly published according to Section 103 of the General Municipal Law, the Town Clerk of the Town of Rotterdam on October 28, 2015, publicly opened and read all bid proposals received by the Town of Rotterdam Police Department of the following: CAR WASHING SERVICES FOR POLICE VEHICLES SECTION 1.The Town Board of the Town of Rotterdam, upon the recommendation of the Chief of Police, does hereby accept and award Nu Look Car Wash, 1156 Curry Road, Rotterdam, New York 12306, the bid for Car Washing Services for Police Vehicles for a one (1) year period commencing January 1, 2016 through December 31, 2016. SECTION 2.The Supervisor of the Town of Rotterdam is hereby authorized to execute a contract with said Bidder in accordance with the terms of the bid proposal as submitted. Summary of bid prices are on file in the office of the Rotterdam Town Clerk. SECTION 3.This resolution shall become effective December 23, 2015.

RESOLUTION NO. 227.15 WHEREAS, pursuant to notice duly published according to Section 103 of the General Municipal Law, the Town Clerk of the Town of Rotterdam on October 28, 2015, publicly opened and read all bid proposals received by the Town of Rotterdam Police Department of the following: DRY CLEANING SERVICES SECTION 1.The Town Board of the Town of Rotterdam, upon the recommendation of the Chief of Police, does hereby accept and award Regal Dry Cleaners, 1410 Central Avenue, Albany, New York 12205 the bid for Dry Cleaning Services for a one (1) year period commencing January 1, 2016 through December 31, 2016. SECTION 2.The Supervisor of the Town of Rotterdam is hereby authorized to execute a contract with said Bidder in accordance with the terms of the bid proposal as submitted. Summary of bid prices are on file in the office of the Rotterdam Town Clerk. SECTION 3.This resolution shall become effective December 23, 2015.

RESOLUTION NO. 228.15 SECTION 1. The Town s Clerk report for the month of November 2015 has been placed on file and the Town Clerk s check in the amount of one thousand nine hundred fifty two and 79/100 dollars ($1,952.79) has been submitted to the Supervisor for deposit. SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 229.15 seconded by Councilmember, it is hereby SECTION 1. Amend Resolution No. 246.13, to authorize the Supervisor to execute a contract with Barton & Loguidice, P.C. located at 10 Airline Drive, Suite 200, Albany, New York 12205, to provide engineering services for the design, permitting and public bidding of the improvements to the Gullott Drive sewage pumping station in an amount not to exceed thirty seven thousand one hundred and 00/100 dollars ($37,100.00). SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 230.15 WHEREAS, the Town of Rotterdam has litigated this Article 7, Real Property Tax Certiorari proceeding with Matthew J. Isgro, Kelly Isgro and Joseph Deangelo, regarding real property taxes upon premises located at 339 Howell Street and 2345 First Avenue, Tax Map No s. 59.19-3-9 and 59.11-4-21 for the 2014 and 2015 tax roll; and WHEREAS, the Town s Attorney, the Attorney for the Petitioner and Assessor have conferenced this matter and agreed to a reduction of assessed value for the above referenced years, from two hundred thousand and 00/100 dollars ($200,000.00) to one hundred eighty two thousand and 00/100 dollars ($182,000.00) for 339 Howell Street, Tap Map No. 59.19-3-9 and from one hundred fifty four thousand and 00/100 dollars ($154,000.00) to one hundred twenty five thousand and 00/100 dollars ($125,000.00) for 2345 First Avenue, Tap Map No. 59.11-4-21; and WHEREAS, it is deemed in the Town s best interest to settle the case for the above state amount; NOW THEREFORE, UPON MOTION of Councilmember, seconded by Councilmember, SECTION 1. Authorize the Beebe Law Firm to enter into a stipulation of settlement on behalf of the Town of Rotterdam, in the matter of Matthew J. Isgro, Kelly Isgro and Joseph Deangelo v. Town of Rotterdam, et al., Index Numbers 2014-1493 and 2015-1816, Article 7 Real Property Tax Certiorari proceedings for the tax years 2014 and 2015. SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 231.15 WHEREAS, the Petitioner, Bellevue Builders Supply-US LBM, LLC, commenced an action to challenge the assessment on the final 2015 assessment roll of the Town of Rotterdam, of certain properties set forth in Schedule A attached hereto and incorporated herein, in the Town of Rotterdam, County of Schenectady, State of New York, with said property hereinafter referred to as the Subject Parcels ; and NOW WHEREAS, the parties, by and through their respective attorneys, have agreed to settle; THEREFORE, UPON MOTION of Councilmember, seconded by Councilmember, BE IT RESOLVED BY THE MEMBERS OF THE TOWN BOARD: SECTION 1. Pursuant to the Town Law of the State of the New York, the town board authorizes the Beebe Law Firm to sign a stipulation and settlement, encompassing tax certiorari proceeding for the year 2015, regarding the tax parcels numbers 48.17-6-8, 48.17-6-9 and 48.17-6-10 to be merged into one parcel; 48.17-7-10.1 and 48.17-7-9.1 will be merged into one parcel; 48.13-1-9 and 48.13-1-8 will be merged into one parcel and finally 48.18-7-1.1, 48.18-7-35, 48.18-7-36, 48.18-7-37, 48.18-7-38, and 48.18-7-39 will be merged into one parcel. SECTION 2. The assessed value of all parcels shall total six million, three hundred thousand dollars and 00/100 ($6,300,000.00). SECTION 3. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 232.15 SECTION 1. Pursuant to Section 36 of the General Municipal Law of the State of New York and Sections 102, 112 and 113 of Town Law of the State of New York, regarding the Uniform System of Accounts, the following are transfers to the various accounts for 2015 and are hereby audited and approved: General A3120 4904 FROM: POLICE MAINT & SUPPLIES -25.00 General A3120 4327 INTO: REFUSE COLLECTION 25.00 General A1110 4400 FROM: JUSTICE REPR/MACHCONTRCT -253.00 General A1110 4360 INTO: JUSTICE STENOS AND INTERP 253.00 General A3620 4905 FROM: SFTY INSP HEALTH EMRGNCY -1,700.00 General A3620 4305 INTO: SFTY INSP AUTO REPAIR 1,700.00 General A3120 4403 FROM: POLICE MBRSHP DUES / SCHOOL -381.89 General A3120 4904 INTO: POLICE MAINT & SUPPLIES 131.25 General A3120 4902 INTO: POLICE HVAC MAINT CNTRCT 250.64 General A3120 4319 FROM: UNIFORM CLEANING -2,000.00 General A3120 4154 INTO: PROFESSIONAL SERVICES 2,000.00 General A3120 2530 FROM: RADIO COMPUTER EQUIPMENT -3,500.00 General A3120 4154 INTO: PROFESSIONAL SERVICES 3,500.00 General A3620 4901 FROM: BLDG INSP BLDG DEMOLITION -100.00 General A3620 4305 INTO: SFTY INSP AUTO REPAIR 100.00 General A3310 4116 FROM: CHILD SAFETY SEATS -600.00 General A3310 4602 INTO: PERSONAL PROTECTION 600.00 EQUIPMENT General A8189 4305 FROM: TRUCK/ROAD REPAIRS -700.00 General A8189 4323 INTO: LEACHATE DISPOSAL 700.00 Sewer 2 S28130 4863 FROM: SS2 CHEMICALS -3,500.00 Sewer 2 S28130 4870 INTO: SS2 SLUDGE REMOVE/DISPOSAL 3,500.00 Sewer 2 S28130 4600 FROM: SS2 HEAT & FUEL -200.00 Sewer 2 S28130 4319 INTO: SS2 UNIFORMS & CLEANING 200.00 Water 5 W58310 4800 FROM: W5 DATA PROCESS SUPPORT -200.00 Water 5 W58310 4300 INTO: W5 CONFERENCES 200.00 Water 5 W58320 4880 FROM: W5 EQUIP MAINT & REPAIR -100.00 Water 5 W58320 4305 INTO: W5 AUTO MAINT & REPAIR 100.00 Water 5 W58340 100096 FROM: W&S MAINTSUPRVISR -2,000.00 Water 5 W58340 150096 INTO: W5 OVERTIME 2,000.00 Water 5 W58340 4877 FROM: W5 HYDRANTS -200.00 Water 5 W58340 4875 INTO: W5 PIPE FITTINGS & VALVES 200.00 General A1620 4601 FROM: PREVENTATIVE MAINT & SUPPLY -5,000.00 General A1620 4902 INTO: BLDGS HVAC MAINT 5,000.00 General A1355 4800 FROM: DP SUPPORT/WEB FEES -500.00 General A1355 4100 INTO: ASR OFFICE SUPPLIES 500.00 Highway DA5110 4707 FROM: LAND AND PLOW DAMAGE REP -500.00

Highway DA5110 4500 INTO: HWY PUMP STATION ELECTRIC 500.00 General A3310 4116 FROM: CHILD SAFETY SEATS -60.00 General A3310 4904 INTO: TRAFFIC CON MAINT SUPPLY 60.00 Highway DA5110 4710 FROM: HWY GEN REP DRAINAGE -6,000.00 Highway DA5110 4705 INTO: BLACKTOP AND MIX GEN REP 6,000.00 Highway DA5110 4710 FROM: HWY GEN REP DRAINAGE -600.00 Highway DA5110 4705 INTO: BLACKTOP AND MIX GEN REP 600.00 General A1620 4103 FROM: COPY MACHINE SUPPLIES -281.76 General A1620 4104 INTO: ELEVATOR MAINTENANCE 281.76 General A3120 104032 FROM: POLICE OFFICERS -257,596.70 General A3120 111932 INTO: PUB SAF DISPATCH MGR 24,784.89 General A3120 119532 INTO: RETIREMENT ALLOWANCE 232,811.81 General A1315 4359 FROM: COMPT AUDIT SERVICES -70.00 General A1315 4100 INTO: COMPT OFFICE SUPPLIES 70.00 General A1990 4172 FROM: SPIM CONTINGENT ACCOUNT -35,451.45 General A1620 2000 INTO: OFFICE EQUIPMENT 28,531.60 General A5132 2000 INTO: OFFICE EQUIPMENT 6,919.85 Water 5 W59901 900003 FROM: TRANSFER TO RESERVES -26,483.03 Water 5 W58340 4889 INTO: W5 BACKFILL/PAVEMENT REP 26,483.03 General A7110 4904 FROM: PARKS MAINT & SUPPLIES -975.00 General A7110 4152 INTO: PARKS DUMPSTER RENTAL 975.00 Highway DA5140 120056 FROM: MEO MEDIUM BRWD -42,654.68 Highway DA5140 130056 FROM: SR LABORER BRWD -1,669.35 Highway DA5110 2000 INTO: EQUIPMENT 44,324.03 Water 5 W58340 4877 FROM: W5 HYDRANTS -740.70 Water 5 W58340 4887 INTO: W5 WTR EQUIP MAINT SUPP 740.70 Net Change 0.00 SECTION 2. This resolution shall become effective December 23, 2015.

RESOLUTION NO. 233.15 SECTION 1. The Town Board of the Town of Rotterdam hereby accepts the 2014 Audit Report from Cusack & Company Certified Public Accountants, LLC, located at 7 Airport Park Boulevard, Latham, New York 12110. SECTION 2. This resolution shall become effective December 23, 2015.