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Parisi asks for rezone reform in Rotterdam
Sean Ahern 04/07/10
Rotterdam Town Board member Gerard Parisi said he would like to see more transparency when it comes to rezoning properties, but Supervisor Frank Del Gallo said Parisi’s proposed resolution to that effect would create more hassles for those looking for zoning changes.
Parisi, the lone Republican on the board, is proposing the “Rotterdam Rezone Reform Act of 2010.” The resolution, which has yet to come before the board officially, would require rezone applicants to disclose any personal, business or political relationships with town officials in their applications.
Parisi said that in the town of Rotterdam, rezones are historically decided on the connection of the applicant to a Town Board member’s business, political or personal interests. He said Rotterdam has been a “developer’s town,” and that he is pro-development, but when done with the right planning.
“I don’t know if this will completely stop this, but it will give transparency to the process,” he said.
Although Parisi’s proposal faces an uphill battle in getting passed by a board made up of members of the opposing political party, he said he hopes they keep an open mind about the proposal.
“I think it is a good law, and they will see that it is helpful,” he said.
In a draft of the resolution, any individual, association, organization,
partnership, firm, corporation or entity applying for a change of zoning request must disclose any connection within the past five years to a town official or employee that “could affect of give the appearance that it could affect the judgment of a town officer” as part of the application process.
Parisi stated that while the relationship to a town official or employee may not create a conflict of interest, it can sometimes be an inappropriate influence that is not known and affects the residents in the town.
Del Gallo said Parisi’s proposal will make the process of rezoning harder than it needs to be by creating a lot more paperwork and red tape.
“I think we have enough laws as it is,” said Del Gallo.
Following a public hearing on March 24 on the rezoning of an apartment complex at 325 Duanesburg Road owned by Sync Realty, Del Gallo said a $1,000 campaign contribution from the company would not sway his vote.
The town of Rotterdam will meet again on Wednesday, April 14, at 7 p.m.
The draft of the resolution is as follows:
§ 271-1 Title.
This chapter shall be known, and may be cited, as the “Rotterdam Rezone Reform Act of 2010” (RRRA).
§ 271-2 Purpose.
It is the purpose of this chapter to promote development in the Town of Rotterdam in a manner that ensures openness and accountability to the citizens of the Town. This Chapter will serve to limit a developer’s ability to rely on personal connections to Town officials to garner support for zoning changes, without the public being aware of such connections. It will also serve to promote and protect proper and organized town planning and will promote adherence to well-considered Town planning documents such as the Town Comprehensive Plan.
§ 271-3 Definitions.
Covered Person
Includes the applicant, his relatives, and any professional, or tradesman, working on the applicant’s behalf, including attorneys, architects, engineers, real estate professionals, builders, contractors, etc.
Disclosure of Personal Connections Form
Means the form that shall be created by the Town of Rotterdam Zoning Board of Appeals, in conjunction with the Town of Rotterdam Ethics Board, which shall carry out this Chapter. This form must require notarization and all statements made thereon shall be sworn to, under penalty of perjury. Before taking affect, such form shall be approved by the Rotterdam Town Board, and said form shall be reapproved, or amended, on the First day of January in each subsequent year.
Person
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
PERSONAL CONNECTION
Any connection to a town official or employee which could affect, or could give the appearance that it could affect the judgment of a Town officer or employee. Such connections include but are not limited to the following past or present items: familial relationships, common business transactions and joint ventures; Campaign Contributions (as defined by the Election Law of the State of New York); Common membership in a social club or organization; Common membership on the Board of Directors of any Corporation (for-profit, or non-profit); Common ownership in any business entity; Serving as a member of a political committee (as defined by the Election Law of the State of New York); Political campaign activities (including endorsing candidates, participating in “Get Out The Vote” initiatives, obtaining signatures for candidates on petitions, attending political fundraisers, hosting political fundraisers, and any other type of activity on behalf of a candidate for public office);
Relative
Includes the Grandparent, Parent, Spouse, Child, Dependent, Aunt, Uncle, Nephew, Niece, Grandchild of the applicant, whether of the whole blood, half blood, or by law, including adoption and marriage, as well as the respective spouses of all previously delineated persons.
§271-4 Disclosure Required.
Any personal connection between any covered person and any officer or employee of the Town of Rotterdam, whether a current connection, or a connection existing within the five (5) years immediately preceding the application must be disclosed by filing the required disclosure form at the time the application for a change of zone is submitted to the Town of Rotterdam.
§271-5 Affect Of Failure To Comply With Disclosure Requirement.
The Town of Rotterdam, including all Boards, Agencies, Officers and Employees shall not consider any application for a change of zone if such application is not accompanied by the Disclosure of Personal Connections Form.
§ 271-6 Affect of Disclosed Information.
No information disclosed under this Chapter shall be interpreted to prohibit an applicant from seeking a change of zone under Chapter 270. The purpose of disclosure is to provide accountability and openness to the public and shall not, itself, be the basis for the rejection of a change of zone under Chapter 270.
§271-7 Severability
Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
Logged
Right all of those against this idiotic primary are at the RACC, There is no support for this "effort". Even at the pizzeria.
