ROTTERDAM Parisi: Zoning applicants should disclose ties BY JUSTIN MASON Gazette Reporter
Councilman Gerard Parisi wants those seeking a zoning change to disclose any close relationships they have with Rotterdam officials when submitting their application to the town. The Town Board’s lone Republican is proposing a local law that would require the creation of a zoning application disclosure form that would then be attached to all rezone applications. The so-called disclosure of personal connections form would disclose a wide range of relationships with town officials, including familial ties, business transactions, campaign contributions, membership in social organizations and service on a political committee, among other things. The form would need to be notarized, thereby making any statements made on it sworn under penalty of law. Town officials would turn away any applicant lacking the disclosure form with their zone change request, according to Parisi’s draft law. Parisi said the law would add a layer of transparency that has been absent from the zoning process. He said too often these relationships appear to influence the outcome of zone changes, which have created a patchwork of mismatched classifications across Rotterdam. “While the degree of relationship does not necessarily create a conflict of interest on the part of the deciding official, it is sometimes a factor and can be an inappropriate influence,” he said. “Frequently, these relationships are not fully known or disclosed to the affected public at large and they need to be.” The disclosure wouldn’t prevent any town official from voting on a zone change, according to the draft law. Rather it would provide a public record of the applicant’s connections to the board members that would ultimately be deciding the fate of their proposal. Parisi referred to the upcoming vote on Sync Realty’s zone change request for the former Rotterdam Housing Area as an example. The company is represented by attorney Andrew Brick, who also represented four of the newly elected Town Board members before they took office in January; he also served as town attorney under John Paolino’s administration and has since represented Rotterdam in other matters. Sync also contributed $1,000 to Revitalize Rotterdam, the fundraising committee for a mixed slate of Conservative and Democratic Town Board candidates that won election in 2009. Johnny Zhang, Sync’s resident superintendent of the complex, also attended at least one of Revitalize Rotterdam’s campaign mixers before the election in November. Parisi intends to distribute the law to other board members later this week in the hope of discussing it during next week’s meeting. But when contacted about the law’s intent, Supervisor Frank Del Gallo was already skeptical about supporting it.............>>>>>.................>>>>...........http://www.dailygazette.net/De.....r01401&AppName=1
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.
I have to think more on this proposal. Although it sounds great in theory, it would appear to me that in this small town, 'everyone' knows 'somebody'. The jury isn't in on this one yet.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Bumble, what is there to think about? Whether you have any unsavory connections you wouldn't want to make public? I think this is a great idea! Yes, it's true in a small town a lot of people know each other--but shouldn't the public have the right to know what these connections are? Isn't that going to bring us 1 step closer to a transparent open government without the usual cronyism and nepotism found in Rotterdam? FDG's quote that half the Town would need to list him on a disclosure is EXACTLY the reason we need this law! It's about damn time the people of the Town have information surrounding the connections all these people have. Frankly, I'm sick and tired of the same old crap day in and day out and I welcome any possible way to curtail politics as usual.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
What if the person doesn't fully disclose their relationships on the app.? What is the penalty? Is the government going to investigate and validate the relationships with the applicant on the zoning change application? Isn't it the responsibility of the minority party to unveil these relationships if they are indeed a problem?
The unfortunate thing is the people of Rotterdam ARE aware of these relationships. They are just too stupid to see the long term negative impact on the town because of these relationships. And no law is going to fix that. Like Ron White says “you can’t fix stupid”. Proposing this law is a silly.
It seems to me that 'everyone' will have to have their zoning requests notarized. And cicero had a good point.....how is this enforced and what is the penalty? Who will be the 'overseer' so to say? Will the fox be watching the hen house?
Are we going to do the same thing in the town clerk's office? Who is overseeing the notaries there? What if the town clerk is notarizing for friends and family? And I'm not referring this to EE......what about 5, 10, 15 years from now.
Hey, I'm all for transparency....I'm just still trying to see the benefit. Sorry, but the jury is still out for me as of right now.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Bumble, if you were for transparency, instead of just being in favor saying you are in favor of transparency to help you get votes, you'd see the benefit. It's time to end the goombah Rotterdam mentality and make our government work for us!
Bumble, if you were for transparency, instead of just being in favor saying you are in favor of transparency to help you get votes, you'd see the benefit. It's time to end the goombah Rotterdam mentality and make our government work for us!
Like I said....the jury is still out for me. Again....great idea in theory....again.....how will this be enforced?.....Again.....who or what committee will be responsible for it's oversite?.............Again.....what are the penalties?
I need more info. Is that so difficult to comprehend?
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Bumble, I'm no lawyer but the article the Admin posted written by Sean Ahearn seems to lay this out. Doesn't it seem like it would be carried out by the zoning board with the help of the ethics board? If the document has to be notarized, wouldn't the penalty be whatever the penalty is for perjury?
I think this is a good idea, but I question whether GP went far enough...Why not make this applicable to everything, why just Rezone applications? I realize there have recently been issues with certain rezone applications and that is likely the reason. But why should we wait for problems to arise in future types of applications before making these disclosure requirements applicable? I say cut the goombah mentality across the board, for all applications brought to the town!
You guys talking about enforcement, I think the only enforcement issue is that the person complies. This seems to be about open information not actually determining rezone applications on the disclosure form. I think the public would be amazed by the amount of connections everyone in town has, and it will open some eyes. Maybe this will have the affect of bringing concerned residents, without baggage, to want to run for office to end this nonsense. That would be a great thing, and I hope it happens. We need more honest people up there. What's so bad about half the town having to put FDG on a disclosure? I think Franny just wants to hide his business activities. Why?
Penalty....everyone in this town already knows that everyone knows 'somebody'. It doesn't take a rocket scientist to figure that one out. Sorry, I'm not wrapping my brain around this one yet....perhaps in time.
What is the penalty for an attorney who represents those that should be considered a conflict of interest? (Brick?)
More than zoning approvals for friends, what about town jobs slotted for friends, business associates, political supporters or family members? How 'bout the pay increases for town jobs for friends, business associates, political supporter or family members?
What exactly does the Ethics committee do?
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
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