2005-097a
RESOLUTION NO. 2005-097
IN SUPPORT OF CLEAN WATER PROTECTIONIFLOOD PROTECTION
L' ACT
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess
County, New York, held at Town Hail, 20 1V iddlebush Road, Wappingers Falls, New
York, on the 5'h day of July, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll
being called, the following were present:
by
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Affmw I I
Maureen McCarthy
The following Resolution was introduced by Mr . Valdati
Mr. Paoloni
and seconded
WHEREAS, as set forth in the state Freshwater Wetlands Act (Environmental
Conservation Law, Art. 24): the "freshwater wetlands of the state of New York are
invaluable resources for flood, protection, wildlife habitat, open space and water
resources;'
Whereas,
as set forth in the State Freshwater Wetlands Act (Environmental
Conservation Law, Art. 24): Any loss freshwater wetlands deprives the people of the
multiple benefits to be derived from wetlands, to wit:
state of some or
(a)
all of the many and
flood and storm control by the hydrologic absorption and storage
capacity of freshwater wetlands;
(b)
wildlife habitat by providing breeding, nesting and feeding grounds
and cover for many forms of wildlife, wildfowl and shorebirds,
including migratory wildfowl and rare species such as the bald eagle
(c)
and osprey;
protection of subsurface water resources and provision for valuable
watersheds and recharging ground water supplies;
(d)
recreation by providing areas for hunting, fishing, boating, hiking, bird
watching, photography, camping and other uses;
(e)
pollution treatment by serving as biological and chemical oxidation
(f)
basins;
erosion control by serving as sedimentation areas and filtering basins,
absorbing silt and organic matter protecting channels and harbors;
(g)
education and scientific research by providing readily accessible
outdoor bio -physical laboratories, living classrooms and vast training
and education resources; and
(h)
open space and aesthetic appreciation by providing often the only
remaining open areas along crowded river fronts and coastal Great
(i)
Lakes regions; and
sources of nutrients in freshwater food cycles and nursery grounds and
sanctuaries for freshwater fish.
WHEREAS, the U.S. Geological Survey estimated that, as of 1980, New York
State already had lost 60% of its wetlands;
WHEREAS, the state Freshwater Wetlands Act protects only wetlands that are
12.4 acres or larger, or those that have been specially designated as being of unusual local
importance, and relies on the U.S. Army Corps of Engineers (ACOS) to protect the vast
majority of wetlands under 12.4 acres;
WHEREAS, as a result of changes in federal policy, so-called "isolated"
wetlands are no longer afforded federal protection;
WHEREAS, the 12.4 acre size threshold in current state law coupled with the
loss of federal protection for many smaller wetlands has created a regulatory gap, leaving
an estimated tens of thousands of wetlands in New York without any regulatory
protection;
WHEREAS, New York is the only state in the Northeast that uses wetland size as
a threshold criteria for wetland regulation;
WHEREAS, the Town of Wappinger recognizes the valuable functions
freshwater wetlands perform for Town of Wappinger including maintaining water
quality, preventing flooding, and providing critical habitat; and
WHEREAS, the Clean Water Protection/Flood Prevention Act (A.2048/S.2081)
gives greater protection to New York's freshwater wetlands by reducing the size
threshold for state jurisdiction to one acre and streamlining the wetland mapping process.
NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town
Board requests that the New York State Legislature enact the Clean Water
Protection/Flood Prevention Act (A.2048/S.2081).
BE IT FURTSER RESOLVED, that a copy of this Resolution be sent to
Assemblyman Joel Miller, Senator Stephen Saland, Senator Bruno, Speaker Silver, and
Governor Pataki.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Ave
ROBERT L. VALDATI, Councilmember Voting
Aye
VINCENT F. BETTINA, Councilmember Voting Aye
JOSEPH P. PAOLONI, Councilmember Voting
Aye
MAUREEN MCCARTHY, Councilmember Voting Aye
Dated: Wappingers Falls, New York
July 5, 2005
The Resolution is hereby duly declared adopted.
• iC. ON, •