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A Special Meeting of the Town Board of the Town of Wappinger was held on
July 28, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New
York. Supervisor Ruggiero opened the meeting at 7:38 p.m. The purpose of
the Special Meeting is to Authorize the Appointment of an Attorney to
Represent the Town's Interest in Connection with the Wetland Disturbance
Permit Requested by Cranberry Hills Association.
Present: — --
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
John C. Masterson, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Absent:
Vincent Bettina, Councilman
Supervisor Ruggiero announced that the town received a notice of complete
application from the DEC for the Cranberry property. What this means is
that Cranberry has submitted all its forms for the DEC in order to get the
Wet Lands permit. DEC sent a letter to the Town Hall stating that it had
until August 5th to comment on the plana The town was surprised that it
received a notice of complete application because there were a significant
number of deficiencies. The town contacted an environmental attorney
whose partner is the former first commissioner of the DEC under Hugh
Carey and Mario Cuomo. They reviewed the documents and are seeking an
extension for the town and then we are going to ask for a full blown
judicatory hearing. Jay Paggi, Engineer to the Town went over the map of
the project as it stands today. We are now going for public scrutiny and
review by a technical staff and have 60 days for the DEC to make a
determination of whether or not to go to a judicatory hearing. If they don't go
to a judicatory hearing then they have to make a decision within ninety days.
Discussion followed.
At this time 7:45 p.m., Councilman Paoloni moved to go into Executive
Session to discuss this further, seconded by Councilwoman McCarthy and
unanimously carried.
The meeting reconvened from Executive Session at 8:20 p.m. with all board
members in attendance except Councilman Bettina.
RESOLUTION NO. 2005-106
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RESOLUTION AUTHORIZING APPOINTMENT OF ATTORNEY TO
REPRESENT THE TOWN'S INTEREST IN CONNECTION WITH THE
WETLANDS DISTURBANCE PERMIT REQUESTED BY CRANBERRY
HILLS ASSOCIATES
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, Cranberry Hills Associates ("Cranberry"), received Conditional
Preliminary Subdivision Approval from the Town of Wappinger Planning
Board on October 21, 2002; and
WHEREAS, to construct the subdivision as proposed, the applicant will be
required to disturb both Federal Wetlands, New York State designated
Wetlands and buffer areas and obtain New York State Stream Crossing
Permits, which permits are issued by the New York State Department of
Environmental Conservation and/or the Army Corps of Engineers; and
WHEREAS, Fortune Home Builders, LLC, apparently on behalf of
Cranberry, has submitted an application to the New York State Department
of Environmental Conservation ("NYSDEC") for such Wetlands and Stream
Disturbance Permits and by letter dated July 11, 2005 NYSDEC notified
Fortune Home Builders, LLC and the Town that NYSDEC considered the
application complete for review; and
WHEREAS, because of the numerous disturbances to both State and Federal
Wetlands and State Wetlands Buffers, the Town Board wishes to ensure
Cranberry's compliance with applicable statutes, laws, rules and regulations
regarding State and Federal Wetlands; and
WHEREAS, the Law firm of Carter, Ledyard & Milburn, LLP, 2 Wall Street,
New York, New York 10005, has established and documented experience
with the statutes, laws, rules and regulations applicable to the issuance of
Wetland and Stream Disturbance Permits and the Town Board seeks to
retain said firm to represent the Town to ensure that Cranberry and/or
Fortune Builders, LLC complies with said statutes, laws, rules and
regulations;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if
fully set forth and adopted herein.
2. Supervisor Joseph Ruggiero be, and hereby is, authorized and directed
to retain the firm of Carter Ledyard and Milburn, LLP, 2 Wall Street,
New York, New York 10005, to represent the Town's interests in the
matter of the Application to the NYSDEC for Freshwater Wetlands
Disturbance Permits, Stream Disturbance Permits, and Clean Water
Act Water Quality Permits, to ensure compliance by Fortune Home
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Builders, LLC and/or Cranberry with applicable statues, laws, rules
and regulations applicable to designated Wetlands, Streams, Wetland
Buffers and the environment within New York State.
3. The firm of Carter Ledyard and Milburn, LLP shall also be authorized
to intervene on behalf of the Town in any application to the Army
Corps of Engineers for any permit causing disturbance to any
designated Federal Wetlands associated with said project.
4. The firm of Carter Ledyard and Milburn, LLP shall be compensated at
the rate not to exceed $540.00 per hour for senior partners, which is
the firm's regular billing rate less ten percent; junior partners and
associates will be billed at the firm's regular hourly rate less ten
percent. Said firm shall also be reimbursed for any costs and
disbursements it incurs in connection with said proceedings. Any
requests for payments pursuant to this Resolution shall be set forth in
assigned itemized voucher to be submitted to the Town Board to the
Town of Wappinger for its review, audit and approval.
5. The firm of Carter Ledyard and Milburn, LLP shall also be authorized
to hire any consultants as said firm recommends and deems necessary
for the proper representation of the Town's interests in said
proceedings; any consultants to be retained shall first receive the
additional approval of the Town Board upon written recommendation
by Carter Ledyard and Milburn, LLP.
6. This Resolution shall take effect immediately and shall be retroactive
to July 19, 2005.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
There was no further business to come before the Board.
Councilwoman McCarthy moved to close the meeting, seconded by
Councilman Valdati and unanimously carried.
The meeting adjourned at 8:21 p.m.
J
c_,
John C. Ma terson
Town Clerk
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