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2005-07-28 SPM07/28/2005.SPM 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 0 07/28/2005.SPM 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 2 07/28/2005.SPM 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 3