Town Board, 10-23-2012
TJ Muldoon, the applicant for this development plan that received a rezoning in 2011, still owes approximately $21,000 in SEQRA fees based on last year’s review of his rezoning application. The money is owned to Wormser Kiley, the law firm that represented the Town during the rezoning process. The rezoning application included a provision that the fees had to be paid before the applicant could submit a site plan or subdivision plan to the Planning Board.
According to Planning Director Tegeder, the applicant is now ready to come before the Planning Board, and in an email to the Town requested an audit of the unpaid bills and said he wanted to talk to the Town Board about the fees.Supervisor Grace said that the problem stemmed from the initial agreement between the applicant and Wormser Kiley that had different rates for the firm’s work and that there wasn’t enough escrow money to pay the attorney.He wanted the Board to approve a budget transfer that would pay the attorney, saying that the Town couldn’t go back to the developer to ask for the money.He said that even though the requirement to pay the fees before the application could proceed was in the approval resolution, that that didn’t make the requirement legal.
Councilman Bianco said that the Board shouldn’t talk to the developer until the check arrived, and Councilman Murphy said that it was time to pay the attorney’s bills and “move on.”
When it was clear that the Board would not vote for the budget transfer, Supervisor Grace said he would tell the law firm that the Town is still “working on it” and that it would be up to the firm if it wanted to sue the Town.