Poughkeepsie Common Council approves hiring one outside attorney

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Council 'virtual' meeting using Zoom. Provided by Sarah Salem.

POUGHKEEPSIE – In March, the Poughkeepsie Common Council voted on a resolution to hire two outside attorneys to review two ongoing projects in the city.  That attempt was vetoed by Mayor Rob Rolison.  On Monday night, the council voted unanimously to hire one attorney for the purpose of consulting the lawmakers on the DeLaval project on the city’s waterfront.

The developer, Bonura Hospitality Group, had an agreement to remediate the contaminated parcel that is immediately south of their Shadows and Grandview facilities on the city’s waterfront.  The project, known as the Poughkeepsie Landing, has been discussed and debated for nearly 15 years, with changes made by both Bonura and the city, causing substantial delays.  

In the past few years, the common council had paid outside counsel Warren Replansky to act as a consultant on the project.  Monday’s meeting resulted in the council hiring attorney David Gordon to resume Replansky’s role.  Replansky is ‘of counsel’ to Gordon’s firm.  Gordon will be billing the city $185 per hour plus expenses for his work.

Rolison had recently asked all departments to find ways to cut 15 percent from their current budgets to soften the blow of lost revenues resulting from the COVID-19 pandemic.  Initial reviews indicate that the city will lose at least $5.5 million in anticipated revenues.  Councilman Matt McNamara referenced that when discussing the hiring of Gordon.  “We need to be very thrifty in this cost analysis,” McNamara said, noting that other departments have been asked to reduce spending.  The 2020 budget included $75,000 for the council to hire outside consultants, including this attorney.

Councilman Evan Menist represents the city’s 2nd ward where this proposed project is situated and said that the hiring of Gordon is “incredibly important” in order to “get this right,” and avoid opening up the city to possible litigation from opponents of the proposed multi-use development that includes housing, retail, office space, and recreational activities that will be open to the public.

Rendering of the Poughkeepsie Landing project with Shadows Marina in the foreground.

 

Council Chair Sarah Salem indicated that the development of the parcel is “pivotal in the City of Poughkeepsie’s growth,” and the sentiment was echoed by Councilwoman Sarah Brannen who stressed the need for the property to be “productive.”

The resolution to hire attorney Gordon included the statement “David Gordon and his firm have substantial experience representing clients, including municipalities, on environmental and land use matters in the Hudson Valley and on the Hudson River.”  The hiring was unanimously approved, without input from Councilman Chris Petsas, who was having audio issues during the video-meeting.  Long after the vote, with audio issues corrected, Petsas questioned the lack of public access to the parcel that is owned by the city.  Asked why fishermen were unable to access the site due to a fence and locked gate, the city’s attorney Paul Ackerman, said that the site is not safe for public access.  According to Ackerman, the environmental concerns were remediated by Bonura, resulting in a parcel covered in gravel and item 4 in anticipation of future building construction.  Ackerman continued to explain the lack of access by noting that in its current condition, the site is not ADA compliant and is basically a construction site that is “not safe” for public use.

After the council approved the agreement with Gordon, Rolison said, “This is a council prerogative and they have funds to do so. With this additional legal assistance, my hope is that the development of the southern waterfront moves forward.”




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