Saveeg Suit

STATE OF NEW YORK
SUPREME COURT: COUNTY OF RENSSELAER

SAVE EAST GREENBUSH, INC., DWIGHT JENKINS,
JENNIFER JENKINS, ELIZABETH A. WADE,
DONALD A. JOHNSON
-against-
Petitioners, NOTICE OF PETITION
Index No. "'1
TOWN BOARD OF THE TOWN OF EAST
GREENBUSH, NEW YORK STATE GAMING
COMMISSION, CHURCHILL DOWNS, INC.,
SARATOGA GAMING AND RACEWAY, LAD ENTERPRISES, LLC
GREENBUSH GB ASSOCIATES, LLC
Respondents.
To the above-named Respondents:
PLEASE TAKE NOTICE THAT, upon the annexed verified petition sworn to June
r-
2014 and upon the exhibits attached thereto, an application will be made on the!t' day of August,
2014 at 9:30 a.m., or as soon thereafter as counsel can be heard, to the Supreme Court, Rensselaer
County, State ofNew York, for a judgment pursuant to CPLR Article 78 annulling the Respondent
Town Board's resolution in support of the Respondents Churchill Downs, Inc. and Saratoga
Gaming and Raceway locating a casino on the real property located at Thompson Hill Road, Town
of East Greenbush, County of Rensselaer, because said resolution was adopted at a public meeting
held in violation of the NYS Open Meetings Law; was adopted without having undergone any
environmental review as required under the NY State Environmental Quality Review Act; and was
1
Meyer & Fuller, PLLC
161 Ottawa Street
Lake George, New York 12845
www.meyerfuller.com
iJI0JetLI r ;i UiJJ.:1

d6:O trOl
i
9E unr

P<:i/\! a:'i'iI;;j
arbitrary and capricious, an abuse of discretion, an error of law; and for such other and further
relief as to this Court may seemjust, equitable and proper.
Pursuant to CPLR 7804, all answering papers are to be served on the undersigned at least
five (5) days prior to the return date hereof.
The venue of this proceeding is the Supreme Court ofthe State of New York in and for the
County ofRensselaer. The basis of such venue is the situs ofthe propelty and the principal office
of Respondent Town Board of the Town of East Greenbush.
Dated: June 22014
MEYER & FULLER, PLLC
Attorneys for Petitioners
By:
yer, Esq.
16 awa Street
518.668.2199
2
161 Ottawa Street
www.meyerfuller.com
STATE OF NEW YORK
DONALD A. JOHNSON
-against-
Petitioners, VERIFFIED PETITION
Index No. Z't 7!?y
GREENBUSH OR ASSOCIATES, LLC
Respondent.
The petitioner, Save East Greenbush, Inc., by their attorneys Meyer & Fuller, PLLC,
Jeffrey R. Meyer, Esq., counsel, as and for the petition and complaint herein, respectfully set forth
and allege, upon infonnation and belief as follows:
SUMMARY OF PROCEEDING
1. This petition and complaint is brought pursuant to Article 78 of the Civil Practice
Law and Rules of the State ofNew York to challenge a certain detennination ofthe Town Board
of the Town of East Greenbush (hereafter the "Town Board") to adopt a resolution in support of
the Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway locating a casino on
certain real property located at Thompson Hill Road, Town of East Greenbush, County of
Rensselaer, because said resolution was adopted at a public meeting held in violation of the NYS
3
161 Ottawa Street
www.meyerfuller.com
utOJBj,J r :iULiJ;l

d6s:O unr
"O! -HO s;p",n
PBI\! B:'CjI.:!
Open Meetings Law; was adopted without having undergone any environmental reVIew as
required under the NY State Environmental Quality Review Act; and was therefore arbitrary and
capricious, an abuse of discretion, an error oflaw.
2. Respondents Churchill Downs Inc., and Saratoga Gaming and Raceway are
proposing to construct a gaming casino located on those certain parcels ofland on Thompson Hill
Road, Town of East Greenbush, Rensselaer County, containing tax map numbers: 144.00-4-41.1,
144.00-4-31, 145.00-1-1.1, 144.20-1 in its entirety (the "Casino Site").
3. Respondents LAD Enterprises, LLC and Greenbush GB Associates, LLC are the
owners of the Casino Site. Said property owners are named inasmuch as Respondents Churchill
Downs Inc. and/or Saratoga Gaming and Raceway may have certain contracts or options to
purchase the Casino Site.
4. In order to apply for a gaming license with the Respondent NYS Gaming
Commission, the Respondents Churchill Downs, Inc., and Saratoga Gaming and Raceway were
required to obtain a site specific resolution of support from the host community pursuant to section
1320 of the Upstate New York Gaming Economic Development Act of2013 (the "NYUGEDA")
5. In furtherance of obtaining the requisite license to operate a casino at the Casino
Site, the Respondents Churchill Downs Inc., Saratoga Gaming and Raceway, and their lobbyists
and representatives met privately with the Respondent Town Board to coordinate and ensure the
necessary resolution of support was duly adopted.
6. On June 12, 2014, in a room that was insufficient to accommodate the public,
without deliberation, and without any consideration of the potential impact of the action, the
Respondent Town Board adopted a resolution in support of locating a casino at the proposed
Casino Site. A copy ofthe resolution is attached as Exhibit A.
4
161 Ottawa Street
www.meyerfuller.com
THE PARTIES
7. The Petitioners Save East Greenbush, Inc., are a domestic not for profit corporation
organized and operating under the laws of the State of New York.
8. Dwight Jenkins and Jennifer Jenkins are members of Save East Greenbush, Inc.
residing at 41 Thompson Hill Road, Town of East Greenbush, County of Rensselaer, New York.
Petitioners Mr. and Mrs. Jenkins have standing because their property and home, located on
Thompson Hill Road, adjoin the Casino Site, and therefore they stand to suffer recognizable harm
to their property values, quality of living and additional impacts associated with the siting of the
casmo.
9. Elizabeth A. Wade is a member and director of Save East Greenbush, Inc. owning
property on 1550 Best Road, Town of East Greenbush, County of Rensselaer, New York.
Petitioner Wade has standing because she is a taxpayer of the Town of East Greenbush and was
not allowed to enter the special meeting on June 12,2014.
10. Donald A. Johnson is a member and director of Save East Greenbush, Inc. residing
at 41 Berkshire Drive, Town of East Greenbush, County of Rensselaer, New York. Petitioner
Johnson is a resident and taxpayer of the Town of East Greenbush.
11. Upon information and belief, Respondent New York State Gaming Commission is
a duly designated body of the State of New York, created under Chapter 60 of the Laws of2012,
as part of the 201212013 Enacted State Budget.
12. Upon information and belief, Respondents Town Board of the Town of East
Greenbush is a municipal corporation formed under the laws of the State of New York, located in
Rensselaer County.
13. Upon information and belief, Respondent Churchill Downs, Inc., is a foreign
corporation authorized to do business in New York State, is in the process of applying for a gaming
license to operate a casino in New York State, and has requested the Town of East Greenbush to
5
161 Ottawa Street
www.meyerfuller.com
adopt a resolution in support of locating a casino on Thompson Hill Road, in the Town of East
Greenbush, County of Rensselaer, State of New York.
14. Upon infonnation and belief that Saratoga Gaming and Raceway is a domestic
corporation doing business in New York State and has requested the Town of East Greenbush to
adopt a resolution in support of locating a casino on Thompson Hill Road, in the Town of East
Greenbush, County of Rensselaer, State of New York.
VENUE
15. Venue of this proceeding properly lies in Rensselaer County because the Town of
East Greenbush is located in said county, and the Casino Site, which is the subject of this
proceeding is located therein. In addition, the Petitioners and Respondent Town Board are all
located in Rensselaer County.
BACKGROUND
16. Respondents Churchill Downs Inc., Saratoga Gaming and Raceway, their lobbyists
and representatives met privately with the Respondent Town Board and other town officials with
the expressed purpose oflocating a casino in the Town ofEast Greenbush (hereafter "Town"), and
more specifically locating a casino on property located along Thompson Hill Road, Town of East
Greenbush, Rensselaer County containing tax map numbers: 144.00-4-41.1, 144.00-4-31, 145.00-
1-1.1, 144.20-1 in its entirety (the "Casino Site").
17. The Respondents Churchill Downs, Inc., Saratoga Gaming and Raceway, and
Town Board in these private meetings fonnulated and designed a plan for marketing, gaining
support and the development of the Casino Site. A complete copy of the Freedom of Information
Law response with notes from these meetings is attached as Exhibit B.
18. As a part of these private meetings, Respondents Churchill Downs, Inc., Saratoga
Gaming and Raceway, and Town Board had private conversations with Mr. Brad Fischer, the
6
161 Ottawa Street
www.meyerfuller.com
Director ofPolicy Development and External Affairs at the Respondent NYS Gaming ~ o s s o n
in order to discern the precise language that would be necessary for adopting the requisite
resolution of support. See page 14 of the attached Exhibit B.
19. Respondent NYS Gaming Commission regulates permissible contacts for the
gaming license application process, being Gail P. Thorpe, Supervisor of Contract Administration
or Stacey Relation, Contract Management Specialist. Any contact with Mr. Brad Fischer is an
illegal ex parte communication that should mandate immediate dismissal of any application
submitted to the Respondent NYS Gaming Commission by the Respondent Churchill Downs, Inc.
or the Respondent Saratoga Gaming and Raceway, or locate any proposed casino within the
1
jurisdiction ofthe Respondent Town Board.
20. Part of the discussion as noted from the notes from said meeting was a deliberate
and calculated attempt to manipulate the Open Meetings Law by having members and
representatives of Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway meet
independently with individual Town Board members so as to not meet with a quorum of the Town
Board.
21. Respondent Town Board held a special meeting on June 12,2014 at 4:30 P.M. at
Town Hall, 225 Columbia Turnpike, Rensselaer, NY 12144 to consider a site specific resolution
for a casino in the Town of East Greenbush (the "Special Meeting").
22. At approximately 4:15 P.M., on June 12, 2014, prior to the opening of the Special
Meeting, Joseph Cherubino, the Building Inspector for the Town of East Greenbush, announced
who he was, that the meeting room was at capacity, and that no additional people would be allowed
to enter the room, unless persons left. See Affidavit of Donald A. Johnson attached as Exhibit C.
23. When the Special Meeting was opened at 4:30 P.M. on June 12, 2014, there were
scores of people that were not able to enter the meeting room or the building, including but not
limited to Elizabeth A. Wade, a member and director of Save East Greenbush, Inc. See Affidavit
of Elizabeth A. Wade attached as Exhibit D.
7
161 Ottawa Street
www.meyerfuller.com
24. The Special Meeting was conducted without any accommodations for those persons
not pennitted to enter the meeting room or building thereby prohibiting a large percentage of the
public from attending, witnessing, or observing the meeting, the deliberations, or any resolutions
adopted therein.
25. The Special Meeting, due to the number of persons in attendance, did not provide
adequate handicap accessibility for the public preventing handicap citizens from attending,
listening, and observing the meeting, deliberations, and any resolutions that were adopted therein.
26. At the Special Meeting, the Respondent Town Board adopted resolution 85-2014
wherein the Town Board agreed to the location of a gaming facility on Thompson Hill Road in the
Town of East Greenbush. A complete copy of the minutes from the Special Meeting is attached
as Exhibit A.
AS AND FOR A FIRST CAUSE OF ACTION
27. Petitioner repeats the arguments contained in paragraphs 1 through 26 above as if
fully set forth herein.
28. The Respondent Town Board conducted the Special Meeting without making
reasonable efforts to ensure that the meeting was held in an appropriate facility that could
accommodate the members of the public that wished to attend in accordance with NYS Public
Officers Law 103.
29. The Respondent Town Board had previously held one meeting where the Casino
Site was actually discussed and this meeting was held at a local school, which could accommodate
the large numbers that were expected to attend.
30. The Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway, also
held a public forum to discuss their vision for a proposed casino on Thompson Hill Road, this
meeting was also held at a local school, which could accommodate the large numbers that were
expected to attend.
8
161 Ottawa Stteet
www.meyerfuller.com
31. The Respondent Town Board decided to hold the Special Meeting strictly for
adopting the site specific resolution in support of locating the casino on Thompson Hill Road, and
proceeded to set the time and location of the Special Meeting, being the community room at the
Town Hall which can only accommodate a small fraction of the number of people that attended
the previous meetings.
32. Prior to the Special Meeting even starting, by announcement of the Town Building
Inspector, the Respondent Town Board was on notice that as a result ofthe large turnout, members
of the public would not be allowed to attend, listen, or observe the meeting. See Affidavit of
Donald A. Johnson, Exhibit C.
33. Furthermore, the Respondent Town Board was advised by numerous members of
the public that the location did not accommodate the members of the public, that there were no
less than eighty six members of the public who were denied access and the ability to listen, or
observe the proceedings, including Elizabeth A. Wade. See Affidavit of Elizabeth A. Wade,
Exhibit D.
34. Despite having been put on notice numerous times that the facility was clearly
inadequate, including fifteen minutes prior to the start of the Special Meeting, the Respondent
Town Board made absolutely no efforts to accommodate the members of the public, but instead
chose to conduct the Special Meeting regardless. The Respondent Town Board did not seek to
relocate the meeting, nor did they seek to provide live audio or visual feeds to provide a manner
in which the members of the public could listen and/or observe the meeting.
35. Beginning with the private meetings being held between the Respondent Churchill
Downs, Inc., Saratoga Gaming and Raceway, and the Town Board, members of the public have
been routinely and deliberately excluded from the process. The Respondent Town Board sought
legal advice from town attorney David Gruenberg, Esq. (Dave G) to research whether these private
meetings could be held as part of an executive session or whether the Respondents would have to
9
161 Ottawa Street
www.meyerfuller.com
meet with each member of the Town Board separately. See page 7 of Exhibit B. See also pages
15-22 of Exhibit B.
36. The stated purpose ofthe NYS Open Meetings Law, codified as section 100 of the
NYS Public Officers Law, states that "It is essential to the maintenance of a democratic society
that the public business be performed in an open and public manner and that the citizens of this
state be fully aware of and able to observe the performance ofpublic officials and attend and listen.
to the deliberations and decisions that go into the making of public policy."
37. The infonnation contained in Exhibit B supposedly details that deliberations
occurred among the Respondent Town Board and/or between the Respondent Churchill Downs,
Inc. and Saratoga Gaming and Raceway, but unfortunately, no one knows what actually what was
said at these meetings, what questions were asked, and what responses were provided. Members
of the public were specifically and intentionally excluded from these discussions.
38. The decision to allow casino gambling in a municipality and at a specific location
is a major policy decision and a dramatic shift in the policy ofthe State ofNew York and the Town
ofEast Greenbush. The Respondent Town Board made this decision in private at the behest of the
casino operator. Never at a public meeting did the Respondent Town Board deliberate the merits
of permitting a casino to locate in the Town of East Greenbush. Never at a public meeting did the
Respondent Town Board deliberate the merits oflocating a casino on Thompson Hill Road, Town
of East Greenbush, Rensselaer County.
39. The only, and extremely limited, information that is available about locating a
casino in East Greenbush was provided by Respondent Churchill Downs, Inc. and Saratoga
Gaming and Raceway, at their sponsored informational sessions. These meetings, one of which
was a duly noticed public meeting did not include any deliberations or questions from the
Respondent Town Board. The information disseminated was solely propaganda designed by the
Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway to gain public support and
further their stated public relations goals.
10
161 Ottawa Street
www.meyerfuller.com
"
40. The willful defiance of the mandates of section 103 of the NYS Public Officers
Law to make reasonable efforts that one, the appropriate facility was used and second, to ensure
that members ofthe public were provided reasonable accommodates for the public to attend, listen
and observe the Special Meeting is egregious and one that cannot be tolerated.
41. Pursuant to section 107 of the NYS Public Officers Law, the Respondent Town
Board has, as a matter of law, violated the NYS Open Meetings Law, requiring reversal and
annulment of resolution 85-2014 adopted by the Town Board at its Special Meeting held on June
12,2014, and award costs and reasonable attorney fees associated with this action.
AS AND FOR A SECOND CAUSE OF ACTION
42. Petitioner repeats and restates the allegations contained in paragraphs 1 through 41
above as iffully set forth herein.
43. Resolution 85-2014, adopted by the Town Board is an action that is subject to the
mandates of the State Environmental Quality Review Act (SEQRA), codified as Article 8 of the
NYS Environmental Conservation Law and the corresponding regulations found in 6 NYCRR
section 617. Pursuant thereto an action is defined as projects or physical activities that may affect
the environment by changing the use, including adoption of agency rules, procedures, and
resolutions that may affect the environment. See NYS Environmental Conservation Law 8-0105
(4), see also 6 NYCRR 617.2(b).
44. The intent behind SEQRA is clearly stated in the statute as requiring that "[s]ocial,
economic, and environmental factors be considered together in reaching decisions on proposed
activities". NYS Environmental Conservation Law 8-0103(7). Moreover, the intent contained
in the regulations expands upon this principal by stating "the basic purpose of SEQR is to
incorporate the consideration of environmental factors into the existing plamring, review and
decision-making processes of state, regional and local government agencies at the earliest possible
time. See 6 NYCRR 617.1(b) emphasis added.
11
161 Ottawa Street
www.meyerfuller.com
45. Despite having previously identified the Casino Site, the Respondents Churchill
Downs, Inc., and Saratoga Gaming and Raceway sought the endorsement ofthe Respondent Town
Board. At the request of the Respondents Churchill Downs Inc. and Saratoga Gaming and
Raceway, the Respondent Town Board adopted resolution 65-2014 on April 16, 2014, which was
a generic resolution in support of allowing presentations and proposals for casinos to be located in
the Town of East Greenbush. A copy of the minutes from the meeting, including the resolution is
attached as Exhibit E.
46. The Respondents Churchill Downs, Inc., and Saratoga Gaming and Raceway
hosted an infonnational meeting, open to the public, held on or about May 19, 2014 at Columbia
High School, 962 Luther Road, East Greenbush, where the Respondents presented sketch plans of
the proposed casino. This was not a meeting of the Respondent Town Board. Additionally, the
Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway presented at a public
hearing of the Respondent Town Board, held on June 4, 2014 at Genet Elementary School, 29
Englewood Avenue, East Greenbush, where the Respondents Churchill Downs, Inc. and Saratoga
Gaming and Raceway once again presented copies oftheir plans based upon locating the proposed
casino at the Casino Site. Moreover, the Respondents Churchill Downs, Inc. and Saratoga Gaming
and Raceway appeared before the Town of East Greenbush Planning Board for a pre-application
meeting on June 11,2014, to once again present their plans for the proposed casino.
47. The courts repeatedly hold that the primary purpose behind SEQRA is to inject
enviromnental considerations directly into govermnental decision making at the earliest possible
time. City Council of City of Watervliet v. Town Bd. of Town of Colonie, 3 N.Y.3d 508,515,
822 N.E.2d 339, 341 (2004).
48. The Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway at this
time have clearly identified the site of their proposed casino and have requested the Respondent
Town Board to adopt a resolution in support of locating a casino at the Casino Site, as the stated
12
161 Ottawa Street
www.meyerfuUer.com
purpose of the meetings held to date were to garner public support of the specific project plan for
the development.
49. Moreover, the sixth "Whereas" clause of the resolution committing the Town's
support of this casino project attached as Exhibit A, the Respondent Town Board explicitly states
that this resolution is a requirement of the Respondent NYS Gaming Commission. Absent the
Town Board adopting that resolution committing the Town Board to locate a casino at the Casino
site, the Respondents Churchill Downs, Inc. and Saratoga Gaming and Raceway cannot submit
their application for a gaming license.
50. Pursuant to the NYUGED an application for a casino license will not be considered
without the resolution of support from the host community. As a pre-requisite, it commits both
the municipality and the applicant to developing a casino at that specific location. Additionally,
based in part upon the resolution in support, the Respondents Churchill Downs, Inc. and Saratoga
Gaming and Raceway will submit the One Million Dollar ($1,000,000.00) application fee to New
York State and continue to make other financial commitments in reliance upon this resolution.
51. The only way to accomplish the stated intent of SEQRA is to assure that the
potential environmental, social and economic impacts of a proposed action are completed and
reviewed prior to any significant authorization being granted for a specific proposal. See Tri-Cnty.
Taxpayers Ass'n, Inc. v. Town Bd. of Town ofOueensbury, 55 N.Y.2d 41,47,432 N.E.2d 592,
594 (1982).
52. The proposed Casino Site, once made public on or about May 19,2014, when the
Respondents Churchill Downs Inc. and Saratoga Gaming and Raceway presented their designs,
and certainly upon the Respondent Town Board's public hearing held on June 4, 2014, when the
details of proposed casino were further revealed, thus triggering the requirements of the SEQRA,
as all future actions taken by state or local agencies would be based upon the specific project plan.
See City Council of City of Watervliet v. Town Bd. of Town of Colonie, at 519,822 N.E.2d 339,
344.
13
161 Ottawa Street
www.meyerfuller.com
53. In addition to committing the Respondents Churchill Downs Inc. and Saratoga
Gaming and Raceway, the Respondent Town Board is also now fully committed to take additional
actions. Pursuant to sections 2.6.3 and 2.9 ofthe Comprehensive Zoning Law ofthe Town of East
Greenbush, casinos, hotels, shopping centers, restaurants, and commercial activities are not
permitted uses within the R-B Residential Buffer District nor the Planned Development Districts
respectively.
54. Therefore, the Respondent Town Board would also need to fonnally amend their
Comprehensive Zoning Law as part ofthis action.
55. In response to finally seeing the details of the specific proposal, the Petitioner's
identified certain concerns relating to the potential social, economic, and environmental impact of
siting a casino on Thompson Hill Road and the Town of East Greenbush generally. The concerns
listed included, but were not limited to, impacts from: irreversibly converting land within an
Agricultural District; the presence of a wetland complex under the jurisdiction of the US Army
Corps of Engineers; the Casino Site being located on an aquifer; open space impacts; the impacts
on human health being in close proximity if not adjoining a private school, a girl scout camp, and
a high school; highway infrastructure that cannot accommodate existing traffic; wastewater
infrastructure that cannot accommodate existing capacity; and the fact the proposal is inconsistent
with the communities existing plans as officially adopted and referenced previously.
56. In reviewing the various impacts associated with this action, numerous involved
agencies must be notified, consulted with, and included in the process, including but not limited
to the NYS Department of Environmental Conservation, NYS Department of Health, NYS
Department of Transportation, US Army Corps of Engineers, US Department of Transportation,
and Rensselaer County Sewer District to name a few.
57. The Petitioners identified these specific concerns due to the sensitive location that
the Casino Site would be occupying and the clear potential impacts associated with the Respondent
Town Board adopting a site specific resolution in support oflocating the proposed casino.
14
161 Ottawa Street
www.rneyelfuller.com
58. In the site specific resolution adopted by the Town Board, it was resolved as
follows: "the Town of East Greenbush hereby agrees to the location of the gaming facility on
Thompson Hill Road in the Town of East Greenbush. See Exhibit A. This language is an explicit
agreement of the Town Board that commits both the Respondent Churchill Downs Inc. and
Saratoga Gaming and Raceway and the Respondent Town Board to utilizing this location without
even a cursory review of any potential environmental, social or economic impacts as required
under SEQRA.
59. Not only did the Respondent Town Board not perform any review prior to taking
action, what is equally blatant is the Respondent Town Board's misstatement of when SEQRA
would apply in their own resolution, i.e. "ifapproved by the Commission". See resolution attached
as Exhibit A.
60. The proposed action, being locating a casino at the Casino Site, includes all of the
various approvals, licenses, and authorizations that are inherent with and are ultimately required
to accomplish the project. The mandate follows that the potential environmental, social, and
economic impacts be considered early in the process so the subsequent decision and ultimate
license can take into account the considerations revealed as part of the environmental impact
revIew process.
61. It is uncertain when the Respondent Town Board would begin the SEQRA process.
The Respondents Churchill Downs Inc. and Saratoga Gaming and Raceway acknowledged at the
Town of East Greenbush Planning Board meeting held on June 11, 2014 that locating the casino,
the future development of the Casino Site, and that the Casino License is a Type 1 action under
SEQRA. Yet despite this information, the Planning Board deferred to the Town Board, the Town
Board did not commence any sort of environmental review, and took action through the adoption
ofthe site specific resolution.
62. By agreeing to the location of the gaming facility without first exploring any
environmental concerns raised by the action is in clear violation of SEQRA. Resolution 85-2014
15
Meyer & Fuller. PLLC
161 Ottawa Street
www.meyerfuller.com
should be annulled as a matter oflaw as the Respondent Town Board failed to comply with any of
the procedural and substantive requirements ofSEQRA and for failure to take a "hard look" at the
potential impacts under SEQRA.
WHEREFORE, Petitioner demands judgment against the Respondents annulling the June
12,2014 determination of the Town Board of the Town of East Greenbush adopted as resolution
85-2014, awarding Petitioners the costs and disbursements of this action including reasonable
attorneys fees, and for such other and further relief as to this Court seems just, equitable and proper.
DATED: June 201'1
Yours etc.,
R. yer, Esq.
eys for Petitioners
161 Ottawa Street
Lake George, NY 12845
518.668.2199
16
161 Ottawa Street
www.meyerfuller.com
VERIFICATION
STATE OF NEW YORK
COUNTY OF
Elizabeth A. Wade, being duly sworn, depose and says: I am a member and director of
SAVE EAST GREENBUSH, INC., the Petitioners named above; that I have read the foregoing
petition and reviewed same "II. ith m, elieftts and know the contents thereof; that the same is true of
based on my knowledge of the matter, except as to the matters stated to be alleged on information
and belief, and as to those matters I believe them to be true.
SAVE EAST GREENBUSH, INC.
By: Elizabeth A. Wade
Sworn to before me this
2014
JEFFREY R. MEYER
Notary Public, State of New York
Saratoga Co. #02ME6127679
CommIssion Expires May 31. 20Jf
17
161 Ottawa Street
www.meyerfuller.colll
EXHIBIT A
225 Columbia Turnpike, Rensselaer, NY 12144
SPECIAL TOWN BOARD MEETING AGENDA
!fuesday, June 12. 2 ~
Call to Order
Pledge to the Flag
Town Board Meeting:
4:30PM
Members of Town Board
Present
~
~
~
~
~
Absent
o Supervisor Langley
o Councilperson Mangold
o Councilperson Malone
o Councilperson DiMartino
o Councilperson Matters
Pledge to the Flag
Call to Order:
Special Meeting:
4:30PM
To consider a site specific resolution for a casino in the Town of East
Greenbush.
Linda Kennedy, Town Clerk read the following notice and stated that it was on the website, legal board
and the media notified:
Notice: The Town Board of the Town of East Greenbush has scheduled a Special Meeting to be held on
Thursday, June 12,2014 at 4:30 p.m. at the East Greenbush Town, 225 Columbia Turnpike, to consider
a site specific resolution for a casino in the Town ofEast Greenbush.
Supervisor Langley opened the public portion at 4:32pm.The supervisor stated that residents are limited
to two minutes each and remarks will end at 5:30 pm.
There were 32 residents that spoke against with the same concerns, children, to close to schools and in a
residential neighborhood.
There were 10 residents that spoke for stating the tax on the land alone will help the town financially.
Be this duly noted that the Town Clerk as received written complaints from the following and are on file
in the Clerk's Office: Jennifer Delgrosse, Laurraine Wiese, Christine Tierney and Conununity Gospel
Church.
Open portion closed at 5:40pm
TOWN OF EAST GREENBUSH
RESOLUTION 85-2014
Supporting the Location of a Gaming Facility in the Town of East Greenbush
WHEREAS. an application will be filed with the New York Gaming Conunission by a joint
venture of Saratoga Casino and Raceway and ChurchilJ Downs, Inc., for the location of a casino facility
on Thompson Hill Road in the Town of East Greenbush; and
WHEREAS, the law governing the establishment ofcasinos under the recent constitutional
amendment mandates a casino operator to make a substantial annual payment to the host community;
and
WHEREAS, in addition to a substantial host community fee, the casino facility will be required
to pay all ofthe required property taxes, school taxes and other real property tax levies, based upon the
assessed value ofthe property; and
WHEREAS, in addition to a sizable revenue source to the Town, a new casino facility would
create newjobs in the Town of East Greenbush, both in the construction of the facility, and in the
operation of the facility; and
WHEREAS, any such facility, if approved by the Commission, must still go through the
SEQRA process, with the Town being the lead agency; and
WHEREAS, the Commission has required the applicant to provide a resolution from the Town
Board in support of the location ofa casino facility; now, therefore,
BE IT RESOLVED, the Town Comptroller has certified that there is no adverse impact to the
Town [mances; now, therefore
BE IT FURTHER RESOLVED, that in furtherance of the above goals, the Town of East
Greenbush hereby agrees to the location of the gaming facility on Thompson Hill Road in the Town of
East Greenbush.'
The foregoing Resolution was duly moved by Supervisor Langley seconded by Councilperson
Malone and brought to a vote resulting as follows:
Supervisor Langley
Councilperson Malone
Councilperson Mangold
Councilperson DiMartino
Councilperson Matters
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
** the foUawing statements were read prior to the vote.
Councilperson Mangold prior to her vote Sue stated" we as a board are in a difficult position. Had we
had time to go through the normal channels for a development proposal; things would have moved along
differently, The fact is NYS voters approved Casino's, they are legal. The Casino operators have a time
table that they need to adhere to for licensing.
As I listen to the public I am hearing many ofthe same concerns both for and against. Many in the
Town are angry, frustrated and fearful of what a Casino will bring in to the area. That is understood.
Many others are excited at the potential ofhaving a major business coming in to Town that will provide
entertainment option, restaurants and shops.
It is our responsibility as a board to do all we can to continue to provide services and act in a fmancially
sound manner.
When 1 think about what I love about East Greenbush, I take a look at the activities going on just this
past month: In our schools we had PTO meetings, Field days for elementary students, High Honor
Awards for students, graduations, proms, concerts and many sporting events.
In Town we had a Spotlight on Youth Ceremony. We have day camp registration, Bocce ball leagues,
and music in the park will begin shortly.
I have attended the Memorial Day Parade to honor our Veterans, a golf outing for our EG PBA, a run for
life to help bring awareness to Domestic Violence and a torch run from the East Greenbush police
station to Albany city hall to raise money for NY Special Olympics.
All of these activities are what makes our community the wonderful place we know. All of these events
are going to continue whether or not we have a Casino.
We are a growing Community and have many challenges ahead. It has been difficult to attract any
business to East Greenbush over the past decade. Our taxes are high, our impact fees are high which
Prevent many small businesses to make a profit. We have an opportunity to give East Greenbush the
shot in the arm it needs for economic growth.
We have an opportunity to collect substantial impact fees, sales tax revenues, water/sewer fees. There
will be an opportunity to reduce our taxes. It will be the responsibility of this and future boards to act
responsible with the income. We have a community amenities plan which outlines many ofthe
opportunities we will be able to afford.
There is a quote by Charles Kettering that seems appropriate" The world hates change, yet it is the only
thing that has brought progress", 1hope we can move forward together in the fashion that continues to
make East Greenbush a wonderful place to live".
Councilperson DeMartino stated "I want everyone to know that I voted against the proposition in
November to allow gambling in New York State. I lost, so like it or not the casino is a reality.
For the past six months, since taking the oath of office, I have gathered infonnation based on the Town's
needs. As an elected official it is my responsibility to do what's in the best interest for East Greenbush
and the residents.
We have inherited millions in debt
Our property and school taxes are incredibly high
Our infrastructure, roads, buildings and equipment are in dire need of fIXing or replacing.
The 9 & 20 corridor is still a work in progress
I considered both the positives and negatives on how the casino would impact our community. I've
attended meetings, gathered and researched infonnation on casinos and read endless e-mails on a daily
basis. I also realize there are moral & ethical issues surrounding this casino and I want to make certain
there are safeguards put in place both fmancially and ethically to protect the residents of East
Greenbush.
The casino is a revenue driving force. They are a private industry using their own capital and it is not
financed by the taxpayers. With the prospect offinancial independence, we then have the opportunity to
reinvest in our community. The casino is also a source ofrevenue for people seeking fuII time
employment with benefits or those looking to supplement their incomes as part time employees.
There wiII be entertainment, restaurants, and shops built inside the casino. I also think this might bring
in some much needed business throughout the area. I feel the positives far outweigh the negatives and I
am voting yes on this resolution. The bottom line is -It's up to the State Gaming where these casinos
are being placed."
Councilperson Matters stated for the record ''The proposed casino has unfolded two very critical, yet
competing issues: I. Its social propriety within the town and 2, it financial impact on the town.
While a town-wide referendum on the proposed casino and its location would have been ideal for the
residents, the state did not give municipalities adequate time to conduct one. Legislation enacted by the
state last year, and subsequently approved by NYS voters last fall, set in motion a fast-tracked process in
which municipal boards, such as this one, were given a very tight window of opportunity in which to
make a very important decision. As vocal as opponents ofthe proposal have been, my observation of
sentiment in East Greenbush has been that residents are about split on the proposal, with each side
staking its position based essentially on one ofthe two issues previously noted. Therefore, the only
objective basis on which to gage public opinion on the proposal has been last fall's statewide
referendum which resulted in 52% of East Greenbush voters supporting casinos in New York. This is
not to suggest that the statewide referendum adequately captured an accurate onion of East Greenbush
residents on a site-specific casino in East Greenbush or even a casino generally located in East
Greenbush. Instead, it is, at best, only marginally reliable; however, it is essentially the only tool that
the state opted to give to localities as they wrestle with this decision.
As for the proposal's financial impact to the town, my assessment of this issue, and the weight that I
place on it, is heavily affected by the current state of the town's finances, which are improving day by
day but, still, six months into the new year, are in a precarious state. As I campaigned last fall, it
became woefully apparent that East Greenbush residents have been heavily burdened with taxes for too
many years now. Door after door, residents complained about the "sky- high" taxes they pay for
virtually nothing in return and about the depressed appearance of the town, particularly the "run-down"
look of Columbia Turnpike. Unfortunately, the fiscal mismanagement ofprior administration, which led
to millions of dollars of inter-fund borrowing debt, an embarrassing and worrisome junk-bond rating for
the town, underfunded budgets for essential infrastructure upgrades and expensive equipment purchases
that are necessary to maintain the town, the mysterious disappearance of funds due to illegitimate
stipend payouts worth hundreds of thousands of taxpayer dollars, and even the threat of bankruptcy as
predicted by financial analysts nationally, has made it virtually impossible to predict how long residents
may have to wait for the tax relief that is desperately needed for many and long overdue. Therefore, I
am compelled to rely on, minimally, a conservative interpretation ofthe revenue enhancement that has
been represented to the town, and view it as a much needed and positive impact to the town's finances
and, in tum, a benefit to the residents. I, therefore, support the resolution moved this afternoon.
ADJOURNMENT
Motion to adjourn by Councilperson Malone seconded by Supervisor Langley and brought to a vote as
follows:
Supervisor Langley
Respectfully submitted,
Linda Kennedy
Town Clerk
Meeting closed at 6:30 pm
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
EXHIBIT B
Page 1 ofl
Kim Carlock
From:
Date:
To:
Subject:
"Debbi II <cdfj3460@aol.com>
Thursday, June 05, 2014 11:!7 PM
<kcarlock@eastgreenbush.org>
Re: foil request
I have no documentation to send to you in regards to any of those entities.
Debbi
cdfj3460@ool.c:om ff
--Original Message----
From: Kim Carlock <kcarlock@eastgreenbush.org>
To: Deb DiMartino <ddimartino@eastgreenbushorg>; Keith Langley <klangley@eastgreenbush.org>, Linda Kennedy
<Ikennedy@eastgreenbush.org>. Mary Ann Matters <mamatters@eastgreenbush.org>; Sue Mangold
<smangold@eastgreenbush.org>; malone3155 <malone3155@yahoo.com>
Cc: David Gruenburg <dgruenbg@nycap.rr.com>
Sent. Wed, May 21,201410:57 am
SUbject: foil request
Good Morning,
I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the attached foil
and get back to me with any documentation that may pertain to this request. I need to have the documents
by May 29th. Please respond either way so I have proper documentation for Dave.
Thank You.
Kimberly Carlock,
Deputy Town Clerk
~ , . _ ~ . _ __'. '__"'_ ~ _ __.__, . . _ ~ . _-.. .._ _.-... _..A_ _._.. -.-._ _'"u__ ~ __.. __ _
, Attached Message
I From: Don Johnson <djohnso6@nycap:rr.com>
To: Linda Kennedy <Ikennedy@eastgreenbush.org>: Kim Carlock <kcarlock@easlgreenbush.org>
Cc; Keith Langley <klangley@eastgreenbush.org>; Mary Ann Malters <mamatters@venzon.net>; Deb DeMartino
<cdfj3460@aol.com>, smangold@eastgreenbush.org; pmalone@easlgreenbush.org; Ed Gilbert <edhesC@gmail.com>
SUbject: FOIL
i Date. Fri, 09 May 201415:26:51 0400 '
'-- .. -._ _._.'-" - _.. _ ..._--_ - ._.. "'-'" ---_.._--_.. -_.-_. -----_ _-.- .._ - ~ .._--_._ ,.!
Good afternoon:
Under the prOVisions of the Freedom of Information Law, I am requesting the following:
1) Any communications between Town Board members, Planning Board members, Town employees andlor
Town contractors and the following entities: Greenbush GB LLC, Greenbush Gaming GB LLC, The Village at
Thompson Hill, Platform Realty and the Saratoga Gaming and Raceway organization. This would include
letters, e-mails, notes from conversations and any documentation of contacts with these entities or persons.
2) Any materials which the Town Board used to educate itself regarding the impact of gambling casinos on local
communities prior to its vote on the casino resolution on April 16, 2014.
Thank you......
Don Johnson
East Greenbush
6/6/2014
Page 1 of 1
Kim Carlock
From:
Date:
To:
Subject:
"Mary Ann Matters" <mamatters@verizon.net>
Sunday, May 25, 2014 7:44 AM
<kcarlock@eastgreenbush.org>
Re: foil request
In response to Mr. Johnson's FOIL request, I have no documentation to contribute.
Mary Ann Matters
On 05/21/14, Kim Carlock<:kcarlock@eastgreenbush.org>wrote:
Good Morning,
I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the attached
foil and get back to me with any documentation that may pertain to this request. I need to have the
documents by May 29th. Please respond either way so r have proper documentation for Dave.
Thank You.
Kimberly Carlock,
Deputy Town Clerk
Good afternoon:
Under the provisions of the Freedom of Information law, I am requesting the following:
1) Any communications between Town Board members, Planning Board members. Town employees and/or Town
contractors and the following entities: Greenbush GB llC, Greenbush Gaming GB LLC, The Village at Thompson Hill.
Platform Realty and the Saratoga Gaming and Raceway organization. This would include letlers, e-mails, notes from
conversations and any documentation of contacts with these entities or persons.
2) Any materials which the Town Board used to educate itself regarding the impact of gambling casinos on local
communities prior to its vote on the casino resolution on April 16, 2014.
Thank you......
Don Johnson
East Greenbush
6/4/2014
Page 1 of 1
Kim Carlock
From:
Date:
To:
Subject:
"Sue Mangold" <smangold@eastgreenbush.org>
Wednesday, May21,2014 11:33 AM
'''Kim Carlock'" <kcarlock@easlgreenbush.org>
RE: foil request
Meeting Wjkeith on Fri May 9
th
is alii would have. I believe either Denise or Megan took notes.
Repsectfu\ly,
Sue
From: Kim Carlock [mailto:kcarlock@eastgreenbush.org]
sent: Wednesday, May 2.1,2014 10:58 AM
To: Deb DiMartino; Keith Langley; Linda Kennedy; Mary Ann Matters; Sue Mangold; malone3155@yahoo.com
CC: David Gruenburg
Subject: foil request
Good Morning,
I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the
attached foil and get back to me with any documentation that may pertain to this request. 1need to
have the documents by May 29th. Please respond either way so I have proper documentation for
Dave.
Thank You.
Kimberly Carlock,
Deputy Town Clerk
6/4/2014
Page 1 of 1
Kim Carlock
From:
Date:
To:
Subject:
<rnalone3155@yahoo.com>
Wednesday, May 21, 2014 11 :27 AM
"Kim Carlock" <kcarlock@eastgreenbush.org>
Re: foil request
Kim,
I have nothing to add.
Thanks
Phil
Sen/fi'om Iny 1'er;zol1 Wireless 4G LTE DROID
Kim Carlock <kcarlock@eastgreenbush.org> wrote:
Good Morning,
I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the
attached foil and get back to me with any documentation that may pertain to this request. I need to
have the documents by May 29th. Please respond either way so I have proper documentation for
Dave.
Thank You.
Kimberly Carlock,
Deputy Town Clerk
6/4/2014
JA\ . "."._.. _"., _ _, .. __ .. _. __".__ .. _ _ -..-.. .-
- - -..---- -..-. -- - --.- .-------- '-.----..---.- - "'-"'-'-'.--..' -' ._-_ ..
. WDtxcl .. _ .. __ .. ._.n _ __. .. _ __. ._ _. __. __
..ScOit.fid1K. __6flfi__ ___.._._ ,__.. -.-.. ... __ .__.__.. ...-.--
..J. \.A.Ji(l - -.. ------ ---.-.- - ----..__ - "--- -.- - -.- _- .--- - -. - -.- -.
J{\\\Ct --U1antLiD--.. PoUct-lhitf---- -._. -.---
.'''' t ....ThtcrdJQ..Q.J.&Slte.. ! __..... _._.__. ..__ .. _._._. __...__._.. __.__.
\Cl.OW tY.Vlloc__ .. ..EfMfJAl ___ ,,,,_.,, __"'__""
o \ ,
-Q..mex8eJ1qj-Sl.VJJli - _- .. _..' ,--------. - _- __.- ---- _-
'-... ....__.... __ ..LnuJj)JL.d... COlli_ _.. _ __ .
. . f..2
-- -.: J-.\!Dc.. ..__. -:-__._ -
__ _CKL01&_ _._ __.. ;_ _.._ __. .. _. __.. _._. __ _._._ _
taxei __ __ __ __ ._._ _..__ .
. \ I ('e..wtr
_v\J .,#' .. - -:-._-_ -1-.. __._ .__.__ _ _._. ..'T," , -__., -_._.-. _. _ .. _-_ _ ----- '--
I . \ t
... LtneA'Y\p. O.. YY\Ul __ __ _- ___ , _ _ . _. "._ _.. _.. __
.,, __ ,. ' . _ ..... ", .,,_ ..,. __'_" , .... __ ........-_._ w, _ __ . u .; _," .., '" __.,._ ._ ._._ _ ... ......_ _ ,_ ...... ,. __ _ .. __ ...., __
jtQ8
t
cw\'- ----- .. - ,----- __.u._-- --,.
: ...... , .. -_.. .. - .._fiD-MC1--.._.... ..... -..... -....-.. -.- --......-- -......... -... ---- "-"---.__.- ..
_ "_ _ __ _'._ ..,._ __ .. __ ._" ._ ._, . _... " . __ _ _ ,.. __ 4"_,,, _._. __ _. _._.<p_.
.. (HU ,
- rJvtyeng u.-p land to it
- 0YOwtt\... I
-,tj
1 "....
-rad iD YY\cu<t. &UfL -tna-ttrt.16vJn.lr ....
.pyr ed nClnQtv 9rowth! ocvLtoprteJlJt
. hUd .it tyo.lVJ 'XDp,lt/ wcrr- U'l't. htrL10
ow O\lfh 0V;MtM....
H
- -
\N\'Y)j Y1}J-U\LtH 3' ,.IJlClUdl&.
w\'\Q,;\:, t t.pWIU. VY\ '.
,
A '.. ..... .1 . .. _.,.
1:-\1)\\ .. \XX dllJ:- gr tGt-ttr \IJU
/!:y'
_ I. _
-=.. Jar.am{jlt_nQ---9Jitzy.. __- .'
, tv - I
---1fl.-.----lLl.IK--CDJY1ffi.W1L.t{).---.---.. -----.------------- .
r-------------------------_....:--- -- ...._----.__.--_..__... -._-
__(tLnU- -.
_.__.--- .. _._-_._---_.--.. _---_.------._----..
f10 'i\A d
..ll.W.-$.;l-!l.. - - L__ -.-n
:: -.:low----... -..----.--.------- 'on
..-----..--.----------.---.__,

L- ---------i. .---------
LEiWltlYlL..NJSlD-rl-..-=--.dde-s.ty]Js.llhi.afiJ:>.r1.----'7J;-----E'L-
: . "t' : Of} exec 5dSS
I
!fJ"G
L..:-_ ....l$:a. .. .... __.. _ . ._ . .__
, lYltW --'...----

U',--,,--).

I

I
. r----.-.------.-------. __. ..i__"._...._ .. __._
i
--- ..?D-WeX... .. ..
... ".. _-......--.d .. -iD..JD.WtL__ L>f1-.--WL.dileldLlJf.-----.-- .
. .. ._.__._.__.w_. __....__. . .. __. u_ _. __ .. r " . _._.__ .... __._. __.... _ __"-'-_
.SDQrganJroDK.-=--PL .m._---______ .. ._
__.-.------- __ _.__.H _. ._ ._. . .
__", ,,, __ ,__ __ __
__ iD1uLcLL_.... -(fRV1r0J2\t,). -------.--.-----.---..

--.-_.- ----- _- '--"'-'''-'' ---- -_ - --_ - --- - -_._--_._._-_..__ ..
. -+ 1J.vll
o
1rl. .L, # n A f'A , 1\/ Jfd. ?t:
- ..-.. eeL tTI __...---..
...-- ...._... -- flZtt-- ---- -....-------..-----.----
__ ..

.. ..---.--

- ---- _.,-'-"'- -'----. _.._... -_._-_.-. -_.. -._---- .-.... ---.. -_... _- .. _..._.. ..-. -_. -....... - .._._------- .__.
. ..--__ .. ---------
.. _---_._._._-------_._.-.._-_._._.. _ ... -_..... - ...............;._-.P"...- ... _........'_ .,- . ..__._- ..., _
,
._ _._._ _ __._ ..__ ___... ,._->-_. .. __ "'''-'., __ -.__.,. ".u,.,.. _ "_"'p_"- ...,...,. .__.. _
. .. .
... - ...... - . _._., .-. -- ,- . "-'" 'p. ,
;' .." - .... ;' .....
i - ,
;:;.
. , . . ','
.. . .. ._._... . Lzq_ ',__
" _.:1'
J ,1,
.. .. .. /'.
..---.".--.----.;.-.-._---.-...,---.-' ...:;

JIJ Oh /I' L I .. prJ' J..1A" D11J o.;.--eJ bl" \
_.. ..f..:Il;I!..Iii

-_......----_. ----_._----_._-------
:J\11ti
.:.n",-. __"".. ", - ,,_----'

,
,
._------:..._---_._---------"._-_._-------. .--_.-
Jill\{ tQ._.
.__.__.Y:ttLlY.ed-_O\42O-gi ..:=;
; --
.---.-.a.Jet,---1A.it11.. -- ..
{
-----_..
----------..--.----..---- "; --.-.-----------ftl'"
, .
I
.
i 0
; .
'Rmi(/ Me.U1nq - -ream 10 hO\cL 10 iz;u:..
-tY\t.. I'1LIAk I .
i) PI t\ D\N {; n5 tD CltetLrat- Ctf'
fe.ccm
PoWb/t, zoiU( C:1c.na Dt- CDlUJnl?0-- I
1m ow-- 'fY\Ot(, t6 .
lOVOmOt6 ttr\lgCttlVl/ fran . ..
ctn\l)thUlq Ur..e.; f13
i fW:t1'1it...1nCU1 Lat{.P,- - t;en
ibwn wald
'1
ij,
i t??t 10 Offl \j) d-
o N\Cll \tf--
..
. ..._........ _'."_' .h_. ..... __._.....__._..__ __.__n __ __.... __ __
.j-tA11.. .._- __._h_.. _--.-_ _.---
-!._..nD---.Y1LDi._h..__ __u. __ ._ __ __ n' _. .._. _

___ - -'- --...... ",....
--.. ..-----:---...--

..---.-- __ . ._..__._
,
.,-ftln.D.01l.dl1J--.W-L11i.it4J1llL--UJ.eLU----- .
--_. .. -* . .
...;. ... ..

<

---.--.---------.--L--....------.----------

..
"t
,
- ---.--.---.---t--------------'-
,
-
I fi0LU<.t!l It \'Yll6t WittJ

+ tVt(grUl\ CDYv\pDntt't-t Laf9&
LY))pClGt 10 jJlWloW
- - fY\Wj ft1&v0:Yt1U
1X
O
plU?
O-CSfA
(jjmmW1i l,tacl.eiG
- IDWYI!
I f1scaJ 0t"DJ() .- lfV\ \J0A;Q.Yt"t lPlG

'0 ({jtnltv
, \J\J tlnt -ro "U1\\\ 1t OlZUtfV
. - 0IZ.9 01'i'U' to Y\Dr 000
d
fqfh fi1\It
o OJ:.0 Yf\Rft1fLg
.. \\.-tttl'T
-
k{;v U1
...,
I.,

.
---_.__.--_.----_._---.. ... _---_.---_......---_._._-......-...
lLSlf1l4---

-....._.._---...... .__... -..---'
...-' '-- ----,-'.----

__..:._._- --
__,._-
.' __11)_. tb
,': . ".' , Mclt!JS
- ...,.. !
.... _ "" 4 .. .._ _. _

ito --

---- '- --
-
--------
-----_._-_._._- ---'-,
--'----- ,_ '
__=_,ffiLL(ui[ tb _

...-.. . - --
. -biG ptJ tD \1\uudV
St.qpDU' (\nit 9i LUsf
'..
lJ\.e&t1f1q .w,rn tnu V1tiqhl1Jrs -ton/JAr 4(Zq'
- ?vdvltAmg pr-t/)OTfztr16n 'i
- Ctll\ au- SO-v .<
- it 1J)ylfJ (rL.
Hl.
- l'IIllI tuxes frr
VJ v){tU''D' WDlA-lcl ,.
MVf/ to YtCL ct1 ()l;lf to Dpr: Uv
4J\.A,lit, tD fDt<.mlll :1
gwt\- t1J -Ke..it11 4/2-3
ltnhcJ?Ctttn8 thiS ClhULdUl\L I
I POSltiV,0 Oltt
li -tl'\C(;t tl'\U"i t\'lLLl:; . ,
CJ-X) ct \clV . :
I dttUrrviJlL'Lf fwwu 1...
I
'.. mllmlij'- 'I.,..
1
'l . ,-
.r
,
I
..-.
}.
It
1
. " '. ,; . '.-."
,
----'- .... -
-!JilmLnfL 2
lJJtnIf
iVy N(,liiw,vglv Q0\118 to
[U'U'1 j)\U'1uti - No pctvtnU ccr tf11 17 rILL

htu Y\l\t11\,nq it ail wlm [bw{\........1
tDnw.et RJ tIL CD x.
CoWleil8Z -iDllDW u.p mW1I'18 wim

- Ot;SlJetcl aqmctj
To 6q mfutsre.d PtIYI:Jj
&rtnqth. of Rt&6!lA-tiDrV - ju.Li 6 10 Seet- .
CNp. u.qctl DptnWU rJ if '
Cld1l LlioncJ
, , ;;: '. ," , .', .'
., - .,,"
',. '
:,'" .. . ..
" : ,"
(;i/- - - - - - - . \. ' ..$4
.lQJg lt4_.J1L __w.rttLo1i\le".+. ..
r
, "'i" '..
-
__ .pm.:.__." .. 1IlC1fi:' .'Arll-Vl" __ _ __._ . .. . }
- hDte1 lU2 t Of ?
.__.._........ ... - .....- " ....._..- ..--.... .... _'.... -- ..._..-_ .....__.... '-"'-"- _.. -_........_..-- .. -.-.....

1 -- .. IH
.-..-..-- __ ha\ -.-....-.-.. ------.----... -- --.-.----'7'/
----_._--_._--_.,_.__ -.-.---_ _ __ --.__ _._-_ _._ ---._ _..
.. -----\;:
.. ..... __. --.-.......-.-..---.. -.--------..----
______....... .. __.._. ... _,..._.__ __ .._ . ..._. ... ._.................. __ __
, ...-...-.--.-----.-----_.-.---..-.----._-_._.__..

, ,
,--.;.._.P_......_._--_._--._--_.... ... , , ,...... ..__.- __ __._ - ..___._._
.. _ u __".__ ._ - _- --.------.----- -
j -_.-..--..----------.:
..__.. . ._._ LnJJ.L. .__.. _ ._ _ ----.---.- .
; . .__._..-=jOO?.cletj_eJ. __ rriU1Th11_.______.__. .. :)
:! .. -.-.--.--.-.. .__ca&ClllL_lli._ P-C11- --. .;.'
.. () I/\d '\' 0 J ; \ lHP (-; 1/\ Ar- .
. ...- ......- ._.._._. __.__._._._ :
, ..---.. ..f..(.. ..C
an
.tJua1.J-.----...J. .
. $c 1 .. ' '0 :i?
.----.-.- - -------.------':!.....!..._f1\t 1-:..-- __---..___ _.. --'" .._- --.' --_ ---J. "..
;
. , : ,,'
" ,
:
.. ' .
:". :. .... . .
.. .
-PDsGSSeD $(i)Df'Aj(
Town SlYUSbts, ',;.
- G.rWfLllq - loem - ViJ.lJJe.J .1

- \Mt"Wf\ -
- 8QteJmx
;.
I \5 i!J(( 1LOT Ufl Th f;.ij(ve.,
eX \ -\-Vvpto ,'
\)\Q;t 'l1\1:b\ dmr , '
- -t 9o.m QCCU1Wlt( ;;
-RcttRuLs ".
.;
\)jim ?\l'u '
" .I 8.7 milli6r\ . WhlKe. cULt L :

I PM - {}. CUV1 \Wlfv .
I {J(([,ula:nn.9
'J \m S\1G
i f \JV0feetlt- COvme,RQJ

'i. I.
.,.... .. .
.. ..". . .-. . . '. ..
. ootr.ltnctJ. ...... Hd_. .;:'
_ * ... fed t.K .-."..
__ _- No_?CClM.. iCLd
..n... ..n .., _ht -\:0)._. __ .n:
f
: L
_.._.' \;J2..W,. mbJt:-<NL, '.' "
.._._._ - --., .."- . .- - -.-.. - - _ _.. -., ,'.. -' --_.- --_. -_.- ". - '.... . _.' - -. -_ _..
. . .,. __ . -.. _ __. ._.... H''''''',',:''
--f\Wuca,t'ID(I J\Aflt .. .,_ --- .-..--.. ..- .--._-
, ftL:->
n_" _.. - .-..... .. n .. ., - - ----.- .- , :'
jn\ieI: .n,:.'m:- :
_ ,,_._ ,. , .._ .. . , __ __ .................". . _... _ . ."_' _ _ . ...... _ __"U' __........ '.
\1at.. ,Op-000 ..on--BVefBretr1.0V ----..._. .:
.
.. .. '- ._..._-- -nO::'
.... '" - --.. -- -.....1-,
...... _... .
......
,', ','0 '
.' ,t ,
., Q . ~
---_.-...--.---_..._........-_---_..-._--_._--...;.._._... _-_._-,..... -_._-----_.-...._ ~ ~ _ ......:.-... _ . _ ~
' . 4.
,
\f wt qu GCtSlnO' t'letJDlU
htw cio Lot .ShoW OCY\Lflts
Dptrv -Rv:CCUVlptti9lV .. .....
"'" t-\M?r1Cf Qo\S' .. 1V.$5millr0r0
fuct0-tt: tmt. du(;f S-tpt JD,. \ ,.,;H'fli;,it;::-;
. _H.
.. Th
... " . . .
. - OdCU
n MA..- ' '. ,." . ..... .- "'''' -t.. ,...
4t";,; &0140 ..
I
!
+"'r"
Slll'cL ShL',s ...
, -It ...tDWu.,..1aa.&{so .' ."_
........ , .wr:b1j 191'2{xnt1 L1' .. .
..... rW.L
.. ... .. ".

. , _. * ... -. -. -'-"
!
\'W &

__
___-__
-_.... .... _-- .... _- .. __._.---..

---w . .--.--... ------.----.----..- .
_._____ ,.,tl'\.
. -:
. I i --. - d.ou __' i" .
\ ' ,
(\eJt . -.
1
rIA . SI't AI i4- , :''-..'U'
.. - , .
. _ , f:', _CVro:at--?:l .-
: ,< 1 - \l(1f)eLt: .__--_...i.._______________ :
. '.", "
---------------_.__._... .... .....__.---
-----..
..
----_. ------.._--_._--_._.-.-_.---_._-----_._-------.-
-U- ,seJ-.v\
,StRV\C!
. .."
.' . .'
..
"! .'.
.. h
2 - .' .. '-! I' " i'
- -.-.- -- --.-- .. "'-'-- - -- -'--"--"-' -----.. ----.-.-.
fluesiJ. UL.Wk1Ur. __.. __ .. -..-
......h _ .... _ ...... .. .. .. __... --'-' l:" ..
___._... .. ......Cto.esn: b .. ..
.. .. ..---
__..__. ..
_. _.._._.n f_.' .__1._.__. . . . _
.. .-
iO--fuL}t(/1(
__-------_._-_.-
c: ... .: ".' I' . - ..
/'.:::.i:.: .--..-----\QDCLrdu--.i1l-lJJ(L-__cCtb_.. ..ci&las.__
.. --.- ..---_...------
I . ...,----------.-----.-----------'-
.
.. j --'--- .... --- --.. -. ---.. ---
.. .. -......-.---- -. -
____..__ .. ..... __ __ ._.. .. __. .. __..
,
---_._--_.-... ------------..... __ ... ..._-... ---.. _-------_._--_...-.._-_._--_.
._--------._....- ...- .... __.._..._---.;:_.. _... _---_.._._._-------- - - ... --.-
!
-----_.... -------------...-._-----....._._--.. ... _...-_... _--- --_--..._... _---_.. _.. -.-.__.. _-
-----------_._... _--_._--_..---.-.._---- ._-
,
---"---_.---'" _. -- _.,.- _---_ , __. - - _--- _.- - .. _- - ,.- _.. _.. ..
Meld iU CA.clclltiOl\oJ R!{o? li))K it
PDo? - COOt1(\UU
.... - - w.,.,---
-f 4.3 days .w( -AfptId8 -* SII'1 I\4-
[,htz\i &f(HldtRt_, ChttVCvH111l
.}WiJ, (';ht\s W'l \)QlJ te) WV(; .
'5l\G\ \\4 - PrlhinttttlDn tDni
ht \\OJ Lmo..Hl d q -l' CJ.l me .
Kt\th V,0.
*Nttd tt ShbW TDWY\ \1\ VD.c\(.\(lq11M
J\A,lILr ttUViU K{itt1 ShMAJd torY\t OUr \JJ&\i1
0
ft-
Mu\ SntM)U1g
AE:7e1\1C,\.f ''i.\
.'Plrm p.'llLVliZ1..1101'l wqYYlall tI-s&'DdatCS
-.in)' rruLi.ltI0 VJ (
(jn "TIt., ?YDF"taX Savin.gi.
from \01\\
COJUlD tJl00at -ta.x..
.. ."
.. ',
:..... -;. ::..:
EXHIBIT C
STATE OF NEW YORK
DONALD A. JOHNSON
-against-
Petitioners, AFFIDAVIT
Index No.

Respondent.
STATE OF NEW YORK
COUNTY OF
)
) ss.:
DONALD A. JOHNSON being duly sworn, deposes and says:
1. I am one ofthe Petitioners in the above captioned action, as well as a member and director
of Save East Greenbush, Inc., which is also a Petitioner in the above captioned matter.
2. I am a resident and taxpayer of the Town of East Greenbush, residing at 41 Berkshire
Drive, Town of East Greenbush, Rensselaer County, New York.
3. At 4:30 P.M. on June 12,2014, I attended the Special Meeting of the Town Board of the
Town of East Greenbush (hereafter the Special Meeting).
4. I arrived at the Special Meeting early and obtained a seat at the meeting at approximately
4:00 P.M. to observe and listen to the proceedings of the Town Board of the Town of East
Greenbush.
1
161 Ottawa Street
www.meyerfuIler.com
5. At approximately 4:20 P.M. on June 12,2014, prior to the opening ofthe Special Meeting,
Joseph Cherubino, the Building Inspector for the Town of East Greenbush, announced who he
was, that the meeting room was at capacity, and that no additional people would be allowed to
enter the room, unless persons left.
6. The Special Meeting opened as scheduled at approximately 4:30 P.M., where Supervisor
Keith Langley also announced that meeting room was at capacity and that no additional members
of the public would be permitted access to the meeting room or would be able to witness or
observe the meeting and any deliberations contained therein.
7. Over the course of the Special Meeting, during the limited public comment section that
was provided, numerous members of the public stated to the Town Board, affirming that there
were numerous people being denied access to the meeting room, as well as the opportunity to
witness or observe the meeting and any deliberations contained therein.
8. We thank the Court for its consideration of our petition.
onaId A. Johnson, Individually and as director of
SAVE EAST GREENBUSH, INC.
~ d y of June, 2014.
JEFFREY R. MEYER
Saratoga Co. #02ME6127679 If
Commission Expires May 31, 20(
2
161 Ottawa Street
www.meyerfuller.com
EXHIBIT 0
STATE OF NEW YORK
DONALD A. JOHNSON
-against-
Petitioners, AFFIDAVIT
Index No. 2'1 7 I t:t1
Respondent.
STATE OF NEW YORK
COUNTY OF
)
) ss.:
ELIZABETH A. WADE being duly sworn, deposes and says:
1. I am one of the Petitioners in the above captioned action, as well as a member and director
of Save East Greenbush, Inc" which is also a Petitioner in the above captioned matter.
2. I am a taxpayer of the Town of East Greenbush, owning property on 1550 Best Road,
Town of East Greenbush, Rensselaer County, New York.
3. On June 12, 2014, I tried to attend the Special Meeting of the Town Board ofthe Town of
East Greenbush, being held at 4:30 P.M. (hereafter the Special Meeting).
4. Upon arriving for the Special Meeting at approximately 4:15 P.M. when I attempted to
gain - cesg t the me ling roem where the S _ ial Me ling as: b in h ld, I w. .denied al;; - "
to the meeting room.
1
161 Ottawa Street
www.meyerfuller.com
5. In addition to being denied access, there were no efforts made by the Town of East
Greenbush to accommodate myself and those certain other members of the public who were also
denied access to the meeting room, to enable the public an alternate method of access, or the
opportunity to listen and or view the meeting and the deliberations of the Town Board.
6. Outside the meeting room, I compiled a list containing the signatures of eighty six (86) of
those certain members of the public who tried to addend the meeting, but were not permitted the
access or the opportunity to listen, or observe the proceedings. A copy ofthe signatures I obtained
on June 12, 2014 is attached hereto.
7. In addition to the eighty six (86) signatures compiled and attached as Exhibit A, there
were numerous other members of the public who were not able to gain access and denied the
opportunity to listen or observe the proceedings, who I was unable to obtain their signatures.
8. We thank the Court for its consideration of our petition.
ELIZABETH A. WADE, Individually and as
director of SAVE EAST GREENBUSH, INC.
day of June, 2014.
JEFFREY R. MEYER
Saratoga Co. #02ME6127679
Commission Expires May 31, 20lZ
2
161 Ottawa Street
www.meyerfuller.com
-r' Wit.> J
LPA
('(/ lire-f))) L ''I1u /1//,,17/ 0.+ '/}
-I- q {;{ Ill' 'C 7D 1 f;
.No.Mt
...1l7d 4
'/33-702J;; !
l//l')-yqI S
4--3 4-- -lf1'17
lob 7J-
4 tt( -
7 It AVt: 8st h
3J G.G,
"lor, 2-G.. 120Ce r
3as
:5 d 1 0 G-f-uJ - rar- f'J1 n.1VI
? 1-7 fk7toh..
18'= M --6-F-"r-?=-
-......r-J a.-> i-;. ..,-=:> f;:...J. '1/ -.J
\J
'It:; OIUV;; e6-
1
J./Y JJt6/
C. (LJ.. l"Z.I--lt.J
Nt /0 l u}Q!I \CVvs 6- \ZOCo I
I LvAS /2YJ I" itA 4C( t 5f '+v f v' t!f"( /l'1 v -.{ ~ "/7J-- 0,
f\! I'.M -{ f t l ~ A-))r'f ~ (
S l ~ }f17.,0{2 (
)" \ ~ _ L ic;--t:aj 77....
II
;)c 13

Li4V1liJf
'{4HiP, to"'!
D(l t- L, Ci \r J ))-
\t",f.)
f J/J J) 11'
t ( I'QA-)
(1
l\.(
dffp lLJo
;)tlf> - &,d'-/0
u
L/7 7-7J3 T-

.
LJ33-f3/i
( \
-J22. L/-
'17'1- o'7S
;2Cjft:; (I I( I,
!J
f.-&- ..;i <' L'I
;Z 3 - :3 3.5 7 .z 05 j?lp.,,-/7I;!()//! /' FJ'"
/-j:JJ! /0 (7 fllJ1,f- ! Cfoz-:tJ
4'1'1-'1bYb b L l
,,- O/'F-,q. ZQRl
2,%0 Z 1> Z- \ Sc.e() rseS+ yZ..J)
LfJJ .... /127 t4-v&,.
[(.eVi Ss flue /V $ J Jl-/

JoJ
(;VL 0\ If\Ct\u
tol
OJ

5" L.[11-
1h6f'f\{b)V1 WLL U
\.AJQ..\ \<.:1$. p..J.
.J"Cl"""ff Z\
6, G) KJ'j
M/cUAtL- K,tJfP '2 Hf),J1.s IN dU!>

EXHIBIT E
9k ffOfbn ~ t f f d ~
22S CClJumlJia Turnpike, RmsseJul', Sew YClrk 12144
CaU to Order
Pledge to the Flag
Town Board Meeting:
TOWN BOARD AGENDA
APRIL 16, 2014
7:00 PM
Members of Town Board
Present Absent
o
o
o
o
o
Supervisor Langley
CommunicationslAnnouncementslReports
Linda Kennedy, Town Clerk stated the Town Clerk's office has received reports from the following
departments and will be on file in the Clerk's office for review:
Councilperson DiMartino stated that East Greenbush Castleton Little League and Girls Softball will be
holding opening ceremonies on Saturday April 26, 2014 at 8:00 am with a parade starting at Genet
football field and proceeding to the Little League field on Gilligan Road. The girl scouts will be
holding a spring clean-up day for seniors on May 17 & 18, 2014 if you are a senior and need some help
doing yard work please contact the Girl Scouts. On Earth Day there will be a clean-up day at the Town
Park on Elliott Road II :00 to 3:00 pm
Councilperson Matters stated the Financial Disclosure forms were done and sent to the Town Clerk by
the April 15
th
date.
Councilperson Malone stated that WWTP project is moving along and if you drove by the solar panels
are either moved or lying down. He looked at the financials of the panels the rays should be 70,000 or
more they are at 100,000. Until the project is done there will be less benefit because they are only
running on three panels. He will check on the DPW garage in July to see how they are doing.
Phil also announced the Dave's Dog House (Price Choppers Marking Lot formally the Coffee Shop)
will be opening on April 26, 2014
Councilperson Mangold stated that TAKE BACK THE NIGHT was just held at Hampton Manor this
event is for awareness against Domestic Violence. There was a good turnout.
Sue also mentioned that on May 10 from 10:00 to 12:00 is Muffins for Moms at The East Greenbush
Town Hall Community Room this will be sponsored by the Girl Scouts Unit 136. The donations and
proceeds will be donated to the Liza Warner Fund and Nikki Hart Memorial Fund, to raise awareness
and prevent domestic violence. Sue mentioned that she handed out sheets ofpaper with a website to
vote on a bookstore to win a grant. The website is to nominate GOOD BUY BOOKS.
Open Public Privilege: NOTE: Each speaker shall state name and address prior to addressing the
Board and shall be granted the floor fur up to five minutes. The Board thanks everyone in
attendance for their understanding and also for their desire to actively participate in the decision
making process locally.
Open portion started at 7:06 pm
1) Dwight Jenkins commented on the fact he didn't know about the casino but wanted the board to
know he was against it. Supervisor Langley stated that it was on the November ballot. B, He
stated that he feels that the Thompson Way project was illegal because no final plat approval.
He also stated that there isn't a building permit on site and he can't find meeting minutes
approving this project. C, he feel that more people would speak at board meetings if they didn't
have to give their names do to retaliation. Dave Gruenburg town attorney stated he would
check into it.
2) Floyd Hunt stated that he was at the capitol two months ago to lobby for the military and was
invited to listen in on roll. He feels we should be proud of our town board that they give you
the right to speak and to the board not just a staff member. Thank you again Town Board.
3) Patricia VanAlstyne (artist) goes to the transfer station and liked the fact that there were usable
item that you could pick from, she would take good items and give them to needy residents or
bring them to homeless shelters. Would appreciate it if the town would again allow the
residents to pick again. She showed us pieces of artwork that she repulposed.
4) Guy Johnson stated he wants the pick pile reinstated.
5) Eileen Grant stated that she would like to see resolutions 66, 67,68 and 69 passed this is a sign
oftransparency in government. B, also would like pick pile reinstated. C, stated she would like
the ethics meeting published in advance. D, sbe wants the results from the independent audit
these audits were paid for a long time ago. George stated be is right now focused on getting the
report to the Comptroller's office before April 30.
6) Jack Conway stated he was offended with the sign on the Town Hall door stating that we will
be closed for Good Friday. Stated he attended the pre-board and there was a update on the
WWTP project.good information good government. Stated process & results equal the process
needs work, we can talk to the board but we don't get the response, The Board tells what they
want us to hear. Lastly fells that the last four resolutions should he passed.
7) Tom Grant feels the free pile should come back to the transfer station. He stated he was glad to
see the last four resolutions on the agenda.
8) Pete Stenson complemented DPW and crew fur the tree trimming. Pete repeated Keith by
"saying he would check into free pile at transfer station" Pete said under McCabe the
department heads would look into it. He supports resolutions 66 to 69.
9) Ed Gilbert asked Councilperson Malone to publicly apologize to Supervisor Langley for his
comments at last month's meeting.
10) Bonnie Lester inquired if the town lakes would be swimmable this summer? She also wants
the pick pile back at the transfer station.
Resolutions and Proposals by Town Board Members:
56-2014 A Resolution to Approve Meeting Minutes
WHEREAS, the minutes of Town Board meetings, as provided in 106 of Article 7 of the
New York Public Officers Law, shall be approved by the Board prior to them being finalized, deemed
official and disseminated to the public by the Town Clerk; and
WHEREAS, that the minutes ofthe regular Town Board Meeting held on March 19,2014; and
WHEREAS, the Town Board bas reviewed these minutes and any necessary corrections have
been made; now, therefore, be it
RESOLVED, that the minutes ofthe regular Town Board Meeting held on March 19,2014,
are hereby approved as submitted.
The foregoing Resolution was duly moved by Supervisor Langley and seconded by
Councilperson DiMartino and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
NO VOTE
(OUT OF ROOM)
YES
57-2014 A Resolution to Approve Special Meeting Minutes
WHEREAS, the minutes of Town Board meetings, as provided in 106 of Article 7 ofthe
New York Public Officers Law, shall be approved by the Board prior to them being finalized, deemed
official and disseminated to the public by the Town Clerk; and
WHEREAS, that the minutes of the special Town Board Meeting held on March 14,2014,
have been presented; and
WHEREAS, the Town Board has reviewed these minutes and any necessary corrections have
been made; now, therefore, be it
RESOLVED, that the minutes of the special Town Board Meeting held on March 14, 2014, are
hereby approved as submitted.
The foregoing Resolution was duly moved by Supervisor Langley and seconded by
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
58-2014 A Resolution for SEQRA Determination for East Greenbush Tech Park Building
Addition
WHEREAS, the Town of East Greenbush received an application for the site plan review
known as the Building Addition at 26 Tech Valley Drive from Greenbush Associates LLC., located at
26 Tech Valley Drive, identified on the Town's Tax Roll as Tax Parcel No. 155.-6-1.226, prepared by
Hart Engineering; and
WHEREAS, the application was accompanied by a proposed site plan, Part I of a Short
Environmental Assessment Form ("EAF') and other supporting information; and
WHEREAS, upon the recommendation of the Town Planning Board the Town Board
determined the proposed project was an Unlisted Action and conducted a coordinated SEQRA review
for the Project; and
WHEREAS, the Town Planning Board, after considering the comments and opinions ofthe
Project Review Team and Planning Board's Designated Engineer, "The Chazen Companies"; and after
reviewing the proposed site plan, took a ''hard look" at the potential environmental impacts ofthis
project by carefully considering and reviewing the Full Environmental Assessment Form, considering
all the Applicant's proposed mitigation measures as they relate to environmental issues and more
particularly to traffic, fire, rescue and MS-4 stormwater detention and recommended the Town Board
issue a Negative Declaration under SEQRA; and
WHEREAS, the Town Board has determined that the action will not result in any large or
important impacts and, any potential impacts can be mitigated;
WHEREAS, as the Town Comptroller has heretofore certified that none of the provisions of
this proposed Board action shall pose an adverse impact to the Town's finances.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds that the
Project will not have a significant impact on the environment and issues a Negative Declaration for the
Project.
The foregoing Resolution was duly moved by Supervisor Langley, seconded by Councilperson
Matters and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
59-2014 Site Plan Approval- 26 Tech Valley Drive Building Addition
WHEREAS, the Town has received an application for a project known the Building Addition
at 26 Tech Valley Drive from Greenbush Associates LLC., located at 26 Tech Valley Drive, identified
on the Town's Tax Roll as Tax Parcel No. 155.-6-1.226, prepared by Hart Engineering; and
WHEREAS, the application was accompanied by a site plan, a short Environmental
Assessment Form ("EAF') and other supporting information; and
WHEREAS, the Town Board as Lead Agency issued a Negative Declaration for the project on
April 16, 2014; Resolution #58-2014 and
WHEREAS, the Town Planning Board has reviewed the application materials and submitted
the application materials to the Project Review Team and the Planning Board's Designated Engineer,
"The Chazen Companies"; for technical review, and the site plan has been revised in response to
various concerns raised by the Town Planning Board, the Project Review Team, and the Town's
Designated Engineer; and
WHEREAS, based on its review, the recommendations of the Project Review Team and
Town's Designated Engineer and the revisions made to the site plan, the Town Planning Board has
recommended approval of the site plan with certain conditions; and
WHEREAS, the Town Board has reviewed the site plan application materials and the
recommendation ofthe Town Planning Board; now, therefore, be it
RESOLVED, that the Town Board hereby approves the final Site Plan of the Project subject to
the following conditions:
Satisfying outstanding technical details as determined by the Town's Consulting
Engineer and Town Planning Department; and
All remaining fees and escrow are paid to the Town
The foregoing Resolution was duly moved by Supervisor Langley, seconded by Councilperson
DiMartino and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
60-2014 A Resolution for SEQRA Determination for Proposed Hotel Route 4/fempel Lane
WHEREAS, the Town of East Greenbush received an application for the site plan review
known as the proposed hotel Route 4ffempel Lane from Visions HoteVEast Greenbush Lodging
Associates LLC., located at Route 4ffernpel Lane, identified on the Town's Tax Roll as Tax Parcel
No. 155.-3-2.11 & 155.-3-2.12, prepared by Bergmann Associates; and
WHEREAS, the application was accompanied by a proposed site plan, Part I of a Fun
Environmental Assessment Foml ("EAF") and other supporting information; and
WHEREAS, upon the recommendation of the Town Planning Board the Town Board
determined the proposed project was a Type I Action and conducted a coordinated SEQRA review for
the Project; and
WHEREAS, the Town Planning Board, after considering the comments and opinions of the
Project Review Team and Planning Board's Designated Engineer, "The Chazen Companies"; and after
reviewing the proposed site plan, took a "hard look" at the potential environmental impacts of this
project by carefully considering and reviewing the FuJI Environmental Assessment Form, considering
all the Applicant's proposed mitigation measures as they relate to environmental issues and more
particularly to traffic, fire, rescue and MS-4 stormwater detention and recommended the Town Board
issue a Negative Declaration under SEQRA; and
WHEREAS, the Town Board has determined that the action will not result in any large or
important impacts and, any potential impacts can be mitigated; and
WHEREAS, as tbe Town Comptroller has heretofore certified that none of the provisions of
this proposed Board action shall pose an adverse impact to the Town's finances, now, therefore, be it
RESOLVED, that the Town Board hereby finds that the Project will not have a significant
impact on the environment and issues a Negative Declaration for the Project.
DiMartino and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
61-2014 Site Plan Approval- Proposed Hotel Route 4/fempel Lane
WHEREAS, the Town has received an application for a project known as the Proposed Hotel
Route 4ffempel Lane from Visions Hotel/East Greenbush Lodging Associates LLC., located on
Route 4ffempel Lane, identified on the Town's Tax Ron as Tax Parcel No. 155.-3-2.11 & 155.-3-2.12,
prepared by Bergmann Associates; and
WHEREAS, the application was accompanied by a site plan, a Full Environmental Assessment
Form ("EAF") and other supporting information; and
WHEREAS, the Town Board as Lead Agency issued a Negative Declaration for the project on
April 16, 2014; Resolution #60-2014 and
WHEREAS, the Town Planning Board has reviewed the application materials and submitted
the application materials to the Project Review Team and the Planning Board's Designated Engineer,
"The Chazen Companies"; for technical review, and the site plan has been revised in response to
various concerns raised by the Town Planning Board, the Project Review Team, and the Town's
Designated Engineer; and
WHEREAS, based on its review, the recommendations of the Project Review Team and
Town's Designated Engineer and the revisions made to the site plan, the Town Planning Board bas
recommended approval ofthe site plan with certain conditions; and
WHEREAS, the Town Board has reviewed the site plan application materials and the
recommendation of the Town Planning Board;
NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the final
Site Plan ofthe Project subject to the following conditions:
Satistying outstanding technical details as determined by the Town's Consulting
Engineer and Town Planning Department;
Visions Hotels LLC (East Greenbush Lodging Associates LLC) has requested that they
be allowed to discharge their waste water generated by the hotel into the Couse Sewer
District's collection and conveyance system. As a condition ofapproval, if property
owners located within the Couse Sewer District request connection to the Couse Sewer
District's system, and the capacity ofthe Couse Sewer District'S system is not capable
ofhandling the flow from the approved hotel and the proposed new project(s) in the
Couse Sewer District, Visions Hotels will pay for its proportionate share (based on
projected average daily flow), as between the two project(s) ofthe cost required to
upgrade the Couse Sewer District system to allow the new project(s) within the Couse
Sewer District to utilize the same system at no cost to the Town.
The foregoing notwithstanding, ifand when improvements to the Couse Sewer District
are required, the total maximum amount required to be contributed by Visions Hotels
LLC will be $25,000. This condition will remain in effect until such time that the
Tempel Farm waste water collection and conveyance system is approved and connected
to the Third Avenue Sewer District waste water collection and conveyance system. At
such time, Visions Hotels LLC will terminate its connection to the Couse Sewer System
and connect to the Third Avenue Sewer District system, at which point this condition
shall be deemed void and of no further effect and
All remaining fees and escrow are paid to the Town.
Matters and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
62-2014 A Resolution Authorizing the Supervisor to sign agreement authorizing the
Rensselaer County Water and Sewer Authority to act as Lead Agency under
SEQRA Relating to the Retirement of a Portion of Certain Water Service Revenue
Bonds
WHEREAS, the Rensselaer County Water and Sewer Authority issued certain bonds to fund
certain improvements to the Joint Water System operated by the Town of East Greenbush and the City
of Rensselaer; and
WHEREAS, the City of Rensselaer has proposed to use certain funding from the State
Environmental Facility Corporation, to retire a portion of said bonds; and
WHEREAS, said authority has requested the Town to agree that the authority may serve as the
Lead Agency for SEQRA purposes for this action; now, therefore, be it
RESOLVED, that the Supervisor is authorized to sign a certain letter agreement authorizing
the authority to serve as such lead agency.
The foregoing Resolution was duly moved by Councilperson Matters seconded by
Supervisor Langley
VOTED
VOTED
VOTED
YES
YES
YES
VOTED
VOTED
YES
YES
63-2014 A Resolution Adopting Local Law No I of2014
WHEREAS, the East Greenbush Town Board bas detennined that it is in the best interest of
the Town to adopt Local Law No. 1 of the year 2014 Amending Article III, Section 30.23 of Local
Law No.2 oftbe laws ofl991, relating to Solid Waste Management Recycling; and
WHEREAS, the Board conducted a public hearing on April 16, 2014 at 6:45 p.m. at the East
Greenbush Town Hall in order for the public to review and comment on the proposed amendment, a
copy of which is attached hereto and made a part hereof; and
WHEREAS, the Board duly considered all comments made at the Hearing; and
WHEREAS, this Resolution shall have no adverse financial impact to the Town; now,
therefore be it
RESOLVED, that the enactment ofthe Local Law, pursuant to Municipal Home Rule Law
20, be, and the same hereby is, approved; and be it further
RESOLVED, that the Town Clerk shall file the Local Law with the New York Secretary of
State as soon as it is administratively practicable to do so follow her and the Attorney for the Town's
respective certifications as to its compliance with required statutory form.
The foregoing resolution was duly moved by Councilperson DiMartino, and seconded by
Councilperson Matters and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
64-2014 Appointment of a Part-time Police Dispatcher
WHEREAS, the Town Board of the Town of East Greenbush seeks to retain the services of the part-
time police dispatchers in the Town's Emergency Communications Center; and
WHEREAS, the Town Comptroller has certified that the provisions of this resolution were planned for
in the 2014 Budget and will have no adverse impacts on the Town Finances; now therefore be it
RESOLVED, that Jordan Harrington, be, and the same hereby is, appointed to the position of part-time
police dispatcher, consistent with all the terms and conditions of these positions as previously set forth by the
Town Board, for a tenn to expire at the Town's next organizational meeting, or otherwise at the pleasure of the
Town Board, and be it further
RESOLVED, that the said part-time dispatchers be compensated at an hourly rate per the current East
Greenbush Emergency Communications Association Labor Agreement.
The foregoing Resolution was duly moved by Councilperson Matters and seconded by
Supervisor Langley and brought to a vote resulting as follows:
CounciJperson Matters
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
65-2014 A Resolution In Support of Proposals for Casino Sites within the Town or East Greenbush
WHEREAS, the Town Board of East Greenbush is responsible for ensuring the fiscal stability
and economic vitality ofour community; and
WHEREAS, via a statewide referendum in November, 2013, state voters approved a plan to
site six casinos at locations throughout the state to bolster economic development efforts; and
WHEREAS, voters in East Greenbush and Rensselaer County approved the statewide
referendum for the siting of the casinos; and
WHEREAS, in the months following approval of the casino siting plan in the 2013 elections,
there have been numerous proposals in the Capital Region and upstate New York for prospective
casino locations; and
WHEREAS, siting of a casino in a host community is worth millions in host fees and
increased property tax revenue, and this Town Board believes it prudent for the town to indicate
support to allow for any reasonable casino siting offers to be presented to the town for consideration
and due deliberation; and
WHEREAS, this Town Board further recognizes the host fees from a casino would be of
significant benefit to the residents and taxpayers of the town, especially given the fiscal conditions the
town is now facing; and
WHEREAS, Rensselaer County has also previously adopted a resolution stating support for
location of a casino in the county, with the county also benefiting from host fees, which will also result
in an additional benefit to the taxpayers of the town, along with several other area communities who
have adopted Resolutions ofsupport; now, therefore, be it
RESOLVED, the Town Board joins Rensselaer County and other area communities in
declaring support for the siting of a casino in East Greenbush to allow for presentation of proposals
that benefit the town and its residents.
Councilperson Mangold made a motion to amendthe above Resolution to read:
WHEREAS, Auditsfor the Town have been stopped, the Board has not seenfund balances,
year to date variance reports or reporting on atT)' financial matter since the beginning ofthe year.
WHEREAS, the fiscal conditions ofthe Town are not known to the Board; now, therefore, be it
RESOL VED, the following wording from 6
th
recital "especially given the fiscal conditions of
the Town is nowfacing" be removed
The motion to amend was duly moved by Councilperson Mangold and seconded by
Councilperson Malone and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
NO
NO
NO
The foregoing Resolution as written was duly moved by Supervisor Langley and seconded by
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES
66-2014 RESOLUTION EXTENDING THE OPEN PUBLIC PRIVILEGE POLICY OF
THE TOWN OF EAST GREENBUSH TO SPECIAL TOWN BOARD
MEETINGS
WHEREAS, the regular Town Board meetings are the only venues available to the residents of
East Greenbush to address the Town Board as a body; and
WHEREAS, the Open Public Privilege is not extended to residents at Special Meetings ofthe
Town Board; and
WHEREAS, the Town Board in the interest of openness, transparency and accountability
wishes to extend the open public privilege as a means for residents to express ideas and concerns at
Special Town Board Meetings; and
WHEREAS, the Town Comptroller has heretofore confirmed that none of the provisions of
this resolution shall pose an adverse impact to the Town's Finances; now therefore be it
RESOLVED that the open public privilege shall appear on the agendas for all scheduled
meetings of the Town Board, be they Regular or Special.
Counci/person Mangold made a motion to amend the above resolution to exclude the word "all"from
the fifth recital, and adding excludingpre-board, so the fifth recital would read'
RESOLVED, that the open public privilege shall appear on the agendJ for SCheduled meetings
ofthe Town Board, be they Regular or Special, excluding Pre-Board
The motion to amend was duly moved by Councilperson Mangold and seconded by Councilperson
Malone and brought to a vote resulting as follows:
Supervisor Langley
VOTED
VOTED
VOTED
YES
YES
NO
VOTED
VOTED
YES
YES
The foregoing Amended Resolution was duly moved by Councilperson Mangold and seconded
by Councilperson Malone and resulted in the following vote:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
NO
YES
YES
67-2014 RESOLUTON TO RECORD MINUTES OF PREBOARD MEETINGS
WHEREAS, Pre-Board Meeting are scheduled 4:00 pm on the Thursday prior to regularly
scheduled Town Board meetings; and
WHEREAS, these meetings are the only opportunity for the Board to discuss upcoming
Resolutions for vote and other Town business; and
WHEREAS, guests are often invited to discuss further opportunities for the Town; and
WHEREAS, it is in the best interest of the Town to operate in an open and transparent manner,
and to further inform the public for input;
WHEREAS, the Town comptroller has heretofore confirmed that none of the provisions of this
resolution shall pose an adverse impact to the Towns finances; now, therefore be it
RESOLVED, that minutes from the Pre-Board Meeting be recorded, approved by the board
and posted on the Town website within 5 days of approval
The foregoing resolution was duly moved by Councilperson Mangold and seconded by
Councilperson Malone and resulted in the following vote:
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
NO
NO
NO
68-2014 RESOLUTION FOR REVIEW OF ALL NON-PAYROLL EXPENDITURES
AND CHARGES ON A MONTHLY BASIS
WHEREAS, the Town Board has a fiduciary responsibility to the residents; and
WHEREAS, the Town Board wishes to provide accountability and transparency under which
the Town of East Greenbush operates; and
WHEREAS, the Town Board has determined that the Town Board should review all
expenditures and charges on a monthly basis; and
WHEREAS, the Town comptroller has heretofore confirmed that none ofthe provisions of this
resolution shall pose an adverse impact to the town's finances; and
WHEREAS, the residents of the Town of East Greenbush should be provided a monthly
accounting of all said expenditures and charges; now therefore be it
RESOLVED, the Town Comptroller shall compile a listing of all non-payroll expenditures and
charges ofthe prior month for review by the Town Board at its regularly scheduled monthly pre-board
meeting; and be it
FURmER RESOLVED, that a copy of said listing of all non-payroll expenditures and
charges of the prior month as review by the Town Board shall be posted on the Town web site within
(5) business days after such review.
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
NO
NO
NO
69-2014 RESOLUTON FOR TIMELY SUBMISION OF RESOLUTIONS
WHEREAS, Pre-Board Meeting are scheduled 4:00 pm on the Thursday prior to regularly
scheduled Town Board meetings; and
WHEREAS, timely submission of Resolutions proposed for adoption is needed in order for
each Board member to have adequate time for review
WHEREAS, resolution 169-2010 for timely submission of Resolutions required a 4:00 pm
submission; and
WHEREAS, the Resolutions need to be typed; and
WHEREAS, the Comptroller should review financial impact of all Resolutions and advise the
board; now therefore it be
RESOLVED, Resolutions for consideration shall be submitted to the Town Clerk, Deputy
Town Clerk or Supervisor's staffby 10:00 am ofthe date of pre-board meeting; and be it
FURTHER RESOLVED, any items on board meeting agendas that were not presented at pre-
board, be required a majority vote to be considered for a vote
Supervisor Langley
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
NO
NO
NO
Councilperson Malone stated that his appointment to the Citizen Fiscal Advisory Committee will be Andrea
Smyth.
ADJOURNMENT
Motion to adjourn by Supervisor Langley seconded by Councilperson DiMartino and brought to a vote as
follows:
Supervisor Langley
Meeting adjourned 8:30 pm
Respectfully submitted,
Linda Kennedy, Town Clerk
VOTED
VOTED
VOTED
VOTED
VOTED
YES
YES
YES
YES
YES

Saveeg Suit

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Saveeg Suit

Uploaded by

Copyright:

Available Formats

STATE OF NEW YORK

SUPREME COURT: COUNTY OF RENSSELAER

You might also like