saveeg suit

STATE OF NEW YORKSUPREME COURT: COUNTY OF RENSSELAER

SAVE EAST GREENBUSH, INC., DWIGHT JENKINS,JENNIFER JENKINS, ELIZABETH A. WADE,DONALD A. JOHNSON

-against-

Petitioners, NOTICE OF PETITIONIndex No. 2~7 "'1

TOWN BOARD OF THE TOWN OF EASTGREENBUSH, NEW YORK STATE GAMINGCOMMISSION, CHURCHILL DOWNS, INC.,SARATOGA GAMING AND RACEWAY, LAD ENTERPRISES, LLCGREENBUSH 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 ofAugust,

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

ofEast Greenbush, County ofRensselaer, 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, PLLC161 Ottawa Street

Lake George, New York 12845www.meyerfuller.com

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arbitrary and capricious, an abuse of discretion, an error of law; and for such other and further

relief as to this Court may seem just, 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 of the State ofNew York in and for the

County ofRensselaer. The basis of such venue is the situs of the propelty and the principal office

of Respondent Town Board of the Town ofEast Greenbush.

Dated: June 22014 MEYER & FULLER, PLLC

Attorneys for Petitioners

By:

yer, Esq.16 awa StreetLake George, New York 12845518.668.2199

2





-against-

Petitioners, VERIFFIED PETITION

Index No. Z't 7!?y

TOWN BOARD OF THE TOWN OF EASTGREENBUSH, NEW YORK STATE GAMINGCOMMISSION, CHURCHILL DOWNS, INC.,SARATOGA GAMING AND RACEWAY, LAD ENTERPRISES, LLCGREENBUSH 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



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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 ofdiscretion, 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 ofsupport 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.

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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 ofNew 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 ofEast 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



adopt a resolution in support of locating a casino on Thompson Hill Road, in the Town of East

Greenbush, County ofRensselaer, State ofNew 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 ofRensselaer, 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

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Director ofPolicy Development and External Affairs at the Respondent NYS Gaming ~ommission

in order to discern the precise language that would be necessary for adopting the requisite

resolution ofsupport. 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 the1

jurisdiction of the 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 ofthe 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 ofDonald 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

ofElizabeth A. Wade attached as Exhibit D.

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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

Meyer & Fuller, PLLC161 Ottawa Stteet


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 of the 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 ofan executive session or whether the Respondents would have to

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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 ofand able to observe the performance ofpublic officials and attend and listen.

to the deliberations and decisions that go into the making ofpublic 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

ofpermitting 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.

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"

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 ofstate, regional and local government agencies at the earliestpossible

time. See 6 NYCRR §617.1 (b) emphasis added.

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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 ofallowing presentations and proposals for casinos to be located in

the Town ofEast 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

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Lake George, New York 12845www.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 ofWatervliet v. Town Bd. ofTown of Colonie, at 519,822 N.E.2d 339,

344.

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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 ofEast

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 of this 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 ofEast 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.

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Lake George, New York 12845www.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 ofEast 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 ofenvironmental review, and took action through the adoption

of the 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

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Meyer & Fuller. PLLC161 Ottawa Street


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 reliefas to this Court seems just, equitable and proper.

DATED: June t~ 201'1 Yours etc.,

Meyer & Fuller, PLLC

R. yer, Esq.eys for Petitioners

161 Ottawa StreetLake George, NY 12845518.668.2199

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VERIFICATION

STATE OF NEW YORK

COUNTY OF f.,~/~

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

~yofJune, 2014

JEFFREY R. MEYERNotary Public, State of New York

Saratoga Co. #02ME6127679CommIssion Expires May 31. 20Jf

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Lake George, New York 12845www.meyerfuller.colll

EXHIBIT A

225 Columbia Turnpike, Rensselaer, NY 12144

SPECIAL TOWN BOARD MEETING AGENDA!fuesday, June 12. 201~

Call to OrderPledge to the FlagTown Board Meeting:

4:30PM

Members of Town Board

Present

~~~~~

Absento Supervisor Langleyo Councilperson Mangoldo Councilperson Maloneo Councilperson DiMartinoo Councilperson Matters

Pledge to the FlagCall to Order:Special Meeting:

4:30PMTo consider a site specific resolution for a casino in the Town of EastGreenbush.

Linda Kennedy, Town Clerk read the following notice and stated that it was on the website, legal boardand the media notified:

Notice: The Town Board of the Town of East Greenbush has scheduled a Special Meeting to be held onThursday, June 12,2014 at 4:30 p.m. at the East Greenbush Town, 225 Columbia Turnpike, to considera 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 limitedto 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 aresidential 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 filein the Clerk's Office: Jennifer Delgrosse, Laurraine Wiese, Christine Tierney and Conununity GospelChurch.

Open portion closed at 5:40pm

TOWN OF EAST GREENBUSHRESOLUTION 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 jointventure of Saratoga Casino and Raceway and ChurchilJ Downs, Inc., for the location of a casino facilityon Thompson Hill Road in the Town ofEast Greenbush; and

WHEREAS, the law governing the establishment ofcasinos under the recent constitutionalamendment 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 requiredto pay all ofthe required property taxes, school taxes and other real property tax levies, based upon theassessed value ofthe property; and

WHEREAS, in addition to a sizable revenue source to the Town, a new casino facility wouldcreate new jobs in the Town ofEast Greenbush, both in the construction of the facility, and in theoperation of the facility; and

WHEREAS, any such facility, if approved by the Commission, must still go through theSEQRA process, with the Town being the lead agency; and

WHEREAS, the Commission has required the applicant to provide a resolution from the TownBoard 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 theTown [mances; now, therefore

BE IT FURTHER RESOLVED, that in furtherance of the above goals, the Town of EastGreenbush hereby agrees to the location of the gaming facility on Thompson Hill Road in the Town ofEast Greenbush.'

The foregoing Resolution was duly moved by Supervisor Langley seconded by CouncilpersonMalone and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson MaloneCouncilperson MangoldCouncilperson DiMartinoCouncilperson Matters

VOTEDVOTEDVOTEDVOTEDVOTED

YESYESYESYESYES

** 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 wehad time to go through the normal channels for a development proposal; things would have moved alongdifferently, The fact is NYS voters approved Casino's, they are legal. The Casino operators have a timetable 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 theTown are angry, frustrated and fearful ofwhat 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 provideentertainment 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 fmanciallysound manner.

When 1 think about what I love about East Greenbush, I take a look at the activities going on just thispast month: In our schools we had PTO meetings, Field days for elementary students, High HonorAwards 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 golfouting for our EG PBA, a run forlife to help bring awareness to Domestic Violence and a torch run from the East Greenbush policestation 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 eventsare 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 anybusiness to East Greenbush over the past decade. Our taxes are high, our impact fees are high whichPrevent many small businesses to make a profit. We have an opportunity to give East Greenbush theshot in the arm it needs for economic growth.

We have an opportunity to collect substantial impact fees, sales tax revenues, water/sewer fees. Therewill be an opportunity to reduce our taxes. It will be the responsibility of this and future boards to actresponsible with the income. We have a community amenities plan which outlines many oftheopportunities we will be able to afford.

There is a quote by Charles Kettering that seems appropriate" The world hates change, yet it is the onlything that has brought progress", 1hope we can move forward together in the fashion that continues tomake East Greenbush a wonderful place to live".

Councilperson DeMartino stated "I want everyone to know that I voted against the proposition inNovember 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'sneeds. As an elected official it is my responsibility to do what's in the best interest for East Greenbushand the residents.

We have inherited millions in debtOur property and school taxes are incredibly highOur 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'veattended meetings, gathered and researched infonnation on casinos and read endless e-mails on a dailybasis. I also realize there are moral & ethical issues surrounding this casino and I want to make certainthere are safeguards put in place both fmancially and ethically to protect the residents of EastGreenbush.

The casino is a revenue driving force. They are a private industry using their own capital and it is notfinanced by the taxpayers. With the prospect offinancial independence, we then have the opportunity toreinvest in our community. The casino is also a source ofrevenue for people seeking fuII timeemployment 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 bringin some much needed business throughout the area. I feel the positives far outweigh the negatives and Iam voting yes on this resolution. The bottom line is -It's up to the State Gaming where these casinosare being placed."

Councilperson Matters stated for the record ''The proposed casino has unfolded two very critical, yetcompeting 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 theresidents, the state did not give municipalities adequate time to conduct one. Legislation enacted by thestate last year, and subsequently approved by NYS voters last fall, set in motion a fast-tracked process inwhich municipal boards, such as this one, were given a very tight window of opportunity in which tomake a very important decision. As vocal as opponents ofthe proposal have been, my observation ofsentiment in East Greenbush has been that residents are about split on the proposal, with each sidestaking its position based essentially on one ofthe two issues previously noted. Therefore, the onlyobjective basis on which to gage public opinion on the proposal has been last fall's statewidereferendum which resulted in 52% ofEast Greenbush voters supporting casinos in New York. This isnot to suggest that the statewide referendum adequately captured an accurate onion ofEast Greenbushresidents on a site-specific casino in East Greenbush or even a casino generally located in EastGreenbush. Instead, it is, at best, only marginally reliable; however, it is essentially the only tool thatthe 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 Iplace on it, is heavily affected by the current state of the town's finances, which are improving day byday but, still, six months into the new year, are in a precarious state. As I campaigned last fall, itbecame woefully apparent that East Greenbush residents have been heavily burdened with taxes for toomany years now. Door after door, residents complained about the "sky- high" taxes they pay forvirtually 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 ledto millions ofdollars of inter-fund borrowing debt, an embarrassing and worrisome junk-bond rating forthe town, underfunded budgets for essential infrastructure upgrades and expensive equipment purchasesthat are necessary to maintain the town, the mysterious disappearance offunds due to illegitimatestipend payouts worth hundreds of thousands of taxpayer dollars, and even the threat of bankruptcy aspredicted by financial analysts nationally, has made it virtually impossible to predict how long residentsmay have to wait for the tax relief that is desperately needed for many and long overdue. Therefore, Iam compelled to rely on, minimally, a conservative interpretation ofthe revenue enhancement that hasbeen represented to the town, and view it as a much needed and positive impact to the town's financesand, in tum, a benefit to the residents. I, therefore, support the resolution moved this afternoon.

ADJOURNMENTMotion to adjourn by Councilperson Malone seconded by Supervisor Langley and brought to a vote asfollows:

Councilperson MaloneSupervisor LangleyCouncilperson MangoldCouncilperson DiMartinoCouncilperson Matters

Respectfully submitted,

Linda KennedyTown Clerk

Meeting closed at 6:30 pm


YESYESYESYESYES

EXHIBIT B

Page 1 ofl

Kim Carlock

From:Date:To:Subject:

"Debbi II <[email protected]>Thursday, June 05, 2014 11:!7 PM<[email protected]>Re: foil request

I have no documentation to send to you in regards to any of those entities.

Debbi

[email protected]:om ff

--·Original Message----From: Kim Carlock <[email protected]>To: Deb DiMartino <ddimartino@eastgreenbushorg>; Keith Langley <[email protected]>, Linda Kennedy<[email protected]>. Mary Ann Matters <[email protected]>; Sue Mangold<[email protected]>; malone3155 <[email protected]>Cc: David Gruenburg <[email protected]>Sent. Wed, May 21,201410:57 amSUbject: foil request

Good Morning,

I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the attached foiland get back to me with any documentation that may pertain to this request. Ineed to have the documentsby 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 <[email protected]>: Kim Carlock <[email protected]>

Cc; Keith Langley <[email protected]>; Mary Ann Malters <[email protected]>; Deb DeMartino<[email protected]>, [email protected]; [email protected]; Ed Gilbert <[email protected]>

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 andlorTown contractors and the following entities: Greenbush GB LLC, Greenbush Gaming GB LLC, The Village atThompson Hill, Platform Realty and the Saratoga Gaming and Raceway organization. This would includeletters, 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 localcommunities prior to its vote on the casino resolution on April 16, 2014.

Thank you......

Don JohnsonEast Greenbush

6/6/2014

Page 1 of 1

Kim Carlock


"Mary Ann Matters" <[email protected]>Sunday, May 25, 2014 7:44 AM<[email protected]>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<:[email protected]>wrote:

Good Morning,

I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review the attachedfoil and get back to me with any documentation that may pertain to this request. I need to have thedocuments by May 29th. Please respond either way so rhave proper documentation for Dave.Thank You.


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 Towncontractors 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 fromconversations 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 localcommunities prior to its vote on the casino resolution on April 16, 2014.

Thank you......

Don JohnsonEast Greenbush

6/4/2014

Page 1 of 1

Kim Carlock


"Sue Mangold" <[email protected]>Wednesday, May21,2014 11:33 AM'''Kim Carlock'" <[email protected]>RE: foil request

Meeting Wjkeith on Fri May 9th is alii would have. I believe either Denise or Megan took notes.Repsectfu \ly,Sue

From: Kim Carlock [mailto:[email protected]]sent: Wednesday, May 2.1,2014 10:58 AMTo: Deb DiMartino; Keith Langley; Linda Kennedy; Mary Ann Matters; Sue Mangold; [email protected]: David GruenburgSubject: foil request

Good Morning,

I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review theattached foil and get back to me with any documentation that may pertain to this request. 1need tohave the documents by May 29th. Please respond either way so I have proper documentation forDave.Thank You.


6/4/2014

Page 1 of 1

Kim Carlock


<[email protected]>Wednesday, May 21, 2014 11 :27 AM"Kim Carlock" <[email protected]>Re: foil request

Kim,I have nothing to add.ThanksPhil

Sen/fi'om Iny 1'er;zol1 Wireless 4G LTE DROID

Kim Carlock <[email protected]> wrote:

Good Morning,

I spoke with Dave Gruenburg regarding the attached foil from Don Johnson. Please review theattached foil and get back to me with any documentation that may pertain to this request. I need tohave the documents by May 29th. Please respond either way so I have proper documentation forDave.Thank You.


6/4/2014

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EXHIBIT C



-against-

Petitioners, AFFIDAVITIndex No.

2.'f7'1~1


Respondent.

STATE OF NEW YORK

COUNTY OF {k",,~sek~

)) ss.:

DONALD A. JOHNSON 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 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 ofEast 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


Lake George, New York 12845www.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 ofSAVE EAST GREENBUSH, INC.


?~day of June, 2014.


Saratoga Co. #02ME6127679 IfCommission Expires May 31, 20(

2



EXHIBIT 0



-against-

Petitioners, AFFIDAVITIndex No. 2'1 7 I t:t1


Respondent.

STATE OF NEW YORK

COUNTY OF (/4.".'fsJ~."..-

)) 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 ofEast 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



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 ofeighty 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 ofour petition.

ELIZABETH A. WADE, Individually and asdirector of SAVE EAST GREENBUSH, INC.


1~ day of June, 2014.


Saratoga Co. #02ME6127679Commission Expires May 31, 20lZ

2



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EXHIBIT E

9k ffOfbn~tffadC§~22S CClJumlJia Turnpike, RmsseJul', Sew YClrk 12144

CaU to OrderPledge to the FlagTown Board Meeting:

TOWN BOARD AGENDAAPRIL 16, 2014

7:00 PM

Members of Town BoardPresent Absent

ooooo

Supervisor LangleyCouncilperson MangoldCouncilperson MaloneCouncilperson DiMartinoCouncilperson Matters

CommunicationslAnnouncementslReports

Linda Kennedy, Town Clerk stated the Town Clerk's office has received reports from the followingdepartments 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 beholding opening ceremonies on Saturday April 26, 2014 at 8:00 am with a parade starting at Genetfootball field and proceeding to the Little League field on Gilligan Road. The girl scouts will beholding a spring clean-up day for seniors on May 17 & 18, 2014 ifyou are a senior and need some helpdoing yard work please contact the Girl Scouts. On Earth Day there will be a clean-up day at the TownPark on Elliott Road II :00 to 3:00 pm

Councilperson Matters stated the Financial Disclosure forms were done and sent to the Town Clerk bythe April 15th date.

Councilperson Malone stated that WWTP project is moving along and ifyou drove by the solar panelsare either moved or lying down. He looked at the financials of the panels the rays should be 70,000 ormore they are at 100,000. Until the project is done there will be less benefit because they are onlyrunning 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 thisevent 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 GreenbushTown Hall Community Room this will be sponsored by the Girl Scouts Unit 136. The donations andproceeds will be donated to the Liza Warner Fund and Nikki Hart Memorial Fund, to raise awarenessand prevent domestic violence. Sue mentioned that she handed out sheets ofpaper with a website tovote 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 theBoard and shall be granted the floor fur up to five minutes. The Board thanks everyone inattendance for their understanding and also for their desire to actively participate in the decisionmaking 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 toknow he was against it. Supervisor Langley stated that it was on the November ballot. B, Hestated 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 minutesapproving 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 wouldcheck into it.

2) Floyd Hunt stated that he was at the capitol two months ago to lobby for the military and wasinvited to listen in on roll. He feels we should be proud of our town board that they give youthe 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 usableitem that you could pick from, she would take good items and give them to needy residents orbring them to homeless shelters. Would appreciate it if the town would again allow theresidents 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 likethe ethics meeting published in advance. D, sbe wants the results from the independent auditthese audits were paid for a long time ago. George stated be is right now focused on getting thereport 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 willbe closed for Good Friday. Stated he attended the pre-board and there was a update on theWWTP project.good information good government. Stated process & results equal the processneeds work, we can talk to the board but we don't get the response, The Board tells what theywant 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 tosee 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 thedepartment heads would look into it. He supports resolutions 66 to 69.

9) Ed Gilbert asked Councilperson Malone to publicly apologize to Supervisor Langley for hiscomments at last month's meeting.

10) Bonnie Lester inquired if the town lakes would be swimmable this summer? She also wantsthe 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 ofTown Board meetings, as provided in § 106 of Article 7 of theNew York Public Officers Law, shall be approved by the Board prior to them being finalized, deemedofficial and disseminated to the public by the Town Clerk; and

WHEREAS, that the minutes ofthe regular Town Board Meeting held on March 19,2014; andWHEREAS, the Town Board bas reviewed these minutes and any necessary corrections have

been made; now, therefore, be itRESOLVED, 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 LangleyCouncilperson DiMartinoCouncilperson MangoldCouncilperson Malone

Councilperson Matters

VOTEDVOTEDVOTEDVOTED

VOTED

YESYESYESNO 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 ofArticle 7 oftheNew York Public Officers Law, shall be approved by the Board prior to them being finalized, deemedofficial 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 havebeen made; now, therefore, be it

RESOLVED, that the minutes of the special Town Board Meeting held on March 14, 2014, arehereby approved as submitted.

The foregoing Resolution was duly moved by Supervisor Langley and seconded byCouncilperson DiMartino and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson MattersCouncilperson DiMartinoCouncilperson MangoldCouncilperson Malone


YESYESYESYESYES

58-2014 A Resolution for SEQRA Determination for East Greenbush Tech Park BuildingAddition

WHEREAS, the Town ofEast Greenbush received an application for the site plan reviewknown as the Building Addition at 26 Tech Valley Drive from Greenbush Associates LLC., located at26 Tech Valley Drive, identified on the Town's Tax Roll as Tax Parcel No. 155.-6-1.226, prepared byHart Engineering; and

WHEREAS, the application was accompanied by a proposed site plan, Part I ofa ShortEnvironmental Assessment Form ("EAF') and other supporting information; and

WHEREAS, upon the recommendation of the Town Planning Board the Town Boarddetermined the proposed project was an Unlisted Action and conducted a coordinated SEQRA reviewfor the Project; and

WHEREAS, the Town Planning Board, after considering the comments and opinions oftheProject Review Team and Planning Board's Designated Engineer, "The Chazen Companies"; and afterreviewing the proposed site plan, took a ''hard look" at the potential environmental impacts ofthisproject by carefully considering and reviewing the Full Environmental Assessment Form, consideringall the Applicant's proposed mitigation measures as they relate to environmental issues and moreparticularly to traffic, fire, rescue and MS-4 stormwater detention and recommended the Town Boardissue a Negative Declaration under SEQRA; and

WHEREAS, the Town Board has determined that the action will not result in any large orimportant impacts and, any potential impacts can be mitigated;

WHEREAS, as the Town Comptroller has heretofore certified that none of the provisions ofthis 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 theProject will not have a significant impact on the environment and issues a Negative Declaration for theProject.

The foregoing Resolution was duly moved by Supervisor Langley, seconded by CouncilpersonMatters and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson MattersCouncilperson MangoldCouncilperson MaloneCouncilperson DiMartino


YESYESYESYESYES

59-2014 Site Plan Approval- 26 Tech Valley Drive Building Addition

WHEREAS, the Town has received an application for a project known the Building Additionat 26 Tech Valley Drive from Greenbush Associates LLC., located at 26 Tech Valley Drive, identifiedon 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 EnvironmentalAssessment Form ("EAF') and other supporting information; and

WHEREAS, the Town Board as Lead Agency issued a Negative Declaration for the project onApril 16, 2014; Resolution #58-2014 and

WHEREAS, the Town Planning Board has reviewed the application materials and submittedthe 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 tovarious concerns raised by the Town Planning Board, the Project Review Team, and the Town'sDesignated Engineer; and

WHEREAS, based on its review, the recommendations of the Project Review Team andTown's Designated Engineer and the revisions made to the site plan, the Town Planning Board hasrecommended approval of the site plan with certain conditions; and

WHEREAS, the Town Board has reviewed the site plan application materials and therecommendation ofthe Town Planning Board; now, therefore, be it

RESOLVED, that the Town Board hereby approves the final Site Plan of the Project subject tothe following conditions:

• Satisfying outstanding technical details as determined by the Town's ConsultingEngineer 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 CouncilpersonDiMartino and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson DiMartinoCouncilperson MattersCouncilperson MangoldCouncilperson Malone


YESYESYESYESYES

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 reviewknown as the proposed hotel Route 4ffempel Lane from Visions HoteVEast Greenbush LodgingAssociates LLC., located at Route 4ffernpel Lane, identified on the Town's Tax Roll as Tax ParcelNo. 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 ofa FunEnvironmental Assessment Foml ("EAF") and other supporting information; and

WHEREAS, upon the recommendation of the Town Planning Board the Town Boarddetermined the proposed project was a Type I Action and conducted a coordinated SEQRA review forthe Project; and

WHEREAS, the Town Planning Board, after considering the comments and opinions of theProject Review Team and Planning Board's Designated Engineer, "The Chazen Companies"; and afterreviewing the proposed site plan, took a "hard look" at the potential environmental impacts of thisproject by carefully considering and reviewing the FuJI Environmental Assessment Form, consideringall the Applicant's proposed mitigation measures as they relate to environmental issues and moreparticularly to traffic, fire, rescue and MS-4 stormwater detention and recommended the Town Boardissue a Negative Declaration under SEQRA; and

WHEREAS, the Town Board has determined that the action will not result in any large orimportant impacts and, any potential impacts can be mitigated; and

WHEREAS, as tbe Town Comptroller has heretofore certified that none of the provisions ofthis 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 significantimpact on the environment and issues a Negative Declaration for the Project.

The foregoing Resolution was duly moved by Supervisor Langley seconded by CouncilpersonDiMartino and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson DiMartinoCouncilperson MattersCouncilperson MangoldCouncilperson Malone


YESYESYESYESYES

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 HotelRoute 4ffempel Lane from Visions Hotel/East Greenbush Lodging Associates LLC., located onRoute 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 AssessmentForm ("EAF") and other supporting information; and

WHEREAS, the Town Board as Lead Agency issued a Negative Declaration for the project onApril 16, 2014; Resolution #60-2014 and

WHEREAS, the Town Planning Board has reviewed the application materials and submittedthe 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 tovarious concerns raised by the Town Planning Board, the Project Review Team, and the Town'sDesignated Engineer; and

WHEREAS, based on its review, the recommendations of the Project Review Team andTown's Designated Engineer and the revisions made to the site plan, the Town Planning Board basrecommended approval ofthe site plan with certain conditions; and

WHEREAS, the Town Board has reviewed the site plan application materials and therecommendation of the Town Planning Board;

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the finalSite Plan ofthe Project subject to the following conditions:

• Satistying outstanding technical details as determined by the Town's ConsultingEngineer and Town Planning Department;

• Visions Hotels LLC (East Greenbush Lodging Associates LLC) has requested that theybe allowed to discharge their waste water generated by the hotel into the Couse SewerDistrict's collection and conveyance system. As a condition ofapproval, if propertyowners located within the Couse Sewer District request connection to the Couse SewerDistrict's system, and the capacity ofthe Couse Sewer District'S system is not capableofhandling the flow from the approved hotel and the proposed new project(s) in theCouse Sewer District, Visions Hotels will pay for its proportionate share (based onprojected average daily flow), as between the two project(s) ofthe cost required toupgrade the Couse Sewer District system to allow the new project(s) within the CouseSewer District to utilize the same system at no cost to the Town.

The foregoing notwithstanding, ifand when improvements to the Couse Sewer Districtare required, the total maximum amount required to be contributed by Visions HotelsLLC will be $25,000. This condition will remain in effect until such time that theTempel Farm waste water collection and conveyance system is approved and connectedto the Third Avenue Sewer District waste water collection and conveyance system. Atsuch time, Visions Hotels LLC will terminate its connection to the Couse Sewer Systemand connect to the Third Avenue Sewer District system, at which point this conditionshall be deemed void and ofno further effect and

• All remaining fees and escrow are paid to the Town.

The foregoing Resolution was duly moved by Supervisor Langley seconded by CouncilpersonMatters and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson MattersCouncilperson DiMartinoCouncilperson MangoldCouncilperson Malone


YESYESYESYESYES

62-2014 A Resolution Authorizing the Supervisor to sign agreement authorizing theRensselaer County Water and Sewer Authority to act as Lead Agency underSEQRA Relating to the Retirement of a Portion of Certain Water Service RevenueBonds

WHEREAS, the Rensselaer County Water and Sewer Authority issued certain bonds to fundcertain improvements to the Joint Water System operated by the Town ofEast Greenbush and the CityofRensselaer; and

WHEREAS, the City of Rensselaer has proposed to use certain funding from the StateEnvironmental 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 theLead Agency for SEQRA purposes for this action; now, therefore, be it

RESOLVED, that the Supervisor is authorized to sign a certain letter agreement authorizingthe authority to serve as such lead agency.

The foregoing Resolution was duly moved by Councilperson Matters seconded byCouncilperson DiMartino and brought to a vote resulting as follows:

Councilperson MattersCouncilperson DiMartinoSupervisor Langley

VOTEDVOTEDVOTED

YESYESYES

Councilperson MangoldCouncilperson Malone

VOTEDVOTED

YESYES

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 ofthe Town to adopt Local Law No. 1 of the year 2014 Amending Article III, Section 30.23 of LocalLaw 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 EastGreenbush Town Hall in order for the public to review and comment on the proposed amendment, acopy ofwhich is attached hereto and made a part hereof; and

WHEREAS, the Board duly considered all comments made at the Hearing; andWHEREAS, this Resolution shall have no adverse financial impact to the Town; now,

therefore be itRESOLVED, that the enactment ofthe Local Law, pursuant to Municipal Home Rule Law §

20, be, and the same hereby is, approved; and be it furtherRESOLVED, 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'srespective certifications as to its compliance with required statutory form.

The foregoing resolution was duly moved by Councilperson DiMartino, and seconded byCouncilperson Matters and brought to a vote resulting as follows:

Councilperson DiMartinoCouncilperson MattersSupervisor LangleyCouncilperson MangoldCouncilperson Malone


YESYESYESYESYES

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 parttime police dispatchers in the Town's Emergency Communications Center; and

WHEREAS, the Town Comptroller has certified that the provisions of this resolution were planned forin 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-timepolice dispatcher, consistent with all the terms and conditions of these positions as previously set forth by theTown Board, for a tenn to expire at the Town's next organizational meeting, or otherwise at the pleasure of theTown Board, and be it further

RESOLVED, that the said part-time dispatchers be compensated at an hourly rate per the current EastGreenbush Emergency Communications Association Labor Agreement.

The foregoing Resolution was duly moved by Councilperson Matters and seconded bySupervisor Langley and brought to a vote resulting as follows:

CounciJperson Matters

Supervisor LangleyCouncilperson Mangold

Councilperson MaloneCouncilperson DiMartino

VOTED

VOTEDVOTED

VOTED

VOTED

YESYES

YES

YESYES

65-2014 A Resolution In Support ofProposals for Casino Sites within the Town orEast Greenbush

WHEREAS, the Town Board of East Greenbush is responsible for ensuring the fiscal stabilityand economic vitality ofour community; and

WHEREAS, via a statewide referendum in November, 2013, state voters approved a plan tosite six casinos at locations throughout the state to bolster economic development efforts; and

WHEREAS, voters in East Greenbush and Rensselaer County approved the statewidereferendum 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 prospectivecasino locations; and

WHEREAS, siting of a casino in a host community is worth millions in host fees andincreased property tax revenue, and this Town Board believes it prudent for the town to indicatesupport to allow for any reasonable casino siting offers to be presented to the town for considerationand due deliberation; and

WHEREAS, this Town Board further recognizes the host fees from a casino would be ofsignificant benefit to the residents and taxpayers of the town, especially given the fiscal conditions thetown is now facing; and

WHEREAS, Rensselaer County has also previously adopted a resolution stating support forlocation of a casino in the county, with the county also benefiting from host fees, which will also resultin an additional benefit to the taxpayers of the town, along with several other area communities whohave adopted Resolutions ofsupport; now, therefore, be it

RESOLVED, the Town Board joins Rensselaer County and other area communities indeclaring support for the siting of a casino in East Greenbush to allow for presentation of proposalsthat benefit the town and its residents.

Councilperson Mangold made a motion to amend the 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 itRESOL VED, the following wording from 6th recital "especially given the fiscal conditions of

the Town is nowfacing" be removedThe motion to amend was duly moved by Councilperson Mangold and seconded by

Councilperson Malone and brought to a vote resulting as follows:

Councilperson Mangold

Councilperson MaloneSupervisor LangleyCouncilperson DiMartinoCouncilperson Matters


YESYESNONONO

The foregoing Resolution as written was duly moved by Supervisor Langley and seconded byCouncilperson DiMartino and brought to a vote resulting as follows:

Supervisor LangleyCouncilperson DiMartinoCouncilperson MangoldCouncilperson MaloneCouncilperson Matters


YESYESYESYESYES

66-2014 RESOLUTION EXTENDING THE OPEN PUBLIC PRIVILEGE POLICY OFTHE TOWN OF EAST GREENBUSH TO SPECIAL TOWN BOARDMEETINGS

WHEREAS, the regular Town Board meetings are the only venues available to the residents ofEast Greenbush to address the Town Board as a body; and

WHEREAS, the Open Public Privilege is not extended to residents at Special Meetings oftheTown Board; and

WHEREAS, the Town Board in the interest ofopenness, transparency and accountabilitywishes to extend the open public privilege as a means for residents to express ideas and concerns atSpecial Town Board Meetings; and

WHEREAS, the Town Comptroller has heretofore confirmed that none of the provisions ofthis 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 scheduledmeetings 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"fromthe fifth recital, and adding excluding pre-board, so the fifth recital would read'

RESOL VED, that the open public privilege shall appear on the agend£J for SCheduled meetingsofthe Town Board, be they Regular or Special, excluding Pre-Board

The motion to amend was duly moved by Councilperson Mangold and seconded by CouncilpersonMalone and brought to a vote resulting as follows:

Councilperson MangoldCouncilperson MaloneSupervisor Langley

VOTEDVOTEDVOTED

YESYESNO

Councilperson DiMartinoCouncilperson Matters

VOTEDVOTED

YESYES

The foregoing Amended Resolution was duly moved by Councilperson Mangold and secondedby Councilperson Malone and resulted in the following vote:

Councilperson MangoldCouncilperson MaloneSupervisor LangleyCouncilperson DiMartinoCouncilperson Matters


YESYESNOYESYES

67-2014 RESOLUTON TO RECORD MINUTES OF PREBOARD MEETINGSWHEREAS, Pre-Board Meeting are scheduled 4:00 pm on the Thursday prior to regularly

scheduled Town Board meetings; andWHEREAS, these meetings are the only opportunity for the Board to discuss upcoming

Resolutions for vote and other Town business; andWHEREAS, guests are often invited to discuss further opportunities for the Town; andWHEREAS, 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 itRESOLVED, that minutes from the Pre-Board Meeting be recorded, approved by the board

and posted on the Town website within 5 days of approvalThe foregoing resolution was duly moved by Councilperson Mangold and seconded by

Councilperson Malone and resulted in the following vote:



YESYESNONONO

68-2014 RESOLUTION FOR REVIEW OF ALL NON-PAYROLL EXPENDITURESAND CHARGES ON A MONTHLY BASIS

WHEREAS, the Town Board has a fiduciary responsibility to the residents; andWHEREAS, the Town Board wishes to provide accountability and transparency under which

the Town of East Greenbush operates; andWHEREAS, the Town Board has determined that the Town Board should review all

expenditures and charges on a monthly basis; andWHEREAS, the Town comptroller has heretofore confirmed that none ofthe provisions of this

resolution shall pose an adverse impact to the town's finances; andWHEREAS, the residents of the Town of East Greenbush should be provided a monthly

accounting of all said expenditures and charges; now therefore be itRESOLVED, 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-boardmeeting; and be it

FURmER RESOLVED, that a copy of said listing ofall non-payroll expenditures andcharges 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.

The foregoing resolution was duly moved by Councilperson Mangold and seconded byCouncilperson Malone and resulted in the following vote:



YESYESNONONO

69-2014 RESOLUTON FOR TIMELY SUBMISION OF RESOLUTIONSWHEREAS, Pre-Board Meeting are scheduled 4:00 pm on the Thursday prior to regularly

scheduled Town Board meetings; andWHEREAS, timely submission ofResolutions proposed for adoption is needed in order for

each Board member to have adequate time for review

WHEREAS, resolution 169-2010 for timely submission ofResolutions required a 4:00 pmsubmission; and

WHEREAS, the Resolutions need to be typed; andWHEREAS, the Comptroller should review financial impact of all Resolutions and advise the

board; now therefore it beRESOLVED, Resolutions for consideration shall be submitted to the Town Clerk, Deputy

Town Clerk or Supervisor's staffby 10:00 am ofthe date ofpre-board meeting; and be itFURTHER RESOLVED, any items on board meeting agendas that were not presented at pre

board, be required a majority vote to be considered for a voteThe foregoing resolution was duly moved by Councilperson Mangold and seconded by

Councilperson Malone and resulted in the following vote:



YESYESNONONO

Councilperson Malone stated that his appointment to the Citizen Fiscal Advisory Committee will be Andrea

Smyth.

ADJOURNMENTMotion to adjourn by Supervisor Langley seconded by Councilperson DiMartino and brought to a vote asfollows:

Supervisor LangleyCouncilperson DiMartinoCouncilperson MangoldCouncilperson MaloneCouncilperson Matters

Meeting adjourned 8:30 pm

Respectfully submitted,

Linda Kennedy, Town Clerk


YESYESYESYESYES

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