TOWN OF ROSENDALE TOWN BOARD                          

JOINT ENVIRONMENTAL REVIEW BOARD

FEBRUARY 21, 2008

The Planning Board met at 7:00 p.m. to discuss whether to proceed as a joint review board with the Town Board for the SEQR on the Hudson River Valley Resort application; DEC Region #3 has also indicated that it will seek lead agency.  The Planning Board after discussion voted to pursue lead agency solely in the matter.

The Joint Environmental Review Board (JERB) and the Rosendale Town Board convened at 7:35 p.m.at the Rosendale Community Center with the calling of the roll of both boards as follows:

Planning Board:            Chairman Billy Liggan   Present

                                    Fred Greitzer                            Present

                                    Randi Morf                               Present

                                    Peter Perry                               Present

                                    Joe Havranek                           Present

                                    Alternate Nick Mercurio           Present

Town Board:                Supervisor Patrick McDonough            Present

                                    Councilwoman Manna Jo Greene          Present

                                    Councilman Kenneth Cluen                   Present

                                    Councilman Rich Minissali                     Present

                                    Councilman Robert Gallagher    Excused

Also Present:                Mary Lou Christiana, Counsel to Planning and Town Board

                                    Charles (Chuck) Voss, C.T. Male Assoc.

                                    Dave Plante, C.T. Male Assoc.

Supervisor McDonough stated that the best chance for the Town to retain lead agency would be by having the Planning Board take lead agency since DEC Region #3 has foiled the effort to have a joint lead agency; they intend to pursue lead agency.

Councilwoman Greene stated that she has concerns about the advise that the DEC Commissioner would never act on a joint lead agency.  Ms. Greene stated that she spoke with Mr. Ewing and he said there is no language in the law to deter a decision of joint lead agency; she said that she was told that if they felt that pursuing joint lead agency would harm us, we would receive a warning. Ms. Greene asked the Planning Board if this new information would change their earlier decision; their response was “no”.

Mary Lou Christiana, counsel, stated that in the early 1990's two agencies seeking joint lead agency were told the DEC Commissioner could only act on one; there is a new commissioner and perhaps a new interpretation.  Ms. Christiana stated that we must have a decision to DEC by tomorrow (February 22nd). 

Councilman Minissali said that he felt the “die is cast” since we said both yes and no; in the future we must move in a more cautious manner.

Supervisor McDonough asked if the Town Board should continue to pursue lead agency; he is not choosing to make a motion to have the Town Board go forward since the Planning Board voted to continue to seek lead agency.

Councilman Cluen stated that he concurred; all the people will be heard throughout the process; DEC will provide for all our needs for information whether as lead agency or an involved agency.  Mr. Cluen has concerns about DEC being in control of the escrow; but the Town would still be in control of decisions.

Councilman Minissali questioned the letter dated February 11, 2008 from DEC asking if they will honor what was stated if they become lead agency.

Planning member Nick Mercurio stated that he recently attended a conference where the DEC Commissioner spoke; within the course of 4 minutes the Commissioner stated at least 8 times, “when we are lead agency”; which did not give him an easy feeling.

Councilwoman Greene stated that this raises concerns as to the degree DEC controls the process; citing “home rule” Ms. Greene stated there are times when DEC should and should not become lead agency.

Chairman Liggan stated that if the Planning Board becomes lead agency we will retain control of the escrow and look at local issues which DEC may or may not do; they seem more regionally driven.

Joe Eriole, attorney for HRVR, was present, Councilman Minissali invited Canopy to come and present information.  Mr. Eriole stated that all three (3) players would do a good job as lead agency in the SEQR process; none of the decisions can take jurisdiction away from the Town or DE; he advised to “rally behind one board” as the best chance.  He stated that Canopy is anxious to come back in formal and informal sessions.

Planning member Joe Havranek said that the Planning Board has already taken action to be lead agency; we must become united.  He further stated that Ms. Christiana will need to present a strong case to the DEC for keeping the process in Rosendale.

Joanne McParland, resident, stated that she is disappointed in the Town Board in not going forward for lead agency; she feels that Planning Board is “pro Canopy”.

Supervisor McDonough said that we came together for the best benefit of the Town in a collaborative way, now our best chance to retain control is to allow the Planning Board to proceed.

Planning members Morf and Havranek stated that this will still be a collaborative review.  Mr. Havranek stated that the Planning Board is not “pro Canopy’ but “pro Code” and they treat each applicant the same by applying the code.  Supervisor McDonough concurred that the Planning Board is “pro Code”; they go beyond the code to benefit the Town.

Councilman Cluen stated that the Planning Board is “pro the process”; if you follow the process both positive and negative will be brought out.

Bob Cahalan, a resident, asked what “Save the Lakes” wants to save the lakes from; who will make up the taxes.

Tim Trompetter, a resident, asked who will represent Rosendale; Supervisor McDonough said that he and the Planning and Town Boards will represent the Town.

Pete Perry stated that as involved agencies, both Boards will represent the Town interests through the process.

Laura Morielli, a resident, asked if there was any way to show DEC we are behind the Town; Ms. Christiana said she would check to see if letters of support and etc. would help and be entered into the process.

Noelle Damon, a resident, asked should DEC make the decision to keep the process, is there any way to keep the process open.  Councilwoman Greene stated that to hold closed sessions, all must agree to hold closed meetings.

Jeanne Walsh, a resident, stated that Save the Lakes made personal attacks on Planning Board members, if they were to come together in support of the Planning Board seeking lead agency it could have an affect.

Ann Kalmbach, a resident, stated that she feels DEC are protecting their jobs; they may do mediocre reports; when will the public see the reports.

Supervisor McDonough said that the public will get the information from the Town Board and Planning Board

Planning member Nick Mercurio stated that a letter to any agency will live forever and they are

FOIL-able; letters of support could never hurt our cause.

Planning member Havranek suggested that letters from the Town Board and Save the Lakes written in support of the Planning Board being lead agency would help Ms. Christiana support her case before the DEC Commissioner.

Mark Morganstern, a resident, questioned who legal counsel represents; Supervisor McDonough replied that Ms. Christiana is legal counsel to the Planning Board in general and is representing the Planning Board and the Town Board on this application.

A motion was made by Supervisor McDonough that the Town Board authorize the Supervisor to write a letter to DEC Region #3 supporting the intent of the Rosendale Planning Board to seek lead agency; seconded by Councilman Cluen.

Discussion followed during which Supervisor McDonough stated we have a time frame until tomorrow (February 22^nd); a letter will come from the Planning Board declaring their intent to be lead agency and dissolve the JERB; a letter should come from the Supervisor supporting the Planning Boards intent to become lead agency and carbon copying the DEC Commissioner and all involved agencies.

The motion was amended by Supervisor McDonough and seconded by Councilman Cluen to include carbon copying the DEC Commissioner and all involved agencies.  Roll Vote:

Councilwoman Greene asked to make a statement before casting her vote; she believes that the Town Boar should stay in the race; she agreed with the earlier action but feels she would be voting a contradiction to her original conviction.

Roll Vote:         Councilwoman Greene              No

 Councilman Cluen                    Yes

 Councilman Minissali                Yes

 Supervisor McDonough            Yes

 Councilman Gallagher               Absent 

Jeanne Walsh reminded everyone that all involved will have the opportunity to respond and have input; we have to keep them informed through the process.

Supervisor McDonough thanked the Planning Board and Billy Liggan thanked the Town Board for all the hard work they put into this process.

A motion was made by Councilwoman Greene to adjourn at 8:38 p.m.; seconded by Planning member Morf.  Unanimous Yes vote.

            Respectfully submitted,

            Joan S. Jordan