Tuesday, February 24, 2015

What's with that Pesky PDD?



Seems a mystery that the PDD application related to the Capital View Casino attempt on Thompson Hill hasn’t been withdrawn, rescinded or neutered.  There appears to be some sort of “tap-dance” going on, but no one is stepping forward to explain anything.  The last I heard was that there was a resolution in the works to extend the PDD “by mutual consent.”  That just doesn’t make sense, given the statement below from a friend of mine who has the experience to know what he is talking about…..

“I do not see how they can extend the PDD re-zoning for anything other than a casino. The resolution specifically made reference to, and was based on, the state law that preempts casinos from local zoning. If they plan to develop anything other than a casino, they will need to start the entire process over.

In addition to the above issue, the only reason amenities (restaurants, hotel, parking garage and lots etc.) we're included in the PDD was the claim by the applicants that they were called for in the Request For Applications (RFA) issued by the State Gaming Facilities Location Board for casinos. Again, without a casino, none of these things can be included in a PDD, where the underlying zoning is Residential Buffer (RB).

Finally, the vote of at least one ZBA member to re-zone was based on the strange definition that a patron of the casino was a "resident" of the PDD. I am not sure how such an absurd concept can be applied to any other use.”

It just might be time for the Town Board, where the ultimate authority resides, to assert its authority and put the matter to rest. 

45 comments:

  1. Gadfly, I agree with every word written by your friend. No one is opposed to legitimate development on Thompson Hill and by "legitimate" I mean development that falls within the zoning ordinance and follows the rules and procedures of the approval process. Personally I welcome that kind of development. But a PDD application structured specifically for a casino is not pre-adapted for any other kind of development. The restaurant, entertainment venue, shops and hotel attached to the casino were ruled to be part of the casino itself in what surely must stand as one of the most bizarre zoning interpretations ever rendered. A casino can override local zoning but to think that any of these other things is permissible in the absence of a casino is hallucinatory.

    It's baffling to think that in an election year the esteemed members of our town board don't realize the risk they're taking by not dealing the PDD application the death blow it so richly deserves. So long as the sense of imminent danger fostered by continuing that application remains, the public will stay mobilized and will be looking for change in November. Maybe the three members of the Town Board who are up for re-election this year realize they're doomed and want to present one last giveaway to their benefactors. If that's the case I hope all of the 'players' realize this project can't get far before the end of this year and that the new administration next January may be more interested in protecting the public interest than handing out consolation prizes to people who were willing to destroy this town for their own benefit.

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  2. If I am not mistaken this has been brought up at the Town Board meeting and none of the Board members were forth coming about it. Of course the person sitting in the middle just gave his usual blank stare. My feeling is something spooked is going on and not one of the 5 are saying. Who are they representing?

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  3. Some good government measures have gained favor in the recent past as we watch Langly and Malone scurry around, Both are trying to be the Prince of Good Government. Both are too late.
    Anyway maybe they will rescind the resolution while they are pandering for votes. I'll take it.

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  4. The 2/11/2015 minutes in draft form are now on the PB section of the town website and below are the key statements from their discussion, which are included on page 3 under REVIEW AND APPROVAL OF MEETING MINUTES.

    o Chairman Polsinello stated that as their PDD stands in the
    current form can’t work. So the applicant either needs to modify or withdraw it.



    o Phil Danaher stated that the project is dead as is and the Town
    Board could act also if they wanted on their own. Chairman Polsinello stated that nothing has to
    be sent to the Town Board for them to act; they know what’s going on and can act on their own.



    o Jim Connors stated that the simplest thing the applicant can do is write a letter to the Town Board and withdraw their application.



    o Phil stated that if the Town Board wanted to that they could do a resolution that states
    in the PDD that was referred to you was contingent upon a gambling license being granted to the
    applicant and it wasn’t, therefore it’s now a legal impossibility.



    o Phil stated that all the Planning Board does is make a recommendation to the Town Board regarding the PDD, this Board doesn’t approve it. Even if an amended PDD was submitted, it would have to start the process over again.

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  5. Tom Grant, the elderFebruary 24, 2015 at 8:01 PM

    Dear Gadfly:

    Here's hoping the Town Board reads the statement attributed to Phil Danaher as outlined in the 4th bullet "...that if the Town Board wanted to ... they could do a resolution that ... the PDD ... was contingent upon a gambling license being granted to the applicant and (since) it wasn't, therefore it's now a legal impossibility."

    Be well,

    Tom

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  6. It would seem that the TB is in full control, just like they were the first time around. For all of the gusty Chairman Polsinello's pomposity, he is nothing more than a recommender, not a decider. Therefore, will one of the TB members muster up the courage to make a motion to release the casino chokehold they put on the town 14 months ago? Will the rest of the board support it? Isn't that the least they can do?

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  7. @ Terrific post!
    What say you Supervisor Langley? Or should we ask your boss, Court Attendant Chris DeFruscio?? Or your new "loyal" Deputy Supervisor? We sure know you're not able to make such a sensible decision on your own.

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  8. If he thought it would get him re-elected, Langley would join the ethics board himself (lol!) Now wouldn't that be a Kodack moment! So it's not inconceivable that he would eat crow and make the motion himself to drive a stake through the heart of the casino PDD but if he's really as stubborn and pissy as many think he is, he'll convince Jimmy Feathers to withdraw the PDD himself so he can save face. He won't save East Greenbush, but save face? You betcha! In a NY minute.
    NO LANGLEY 2016

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  9. Yesterday the news broke that failed casino applicants at the Nevele hotel in the Catskills have unveiled a Plan B which consists of an athletic complex and 750 Video Lottery Terminals (VLTs). 'VLT' is another one of those industry terms designed to hide what's really being said: these are slot machines. I can't shake the feeling that this development has implications for those of us concerned about the failure of our Town Board to terminate the Saratoga Casino & Raceway PDD. We are starting to realize that Cuomo's casino initiative opened a wider door to gambling than just the three or four casinos. We got an inkling of this when out of the blue the Saratoga people started calling the 'racino' a 'casino' and announced significant plans for expansion. Could behind the scenes negotiations for a Nevele-style Plan B be what's keeping this PDD afloat? If there's one thing we know about the Sneaky Way Forward it's that very little important business gets conducted in the light of day.

    If there are backroom talks in progress than the encouraging words of Phil Danaher and Matt Polsinello at the last Planning Board meeting may not amount to much. It wouldn't be fair to demand of the landowners that they immediately announce their plans for Thompson Hill because it's their land and they're free to move at their own pace. It is fair to demand of our Town Board that a statement be made that the casino war is over and any projects proposed for Thompson Hill be required to begin at the starting line and follow every step of the approval process. The way to do that is to terminate the PDD application. Effective government depends on public trust and if the last year proved anything it's that the East Greenbush Town Board has forfeited its right to be trusted. Terminating the PDD application would be an important first step in regaining our confidence and repairing the damage done by the indefensible secret process that nearly foisted a full blown casino on us before anyone even knew it was a possibility.

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    1. I thought at one time I understood the enabling casino legislation also had the provision for as many as four "racino" type of facilities. These are like the current facility at Saratoga, no table games, just the machines. I could be wrong & hope I am ! Also the so called VLT's are not even true slot machines, the chances of winning are LESS than a true slot.. We could very well be in for worse problems this time ???? Lets hope not for our sakes...

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  10. The local "players" who, with the cooperation of the Town Board and PB and ZB, pulled off the attempted rape and pillage of the local zoning code could well be up to something new with the VLT thingy. The Gov might want to throw some crumbs to the losers. One thing for sure, the locals aren't interested in community citizenship. They want to rip off what they can from local real estate and fund a future in Florida.

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  11. It behooves the town board to end this immediately. The fact that one of our town board members decided to taunt us with this prospect speaks volumes to the immaturity and incompetence on that board. The fact that Councilperson Phil Malone decided to blurt out at the end of the December meeting warning us to watch ourselves because something bigger is coming just shows he is not fit to manage anyone's affairs let alone an entire town. What a moron. His outburst came at a time when no one was even speaking of the casino and it was a jab he just had to get out. He can take that jab and his pride of being the culprit Matters wanted ads slandered campaign and go hang out with the children on the playground. If they still think after last year that this makes ANY business sense, then they truly are incompetent to run this town. Not one savvy business man or women who doesn't have their hands in this will say this is a good idea.

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  12. You all sound like you're panicking, which is completely understandable under the circumstances with the Sneaky Way Forward (how fitting!) but I, for one, feel confident that we have a friend on the town board. One way or another, I think we will find out by the next board meeting if the casino PDD will live or die. If it lives, well then, "Houston, we have a problem." I almost don't want to know. How can we go through this again? Oh well, at least it's an election year. Time to pay up, Mr. L.
    CasiNoLangley, Malone, & Mangold 2016!

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  13. If we learned one thing in this casino debacle it's that the two political Machines are more into carrying water for the "insider/players" in Town than caring for the interests of the general citizenry. All you have to do is look at the comments. And then you've got the illegal Plat approval, a duplex with 4 front doors (I wonder how many kitchens are in there) and construction without a valid building permit and an illegal sewer connection in recent months. We have plenty to worry about until we can elect an administration which is not in the pocket of the players.

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  14. Let's remember, to be able to open a Racino they need a VLT license. To obtain a VLT license the Gaming Commission has to isse one. Before the gaming commission can issue a license our ocal corrupt leaders (we're on 2 snagged in Rensselaer County and its only February) & state leaders have to enact the legislation to specifically allow so.

    Common sense would assume no one would now throw a racino 40 minutes from Saratoga, a half hour to Schenectady, less than two hours to Turning Stone, about 90 miles to the new MGM casino, and this doesn't even include downstate. However, nothing about last year and Prop One legislation made sense either. While they need the permission to operate a VLT, an approved refurbished PDD can allow them to start building (how's the SEQRA going?).

    I'm skeptical we'll see a racino, Feathers has a lot on his plate with already knowing he will lose millions from Schenectady getting a casino. But, you never know! What we do know is the days of allowing shortcuts to the friends and families for decades needs to end. Our supervisor should be embarassed to run again after 3 years of us having the same dismal fiscal outlook our town holds as the day he took office.

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  15. But at a public meeting, Gadfly, our Bldg Inspector was red-faced angry as he pleaded with the town board AGAINST allowing the ethics board to maintain confidentiality. He shouted, "I have a right to face my accusers!" Me thinks thou doth protest too much, Mr. Bldg. Inspector. What are you so afraid of? The insider town employees and board members take care of the small town players in the hopes that they'll make sizable contributions to their campaign accounts but the second you accuse one of them of wrongdoing they suddenly all become saints and horrified that someone dared to complain about or question their behavior. Sue Mangold voted twice for the casino that her own brother stood to cash in on but how DARE you question her ethics! The bldg inspector acts scared to death about people being allowed to file ethics complaints and conceal their identity at the same time. Hmmm, what's up with that? The Supervisor sits with a blank stare refusing to explain anything; nothing suspicious there. Many, not all, of you are in some way "on the take." You make me sick for taking advantage of a small town for big personal gain. There will be accountability, if not in this life, than in the next.

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  16. Our readers may be interested in the report of the Gaming Facility Location Board available at this link:

    http://www.gaming.ny.gov/pdf/02.27.15.GFLBFinalAppendicesWebSmall.pdf

    It's clear from the report that the organized grass-roots opposition to the casino attempt made a significant contribution to "tanking" it.

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  17. I said all along that the state was looking to land the casino where it could avoid extremely well organized opposition like SAVE EAST GREENBUSH. I remember the day that a document a foot thick was delivered to the state in opposition to the project. Clearly, they didn't want to deal with the opposition in East Greenbush, it was waaay too much trouble! If Keith Langley had a mind to work with residents on project development in the town, instead of just the players and insiders, he could have saved himself a truck load of trouble and possibly sailed comfortably into a second term. Instead, no one trusts his decisions, his motives, or his intentions. He excels at disrespecting the common man and working deals without an iota of concern for the town as a whole or for the tax dollars he is shamefully squandering. Just when we thought it could not get any worse, it did! For that reason, I have started saying...
    NO LANGLEY, MALONE, MANGOLD 2016!
    Anyone who thinks Phil Malone is the answer to our town's problems, is frighteningly misinformed.

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  18. Gadfly, excellent find! Supervisor Langley's comment on the night of the decision announcement that he didn't hear anyone say that the SEG had any part in the Facility Location Boards decision was humorous considering the fact he, our Supervisor, didn't hear this because he didn't attend any of the meetings! It's also comical considering the 8 months worth of news paper articles that cited our efforts. Now, here it is in print Mr. Langley and here is and exerpt from the above link:

    “While Capital View’s ability to advance the objective of generating economic
    activity and business development was comparable to that of other Applicants in the region, among the Board’s concerns is that the level of public support for the Capital View project was significantly less strong than was the case for other Applicants in the region. The Board is concerned with the scope of local opposition to the Capital View proposal, despite the Town’s formal municipal endorsement of it…..The Board notes, however, that there was strong grassroots opposition to the project raising concerns as to its ability to commence operations in a timely fashion.”

    But, I will agree that the opposition wasn't the sole reason for their decision, the arrogance and the inability to follow proper procedures mixed with an utter disrepect toward your residents is why. We just ensured it didn't go unnoticed.

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  19. Mr. Langley, not only should you NOT run again, you really should resign. Go find a job where the welfare of others isn't so solely dependent on the job that you do or don't do, as the case may be.

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  20. The Facilities Location Board report was full of interesting findings. The Board did a very thorough job in assessing the 16 applications. They were able to see through Saratoga Casino & Raceway's nonsensical math, accusing them of inaccurate calculations and projections and admitting that the estimated economic impacts "could not be confirmed." Save East Greenbush was correct in its assertion that all construction jobs had not been promised to New York-based firms and that the revised amenities package was more fluff than substance. And as we pointed out over and over again, the Board concluded that Capital View would not be a resort destination but rather a small local or regional casino.

    Many other applications had similar problems. The report is clear that community opposition was the outstanding feature of this application. It showed how the SEG lawsuits rendered the Town Board's resolution of support irrelevant and noted that 94% of the 10,000 documents submitted were in opposition to the casino. The silent majority was responsible for 6% of the documents and virtually all of them were solicited, prepared and submitted by the developer, For all we know, there was not a single spontaneous statement of support made to the Gaming Commission. 94% - 6%!!!!!!! In statistical terms, that's more than a consensus, it's a massacre of historic proportions.

    Also in keeping with SEG's analysis, the Board found the site to be inappropriate and fraught with planning, zoning and environmental difficulties. On first reading my summary of what happened is that an arrogant, barely competent developer, aided and abetted by a clueless Town Board, were thoroughly routed by an overwhelming majority of determined, intelligent and organized residents. In organizational terms, Save East Greenbush proved far more adept than Saratoga Casino & Raceway and did so with less than one tenth of one percent of the financial resources available to Feathers and crew. Elected officials who are staking their political careers on the silent majority better read this report because right now they look like those cartoon characters trying to run on thin air because they don't yet realize they've already gone off the cliff.

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  21. Those same "silent majority" people tend to be equally silent/invisible on election day. Political committees spend hours on the phone on election day begging and pleading people to go to the polls and still only half of the number of enrolled voters actually vote. Are these the people Keith Langley is relying on to jettison him across the finish line in November? Fat chance. What's most annoying is that in the face of this astounding victory, four out of five board members are content to act like nothing ever happened. "It's time to move on," they say. And if the word casino is spoken out loud, they look thoroughly bored and disinterested. Maybe they would feel differently if they were saddled with the legal bills that were incurred to fight putting a big box casino in what amounted to Mr. Roger's neighborhood. November is now just a tick over nine months away. I so can't wait to get to the polling place to mark my votes. Once again I will hope for the best and hope against hope to not be as gravely disappointed with my choices as I am right now.

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    1. Anonymous 7:58, remind the Gadfly readers how many people are or were involved in SEG? If my memory serves me right there was well over 3,000. Does anyone remember how many votes the top vote getter had in the last election? I have a number in my head, but not sure if it is right or not? My point is that the SEG crowd has the ability to sway the election in whatever direction we want. Me thinks the incumbents have a problem!!! Lets hope so!!!

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  22. I'm wondering how the silent majority is going to feel once they find out about Keith "Honeybee" Langley?
    Stay tuned campers...

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  23. Speaking of misguided and disappointing public officials, who issued the certificate of occupancy for Honey Bee Spa? the new place on 9&20 offering "body rubs" from "pretty Asian girls"

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  24. For your weekend "research" boys and girls.....Looks like we might have a "happy ending" spa opening on Columbia Turnpike, just down the hill from Town Hall.

    http://albany.craigslist.org/thp/4906986858.html

    A quick look at PB and ZB materials doesn't reveal anything. Do PB and ZB and the Building Department and/or the Supervisor know anything about it? Property search says that Dzembo Enterprises, LLC owns the building, having purchased it from William Ross in 2013.

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    1. Drive by it...it is without a doubt the most sketchy place let alone spa ive ever seen come to our town!

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  25. Gadfly: It was predicted by more than one person that businesses like massage joints would flock to any town that might have a casino.

    East Greenbush, despite the "through rose colored glasses" view of our idiot town board members (Exception - Mary Ann Matters) is in a state of gradual but clear decline.

    No vision, no plans, no goals, no brains, no wisdom, no energy. Therefore: NO Langley, Malone and Hart/Mangold in 2015 !!!

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  26. Is anyone expecting a comment about this from the next report From the desk of: Keith A. Langley, Supervisor Town of East Greenbush?

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  27. FYI the new massage spa is directly across Columbia Tpke from the Tattoo Parlor on the corner of Sherwood Avenue. Welcome to Langleyville.

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    1. Yup, right next to the Gold pawn shop. It has stick on letters with a flashing open sign. The front room is empty with just a frigde and a curtain leading to your happy ending.

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  28. Langley and friends should head on down to the "spa" on election day this November....it's about as close to a happy ending they will get!

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  29. Take a look at this ad?, sums up the sketchyness! Im embarassed for our town.

    albany.backpage.com/TherapeuticMassage/luxurious-place-honeybee-spa-grand-opening/16100518

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  30. Latest "intelligence" is that it's cash only, men only, $65/hour. The building permit was issued to "partition walls," whoever he/she is.

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    1. At one point we were informed a spa was coming in, I believe it was at a Planning Board meeting when they said this, but how can there be no planning board minutes regarding this?

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    2. If you google the phone number you'll return a search with an erotic link (I didn't click it) that has the following summary:

      "26 years old, Therapeutic Massage, Body Rubs, craigslist: 10 ads, backpage: 2 ads | Magical Massage - Ithaca, NY - 12 Ads - 518-253-7545."

      I'm sure we're just NIMBYS against development in EG.

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  31. This town is really something else, didn't a single person pay attention to what was moving in there? This is just great, no wonder a legitimate business will not come to Columbia Turnpike.

    Great community to raise a family!!!

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    1. Yet they spent over a half hour questioning the man representing Walmart when he wanted to move their outdoor lawn products over a row of parking spaces, to which they owned. Yet another engineere presents another poject and the board asks what is the business and the engineer replied "I can't say," and their were no questions asked other than will there be landscaping and a sidewalk. It is scary how this town is being run into the ground.

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    2. Anonymous 10:27PM, one thing is for sure for me, as far as I'm concerned the way this town has acted with certain things being built in this area, the next time I need some work done there will be no going to the town with it. It seems to me when you take your stuff to the town they some how make a mockery out of it, and thus raise your taxes ASAP, and when you don't take it to the town they don't seem to give rats behind or don't even seem to know anything about it.

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  32. What's next Mr. Langley? A "Gentleman's" Club at the Wrangler's site on Columbia Turnpike?
    No Langley in 2015!

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  33. Jim_C- I'm sure Keith Langley either 1. Paid very close attention to what is moving in there or 2. Will deny knowing anything about it and will say "he will look into it" when he's asked. Just like he didn't know anything about the undrinkable water in the Manor.

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  34. The town board members probably didn't realize it then but when they voted last April to welcome a gambling casino to EG, they opened the door to related businesses like pawn shops, tatoo parlors, shops like Adult World (I've always wondered what's really going on in there), OTB parlors, and now the sex trade industry, but Columbia Turnpike is not legally ZONED for these types of businesses. These types of businesses are zoned to be located on Rt 9J in Rensselaer. These business owners come in disguised as something else (Adult World was originally supposed to be a news stand) and next thing you know the owners are putting full length black curtains on the windows and changing or expanding their services. The Bldg. Inspector has the legal authority to shut them down. The police need to look into what's really for sale at Honey Bee Spa. My real point is that casino or not, SEG needs to stay on the job to prevent EG from turning into a casino-free casino town. As I said, the door was opened. We must now continue the fight to SAVE EAST GREENBUSH!
    Thank you very much, Mr. Langley et al.
    NO LANGLEY 2015 or ever!

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  35. Honeybee Spa????????? Looks like they'll be selling some other kind of relief instead of massages. LET'S VOTE LANGLEY OUT and before we do, let's force the Building Inspector to DO HIS JOB and shut this place down!

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  36. I am a registered independent. This is for all my democratic party friends and neighbors.

    Just because the only choices you may have for town board include people like Phil Malone and Sue Hart/Mangold that does not mean you automatically have to vote for them.

    Both Malone and Mangold - as well as Langley - need to be held personally responsible for the continuing junk bond status and a whole host of other serious problems they have left unaddressed.

    Thank you.

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  37. http://www.timesunion.com/news/article/Site-of-proposed-casino-to-be-sold-6113181.php

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