Freeport
Village Hall, July 10th and July 17th, 2000
ALL THE ACTION HAPPENS AFTER EVERYONE GOES HOME
GLACKEN CONTINUES BONDING RESIDENTS INTO OBLIVION
by Stewart Lilker
July 10, 2000
As usual, all the action at the July 10th Village Board meeting took
place after the public went home, during what Mayor Glacken has called
the "second session.". The Board blasted through the published
agenda in twenty minutes. The highlight on the evening's agenda was the approval
of the purchase of an 18,000 sq. foot vacant property, known as 44 St.
Johns Place. As usual, there was no Board discussion before the
unanimous vote to purchase the unimproved parcel from Maxine Levy for
$210,000. After the purchase, the Board moved into executive session.
Although a member of the maintenance staff was on duty, the Mayor
ordered the building locked, in clear violation of the intent of the
Open Meetings Law, as it is impossible to have an open meeting in a
locked building.
After an hour, the Board reentered the
main meeting room. Glacken yelled down stairs for somebody to unlock the
door and then proceeded.
Glacken made a motion to reconvene into
open session and quickly began to make another motion. All that could be
discerned was that Glacken appeared to ask for approval of what appeared
to be an agreement between the Village of Freeport and Tom somebody. As
soon as he began to articulate the content of the motion, he put his
head down, put his hand over his mouth and began speaking a mile a
minute. Glacken made himself totally unintelligible.
It was also impossible for your reporter
to ask about the content of the motion, as Glacken had illegally
suspended the public’s right to question the Board about pending
resolutions during their "second sessions." Your reporter was
less than ten feet away and his tape recorder did not pick up what
Glacken said, either.
FreeportNYNews has checked with the NYS
Department of State’s Committee on Open Government regarding the Mayor’s
totally unintelligible speech, as well as the general inability for the
public to hear what is going on in Village Hall during the Board
meetings. Mr. Robert Freeman, Executive Director of the Committee on
Open Government has pointed to section 100 of the Open Meetings Law and
it’s legislative declaration, which states:
"It is essential to the
maintenance of a democratic society that the public business be
performed in an open and public manner and that the citizens of
this state be fully aware of and able to observe the performance
of public officials and attend and listen to the deliberations and
decisions that go into the making of public policy. The people
must be able to remain informed if they are to retain control over
those who are their public servants. It is the only climate under
which the commonweal will prosper and enable the governmental
process to operate for the benefit of those who created it."
(emphasis added)
Director Freeman has stated that,
"... public bodies must conduct meetings in a manner that
guarantees the public the ability to ‘be fully aware of’ and ‘listen
to’ the deliberative process." "... the Board must in my
view situate itself and conduct its meetings in a manner in which those
in attendance can observe and hear the proceedings. To do otherwise
would in my opinion be unreasonable and fail to comply with a basic
requirement of the Open Meetings Law."
The Second Session
The Board also appeared to make four or
five other motions during the second session which were also mostly
unintelligible. Your reporter was able to distinguish that the Board did
approve the expenditure of Village funds, totaling approximately
$530,000 to buy two parcels on Merrick Road. Those were 21 and 23 East
Merrick Road. The Board again had no discussion regarding those parcels
and gave no indication why the Village needed to spend over a half a
million dollars for them.
The meeting finally adjourned at 9:05
p.m. Go
to July 10th Agenda.
July 17, 2000
Glacken
Continues Bonding Residents Into Oblivion
An Ill prepared Board Bonds 7.1 Million Dollars
The major topic of discussion during the
July 17th Village Board meeting was the additional bonding by the
Village of another 7.1 million dollars. Go
to July 17th Agenda.
North West Civic Association President,
Ken Bagatelle was the first one up to the inoperative microphone.
Bagatelle asked the Mayor about the term of the bonds.
Glacken appeared to be put off by the
question and told Bagatelle, "We’ve already had this question
from you on previous occasions." Unfortunately, the terrible
acoustics and Glacken’s refusal to speak into the microphone made the
rest of his remarks unintelligible. When Bagatelle asked if it would be
appropriate to pay for some of the smaller bonds, Glacken interrupted
him, saying, "No, it is not appropriate. These are capital
improvements. You don’t use operating revenue to pay for capital
improvements. You use capital funds for that. And you know that."
Bagatelle shrugged and sat down.
Your reporter, a homeowner in the
Village was next up to the inoperative microphone and asked the Mayor
when he knew he was going to bond all the items on the agenda. (Go to
Bond Items). Your reporter said, "I tried to get the agenda this
afternoon and they said it wouldn’t be ready until tonight."
Glacken said that he had been working on the Bonds for a couple of
months, since the last issuance in May. Your reporter asked, "Did
you know before 4:30 this afternoon?" The Mayor answered, "Of
course we did." Your reporter asked why the agenda couldn’t be
released, so that residents could study it and ask intelligent
questions. The Mayor explained that he didn’t want any typos. "We’re
ready to go when we’re ready to go," he said.
Your reporter asked about item
"b" on the agenda, the bonding of $200,000 for the
construction, reconstruction, resurfacing and widening of various
highways, roads and streets in the Village. Neither the Mayor nor the
Trustees had an idea of what was being bonded. After the Mayor said that
he believed that it was primarily for South Brookside Avenue, Lou
DiGrazia, the Supt. of Public works, explained that it was for Sterling
and Lester. Glacken seemed surprised, saying, "Oh, this is for
Sterling [and] Lester?" DiGrazia added that the bond was
also for "some seed money that was used for design."
Your reporter then asked the Board,
"With all due respect, did anybody read this? Nobody knows what you’ve
got going on here." Glacken responded, "Do you have a
question?"
As DiGrazia explained item
"c", the $200,000 bond to replace trees, it was clear that
neither Mayor Glacken nor the Trustees knew what the item was about.
The same was true for item
"d". Your reporter asked Trustee White, "Do you have any
idea Mr. White, what parking meters we are replacing for a hundred
thousand?" Trustee White, unable to answer, could only respond,
"Address your comments to the Mayor." Your reporter then asked
Glacken, "Do you know what parking meters?" The Mayor didn’t
know and DiGrazia had to explain to the Mayor, White and the others that it was
for the replacement of all the parking meters in the Village.
Your reporter then inquired about item
"e", the request to bond $995,000 for the acquisition of real
property and the construction of parking lots. Glacken tried to explain,
"We’re looking at an estimated price. Two hundred and five
thousand dollars for Beautyrama property. Three hundred twenty thousand
for Collins. And two other properties."
Your reporter asked, "Which ones
are those? I missed it. When did you buy those other two
properties?"
Glacken asked for the help of his
brother in law, mob/Village attorney Edwards, who explained, "We
are in negotiations for that real estate."
Your reporter asked, So how can we
appropriate the money for something you haven’t purchased."
Glacken said, "We expect to sign a
contract very shortly."
The Board then approved a combined total
of over $2,500,000 dollars worth of bonds for improvements on Woodcleft
Avenue. This is in addition to the millions of dollars of prior bonding
on Woodcleft. Glacken explained that the salaries of the workers of the
Electric Department were bonded for thirty years, even though they were
already paid. Previously, some merchants on Woodcleft told FNYN that
they thought that the Woodcleft Avenue project was going to be conducted
as a Business Improvement District (BID). A merchant who asked not to be
identified told FNYN, "I think most of us thought this project was
going to be a BID. Hey, if the Village wants everybody to pay for the
improvements down here, we’re not going to complain."
When your reporter questioned item
"j", (Go to
Agenda), DiGrazia explained that "j" was
for "developmental charges." According to DiGrazia, these
charges amounted to $347,000. When asked if we hadn’t already paid for
this, DiGrazia explained, "We had other money left in the bond, the
first bond, four million." "We needed another $350,000 to meet
those expenditures." DiGrazia continued, "So we reduced the
moneys we had to pay the contractor. We needed an extra three hundred
and fifty thousand to meet those expenditures."
Your reporter then asked, "So we
had money left over from other bonds? Do you have any idea how much we
have left over?"
Someone from the administration said,
"We can look that up." DiGrazia said, "Any leftover money
gets to pay down the debt. It doesn’t go into the bank." DiGrazia
continued, "After the project is closed out, we close out the
project. The treasurer is notified to close out the project. Any money
that might be left over, gets added to pay for ---."
Your reporter asked, "How do we
have leftover money?" Neither the Mayor, the Trustees, nor the
Village Attorney, the master mind behind all this bonding,
would explain this.
When your reporter asked about the
$500,000 dollar parking lot in item "k", it was explained that
this was for a parking lot for the Freeport Recreation Center. The
approval of the $210,000 dollars to acquire the vacant lot was
accomplished at the July 10th meeting. Glacken
explained that the additional funds [$290,000] were to be used to pave
the parking lot.
Item "m" on the agenda called
for the bonding of another 1.82 million dollars on Woodcleft. When
the Mayor was asked if we just didn’t bond some of that, he said,
"No."
Your reporter asked the Mayor,
"Letter ‘t’ Your Honor is two hundred and thirty thousand in
municipal bonds for the purchase of fire fighting vehicles and
apparatus. I’m just wondering what that is. And ‘s’." The
Mayor and the Trustees fumbled around with their papers looking for some
explanation. When it was apparent that they didn’t have any, Edwards
jumped in. "One of those items is the replacement of engines ---
apparatus. It’s a chassis for two hundred thousand dollars. The other
is a mask service unit vehicle for thirty thousand dollars." Your
reporter asked, "Do you know what that is?" Edwards explained,
"A mobile unit for the masks to be carried around for the Fire
Department."
When your reporter asked about item
"v", a request for a resolution authorizing "the sale of
$333,600.00 in municipal bonds for the construction of an addition or
additions to or the reconstruction of various buildings of the Fire
Department within the Village, including without limitation,
Headquarters and all company buildings and Hose Company 5," once
again neither the Mayor nor the Board had a clue what those items were
about.
Once again, Edwards had to jump in to
save the Glacken team. "Mayor, it’s broken up. Eighty thousand
dollars of it is the overhaul of the HVA system. The HVAC system. The
renovation of the windows apparatus --- is fifty thousand. There is
asbestos roof project at Hose 5, for thirty thousand eight hundred
dollars. The HVAC at Headquarters --- is being replaced for thirty two
eight. And --- renovations at the various hose, headquarters and hose
companies at a hundred and forty thousand. It comes in at two thirty
three, six."
After Edwards explained item
"w" Glacken’s budget advisor, Mr. Green, explained that the
total amount of bonding amounted to 7.1 million dollars. During his
explanation, Village resident Louise Simpson, jumped up and shouted out
her displeasure about not being able to hear what was being said.
FNYN was interested in obtaining a
detailed breakdown of the bonded items. During the meeting, as Edwards
explained the breakdown of the various items of which your reporter
inquired, it was obvious that he was reading from a document that was
not in possession of either the Mayor or the Trustees.
Your reporter looked Glacken and said,
"My final question. The name of the document Mr. Edwards is looking
at?"
Edwards, clearly not waiting for Glacken to
respond, replied, "It’s the calendar."
Your reporter, not sure what he heard
said, "Sir? The list of all these items that have gone before ---.
What’s it called?"
Edwards responded, "The
Calendar." Your reporter, "Just the Calendar?" Edwards,
"Cal -- En -- Der." Your reporter, "Thank you."
Murphy Records Meeting
FNYN has requested that
"Calendar" pursuant to the Freedom of Information Laws of NYS
and will make it available on this site as soon as it is received. FNYN
has also requested, pursuant to FOIL, to hear a copy of the audio
tape of the July 17th meeting, made by the Village Public
Relations Person, Pat Murphy. It appears that the Village is now
recording specific portions of the Board meetings. Ms. Murphy made it a
point to record your reporter.
The Residents Speak
Eileen Weaver came to the microphone and
addressed the Mayor and the Trustees about the lack of a timely agenda.
Weaver, a long time resident and community activist, said, "As a
citizen of this Village, I have to state that it is unconscionable for
you to bring these bond issues and not give us, as citizens, a chance to
do any kind of research. I’ve sat here stunned. Seven point one
million. That’s a lot." Ms. Weaver also complained, as others
have for over two years, that speakers could not be heard in the back of
the Board room.
Carol Nelson then addressed the Mayor,
also complaining about the lack of an agenda and the missing
explanations. Glacken told Ms. Nelson that he had discussed everyone of
these projects in the Freeport Report. FNYN has examined the Freeport
Report and found this was not true. Ms. Nelson told the Mayor that the
citizens of Freeport were moving out. Ms. Nelson added, "I cannot
believe that after the School Bond, this is going on, too." As Ms. Nelson
was explaining that she thought the $210,000 dollars paid for the empty
lot on St. John’s Place was excessive, Glacken was shuffling through
his papers. When Ms. Nelson realized that Glacken was ignoring her, she
said, "I’m not talking to you any more. You’re disrespectful to
me. How dare you." Ms. Nelson turned and went back to her seat.
Also during the public comment portion
of the meeting, long time Glacken supporter, Michael Raab, defended his
right to complain when he saw conditions in the Village that needed
attention. Explaining his former complaints about public urination and
the continuing lack of police patrols on Main Street, he said, "I
came in here very hot headed, for a very good reason. My heart is
focusing on one thing and that’s to make sure that Freeport is a
better place to live." Raab claimed, "Since I brought that
issue up, there has been an increase of Police presence on South Main
Street."
For years, residents and merchants alike
have been complaining about the lack of a Police presence on South Main
Street. Some residents have compared Main Street to East New York,
before its recent renovations. Neither the Mayor nor the Police
confirmed Raab’s claim that Police presence has increased since he
complained.
Vincent Greco again came to Village Hall
to talk about the pollution at Power Plant Number 2. Previously, when it
was brought to the Mayor’s attention that diesel fumes cause cancer,
Glacken emphatically stated that, "Diesel fumes don’t cause
cancer." Greco gave the Mayor a stack of papers showing that diesel
fumes cause cancer and asked him to read them.
The Second Session
The Board adjourned into executive
session and came out at 10:15 p.m. Glacken yelled for somebody to unlock
the doors. As has been Glacken’s practice during these second
sessions, he once again spoke into his hand and mumbled making it
impossible for your reporter to understand what he was saying. A careful
examination of the tape of that portion of the meeting revealed that
Glacken had made three resolutions.
The first one seemed to be for a Request
for Proposal (RFP) for something. Glacken seemed to make sure that he
couldn’t be understood.
The second resolution seemed to be to
hire somebody, Glacken mumbled the name, as a PE for $75,000 for one
year.
The third resolution Glacken again
mumbled through. A careful examination of the audio tape revealed that
apparently the Board was being asked to vote for some sort of revised
proposal regarding the selling of the Village Tax Liens. Apparently this
was to replace or supplement a prior agreement. This one seemed to be
for three years. Glacken proposed no dollar amount.
Replacing Edwards, Deputy Village
Attorney, Howard Colton, sat silent with the Board, as Glacken flaunted
the spirit and intent of the Watergate inspired NYS Open Meetings Law.
FNYN asked resident Carol Nelson, who
had waited for the Board to reenter into open session, if she understood
any of the resolutions made by Glacken and unanimously approved by the
Board. Ms. Nelson said, "No. I don’t have any idea what they
said."