Month: November 2019

The Times Union’s article on the Saratoga Springs elections was, if nothing else, consistent with their ongoing message about Saratoga Springs politics. Here are several excerpts from the article.

“Madigan was also boosted by large donations totaling $52,000 — many from developers, builders and supporters of Saratoga Hospital’s expansion. “

“Morrison, who had less than $20,000 to spend, ran with a message of “Your Voice, Your City,” casting herself as a representative of the average citizen over monied interests. Her primary win, however, opened up a rift in the city’s Democratic committee that led to a host of resignations. “

Contrast this with the Gazette coverage which was brief:

“Madigan ran on her record, which includes cutting or holding property taxes in the city steady for the eight years she has been in office. Morrison criticized her for being too close to developers in the city. “

And there was this from the TU article on the Public Safety Commissioner race:

“Hicks got early support, but Dalton was shored up by more than $33,000 in support from many of the same donors who supported Madigan. “

And in contrast this from the same Gazette article:

“Hicks, a career member of the National Guard, has faced criticism over a 2013 domestic violence arrest (charges were dismissed) and other personal matters, and was running without support from the city Democratic Committee. “

So the take by the TU was that the results of the election were based on the largess of the business community in support of insiders over feisty outsiders.

I go with the Gazette view. The challengers had to overcome a city on a roll. Working in harmony with other members of the Council, Mayor Meg Kelly had brought to closure major issues that had vexed the city for a number of years. In particular, they were issues that festered under Mayor Yepsen whose terms were marked by ugly conflict at the City Council table and an inability to move forward on any of the initiatives begun during her tenure.

So with the City Center ready to build its parking facility, a location for the long needed east side EMS station established, the legal actions blocking the bike trail resolved, a new facility for Code Blue for at least two years located, the eighth year with no tax increase, and a Council table free from bickering and infighting, the challengers had little in the way of concrete issues to go to the public about. The Hospital expansion was about the only question of substance and the challengers were unable to rally the public in opposition.

To her credit, Commissioner Madigan was a tireless campaigner. She knocked on door after door right up to the day of the election. She needed to because her opponent, Patty Morrison showed similar grit.

The only other issue the challengers had was the incident of Commissioner Madigan’s emails to Scott Solomon but apparently it did not find enough traction to undermine her campaign.

I find it interesting that the Times Union never wrote a story on the Solomon emails. Given the TU record in their coverage of Commissioner Madigan it seems more than strange that there was no story. I would love to know why they never covered it.

As for the victory of Robin Dalton over Kendall Hicks for Public Safety Commissioner, I again go with the Gazette story. It was not money that was at the root of Dalton’s victory. The police report on Kendall Hicks that alleged he had battered his girl friend along with the letters to him from a woman convicted of using her underage daughter to produce pornography raised sufficient doubts about his suitability to be Commissioner to doom his campaign.

In the end, it is hard to campaign against success.

All but one district in Saratoga Springs has reported as of the time of this post (10:53 November 5, 2019). Meg Kelly won decisively over her opponent, Tim Holmes, 66% to 33% in the race for Mayor.

A malfunctioning voting machine will not yield results tonight from the last district. Enough results are in, though, to call the following races:

Robin Dalton won over Kendall Hicks in the race for Commissioner of Public Safety.

Skip Scirocco won over Dillon Moran for Public Works Commissioner.

Michele Madigan won over Patty Morrison for Commissioner of Finance.

A group calling itself Save Morgan Street have put out a mailer that both attacks Saratoga Hospital and urges voters to cast ballots against Commissioners Michele Madigan and Skip Scirocco in this Tuesday’s (11/5) election.

The mailer itself is in violation of the New York State Municipal Law governing elections and campaigning. In order to spend money on activities that support or oppose candidates, New York requires a group to register with the New York State Board of Elections. If they spend less than $1,000.00 they must then report both the contributions they receive and their expenditures to the County Board of Elections. If they go over $1,000.00 they must report this information to the state. I have checked with the Saratoga County Board of Elections and the website for the New York State Board of Elections and this group is not listed anywhere as a committee.

This omission by them could be an oversight but it is emblematic of the carelessness reflected in the content of their attack.

Dr. David Mastriani has written an excellent piece for Saratoga Today to respond to the Morgan Street group’s mailer so I will not repeat his points. [JK:I was unable to get a link to the story so the image of the article appears at the end of this post. Saratoga Today can be picked up all over town]. I would just note as one example of the gross errors in this document that it alleges that the hospital wants to build forty-two homes as part of the project. In fact, the Comprehensive Plan’s designation for the parcels does not allow any structures other than medical offices.

Here are some additional points of clarification:

1. The letter urges votes against Commissioners Scirocco and Madigan because they allege these Commissioners voted twice in support of the Hospital. No such votes ever occurred.

The mailing refers to two events. In the first case, the Hospital had applied to the city to build their medical building as a Planned Unit Development. There was never a vote because both Mayor Joanne Yepsen and Commissioner John Franck abstained. Four votes were required to pass the resolution and since the abstentions left only three Council members eligible to vote, the vote never occurred. Similarly, a later attempt by Commissioner Chris Mathiesen to change the Comprehensive Plan so that an office building could not be built in the neighborhood failed to get a second from any of the other Commissioners. Again there was no vote.

2. The neighbors assert that the Hospital attorney used “a loop hole” to circumvent a requirement to notify the neighbors of a zoning change. This kind of allegation ignores how the city makes land use decisions.

The Hospital first tried to get city approval, as noted earlier, through the Planned Unit Development process. The neighbors had been notified of this and it was their opposition that required the super majority vote which never took place because of Yepsen’s and Franck’s abstentions.

The Hospital’s request for a change in the zoning of the land they wished to develop was next considered as part of the Comprehensive Plan process.

The process by which the city decides on the appropriate use of land within its boundaries is routinely done through the drafting of a Comprehensive Plan. The Comprehensive Plan Commission is appointed by the Mayor. It crafts the plan through a process of meetings that are not only public but videoed.

In the course of their deliberations the most recent Commission approved a number of recommendations for changes in land use in addition to the area where the Hospital wished to build. The process was both very public and extremely contentious. The Commission failed to finalize the document due to the irreconcilable divisions in the group. The City Council under Mayor Yepsen then resolved the outstanding recommendations and unanimously adopted the plan which included the changes in the designation of the land where the Hospital wished to build.

While the decision to allow for the change the Hospital sought in the plan was done in an open meeting and passed unanimously there is no question that the neighbors were unaware that this proposal was being considered. There is no requirement in this process to notify neighbors of changes that are being considered throughout the city. This had nothing to do with some kind of loophole exploited by an attorney.

3. The flyer asserts that the city is promoting the Hospital project because there is a “…webpage on the City’s Official website with a ‘FAQ’ sheet for the expansion.” They are referring to the original 2015 Planned Unit Development application that failed but by law is required to be accessible to the public. To comply with the law the application was posted on the city’s website. This is a very old document that is no longer active. They also note that the PUD proposal refers people with questions to a representative of the hospital rather than to the Planning Department. This is because as a PUD the responsibility for the application rests with the applicant and not the Planning Department. These all fit within the requirements of how PUDs are approved or denied.

I have sympathy for the people in the neighborhood. People are understandably concerned about the impact of a large project. They do their cause no service, unfortunately, by making ill informed and inaccurate accusations.

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The voters receiving this flyer from Dillon Moran can be pardoned for believing it is a memorandum from the New York State Department of Health citing the city for a water quality issue. The word “Violation” appears to be stamped on it.

In fact this is a fake document created by Mr. Moran’s campaign. The city was not cited with a violation and this document did not originate with the New York State Health Department.

The purpose of this document is to make people fearful about their drinking water and to make people believe that Commissioner Skip Scirocco has failed in his responsibilities to protect the public.

The reader will note that the document which is unsigned is dated September, 2017. What is most disturbing is that the chart that appears to be part of this memo was actually from a document issued by the Department of Public Works in May of 2018.

I have written to Mr. Moran asking where I can find the document he has put on his campaign mailer but so far he has not responded.

A little history and a little science is required.

The chemical Trihalomethanes (TTHM)is a byproduct of Chlorination as is indicated on the chart on the Moran flier. The chemical is formed when Chlorinated water sits for a sustained period while in contact with organic matter.

The incident Mr. Moran is highlighting occurred in 2017 when this chemical was detected in water on the Skidmore Campus. Apparently, when the water in some storage facilities there sat idle during the summer, TTHM was produced. In a notice to students on December 20, 2017, Skidmore official Michael D. West advised students that water samples taken in August of that year tested positive for the chemical. In his notice he wrote:

“Skidmore administrators are working closely with officials from the City of Saratoga Springs water department and the New York State Department of Health to learn more about plans to minimize formation of the byproduct when water use is low.”

No further incidents have occurred.

The reader will note at the bottom of the flyer with a bold red background, there is a quote from Mr. Moran that states:

“Over use of a known carcinogen because it is cheap, to treat our water is reckless.”

As the reader can see, the city is not treating its water with TTHM. I think the term reckless might be better used in characterizing this flyer with its inflammatory allegations and its deceptive depiction of a document as though it were issued by the New York State Health Department.

In an article published in the October 31 edition of the Gazette, Kendall Hicks denied receiving letters from prison from a woman convicted of child pornography involving her daughter. Mr. Hicks told the reporter that he was on active duty and that the woman he was then living with failed to forward the letters to him.

The problem is that he was stationed locally not oversees at that time. In fact the envelopes show that neither letter was sent to his home address where his then partner was living. Letters were sent to his post office box in Saratoga Springs and to an address in Johnstown. Mr. Hicks owns apartments in Johnstown where presumably the correspondence was sent.