Franklin Community Center Gets $1,000,000.00 Donation Toward Purchase of Masie Center

The Franklin Community Center has received a donation of $1,000,000.00 from Mike and Stacey Arpey toward the purchase of the Masie Center. Eliot and Cathy Masie have dropped the asking price from $2.6M to 2.1M as part of the effort.

This is a link to the WNYT story.

While Saratoga County Virus Spikes, Saratoga County’s Government Flounders

[JK: A reader has written to me advising that Karl Zeilman was employed by the county years before he became the Saratoga County Republican Chairman]

On Monday, December 7, 2020, Saratoga County set a record for COVID infections with 101 reported. There has been a 145% increase in cases during the last two weeks.

WNYT has had two stories that expose the woefully inadequate efforts being made by Saratoga County to do contact tracing to help control the outbreak of the virus.

The WNYT story on Tuesday night (December 8, 2020).

The WNYT story on Wednesday night (December 9, 2020).

According to research done by WNYT, there should be 30 contact tracers per 100,000 population. Saratoga County has a population of 229,863. Using that metric, we should have 69 tracers. In fact, according to the Daily Gazette the county currently has only 23.

The WNYT story documents that Saratoga County residents who were found to be positive for the virus and were told they would be contacted by a tracer subsequently heard nothing.

Dr. Daniel Kuhles, the newly appointed Saratoga County Health Commissioner, told WNYT that the county is working on hiring more tracers.

I checked the county website and found that the notice for hiring additional contact tracers was not posted until December 2, 2020. Given the dire warning issued by the Center for Disease Control (CDC) that the Thanksgiving Holiday would result in a dangerous spike in cases, it is hard to understand why the county would wait until December to start to hire more staff.

When Dr. Kuhles was asked by Channel 13 if he expected to have enough staff to contact all infected cases he answered, “I can’t predict the future…It’s certainly our goal.”

Consistent with the way this county operates, the process is completely opaque. It remains unknown as to why it took so long to decide to hire more tracers. It is also unknown as to how many tracers the county plans to hire.

It would be helpful if our Saratoga Springs Supervisors, Tara Gaston and Matthew Veitch, took a more public role in explaining why the delay and what the plan is for addressing the need for proper tracing.

All of this seems like an extension of the county’s COVID salary bonus debacle.

I would remind the readers that the chair of the Saratoga County Republican Party, Karl Zeilman, is also the head of the county’s Emergency Response Center. It seems to me ill advised to have such a partisan individual in such a high profile position especially in light of what Channel 13 has exposed. I have no way to know how capable Chairman Zeilman is but the fact that he is the County Republican Chairman creates the appearance that he got his job through cronyism. In the interest of credibility, Chairman Zeilman should consider seeking some other employment.

This county seems to blunder from one expose of incompetence to the next.

Historic Phila Street Properties Proposed for Demolition

I received this message from the Saratoga Springs Preservation Foundation concerning a proposal to demolish historic buildings on Phila Street. As unfortunately has happened with other historic properties in town, the owners of 65 and 69 Phila Street have failed to maintain these structures in violation of state and local regulations and are now requesting demolition due to the condition of their properties. The Design Review Commission will review the owners’ applications for demolition on Wednesday, December 9th at 6:30 PM via Zoom.

More Unpleasantness From The Saratoga County Government: Ineffective Committee Created To Deal With Police Reform As Required By Cuomo Executive Order

Top view of multiracial stacking hands – International friendship concept with multiethnic people representing peace and unity against racism – Multi racial love and integration between diversity

In yet another example of their tone deaf approach to government the Saratoga County Board of Supervisors has established something called “Executive Order 203 Compliance Group” to address the issue of police reform and race. This was in response to executive order 203 issued by Governor Andrew Cuomo requiring municipalities to re-evaluate their law enforcement agencies with special consideration to problems of race.

In order to put the county’s committee appointments in context it is helpful to compare them with the city’s.

As readers may recall, the city of Saratoga Springs established its committee several months ago. The deadline to submit reports to the state from these committees is in February and given the scope of the charge by the executive order, this is not far off.

The Saratoga Springs committee is a diverse group drawn both from the community as well as from the ranks of public safety. Saratoga Springs Police Chief, Shane Crooks, is on the committee. It includes people of color. It is chaired by persons of color. Here is the list of the city’s committee:

Camille Daniels (Co-Chairperson) 
Jason Golub (Co-Chairperson)
Vince DeLeonardis, City Attorney
Winston Grady-Willis, Skidmore College
Terry Diggory, Saratoga Immigration Coalition
Daesha Harris, MLK
Chuck Caputo, Saratoga Pride
Shane Crooks, Chief of Police
Andrew Sephas
Cecilia Hayes
Steven Boxley
Kimberly A. Galvin
Kristen Dart

The city’s website includes extensive supporting documents to assist the public to both understand the issues and to better participate. Note the publishing of police policies for activities related to the use of force.

This is what transparency is all about.

Related Documents

  1. NYS Police Reform and Reinvention Collaborative
  2. Executive Order 203
  3. SSPD Policy 300 – Use of Force
  4. SSPD Policy 302 – Handcuffing and Restraints
  5. SSPD Policy 303 – Control Devices
  6. SSPD Policy 304 -Conducted Energy Device (TASER)
  7. SSPD Policy 305 – Officer-Involved Shootings and Deaths
  8. Use of Force Model Policy, NYS MPTC
  9. National Consensus Policy and Discussion Paper on Use of Force
  10. Recommended Guidelines for the Use of Conducted Energy Devices, NYS MPTC
  11. New Era of Public Safety – Chapter 1
  12. New Era of Public Safety – Chapter 4
  13. Arrest Totals by Residence, Race, Gender.pdf
  14. Lexipol Agreement for Use of Subscription Material

Saratoga County: A Club Closed To The Public

In a recent Times Union article, with a flourish of magical thinking, the Board of Supervisors self congratulated themselves by extolling the appointees to the county committee as “diverse group of local stakeholders.”

The make-up and charge to the committee is available on the county website.

The committee is co-chaired by the county’s Director of Mental Health Michael Prezioso, and by the Undersheriff Richard Castle. In addition it includes:

District Attorney Karen Heggen

Public Defender Andrew Blumenburg

Assistant County Attorney Michael Hartnett

Malta Supervisor Darren O’Connor

Mechanicville Supervisor Tom Richardson

Opal Hinds, Attorney practicing in Schenectady

Racism? What Racism?

Ms. Hinds is the only member of the committee that is not employed by the county and the only member of color. Ms. Hinds is originally from Jamaica. She is an attorney practicing law in Schenectady. According to the Times Union article Ms. Hinds told the newspaper that ?”…she has not had any negative experiences regarding racism in the U.S.” I find this rather stunning. At the risk of sounding snarky, I am impressed by the ability of the county to find a person of color for their committee who has not experienced racism.

To their credit, the committee has met frequently. They have met five times including their first meeting on October 27.

I have skimmed the minutes of the meetings. What impresses me is both the earnestness of the members of the committee and their obliviousness regarding their insularity. Bare in mind that this committee is supposed to be addressing racism as it affects law enforcement. For all the time they have met, the word racism has hardly appeared in their minutes. Granted the meetings do include thoughtful discussions regarding issues like the use of body cameras and the role of School Resource Officers assigned to schools.

This apparent myopia has to do with the fact that the members of the committee are all white with the exception of Ms. Hinds who herself allegedly has little experience with racism.

They have apparently solicited input from some groups from the general community. One meeting included participation by the superintendents of area school systems and another had participation by clergy. As far as I could tell, all the clergy were white.

It should be noted that Saratoga is a very white county. According to minutes from their meetings, the county is 94% white.

Chair Dr. Prezioso: Poster Child For Disfunction and Cronyism

Dr. Michael Prezioso is the co-chair of the “Executive Order 203 Compliance Group.” He is the director of the County Mental Health Department. Dr. Prezioso had previously worked for New York State. In 2008, the Office of Mental Health investigated Dr. Prezioso and determined that he had been guilty of systematic sexual harassment of a secretary in his office. The state ended up awarding moneys to the secretary for her ordeal. Classically, among Prezioso’s duties at the Capital District Psychiatric Center was to train people on issues of sexual harassment.

The New York State statute that set up county mental health departments established mental health advisory bodies. In order to prevent the hiring of directors of mental health offices from being political appointees, the advisory body is required to have a majority of credentialed mental health professionals and it is this body that is supposed to select the directors.

As I documented in blog posts at the time, the Board of Supervisors circumvented the advisory committee and state law when they hired Prezioso. Prezioso had been active in Republican politics in Saratoga County. Following his hire, his management of the local Mental Health Department resulted in serious staff problems documented in my blog and in the media.

Here are some links to these related stories:

Staffing Crisis Under Prezioso

Politicians Acting Badly

Who Hired Michael Prezioso

Board of Supervisors Violate State Law In Hiring

Saratogian Newspaper Confirms Violation Of State Law In Hiring Prezioso

Scandals Plague Saratoga County

Frank Archangelo Enabler

Matt Veitch Dismisses Need To Adhere To Mental Health Laws

More On Matt Veitch and Prezioso

Supervisor Tara Gaston: Classic Double Speak

In the Times Union article, Tara Gaston offered a statement that is emblematic of her approach to county government. I will let the readers judge what she meant in the excerpt.

Saratoga Springs Supervisor Tara Gaston, who has been critical of time it took to appoint a committee, said that she is not concerned with the membership. She is concerned with how it will hear those silent voices.

“I agree it should be a more diverse committee because you can’t figure out if you are missing anything or not if you don’t have voices on the committee,” Gaston said. “However, if that committee is reaching out and doing appropriate engagement with populations that aren’t represented in that particular group, then I lean toward accepting their recommendations. But I’m not sure they are doing it.”

Times Union December 2, 2020

Business As Usual At Saratoga County

The leadership of the Saratoga County Board of Supervisors takes no chances. Their selection of the members of the “Executive Order 203 Compliance Group” insures that thorny issues will be ignored and that nothing remotely critical of the county will emerge as a result of their deliberations.

City Adopts 2020-2021 Budget: No Layoffs

I received a press release from Commissioner of Finance Michele Madigan reviewing the recently adopted budget (December 1, 2020) for next year. The release is well crafted and easily understood and worth the read. The budget was unanimously adopted by the Council. Here are some highlights:

The total of the proposed budget comes to $46,226M down from this year’s budget of $49M.

There is a 6% increase in the city tax rate. This is the first tax increase in nine years.

The monthly increase will range from $6.00 for a home assessed at $200,000.00 to $20.00 for a home assessed at $650,000.00.

The city budget assumes federal aid. The New York State Comptroller has encouraged local municipalities to make this assumption at this point rather than cut services.

In the past the city has paid into the retirement fund early (December) in order to get a modest discount. The city will now reset the 2021 payment to February of 2022 with no penalty. If, hopefully, the federal government comes through with COVID assistance, these moneys will be used to make the retirement payment during 2021.

The city will sell some of its property.

The budget anticipates a decline of 50% from the 2019 New York Racing Association admissions revenue.

The budget also assumes decreases in sales tax, mortgage tax, and VLT aid.

Pro-charter Group Outspent Opposition Two To One In Failed Attempt To Pass Charter Change

Interestingly, as of this morning (December 2, 2020), neither of the websites for the Pro-Charter group (https://www.facebook.com/commonsensesaratoga/ and https://www.facebook.com/ItsTimeSaratoga/) have acknowledged the failure of their proposed charter at the polls.

This group is not shy about getting media attention and they have easy access to Wendy Liberatore at the Times Union and yet they have been silent on the subject of their defeat. It is not as though the Common Sense Saratoga site is dormant. This morning (December 2, 2020) they posted a link to a Times Union story regarding recent COVID infections at the police department. The link included this commentary by the website managers:

Another example of how the Commission Form of government does not work. The Commissioner and the expensive Deputy Commissioner of Public Safety (paid more than the Mayor of Glens Falls) clearly do not have command and control over their own Police and the simple use of a mask.

Common Sense Saratoga

There is nothing in the article to support their assertion that the police department has not instituted protocols for the use of masks. The TU has also reported a COVID outbreak in the Albany Police Department.

The Financials

According to the New York State Board of Elections, the pro-charter change people raised $60,066.44. Their opposition raised $33,024.06. Roughly the spread was two to one.

The pro-charter change group It’s Time, Saratoga paid Progressive Elections LLC $44,510.10. Progressive Elections is the consulting firm of Libby Post. Ms. Post appears regularly as a panelist with Alan Chartok on the WAMC morning talk show Roundtable.

As in the last two failed attempts to institute a city manager form of government in Saratoga Springs, the International City/County Management Association was the most generous donor to the pro-charter group. This time they contributed $14,943.44. The NYS City/County Management Association, another regular contributor, gave $3,ooo this time.

Largest Contributors To Pro-Charter It’s Time, Saratoga

International City/County Management Association = $14,943.44

NYS City/County Management Association = $3,000

Gordon Boyd = $10,000.00

Jeff Altamari = $10,000.00

Ron Kim = $1,800.00

Tony Krackeler = $1,200.00

Max London = $1,250.00

Dexter Senft = $3,500.00

Listing Of Contributions To Pro-Charter Campaign

INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION12,136.4328-Oct-20
777 N CAPITAL ST NE SUITE 500
WASHINGTON, DC 20002-4290
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATON2,807.014-Nov-20
777 N CAPITOL ST NE SUITE 500
WASHINGTON, DC 20002-4290
NYS CITY/COUNTY MANAGEMENT ASSOCIATION INC3,000.0024-Oct-20
980 BROADWAY #627
THORNWOOD, NY 10594
UNITEMIZED5023-Aug-20
 
,
ALDRICH, PHYLLIS W1005-Sep-20
49 GRANITE STREET
SARATOGA SPRINGS, NY 12866
ALDRICH, PHYLLIS20025-Oct-20
49 GRANITE STREET
SARATOGASPRINGS, NY 12866
ALDRICH, PHYLLIS20010-Aug-20
49 GRANITE STREET
SARATOGA SPRINGS, NY 12866
ALTAMARI, JEFFREY6,000.0018-Sep-20
10 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
ALTAMARI, JEFFREY30014-Sep-20
10 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
ALTAMARI, JEFFREY50019-Aug-20
10 VICTORIA LANE
SARATOGASPRINGS, NY 12866
ALTIMARI, JEFFREY2004-Aug-20
10 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
ALTIMARI, JEFFREY AND JANET3,000.0016-Jun-20
10 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
AMYOT, AMEJO10019-Sep-20
67 FIFTH AVE
SARATOGA SPRINGS, NY 12866
AMYOT, AMEJO10015-Oct-20
67 FIFTH AVENUE
SARATOGASPRINGS, NY 12866
BALTZ, LISA2529-Aug-20
16 CONVER DRIVE
SARATOGA SPRINGS, NY 12866
BEAL, ELLEN2515-Aug-20
103 ELM STREET
SARATOGA SPRINGS, NY 12866
BOYD, GORDON M10,000.008-Jun-20
90 STATE STREET
SARATOGA SPRINGS, NY 12866
BROWN, PEGGY AND JOEL10024-Oct-20
173 CAROLINE STREET
SARATOGA SPRINGS, NY 12866
BRUEGGEMANN, JOHN5015-Oct-20
52 STATE STREET
SARATOGA SPRINGS, NY 12866
BULLOCK, ANN C50029-Jun-20
86 LINCOLN AVENUE
SARATOGA SPRINGS, NY 12866
BULLOCK, ANN C1017-Jul-20
86 LINCOLN AVENUE
SARATOGA SPRINGS, NY 12866
BULLOCK, ANN AND ROBERT50019-Sep-20
86 LINCOLN AVENUE
SARATOGASPRINGS, NY 12866
BURGER, SARAH J20026-Oct-20
4 EQUESTRIAN LANE UNIT 1
SARATOGA SPRINGS, NY 12866
CHODOS, LAURA B5017-Aug-20
768 NORTH BROADWAY
SARATOGA SPRINGS, NY 12866
CHODOS, LAURA B10016-Oct-20
768 NORTH BROADWAY
SARATOGASPRINGS, NY 12866
COHEN, SUSAN5030-Sep-20
302 NELSON AVENUE
SARATOGASPRINGS, NY 12866
CORBETT, MOLLY5015-Oct-20
23 TYLER DRIVE
SARATOGA SPRINGS, NY 12866
CROCKER, HEATHER507-Sep-20
12 PINEWOOD AVENUE
SARATOGA SPRINGS, NY 12866
CUNEO, JULIE40030-Oct-20
14 AMERICA WAY
SARATOGA SPRINGS, NY 12866
DAKE, PERNILLE A10017-Sep-20
17 TENSPRINGS DRIVE
SARATOGASPRINGS, NY 12866
DANA, LEZLIE5017-Sep-20
170 SPRINGS STREET
SARATOGASPRINGS, NY 12866
DUGAN, JEAN5010-Oct-20
59 RAILROAD PLACE APT 602
SARATOGASPRINGS, NY 12866
EGGER-AIMONE, ELLEN1001-Aug-20
106 ELM STREET
SARATOGA SPRINGS, NY 12866
ELLIOTT, JOYCE E1005-Oct-20
204 EMIGH ROAD
MIDDLE GROVE, NY 12850
ENNIS, ERIN20026-Oct-20
244 NELSON AVENUE
SARATOGA SPRINGS, NY 12866
FARLEY, DESIREE5011-Aug-20
4158A SILVER BEACH ROAD
MALTA, NY 12020
FENTON, RICHARD1002-Sep-20
23 LEFFERTS STREET
SARATOGA SPRINGS, NY 12866
FRISONE, GRACE2510-Sep-20
38 CENTRAL AVENUE
SARATOGASPRINGS, NY 12866
GLASER, BARBARA5007-Aug-20
100 SPRING STREET
SARATOGA SPRINGS, NY 12866
HART, SALLY10019-Sep-20
177 SPRING STREET
SARATOGA SPRINGS, NY 12866
HASBROUCK, PATTY25018-Sep-20
1 MADISON AVENUE
SARATOGASPRINGS, NY 12866
HERNANDEZ, DARREN25012-Sep-20
26507 MISTLETOE COURT
SANTA CLARITA, CA 91355
HOLMBERG, JULIE5026-Aug-20
21 SUMMERFIELD LANE
SARATOGA SPRINGS, NY 12866
KANE, PATRICK1,000.0026-Oct-20
19 MARION PLACE
SARATOGA SPRINGS, NY 12866
KERAMATI, BAHRAM10014-Sep-20
27 GRANITE STREET
SARATOGA SPRINGS, NY 12866
KERAMATI, BAHRAM1002-Aug-20
27 GRANITE STREET
SARATOGA SPRINGS, NY 12866
KERAMATI, BAHRAM20026-Oct-20
27 GRANITE STREET
SARATOGASPRINGS, NY 12866
KIERNAN, JOANNE10026-Oct-20
48 TYLER STREET
SARATOGASPRINGS, NY 12866
KIM, RONALD50014-Sep-20
PO BOX 318
SARATOGA SPRINGS, NY 12866
KIM, RONALD1,000.0024-Oct-20
PO BOX 318
SARATOGA SPRINGS, NY 12866
KIM, RONALD2008-Oct-20
P.O.BOX 318
SARATOGA SPRINGS, NY 12866
KIM, RONALD1009-Aug-20
PO BOX 318
SARATOGA SPRINGS, NY 12866
KIRWIN, JOHN D10029-Aug-20
94 LINCOLN AVENUE
SARATOGA SPRINGS, NY 12866
KIRWIN, JOHN2518-Oct-20
94 LINCOLN AVENUE
SARATOGA SPRINGS, NY 12866
KOPANS, MATTHEW5026-Oct-20
8 EMPIRE AVENUE
SARATOGA SPRINGS, NY 12866
KRACKELER, TONY20024-Oct-20
190 LAKE AVE
SARATOGA SPRINGS, NY 12866
KRACKELER, TONY50025-Aug-20
UE190 LAKE AVEN
SARATOGA SPRINGS, NY 12866
KRACKELER, TONY5007-Oct-20
190 LAKE AVENUE
SARATOGA SPRINGS, NY 12866
LAKHTAKIA, NATALYA2526-Oct-20
21 MICHAEL DRIVE
SARATOGASPRINGS, NY 12866
LAKHTAKIA, NATALYA2525-Aug-20
21 MICHAEL DRIVE
SARATOGA SPRINGS, NY 12866
LEE, BRIAN10014-Sep-20
18 DIVISION STREET SUITE 102
SARATOGA SPRINGS, NY 12866
LETENDRE, LINDA1021-Aug-20
34 GREENFIELD AVENUE
SARATOGA SPRINGS, NY 12866
LONDON, MAX1,250.0028-Oct-20
3 MOKASHA SQUARE
SAARTOGA SPRINGS, NY 12866
LOS, MICHAEL25018-Oct-20
100C DIVISION STREET
SARATOGA SPRINGS, NY 12866
MAXWELL, OTIS10014-Sep-20
158 LAKE AVENUE
SARATOGA SPRINGS, NY 12866
MCPARTLON III, JAMES P1,250.0026-Oct-20
55 RAILROAD PLACE
SARATOGA SPRINGS, NY 12866
MCTYGUE, THOMAS G10025-Sep-20
251 COUNTY RTE 68
SARATOGA SPRINGS, NY 12866
MCTYGUE, THOMAS G10029-Oct-20
251 COUNTY ROUTE 68
SARATOGA SPRINGS, NY 12866
MCTYGUE, THOMAS10014-Sep-20
251 COUNTY ROUTE 68
SARATOGA SPRINGS, NY 12866
MCTYGUE, WILLIAM J2505-Sep-20
15 YORK STREET
SARATOGA SPRINGS, NY 12866
MCTYGUE, WILLIAM J2508-Oct-20
15 YORK STREET
SARATOGA SPRINGS, NY 12866
MCTYGUE, WILLIAM25026-Oct-20
15 YORK STREET
SARATOGA SPRINGS, NY 12866
MORAN, DILLON20026-Oct-20
177 LAKE AVENUE
SARATOGASPRINGS, NY 12866
MORRISON, CHARLES C5004-Sep-20
88 COURT STREET
SARATOGA SPRINGS, NY 12866
NCOLO, ROBERT2521-Sep-20
12 MARTIN AVENUE
SARATOGA SPRINGS, NY 12866
PARDON, JACQUELINE YAEGER5017-Aug-20
11 TEN SPRINGS DRIVE
SARATOGA SPRINGS, NY 12866
PINGEL, MARK317-Jul-20
1 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
PINGEL, MARK20026-Oct-20
1 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
PINGEL, MARK5003-Jul-20
1 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
POST, LIBBY5026-Aug-20
PO BOX 1115
ALBANY, NY 12201
ROWE-BUTTON, CHRISTINE1,000.009-Oct-20
5 WINDING BROOK DRIVE
SARATOGA SPRINGS, NY 12866
ROWEN, BETH5014-Sep-20
31 PEPPER LANE
SARATOGA SPRINGS, NY 12866
SCHULTZ, FRANK50017-Aug-20
18 PINEWOOD AVE
SARATOGA SPRINGS, NY 12866
SENFT, DEXTER E2,500.0010-Aug-20
37 HENRY STREET NO 403
SARATOGA SPRINGS, NY 12866
SENFT, DEXTER E1,000.0019-Oct-20
37 HENRY STREET NO 403
SARATOGA SPRINGS, NY 12866
SPENCE, CINDY A2004-Sep-20
89 NELSON AVENUE
SARATOGA SPRINGS, NY 12866
STROHL, MARTHA1005-Aug-20
65 SARAZEN STREET
SARATOGA SPRINGS, NY 12866
TAUB, LEWIS E2524-Aug-20
121 FIFTH AVENUE
SARATOGA SPRINGS, NY 12866
TAYLOR, MARCELLINE E5017-Aug-20
49 DOTEN STREET
SARATOGASPRINGS, NY 12866
THOMAS, BARB1004-Sep-20
P.O. BOX 964
SARATOGA SPRINGS, NY 12866
THOMAS, BARBARA K5016-Oct-20
P.O.BOX 964
SARATOGASPRINGS, NY 12866
TURNER, ROBERT4008-Oct-20
180 PHILA STREET
SARATOGA SPRINGS, NY 12866
TUZ, PATRICIA10025-Oct-20
648 CRESCENT AVE
SARATOGA SPRINGS, NY 12866
VAN METER, MARGIE H3003-Jul-20
175 WASHINGTON STREET
SARATOGA SPRINGS, NY 12866
WALBRIDGE-ALLEN, CATHERINE5022-Aug-20
56 FOREST AVENUE
SARATOGA SPRINGS, NY 12866
WOOD, PHIL5028-Sep-20
102C DIVISION STREET
SARATOGA SPRINGS, NY 12866
WRIGHT, ROBERT O10022-Oct-20
37 CLARK STREET UNIT 5
SARATOGA SPRINGS, NY 12866
WRIGHT, ROBERT10017-Sep-20
37 CLARK STREET
SARATOGASPRINGS, NY 12866
WURTMANN, BETH10026-Oct-20
40 NORTH STREET
SARATOGASPRINGS, NY 12866
YEPSEN, JOANNE20024-Oct-20
68 VISTA DRIVE
SARATOGASPRINGS, NY 12866
YEPSEN, JOANNE10026-Oct-20
68 VISTA DRIVE
SARATOGASPRINGS, NY 12866
Total Contributions:60,066.44 

Listing of Anti-Charter Contributions

The campaign to defeat the charter was supported by two organizations. They were S.U.C.C.E.S.S and Saratoga Works. The combined total of contributions to both groups totaled $33,024.06.

Largest Contributors To Anti-Charter Campaign

Wally Allerdice (Allerdice Building Supplies) = $1,000.00

John Hendrickson (Widower of MaryLou Whitney) = $5,000.00

Richard Sellers = $8,367.00

Charles Waite (Adirondack Trust) = $3,000.00

William (Bill) Dake (Stewarts Shops) = $3,000.00

Elise Stefanik (Congress) = $1,000.00

Jane Weihe (wife of Blogger) = $1,100.00

Blogger = $30.00 (tee shirt)

Contributors To SUCCESS

SARATOGA COUNTY INDEPENDENCE PARTY250
102 LUDLOW ST
SARATOGA SPRINGS NY, NY 12866
ALLERDICE, WALLACE W1,000.00
150 EXCELSIOR AVE
SARATOGA SPRINGS, NY 12866
BAKER, JOHN F50
PO BOX 1290
SARATOGA SPRINGS, NY 12866
BARKER, MARIANNE M250
157 INGERSOLL ROAD
SARATOGA SPRINGS, NY 12866
BOCCHI, AMERIGO50
4 ALFRED COURT
SARATOGA SPRINGS, NY 12866
BROPHY, JOHN T100
10 FOX RUN
E SANDWICH, MA 02537-1545
CARLSON JR, GEORGE W50
9 EUREKA AVE
SARATOGA SPRINGS, NY 12866
CHATFIELD, JAMES V25
55 RAILROAD PLACE APT. 508
SARATOGA SPRINGS, NY 12866
D’ANDREA, ROBERT A100
523 CRESCENT AVE
SARATOGA SPRINGS, NY 12866
DEJNOZKA, MARK100
8 EMERALD LANE
SARATOGA SPRINGS, NY 12866
DORSEY, MATTHEW J50
28 UNDERWOOD DR
SARATOGA SPRINGS, NY 12866
FEINSTEIN, EDWARD D25
59 RAILROAD PL
SARATOGA SPRINGS, NY 12866
FINNERAN, EILEEN J100
35 THOROUGHBRED DRIVE
SARATOGA SPRINGS, NY 12866
GRANDE, JAMES J100
34 STORAGE LANE
SARATOGA SPRINGS, NY 12866
HEALY, WILLIAM J200
5 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
HENDRICKSON, JOHN5,000.00
40 GEYSAR RD
SARATOGA SPRINGS, NY 12866
HOFFFMAN, MICHAEL250
38 HIGH ROCK AVE UNIT 6K
SARATOGA SPRINGS, NY 12866
KLEIN, PHILIP W100
29 WALTER DR
SARATOGA SPRINGS, NY 12866
KLOTZ, KEN25
232 MAPLE AVE
SARATOGA SPRINGS, NY 12866
KOSS, DAVID50
160 KAYDEROSS PARK RD
SARATOGA SPRINGS, NY 12866
KUCZYNSKI, HENRY J100
153 SPRING ST
SARATOGA SPRINGS, NY 12866
MACDONALD, MARCIA100
3 BEACON HILL DR
SARATOGA SPRINGS, NY 12866
MARTIN, RANDY200
24 UNDERWOOD DR
SARATOGA SPRINGS, NY 12866
MILLER, EDWARD250
102 LUDLOW ST
SARATOGA SPRINGS, NY 12866
NEWKIRK, THOMAS R500
553 CRESCENT AVE
SARATOGA SPRINGS, NY 12866
PALMETTO, NICHLAS50
5 BEACON HILL DR
SARATOGA SPRINGS, NY 12866
POKOIK, LEE300
1 WALL ST
NEW YORK, NY 10286
POKOIK, LEE300
1 WALL ST
NEW YORK, NY 10286
PORTER, THOMAS M50
236 CAROLINE ST
SARATOGA SPRINGS, NY 12866
PORTER, THOMAS50
236 CAROLINE ST
SARATOGA SPRINGS, NY 12866
REALS, NATHANIEL P100
2 BEMIS HIEGHTS DR
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD300
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD3,000.00
73 FIFTH AVE
SARATOGA SPRINGS, NY 12866
SMITH, NOEL J300
410 BROADWAY
SARATOGA SPRINGS, NY 12866
SWICK, EILEEN50
24 JOSUHA RD
SARATOGA SPRINGS, NY 12866
TOMPKINS, PATSY A100
84 REGENT ST
SARATOGA SPRINGS, NY 12866
VANWAGNER, CLIFFORD L250
18 ROLLING BROOK DR
SARATOGA SPRINGS, NY 12866
VEITCH, MICHAEL100
201 CIRCULAR ST
SARATOGA SPRINGS, NY 12866
WAIT, CHARLES V3,000.00
658 NORTH BROADWAY
SARATOGA SPRINGS, NY 12866
WEIHE, MARTHA100
44 WHITE ST
SARATOGA SPRINGS, NY 12866
WROBEL, GREGORY W100
24 CLARK ST
SARATOGA SPRINGS, NY 12866
WROBEL, GREGORY100
24 CLARK ST
SARATOGA SPRINGS, NY 12866
Total Contributions:17,275.00

Saratoga Works

OLD SARATOGA HOSPITALITY20
424 GRAND AVE.
SARATOGA SPRINGS, NY 12866
SARATOGA PARKING SERVICES, LLC300
12 FIFTH AVENUE
SARATOGA SPRINGS, NY 12866
SARATOGA SPRINGS REPUBLICAN COMMITTEE500
P.O. BOX 3105
SARATOGA SPRINGS, NY 12866
UNITEMIZED50
 
,
UNITEMIZED30
 
,
UNITEMIZED30
 
,
UNITEMIZED25
 
,
UNITEMIZED20
 
,
UNITEMIZED40
 
,
UNITEMIZED20
 
,
ANSPACH, KATHLEEN20
58 SHERWOOD TRAIL
SARATOGA SPRINGS, NY 12866
BARKER, JOANNE100
285 SOUTH MAIN STREET
ALBANY, NY 12208
BROPHY, JAMES30
95 OAK STREET
SARATOGA SPRINGS, NY 12866
CAIN, GEORGE150
6 ROUNDTABLE RD.
SARATOGA SPRINGS, NY 12866
COLE, THOMAS50
220 CAROLINE STREET
SARATOGA SPRINGS, NY 12866
DAKE, WILLIAM P3,000.00
90 BRYAN STREET
SARATOGA SPRINGS, NY 12866
DALTON, JOSEPH200
14 LOUGHBERRY ROAD
SARATOGA SPRINGS, NY 12866
DELEONARDIS, COURTNEY40
30 MAGNOLIA DRIVE
SARATOGA SPRINGS, NY 12866
FEINSTEIN, MICHELE25
59 RAILROAD PLACE
SARATOGA SPRINGS, NY 12866
FINCH, HARRIETT M100
268 CHURCH STREET
SARATOGA SPRINGS, NY 12866
FISCHER, TARA40
186 GRAND AVENUE
SARATOGA SPRINGS 12866, NY 12866
FREEMAN, EVELYN50
159 GRAND AVENUE
SARATOGA SPRINGS, NY 12866
JONES, MATT500
2 VICTORIA LANE
SARATOGA SPRINGS, NY 12866
KAUFMAN, JOHN30
44 WHITE STREET
SARATOGA SPRINGS, NY 12866
KRULCIK, TRACEY A30
173 OLD SCHUYLERVILLE ROAD
SARATOGA SPRINGS, NY 12866
KUCZYNSKI, HENRY100
153 SPRING STREET
SARATOGA SPRINGS, NY 12866
KUCZYNSKI, ROBERT30
38 CLUBHOUSE DRIVE
SARATOGA SPRINGS, NY 12866
LAKIAN, ROBIN30
78 CAROLINE STREET
SARATOGA SPRINGS, NY 12866
MARZANO, JAMES30
30 CENTRAL AVE
SARATOGA SPRINGS, NY 12866
MARZANO, JAMES30
30 CENTRAL AVENUE
SARATOGA SPRINGS, NY 12866
MCGUIRE, SETH30
16 WALTER STREET
SARATOGA SPRINGS, NY 12866
MITTLER, STEPHEN100
48 YORK AVENE
SARATOGA SPRINGS, NY 12866
NEILSON, THOMASA200
8 TULL DRIVE
ALBANY, NY 12205
NERD, NATURE40
44 CENTRAL AVENUE
SARATOGA SPRINGS, NY 12866
OBSTARCZYK, CHRIS40
147 SPRING STREET
SARATOGA SPRINGS, NY 12866
OBSTARCZYK, CHRIS100
147 SPRING STREET
SARATOGA SPRINGS, NY 12866
PANETTA, MICHAEL J30
18 BRIARWOOD DRIVE
SARATOGA SPRINGS, NY 12866
PARTRIDGE, JANICE E30
2 MAGNOLIA DRIVE
SARATOGA SPRINGS, NY 12866
PARTRIDGE, JANICE E59
2 MAGNOLIA DRIVE
SARATOGA SPRINGS, NY 12866
PARTRIDGE, JANICE40
2 MAGNOLIA DRIVE
SARATOGA SPRINGS, NY 12866
PARTRIDGE, JANICE40
2 MAGNOLIA DRIVE
SARATOGA SPRINGS, NY 12866
QUIGLEY, LORETTA30
129 SPRING STREET
SARATOGA SPRINGS, NY 12866
REYNOLDS, CAROL50
42 VANDERBILT AVENUE
SARATOGA SPRINGS, NY 12866
ROSE, JENNIFER40
30 CENTRAL AVENUE
SARATOGA SPRINGS, NY 12866
RUBIO, PATRICIA30
6 AVERY STREET
SARATOGA SPRINGS, NY 12866
RUBIO, PATRICIA30
6 AVERY STREET
SARATOGA SPRINGS, NY 12866
SELLERS, BONITA400
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD A4,500.00
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD450
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD76.98
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
SELLERS, RICHARD40
P.O. BOX 789
SARATOGA SPRINGS, NY 12866
STEFANIK, ELISE1,000.00
P.O. BOX 500
GLENS FALLS, NY 12801
WEBER, CHARLOTTE C500
P.O. BOX 772109
OCALA, FL 34477-2109
WEIHE, JANE500
44 WHITE STREET
SARATOGA SPRINGS, NY 12866
WEIHE, MARTHA500
44 WHITE STREET
SARATOGA SPRINGS, NY 12866
WILDER, NANCY M100
6 HORSESHOE DRIVE
SARATOGA SPRINGS, NY 12866
WOYOTOWICH, CONNIE1
105 ELM STREET
SARATOGA SPRINGS, NY 12866
WOYTOWICH, CONNIE522.08
105 ELM STREET
SARATOGA SPRINGS, NY 12866
WOYTOWICH, MICHAEL500
105 ELM STREET
SARATOGA SPRINGS, NY 12866
ZANGRANDO, JOANNA50
24 COLLINS TERRACE
SARATOGA SPRINGS, NY 12866
ZANGRANDO, JOANNA100
24 COLLINS TERRACE
SARATOGA SPRINGS, NY 12866
Total Contributions:15,749.06

All of Us: So Much For The Tradition Of Non-Violent Civil Disobedience

I have been greatly troubled by the leadership and actions of All of Us, the local organization in the forefront of the Black Lives Matter movement in this area.

One of the main leaders in the “All of Us”/”Black Lives Matter” group here in Saratoga Springs has been Jamaica Miles. Ms. Miles, whose home is in Schenectady, has a long history in the struggle for social justice which was reported on in a flattering front page story in the Sunday, November 22, 2020, edition of the Daily Gazette.

Her long and dedicated commitment to social justice is undeniable but to be effective passion must be tempered by judgement.

I have been concerned about the actions sponsored by AU in downtown Saratoga Springs in which Ms. Miles has played a prominent role. While AU leaders continually express their commitment to non-violence, their tactics flirt with disaster. The demonstrations have been unstructured and without a sense of a disciplined plan of action. Even more worrisome, though, is that some of the people they refer to as “security” carry backpacks with the handles of small baseball bats sticking out. It is difficult to reconcile this with a commitment to non-violence.

This video of Lexus Figuereo, another leader of AU, at a demonstration this fall is a disturbing example of how situations at these events can potentially escalate. Mr. Figuereo later apologized for this incident where he verbally assaulted a Black minister who was demonstrating in support of the police, but it demonstrates the danger that a lack of organization and inadequate training in non-violence can produce. Were it not for the intersession of the police this could have escalated into a situation endangering participants, bystanders, and the police.

Many of the protesters that Ms. Miles has mobilized look to be young enough to be in middle school. It has been quite apparent at these demonstrations that these young people were unprepared for any confrontation that might arise with the police.

Given these concerns, I was very interested in the recent AU virtual training event they conducted that was described as a “Civil Disobedience Workshop.” It is of note that they left out the word non-violent.

The workshop was regrettably a very disappointing experience. Ms. Miles, in her introduction, said that the video of the training would be uploaded to their Facebook page but after more than a week it has not been posted.

The training began with Ms. Miles doing a brief introduction in which she explained that there were many forms of civil disobedience including boycotts, strikes, and other acts such as not paying taxes.

She then turned the meeting over to two people identified as Fern and Fin. Fern basically discussed what to wear and bring to a civil disobedience action. This included advice like wear loose comfortable clothing and bring contact information like a lawyer’s telephone number along with sunscreen and water. Fern also advised participants not to wear contact lenses in the event of tear gas.

To give the reader of this blog a sense of how innocent some of the workshop participants were, one young woman asked whether she should bring her credit card or her debit card to the protests.

What was missing from this workshop was any discussion of what to do in the event that the police should decide to clear the intersection of a street being blocked by the protesters which is basically what AU has been doing.

This workshop was rather like training people to parachute out of airplanes by educating them on how to dress properly and omitting instructing them on what to do when they actually jumped out of the plane.

This seemed to me like a glaring oversight so, when the floor was opened to questions, I asked them about this. I noted that the traditional form of non-violent civil disobedience was to physically be passive when submitting to arrest in order to communicate that one was not a threat. I suggested that in my experience this entailed sitting down and putting your hands on your knees or behind your head. I did not get a chance to suggest that there was a need to properly train people who would be participating in demonstrations where arrests could be a possibility as I was muted for the rest of the session.

Both Ms. Miles and Fern (people were identified simply by their first name and the pronoun they used) were dismissive of the idea of thinking through how demonstrators might non violently respond to the potential for police arrests . Ms. Miles went on at length that the decisions on how and when to get arrested were to be left up to individual participants and not to be dictated by the leadership. This seems problematic. Calling people to action and leading them into situations that potentially make them vulnerable to injury and to the long term implications of arrest while abrogating her responsibility to these young people if problems ensued seems disturbingly irresponsible. She seems unwilling to consider, for instance, that an untrained young person is liable to act in a way that could escalate a situation and endanger themselves and others around them.

Due to technical limits I was unable to correct the spelling in this video title

Fern expressed concern about the vulnerability one puts oneself in if you are sitting with your hands behind your back waiting passively to be arrested. They asked what if some bystander attacked someone? A protester needs to be mobile they asserted. John Lewis, of course, knew first hand about the risk of being attacked when he sat down in Alabama and being prepared for this was part of his training.

One thing became abundantly clear during this workshop. Leadership for collective action was ok when it came to Ms. Miles and her comrades directing participants to block streets but there would be no training or instruction on how to act should the police decide to clear the street.

Ms. Miles went on during other parts of this workshop about how the police were supposed to be protecting the protesters from being hurt by vehicles or bystanders but instead were facing the protesters with their shields rather than the traffic and sidewalks.

Ms. Miles unfortunately did not address how the tactics of her group contributed to this police response. She chose to not acknowledge how the taunting of the police she and her followers engage in and the threat of some participants carrying bats might influence police behavior.

In addition, she has never acknowledged that on a number of occasions the police have escorted away men who have shouted insults at Ms. Miles and her followers.

Ms. Miles doesn’t seem to recognize that in all of the demonstrations that have occurred so far, including the July 30 demonstration when officers did clear an intersection, no one has been injured. I do not wish to suggest that all the law enforcement personnel who have been deployed are uniformly free of racism or the desire to “teach these people a lesson” with a night stick. What should be apparent, though, is that the leadership of the Saratoga Springs Police Department, Chief Shane Crooks and Commissioner Robin Dalton, have acted with great restraint. I would go so far as to say that they appear to be more concerned about the safety of the young people UA has brought to the streets than Ms. Miles and her leadership team.

Ms. Miles and Lexis Figuereo have demonstrated a callous disregard to engaging with the city’s leadership in order to better understand the way forward. It is instructive that the only time they try to contact the city’s Chief of Police and Commissioner of Public Safety is when they have occupied an intersection. It is grimly clear that the purpose of their call to bring the department leadership to the intersection they are occupying is to act out and try to humiliate them. It is not to have a dialog and try to reach some kind of mutual understanding.

It is also sadly instructive to compare the video of the SNCC training below with the videos of Ms. Miles taunting the police. SNCC trained their people to maintain their dignity under the taunting by racists. They are silent as they are heckled and insulted. The contrast between the stoic silence of the SNCC volunteers and Ms. Miles taunting of the police says it all.

Ms. Miles and her leadership team regularly create events that are volatile. They do nothing to lower the temperature. It is apparent that they are doing everything they can to provoke a confrontation with the police. So far, Chief Crooks and Commissioner Dalton have managed to keep things from spinning out of control. One can only hope that they can continue to be successful because they are getting no help from the All of Us leadership.

[JK: The videos above were taken from the All of Us Facebook page. The actual videos are several hours long. ]

They May Call It Civil Disobedience But It Bares No Resemblence To The Legacy Of Martin Luther King and Mahatma Gandi.

Below I have placed a series of videos regarding acts of non-violent civil disobedience.

The history of the Black civil rights movement was marked by a courageous commitment to non-violence. What people may not be aware of is the tremendous commitment to planning and training that were central to the work of the movement.

That training began with a thorough education of people who wanted to be part of the struggle as to the risks they faced. The idea of just calling together kids and then leading them into danger would have been denounced as reckless and irresponsible.

Only after leaders like John Lewis and Martin Luther King were confident that people fully understood the danger did they think it appropriate to move on to the next stage which was training. This was not a lark. As the SNCC video below documents, the training was rigorous and challenging.

This video is a recreation of a training program done by the Student Non-Violent Coordinating Committee (SNCC) in the 1960’s as a way of understanding how important proper training is in organizing an act of non-violent civil disobedience. The training was not only to instruct people how to act but, just as importantly, to prepare them mentally and emotionally for enduring the potential abuse that would be expected.

This is a SNCC training session

Much of the movement also was committed to Martin Luther King’s six principles. Direct action was supposed to be simply part of a thought out strategy for how to achieve a particular goal. It is helpful to quote in full the second principle, education.

This is the most critical Step. Doubt your first impression and work to find the truth from all the people involved in the conflict. Ask questions that will give you the information that will help you reconcile with your opponents. Continue to ask questions until you have all of the facts. You are also educating yourself by gathering

information.

Martin Luther King

Videos From The History Of Non-Violent Civil Disobedience

For those not familiar with the history of non-violence in the face of racism, I thought these videos might be helpful.

This is a video dramatization of the Butler Sit-In
This is a brief and inspiring bio of James Lawson who was a key leader of SCLC and an advocate of peaceful non violent civil disobedience

SIX STEPS OF KINGIAN CONFLICT RECONCILIATION





Martin Luther King’s Six Principles

PERSONAL COMMITMENT

When you are in a conflict, it is important to contemplate your commitment to reconciling it. You must prepare yourself for what is to come. Think about the Principles as a way to strengthen yourself mentally, and continue to examine your commitment throughout the process.

INFORMATION GATHERING

This is the most critical Step. Doubt your first impression and work to find the truth from all the people involved in the conflict. Ask questions that will give you the information that will help you reconcile with your opponents. Continue to ask questions until you have all of the facts. You are also educating yourself by gathering information.

EDUCATION

At this Step, you are able to take the information you gathered and use it to educate those involved in the conflict. Often it is through Information Gathering and Education that you can resolve differences and then go directly to Reconciliation.

NEGOTIATION

The goal of Negotiation is to collaborate on a “win-win” agreement that satisfies everyone’s needs. Work in the best interest of the person you are trying to reconcile with. Keep the communication positive, and continue to negotiate until all parties are happy with the decision.

DIRECT ACTION

If a negotiated agreement is not achieved, then a Direct Action will convince others that negotiating is in their best interest. Continue with the Direct Action, and show those with an opposing view that you are at odds with their position (not at odds with them). The goal of a Direct Action (e.g. petition, march, boycott, etc.) is to return to Negotiation.

RECONCILIATION

When using the Steps, Reconciliation is the goal. It is important for everyone involved in the conflict to work towards restoring a positive relationship, because the creation of the Beloved Community is our goal.

More Craziness At The Board of Supervisors

A Picture of the Saratoga County Board of Supevisors : No Casualties…Yet

In the November 18, 2020, Times Union, Wendy Liberatore reports more foolishness at the Saratoga County Board of Supervisors.

Just a brief recap:

While there are twenty-three members of the Saratoga County Board of Supervisors, resolutions require a weighted vote majority. This means that the value of a Supervisor’s vote is based on the number of people living in his/her municipality. In fact, as few as six Supervisors from the largest municipalities can constitute a majority over the other seventeen Supervisors.

The Saratoga County Board of Supervisors is chaired by Preston Allen who is the Supervisor from the town of Day. He represents the smallest town by population. Based on the last census he represents only 856 people. Contrast this with Supervisor Tomlinson from the town of Halfmoon. He represents 21,535 constituents. So he represents roughly 25 times the number of people that Allen does.

In the world of the Board of Supervisors, the chair of the board wheels a great deal of power. This was demonstrated by the COVID bonus fiasco which was engineered by Supervisor Allen in alliance with other Supervisors from small towns. They have basically frozen out the Supervisors from all of the large municipalities.

The Supervisors from the larger municipalities have banded together in a group called “The Saratoga County Public Health Northway Corridor Task Force (SCPHNCTF).” The group is made up of the following:

Phil Barrett, Supervisor Clifton Park

Eric Connolly, Supervisor Ballston

Tara Gaston, Supervisor Saratoga Springs

Todd Kusnierz, Supervisor Moreau

John Lant, Supervisor Wilton

Darrren O’Connor, Supervisor Malta

Jon Schopf, Supervisor Clifton Park

Kevin Tollisen, Supervisor Halfmoon

Matthew Veitch, Supervisor Saratoga Springs

Old Guard Doubles Down

In a letter to Chairman Allen dated November 17, 2020, the SCPHNCTF noted that they had been totally frozen out of the recent hiring of a county Public Health Director and the recruiting of a new County Attorney.

The letter notes a history of the current county leadership excluding the participation of the the representatives of larger municipalities. It notes that following the seating of Preston Allen as chair last January, they have been marginalized.

At the Saratoga County Board of Supervisors organizational meeting in January 2020, a number of supervisors expressed concerns regarding a lack of leadership positions, including committees, among those representing large municipalities comprising the majority of the county population. 

November 17 letter

The signatories expressed alarm and frustration at the apparent rush to fill key management vacancies at the end of Chairman Allen’s term.

For example, positions to lead the Department of Health and County Attorney’s offices have been advertised and the hiring process hastened.  Further, last week a proposed appointment to the Saratoga County Prosperity Partnership was presented.  The assessment of applicants and the interviewing processes have been conducted by the same few Supervisors appointed to key leadership positions in the beginning of 2020.  These Supervisors represent a minority of county residents and none are in a position to evaluate applicants with an eye to the needs and concerns of the more densely populated areas of Saratoga County.

November 17, 2020

The letter observes that prior to the names for Director of Public Health and the representative to the Saratoga County Prosperity Partnership being submitted to the full Board of Supervisors at their most recent meeting, the SCPHNCTF had received no information about any of the applicants.

It is interesting how heavy handed the old guard has been in this business. They appear to be unconcerned about poking the bear (provoking the large municipalities with the votes to take over the county board and marginalize them).

Shutting Down The Hiring Of Management Until The New County Leadership Is Elected In January

The letter supports the hiring of the Public Health Director in light of the COVID emergency. However they advise Chairman Allen that they will oppose any other appointments until January when new officers for the Saratoga County Board of Supervisors are chosen.

If new hires or appointments, other than the Commissioner of Health, are placed before the Board of Supervisors for consideration during the remainder of 2020, we will not support any proposed candidate. 

November 17, 2020

Breaking With Tradition

The tradition of the Saratoga County Board of Supervisors has been to promote the chair of the Law and Finance Committee to the position of chair of the entire Board. That would mean Daniel Pemrick from the Town of Greenfield would be in line to be head of the Board in 2021. That protocol appears to be under serious threat. According to the Times Union story, Clifton Park Supervisor Phil Barrett declined to comment on the future election of a chairperson except to observe that “there will be a vote on a new chairman at the reorganizational meeting in January.”

One can only hope that the sclerotic leadership of our county government will be swept away in January.

Update On Who Constitutes the Leadership of the Pro Charter Change Common Sense Saratoga

Sarah Burger has posted a comment advising me that her name was erroneously listed on Common Sense Saratoga as a member of the “campaign committee”. She noted that her name was removed from the list of leaders some time ago.

She has asked me to correct the record and so this post.

The Evolving Leadership of Common Sense Saratoga

As with any organization, Common Sense Saratoga has been evolving. As I do not regularly check the site there may have been more iterations. The original “Founders” were:

The latest list, captured on November 15, 2020, characterizes the group as the “Campaign Committee.” On at least one occasion the committee list was not available on the site. Its membership has changed at least three times.

As Ms. Burger stated in her comment, her name no longer appears. New on this latest committee list are Tony Krackeler and Joanne Kiernan who are on the city’s School Board.

It Ain’t Over ‘Til It’s Over: Well, It’s Over

On Friday, November 13, 2020, the chairs of both the Democratic and Republican Saratoga Springs Committees acknowledged the defeat of the charter change proposal.

Wendy Liberatore, the Times Union reporter, quoted Sarah Burger, chair of the Democratic Committee as follows:

I think right now, people need a break. There is charter fatigue…It’s time to refocus our attention to next year’s election and finding candidates.

Sarah Burger, Chair person of the Saratoga Springs Democratic Committee

Ms. Liberatore’s story contained no reference to the Common Sense Saratoga group. Given her close relationship with CSS, it is not as though she does not know how to contact them. No one would accuse them of being shy about contacting her. Why the silence?

Common Sense Saratoga has had the following post up on their site since the election:

Well, all the votes (early voting, election day in person, and absentee ballots) have been counted. The city Republican and Democratic chairs have acknowledged the election results. It is true that the results have not been officially certified but that is a formality that will occur at the end of November.

The people behind Common Sense Saratoga would be the first to complain about President Trump’s resistance to acknowledging his loss to Joe Biden. If they had won, it would be writ large all over their site.

Interestingly, the city Democratic Committee which endorsed the proposed charter did not include mention of its defeat in their recent newsletter.

This is a fitting way to end their campaign.

Neighbors of Saratoga Hospital’s Suit Dismissed By Judge

[JK: This post has been edited to include the courts decision]

In a decision dated November 9, 2020, Judge Ann C. Crowell has dismissed the lawsuit brought by the neighbors of Saratoga Hospital (the petitioners) against the city (the respondent) in their effort to block the Hospital’s expansion.

The neighbors challenged the city in court on a number of grounds:

The Decisions Were Arbitrary and Capricious

The petitioners argued changing the zoning for the parcel from UR-1 (Urban Residential) to OMB2 (Office Medical Business) was arbitrary and capricious.

The judge concedes that “Whether an OMB2 zoning designation is applicable to the future land use category of Institutional in the Comprehensive Plan is debatable.”

She then cites this precedent decided by the Appellate Division, Third Department in July of this year.  In New York, the Appellate Division is the court that would hear an appeal from a matter decided by a lower Supreme Court justice and the Third Department is the department covering Saratoga County and 27 other upstate counties::

A town’s zoning determination is entitled to a strong presumption of validity; therefore, one who challenges such a determination bears a heavy burden of demonstrating, beyond a reasonable doubt, that the determination was arbitrary and unreasonable or otherwise unlawful.

Matter of Troy Sand & Gravel v Town of Sand Lake

And this precedent:

Thus, when a [petitioner] fails to establish a clear conflict with the comprehensive plan, the zoning classification must be upheld.

Matter of Youngsworth v Town of Ramapo

and:

All that is required is that the court be able to satisfy itself, based upon a review of all available evidence, that such plan [the comprehensive plan] in fact exists and that the municipality is acting in the public interest in furtherance thereof.”

Matter Skenesborough Stone v Village of White Hall

I am told that the standard “beyond a reasonable doubt” is common in criminal cases but highly unusual in civil cases. Unfortunately, for the plaintiffs, they were unable to establish an argument that met this demanding a standard. 

So while the judge acknowledged that there was enough merit to some of their arguments to be considered “debatable,” their claim apparently crashed against the rock of having to be proven true “beyond a reasonable doubt.”

The Designation of the Parcel Was Spot Zoning

The plaintiffs alleged in their suit that the designation of the parcel in the zoning map was “spot zoning.” In her decision, Justice Crowell noted:

Spot zoning is defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of said property to the detriment of other owners.

Matter of Rotterdam Ventures, Inc. vs Town Board of Rotterdam

The justice noted that:

In evaluating a claim of spot zoning, the courts consider whether the rezoning is consistent with the comprehensive plan, whether it is compatible with surrounding uses, the likelihood of harm to surrounding properties, and the recommendations of professional staff.

Judge Crowell

Essentially the court’s decision in evaluating the claim came down to this:

Fundamentally, and relevant here, if a zoning amendment is consistent with the municipality’s comprehensive plan, it is not spot zoning.

Dodson v Town Board of Rotterdam

As the designation of the area in question was designated OMB2 in the comp plan their argument was dismissed.

The Hard Look Standard

The petitioners alleged that the city failed to consider the adverse impact allowing the use of the parcel for a large medical building would have on the area. This is what is meant by taking a “hard look.”

The State Environmental Quality Review Act (SEQRA) requires that a set of questions be answered as to the effect on land use decisions.

The justice wrote:

Judicial review of a lead agency’s SEQRA determination is limited to determining whether the agency identified the relevant areas of environmental concern, took a “hard look” at them, and made a “reasoned elaboration of the basis for its determination.”

Justice Crowell

The court’s inquiry is whether there is a rational basis for the decision or whether it is arbitrary and capricious.

Justice Crowell

Judge Crowell noted that the city had the benefit of and considered the PUD application submitted by Saratoga Hospital for the development of an office building on the parcel. The PUD application provided extensive studies of traffic, water, archeological impact, etc. At the time, following its review of the PUD the planning board did a SEQRA review and determined there would be no adverse impact of the proposed PUD.

The long and the short of it is that Justice Crowell found that the city’s SEQRA review and Full Environmental Assessment Form were sufficient to determine that the city had met the requirements for a “hard look.”

Segmentation

The petitioners contended that the city “impermissively segmented” the SEQRA review.

Justice Crowell wrote:

Segmentation is the division of the environmental review of an action in such way that the various segments are addressed as though they were independent and unrelated activities, needing individual determination of existence.

Justice Crowell

This addresses the problem where in order to hide issues of impact that a large project might entail, a developer tries to mask the issues by breaking up the parcels of a project into separate applications.

The judge identified that the 2015 PUD application made clear the overall plan the hospital had.

She noted:

…respondent (the city) has adequately and rationally determined that a later review will be no less protective of the environment than a speculative review with no clearly defined project in existence.

Justice Crowell

The justice accepted the city’s representation that when the hospital submits its plans for their project the city will be able to address any potential environmental issues it may have.

The Corruption Argument

The plaintiffs alleged that the decision was “unlawfully tainted” by campaign donations made to elected officials by the hospital and its supporters.

While the receipt of campaign contributions casts a cloud over many aspects of government decision making at all levels of the government, the receipt of campaign contributions does not create an appearance of impropriety necessitating the annulment of respondent’s determination.

Justice Crowell

Interestingly the justice wrote:

Petitioner has affirmatively stated that their claim is not based upon the General Municipal Law or the City Ethics Code.

Justice Crowell

It appears that they admitted that this request to have the city’s decision vacated was not based on any actual law.

Violation of the Open Meetings Law

The petitioners asked that the decision be vacated because two of the members of the City Council discussed the amendments to the zoning map privately in early December of 2019. They claimed that this was a violation of the state’s Open Meetings Law.

The Open Meetings Law requires that a quorum of a public body cannot gather without proper prior notice to the public, public access to the gathering, and a record of what transpired at the gathering.

As two Council members do not constitute a quorum, this would not constitute a violation.

It Aint’t Necessarily Over

While the court dismissed their suit, the plaintiffs have a right to appeal so this case may not be over.