Great story by Wendy Liberatore for the Times Union on possible sabotage by the outgoing Supervisor of the town of Milton (our neighbor to the Southwest).
A slate of reformers led by Republican Benny Zlotnick who ran on the Democratic line defeated the endorsed Republicans who ran the town in an extraordinary election.
Now, as it turns out, someone from that administration wiped out the town’s computers before the turnover to the challengers. This included not only all the documents but even the software like Microsoft Word. It is unclear whether there are backups that can be restored.
The New York State Archive laws require municipalities to maintain key public documents. It is unclear what criminal laws may have been violated including the destruction of town property.
This has to be filed under bizarre. It is really hard to believe that someone would do something like this intentionally. Efforts by the Times Union to reach Ostrander were unsuccessful.
Stephen Williams has covered Saratoga Springs for the Gazette Newspaper for decades. His long experience and his fairness make him an outstanding reporter. Given the continual retrenchment in newspapers we are very lucky to have him as a resource.
He has written two recent stories with environmental dimensions.
City To Update Its Open Space Plan
His stories in the Gazette are behind a paywall. I urge the readers of this blog to subscribe to the digital version of the Gazette so they can read Mr. Williams’ full stories. Here are some highlights from the story on the update to the city’s open space plan that appeared on January 1.
It has been fifteen years since the city updated it open space plan. In 2002 city voters approved a bond issue allowing the city to borrow $5,000,000.00 which was used for a number of projects including the development of the city’s waterfront park on Saratoga Lake and the purchase of an easement for the Pitney Farms project. This money has now been exhausted.
The city has now contracted with the firm M. J. Engineering and Surveying of Clifton Park for $44,600.00 to update the open space plan.
The story reported that:
“The update will establish criteria for the spending of funds, inventory available open space and discuss opportunities for land preservation, parks, and lands for both active and passive recreation, according to the request for proposals.”
The updated plan will be important in seeking moneys for additional projects such as the development of the Greenbelt Trail around the city.
The Regional Economic Council has awarded two grants to the town of Stillwater to study Saratoga Lake.
$45,000.00 has been made available by the Department of State to identify where excess nutrients and sediment are coming from. They pose a threat to the health of the lake.
$30,000.00 coming from the Department of Environmental Conservation will be used to reduce and treat stormwater runoff.
In Williams’ article he quotes the Supervisor for Stillwater:
“We’ve been applying for anything and everything that could help us deal with water quality issues in the lake,” said Stillwater Town Supervisor Ed Kinoski. “We’re looking for the best possible means to catch whatever we can coming into the lake, whether it is soil or nutrients.”
There is a lot more in the article and it is well worth reading the entire story.
In her article in the Times Union on the New York State Independence Party’s contributions to the candidates endorsed by the Saratoga County Independence Party Wendy Liberatore wrote:
The 11-day pre-election financial disclosure forms also shows an Oct. 18 expense allocation of $6,071.06 listed simply as “Michele Madigan.” Residents in the city received several glossy fliers for those running on the Independence line — including Madigan, who lost the Democratic primary to Patty Morrison.
January 2, 2020 TU
The morning of January 2, Ms. Liberatore sent the following email to Commissioner Madigan. As will become clear, Ms. Liberatore apparently did no research regarding the documents she is referencing which I expect someone provided to her. The result was a question that had as its assumption that Commissioner Madigan had acted improperly. Imagine, dear reader, if you had been the recipient of an email like this?
I see that the NYS Committee of the Independence Party in Long Island was funded by Saratogians, some of whom already donated to folks running under the One Saratoga banner.
I also see that the committee paid you more than $6,000.
I’m wondering if you would like to comment on why people would send money to Long Island and not a local committee.
Also wondering why the committee paid you money and not any of the other candidates.
Thank you,
Wendy
Commissioner Madigan emailed back to Ms. Liberatore that she knew nothing about this and that she should direct her inquiries to the source of the document, the New York State Independence Party. Commissioner Madigan sent a cc to Ms. Liberatore’s editor, Casey Seiler.
Later that afternoon she received the following email from Mr. Seiler:
See attached for the $6,071.06 payment from the Independence Party of NY Campaign Account, which is listed in the “expense allocation” section as going to you. (It’s the only expense allocation in the 11-day pre-general report.) It could very well be that it went to your campaign and not to you personally, but that’s not the way it’s listed here. If you/your campaign didn’t receive this sum from the IPNYCA, please let us know. Any light you could shine on this would be most helpful.
Thanks,
Casey
So Casey is going with the narrative that the money may have gone to Commissioner Madigan personally. Commissioner Madigan promptly responded that neither she personally nor her campaign committee received these moneys. She did point out to him that he was ill informed about the nature of the document he was referencing.
This is the first I’ve heard or seen this. I am unfamiliar with schedule R, but a quick review of it online tells me it’s an expense allocation form – “they spent“ money and apparently they are saying it was on “Michele Madigan”. You’ll need to ask them why.
As I explained in my previous post on this issue, the Schedule R “allocation”form is meant to provide additional transparency to the expenditure report. The expenditure report lists what was actually paid out by the group and to whom it was paid. For example it might include “Smith Printing” for $1.00. Schedule R is meant to document who benefited from the expenditures as in “John Doe running for dog catcher.” John Doe did not receive the dollar. The printing of a flyer for that amount was meant to benefit Mr. Doe’s campaign.
Kevin Madigan, Commissioner Madigan’s husband and campaign treasurer, wrote to Mr. Seiler repeating Commissioner Madigan’s admonishment that this was a matter for the New York State Independence Party that was responsible for the documents.
This was Seiler’s response.
On Jan 2, 2020, at 1:52 PM, Seiler, Casey <CSeiler@timesunion.com> wrote:
Kevin: This is a $6,071 expense [JK: Emphasis added] to support one campaign, according to this filing; there are not similar expenses for other candidates in the report. (The party, or at least this committee, is woefully overdue in its reporting obligations, according to Wendy.)
What the filing show (sic)are more than $10,000 in donations to this organization from a number of individuals and corporate donors in Saratoga Co., almost all dated 10/1 or 10/2, and slightly more than two weeks later the spending tagged “Michele Madigan.”
We’re not saying you should be aware of it. We’re asking if you are aware of it. If the answer is you know about the mailer from the Independence Party but not its source of funding, that’s what we’ll print. [JK: Emphasis added] Best, Casey
So Mr. Seiler has backed off on Commissioner Madigan getting the money personally. He still doesn’t seem to understand the difference between an “expenditure” (an actual payment) and an “allocation” (an indication of which candidate benefited from the expenditure). There was no expenditure to Madigan or her campaign committee.
It also borders on the absurd that he wants to know if Commissioner Madigan is aware of the content of the state filings by the Independence Party. His email notes the apparent ineptitude by the state Independence Party which seems to imply that Commissioner Madigan is somehow implicated.
If you review the text from Ms. Liberatore’s article at the beginning of this blog you may agree with me that a person reading this article might think that Commissioner Madigan or her campaign received the moneys. There is also the gratuitous reference to Patty Morrison beating Commissioner Madigan in the Democratic primary. The moneys the story references were related to the general election not the primary.
There is a legitimate story buried in all of this. Clearly some very well heeled players in the Saratoga Springs area used the state Independence Party apparatus to support the local Independence Party candidates. It also seems odd that whoever filled out Schedule R listed only Commissioner Madigan as the beneficiary when clearly the other endorsed candidates also benefited and were part of the mailings.
Unfortunately, consistent with the Times Union coverage of Saratoga Springs news, they have to add bling in what apparently is their quest for clicks on their web page. They are seemingly indifferent to the kind of damage this sort of cavalier reporting can do to those they cover.
The Times Union published an online story on January 2, 2020 regarding the role of the New York State Independence Party in last November’s Saratoga Springs election. It reported that a number of local business people made significant contributions to the New York State Independence Party which then used this money to do mailings on behalf of candidates in Saratoga Springs.
The text in the lower left corner reads: “Paid for by the NYS Committee of the Independence Party of New York – Not printed at tax payers (sic) expense”
Below is a list from the New York State Board of Elections of the contributors to something called “The New York State Independence Party Campaign Account.” All these donors are from the greater Saratoga Springs area.
$1,000.00 –D.A. Collins Construction: Major construction firm that sold land where hospital hopes to build its medical office building.
$500.00 -Phinney Design Group: Architectural and Design Firm. Among its many clients are New York Racing Association and Saratoga National Golf Course.
$150.00 –George “Skip” Carlson: Vice President for External Affairs with Saratoga Casino and Raceway. Mr. Carlson served for many years on the city’s Zoning Board of Appeals. [JK: As far as I can tell, he never voted against an application for a variance]
$500.00 –Elizabeth Jameson: Downtown merchant. Owner of Frivolous Boutique.
$5,000 -Thomas Newkirk: Principal owner of Saratoga National Golf Course among other investments in the area.
$250.00 –Frank Parillo: Saratoga Prime Properties LLC. Among his extensive holdings are the old Saratogian Building on Lake Avenue and the 38 High Rock Avenue.
$500.00 –Michael Toohey: Attorney – Go-to developer attorney. Vice Chairperson of Saratoga Hospital Board of Trustees.
Saratoga CoWorks: Downtown business that offers “shared space” office services.
$1,000.00 -Charles Wait: Chairman and CEO of Adirondack Trust
$250.00 –SCH PAC, Albany, NY (Could not find any info on who this is.)
Total: $10,650.00
Expenditures
This is from the New York State Board of Elections. It lists the expenditures made by the New York State Independence Party Campaign Account.
$600.00 – BAKER PUBLIC RELATIONS 350 NORTHERN BLVD ALBANY, NY 12204
$750.00 – CAMPAIGN UNLIMITED 47 FLINTLOCK DRIVE SHIRLEY, NY 11967
$2,500.00 – CAPITAL ADVOCATES LLC 3 AURORA AVENUE SARATOGA SPRINGS, NY 12866
$2,971.06 -DIGITAL PRESS 5 SAND CREEK ROAD ALBANY, NY 12205
$1,000.00 NYS INDEPENDENCE PARTY HOUSEKEEPING ACCOUNT 47 FLINTLOCK DRIVE SHIRLEY, NY 11967
Total $7,821.06
As an observant reader may notice, Campaign Unlimited shares the same address as the NYS Independence Party Housekeeping Account. This address is a private residence. So it appears that the Independence Party leadership took a fee of $1,000.00 for handling the money. It also seems like there may have been a little self dealing going on here as whatever Campaign Unlimited might be, they took $750.00 for their services.
Who is Capital Advocates LLC?
Capital Advocates LLC is a consulting firm located in Saratoga Springs. William Teator is its principal and founder. It appears that he began his career in 1994 as the press secretary for Gerald Solomon. Mr. Solomon was the Republican Congressman representing Saratoga Springs for many years. From 1999 to 2002 Mr. Teator was the government affairs consultant for the Solomon Group LLC, a lobbying firm. In 2003 he established Capital Advocates and became affiliated with the Livingston Group LLC that had acquired the Solomon Group. The Livingston Group is a lobbying organization established by Robert “Bob” Livingston who had been the Republican Congressman from Louisiana. According to this recent article in Politico, Congressman Livingston had been in line to replace Newt Gingrich as Speaker of the House when his rather lurid past involving extra-marital affairs, exposed by Hustler magazine, led to his resignation. As part of his resignation he called for Bill Clinton to join him. Clinton was on the verge of his impeachment in the House. As the readers of this blog who are old enough may recall, President Clinton declined Bob’s offer.
The Livingston Group now finds itself entangled in the Trump impeachment. Livingston represents a number of Ukrainian Clients. Livingston was referenced by Catherine Croft, former National Security Council Director responsible for Ukraine, in her testimony in the impeachment hearings. She testified that he had contacted her to urge her assistance in getting rid of the then ambassador to the Ukraine, Marie Yovanovitch. She testified, “He (Livingston) characterized Ambassador Yovanovitch as an ‘Obama holdover’ and associated with George Soros…” She said she was unclear on whose behalf Livingston had contacted her and Politico’s attempt to reach Livingston on this issue failed.
Allocation Report
Among the reports submitted to the NYS Board of Elections by the New York State Independence Party Campaign Account was a Schedule R. According to the Board of Elections the purpose of this report is:
Schedule R is used by Party committees, constituted committees and authorized multi-candidate committees to allocate campaign expenses among the candidates they support according to the relative benefit each candidate received from the expenditures. (These amounts are cumulative per candidate for the campaign cycle.)
The purpose of this report appears to be to identify on whose behalf the moneys raised were spent. In their October filing they identified Michele Madigan as the beneficiary, and the amount spent on her behalf as $6,076.06.
While Michele Madigan enjoyed a high profile in the mailings that I remember receiving, the mailings featured all the candidates (see sample above). In fact, one of the mailings primarily featured Skip Scirocco. This report appears to reflect a cavalier attitude regarding the committee’s responsibilities to accurately document their activities.
The State Independence Party Fails To File Final Report
The New York State Independence Party Campaign Account was required to submit a final report of its contributions and expenditures in a “Post General Report” within twenty-seven days following the election. This is an important report because there is usually a great deal of activity right before the actual election which this report is supposed to address. As the election was on November 5, the report was due by December 2. It is unfortunately not unusual for these reports to be late. There is no penalty for being late and the Board lacks any authority to enforce compliance. [JK: Hard to restrain myself from some snarky comment about this]
It Is What It Is
The reality is that the practices laid out in the Times Union article are not unusual nor unique to the Independence Party. There is nothing especially sinister or particularly creative about supporting candidates’ campaigns through donations to the parties that have endorsed them. It is how candidates regularly get around the limits of what they can receive directly, and all parties operate in this manner.
The Supreme Court in its Citizens United decision pretty much destroyed the weak remnants of limits on campaign financing. If you are not familiar with the decision here is a link to the Wikipedia explanation.
My Conversation With Eddy Miller, Chairman of the Saratoga County Independence Party
Full disclosure: I consider Eddy Miller, the chairman of the Saratoga County Independence Party, to be a friend.
I spoke with Eddy about the The New York State Independence Party Campaign Account. Eddy reminded me that during the recent campaign period he had undergone open heart surgery and was not involved with those events. He made clear to me, however, that he had strongly advocated to the state leadership of the Independence Party to help the candidates in the Saratoga Springs election that his party had endorsed. He also noted that the local Saratoga County Independence Party Committee that he chairs had scrupulously followed all the reporting requirements regarding both the contributions they received and the expenditures that they made.
[JK: I received this press release from the city Department of Finance]
Saratoga Springs, NY — Commissioner of Finance, Michele Madigan, is pleased to announce the appointment of Deirdre O’Dwyer-Ladd as the Deputy Commissioner of Finance effective January 1, 2020. Deirdre’s academic background touts a Bachelor of Arts in Political Science from the University of Vermont and an MBA from the University of Colorado.
Her 25-year career has spanned a variety of industries including banking, corporate retail, academia, sales, and advertising. For years, Deirdre has also worked with non-profit organizations to help their strategic planning, marketing and mission alignment. Yet, many of you know Deirdre as an active community volunteer, mother of three, with a strong passion for our City.
Since moving to Saratoga Springs with her husband, Michael in 1998, Deirdre has sat on numerous volunteer boards, city and school committees, and grassroots organizations, earning respect amongst her colleagues and peers. Deirdre is also mom to sons Jack, Declan, and Patrick.
In 2007, Deirdre was recognized by the Mayor of Saratoga Springs for her local leadership and fundraising initiatives. In 2011, she was elected to the Saratoga Democratic Committee and, in 2015, she was honored by the Prevention Council of Saratoga County for her years of dedicated service and commitment.
“Positive economic development often stems from fiscally sound, strategic and collaborative, community development stated Commissioner of Finance Michele Madigan, I am confident that Deirdre’s proven thought-leadership will be a true asset to our city and will help promote the Finance Department’s many transformational projects”.
“Politics runs in Deirdre’s family and seems to be in her heart and soul” stated Madigan. Deputy O’Dwyer-Ladd is the granddaughter of Paul O’Dwyer who was civil liberties lawyer and heavily involved in NYC politics for much of his life serving as New York City Council President and was the NYC representative to the United Nations. His brother was Mayor of NYC, William O’Dwyer, and Paul’s youngest son (Deputy O’Dwyer-Ladd’s uncle) Brian O’Dwyer also a civil liberties lawyer in NYC was appointed the Commissioner of the United States National Commission of UNESCO by Unites States Secretary of State Hillary Clinton. Commissioner Madigan further stated “Deputy O’Dwyer-Ladd will work hard for the City of Saratoga Springs and further propel its prosperous future”
Before the City Council could act at its December 23 meeting on the proposed rezoning called for by the Comprehensive Plan (which included the controversial Hospital parcel) the Council had to complete the State Environmental Quality Review (SEQR) process. The process involves answering a series of questions that are meant to determine whether or not a proposal will require a more extensive environmental study before approval.
The SEQR process is really designed to address actual building proposals. The requirement that zoning changes had to go through the SEQR process created the classic situation of trying to fit a round peg in a square hole.
The SEQR form is structured as a series of questions with boxes to check for the answers yes or no. Here is an example (the last question on the form):
A. This project [JK: Emphasis added] will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued.
Part III Item A
Both Commissioners Peter Martin (who is an attorney) and John Franck commented on the repeated use of the word “project” in the questions on the form. There is no specific “project” under consideration by the Council. City Attorney, Vince DeLeonardis, explained to the Council that for purposes of dealing with the zoning changes before them, the word “project” should be understood to mean the zoning changes on the map they were to vote on.
Poorly crafted legislation results in situations like this.
After considering each SEQR question separately the Council unanimously agreed that the zoning changes called for by the Comprehensive Plan would have no negative environmental impact ( a double negative known as “neg dec”) .
A confused public might rightly ask, how is this possible since the rezoning will allow the Hospital’s project to move forward. On its face it seems axiomatic that a project of this magnitude would seem to inevitably impact the environment.
The answer is that the Council was not considering an actual project that would involve architectural plans, and specifics about lighting, drainage, etc. Zoning simply determines what kinds of uses will be allowed on particular parcels of land and this was the only issue under consideration at the Council meeting. The specifics of what any project proposed for that parcel may actually look like are unknown so any discussion of details of what might be constructed would be entirely speculative.
In stating his opposition to the zoning changes before the Council John Franck claimed the Hospital had a “plan” calling for constructing a building larger than the White House on the parcels under consideration for a zoning change.
It is important to understand, however, that while the proposed zoning change that was before the Council allowed for a medical office building, it did not speak to the issue of what kind of building will actually be built.
Theoretically the building could be some small office that would have a tiny footprint with negligible impact on anything. Of course this is not what the Hospital has in mind but the central issue here is that whatever facility the Hospital would like to construct will have to go before the city’s Planning Board for what is called site plan review which will include another SEQR process.
It will be in the “site plan review” process by the Planning Board that all facets of the actual Hospital project will be presented and scrutinized. The Hospital will have to convince the Planning Board that it can build its idea of a medical office building while mitigating the many potential negative impacts such a structure might have on the areas around it,.
As someone who has endured too many Planning Board meetings, there actually has been on the rare occasion a case of the Planning Board telling a developer that their proposal was too big to be accommodated by the plot on which it would sit.
So the motion crafted by the City Attorney and adopted by the Council on December 23 took great pains to state that the Council had no actual proposal for any site before them. The motion noted that any actual development on any of the parcels that were to be rezoned (there were eighteen total with new zoning) would be subject to a further SEQR process when and if landowners pursued development.
John Franck: “I missed it.”
Commissioner of Accounts John Franck, in his remarks explaining why he would vote no on the rezoning proposals before the Council, went on at some length that the battles over Saratoga National Golf Course’s desire to be allowed to build a hotel in the greenbelt and other major development proposals back in 2015 had resulted in the Comprehensive Plan Committee being blind to the impact of the zoning sought by the Hospital.
John mentioned several times his regret that he had missed the controversial nature of the Hospital issue himself and claimed other Council members had missed this as well when they adopted the Comprehensive Plan in 2015.
While it is undoubtedly true that people who would subsequently oppose the rezoning originally missed it, the issue has been front and center now since 2015 when the hospital applied for a Planned Unit Development to the Council as a means to allow for their expansion. The PUD died because Joanne Yepsen, Mayor at the time, and John recused themselves.
Interestingly a Planned Unit Development in a way combines both the zoning and the actual project in one package for consideration by the Council. In the case of a PUD, a developer proposes that a parcel be used for a particular purpose and presents the actual plans for the structures that will be built on that land. This provides the City Council wide latitude and control over a project. It is a two edged sword as this degree of flexibility in terms of what can be done is also potentially subject to abuse.
In fact, this has been the vehicle for previous expansions by Saratoga Hospital and it had attempted to go this route for developing its proposed medical offices back in 2105.
A subsequent effort by Chris Mathiesen, Public Safety Commissioner at the time, to block the Hospital’s plans by changing the part of the Comprehensive Plan that would allow for the Hospital’s expansion died . At the time, John offered no support to Chris and recused himself from the discussion and voting. John has not until recently raised concerns about the Hospital’s plans and has not pressed for a reconsideration of the Comprehensive Plan.
It seems to me pretty obvious that since the Comprehensive Plan that included the rezoning of property for the Hospital’s expansion was adopted in 2015, the Council has become acutely aware of the Hospital expansion issue. The fact that he and others may have originally missed it has been most clearly corrected. One would have had to be living under the proverbial rock to be unaware of the issues today. The members of the city council are fully aware that they have the authority to change the comprehensive plan and they have chosen not to.
The Hospital has successfully made their case as evidenced by the four to one vote approving the zoning change.
The attorney for the neighbors has told area newspapers that she believes there were legal flaws in the process so it is reasonable to expect that the neighbors will challenge the city’s interpretation of the SEQR along with other as yet unknown issues in court.
I want to wish all my readers a very happy new year. I would say that taken as a whole, Saratoga Springs has been something of an island of sanity considering the national picture. Let’s hope that next year will bring greater harmony both here in our city and nationally.
Saratoga Springs Public Safety Commissioner-Elect Robin Dalton Appoints Eileen J. Finneran as Deputy Commissioner
SARATOGA SPRINGS, NEW YORK (December 23, 2019) – Saratoga Springs Public Safety Commissioner-Elect Robin Dalton announced today that Eileen J. Finneran has been named Deputy Commissioner of Public Safety for the next Saratoga Springs City Council term – which will begin on New Year’s Day, January 1, 2020.
“I proudly ran, and won election, as a person who was an early adopter of the concept of ‘One Saratoga.’ This appointment applies that concept,” Commissioner- Elect Dalton stated. “Eileen brings something unique to the table: Not just a wealth of experience, but specific experience with the position she will be assuming.”
Ms. Finneran has served as Deputy Commissioner under two previous Commissioners of Public Safety (Chris Mathiesen and Ron Kim,) as well as Deputy to Mayor Valerie Keehn. Her background also includes significant experience with the Saratoga Springs’ Zoning Board of Appeals, the New York State Legislature, local educational institutions, in addition to extensive volunteer work.
“We have an ambitious agenda in Public Safety, and in the City,” Commissioner- Elect Dalton continued, “and I want the best people on my team who will help to get us there. I’m delighted to appoint Eileen.”
“By accepting this appointment, Eileen Finneran is reaching across party lines today as much as I am. We both do so in the belief that the City will be better as a result. That, to me, is “One Saratoga.” Commissioner-Elect Dalton concluded. “Thank you, Eileen, for agreeing to continue to serve our City.”
As expected, the City Council tonight (Monday) approved the new zoning map that includes the two parcels on which the Hospital hopes to construct a medical office building.
I will discuss in more detail what happened at the meeting in a blog that I hope to post shortly.
Commissioner of Public Safety Peter Martin has told the Times Union that he will be voting to approve the proposed rezoning map that will come before the City Council Monday evening. He cited the requirement that the city’s zoning should adhere to the city’s Comprehensive Plan.
Mayor Kelly and Commissioners Scirocco and Madigan have already announced their support.
It is expected that the neighbors of the Hospital’s parcel up for rezoning will challenge the changes. Zoning law provides that if a certain percentage of the property owners abutting a property challenge a zoning change to it, it requires a super majority to pass. In the case of Saratoga Springs this would require four Council votes, and it is clear that the votes are there.
Commissioner of Accounts John Franck told the Times Union that he will oppose the change. He cited the impact a project of the scale the Hospital is expected to build would have on the neighborhood. He also asserted that there are other options which would allow the Hospital to meet its goals.
I contacted John Franck and we discussed his concerns. He was especially worried about the geography of Myrtle Street. He argued that the street is narrow to begin with and that existing utility poles will make addressing this problem particularly difficult.
As adhering to the Comprehensive Plan was a compelling argument for Commissioner Martin, I asked John why he did not support Chris Mathiesen’s effort to amend the Plan back in 2016. He cited what he believed was his need to recuse himself because he provides services to two of the neighborhood associations impacted by the change.
I asked him why he had not more recently brought the issue of amending the Plan to the Council. He felt that any effort to do this would not have gotten a second. He also asserted that he was in a catch 22 situation because if the Council separated the vote for rezoning the Hospital parcels from the other zoning changes he would have to recuse himself.
The Comprehensive Plan Is Owned By The City Council
I think it is important to revisit the process of how the Comprehensive Plan is created. The Comprehensive Plan draft is developed by a committee appointed by the Mayor. Traditionally, the bulk of appointments are made by the city’s Mayor who usually allows members of the Council to make some additional appointments.
Writing a draft of such a document is a major undertaking. In the case of the last plan it was a particularly long and contentious process. Many of the members were appointed by Mayor Scott Johnson. These represented the traditional business and real estate interests. Todd Shimkus, the executive director of the Chamber of Commerce, and developer Sonny Bonacio were representative of those he chose. Michele Madigan used her two appointments to place representatives from Sustainable Saratoga on the committee and Chris Mathiesen made similar appointments.
It was no surprise that the committee was riven by conflict and its deliberations dragged on for months. In fact it continued into Mayor Joanne Yepsen’s tenure. She replaced Johnson’s chair with Geoff Bornemann who had been the city’s planner and who was active in Sustainable Saratoga.
In the end, the bitterness of the divisions was so deep that there was never a vote on the final document and a group of the committee, including Mr. Shimkus, disavowed the entire plan.
Two of the major controversies were over expansions sought by Saratoga National Golf Course and development plans put forward for property on the eastern plateau owned by Bobby D’Andrea who had been a member of the New York Assembly for many years.
While there had been consensus on many of the elements of the Comprehensive Plan, there were a host of items such as the ones associated with Saratoga National and D’Andrea that were unresolved. This whole messy package was dumped on the City Council. In the end the City Council basically adopted the items that had been agreed on by the group and dismissed the controversial ones.
This debacle in its own way, highlighted the fact that in the end the Comprehensive Plan is a child of the City Council. While the Council depends heavily on the work of the Comprehensive Plan Committee, the Council remains the essential player. The Mayor enjoys much more power over the committee appointments, but whatever a committee dominated by the Mayor may produce, it is the Council that finally votes on the plan.
It Has Always Come Down To The Council
It is unclear to me why the critics of the Hospital never pressed the Council to revise the Comprehensive Plan to address their concerns. The law seems fairly clear that the city zoning should adhere to the Comprehensive Plan. Therefore defeating the zoning change would seem to necessitate changing the part of the Comprehensive Plan calling for the change.
In the end, for those of us who have observed this long process, the critics have never been able to muster the support of a majority of the Council. Their failure is perhaps reflective of the situation that most of the voters in the city are either ignorant of what is transpiring, don’t care about the issue, or support the Hospital. The critics would like to believe that somehow the Hospital has bought the Council by making campaign donations. Wendy Liberatore, the reporter for the Times Union, has done her best to promote this narrative. Pretty much every story on the Hospital issue she writes includes the fact that the Hospital’s attorney, Matt Jones, contributed to their campaigns. The fact is that he gave money to John Franck as well as everyone else on the Council and has been an active contributor to City Council candidates for years including former Mayor Joanne Yepsen.
It is my own belief that the four members of the Council who I anticipate will be voting for the zoning changes Monday night will be doing so not only because they believe they are required to because of the provisions in the Comprehensive Plan, but also because they believe the changes are in the best interest of the city as a whole. In the end, though, that is simply my opinion.
Monday night, the Council can be expected to approve the zoning change that will affect the Hospital. The neighbors, I expect, will resort to the courts. It will drag on and sometime in the future we will all find out if the Hospital will actually be able to build its medical office building.
Saratoga Springs Politics 