Author: John Kaufmann

The Gazette reports that the Department of Public Safety will hold a public meeting on Thursday, November 21, at 6:30PM at the City Center to gather public input as the city prepares to seek proposals from outside consulting firms that specialize in municipal parking issues.

The article points out that the city’s success as a tourist destination means that although the city has about 2,300 public and private parking spaces in or near downtown and three parking garages, nearly all those spots are often taken even on weekdays.

Solutions proposed in the past such as charging for public parking have been dropped after being met with resistance. While the new City Center garage will be one answer to the problem, in the short term it will contribute to the problem temporarily taking away spaces in the High Rock Avenue lot during construction.

Here’s a link to the full article:

https://dailygazette.com/article/2019/11/16/saratoga-springs-looking-for-new-parking-solutions

In the October 22, 2019, edition of the Times Union, Wendy Liberatore reported the following allegation made by Dillon Moran, who at the time was the Democratic candidate for Saratoga Springs Public Works Commissioner running against the incumbent Commissioner, Skip Scirocco:

He [Dillon Moran] also said that Scirocco’s son, Mark Scirocco, continues to require a driver to work for the city’s DPW, something that Moran finds disconcerting.

The problem was that this was not true, and Ms. Liberatore must have known it to be untrue when she reported it. She had reported months ago that Mark Scirocco’s drivers license had been suspended for ninety days. Since it was well after the 90 days, it should have, at a minimum, prompted her to both question Mr. Moran’s assertion and check on the status of the suspension. She could also have checked with the city’s Human Resources Office regarding Scirocco’s status before printing Moran’s statement.

Bad as that is, it does not match the response by Casey Seiler to whom Ms. Liberatore reports. As the correspondence below documents, Mr. Seiler asserts that since the accusation was made by a candidate for public office, the policy of the Times Union, according to Mr. Seiler, was to seek a response from the opponent in order to address the issue. Mr. Seiler then observes that Ms. Liberatore was unable to secure a response from Commissioner Scirocco.

He then goes on to ask Mark Scirocco to address a series of questions that are at best only indirectly related to the issue of whether the newspaper had printed a patently false statement. For example, Seiler asks “Are you still a meter reader or have you taken on another set of tasks?”

Nevertheless, Mark Scirocco responds to all of Mr. Seiler’s questions.

In spite of this, Mr. Seiler still maintains that Commissioner Scirocco needs to respond before the paper will print a correction.

File This Under The Category That “Life’s Not Fair”

So there was a time when there were editors at newspapers who would have felt driven to correct any inaccuracy that appeared in the newspaper with all speed possible. They would have considered it a blot on their reputation to leave an untruth remain in print especially one that sullied someone’s reputation.

This unfortunately is not the case with the Times Union in general and Mr. Seiler in particular. Why should the unwillingness of Commissioner Scirocco to talk to the Times Union be a reason to refuse to correct an error in the newspaper for which there is ample documentation proving that the statement is false?

The reality is that Commissioner Scirocco is just one of a number of elected officials who refuse to take Ms. Liberatore’s calls. This story is a vivid example of why so many are reluctant to engage with the Times Union.

It is particularly troubling that Ms. Liberatore and Mr. Seiler would abuse their power by using the correction of an untrue statement about Commissioner Scirocco’s son as leverage to get the Commissioner to talk to them.

Below is the exchange between Mark Scirocco and Casey Seiler that is really worth a read. The TU never did publish a correction.

____________________________________________

From: mark scirocco <roc345@msn.com>
Sent: Saturday, October 19, 2019 5:07 PM
To: Smith, Rex <RSmith@TimesUnion.com>
Subject: Request for correction

Hi, Mr. Smith.

My name is Mark Scirocco, Skip Scirocco’s son. I read the article today 

https://www.timesunion.com/news/article/Water-issues-central-Public-Works-race-14546073.php

and it contains a blatant lie. Mrs. Libertore put in her article that I, ” continue to require a driver to work for the city’s DPW.” This is something that is totally untrue and I would Kindly request that it be removed and a correction be applied to the article. I have retained representation because Mrs. Libertore has also made claims in other articles about me that are also untrue, mainly claiming that I was assigned a driver, when the truth of the matter is that I have always worked and driven around with my supervisor and continue to do so to this day. She also implied that I received special treatment when she knows this is false as well, as she had foiled the records of other DPW employees who were treated the same as I was, she knows that claim to be false as well. While I am a great supporter of the press and their duty to hold public officials accountable, there should also be some standards in regards of truthfulness and not repeating false and salacious statements against private citizens. 

Thank You,

Mark Scirocco

____________________________________________

From: Rex Smith <RSmith@TimesUnion.com>
Date: Sunday, October 20, 2019 at 9:47 PM
To: mark scirocco <roc345@msn.com>
Cc: Casey Seiler <cseiler@timesunion.com>
Subject: RE: Request for correction

To Mark Scirocco:

Thank you for your note. I apologize for not responding more quickly.

Unfortunately, I’m going to be traveling Monday, so I’m unable to look into this personally. I am copying Managing Editor Casey Seiler so that he can be aware of your complaint, and he and I will discuss the matter Tuesday. If there are errors in any article, we are pleased to correct them immediately. Meanwhile, we will look into your claims.

Sincerely yours,

Rex Smith

____________________________________________

From: Seiler, Casey <cseiler@timesunion.com>
Sent: Monday, October 21, 2019 9:44:51 AM
To: mark scirocco <roc345@msn.com>
Cc: Smith, Rex <RSmith@TimesUnion.com>; Liberatore, Wendy <wliberatore@timesunion.com>
Subject: Re: Request for correction

Mr. Scirocco:

I’ve discussed this with Wendy, and she’s correct in noting that she was quoting a claim from your father’s political opponent, which she then took to your father so he could offer a response, which was also included in the story. That’s standard journalistic practice when covering a factual dispute between two politicians.

A few questions that would help us gain clarity on this subject:

• What’s the current status of your driver’s license? Would it allow you to operate a city vehicle?
• Before your 2018 arrest, did you need a partner to perform your work?
• Are you still a meter reader, or have you taken on another set of tasks?
• If you are a meter reader, can you explain why that job requires two people, so we can take that description to other municipalities to determine if it squares with their practices?
• Are there other DPW meter readers who work with partners to the extent that you do?

I can be reached at 518-454-5619 to discuss these questions or any other issues you might have.

Best,

Casey

____________________________________________

From: mark scirocco <roc345@msn.com>
Date: Monday, October 21, 2019 at 12:30 PM
To: Casey Seiler <cseiler@timesunion.com>
Cc: Rex Smith <RSmith@TimesUnion.com>, “Liberatore, Wendy” <wliberatore@timesunion.com>, John Kaufmann <john.kaufmann21@gmail.com>
Subject: Re: Request for correction

The statement is completely false  and the reporter knows it’s completely false as per her own reporting. She reported back in January, in your own paper, that there was a 90 day suspension.

While the suspension was far less then the 90 days, it would be safe to conclude that the 90 days had elapsed several months ago. Why you guys would be asking me now as to the status of my license is befuddling. She had also reported in the paper  That the only thing required to have the privileges reinstated is the license as again per her reporting, 

Unless you’re seriously suggesting that she still thinks it’s within the 90 day period, she knows his comment to be false and still decided to print it. Knowingly printing false information, regardless of the source, seems to me to be the antithesis of good or standard journalism as printing the comment lends it credence or validity, or at the very least portrays that there is still an argumentative point. 

I will also include information showing that Mr. Moran also knows it to be false. In a correspondence to me last year, he apologized to me for being raked over the coals and said “Skip did nothing wrong.”  

As for the other questions, they have been answered ad nauseam at this point.  Why Mrs. Liberatore decides to rely on poor sourcing choices is beyond me and up to you and the Times Union to figure out. 

•Ms. Liberatore  knows I have a license, as per her own reporting.

•Yes. I have worked with my supervisor Skip Colucci, for years now and still do.  He is the one, long before my arrest, that determined it was better for the two of us to work together. 

•I was never just a meter reader, I’ve worked with Mr. Colucci installing meters, since I was hired in 2013. It is just one of the many tasks we perform, which also  includes reading meters. 

•Not just a meter reader; but Mr. Colucci, my 76 year old supervisor, determines why the job requires two people. It’s essentially a job that deals with construction aspects and often times requires more then one set of hands to do the job. We also perform tasks faster, which means we are not holding up homeowners for greater periods of time. 

•Not just a meter reader; but the other two meter readers perform the task of just reading and not installing, comparing out job with theirs is not an accurate comparison. 

____________________________________________

From: Seiler, Casey <cseiler@timesunion.com>
Sent: Wednesday, October 23, 2019 5:07 PM
To: mark scirocco <roc345@msn.com>
Subject: Re: Request for correction

That’s great, we still need to hear from your father. This should be easier.

C.

_________________________________

From: mark scirocco <roc345@msn.com>
Sent: Wednesday, October 23, 2019 8:58 PM
To: Seiler, Casey <cseiler@timesunion.com>
Subject: Re: Request for correction

Yes, it should be easier. You should be contacting the individual who made the claim that is being questioned and ask him to provide you with the proof of his claim. In fact, this should’ve happened before you even reported it in the paper as a fact. The fact that you’re asking the injured party to disprove an allegation instead of asking the accuser to prove it is quite a different than what seems to be normal practice. 

_________________________________________

It is interesting how people voted in terms of third parties especially in light of the fact that Governor Cuomo and his New York State Campaign Financing Commission are trying to eliminate these independent parties.

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

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

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

Contrast this with the Gazette coverage which was brief:

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

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

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

And in contrast this from the same Gazette article:

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

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

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

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

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

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

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

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

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

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

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

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

Skip Scirocco won over Dillon Moran for Public Works Commissioner.

Michele Madigan won over Patty Morrison for Commissioner of Finance.

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

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

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

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

Here are some additional points of clarification:

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

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

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

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

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

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

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

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

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

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

• 

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

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

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

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

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

A little history and a little science is required.

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

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

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

No further incidents have occurred.

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

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

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

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

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

Steve Williams has written an excellent article on the nasty nature of this year’s campaigns in Saratoga Springs. 

The Gazette article in today’s (October 31) edition, which I link to here, reports that Scott Solomon, the owner of Siro’s, has sent a complaint to the state Board of Elections regarding Commissioner Michele Madigan.  According to the Gazette, in his claim he asserts that Commissioner Madigan “bullied constituents” and was guilty of a “clear abuse of power.”

Mr. Solomon had sought the Commissioner’s support in opening his restaurant.  Apparently he specifically asked her for and received assistance in his application for a liquor license. 

In early October, upon learning that Mr. Solomon was planning a fundraiser for Ms. Madigan’s opponent, Patty Morrison, she wrote two emails to him.  In one of them, the Gazette quotes her as having written:

“You can get in line like everyone else, I’m sorry I considered you a friend. I hear you have a lot of code violations by the way. Enjoy.”

When questioned by the Gazette regarding her emails she told Steve Williams that she had apologized to Mr. Solomon and she believed that he had accepted her apologies.  She told Williams:

“I got angry. I am human and I lashed out.  I called him and apologized.”

Most us would have found Mr. Solomon’s behavior in this affair a source of anger.  Commissioner Madigan had gone out of her way to assist him and it would only be natural to experience his actions as a kind of betrayal. 

Having said that, it is no excuse for Commissioner Madigan’s response.  Being in public office requires elected officials to display self control.  In this case Commissioner Madigan’s email was egregious.  In spite of the fact that her office has no control over the enforcement of building codes, her email could be interpreted as a threat.

There is simply no way to excuse this behavior.  The problem is that in this election we are reduced to choosing between two candidates for an office which is at the center of our city’s operation. 

As reported on in previous posts Ms. Morrison’s attitude toward the administrative duties of the Finance Office is more than disturbing.  She appears utterly cavalier about how that office works.  At one point in her debate with Commissioner Madigan she said she would maintain a 4% fund balance.  Commissioner Madigan pointed out to her that this number was grossly inadequate and would prompt an audit exception from the state Comptroller.

It was apparent that Ms. Morrison is unconcerned about the challenges of administering the Finance Office and assumes mistakenly that others will handle the duties of running that office.

In addition the literature that Ms. Morrison has been distributing  in this campaign continues to make false and misleading statements about her qualifications, actions by Commissioner Madigan, and various issues facing the city. One of her most recent pieces of literature repeats the false narrative that the city has been remiss in collecting taxes on properties.  This accusation has been thoroughly debunked.  This is emblematic of either her lack of interest in the complexity of tax collection or of her willingness to cynically exploit public ignorance regarding the matter.

Let me repeat that I find Commissioner Madigan’s behavior in her dealings with Mr. Solomon inexcusable.  I do not believe that her email to Mr. Solomon was a threat but an example of a pattern of intemperate behavior that she can be rightly criticized for.

Hopefully the voters of this city will be sophisticated enough to weigh the capabilities of the two candidates and not base their decision on who to vote for on this very unfortunate set of events.

---

[JK: I received the following statement from Commissioner Madigan]

Over the last nine months, as I’ve campaigned for my fifth term as our city’s commissioner of finance, I’ve encountered both the highs and lows of seeking public office:  the pleasure of interacting with thousands of my fellow citizens, listening to their ideas for what they want their city to be in the months and years ahead; and the on-going frustration of having my opponent’s campaign disseminate misleading information and flat-out  falsehoods on a number of topics throughout this election season. 

Recently, in a personal conversation on my private email account, I let those frustrations get the better of me.  I used language that was regrettable. I’m sincerely sorry I said it, even in private.  I am sincerely sorry for that. I have since apologized to the recipient of that email and I apologize to my supporters and our citizens for my use of poor judgment.

It is unfortunate that, now more than ever, it is politically fashionable to never admit a single mistake and to present yourself as wholly infallible at each and every turn.  But my time as a city official has taught me that true leadership requires more. A true leader is thoughtful and reflective. A true leader holds him or herself accountable even in the face of political discomfort.

All elected officials help constituents navigate bureaucracy; it’s part of the job. Most people feel betrayed when they discover that a friend is actively working against them, it is part of being human. As Finance Commissioner I have no power or authority over any business this man is doing with the city, and I regret that I made it sound like I did. I do not, have not, and will never use my office for any other purpose than to benefit the city.

WAMC has a new story out regarding Kendall Hicks, candidate for Commissioner of Public Safety, regarding a woman who went to prison for child pornography with whom he was associated.

This is a link to the WAMC story. This is a link to the letters from the woman associated with the WAMC story.