Saratoga Springs Politics

Here is a story from Channel 6 News on reactions to using Henry Street as part of the city wide bike path.

This is the first part of a multi post piece addressing a recent article by Wendy Liberatore.  The Liberatore article purports to be a history of conflicts within the Saratoga Springs Democratic Party.

The most disturbing element in her story, which contains a number of factual errors, is her extraordinary retelling of the controversy involving then Mayor Joanne Yepsen  soliciting business from Saratoga Hospital while the Hospital was seeking Council approval for a Planned Unit Development to enable them to build a proposed medical  office building.

I am re-publishing an article by Arthur Gonick that appeared in the April 14, 2016, edition of Saratoga Today.  Mr. Gonick did such a good job describing the roots of the story that it seems best to share it in its entirety with readers who may not have seen it.

 

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Mayor/Hospital Communication Submitted to Board of Ethics

Introduction: This is a story about transparency in government, overlaid on a timeline. 

The supporting documents that will be discussed have been placed online –HERE

– for the reader’s consideration. After discussing this with management, before press time, I contacted Mayor Yepsen and invited her to respond to this story, and we pledged to print her response verbatim, in next week’s issue. 

SARATOGA SPRINGS — According to correspondence (emails and letters) and documents obtained by Saratoga TODAY, between officials at Saratoga Hospital and Saratoga Springs Mayor Joanne Yepsen, Mayor Yepsen opened discussions with the Hospital about fundraising work for her private company in October 2015, after the Hospital’s Planned Unit Development (PUD) amendment application was presented on the Mayor’s agenda earlier, at the August 18 City Council meeting.

After about three months of sporadic discussions between the two parties, Saratoga Hospital wrote to the Mayor, declining to “pursue a working relationship” while she was in office, citing concerns expressed about “… a position that could imply or suggest a conflict of interest in any way” and other concerns, on two occasions: January 14 and 15, 2016. Four days after the Hospital’s second email, on January 19, Mayor Yepsen, at the City Council meeting, announced that she was recusing herself from discussions and votes about Saratoga Hospital’s expansion, citing that she “discussed a possible private contract between me and the Saratoga Hospital Foundation,” after that possibility had been terminated by the Hospital a few days earlier.

The documents detailing these events, is a portion of documents submitted, and currently under review by the Saratoga Springs Board of Ethics.

This correspondence has been verified by an official from Saratoga Hospital, who stated, “…we are aware that these documents might someday reach the media.” The packet was originally sent by Amy V. Raimo, Vice President for Community Engagement and Executive Director of The Saratoga Hospital on March 1, in a response to a January 30 request for information letter from Commissioner of Finance Michele Madigan to President and CEO of Saratoga Hospital, Angelo Calbone.

This entire packet of correspondence has been placed online (see the set labeled Document 1), and is one of six packets of documents related to the timeline of events that was submitted to the Saratoga Springs Board of Ethics by Commissioner of Public Works, Anthony “Skip” Scirocco, on March 7.

The Board of Ethics held a meeting on Tuesday, April 12. During the public portion of the meeting, the Board Chair, Justin Hogan, acknowledged to Commissioner Scirocco that his inquiry had been received and was in the process of review. The Board of Ethics proceedings, due to the nature of the subject matters they entertain, are frequently confidential and are held under executive session. This was the case on April 12, and so there is no knowledge about any findings from that Board at this time.

This is an abridged summary of the timetable of events surrounding the discussions between Ms. Raimo and Mayor Yepsen, with key surrounding reference dates added. The timeline summary and correspondence submitted by Ms. Raimo to Commissioner Madigan covers events for the time frame beginning October 6, 2015 through January 15, 2016:

 Tuesday, August 18, 2015: At the City Council meeting, an item on the Mayor’s agenda -“Merit for Review – Saratoga Hospital Planned Unit Development Amendment Referral to Planning Board for Advisory Opinion”- passed unanimously. Subsequently, Saratoga Hospital would develop and deliver multiple presentations before the land use boards and at City Council public hearings about proposed expansion plans.

Tuesday, October 6, 2015: Ms. Raimo accepts an invitation from the Mayor for a lunch/meeting at noon on Wednesday, October 14 to discuss grant writing / fundraising opportunities for the Hospital Foundation that might be appropriate for her private firm, Critical Needs Now. The Mayor is a partner in this firm.

Tuesday, October 14, 2015: At the lunch/meeting, various possibilities and requirements are discussed, as well as the Hospital’s approval process.

 Tuesday, October 20, 2015: A follow up email from the Mayor to Ms. Raimo included a copy of the Mayor’s resume and client list, two required items noted earlier by Ms. Raimo, but did not include writing samples, which were also requested.

 Monday, December 7, 2015: Ms. Raimo receives an email from the Mayor with a second copy of the client list, and a note that said writing samples would be forthcoming. Ms. Raimo acknowledged this email the next day.

 Thursday, January 14, 2016: {Note: There appears to be some emails that crossed on this day} Ms. Raimo receives an email at 1:59 p.m. from Mayor Yepsen asking if anything additional was needed; Ms. Raimo responded at 2:38 p.m. with a reminder about the writing samples.

Later that day, the Hospital discussed and determined that it would not pursue a working relationship with the Mayor while she was in office due to potential conflict of interest concerns. Ms. Raimo communicated that determination, referencing a discussion with Mr. Calbone, to Mayor Yepsen at 3:56 p.m.

That evening, at 6:59 p.m., the Mayor sent a response to Ms. Raimo that she was sending writing samples that evening.

 Friday, January 15, 2016: The Mayor responded to the January 14, 3:56 p.m. email stating she had “…gone through the proper channels to ensure the highest integrity and transparency.” Later that afternoon, Ms. Raimo responded to the Mayor, reiterating the Hospital’s decision not to engage the Mayor’s services while she was in office for reasons previously stated.

Tuesday, January 19, 2016: The Mayor announces her recusal from the matters regarding Saratoga Hospital’s expansion.

In fact, the “proper channels” the Mayor refers to would be the city’s Board of Ethics, whom she did appear before, to ask for guidance on this matter. On January 19, the Board of Ethics issued an opinion (see document 2 online), citing section 13-3 subsection I of the Code of Ethics, found on the question that the Mayor, “…in discussing particulars of future work with the Saratoga Hospital Cares Foundation…had become involved with an entity that is ‘doing business with the City’…” and therefore would be in violation of that subsection. “On the facts presented, the Board finds that to be the case,” the opinion stated.

However, it would appear that the point was rendered moot, based on the Hospital’s earlier communications to the Mayor on January 14 and 15. Further, an elected official provided a copy of a memo that the Mayor provided to all the Commissioners, that she had sent to the Board of Ethics, as an update, dated January 16. In that note, she stated that she “had no plans to work for Saratoga Hospital Foundation at this time.” Note that this item (Document 3a and 3b) is unsigned and contains no specific sender address, but it appears to have been sent to all the other Commissioners. Subsequently, several have verified receiving it independently.

So, in fact, did the reason to recuse disappear before the announcement to do so? That appears to be an essential question. But the upshot of the Mayor’s recusal is that the Hospital will not be able to get a vote on their expansion application, as detailed in Norra Reyes’ story in Saratoga TODAY on April 8.

The timetable, as provided and independently verified, can suggest a broad range of possible motivations. It remains for the Mayor to respond, for the Board of Ethics to conclude its examinations and for you to draw your own independent conclusions.

Postscript:

A story about transparency and timing should have my own transparency included. While the reader has no inherent “right to know,” I believe it is important  for you to know this: With regards to the elected officials who provided the documentation herein: I have voted for some, not all of them, and not every time they ran in most cases – but I always voted for Joanne Yepsen. For her two elections as Mayor, and as County Supervisor before that. She even hired me to write a speech, for which I was paid $25, during one of my many sabbaticals here at Saratoga TODAY. 

 

 

According to a website named CelebStoner, Skidmore College moved up in ranking this year to #5 from its 2018 ranking as #9 in the Princeton Review’s rating of colleges in the US with “a strong affinity for marijuana.”

[JK: I received this release from the Tim Holmes campaign]

ALL FOR SARATOGA

Tim Holmes Announces Candidacy

for Mayor of Saratoga Springs

For Immediate Release

September 20, 2019

SARATOGA SPRINGS – Timothy Holmes, a business executive, philanthropist, historian and author, has announced his candidacy for Mayor of Saratoga Springs. His name will appear on the Republican line in the general election on Tuesday, November 5, 2019.

Mr. Holmes is an entrepreneur in both traditional and 21st century industries. He currently works in restoring real estate properties and in developing technologies for the 21st century workforce. He has been a leader in the non-profit sector. Applying ‘the Saratoga model’ of community revitalization, Mr. Holmes has worked for 20

years with Hudson River communities on economic revival. He believes that a full life includes community engagement with governance, business and charitable activities.

After attending schools on Long Island, NY, in Ethiopia and Japan, he graduated from the University of New Brunswick in Canada. He worked in construction in Rockefeller Center and with several foundations in New York City. While living in New Jersey in the 1980s, Holmes served as a commissioner and president of the municipal council of Rutherford, New Jersey, and in positions on its planning and zoning boards. He was trained in IBM systems administration and holds certification as a paralegal. Although his family ties to Saratoga Springs date to the city’s founding years, his residency dates to 1996.

A strong supporter of regional cooperation, Holmes has worked in social and business organizations, regional chambers of commerce and planning cooperatives such as the Historic Hudson-Hoosic Rivers Partnership. “This is a time when regional interests are converging. Through mutual planning we can realize best results,” said Mr. Holmes.

“Saratoga Springs is a world-class community and truly a gift to every person who lives here or visits. I would like to work on behalf of our people to protect it, preserve it and strengthen it for our children and grandchildren,” said Mr. Holmes. “At the same time, Saratoga Springs has set the example of a city able to reinvent itself in adapting to change over the years. We have now the opportunity to work with the County of Saratoga in shaping how the future develops around us.” Mr. Holmes said he seeks the support of every concerned citizen of Saratoga Springs regardless of political affiliation. “I will be a mayor for everyone who loves Saratoga Springs. The theme of my campaign will be ‘All for Saratoga,’” he said. “Years of service have confirmed it’s best to listen and learn from all residents.”

As Mayor, Mr. Holmes said he will focus first on:

• Protecting taxpayers through careful use of taxpayer dollars and realistic fiscal

management and investment;

• Preserving the community’s quality of life and ensuring its resilience; protecting its

neighborhoods, historic character, and open space;

• Planning for the continued growth the community is likely to experience over

the next 30 years;

• Supporting its business, arts, higher education and racing communities;

• Ensuring that city government responds respectfully to residents and is

customer-oriented and responsive to the community’s changing needs;

• Conducting the public’s business with transparency and high standards of

ethical conduct and accountability.

“I regard public service as a privilege, and I intend to be a mayor who never forgets that he serves at the will of the people,” said Mr. Holmes.

The rate of the city’s growth is a concern to residents. “Our city’s population doubled since 1950 and will substantially increase in coming years. We need to plan for the next 30 years anticipating levels of change we’ve not seen. To ensure that our community and our people have a say in future development, we need to maintain visibility and accountability on the part of the City. We can balance creation of good jobs with a healthy environment and community resilience,” he said. “Provision of efficient, high-quality public services is essential.”

Mr. Holmes said that during his administration a new fire and emergency services facility, properly staffed and equipped, will be built to serve the large and growing population on the east side of the city. “The East Side must be able to rely on the same high level of professional fire and emergency services 24/7 as is the rest of our community,” he said.

Another priority, he said, will be to support Saratoga Springs’ vibrant business community, “the beating heart of our city. These are the people who create jobs, generate millions in sales tax and property tax revenue, serve our visitors and residents, and re-invest their own money to makeSaratoga Springs one of the most attractive small cities in America.

“As mayor, I will be a stalwart friend and supporter to our partners and friends in the higher education and arts communities. They are the wellspring of creativity, economic growth and cultural renewal that makes our community so extraordinary.”

Mr. Holmes said he would restore a close working relationship with the racing community. “We recognize the unique cultural and economic gift we have in thoroughbred racing. I will do all I can to keep racing healthy, competitive, successful and beautiful, in a relationship based on mutual respect and consideration.”

Mr. Holmes has been an active full-time Saratoga Springs resident and volunteer for the last 20 years, supporting local businesses and arts enterprises, Chamber of Commerce initiatives, and serving presently on the city’s Open Space Advisory Committee and the Smart City Broadband Commission.

He and his wife Libby Smith-Holmes, are the authors of three books of local history: “Saratoga Springs: A Historical Portrait” (2000), “Saratoga Springs: A Brief History” (2008), and “Saratoga: America’s Battlefield” (2012).

Holmes has also been a leader of the Friends of Saratoga Battlefield’s effort to establish a memorial to honor America’s first veterans on the site where British General Burgoyne surrendered to American General Gates on October 17, 1777, the turning point of the American Revolution.

[JK: I received the following release today from the Finance Department.

Mike Sharp will be leaving his position as Deputy Finance Commissioner to take a position as Senior Investment Analyst at Rensselaer Polytechnic Institute in Troy.  Mike Sharp was an extraordinary public servant. Mike’s keen intellect, his attention to the smallest detail, his work ethic, and his good sense made him a tremendous asset to the city. He was underpaid as are all the deputies which itself is a problem.

Those of you who followed the “city manager” charter proposal may recall that that Charter Commission declined to interview the deputy commissioners asserting that they did little substantive work and were basically holding political patronage jobs. Anyone who had the good fortune of dealing with Mike was thoroughly disabused of this idea.

The city is fortunate to have Lynn Bachner step into the vacancy. Lynn had served previously under Finance Commissioners Matt McCabe and Michele Madigan where she earned wide respect throughout all the city’s departments who she had to deal with regularly in light of the role of the Finance Department. Everything I said about Mike accurately describes Lynn who –full disclosure–I consider a friend.]

 

M. Lynn Bachner to Return as Deputy Finance Commissioner

Effective Monday, September 23, 2019, M. Lynn Bachner will be named Acting Deputy Commissioner of Finance for the City of Saratoga Springs, returning to the position she previously served for 8 years. She will be succeeding the current deputy, Mike Sharp, who has recently accepted an offer to become a Senior Investment Analyst at Rensselaer Polytechnic Institute in Troy, NY. Mr. Sharp’s last day will be Wednesday, October 2.

 “Mike has been a valuable asset to the City for the past two years, and I wish him success in his new position,” said Finance Commissioner Michele Madigan. “The City’s current excellent fiscal standing, including our strong bond rating and well-funded reserves, is largely built on budgets that Lynn and I worked on when she last served as my Deputy. Having most recently worked as Executive Assistant to the Mayor, Lynn is well-versed on all of the City’s projects and priorities, especially those that I have partnered with the Mayor on, such as the East Side Fire & EMS Station and our goal of finding a permanent home to Code Blue. The City has several clear priorities to address in the coming year, and I look forward to working with Lynn again as we finalize the 2020 budget and work on solutions that benefit residents across the City.”

Ms. Bachner has served as Executive Assistant to the Mayor since April 2018. She has previously served as Deputy Commissioner of Finance under two administrations. Ms. Bachner holds a BA from Hamilton College, and MA from Johns Hopkins University, and a J.D. from the University of Wisconsin.

“Mike Sharp has done a remarkable job as Deputy Commissioner of Finance, and will be an outstanding asset to Rensselaer Polytechnic Institute.  I am glad I can be of service to the City at this time, and look forward to a successful budget season”, stated Bachner.

Mr. Sharp has expressed that he is exceptionally proud of the work he has done for the City.

“I will be forever grateful to Commissioner Madigan for giving me the opportunity to work on a variety of projects that I am passionate about,” said Mr. Sharp. “I’d like to thank all the City employees I’ve worked with, especially those in the Finance and IT departments, for their help along the way. Throughout my tenure, I’ve spoken with Lynn regularly about the budget, and I have complete confidence that she and Commissioner Madigan will bring forward an excellent 2020 budget.” 

Below is a release from the Saratoga Springs City website regarding the resolution of an investigation initiated in 2014 into the city’s policy on fees for connections to city water and the city’s management of these fees.  The investigation was prompted by  then Mayor Joanne Yepsen and William McTygue.  The New York State Comptroller’s office sent investigators who extensively interviewed city employees and elected officials.  They also secured an extensive inventory of city records.  Now five years later they have returned the records to the city and informed the City Attorney that the matter is closed.

 ________________________________________-

City of Saratoga Springs

Department of Public Works

Anthony “Skip” Scirocco, Commissioner of Public Works

IMMEDIATE RELEASE 

September 17, 2019 

Comptroller Closes Five-Year Water Connection Fee Investigation

Matter “Concluded, Without Report”

Saratoga Springs – City Officials announced today that a five-year investigation by the New York State Comptroller’s office into water connection fees has finally been closed. A representative from the Comptroller returned all files related to the investigation to the Saratoga Springs City Attorney’s office and reported the matter to be “concluded, without report.”

 The initial investigation was requested by former Mayor Joanne Yepsen, following reports of mishandled water connection fee waivers. In December of 2014, during the investigation, the City Council voted 5-0 to approve connection waivers that were in question for a project on Weibel Avenue. In addition, the council voted 4-1 under the advice of legal counsel, to abolish the water connection fees altogether. Yepsen was the only vote to keep the connection fees in place.

 “The conclusion of the Comptroller’s investigation without a report confirms that the council made a sound decision in 2014 to eliminate connection fees because it was a bad policy, plain and simple,” said DPW Commissioner Anthony, “Skip” Scirocco. “The only issue with water connection fees was their existence in the first place, and when they were challenged in court multiple times the City lost.”

Water connection fees were first approved by the City Council on November 24, 1992 by a resolution proposed by then Commissioner of Public Works, Thomas McTygue, in an effort to help fund the former Commissioner’s endeavor to use Saratoga Lake as the City’s water source. At that time a 1988 state report suggested that Loughberry Lake only had an approximately 10 year life span remaining as the City’s main water source.  Utilizing Saratoga Lake would have cost taxpayers between $15 million and $30 million, based upon published reports.

Time has proven the 1988 report to be inaccurate. The addition of a new water source, the Bog Meadow wells to supplement Loughberry Lake that were installed by current DPW Commissioner Scirocco, have satisfied water source capacity requirements. 

Water connection fees were challenged in court and the City lost a number of legal actions.  In 1996, the water connection fees were challenged in an action commenced in Saratoga County Supreme Court and, by Order dated May 8, 1998, were found by Supreme Court Justice, Stephen A. Ferradino, to be illegal and unconstitutional.  The Appellate Division, Third Department, affirmed that decision on appeal.

The City was also sued in an action commenced in 1997 which, likewise, resulted in an Order, this time from Saratoga County Supreme Court Justice, William H. Keniry, dated September 22, 1999, finding, again, that the water connection fees were illegal and unconstitutional.

Commissioner of Finance Michele Madigan said, “In 2014 the Finance Department acted in our Charter-given authority as internal auditor and reviewed how water connection fees were being applied following an inquiry by former Public Works Director William McTygue. When Mr. McTygue did not like the results of Finance’s thorough internal audit he approached former Mayor Yepsen, who then called on the New York State Attorney General and Comptroller to investigate the City. It’s unfortunate it took five years for the State to reaffirm what the Finance Department, and a majority of the City Council, rightly believed at the time. I’m glad that we can now put this issue to rest.”

Presently, the Department of Public Works continues to ensure an adequate water supply for residents of the City of Saratoga Springs.  In 2014, four new wells were developed at the Bog Meadow reservoir, resulting in an increase in the “safe yield” of the City’s water supply to more than 9 million gallons per day.

Stephen Williams reports in the Gazette that the City Council will be voting tonight (Tuesday, September 17) on the City Center’s plans to build a parking garage and a lease between the city and the City Center Authority that will allow the construction to move forward.

The lease will allow the City Center to build the facility on part of a city-owned parcel between Maple Avenue and High Rock Avenue.  The lease will be for a dollar per year with the city guaranteed  60 spaces for city use and a share from revenues coming from any parking charges. The current plan calls for later phases of development on the rest of the parcel to include green space, a small park, and room for potential commercial development.

The idea for a parking garage on this site has been discussed since the City Center was first built nearly 30 years ago and has been the subject of much controversy. Williams rightly gives Mayor Meg Kelly credit for bringing supporters and opponents together to finally move this project forward.

There will be a final public hearing on the project at 6:30 PM before the Council meeting which will be held at the city Rec Center. No objections were raised at the last public hearing on this two weeks ago where many supporters spoke–a sharp contrast to all the contentious hearings on the City Center project many of us sat through in the past.

Here’s a link to the Gazette story:

https://dailygazette.com/article/2019/09/16/saratoga-council-voting-on-parking-garage-lease

So the political season has apparently officially begun with one of our political lawn signs disappearing from in front of our house at mid-afternoon today in what was apparently a series of daring daytime snatchings citywide.

Steve Mittler,  candidate for Supervisor, left a message for sign stealers in one of his signs he replaced on Lake Avenue.

This is the view of the temporary two way bike lanes down Henry Street from Lake Avenue (you can see Scallions on the left) set up to test this as an urban segment of the Saratoga Greenbelt trail. [See the previous post for more details of this experiment.]

The city will set up temporary bike lanes on Henry Street to see what impact two way bike lanes will have. According to today’s (9/13/19) Gazette Newspapers:

The pilot project will allow the city to test a low-cost idea for the urban segment of the Saratoga Greenbelt Trail, a larger plan for a bicycle and multiuse loop through the countryside around the city and into its downtown core. Henry Street will be made one-way southbound between Lake Avenue and Spring Street, parking will be limited to the west side of the road, and temporary two-way bike lanes will be marked on the east side, to see if Henry could feasibly become part of an-street bike route.

Steve Williams has written an excellent piece describing the project in more detail and placed it in the context of the wider project.