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The Saratogian Newsroom blog, complete with thoughts and commentary from our newsroom staff and regular posts on happenings around town.

Monday, August 5

Public Safety Tuesday night

Executive Session at the City Council meeting Tuesday night will have discussions of a few things related to real estate in the city, including the status of two different land swaps Public Safety Commissioner Christian Mathiesen is looking at.

He would not say what the properties were or why he was interested in them, saying he would discuss them in the future but "this is definitely not the appropriate time."

From what I've heard, it may have something to do with property on the East side of the city, near Saratoga Lake, where residents have expressed concern about the need for a fire or ambulance station.


Here is a segment from an article I wrote last October, when Mathiesen said he was eying some land:

"Mathiesen said he has focused in on an area of the Eastern Plateau where a station could be located, but he would not divulge where because his office is currently looking at properties for acquisition by the city.He said with 28 square miles of city to cover, “you can make an argument for more than three stations,” but “the first step is to acquire the land.”

“I’ve been putting up with that first step for four years now,” (George Shulof, president of the Interlaken Homeowner’s Association) said. “I’m hopeful, but it’s taken too long.”

Only a small percentage of the emergency call volume goes to the Eastern Plateau, but Mathiesen said most of the responses from the new station would go to the eastern side of the city and to the Northway.
I'm told he is hoping to swap a city-owned parking lot for a piece of land on Route 9P. Mathiesen referenced "issues regarding the possible land swaps" Monday morning when asking to be added to the executive session.

The other land swap, I'm told, is that he may be looking at some kind of land swap with neighbors of the West Side Fire Station, but I've not heard any reasons why.

Also on the executive session, Accounts Commissioner John Franck will also be discussing an Article 7 proceeding — basically a lawsuit filed by someone grieving their assessment. They are usually filed by commercial or rental properties and can take years to settle.

We'll see if we actually hear anything in the open about any of that tomorrow night.

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Tuesday, April 30

City Council 2013 — VIII


Well played Ken Ivins...

Keeping it a secret what he planned to run for was a good play to get news coverage of an announcement that he would be running for supervisor, or at least to ensure it (particularly at 8 at night. I've got stuff to do!).

What he was planning to announce, in fact, may even have been a secret from him. He told me Monday he made up his mind about what to run for last Thursday. 

Ivins said "some people have really twisted my arm big time," to run against Accounts Commissioner John Franck. Ivins said he seriously considered it. In fact, I'm told he may have called Franck to tell him he was going to do it.

"That would have been rough on Ken," said Democratic Chair Charles Brown. "He probably made a good choice" to go for supervisor.

He took a couple of potshots at the Democrats in his announcement.

"This has probably been the most contentious council we have had since the Val Keehn days and I think we owe that a lot to the Democrats at the table."

But mostly he talked about the offices he decided not to pursue in lieu of a run at supervisor. 

He said he wouldn't run for public works or public safety because Skip Scirocco and Rick Wirth are running for those, but he was then able to run through the other three seats at the table as possibilities, since no one has announced a run at finance, accounts or — most importantly — mayor on the Republican ticket.

GOP Committee Chair Dave Harper said they have a candidate for that office, but won't say who yet.

He said it will be announced "on or before" May 13, when the GOP Committee will make their endorsements.

I've heard rumor for a little while here that it may be Deputy Mayor Shauna Sutton making a run at mayor and she has not denied it.

I called her today to ask about it. She called me back after 5 p.m. (you're not supposed to conduct political business during business hours as a city employee) and said she gave her word she would remain silent about who is running for anything, so she declined to comment.

"But I notice you are not calling me to deny that you are running for mayor," I said to her. She, again, didn't deny it.

Just rumor, but...

Harper said they need two more candidates to have a full slate (Which if they have mayor, would leave finance and accounts, assuming they endorse Rick Wirth). 

A few of the names he dispelled, though, were Jay Rifenbary, former Saratoga Springs School Board member and current motivational speaker, who Harper said "gave (running for Public Safety) strong consideration but pulled out." Similarly, he said Vice Chair of the ZBA Kieth Kaplan has also pulled his name out of consideration for any office (I had heard he might run for finance commissioner, but I guess not).

When I asked him about whether they would have a full slate when push came to shove, his eyebrows went up and he said "I'm not sure about that."

On Democratic Chair Brown's end, he is confident his side will have a full slate. 

At this point they'll need two supervisors and a Public Works Commissioner, which they didn't run in 2011. Brown said "I think we have one" and that he would not be a "paper lion."

For supervisor, Brown confirmed that Peter Martin is "genuinely considering" a run at the office. He is currently the interim Saratoga County clerk, but said he won't be running for that office.

He last ran in 2009 when he lost to Ken Ivins for Finance Commissioner, so it would be deja vu all over again like in the Public Safety race.

Brown, of course, said he doesn't think it will end the same. "Ken is qualified, but I suspect he won't be our next supervisor." 

In fact Christian Mathiesen told me he has spoken to Wirth about his run at his job and essentially said he would like to see the race run (and end, I'm sure) the way it did two years ago.

It was, I must say, a positive and respectful race on both sides.

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Wednesday, April 24

More than just rumors...

UPDATE: At about the same time that Lucian hit publish on this blog post, WNYT ran an exclusive report confirming Cole's retirement. We've since confirmed that news, too, although Cole has not returned numerous phone calls. Here's our story on his retirement and his turbulent 3-1/2-year tenure as police chief: http://www.saratogian.com/articles/2013/04/24/news/doc517850bbc4590888048702.txt
-- Emily

This is a rumor, but one that I have heard from a number of people (people who would know if it were true).

Chief Cole may be retiring from his role at the head of the Saratoga Spring Police Department.

I'm not sure of the reasons.

I have put calls in to: Public Safety Commissioner Christian Mathiesen, Deputy Commissioner Eileen Finneran, Cole's office and cell phones but they didn't answer and I haven't heard back.

I did speak to Assistant Chief Greg Veitch, who I hear is the likely successor, but he said he had no comment about the rumors.

He said, however, that he is no longer considering a run for Saratoga County Sheriff, a change from earlier this month when he told me he was.

Police Benevolent Association President Paul Veitch said he too had heard rumors, but would not comment on them.

Civil Service Commission Secretary Patsy Barrigan said her office has not received any letters of resignation or retirement from Cole.

She said a Civil Service list is being compiled from a test in March but won't be done until June. In the meantime, the names of the five people who took it are not public.

Last time around (in June 2011, about a year and a half after Cole's promotion to chief), there were only two people who took the test: Greg Veitch and now-retired Captain Michael Chowske.

Barrigan said Chowske still has time to come out of retirement, though, if he wanted to be considered for the job (but added, "who would want to come out of retirement?")

Like I said, I don't know the reasons, but it has certainly been a tough run for Cole as chief.

He started the job behind the 8-Ball, coming in after seven officers were laid off amid budget concerns and things didn't get better.

He was the focus of a sexting scandal that at a time when Rep. Anthony Weiner's political career was crashing and burning for the same reason. 

Last year the department was roundly criticized for its handling of information following a reported rape on a city street.

More recently there have been a series of high-profile crimes (alleged machete assault, alleged hammer assault, alleged beating of a woman with a BB gun on Granger Avenue, sexual assault and robbery of a woman outside her home on Union Street).

Major crimes, including violent crimes, are up for the third year running (See 2010 Public Safety Annual Report, 2011 Annual report and the recent 2012 Public Safety Annual Report).

Recently Assistant Chief Veitch gave a presentation at a Planning Board meeting to address some of the concerns of the public over safety in the Spa City. 


Anyway, I'll of course be following up on this tomorrow (barring hearing from any of the people I have already called tonight), so stay tuned. 


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Wednesday, April 17

City Council 2013 — VII: The Republicans

Matt Veitch evidently is not running for mayor.

His was one of the names I'd heard floated in the recent weeks as a potential Republican opponent to Joanne Yepsen, but it doesn't look like Veitch will be taking that step.

He announced Wednesday that he will be officially announcing his run for re-election to county supervisor tomorrow in this brief statement:
"Supervisor Matthew E. Veitch (R)-Saratoga Springs will be announcing his run for a fourth term as Supervisor on the Saratoga County Board of Supervisors. He will review his accomplishments, as well as outline his ideas for the future of Saratoga Springs. Please join us at the Spring Run Trailhead, near the intersection of East Avenue and Excelsior Avenue for this important announcement."
It would have been interesting to see the Saratoga Springs supervisors go head-to-head in a winner-take-all race.

Election results show that, since 2007, when he beat-out Yepsen's Democratic running mate, Cheryl Keyrouze, for the second Spa City seat on the Board of Supervisors, Veitch overtook her as the top vote-getting supervisor.

Yepsen won with 4,883 when she was first elected in 2005. 

In 2007, election results show he came in second in the race with 4,584 to Yepsen's 4,946 (Keyrouze took 4,116 votes as a second Democratic candidate).

In 2009 Veitch had flipped the tables, taking 4,757 to Yepsen's 4,240 votes.

Last time around, though, the gap had closed and the two were both neck-and-neck, receiving the least votes either had ever received for supervisor — 4,035 for Veitch to Yepsen's 4,020, though it is worth pointing out that it was essentially uncontested, since it was only the two candidates running for two seats.

Either way, we won't be seeing a Yepsen vs. Veitch race for mayor (womp womp).

It seems we will be seeing Rick Wirth take on Christian Mathiesen for Public Safety Commissioner... again. A Caroline Street bulletin board told me so for certain (though I had heard a while back that he would be running with or without the Republican nod) with a flier that said he would be holding a fundraiser at the Mouzon House at 5:30 p.m May 2 .

And another blast from two years ago, Ken Ivins Jr. will be running for... something. You can hear all about it April 29 at the Thirsty Owl, but it'll cost some campaign contributions.

I had heard a while back that Ivins would be challenging John Franck for Accounts Commissioner, but with an open seat at the Board of Supervisors maybe he's changing his focus. We'll find out at the Thirsty Owl (also get some good wine).

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Tuesday, April 9

Worth noting

County in Adirondacks takes step to close bars earlier
Tuesday, April 9, 2013
The Associated Press  

ELIZABETHTOWN — A county in the Adirondacks has taken the first step toward requiring bars to stop serving alcohol at 3 a.m. instead of 4 a.m.
Local media outlets report that the Public Safety Committee of the Essex County Board of Supervisors on Monday approved a measure calling for the earlier closing time. A final vote on the proposal is expected at a board meeting May 6.
If approved, the State Liquor Authority would make the final decision after a public hearing.
The 3 a.m. proposal is a compromise from an earlier recommendation seeking a 2 a.m. closing time, a move opposed by some tavern owners in the village of Lake Placid.
Supporters of the earlier closing time say the move would reduce alcohol-based problems and their related costs. 

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If you don't know why that would be significant in Saratoga Springs, read here.
Essex County is north of Washington and Warren counties. According to my count last April, about two thirds of counties in the state have restricted their last call hours to earlier than the latest the State Liquor Authority allows bars to stay open — 4 a.m. 
The Saratoga County Board of Supervisors shot down a vote similar to the one Essex County took in July before it even made it to a vote of the full board. 

Also, I spoke to Public Safety Commissioner Christian Mathiesen the other day about salaries and overtime for a story over the weekend on City Salaries (which now has a list of the salaries for all city employees who make more than $10,000), and we talked a little about downtown problems. 

 It didn't really fit in the story at the time, but he said according to Public Safety numbers, $135,000 in salary and overtime is "directly attributable to additional patrols needed" for the Caroline Street bar district. 

He added that many of the department's injuries  are caused on Caroline Street late at night "when people become emboldened and offer resistance to police."  (They have at least two officers out right now for it)

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Wednesday, April 3

Public (Safety) Relations

Public Safety Commissioner Christian Mathiesen doesn't like this blog

In particular, he didn't like this post from last month and he told the City Council (and anyone else watching last night's meeting) during their meeting that he was "surprised and disappointed" by it.

The post was about Mathiesen's campaign against the late-night chaos of Caroline Street, which he argues can be mitigated by rolling back last call to 3 a.m. from 4 a.m.

It was a failed effort and I said so. I don't think that's up for dispute. It barely made it out of the City Council and It didn't make it out of the committee at the county level (where any change to last call would ultimately have to be decided).

As I pointed out in the blog post, I thought Mathiesen's campaign to change last call was over until the March 19 City Council meeting when he brought it up again under an agenda item labeled: "Lawlessness after 4 a.m." 

He called me last week upset about the post. He accused me of being in the pockets of Caroline Street businesses ("I know The Saratogian gets a lot of advertising from Caroline Street") and of constantly criticizing his efforts.

First off, he is just plain wrong about that. I haven't received any direction from the publisher or advertising department. 

He also asked (not rhetorically, he waited for an answer) if I actually believed his efforts were hurting tourism in the city.

I responded that those weren't my words, that criticism came from the top three leaders of the city's tourism industry. My opinion doesn't matter.

Last night I made it to the big leagues. In an agenda item, "Late night arrests," seemingly solely dedicated to refuting my blog post, he let his criticism be known publicly. Pointing to my post (and me by name, though I had already left and was watching the webcast while filing my articles from the office) he said it was "sarcastic" and undermining his efforts.

I didn't find the post (which by now you should realize I've been linking to as frequently as possible) sarcastic and I'm certainly not ignoring his arguments. 

As I pointed out last week, my post summarized all of his efforts and quoted him extensively throughout. I'm just writing down what he's done and said.

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Wednesday, March 20

Still going after last call

Though I thought last call had already come and gone on the discussion over bar closing times, the issue came up again at City Council Tuesday night.

Public Safety Commissioner Christian Mathiesen, who last year championed a failed effort to make last call earlier, voiced a renewed appeal to address late night drunken crime at the City Council meeting Tuesday night under an agenda item titled: "Lawlessness after 2 AM."

"It is so important to acknowledge that we do have a problem," he said.

During his campaign for Public Safety Commissioner, Mathiesen referred to that problem as a "toxic atmosphere" on Caroline Street late at night.

The issue was long-debated at the City Council meeting and had a few public meetings and workshops. The State Liquor Authority said any change that happened with last call must be made at the county level.  That prompted the City Council to send the issue to the Board of Supervisors.

That didn't go so well for Mathiesen — the proposal never made it out of committee.

Still, that didn't stop his effort, or at least didn't stop him appealing to the state to continue the effort to change last call. Things had been quiet for a while, though, until Tuesday that is.

Mathiesen outlined the fight that sent two police to the hospital Friday night at just before 3 a.m. (and severely damaged the suspect's face) and, of course, the break-in at City Hall at 4:40 a.m. Saturday morning.

"People are still being over-served. Ultimately I think we really need to look at these hours," he said Tuesday. "The people who continue to deny this (problem) I do not understand."

Many of those people are bar owners, bar staff and those in the tourism industry. In fact, three heads of tourism told Mathiesen last year that he was damaging the city's reputation with his rhetoric.

Mathiesen, of course, responded to them in April saying “I think the city being dangerous late at night is counterproductive. I don’t think talking about it is. It is dangerous downtown late at night.”

He also said it is costing the city money in overtime for police and, citing Friday night's incident that sent two police officers to the hospital.

*Update* I've changed this part of the post to clarify what Mathiesen meant after he called me to clarify his point.*

Mathiesen said Tuesday that he would like a state-wide solution to last call.

"It would be better for everyone if we change last call to 2 or 3 a.m.," Mathiesen told me Wednesday, clarifying his position. "I think that would be a better solution."

Of course, given the fact that two City Council members supported the change, one recused because he is part-owner in a bar, another voted against it and one said "I’m completely disinterested in this issue... All I wanted to do was kick it to the county," I'm not sure he had the votes to change it even at the City Council level.

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Friday, February 1

More on possible City Council 2013 (Updated)

As I promised in my last post on potential City Council contenders, I have been making phone calls to people whose names I hear working their way through the rumor mill and coming out as considering runs for public office.

Last week, as you might remember, I got noncommittal responses from Ken Ivins, Bill McTygue, Scott Johnson and Joanne Yepsen, all of whom told me they hadn’t PUBLICLY made up their minds yet, but the rumors persist.

Today I called Jay Rifenbary, former Saratoga Springs School Board member and current motivational speaker, whom I have heard is considering a run for mayor against Scott Johnson or a run for Public Safety Commissioner.

Rifenbary joined the uncommitted club and said "not at this juncture," though hastily added that "It is something I want to do, whether it is in the near future or not-near future."

Rifenbary travels a lot, which he said would make it difficult, as well as family considerations, but after his six years on the school board he said "I want to serve again, but I haven't really sat down and had conversations about it."

Still, he said he is "flattered" that his name has been tossed around for a potential seat.

I also put a couple calls into former Public Safety Commissioner Richard Wirth, who has often hinted at another run for his former seat and whose name has been brought up a couple times in conversation.

Wirth V. Mathiesen II? That would be interesting and a little nostalgic, particularly if there was a McTygue in the race (though he hasn't said one way or the other).

*Update*

I did catch up with Rick Wirth today, who was also reluctant to go public with any statements about a run for office, but said "I am currently considering all my options," which is not "No," so I guess that's something and we may, indeed, be seeing a repeat of last election's race for Public Safety Commissioner.

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Monday, January 14

Comprehensive Battle

A fight may be brewing over the appointment of a Comprehensive Planning Committee, expected later this week at the State of the City Address.

Mayor Scott Johnson had originally been planning to unveil the committee by the end of last year, but he said he was still waiting on commitments from some members when New Year's came and went, so he decided to wait until Jan. 17th for the State of the City.

"It seemed appropriate," he told me last week.

Well, he might have waited too long for his own good.

At the Monday morning City Council meeting, the seeds of discontent were planted by two members of the City Council.

Finance Commissioner Michele Madigan and Public Safety Commissioner Christian Mathiesen both questioned the mayor's role in appointing a Comprehensive Planning Committee, which will be charged with reviewing the city's (wait for it) Comprehensive Plan. That document is basically a blueprint of how the city would like itself to look in the next decade or so.

"It's one of the city's most important documents," Madigan told me a couple hours after the meeting.

She and Mathiesen expressed their concerns about the fact that the mayor is appointing the entire committee.

"I can't find anything specific in our charter that the mayor appoints," Mathiesen said. Both he and Madigan cited Department of State documents which say it is the responsibility of the "legislative body" to appoint a committee or review the Comp Plan themselves.

On Page 16 of the Dept. of State's Guide to Planning and Zoning Laws, it defines the prepreation as follows:

"The legislative body of the city, or by resolution of such body, the
planning board or a special board, may prepare a proposed city
comprehensive plan and amendments thereto. In the event the planning board
or special board is directed to prepare a proposed comprehensive plan or
amendment thereto, such board shall, by resolution, recommend such
proposed plan or amendment to the legislative body of the city. "
 In the city charter, it says:

"The Planning Board shall have and exercise the powers and duties as follows:
A. At the direction of the City Council, to prepare a City Comprehensive Plan for the development of the entire area of the city."
 Both Madigan and Mathiesen said they would like the issue to be looked at, though Johnson seemed a little perturbed by the whole thing.

"I can tell you at this point in time the committee has already been constituted," he said, but added "we can talk about it."

Madigan later said while she hopes the issue can be sorted out "amicably," that "If (City Council members) are legally allowed to appoint members to any commission, I would be surprised if (other City Council members) give that right up lightly. I would not give my right to choose someone so easily." 

Of course, in the city code that outlines the mayor's responsibilities (Section 3) has this little tid-bit:
F. Initiation of reviews. The Mayor shall cause a review of the City Comprehensive Plan and City Charter to be conducted periodically. The City Comprehensive Plan shall be reviewed at least every five years, commencing with the effective date of this Charter. The City Charter shall be reviewed at least every 10 years commencing with the effective date of this Charter.

That, to me, muddies the water a little.

Madigan said she was unaware of the law until it was pointed out to her last week (I don't know by who) and that she was unaware that Johnson was planning to unveil his committee members at the State of the City.

I have been talking about his plans to appoint the committee for a couple of months now, but then sadly not everyone reads my blog or articles...

Johnson did not return a call for comment, but Mathiesen evidently did Tuesday morning. I was not yet in to get his call and he is now unavailable, so we'll just have to wait and see what happens at tonight's City Council meeting.

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Thursday, January 3

Powder burns

Well we could have used a heat shield last night at the City Council meeting as the gun debate got going (a little firearm humor, there).

I counted 11 people who got up to the mic to ask the council to cancel the gun show at the City Center Jan. 11 through 13, though I could have missed one or two.

Skidmore Political Science Professor Robert Turner, who is also married to Susan Steer, organizer of the petition to cancel the gun show, questioned holding a gun show where AR-15 rifles and AK-47s in a publicly-owned building.

"I don't see why publicly-funded facilities should be promoting this," he said. 

Phil Diamond, who often speaks about a wide range of issues at the City Council meetings (no meeting is complete without him), called for a protest in front of the City Center during the gun show.

"Let's use our First Amendment rights to battle their Second Amendment rights," he said. "Let's be as noisy as we can be at the show."

Other notable speakers were: Bill McTygue, former Democratic commissioner of public works and Charlie Samuels, the self-proclaimed 50-year-old skateboarder. Other speakers were listed in today's story on the meeting.

Most people who spoke said they did not believe Public Safety Commissioner Christian Mathiesen's resolution went far enough.

Before Finance Commissioner Michele Madigan made her amendment to strengthen the resolution (though it is still non-binding and essentially symbolic), Public Works Commissioner Anthony "Skip" Scirocco said he could find "a couple thousand dollars in my budget" to start a gun buy-back program in the city.

That did not go anywhere, since he was trying to add it to the resolution they were already working on, but it seemed like it would need its own.

The only person to speak in defense of the gun show was John Tighe, who writes the Saratoga In Decline blog (Warning, the content is crude, vulgar and is considered offensive to some most). He said the focus should be on private sales of guns, which do not require a background check, as opposed to the gun show, which is regulated and requires background checks for sales therein.

"I would protest against Craigslist," he said. "I would protest against the want ads. That's where most of these sales are happening."

He was in the minority at the meeting, though.

Carol Maxwell said she is a former gun owner and member of the NRA, but "I no longer have guns in my life."

Anyway, I wanted to offer a little clarity to the debate, because as City Center Authority President Mark Baker pointed out to me after the meeting, "there were a lot of errors in what they were saying."


I'm no gun expert, but I've shot before, I've attended the Saratoga Arms Fair and I know enough to realize that there IS indeed a lot of misinformation out there about what is legal, what isn't and what we're talking about here.

First off, there were a few references to "rapid fire" weapons or "automatic" weapons. Those are machine guns and are not legal without very regimented and specific licensing and they are not sold at gun shows.

Semi-automatic means that if you depress the trigger, only one bullet is shot. If you want to shoot another bullet, you need to pull the trigger again.

"Assault weapons" are illegal in New York State. They were illegal nationally until the ban on them expired nearly a decade ago, but not all AR-15s or AK-47s are legally considered assault weapons.


In order to be considered an assault weapon, those guns would need to also have at least two of the following add-ons: a folding or telescopic stock, a pistol grip (meaning a handle like a pistol, where you grip the gun), a bayonet mount (not that THAT seems to be much of an issue these days), a flash suppressor (which goes on the end of the barrel to reduce the flash exiting the barrel with a bullet) or a grenade launcher.

High-capacity magazines were also banned in the federal law in 1994, but magazines manufactured before the ban have always remained legal.

Here is the penal law section defining "Assault Weapons."

Penal law section 265.00

 22. "Assault weapon" 
 
(This section is for a rifle that is legally considered an "Assault weapon")  
 
 (a) a  semiautomatic  rifle  that  has  an ability  to  accept  a  detachable  magazine and has at least two of the
  following characteristics:
    (i) a folding or telescoping stock;
    (ii) a pistol grip that protrudes conspicuously beneath the action  of
  the weapon;
    (iii) a bayonet mount;
    (iv)  a  flash suppressor or threaded barrel designed to accommodate a
  flash suppressor;
    (v) a grenade launcher; 

For the record, that means an AR-15 with none or only one of those additions is not an assault weapon.

Here it is for shotguns, which can be "assault weapons":

(b) a semiautomatic shotgun that has at least  two  of  the  following
  characteristics:
    (i) a folding or telescoping stock;
    (ii)  a pistol grip that protrudes conspicuously beneath the action of
  the weapon;
    (iii) a fixed magazine capacity in excess of five rounds;
    (iv) an ability to accept a detachable magazine; or 
 
Pistols:
 
(c) a semiautomatic pistol that has an ability to accept a  detachable
  magazine and has at least two of the following characteristics:
    (i)  an ammunition magazine that attaches to the pistol outside of the
  pistol grip;
    (ii) a threaded barrel capable of accepting a barrel  extender,  flash
  suppressor, forward handgrip, or silencer;
    (iii)  a  shroud  that  is  attached  to,  or  partially or completely
  encircles, the barrel and that permits the shooter to hold  the  firearm
  with the nontrigger hand without being burned;
    (iv)  a manufactured weight of fifty ounces or more when the pistol is
  unloaded;
    (v) a semiautomatic version of an automatic rifle, shotgun or firearm;
  or 
Finally, specific models that are considered "assault weapons":
 
(d) any of the weapons, or functioning frames  or  receivers  of  such
  weapons,  or copies or duplicates of such weapons, in any caliber, known
  as:
    (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
  models);
    (ii) Action Arms Israeli Military Industries UZI and Galil;
    (iii) Beretta Ar70 (SC-70);
    (iv) Colt AR-15;
    (v) Fabrique National FN/FAL, FN/LAR, and FNC;
    (vi) SWD M-10, M-11, M-11/9, and M-12;
    (vii) Steyr AUG;
    (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    (ix) revolving cylinder shotguns, such as (or similar to)  the  Street
  Sweeper and Striker 12;
 
Here are some exceptions:
 
(e) provided, however, that such term does not include: (i) any rifle,
  shotgun  or pistol that (A) is manually operated by bolt, pump, lever or
  slide action; (B) has been rendered permanently inoperable; or (C) is an
  antique firearm as defined in 18 U.S.C. 921(a)(16);
    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
  that holds more than five rounds of ammunition;
    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
  of ammunition in a fixed or detachable magazine;
    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
  specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
  manufactured  on  October first, nineteen hundred ninety-three. The mere
  fact that a weapon is not listed in Appendix A shall not be construed to
  mean that such weapon is an assault weapon; or
    (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
  pistol  or  any  of  the  weapons  defined  in  paragraph  (d)  of  this
  subdivision lawfully possessed prior to September  fourteenth,  nineteen
  hundred ninety-four.
 
 
And on another note, here's the blotter for last night.
Jan. 3 blotter

Not much to see here. No arrests made. A few incidents of harassment. One report of subject in store "making strange comments," but that's about it.

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Friday, December 7

Public safety transparency

There has been a lot of criticism in the last few months about transparency in the Public Safety Department or the perceived lack thereof, but I will say this: things are getting better.

Just in the time that I have been working at the newspaper and covering events in the city (about two years now) I've noticed a difference in how readily information comes out of the Police Department.

They have improved their website, routinely put up mug shots (something they didn't often provide when I got here) and have gone to the Nixle service which will send text or e-mail alerts about incidents/activities/arrests that happen with the PD.

For those who are interested, you can sign up to receive those alerts at their website here.

Recent events show it isn't a perfect system, but it is definitely a step in the right direction.

The editors and I also met with Chief Chris Cole, Lt. John Catone who handles their public information, Capt. Mike Chowske who oversees the patrol unit and deals with press inquiries on administrative issues, Public Safety Commissioner Christian Mathiesen and Deputy Commissioner Eileen Finneran yesterday in City Hall to discuss communication issues.

There were disagreements over a few things but overall it was a productive meeting.

Catone is in training for his duties as public information officer at the end of which he will be certified by the Federal Emergency Management Agency (because we all know how good the federal government is about disseminating information).

In addition, if you've noticed any of the recent Police Blotters, the PD is releasing more detailed information about every arrest made in the city, which makes our job easier.

In addition, they've started e-mailing their full police blotter to the press daily. It was available before at the window at the police station, but the email means I can put it out to anyone who is interested.

So, I'll be posting the blotter here in the blog. I'd like to commit to doing it every day, but I know that as soon as I commit to that something will come up and I won't do it. So I'll just say that I'll post it as often as I can.

I'll tag the post with "Blotter" so if you are interested in seeing how each shift at the department goes, check in every day and you can see it for yourself.

If you have questions about anything in the blotter, feel free to e-mail me at lmccarty@saratogian.com and I'll do what I can to get you some answers.

Blotter 120712

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Thursday, July 12

Michele Madigan says the last call bell just rang...

Finance Commissioner Michele Madigan was the sole City Council member in the room when a county committee put the kibosh on changing last call.

State Liquor Authority representatives issued a ruling that any request for a change would have to be county-wide and come from the Board of Supervisors. Last week, though, a committee at the county voted not to make that request.

Madigan said the fact that the vote happened surprised her, but the vote itself did not.

Madigan said at the City Council table the night they forwarded it to the county that "I have no problem letting the county decide this."

After the vote, she told me: "I’m completely disinterested in this issue, and the county needs to solve it or this issue is going to keep coming up year after year after year."

At this point though, standing on the other side of the county vote, Madigan said: "As far as I'm concerned the county has spoken.""

She said she doesn't know if Mathiesen will come to the City Council before he makes his way to a conversation with State Liquor Authority representatives, which he said is his next step, but as far as she's concerned "It's done."

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Monday, June 4

More than one way to skin a cat (with a short update)

Over the weekend, I wrote a story about how bar owners are trying to address some of the issues raised by Public Safety Commissioner Christian Mathiesen regarding late night on Caroline Street.

In the course of talking to Mathiesen about some of the ways the bar owners and he have been dealing with last call issues, he brought up an interesting proposal which I had never heard before, though he said it was something he has discussed previously.

He has been looking at some way to have bars and clubs which are open past a certain time pay a fee for the cost to the city of policing the area. Mathiesen said he brought it up to bar and club owners in January.

"We need to look at ways of cutting those costs," he said, citing police overtime expenses and the number of police it takes to handle large crowds late at night.

*The next paragraph is the short update. I neglected to include this to begin with, but it was part of Mathiesen's argument. It seemed to speak to a couple of the comments that came in overnight and this morning. I meant to include it the first time but it slipped my mind. My apologies (And by the way, I don't particularly mind people leaving the same comment five times, but it doesn't mean it will get posted any sooner, I need to review them first and for good reason).

Mathiesen pointed out that special events — such as the Saratoga Race Track, 5k races and other things that require special police details — already have to pay extra fees for emergency services. Last year, for instance, according to Saratoga Assistant Fire Chief Peter Shaw, the around 38 percent of the Fire Department's overtime costs were reimbursed by special contracts. I don't have the figures at this point for how much police overtime was taken care of through reimbursements.

Bar and club owners have said that rolling last call back an hour — which is supposed to be voted on at tomorrow's City Council meeting (though it will then need to go to the county and then the state) — would hurt their bottom dollar significantly.

"If they are making that much money then they can certainly pay the cost for having police downtown," he said. In the past he said it amounted to welfare for the businesses because it costs the city more money for police than they bring in through sales tax.

At least two bar owners, though, have not heard of that plan — at least not substantially.

"It was a brief, couple minute discussion," said Tom Clancy, owner of (surprise, surprise) Clancy's Tavern on Caroline Street. But he said it was dropped after no one could come up with a way to ensure that it went specifically to late-night policing and overtime, not just to the general fund.

John Baker, owner of Gaffney's, remembers things a little differently. As he recalls, the discussion (which he too said was brief and ended with the general fund question) was about having a fee tacked on to cabaret licenses, which are necessary for any business wanting live music, and it was modest (he said $250).

Baker, though, said he wants numbers on how much police overtime is spent late at night and how it correlates to the time of last call.

"As a business person, I'll pay my fair share, but I don't want to be penalized for being legally open," he said.

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Thursday, April 19

Late night issues driving away the tourists?

Here's a Sound Off the paper received some time in the last couple days that did not make the cut because this "fella" went over the allotted time (30 seconds).

Still, I thought it should be aired, particularly after three heads of Saratoga Springs business and tourism spoke out against the message that Public Safety Commissioner Christian Mathiesen has been espousing.

"I was out in Chicago on business the other day and I was having lunch with a client. They live in Chicago and normally they come to the track in August with their family and this fella said 'You know I've heard of all of the violence in the streets and all of the movement down there to try to clean up the streets and how horrible it is.'

So they are not going to take their vacation this year and come to Saratoga. Keep it up Chris Mathiesen, I think you're doing a great job. Unfortunately it's what you want and not necessarily what's best for this area. Stick to what you do best, which is dentistry, because you are really giving this town a bad name."

In this case, though, since Mathiesen, the city's public safety commissioner, was singled out, I wanted to give him the opportunity to respond to the Sound Off.

I sent him the message so he could respond to it verbatim. Here is what the Commissioner had to say:

"To the person who wrote this Sound Off, it is hard to understand why anyone who has been coming to Saratoga Springs would not now come because we are trying to clean up 'all the violence in the streets'. Such a person would know that we have been referring to late night activities in the nightclub district. One would think that such a person would not return to Saratoga Springs if we were NOT addressing these problems.

It is hard to understand how eliminating this blemish on our reputation as a safe, fun place for tourists, conventioneers and Skidmore students is 'not necessarily what's best for this area'.

And yes, I do provide excellent dental services for my patients. Thanks for the compliment.

I am also doing a really good job as I serve on our City Council as well as in my oversight of the Public Safety Department. It is the late night problems in our nightclub district that are 'really giving this town a bad name.'

Please feel free to have the Chicago businessman call me. (518 587 3550 X 2627)

Chris Mathiesen"

Anyone else have a comment on this issue? Leave them below.

And remember (particularly when leaving comments), stay classy Saratoga.

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Tuesday, February 21

Public safety and drugs

Well, looks like public safety employees will be drug tested after all, "in the very near future," according to Public Safety Commissioner Christian Mathiesen in Tuesday night's City Council meeting.

That is different from where he was on the issue last week when he said he was not in favor of the tests. At the City Council meeting, though, Mathiesen said he still didn't think it was necessary, but "if it would make the community at large would feel safer" for having drug tests, he would look into it.

That comes after comments online and elsewhere against his position (probably from people who get drug tested at their own jobs and don't carry guns or drive at high rates of speed).

The commissioner said he would be evaluating how to implement random drug testing in the Saratoga Springs Police Department, because both the chief and the union said they were in favor of the idea.

As Police Benevolent Association President Paul Veitch said “I believe there should be a drug-testing policy because I don’t want someone with a narcotics problem working next to me," particularly when they are carrying guns.

"I haven't had anyone come up to me and say they were happy about that article in the paper," Accounts Commissioner John Franck said to Mathiesen at the City Council meeting. He was referring to my recent article regarding the public safety commissioner's stance on random drug testing. "I don't think anyone is going to be with you on this."

Of course all of the people at the table said they did not believe there is a drug problem in the department. "But if that is the case they shouldn't have a problem with it," Franck said.

Mathiesen reiterated his stance that the system in place works. That is, when the officers of the departments see a problem, they address it.

He didn't specifically name Justin Moran, but he said "I saw how well the department worked with the other situation." Being the only drug case in recent history in the department, I have to figure it was that (also based on previous comments he made in the story I already linked to). "I knew the background," he said. "I knew how effectively it was taken care of."

Franck pointed out that he had to submit to a drug test when he was hired at his accounting firm and that people at Walmart are drug tested.

"That doesn't make it ok, just because Walmart does it," Finance Commissioner Michele Madigan said. She advised caution because of false-positive tests that could end a person's career.

"We don't want to kill anyone either," Franck said.

Mayor Scott Johnson also agreed with Franck (someone mark it down on the calender) about the need for drug testing. He said when firefighters are racing to the scene in their 20 ton (fire trucks range from 15 to 30 tons, I read) truck, "they are basically driving weapons."

When Franck kept citing Mathiesen's comments in The Saratogian's article, Mathiesen seemed to want to back away from it, saying something about how Franck should know not everything in the newspaper is accurately quoted. Of course, he didn't deny anything in the newspaper.

He said "I was asked if I supported random drug testing," something he said he does not. He said he was surprised by the question. "My reaction was 'What about cost? What about methods?'"

Mathiesen said he still doesn't support it, but "If the community feels otherwise we can look at it."

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Public safety and drugs

Well, looks like public safety employees will be drug tested after all, "in the very near future," according to Public Safety Commissioner Christian Mathiesen in Tuesday night's City Council meeting.

The commissioner said he would be evaluating how to implement random drug testing in the Saratoga Springs Police Department, because both the chief and the union said they were in favor of the idea.

As Police Benevolent Association President Paul Veitch said “I believe there should be a drug-testing policy because I don’t want someone with a narcotics problem working next to me," particularly when they are carrying guns.

"I haven't had anyone come up to me and say they were happy about that article in the paper," Accounts Commissioner John Franck said to Mathiesen at the City Council meeting. He was referring to my recent article regarding the public safety commissioner's stance on random drug testing. "I don't think anyone is going to be with you on this."

Of course all of the people at the table said they did not believe there is a drug problem in the department. "But if that is the case they shouldn't have a problem with it," Franck said.

Mathiesen reiterated his stance that the system in place works. That is, when the officers of the departments see a problem, they address it.

He didn't specifically name Justin Moran, but he said "I saw how well the department worked with the other situation." Being the only drug case in recent history in the department, I have to figure it was that (also based on previous comments he made in the story I already linked to). "I knew the background," he said. "I knew how effectively it was taken care of."

Franck pointed out that he had to submit to a drug test when he was hired at his accounting firm and that people at Walmart are drug tested.

"That doesn't make it ok, just because Walmart does it," Finance Commissioner Michele Madigan said. She advised caution because of false-positive tests that could end a person's career.

"We don't want to kill anyone either," Franck said.

Mayor Scott Johnson also agreed with Franck (someone mark it down on the calender) about the need for drug testing. He said when firefighters are racing to the scene in their 20 ton (fire trucks range from 15 to 30 tons, I read) truck, "they are basically driving weapons."

When Franck kept citing Mathiesen's comments in The Saratogian's article, Mathiesen seemed to want to back away from it, saying something about how Franck should know not everything in the newspaper is accurately quoted. Of course, he didn't deny anything in the newspaper.

He said "I was asked if I supported random drug testing," something he said he does not. He said he was surprised by the question. "My reaction was 'What about cost? What about methods?'"

Mathiesen said he still doesn't support it, but "If the community feels otherwise we can look at it."

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Thursday, February 16

Drug testing and public safety

I don't know how many people noticed the small update on the firefighter accused of smoking crack that ran on page 2A in the paper, but it's below if you want to read up.

The reason I draw attention to it is because of what the commissioner said about drug testing in the public safety department.

He said "I don't think it would be good for morale" for the members of the police and fire departments to be drug tested.

I know when police officers are hired, they go through rigorous background checks which, if I am not mistaken, does involve a drug test and even a polygraph test, but according to both Chief Williams and Public Safety Commissioner Christian Mathiesen, there is no drug testing policy whatsoever at the Fire Department.

“This was an isolated incident,” Mathiesen said. The commissioner said he doesn’t think drug testing would be good for the department’s morale.

Mathiesen said there was no indication that Moran ever used crack while working.

He said he believes random drug testing should only be used on “a case-by-case basis” or when an employee has demonstrated they have a history of drug abuse, but he would not comment specifically on Moran’s case or whether the drug abuse allegations against him warrant future drug testing. Otherwise, Mathiesen said he doesn’t believe drug testing is appropriate.


Commenting on The Saratogian story should have been closed (it was an oversight) because it is a crime story, but anyone can feel free to comment on this blog about it because already this morning people had a lot to say about it.

Of course, instead of talking about the accused (which is what we're trying to avoid by limiting commenting), everyone commented about the lack of drug testing.

I feel that I buried the lead on this story because no one commented about the firefighter, which was the impetus for writing the story in the first place. I only asked about the policy because I thought it should be included.

Who knew I would hear there isn't one?

It seems strange (crazy) to me that there is no drug testing policy for the SSPD or FD.

There is a drug testing policy for Walmart, and those people rarely drive a 20 ton truck at high rates of speed and don't have much on-the-job access to drugs, unlike the PD and FD, who administer drugs as paramedics. Not to mention I would guess the stress levels are probably higher in public safety (though my blood pressure does climb when I walk through the doors at Walmart).

Mathiesen pointed out as a dentist he too can write prescriptions for anything and all of the drugs at the FD are carefully monitored, but it still seems like good practice to test.

"If there is a problem," he said there should be testing. "I think that is a tool to be used on a case-by-case basis ... there is no indication at all that he was using on the job."

Of course, a drug test would prove that for sure.

I talked to someone from the State Police and they have a random drug testing policy. I'm still waiting to hear back from the Saratoga County Sheriff's Department about it.

I'm talking to Chief Chris Cole later today about something totally unrelated and I'll ask him about his feelings on the issue.

To me, it seems to be a liability issue they would be good to avoid. Test the employees (obviously I would assume 99.9999 percent of the time there would not be an issue) and that way you avoid issues like the alleged one here.

Full story below, feel free to comment on the blog because you won't be able to comment on the story on The Saratogian's website.

By LUCIAN McCARTY
lmccarty@saratogian.com
Twitter.com/SaratogianCDesk

SARATOGA SPRINGS — Disciplinary action is still pending for the Saratoga Springs firefighter who was arrested for crack possession last week.

“That is still being evaluated,” Saratoga Springs Fire Chief Robert Williams said. He would not comment further because it is a personnel issue.

Justin Moran, 31, of Leonard Road, a firefighter with the Saratoga Springs Fire Department for six years, was arrested Feb. 9 along with his live-in girlfriend, Janel Sweet, 30, following a Saratoga Springs Police Department investigation. They were charged with fifth-degree criminal possession of a controlled substance, a felony, criminal possession of hypodermic needles, criminal possession of drug paraphernalia and endangering the welfare of a child, all misdemeanors.

Neither the Saratoga Springs Fire Department nor Police Department test their employees for drugs, and Public Safety Commissioner Christian Mathiesen said he doesn’t think they should.

“This was an isolated incident,” Mathiesen said. The commissioner said he doesn’t think drug testing would be good for the department’s morale.

Mathiesen said there was no indication that Moran ever used crack while working.

He said he believes random drug testing should only be used on “a case-by-case basis” or when an employee has demonstrated they have a history of drug abuse, but he would not comment specifically on Moran’s case or whether the drug abuse allegations against him warrant future drug testing. Otherwise, Mathiesen said he doesn’t believe drug testing is appropriate.

According to court documents, Moran and Sweet were in possession of more than half a gram of crack cocaine, crack pipes and hypodermic needles at their residence.

They were charged with endangering the welfare of a child because their two young children were in the home and, according to police, they “left numerous used hypodermic needles around the house,” all of which were within reach of the children.

Court documents show that when police were searching the house, both Moran and Sweet made admissions to police about the drugs.

“You’re wasting your time. What you’re looking for is not here,” Sweet told Saratoga Springs Police Lt. John Catone. “We use it and smoke it as fast as we get it.”

Police said they found crack, though, on a paper plate in the stairwell of the basement, along with crack pipes.

Investigators also said Moran told them, “I take full responsibility for what was found in my house. I do use drugs and I have been dealing with depression.” He then allegedly told them, “I feel awful about all of this.”

Both were out on bail the next day after being held on $15,000 cash or $30,000 bail bond and are due back in Saratoga Springs City Court March 15.

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Tuesday, February 14

see Click FIXED 2.0

Just talked to Public Safety Commissioner Christian Mathiesen and he's got news that will make Glenmore Avenue and West Circular Street residents' hearts go a-pitter-pat.

Recently a number of residents of those roads complained to SeeClickFix.com about inconsiderate drivers using their road to cut through to avoid the light at West and Grand avenues, something they said created a lot more traffic than the small residential streets should be expected to endure.

Well, they have a friend in City Hall. Mathiesen told me Tuesday that they will be making the section of Glenmore Avenue between West Circular Street and Grand Avenue a one-way street, heading the opposite direction than people using it as a shortcut would take.

"We think this will be a solution to the problem," Mathiesen said. "We'll put it up on a temporary basis and see how it works."

That will prevent people going down West Circular Street from taking a right onto Glenmore Avenue, thereby shooting any hoped-for shortcut in the foot.

So put take that SeeClickFix commenter PD, who told residents “Too bad. We are not going to stop any time soon. Deal with it!”

Turns out, you're wrong PD.

Another little addition I neglected in the first article were the comments of Saratoga Springs Police Traffic Safety Sgt. Andrew Prestigiacomo, who said speed bumps are not used in the city for speed reduction. He said he would assign a speed detail to the area.

"It's a well-known short-cut to Grand Avenue," he said Friday. He said the city would not restrict access to the road because its a public street.

Of course, one can argue Mathiesen's plan will not restrict access per se, but rather just redefine the kind of access.

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Tuesday, January 3

New City Council - Old dynamic?

After two years of four ayes and one nay in the City Council, it will be interesting to see how the new 3-2 Dem lead in the chambers will shake out this year.

It was before my time, but I have heard stories of the old council where shouting and political maneuvering were par for the course.

A former City Coucil members told me the other day: "You'll have fun this year... as a reporter."

I agreed.

How these discussions go tonight, though, will be interesting and will give a little insight into how the council will function this term.

Anthony "Skip" Scirocco said he is optimistic. "They seem to be willing to work with us and obviously we have to work with them," he said, referring to the only other Republican member of the council, Scott Johnson.

For example, it seems that the new Public Safety Commissioner Christian Mathiesen seems to have decided he wants to discuss his campaign platform in its entirety, tonight.

Everyone else's agenda is short and sweet. The mayor said last week the first meeting of the year is generally short and simple, to let the new people get acclimated.

I don't think Mathiesen got the memo.
His agenda is:
1. Discussion: Late Night Alcoholic Beverage Sales
2. Discussion: Ambulance Service
3. Discussion: Safety on entry ways into the City

And the seemingly-apolitical:
4. Discussion: Recommendations from City Real Estate Committee presented at the 12-6-11 City Council meeting.

And just to be clear, I'm not against these things being discussed. As a reporter, it gives me something to write about on an otherwise sparse agenda.

Well, hell, welcome to 2012, we're going to get right into it.

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