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HomeMy WebLinkAbout2023 UDO Text Amendment Public Comment6/29/23, 12:47 PM Zimbra https://m.saratoga-springs.org/h/printmessage?id=16091&tz=America/New_York 1/2 From :noreply@civicplus.com Subject :Online Form Submittal: Land Use Board Agenda Public Comment To :julia destino <julia.destino@saratoga-springs.org>, susan barden <susan.barden@saratoga-springs.org>, susanna combs <susanna.combs@saratoga-springs.org> Zimbra julia.destino@saratoga-springs.org Online Form Submittal: Land Use Board Agenda Public Comment Thu, Jun 29, 2023 11:47 AM CAUTION: This email originated outside of the City network. Please contact IT Support if you need assistance determining if it's a threat before opening attachments or clicking any links. Land Use Board Agenda Public Comment SUBMIT COMMENTS REGARDING CITY PROJECTS Thank you for submitting your comments. Your feedback will be forwarded to the City's Planning Department and Land Use Board members. NOTE: Comments submitted later than 12:00 noon on the day before the Land Use Board meeting may not be reviewed prior to their meeting. All comments will be added to the project file in the Planning Department. Land Use Board Planning Board Name Sara Nucera Email Address sara331@gmail.com Business Name self Address 7 Mijas Trl City Saratoga Springs State NY Zip Code 12866 Phone Number 2677381466 Project Name UDO Text Amendment Project Number 2023 Project Address Field not completed. 6/29/23, 12:47 PM Zimbra https://m.saratoga-springs.org/h/printmessage?id=16091&tz=America/New_York 2/2 Comments Good Morning- Thank you for allowing me to observe last week's Planning Board Workshop. It was helpful to better understand how the Planning Board operates and shed some light on how the advisory process will be handled. While referring to the Planning Board review process, The Mayor stated on 5/16 that "this review for both the planning board here in Saratoga Springs and the planning board in the county. There will be a public hearings. They will all be open to be able to go to those and they will have those on their calendars within the next 60 days." It's hard to understand exactly what he was describing, but I interpreted it as though the Planning Board would allow public hearing at their meetings. When I asked last Thursday, it was said that there would be no public hearing/comments for this evening's meeting. On behalf of the local group Protecting All Saratoga Students (PASS) I am submitting this Google document link for the board's review. https://docs.google.com/document/d/1QBjBWznFgFt -jnb3xYFAMq4GeSj5S8EtfT3YAPfA7XU/edit? usp=sharing This document has been created to the best of our ability and we welcome any opportunity to clarify details as needed. If you prefer the submission in a different format, please email or contact me at 267.738.1466. Although I am unable to attend the meeting this evening, there will be members from PASS in attendance. Regards, Sara Nucera Attach Photo (optional)Field not completed. Email not displaying correctly? View it in your browser. Protecting All of Saratoga Students (PASS) includes people from all walks of life that are interested in ensuring the safety and education of all students in Saratoga County and the City of Saratoga Springs. We believe by working together to find a solution that ensures the safety of children while providing for the homeless. We are citizens committed to the betterment and safety of all children & students and believe that it is right to: ● Help the homeless and provide for those in need ● Ensure the safety of school children That said, given the population that will travel to and from and inherently be in close proximity to a low barrier shelter, low barrier shelters should not be located near schools, playgrounds or day-care centers. Stereotyping any group, including the homeless is not appropriate. While the homeless population is often associated with mental illness, drug and alcohol addiction, criminal convictions, etc., homeless shelters also house those, including families, who have just fallen on hard times. We feel that careful consideration should be given when deciding what goes near the most innocent and vulnerable of our community - our children. The members of The Mayor ’s Task Force on Homelessness have been appointed by City Council and County Supervisors and represent a diverse group of citizens. Some have served as members of various governmental committees, some have experience in social services and some have been homeless themselves. The Mayor has stated that he is not an expert on homelessness and that all recommendations of city committees should be seriously considered and adopted. Video Link | Timestamp 2:39:36 “This is a particular point that I've been making lately about almost all the committees that this city relies on. And it was underscored by Harvey Fox who said to me when we first walked into City Hall 14 months ago, he said “you know I was on eight parking studies, and we didn't ever adopt any of the recommendations.” You know we ask citizens to spend time and the police task force was, it was covid and there was a risk was intense. We asked them to come in and spend 9 months and we’re doing it now with the homeless task force. I’ll be damned if we are not going to seriously consider the recommendations and adopt or give them a good damn reason why we don't adopt it. (applause) Because because you know we are really training on the basically the loyalty and their spirit and their love for our city if we don't as a city council respect the fact that they sit there and they spend time and they argue and they debate and then we just say welp that was a nice report lets just put it on the shelf next to the eight parking studies and everything else. So we are going to adopt these things. Or we are going to tell the public why we can't” We were pleased when The Mayor announced that he would be bringing the Task Force’s 1000’ buffer resolution to The City Council with the intention of amending the current UDO so all Saratoga Springs Students would be ensured a safe learning environment. Would it be reasonable to expect that The Planning Board takes into account the loyalty, spirit and love for the city that the Task Force on Homelessness has shown over the past four months by reviewing the meeting minutes, video as well as any information associated with the SEQR process. We by no means want to imply that as volunteers you should be tasked with any extra homework. To provide a better sense of how the Location Exclusion Resolution aka 1000’ Buffer Resolution came to be and the public comments presented during Task Force and City Council meetings, we have compiled transcriptions with video links and time stamps. Please note that despite unanswered emails to CIty Council to locate this information, there are no minutes and/or video available on The City’s website for five out of the nine Task Force Meetings. ● May 4th, 2023 ● May 15th, 2023 ● June 1, 2023 ● June 8, 2023 ● June 26, 2023 We are also unable to locate The Environmental Assessment Form (EAF). It is typically a public document and is necessary for the SEQR review. Although the Planning Board is not performing a SEQR review, we believe the board should review the EAF information as part of the advisory process. The Evolution of the 1000’ Buffer Resolution April 20, 2023- Stephen Town presented a motion titled “Location Exclusion” Video Link | Timestamp 00:39:32 Introduction: As we begin our discussion re a shelter location, I wanted to first put forth a motion to help establish a “ground rule” that can streamline our deliberation and attempt to make our examination of options more efficient. Businesses, insurance companies, law firms and real estate companies alike, and many other entities, all utilize the term “exclusion” to eliminate certain items or matters from consideration. In our case, too, it is applicable to our location options as well. Our country is currently reeling from uncontrolled violence and unexplained behavior due to many reasons some of which are considered existent within the homeless population. Moreover, much of this activity is being conducted at schools or on school grounds. With this background, we cannot take a chance by considering, let alone recommending, a location that exposes the safety and security of the most vulnerable within our community – namely our children. We must protect them as the priority. As a result, I would like to put forth the following Motion. Motion: That no permanent shelter in Saratoga Springs be sited at a location near a School, Playground, School Bus Stop or similar locales where children meet or congregate. Children as defined by this Motion: For purposes of this motion, children are defined as any individual up to the age of 18, the base legal age of an Adult. Minimum Required Location “Buffer” for a Permanent Shelter: The minimum required distance, or “buffer,” from a School, Playground, School Bus Stop or similar locales where children meet or congregate in which a permanent shelter could be considered or sited is 1,000 feet. This is the same legal requirement that restrains pedophiles from residing or frequenting these locations. Rationale behind this Proposal: In deliberating matters of disagreement, it is not uncommon to utilize “mitigating considerations” to bring the differing parties together. Please note that, in my opinion, there are no mitigating actions that can adequately make up for compromises in the safety and security of our children. To me, it is a black and white issue. Thus, the basis behind this Motion. AYES – Towne, Roohan, Halliday, Forer, Fronk NAYS – D’Angelo, Hurley, Grintner, Connors Motion passes 5-4 It is important to note that at the end of the meeting two members went on record to state being in favor of the 1000’ buffer, but did not agree with the proposed verbiage. ● Jules D’Angelo (timestamp 1:54:40) “I just want to go on record and say that I do believe that after hearing everything we do need to have a certain buffer between children and homeless shelters.” ● Sherie Grintner (timestamp 1:55:07) “And on the same line I don't want the shelter next to children. I know what my guys can do, but I do not like the verbiage in the beginning…” May 4, 2023- Stephen Town is asked by The Mayor ’s Office for a friendly amendment to the “Location Exclusion” Resolution passed at the previous meeting Video Link | Timestamp 00:37:30 | There are no minutes to this meeting, and no public record of the original friendly amendment Stephen Towne moves to vote on the amended resolution/proposed motion titled “Location Exclusion”, transcription by Lindsey Connors Video Link | Timestamp 01:32:31 Introduction: We wish to put forth a motion to help establish a “ground rule” that can streamline our deliberation and attempt to make our examination of options more efficient. Businesses, insurance companies, law firms and real estate companies alike, and many other entities, all utilize the term “exclusion” to eliminate certain items or matters from consideration. In our case too, it is applicable to our location options as well. Based on the evaluation criteria for Special Use permits in the City of Saratoga Springs, we put forth the following motion. Motion: That no permanent low barrier shelter in Saratoga Springs be sited at a location near a school. Children are defined by this motion: For the purposes of this motion, children are defined as any individual up to the age of eighteen (18), the legal base age of an adult. Minimum required location “buffer” for a permanent shelter: At the time of the location of the shelter, the minimum required distance, or “buffer” for a school considered or sited is 1,000 feet. AYES – Towne, Roohan, Forer, Fronk, Grintner, Connors, Divito, Love, Connors ABSTAIN- D’Angelo, Hurley Motion passes 7-0-2 Tom Roohan moves to “bring forward to City Council our just passed location exclusion for them to take action on” Video Link | Timestamp 01:33:55 AYES- Towne, Roohan, Forer, Fronk, Grintner, Connors, Divito, Love, Connors ABSTAIN- D’Angelo, Hurley Motion passes 7-0-2 Notable Public Comments 1. March 16, 2023 Task Force Meeting- Courtney Manning Video Link | Timestamp 2:05:32 “First I would like to thank all of you for your willingness to serve on this task force and address this important issue in our community. I'd like to start by saying that I would hope that most citizens of the Saratoga Springs community would agree that our city has a responsibility to assist the unhoused population within our community. And while the unhoused population is indeed a vulnerable segment of our community, they are in fact not the most vulnerable. I would hope that the ENTIRE Saratoga Springs community would agree that the most vulnerable segment of our community is our children, and we have an ABSOLUTE obligation to protect them. The greatest concentration of vulnerable children within our community on any given day is where they gather to attend school. Within the city limits, those schools include Caroline Street School, Lake Avenue Elementary School, Division Street Elementary School, St. Clements School, Waldorf School, Spa Catholic Middle and High School, Saratoga Springs High School, Geyser Road Elementary School and a number of preschools. I understand that this Task Force has been charged to determine an appropriate location for a permanent 24/7 year round homeless shelter in Saratoga Springs. And while determining where such a shelter could be located is important, it is equally if not more important to establish where it should NOT be located. So my request and question is, would you be willing to include in your charge, a stipulation that any location would NOT include property immediately adjacent to ANY of the schools within our city limits. Helping the homeless is important and please protect our children.” 2. March 16, 2023 Task Force Meeting- Courtney Manning Video Link | Timestamp 2:14:20 “I have an 11 year old...I’m just curious in everybody’s experience would there be anything that you would be worried or concerned maybe not worried but concerned about an 11 year old seeing if there were something adjacent to a school…I’m just wondering if there is any potential?” Task Force member response- Timestamp 2:15:20 “The hardcore homeless that we have in Saratoga and a bunch of you know who I’m talking about. There are a couple that are just going to (motions dropping pants) and urinate and I don’t know that that’s appropriate for an 11 year old. I don’t feel that your 11 year old is going to get beat up, but they are going to be hearing foul language and urination in public and things of that nature…When we serve dinners on Saturday, Juniors and Seniors are welcome, but the little ones, I don’t want them there, not yet, because I never know who might be there. If two people aren’t agreeing at the time, the language can come out…This happened right at Code Blue this last week, the exact same thing I’m talking about. No single shelter can supervise every corner outside on what’s going to happen.” 3. March 30, 2023 Task Force Meeting- John Dooley Video Link | Timestamp 2:05:33 Thanks the Task Force first ..2:07:10 “During the Lens on Homelessness meeting, Stephanie Romeo said 70% of the unhoused suffer from mental illness and substance abuse…Sherie Grinter stated on March 16th that she would not ask elementary school students to come and support as a volunteering path. She mentioned two things. Public urination and very loud vulgar language. What’s the difference between a 5th grader and a 6th grader 10, 11, 12 years old? Mayor Kim has repeatedly referenced those in the garage as the majority of the issues and needing a low barrier shelter the most…My focus here is on responsibility, acting appropriately, having the wherewithal to do that. And public public urination, outbursts of vulgar language is not conducive to putting it by a school. We need to help them. They need our help, but not this location (Williams Street)...Please take anything, any shelter by a school out of the equation.” 4. March 30, 2023 Task Force Meeting- Sara Nucera Video Link | Timestamp 2:11:00 “Hi, my name is Sara Nucera and I am a resident of Saratoga Springs and parent of children who attend school within the city of Saratoga Springs. Thank you all for being part of this Task Force and working with the Saratoga Community and allowing citizens like myself to be part of this conversation. My comments tonight pertain to the issue of Public Safety. In looking at the current makeup of the Task Force, while it is important to have representation from some of the agencies that provide services to the homeless population, what is clearly lacking is any representation from our Public Safety department and the individuals who provide Emergency services here in our City. I am aware that the PS Commissioner chose not to appoint a representative to this Task Force, but in light of that, it seems to me that this Task Force could request that either the PS Commissioner, or the Mayor step up and add a representative to address the very clear need to examine the public safety aspect of locating a low barrier homeless shelter in our City. At a meeting with school parents - which the Mayor incorrectly and disingenuously described at a recent City Council meeting as "hostile", but was in fact extremely cordial - The Mayor and the Commissioner of Public Safety described extravagant mitigation plans to address the inherent risk of placing a low barrier homeless shelter serving a vulnerable population exactly ZERO feet from a school serving THE MOST vulnerable population in our community, our children – as I mentioned earlier, some as young as 10 years old- who go to bed at night placing a tooth under their pillow. If there is any question as to whether a high-risk segment of the homeless population - in particular those with drug and alcohol addictions - would pose a higher risk to children than the general population, and whether this level and type of risk is unacceptable, I'd like to share with you the number and types of calls that our police and emergency services have responded to in related situations. (present a print out of the data and state the numbers) Through FOIL documents and public record we compiled the emergency call records for the shelters within Saratoga Springs from January 2021-current date. We’ve also met with active fire department personnel who have responded to many of the emergency calls within this spreadsheet. I hope that this makes it crystal clear to all of you that this Task Force and the City Council MUST take public safety into careful consideration when selecting a location for a low barrier homeless shelter, and that locating this shelter near ANY school within our City limits is quite frankly a terrible idea, and I encourage this Task Force to establish as a criteria for site selection, that this shelter will not be located adjacent to or near ANY school within our City limits. We CAN help our homeless population, and we MUST protect our children.” 5. April 20, 2023 Task Force Meeting- Jan VanDeCarr Video Link | Timestamp 00:13:42 Reads email from anonymous citizen regarding shelter ignored failures, PDF attachment 6. April 20, 2023 Task Force Meeting- Fran Geissler Video Link | Timestamp 00:17:58 “I want to speak in support of it (the resolution) but I also have a concern about the fifth item which reads…” 7. April 20, 2023 Task Force Meeting- Courtney Manning Video Link | Timestamp 1:49:10 “I just wanted to… just something that was running through my head as I was sitting here and we are talking about safety and Jules, you had said that if you pass this resolution or whatever that it would make all unhoused people look bad. But let’s…and that they’re safe. So, let’s just take the safety out of this. The majority of things in life are designed to protect children. So, from birth, I don’t know how many of you have children, but from birth there’s warnings on the age appropriateness use of toys; there’s warnings on products children may come into contact with, for example, Tide detergent pods. The warning says- “do not let children handle Tide pods, even if supervised.” In 1968, The Motion Picture Association of America established a system of movie ratings for parents to use a guide to determine the appropriateness of a film’s content for children and teenagers. These ratings are assigned by a board of parents who consider factors such as violence, sex, language, and drug use and then assign a rating they believe the majority of American parents would give a movie. So everybody’s been to the movies before, you’ve got Rated G, General audiences, all ages admitted. Rated PG, Parental Guidance suggested- some material may not be suitable for children. Rated PG-13, parents strongly cautioned-some material may be inappropriate for children under 13. Rated R- Restricted- under 17 requires accompanying parent. So, a rated R motion picture may include, adult themes, adult activity, hard language, intense or persistent violence, sexually oriented nudity, drug abuse, or other elements, so that the parents are counseled to take this rating very seriously. So, safety aside, should a shelter go next to our school, I was just wondering, rhetorically, if you were to give a rating on what our children would see with a low barrier shelter joining their athletic field, what do you think that rating may be? Thank you.” 8. April 20, 2023 Task Force Meeting- Dianna Lenz Video Link | Timestamp 1:51:32 Speaks to safety in schools from social worker point of view and a parent 9. April 20, 2023 Task Force Meeting- Task Force Member Lindsey Connors Video Link | Timestamp 1:54:12 “I’m wondering, can we request a report from someone in Public Safety, the police chief, somebody to come in here and talk to us about how they feel about all of this?” Tom Roohan responds. “I will do that Lindsey” *As of 6/29/2023 it is unclear if Public Safety has been consulted* 10. May 4, 2023 City Council Meeting- John Dooley Video Link | Timestamp 2:42:21 “I am a member of a group of concerned Saratoga citizens called Protecting All Saratoga Students, P.A.S.S., or PASS for short. PASS has grown to thousands of Saratoga residents since Mayor Ron Kim declared Williams Street the next location for a low-barrier homeless shelter last October. PASS consists of hardworking, charitable families who devote much time volunteering to support local food pantries, veterans and the mentally challenged. Like many area residents, PASS cares about our city’s homeless and believes in a balanced, common-sense approach that provides for the homeless while ensuring the safety of school children. PASS knows something needs to be done to accommodate the growing homeless population, but we simply oppose the proposed location. The purpose of this public comment is to officially state PASS’ position that such a shelter should not be placed near any school in the City of Saratoga Springs. Another purpose is to publicly thank the Mayor ’s Task Force on Homelessness. All members of PASS are extremely grateful for the Mayor ’s Task Force on Homelessness passing a motion with a 5 to 4 vote on April 20th. The motion states “that no permanent shelter in Saratoga Springs be sited at a location near a School. The minimum required distance, or “buffer”, from a School is 1,000 feet.”, end quote. I will provide each of you copies of the letter from PASS and this April 20th motion. Again, I and other members of PASS care about and want to give our homeless a warm place to sleep. At least one member of your Task Force on Homelessness, whom I greatly respect and has devoted her life to caring for the homeless, has warned all of us to expect inappropriate behaviors such as public urination and loud vulgar language from those in homeless shelters. Given the risk profile of the homeless population in low-barrier shelters, locating any facility that does not require sobriety or background checks near any school or playground would put children at risk, making any such option unacceptable. Not only is it unsafe for children, but any incident involving a single child would make it difficult if not impossible for the City Council to help the homeless in the future. As city representatives, I assume that you agree. Therefore, we hope you will also agree with your own Task Force on Homelessness Mayor Kim to not support any proposals to locate homeless shelters within 1,000 feet of any school while considering other locations for such a facility. Thank you for your consideration and your hard work to advance the well being of our homeless population as well as the most vulnerable, our children.” 11. May 16, 2023 City Council Meeting- John Dooley Video Link | Timestamp 0:17:04 12. June 20, 2023 City Council Meeting- Task Force Member Sherie Grinter Video Link | Timestamp 0:56:30 “I am definitely in favor of the buffer. Working with my guys, I don't feel that they’re harmful but their behavior is not appropriate for any child really of any age, but especially the younger ones. I’ve seen some things that you wouldn't want kids to see. They curse, they fight among each other. They don't fight with outside, but among themselves they fight and they do misbehave and the police are called and all that kind of good stuff. Unfortunately one of mine just got pepper sprayed. So this isn't something a child should see so I do highly, please put this away from the children. Thank You” 13. June 20, 2023 City Council Meeting- Gail Riley Video Link | Timestamp 0:57:36 “So yes, thank you for your support of that buffer and we really support that. I think its intelligent community planning and we appreciate your working with us on that ” 14. June 20, 2023 City Council Meeting- John Dooley Video Link | Timestamp 0:59:16 “I just wanted to thank you The Council as well as the Mayor ’s Task Force on Homelessness for their careful thought, their time and ultimately coming to what we feel, I appreciate Gail and Sherie’s comments as well, the right decision on the 1000’ barrier. Thank you very much for all of your time ” In Conclusion Homelessness in Saratoga is a sensitive topic and we hope that all members will deliberate with logic and facts rather than opinion. It is worrisome that a member of The Planning Board would go on public record (April 20th Task Force meeting) to state that a suggested location was a “no go” and offered no supporting data other than “ we have a neighborhood there so for all the reasons stated for it, there are just as many reasons not to have it” . If the public record is correct, that Planning Board member ’s residence would be in fact less than 1000 feet from the suggested location. Would it be reasonable to expect that this Planning Board member would also readily go on public record to oppose a homeless shelter sited less than 1000 feet from hundreds of children. Video Link | Timestamp 00:33:00 “I actually wasn't even coming here to speak tonight but that comment about using the NAPA building is a no-go for the neighbors that live there. I being one of them. So I am not a proponent of that. I’m just making myself heard. I don't know what the process is but um, I would be a no go on that. And then the attorneys comment since im up here with regards to individuals sleeping on the lawn, in front of I think it was um Shelters of Saratoga I also live in that area i do not see that. So I will now keep my eyes open but I am not seeing people sleeping on lawns in front of the shelters of saratoga. So I don't see that as a problem. So but the reason I got up here is regarding the NAPA building um we have a neighborhood there so for all the reasons stated for it there are just as many reasons not to have it so thank you.”