City Council

June 6, 2014 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Joanne Yepsen, Mayor Michele Madigan, Commissioner of Finance Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS STAFF PRESENT: Joe Ogden, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Byrnes, Deputy Commissioner, Accounts Eileen Finneran, Deputy Commissioner, DPS Sarah Burger, City Attorney EXCUSED: John Franck, Commissioner of Accounts Tim Cogan, Deputy Commissioner, DPW RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Yepsen called the meeting to order at 10:05 a.m. PUBLIC COMENT Mayor Yepsen said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Mayor Yepsen opened the public comment period at 10:06 a.m. Bob D’Andrea of 253 Crescent Avenue stated he is here to support the project. He doesn’t believe it will hurt downtown; it will help it. He hopes the Council will support the casino. Russ Pittenger of 19 George Street he is not opposed to the project, he just wants the Council to take lead agency status. Jeff Baker, an attorney of Young, Summer in Albany stated he is here representing SAVE Saratoga. The City should be lead agency for SEQRA purposes. The Gaming Commission does not pre-empt local zoning in the City of Saratoga for ancillary facilities. The question is does it fit within the zoning code of the City of Saratoga Springs. They are proposing meeting rooms and conference space which is prohibited in a pari-mutuel hotel. The use category being proposed needs to be determined before determining who is City Council Meeting 6/6/14 going to be lead agency. He urged the Council to write to the Gaming Commission and they will be sending a letter next week laying out the legal basis on why they should be asserting lead agency. Charlie Morrison of 88 Court Street stated we have to apply to the Gaming Commission to be an involved agency. Out best option is to complete the letter already started asking to be an involved agency. Rob Davis of 61 Phila Street stated he doesn’t see the down side to filling out and sending in the consent form. It becomes a matter of discussion and negotiation. Theresa Capozola of 57 Gilbert Road stated this is about development. We have a comp plan that needs to be followed by every developer. We are asking that this application properly identified who the involved agencies are; which we are. She urged the Council to have the application corrected. Ethan Lerman of 64 Woodlawn Avenue stated his organization went to the trouble of retaining legal counsel and asked the Council if they had any questions for Mr. Baker. Bill McTygue of 15 York Street stated the public is totally confused regarding the details of SEQRA. This is a good project and we should start working with these people. This is about providing the tools to a group that is against the project. Sara Bovin of 129 Nelson Avenue stated SAVE Saratoga is asking the City to exert its rightful jurisdiction as lead agency and uphold the resolution of March 2014. At one point the City had those concerns. Where did they go? Denise McDonald of 61 Phila Street stated a lot of people in this community have done research on this issue as a good citizen. No way are they trying to harm the City or the racino. Joe Kulin of 1 Bunker Hill stated he supports Commissioner Scirocco’s initiative. It is a clever strategy to get us in front of the Gaming Commission as an involved party. We should go there with confidence as an involved party and assert ourselves that way. Jeff Baker stated the City doesn’t have to ask to be involved; they are involved by virtue of their own law. Tom McTygue of Henry Street stated it is important to allow the project to go ahead. They already walked away from the attempt to bring casino gambling here. The industry will be hurt by 40 – 45%. The largest group that comes here to play the machines is from Albany, Troy, and Schenectady. When you lose this percentage you are going to lose employees. This is a group who invests money back into this community. Support it. Phil Diamond of 55 Railroad Place stated when he first came to Saratoga Springs, the racino was just being built. People claimed armageddon then and there would be crime and prostitution. None of that happened. We should welcome the expansion – it will help not hurt. Rob Wright of Saratoga Springs stated the Council is our elected officials. You are in a position of power and to represent us. What is the best way to do this? Rick Thompson of Frederick Drive stated the expansion will be beneficial and we need an event center. They have shown they can be a good partner. We need more businesses. Mayor Yepsen closed the public comment period at 10:36 a.m. Mayor’s Agenda Racino Expansion Page 2 of 4 City Council Meeting 6/6/14 Mayor Yepsen stated the focus now is protecting downtown, local businesses, an our horse racing industry. She asked Dan Gerrity (75% owner of Saratoga Casino and Raceway) for 2 things: come before the Planning Board and keep communications open. They have come before the Planning Board twice. Coming before the Planning Board will result in a full SEQRA review which is about half completed. Mark Schachtner stated all legal aspects and principals given by Sarah Burger the other night are accurate. She did a great job. He doesn’t believe we have any chance prevailing in lead agency dispute. We would lose credibility and leverage. The City has been down this road before. Since 2006; the applicable law has been amended and making it less likely to prevail. The DEC has legal authority to settle lead agency dispute, but does not have legal authority to decide who is or is not an involved agency. A court can decide that if there is a challenge. An involved agency can tell a lead agency what the issues are. This is what we are doing; like a full SEQRA involved agency. Applying for lead agency does not automatically deem us as an involved agency. Commissioner Scirocco stated we want our input taken seriously. Right now we are considered an interested agency. Mark Schachtner strongly agreed that if we were lead agency, then we would have more control over the review. We don’t have a leg to stand on to become the lead agency. On the SEQRA review side, our input into the lead agency’s SEQRA review is no different as an involved agency or interested agency. Commissioner Scirocco asked for confirmation if it is correct that the lead agency has to mitigate whatever issue is identified. Mark Schachtner stated it is a Type I SEQRA action. This does not mean it requires an environmental impact statement. We have no way of knowing in advance if the lead agency will require an environmental impact statement. Commissioner Scirocco stated no lead agency right now. He asked who is going to make that decision. Mark Schachtner stated the Gaming Commission will be lead agency if no one contests their request to be lead agency. Mayor Yepsen stated the Gaming Commission has asked to be lead agency. The DEC is listed as an involved agency and there is a list of interested agencies. Commissioner Madigan stated based on legal counsel, she feels it is not responsible to go down the path of seeking lead agency. She understands stormwater is non-discretionary. Commissioner Mathiesen stated he would defer to Mark and Sarah regarding feasibility of seeking lead agency status. He is not opposed to this project. Commissioner Scirocco stated unfortunately this law has no common sense. He is not opposed to the project but we will need to mitigate. He still feels it is a good idea; it gives us local control. Mayor Yepsen stated she will continue to draft a letter in response to the Gaming Commission. She will circulate it for Council input. Commissioner Mathiesen suggested they contact our state legislators regarding changing the law so there is some local control in the future for communities. Deputy Commissioner Sharon Byrnes read the following into the record from Commissioner Franck: I apologize for not being able to attend today’s very important City Council meeting. I cannot be there because it is my daughter McKenzie’s graduation from Saratoga Central Catholic High School. Page 3 of 4 City Council Meeting 6/6/14 I was on the City Council in 2006 during the last expansion of the racino and thoroughly understand the process relating to the City’s rights to be involved and/or lead agency. We received an opinion then which stated that unless the applicant allows us to be lead or involved agency we default to interested party. I did not like the law then and certainly do not like it now. That being said, after reviewing the law again, with land use attorney specialist Mark Schachtner and being reaffirmed by city attorney Sarah Burger, along with my re-reading of the law, I cannot in good conscience waste taxpayer’s money and resources on a frivolous lawsuit or correspondence to the state or DEC that will potentially lead to a frivolous lawsuit. I believe Mayor Yepsen’s course over the last few weeks of having open dialogue with the applicant is the appropriate way for the City officials, land use boards, citizens, and the applicant themselves to come to the best outcome possible. Therefore; if I could have been at this meeting, I would have voted no to the proposed resolution. Respectfully, Commissioner John P. Franck ADJOURNMENT There being no further business, Mayor Yepsen adjourned the meeting at 11:30 a.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7/15/14 Vote: 5 - 0 Page 4 of 4