Second message to the Friends to Preserve Historic Saratoga Race Course

Subject:Racing & Wagering Board Meeting in Albany on Monday March 20, 2000 at 10:30 AM
From: josh@racing.saratoga.ny.us
Date: Sat, 18 Mar 2000 13:29:46 -0500

This is going out to Friends to Preserve Historic Saratoga Racecourse. As usual anyone who wants to be put on (or taken off ) the list can just ask me. The list is just an "addressbook entry" and not a listserv or mailing list.

On Monday, the 20th at 10:30 in the Albany Office of the Racing & Wagering Board there will be a meeting to discuss the construction at the racetrack. Everyone who is concerned and can attend should. I don't know exactly where it is - their web page gives the following info: 1 Watervliet Ave Extention Suite 2 / Albany, NY 12206 / 518-453-8460 I will be there.

Here is a brief summary of what's going on. I know Dick Sanzen has been active calling around making people aware of what's happening and I have to. Being the informal group that we are, we just do what we can when we can.

Around February Dick got in touch with me when he heard about the "sky boxes" that NYRA was proposing. Very shortly after that we found out about their $3 Million dollar construction plan. I started to put bits and pieces on my web, The I got the list of e-mail addresses together to keep everyone informed.

I don't know when NYRA applied for the permits.

They started removing the trees to clear the areas required for the construction before that - I think some time in February. (They will assert that they didn't need permits to do this - and as far as I know this is correct.)

The NYRA was granted the permits on the 8th.

We met with the Mayor on Friday the 10th. At the meeting we were told that he had met with Terry Meyocks and that NYRA has stated that they didn't need to go through the building permit process at all and were exempt from review from the Design Review Commission. This is probably false, unless as a quasi-governmental body they went through historic review and the Office as Parks, Recreation, and Historic Preservation as they agreed to in the stipulations of a 1985 law suit filed by Jule Hoxsie in February 1985 and Settled out of Court in March.

We also saw the plans. Oddly they would probably have sailed through any Design Review process. The only things I would imaging getting questioned are:

Making sure that the new entrances aren't fit with the historic appearance of the track. How the existing wrought iron gatework would be intergrated into the new entrances.
Insuring that what the NYRA is claiming are the historic parts of the Jockey house, jibe with the skimpy existing documentation on those structures.
They may be required to have an archeological survey of the areas they are digging up - the way the parking garage did.

Basically, NYRA is asserting that they have more rights and privledges than any home owner or business owner in Saratoga Springs, to save themselve an extra week of work.

I saw in an article in the Saratogian that NYRA was asking the Racing & Wagering Board for approval. This was odd for a variety of reasons.

First, they should have to go through the NYS Thoroughbred Capital Investment Fund which in previous, relatively recent, cases of capital improvement expenditure was the body with final approval. The way the law is written they are obliged to turn over all net profits to the state at the end of each year. And while the word "net" makes it easy to eliminate all profits, e.g. by paying them out as bonuses, they should not have $3 Million cash on hand for a capital improvement project. I will not pretend to understand the legal fine points, so I called the comptrollers office. They are supposed to get back to me.
Second, they had already started demolition. There was a nice picture of the company cutting up the old framework for the awning in the Saratogian. Thus, asserting that while approval is required for construction and they tear the place down pretty much when they want to.

In addition to various calls Dick and I have made, I made two Freedom of Information Law requests. One to see what building permits the NYRA has applied for in its history, while managing the Saratoga Racecours. I also sent a letter to Historic Preservation to see what is available there. I am somewhat saddened that State and City agencies are using the FOIL laws as a way to delay access to public records.

I have not been able to find a copy of the stipulations of Juile Hoxsie's 1985 lawsuit yet. I looked in the Saratoga county clerks office and there is nothing on file there. It would be easier if I knew where the suit was filed. She is a private citizen - so I haven't bothered her. NYRA as a quasi-govermental agency is probably subject to FOIL laws. I will probably write to them next week. I assume they will either write and tell me they are privat e or simply toss my letter. The NYS Thoroughbred Capital Investment Fund is a public authority and subject to FOIL laws. Only I haven't found out their address. As both a public authority and parties to any agreement they are my best bet, if they will make all their records available, that is.

My expectation is that, what with having everyone working 60 hour weeks on the construction site, the NYRA will complete the construction before they can be challenged. I do believe that I will be able to over time documented their hubris, presumption, and basic incompetence to manage any historically valuable facility. I believe a strong enough effort will result in them ultimately realizing they are not above the law - and that includes zoning and historic preservation law.