Blues festival and nuisance ordinance hotly contested


Tuesday, August 10 2010
By KayCee Alameda

Strong feelings and disapproval echoed towards the decision by the Saratoga Town Council, at the July 20 meeting, to allow the Blues Festival to continue until 1 a.m. on Aug. 27.

Saratoga Resort and Spa general manager Susan Wallace told the board that the “concerts on the river have not been favorable for our business”.

Wallace said past bands had been banned from staying at the Resort and Spa because of destruction and late night partying.

Wallace said she was not aware of anyone specifically booking a room to attend the “Music on the River concerts” and if they did attend “it was just because they heard the music and walked over”.

She added that the Resort and Spa management was very concerned about the 80 guests who had booked rooms for Aug. 27.

“The Resort and Spa, and town residents within a one mile radius respectfully request that the council change the time to the reasonable hour of 11 p.m., instead of 1 a.m.,” Wallace added, “please don’t make this a bad experience for someone who might be visiting Saratoga for the very first time.”

Carol States, who lives on Veterans Street, told the council that the “business has had disrespect and disregard for the 10 p.m. noise curfew on numerous occasions.”

“There is a poor track record so far for the business owners of The Yard to adhere to that 10 p.m. curfew,” States added.

States also referenced the large party and “loud speakers” at the “Trout Club” that had to be shut down by the Saratoga Police Department at midnight.

“We are really sensitive to this high decibel noise right now and we would like the town to get this issue under control,” States finalized, “you are setting a bad precedent.”

Tom Rozell, who lives directly across the street from the “Yard”, said he called the police because he and his wife could not hear the movie they were watching inside of their house.

“This is a residential district, a residential area, and it is time that it is put to a stop,” Rozell demanded.

Cindy Bloomquist, owner of The Yard, said they are trying to keep the music at a reasonable level.

“Last weekend we shut the music down at 8:20 p.m.,” Bloomquist said.

“We have no way to measure the decibel level, but would love to measure it, because we want to keep it to a reasonable level.”

After the discussion ended, the council moved on to the review of the newly drafted Special Events Application.

Audience member Chuck Davis asked the council if “they were going to take action on this (Blues Festival) or just leave it?” Wallace said she was curious “as well” if action was going to be taken to change the time to 11 p.m. instead of 1 a.m.

Council members replied by telling the audience that the applications for the Blue Festival “were in order” and action had been previously taken, so nothing further would be done on the matter.
Wallace responded to the lack of action by saying, “in that case then the council won’t mind if I release their names and phone numbers to all of the guests at the Resort so they can call them at midnight and 1 a.m. instead of me and the chief of police.”

“I will be happy to do that then,” Wallace said, after several members of the council said the request was reasonable.

Councilman Mike McWain told Wallace and the audience he wasn’t a big fan of the “Yard” but events are what Veterans Island is for.

Councilwoman Judy Welton said other Blues Festivals had gone on until 1 a.m. and “there were no complaints”.

Mayor John Zeiger explained to a questioning audience that Bloomquist and Chris Shannon had “the right to come to the council and request extended hours for an event.”

In later business, the council then unanimously approved the catering permit and the open container waiver for the Blues Festival event.

Nuisance Ordinance
As the nuisance ordinance debate began, Richard Hodges told the council that they had “ignored the public” on the issue and were not authorized to bring about the nuisance ordinance again.
“The 150 signatures have spoken clearly, we have asked you to stop and get our permission (on the ordinance) and you have ignored us,” Hodges continued.

Chuck Davis said there were a lot more than 150 people in the town of Saratoga, and if “their names aren’t on there, then I think the ordinance is good to go.”

“Personally I think it is a pretty well-written ordinance and I think it is some of the stuff that needs to be taken care of,” Davis explained.

Davis said, to a round of applause, that it would be extremely important as to how the council handles the clean up but that the board had “done a good job on the ordinance”.

Mayor Zeiger then read a letter from local businessman Randy Raymer, concerning the newly constructed ordinance.

Raymer was in total support of the new ordinance and said he would be glad to see some of the properties in question be taken care of so they would not be affecting other adjacent properties.

Town attorney Tom Thompson said all properties must have the correct use permit, such as to pile “scrap metal” on property; otherwise, the property is in violation of the nuisance ordinance.

Town resident Dan Gorton told the council he would “like to see the ordinance passed” as he believes the town currently “lacks the tools to deal with situations within the town”.

“I do not have any fear that you or any subsequent mayor, once the ordinance becomes law, will instruct the chief of police to get his ticket book out and give everybody a ticket that hadn’t cut his lawn this week,” Gorton said.

“The intent is to make sure that people who own property take care of that property; you have other responsibilities on your property other than paying your mortgage.”

Les Westring, Sr. asked the council if the ordinance covered commercial property, and Thompson said the ordinance would have “uniform application pertaining to all lots within the city limits”.

Thompson explained that if property were permitted to have something other than a residence on the property, the nuisance ordinance would not apply.

Town engineer Chuck Bartlett told Thompson and Westring that the properties in question were in place “before Saratoga had zoning laws” and now the property falls under a non-conforming use.

As the discussion ended, Councilwoman Welton made a motion to pass ordinance 796 with a second from Councilman Ed Glode.

In a roll call vote, McWain and Councilwoman Kassey Westring voted “no” while Glode and Welton voted “yes”. Zeiger broke the tie by voting “yes” which passed the ordinance on third reading. The audience applauded the decision.

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