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GREENBURGH, N.Y. — In less than three weeks, Greenburgh residents will have the chance to vote for national leaders. But this year, they'll also have the chance to directly impact their local community.
Town Proposition No. 1 on the Nov. 6 ballot will seek voters' approval, both in unincorporated Greenburgh and in the villages, of a lease with Game On 365 to build a sports complex on public land on Dobbs Ferry Road. The lease, approved Aug. 13 by the Greenburgh Town Board, has been the topic of endless debate between the town and its citizens, and has spawned a lawsuit against Game On and the Greenburgh Town Board.
Lease supporters say The Westchester Field House would provide the town not only with recreational opportunities, but also with jobs and tax relief. Opponents say the facility would be costly to the town, and illegal.
Martin Hewitt, the Game On project manager, said the Field House will relieve the tax burden on Greenburgh citizens. Some local organizations say the town will bear all the financial risks.
"We will continue to encourage the residents of Greenburgh to vote on Nov. 6 in favor of the Game On 365 proposal to build The Westchester Field House, which will generate over $5 million in revenue for the town over 15 years, relieving the heavy tax burden on residents," Hewitt said.
Local organizations that filed the lawsuit, however, say the rent money that the town collects from Game On during the first year will not exceed costs borne by taxpayers.
"This doesn't even include the likely increase to the Town in community services from such a huge facility," members of the group Burst the Bubble wrote on their website. "The Town will not make any money off this property for 15 years."
The lawsuit claims the lease violated the state Finneran Law, which says residents of Greenburgh's villages may not use public facilities built on town parkland paid for only by Greenburgh residents outside the villages. But Hewitt noted that the Finneran Law specifically relates to allowing use of Greenburgh parks.
"The site at 715 Dobbs Ferry Road is not designated as a park and is owned by all residents of Greenburgh, including the villages," Hewitt said. "Finneran's does not apply, since the proposal is not to build parkland."
The lawsuit alleges other legal violations with the lease and cites residents' concerns for traffic, noise, visual impacts and pollution. The first court hearing for the lawsuit is set for Nov. 9 — three days after the referendum. Greenburgh residents can hear more information about the referendum on Nov. 2, when GATV will air comments from supporters and opponents of the lease.
Comments (4)
Mr. Feiner - if the ballot proposition fails you have once again exposed the taxpayers, myself included, in yet another lawsuit. There is nothing in your lease as i read it that allows the town to terminate the lease due to a failed referendum, shame on you and the Town Board for signing this lease before the public had an opportunity to vote. Obviously you don't care what the taxpayers think and you also don't care that you have cost us over $10,000 million in lost lawsuits.
The Town Board has made it clear that the lease is subject to approval by the voters. If the ballot proposition fails the town will pursue other options for the property.
Mr. Feiner, you're at it again.
Don't be disingenuous aka lying through your teeth.
The Lease that is on display on the Town website contains no provision for the Town to cancel or void the Lease other than a Court ruling it illegal or the Tenant being in default.
You have signed a Lease which is a Contract in writing. The tenant has several outs that it exercise if it wants to be released from the Lease. Other than Court action and other than the Tenant being in default of the Lease, there is no way the Town can FORCE an unwilling GameOn to surrender the executed Lease.
Despite already public confirmation made by the Town Board that you have signed the Lease, are you writing here now that you have NOT already signed the Lease?
Is the Lease which is depicted as THE LEASE and appearing on the Town website NOT the real Lease? It's not nice to fool either Mother Nature or the Public, especially before a Referendum. It might even be illegal since it is the Lease that the Public is voting on during the Referendum.
Or as I suspect is the case, are you and the Town Board keeping your fingers crossed and PRAYING that voters approve the Proposition; by such an outcome narrowly skirting another appearance in Court this time as the Defendant in GameOn 365, Plaintiff vs. Town of Greenburgh.
From what I understand, a Referendum held after the fact of an executed Lease has no special significance or antidote available to the Town Board regarding a mandatory voiding of the Lease. You sign; you pay the piper.
However, NOT signing the Lease until the Referendum was won would have been the proper course of action and the financially prudent one.
Hal Samis
The lawsuit, not withstanding, can a Referendum void a contract (Lease) already signed by the Town's Supervisor?
Supervisor Feiner, your footprints on this site are already established.
You don't answer questions asked at Town Hall.
Please answer this resident's two questions herewith.
Should the Referendum not pass, what is the legal basis for you to void the Lease??? Please answer before the Referendum occurs.
And for those residents without GATV access, how will they receive the equivalent education regarding the issues. Are you mailing hard copies to voters???
Hal Samis