Frank Scaletta plays golf two or three times a week at Hyde Park, so when the City of Niagara Falls hatched a plan to give away the golf course there, he got angry.
More than two months later, he's not any happier. Instead of griping about it, though, Scaletta plans to fight.
"My intent is to stop this deal," Scaletta said. "I'd like to stop it cold."
He's not alone. A group of angry citizens has been meeting every Tuesday for the past month, coming up with a plan of their own. Their goal -- to raise the money to take the city to court over a deal they believe is bad for the golf course, bad for the city and in blatant violation of state law.
In addition to advertising in the Niagara Falls Reporter for people to make donations or get involved, Scaletta has been passing out fliers to local businesses and presidents of the various golf leagues that compete at Hyde Park Golf Course.
To date, his primary challenge has been overcoming the cynicism of some taxpayers.
"Some don't care, some feel you can't fight City Hall and then there are others who don't know what's going on," Scaletta said. "We're trying to tell people what's wrong with this deal, and that we can fight it."
One prominent local attorney agrees. Ned Perlman met with the group last week, and Scaletta said he hopes the former Niagara County Attorney will represent the taxpayers in a suit against the city.
"Our people were very impressed by him and he's very knowledgeable," Scaletta said. "And he's not afraid to fight City Hall. He's the guy we want to hire."
Perlman was unavailable for comment over the weekend.
The courtroom has been a house of horrors for the City of Niagara Falls lately, from a lengthy string of defeats in disputes with city unions to state Supreme Court Justice Richard Kloch's decision to strike down a misguided plan to dot downtown's streets with parking meters.
As counsel for the city's firefighter's union, Perlman has administered several of those legal beatings. Should he take this case, the city legal department headed by Corporation Counsel Ron Anton figures to find itself in its accustomed position -- hopelessly overmatched.
Scaletta said suing the city represents the only way to stop a sweetheart deal in which Greater Niagara Sports slowly gains control over more and more of Hyde Park's 36 holes, with no cost or risk to a shadowy group of principals.
"We talked to the politicians and everybody and all we got was slapped in the face," said Scaletta, who taught physical education in the Niagara Falls school system before retiring nine years ago.
The group of irate taxpayers, which also includes former City Councilman Tony Quaranto, believes the city enacted the deal illegally. On May 24, the Council voted 3-2 to pass a resolution to enter into a 30-year lease with Greater Niagara Sports.
State law requires that public hearings and an open bidding process take place before the city gives control of park land to private interests, whether through lease, sale or gift. Neither took place before the city made its deal with Greater Niagara Sports.
Nor did city officials provide citizens with the opportunity to petition to put the issue to a referendum, as required by the state law.
"I always felt it was a backdoor deal, that they did it through a resolution by the Council, and denied us a public vote, or even any say in the matter," Scaletta said.
The lease includes sketchy "performance requirements" that several attorneys experienced in municipal law told the Reporter would never stand up in court. One such "requirement" calls for Greater Niagara Sports to upgrade each nine-hole course to "United States Golf Association standards" in order to gain control of the main 18-hole course.
No such standards are defined by the USGA, which does not sanction golf courses.
"That's like saying you're going to bring the football field at Sal Maglie Stadium up to 'NFL standards.' There's no such thing," one source said.
The failure to set clearly defined standards essentially gives Greater Niagara Sports control of the facility for the entire life of the lease, with no legal recourse for the city if the company fails to live up to its grandiose promises.
"They're trying to say it's not being given away, it's being leased," Scaletta said of city officials. "Give me a break -- they're not leasing it for two or three years, they're leasing it for 30. If we don't like how they run things, we'll be dead and gone by the time the lease is up." City Hall's generosity didn't end with the lease.
During the "extreme sports" event at the former Adelphia Golf Dome -- now known as the Niagara Action Dome -- from July 30 to Aug. 1, Mayor Vince Anello's administration waived the occupancy restrictions on the dome, as well as providing police and fire protection for the event free of charge.
"Must be nice," said one city business owner. "My place has got a capacity of 48, but I'd like to get a couple bands and bring in a few thousand people. Think Vince would let me do that, and throw in free fire and police? I doubt it."
The event did bring people into town, and theoretically provided a boost to local restaurants and hotels. Questions remain, though, about why the same City Hall that forced the Ancient Order of Hibernians to move their annual St. Patrick's Day party outside city limits over similar issues is so generous when it comes to Greater Niagara Sports.
"How much expense did the city and the taxpayers incur to give the red carpet to these guys?" Scaletta said. "And why?"
Underscoring those questions is the dome's dismal history. The original investors, who struck their deal with the administration of former mayor James Galie, failed to keep up on scheduled payments to the city and other vendors. A new group that includes frontmen David Garby and Larry Griffiths concocted a plan in which Greater Niagara Sports would continue running the facility, but only if Anello's administration agreed to forgive past debts and meet their demands for new concessions.
Meanwhile, the full roster of investors in Greater Niagara Sports has never been revealed publicly, leaving some wondering how many of the original investors remain, or whether anyone with any money of their own has anything to do with the group.
Scaletta and his fellow taxpayers aren't the only people looking for answers. State Attorney General Eliot Spitzer has been kept apprised of the situation, along with other questionable deals pushed through by the Anello administration.
Scaletta said he hopes Spitzer mounts an investigation, but said the lawsuit will go forward with or without help from Albany.
"I know the wheels of justice and government turn slowly," he said. "I can't afford to wait for Spitzer to stop this deal."
Privatizing Hyde Park Golf Course might be the best path for the eternally cash-strapped city to take, Scaletta said, but it has to be done the right way -- by making sure it's what the people want and then conducting an open, public bidding process.
"Maybe you or I would like a $10 million golf course to run and only have to give the city back $1 a round," Scaletta said. "What a deal. What a country."
The citizens' group is scheduled to meet again on Tuesday, Aug. 10, at 6:30 p.m., at Augie's Restaurant on Military Road. Anyone interested is invited to attend, Scaletta said, or may call him at 297-7628. Donations may also be sent to Save Hyde Park, P.O. Box 2538, Main Street Post Office, Niagara Falls, N.Y. 14302.
The group's ultimate goal is to protect all of Hyde Park, not just the golf course.
"Hyde Park was always ours," Scaletta said. "It's for the people."
| Niagara Falls Reporter | www.niagarafallsreporter.com | Aug. 10 2004 |