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Politics & Government

Finizio: Sale of Riverside Park Is Moot

A legal technicality puts the kibosh on New London's agreement to sell Riverside Park to the U.S. Coast Guard's Academy.

The ’s bid to buy a 9.14 acre parcel of land that is part of failed yesterday, not because of popular opposition to the sale but because the contract to sell the land expired at midnight November 14.

Mayor-Elect Daryl Finizio dropped the bombshell at a noon press conference on November 15, exactly 12 hours after the deadline to close the sale had passed.

The contract specifically stated that “in no event shall the closing extend beyond November 14.” Finizio, who is a lawyer by profession, said that’s known as a “time is of the essence” clause. The fact that the closing date for the $2.9 million sale came and went, Finizio said, means “the contract is now null and void.”

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No one was happier to hear the news than Northeast New London Watch Group leader Cathi Strother, whose home borders Riverside Park and who has led the fight against the sale since it was first proposed.

“We have worked hard and fair and honestly to save our park,” Strother said. “Our watch group started cleanups five years ago. We continuously approached the City Council to save our park and four city councilors voted to sell it. We never got a legitimate response or one that made any sense [as to why they made that decision.]”

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Those opposed to the sale had successfully petitioned to put the matter to New London residents for a vote on November 8.  A referendum on whether the city should sell the property to the Coast Guard Academy found New Londoners evenly split on the issue. Out of the 4,221 votes cast on the question, by just 13 votes. That was such a narrow margin that it forced an automatic recount.

Though the vote itself may not have doomed the sale, the delay caused by the referendum and the recount did, said Finizio.

In light of the referendum, the General Services Administration (the federal government agency that handles purchasing agreements and which was handling this for the U.S. Coast Guard Academy) had sent a letter to the city . However, because the city of New London was not in compliance with Connecticut General Statute 7-131n, which was required by the contract, it could not agree to any closing date.

“Given the specific language of the contract, that, in no event a closing shall extend beyond November 14, 2011 and the fact that November 14, 2011 passed without a valid referendum vote or mutual agreement to extend the closing beyond November, 2011, the contract with the United States of America has expired,” wrote New London City Attorney Thomas J. Londregan in a letter to ceremonial Mayor Martin Olsen dated November 15.

Ironically, Finizio noted, “had the margin been wider, we would likely already have been closing on this sale.” As it turned out, however, the results of the vote became a moot point. “This is not a matter of what the vote shows. It’s simply a matter of legal authority,” Finizio said. “As of midnight, the city lacked legal authority to transfer this property.”

The recount will be going ahead as planned on November 16. “We still are going to be recounting the votes, because state statute says we have to,” says New London’s Republican Registrar of Voters, Barbara Major.

What effect, if any, the final result will have on the future of Riverside Park remains to be seen. Finizio remains opposed to the sale of Riverside Park. However, he said once his new administration is in place he is committed to trying to accommodate both the needs of New London residents and the needs of the Coast Guard Academy.

Finizio said he plans to resume negotiations “in good faith” with the Coast Guard to explore the academy’s land use options. Now that the sale agreement contract has expired and the Coast Guard will be dealing with a new administration, all negotiations will be starting afresh.

What’s Next for the Academy?

From the academy’s point of view, land use options are limited.

“At the moment, Riverside Park is the only reasonable option we have,” said Coast Guard Academy Spokesperson Kimberly Smith.  “We really don’t have any other land to build on.”

The Academy needs the site to create a shipboard simulator. The existing simulator, which is housed in the basement of an academic building on campus, dates back to the 1980s and is too old to be updated.

Although the ccademy has additional land next to its child development center, plans are already in the works to create a firing range on that site. The current firing range is located in the basement of a student residential building. Smith said that changing those plans at this point would be problematic because money has already been spent to develop the new firing range and contracts are in place.

Expansion opportunities are further stymied by the fact that the Coast Guard Academy is considered a historic site, which makes it difficult to make any changes to existing buildings, said Smith. Nor does the academy have the option to bus cadets off campus for training elsewhere.

If the academy can’t expand onto land that is currently part of Riverside Park, Smith said, the simulator would probably have to be built at another Coast Guard property out of state.  Smith did add, however, that the Coast Guard Academy itself has no plans to relocate.

“We’re not planning on packing up and moving lock, stock, and barrel. We have too much history with New London. We can’t give that up,” Smith said. “We’re still looking forward to the results of the recount to confirm the will of the voters and look forward to continuing good relations with the city.”

For his part, Finizio said had spoken to Coast Guard Academy Superintendent Rear Admiral Sandra Stosz to assure her of his “firm and ardent” support for the institution. “I am committed to serving the academy and seeing that it remains in New London,” Finizio said.

What’s Next for Riverside Park?

“In the campaign, I said every neighborhood in this city is equal. The days of neglect of Riverside Park are over,” Finizio said. The mayor-elect said he wants to get to work restoring the park and planning events on the site that could become annual festivals. Strother, meanwhile, says her organization already plans to install new playground equipment this year.

Finizio acknowledged that the proposed sale of Riverside Park had been a divisive issue and that there were good people on both sides. He’d like to begin to mend fences.

“This is a new administration and we should try to work cooperatively,” he said. “We are in a whole new dialogue, not only with the Coast Guard Academy, but also with the citizens of New London.”

Councilor Rev. Wade A. Hyslop Jr. agreed. Previous negotiations regarding the sale, he noted, had involved only a handful of people who reported back to the rest of the council. This time around, he said, he is looking forward to a meaningful dialogue about the future of Riverside Park that involves all of the citizenry.

“I’m elated,” Hyslop said.

The Coast Guard Academy still has the option of claiming Riverside Park through eminent domain. 

“I think such a decision would be disastrous for the community,” said Finizio.  

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