Update on City Council’s Attempt to Stop Work at Memorial Field

The City of Mount Vernon appeared in court today to protect Memorial Field and ensure that the City is able to clean it up.

Judge Loehr heard argument from lawyers representing the City, the Mayor and the Comptroller, all urging him to dismiss the City Council’s case since the case has no merit.

Attorneys for the City and the Mayor urged Judge Loehr to dismiss the case and to vacate any orders which limit the City’s ability to comply with an Order from the NYS Department of Environmental Conservation. The DEC Order requires the City to test soil under the tennis courts and to take whatever remedial action DEC deems necessary after it reviews the soil test results.

The Mayor’s attorneys argued that the Court cannot enjoin the City from complying with its statutory duty to protect its citizens, that the City Council had no legal right to commence the litigation, and that the Council’s arguments had no merit. Although Judge Loehr reserved decision, he did telegraph his position that New York State’s order to clean-up and remediate the environmental conditions at Memorial Field is an obligation the City must meet and that no party to the litigation (such as the City Council) should interfere with the Mayor’s efforts to complete the environmental testing and remediation.

Attorneys for Comptroller Deborah Reynolds agreed that the City Council’s action should be dismissed because the Council lacks the legal right to bring the litigation, because the Council failed to allege any wrongdoing on the part of the Controller, and because the City Council’s lawsuit was commenced without proper notice to the Controller or to the City.

The Judge recognized that July 27, 2018 is a looming deadline for the City to complete testing of the dirt below tennis courts. He indicated that he would issue an interim decision of some kind to allow the City access to the soil under the tennis courts before the 27th of July. He also directed all parties to appear before him again on July 31st.

The current information surrounding the procurement process contains some misguided facts. It’s important to note that the Commissioner of the Department of Public Works has the authority to contract with outside entities, subject to certain limits in the General Municipal Law, to complete environmental testing. That is exactly what has been done. No contracts have, or could be awarded to any contractor to actually remove soil, or to build a grandstand, or similar work, without following City and State procurement procedures.

The Mayor believes it is time to finish the clean-up and is looking forward to working with the County to restore Memorial Field to grandeur.