Gene DeGeorge officially has until the end of April to vacate the Chip Shots premises at the Town of Colonie Golf Course after the Town Board passed a resolution ratifying a notice of termination for the concession vendor at the Thursday, April 5, meeting.
The eviction is a move that the Chip Shots owner and six-year operator of the sports grill said has him reeling and a bit confused.
“We assumed we were under a four-year contract until several weeks ago when they notified us that we were month to month and followed up a few days later with an eviction notice,” said DeGeorge. “We were quite surprised. We asked why and the senior attorney basically turned his head to me and said, ‘You know why,’ and walked away.”
It’s also almost certainly the impetus for a future lawsuit.
“I anticipate a lawsuit so I can’t comment too much more,” said Town Attorney Mike Maggiulli. “It’s not something the town takes lightly, and we’ve been trying to address this issue with the operator for over four years.”
DeGeorge said he “assumes” the four-year issue Maggiulli was referring to is in regard to equipment repairs he thought the town should have handled.
“We had a few problems with the equipment along the way, which we assumed, according to our contract, was being taken care of but it never did get taken care of,” said DeGeorge. “I can only assume that is what the town attorney was referring to when he said this goes back four years.”
DeGeorge maintains that he made lease payments in a timely fashion unless there was a reason he felt he was justified to withhold for a period of time.
“I never had to make a late payment and lived up to the terms of the contract,” said DeGeorge. “I maybe withheld a payment in the years if an ice machine wasn’t repaired and I had to go buy ice, I felt I was justified. … Those were the stipulations made in the contract, as long as I didn’t maliciously do damage to the machine, I wasn’t responsible.”
He cites a moment in October as further proof he had no indication there was any bad blood between him and the town.
“I called and asked if we were in good standing because I was acquiring $40,000 worth of simulating golf equipment. … I was assured that I was and I didn’t know there was any problems, so here I sit on April 9 having invested another $40,000 into the building that I basically renovated for the town some six years ago and continued to put money into.”
DeGeorge said his termination has repercussions that stretch beyond his own life. Residents and friends were clamoring to speak on his behalf at the April 5 meeting but he said “out of respect” for the town, only a couple would suffice.
Patricia Vardaro, a 53-year resident, has a personal stake in the matter. Her husband worked at Chip Shots but will now be out of a job.
“As a town resident and taxpayer, I hope someone can tell me who’s made the decision to put my husband out of a job and change the whole structure of my family,” said Vardaro, who said she has a child still in college. “I’m disappointed, embarrassed; I can’t even tell you the emotions I feel, but I think we deserve better, I think we deserve answers and I can honestly say at this particular moment, I’m not proud to be a town resident.”
Supervisor Paula Mahan said she “understood” Vardaro’s feelings but directed it to the legal department. Vardaro said that wasn’t acceptable.
“You have lessened our lives by taking away my husband’s paycheck. … We sure won’t be able to live in the house we live in on my paycheck, and I hope you can live with that because we can’t,” said Vardaro.
Vardaro also inquired about how to put in a bid for the concession vendor. Despite his ordeal, DeGeorge said he’d consider putting in a bid, too.
“I feel we belong there,” said DeGeorge.
A public hearing on the matter will be Thursday, April 19, at 7 p.m.
Town to accept Access Passes at parks
The Town Board passed a resolution making individual New York State Access Passes accepted at town recreational parks and facilities when accompanied by a Town of Colonie resident card.
The Access Pass permits residents of the state with permanent disabilities free use of parks, historic sites and recreational facilities operated by the New York State Office of Parks, Recreation and Historic Preservation and the New York State Department of Environmental Conservation.
Trish Washburn has been on a mission to have the town accept Access Passes since July 2008. She has two children with autism and her family has been part of the documentary “United States of Autism.”
“Many therapies for my children I had paid for out of pocket and are not covered by insurance. … New York State Access Pass enabled my family to take day vacations,” said Washburn.
Washburn’s son, Buddy, stood before the Town Board to share why the Access Pass was important to him. He said he likes going to the park and the pool. After the Board’s unanimous vote, Mahan told Buddy to “save your letter and put it in a scrapbook” because he helped pass a resolution.
