A state Supreme Court judge has dismissed a lawsuit that sought to block a management contract for Rye Playland signed by the county executive without approval from the Board of Legislators.
Board Chairman Ken Jenkins, a Yonkers Democrat, said the signing of the deal was illegal based on the county”™s charter, which states that any long-term lease needs approval of the board.
County Executive Robert P. Astorino, a Republican, signed a 10-year management deal over the summer, awarding the contract to Rye-based Sustainable Playland Inc. The group envisions transforming the park from a seasonal amusement park to a year-round destination with more passive and athletic uses.
Supreme Court Judge Barbara Zambelli ruled the management deal did not constitute a lease and in turn did not bypass the board”™s authority. Jenkins also asserted that Playland fell under specific control of the board since the dissolution of a Playland Commission in 1980. The deal did get the approval of the three-person Board of Acquisition and Contract, a three-person group that has both Astorino and Jenkins as members.
“I will ask Judge Zambelli to review her decision, since the County Charter does not permit the county”™s Board of Acquisition and Contract to enter into any agreements that exceed five years without approval from the Board of Legislators,” Jenkins said.
Sustainable filed its improvement plan with the county in September, but that plan is still under review. Concerns have since been raised over several aspects of the plan, including a proposal to reduce parking at the park. The plan also proposes an $11.7 million, 95,000-square-foot field house that some local residents feel will negatively affect the aesthetics of the neighborhood.
The Playland case was one of several that brought legal actions against Astorino by Jenkins and members of the board who felt the county executive had overstepped his authority on various procedural items. Jenkins”™ term as chairman ends this year and he is expected to be replaced in a vote Jan. 6, with Democrat Michael Kaplowitz to be named chairman with the backing of a bipartisan coalition that includes Kaplowitz, Democrat Virginia Perez and the seven Republicans on the 17-member board.
