County leaders and the city of Rye”™s mayor are set to meet by Friday to try to clear up a turf dispute that has blurred the future of Playland park.
Westchester owns Playland, but it sits within Rye’s borders. The city is asserting its authority over any proposed construction on park grounds, a move that has cast a shadow of uncertainty over the county”™s plan to allow a nonprofit to redevelop areas of the park.
County Executive Rob Astorino called for a meeting by the end of the week with county board Chairman Michael Kaplowitz and city Mayor Joe Sack. But Astorino, a Republican, said the discussions would take place with the stance that the county would maintain approval rights on its property and that leaving the park as is would not be an alternative.
“Working within these parameters, there”™s wide flexibility for us to remove the legal clouds,” he said. “Litigation helps no one. The goal is to preserve, protect and improve Playland. If we succeed, everyone wins. If we fail, everyone loses.”
Sustainable Playland Inc., the Rye-based nonprofit chosen to take over operation of the park, told the county on Monday it was taking a step back from its management agreement until municipal leaders could resolve legal uncertainties.
The legality of the county”™s agreement has also been called into question in a suit from county Legislator Ken Jenkins, a Yonkers Democrat, who said approval of the contract should be voided because it did not receive lease approval from the Board of Legislators. The agreement had received approval from the three-member Board of Acquisitions and Contracts, but Jenkins contends the management contract constitutes a lease and by law that would mean it needed legislative approval.
“The law is the law unless invalidated by a court of law,” Jenkins said. “It is not up for negotiation.”
County lawmakers responded to Sustainable taking a step back by indefinitely suspending their review of Sustainable”™s improvement plan, which was criticized by Rye residents and others who took issue with what they viewed as a lack of parking on site and the size of a proposed 82,500-square-foot field house.
Democrat Peter Harckham, chairman of the county legislature”™s board of Labor/Parks/Planning/Housing, adjourned a meeting Tuesday that was initially set to review the improvement plan. He said he hoped the project didn”™t “go back to square one.”
“I understand there are bumps in the road,” he said. “No one said this was going to be easy. ”¦ And we hope they come back to the process.”
Sack, a Republican, confirmed in an email to the Business Journal that he was planning to attend the meeting this week with county leadership. The city has already retained Michael B. Gerrard, a well-known environmental law attorney with the New York City firm Arnold & Porter L.L.P. Gerrard said in a March 20 letter to the county that Rye should be the lead agency during the environmental review process for any proposed work at Playland. He also said the field house was not compliant with current city zoning codes.
“If the County would like to initiate the zoning amendment process, it can petition to the City Council for the necessary amendment,” Gerrard wrote.
One group that won”™t be sitting at the table during negotiations is SPI, according to Geoff Thompson, a spokesman for the group.
“We”™re stepping off the playing field and onto the sideline,” he said. “We”™re going to let the people that own the operation decide who”™s going to referee, and once they decide who”™s going to referee, we”™ll get back on the field.”
