Attorney’s opinion continues Playland process
The redevelopment of Rye Playland is in the hands of the Westchester County Board of Legislators.
County Attorney Robert Meehan issued a legal opinion on Feb. 22 that said that any material improvements made to Playland must be approved by the legislators. Meehan”™s opinion was made in response to requests from legislators Catherine Borgia (D-Ossining) and James Maisano (R-New Rochelle) for an opinion on the legislators”™ authority to review and approve a contract for the amusement park.
“The ordinary day-to-day maintenance and operation of a building is an administrative function not subject to specific legislative authorization,” Meehan wrote. “However, significant material changes such as complete demolition of a building or the addition of a new wing or floor would not ordinarily be considered ordinary maintenance and operation.”
In October 2012, County Executive Robert P. Astorino selected Sustainable Playland to take over the park, which was losing $3.4 million a year. Astorino was expected to sign a contract next month.
Sustainable Playland had pledged to invest more than $34 million in the amusement park and make an upfront payment of $4 million and minimum annual payments of $1.2 million to Westchester County. While Astorino was in the process of finalizing an agreement, Democratic legislators expressed skepticism about the deal, concerned that taxpayers would still be on the hook for Playland”™s debt.
On Feb. 13, 2013, the board invited Sustainable Playland along with three other bidders ”“ Central Amusements International, Standard Amusements and Padia Company/Legoland ”“ to the Westchester County Center to present their visions for park.
Meehan said that Astorino can exclude the legislators only if the agreement does not allow Sustainable Playland to move rides, alter parking lots, build fields or make any other changes.
Ned McCormack, Astorino”™s communications director, said that the board of legislators has always been involved with the redevelopment of Playland.
Meehan”™s opinion “is consistent with what we”™ve always said,” McCormack said. “It”™s very consistent with the separation of powers and different roles and responsibilities.”
McCormack said the county executive”™s office is working through a contract, and will follow a path consistent with Meehan”™s opinion. He said they hope to have a contract done this month.
Peter Harckham, majority leader for the board of legislators, said he hopes this spurs both sides to work together on the future of Playland.
“This is an exciting possibility to reinvent a park,” Harckham said. “You don”™t often get that opportunity. I look forward to working with the ninth floor as we go forward. We are doing our due diligence in a public, transparent manner.”
Geoff Thompson, a spokesman for Sustainable Playland, said that Sustainable Playland has been working cooperatively on the management agreement. Thompson said he hopes the legislators”™ review is completed soon after.
“We”™ve been very cooperative with the board,” Thompson said. “We”™ve established a good working relationship and have participated in the process. Once everyone agrees that Sustainable Playland is the right approach and is viable, then we can come to an agreement.”
Once an agreement is signed with the county executive and approved by the county Board of Acquisitions and Contracts, Sustainable Playland hopes to streamline the process with the legislators by getting a master plan approved, rather than constantly going back for approvals. Thompson said he was not surprised by the lengthy review process for Playland.
“Playland is a cherished facility in Westchester,” Thompson said. “Many people have strong emotional ties to it. It”™s a very important property in Westchester. Public-private partnerships are not the easiest thing to work out, and this is a significant partnership on a high-profile property.” In addition to losing $3.4 million last year, Playland”™s revenues have fallen 4.6 percent since 2010 with attendance dropping to half of what it was in 2005.
As the process continues, Playland readies for its 85th season. Although the Ice Casino and sections of the boardwalk remain closed due to damage incurred by Hurricane Sandy, opening day for the park is May 11.