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CityREVIEW NewRochelle May 12, 2017 | Vol. 5, Number 14 | www.cityreviewnr.com
Standard delays Playland payment to county again By JAMES PERO Staff Writer
FIGHT ANOTHER DAY
Ken Jenkins, left, and George Latimer pause for a moment during the Westchester County Democratic Committee Convention on May 10. The two candidates are vying for the party’s nomination for county executive. For story, see page 9. Photo/Jen Parente
Astorino goes solo on Indian Point lawsuit By JAMES PERO Staff Writer County Executive Rob Astorino, a Republican, will personally sue New York state after an initial lawsuit seeking to halt the eventual shutdown of Westchester’s Indian Point power plant was shot down by lawmakers this week. According to a release from the Astorino administration, a tandem of lawsuits—which name Gov. Andrew Cuomo, a Democrat, Indian Point operators Entergy, and the environmental group Hudson Riverkeeper—will seek to force the power plant’s shutdown to undergo an environmental review process, claiming that the decision is subject to the State Environmental Quality Review Act, SEQR.
“When the Democrats on the Board of Legislators decided to abandon their responsibility of protecting our local communities, I decided to act on my own,” Astorino said in a statement. “If ever there was a case for the State Environmental Quality Review Act to be enforced, this is it.” According to Board of Legislators spokesman Matt Richter, Philip Halpern, a New York City-based attorney retained by Astorino, has offered to represent the county executive in his suit, pro bono. With Astorino’s announcement of a new lawsuit, Democratic Majority Leader Catherine Borgia, of Peekskill, accused the county executive of stepping outside the bounds of the Board of Legislators’ charter.
“Any unilateral attempt to use outside counsel on behalf of the taxpayers is in violation of our county’s charter,” Borgia said. “The surrounding communities are better served by bringing all sides together to work on real economic and environmental mitigation solutions.” Both Astorino and local officials in the village of Buchanan, however, have protested the decommissioning of Indian Point, claiming that the loss of the plant would have drastic impacts on the local economy. Currently, Buchanan receives $3 million in tax breaks as per a payment in lieu of taxes agreement, and Joseph Hochreiter, superintendent INDIAN POINT continued on page 7
With an appeal of a lawsuit over slated renovations at Playland Park looming large, new park manager Standard Amusements says it will again wait to issue its first contractual payment to Westchester County until litigation with the city of Rye is resolved. The extension, which was announced by Westchester County Executive Rob Astorino’s administration last week, will prolong the transfer of a $750,000 payment from Standard—half of a contractual $1.5 million payment initially due in June—until a “final determination is made with regards to litigation with the city of Rye.” Last month a lawsuit filed by the city, which sought to declare itself lead agency on environmental review of capital projects at the park, was thrown out by a judge, and Rye has since filed a notice of appeal—the precursor to an official appeal—of the court’s decision. The city will have approximately five months to finalize an official appeal. Another $750,000 payment, according to a statement from the Astorino administration, will be made to the county following a Board of Legislators decision on $10 million in improvements for Playland’s pool, which has remained in limbo since last year. A contractual deadline on the pool’s fate is Dec. 31. But this week, tensions over Playland’s pool escalated after representatives from Standard floated a plan to build a removable deck that would support a café or restaurant area over the rehabbed pool site; an option that drew concern from Democrats. “I don’t think anyone would
have a problem with a more of a passive use,” said Legislator Catherine Parker, a Rye Democrat, of Playland’s pool location. “Unfortunately, something like a coffee shop or restaurant would create a lot of noise and trash.” In addition to Parker, Rye elected officials have also spoken out against the idea of adding a dining space, citing the potential to exacerbate noise and traffic conditions for abutting Rye neighborhoods. Last year, the Board of Legislators voted to include $10 million in a 2017 list of capital projects that would go toward renovating an ailing Playland Pool. Playland pool, according to a 2007 report from the county’s parks department was, at one point, leaking as much as 35,000 gallons of water per day. Though both Standard and the administration had pushed for the complete removal of Playland’s pool last year, backlash from lawmakers and county residents, of which nearly 2,000 signed a petition last year in support of keeping the structure, temporarily prevented the pool’s demise. In the past, Standard’s payment to the county has become a matter of contention for some of the county’s Democratic lawmakers who have accused the investment firm of missing the payment entirely. Already, multiple extensions have been granted to Standard, which has continually pointed to the uncertain future of Playland’s pool and litigation with Rye as reasons for its delay. In the meantime, despite the potential for renewed litigation, the Astorino administration has stated it will move forward on $30 million in county-funded improvements at PLAYLAND continued on page 8
INSIDE Local brewery competes for best craft beer Story on page 10.