Press Clippings

October 02, 2004 - Berkshire Eagle: Wahconah Park plans appear at dead end

By Tony Dobrowolski

PITTSFIELD -- The renovation of Wahconah Park and the immediate future of professional baseball in Pittsfield moved closer to a showdown yesterday over whether the project should be subjected to the state public bidding laws. Members of Wahconah Park Inc., the South County partnership that plans to renovate Pittsfield's historic ballpark, and Mayor James M. Ruberto both said yesterday that the entire project is in jeopardy unless the matter can be resolved.

Wahconah Park Inc. partners Jim Bouton of North Egremont and Donald B. "Chip" Elitzer of Great Barrington said yesterday that their plans cannot go forward if the partnership is subjected to the public bidding laws, while Ruberto said he will be "open to others who can make it work" if those requirements are not followed.

Responding to Bouton and Elitzer's comments on "The DanValentiShow" on WBRK-AM (1340) yesterday morning, Ruberto confirmed in a prepared statement that he and his administration "will insist" upon the use of a public bidding process for renovation work at Wahconah Park.

Ruberto response
In a telephone interview yesterday afternoon, Ruberto said he wanted to respond to Wahconah Park Inc.'s "very public and emphatic position with one of my own."

"If they're not prepared to go ahead, I'm prepared for the consequences, as disappointing as they might be," the mayor said. While acknowledging Ruberto's support for the project, Elitzer said yesterday that Wahconah Park Inc. is "very unhappy" with Ruberto's position. Elitzer said that he believed the mayor has taken such a stance because he has to> negotiate with several other city collective bargaining units.

Ruberto disagreed.
"There is no collective bargaining unit that has contacted my office and linked successful negotiations to my position on the public bidding laws," Ruberto said. "I want every collective bargaining unit to hear that I am going to respect the attorney general's position because I respect the right to organize."

The renovation project has stalled because Wahconah Park Inc. and city officials differ over conclusions reached in a 15-page summary the state attorney general's office released last month that suggests Wahconah Park Inc. must follow state public bidding laws in any construction projects associated with its plans to renovate the ballpark.

The summary, however, does not specify what action city officials must take. The document declares only that "we remand the matter back to the city for action consistent with this opinion."

The attorney general's investigation followed a protest filed in June by the New England Council of Carpenters, Local 108, over the bidding process for construction at Wahconah Park. The timing of Local 108's protest has delayed the start of park renovations until after the first of the year.

Wahconah Park Inc. yesterday submitted a revised version of its lease agreement to the Parks Commission and the City Council for consideration. The Parks Commission will consider the document on Monday, while the City Council is expected to discuss the issue on Oct. 12. Elitzer said he believed that the City Council will also have to consider the matter because the revised agreement would be considered a lease, not a license as the document is currently constructed.

Elitzer said the attorney general's summary suggests that the project would not be subjected to the public bidding laws as long as the group's original license agreement with the city is revised. Elitzer said the revised agreement, which contains changes suggested by both Wahconah Park Inc. and City Solicitor Christopher Speranzo, addresses those concerns by increasing the original length of the pact from 18 months to 15 years. The revised document also changes the initial amount of investment Wahconah Park Inc. planned put into park renovations from $1.5 million to any amount allowed under case law that is referred to in the attorney general's summary, Elitzer said.

In a prepared statement released yesterday, Ruberto said: "The attorney general has spoken on this matter and said that the public bid process is the appropriate course of action.

I intend to honor the attorney general's directive and have instructed my administration that we will not be engaged in rewriting agreements in any way that contradicts this directive," Ruberto said. "There should be no confusion as to where I stand."

Elitzer has maintained that if the group's plans were subject to the public bidding laws, the delay in completing that process would cause investors to withdraw funding already committed to the project. Wahconah Park Inc. currently has $1.2 million in private funding "circled" for the park's renovations that has been contributed by 84 investors.

He also said that it would probably cost Wahconah Park Inc. an additional $100,000 if the project were submitted to the public bid statutes, and said that is more money than the group can afford.

Under the public bid process, Elitzer said the group would be required to put a bid package together, then put the project out to bid among various contractors. He said if any modifications are required to the original bid package, the project must be put out to bid again.

"What we're talking about is a process that calls for a lot of time and a lot of money, mostly because of inflexibility," Elitzer said. Elitzer said Wahconah Park Inc. would also be required to submit any future renovations planned for the ballpark to the public bidding process. "We're looking to do continuous updates and improvements on the park," Elitzer said. "If we go forward and submit to the public bid laws it will never end." Finally, Wahconah Park Inc. believes it should be exempt from the state. public bidding statutes because even though the partnership has a licensing agreement with a public entity to renovate a publicly owned facility, the group is a private company which intends to complete the project with private funding.

"My first approach will be to support their efforts and help them find creative solutions," Ruberto said in his written statement. "But if they cannot bring themselves to accept the requirements of public bidding, I will be open to others who can make it work."