Press Clippings

September 21, 2004 - Berkshire Eagle: Wahconah Park work scaled back

By Tony Dobrowolski

PITTSFIELD -- The South County partnership that plans to refurbish Wahconah Park has decided to scale back the number of renovations that it had originally planned to complete by opening day 2005, group members told the Parks Commission last night.

Former Yankees' pitcher Jim Bouton of North Egremont, one of Wahconah Park Inc.'s three partners, said the group reduced its original plans because of uncertainty regarding the likely revision of the partnership's licensing agreement with the city.

The state attorney general's office last month issued a summary that suggested Wahconah Park Inc. must follow state competitive bidding laws in any construction projects associated with its plans to renovate the park.

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 reduced renovation plan means the group will not invest $1.5 million in Wahconah Park by opening day 2005, as the current licensing agreement requires.

Simultaneous moves
"We're definitely planning to go forward with something in the neighborhood of $400,000 in investment by opening day," Bouton said. "We feel we can't wait for all the political issues to be taken care of.

"We're trying to move forward on as many tracks as we can and we're trying to do it simultaneously," he said. "If we move in a linear fashion we'll never get it done."

The planned renovations now include doubling the size of the women's restroom, combining the two clubhouses into one locker room, building a food court, and resurfacing the asphalt apron around the outside of the park, Bouton said.

Wahconah Park Inc. plans to rent a trailer that visiting teams can use as a dressing room, he said.

Donald B. "Chip" Elitzer of Great Barrington, vice president and director of Wahconah Park Inc., told the board two weeks ago that unless ground was broken before Nov. 1, it would be virtually impossible for the partnership to meet some of the conditions for renewal of its current license with the city.

Bouton said last night that Wahconah Park Inc. now plans to begin renovating the park after the first of the year. "We missed Novem-ber," he said. Wahconah Park Inc.'s plans are "contingent on a revised licensing agreement," he added.

In a 15-page summary, the attorney general's Business and Labor Protection Bureau stated that it has "identified evidence" that the city still has control of construction plans for Wahconah Park, "which raises concerns about whether it is subject to competitive bidding laws."

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

Elitzer told the board that he believed the attorney general's summary suggested that the licensing agreement as currently structured could set a bad precedent that may give other entities a "road map" to attempt to circumvent the competitive bidding laws.

He said Wahconah Park Inc. and the city were trying to "craft changes" in the licensing agreement that would satisfy everybody.

Two options for city
City Solicitor Christopher Speranzo, who attended last night's meeting, said the attorney general's suggestion leaves the city with two options: amend the current licensing agreement to permit the public bidding process, or amend the agreement in such a manner that public bidding not be allowed. Instituting the second option would require "reading between the lines and tea leaves," of the attorney general's suggestions, Speranzo said.

"It's an odd opinion," he said. "You don't normally see remands." Elitzer said Wahconah Park Inc. wasn't concerned about putting the project out to bid, but was more concerned about the effect the attorney general's decision was having on the viability of its investment group if the project is subject to the public bidding laws.

He said Wahconah Park Inc. has around $1.2 million in private money already committed to the project. But Elitzer added that unforeseen delays, such as the attorney general's opinion, could cause those investors to withdraw their money from the project.

"That $1.2 million is not in any way secure," Elitzer said. "In my opinion it will dissipate rapidly because people will find other places to put their money."

He said Wahconah Park Inc. raised the majority of the $1.2 million in committed funds before Local 108 filed its protest with the attorney general's office in June.

"We've added very little since then," he said.

84 investors
Of the 84 investors who have committed funds to the project so far, Elitzer said only 16 are from Pittsfield. He said Wahconah Park Inc. has received a "good chunk" of funds from elsewhere in Berkshire County, particularly from second home owners. Wahconah Park Inc. has also received financial commitments from several people in the New York City area who have no connection to Berkshire County, Elitzer added.

He also told the board that Wahconah Park appears more likely at this point to be awarded a franchise in the independent Northeast League next year than in the Atlantic League. The partnership had appeared to be more committed to landing a team in a short-season version of the Atlantic League, which was expected to start up in 2005.

But Elitzer said last night that Atlantic League CEO Frank Boulton recently told the group that there is only a 50 percent chance that the short-season league will begin play next year.

Elitzer said Northeast League President Miles Wolff is interested in Wahconah Park Inc.'s decides to go with nine teams next year, which would result in an unbalanced schedule. The Northeast League will hold its annual league meetings on Friday, Elitzer said.