Battle over Suffolk County beach concessions ends

A court battle over Suffolk County beach concessions was largely settled late Wednesday when opposing lawyers agreed to let parks officials pick a company to replace Beach Hut, while giving the county comptroller all records on the bidding process.

Despite the agreement, parks officials could not choose new vendors Thursday because the county parks trustees were unable to assemble a quorum during the snowstorm.

Philip Berdolt, parks commissioner, apologized to the sixtrustees who did show up for the monthly meeting at parks headquarters in West Sayville, saying at least seven members were needed to take action.

Berdolt said he plans to call a special meeting in the coming week to finalize new concessionaires for Smith Point, Cupsogue and Meschutt beaches for this summer.

Suffolk officials replaced Beach Hut, which for two decades provided rock music, food, and drinks, after an unfinished comptroller audit led to a criminal conviction of the company and its owners.

Beach Hut had to pay $1.114 million in restitution, interest and fines for shortchanging the county on sales taxes and fees.

This month, Republican county Comptroller John M. Kennedy launched a “performance audit” to monitor the new bidding process and issued subpoenas for records and to conduct interviews. He said findings from the Beach Hut audit could help in drafting a new agreement.

Aides to County Executive Steve Bellone, a Democrat, said the procurement process is an administrative function in which Kennedy has no role and he moved to quash the subpoenas. Kennedy had won a temporary restraining order in State Supreme Court last week, blocking action until a court hearing March 26.

The stipulation signed Wednesday by State Supreme Court Justice Paul Baisley lifted the restraining order.

Baisley required parks officials to inform the comptroller 24 hours ahead of any trustees vote. He also mandated that parks officials provide the comptroller within two business days with all subpoenaed records, including a list of bidders and rating sheets on proposals.

Aides said Kennedy still will seek a declaratory judgment in the March 26 hearing before Justice David T. Reilly, to uphold his right to conduct a performance audit.

Jason Elan, spokesman for Bellone, said, “The stipulation confirms what the Parks Department already said it would do — provide the documents after the award is made.”

Kennedy said the Bellone administration “ could have cooperated from the beginning and avoided going to court and eliminated the cost.”