Hamburg Town Board members will talk Wednesday about bids to run concessions at Woodlawn Beach State Park – the day before the town is to answer a challenge to the bids in court.
The town received 11 responses to its request for proposals to sell food and drinks at the park this year.
The winning bidder would take over the section of the building and beach that the popular Woody’s Beach Club and Taqueria has occupied the last three years. The Town Board voted, 2-1, March 10 to terminate its contract with Woody’s.
But Tucker Curtin, the owner of Woody’s, filed papers in State Supreme Court on Friday seeking to prevent the town from awarding a contract to another vendor, and to allow him to remove $100,000 worth of property he says he owns at the beach.
Supervisor Steven Walters said he does not know if the board will approve a vendor proposal at Wednesday’s special meeting. He said the meeting is not an attempt to circumvent the court.
“It was always the intent to go through a review and award as quickly as possible,” he said.
Curtin told The Buffalo News he wants to fulfill his contract as the vendor. The contract provides for Curtin to renew the contract for two three-year terms after 2013. It also allows either party to terminate the agreement with 90 days’ written notice.
The town notified Curtin last summer that the base rent of $4,000 would be going up 20 percent as allowed under the contract, and he notified the town in September he was seeking a three-year renewal allowed under the contract. But the town said it wanted to renegotiate the terms. Curtin also paid the town 2 percent of his gross sales last year.
Curtin complained in November that the town had changed the locks at the concession area, and he did not have access to his equipment, according to court papers. Affidavits filed in Supreme Court also said the town told him in December that it wanted to renegotiate the terms of the base fee and increase the percentage of sales going to the town.
Curtin said in court documents he met with town officials in late February and was able to remove some equipment March 28, but not all of it.
Meanwhile, the bids received from the town are quite different in their proposed payments to the town. One would pay $4,000 a month and 5 percent of the gross sales, while others would offer up to $10,000 per month and 4 percent to 7.5 percent of sales.
“I’ve been reviewing them fairly closely,” Walters said.
He said the review has been difficult because the proposals are all different, and the bidders have varying degrees of experience in running a restaurant.