An empty schoolyard with decorative arches remind the community of the festival that was to have opened on Wednesday evening. Organizers have rescheduled the event to open on August 21 with a new ride operator. Patricia Adams/The Forum Newsgroup
Howard Beach residents looking forward to the opening of the Annual Family Festival at the Ave Maria Catholic Academy were sorely disappointed to learn that the event was cancelled and has to be rescheduled, all because the concessionaire hired to operate the rides allegedly walked out of the deal without notice on Tuesday, just one day before the planned opening.
“There are no words to describe this except unbelievable,” said festival organizer, Joe DeCandia. “These plans were laid to rest back in January, when we signed a contract.”
And it appears to be that very contract that is the bone of contention in the whole mess that has unfolded, leaving the parish and the community laden with anger and disappointment.
According to the agreement between the school and Our Lady of Grace parish and concessionaire Big Ben’s Midway in Long Island, the vendor is responsible for operating the amusement rides at the festival and paying a share of the ride proceeds back to the school. The same contract clearly spells out that the necessary permits are to be acquired by the ride operator.
But Benny Martinez of Big Ben’s says that the folks at the school never cooperated with him and refused to supply letters from OLG, the Council office and the Community Board that he had asked for. But festival organizers say they were never required to get such letters in the 40 years of operating the same event and when they questioned why Martinez was asking for them, they learned that the letters are only required if the operator waits until less than 30 days before the event to get the permits.
Both the office of Councilmember Eric Ulrich (R-Ozone Park) and chair of Community Board 10, Elizabeth Braton, maintained that in all of their experience they were never requested to write such letters. “Clearly this came about because of the operators negligence in processing the permit paperwork in a timely fashion,” said an angry DeCandia.
“Big Ben’s had seven months since this contract was signed to get these permits,” said the chair of the school’s fundraising committee, Doreen DeCandia. What is really upsetting to her, she says, is the fact that Martinez said he was at the Department of Consumer Affairs in Manhattan on Tuesday afternoon trying to get the permits at the last minute. “When we hadn’t heard from him about the status of the permits we asked a friend who works near the office to go down and check on the situation.” But what the school representative confirmed at the DCA office was that Martinez had never shown up there that day, and in fact, he had not been back since his original trip to the office only three weeks before.
“Mr. Martinez is a liar,” said Joe DeCandia, “and what he did was walk away from his contract and cause great upset to the school, the church and the community.”
Meanwhile the school estimates its losses to be devastating and very difficult for them to overcome. Costs for advertising, entertainment deposits, a stage, lighting, decorations and the rental of additional attractions, including a dunk tank, are in excess of $10,000 and would put a big dent into the proceeds from a rescheduled event now slated for the 21st of August.
Tony Modafferi, a life-long resident of Howard Beach, active parishioner and one of the scheduled festival entertainers pointed out the bottom line of community concerns said, “It’s a horrible, slap in the face. This community was looking forward to this event as part of their return to normalcy after the destruction of the storm. Instead we got scammed—he kicked us when we were down.”
On Wednesday, members of the Board of Trustees confirmed that the Brooklyn Queens Diocese was intending to launch a lawsuit against Big Ben’s Midway for loss of revenue and breach of contract.
But Martinez maintains that he did nothing wrong and that he would counter sue if anyone goes after his company and that he is the loser in this whole mess. “I don’t feel I am liable for anything,” said Martinez. “If the church sues me, I’ll sue them back.”
By Patricia Adams
