City’s insurer won’t cover Y costs
By RODNEY MINOR, The Leader-HeraldGLOVERSVILLE - The city's insurance carrier will not cover the costs related to the Fulton County YMCA's lawsuit against the Zoning Board of Appeals.
In a letter sent to the city, New York Municipal Insurance Reciprocal said under the policy issued to the city, the matter is not covered because the YMCA is not seeking damages.
The YMCA filed its lawsuit in state Supreme Court in June, asking the court to overturn the board's decision regarding a proposed expansion of the YMCA's East Fulton Street facility.
The state-funded $3.5 million YMCA project would add 30 beds for the low-income residential program in the building, bringing the number of beds to 53.
At its May meeting, the ZBA voted 4-2 that Gloversville Building Inspector D. Robert Robbins made an error when he determined the proposed use of the second floor of the YMCA at 19 E. Fulton St. should be classified as a hotel.
According to a copy of the board's decision, the majority felt, "... the purposed use as described in the YMCA's application to New York state for funding does not describe what was intended by the Common Council at the time it adopted the definitions in the zoning ordinance, to be a hotel."
In addition to overturning the board's decision, the YMCA is asking the court to determine that its project "...meets the definition of a 'hotel' and is allowable in a commercial zone under the applicable zoning code," according to court documents.
City Attorney John Clo said this morning because NYMIR will not cover the costs, the city will pay for its attorneys.
The Common Council last week approved hiring the Albany-based law firm of Murphy, Burns, Barber & Murphy to represent the city. The firm's services will cost the city $150 per hour.
Peter G. Barber, the attorney working for the city on the case, could not be reached for comment.
While the lawsuit initially was filed in state Supreme Court in Fulton County and assigned to Fulton County Judge Richard C. Giardino, it is now being handled by state Supreme Court Justice Joseph M. Sise in Montgomery County.
Tom Bell, a court attorney who works for Giardino, said Giardino recused himself from the case.
Bell is a former member of the YMCA Board of Directors and was involved in the planning for the expanded facility.
Giardino decided that because Bell is a member of his staff, it would be best for another judge to handle the case to avoid the appearance of impropriety.
Charles M. Clark, principal clerk to Sise, said both sides in the case will have until 9:30 a.m. July 21 to turn in their petitions. After reviewing the case, Sise could issue a ruling or request more information, Clark said.
In a letter to the Common Council, Clo said, "While expressing no opinion regarding the ZBA's opinion itself, I can advise that, having attended the meeting, the Zoning Board reached a well-discussed, well-reasoned decision. Just because an applicant disagrees with the board's decision does not make the decision incorrect."
The YMCA is taking exception with not only the board's decision, but how it made its determination.
In the court documents filed by the YMCA, it contends the ZBA failed to obey the city code in issuing a decision.
Rodney Minor covers Gloversville news. He can be reached at gloversville@leaderherald.com.
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morningstar
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07-15-08 8:20 PM
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It's because of the overly PC world we live in.
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teebzz
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07-15-08 1:11 PM
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and the thing is, many are not bad words at all, like c o n d o m, j e w , n e g r o ... there are definately swear words out there that can be filtered but whats this?
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morningstar
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07-15-08 9:51 AM
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It definitely affects the impact of a post when a random word is censored and a writer has to go back and repost or explain. It's silly.
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wirlwind
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07-15-08 6:13 AM
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Ernie, I agree that the censoring is ridiculous. It's probably a computer program that should be altered to allow free expression. However, I can and will speak my mind. However, I don't like the censorship here, and will probable go to the other paper which gives me more freedom.
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Ernie9
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07-14-08 11:37 PM
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There is something we can all agree on. The foolish censoring they do here. Everyone understands the need to keep some decency in the language used here but sometimes it is ridiculous. For instance in the story about Del N e g r o pharmacy it deleted the ***** part. In a story about the Estee project the word c o n dominium came out ******inium is that silly?
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Ernie9
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07-14-08 11:32 PM
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UNCLE!!!
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FREEDOM
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07-14-08 11:02 PM
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Get him morningstar....
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FREEDOM
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07-14-08 11:00 PM
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I didnt realize there was a post policeman. I read a few of your post, you are not that smart.Your arrogance only shows your ignorence.Also if you are so smart you should comprehend post without punctuation.
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morningstar
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07-14-08 10:53 PM
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Huh. I can't say s u c k.
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morningstar
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07-14-08 10:52 PM
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Otherwise,*****it up and deal with what the court says.
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morningstar
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07-14-08 10:52 PM
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Well, darling Ernie, unless you can verify yourself as Pat Beck herself, you do not make the rules here. I have been posting for a while here, before I recall seeing your name on here. There have been many off-shoot conversations from original articles that were far more stimulating and interesting than the original article. I can and will comment on anything I wish on here until the paper itself keeps me from doing that. As far as intelligence goes, I highly doubt you are more so than everyone on here. The reason is that a truly intelligent person would admit their quest for more knowledge and certainly not criticize others for misspellings and lack of punctuation when he, himself makes common mistakes. In addition, "thinking" one's actions are appropriate are highly different from following set rules, antiquated or not. If a decision was to be made it better have been made by the rules. If the rules are outdated, change them before the next decision.
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Ernie9
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07-14-08 10:32 PM
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morningstar- This board is not a chat room to discuss music or anything but the news item in question. As to the question of the lawsuit, the ZBA did what they thought was appropriate. They overruled the code enforcement officer who also did what he thought was correct. Unfortunately, the zoning ordinance in Gloversville is antiquated. I am truly sorry that I appear to have a chip on my shoulder. I think it is because I am smarter than the average poster and get annoyed at all the drivel that I see here. How that for a chip? FREEDOM- Your posts contain good points. I simply am annoyed that I have to punctuate them for you before I can comprehend them.
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morningstar
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07-14-08 10:11 PM
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Ernie, you come on these boards with such a chip on your shoulder. Why would you care of other people discuss music based on another's post? We were simply talking, no animosity, no insults. Seems to me that's what you crave. In my opinion, the Y should question the ZBA's motives and methods, especially given the city's chronic mistruths and underhandedness. While I see this city in a rather positive light generally, I believe that the truth must be told and if the Y finds fault with the ZBA decision, chances are it is onto something. Regardless, it is in the court's hands now and the truth will come out.
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FREEDOM
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07-14-08 10:02 PM
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Nobody else seems to have a problem with my post period What's your problem question mark
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Ernie9
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07-14-08 9:53 PM
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Aerosmith, Led Zeppelin...what the*****do they have to do with anything. Do you people actually read the news item or just come on this board to spout inanities? In this case the city, (zoning board of appeals) was perfectly within their parameters and made a legitimate decision. The "Y" is grasping at straws. Aerosmith does not enter into the decision.
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Ernie9
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07-14-08 9:41 PM
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FREEDOM- Try some punctuation for a change. A few commas and a period now and then might possibly help your posts make some sense.
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morningstar
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07-14-08 9:37 PM
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Nope. I was sure before I searched, but I searched just in case. No Led Zeppelin song called "Dream on". I have a hard time imagining that that isn't common knowledge, since you couldn't escape Aerosmith in the last three or four decades.
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FREEDOM
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07-14-08 8:38 PM
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I think they both had one
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morningstar
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07-14-08 8:23 PM
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Wasn't that Aerosmith?
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wirlwind
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07-14-08 7:02 PM
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Freedom, Lead Zepplin had a great song for that. "Dream On"
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teebzz
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07-14-08 1:44 PM
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no kidding, theres always a "fight"
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FREEDOM
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07-14-08 1:18 PM
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Every time there is news coming out of gloversville its always about being in court is the city goverment doing anything but defending itself in court it would be nice to read something positive coming from g'ville for a change,no wonder everybody leaving town.
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