RSS
That rec center won't go away!
Still without a definitive legal opinion on the deed for the South Side Rec field, Commissioner of Public Safety Ron Kim released a memo today, which he had sent to the Mayor and other council members, which stated, once again, that he is concerned that the city will face suit if it goes forward with the construction of an indoor recreation building at the fields.
Although City Attorney Joe Scala has said that he believe there is no issue, Kim remains unconvinced, and today issued the memo, pressing for a written opinion.
This is only the latest in Kim's trials with the City Attorney. Apparently a contract revision approved at the last council meeting pending city attorney's approval, has languished for two weeks, while the cost of doing work continue to rise.
I was not able to get in touch with Mayor Johnson today (He did return my phone call, but I was away from my desk, a subsequent message went un-answered), so I was not able to get is take on either issue, but suffice it to say, there is no love lost between Kim and Johnson. Joe Scala, the city attorney, could be caught in the middle, though he is a Johnson appointee, and does work for the Mayor, there's no question about where his allegiances lie.
We could see some action on either one of these two issues at City Council tomorrow, stay tuned.
posted by The Saratogian City Desk at
9:56 PM
6 Comments:
Andrew,
Do you know if anyone besides the school district has standing to sue? If not, does Kim believe the school district is going to sue the City?
Interesting. Scala was advised as early as January that a environmental assessment under state law was necessary to move the Rec. center forward. Even at this date he has done nothing. The result is the City Council will not be able to construct the facility until SEQR is completed. My experience is that the City Attorney's Office is like a black hole. Nothing gets done except picking up teh pay check on Fridays.
Ben -- It is my understanding that any individual or group of individuals can file suit against the city under Article 78. Kim feels that the city is likely to face suit from a citizen's group that has been outspoken against the proposed recreation center, if the city does not seek an act from the state legislature to approve the alienation of parkland.
Of course, that's just his opinion. If the city does get sued, a court could very well dismiss the case on the grounds that the city has followed due process. However, even that level of legal action would cost taxpayers.
Andrew,
The point is this. If the City fails to correctly follow the process, an Art. 78 will be successful, no matter which county supreme court judge hears it. So why expose the taxpayers to the associated costs when all the City Attorney had to do is what he is paid to do.
The Council has not formally started the SEQR process and until it does the project cannot move forward. Kim is right to question the process.
So why has the City Attorney not signed off on a simple contract amendment designed to get answers to additional questions about the Public Safety proposal? After all the Council approved the contract amendment, the money is there, etc.
Current rumor is that John Herrick will not release his members of the City Council to approve the facility. So by delaying the additional study the Repulican Council and Franck (for Boyd and McTygue) get to delay the project.
In the meantime conditions get worse.
anon 4:27 p.m.:
I've just spoken to Mayor Johnson, who said that there is no delay, and that the city attorney is in the process of reviewing the contract. What's more, Johnson said that City Attorney Joe Scala was working with Kim to come up with some information missing from the initial contract.
Readers can decide for themselves if this is an on-the-level response, but that is the official word.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home