It gets real: Feds subpoena records from Troy Council

My version of the story is below but so I don’t rehash all the old news or t 
he Times Union article, the subpoenas issued Wednesday does lead to some interesting questions and observations:

-Why did the EPA subpoena the Council, which had nothing to do with the actual demolitions, rather than go directly to the administration which did? Also, all the records – with the exception of emails and other communications, are already public documents.

-Attorney Don Boyajian’s name is the only one mentioned in the subpoena. His partner, Bill Dryer represented former Senate Majority Leader Joseph Bruno in his second trial that ended with an acquittal ending a nearly decade long investigation and prosecution by the feds. 

-Including the fact Boyajian owned the buildings in 2010, there are other constants from 2010 through 2014: Bill Dunne was on the Council in 2010 and, after being term limited out at the end of 2011, became director of the Planning Department for Mayor Lou Rosamilia in 2012 and Fire Chief Tom Garrett was chief then and when the King Street buildings were knocked down.

-At this stage of the game it is far better to receive a subpoena than not since the targets likely won’t hear anything until there are indictments – if any should be forthcoming, that is.  

-Rosamilia, after taking a beating about frozen pipes and hosting one of the worst press conferences in the history of not just Troy but the world, goes back into hiding with a solid “no comment.”

-The Council, under President Rodney Wiltshire, is again vindicated for holding hearings into the demolition projects.

-I don’t recall the April 2013 demolition of the Ardex Building at 744 Pawling Ave. but the feds remember it because they requested documents related to that too. As an aside, Reeves was in town for that one and did declare the emergency himself.

-The federal government takes its time when investigating such matters but for them to first question City Hall employees in City Hall, like investigators did earlier this year, and then issue subpoenas it is painfully obvious they are taking the whole thing seriously.

-It’s just one more disastrous turn of events for Rosamilia and one more reason I don’t think he runs again.

STORY

The Troy City Council received a sweeping federal subpoena, Wednesday, as part of the ongoing probe into controversial demolition projects on King Street and at the King Fuels site.

According to the subpoena, first reported by the Times Union, the Environmental Protection Agency is demanding a host of records from January 2010 to the end of 2013. That includes records from the last two years of Mayor Harry Tutunjian’s term and includes three consecutive city Councils.

The row of buildings on King Street was demolished by an emergency decree called by Fire Chief Tom Garrett. Former City Engineer Russ Reeves was on vacation at the time. He had previously denied a request by the buildings’s owner, attorney Don Boyajian, to declare them a public hazard and to knock them down under the city’s emergency demolition procedure.

The city Council, through a half dozen public hearings, the FBI the EPA and the state Labor Department have been looking into whether or not public safety was in jeopardy during the demolition. Asbestos was known to have been in the buildings but not properly abated and the buildings were demolished while Bomber’s remained open next door. Patrons were seen freely entering and exiting the bar/restaurant while the wrecking ball swung not 50 feet away.

According to the subpoenas, if the Council turns over records the individual members do not have to appear in Albany on April 1.

Earlier this year the FBI and EPA interviewed City Hall employees and last year Reeves, who had resigned at the time and Barbara Tozzi were also interviewed.

“It has been my contention from the beginning that the demolition at 4-10 King Street in August 2013 was conducted unethically, and possibly illegally,” said Councilman Ken Zalewski, D-District 5. “The City, in its attempt to circumvent the standard demolition process one day after the City Engineer went on vacation, placed the public at risk of exposure to airborne asbestos particles. “

Mayor Lou Rosamilia, through a spokesman, tells the Times Union his office had no comment on the subpoenas.

 Council President Rodney Wiltshire tells the Times Union the Council’s investigation is validated by the fact federal investigators are bringing the issue to a grand jury. Councilman Jim Gordon, R-District 1, tells the newspaper he reached out to the EPA to see specifically what documents they want.

The EPA is also asking for records regarding the demolition of a number of buildings at the former King Fuels site located on a tract of land in South Troy owned by the Troy Industrial Development Agency. The demolition followed no engineer approved plan, the work was conducted in such a manner it threatened to breach a gas main and there was no asbestos abatement. It was so shoddily done, the demolition was the reason Reeves resigned.

 

City employees questioned by federal agents (with names)

Demolition of King Street

Sources confirmed that the FBI and the Environmental Protection Agency questioned a number of city employees Friday, some at City Hall and some at their homes.

According to sources, those questioned include Andrew Peterson, who works in the Planning Department, Carlo Soriento, who works in the Code Department, a female in the Assessor’s Office and investigators went to Code Enforcement Officer Mark Lawler’s North Greenbush home to ask him questions.

GARRETT

Part of Peterson's job is working as executive secretary of the Troy Planning Commission and the Zoning Board.

Both federal agencies have questioned former City Engineer Russ Reeves about two controversial demolition projects, one on King Street and one at the King Fuels site. Reeves resigned his position shortly after Fire Chief Tom Garrett ordered the demolition of the King Street buildings, which are owned by attorney Don Boyajian, while Reeves was on vacation. Reeves had previously refused to grant an emergency demolition for the long-vacant buildings.

State and federal agencies then discovered they were demolished prior to the abatement of asbestos.  

Based on the long, sordid history of the two projects, it does not appear those questioned by federal agents on Friday are the target of the investigation. Rather, they would be called upon to simply give information.

ROSAMILIA

Demolition at the King Fuels site was suspended when a main gas line was nearly ruptured. It was later discovered the company doing the demolition failed to follow an engineer-approved plan to demolish the buildings and asbestos was found littered throughout the site.

The city Council also began its own investigation that consisted of a number of city officials – including Mayor Lou Rosamilia, Garrett and Reeves - and private individuals publicly answering questions during six hearings. The Council also asked pointed questions about the decision for City Hall to shutter 51 Third St. for lack of a certificate of occupancy even though the building had been used for years as place for performance art-type programming.

It's unclear who else, if anyone else, was questioned on Friday.

More information on this developing story as it becomes available.

 

 

The fire chief's new powers

CHIEF GARRETT (Times Union photo)

Where there’s smoke there’s fire … unless everyone sticks to the script.

Fire Chief Tom Garrett, while testifying in front of the city Council earlier this week, said the one and only reason he ordered the buildings knocked down on King Street was out of concern for public safety.

Out of 501 vacant buildings in the city, the ones on King Street – which may have different addresses but were really one big row house - presented the largest threat to the safety of fire fighters and the public at large.

Garrett said he didn’t talk to anyone in City Hall about ordering the emergency demo and the one and only discussion he had with Don Boyajian, the buildings’ owner, was the morning the buildings were taken down and during that chat Boyajian agreed to pay for it.

A couple things come to mind.

-The demolished King Street buildings have been vacant for years if not decades. The one end was occupied by a strip club until it was shuttered for offering customers more than a show and the other is home to the new Bombers Burrito bar. I still don’t know what suddenly made the buildings a threat to public safety – especially since the strip club and its extracurricular activities were shut down.

KING STREET DEMO

-Since when does the fire chief have the authority to unilaterally knock buildings down? When did it last happen outside of a building that was ravaged by fire? There is some question as to whether the chief has the power under the charter or not but I’ll give him the benefit of the doubt for now. But, even with the benefit of the doubt graciously extended, you would think he would run it by someone first - like the mayor perhaps. Or maybe the city engineer, but he was conveniently on vacation. (Russ Reeves has since resigned)

-Garrett said the boiler and most of the piping was removed from the building so he assumed there was no asbestos left. Now, not only does the chief have the authority to reduce any building in the city to rubble, he can do an asbestos survey by eyeballing it rather than using any funky air monitoring or testing equipment.

-He also knows enough about structural engineering to determine the wall between Bombers and the demolished buildings was not going to collapse while crews whacked away at it with a wrecking ball. In fact, he was so confident of that assessment, patrons were allowed to continue to patronize the bar while demolition was going on. Why ruin a perfectly good Happy Hour, after all.  

-The chief also now negotiates with the building owners on paying for the demolition should he order one.

REEVES

-Given the above powers and/or skills the chief now possesses, I don’t think he makes enough overtime.

-No one is sure when or who ordered the Department of Public Works to set up the barricades but testimony showed it was ready to go the day before. Since Garrett ordered the demolition without speaking with anyone else one can logically assume he requested the barricades. Maybe the chief can plow streets and pick up garbage too.

-Boyajian may have paid more to get rid of the debris because it was determined there was asbestos present – despite the chief’s determination – but he did bypass a bunch of red tape most building owners have to go through if they want to conduct a demolition. That red tape includes a getting a permit, getting approvals from the Planning Commission and the county Department of Health, meeting a host of other criteria and having a post-demolition plan for the site. (See section 141-28and 141-29 of the City Code.)

So far, to no fault of the Council or how it is conducting the investigation into the demolitions on King Street and the one at the King Fuels site, there is a bunch of smoke and, so far, no fire. And there won’t be so long as everyone sticks to the script of “public safety concerns” and “miscommunication.”

 

Troy grant writer moves on

ROHR

Bill Rohr, a grant writer, is the latest to flee the administration of Mayor Lou Rosamilia.

Rohr follows the departure of City Engineer Russ Reeves who resigned amid two controversial demolition projects – one on King Street and the other at the King Fuels site in South Troy. Also, Reeves assistant, Barbara Tozzi, a 30-plus year employee, also retired.

While the administration didn’t quite hang Reeves out to dry, it fell well short of backing him up when questions arose about the projects.

It was no secret Rohr wasn’t happy about the way Reeves was treated and while he didn’t abruptly resign, he did start exploring other options. Obviously, one of the options turned out to be better than staying in City Hall, where he has been writing grants for nine years.

Reeves and Tozzi voluntarily testified at the ongoing Council investigation into the demolition projects. Since there have been two other hearings one featuring the owner of the King Street buildings, attorney Don Boyajian, the crew that did some demolition work at the South Troy site and former Mayor Harry Tutunjian.

Tutunjian said Boyajian contacted him in 2011 about the King Street properties to inquire about an emergency demolition. Tutunjian said he refused to consider it since there was no justification. Some two years later, Fire Chief Tom Garrett ordered the buildings demolished while Reeves was on vacation.

Boyajian said “miscommunication” was running rampant in City Hall.

As for the South Troy demolition, the owner of DiTanno and Sons admitted the crew did not follow the demolition plan as approved by an engineer - which really comes as no surprise given the footage that was leaked.

The next hearing will feature some City Hall employees, who will, according to a deal struck by Rosamilia and Council President Rodney Wiltshire, testify voluntarily and not via subpoena.

Good move by Mayor Lou; ball is in Wiltshire's court

ROSAMIlIA

Mayor Lou Rosamilia put the ball back in Council President Rodney Wiltshire’s court by saying any member of his administration will voluntarily testify so there is no need for the Council to issue subpoenas.

It was a good move by Roasmilia. He avoids looking like he was fighting the inquiry – as opposed to when he vetoed the ordinance allowing the Council to issue subpoenas – and rather makes it look like he and his administration are being nothing but open and transparent and willing to cooperate with the process.

WILTSHIRE

Plus, and perhaps more importantly in the grand scheme of things, by hearing from the players directly involved in the demolition on King Street and on the King Fuels site, we are all closer to knowing who did what and why. Rosamilia - whether he knows or not or whether or not he wants to know or not - can say he and his have nothing to hide and if something untoward is revealed he can claim ignorance and be just as shocked and surprised as anyone else. Even Wiltshire, while on Talk1300, said he thinks Rosamilia was not aware of what actually transpired prior to the demolitions.

In other words, look for someone to be the “fall guy.” But the thing with “fall guys,” is sometimes they are the ones responsible and should be held accountable.

Anyway, some say the agreement waters down the investigation because as Wilford Brimley said in Absence of Malice: “Wonderful thing a subpenee.”

GARRETT

With a subpoena, the testimony is automatically under oath and the Council can also demand to see records like contracts, emails and other exchanges related to the two demolition projects.

Wiltshire can still put those giving testimony under oath, can still demand the related documents and proceed as if he were issuing subpoenas but he really had no choice but to accept Rosamilia’s fig leaf. If he didn’t, he ran the risk of appearing to politicize the process and so far he has kept the inquiry above the fray – which is no easy task in a city like Troy.  

In the end, Rosamilia had nothing to lose by offering up members of his administration. If he didn’t Wiltshire would have just overrode the vetoes, issued the subpoenas and they would be forced to testify anyway. Let’s see if they are under oath and if the Council also has access to all the relevant documents and communications.

  According to the Times Union, the eight who will testify are:

RYAN

Fire Chief Tom Garrett, who ordered the demolition of the King Street buildings, a row of buildings owned by attorney Don Boyajian, Bill Dunne, the planning commissioner who is at the center of the King Fuels demolition, his assistant Andrew Kreshik, Dave Sheeran, a code enforcement officer, Andrew Peterson, an employee in the planning department, Corporation Counsel Ian Silverman, Mike Hayner, who is heading up the Department of Public Works and Deputy Mayor Pete Ryan.

Obviously Rosamilia has no control over those who probably have something to offer but are not employed by the city. They include Boyajian, J.R. Casale, the proprietor of Bomber’s and a representative from Ditano and Sons.   

This will be the third hearing held by the Council. The first featured former City Engineer Russ Reees and his assistant Barbara Tozzi. Both of whom have since left city employment. During the second, the Council heard testimony from four individuals who do not work for the city.  

Who gets a subpoena will come later (DOCUMENTS)

WILTSHIRE

The Council will vote to issue subpoenas at tonight’s special meeting but it doesn’t give who it wants to subpoena.

The names will come at a meeting where the Council will address “a subsequent ordinance, specifically identifying and approving the individual or entity to be subpoenas and directing the appearance at subsequent public hearing to provide testimony and documents related to the questions and activities referenced in this ordinance.”

That’s according to the ordinance the Council will address tonight (which can be seen below) which authorizes the Council to investigate “city activities and processes concerning the following; demolition in and around the King Fuels site, demolition in and around the King Street site oversight and direction of the Code Department.”

Obvious names of people in city employment include Planning Commissioner Bill Dunne, Assistant Planner Andrew Kreshick, Fire Chief Tom Garrett, Deputy Mayor Pete Ryan and possibly even Mayor Lou Rosamilia.

ROSAMILIA

The ordinance also gives the Council the authority to subpoena “private individuals.” Obvious names that come to mind are attorney Don Boyajian and contractor J.R. Casale.

I will go into what each could bring to the table, and possibly add more names in a later post.

It seems to me this ordinance should have been passed weeks ago when the Council first questioned former City Engineer Russ Reeves and his assistant Barbara Tozzi. But, they testified voluntarily at the first public hearing so it’s no big deal. The second hearing also featured testimony from those there voluntarily.

Now, though, as the Council gets into the nitty-gritty, it can expect opposition so President Rodney Wiltshire - who has thus far, outside of one misstep, handled the entire thing with a unique mix of professionalism and political savvy - is going by the book.

KOPKA

I say there will be opposition based on the dog and pony show put on by Rosamilia and three members of the Council who are opposed to the inbestigation – Lynn Kopka, D-At Large, Gary Galuski, D-District 6, and Erin Sullivan Teta, I-At Large.

Rosamilia called it a “witch hunt,” which is akin to telling the Council to sit down and rubber stamp my administration instead of doing your job and being a check and balance.

Kopka said Wiltshire has not listened to the entire Council regarding who to subpoena. Galuski said he didn’t try to participate but he wasn’t asked to either.

My guess is, once the ordinance passes tonight, Wiltshire will ask his eight colleagues for a list of people they would like to question.

Why not? The more the merrier and it certainly trumps the “he didn’t include me” argument.

In addition to the Council probe, according to the Times Union, there are no less than three federal agencies and a state agency looking into the projects.

Ordinance 1