Rosamilia is out; updated odds are in

ROSAMILIA

With Mayor Lou Rosamilia’s decision to not seek re-election I guess now would be a good time to update the odds for who will run for the city's top office later this year. Vegas is a bit overwhelmed thanks to some college basketball tournament, but bookmakers were able to put together preliminary odds on potential Democratic candidates running for mayor and promised to have some odds on the Republican candidates tomorrow.

First, though, I’ve got to say the mayor’s decision came as no surprise. He was in way too far over his head to make good decisions on his own and did not have the right people giving him advice. They were either over their heads themselves (Pete Ryan, Ian Silverman and Mike Morris) or they had their own agendas (Bill Dunne and about every other department head and employee in the city.) Of the three mayors since the city changed its governing structure, Rosamilia may have been the nicest mayor but he was also the worst. 

WILTSHIRE

More on Rosamilia’s rocky one-term later. Tonight, we look to the future. The odds are known to change with the smallest of ripples or whispers or posts on Facebook but as of March 23 sometime after 9 p.m. this is where they stand on who will run, not on who will win. Those will come later too.

For the Dems:

-Rodney Wiltshire: The Times Union is reporting that the council president could announce as soon as March 4. Earlier, he said he would not primary Rosamilia but I think he gave up on that pledge long ago and had been planning to run for a while. He is a solid candidate with the Council presidency under his belt, has better than average name recognition and a good presence in front of the cameras. He will not – or very likely not – have the support of the Democratic Party proper and that means he will probably have to run a primary. He will also likely not enjoy the Independence Party backing he got from the GOP that propelled him to the presidency. ODDS of him running stand at even money.

-Ernest Everett: The little known candidate already has a Facebook page touting his candidacy and has raised some money for a run. He maintains he spent some of that money at places like Hooters and Kokopellis and other bars and restaurants to hold campaign pow wows with key advisers but it will still come back to haunt him - should he opt to continue his run. Whether or not he gets party support is up in the air but since it was the Democrats who initially leaked the campaign summits at Hooters I’m guessing not. ODDS of him staying the race stand at 5 to 1.

MANNY

Ed Manny: The county legislator wanted to run four years ago but the nod went first to Clement “Chappy” Campana and then to Rosamilia. The retired firefighter is, however, a party loyalist but the only way the Democrats pick him is if everyone else turns them down and they find themselves in a jam. Kinda like how Rosamilia got the endorsement. And Rosamilia, for better or worse, won. ODDS of him running are 7 to 1.

Cindy Doran: Another county legislator who is loyal to the party has shown an affinity for politics during her first term in office. The teacher in the Troy school district got some press – that boosted her name recognition – by calling for the chairman of the Legislature, Martin Reid, to resign and for her criticism of District Attorney Joel Abelove. ODDS of her running are 12 to 1.  

DORAN

Clement “Chappy” Campana: He was the party’s pick four years ago but his involvement in voter fraud, and more importantly his use of political influence to get his father into one of the nicer Troy Housing Authority apartments, dogged his campaign to the point that Rensselaer County Chairman Tom Wade chased him off the ballot. Wise move on Wade’s part. But, Campana does have a following, solid name recognition and, if you think about it, Wade owes him one. ODDS of him running are 12 to 1.

Lynn Kopka: The city councilwoman’s name was in the mix three-plus years ago, didn’t get the endorsement and ran for the legislative seat instead. She was elected president for two years and then lost that seat to Wiltshire and then nearly lost her Council seat altogether. She is however, a party proper person, which means she is in Wade’s corner and has been the front man (woman) against those Democrats who are not (i.e. Wiltshire.) ODDS of her running are 17 to 1.   

KOPKA

-Bill Dunne: The former eight-year councilman and current director of the city’s Planning Department certainly has name recognition – whether it’s for good or bad reasons is a toss-up. He is loyal to the Democratic Party, though, and he is “confident” enough to think he could win. ODDS of him running are 17 to 1.

-Pete Ryan: The current deputy mayor was elected to the Council and then the Legislature. If he should toss his hat in the ring, however, he would have a tough time – if not impossible time – distancing himself from Rosamilia’s many missteps. ODDS of him running are 20 to 1

-Ken Zalewski: During an appearance on @Talk1300, the four-term councilman said he wouldn’t mind being mayor someday but fell well short of saying he would run this year. He would have to take a pay cut, for starters, and he is a staunch supporter of Wiltshire. ODDS of him running are 25 to 1.

-Jim Conroy: The former deputy mayor under then Mayor Mark Pattison would probably like to run but he won’t run without party support and that doesn’t seem likely at this point in time. ODDS of him running are 25 to 1.

RYAN

Mayor Mark Pattison: After serving eight years in office he’s been out of the public eye for 12 years but unlike Rosamilia he did like the job and would be a formidable candidate should he opt to run. He does, however, have a cushy job at the State Comptroller’s Office so whether he wants to give that up and jump back into the lion’s den is unlikely. ODDS of him running are 25 to 1.

Tomorrow I will get the odds for potential Republican candidates and they include Councilman Jim Gordon, former Councilwoman and mayoral candidate Carmella Mantello, former Mayor Harry Tutunjian and former Councilman Mark McGrath.

If I forgot anyone from either party please let me know in the comments or drop me a line at 878-1000 or jfranco961@gmail.com

 

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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.

 

Rosamilia expected to announce he will not seek a second term

Mayor Lou Rosamilia is expected to announce he will not run for a second term during his State of the City address on Thursday, according to sources close to the mayor.

Rosamilia was elected in 2011 by a comfortable margin over Republican Carmella Mantello, who is likely to take another shot at Troy’s top spot.

The former Hudson Valley Community College accounting professor and former Rensselaer County legislator has had a tough three-plus years in office and the next four, for whoever is mayor, will be all the more difficult.

This year’s budget contains two huge one-shots: A $1.9 million deferral of a mandated pension payment and the $650,000 sale of the former City Hall site. Plus, all six unions are without a contract, emergency dispatch service is expected to increase by at least $250,000, the city is mandated to build a new courthouse and bonded $1.5 million for the project and has bonded millions more for capital improvements. In other words, the city is broke – worse than broke.

Recently, the state Comptroller said the city spend $5.9 million more than it took in from 2011 through 2013 and Moody’s gave the city’s finances a “negative outlook.”

Over the past three years, Rosamilia has had to suspend the head of his Planning Department, Bill Dunne, for installing sidewalks outside the scope of the federal Community Development Block Grant funds, appointed a police commissioner that threw department leadership into chaos, has had to deal with a hostile Council – the majority of which are of his own party - that conducted an investigation into he and his administration for the first time in 36 years. Federal and state agencies are also looking into the controversial demolition projects on King Street and the King Fuels site.

He just never seemed comfortable in the job. He ran almost reluctantly after taking over the party's first candidate, Clement "Chappy" Campana, who ran into issues of his own.

The mayor’s expected decision will open up the slot of a host of possible Democratic Party candidates. Council President Rodney Wiltshire, an enrolled Democrat, said he won’t primary Rosmailia but since his relationship with the party proper is strained – to put it nicely – he may be forced to primary whoever the party picks if he wants the job. More on potential Democratic Party candidates later.    

Mantello clearly wants to run for the Republicans and Councilman Jim Gordon, R-District 1, also is maneuvering for the party’s endorsement.

The unspoken items on some gratitude lists

It’s Thanksgiving Eve and I’m sure the elected officials and appointed officials in the Capital Region all have something – family, friends and other loved ones – for which to be thankful.

I’m sure too there are those things they are nearly as thankful for, and for which they mutter a quick prayer to the God of their choosing as they walk to the car after a day’s work or perhaps as they lie in bed waiting for sleep to end the day.

Happy Thanksgiving everyone.

-Mayor Lou Rosamilia: I am thankful I only have 13 months and three days left in this gig.

-Deputy Mayor Pete Ryan: I am thankful I only have 13 months and three days left in this gig … now if only the governor’s office would call me back so I can land over in Albany somewhere. If Mirch can get a job over there I can, damn it.

-Planning Commissioner Bill Dunne: Thank God we have 13 months and three days left. Think of the fun we can have. Come on guys, we have to get Mayor Lou re-elected.

-Fire Chief Tom Garrett: I am thankful the city is in such dire financial straits because nobody has mentioned King Street (outside of FBI, DEC and EPA agents Johnson, Johnson and Johnson … no relation) in at least a month.

-Police Chief John Tedesco: I am thankful the weather is getting cold and crime is back down to normal.

-Take Back Troy (collectively): We are thankful that someone just spit on the sidewalk so we can post about it on Facebook and then fight about who we’re supposed to call.

-Kevin McCashion: I am thankful I live in Troy and will never have a shortage of things to Tweet about because there is always something going on that is #troycrazy.

-Carmella Mantello: I am thankful the Board of Elections screwed up the 2013 election because now I can say I may have won and still be a viable candidate for mayor. I am also thankful the Republicans have all but thumbed their nose at me so now I can run a primary against whoever they put up and not feel at all bad about it.

-Rensselaer County Democratic Party Chairman Tom Wade: I am thankful for … well I’m not thankful yet but I will be thankful when Mayor Lou opts not to run again.

-Council President Rodney Wiltshire: I am thankful I’m not mayor and can blame the financial mess on Mayor Lou. At the same time, I can plead ignorance of the whole thing and get away with it, and I can hold hearings to get to the bottom of who knew what when about the King Street demolition. It’s good not to be king … yet.

-Lynn Kopka: I am thankful I’m not Council president any longer because these guys are harder to corral than feral cats.

-Rev. Willie Bacotte: I’m thankful I no longer live in Troy … those folks caught onto my scams pretty quick.

Former Police Benevolent Association President Bob Fitzgerald: I'm thankful I'm no longer president for the same reason Bacotte is ... except it took them a little longer.

-County Executive Kathy Jimino: I am thankful for Mayor Lou because he makes me look good. Or, if not good, then everyone just ignores me and that’s even better.

- Assemblyman Steve McLaughlin: I am thankful for Gov. Andrew Cuomo … since I live upstate all I have to do is mention his name and I get votes.

-Rensselaer County District Attorney-Elect Joel Abelove: I am thankful for the same thing McLaughlin is.

-City Court Judge-Elect Jill Kehn: I am thankful for Rich Crist and his ability to get me the minor party lines. Without them, the fact I practiced law without a license for six years probably would have kept me off the bench.

-Councilman Gary Galuski: I am thankful this is my last term on the Council. It’s a pain in the butt and the paycheck got me in all sorts of trouble with the state Department of Labor – it seems like they frown on collecting unemployment while earning money.

-Chairman of the Legislature Martin Reid: I’m glad to be a Republican but because I am one I am on the front page of the Times Union for the same thing Galuski got jammed up for and all he got was a passing mention.

-The Record editors: We are happy nobody reads our newspaper any longer because at least now nobody will know how bad it really is.

-Councilman Jim Gordon: I am thankful for Mayor Lou because now a Republican has a shot at becoming mayor. Now if only Carmella would go away the nomination will be mine by default.

-Councilwoman Erin Teta-Sullivan: I'm thankful nobody knows who I am.

-Former Mayor Harry Tutunjian: I’m thankful I’m not in Mayor Lou’s seat right now because there really isn’t anything anyone could do about the financial mess.

 -The UFA and the PBA (collectively): We are thankful nobody in government has a spine or they would take the next logical step and lay some of us off.

-Jim Franco: I am thankful that people still read my stuff.

-The Friends of 112^th Street (Collectively): For all the above mentioned characters for giving us limitless material for jokes.

This list will be added on throughout the Thanksgiving Day and please feel free to add your own.

Happy Thanksgiving!

Council votes to issue subpoenas; Kopka grills Wiltshire

KOPKA

The City Council voted, by a count of 6-3, to allow President Rodney Wiltshire to issue subpoenas in the ongoing investigation into demolitions on King Street and at the King Fuels site and the administration’s oversight of the Code Department.

The ordinance was passed without discussion, but Councilwoman Lynn Kopka, D-At Large, asked some pointed questions of Wiltshire at the Finance Committee meeting prior to the regular meeting. She, along with Councilmembers Erin Sullivan-Teta, D-At Large and Gary Galuski, D-District 6, voted against the ordinance.

Kopka asked how much money it was costing – mainly for the stenographer to make a record of the five public hearings - and where the money was coming from since the Council budget is already “in the red.” Wiltshire said he didn’t know. And Kopka said “I can tell you it’s over $5,000.”

“Where is the funding to pay these bills?” Kopka asked.

“We’ll have to move some money from the general fund,” Wiltshire said.

WIlTSHIRE

“So you saying the Executive Branch will be transferring the money to our budget,” Kopka said with a hint of sarcasm, alluding to the expectation that Wiltshire will subpoena Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Council Ian Silverman.

“It’s our duty to perform the responsibility as a Council and performing these hearing is something that is our right and something the citizens deserve,” Wiltshire said. “You can’t put a cost on that.”

“In other words we don’t have the funds,” Kopka fired back.   

She later asked about other agencies that are looking into the demolition projects – like the FBI, the state Department of Labor, and Department of Environmental Conservation and the Environmental Protection Agency. Wiltshire wouldn’t verify any of them, but said there are other agencies taking a look.

ROSAMILIA

“Those outside agencies have far more experience … why is the city Council continuing our own investigation?” Kopka asked.

“Our investigation is for processes and procedures that occur within city government, which is within our purview,” Wiltshire said. “The investigations that the other agencies may or not be performing are criminal in nature. And we are not conducting criminal investigations.”

“Can you verify that they are conducting criminal investigations?” Kopka asked.

 “I will not verify that at this time,” Wiltshire answered.

“In July you told us met with the FBI, can you tell us details of that meeting?” Kopka asked.

“I can tell you it occurred,” Wiltshire said.

“What other state or federal agencies have you met with?” Kopka said.

“I’m not going to answer that,” Wiltshire said.

“And who initiated the meetings?” Kopka asked.

KING STREET DEMO

“The unverified agencies initiated them,” Wiltshire said before asking if anyone else had any questions.

A Sept. 18 deadline to issue the subpoenas was also approved, adding a week to the deadline in the initial ordinance that failed to pass at a special meeting because there were only five votes in favor. Since it was introduced the same night it needed six votes and Councilwoman Anastasia Robertson, D-District 2, was absent. She joined Wiltshire and Councilmembers Jim Gordon, R-District 1, Dean Bodnar, R-District 3, Bob Doherty, D-District 4 and Ken Zalewski, D-District 5.

It remains unclear when the Council will call the next hearing.

GARRETT

In previous hearings a number of city employees testified without having been issued a subpoena thanks to a deal Rosamilia struck with Wiltshire. They include Fire Chief Tom Garrett, Planning Commissioner Bill Dunne and his assistant Andrew Kreshick. Others who testified include Don Boyajian, the owner of the now demolished King Street property, officials from the companies who performed the demolition and former City Engineer Russ Reeves, who resigned amidst the controversy.

At issue is why the emergency demolition of the King Street buildings occurred while Reeves was on vacation, and why demolition crews failed to follow engineering instructions while they knocked buildings down there. Asbestos was not abated on King Street and the adjacent Bomber’s was allowed to remain open during the demo. Asbestos was also found scattered around the King Fuels site.

The Code Department came under fire when 51 Third St. was shuttered for not having a Certificate of Occupancy while the building was being used as a meeting place for people planning to protest allegations of police brutality during the Kokopellis melee. The building had been occupied for about a decade prior.  

 

 

EXCLUSIVE: EPA, DEC investigators met with former city engineer

REEVES

Representatives from the criminal investigation units of the federal Environmental Protection Agency and the state Department of Environmental Conservation visited with former City Engineer Russ Reeves earlier this week.

Barbara Tozzi, who was Reeves assistant in City Hall before he resigned and she retired, was also present. She now works for Reeves in his private engineering practice.

The focus of the nearly three-hour meeting was controversial demolition projects at the King Fuels site and on King Street.

Sources said the two investigators inquired about who paid for what, but were more concerned with the procedures that were followed - or not followed. Sources said both investigators showed up at Reeves house armed and wearing badges.  

KING STREET DEMO

The names discussed with Reeves and their activities regarding both projects, according to sources, were Mayor Lou Rosamilia, Deputy Mayor Pete Ryan, Corporation Counsel Ian Silverman, Planning Department Commissioner Bill Dunne, attorney Don Boyajian, who owns the King Street buildings, Fire Chief Tom Garrett and others.

It's unclear where the investigation is headed but sources said the two agents were "well versed" on the two projects and already had a firm grip on what transpired.   

When contacted, Reeves said he could not comment.

According to the Times Union, the city Council turned over transcripts from its investigation to the EPA. Reeves was previously questioned by the FBI and sources say the three agencies are now working together in a joint federal/state effort to uncover what actually transpired in the Collar City.  At a hearing in front of the city Council in its ongoing investigation into the demolition projects, Reeves said Boyajian had come to the city looking for permission to take the buildings down by emergency decree. He was denied under the administration of then Mayor Harry Tutunjian.

Late last summer, Reeves went on vacation and the buildings were condemned by Fire Chief Tom Garrett and taken down. There was no asbestos abatement done and the building next door occupied by Bombers was allowed to remain open and patrons were seen walking in and out while the wrecking ball swung.

Buildings at the King Fuels site were taken down without following the recommendations of a licensed engineer. In addition, there are questions about improperly demolishing the buildings without conducting asbestos abatement.

The project was temporarily shut down when crews came dangerously close to a gas main that runs through the site.

Below is a video depicting the demolition of a building at the King Fuels site. It's relevant to the investigation and just too funny not to post again. Warning: it contains graphic language.

 

The Council has to have an end game

WILTSHIRE

Now that the Council is wrapping up its investigation into questionable demolition projects in the city – as well as a couple other things – I can’t help but wonder what the end game is.

Of course, there are those who say the probe has already accomplished its goal – to embarrass the administration of Mayor Lou Rosamilia. But even if that’s the case, there has to be some sort of formal resolution in addition to scoring intangible political points.

KING STREET DEMO

I suppose it could come in a few ways: The Council, under President Rodney Wiltshire, could refer their findings to other agencies like the Department of Labor, the District Attorney or the FBI; it could write a report and make recommendations including any disciplinary action it would like to see taken against members of the administration; or it could take action on its own.

As far as I can tell, not much new came out of the hearing last night when the Council heard from Dave Sheeran, a long time code enforcement officer, Planning Commissioner Bill Dunne, Ben Brucato, who lives at 51 Third St. and Andrew Kreshick, who was overseeing the demolition at the King Fuels site.

As I wrote before, the Rosamilia’s administration is out of control and everyone seems to do as they please with little regard for protocol, the Charter or even the mayor. The latest two hearings didn’t do anything but reinforce that observation.

DUNNE

Much of last night’s marathon was spent talking about the city’s decision to shutter 51 Third St. for lack of a certificate of occupancy. The building, owned by Igor Vamos, a former member of the anti-establishment “Yes Men,” was used as a gathering place for some who were protesting the Troy police and how they handled a melee at Kokopelli’s Bar. The accusation is that the shuttering was an effort to discourage – or intimidate – the potential protesters from joining in an anti-police rally.

There is some validity to that concern given the fact Dunne and Sheeran used information garnered from this blog to investigate the building and then used Facebook and a computer program to determine the building did not have a CO, even though Vamos has owned it and it was occupied for more than a decade. Plus, I’m told the normal course of business – or at least one avenue available to the city in such situations – would be to issue a temporary CO and give the building owner time to get everything in order.

GARRETT

Anyway, back to the end game, my guess is the Council will write a report, outlining the already well known issues (in addition to forwarding its information to the Department of Labor, which has an open case about the King Street demo and has already requested such.)

Some recommendations the report could include:

-The Troy Local Development Corporation, which owns the King Fuels site, is out of control and needs more oversight.

-Fire Chief Tom Garrett acted beyond the scope of his duties by unilaterally ordering the demolition of the King Street buildings, and even negotiated with the owner for payment, and should be reprimanded

ROSAMILIA

-Order someone – be it the owner, attorney Don Boyajian, or the city – to at least clean up the lot and take that God-awful tarp off the building that wasn’t knocked down on King Street.

-Dunne acted beyond the scope of his duties by sticking his nose into the Code Department in shutting down 51 Third St. and should be reprimanded. Or, if he is terminated, it would make life a lot simpler for the administration and a whole bunch of Democrats.

-Lobby the state Legislature to enact initiative and referendum in this state to cut Rosamilia’s term short.

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.  

Council should remember to KISS

WIlTSHIRE

The Council is making this a whole lot more complicated than it has to be.

According to the Times Union, Mayor Lou Rosamilia vetoed an ordinance authorizing the Council to issue subpoenas in its ongoing investigation into two controversial demolition projects and other things.

For starters, I don’t get why the Council sent the legislation to Rosamilia for his approval. The Charter clearly gives the Council the authority to conduct an investigation into any city activity and/or department. The mayor has no say in the matter because the Council is a separate and distinct branch of government with rights and duties exclusive to that branch.

It would be similar to the mayor vetoing the Council’s pick for City Clerk. He can’t. It’s a Council appointment.

That said, if he did have the authority to veto, it’s pretty apparent he has a valid reason. The process the Council approved to issue individuals subpoenas is either do it at a public meeting by majority vote or by five member signing a document.

ROSAMILA

The first makes perfect sense and is the process that should be followed. I’ve never heard of the second and nobody I talked to has either.  

It’s unclear why Wiltshire doesn’t just ask each member of the Council who they want to question, put it all on a big list and then pass the entire list. It doesn’t mean everyone on the list has to get called to testify but that is by far the simplest way to go about it and one that has the best chance of withstanding any legal challenge.

Then again, Rosamilia said subpoenas are not necessary should the Council want to question anyone in his administration. If that’s the case, why issue the veto? Obvious employees include Bill Dunne, commissioner of planning, his assistant, Andrew Kreshick, Fire Chief Tom Garrett and Deputy Mayor Pete Ryan.

I’m a big fan of the acronym KISS, or Keep It Simple Stupid. And that’s from a guy who can complicate tying a shoe – even if it comes with Velcro. Wiltshire and some of his colleagues on the Council have thus far done an admirable job in trying to find out what happened at demolitions on King Street and at the King Fuels site.

The first two hearings went off without a hitch and some good information was gathered. Now, though, it's getting down to the bottom of things and while the Council conducts its investigation there are no less than three federal agencies and a state agency looking into things too.

There might not be any easy answers to the questions, but it doesn’t mean the process has to get bogged down.

Just remember: KISS.

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

Council to vote on issuing subpoenas tonight

At a special meeting tonight, the city Council will vote on whether or not to issue subpoenas for its ongoing investigation of controversial demolition projects in the city.

According to the notice, the Council will hold a special Finance Committee meeting and then a special meeting of the Council to “discuss and act on an ordinance to issue subpeona’s (sic) for the Council’s investigations.”

The Finance Committee will meet first following the 6 p.m. hearing tonight where four people will answer questions from the Council and the special meeting will convene shortly thereafter.

There are no names associated with the legal notice and it’s unclear if any names will appear on the actual ordinance the Council will vote on tonight.

Obvious names include Fire Chief Tom Garrett, Planning Commissioner Bill Dunne, Deputy Mayor Pete Ryan, Assistant Planner Andrew Kreshik and possibly Mayor Lou Rosamilia.

It’s unclear how the Council will vote but I’m hearing it won’t be unanimous.

The special meetings follow last week’s hearing that included testimony from former City Engineer Russ Reeves - who resigned amid the King Street demolition and demolition project at King Fuels in South Troy – and his assistant Barbara Tozzi, who submitted her retirement papers earlier this week.

Tonight, the Council will hear from four people: Mike Cristo, who owns the company that demolished the King Street buildings; Flora Carr, who was the point person for Bethel Baptist Church when it wanted to buy land behind Bomber’s Burrito Bar on King Street; Jack Haley, an engineer who was initially called to inspect the common wall between Bomber’s and the buildings that were demolished but was called off at the last minute; and Ryan Preston, who was described to me as an engineer working for the Troy Local Development Corp.

Those four witnesses are testifying of their own volition and were not issued subpoenas. 

The FBI is investigating the King Street demolition as well as the proposed and squashed sale of the Scolite property and the installation of sidewalks in North Central. The King Fuels demolition was shut down while state and federal agencies investigate the discovery of asbestos at the site.