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 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.  

 

 

Council to vote on issuing subpoenas

WILTSHIRE

The city Council will hold a special meeting tomorrow night for the sole purpose of voting to give President Rodney Wiltshire the power to issue subpoenas in the ongoing investigation of two demolition projects and other actions by the administration.
According to sources, three people are in line to get subpoenas, Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman.

“Ordinance authorizing the city council president to issue legislative subpoenas to conduct the continuing investigation of city conduct and processes concerning the following: Demolition in and around the King Fuels site, demolition in and around the King Street site and oversight and direction of the Code Department,” is the lone item on the agenda.

ROSAMILIA

Previously, Rosamilia agreed to have members of his administration testify in front of the Council without a subpoena. Planning Commissioner Bill Dunne, Fire Chief Tom Garrett and others did answer questions regarding the three areas mentioned above.

But, while the Charter does give the Council power to conduct hearings and compel testimony from anyone working in city government - as well as get documents via a subpoena - the mayor is an elected official and as such represents a distinct and separate branch of government.

Also, Silverman is the city’s attorney answerable to the mayor so he could invoke the sacrosanct attorney/client privilege if he is called to testify. On the other hand, technically, he also works for the Council so, he could answer questions by virtue of the fact his boss is telling him to.

RYAN

According to the charter, anyone who fails to answer a subpoena and refuses to testify is guilty of a misdemeanor and can be punished with up to $1,000 fine and a year in jail. But the legal quandaries involving the mayor and corporation counsel have not been tested since this is only the second time in 36 years the Council has invoked its investigatory powers.

In addition to the Council investigation, the federal Environmental Protection Agency, the state Department of Environmental Conservation, the state Health Department and the FBI have also made inquiries about the demolition projects.

GARRETT

Last month, the two investigators from the EPA paid a visit to the home of former City Engineer Russ Reeves asking about the demolition projects. He and his assistant in his newly formed private practice, Barbara Tozzi, who retired from the city shortly after Reeves resigned, also answered questions from FBI investigators.

The buildings on King Street, which are owned by attorney Don Boyajian, were knocked down at the direction of Garrett – who deemed it an emergency - while Reeves was on vacation. Reeves, during his own testimony in front of the Council, said Boyajian previously asked the city could declare them a hazard and knock them down in the interest of public safety but was denied.

The wrecking ball swung prior to any asbestos abatement and while Bombers Burrito Bar, located next door, remained open.

Reeves also said the demolition at the King Fuels site was shut down because construction activity came dangerously close to a natural gas main and because the demolition crew ignored engineering opinions while knocking down buildings. Later, asbestos was discovered littering the site.

REEVES

During the previous hearings, the city’s decision to shut down 51 Third St. also came under fire. The building is owned by Igor Vamos, a professor at Rensselaer Polytechnic Institute and a member of the YES Men. It was used as a gathering place for people who were set to march in protest of alleged police brutality in the wake of the Kokopellis melee. There were questions as to who ordered the Code Department to shutter the building when it had been occupied for years.

The special meeting is slated for 7 p.m. in City Hall. More information as it becomes available.    

 

 

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.

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.

Former Mayor Tutunjian gets a subpoena (DOCUMENT) (UPDATED)

TUTUNJIAN

Well, it appears the Council is issuing subpoenas for tomorrow night’s hearing on two controversial demolition projects as well as other activity.

Former Mayor Harry Tutunjian received a subpoena and according to his Tweet: “I’m looking forward to testifying tomorrow at the Troy City Council demolition hearing. I wonder what they’ll ask me. Should be fun.”

TUTUNJIAN'S SUPOENA

Tutunjian said, in previously published reports, that he spoke with Don Boyajian, the owner of the King Street buildings that were demolished in August 2013 by emergency decree, about knocking the buildings down in 2011 when he was still in office.

Fire Chief Tom Garrett ordered the buildings leveled while City Engineer Russ Reeves was on vacation. Bombers Burrito Bar, located next door was allowed to stay open through the demolition, which occurred prior to any asbestos abatement.

One of the logical avenues of inquiry the Council is taking is what prompted the emergency demolition at that time when the buildings have been vacant for at least a decade prior.

As you can see, Tutunjian is "commanded" to appear at 6 p.m. at City Hall to answer questions and bring any and all documents related to the demolition of the King Street buildings and demolition at the King Fuels site.  

According to the Times Union, Boyajian will also testify along with John Torino, the owner of Provincial Contractor Services which has done work at King Fuels and Dan DiTonno, the owner of DiTonno & Sons construction company who did work at the King Fuels site.  

 

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.