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.

 

 

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 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.  

 

Newsflash: Mayor Lou is in over his head

ROSAMIlIA

Before I get going on this one let me remind everyone that I was on more than one occasion accused of writing to get a job with Mayor Mark Pattison, a Democrat.

Now that that’s out of the way, I’ve said from the get-go, before he even took office, Mayor Lou Rosamilia was in over his head and about everything that happened over the past two-plus years has done nothing but reinforce that observation.

The latest example was revealed by outgoing City Engineer Russ Reeves at a public hearing on Tuesday. Reeves, under oath, said an engineer, Jack Healey, was lined up to take a look at the wall between the buildings that were knocked down in August, 2013 and the adjacent Bomber’s restaurant but Rosamilia pulled the engineer off because the building’s owner, Don Boyajian, asked him to.

Michael Morris, the new mayor’s spokesman, said the mayor likely didn’t understand the protocol. I have no doubt of that. I don’t think the mayor suddenly had an engineering epiphany telling him a report on the wall wasn’t necessary. I don’t think Boyajian directly contacted the mayor either. I think the attorney used an intermediary like he did on Talk 1300 Wednesday morning to declare his innocence, or ignorance.

DUNNE

That means someone in his administration likely told the mayor to call off the study just before Fire Chief Tom Garrett ordered the buildings demolished while Reeves, who twice denied an emergency demolition permit, was on vacation.

I won’t belabor the King Street demolition or the King Fuels demolition or Scolite bid debacle or the sidewalks in North Central because it’s all been written and federal authorities are looking into it. Reeves told the Council the FBI told him he wasn’t a target which means there are targets out there. It doesn’t take rocket science to figure out who is on the list. I can’t add anything new, really, outside of observing Troy government and its politics for nearly two decades.

That said, I don’t think Rosamilia is malicious. I don’t think he intentionally jeopardized public safety by the King Street or King Fuels demolitions. I think he expects everyone to act with as much integrity as he has. The might be admirable in the cocoon of academia or on the football field but it doesn’t make an effective mayor, especially in a place like Troy where hidden agendas abound and grudges are held for years or even lifetimes.

TUTUNJIAN

The mayor can still be a “nice guy,” but to do the job he needs people, or even one person, he trusts that might not be so nice. Or in the least someone who isn’t afraid to take a stand, put people – employees and otherwise – in their respective place even if it means kicking some butt once in a while.   

For example, Mayor Harry Tutunjian had Deputy Mayor Dan Crawley. Mayor Mark Pattison had a couple people including Owen Goldfarb, Pat Morphy and Mark Streb. Rosamilia really doesn’t have anyone. Bill Dunne, the planning commissioner, is a central figure in all of the above problems, Pete Ryan, the deputy mayor, is in further over his head than Rosamilia, and Ian Silverman, the corporation council who is running for judge, is more focused on getting robes fitted.

PATTISON

Anyone of those people under Tutunjian or Pattison would never have allowed the friction between Dunne and Reeves to fester to the point of boiling over and impacting city business. It simply would not have been allowed and shouldn't have been allowed.

And, it's the mayor's job to be the public face of anything that happens in the city - good or bad. I know Tutunjian and Pattison would have said something to the public if five people got shot under their watch. Last week, we heard nothing from Rosamilia and still haven't.

Councilman Jim Gordon, R-District 1, is calling for Rosamilia’s resignation. A good political move but I don’t see it happening. I’d be willing to bet, though, that Rosamilia can’t wait until his time in office is over in 20 or so months. And actually, a bunch of Trojans probably can’t either.

Dunne vs. Reeves: Tale of the Tape

As I wrote before, the gas line on the King Fuels site is just the latest spat between Planning Commissioner Bill Dunne and soon-to-be former City Engineer Russ Reeves. The two have been in a near perpetual pissing match over projects, who heads up the Code Department and in general who is in charge of what since Dunne was appointed nearly two and a half years ago.

While it may look like Reeves is conceding by turning in his resignation effective May 2 he isn’t going down without taking a few parting shots and the first of those shots happened when he went to talk to the FBI, the next round will happen tonight when he testifies in front of the Council.

How Dunne responds, or if Dunne responds, is yet to be seen. He will, though, be hard pressed not to answer a Council subpoena, which will certainly be coming, and harder pressed to not answer questions posed by the feds.

Since the pissing match isn’t over yet, here is a tale of the tape:

REEVES

Age: Mid to late 50s

Build: Solid, torso as long as legs

Reach: FBI

Demeanor: 1950s sitcom father

Political affiliation: None

Strength: Licensed engineer

Weakness: Malleable at times

To lose: His license, until he resigned

Summary: Reeves is considered a pretty straight shooter. He was hired by a Democrat, Mayor Mark Pattison, and worked eight years for a Republican, Mayor Harry Tutunjian.

Over the years, though, there have been three questionable opinions he rendered.

One had to do with the Bucks, an elderly couple living near Griswald Heights. Before coming to work for the city, the Bucks hired Reeves to determine if the fact their neighbor, a Democratic loyalist with a backyard that backed up to the Bucks’ backyard, filled in a drainage ditch to put up a fence was the reason their basement began flooding. Reeves said yes, that is the reason. But, once he was hired for the city, he changed his mind and said it was caused by problems with the retention pond at the far end of the block.

The second is perhaps the most egregious and had to do with a decision to tear down the marquis on the old Cine Art building on River Street. At the urging of Fire Chief Tom Garrett, Reeves said the historic structure was unstable and could fall down at any time. It did fall down after a demolition crew bashed the crap out of it for hours with a crane, sledgehammers and even a torch.

The third was when a water main broke in South Troy and filled a basement with silt. Even though the pipe was 10 feet underground Reeves blamed the break on the frost and called it an “Act of God.” It, of course, had nothing to do with the fact it was some 100 years old.

Plus, while Reeves was hired by a Democrat he did spend the majority of his Troy career under a Republican and is considered one of "Harry's guys." Dunne, as a rule, doesn't like "Harry's guys."

 

DUNNE

Age: mid to late 40s

Build: Kind of like a pear

Reach: Tom Wade

Demeanor: 80s rock star sans the big hair

Political affiliation: Staunch Democrat

Strength: Political animal

Weakness: Ego and emails

To lose: His job and possibly more depending on FBI probe.

Summary: Dunne served eight years on the Council and was the most vocal, and most effective, loyal opposition to Mayor Harry Tutunjian and the GOP when they ran both branches of government. His political savvy is a major reason the Democrats ended up taking back the Council, growing the thorn in Tutunjian’s side. In all, Dunne was an effective productive member of the Council.

It’s his actions outside those associated with his work on the Council that seemed to get him jammed up. He got fired from what was considered a decent job at the state Dormitory Authority and while both sides are sworn to secrecy the bottom line is it had to do with a female employee, some emails and he was ordered to never step foot on Dormitory Authority property again. As with any similar story, there are two sides but everyone only knows, or thinks they know, the one.

During his time on the Council he was a stickler for procedure and following the rules and regulations to the letter or at least he held Tutunjian to that standard and rightly so. They are in place for a reason and part of the Legislative Branch’s charge is a check and balance to make sure the Executive Branch follows them.

But, now that he is in a position to do so, it seems Dunne is doing the same thing he accused Tutunjian of doing and even taking it a step further. The sidewalks in North Central, the King Street demolition, sale of the Scolite property and the King Fuels demolition are all examples of Dunne pushing the envelope and now the feds are investigating. How far he pushed it is yet to be determined.

Because of that the FBI is nosing around and his actions are making Mayor Lou Rosamilia look bad. His battle with Reeves is perhaps his most public, but behind the scenes he is battling with a number of employees and, more importantly, Democrats close to Chairman Tom Wade who know Troy voters have, and will again, oust entire slates of candidates if they see something they don’t like.

Since Reeves is heading out of City Hall with his license in tact and Dunne is still there I'd call it a draw for now. That may change depending on how deep the feds go or on what the Democrats do.  

 

Council investigates for the third time in 36 years and some questions to ask

WILTSHIRE

The last time the Troy Council used subpoena power was in 1978. Steve Dworsky was mayor under a city manager form of government and the legislative body was looking into a concept of team policing.

A host of people were compelled to testify including Dorothy Guiot of New Jersey. I won’t go into what it was all about because I was 12 at the time and dare say the only Troy I knew of at that time had to do with a horse. The Council also exercised its investigatory powers in about 2001 when, under President Frank LaPosta, it hired attorney Richard Hanft to look into a questionable federal grant funneled through the office of then Deputy Mayor Jim Conroy to his brother to buy a house part owned by the deputy mayor.

REEVES

Now the Council, under President Rodney Wiltshire, issued subpoenas to soon to be former City Engineer Russ Reeves and his assistant Barbara Tozzi, to find out what went down on King Street and King Fuels other than the buildings.

I’m not sure how the subpoenas were actually issued since I don’t think the Council voted to issue them at a properly called meeting as is required, but odds are Reeves and Tozzi just agreed to testify and the subpoenas were a formality.

While Reeves and Tozzi are more than likely willing participants, you can bet Planning Commissioner Bill Dunne, Deputy Mayor Pete Ryan, Fire Chief Tom Garrett and even Mayor Lou Rosamilia – should any or all of them get called – won’t come without a properly issued subpoena. And even then they could fight it in court, which won’t look good, or they could plead the fifth on some of the more poignant questions the Council will, or should, ask. That won’t look good either. Or they could get up on the stand and tell the truth whatever it may be.

DUNNE

Either way, just by kicking off the investigation, Wiltshire comes out on top politically speaking.

Anyway, Reeves and Tozzi probably won’t tell the Council anything new. Here is a rundown of what they will say and here’s what should be asked about each property:

King Street

What they will say:

-Reeves denied an emergency demolition permit, went on vacation and the building was declared a threat to public safety and ordered taken down by Fire Chief Tom Garrett when Reeves was on vacation.

KING STREET

-Despite knowing there was asbestos in the building, people were allowed to stay in Bomber’s located next door.

Questions to ask:

-Did the building’s owner, Don Boyajian, pay the demolition company, M. Cristo Inc. of East Greenbush?

-Why was the emergency demolition permit denied?

-Who directed Garrett to take the building down?

-Why was it taken down in front of other derelict, vacant buildings in the city?

KING FUELS

-Did someone make a 911 call regarding the building and its condition just prior to the demolition?

King Fuels

This project is a little lessstraight forward in that it was run through the Local Development Corporation, a quasi-governmental body headed up by Dunne.

Here are some questions:

-Why was the initial June, 2013 request for bids withdrawn?

-Why and how, after the initial RFB was withdrawn, were two buildings condemned and taken down under an emergency declaration?

-Why was such short notice given for the submission of a second round of bids – RFB issued on March 1, a Saturday, and bids were due on March 6.

ROSAMILIA

-According to the LDC minutes, Reeves knew of the demolition and the gas line. Did the demolition company, J.R. Casale, just screw up by putting debris on top of the main line that could have caused some serious damage if it was compromised?

-When did Reeves know of the demolition and how involved was he in carrying it out? If not Reeves, did another engineer consult on the demolition as indicated in the minutes and if so let’s see the reports?

-The relationship between Code Enforcement, the Engineering Department, and the Fire Department is a question that has only one answer … there really isn’t one - or not a good one anyway. Everyone is just doing their own thing and it seems that includes stabbing each other in the back. There is only one person to blame for that and it’s Rosamilia. He is the mayor after all, and a strong mayor keeps the troops in line and makes them play nice ... at least in the public eye.

More to King Fuels than a gas line and butting heads (DOCUMENTS)

REEVES

 The way I see it the administration had a choice … Planning Department Commissioner Bill Dunne or City Engineer Russ Reeves.

The two have clashed on more than one occasion and even came close to fist-a-cuffs at one point. This time, it appears, the administration made up its mind and went with Dunne because Reeves apparently had had enough and submitted his resignation earlier this week.

The latest dust-up revolves around the demolition of 12 buildings at the old King Fuels site in South Troy. The project was through the Local Development Corporation, a quasi-governmental body where Dunne serves as executive director.

In his resignation letter dated Monday, Reeves said engineering work was done by non-engineers and that the demolition crew had come close enough to a main gas line putting public safety in grave danger. As such, since he is the city engineer, he said his license was also in danger should anything have happened. There are a number of ancillary stories depending on who you talk to, but that’s the gist of it.

I’m not saying who is wrong or right, but despite the two not hitting it off the process at King Fuels has been ongoing and, to say the least, convoluted.

-On June 7, 2013 the LDC, which owns the King Fuels site, requested bids to take down 12 buildings. The RFB included performing an asbestos survey, asbestos abatement and the removal of all friable material.

DUNNE

-Before the bids were due on June 20, 2013 the LDC withdrew the RFB, citing the need for an asbestos survey first. The FRB clearly states the contractor who is awarded the bid would need to perform the asbestos survey but the lack of one is the reason it was withdrawn.

-In November, 2013, according to LDC minutes, two of the buildings were condemned and were to be taken down by emergency decree. The board said it had set aside $200,000 for the demolition and were entertaining three bids with the award eventually going to Provincial Contracting Services. Since the buildings were vacant for at least a couple decades, it’s unclear why the emergency demolition was necessary on the isolated, unpopulated site.

-In December, 2013, according to the minutes, Dunne told the board demolition could not proceed on two of the buildings – it’s unclear if it’s the two buildings mentioned above – until Reeves obtained an engineering report.

-In January, the LDC Facebook page shows photos of a company knocking down the former Benzoil building, one of the 12 listed in the June, 2013 RFB. The January minutes also mention an engineering report related to two of the buildings and to a gas line – presumably the one mentioned above that sparked the latest Dunne/Reeves pissing match.

-On March 1, a Saturday, the LDC again requested demolition bids using a website called BidNet, a site that charges either by the month or the year. The bids were due on March 6 and Casale Construction was low bidder out of five companies and was awarded the contract. Work on the site was ongoing until last Friday when it was shut down because of the gas line. It has since picked up again. Here are the TLDC March minutes. I'm awaiting the answer to a FOIL request to see the particulars of the RFB.

-When Reeves submitted his resignation he cited the gas line and public safety as the most recent threat to his engineering license, but he also referred to the controversial King Street demolition where patrons of Bombers were seen coming and going while the asbestos ridden building next door was demolished as per emergency decree. He was asked for an emergency demolition permit but refused, according to sources, so the demo was ordered by Fire Chief Tom Garrett while Reeves was on vacation.

-Reeves was invited to Albany by the FBI to talk about that project as well as redevelopment of the Scolite property and the controversial construction of sidewalks in North Central.

-Dunne is front and center in all three projects and some Democrats are wondering how much longer he will survive in his present position.

-The Council, according to President Rodney Wiltshire, is set to look into what transpired at King Fuels and it will be interesting to see if they utilize subpoena power.

-Reeves met with Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman Tuesday morning.

-There are fears in City Hall that the administration will go after some of those close to Reeves, for what reason I’m not sure but the fears are very real.

-I don’t think this one is over yet. Never let it be said I don’t have a knack for the painfully obvious.   

Lawyering up

BILL DUNNE

Two people at the center of the FBI inquiry into the goings on in Troy – albeit for different reasons – now have attorneys.

Sources tell me Bill Dunne, the Planning Department commissioner, has retained Jim Long, a longtime attorney who has done extensive work for the Democratic Party on both sides of the river. And City Engineer Russ Reeves, who was recently questioned by the FBI, has retained Michael Shanley, a longtime attorney who was described to be as an “old warhorse.” It is not believed Shanley  - who is not the ADA by the same name and it's not Terry or Don Shanley - accompanied Reeves when he went to Albany to talk with the FBI.

To recap, the FBI is asking questions about the demolition on King Street, the installation of sidewalks in North Central and the questionable use of federal Community Development Block Grant money and the deal to sell the Scolite property to RJ Valente.

RUSS REEVES

Reeves was called in to answer some questions and generally the FBI doesn’t call in potential targets. Dunne was suspended for five days without pay for not fully informing his boss, Mayor Lou Rosamilia, about the new sidewalks in front of Freedom Park in North Central – which were not among the CDBG projects approved by the Council.

While Dunne wasn’t directly involved in the demolition of buildings adjacent to Bomber’s Burrito on King Street it was questionable in they were vacant for years but were declared such a threat to public safety Fire Chief Tom Garrett ordered them immediately torn down without taking time to abate the asbestos. Also, coincidentally, the demolition was ordered while Reeves was on vacation. The questions on everyone’s mind is why were they demolished and who ordered Garrett to take them down?

CHIEF GARRETT

Dunne also played an integral part of putting together the deal to sell the Scolite property to Valente, which the Council is set to vote on Thursday. Other bidders, including Perry Companies, a conglomerate that includes Don Fane, claim the city modified the parameters of the Request for Proposal after bids were taken and are threatening a lawsuit should it be approved. Modifications include the construction of a $9-plus million road and the ability to lease the property with a $100,000 down payment rather than the $1 million purchase price.  

Most recently Long represented former City Clerk Bill McInerney during the years long voter fraud scandal. McInerney admitted on the stand to forging scores of minor party absentee ballot applications and absentee ballots during the ’09 election but struck a deal with special prosecutor Trey Smith to avoid jail time.