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.  

 

 

Wiltshire doesn't get the votes to issue subpoenas

KOPKA

The Troy City Council failed to give President Rodney Wiltshire the authority to issue subpoenas because it only got five votes.

The ordinance was introduced Thursday, and as such needs a two-thirds majority to pass. But, Councilwoman Anastasia Robertson, D-District 2, was out of town and Councilmembers Lynne Kopka, D-At-Large, Erin Sullivan-Teta, D-At Large and Gary Galuski, D-District 6, voted no leaving the majority with just five votes.

If the ordinance was allowed to sit for seven days, it would only have needed five votes to pass. But, since it was introduced the same night as the special meeting called for just that purpose, according to the Charter, it needed six votes.

It did pass the Finance Committee meeting held prior to the special meeting by the same vote of 5-3, as did an amendment setting a Sept. 11 date for when the subpoenas had to be issued.

But at the special meeting, after it was declared passed by Wiltshire, Kopka pointed to a section of the charter that outlines the process for introducing and passing ordinances. Nobody, including the Democrats attorney, Joe Liccardi, had any choice but to agree with her since it is in black and white.

The five who voted in favor were Wiltshire and Councilmembers Jim Gordon, R-District 1, Dean Bodnar, R-District 3, Bob Doherty, D-District 4 and Ken Zalewski, D-District 5.

WIlTSHIRE

Sources close to the Wiltshire camp say the plan was to subpoena Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman in the Council’s ongoing probe or two controversial demolition projects and the administration’s oversight of the Code Department.

While Rosamilia did strike a deal with Wiltshire, and agreed to have members of his administration testify without subpoenas, he fell short of saying he would testify. The mayor is duly elected, and does represent a separate and distinct branch of government so whether or not the Council has the authority to compel him to testify is not clear.

Silverman is running in a three-way Democratic primary for two seats on the City Court bench. And many feel the timing of Wiltshire’s decision to re-start the hearings after more than a month of dormancy is to embarrass him before he faces incumbent Judge Chris Maier and attorney Keith Gorman.

The Council previously heard testimony from Fire Chief Tom Garrett, who ordered the buildings on King Street demolished by emergency decree while City Engineer Russ Reeves was on vacation. Reeves, who has since resigned, also testified as did Planning Commissioner Bill Dunne. Others, either employed by the city or who have or had a stake in the projects, also gave sworn testimony.

ROSAMIlIA

The FBI, the federal Environmental Protection Agency and the state Department of Environmental Conservation and Health Department are also looking into the King Street demolition as well as one at the King Fuels site.

Code Enforcement came under the gun after 51 Third St. was shuttered for lack of a Certificate of Occupancy. The building, which was occupied for about a decade, was being used as a staging ground for people planning to march in protest of alleged police brutality at Kokopellis night club.   

It’s unclear what Wiltshire will do. As it stands the earliest he could call another meeting is a week from Thursday, but Robertson is due back from vacation early next week so he could call another special meeting provided he gives each Council member 24 hours notice.