Statement by Troy City Council Members Lynn Kopka and Erin Sullivan-Teta re:

Recommendations Concerning Demolitions and Code Enforcement

January 26, 2015 @ 11:30 am
We have issued recommendations for the demolition of structures in the City of Troy pursuant to
information gathered from testimony at the six hearings and conversations with others involved
with demolitions, including City of Troy employees and staff at the NYS Department of Labor.
The recommendations were developed prior to the receipt of the Draft Report of the City
Council. We do not support the Final Report of the City Council on the demolition and code
enforcement concerns as it contains numerous statements that cannot be verified. We were not
provided a copy of the Final Report by the Council president until 10:15 am this morning.
Our primary recommendation is simple: Follow the law for demolitions. The appropriate
processes, procedures and permitting are clearly outlined in NYCRR Part 56-11. Adherence to
the code by City officials is not just encouraged, but required.
We have made other recommendations, including that the Fire Chief shall consult with the City
Engineer if time permits prior to the emergency demolition of a structure as a result of a fire.
We support the effort of the City Engineer, Andrew Donovan, to develop a procedural manual for
demolitions, including emergency, non-emergency and private demolitions. That manual is
being developed and will provide the policies and procedures to be followed in each demolition.
The Final Report requests that such a manual be produced, but makes no reference to
Donovans effort to produce such a manual and to provide transparency to the process. We look
forward to reading the completed procedural manual.
The Final Report recommends that a current body, such as the City Council or the Ethics
Commission, or a newly established body, such as a Workforce Oversight Board, implement
accountability measures. We note that the labor contracts provide for oversight and discipline
and those provisions should be reviewed. If found inadequate, accountability should be
addressed at the bargaining table. Under no circumstances should the City Council be involved
with the management and discipline of the city work force. We also note that an employee
tracking system was recommended by the administration in 2014. The Council, led by Wiltshire
and Zalewski, defeated such a measure.
Our review of the Final Report has been cursory due to the limited time afforded us. We thank
council members Wiltshire, Zalewski, Doherty and Robertson for including us in the review of
the Draft Report. In retrospect, we would have suggested that we receive testimony at the
hearings from other City of Troy Planning and Code staff, NYS DOL, NYS DEC and other
outside agencies on the demolition process and legal requirements. We would also have
suggested that we review prior demolitions to ensure that the proper procedures were followed
at those times.

Recommendations for the Demolition of Structures in the City of Troy

Councilmembers Kopka and Sullivan-Teta
January 12, 2015
The City Council held a series of public hearings in 2014 concerning the demolition of 4-10 King
Street and various structures on the King Fuels site in South Troy. The demolition of 2139 and
2141 Fifth Avenue and the code violations and closure of 51 Third Street were also subjects of
the hearings.
We are advancing several recommendations based on those lengthy hearings and the expert
testimony presented:
1. Declaration of emergency demolition
In the event of a fire which damages a structure, the Troy Fire Chief shall be the responsible
City of Troy employee to determine if the structure is unsafe and requires immediate
demolition. The Fire Chief shall consult with the City Engineer if time permits. 12 NYCRR
Part 56-11 lists the procedures that must be followed. Debris must be dealt with properly
under the Code as well.
In the absence of a fire, where a structure is identified by the Code, Engineering or Fire
Departments as unsafe or a collapse of a portion of the structure has occurred, the City
Engineer shall notify the NYSDOL under NYCRR 56-11. Compliance with NYCRR Part 5611 for demolition must be adhered to.
2. Demolition of structure adjacent to occupied building
In the event of an emergency demolition of a structure adjacent to an occupied building, the
Fire Chief and the City Engineer shall consult with the appropriate oversight agency for the
health and safety measures to be taken when the structure is demolished. The demolition
contractor shall be included in the consultation. Such measures may include the evacuation
and temporary closure of the occupied building, but at a minimum shall include written
notification to the owner of the occupied building of the demolition of the adjacent vacant
structure. This allows the building owner to take actions such as closing windows, shutting
down ventilation systems or removing people or property that is outside and exposed.
In the event of a non-emergency demolition, the owners and occupants of the adjacent
occupied shall be notified in writing by the Planning Department and/or Engineering
Department. The appropriate protocols will be in place according to NYCRR Part 56-11.
3. Role of Planning Commission
In the event of an emergency demolition, the owners of the now vacant lot shall, within 5
business days of demolition, request a meeting with the Planning Commission to begin the
process of compliance for the maintenance, securing and landscaping of the vacant parcel.
In the event that the emergency demolition was of a structure located in an historic district,
the owners shall, within 5 business days, request a meeting with the Historic District and
Landmark Review Commission to begin the process for compliance with historic district
guidelines for fencing, if appropriate, and other amenities for the vacant parcel.

4. Tracking of City of Troy Departments of Public Works and Public Utilities barricades
All City of Troy barricades shall be inventoried and coded for tracking. Such may require
electronic devices which the departments may need to acquire; purchase of the devices will
occur when funds become available. In the absence of electronic monitoring capability, the
departments will make an effort to more carefully account for the storage and placement of
barricades.
5. Meeting with NYS Department of Labor to clarify incident command
Question 147 of the NYS DOL Guidance Document in Relation to Industrial Code Rule 56
addresses removal of asbestos in the event of a fire. City of Troy staff from the Code,
Engineering, Police and Fire departments should request a meeting with NYS DOL staff to
clarify the use of incident command authority.

Schedule of 2014 Public Hearings on the Demolition of 4-10 King Street & Various
Structures on the King Fuels Site
April 29 Russ Reeves
Charles Casale
Anthony Dawson
Barbara Tozzi
May 8 Flora Carr
Ryan Preston
Jack Healey
Mike Cristo
May 29 John Torino
Dan DiTonno
Don Boyajian
Harry Tutunjian
June 3 Damon Dzembo
James Rivers
Barbara Tozzi
Michael Hayner
Thomas Garrett
June 17 Igor Vamos (via letter)
Benjamin Brucato
David Sheeran
William Dunne
Andrew Kreshik
September 11 Ian Silverman
Peter Ryan
Lou Rosamilia