kopka and sullivan-teta statement and recommendations

8/9/2019 Kopka and Sullivan-Teta statement and recommendations

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

Recommendations Concerning Demolitions and Code Enorcement

!anuary "#$ "%&' ( &&:)% 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 involvedwith demolitions, including City of Troy employees and staff at the NYS Department of Laor!The recommendations were developed prior to the receipt of the Draft "eport of the CityCouncil! We do not support the #inal "eport of the City Council on the demolition and codeenforcement concerns as it contains numerous statements that cannot e verified! We were notprovided a copy of the #inal "eport y the Council president until $%&$' am this morning!

Our primary recommendation is simple: Follow the law for demolitions. The appropriateprocesses, procedures and permitting are clearly outlined in NYCRR Part !"##. $dherence tothe code %y City officials is not &ust encouraged, %ut re'uired.

We have made other recommendations, including that the #ire Chief shall consult with the City

(ngineer if time permits prior to the emergency demolition of a structure as a result of a fire!

We support the effort of the City (ngineer, )ndrew Donovan, to develop a procedural manual fordemolitions, including emergency, non*emergency and private demolitions! That manual iseing developed and will provide the policies and procedures to e followed in each demolition!The #inal "eport re+uests that such a manual e produced, ut maes no reference toDonovan-s effort to produce such a manual and to provide transparency to the process! We looforward to reading the completed procedural manual!

The #inal "eport recommends that a current ody, such as the City Council or the (thicsCommission, or a newly estalished ody, such as a Worforce .versight /oard, implementaccountaility measures! We note that the laor contracts provide for oversight and discipline

and those provisions should e reviewed! 0f found inade+uate, accountaility should eaddressed at the argaining tale! 1nder no circumstances should the City Council e involvedwith the management and discipline of the city wor force! We also note that an employeetracing system was recommended y the administration in 2%$3! The Council, led y Wiltshireand 4alewsi, defeated such a measure!

.ur review of the #inal "eport has een cursory due to the limited time afforded us! We thancouncil memers Wiltshire, 4alewsi, Doherty and "oertson for including us in the review ofthe Draft "eport! 0n retrospect, we would have suggested that we receive testimony at thehearings from other City of Troy 5lanning and Code staff, NYS D.L, NYS D(C and otheroutside agencies on the demolition process and legal re+uirements! We would also havesuggested that we review prior demolitions to ensure that the proper procedures were followed

at those times!


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Recommendations or t*e Demolition o Structures in t*e City o TroyCouncilmembers Kopka and Sullivan-Teta!anuary &"$ "%&'

The City Council held a series of pulic hearings in 2%$3 concerning the demolition of 3*$% 6ing

Street and various structures on the 6ing #uels site in South Troy! The demolition of 2$78 and2$3$ #ifth )venue and the code violations and closure of '$ Third Street were also su9ects ofthe hearings!

We are advancing several recommendations ased on those lengthy hearings and the experttestimony presented&

$! Declaration of emergency demolition0n the event of a fire which damages a structure, the Troy #ire Chief shall e the responsileCity of Troy employee to determine if the structure is unsafe and re+uires immediatedemolition! The Fire Chief shall consult with the City (ngineer if time permits! $2 NYC""5art ':*$$ lists the procedures that must e followed! Deris must e dealt with properly

under the Code as well!

0n the asence of a fire, where a structure is identified y the Code, (ngineering or #ireDepartments as unsafe or a collapse of a portion of the structure has occurred, the City(ngineer shall notify the NYSD.L under NYC"" ':*$$! Compliance with NYC"" 5art ':*$$ for demolition must e adhered to!

2! Demolition of structure ad9acent to occupied uilding0n the event of an emergency demolition of a structure ad9acent to an occupied uilding, the#ire Chief and the City (ngineer shall consult with the appropriate oversight agency for thehealth and safety measures to e taen when the structure is demolished! The demolitioncontractor shall e included in the consultation! Such measures may include the evacuation

and temporary closure of the occupied uilding, ut at a minimum shall include writtennotification to the owner of the occupied uilding of the demolition of the ad9acent vacantstructure! This allows the uilding owner to tae actions such as closing windows, shuttingdown ventilation systems or removing people or property that is outside and exposed!

0n the event of a non*emergency demolition, the owners and occupants of the ad9acentoccupied shall e notified in writing y the 5lanning Department and;or (ngineeringDepartment! The appropriate protocols will e in place according to NYC"" 5art ':*$$!

7! "ole of 5lanning Commission0n the event of an emergency demolition, the owners of the now vacant lot shall, within 'usiness days of demolition, re+uest a meeting with the 5lanning Commission to egin the

process of compliance for the maintenance, securing and landscaping of the vacant parcel!0n the event that the emergency demolition was of a structure located in an historic district,the owners shall, within ' usiness days, re+uest a meeting with the


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3! Tracing of City of Troy Departments of 5ulic Wors and 5ulic 1tilities arricades)ll City of Troy arricades shall e inventoried and coded for tracing! Such may re+uireelectronic devices which the departments may need to ac+uire= purchase of the devices willoccur when funds ecome availale! 0n the asence of electronic monitoring capaility, thedepartments will mae an effort to more carefully account for the storage and placement ofarricades!

'! >eeting with NYS Department of Laor to clarify ?incident command-@uestion $3A of the NYS D.L Buidance Document in "elation to 0ndustrial Code "ule ':addresses removal of asestos in the event of a fire! City of Troy staff from the Code,(ngineering, 5olice and #ire departments should re+uest a meeting with NYS D.L staff toclarify the use of ?incident command- authority!


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Sc*edule o "%&+ ,ublic earings on t*e Demolition o +-&% King Street . /ariousStructures on t*e King 0uels Site

)pril 28 "uss "eevesCharles Casale

)nthony Dawson

/arara Toi

>ay #lora Carr"yan 5restonEac ie Cristo

>ay 28 Eohn TorinoDan DiTonnoDon /oya9ian


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kopka and sullivan-teta statement and recommendations

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