Gloves coming off !! How did Nixon put it .. Public office is a public trust, ... Local level, State level, Federal level .. Barrett street .. Enough is Enough !!!
I'm very serious about moving forward with my lawsuits!! If your gonna keep putting me off on filing a Notice of claim against the city. Please let know so I can proceed elsewhere. Again as we discussed I believe this first filing is Very Important as the First step to exposing my Rights being Violated.. So I can proceed with Possibly other Lawsuits to file and Expose the Wrongdoing and Get my story out!!
We are advised NOT to judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics. Funny how that works.
I was Good enough to be the one to take to court for my WW2 veteran uncles property for abandonment. But not good enough to pay the taxes. Also the tax was paid in full to American Tax Funding/ Optimum Realty on the Seminary place lots. Not in payments like the city lied. Also never got a Appeal date for the Eminent Domain which the city did on the Seminary Place vacant lots with no buildings that I kept mowed and clean that the city called blight..
On orders from City Hall, a tax collector refused to accept tax payments from a deceased owner’s nephew, opening the way for Schenectady officials to sell the property cheaply to a developer.
City officials said the developer could be better trusted to improve the property than the man who tried to pay the tax bill.
“It has been sitting as a blight on the neighborhood for 10 years,” Corporation Counsel L. John Van Norden said.
The city found a development company, 1001 Davis LLC, that would buy the property for $1,000 to $3,000.
But some city council members have expressed grave concerns about taking the property and then selling it cheaply to a developer who wants to replace empty apartment buildings with new apartment buildings.
The taxpayer, David Bianchi, is now alleging in court that the city is trying to steal his uncle’s property.
His unexpected tax payment, which started the court proceedings, got an immediate reaction from tax collection officials at Optimum Realty. The president of the company called an unidentified city official the day after the payment was received, and then ordered a manager to refuse the money.
“I am very sorry for the inconvenience,” wrote Optimum Realty Accounting Manager Megan Booker when she wired the tax payment back, the morning after Bianchi sent in $3,879, the first installment of a payment plan he had negotiated with Optimum. “The president of the company spoke with someone from the City of Schenectady just this morning, and we are not allowed to accept this payment.”
Van Norden said he did not know who might have directed Optimum to refuse the payment.
The properties in question, at the corner of Barrett Street and South Avenue near North Jay Street, take up half a block. The city owns most of the other properties. Selling them as a group to a developer could spark the redevelopment of an entire block.
abandoned buildings
The buildings were abandoned for years before their owner, Angelo Bianchi, died in 2005.
The city could have simply taken the land by having a court declare it abandoned if the taxes weren’t paid, which for many years, they weren’t. Nephew David Bianchi, who owns several apartment buildings in the city, did not try to pay the taxes until four years later.
In the meantime, the tax liens were sold to American Tax Funding, the city’s tax collector. ATF passed Angelo Bianchi’s liens to Optimum Realty along with many others that ATF deemed uncollectable. Then Bianchi said he would pay the debt.
But it’s hard to pay the taxes when you aren’t technically the owner. Bianchi’s elderly mother is Angelo Bianchi’s heir — or would be, if the will were probated. David Bianchi, who is handling the property for her, has no legal standing to sell the land or make any changes to the buildings. He’s also in bankruptcy court, raising the question that he might not be allowed to sell his assets to a developer without permission from a judge, who could make sure the profits go to his creditors.
It is on that argument that the city is trying to stop him from taking control of the property.
Van Norden said Bianchi cannot be allowed to sell the property himself, because the price will be too high.
“The problem is, it’ll scuttle the deal and there will be no development,” Van Norden said, adding that he thinks Bianchi is only interested in the property because he might be able to sell it to the development company, Davis LLC. He noted that Bianchi did nothing for nearly four years after his uncle’s death.
“Then, when Mr. Bianchi decides he’s going to be the wrench in the wheels of development, and seeing dollar signs in his eyes, he comes out of the woodwork and redeems the property,” Van Norden said. “He is himself in bankruptcy. One has to wonder where he’s getting this money. How much does he owe to people tied up with him in bankruptcy court? We’re not going to assist him in defrauding anybody.”
The city hired a bankruptcy law expert to handle the case. She expects to be in court soon to ask for permission to take the properties through eminent domain. The city cannot act without the judge’s approval.
Van Norden thinks the convoluted process will not end quickly.
“This is what happens when someone wants to really slow things up,” he said, stressing that the properties are a blight on the neighborhood. “How much longer do the people have to support these properties? The people have had to live with this blight. The city has started to do something. How much longer do we have to wait?”
Schenectady City Council votes to use eminent domain
Property eyed for apartment project
By Kathleen Moore June 14, 2011
A deceased man’s property will be taken by the city and sold to a developer who plans to build apartments in the Little Italy section of Schenectady, the City Council decided Monday.
The council voted 6-1, with Councilman Joseph Allen the only dissenting voice.
For a year, Allen has opposed the Barrett Street plan on the grounds that eminent domain should not be used for this type of development, where one private owner benefits while another owner loses.
Eminent domain is often used to buy land for highways, sewers and other public property. But in some instances it can legally be used to force an owner to sell property that will be turned over to a developer.
“I have a concern about this eminent domain. This is supposed to be beneficial to cities, schools, counties and other local agencies,” Allen said. “I haven’t heard anything with regards to these properties that’s going to benefit any school, city, county.”
Corporation Counsel L. John Van Norden argued that it would, partly because the developer would pay taxes.
“Taxes have built up and not been paid,” he said, not mentioning that a nephew of the deceased owner tried to pay some of the taxes and had his payment rejected because the city wanted to take the properties through eminent domain.
The nephew, David Bianchi, was not present at Monday’s meeting. But he has shouted at the council repeatedly at previous meetings, including last Monday’s committee meeting, where he accused the city of stealing his property from him. There are five properties, primarily vacant land, near North Jay Street.
Van Norden also argued that the project would be beneficial to the city because it would remove “derelict properties.”
“It will have commercial development in a blighted area of the city,” he said.
Councilwoman Denise Brucker agreed, calling it a good “investment” for the city.
“It will create livable conditions for folks to move into,” she said. “Almost a year ago today, there was a public hearing held. There was only one person [who spoke]. We have looked at this really carefully.”
The city will buy the land at market value, but it won’t be purchased from Bianchi.
His mother is the prospective owner, but his uncle’s will has never been probated, so no one living currently owns the land.
In other business, the council officially asked the state for permission to stop paying the school district for taxes that property owners failed to pay.
We are advised NOT to judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics. Funny how that works.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
First the threat from Attorney Bob Stoddard in front of my Attorney Glen Brownell. "Do I want to sell my Uncle's property on Barrett Street and Seminary Place? My reply, "No, My Mom and I have 17 apartments on Barrett Street along with my Uncle's property and have future plans for my Uncle's property." Then Bob Stoddard's replied, "Then We will just go through the city and make You sell ! " Soon after that was a posted notice for Abandonement on 1127 Barrett Street without any building inspectors ever entering the building. One hour after the building was posted. Early the same day I found the notice and immediatly went to City hall. It was then I was told from the building departments legal advisor Elisa Wickman that it must be about the Taxes to the City being over one year due. That I should talk to the Tax department to find out exactly what is owed. The Tax department lady at City hall told me that," I first had to pay or make agreement with American Tax Funding." Which ATF bought Tax liens from the city and charged 24% per year interest, but gave the Tax payers more time to pay the Taxes without foreclosing. I immediately called ATF/Optimum Realty and payed in full with contract on the vacant lots at 104,106,108,110,112 Seminary Place, also 1162 Barrett Street. I also made a payment agreement and first payment with contract on 1127 Barrett Street. When I went back to City hall to pay the current Taxes. I was told by the Tax department that they recieved a call from the legal department at the Mayors office not to accept any payment from me. That I would have to go talk to the legal department at the Mayor's office. The lady in the the Tax department stated, "In her 35 years of working in the Tax department that she has never seen Taxes refused before." I immediatly went to the legal department. The city Attorney told me, "The City didn't have to accept payment from me because the liens with ATF had to be dealt with first." I told the City Attorney, "That I payed the vacant lots in full and made a deal with ATF for payments on the house at 1127 Barrett Street." The City Attorney then said "We will see about that!" That's when someone from The City called The President of American Tax Funding/Optimum Realty and Ordered the tax lien company to cancel the deal they made with me and send my payments back. As stated in the emails from ATF/Optimum Realty to me. I also filed a Freedom of Information act on when The City of Schenectady has ever refused Taxes and I never recieved a reply. Soon after, There was a Abandonement trial for my Uncle's property at 1127 Barrett Street that had a house on it. I was the one brought to court at Schenectady County court. For my WW2 deceased Uncle's property that was willed to my Mom. My Mom lived in the state of Florida at that time and I had Power of Attorney for my Mom. The Abandonment trial was stopped half way through to make sure I was Good enough for the one to bring to trial. Then continued after the proper Power of Attorney paper was produced by my Attorney Glen Brownell. Immediatly after the Abandonment trial, I was asked by Attorney Guila Moses, that represented the City at the Abandonement trial, "If now I wanted to sell the rest of my Uncle's vacant lots on Barrett Street and Seminary Place?" I replied, "No." Again I was told "Then We will just go through The City and make You sell them too." Then, The City did Eminent Domain on the vacant lots with no buildings, in which they called blight. In which I kept mowed and cleaned for close to 30 years. Also which The City stating the Taxes haven't been paid in years. Not mentioning at the time when I tryed to pay the Taxes but was Wrongfully refused. Also never getting a Appeal date for the Eminent Domain in which I repeatedly asked for. Also, The Power of Attorney papers that were produced at the Abandonment trial for 1127 Barrett Street, County Court. That should be on file, have not been able to be found. In which either that makes The Abandonment trial of 1127 Barrett Street invalid, or I have the right not only to sue on my behalf for the Tax lien contracts for being in my name and also stating Owner of Taxpayer. To sue for Constitutional Rights being violated, Defamation, and Negligence against the city. But also my mother's rights being violated.
My Lawyer promises to file Notice of Claim soon. Crossing fingers..
Gotta tell You, it's not easy because the Powers involved. But I will never give up with Property Rights and Due Process..
Just the latest related stories in newspaper to Barrett Street and Seminary Place..
The Live In Schenectady project previously on the agenda was pulled from the meeting.
David Buicko, CEO of the Galesi Group, said he decided to wait so engineers can provide more specific information in the application.
Live In Schenectady includes a group of 15 investors, including Buicko, who are planning to build 10 homes in the first phase of the development, for a total of $1.5 million, and 15 homes in the second phase.
The project will come before the Planning Commission during a special meeting next Wednesday at 6:30 p.m. at Schenectady City Hall.
Reach Gazette reporter Haley Viccaro at 395-3114, hviccaro@dailygazette.net or @HRViccaro on Twitter.
After reading your post, it is apparent that the city of schenectady thinks this is a DONE DEAL with these folks from the friends and family club.
I really don't know if a municipality has the legal right to refuse tax payments.....i'm sure your attorney knows for sure.
I would suggest to the powers that be in the city of schenectady....that before they hand property over to the friends and family club, they start checking on slum lord properties that are housing drug dealers/addicts and are w-a-y out of code.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
After reading your post, it is apparent that the city of schenectady thinks this is a DONE DEAL with these folks from the friends and family club.
I really don't know if a municipality has the legal right to refuse tax payments.....i'm sure your attorney knows for sure.
I would suggest to the powers that be in the city of schenectady....that before they hand property over to the friends and family club, they start checking on slum lord properties that are housing drug dealers/addicts and are w-a-y out of code.
I remember back in the early 90's. My Dad was alive and we were doing a electric service change, (fuses to circuit breakers) for Kenny Thomkins/Bob St. Andrews, (Extreme Heating, back then Action Heating and Cooling) corner of Park Place and Huron Street. Where the Union College walk way is now to the college dorm.( the old Ramada Inn). So right after Ken and Bob were upgrading the electric and fixing up the apartments they had there. They had 3 or 4 buildings in a row in that spot. So Kenny was telling me that Union college wanted to buy their buildings. I seen Apartments then as future income. I told Kenny that I wouldn't sell to them. He told me, " if he didn't that Union would just take them." He wasn't kidding, and I guess he knew his stuff. Also Frank from The Violin shop. ( Former Di Cocco's luncheonette) and before it was Di Cocco's it was Angelo's tavern that my Uncle Angelo owned that he bought after coming home from serving in WW2. Way back in like late 40's. My Uncle used to show me pictures. So back in like 2005, Frank from The Violin shop tells me that Steve Strichman (city worker in the development department,) came into his store to pick up a violin that he had serviced. So from what Frank told me the Seminary Place vacant lots were brought up. In which I used to see Frank all the time, me being on Barrett so much. So Frank tells me he stated that Bianchi owns those lots and that land has been in his family a long time and probably doesn't want to sell. that then according to what I was told that Strichman tells him, " No, The City is gonna take them." I was younger then and didn't believe that was possible. To the names I brought up, they know I speak the truth.. As to investing in Schenectady. My family and I invested much into the city and Barrett street. In the early 90's while everyone else was running from Schenectady. Being a Electrician, I used to come across many builders and land owners. The builders used to laugh at me for investing in the city and would tell me that I should be investing in Rotterdam, Scotia, Guilderland. I believed in investing in Schenectady then.. Looking back now. It's not the violence so much in the low income areas. As much as it is The Politicians that act like they care. But take their orders from the well to do on what areas in the city matter and to who.. To any that have served in the military or have loved one's that serve risking their lives. With local government like this I would really debate serving this country to protect Freedom. I don't expect to win at this point. Between what I have experienced with overall the Lawyers and Government serving the Wealthy. All I can really do is tell my story with witnesses and with most of the paperwork to prove. To educate the things they don't teach You in school..
First the threat from Attorney Bob Stoddard in front of my Attorney Glen Brownell. "Do I want to sell my Uncle's property on Barrett Street and Seminary Place? My reply, "No, My Mom and I have 17 apartments on Barrett Street along with my Uncle's property and have future plans for my Uncle's property." Then Bob Stoddard's replied, "Then We will just go through the city and make You sell ! "
Soon after that was a posted notice for Abandonement on 1127 Barrett Street without any building inspectors ever entering the building. One hour after the building was posted. Early the same day I found the notice and immediatly went to City hall. It was then I was told from the building departments legal advisor Elisa Wickman that it must be about the Taxes to the City being over one year due. That I should talk to the Tax department to find out exactly what is owed. The Tax department lady at City hall told me that," I first had to pay or make agreement with American Tax Funding." Which ATF bought Tax liens from the city and charged 24% per year interest, but gave the Tax payers more time to pay the Taxes without foreclosing.
I immediately called ATF/Optimum Realty and payed in full with contract on the vacant lots at 104,106,108,110,112 Seminary Place, also 1162 Barrett Street. I also made a payment agreement and first payment with contract on 1127 Barrett Street.
When I went back to City hall to pay the current Taxes. I was told by the Tax department that they recieved a call from the legal department at the Mayors office not to accept any payment from me. That I would have to go talk to the legal department at the Mayor's office. The lady in the the Tax department stated, "In her 35 years of working in the Tax department that she has never seen Taxes refused before." I immediatly went to the legal department. The city Attorney told me, "The City didn't have to accept payment from me because the liens with ATF had to be dealt with first." I told the City Attorney, "That I payed the vacant lots in full and made a deal with ATF for payments on the house at 1127 Barrett Street." The City Attorney then said "We will see about that!" That's when someone from The City called The President of American Tax Funding/Optimum Realty and Ordered the tax lien company to cancel the deal they made with me and send my payments back. As stated in the emails from ATF/Optimum Realty to me. I also filed a Freedom of Information act on when The City of Schenectady has ever refused Taxes and I never recieved a reply.
Soon after, There was a Abandonement trial for my Uncle's property at 1127 Barrett Street that had a house on it. I was the one brought to court at Schenectady County court. For my WW2 deceased Uncle's property that was willed to my Mom. My Mom lived in the state of Florida at that time and I had Power of Attorney for my Mom. The Abandonment trial was stopped half way through to make sure I was Good enough for the one to bring to trial. Then continued after the proper Power of Attorney paper was produced by my Attorney Glen Brownell. Immediatly after the Abandonment trial, I was asked by Attorney Guila Moses, that represented the City at the Abandonement trial, "If now I wanted to sell the rest of my Uncle's vacant lots on Barrett Street and Seminary Place?" I replied, "No." Again I was told "Then We will just go through The City and make You sell them too."
Then, The City did Eminent Domain on the vacant lots with no buildings, in which they called blight. In which I kept mowed and cleaned for close to 30 years. Also which The City stating the Taxes haven't been paid in years. Not mentioning at the time when I tryed to pay the Taxes but was Wrongfully refused. Also never getting a Appeal date for the Eminent Domain in which I repeatedly asked for.
Also, The Power of Attorney papers that were produced at the Abandonment trial for 1127 Barrett Street, County Court. That should be on file, have not been able to be found. In which either that makes The Abandonment trial of 1127 Barrett Street invalid, or I have the right not only to sue on my behalf for the Tax lien contracts for being in my name and also stating Owner of Taxpayer. To sue for Constitutional Rights being violated, Defamation, and Negligence against the city. But also my mother's rights being violated.
My Lawyer promises to file Notice of Claim soon. Crossing fingers..
Gotta tell You, it's not easy because the Powers involved. But I will never give up with Property Rights and Due Process..
Just the latest related stories in newspaper to Barrett Street and Seminary Place..
The Live In Schenectady project previously on the agenda was pulled from the meeting.
David Buicko, CEO of the Galesi Group, said he decided to wait so engineers can provide more specific information in the application.
Live In Schenectady includes a group of 15 investors, including Buicko, who are planning to build 10 homes in the first phase of the development, for a total of $1.5 million, and 15 homes in the second phase.
The project will come before the Planning Commission during a special meeting next Wednesday at 6:30 p.m. at Schenectady City Hall.
Reach Gazette reporter Haley Viccaro at 395-3114, hviccaro@dailygazette.net or @HRViccaro on Twitter.
"Approval ratings go up and down for various reasons... An example is the high post 911 support for GWB even though he could be said to be responsible for the event." --- Box A Rox '9/11 Truther'
Melania is a bimbo... she is there to look at, not to listen to. --- Box A Rox and his 'War on Women'
I was cleaning the van a couple of days ago. I came across a back up power that was sent to glen and myself the same time and same day/ time notarized from my Mom in Florida thirteen years ago. It was back up for me over mom's real estate should I be jailed or unable to be available, always with glen understanding that to follow any instructions from me on moms real estate owning. Along with the one that was produced in supreme court for the abandonment trial for my uncle Angelo's property at 1127 Barrett street. Also to where glen never filed for a Appeal date for the eminent domain of the vacant lots on Barrett and Seminary place. Also in which I so far can not find the copy of my mom's will, but it was sent to glen same time as power of attorneys. Also between the back up power of attorney to glen that I have brought up to glen of him being appointed and notarized glen has denied ever existing.
With this back up power of attorney my mom should of never been appointed a power of attorney by the court. Also between the poa and the health care proxy in my name and a back up in my cousin Annette name show that my mom had people she designated to care of her affairs. Unlike the Fulton county judge Guardino said that he was under the impression of when making his decision. Also in which glen boasted of going to law school with judge.
Glen gets a big F !! I don't want to hurt him because the city started this mess and violating the rules and constitutional rights of owning property. Also which led to my mom's wishes for whom she appointed to make decisions for her care.
I have appointment with glen Tuesday. I so much want to forward this message to glen and also put in on net..
Also thinking commission on judicial conduct and the bar association.
Appointment with Glen was at 1130 am Tuesday, yesterday. His secretary called me at 1045 am yesterday to tell me glen was running extremely late(her words). She rescheduled appointment for next Tuesday even as I asked if anything sooner because time is of the essence with my Mom's house being auctioned in two weeks and that with back up power of attorney in Glen's name that possibly he could file something to put off auction with the showing that he was previously appointed by mom,notarized power of attorney back up to handle mom's real estate affairs. I was thinking like maybe reverse mortgage or short sale. Also for him to apply to court for him and or myself with the abandonment trial decision and previous showing that I was appointed then at the abandonment trial for uncles house as in the court decision shows my appearance. In the abandonment trial decision doesn't specifically speak of my power of attorney or glens. Does show my mother wasn't present meaning that she appointed someone or she was ( properly )? Notified, summoned ,in paper in legal section for three weeks? Plus the actual court abstract would show that the trial was stopped half way through and resumed. To where the power of attorney was produced with Mom giving me power of attorney .
Either way with the newly found back up power of attorney in Glen's name. Again shows Mom's had people she designated to help handle her affairs long before any signs of dementia were present or diagnosed.
Also with the possibility of since Glen just recently (approx. last month). when I met with him specifically about filing a notice of claim in Fed. Court against the city. That he has previously promised, repeatedly stated that he is working on it. But at my last meeting with him stated that he had had a change of thought to where he could get in trouble for just filing in Fed. court for false pretenses? As also I could get in trouble for just filing a notice of claim? Even with my questioning of why would we get in trouble for just filing? Wouldn't the worse case scenario that could happen that it just be dismissed? Glen also stated at our last meeting then that only my Mom could prove damages, not I.
I also asked Glen's secretary yesterday as she was rescheduling appointment if Glen had Malpractice Insurance? She said she did not know. Hard to say, but seemed a little odd with her not knowing if Glen had insurance since she has been Glen's secretary for close to the last ten years.
At this point there does not to seem to be any winning for Mom or myself. Especially when Mom was committed against her will. When the Fulton county judge making his decision to commit her with the judge stating he was under the impression that Mom was on her own and had no one helping her or that she had not appointed any. Which was not the case. That Mom was checked on daily by my cousin Annette and myself. Also Mom was living at Annie Schaffer apartments on Nott terrace that had weekly visits from a doctor at the apartments for the elderly there that had no reported problems with Mom living there or needing any further assistance for her to continue with her independence . In which if needed Mom was welcome to live with me if needed. Which was Mom's wishes if need be.
Again, there is no winning at this point. I am just passing on my story to hopefully help let this not happen to others. Even with a longtime (Trusted)? family attorney. And Constitutional rights.. ??
Again, there is no winning at this point. I am just passing on my story to hopefully help let this not happen to others. Even with a longtime (Trusted)? family attorney. And Constitutional rights.. ??
the words 'trusted' and 'constitutional' don't exist anymore! not in Schenectady....or anywhere else.
sorry for your trouble tho.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
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