The Cayuga County Legislature's Public Works Committee received a routine update during its January 2006 meeting about a boiler problem at the county Board of Elections building.
Jason Rearick / The Citizen
The county Board of Elections' office on Court Street may not be open for the November elections because of the asbestos removal work.
The county Board of Elections' office on Court Street may not be open for the November elections because of the asbestos removal work.
The furnace had caught fire and been temporarily repaired, but it would need to be replaced. Nothing would happen for a month, but then a routine inspection turned up a carbon monoxide leak. The replacement work had to happen fast, and it did.
But now, nearly seven months later, the BOE boiler replacement has spiraled into a potential financial and legal disaster for the county, a situation one lawmaker last week described as “heartbreaking.” The failure to properly remove asbestos as part of the boiler project has lead to a state and federal investigation into the county's practices, and sparked nearly two dozen legal claims.
So far, most county lawmakers have refused to talk. Investigators, meanwhile, are trying to determine why county employees and members of the public were exposed to asbestos for seven months without notice.
“People go to prison over this,” said Dennis Sedor, democratic commissioner for the Board of Elections. “We need to know the scope of this coverup. It has to stop.”
State and federal officials began investigating possible illegal removal of asbestos from county-owned buildings at the end of July. County employees, a local lawyer representing 22 claimants against the county and the public are eagerly waiting for the results.
Meanwhile, the county Legislature is focusing its attention on abatement of asbestos from the Board of Elections and Records Retention facilities, both on Court Street, and the Buildings and Grounds Office in the basement of the Old Post Office on Genesee Street.
Although the county has been quick to remediate the situation, officials have been slow to explain when the county knew its workers and public were exposed to asbestos and who was involved.
Interviews, a review of Legislature committee meeting minutes and legally obtained documents from the time the old boiler was removed and replaced in the BOE basement raise serious questions about what happened and who may have been involved.
The boiler removal
On July 21, the state Department of Labor launched its probe into the BOE building and issued the county with a citation three days later.
According to the citation, employees of the county removed a boiler and related piping from the BOE basement's boiler and utility room. Material was brought to the garage and later disposed of, according to the citation. Asbestos debris was found on the boiler room floor, utility room shelves and garage floor.
Initially, according to Public Works Committee meeting minutes from January 2006, the boiler in the BOE caught fire and melted controls. John Chick, a county buildings and grounds employee, repaired it temporarily but noted that it needed replacement.
A resolution to repair and replace the boiler slowly began moving through county committees for eventual approval by the Legislature on Feb. 28. No work had been completed on the boiler after Chick's temporary repairs until a NYSEG employee shut down the boiler Feb. 14, 2006 for a possibly blocked chimney and carbon monoxide dumping into the boiler and basement.
One BOE employee had been complaining of headaches before the building tested at high levels for carbon monoxide, Sedor said. When the county received the NYSEG citation, Legislature Chairman George Fearon let the employees go home, Sedor said.
“George Fearon came over and made this his pet project,” Sedor said. “George took the bull by its horn.”
County legislator Ann Petrus, who has been appointed the Legislature's spokeswoman on the issue, said Fearon only went into the BOE basement one time after the boiler fire to give some recommendations about what to do. Petrus thought Chick had been on vacation at the time. The next time Fearon went into the basement was after the boiler had already been removed and replaced with a new one, Petrus said.
Fearon would not comment on the situation and referred all questions to Petrus.
Auburn Attorney Carl DePalma, representing 22 claimants who have filed notices of claims against the county, said multiple people were involved with supervising this project, but said he could not give further information.
Although Sedor explained that he was away on vacation the day the boiler was shut down, he said elections employees were not informed of too much and never heard about asbestos.
Sedor, while saying he could not say much publicly because of the pending investigation, believes at least Fearon and Chick have known about the asbestos since February. Chick has also declined to comment.
It also appears the boiler replacement work, possibly because it was an emergency situation, was done without any prior Legislature approval.
The Feb. 28 county Legislature resolution written by Legislators Steve Cuddeback, R-Moravia and David Pappert, R-Auburn, was replaced by an emergency authorization for austerity spending to replace the boiler that same day, but invoices show work was done prior to that. Legislators did not approve an actual resolution to remove and replace the boiler until March 28.
Invoices for the project show that $9,567.83 was spent purchasing equipment and materials needed for the replacement before an emergency austerity spending resolution and a Legislature resolution were signed.
Jim Orman, county treasurer, explained that state law allows spending to be done before resolutions are signed when it is a situation that can affect the health and safety of the public.
“It's my understanding Mr. Fearon knew right away and decided the course of action. It's certain some county employees had to know,” Sedor said. “The information was passed up the line but should have been disseminated to us. If the information wasn't passed up the line, Fearon didn't disclose the information on time.”
Fearon has said he did not know about the asbestos until June, Sedor said.
But Anthony Garropy, a former county employee involved in the project who has filed a claim against the county, told DePalma, his attorney, that he removed and handled asbestos around the time the boiler was removed.
Garropy claims that the reason he was fired was because he complained to other employees about removing asbestos without proper protective gear, DePalma said.
“Garropy suspected asbestos right from the get-go,” DePalma said.
According to his claim, he removed, handled and disposed of hazardous materials at the Auburn landfill under protest.
John Montgomery, of Auburn, an employee of the Auburn Landfill who filed a notice of claim through DePalma on Sept. 13, told DePalma that he thought it was odd how hurried employees seemed to be when dumping waste.
Sedor explained that within the county, employees have known about the existence of asbestos in buildings since the county replaced the County Office Building roof in 2002 and ended up removing asbestos that was found underneath it.
Boiler removal guidelines clear
If county officials didn't know about asbestos at the time of the boiler project, they should have been testing for it, labor department officials said.
Labor department citations show that the county employees failed to follow a department code when they did not obtain required asbestos sampling at the time of the boiler removal.
According to a state Department of Labor official, county employees should have had the boiler and its remains inspected for asbestos when it was removed in February.
“When removing a boiler if there is reason to be asbestos, they should contact the state Department of Labor,” said Chris Perham, of the labor department's Albany district.
A Labor Department regulation for “Building/Structure Remodeling and Repairs” states that asbestos surveying is required when portions of a building need repair. According to the county's citation, the boiler and piping weren't sampled for asbestos before removal, nor was air monitoring conducted.
“Generally it is required for businesses or large institutions to contact a state Labor Department to request an inspector to check for asbestos,” Perham said.
Asbestos is most commonly used in schools and buildings in floor and ceiling tile and for pipe and boiler insulation, according to an Environmental Protection Agency Web site.
EPA requires asbestos removal in order to prevent public exposure to it. Although EPA does not require removal, according to the Web site, when a pipe or boiler insulation is damaged beyond repair it is generally appropriate to survey for and remove asbestos if needed.
After the March 28 Legislature approval of the project, county meeting agendas and minutes do not mention the BOE boiler for several months. BOE employees heard of no further problem with the boiler nor any mention of asbestos until a meeting called by Fearon on July 26, Sedor said.
“The first time we heard anything was the day an emergency employee meeting was held,” Sedor said. “Fearon then told us he knew about this for a month. But it's clear that the chairman knew and it's inexcusable not to get the information to us.”
County's now moving quickly
Since federal and state agencies began investigating the county's actions regarding potential illegal asbestos removal, county officials have moved rapidly to make changes.
Two weeks following the July 26 meeting, the county hired an asbestos surveying company to investigate the extent of asbestos exposure, an act that should have been completed when the boiler was removed.
On Aug. 11, county officials closed the BOE building due to positive asbestos testing and employees have not been back since. They are now working in the County Office Building.
County legislators then formed an Investigative and Coordination Committee to relieve the pressures on Fearon and County Attorney Fred Westphal. Petrus, R-Brutus, was appointed as spokeswoman for the matter.
One month after the news became public, the county hired an asbestos abatement company to remove asbestos from the BOE and cited locations. The first phase was completed Sept. 15.
Legislative resolutions show that the county has already racked up about $134,000 in bills on asbestos abatement and removal.
DePalma has not heard any response back from the county regarding the notices of claims. County officials will next meet with the claimants to discuss their claims.
DePalma said he knew of five state and federal agencies investigating the county's actions including the Department of Labor, Department of Environmental Conservation, Environmental Protection Agency and both state and federal attorney general offices.
A Department of Labor official said their investigation could be completed by the end of September or early October.
“The agencies are not taking the situation lightly,” DePalma said. “Someone will go to jail for this.”
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
But now, nearly seven months later, the BOE boiler replacement has spiraled into a potential financial and legal disaster for the county, a situation one lawmaker last week described as “heartbreaking.” The failure to properly remove asbestos as part of the boiler project has lead to a state and federal investigation into the county's practices, and sparked nearly two dozen legal claims.
So far, most county lawmakers have refused to talk. Investigators, meanwhile, are trying to determine why county employees and members of the public were exposed to asbestos for seven months without notice.
“People go to prison over this,” said Dennis Sedor, democratic commissioner for the Board of Elections. “We need to know the scope of this coverup. It has to stop.”
State and federal officials began investigating possible illegal removal of asbestos from county-owned buildings at the end of July. County employees, a local lawyer representing 22 claimants against the county and the public are eagerly waiting for the results.
Meanwhile, the county Legislature is focusing its attention on abatement of asbestos from the Board of Elections and Records Retention facilities, both on Court Street, and the Buildings and Grounds Office in the basement of the Old Post Office on Genesee Street.
Although the county has been quick to remediate the situation, officials have been slow to explain when the county knew its workers and public were exposed to asbestos and who was involved.
Interviews, a review of Legislature committee meeting minutes and legally obtained documents from the time the old boiler was removed and replaced in the BOE basement raise serious questions about what happened and who may have been involved.
The boiler removal
On July 21, the state Department of Labor launched its probe into the BOE building and issued the county with a citation three days later.
According to the citation, employees of the county removed a boiler and related piping from the BOE basement's boiler and utility room. Material was brought to the garage and later disposed of, according to the citation. Asbestos debris was found on the boiler room floor, utility room shelves and garage floor.
Initially, according to Public Works Committee meeting minutes from January 2006, the boiler in the BOE caught fire and melted controls. John Chick, a county buildings and grounds employee, repaired it temporarily but noted that it needed replacement.
A resolution to repair and replace the boiler slowly began moving through county committees for eventual approval by the Legislature on Feb. 28. No work had been completed on the boiler after Chick's temporary repairs until a NYSEG employee shut down the boiler Feb. 14, 2006 for a possibly blocked chimney and carbon monoxide dumping into the boiler and basement.
One BOE employee had been complaining of headaches before the building tested at high levels for carbon monoxide, Sedor said. When the county received the NYSEG citation, Legislature Chairman George Fearon let the employees go home, Sedor said.
“George Fearon came over and made this his pet project,” Sedor said. “George took the bull by its horn.”
County legislator Ann Petrus, who has been appointed the Legislature's spokeswoman on the issue, said Fearon only went into the BOE basement one time after the boiler fire to give some recommendations about what to do. Petrus thought Chick had been on vacation at the time. The next time Fearon went into the basement was after the boiler had already been removed and replaced with a new one, Petrus said.
Fearon would not comment on the situation and referred all questions to Petrus.
Auburn Attorney Carl DePalma, representing 22 claimants who have filed notices of claims against the county, said multiple people were involved with supervising this project, but said he could not give further information.
Although Sedor explained that he was away on vacation the day the boiler was shut down, he said elections employees were not informed of too much and never heard about asbestos.
Sedor, while saying he could not say much publicly because of the pending investigation, believes at least Fearon and Chick have known about the asbestos since February. Chick has also declined to comment.
It also appears the boiler replacement work, possibly because it was an emergency situation, was done without any prior Legislature approval.
The Feb. 28 county Legislature resolution written by Legislators Steve Cuddeback, R-Moravia and David Pappert, R-Auburn, was replaced by an emergency authorization for austerity spending to replace the boiler that same day, but invoices show work was done prior to that. Legislators did not approve an actual resolution to remove and replace the boiler until March 28.
Invoices for the project show that $9,567.83 was spent purchasing equipment and materials needed for the replacement before an emergency austerity spending resolution and a Legislature resolution were signed.
Jim Orman, county treasurer, explained that state law allows spending to be done before resolutions are signed when it is a situation that can affect the health and safety of the public.
“It's my understanding Mr. Fearon knew right away and decided the course of action. It's certain some county employees had to know,” Sedor said. “The information was passed up the line but should have been disseminated to us. If the information wasn't passed up the line, Fearon didn't disclose the information on time.”
Fearon has said he did not know about the asbestos until June, Sedor said.
But Anthony Garropy, a former county employee involved in the project who has filed a claim against the county, told DePalma, his attorney, that he removed and handled asbestos around the time the boiler was removed.
Garropy claims that the reason he was fired was because he complained to other employees about removing asbestos without proper protective gear, DePalma said.
“Garropy suspected asbestos right from the get-go,” DePalma said.
According to his claim, he removed, handled and disposed of hazardous materials at the Auburn landfill under protest.
John Montgomery, of Auburn, an employee of the Auburn Landfill who filed a notice of claim through DePalma on Sept. 13, told DePalma that he thought it was odd how hurried employees seemed to be when dumping waste.
Sedor explained that within the county, employees have known about the existence of asbestos in buildings since the county replaced the County Office Building roof in 2002 and ended up removing asbestos that was found underneath it.
Boiler removal guidelines clear
If county officials didn't know about asbestos at the time of the boiler project, they should have been testing for it, labor department officials said.
Labor department citations show that the county employees failed to follow a department code when they did not obtain required asbestos sampling at the time of the boiler removal.
According to a state Department of Labor official, county employees should have had the boiler and its remains inspected for asbestos when it was removed in February.
“When removing a boiler if there is reason to be asbestos, they should contact the state Department of Labor,” said Chris Perham, of the labor department's Albany district.
A Labor Department regulation for “Building/Structure Remodeling and Repairs” states that asbestos surveying is required when portions of a building need repair. According to the county's citation, the boiler and piping weren't sampled for asbestos before removal, nor was air monitoring conducted.
“Generally it is required for businesses or large institutions to contact a state Labor Department to request an inspector to check for asbestos,” Perham said.
Asbestos is most commonly used in schools and buildings in floor and ceiling tile and for pipe and boiler insulation, according to an Environmental Protection Agency Web site.
EPA requires asbestos removal in order to prevent public exposure to it. Although EPA does not require removal, according to the Web site, when a pipe or boiler insulation is damaged beyond repair it is generally appropriate to survey for and remove asbestos if needed.
After the March 28 Legislature approval of the project, county meeting agendas and minutes do not mention the BOE boiler for several months. BOE employees heard of no further problem with the boiler nor any mention of asbestos until a meeting called by Fearon on July 26, Sedor said.
“The first time we heard anything was the day an emergency employee meeting was held,” Sedor said. “Fearon then told us he knew about this for a month. But it's clear that the chairman knew and it's inexcusable not to get the information to us.”
County's now moving quickly
Since federal and state agencies began investigating the county's actions regarding potential illegal asbestos removal, county officials have moved rapidly to make changes.
Two weeks following the July 26 meeting, the county hired an asbestos surveying company to investigate the extent of asbestos exposure, an act that should have been completed when the boiler was removed.
On Aug. 11, county officials closed the BOE building due to positive asbestos testing and employees have not been back since. They are now working in the County Office Building.
County legislators then formed an Investigative and Coordination Committee to relieve the pressures on Fearon and County Attorney Fred Westphal. Petrus, R-Brutus, was appointed as spokeswoman for the matter.
One month after the news became public, the county hired an asbestos abatement company to remove asbestos from the BOE and cited locations. The first phase was completed Sept. 15.
Legislative resolutions show that the county has already racked up about $134,000 in bills on asbestos abatement and removal.
DePalma has not heard any response back from the county regarding the notices of claims. County officials will next meet with the claimants to discuss their claims.
DePalma said he knew of five state and federal agencies investigating the county's actions including the Department of Labor, Department of Environmental Conservation, Environmental Protection Agency and both state and federal attorney general offices.
A Department of Labor official said their investigation could be completed by the end of September or early October.
“The agencies are not taking the situation lightly,” DePalma said. “Someone will go to jail for this.”
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
The Citizens' Say
There are 2 comment(s)
been there wrote on Sep 17, 2006 11:09 PM:
arthur wrote on Sep 17, 2006 10:28 AM: