11/26/18 Communication Regarding City of Ithaca's Reported Failure to Enforce Property Maintenance Ordinance Requirements

Subject: Re: Old Library Demolition: An update
Date: Mon, 26 Nov 2018 22:30:30 -0500
From: Walter Hang
To: Mike Niechwiadowicz , Svante Myrick
CC: J

Greetings:

I read troubling news reported today about the City of Ithaca's alleged failure to enforce its building code requirements at an apartment house not far from where I live.

See: Cornell Student Abandons House, Sleeps in Library After Months-Long Dispute With Landlord

A student who reportedly endured months of living in an apartment that did not comply with code requirements stated, "Right now we’re at the point that we have no faith in the building department... (emphasis added)"

With all respect, please explain why the City of Ithaca Director of Code Enforcement reportedly failed to enforce building code requirements in this matter.

These horrific housing complaints coincided almost exactly with intense citizen concerns regarding the City's failure to enforce property maintenance code requirements at the former Tompkins County Abandoned Library as well as to issue an evidently improper condemnation of the structure.

See: Former Tompkins County Public Library Asbestos Clean Up Campaign

As a result, the City effectively approved an improper variance to a state-mandated comprehensive asbestos abatement prior to demolition of the library.

I believe both of these two above-referenced matters document the City's failure to enforce building code requirements. I do not understand why that problem has not been resolved.

Finally, after reading Mr. Niechwiadowicz's observation that he had "been with the City of Ithaca for almost 30 years," I was reminded that the City had utterly failed to enforce property maintenance code requirements circa 1998 at the abandoned Ithaca Gun Factory even though I repeatedly warned that the facility was a highly toxic contaminated attractive nuisance. Then the factory caught fire.

Ithaca Gun pollution

For all these well-documented reasons, I am more concerned than ever about the City of Ithaca's on-going failure to enforce building code ordinances as well as to safeguard public health from documented toxic site contamination hazards at the abandoned Tompkins County Public Library, Ithaca Gun/Ithaca Falls Island Overlook/Ithaca Falls, Morse Chain, Nate's Floral Estates and West Court Street to name some of the most egregious toxic fiascos that I can quickly recall off the top of my head.

With due respect, I believe comprehensive changes are clearly warranted in the way that the City of Ithaca administratively manages building code enforcement. I believe the current administration obviously should have resolved these problems long ago.

Until these regulatory enforcement problems are comprehensively resolved, I do not believe that the abandoned Tompkins County Public Library should be permitted to be demolished unless all asbestos containing materials have been completely removed.

Best,

Walter Hang

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On 11/24/2018 1:50 PM, Mike Niechwiadowicz wrote:

Good Afternoon Everyone,

I have been with the City of Ithaca for almost 30 years and I have never had to write an email such as this one but Ms. Kramer has forced my hand. I must make it clear that I did not make the statements that Ms. Kramer attributed to me in her email. Those are her words and not mine. Some of the statements she attributed to me even contradict what I stated at the public meeting the evening of November 8th. I stand by what I said at that public meeting. Ms. Kramer attributing statements to me that I did not make is not only unacceptable, it is wrong.

I also want to take this opportunity to say thank you to all of you that have expressed your points of view that differ from mine, that have disagreed with my position and that have criticized me in an honest and respectful manner. It is important to me that you do so. Anyone that knows me knows that I encourage people to express opposing points of view; I believe it strengthens the end result. Dishonesty, insults and demeaning comments are a form of bullying and not the way to fight for what you believe. So once again thank you to all of you that choose honesty and respect over dishonesty. I pledge to always listen to you and do my best, within my legal limitations, to look out for your safety.

Sincerely

Mike

Michael Niechwiadowicz
Director of Code Enforcement
Building Division
City Hall 4th Floor
108 East Green Street
Ithaca, New York 14850
Phone: (607) 274-6508

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From: Walter Hang [walter@toxicstargeting.com]
Sent: Friday, November 23, 2018 3:41 PM
To: Svante Myrick
Cc: Joseph Murtagh; Susan Attwood; mal64@cornell.edu; ap44@cornell.edu; andrew@chiangobrien.com; Anna Kelles; carenrubin@gmail.com; Christine O'Malley; David Kramer; dwsfingerlakes@me.com; Ducson Nguyen; Jane-Marie Law; Jennifer Birnbaum; Laura Lewis; lindajaffe@gmail.com; Patti Jacobson; ss86@cornell.edu; shivy63@gmail.com; Shelley, Thomas; efithaca@me.com; kirianne@firstpresithaca.org; law@ithacamed.com; lsacco@tclifelong.org; rabbi@tbeithaca.org; Roberta Crawford; slopefarms@gmail.com; pollywood@radwoman.com; Aaron Lavine; Dan Cogan; Mike Niechwiadowicz; Barbara Lifton
Subject: Re: Old Library Demolition: An update

Greetings,

I write to respond to your communication below and to inform you that there are now 748 signatories to the: Coalition Letter Which Requests That Ithaca Mayor Myrick Require All Asbestos-Containing Materials to be Removed From the Former Tompkins County Public Library Building Prior to its Demolition.

First and foremost, will all respect, the engineer's report you referenced is shockingly inadequate and cannot possibly be used for public policy decision-making due to its irrefutable flaws. He did not provide even one photo taken during his site inspection or otherwise document his observations. The photos in his report are actually from the "Structural Conditions Assessment" dated August 8, 2018 provided to the City of Ithaca by the consulting engineer for the developer.

Second, he writes, "The following summary is an outline of findings regarding the above referenced Dewitt Library Structure and related condition assessment by Ryan Biggs (8/8/18)..." emphasis added.

Ironically, his report does not actually support the City's condemnation of the abandoned Former Tompkins County Library because the "Structural Conditions Assessment" dated August 8, 2018 concluded that, while "the existing metal [roof, not in the original] deck is a hazard," "Generally speaking, the interior of the building can still be accessed until the first snow fall in 2018 (emphasis added)."

This conclusion did not report a safety hazard inside the library and would have required completion of a proposed $500,000.00 library asbestos abatement of "the entire building interior, or approximately 20,000 square feet per floor" that would be conducted prior to the demolition of the abandoned structure according to state law.

A revised August 20, 2018 Structural Conditions Assessment determined that, "Doing this [asbestos abatement, not in the original] work would potentially put personnel at risk of falling debris from deck failure (emphasis added)."

The developer's consulting engineer, however, did not provide any technical rationale whatsoever for his totally different conclusion by documenting additional site inspection or investigation findings.

The two assessments are almost exactly word for word except that they reach totally opposite conclusions based on the same site inspection conducted by a Professional Engineer licensed by the State of New York pursuant to strict ethical requirements.

The contradictory conclusions are highlighted in a comparison of the engineer's original and revised: Dewitt Library Structural Conditions Assessment, Ithaca, NY - Original 8/8/18 and Revised 8/20/18

Given the possibility of a "false instrument" violation of the New York State Penal Code, I wrote to Request That the NYS Attorney General Investigate a Potentially Improper Condemnation of the Asbestos-Contaminated Tompkins County Public Library Based on a False Instrument Prohibited by the NYS Penal Code

I provide for your review deeply troubling information sent to the State Attorney General by a local property owner and neighbor of the former library. I believe that this previously unknown information raises grave concerns about the propriety of the City's actions both at the library and possibly other sites where "controlled demolition with asbestos in place" has been allowed by City officials instead of state-mandated comprehensive asbestos containment and removal prior to demolition.

Finally, please note that the City's consulting engineer reported "The lab [Microbac December 2014, not in the original] report shows no asbestos in the roof..."

This conclusion is apparently contradicted by May 4th 2018 Delta Asbestos Abatement Proposal which reports:

"Asbestos Containing Roofing Materials: This work shall include the removal and disposal of asbestos containing roofing materials in the locations delineated on drawing AR-104."

The City's consulting engineer evidently ignored this more recent finding and did not resolve the apparent contradiction.

See: Proposed Asbestos Abatement At The Former Tompkins County Library

Conclusion

For all these reasons, I request that the City rescind the library condemnation order and require the removal of all asbestos-containing materials prior to the demolition of the abandoned library. This is required by New York State Law and should not have been negated by City officials given that the August 8, 2018 "Structural Conditions Assessment" did not identify a hazard to worker safety.

I also request that you write to support my request that the New York State Attorney General investigate a possible false instrument concern regarding this matter.

Finally, I request that the City of Ithaca fulfill the conclusion in the original August 8, 2018 "Structural Conditions Assessment" that after "the first snowfall in 2018," "the condition of the roof deck should be re-assessed when there is no snow on the roof before people are allowed back in the building."

As you can see from the attached photo, a one-foot wet snowfall on 11/15/18 apparently did not caused any major structural failures that are visually obvious from above the structure.

In conclusion, had your administration not intervened as documented below by Ms. Kramer, the library asbestos clean up could have been completed months ago and the proposed redevelopment of the library site could have been undertaken without environmental contamination threats to public health. That is why I believe you have a responsibility to resolve that matter.

Very truly yours,

Walter Hang

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November 21, 2018

Honorable Barbara Underwood
New York State Attorney General
The Capitol
Albany, NY 12224-0341

Dear Ms. Underwood:

My name is Susan Attwood Kramer, and I live with my two children at 406 North Cayuga Street in Ithaca, NY. My husband and I also own property across the street from the former Tompkins County Public Library located at 310-314 North Cayuga Street.

I write today to support this Request That the NYS Attorney General Investigate a Potentially Improper Condemnation of the Asbestos-Contaminated Tompkins County Public Library Based on a False Instrument Prohibited by the NYS Penal Code

I believe I can shed important light on this matter that has previously not been publicly disclosed.

The City of Ithaca's Director of Code Enforcement, Mike Niechwiadowicz, spoke to me personally on two recent occasions to confirm that he knew that his condemnation of the library would enable the developer to forgo the removal of asbestos containing materials at a cost of approximately $500,000 and allow for an immediate controlled demolition with asbestos in place.

I spoke to Mike after a 11/8/18 public meeting and during the day on 11/19/18, when he indicated that despite an agreement made at the public meeting to explore the possibility of shoring up the library to allow the condemnation order to be lifted and the asbestos to be removed prior to demolition, the demolition would begin as planned, possibly as soon as the day after Thanksgiving.

Mike feared that if the developer Travis Hyde were burdened by the asbestos removal expense, the developer might abandon the project, and the building would then continue to deteriorate and become a liability for the city. Mike said that because his main objective was to have the building “gone” ASAP, he needed to help fulfill the developer’s request for the controlled demolition with asbestos in place.

He also offered his opinion that there was not much difference safety-wise between controlled demolition and full containment and removal prior to demolition. I responded that controlled demolition with asbestos in place was allowed only for buildings in danger of collapse; NYS code requires the removal of asbestos containing materials prior to demolition because this method is far more protective of public health.

Mike said that the original 8/8/18 engineer’s Structural Conditions Assessment lacked explicit evidence that the building was unsound enough to warrant condemnation and was therefore useless. In order to spare the developer expense and to permit the desired demolition, Mike would have to intervene.

He told me his intervention was as follows: because the first Structural Conditions Assessment did not indicate that entering the building to perform the mandated abatement would be unsafe--quite the contrary, in fact--Mike made clear that in order to justify condemnation, the engineer must alter this report explicitly to mention a safety concern. The engineer did so, resulting in the revised 8/20/18 Structural Conditions Assessment submitted with Frost Travis’ letter to Mike requesting controlled demolition.

As I recall, Mike said words to this effect: “You know that last paragraph in the revised version? The first version didn’t read that way at all. We needed the engineer to add all that stuff about the decking debris compromising worker safety. Why? Because that building needs to come down--as soon as possible!”

I believe my conversations with Mike raise grave concerns that his actions involve the submission of a false instrument prohibited by NYS law. I request that your office investigate this matter without delay.

Sincerely,

Susan A. Kramer

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Read formatted letter: Request That the NYS Attorney General Investigate a Potentially Improper Condemnation of the Asbestos-Contaminated Tompkins County Public Library Based on a False Instrument Prohibited by the NYS Penal Code

November 20, 2018

Honorable Barbara Underwood
New York State Attorney General
The Capitol
Albany, NY 12224-0341

Greetings:

I write respectfully to request that the Office of the New York State Attorney General take urgent action to halt a "controlled demolition with asbestos in place" of the former Tompkins County Public Library in Ithaca, NY until you investigate whether false written statements or instruments prohibited by the New York State Penal Code referenced below resulted in an improper building condemnation that avoided a $500,000.00 asbestos containment and removal action mandated by state law.

Asbestos pollution matters are often plagued by corruption and result in toxic pollution hazards. I request that you make sure the abandoned library cannot be demolished unless all asbestos-containing materials are removed. Based on the documentation I am providing herein, this is clearly the legal mandate that must be enforced in order to safeguard public health.

This request is supported by more than 740 signatories to a: Coalition Letter Which Requests That Ithaca Mayor Myrick Require All Asbestos-Containing Materials to be Removed From the Former Tompkins County Public Library Building Prior to its Demolition

Engineer Provided Two Library "Structural Conditions Assessments" That Reached Totally Opposite Conclusions Based on the Same Site Inspection

I provide for your review two versions of an engineer's "Structural Conditions Assessment" of the abandoned library. As you will see, the August 20, 2018 "Structural Conditions Assessment" is a revised version of the original August 8, 2018 assessment.

The two assessments are almost exactly word for word except that they reach totally opposite conclusions based on the same site inspection conducted by a Professional Engineer licensed by the State of New York pursuant to strict ethical requirements.

The contradictory conclusions are highlighted in a comparison of the engineer's original and revised: Dewitt Library Structural Conditions Assessment, Ithaca, NY - Original 8/8/18 and Revised 8/20/18

The original August 8, 2018 version determined that while "the existing metal [roof, not in the original] deck is a hazard," "Generally speaking, the interior of the building can still be accessed until the first snow fall in 2018 (emphasis added)."

This conclusion would have supported completion of a proposed $500,000.00 library asbestos abatement of "the entire building interior, or approximately 20,000 square feet per floor" that would be conducted prior to the demolition of the abandoned structure according to state law.

This comprehensive asbestos abatement would have removed all asbestos under full containment barriers with negative pressure and would have taken two months to complete.

See: Proposed Asbestos Abatement At The Former Tompkins County Library

The revised August 20, 2018 version determined, however, that, "Doing this [asbestos abatement, not in the original] work would potentially put personnel at risk of falling debris from deck failure."

The consulting engineer did not provide any technical rationale for his totally different conclusion by documenting additional site inspection or investigation findings. This is deeply troubling to say the least.

Comprehensive Asbestos Abatement Prior to Demolition Avoided Due to Library Condemnation Granted by City of Ithaca

On August 23, 2018 the developer of a luxury housing project at the library site wrote to request that the City of Ithaca permit the abandoned building to be razed through a "controlled demolition with asbestos in place" based on the Revised August 20, 2018 "Structural Conditions Assessment."

See: Letter from Travis Hyde Properties and Ex Libris, LLC to Mr. Michael Niechwiadowicz, Director of Code Enforcement, City of Ithaca, August 23, 2018

This type of demolition only requires the asbestos debris to be wetted down instead of being removed prior to demolition under rigorous containment requirements.

The request was fulfilled by the City of Ithaca in a letter dated 9/4/18 which condemned the library because it is "structurally unsafe and a danger to human life."
See: City of Ithaca 310-314 North Cayuga Street Condemnation Order (9/4/2018)

False Written Statement and Instrument Violations According to the NYS Penal Code

The City's condemnation of the library was not supported by the original August 8, 2018 "Structural Conditions Assessment" and is based solely on the Revised August 20, 2018 assessment.

It is inexplicable why the City of Ithaca did not accept the original "Structural Conditions Assessment" and instead fulfilled a request from the developer to permit a far less protective "controlled demolition with asbestos in place" of the library.

Given the Professional Engineer's lack of technical explanation for his totally different conclusion in the Revised Assessment, I request that you determine whether the City's condemnation decision potentially involved false statements or instruments prohibited by the New York State Penal Code.

See: "S175.35 Offering a false instrument for filing in the first degree.

A person is guilty of offering a false instrument for filing in the first degree when:

1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation;"

Conclusion

I have never heard of a New York municipality granting a developer's request to permit a "controlled demolition with asbestos in place" of a massive abandoned building in a densely developed residential neighborhood even though the developer's own consulting engineer determined that the legally mandated removal of documented asbestos contamination could have been completed prior to demolition.

This library matter also warrants your attention because the City of Ithaca has reportedly authorized more than 30 "controlled demolitions with asbestos in place" during the last 20 years instead of enforcing its property maintenance code and requiring comprehensive asbestos abatement with full containment, negative pressure. The most recent demolition without asbestos removal reportedly occurred within the last two weeks.

I worked for many decades with your office's Environmental Protection Bureau. I trust that you will find my request to be well-documented and self-explanatory, but please do not hesitate to contact me if you have any questions or suggestions. I am entirely open to your input.

The signatories to the above-referenced coalition letter believe that all of the asbestos-containing materials must be removed prior to the library's demolition as required by New York State law. All of the documentation that I am providing for your review supports that assertion.

Please note that the abandoned library could be demolished any time after this coming Thanksgiving.

Thank you for your prompt consideration of my request and for your long-standing public service.

Very truly yours,

Walter Hang

cc: Honorable Barbara Lifton
Honorable Thomas F. O'Mara
Honorable Members of the Ithaca Common Council
Honorable Members of the Tompkins County Legislature

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-------- Original message --------
From: Svante Myrick
Date: 11/21/18 7:55 PM (GMT-05:00)
To: Mike Niechwiadowicz , Mark Lawrence , ftravis@travishyde.com
Cc: slopefarms@gmail.com, sephmurtagh@gmail.com, Ducson Nguyen , Aaron Pichel Esq , andrew@chiangobrien.com, carenrubin@gmail.com, christine@historicithaca.org, David Kramer , dwsfingerlakes@me.com, Ducson Nguyen , Jane-Marie Law , Jennifer Lawrence Birnbaum , Joseph Murtagh , "Laura A. Lewis" , lindajaffe@gmail.com, Nancy Medsker , docgalya@gmail.com, Sara Schaffzin , shivy63@gmail.com, Suzy Attwood , "Shelley, Thomas" , Tom Seaney , andrewzepp@fllt.org, efithaca@me.com, kirianne@firstpresithaca.org, law@ithacamed.com, lsacco@tclifelong.org, rabbi@tbeithaca.org, rrcvla@twcny.rr.com, Dan Cogan , Skip Schell , Mary Brenner , JoAnn Cornish , mrobertson@tompkins-co.org, legislature@tompkins-co.org, jmolino@tompkins-co.org, "Heather D. McDaniel" , liftonb@assembly.state.ny.us, Common Council
Subject: Old Library - Structural Engineering Report

Mr. Travis,

As you know, your plans for controlled demolition of the Old Library, without first completing asbestos abatement, have left many Ithacans concerned for their health and safety. It is for this reason that the City retained, at City expense, a third party structural engineer to review the structural integrity of the Old Library in order to assess whether the condemnation order for this building was in fact necessary. (Lifting the condemnation order would, of course, open the door to asbestos abatement prior to demolition, which would be a ideal.)

I got the report a couple hours ago, so I am writing now to share the attached. It is from the City’s third party structural engineer, Greg Dende.

Disappointingly, this report only confirms the prior engineer’s August report necessitating condemnation. Today’s report describes the building as “a significant safety hazard. Clearly the steel roof deck is corroded through in many locations and should be expected to drop dangerous debris and other building components on the workers below.”

The City’s Director of Code Enforcement joined Mr. Dende on his site visit this week, and on his return described witnessing daylight through some perforations in the roof decking, standing water on the floor, algae-crusted carpets, and a partially collapsed stairwell. Regrettably, the City will be unable to lift the condemnation order on this building.

Condemnation, in turn, removes the City Building Division’s control over your selected abatement/demolition procedures, which—where issues of asbestos are concerned—are governed by state law as administered by the State Department of Labor.

This leaves the matter in your hands. And so I continue to ask you to set my mind at ease: what can you do to assure Ithaca’s public that you and your engineers have sought every reasonable alternative. Could you walk us through why you have eliminated those alternatives. Tell us what you will do to ensure that your chosen path forward is safe. (I am told that State Department of Labor records reflect over one hundred controlled demolitions of this sort in the past decade in Tompkins County. Nonetheless, your intended demolition has generated a scope of public concern that should compel you to leave no stone unturned in the name of public safety.)

Thanks Frost for taking this seriously and doing everything in your power to get back to me. I realize I'm writing on the eve of a holiday and that is less than ideal - but given the enormous public interest I wanted to get to you and the public the engineering report as soon as possible.

Thanks!

Svante Myrick
Mayor, City of Ithaca

108 East Green Street
Ithaca, NY 14850

607-274-6501