*Photo by NM Electronics LLC
An aerial shot of the demolition process of the former Nestle site of Fulton as of 6/29/2017.
FULTON, NY – The Fulton Common Council declared the former Nestles site located at 555 S. Fourth St., “an imminent danger” at a regular meeting held Wednesday (July 5).
After a long demolition process plagued with several interruptions, few buildings remain standing on the 24-acre site with piles of debris left scattered about.
Mayor Ronald Woodward Sr. said structurally compromised buildings and remaining asbestos are main contributors to the decision to declare the site a danger.
“We continue to have breaches there, we don’t have the money to have 24 hour security there. We have kids going in there,” Woodward said, noting seven arrests from May 2016 to present on the former Nestles site.
Additionally, piles throughout the site with asbestos remaining in them must be removed before further demolition can occur, as ordered by the Department of Labor.
While initial contractor, Infinity Enterprises should have torn down one building and cleared the debris before demolishing another, “that didn’t happen,” Mayor Woodward said, resulting in piles of debris throughout the site.
The piles remaining on the site do not contain asbestos that is able to travel through the air. However, asbestos in the remaining buildings could be picked up by the wind through the compromised structures, Woodward said, noting the close proximity to the Kiwanis Kid Haven and several neighborhood homes in the area.
For these reasons, the city deemed it appropriate following recommendations from attorneys to declare the entire site an imminent danger with the exception of the 2.2-acre parcel on the corner of Fay and South Fourth streets that has been declared clean by the Department of Labor and has been fenced off for incoming supermarket, Aldi.
With the approval of this resolution, the current contractor on site, Rowlee Construction, will be authorized to remain on site and continue working under the current contract.
Rowlee Construction began working on the site after the initial contractor, Infinity Enterprises, abandoned the commitment to clear the site in its entirety due to financial losses after offering to complete the project for no cost to the city but for sole rights to all salvageable material on site.
By declaring the site an imminent danger and thus foregoing the bidding process, Rowlee will continue work on the site under the pay contract previously established at a daily rate of $4,627.50 with additional rates of $103.50 for 10-wheel trucks and $138 for 18-wheel trucks.
Once the site is cleared of all debris, Rowlee has estimated that the remaining buildings can be demolished and removed from the site within 60 days.
However, public response at the meeting from Jason Bailey, an attorney representing contractors, expressed displeasure with the course of action.
“You’re suggesting that the taxpayers allow an open checkbook to the current contractor at $5,000 per day?” he questioned. “If you don’t have any estimated quantities and you don’t have a schedule with an anticipated completion day and you’re giving them a price per day, there is a motivation to take as long as necessary to perform the work,” of which could be avoided by abiding to the public bidding rules, he continued.
Bailey said General Municipal Law 103 exists to ensure all contractors have “a fair shake at bidding this project,” though the declaration of the site as an imminent danger forgoes that process.
“That’s one of the issues, but that’s only one of the issues. The other issue is the safety and the integrity of the public,” Woodward said.
“As of right now, if you simply continue the contract you want to continue at $5,000 a day, you’re giving the public no assurances that it’s going to be completed within a timely fashion,” Bailey argued.
“Well, I can understand your point but I will tell you this: we bid it out the first time, gave it to the one that was cheapest for the public and guess what happened? It didn’t go the way we wanted it to,” Woodward responded.
Bailey expressed his confidence that contractors will challenge the decision with an Article 78 preceding through a Supreme Court Judge, what Woodward declared a “good threat” to make city officials bid the job.
When asked what the current contractor’s motivation is to complete the project in a timely fashion, Woodward cited the long running good reputation of Rowlee Construction.
Bailey declared the approval of the resolution an “absolute astonishing move” of which he was adamant several contractors will challenge and further delay the process and subject the public to the safety concerns being voiced.
“If the project is delayed, it will be delayed by an Article 78 not the contractor,” Woodward said.
County legislator, Frank Castiglia Jr. (D-Fulton) who has been an active part of the ongoing demolition in voicing concerns of the members of the public in the area of the site had positive remarks on the matter.
“We’re going to be moving forward,” Castiglia said, only questioning the safety concerns for neighbors in the area.
The city is providing continuous air monitoring both on site and off site for precautionary means for the health and safety of those in the area, Woodward ensured.
“I just want to say thank you for what you guys are doing, it’s going in the right direction. Let’s just keep moving forward,” Castiglia said to the council. “I think we have good grounds in that we have a contractor that has proven himself capable of handling it and handling it in a timely fashion and imminent danger is what we have to look at, he’ll be able to handle that.”
The resolution cited the present dangers of the site to be structurally unsound buildings that are deemed a nuisance to the public with the potential for injury to trespassers and a breeding ground for pets, an immediate danger for walkers and drivers on South Fourth Street in relation to the potential collapse of Building 2 specifically, and remaining asbestos on the site, which together represent a “public emergency” that requires immediate action and cannot wait for competitive bidding.
The resolution passed unanimously by the four councilors present representing the first, second, fourth, and fifth wards.
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So where were city code officials throughout the demolition process when Infinity was on site? One would think they would be on site at least once a month to look at progress, make recommendations, and if necessary direct the contractor to perform work in a specific fashion. Obviously this is another example of Fulton city government’s closed eye and clueless managerial process. I truly wish somebody would start a recall petition against the Mayor. That guy needs to go.
Get it gone! It is prudent the work get done and the cost per day is stipulated. The sooner the site can be cleared the better. Prime real estate awaits development. Let us hope it’s not another dollar store. Will remain hopeful and always on the side of the City I love.
Is there an engineer that can tell me why, the land doesn’t need vents put in like the ones that were done on the land down by the county building on south second street Fulton, NY? I would think the ground would be contaminated as well as the air on and surrounding the construction area of the nestles site. Due to the asbestos and other contaminments that may of been in or around the grounds of facilitiy.
Just another fly in the ointment led by our city “officials”. The so called Mayor we have has done a crap job since he has been in office, but hey, let’s keep voting him in! I didn’t vote for him – not one single time! And to think, our kids are playing baseball at neighboring Kiwanis. Great, just great. Yes, let asbestos in the air so all our kids can get Mesotheleoma. I’m all for a grocery Market coming onto the east side, but I’m sure city officials could have picked a safer location.