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Firm to pay fine, but still denies it did work
September 18, 2006
7:47 AM
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Forum Posts: 5298
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August 29, 2005
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It's a bizarre Bayonne whodunit.

Nobody admits removing the asbestos covering from a pipe at Robinson Elementary School in July - legally or illegally.

Bayonne Construction Code Official Michael Feuer pointed the finger at New Brunswick-based Nova Development Group, and he fined the contractor $2,000 for violating the city's construction code.

The fine was upheld Thursday night by the Construction Board of Appeals. The decision prompted a company representative to quip: "We'll pay the fine, but we want to make it clear that we did not do the work here."

Unrelated contractors building an addition at the school alerted the school board about the now controversial pipe on April 11, fearing that it was wrapped in asbestos. The state halted work at the site on July 19 after the pipe tested positive for the dangerous material, according to a state Department of Community Affairs spokesman.

In early August, Cliff Doll, the Bayonne school district's business administrator, told The Jersey Journal that the board hired Nova to remove the material, but now it appears that a contract was never signed and money never changed hands.

Lou Pacyna, of the Bayonne Board of Education, on Thursday admitted as much, saying, "Nobody has sent us a bill yet."

Nova has steadfastly denied doing any work at the Robinson School, which is located at 31st Street and Kennedy Boulevard.

"We had no knowledge of this project ever taking place," said Todd Grant, who represented Nova at the appeal hearing. "No file, no correspondence, nothing."

The construction board commissioners were not convinced.

"I don't think the board found (Mr. Grant's) testimony credible," said Peter Cresci, the board attorney.

Cresci pointed to an inconsistency in Grant's testimony as "the point at which his testimony became implausible."

Originally, Grant said that he had no knowledge of a Nova worker ever having entered Robinson, but later said that one of his workers had evaluated the mystery material surrounding the pipe.

But, Grant added, "to react and remove the material without a contract request is not our company policy."

Grant speculated that perhaps another contractor also working at Robinson illegally removed the asbestos to expedite the job. Applying for asbestos-removal permits takes at least 10 days and slow a contractor's work.

In the end, the board was convinced by eyewitness testimony of two Board of Education officials who said they escorted three Nova workers to the school. The eyewitnesses say after they escorted them they dropped the Nova employees at the site, then left for the day.

When they came back the next day, the asbestos was gone.

"I have two people who said they were there," said Feuer.

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