Massena man displays asbestos gripe

MASSENA — James A. Farbotnik is going to get his message out any way he can.

"I'm going to be heard, I'm not going to be silenced," said the owner of CyberWorldUSA, 73 Main St.

His message: The Massena Central School District and its Board of Education have been covering up the presence of asbestos, especially in Jefferson Elementary School. He has children who attend the school.

As part of an effort to publicize his asbestos fears, Mr. Farbotnik has begun hanging a series of banners on the side of his downtown building.

"We're not happy about it," said Gregory C. Fregoe, village code enforcement officer.

Mr. Farbotnik fought a battle with the village six years ago over signs on the side of his building. In a 2002 compromise with the village Zoning Board of Appeals, he was allowed a 3-foot-high by 15-foot-long permanent sign on the south side of his building. He had asked for a 4-foot by 16-foot sign, but board members considered that too large and said that it contained too much information, so it would distract passing motorists' attention.

He also was allowed to hang banners on the side of the building, which he used to advertise the fact that he refurbishes used computers, which he then gives away to children as learning tools.

However, last year, he began using the banners to advertise his allegations against the school district and point viewers to his Internet site, www.truenewsusa.com, which includes information that he claims proves a cover-up over asbestos.

He plans to hang a new, larger banner April 23 or 24, he said Friday.

The village can do nothing about the banners.

"It's a freedom of speech issue," Mr. Fregoe said. "According to his lawyer, we have to leave it up for a reasonable period of time, but I don't know how long that is."

For more than a year, Mr. Farbotnik has been a district gadfly, showing up at Board of Education meetings to air his complaints about asbestos and allegations of a cover-up.

At Monday night's meeting, he again tried to present his case but board President Julie L. Reagan told him that members did not have to listen to him if he was bringing up an issue that he previously brought to their attention. She eventually threatened to have him removed from the meeting if he continued to try to speak about the asbestos issue.

Mr. Farbotnik bases many of his claims against the district on an asbestos survey, completed in January 2007 by Hygeia of New York, that found evidence of asbestos at Jefferson Elementary. The state Department of Labor requires such a survey for any renovation project.

In this case, the survey was conducted prior to the start of an ongoing capital improvement project that included the renovation of Jefferson Elementary.

In February 2007, a softball-size asbestos chunk was found on a loading dock behind the school and asbestos on pipes in the area also was found. As a result, the district contracted with Atlantic Testing Laboratories, Canton, to test for asbestos in the school. That testing required the school to be closed for a week.

While some asbestos residue was found in a boiler room, which subsequently was cleaned while the school was closed for spring break, Atlantic Testing reported that no classrooms contained asbestos. Schools Superintendent Douglas W. Huntley informed parents of that in a letter sent out in late April.

Late last year, the state Department of Labor cited the school district for illegally removing asbestos from the loading dock and a nearby crawl space at Jefferson Elementary.

Former district Building and Grounds Superintendent Ben G. Gladding pleaded guilty Feb. 23 to two federal charges related to the presence and removal of asbestos from district buildings, including Jefferson Elementary. He is awaiting a July 11 sentencing.

Before the start of the school year, the district completed a nearly $4 million cleanup of asbestos from Jefferson Elementary and lead from a former shooting range below the high school gymnasium.

"That means that asbestos was removed through proper Department of Labor protocols from Jefferson Elementary," Mr. Huntley said Friday. "In my opinion, the school is absolutely safe and it has been safe."