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City, company argue over floor project
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Editor's note: The following story has been updated with correct information.



MONROE - Although a report given to the city indicated asbestos was present in certain areas of City Hall during the November election, City Administrator Phil Rath said people should not panic.

"Air tests conducted before the election said it was clear before voting took place," Rath said. "We did our due diligence in making sure the space was safe."

Though asbestos can lead to health problems, Rath said the type found in small areas like window sills and floor corners was not a risk to anyone because it was not airborne. The type of asbestos found was also the less toxic type of material, and a small amount of time in the same room with the material in the same vicinity would not be enough to contribute to health risks.

Last year, the city hired KPH Environmental to remove asbestos from under floor tiles in City Hall. Work began mid-August, with cleaning and removal of the materials before Zersen Flooring employees came in to lay tiles.

But the tiles would not stick. City staff called in True North Consultants of Naperville, Illinois, after Zersen Flooring evaluated the issue and found "residual suspect asbestos-contaning floor tile adhesive," according to the True North report. This finding was made before November.

The True North study was given to Rath on Nov. 10, just days after roughly 4,800 people had filtered through the doors of the City Hall basement to cast their ballots in the general election.

Within the True North report, consultants took 17 samples. Eleven were found to contain 5 percent of Chrysotile. The Environmental Protection Agency allows for only 1 percent. The materials tested included black sub-floor materials and white floor tile chips. The report suggested two conditions: that KPH used an inappropriate cleaning agent which contributed to the lack of new adhesion, and that the company did not follow an appropriate standard of workmanship in the removal of materials.

"While use of chemical abatement methods may be effective at removing adhesives, the use of chemical methods may also adversely impact the chemical properties of flooring adhesives utilized during subsequent flooring system installation," the report read.

Since then, KPH and the city have had an ongoing disagreement about whether the environmental and construction company workers who removed the asbestos with a chemical agent were at fault. That argument is still ongoing.

"I'm hopeful, I'm expecting to see a change order come through from them," Rath said.

The goal is to receive an offer from KPH in time for Rath to present the information to the city council for possible approval. Rath has not yet seen the order, and the cost of the work is still unknown.

The city could also receive no change order. If there is no compromise, the investigation into whether the company was at fault would move forward. If KPH was in default, the city would be able to recover partial costs to hire a new company. If KPH is found to have done nothing wrong, the city would have to find another company to complete the work at its expense.

City officials and the company's insurance company have been corresponding in an effort to find a compromise. Contractor Dan Scharf contended during a December meeting that KPH was not at fault, but also told Monroe Common Council members he would like to ensure both parties benefit. Aldermen rejected a suggested change order for $163,000.

In an effort to continue the project and finish the flooring in City Hall, the officials and Scharf met with a change order total proposed by KPH the following week. Council members rejected the second offering of additional work for an additional fee.

Scharf denied the presence of high levels of asbestos, and said the True North report used a small amount of samples, far fewer than KPH conducted a second time, and picked spots in the building most likely to test positive for remnants of the silicate materials.

City staff are scattered throughout the city, from the westside fire station to the Streets Department building. When they will be able to move back into their City Hall offices is still unknown.

City Clerk Carol Stamm announced the spring primary will be held at the fire station on Feb. 21 and the following council meeting will be held there as well.