September 20, 2006

Hon. Joel A. Giambra
Erie County Executive
95 Franklin Street
Buffalo, N.Y. 14202

Dear County Executive Giambra,

Several County employees have contacted me concerning the very real health problems of many employees who work in the Family Court Building at One Niagara Plaza. I am very concerned about the discovery of toxic mold within this building, and am respectfully requesting that the Erie County government address this troubling situation - especially on moral, legal and ethical grounds.

We most certainly must work together - your administration, the legislature and employee union representation - to resolve this problem before one of our employees becomes seriously ill.

The problems of our recently built Family Court Building, coupled with the hard-to-eliminate Legionnaires' bacteria that was discovered in the heating/cooling system at 25 Delaware and 92 Franklin, along with problems at other County-rented facilities, calls for not only remediation, but perhaps the formation of a working group to formulate a plan to address this problem and monitor these buildings into the foreseeable future. The issue of "sick building syndrome" has been around for many years and has been well-documented.

In regards to One Niagara Plaza: This building is relatively new and it is shocking that such a problem exists, and has not been adequately addressed with regard to the responsibility of the contractors and/or equipment utilized in the construction of the building. Is there some form of warranty we could utilize? Does the County have a plan to address this alarming situation?

I have attached information provided to me by employees who work in the Family Court Building and was hoping that you can review this documentation. It is apparent that this problem has been known since the building opened. Equally troubling are some of the piecemeal fixes utilized, including "Masks and rubber gloves have now been provided to employees who need to review case records. Per the direct order of our Commissioner, George Alexander - No one is permitted in the file section without wearing a face mask and gloves." As you can see this is clearly problematic and upsetting for any County employee, and we need your leadership to address this challenge.

Please feel free to contact me to discuss this problem further. Thank you.

Sincerely,

Daniel M. Kozub
Erie County Legislator - 1st District

cc: Health Commissioner, Dr. Anthony J. Billittier IV; Probation Commissioner, George B. Alexander;
County Attorney, Laurence K. Rubin; Supreme Court Justice, Sharon S. Townsend;
C.S.E.A., Scott R. Smith, Probation Section President.

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