
or
nearly a year, one of the most notorious figures in the city's
demolition industry has been overseeing a major municipal project on
Manhattan's west side.
The project is the dismantling of the sanitation
garage at Twelfth Avenue, a mammoth two-block-wide hangar-style
structure that straddles 56th Street near the Hudson River, where for
decades the department of sanitation housed its trucks. The undertaking
is part of a five-year plan to demolish the old garage and build a new
one in its place.
To do so, the sanitation department awarded a $4.2
million contract in 1999 to the lowest bidder, a non-union company
called Rapid Demolition, based in the Gravesend section of Brooklyn.
The dismantling effort has been underway for months
at the site, but the project has been afflicted by problems from the
start. Four times, firefighters have been called to extinguish blazes at
the garage, where demolition workers used acetylene torches to cut huge
steel girders. One of the fires occurred this March on a wooden
scaffolding around the building. "The renovation company had left a
torch burning on [a] bridge and left for the evening," fire
investigators stated in their report.
The worst incident occurred in June, when the immense
scaffolding that had girded the building's western wall suddenly
collapsed into the street. Rapid blamed the scaffolding subcontractor,
but city inspectors said it was Rapid's fault. They said the collapse
was triggered when demo workers tied steel cables around a huge elevator
bulkhead, then connected them to a bulldozer to try and pull it down,
instead of breaking it up piece by piece as rules require. The maneuver
knocked bricks from the outer wall onto the scaffolding, sending it
plunging onto busy Twelfth Avenue in a cascade of wood and metal.
Miraculously, no one was injured, but the wreckage
caused a weeklong, traffic-snarling mess that forced cars and trucks
exiting the West Side Highway to detour around the area.
There have also been problems with the demolition
firm's workforce. Several employees at the site have complained of being
paid wages of $8 to $10 an hour, well below the $28 per hour plus
benefits that Rapid is required to pay under its contract with the city.
The Laborers' Union, which has mounted regular protests at the site, has
presented complaints about the alleged underpayments to the office of
city comptroller William Thompson, where an investigation is underway.
The listed owner of Rapid Demolition is Joseph Najjar,
a 20-year veteran of the trade, who insists that none of the problems at
the site are of his making and dismisses the union's allegations as
"malarkey." But Najjar acknowledged that the man overseeing the garage
project, whose name appears nowhere on the reams of official disclosure
documents that Najjar filed with the city, is a 74-year-old legend of
the demolition business named Philip Schwab.
Any single part of Phil Schwab's résumé should be
enough to win him banishment from government work. He has served two
stretches in prison: the first for bribing a crooked federal inspector
to ignore the illegal disposal of cancer-causing asbestos, the second
for failing to pay thousands of dollars in payroll taxes for his
employees.
Until those episodes, Schwab was the head of the
nation's largest demolition concern, tearing down steel and power plants
around the country. In addition to sprawling mansions in Florida and
Westchester County, his ownership interests included a Nevada casino, a
major portion of the Hilton Head Island resort in South Carolina, and a
racetrack in Washington State. But he tumbled into a massive bankruptcy
in the late 1980s involving dozens of banks and insurance companies,
many of which claimed he had bamboozled them into lending him money.
Today, federal and state tax authorities have judgments of $2.5 million
and $1.7 million, respectively, filed against Schwab at his home in
Pelham, just across the city line. A bank is seeking $9 million from
him.
"I have had my trials and tribulations, no question
about that," Schwab said last week after being reached on his cell
phone. As for now, he said, "I am doing what I can do, just trying to
make a living."
What that means in terms of the sanitation garage
project is this: "I try and solve the problems. I go there [to the
project] occasionally," he said. Schwab insisted he had no ownership
interest in Rapid. "I never had any ownership," he said. "I can't own
anything anyways," he said, referring to his still unresolved financial
problems. "They take it away from me. That is the way it works."
Najjar also described Schwab as only a knowledgeable
aide. "He is just helping me out, doing some consulting," said Najjar.
"He is a good guy; we know each other 20 years."
Whatever his role, Schwab's presence at the site has
been such a problem that the sanitation department's construction
manager, Bovis Lend Lease, last month insisted that he be removed from
the job. In a memo, Bovis blamed Schwab for sending crews to work on
weekends without a permit, and for violating a city stop-work order
imposed following the scaffold collapse. "You are directed to remove
your supervisor (Phil Schwab) from subject project—IMMEDIATELY," wrote
Bovis's manager to Najjar.
Schwab denied violating any rules. Instead, he blamed
his problems on his repeated run-ins with union demonstrators, who have
set up one of their giant inflated rubber rats outside the job in
protest of Rapid Demolition's non-union status.
"I have too big a mouth," said Schwab. "I am 74 and I
wanted to go to fisticuffs with these guys. Rapid is doing the job
non-union and he has every right. And these union people, they blow up
this big rat and they try to stop the trucks and they interrogate the
men. It really aggravates me. It is no fun," he went on. "They go after
me personally. I am trying to eat my lunch in the diner and this guy, he
puts a rat mask on and peers right in the window. It is embarrassing,
humiliating," he said.
Which is pretty much what Local 79 of the Laborers'
Union intended him to feel when it began mounting its demonstrations
several months ago. The protests are not part of an organizing drive,
union officials said, but rather a protest against an employer that
isn't playing by the rules.
"We don't even want to represent this guy," said Chaz
Rynkiewicz, of Local 79. "We wouldn't want any of our members to work
for him."
Laborers' research director Oona Adams also spotted
something that slipped past the city's multi-layered contract
investigations system: Rapid's failure to disclose a 1998 state tax
judgment for $80,000 for unpaid workers' compensation taxes. The union
also objected when Rapid hired a Long Island scrap metal firm that is
under investigation for allegedly taking in metal looted from the World
Trade Center just days after the collapse.
Najjar dismissed the failure to list the lien on his
disclosure form as "a mistake." As for the Long Island scrap company, he
said, "they're just a carting firm; I use whoever I can to get the best
service."
Most of the complaints raised by the union against
Rapid Demolition and Schwab were confirmed in a 16-page report last
month by the city's Department of Investigation, which found the company
had engaged in unsafe practices. But removing the firm is still up to
the sanitation department. "We have consulted with other agencies and
the facts don't warrant firing the contractor at this point," said Vito
Turso, spokesman for the agency.
Despite the order to stay clear of the job from its
construction manager, Schwab, a short balding man, was at the site early
Friday with a small crew of half a dozen workers, one of whom had spent
the night sleeping under the sidewalk shed. The crew went to work in the
gathering August heat shoveling dusty concrete rubble inside the
cavernous building. "They're the only ones being humiliated here," said
Rynkiewicz of the Laborers' Union as he stood outside watching. "They're
cheated out of a decent day's pay."