Garland Roofing Caught Bid Rigging in Los Angeles Schools

It may be "Old News", but history is important. For those of you who don't know it, a Garland rep who was a former Tremco rep, according to the Garland Regional Sales Manager, got caught along with the company, a contractor and two individuals in a Los Angeles area school roofing bid and had an Injunction placed against them for: Bid Rigging Vertical Price Fixing Horizontal Price Fixing Unlawful, Unfair or Fraudulent Business Practices Unfair, Deceptive, Untrue or Misleading Advertising Commercial Bribery 

Garland was forced to other measures, including but not limited to opening up the approved contractor's list. 

Some of the other measures included training their employees for five years not to unfairly compete. 

Garland was also ordered to pay $67,600, of which $30,000 was for civil penalties for unfair competition at $2,500 per violation (according to present-day Code Section), $27,600 for legal and investigative costs, and $10,000 in cy pres restitution. 

Defendant Prime Commercial was ordered to pay $11,500 for unfair competition. Defendant Henry Marsh was ordered to pay $11,500 for unfair competition. Defendant Robert Maiers was ordered to pay $10,000 for unfair competition. 

Essentially, the LA DA's offices let them off with a slap on the wrist....and the investigator told me that they wished they had done more after hearing the whole story.... 

So - did you ever hear about it? Here's the actual consent order: 

See: http://roofingscam.blogspot.com/2009_04_19_archive.html#7929549341180344241 and look at the first post, 

"Garland Consent Decree in Bid Rigging Case" 

For more on Garland, look here: 

30-year warranty discussed by the Midwest Roofing Contractor's Association former Testing Director: http://roofingscam.blogspot.com/2008_03_02_archive.html 

Look at the second post down, "Examining the 30-Year Warranty" Actual 30-year warranty: http://roofingscam.blogspot.com/2009_04_19_archive.html 

Look at the second post down, "GARLAND 30-YEAR WARRANTY" 

Overcharges: http://schoolroofingscam.blogspot.com/2008/02/comparable-costs-between-manufacturers.html "Comparable Costs Between Manufacturers in Oakland, CA School, 2005" 

Update on the Overcharges, May 9, 2009: A recent report from a roofing contractor shows that the overcharges have reached this range: "I almost passed out when they sent me the material price quotes for the Garland built up roof system……$245.00 PER ROLL for a 1 square SBS Modified membrane. In our market, Performance/Derbigum is considered the “high end” material at a price of $90.00. Manville and TAMKO are competitive at $65.00." 

Note that the price he was quoted is about 3-4 times normal cost for the initial installation of a good roof with a warranty that usually only requires hundreds, not many thousands of dollars, in repairs when they occur versus a five-year payment to "keep up the warranty". And that cost does not include when the roofs will be redone.... 

A manufacturer is now in jail for reporting Garland to local officials: http://schoolroofingscam.blogspot.com/2009/04/new-hampshire-officials-declare-war-on.html "New Hampshire Officials Declare War on a Manufacturer Standing up to the Scam"

Attempt to stop Garland sole-sourced in Albuquerque Public Schools by a Task Force: http://ww2.aps.edu/cgi/displaypress2.cgi?136 and in the Albuquerque Journal at: http://www.stopthewarmachine.org/events/jan18pdf.pdf (front page only) or go to www.abqjournal.com and search for the story - paid subscription or per piece, "APS Roofing Costs Sky High", January 19, 2003. It was also reported on KOBTV in Albuquerque in May, 2001. 

Garland was named in the New Jersey State Commission of Investigation Report of 1999/2000, "Waste and Abuse in School Roofing Projects" as one of three roofing manufacturing firms overcharging and more. See: http://schoolroofingscam.blogspot.com/2008/02/new-jersey-report-link.html 
"The New Jersey Report -- The Link" 

Garland is now heard to be "annualizing" Purchase Orders in the 6-figure range in California, where labor is done separately and the contracts are "broken out". The appropriate licensed persons did not review conditions, design or draw up the proper competitive and detailed bidding documents necessary to ensure the public health, safety and welfare. Ohio is having the same problem, we hear.

Update:  See www.thebakersdfieldboys.blogspot.com for Kern High School District purchase orders....

W. P. Hickman Goes Belly-Up - as of October 2, 2008

Two weeks past it's founding 25 years ago, W. P. Hickman Systems and its' two wholly-owned subsidiaries filed for Chapter 11 Bankruptcy protection in a Pennsylvania Bankruptcy Court.

 Apparently, a creditor refused to renegotiate their terms of their debt, and W. P. Hickman had to file Chapter 11 in order to protect their assets.  

The Oct. 2, 2008 Bankruptcy filings also show that W. P. Hickman's new holding company, Serefex, and new management team in place since February, 2008, uncovered "certain accounting irregularities and potentially fraudulent activities in excess of $5.0 million by former insiders and subordinated debt holders of Hickman. Lawsuits against certain of these insiders are pending."


Of note in the timeline below is that the holding company Serefex acquired 71% of the shares of W. P. Hickman on October 20, 2007 - five days after the Hickman Employees' ESOP plan trustee files a lawsuit on behalf of that plan against W. P. Hickman.

Those Lawsuits include:
1. The Trustee of the W. P. Hickman ESOP Plan filed a suit Oct. 15, 2007 against W. P. Hickman, alleging that the former Chairman of the Board of Directors David D'Anza - also President, CEO and Trustee for the D'Anza Family Trust -
"systematically and fraudulently misappropriated millions of dollars from the company...
that
"Mr. D'Anza also falsified Hickman financial records,"and
"concealed blatant self-dealing by the D'Anza family"....
that
"the D'Anza family orchestrated this widespread and multifaceted scheme."

Since that filing, the original Trustee and the Counsel for the trustee has resigned and been replaced, David D'Anza was removed from his positions and resigned, and amendments to the Complaint and its defendants are being added.
(Court of the Common Pleas, Cuyahoga County, Ohio, Case No. 07-6338870).

2. The former President and CEO of W. P. Hickman (1985-2002) Robert Jonas filed a wrongful termination and whistleblower lawsuit against W. P. Hickman ,approximately April 11, 2008. (Court of the Common Pleas, Cuyahoga County, Ohio, Case No. 08-656375).

3. W. P. Hickman filed a counterclaim against Mr. Jonas approximately July 9, 2008, alleging that Mr. Jonas:
"...breached his fiduciary duty to Hickman and its shareholders";
"...converted and embezzled Hickman funds";
"...committed fraud and defamed Hickman after his association with them ended."

 4. WCode and Ohio common law." (Court of the Common Pleas, Cuyahoga County, Ohio, Case No. 08-664148). Talk about Kashi Cooking! What a kettle of fish!!!! And oh how the Tremco practices of marketing and go. P. Hickman filed an action against David D'Anza, Donna D'Anza, D'Anza Family Trust, Christine B. Hooper, Aurgo Consultants, Brian D'Anza, Christopher D'Anza, Jessica D'Anza, and Paul Patchen/T&M Construction, approximately May 14, 2008, alleging that:
"...David D'Anza systematically and fraudulently misappropriated millions of dollars from the Company;"
"...David D'Anza also falsified financial records, and concealed blatant self-dealing by the D'Anza family;" and
"...the D'Anza family orchestrated this widespread and multifaceted scheme." (Court of the Common Pleas, Cuyahoga County, Ohio, Case No. 08-659496).

5. W. P. Hickman on or about June 19, 2008, filed a complaint against Steve Harnish, alleging that he: "...breached his fiduciary duties to W. P. Hickman as its President and CEO since at least 2002;"
"...violated his non-compete, non-solicitation agreement;"
"...totuously interfered with hickan's customers and employees;"
"...defamed and disparaged the xompany afdter his association wtih Hicman ended;"
"...violated the Ohio Uniform Trade Secret Act and Ohio common law." (Court of the Common Pleas, Cuyahoga County, Ohio, Case No. 08-662719). 

 6. Steve Hamish countersued W. P. Hickman approximately July 3, 2008, had the suit removed to Federal Court, had an injunction gained against him in State Court dissolved, and has alleged that "...W. P. Hickman owes him back pay."

 7. And in the continuing saga, W. P. Hickman filed yet another suit, this time against Simon Roofing and Sheet Metal Corp., for allegedly having:
"...hired Steve Hamish;"
"...tortuously interfered with Hickman's customers and employees;"
"...defamed and disparaged Hickman;"
"...violated the Ohio Uniform Trade Secret Act, the Ohio Rev.

Amazing to see how these guys are going after one another, forgetting how much of it came from overcharges in the millions or more to the taxpayer, schools, and education......what a mess! Seems the government ought to go after all that money in a Qui Tam suit (recovering overcharges to the government), and just get the scam stopped.....now!

Please see the following link for more detailed information:
http://www.hotstocked.com/10-k/serefex-corporation-SFXC-189069.html

Corruption Matters

For those of you wondering how Marxist Ideals have now and will drastically affect your future, here is how it has happened:

 Public officials get to feeling they are above the law, and stick their hand into the Public Till. Addiction to that ready pot o' gold sets in - and wa la! They are beholden to whomever will get them that gold!

Nothing is free....and just like the laws of chemistry, to every action there is an equal and opposite reaction...or the universe would fly apart.

So, consider:
Say you are trying to conduct your business - in your case, roofing consulting, sales or contracting - and you just can't seem to beat a "blank wall" of denial to even consider other products or competitive bidding - supposedly required by law to protect the overburdened taxpayers.

And say, like one major manufacturer's rep found in Santa Monica, CA less than ten years ago, he observed two of their school district officials driving Mercedes, got curious, he checked their records (somehow!) and found that they were leased by one of the three manufacturers named in the New Jersey State Commission of Investigation Report - allegedly. Sweet!

But he couldn't get anyone here in California to investigate.

Another - a roofing manufacturer - told me that a school district person in the Central Valley in California allegedly received a $20,000 boat for illegally sole-sourcing products produced by one of the three manufacturers named in the New Jersey State Commission of Investigation Report.

What can you do about it?

Well first, if you don't, you get what you deserve in politicians, laws, complicit judges...and the whole system goes down the tube. Unchecked corruption is the outward sign of a spiral downward into hopelessness...and dependency, not healthy independence that spawned the great ideas and businesses that built the US.

Well, then, if you care about this country and if it has any future at all....please report what you know to the authorities.

Without doing so, you are part of the cog in the wheel that has brought us to the point of losing our freedoms and ability to make a decent living or more.

I have included below information for you off the FBI website - so you don't have to get on the site and expose your information until you want to.
___________________________________________  

Where to report kickbacks you have been told by the person they are getting or you saw them get:

Report Corruption
 Please contact us if you come across evidence of public corruption activities: Submit an Online Tip (go to www.fbi.gov and click their link) Call our Local Corruption Hotlines

• Birmingham, AL: (877) 628-2533
• Cincinnati, OH: (614) 744-2139
• Columbia, SC: (803) 551-4200
• Knoxville, TN: (888) 678-6720
• Little Rock, AR: (501) 221-8200
• New York, NY: (877) 363-4723
• Puerto Rico: (877) FBI-SJPR
• Richmond, VA: (804) 627-4597
• Salt Lake City, UT: (866) 50-BRIBE
• San Diego: (877) NO-BRIBE
• San Francisco: (800) 376-5991
• Springfield, IL: (877) U-TIP-OFF
• U.S. Virgin Islands: (340) 774-9296
• More Local FBI Offices

And here is what the FBI Website states regarding specifically Corruption in Schools:

LESSONS IN CRIME? Why Protecting Schools Matters

08/23/06

It’s that time of year…when kids and families are gearing up for the coming school year. We’re gearing up, too, to help keep corruption out of the public school system.
That’s the FBI’s job? Yes, if the individuals involved are government employees, it falls squarely within our public corruption mandate.
Of course, the overwhelming majority of school teachers and administrators are fully and admirably devoted to their students. But even schools and universities are not free of graft and dishonesty…and it does nothing less than put the quality of our country’s education at risk. Corruption robs school budgets of millions of essential dollars…causes students to get inferior books, supplies, and facilities…and perhaps most importantly, sends the wrong message to our nation’s youth.
Here are some examples of cases we’ve worked with our partners in recent weeks and months:

• On Tuesday, a Maryland man was indicted for allegedly buying $1 million in educational software while head of Prince George’s County schools. Why is that a crime? Because, according to the charges, his live-in girlfriend worked for the software company, and the pair split a $20,000 commission on the sale. He is also charged with steering a consulting contract to a former employee in exchange for more than $100,000 in kickbacks.
• While state superintendent of Georgia schools, Linda Schrenko helped steal more than half-a-million dollars by fraudulently writing checks to a fellow conspirator. The money was supposed to pay for computer licenses and services for the Georgia and Atlanta Area Schools for the Deaf and the Governor's Honors Program. Instead, most of it went straight into Schrenko’s pockets: to help fund her ultimately failed campaign for governor and even to pay for her facelift surgery. On July 12, Schrenko was sentenced to eight years in prison for her crimes. (NOTE: this blogger was a Governor's Honors Student in Art in 1969, one year before the age most were chosen, a high honor....only 25 in the state in each subject in high school every year were chosen for the live-in summer program. This latest revelation is sickening to this blogger, knowing how great and expansive that program is for the best and brightest.)
• On June 15, a Maryland elementary school principal named Diane McFarland was convicted of embezzling some $18,000 that was supposed to pay for reading materials for her students and to reimburse teachers for training expenses.
• On April 3, Lorelle Dance, ex-business manager for D.C. public schools, pled guilty to taking nearly $40,000 in bribes from a contractor—including monthly mortgage payments on her house—in return for preferential treatment in obtaining work at several elementary schools.
• Brothers David and Guadalupe Vasquez, one the former superintendent of the Santa Rosa Independent School District and the other a former school board president, were convicted of corruption following an FBI sting. The brothers agreed to rig a contract for school bus tires…for a price—four car tires worth all of $500.
• Carl Coleman, a former risk manager for the New Orleans Public Schools, pled guilty to accepting some $300,000 in kickbacks in exchange for giving contractors favorable treatment on “emergency bid” work. Following this case, the New Orleans Police Department, U.S. Department of Education, FBI, and others created a working group to review and investigate alleged criminal violations in the New Orleans Public Schools. So far, the group’s work has led to over 25 convictions.

We’re doing our part to protect the integrity of the nation’s school systems. Please do your part, too. Help us stop fraud, waste, and corruption in schools and throughout government by submitting tips through our Report Corruption website…or by calling your local FBI office.
Directly copied from :
http://www.fbi.gov/page2/aug06/corruption82306.htm

Asbestos found during Tremco reroofing project while classes were in session - in a Pittsburgh, PA area Elementary School, Sept., 2008

UPDATE:

KDKA in Pittsburgh, PA (CBS) aired a news segment on the story below, with angry parents and school board members yelling at the Tremco Rep. You can see it here:

http://kdka.com/local/Elementary.school.asbestos.2.819273.html

___________________________

According to the articles referred to below in the Pittsburgh Post-Gazette: 

A roofing contractor's workers on an elementary school job in Pittsburgh, PA discovered possible asbestos on the job while performing the work. 

Work continued while tests were made that proved positive for asbestos, with faculty and students left in place. 

A School Board member questioned the Tremco Rep as to why they had not tested the roof for asbestos prior to the start of work; their reply was that the School District had supplied them with documentation that there was no asbestos in the existing roof.  

According to the articles, so far, two School Board Members had not yet received a copy of that documentation said to have been supplied by the School District.

Updates as they happen…… From the Pittsburgh Post-Gazette, excerpts below: 
 

Park Elementary School remains closed

Thursday, September 18, 2008

By Mary Niederberger http://www.post-gazette.com/pg/08262/912974-55.stm
 

"Park Elementary School in Munhall remained closed today as district officials await the results of air sampling tests taken at the school where asbestos was found Sept. 5 during a roof replacement project."



"The district was notified Sept. 8 that core samples taken from the roof tested positive for asbestos. Parents were notified Tuesday afternoon, and 350 students in grades one through five continued to attend the school until it was closed Tuesday night."



"Dave Zazac, a spokesman for the Allegheny County Health Department........said the type of asbestos found in the roof was compressed, rather than airborne, and was unlikely to pose any health risk to students or staff.



Similar comments were made by Bruce Mancini, of Tremco, the roofing project manger, at Tuesday's board meeting. But parents said they did not believe him and questioned why information about the asbestos was kept from them.


At the meeting, Park fourth-grade teacher Kevin Tomasic produced a chunk of the roof that he said a student had given to him. He said the chunk would be sent for testing.


Mr. Zazac .... described the material as 'foam that was bonded to the roof' and said it did not contain asbestos. The district release said contractor Phoenix Roofing notified the district Sept. 5 that workers suspected asbestos was present in the roofing material they were removing."


"When district administrators learned Sept. 8 that the materials tested positive for asbestos, the roofing project was stopped.


Despite those test results, Mark Cherpak, the district's director of operational services, told a Post-Gazette reporter Sept. 11 that the district was still unsure whether asbestos was in the roof.


On Monday, Mr. Cherpak acknowledged that he lied and confirmed that asbestos had been found in six of eight core samples taken from the roof. He said he did so because not all of the school board members knew and he didn't want them reading about it in the newspaper.


The district did not inform parents that asbestos was in the roof until after an article about it appeared Tuesday in the Post-Gazette. That afternoon, students took home a letter in their weekly information folder from the school."


"Mrs. Cannon and other board members questioned Mr. Mancini on Tuesday about why his firm didn't test roof samples for asbestos before embarking on the project. Mr. Mancini said the district provided him with an asbestos inspection report from 2005 that said the school was asbestos-free.


Board members told Mr. Cherpak they wanted to see copies of that report to determine who did the inspection. As of yesterday, neither Mrs. Terrick nor Mrs. Cannon had received a copy.


Mrs. Cannon expressed anger at Tuesday's meeting that the roofing project was still in process during the school year. She said the schedule for the project called for it to be completed before school started Aug. 28.


If the project had gone as scheduled, she said, the asbestos problem would have been discovered 'before the kids ever went into that building.' "



And excerpts below from:

Asbestos closes Munhall school

Wednesday, September 17, 2008

By Mary Niederberger

http://www.post-gazette.com/pg/08261/912686-55.stm
 
"Two days after Steel Valley school officials acknowledged asbestos had been found in the roof of Park Elementary School, district officials announced that the school will be closed until concerns over the asbestos have been resolved."

"The roofing contractor, Phoenix Roofing, has submitted an asbestos abatement plan to the health department, and board members said last night they also want to review that document. 

The discovery of the asbestos did not become public until yesterday, when it was published in an article in the Pittsburgh Post-Gazette. That disclosure, and a letter that was sent home with students yesterday, brought dozens of parents to last night's board meeting, many of them expressing concern for their children's safety.


On Monday, the district's director of operations, Mark Cherpak, confirmed for the Post-Gazette that repair work on the roof had stopped and that asbestos had been found in the core samples.


Mr. Cherpak also acknowledged that he lied to a Post-Gazette reporter when he was asked on Sept. 11 if there was asbestos in the school building's roof. At the time, he said the tests on the core samples had not been completed. However, the district received the report on the core samples on Sept. 8, and board members were briefed on the results the following day."



"At last night's meeting, Bruce Mancini, of Tremco, the firm that is supplying materials for the roofing project, told parents that the asbestos found in the roof was not friable, or airborne, and posed no health threat.



Acting board President Pam Terrick said students would not return to the school until officials were assured by county health officials that the school was safe."

Indiana State Attorney General rules the Educational Purchasing Agency Scheme Illegal

The Indiana State Attorney General has ruled as of November 3rd, 2008 that all construction contracts have to be competitively bid and that the roofing products specifically cannot be purchased through a Purchasing Association! 

For those in the roofing industry - this is a major step towards competitive bids required in school roofing - not to mention all other products. Here's to sense and sensibility - and good laws! 

The key parts of the ruling:?

"...the purpose of the public work statute and its bidding requirements is to protect the public by ensuring that the process is competitive." and "...the conclusion that roof repair/replacement projects are not subject to the public work statutes would be contrary to the spirit and purpose of the public works law." and "...Regardless of the cost, all public work projects have certain statutory requirements related to bids and quotes that must be observed before contracts are awarded for the project." and "...Upon declaration of an emergency, a contract for a public work project may be awarded without advertising for bids or quotes are invited from at least two (2) persons known to deal in the work required to be done." Note: Statutes govern who can specify construction products, particularly related to fire-rated products and on public buildings. 

 Further, as in the post below, the FBI has caught a New Orleans Administrator using "emergency" work in a way some of you are all too familiar with:
" Carl Coleman, a former risk manager for the New Orleans Public Schools, pled guilty to accepting some $300,000 in kickbacks in exchange for giving contractors favorable treatment on “emergency bid” work. Following this case, the New Orleans Police Department, U.S. Department of Education, FBI, and others created a working group to review and investigate alleged criminal violations in the New Orleans Public Schools. So far, the group’s work has led to over 25 convictions." 

 And here's the letter: You can see it also at Diana Vice's blog, at: http://diana-vice.blogspot.com/2008/11/breaking-news-attorney-general-steve.html

The Pittsburgh PA area wins again!

Congratulations, Ellwood City! The Pittsburgh Pennsylvania area has sure "gotten it" in some school districts where you have gotten savvy to how certain manufacturers and not just in roofing target your schools for overcharges and construction done again way tooooooo soon!

Your area districts got it also in regular bidding contracts again, and we reprinted your presentation here: It's a great model for opening others' eyes!!!

 For those who want to know what happened, here is the article from the Ellwood City Ledger: (located at: http://www.zwire.com/site/index.cfm?newsid=19431938&BRD=2724&PAG=461&dept_id=563781&rfi=8
 

Rescinded roofing contract victory for minority
 

Nicole Madgar, Ledger Staff

03/27/2008

NORTH SEWICKLEY TWP. -

"In a triumph for the Riverside School Board's minority, members Derek MacKay, Emmett Santillo and Amy Marberger presented a decision-changing argument Wednesday to reinforce their belief the board voted prematurely for a contract to replace the high school roof.

Just nine days earlier, the board voted unanimously to have Weatherproofing Technologies of Cleveland replace the roof prior to the start of the next school year.

That decision was unanimously overturned at a special meeting Wednesday.

At the start of the three-hour meeting, several board members were agitated that MacKay had even called it. Bob Snyder, board president, said that in the three months prior to the vote, no members raised any serious concerns with using Weatherproofing Technologies Inc., a subdivision of Tremco in Ohio.  

MacKay and Santillo said had they been provided information about pending lawsuits against Tremco or been presented with a cost comparison for other roofing contractors, they would have voted differently.

Superintendent David Parry said he had seen information on an Internet blog about litigation concerning Tremco in Indiana, but did not remember when."  

[Note: Diana Vice's blog - she is specifically involved in exposing the newer educational purchasing association aspect of the scam.]

"Parry said that during the three-month process leading to the vote on Tremco's contract, he was concerned about determining whether the district should join the Association of Educational Purchasing Agencies and forgo the bidding process. He said he spoke with five other school districts and a representative from UPMC Shadyside, who all gave Tremco an extremely high recommendation."
- - - - - - 

[Note: to those not in the know - Tremco is the chosen roofing materials provider through the Association of Educational Purchasing Agencies. It is documented that Tremco was instrumental in assuring that selection.

There are two known parts to the roofing scam targeting schools: 

 One is the traditional path, through bidding on {illegally} sole-sourced construction products in construction specifications, known as contract documents, or through school purchasing associations - much more recent than the now over 40-year marketing scam attached to SBS modified bitumen roofing products by certain manufacturers. See here for graphic charts that clearly describe the way bidding documents should be prepared, how they are prepared in the scams....and how the educational purchasing association process was subverted by tremco: http://schoolroofingscam.blogspot.com/2008/02/roles-responsibilities-of-facility.html

The problem for those using the latter path, that of buying roofing products through a purchasing association, is that those doing so are practicing architecture and engineering without a license, could be doing so without the approvals of building permit officials and lack of obtaining building permits, and possibly without the approval of School District Officials, including School Boards.

Roofing Products are fire-rated materials that must be specified by architects and possibly engineers; conditions on roofs and the elements to which they are exposed demand - for standard of due care issues - that Registered Roof Consultants (RRC's) not tied to any manufacturer have bona fide roof testing labs look at existing conditions, and that the RRC's do the design in conjunction with architects. During construction, the owner should only employ a Registered Roof Observer (RRO), not tied to any manufacturer, in order to protect the life, safety, health and welfare of the public.}

- - - - - -
" 'It's the responsibility of the superintendent to provide the board with enough information to make good decisions," Parry said. "In hindsight, I should have shared the information.'

 In addition, the decision to use Tremco was pushed ahead because of concerns the roof would not last another year. Mary Hoffman, board secretary, said $15,000 has already been spent on roof repairs since its warranty expired in 2003 or 2004.

Board member Mary Grzelka said her notes showed the roof had been fixed 13 times since 2004 and 33 areas of the roof had leaked. "

" 'If we had accepted bids, sure there could be better ones,' Snyder said, 'but we didn't want to leave our kids in that environment, so we voted to use Tremco and get a roof this year.'

 In addressing litigation involving Tremco, Greg Fox, district solicitor, said that he would need more time to look at each case individually to see whether Tremco was the plaintiff or defendant before determining the validity of the claims.

  Regardless of what information was shared or withheld, MacKay's actions led to the Pennsylvania Department of Education's rejection of Tremco's contract with Riverside.

In a letter addressed to MacKay, a department representative said that engineering or architectural services for the project must be obtained by the district, not through Tremco and the purchasing agencies organization.

 That letter left the board with decisions to rescind the contract with Tremco or hire an outside architect at an additional cost to Tremco's quote of just under $2 million.

Prior to making their decision, the board heard from Phillip Foreman, owner of Foreman Architects Engineers, which was hired at the March 17 meeting to do a capital improvement study. Foreman said his company could get the roofing job done this summer if hired by the district in the next two weeks.

Its estimated cost was $1.5 million to $1.6 million, plus a 6 percent architect fee of approximately $96,000.

Foreman also said that, if the project was not completed by the start of school, work could be done with students in the classroom. Foreman said should Riverside use his firm, its design company, PerFOREMANce Roofing Design, would design drawings and specifications for the project.

Foreman Architects would then put the project out for bid to contractors."

 " 'Professional registered architects and professional registered engineers would observe the installation of the roofing system," Foreman said. Most manufacturers of flat roofing systems provide a 20-year warranty on their product, Foreman said. After the contractor installs the roof, that warranty would then be handed over to the district.  

In Tremco's defense, Rich Kosuda, a senior field adviser for the company, said that any legal questions could be addressed with Tremco's legal department."

" 'We've proved we are the leader in the roofing industry,' Kosuda said, saying the company has had 350 projects in Pennsylvania with 150 school districts."
©Ellwood City Ledger 2008

Pardon the Personal Note: A Tribute

If you are wondering where I got my tenacity, you are looking at him.

May he rest in peace. Ovid Sylvester Campbell, II
June 19, 1928 - August 17, 2008 (b. Grafton, W.Va., d. Atlanta, Ga.)

Named for:
One of his father's brothers, Dr. Ovid Sylvester Campbell of Grafton, West Virginia. Graduate of Johns Hopkins in the early 1900's , he practiced medicine until he was 94 and passed away at 97.

Nickname while he flew at Eastern Airlines in the late 1950's and early 1960's:
Henry Fonda

Favorite Hobbies:
Gardening & Cars

No. of wives:
Two - one our mother, for 27 years, of Swiss/German heritage from Southwestern Pennsylvania, and whose family has contributed much to the United States

The second, a Swede from Chicago, for 26 years, was an artist from the Chicago Art Institute and who ran the Art/Advertising Dept. at Rich's - over 100 year old high-end Department Store in Atlanta, and who passed two years prior to him.

No. of children:
5 plus 3 step (located in 4 states and three countries)

No. of grandchildren:
4 grandsons, two of which speak two languages fluently
4 granddaughters, who speak two languages fluently and live in Europe
All very bright - and one already playing as a professional musician, working out of New York City. That grandson, the oldest of all of them, got into Julliard....
He's on the right, the oldest grandson.....Evan Mazunik....and the Wings' Drummer is on the left.
At a recording session in New York City, Thanksgiving week, 2007.

Ovid passed along the bright genes in the area of arts and technical problem-solving skills; the music and writing talents of some of us come from our mother's side, also just as bright. We are humbly grateful for those gifts, and strive to use our talents to everyone's benefit - and to pass what we can along.

IQ:
Lockheed Georgia tested him in 1961 at 166. Speaking slow deliberately and putting on a hillbilly accent, they didn't believe it. Second time, he tested at 167. He also had a very fast, imperceptible and smart, witty sense of humor.

Strongest Personality Traits:
Survivor, tenacious, brain that worked like an extremely fast Rubix cube - flying, in fact, to solutions no one else thought of - and funny. Staunch Republican, like the whole family, he kept a Union Civil War rifle that belonged to his great uncles out of the Philippi, W. Va. area in the Civil War - in Atlanta. Under his bed, in fact. Later, he told us that two of his Great Uncles, Union Soldiers from West Virginia, had died at Andersonville, Georgia, during the Civil War.

Influence on our Careers:
Every year, he would take us from Atlanta across the Mason-Dixon Line to West Virginia and Western Pennsylvania to see our considerable family.

One of those first years, when I was 7, he took us to Monticello in Charlottesville, Virginia, where our family came from and had been while Thomas Jefferson lived there. He showed us the remarkable inventions of Thomas Jefferson beyond the tour, including some outside of the house and servicing functions within. That was when I knew I wanted to become an architect.

Work: Air Force:
Flew nine passes through the mushroom clouds for Sandia Labs out of New Mexico, at their Nevada test site, C-47 Crew Chief, early 1950's

Martin Aircraft:
Working on research teams, he found himself working circles around guys with Ph.D.'s He left when the owner's son wanted him to help "spirit" supplies out past the guards. (Sound familiar?)

Eastern Airlines:
Pre-Jet Era First training flight up, the 25-year veteran pilot came in 600 feet short of the runway in 6 feet of snow, in a Lockheed Constellation (a "Connie"), at MacArthur Airfield, Long Island, NY, January 1958.

Dad was pinned up against the dash (Flight Engineer) and the firemen got him out just before the flames took hold.

The next day, Eddie Rickenbacker stood by his hospital bedside for the NY Times Photographer to take the picture - for the front page of the paper. Eddie Rickenbacker offered to have him taken care of for life and never having to fly again - and Dad looked at him like he was crazy and turned that offer flat down!

Turned out the photographer, John Radosta, was the son-in-law of Dad's uncle, the Dr. for whom he was named. John Radosta later became the NY Times Sports Editor, and we saw him and his wife whenever they came through Atlanta.

Photos Courtesy of the New York Times

And then there was a second incident, while taxiing for takeoff at LaGuardia Airport on Long Island, New York (now JFK Airport for the younger guys), the left landing gear collapses on them in a Lockheed Galaxy.

Photo Courtesy of the New York Times

Yes, the plane all of a sudden sat down on the ground, when ready for takeoff!

Photo Courtesy of the New York Times

He later told me that the "Queen of Egypt" was on the flight. Well, if there was one, I would believe it. If not, it was his usual wit, as he could have been describing sooooome kind of lady on that plane! (And some of you wonder where I got the wit from!)

Lockheed Georgia:
One of their 72 Worldwide Tech Reps for their C-130's, and partially during the Vietnam War

Posted internationally to:
Capetown, South Africa, during rioting Jerusalem, Israel during the Six-Day War - and turned both down for his family's safety

Posted domestically to:
Wright Patterson AFB (Dayton, Ohio)
Lackawana AFB (Buffalo, NY)
Pope AFB (Fayetteville, NC)

One incident at Pope AFB stands out - other than watching the jado rockets on the backs of C-128's taking off in short runway lengths.

One day, my Dad took us to meet the General at the Base. We walked into the hangar, and met a lot of folks along a very long table, facing us. The General was introduced to each of us. When it got my turn, I looked at him and said, "Are you the man giving my Daddy so much trouble?"

Everyone cracked up as much as they could with those uniforms on, and my Dad almost passed out. I was only 12. Portents of things to come.....

Another incident surrounding his work at Lackawanna AFB really stood out. He brought us up from Atlanta for the summer to Buffalo, New York.

Now if you have lived in both places, you would instantly recognize that this was not a move up. It was the summer of 1971, and we were definitely living way too close to others in those Archie-bunker style houses. We thought we had hit the slums.

He was terrified that we would say the word "Mafia" and we were strictly forbidden from doing so. He said a lot of the civilians at the AFB were - they thought - involved. And he said that they kept trying to get him to join........

Worse, we lived about two blocks from the Western New York Mafia Chief's Funeral Home, where shortly after arriving, a casket shipped from that Funeral Home was found to have two, not one, bodies in it when it arrived in Ohio.

But one day, he took all five of us kids on a trip to the outside of the home of that Western New York Mafia Chief. He drove up in front of that home, with a long white picket fence and a long white frame house set up on the hill (escarpment), lots of green yard up to it....and told us to be quiet and just sit there and look straight ahead.

After about 10-15 minutes, he drove off. And I knew what he had done, later.

He was saying, "I have a family and will not be involved."

In West Virginia-speak, that meant "butt the you know what out" and don't even think about it....my family comes first.....

Never ever mess with a West Virginia hillbilly!

Federal Aviation, Southeast Region:
Retired as a GS 17 - was an Air Carrier Maintenance Inspector.

Delta VP's were screaming bloody murder at the fines levied by the FAA after one of his inspections ($300,000 in the mid-70's) - he could listen to a jet engine and tell what was wrong immediately, brought in on crashes.

He found himself assigned to "tough guys' " airlines...if you get my drift.... the only one willing/able to do it, apparently. They probably had heard about what he did with the repeated invitations to join the "tough guys" at Lackawana AFB............

A number of times, he had to listen to tapes of planes crashing, some of the guys having been ones he had known or flown with at Eastern. It was crushing. He could usually tell what was wrong with the plane if mechanical issues were involved, from the recordings.

But one time, in the late 1970's, he checked out a Southern Airways flight, No. 242, before it took off and headed northwest from the Atlanta Airport to Huntsville, Alabama, turned around and came back to Atlanta. He went across the highway to the FAA Southeast Region headquarters, started typing up the report, and heard it had crashed in bad weather northwest of Atlanta.

I was just getting out of Georgia Tech, last quarter before my first job, and he called, sobbing, at about 3 am. He said that he got to the site and found people walking around, dazed, with their skin peeled off and no clothes...some of the ones who survived. He said he walked over to the engines and looked and knew immediately what had happened. He saw that the moving parts - the fans - in the engines were melted together, not moving.

He suspected what the subsequent investigation showed: without a Flight Engineer on the plane, the Pilot and Copilot did not see that the engines were heating way too much when they applied more fuel and tried to force them to start back up - melting the parts together so that they would never move again.

The problem was that when they flew through the hailstorm, the engines got ingested with hail, stopping the fans from moving, causing the engines to stop in mid-air - and then the parts got melted from the overheating by applying more "fuel to the fire". 

The FAA findings on the same is located on the Aircraft Owners and Pilot Association, here:   
http://www.aopa.org/asf/asfarticles/sp9808.html

Oprah has had the TV reports on air that actually show him walking around at the crash site in a yellow slicker - the same report that he pointed himself out on to us at the time.

About 30 men came to his funeral from the FAA that had been trained by the Tuskegee Airmen - a great honor.

Favorite sayings:
"I never met a vegetable I didn't like!" and could he grow some of the best anyone ever tasted! (He used chicken you-know-what on his tomatoes, the tomatoes called the best-tasting ever by those who ate them!)

His gardens & land:

At the home in Dunwoody, Georgia where he lived (northern suburb of Atlanta) - the tiny azaleas in the yard with 15' diameter azaleas (not shown), and Dogwoods laced through the pines on 2 acres:

Copyright 1991-2009 by Janet C. Campbell

At his farm on the top of a mountain in the lower whip-tail end of the Appalachians, in North Georgia, Fall, 2007:

Copyright 2007 - 2009 by David K. Campbell

With one of his five siblings in the early 1950's:
This is him on the right, to the left in the picture is John Campbell, his younger brother, who had just made the major leagues in baseball out of the Virginia farm teams as a pitcher.

John got very ill with a life-altering disease shortly thereafter and had to leave the game.

They are pictured on the farm they grew up on, where the family were the first white settlers in this area of Virginia in the 1780's, now the eastern part of West Virginia. The farm was sold to family in the 1990's.

Much of the family is buried there, for the past 200 years. Previously, they were in Charlottesville, Va. from the 1720's to the 1780's and before that, in Jamestown, Virgina, where we came to the Americas in the 1680's from Scotland, prior to the Glencoe Massacre in Scotland in the early 1690's.
Church Affiliations:
Born and Raised a Methodist From the early 1950's to the early 1980's, Plymouth Brethren To the end, Mount Paran Road Church of God in Atlanta - a huge congregation.
Copyright 1980-2009 by Janet C. Campbell

The Campbell Family's Methodist Church Near Audra State Park, Volga, West Virginia


May He Rest In Peace

Georgia National Cemetery, Canton, Georgia Copyright 2008 by David K. Campbell Copyright 2008 by David K. Campbell