NYC 9/11 Public Portal Document
r
Gilsenan, Michael
From: Gilsenan, Michael
Sent: Wednesday, October 09, 2002 12:10 PM
To: Schiano, Frank
Cc: Avaltroni, Robert; Sturcken, Charles
Subject: RE: Meeting with Counsel for Independence Plaza on October 3
Frank,
I spoke to Bob regarding the request made to EPA from the attorney of the potential
Independence Plaza buyer. Their attorney is asking DEP to become involved in an issue
that is not related to the clean up program. The contract is the contract and, as you
suggested, would require modifications that are problematic. Also, DEP should not become
involved in the purchase of private property between private citizens. The issues this
attorney wants to speak about are not issues related to the clean up program and fall
outside of our decision- making level.
This is an EPA-run program with DEP acting as the procurement agency. EPA's attorneys
need to contact this attorney to work out the details regarding the access agreement.
They should not be referring it to DEP as a contract issue. If an Independence Plaza
attorney calls, I will refer him to EPA and to you as a last resort. Thanks,
Mike
---- Original Message----
From: Schiano, Frank
Sent: Wednesday, October 09, 2002 9:44 AM
To: Gilsenan, Michael; Sturcken, Charles
Cc: Avaltroni, Robert
Subject: RE: Meeting with Counsel for Independence Plaza on October 3
I spoke to Bob about this on Monday. They have three issues,two of which would involve
DEP giving them assurances concerning the removal of liens and violations,which I don't
think we want to get involved with and the third would require the contracts be modified
to require the contactors to remove liens which sounds problematic giving the fact that
they are already unhappy. Beverly indicated that this attorney felt he had to speak to
someone on a decision making level at DEP such as a Deputy Commissioner. Bob indicated
that he had no problem speaking to him but was unavailable Monday and Tuesday therefore
they should be referred to Mike. Also he though that either he or Mike should discuss the
various issues concerning Independence Plaza with Kathy Callahan before speaking to this
attorney.
---- Original Message----
From: Gilsenan, Michael
Sent: Tuesday, October 08, 2002 5:45 PM
To: Schiano, Frank; Sturcken, Charles
Cc: Avaltroni, Robert
Subject: FW: Meeting with Counsel for Independence Plaza on October 3
Frank-Epa public affairs called me this afternoon re. attached e-mail.I informed
them that the attorney should be speaking to someone from our legal dept. Charlie-
Mary Mears said,"that the Tri-Becca Tribune called her office regarding this issue".Also
be aware that the carpet issue is one in which Epa has to come to grips with. Our position
was articulated to Cathy Callahan at a meeting last
Thurs.
---- Original Message-----
From: Kolenberg.BeverlySepamail.epa.gov
[mailto:[email protected]]
Sent: Tuesday, October 08, 2002 2:42 PM
To: michaelgi8dep.nyc.gov
Subject: Meeting with Counsel for Independence Plaza on October 3
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