NYC 9/11 Public Portal Document
Smyth^Virgiiriia
From: Barry, Paul [[email protected]]
Sent: Monday, July 01,2002 1:09 PM
To: •[email protected]'; '[email protected]'
Cc: Chacon, Emily
Subject: FW: Unoccupied Buildings
Virginia,
Our OGC noted the $5m for unoccupied buildings on the matrix, and requested
answers to the questions noted below. Our initial take on this is that, if
its eligible, it'll go as a separate PW.
Thanks
Paul
---- Original Message-----
From: Hagerty, Steve
Sent: Monday, July 01, 2002 12:45
To: Barry, Paul; Chacon, Emily
Cc: Sevier, Adrian; Connolly, Gerald; Teeri, Bob; Gair, Brad
Subject: FW: Unoccupied Buildings
Paul, Emily,
Please obtain information from DEP that will allow us to address Adrian’s
questions.
Thanks,
Steve
---- Original Message
From: Sevier, Adrian
Sent: Monday, July 01, 2002 12:34
To: Hagerty, Steve ‘
Cc: Barry, Paul; Chacon, Emily
Subject: RE: Unoccupied Buildings
Thanks Steve. I saw $5,000,000 for this in the interior cleaning matrix. I
do have significant concerns about this and they are as follows: 1) What
efforts has the City made to compel owners to clean the buildings?; 2) Does
the City have legal means to compel owners to clean the buildings and has
the City exhausted all legal remedies?; 3) Will liens be placed on the
buildings?; 4)How will insurance be addressed?; and 5)Assuming there is
absolutely no other option but for the government to step in and clean, will
the City be able to produce very specific, documented reasons why these
buildings, present a public health and safety threat? As I have indicated
before, the standards for determining any risk should be different for
unoccupied buildings. If peope are not occupying and using the buildings on
a day to day basis, then the City will presumably have to rely on a
reentrainment argument. For any building interiors that are presently
sealed up, one would think the City could address any danger of
reentrainment by forcibly sealing the building and instituting legal
proceedings to force the owner to clean — if there is a health and safety
threat.
Adrian Sevier
FEMA
Office of General Counsel
500 "C" St., SW
1
NYC-WTC_000140892
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