DEP memo on jurisdictional boundaries for cleanup program contract issues,

NYC 9/11 Public Portal Document

Avaltroni, Robert 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 vioiations,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 liehs 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.l 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: [email protected] [mailto:[email protected]] Sent: Tuesday, October 08, 2002 2:42 PM To: [email protected] Subject: Meeting with Counsel for Independence Plaza on October 3

Dore LaPosta suggested that I forward this message to you and that I give Richard Leland, Esq, of Kramer Levin your phone number. He wants to raise IPN's issues, noted in paragraphs 3 and 4 below, with a manager at DEP to see if you can modify City's agreement with the contractors. Kathy Callahan was not able to reach you by phone yesterday to discuss the issues raised by IPN's counsel. I believe that FranK Schiano discussed this with you. — Forwarded by Beverly Koienberg/R2/USEPA/US on 10/08/02 02:31 PM 1

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