FDNY - LMDC - LMCCC Interactions
QUESTION: Why did LMDC proceed without "a fire safety plan" ... "created, and reviewed with FDNY and approved by them." LMDC said it was necessary in the FGEIS, (see below). Why did LMDC proceed without one for 130 Liberty Street? LMDC uses the words: "created", "reviewed" and "approved" by FDNY. Why proceed without it?
March 28, 2006 Second Site Visit of CH2MHILL on behalf of US EPA to 130 Liberty Street. The visit is not as significant as who received and did not receive the email about the report of the visit. The following received email: Us EPA, NYS DEC, NYS DOL, NYC DEP, & NYC DOB. Not receiving email of the report is FDNY. By March 28, 2006, FDNY is out of the picture in terms of supervision of the project by regulators. Other agencies have jurisdiction including NYC DOB. FDNY is excluded.
March 21, 2006 The initial site visit of CH2MHILL and EPA to 130 Liberty Street and the initial kickoff meeting. Bovis gives them iniitial safety training. TRC contributes to their iniital safety training in regards to "general site rules and procedures". FDNY is not present of the initial kickoff meeting or for the initial site inspecton (Note: EPA enters the picture and FDNY exits. Coincidence?)
March 2006 In mid-March, the Lower Manhattan Development Corporation announced the completion of the exterior scaffolding and the start of abatement of 130 Liberty Street, as well as the installation of the tower crane. This will allow for physical floor by floor deconstruction to begin in June. The building is expected to be deconstructed by spring of 2007. LMDC President Stefan Pryor said, “We've worked closely with the community and federal, state and local regulatory agencies to ensure this process is carried out in a safe and effective manner.” General contractor Bovis Lend Lease has hired John Galt Corporation as the abatement and deconstruction subcontractor. Required notifications for the abatement have been submitted to the New York State Department of Labor, New York City Department of Environmental Protection, and the United States Environmental Protection Agency. LMDC acquired 130 Liberty Street, the former Deutsche Bank Building, in 2004 and hired environmental consultants to conduct environmental testing and characterization of the building. The results of these tests are public, and a daily exterior air monitoring program was implemented by the LMDC to protect the surrounding neighborhood throughout the deconstruction process. This program includes 12 air monitors in and around the site to measure the environmental impact at all stages of the project. There are also on-site safety managers and an LMDC representative at the site. Click Here.
When LMDC President Stefan Pryor said that LMDC has "worked closely" with "local regulatory agencies", did he mean FDNY? Was FDNY included or excluded from involvement? Moreover, who were and what were they doing? "On-site safety managers". Notice the word 'managers' is in the plural not the singular. "LMDC representative at the site". Who were they and what were they doing?
... LMDC also meets regularly with New York City Fire Department (FDNY) ... to brief them on the project"
Moreover, LMDC said that FDNY would send a representative to 12/7/2005 Community Board 1 meeting to present information on emergency response protocols. Note: Captain Peter Bosco never met with LMDC nor attended a Community Board 1 meeting. Moreover, FDNY never instructed him to meet with LMDC or attend Community Board 1 Meetings. Meeting with LMDC and going to Community Board 1 meetings were above his rank of Captain of the local firehouse.
2/17/2005 Kevin M. Rampe, the President of the Lower Manhattan Development Corporation testifies to the Select Committee on Lower Manhattan Development of the Council of the City of New York about Demolition of 9/11 Contaminated Buildings: Which Government Agencies are Responsible? (Click here to read it) He testified that
The LMDC has also been meeting with other State and City agencies that will or may be involved in the project, including the Office of Emergency Management, the Fire Department, the Police Department, the Department of Health and Mental Hygiene, the Department of Transportation, and the MTA. We will continue to meet with these agencies as necessary and expect to receive collective comments from additional city agencies regarding the deconstruction plan prior to beginning work.
In addition, he testified that
We will continue to work closely with the regulatory agencies as they provide us with comments and feedback on our plans. They are the experts in their specific fields and we are grateful for their coordinated response to date. We look forward to working with all the agencies until completion of this project.
Note: Captain Peter Bosco never met with LMDC and LMDC never worked with him. Moreover, FDNY never instructed him to meet with LMDC or to work with LMDC. Working with LMDC and meeting with LMDC was above his rank of Captain of the local firehouse.
January 27, 2005 Has LMDC had any contact with the local fire station?
LMDC's deconstruction contractor Gilbane has an on-site emergency response coordinator at 130 Liberty Street at all times. The Chief Emergency Response Coordinator is John Graves and John has been in contact with Engine 10/ Ladder 10 several times to coordinate response protocol and share information. The LMDC has also coordinated with the firehouse in regards to access and circulation around the station for proper clearance and space availability for the firefighters to be able to respond to emergencies in proper fashion. The firehouse has received the draft Phase I deconstruction plan for their review and the LMDC will continue to meet with them to discuss the deconstruction plans in depth and ensure a proper understanding of information surrounding the project. Click Here.
11/22/2004 The Governor of the State of New York and the Mayor of the City of New York issue executive orders creating the LMCCC. To see the gubernatorial executive order, click here and to see the mayoral executive order click here. To read an analysis of them click here. Both speak of regular FDNY involvement by "Hgh level" FDNY personnel. click here
9/14/2004 the LMDC held a meeting of the 130 Liberty Advisory Committee. The purpose of the meeting was to release the results and give an update on the Initial Building Characterization Study for the Deutsche Bank Building. (See page 7 of the transcript). (For more, click here) FDNY is not present at the meeting. David Ridely of LMDC says that, by the end of the week, LMDC will have spoken with the Ten House and give them materials presumably about the toxicity of 130 Liberty Street. Philip Salmon of LMDC engaged in this dialogue:
Philip Salmon: "I had officially notified the fire department."MR. KUPFERMAN: "The firefighters in that house have not been apprised."Philip Salmon: "But their bosses have."MR. KUPFERMAN, "Okay. But if there is a problem, it's not their bosses who are going into the building."
Kate Mellia of LMDC said on the record that
" I've personally spoken with the engine boss of Engine 10 and I delivered him materials." (See Page 60 of the Transcript)
Note: at this time the only materials in existence were the Initial Building Characteristics Study that showed how toxic 130 Liberty Street was. (Click here, to see more)
Note: No-one from LMDC ever spoke with Captain Peter Bosco. None of Captain Peter Bosco's bosses ever gave him instructions about 130 Liberty Street.
6/2/2004 According to the General Project Plan of LMDC of June 2, 2004 as Amended February 14, 2007, 130 Liberty Street is considered part of what is called "the Sourthern site". (See item #4 Project Location) The General Project Plan can be seen on the LMDC website by clicking here or can be downloaded by clicking here.
LMDC was the lead agency in preparing a Generic Environmental Impact Statement (GEIS) under both Federal and State Law (See item #10 Environmental Review of the General Project Plan). LMDC released the final GEIS in April 2004 (See item #10 Environmental Review of the General Project Plan). Before the release of the final GEIS in April 2004, LMDC accpeted comments upon its draft GEIS.
The comments on the draft GEIS and LMDC response are significant.
The comments are found in Volume 3 of the The World Trade Center Memorial and Redevelopment Plan Final Generic Environmental Impact Statement (FGEIS). The comments can be seen on the LMDC's website by clicking here or by downloading them by clicking here.
Keep in mind that the final GEIS was released in April 0f 2004. This is more than three years before the fatal fire at 130 Liberty Street on August 18, 2007.
It must be noted that FDNY made no comments about the draft GEIS. (See §27.2.1).
The Family Association of Tribeca East (FATE), made comments. FATE was responsible for Comment 93
Comment 93: The Port Authority must commit in the FGEIS to follow best practices during design and construction and agree to follow the recommendations of the New York City Department of Buildings’ World Trade Center Building Code now before the New York City Council. The Port Authority and anyone else in charge of building on the site should include in the design team fire engineers, fire marshals and a National Institute of Technology representative. The FGEIS should include a memorandum of understanding specifically agreeing to make the Project Site subject to the New York City Building codes. The signing of such a memorandum of understanding should be made public and attested to in the FGEIS. The signing of such a memorandum of understanding should be made public and attested to in the FGEIS. (FATE)
In response, LMDC replied
Response: Under the lease between the Port Authority and Silverstein Properties, and under the Port Authority Tenant Construction Review Manual, the Port Authority requirements provide for public safety that is equal to or greater than that provided in the requirements of the New York City Building Code. In accordance with these requirements a fire safety plan for each building is created, and reviewed with FDNY and approved by them.
Again it is important to note that this LMDC response was made more than three years before the August 18, 2007 fatal fire. According to LMDC, "a fire safety plan for each building is created, and reviewed with FDNY and approved by them." But we know that FDNY did not create a fire safety plan for 130 Liberty Street until August 23, 2007 - after the fatal fire. (To see the FDNY's 8/23/2007 fire safety plan, click here.) What happened? Who dropped the ball in seeing that this was done? Note: the creation of a fire safety plan was above the rank of Captain in FDNY. Captain Peter Bosco was not even assigned to the TEN HOUSE when all of this was going on.
Barbara Marion Horn was responsible for Comment 117
Comment 117: FDNY must have a role in the decisions over fire and safety codes for the rebuilding of the WTC Site. (Horn)
In response, LMDC replied
Response: FDNY does have a role pursuant to a number of memoranda of agreement entered into between the Port Authority and FDNY pertaining to fire and safety codes. Each building of the Proposed Action would have a fire safety plan that would be reviewed and approved by FDNY and, where appropriate, other safety review processes.
Again LMDC assures us of FDNY involvement and mentions "... a number of memoranda of agreement entered into between the Port Authority and FDNY pertaining to fire and safety codes." FreePetey.com is working to get its hands on these memoranda of agreement. Note: Captain Peter Bosco had nothing to do with these memoranda. These agreements were made by the very top of FDNY.
FATE was responsible for Comment 323
Comment 323: The FGEIS should include an informed sign-off of the Proposed Action by NYPD and NYFD.(FATE)
In response, LMDC replied
Response: FDNY does have a role pursuant to a number of memoranda of agreement entered into between the Port Authority and FDNY pertaining to fire and safety codes. Each building of the Proposed Action would have a fire safety plan that would be reviewed and approved by FDNY and, where appropriate,
other review processes. Consultation between the Port Authority and NYPD is ongoing.