Letter from PA Attorney Richard Ben-Veniste to Deputy Chancellor Klasfeld - 6/27/02
From: Richard Ben-Veniste
MAYER, BROWN, ROWE & MAW
1909 K STREET, N.W.
WASHINGTON, D.C. 20006-1101
VIA FACSIMILE AND FIRST CLASS MAIL
To: David Klasfeld
Deputy Chancellor for Operations
N.Y.C. Board of Education
110 Livingston Street
Brooklyn, NY 11201
Re: Stuyvesant High School
Dear Mr. Klasfeld:
Thank you for your letter to me of June 26, 2002, promising that the Board of Education will clean the unit ventilators at Stuyvesant High School this summer, and will seek funding from FEMA to "further" clean the central air ducts. As you know, I have had direct contact with Brad Gair at FEMA with regard to FEMA's willingness to reimburse the BOE for cleaning the ventilators and ducts. Since Craig Levine told me on Tuesday that you would be meeting with Mr. Gair today, I telephoned Mr. Gair last evening. He reiterated that FEMA was willing to reimburse the BOE for "physical cleaning" of the entire duct system on the understanding that no physical scrubbing of the ducts had been undertaken since the September 11 disaster. He stated that he was not previously advised that the ducts had not been physically cleaned, and believed that the meeting would focus on why the ducts needed to be physically scrubbed a second time after September 11.
Indeed, Mr. Gair went so far as to say that a meeting would not even be necessary to secure FEMA's commitment - that a conference call would suffice. Mr. Gair said he was available immediately to repeat to the BOE what he had told me. I immediately tried to reach you and was told by Craig Levine that you had already left your office. I offered to conference Craig Levine with Brad Gair, but Mr. Levine declined my offer. Mr. Gair said he was willing to interrupt his schedule today to provide assurances to you directly, in lieu of a meeting.
With respect to the protocol for cleaning the unit ventilators we discussed briefly last evening, you expressed your belief that the protocol which would be employed was probably more comprehensive than that set forth by the PA's expert, which I had attached to my letter to you of June 21, 2002. That being said, and in the spirit of cooperation, I hope you will agree to a consultative process with the PA's expert regarding plans for the proposed remediation. We will be happy to assist in that process.
Very truly yours,
Richard Ben-Veniste
cc: Mr. Brad Gair, Federal Coordinating Officer,
Office of Regional Director, Region II, FEMA
Marilena Christodoulou, President, Stuyvesant High School Parents' Association
Dale Bernstein, Co-president-elect, Stuyvesant High School Parents' Association
H. A. Bader, H. A. Bader Consultants, Inc., Environmental Consulting Engineers
Craig Levine, Director of Special Projects, Office of the Chancellor
Jonathan Shiffman, Esq., Mayer, Brown, Rowe & Maw
