November 2002 Articles (Back to Relevant Articles by Month)
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New
Test for 9/11 IDs Is Moving Much Slower Than Scientists Hoped,
Empty Chairs at Troubled Tables, by Maggie Haberman, NY Daily News, 11/28/2
Feds Urged Not to Shut Aid Window, By Eilis Quinn, NY Daily News, 11/28/2
FEMAs Latest Bungle: P.O. Box for 9/11 Aid Shut for Nonpayment, by David W. Chen, NY TImes, 11/17/2
Hardest-Hit Small Businesses to Get Leftover 9/11 Aid, by Joseph P. Fried, NY Times, 11/23/2
EPA Cleanup Leaves Woman in the Dust, by Juan Gonzalez, NY Daily News, 11/21/2002
Dangerous Heart Rhythms Increased After 9/11, by Lawrence K. Altman, NY Times, 11/21/2
Planners Want to Double Retail Space at Trade Center, by Edward Wyatt, NY Times, 11/21/2
Developer Stalks His Prize in the Wilds Downtown, by Robin Finn, NY Times, 11/21/2
S.I. Anger At Victim-Fund Bosss Third World Slap, By Deborah Orin, NY Post, 11/20/2
Fund-Masters Gibe Riles S.I., By Timothy J. Burger and Maggie Haberman, NY Daily News, 11/20/2
Terror Insurers $Tick It To MTA, By Clemente Lisi, NY Post, 11/20/2
Garden Rooftops Popular in Portland, By Gillian Flaccus, AP, 11/19/2
Chinatown Still Reeling After 9/11, By Richard Pyle, AP, 11/19/2
Chinatown in Fiscal Crisis, by Greg Gittrich, NY Daily News, 11/19/2
Subway Staff Lack Training On Terror, By Clemente Lisi, NY Post, 11/19/2
Fuel in Buildings Raises Concern, by Charles V. Bagli, NY Times, 11/19/2
Inside WTC Graveyard, By William Neuman, NY Post, 11/18/2
From
Middle Class to the Shelter Door,
Special Interest Items Part of Homeland Security Bill, By Thomas Frank, NY Newsday, 11/16/2
Taxman on Hunt Near Ground Zero, By Maggie Haberman and Greg Gittrich, NY Daily News, 11/15/2
IRS Claims Cut of 9/11 Downtown Grant Chex, By William Neuman, NY Post, 11/15/2
Tenants Fight Complex Buy, By Eric Herman, NY Daily News, 11/15/2
Victims Kin Find Fault With Overseer of 9/11 Fund, by David Chen, NY Times, 11/13/2
Study Examines Firefighters Post-9/11, By William Murphy, NY Newsday, 11/12/2
Ironworkers
Job Is Over, but the Trauma Lingers,
9/11
Tape Raised Added Questions on Radio Failures,
Fire
Department Tape Reveals No Awareness of Imminent Doom,
I.R.S.
Says 9/11 Grants to Businesses Are Taxable,
IRS Putting Bite on 9/11 Small-biz Aid, By Greg Gittrich, NY Daily News, Friday, November 8th, 2002
Mediator to Help in WTC Plan, By Greg Gittrich and Maggie Haberman, NY Daily News, Friday, November 8th, 2002
St. Pauls Chapel Slowly Dismantles 9/11 Memorial, By Michael Wilson, NY Times, 11/8/2
LMDCs Future Unclear, By Katia Hetter, NY Newsday, November 6, 2002
Dispute Over Statistics Emerges in Sept. 11 Grants Program, by David W. Chen, NY Times, 11/1/2
NY1 For You: Former WTC Businesses Struggling For More Aid, Susan Jhun, NY1 For You, 11/1/2
New Test for 9/11 ID's Is Moving Much Slower Than Scientists Hoped,
fter months of rigorous preparation, the New York City
medical examiner's office says that a novel genetic testing technique being relied upon to
help identify additional victims of the Sept. 11 terror attack has not produced any
concrete results because the process has unfolded far more slowly than anticipated.
Dr. Robert Shaler, the office's director of forensic biology, said he had hoped that the experimental technique would begin to analyze a huge cache of badly damaged genetic materials from the World Trade Center site in June or July. But because of the magnitude and delicacy of the task, he said, scientists have proceeded cautiously. As a result, the much-awaited results of a pilot test will not be ready until mid-December.
Even so, Dr. Shaler said he was "certainly optimistic," based on preliminary tests, that the new technology would be successful and lead to aspike in the number of identifications. That number has inched upward in an "agonizingly slow" fashion for months, he said, and now rests at 1,439, or 51 percent of those killed.
For months, many families have been clinging to the hope that the new technology combined with other advanced genetic tests conducted on the tiniest fragments of bone and tissue represents the last, best chance of identifying the balance of the 2,795 people who were killed at the trade center.
It is too early to predict whether the final tally approaches the 2,000 figure on which city officials have long focused. Still, with the results from several key tests expected to pour in during the next few weeks, family members say they are feeling tinges of hope, mixed with dread, that the most exhaustive DNA identification effort in history is drawing to a close, and that not everyone will be at peace.
"We're realistic that not all the remains are going to yield DNA," said John Cartier, who lost his brother, James, on Sept. 11. He is a co-founder of Give Your Voice, a victims' relatives group, which has held regular meetings with the medical examiner's office. "There's going to come a point where the medical examiner is going to come to us and say, `Look, we've exhausted all the scientific and medical means.' And we're preparing for that day."
That the medical examiner's office has identified even half of the victims strikes many families and scientists as a remarkable, even heroic, achievement, given that there were only 292 intact bodies recovered from the site, and 19,932 body parts.
Of those 19,932 parts, only 5,404 have been identified. And of the 1,439 victims who have been identified, 709 were identified solely through the use of DNA, according to the medical examiner's office.
Each person's DNA, or genetic code, consists of a string of three billion "base pairs," or large molecules, represented by the letters A, G, C, and T. The sequencing of those four base pairs creates the code for all human characteristics, and variations in those sequences make one person different from another.
Forensic experts can generally work with DNA samples of about 400 base pairs. But as DNA deteriorates, the number of base pairs decreases which is what happened with countless samples from the World Trade Center that were subjected to intense heat and high pressure.
The pace of identification has slowed drastically in recent months as the limits of genetic research have been stretched. Only nine people have been identified this month. Since the one-year anniversary on Sept. 11, only 40 people have been identified.
"Now we're down to the worst of the worst of each sample," said Dr. Kevin C. McElfresh, senior vice president of operations for the Bode Technology Group, which is one of several companies still involved in the 11th-hour effort to identify more remains.
In mid-December, the city expects to see the first results of some new and more refined
tests being conducted by Bode. The city also expects results from another company,
But according to Dr. Shaler, the most promising chance of a breakthrough lies in a genetic test, developed by a company called Orchid Cellmark, involving single nucleotide polymorphisms, known as SNPS.
The SNPS, in brief, are telltale variations in single base pairs scattered throughout the genome, as when an A is found instead of a T. The SNPS can be found even when a victim's DNA has been truncated into fragments as short as 60 to 80 base pairs, said Mark Stolorow, executive director of Orchid Cellmark. The hope, according to Dr. Shaler, is that the shorter strands can be definitively matched to a reference sample from the thousands of toothbrushes, razors, pieces of clothing and other items that were collected from victims' relatives.
So far, Orchid Cellmark has conducted extensive preliminary work, as well as a trial run of DNA samples. Early results have been promising. But there has been a delay, Dr. Shaler said, in making sure that the technology is ready for use.
"I had thought it would have been faster," he said. "But it takes time to start from scratch and build an entirely new test and make it work. And we know this is going to work."
Scientists involved with the identification endeavor expect the bulk of the final tests to be finished within a few months. But even then, an asterisk is in order, for the medical examiner's office has begun to preserve all the body parts in the event that one day, further advances in technology will enable the identification of even more people.
Empty Chairs at Troubled Tables, by Maggie Haberman, NY Daily News, 11/28/2
Last year, Claire Reilly Walcovy's Thanksgiving table
was filled with extended family and friends who gathered to hold her hand after her son,
Tim, died in the World Trade Center.
Today, it's just Walcovy and her immediate family coming together in her Larchmont home.
The stunned nation that grieved with the families last year has let the memory drift away - just as the relatives are awakening from their shock.
"It was sort of like when [John] Kennedy was shot - the whole country was in mourning," the Westchester County woman said of the months right after the Sept. 11 attacks.
"Now nobody even asks you how you're doing. You're just supposed to get on with it," Walcovy said. "People's memories fade fast when they're not involved. But I can't imagine forgetting it."
Tim, the middle child and a 40-year-old vice president at Marsh & McLennan, was the "free spirit" who always brought an unannounced guest, the one who loved to make toasts honoring his family's accomplishments.
"Tim was the one who made sure there was enough cheer to go around," Walcovy said. "And nobody's really picked up the slack."
One thing is the same as last year: The family is still waiting for Tim's remains to be identified.
"We don't even have a briefcase, a watch - nothing to prove that he was there that day," she said. "You don't enjoy the holidays anymore. It's not that you don't love your children that are here, but when you all get together, you know who's missing."
On Staten Island, Jennifer Nilsen has had a sense of dread for the last week.
"Last year, we were kind of in shock," said Nilsen, who wasn't able to reach her husband, Troy, before the Twin Towers fell. "Some people had some hope - maybe [their relatives] are still out there somewhere."
This year, the mother of two - Scott, 6, and Ryan, 4 - will make the yearly trip to Troy's parents' house, but her heart isn't in it.
"I don't want to celebrate a holiday," she said. "I don't really acknowledge any, even Mother's Day. The only thing I really do is the kids' birthdays."
Thanksgiving, Troy's favorite, is especially tough.
"He enjoyed it, all these different kinds of foods," Nilsen said of Troy, a 33-year-old network engineer for Cantor Fitzgerald. "It was time to spend with family. Family life was very important to him."
Like Walcovy, Nilsen's husband has not been found, and her pain throbs fresh each day.
"I still feel like my husband's out there somewhere," Nilsen said. "It doesn't get easier."
Mutual support
In New Jersey, Nikki Stern, who lost her husband, Jim Portori, found herself adopted by a fellow Trade Center widow.
With two ailing parents and no children, Stern had no plans, until Susan Magazine - who lost her husband, Jay - welcomed Stern to join her family in her Poconos home.
"We've formed such support groups," said Stern. "For me, it will make it easier, hugely easier. Susan's kids are cool. I'm trying to make a pie."
In years past, Stern and her husband would travel to upstate Ithaca to visit his parents, or Jim would cook and the couple would play host.
"There will be a part of me looking around for him, and thinking about how much he would love this," she said.
Glimmers of light
For other families, time has begun to heal the grief.
"Last year was horrible," said Long Islander Lee Ielpi, whose firefighter son Jonathan's remains were found last December. "This year is a little easier, because Jonathan is home."
Ielpi, a retired firefighter, will use the same trick today as he did last year.
"I made people sit in different places than where they usually sit," Ielpi said. "It made [Jonathan's absence] a little less noticeable."
Beverly Eckert is also finding this year a little less wrenching.
"Last year, the day was absolutely endless," Eckert said. "It seemed the table was so empty."
Eckert and her husband, Sean Rooney, used to spend the day with her family in Connecticut. This year, she'll spend some of the holiday with her in-laws.
"I know I'm not dreading it as much as I did last year," she said. "People are saying 'Happy Thanksgiving' to me this year, where I know last year it's something they wouldn't have said.
"Over time, you just learn coping mechanisms, where you're not staring at where your husband used to sit, and trying to think more about the things that you do have to be thankful for," she added.
Feds Urged Not to Shut Aid Window, By Eilis Quinn, NY Daily News, 11/28/2
Politicians and community groups urged the Federal Emergency Management Agency yesterday to extend Saturday's deadline for grants for people affected by the terror attacks.
FEMA's Individual and Family Grant gives cash to people who lost jobs or property Sept. 11, 2001.
The program has been plagued by misinformation, unhelpful bureaucrats and disorganization - including hundreds of applications that were returned because of an unpaid post office box, critics said.
"To enforce this deadline and shut all these people out would be a slap in the face and a terrible injustice," said Rep. Jerrold Nadler (D-Manhattan).
Fong Cho Cheong, 48, a garment presser in Chinatown for 17 years and the father of a 12-year-old daughter, lost his job after the Sept. 11 attacks and was rejected for compensation twice.
"I felt desperate," Cheong said. "They told me I wasn't directly affected. I live in Chinatown, I work in Chinatown. How am I not affected?"
Asks Jan. 31 deadline
Cheong got seven months' rental assistance only after going to Chinese community groups for help.
The FEMA deadline should be extended to at least Jan. 31, the same as its Mortgage and Rental Assistance Program, Nadler said.
Brad Gair, FEMA federal receiving officer, said the lapsed box payment had nothing to do with new applicants because it affected 300 to 500 people already in the system.
The agency has no plans to extend the deadline. The grant program is set up to meet the immediate, not long-term, needs of disaster victims, FEMA said.
New applicants have until Saturday to call FEMA at (800) 462-9029.
"There's been 14 months for people to apply. We urge people who still need assistance to do so in the next two days," said FEMA spokeswoman Cindy Ramsay.
FEMA's Latest Bungle: P.O. Box for 9/11 Aid Shut for Nonpayment, by David W. Chen, NY TImes, 11/17/2
or more than a year, the Federal Emergency Management
Agency has had no end of problems with its stewardship of the Sept. 11 aid programs.
Congressional leaders have blasted the agency as slow, disorganized and needlessly
restrictive. Victims have complained that FEMA evaluators have been rude, ill-informed and
condescending. Even agency officials have admitted to management blunders.
But now comes a bureaucratic bungle of a new magnitude. Last week, a FEMA post office box in Albany was closed after the agency failed to pay the rent for almost three months.
The agency had set up the box to handle applications for a major reimbursement program. After the box was closed by the Albany post office, about 300 people who had mailed in applications potentially worth hundreds of thousands of dollars received their packets stamped "Return to Sender." One Manhattan couple even discovered that their application had ended up in a dead-letter office in Atlanta.
Only yesterday, after a reporter inquired about the delinquent payment, did FEMA pay the $425 annual fee to keep P.O. Box 1279, Albany, N.Y., 12201-1279, in good standing. In fact, someone from FEMA delivered the check by hand, said Mary Madonna, a spokeswoman for the United States Postal Service in Albany.
The payment was late because of the large quantity of mail being handled, said James McIntyre, a FEMA spokesman. Mr. McIntyre said the agency has been overwhelmed recently by applications for the Individual and Family Grant program. The agency said that the 300 applicants need only put their packets back in the mail.
The episode provided fresh fodder for the agency's critics, who said it had once again outdone itself in confusing a confused process.
Ray Brescia, a lawyer with the Urban Justice Center, offered a typical reaction: shock, followed by resignation. "Just when you think you've seen just about all that could go wrong in a government program, they go out and do something like this," Mr. Brescia said. The center is an advocacy group for poor and homeless New Yorkers.
The timing could not have been worse: the deadline for applying to the program is Saturday.
Interest in the program remains high, with nearly 800 people showing up on Monday outside FEMA's disaster assistance center at 141 Worth Street in Lower Manhattan hoping to apply, or get information. As a result, the Urban Justice Center and other community organizations plan to hold a news conference today asking that the deadline be extended again and that FEMA do a better job in explaining the details of all of its Sept. 11 programs.
The Individual and Family Grant program has been touted as the ultimate safety net for people who had lost their jobs, suffered property damage or needed to be reimbursed for air-quality equipment. FEMA provides 75 percent of the financing, and the state Department of Labor administers it. But a year after the attack, state officials acknowledged that they had not reviewed more than half of the applications, and that the size of the awards was dwarfed by those offered in other emergencies by other states in recent years.
To speed the process, FEMA lent 150 employees to the Department of Labor to help process claims. As a result, of the 116,000 people who had applied as of yesterday, 45,000 had been approved for assistance totaling $34.9 million, Mr. McIntyre said.
Despite the improvements, though, problems have persisted.
In August, the Albany post office began asking FEMA to renew its post office box, which it has had for six years. The deadline was Sept. 1. No one paid. So the post office asked at least several more times for payment, Ms. Madonna of the Postal Service said, giving FEMA an unusually long grace period. Still, nothing.
Ms. Madonna could not recall another instance in which a government agency, of which there are more than a few in Albany, had been so delinquent.
"This is not common," she said.
FEMA's postal woes have caused great stress for Howard Weintraub and Deborah Day, a married couple who live in Midtown Manhattan and have been plagued by respiratory ailments since Sept. 11. They are seeking reimbursement for air-purifying equipment.
After being rejected at first by the program, they were encouraged to reapply last month. But when they called to trace their package last week, they were told that it had made its way to the Mail Recovery Center in Atlanta the dead-letter office and that their chances of recovering it were slim to none.
Domestic Security Bill Riles 9/11 Families, By David Firestone, NY Times, 11/26/2
ASHINGTON, Nov. 25 Donald W. Goodrich never
considered himself particularly cynical about the ways of Washington, but as President
Bush signed the domestic security bill, Mr. Goodrich found himself deeply disillusioned
today about the intersection he has observed between politics and the protection of the
nation.
"To think that they're invoking the name of my son and all the other victims for a bill this bad, it's really offensive," said Mr. Goodrich, a lawyer from Bennington, Vt., whose son, Peter, died in the plane that hit the south tower of the World Trade Center on Sept. 11, 2001.
"People in Washington are attaching their personal agendas and their corporate agendas to a bill that's supposed to protect this country, to make sure that this kind of attack never happens again," Mr. Goodrich said. "That's very troubling to me and many others like me."
Many families of Sept. 11 victims had expected to give their support to the creation of a Department of Homeland Security as a strong indication of the country's determination to prevent another attack. But in interviews today many relatives, including leaders of the largest family organizations, said they were surprised at how bitter they felt about the partisan politics surrounding the measure. Several expressed fury that Congress had inserted special-interest provisions into the bill that might affect them personally.
Most prominent, the measure includes a section inserted by House Republican leaders that will limit the liability of airport screening companies for any negligence they may have committed in allowing box cutters aboard the planes that day. Relatives of victims who were planning to sue the screening companies for damages found a possible avenue of compensation and information closed.
"Why would the House Republicans give the screening companies a get-out-of-jail-free card at the last minute?" asked Kristen Breitweiser of Middletown, N.J., whose husband, Ronald, died in the trade center and who has been considering a lawsuit against the screeners.
"The families are outraged by this," Ms. Breitweiser said. "We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It's just a slap in the face to the victims."
The creation of a Homeland Security Department was never the lead agenda item for the family groups, which have become a powerful lobbying force in Washington. After the groups began to coalesce in the months after the attack, their most insistent quest was for information rather than bureaucratic restructuring. They demanded to know whether the government might have known something or done something that could have prevented the attacks, and they persuaded Senate leaders to include their top priority an independent commission to investigate the attacks in the domestic security bill.
But the commission was removed from the bill after the White House balked in a round of partisan finger-pointing. The commission was reinstated at the last minute in a separate intelligence-spending bill after heavy lobbying and news conferences by family leaders. The Homeland Security Department was held up for months while Democrats and Republicans battled over the issue of job protection for workers, and family members said they looked on with disgust as the prevention of another attack seemed to take a backseat to political gamesmanship.
"This whole thing has been hugely disillusioning to me," said MaryEllen Salamone of North Caldwell, N.J., whose husband, John, died in the towers.
"You assume after an event like this that the politicians will do what's right, and then you see that so much of it is political favors and Republican-Democrat stuff," Ms. Salamone said. "I feel like I could write a book about everything I learned about politics that I never wanted to know."
Many family members became critical of the domestic security bill and the process for assembling it, particularly when it became clear that the new department would not substantially reshape the nation's intelligence-gathering apparatus.
"There was a real disappointment when the administration decided not to include the intelligence agencies the C.I.A. and the F.B.I. in the department," said Stephen Push, a leader of Families of Sept. 11, the largest of the organizations. "We knew that the major foul-ups that contributed to 9/11 had to do with the failure of the intelligence agencies to communicate with each other, and it was hard to see how this department would help with that. So we didn't make this one of our legislative priorities."
The indifference turned to anger when House leaders inserted special-interest provisions in the bill that seemed to have little to do with domestic security. One provision would protect the makers of some vaccine ingredients from lawsuits. Another would direct money for security research largely to Texas A&M University. A third would allow the department to contract with companies that leave the country to avoid taxes.
Congressional leaders have vowed to change those provisions next year, but there are no plans to alter the section that provides immunity to airline screening companies.
"Some people say that we should accept the bill as a whole because of the good it does, despite the new amendments," Mr. Goodrich said. "Well, I just don't accept that. I just don't think that politicians should use the tragedy of Sept. 11 as a wedge to gain some kind of unrelated advantage. It's totally upside down."
Hardest-Hit Small Businesses to Get Leftover 9/11 Aid, by Joseph P. Fried, NY Times, 11/23/2
s the deadline approaches for aid requests to the
biggest grant program helping small businesses recover in Lower Manhattan, a state agency
said yesterday that any leftover money would probably be added to the grants already given
to the businesses "most severely impacted" by last year's terror attack.
About $80 million has yet to be distributed, and some critics of the program welcomed what they said was the firmest indication yet of how any leftover money would be used. Those critics had contended that the program had not given enough to the hardest-hit small businesses mostly those that were in the World Trade Center. They expressed satisfaction, however, that the agency's statement indicated that the businesses that were obliterated when the towers fell would get more help than those nearby, which suffered more from street closings, lost revenue and other factors.
But other critics said the statement by the agency, the Empire State Development Corporation, was too vague. Over all, complaints about deficiencies in the program have been made by elected officials, owners of companies that were in the trade center and businesses that are elsewhere in Lower Manhattan. But many grant recipients have praised it as extremely helpful.
The program, the World Trade Center Business Recovery Grant Program, provides compensation for lost revenue to companies from 14th Street to the Battery with up to 500 employees.
Yesterday's statement came in response to a letter that Senator Charles E. Schumer sent on Thursday to Charles A. Gargano, the state agency's chairman.
The letter said as many as 200 small businesses that had been in the trade center, and were "still struggling to stay afloat" in new or temporary quarters, and needed aid beyond that offered under the program.
In responding to the letter, a spokesman for Mr. Gargano said that if any of the program's $481 million remained after the last grants were awarded to businesses that had applied by the Dec. 31 deadline, "we are predisposed to providing additional assistance to those businesses that were most severely impacted by the events of Sept. 11."
The spokesman, Michael Marr, said he could not estimate the amount of any additional aid that a company might receive. "We don't know how much we'll have left over, if anything," he said.
Senator Schumer said in his letter that any remaining money should also go to small businesses immediately around the trade center site that were so severely damaged that they have not reopened.
Yesterday, the senator said that he was grateful for the agency's position and that he looked forward to working with Mr. Gargano "to ensure that the people most hurt by this tragedy get the help they need."
Meyer Feig, president of the World Trade Center Tenants Association, which says it represents 100 small businesses that were in the center, also welcomed the agency's statement. But he said he wanted to know how the agency would decide which businesses were the hardest hit.
Representative Carolyn B. Maloney, a Democrat representing portions of Manhattan and Queens, said the statement was not specific enough. "The World Trade Center tenants, whose businesses lost everything, need more than vague murmurings that those who lost the most might might get extra help," she said.
As of Nov. 15, Mr. Marr said, 10,322 businesses had received a total of $402.5 million of the $481 million earmarked for the program, leaving $78.5 million.
He said the agency and the city had begun an advertising campaign to tell Lower Manhattan businesses that still may not be aware of the program that they could be eligible.
The program uses federal funds to pay for varying degrees of losses, depending on an applicant's proximity to the trade center site.
Thus, for the eligible businesses farthest away, between 14th and Houston Streets, the maximum compensation is three days' losses, while the highest reimbursement, 25 days' of losses, goes to businesses that were in the trade center or a nearby zone bounded by Chambers and Rector Streets on the north and south and Broadway and the Hudson River on the east and west.
The fact that businesses that were in the trade center are considered to have been in the same zone as those as far as five blocks away, and eligible for no more money than the others, has been a focus of the criticism.
EPA
Cleanup Leaves Woman in the Dust, by Juan Gonzalez, NY
Daily News, 11/21/2002
From the windows of Ilona Kloupte's condominium apartment in Battery Park City, you can
see the spot a few blocks away where the twin towers once stood.
Some books and computer disks, all covered with a thin film of gray dust, lay on a desk yesterday in a spare bedroom. "The Joys of Yiddish" is the title of one book. "The Art of Meditation" is another.
Before Sept. 11, Kloupte used the room as an office.
Now it looks like a musty storage room. Most of her belongings are packed away in boxes, and an old sofa in packing cardboard was standing on its side in a corner.
The same film of dust could be found on the kitchen counter, on the window sills, on the dressers in the main bedroom, on every surface in the apartment.
A few days after the towers collapsed, Kloupte returned to her home and tried to clean up the dust and debris. It was more than 2 inches deep back then, she says.
She followed the advice of government health officials. She used a mop and a pail that the Red Cross supplied.
A few days later, she came down with respiratory problems, nosebleeds and rashes all over her skin. Her doctor ordered her out of the apartment.
Since the government said the air and dust were safe, she decided to have independent testing done, even if only a thin film of dust was left.
Those tests were done in February and April, according to Rep. Jerrold Nadler (D-Manhattan), who called a press conference yesterday with Kloupte.
Those tests showed dangerous levels of asbestos - above the 1% threshold that normally triggers professional decontamination. The tests also found elevated levels of hazardous heavy metals such as cadmium, chromium manganese and zinc.
Fourteen months later, Kloupte still has not returned to her home. She has bounced from one temporary shelter to another with Red Cross help.
In May, she learned that the Environmental Protection Agency had finally decided to launch a new program to clean up residential apartments below Canal St. She applied immediately for the program. In September, EPA's private contractors came around to do a visual inspection of her apartment.
"They looked at me and told me there was no serious dust here," Kloupte says. They told her she would get only a "Scope A" cleanup, the less stringent type of dust removal.
EPA spokeswoman Mary Mears disputed that yesterday.
"I don't know what the contractors told her," Mears said. "But EPA makes the final decision, and our onsite coordinator saw this apartment. It has visible dust and qualifies for a Scope B cleanup."
The more stringent Scope B method means workers must use protective equipment and seal the apartment during the cleanup.
To Nadler and Kloupte, whether the cleanup is A or B doesn't matter. The key fact is that Kloupte's own testing has found high levels of several contaminants.
"Our cleanup methods will be effective in cleaning up not just asbestos, but also heavy metals and other contaminants," Mears said yesterday.
If Kloupte had followed EPA's instructions, she would have moved back to her home in October or November 2001. She would have ended up breathing the contaminated dust for more than a year. Nadler fears that thousands of downtown residents and office workers have done just that.
And there's another problem.
Even if the EPA cleans Kloupte's apartment thoroughly, what will happen if the apartment below her or the one above her remains contaminated? Won't the building's central air conditioning and heating units spread her neighbors' dust to her apartment?
That's why Nadler and environmental activists are furious at the EPA. One year after the collapse of the twin towers, the agency responsible for cleaning up WTC contamination is still dragging its feet.
"I've lost my job, I lost my home and I lost my health," Kloupte said yesterday. "They should do the job right."
Dangerous Heart Rhythms Increased After 9/11, by Lawrence K. Altman, NY Times, 11/21/2
HICAGO, Nov. 20 The rate of life-threatening
heart rhythms more than doubled among cardiac patients in the New York area in the month
after the Sept. 11 terrorist attack, according to a new study that sheds light on the role
of elevated stress in heart disease.
The higher rate of arrhythmias began three days after the attack, was elevated for a month and then returned to the pre-attack level, said the study's authors, who reported their findings today at the American Heart Association's meeting here.
There were no heart attacks or deaths among the 200 participants in the study, because they had implanted defibrillators, which monitor heart rhythms and deliver electric shocks to restore normal heartbeat when they detect life-threatening abnormalities.
While doctors have reported rashes of heart attacks and sudden deaths in the days after Scud missile attacks in Israel and earthquakes in other countries, this study was the first to track abnormal heart rhythms in connection with a traumatic event, the authors said.
Two of the authors Dr. Jonathan S. Steinberg, chief of cardiology at St. Luke's-Roosevelt Hospital in Manhattan, and Dr. Marcin Kowalski, a resident at St. Luke's said the findings documented persistence of increased psychological stress after Sept. 11 and showed compelling evidence of its effects on the heart.
Like other New Yorkers, the participants reported watching more television news after the attack, and the researchers said that at such times people with heart problems might do well to cut down on television. They also suggested that doctors consider recommending other measures to reduce or avoid stress.
Dr. Steinberg said he began designing the study immediately after the attack out of a longstanding interest in abnormal heart rhythms. He sought the aid of Dr. George Reed, a statistician at the University of Massachusetts Medical School.
They determined that they could conduct a statistically sound study if they included 200 of the about 2,000 defibrillator patients in the St. Luke's-Roosevelt Hospital system.
So on Oct. 11, 2001, Dr. Steinberg's team began asking cooperation from patients with
known coronary-artery disease at six centers in Manhattan, Staten Island, the Bronx,
northern New Jersey and Orange County, N.Y. The patients were predominantly white and
male, with an average age of 69. About two-thirds were taking beta blocker,
The researchers scrutinized the electrocardiograms stored in the device for evidence of two life-threatening abnormal rhythms ventricular tachycardia and ventricular fibrillation. The device is programmed to deliver a shock when either of these rhythms develops. (The researchers did not study the rate of arrhythmias that were not life threatening.)
The researchers found that the devices delivered shocks to 7 patients (3.5 percent) who had abnormal heart rhythms in the month before the attack, compared with 16 patients (8 percent) in the 30 days thereafter. The number of shocks rose to 45 in the month after Sept. 11 from 27 in the month before.
Of the three patients who saw the terrorist attack, one had a life-threatening rhythm abnormality. But the researchers said they could not identify any factor that predicted who was most at risk of a life-threatening heart rhythm after the attack.
Dr. Steinberg said his team planned to work with colleagues around the country to determine the frequency of life-threatening rhythms among heart patients elsewhere after Sept. 11.
Planners Want to Double Retail Space at Trade Center, by Edward Wyatt, NY Times, 11/21/2
he chairman of the company that holds the rights to
build retail stores at the World Trade Center site said yesterday that officials assured
him that his company, which has been quiet in public discussions about the rebuilding of
Lower Manhattan, will now have a more active role in planning the effort.
Frank Lowy, chairman of the Westfield Group, an Australian operator of shopping malls, said that in a meeting yesterday, senior officials from the Port Authority of New York and New Jersey and the Lower Manhattan Development Corporation also committed to trying to build more than twice the amount of retail space that existed on Sept. 11, 2001.
"We want to be part of the process to determine where and what size the shopping facilities ought to be," Mr. Lowy said yesterday after a ceremony unveiling the architectural plans for the rebuilding of 7 World Trade Center, just north where the twin towers stood. "Now that there is something to add, we will say a lot."
Mr. Lowy said his company had "stayed in the background" to minimize controversy. But, after meeting with rebuilding officials yesterday, he added, "We will be welcomed into the process."
A Port Authority spokesman, Peter Yerkes, said the agency "is working with a number of parties, including Westfield, although nothing has been finalized."
A spokesman for the development corporation, Matthew Higgins, said that Westfield, as leaseholders, will continue to have a planning role.
The Westfield Group, through an American subsidiary, holds the rights to operate the retail stores at the trade center, a right it secured when it joined with the developer Larry A. Silverstein to lease the trade center properties from the Port Authority in 2001, just before the attacks.
Before Sept. 11, about 430,000 square feet of retail space existed at the trade center, most of it along the concourse that stretched among the seven buildings in the complex beneath the outdoor plaza. In its contract, Westfield had the right to expand its retail space to 650,000 square feet.
But when officials of the Lower Manhattan Development Corporation gave instructions to the seven teams of architects working on plans for the site, they told the designers that they could include up to one million square feet of retail space.
"I feel confident that we will be able to fill one million square feet," Mr. Lowy said.
Westfield attracted criticism early in the rebuilding process when it suggested that it wanted its stores to be enclosed in a mall-like structure, rather than be in the base of separate buildings open to the street. The suggestion angered relatives of the dead who view some or all of the site as sacred ground. Struggling downtown merchants have also expressed fears that extensive competition will hurt their businesses.
Yesterday, Mr. Lowy said that he was not opposed to having stores in the ground floors of the site's new buildings, as long as there was no automobile traffic that would hinder pedestrians moving through the retail complex to and from a planned transit hub downtown.
"What we are looking for is to have unimpeded access from one part of the retail complex to another," he said. "It's very important that it's connected to the transportation hub, because people will pass by there."
But, he added, "It doesn't matter if it's below ground or above."
Mr. Lowy said his company has consulted with David Childs, of Skidmore, Owings & Merrill, who designed the 7 World Trade Center building unveiled yesterday.
The new building, which Mr. Silverstein said he believed will still be called 7 World Trade Center, is to include 1.7 million square feet of office space. It will be 750 feet tall, the equivalent of 52 stories, although the bottom 10 stories will house equipment for a Con Edison substation like the one that was in the previous building.
Developer Stalks His Prize in the Wilds Downtown, by Robin Finn, NY Times, 11/21/2
IRST, and second, impressions indicate that Trevor
Davis, who last week announced a bold plan to erect Manhattan's second-tallest skyscraper
just a block from the ghost of the twin towers, really likes his trophies. And they don't
necessarily have to be buildings. Unless the lions, leopards and polar bears in that photo
montage in his office are playing possum, he evidently moonlights as the last of the great
white hunters. No wonder Teddy Roosevelt is a big hero, and we're not talking presidential
acumen, we're talking bagging big game and carrying a big gun.
That much is obvious even before the gentlemanly developer, bear-size himself, makes a jaunty entrance Mr. Davis, 48, retains his South African speech mannerisms and accompanies bone-rattling handshakes with a crisp "Cheers" coming or going and settles down at a red lacquer conference table at 400 Park Avenue.
Everybody already knows big urban developers like to leave big urban footprints. Mr. Davis, who builds luxury East Side residential towers with a penthouse-for-everyone persona, is no exception. "I don't get egotistical about it, but I've been fortunate enough to be able to say I've left my mark on New York City," he says, riding the fence between modesty and its opposite.
He's not done making his mark. And unlike some developers, he does it without stamping his name on his creations. "It's too vain, putting your name on a building," he demurs. "I don't even like to buy things that have labels on them."
First things first. Did he kill his co-stars in those safari photos or are they just tranquilized?
Mr. Davis pours all 6 feet 4 1/2 inches of himself into a semi-apologetic shrug and rakes a hand through the front of his bristly, graying hairdo, which sticks up skyscraper straight. Or perhaps it got that way from the shock of being charged by a lion while on safari in Zimbabwe last year. It was, he says, an old lion, one ripe for legal culling; he does not kill young animals, "just the lonely old guys whose best years are behind them." Pays for the privilege. Mr. Davis tracked this particular king of beasts three days before it turned the tables and confronted him; so he shot it. Same thing happened with an elephant, a bull so massive Mr. Davis recalls his trusty guide turning tail and running. But not Mr. Davis.
"Survival is the point of business and of life, and I've kind of applied the fundamentals of what I learned from hunting to the way I do business; not so much the kill part," he says, with a conspiratorial chuckle, "but about taking in everything in the environment around you. You develop a sixth sense, sort of."
The odd woven bracelet on his wrist is all that's left of the elephant. Its meat fed scores of hungry villagers. The hair of his bracelet came from its tail. "A trophy," he says and chuckles.
As regards his less furry trophies, these walls are papered with so many mock-ups of skyscrapers prime among them First New York Place, the $680 million, 90-story retail-office-luxury-living complex he has proposed for downtown, at Broadway and Fulton Streets that the room has the feel of a single-theme art gallery. Skyscrapers are us. That's the mantra of RFR Davis, the collaboration between Mr. Davis and two German-born entrepreneurs, Aby Rosen and Michael Fuchs. They teamed up in 1995 when he bought his first plot, a white elephant at 64th Street and Second Avenue, for $2.5 million.
After decorating the Upper East Side with a dozen swank residential destinations like the Impala, the Seville and the Empire, and creating 425 Fifth Avenue, a tower he calls a sister to the Chrysler and Empire State Buildings, he has seen the future and it is downtown.
"We've always been long-term players, and there's no question there's a market developing downtown that's going to be very different in 5, 7, 10 years' time than what's there today, and as long as people can get over what's there today, it's going to be a pretty exciting place," he says.
He insists tomorrow's New Yorkers won't be superstitious about living in a downtown skyscraper. "People have a great propensity in this city to forget bad things quickly," he says. "Well, not forget, but to recover; I don't see downtown being some somber mausoleum."
Mr. Davis grew up comfy in Johannesburg, where his family owned a construction business and their home included a pool, tennis court and black servants. He recalls an insular upbringing in a white enclave: "You didn't even know you were in Africa." It proved too insular for him. "I felt hemmed in; it was, settle down, work in the family business, stay here, be bored." When he left to study architecture and engineering at M.I.T., his mother refused to go to the airport to see him off. "She knew I wasn't coming back," he says. "I didn't know it, but she did."
He now lives in one of his trophies, the Empire, with his wife and four children. They have a horse farm upstate; his jumper is named Zulu. The Empire displaced the Cottages on East 78th Street over the objection of preservationists and Upper East Side denizens like Woody Allen. Mr. Davis harbors no grudge. He even watched one of Mr. Allen's movies recently: "It was a strange one where he plays a blind producer, which is sort of what I do sometimes."
S.I. Anger At Victim-Fund Boss's Third World' Slap, By Deborah Orin, NY Post, 11/20/2
Ken Feinberg, the head of the Sept. 11 Victim Compensation Fund, has touched off a firestorm - and spurred demands for his ouster - with an interview in which he described Staten Island as "a Third World country."
Feinberg yesterday acknowledged making the comments and issued an apology "if my offhand remarks offended" - but vowed to continue on the job and got a vote of confidence from Attorney General John Ashcroft.
The Nov. 25 issue of the New Yorker contains an article on Feinberg in which reporter Elizabeth Kolbert writes: " 'Staten Island, that's a Third World country,' Feinberg told me, more than once, on the drive out."
That spurred Rep. Vito Fossella (R-S.I.) to write Ashcroft demanding that Feinberg be ousted, saying it's "unacceptable" for him to set compensation levels "for residents of a community he has referred to as a Third World' country."
"This is a travesty - this is probably [Feinberg] showing his true colors," said Staten Islander Bill Doyle, who lost his son on 9/11 and serves on the families group Give Your Voice.
"People are livid. They feel like they're going to be discriminated against."
Staten Island has 5 percent of the city's population but lost nearly 250 residents, including 78 of the 343 firefighters who died rescuing people trapped in the Twin Towers.
Fund-Master's
Gibe Riles S.I., By Timothy J. Burger and Maggie
Haberman, NY Daily News, 11/20/2
The man in charge of doling out federal funds to Sept. 11 victims' families called Staten
Island a "Third World country" - prompting cries yesterday for his firing.
Rep. Vito Fossella (R-S.I.) urged Attorney General John Ashcroft to bounce Kenneth Feinberg, the Victim Compensation Fund's special master. But Feinberg insisted last night he has no plans to leave - even after issuing an apology for the slur.
Feinberg touched off a tempest this week after The New Yorker magazine reported that the Washington lawyer had told reporter Elizabeth Kolbert, "Staten Island, that's a Third World country."
Kolbert wrote that Feinberg made the remark "more than once" on a drive to the borough to meet with victims' relatives.
"Our borough lost nearly 250 current and former residents that day, including 78 New York City firefighters. ... It is not an exaggeration to say that virtually every Staten Islander knew someone who was killed on Sept. 11," Fossella wrote to Ashcroft.
In a statement released last night, Feinberg said: "The residents of Staten Island greatly suffered as a result of the terrorist attacks of Sept. 11. If my offhanded remarks offended, I offer sincere apologies for my words, and the promise to continue the work I have committed to over the past year to try to help the survivors."
Terror Insurers $Tick It To MTA, By Clemente Lisi, NY Post, 11/20/2
When it comes to terrorism-insurance coverage, the MTA is paying more and getting less.
If a terror attack were to strike the city's subways or any of the MTA-run bridges and tunnels, the agency's policy would cover only $100 million in property damages, officials said yesterday.
"Anything over that figure, we are not covered for," said Gary Caplan, the MTA's director of budgets and financial management.
The MTA said the $100 million terrorism policy, which has a $30 million deductible, was the most it could afford.
Pre-Sept. 11, the MTA had a policy with $1.5 billion in coverage for all disasters, including terrorism.
The MTA's premiums have also skyrocketed as a result of Sept. 11 - from $6.4 million last year to $29.6 million this year.
Garden
Rooftops Popular in Portland, By Gillian Flaccus, AP, 11/19/2
PORTLAND, Ore. -- When Chris Moehling wants to show off the new garden at the youth hostel
he manages, he steps out a second-story bedroom window onto a roof blooming with plants.
The 650-square-foot garden of scrubby succulents and yellow marigolds grows right out of
the roof, visible to hundreds of shoppers and motorists passing below.
"We get people walking in from the street asking all kinds of questions," said
Moehling. "This is one of the more visible streets in town. People really get a kick
out of it."
The garden is one of many green spaces in Portland, a city emerging as a national leader
in the budding "ecoroof" movement. Recent city regulations offer breaks to
developers who install green roofs, and Portland officials are aggressively promoting
rooftop planting.
Living roofs, long common in Germany, Holland and Switzerland, can reduce runoff after
rainstorms by up to 90 percent, slash a building's energy costs by 10 percent and reduce
summer temperatures on scorching city rooftops by about 70 degrees, experts say.
They also delay the runoff after a major storm by several hours, preventing flooding and
sewage problems that occur when a city's stormwater system overflows.
A handful of other cities, including Chicago, Toronto and Seattle, have grown gardens on
their city halls and courthouses, and Atlanta plans to follow suit. Ford Motor Co. will
finish a 10.6-acre living roof on its Dearborn Truck Plant in Dearborn, Mich., next year.
County buildings in Anne Arundel County, Md., have also recently sprouted grassy tops.
What sets Portland apart is the city's financial commitment, including tax breaks, grants
and building codes for ecoroofs. The city also has an unusually wide range of buildings --
both public and private -- sporting rooftop gardens.
"If you look at it on the surface, offering economic incentives makes a lot of
sense," said David Beattie, director of the Center for Green Roof Research at
Pennsylvania State University. "We have to drag people to the table, so having
economic incentives such as you have in Portland is the way to do it."
The city has made government incentives for green roofs a priority because of their cost.
Green roofs cost about two times more than regular roofs to install -- between $10 to $15
per square foot -- and require extensive research and planning.
Portland took the lead in the green roof movement nearly two years ago, when it approved a
regulation that allows developers to expand their building plans if they include an
ecoroof. The city also waives certain code requirements for those with green roofs.
In the future, Portland may create zoning that encourages ecoroofs or offer significant
discounts on stormwater fees for people who cultivate their rooftops, said Dean Marriott,
Portland's director of environmental services.
"I've just been talking this up to anyone who will listen," he said. "We're
trying to get public and private examples of ecoroofs in the community and we're trying to
use all the incentives that we can think of."
Portland officials hope green roofs will help end severe and recurring sewage overflows
that pour into the Columbia and Willamette rivers after nearly every heavy rainstorm. The
runoff floods the system, forcing raw sewage into rivers.
Under federal mandate, the city must correct the problem by 2011 and is in the middle of a
$1 billion project to install larger underground pipes, said Tom Liptan, an environmental
specialist for the city.
Faced with crowding, runoff and pollution problems, some German cities require new flat
roofs to be green roofs. Others require residents to pay taxes based on the percentage of
paved surface they own.
As a result, one out of seven German roofs are green; in some cities, one-quarter of
buildings have ecoroofs, said Beattie.
"Man has an amazing capacity to dirty his own nest and the Germans have done it
before we did," he said. "They simply faced the problem before we did."
Green Roofs: http://www.greenroofs.com
Penn State Center for Green Roofs: http://hortweb.cas.psu.edu/research/greenroofcenter/about_ctr.html
Hawthorne Hostel's Ecoroof: http://www.portlandhostel.org/ecoroof/our_project.html
Chinatown
Still Reeling After 9/11, By Richard Pyle, AP, 11/19/2
NEW YORK -- More than a year after the Sept. 11 terrorist attacks, New York's Chinatown is
continuing to suffer "pervasive" economic difficulties ranging from lagging
business activity to underemployment in the garment industry, says a report released
Monday.
The solution, said its sponsors, is to address the specific problems with grants and other
financial aid while embracing the neighborhood as a full partner in Lower Manhattan's
overall recovery effort.
"Chinatown has rebounded ... but continues to face an uphill struggle," Cao K.
O, executive director of the Asian American Federation of New York, told a news
conference.
"Rebuilding Chinatown, along with the rest of Lower Manhattan, will require broad,
coordinated public and private strategies that address specific community issues."
The federation, a non-profit public policy organization, drew on surveys of business and
workers and data from relief agencies in compiling the study.
Not only did the destruction of the World Trade Center on Sept. 11, 2001 have an immediate
impact on Chinatown, some 10 blocks away, it led to an estimated $500 million loss in the
area's vital garment industry in the year that followed, the report said.
That in turn has had "a tremendous ripple effect on restaurants and other businesses
that may amount to significantly more than half a billion dollars," said Shao-Chee
Sim, the federation's director of research.
The survey, titled "Chinatown: One Year After September 11th," found overall
business activity down by 20 percent compared to the summer of 2001, with tourism revenues
alone down by 40 percent.
Sim said 65 of the area's 246 garment factories have shut down in the past year, leaving
some 10,000 people without jobs or on reduced work schedules. Most of the workers are
women aged 41 to 54 who speak limited English, he said.
In its report, the federation stressed a need for coordinated action by public and private
agencies to promote Chinatown's economic resurgence, including making it a full
participant in the broader effort to rebuild Lower Manhattan, in part by making contracts
and jobs available for Chinatown businesses and workers.
"Chinatown and New York City as a whole will benefit from initiatives designed to
engage Chinatown in the city's economic resurgence and also enhance Chinatown's role as a
commercial hub, cultural magnet and neighborhood with historic sites of interest," O
said.
The report said $1.7 million has come from a combination of government and private sources
for language and skills training, but as much as $30 million would be needed to serve
8,000 dislocated workers at an estimated cost of $5,000 each.
Rep. Nydia Velasquez, a Democrat whose district includes Chinatown, said direct grants are
more effective than loans to promote small business recovery because many small businesses
cannot qualify for loans.
Chinatown in Fiscal Crisis, by Greg Gittrich, NY Daily News, 11/19/2
More than a year after the Sept. 11 attacks, the financial outlook for Chinatown remains bleak.
The majority of the neighborhood's businesses surveyed by the Asian American Federation of New York reported that revenues last summer were down 20% from the previous year.
The economic impact study also found that Chinatown's garment industry - which represented 40% of the neighborhood's jobs before the attacks - has lost nearly $500 million since the tragedy.
Meanwhile, six of every 10 people still employed by the factories are working fewer hours.
Three of every 10 restaurant workers also have seen their schedules cut, according to the report.
Nevertheless, $60 million in loans and grants have been awarded to Chinatown businesses since the attacks - a figure slammed as too low by the federation.
Subway Staff Lack Training On Terror, By Clemente Lisi, NY Post, 11/19/2
Despite repeated requests, subway workers have gotten no training in what to do if the transit system is hit by a chemical or biological attack, union leaders charged yesterday.
"If a terrorist attack were to happen in the subways, our workers wouldn't know what to do," said Jimmy Willis, a top official of Transport Workers Union Local 100.
"This puts the commuters at risk. We are the first to react to anything that happens underground. We are the first line of defense."
He said his union has asked the MTA to train its subway employees - especially in evacuation procedures.
Those requests, he said, have fallen on deaf ears.
Willis raised the issue only days after British intelligence arrested six suspected al Qaeda terrorists for plotting a terror attack in a crowded London subway station during rush hour.
It was first reported they planned a cyanide attack, but British officials denied that. U.S. officials said the London subway attack may have been part of an al Qaeda plan involving attacks around the world.
In 1995, 10 people were killed and 5,000 sickened by a nerve-gas attack on the Tokyo subways.
TWU President Roger Toussaint has raised concerns about the transit system's vulnerability to an attack, saying subcontractors who have access to detailed engineering plans and other equipment are not put through background checks. The TWU, which is in intense contract negotiations with the MTA, asked the MTA for data on drug testing for subcontractors and was told none was available.
The Transit Authority would not comment on the issue.
The union said the only thing the MTA did since 9/11 was issue a 104-page handbook on what to do in case of attack.
"The MTA is gambling with people's lives," Willis said.
The current contract expires Dec. 15, and union leaders have raised the possibility of a strike.
"There are many issues that have to do with a possible strike," Willis said. "One of the most important is safety for our workers and the riders."
Fuel in Buildings Raises Concern, by Charles V. Bagli, NY Times, 11/19/2
ens of thousands of gallons of diesel fuel are stored in
a half-dozen big buildings in Manhattan, posing a potentially lethal hazard in the event
of an accident or a terrorist attack.
The city's Buildings and Fire Departments are investigating the fuel tanks at the buildings because of the similarities to the situation at 7 World Trade Center, where thousands of gallons of burning fuel may have contributed to the collapse of that skyscraper after the terrorist attack on Sept. 11, 2001. One building in particular is believed to have twice as much fuel as 7 World Trade Center, in a building half the size.
As the investigation proceeds, city officials are trying to determine whether owners and tenants of the buildings violated the city's fire and building codes when they installed dozens of diesel fuel tanks in the buildings in the 1990's for huge backup generators and air-conditioners.
Last week, building inspectors found at least eight tanks on the upper floors of one tower in TriBeCa containing a total of 2,200 gallons of diesel fuel that may be illegal, officials said. But before they issue any citations for violations, the Buildings Department officials are poring over confusing and often conflicting records to determine whether the department had issued a waiver of the building code, as well as exactly how much fuel is stored in the TriBeCa building and where.
The buildings, known as telecom hotels, house telecommunications and Internet tenants that require backup generators and diesel fuel to keep their computers running and cool in a blackout. The buildings serve, as a tenant in the TriBeCa tower once put it, as a "nerve center" for international telecommunications.
But since the attack on the World Trade Center, city officials have been examining whether the current fire and building codes governing construction standards, as well as fuel storage in urban areas, are adequate in light of new realities.
With the spread of telecom hotels in many cities, the National Conference of States on Building Codes and Standards is closely watching what happens in New York, said Mike Unthank, the organization's president and the top state building official in New Mexico. The group is considering adopting a model building code clause for fuel tanks that could be adopted at state and local levels.
The New York Times is withholding the addresses of the buildings at the request of city officials, who cited their importance to international telecommunications and their potential as terrorist targets.
"The building code task force is looking at fuel tank storage issues, including the size and location of tanks and the transfer piping, in all buildings, not just telco buildings," said Patricia J. Lancaster, the buildings commissioner. "We're examining the code for tall buildings with regard to all sorts of threats, including biohazards, chemical and nuclear hazards, and bombs."
The TriBeCa tower where the Buildings and Fire Departments completed their inspection last week has long been the subject of complaints from surrounding residents. Bruce L. Ehrmann, co-founder of Neighbors Against Noise noxious odors, incessant sounds and emissions said that the numerous generators and air-conditioners that sprang up on every ledge of the tower sound like a thundering locomotive and spew pollution over the surrounding residential buildings.
But no one gave the tanks that supplied fuel for the generators much thought until the attack on the World Trade Center.
Unlike the twin towers, 7 World Trade Center was not hit by a jet, but investigators did determine that a catastrophic blaze fed by diesel fuel in the 47-story tower may have caused its collapse. It also appears that diesel fuel continued to be pumped from the tanks into the blaze after the building began to burn.
A report by the Federal Emergency Management Agency concluded that more analysis was needed to determine the full role of the burning diesel fuel in the collapse. Shyam Sunder, chief investigator for the review of the World Trade Center by the National Institute of Standards and Technology, said that the agency was looking at the sources of fuel in the building, where there were seven tanks with a combined capacity of 42,000 gallons, and what led to its ignition. "We know for sure that the collapse of 7 was significantly due to the fires in the building," Mr. Sunder said. "The FEMA report suggests that the fires persisted for a long time."
With new diesel generators and fuel tanks being installed periodically at the tower in TriBeCa, Neighbors Against Noise also began to raise questions about all that fuel sloshing around in one building. Councilman Alan J. Gerson, who has worked with the group, then asked the Buildings Department to look into the matter.
"This is a potential tinderbox," Mr. Gerson said. "It's unacceptable to have any significant quantity of fuel stored above ground, literally across the street from where people live. We need to have stepped-up enforcement and new building code regulations. We should also encourage the conversion of diesel engines to fuel cell technology."
John F. Hennessy III, chairman of Syska Hennessy Group, a consulting, engineering and construction firm involved in the construction of 7 World Trade Center, played down the potential hazard of the fuel tanks in a dense urban environment.
"Is it something that should be looked at?" Mr. Hennessy said. "Certainly. But at the same time, I don't think we have a ticking time bomb in these buildings."
"You're not looking at an overly dangerous situation," if fuel tanks are installed properly and according to building and fire codes, he said. "Fuel oil is not like gasoline; it burns slower. It kept burning in 7 because there was nothing to extinguish the fire."
But the volume of fuel and its location concern some experts.
According to a review of Fire Department permits, there are tanks with a capacity of 45,425 gallons in the basement and on the upper floors of the TriBeCa tower. But records at the State Department of Environmental Conservation indicate the number is far higher: 80,560 gallons, about twice the amount at 7 World Trade Center, in a building half the size. The records, which are no longer available on the Internet because of security concerns, did not include two generators and fuel tanks installed in September.
Battalion Chief Bill Van Wart, a spokesman for the Fire Department, would not explain the discrepancy.
Last week, the Buildings Department completed an inspection of the TriBeCa tower that found tanks with a capacity of "upwards of 80,000 gallons," including eight 275-gallon tanks on the upper floors that may have been in violation of the city fire and building codes. Fire Department records indicate that another building housing telecommunications equipment has eight fuel tanks with a total capacity of 156,500 gallons.
The codes do not limit the amount of fuel stored in the basement of a building, as long as the steel tanks have a specific fire rating and are surrounded by a catch basin and a concrete wall. But under the city code, only one 275-gallon tank per floor is permitted on above-ground floors.
Ms. Lancaster said her department was trying to determine whether a waiver was granted to the tenants or landlord who installed the equipment, in which case the multiple tanks would be legal. Otherwise, the owners, who face possible fines and criminal charges, will be required to bring the tanks into compliance with the building code, Ms. Lancaster said.
A spokesman for the landlord of the TriBeCa tower declined to comment.
Many hospitals and educational institutions have backup power stations. But telecommunications centers, known in the trade as telecom hotels, are a more recent phenomenon that grew very rapidly in many major cities, beginning in the mid-1990's with the rapid growth of telecommunications and Internet companies.
Landlords in many cities began converting some older buildings with thick floors capable of supporting heavy equipment, computers and generators. In New York, the companies gobbled up 4.9 million square feet in less than three years.
One of the first buildings to become a telecom hotel was the tower in TriBeCa, where the landlord initially installed generators and air-conditioners on the ground floor, creating a street-level din for the surrounding neighbors. But as the telecommunications companies in the building multiplied, the generators started showing up on ledges on higher floors. The 275-gallon tanks on the upper floors feed the generators and are in turn fed by larger underground tanks. Portable generators are also set up on the streets outside the brick tower.
Local residents complained that noise continued to increase at the tower. One man said he could not hear the television in his living room, while other people had not opened their double-pane windows in five years.
Now there are the fuel tanks. According to the Buildings Department, there are about 60 tanks in the building, including 39 on above-ground floors and outside the structure.
"If this is potentially another 7 World Trade," said Tim Lannan, a co-founder of Neighbors Against Noise, "it's a huge concern."
Inside WTC Graveyard', By William Neuman, NY Post, 11/18/2
The "last column" from the Twin Towers lies under fluorescent lights behind a padlocked door in what amounts to a private, climate-controlled mausoleum in a hangar at Kennedy Airport.
The 45-foot-tall, 62-ton piece of steel was draped with a huge American flag and carried out of Ground Zero on a flatbed truck in the May ceremony that marked the end of the arduous, months-long excavation and recovery effort.
Now it has taken its place as item D-1101 - the most recognizable single piece in an extraordinary physical archive of everything that remains of the towers.
Hundreds of items - mostly twisted, blasted hunks of metal - are now being meticulously decontaminated, cataloged and stored at JFK's Hangar 17, the former home of the failed Tower Air.
"This is all that's left, literally. The rest is all gone," said architect Bart Voorsanger, who has been working for the Port Authority to save something of the Twin Towers for posterity.
"This has become a second graveyard."
Voorsanger and his colleague, Mark Wagner, scoured Ground Zero during the recovery effort, tagging items that might someday testify to the history of the place and its destruction.
While much of the rubble was taken to the Staten Island landfill or sold for recycling, hundreds of pieces were collected at Hangar 17. Some day, they will be used in museum exhibits and possibly in a permanent memorial to the World Trade Center victims.
It was with an eye to future memorials that the Port Authority preserved an entire six-story section of the north tower's outer wall.
This tilted skeleton of the building's facade, with its familiar Gothic arches, loomed over the smoking debris for weeks after the attack - emblematic of the frightening destruction of Sept. 11 and also of the resolve of New Yorkers to stay, however precariously, on their feet.
When the wall was finally pulled down in mid-December, ironworkers cut it into 31 sections and spray-painted each one with a number. Some day, the wall could be pieced back together.
At Hangar 17, mute steel talks. And no piece talks more eloquently than the last column inside a newly built plywood vault with black plastic, like mourning crape, lining the walls to keep out moisture.
The steel is alive with the graffiti of construction workers, cops and firefighters and the photographs of the dead.
"My brothers, you ran into hell, now you walk with angels," says one inscription to the Emergency Service Unit of the PA Police. "Till we meet again. God Speed. Love you all, Murf."
A large photograph of firefighter Jonathan Ielpi is tied to the column with baling wire. Other photos are taped or glued in place - giving the steel column the delicacy of ephemera, which almost certainly will preclude it from being included in an outdoor memorial.
Before it was cut down, the last column was anchored in bedrock, six stories deep in the south tower's basement.
At the opposite extreme, the antenna on top of the north tower stood 1,728 feet above the ground - the highest point in New York City.
When the tower fell, the antenna was smashed to pieces, and many found their way to Hangar 17.
There are twisted poles and cracked mounting brackets and the antenna's 10-foot-thick core - the most kinetic ruin of all, bleeding twisted tubing and wires. Having fallen so far, it still seems to be in motion.
The Port Authority has dedicated $5 million to the work of cleaning, cataloging and storing the archive and will soon appoint a task force of curators to weigh the many requests that have come in to borrow pieces.
From Middle
Class to the Shelter Door,
he tidy apartment in a house in Staten Island rents for
just $650 a month, but Salvatore and Lorraine Nardulli can no longer afford it. They
cannot pay the phone bill, or the electric bill, or the insurance on their 10-year-old
Pontiac Grand Prix. There is an empty space next to the VCR where the cable box once
stood; dunning letters are stacked up on the kitchen table.
Mr. Nardulli, 53, who worked for an airline for almost three decades, has been unemployed for 18 months and cannot find a full-time job. Mrs. Nardulli, who is several years younger, worked for years as a legal secretary but more recently has been a homemaker and student; she cannot find any work.
They have run through their $12,000 or so in savings. They have borrowed to the limit on their credit cards, another $12,000. And in June, Mr. Nardulli's extended unemployment insurance ran out.
Turned down twice for public assistance, the Nardullis say they fear that they will end up in a homeless shelter. "If we have to leave this apartment God forbid," Mrs. Nardulli said. "I feel like we are being punished because my husband lost his job."
No one knows for sure how many people are in the same boat as the Nardullis: people whose comfortable lives have abruptly unraveled because of the recession and the economic aftereffects of the terrorist attacks on Sept. 11, 2001. Some economists say there may be hundreds of thousands of them across the country, based on trends in the labor market and in unemployment insurance, which has traditionally been a safety net of the middle class, as public assistance has been for the poor.
The percentage of people who have exhausted their regular unemployment benefits is at the highest level in two decades. In New York State, 156,000 people have also used up the additional three months of temporary unemployment benefits that Congress authorized in March; that program expires at the end of December.
While New York has by far the largest number of people who have run out of temporary benefits, nationally there are about 1.5 million, according to the federal Department of Labor. Wendell Primus, director of the income security division of the Center on Budget and Policy Priorities, a liberal research institute in Washington, estimates that up to a million of them have not found jobs and are not eligible for more aid.
Of course, even among those who have not found work, not everyone is necessarily experiencing as much hardship as the Nardullis. Many may have had more savings, and about 40 percent are likely to have had working spouses, according to studies done in previous years for the Labor Department by Mathematica Policy Research.
What clearly makes the Nardullis unusual is their willingness to talk about their plight. Some New Yorkers in similar straits have said they were too embarrassed or ashamed (or worried what their landlords would think) to let their names be used publicly.
Mr. and Mrs. Nardulli struggled with the idea of discussing their situation but said they finally decided that their story might help other people by drawing attention to the problems of the unemployed.
Besides, Mr. Nardulli said: "We've got nothing to lose. We're going down anyway. I used to be optimistic, but now that's all gone."
Such gloomy sentiments are new for a couple who describe themselves as "life of the party" types who love to dance. They met in 1977, at a disco in Brooklyn, where they lived until three years ago. "We were `Saturday Night Fever' fans," Mrs. Nardulli said.
In those days, Mr. Nardulli's job seemed not just secure, but glamorous, he said. The travel benefits at the big international airline where he was a cargo agent meant that he could go skiing in Switzerland, swimming in Caracas, "travel the world," he said. With overtime, he eventually made as much as $45,000 a year. And what member of the Teamsters union ever got laid off?
"I felt secure with him," Mrs. Nardulli said. They were married in 1981; Mr. Nardulli still carries two copies of their wedding photo in his wallet. And Mrs. Nardulli, the more voluble of the two, constantly sings the praises of her husband as "a good man" and "a good worker."
Neither of them has a college degree. "I couldn't afford it; I was supporting my family," said Mr. Nardulli, whose father died when he was 13. Mrs. Nardulli studied business for a year at Pace University and then worked for about a dozen years as a secretary.
A few years after they were married, Mrs. Nardulli decided to stay home. "I thought I was going to have a baby, but I didn't," she said. It left her depressed.
Eventually, she began going to school. She studied to become a paralegal, got a real estate license and became a notary public. She did temporary work sometimes, but mostly she decorated her apartment and kept it spotless and enjoyed music and parties and friends, she said.
Both of them have regrets. "If I had known this could happen, I would have done things differently," Mrs. Nardulli said. "I would have made sure I got a job immediately."
As for Mr. Nardulli, he wishes that he had heeded the warning signs, in the late 1990's, that there was trouble at the airline (which he does not want identified because he still hopes to get a pension). But his department was shuttered in 1998. "I worked for 28 years straight and I have nothing to show for it," he said.
He did get a severance package, but that was used up quickly as he hunted for a new job, and in the course of their move to Staten Island. (Brooklyn had become too expensive.)
After a short stint running the shipping department of a small factory, Mr. Nardulli got a job at a customs clearing concern, where he worked until April 2001. But as the economy slowed, the owner decided to downsize, and to move what was left of the company to New Jersey. Mr. Nardulli got two weeks' pay.
What kept them afloat after that was the $362 a week Mr. Nardulli got in unemployment benefits. He ran out of benefits before Thanksgiving last year, and used a credit card for living expenses until he became eligible for three more months in the spring under the emergency unemployment program.
He has diligently looked for a job, and has inches of faxed résumés to prove it. "I had a chance before Sept. 11," he said. But since then, the steep decline in travel and shipping has spawned huge cutbacks at New York's airports. Airport-related jobs have plunged by almost 16.5 percent, or about 10,000, according to the Center for an Urban Future, a nonpartisan research group.
Mr. Nardulli has tried looking in other industries but has been told that there are hiring freezes or that he lacks the right job history, he said. "I went to a supermarket and the guy said, `With your qualifications, why?' I said, `I need a job.' But he refused me because I had no experience."
Mrs. Nardulli said she had been rejected for jobs because her experience was not a perfect match for, say, a doctor's office, rather than a lawyer's office. Temporary agencies tell her that nothing is available. Both she and Mr. Nardulli are getting computer training, courtesy of the State Labor Department, but she said their school was not holding out much hope of finding them work.
If they could both find even low-paying jobs, Mrs. Nardulli said, "with steady paychecks, we could pool them and make it."
More than that, Mr. Nardulli said, "I want a job that pays the rent."
In desperation, the Nardullis turned to public assistance, an experience that they said was humiliating and ultimately pointless.
Here, too, they seem to be illustrative of a trend.
Welfare rolls have not increased consistently this year, but there have been sharp increases in applications for public assistance since June, according to the New York City Human Resources Administration. The number of people in the city not on public assistance but getting food stamps, which some analysts say is a better measure of economic hardship, has risen by more than 60,000 in the last year, an increase of almost 17 percent.
The Nardullis, after going through all kinds of examinations and investigations and skills tests, got a two-month supply of food stamps, and Mr. Nardulli was promised a job as a security guard. He said he worked only three days, bringing home just $100. But according to the paperwork, he was making $2,000 a month at that job, so he was refused any further assistance.
Through a friend, Mr. Nardulli then found a part-time job driving a van for disabled people. He enjoys the work, likes the passengers and wants to succeed so much that he has spent hours memorizing city street maps.
But as the employee with the least seniority, he works only three days a week, usually bringing home $150 a week after taxes. He has started spending his days off doing yardwork and anything else he can, but it is not enough to pay the rent and utilities, much less buy food.
Still, it is enough to disqualify him for public assistance. As a letter the Nardullis got from the city put it (complete with misspellings), his "income is suffican to meet the budgetory needof your family unit."
Mr. Nardulli's translation: "You have to lose everything before you get help."
The Nardullis have not yet lost everything, not quite. There's still the green Pontiac, which flies an American flag. Though it broke down recently, a cousin of Mrs. Nardulli's gave them the money to repair it and to pay for the insurance.
And they are still in the apartment, though they are two months behind on the rent. "The landlords are very nice, very nice people," Mrs. Nardulli said. "But, of course, they would like their money."
If worse comes to worst, Mrs. Nardulli said, she will get a lot of bubble wrap and pack up all the treasures she has accumulated during her marriage: all the silk flowers and Precious Moments figurines, all the apple-themed kitchen gear and the framed maxim, "When there is love in the house, there is joy in the heart."
She has already asked friends whether they will store her things if she ends up in a homeless shelter.
"They think we're kidding," Mr. Nardulli said. "But we're just realistic."
'Special Interest' Items Part
of Homeland Security Bill, By Thomas Frank, NY Newsday, 11/16/2
Washington -- Senate Democrats accused Republicans Friday of sneaking an item into a
homeland security bill that would protect pharmaceutical companies from billions of
dollars in legal claims.
Democrats moved to kill the item and six other "special-interest provisions in
the bill, which could further delay creation of a new homeland security department at a
time of heightened fear over potential terrorist attacks.
Republicans said the provisions would strengthen domestic security and that Democratic
objections could stall by at least two months creation of a new department to lead
domestic anti-terrorism efforts.
Democratic attacks Friday focused on a one-page item that would expand vaccine producers'
liability protection. A major beneficiary would be Eli Lilly and Co., which was hit with
several class-action lawsuits last year alleging that a preservative formerly used in
children's vaccines caused autism.
Liability protection that is now given for vaccines would be extended to vaccine
ingredients, such as the disputed preservative thimerosal, which guarded against
contamination in commonplace vaccines. Eli Lilly was its leading manufacturer until
stopping use about 10 years ago amid reports it might cause harm.
"This deserves much more debate than being placed into a bill at the last minute for
the pharmaceutical industry, said Sen. Debbie Stabenow (D-Mich.), calling the
measure a "special favor for campaign cash to Republicans. The pharmaceutical
industry has given $14 million to Republicans so far this year and $5.2 million to
Democrats, according to the non-partisan Center for Responsive Politics.
An Eli Lilly spokesman dismissed the accusation of political payback but acknowledged the
measure would benefit the company.
Spokesman Edward Sagebiel said Eli Lilly was "surprised to find the item in the
homeland security bill and had not lobbied for its inclusion. The item was taken from a
separate bill, backed by Lilly and some medical groups, that was proposed in March but did
not advance.
Richard Diamond, a spokesman for House Majority Leader Richard Armey (R-Tex.), said the
item was added because the homeland security protected other makers of homeland security
equipment from product liability. "This is just another version of where a
life-saving medicine would be protected from being sued out of existence, Diamond
said.
Democrats had Republican support for Senate Majority Leader Tom Daschle's measure to
remove seven "special-interest items from a 500-page homeland security bill the
House passed Wednesday.
Sen. John McCain (R-Ariz.) indicated he would support Daschle. Rep. Dan Burton (R-Ind.),
chairman of a committee that oversees homeland security, echoed Democratic complaints,
saying, "These provisions don't belong in this bill, and that the vaccine
liability protection "is not a homeland security issue.
Democrats also sought to remove an item giving security companies that worked at airports
the same liability protection for Sept. 11-related lawsuits as airlines and others
received last year. Another provision would allow the homeland security department to
contract with additional U.S. companies that have incorporated overseas to avoid paying
taxes.
And another provision would create a homeland security research center. Democrats said the
15 eligibility criteria were so narrowly drawn that the center would end up at Texas
A&M University -- in the home state of Armey and House Majority Whip Tom DeLay
(R-Tex.). Republicans said 10 other major research universities would be eligible.
Taxman on Hunt
Near Ground Zero, By Maggie Haberman and Greg Gittrich, NY Daily News, 11/15/2
The IRS is going after $281 million in post-Sept. 11 aid being used to entice people to
live near Ground Zero.
"Why am I not surprised?" asked Frank Zerbi, who lives in Battery Park City. "It's just another kick in the teeth."
The Internal Revenue Service said yesterday tax bills will vary depending on where a tenant or homeowner lives and which type of housing aid granted.
For example, those who live closest to Ground Zero in Zone 1 are entitled to grants of as high as $12,000 over two years. But anyone in this zone who takes more than $4,000 the minimum grant must pay taxes on the money.
"The IRS is doing the wrong thing," said Sen. Chuck Schumer, who with Manhattan Democratic Reps. Jerrold Nadler and Carolyn Maloney is pushing bills to make the grants tax-free.
The bills also seek to prevent the IRS from taxing $772 million in federal small business aid.
Schumer said it is possible to make the housing aid tax-free by reclassifying it as emergency relief. He said he will discuss the idea with the Lower Manhattan Development Corp. and federal officials.
But several rebuilding officials were skeptical, saying the IRS has refused to budge despite months of discussions.
Assembly Speaker Sheldon Silver (D-Manhattan) has proposed a bill to eliminate state and city taxes on the housing and small business grants.
Meanwhile, corporation chairman John Whitehead insisted yesterday there is "no truth" to reports that he will be replaced. "I have no plans to leave, and the governor and mayor have no plans to fire me," he said.
Sources have said a change in the board's makeup and leadership is being considered.
Last night, Robert Hinckley, spokesman for Gov. Pataki said, "While we don't anticipate any change, [Pataki] will continue to consult with the mayor to review the progress of the LMDC."
IRS Claims Cut of 9/11 Downtown Grant Chex, By William Neuman, NY Post, 11/15/2
The Internal Revenue Service said yesterday it will collect taxes on federal grants meant to aid residents of lower Manhattan after the Sept. 11 terror attacks - drawing sharp criticism from downtown denizens.
"That's pretty outrageous. These are our own tax dollars, and they're coming back and being taxed again. It's really crazy," said Anthony Notaro, who lives in Battery Park City.
The federally funded grants are being distributed by the Lower Manhattan Development Corp., which conceived of them as a way to keep residents downtown after the terror attacks as well as a way to lure new residents to the wounded community.
"It is not right for the IRS to tax even a small portion of these grants," said Sen. Charles Schumer, who vowed to push legislation to reverse the IRS decision.
The IRS said it will target a portion of the grants given to residents who commit to live downtown for two years.
Under the LMDC program, people living closer to Ground Zero are eligible for more money, with residents in the immediate vicinity of the trade center receiving a minimum of $4,000 and a maximum of $12,000 in rent or mortgage subsidies. In a second zone, residents can get $2,000 to $6,000. The IRS said anything up to the minimum will be tax-free - but all grant money above that figure will be taxed as income.
One-time grants of $1,000 to residents living downtown at the time of the terror attacks and one-time grants of up to $1,500 for families with children will be off-limits to the tax man.
Tenants Fight
Complex Buy, By Eric Herman, NY Daily News,
11/15/2
Real estate investor Larry Gluck wants to buy one of lower Manhattan's biggest apartment
complexes, and some of the tenants aren't happy.
Some of those who live in Independence Plaza fear Gluck's plan will end their subsidized rents that are a fraction of market levels. A sale also could alter the buildings' character - changing it from a diverse place into a yuppie enclave, they said.
"We're very angry," said Neil Fabricant, president of the tenants' association. "We're well-organized now, and we're going to be better organized."
The fight brewing between Gluck and the tenants illustrates what can happen when apartments in the state's Mitchell-Lama program change status.
Mitchell-Lama provided tax breaks and low-interest mortgages to developers who built apartments that went for below-market rents. The law gives owners the right to leave the program after 20 years if they pay off the mortgage.
The city's department of Housing Preservation and Development must approve the sale. But short of filing a lawsuit, the tenants don't have the power to stop it. Fabricant wants to lead a buyout by the tenants and turn the building into a co-op.
Gluck did not return calls for comment, but a broker who represented him said the higher rents would enable Gluck to improve the property.
"As much as they protest, the tenants are going to be very happy," said the broker, William Wagner. "Right now, the place is a pig sty."
Independence Plaza includes three 40-story towers on Greenwich Street, between N. Moore and Duane streets. It was built in the 1970s. Many current residents have lived there almost from the beginning.
"When we moved down here you couldn't rent these places," said Kathryn Freed, an ex-city council member who lives there.
Gluck has a contract to buy Independence Plaza from the Cohn family for an undisclosed price. The property has a $50 million mortgage, according to HPD.
Under Mitchell-Lama, rent is determined according to a formula. A one-bedroom in Independence Plaza could rent for as little as $700 a month - roughly a third of a market-rate one-bedroom in the area.
Wagner said "economically challenged" residents at Independence Plaza would still be protected, since they could enter federal housing programs.
Victims' Kin Find Fault With Overseer of 9/11 Fund, by David Chen, NY Times, 11/13/2
ith greater frequency and deepening anger, the relatives
of the victims of the Sept. 11 terror attacks are growing disenchanted with the man who
oversees the federal Victim Compensation Fund. They say he breaks promises, delays
decisions repeatedly and provides conflicting guidance for a program that is intended to
pay out billions in awards.
Family members, along with lawyers and company officials whose colleagues were killed or injured in the attacks, have complained that the fund's special master, Kenneth R. Feinberg, often promises decisions within a week or two, only to repeat the same promise for weeks, then months, without delivering. They have also accused Mr. Feinberg and his staff of being inconsistent; one relative said that he once got three different responses to the same question on pension benefits.
Members of one family who received an award that was 25 percent less than what Mr. Feinberg had personally pledged say they now feel betrayed, and are warning other victims to "be careful." And many complain that Mr. Feinberg's staff members can be overly technical in allowing minor problems on applications like failing to check off the box to one inconsequential question to derail the process for weeks.
Charles Wolf, who lost his wife, Katherine, an employee at Marsh & McLennan, was so unhappy about the fund that he started a Web site, www.fixthefund.org. He says Mr. Feinberg remains hugely unpopular.
"I believe in his sincerity, and I want this program to succeed for all the families," he said. "But nothing short of a major action on his part to resolve his missteps, coupled with a significant apology, will begin to set things right."
The crescendo of complaints represents a critical shift in the public perception of the fund. Early on, many family members complained that the rules governing the fund were intended to limit payouts and thus the cost to the government. Then, when the fund attracted far fewer applicants than anticipated, Mr. Feinberg attributed the poor response to wholesale grief.
But now, according to interviews with more than three dozen people involved in the fund, the debate about the fund's merits is focusing more and more on Mr. Feinberg's personal management style, as well as speculation that he is being politically shackled by the Bush administration. And the anger at Mr. Feinberg raises yet another set of questions about the eventual success of a novel program that government officials said would provide prompt, generous financial relief to devastated families.
In an interview, Mr. Feinberg acknowledged that some of his decisions had taken "too long," and that he was "sympathetic to the frustration of the families." But he also strongly defended the performance of the fund and its staff, saying that it was vital to corroborate claims and "be careful with the taxpayers' money."
He also suggested that most complaints were coming from a vocal minority that has not yet filed. By contrast, he said, most families who have received awards have told him that the payouts were fair, even generous. So if widespread disillusionment exists among the families, Mr. Feinberg hasn't noticed.
"I don't see it," Mr. Feinberg said. "I've heard more the other way, that `'we've been treated fairly, he's a man of his word, he's delivered on what he said he would.' "
But in interview after interview, victims and lawyers expressed endless exasperation with what they said was Mr. Feinberg's tendency to overpromise and underdeliver. Many of them were people who had in fact already filed with the fund, contrary to Mr. Feinberg's claim.
"His constant hesitation to make a final decision or put in writing what is said orally is just prolonging the anguish of the families," said Kenneth P. Nolan, a partner at Speiser, Krause, Nolan & Granito in Manhattan, which represents more than 60 families. "This is New York. Be an upfront guy. Tell the people the truth. If you can't do something in 10 days, then you say you can't."
Sally Regenhard, who lost her son, Christian, a firefighter, founded the Skyscraper Safety Campaign, and is in regular contact with dozens of families. She has not yet filed with the fund. "A lot of people do feel that at times this man talks out of both sides of his mouth," she said.
Few people thought that Mr. Feinberg would have an easy time with a fund that was hastily passed by Congress as part of an airline bailout package. If anything, many family members and lawyers expressed admiration that Mr. Feinberg had taken on a thankless, maybe impossible, job of attaching a sliding scale of monetary values to the dead.
But as of yesterday, only 783 people had filed even partial claims, of which less than 200 had been deemed "substantially complete" by Mr. Feinberg's office. Indeed, the pace of less than two new filings a day has not changed since the government announced its first awards in August.
Now, with only 13 months to go before the application deadline of Dec. 21, 2003, the total number of award offers stands at a modest 85, with an average payment of $1.49 million. Sixty applicants have said yes to the award. Ten have said no, and want to appeal. The rest have not yet responded.
Many family members say they have been turned off by what they characterize as Mr. Feinberg's hard-sell style, as well as with the paucity of information. In June, for instance, Mr. Feinberg agreed to evaluate, on a preliminary basis, several claims involving victims who made more than $231,000 a year the maximum salary on the standard actuarial tables used to calculate a person's lost income and worth. He said he would have answers in a couple of weeks.
He is still saying the same thing four months later, families and lawyers say. "I've gone weeks where I've been afraid to call my clients, because they think I have an answer when I call," said Justin T. Green, a lawyer at Kreindler & Kreindler, which represents 350 families. (Yesterday, though, Mr. Feinberg called to apologize for the delays.)
And some families say that the process does not improve once an award is made. One family that filed early in order to bury the trauma of Sept. 11 remains bogged down in details over taxes and the distribution of the award, even though it has been more than two months since Mr. Feinberg promised that the process would be over within days.
"It's just been a lot of nights not sleeping, a lot of days crying," said the family member, who spoke on the condition of anonymity.
Mr. Feinberg does have his defenders. On Sept. 30, Trial Lawyers Care, a national consortium of lawyers offering free legal services, announced that despite a lengthy delay, he had made offers on a group of test cases that were, on average, more than 60 percent higher than projected.
And one family that originally accused Mr. Feinberg of breaking a verbal promise met with him recently and came away satisfied with the amended figure.
Still, when Michel F. Baumeister, an aviation lawyer in Manhattan whose firm represents 70 families, met with Mr. Feinberg to discuss six cases involving high-income families in early June, he believed Mr. Feinberg's pledge of a concrete response in two weeks.
But only yesterday did Mr. Baumeister receive such numbers from Mr. Feinberg on four of six cases. Mr. Baumeister, who has known Mr. Feinberg for years, said he wondered if the Bush administration was encouraging the special master to go slow to limit payments and bolster tort reform efforts.
Mr. Feinberg flatly rejected the thought. "The buck stops with me, and me alone," he said yesterday.
Even so, some families say that any responses, however statistically just, may amount to Pyrrhic victories because of the emotional price exacted by Mr. Feinberg's conduct.
One person who barely survived the World Trade Center's collapse applied to the fund five months ago because he suffered debilitating injuries and desperately needed financial help. But despite receiving almost weekly promises that his case would be resolved, nothing has happened other than the fact that he has lost his house and exhausted his savings.
He said he had to quit his job as a business consultant because of his injuries. "I can honestly say this has been most frustrating and nerve-wracking experience in my entire life," said the victim, who spoke on condition of anonymity. "And that includes surviving the 9/11 collapse."
Study Examines Firefighters Post-9/11, By William Murphy, NY Newsday, 11/12/2
Two groups of private researchers are teaming up to study the overall well-being of city
firefighters after Sept. 11.
The firefighters union and researchers from Cornell University and the Smithers Institute
are to announce today that they will examine firefighters for stress, trauma, substance
abuse or any other conditions stemming from Sept. 11.
The project will be headed by Cornell professor Samuel Bacharach, who also leads the R.
Brinkley Smithers Institute for Alcohol-Related Workplace Studies.
The Smithers research group shares some functions with but is not directly tied to the
Smithers Institute, which treats substance abusers.
Officials declined yesterday to discuss details of the study, but they said it also would
attempt to go beyond Sept. 11 and "try to give a broad picture of the working life of
New York City firefighters."
Many of the firefighters who worked at the World Trade Center have complained of chronic
bronchial problems that has been called "World Trade Center cough."
Hundreds of firefighters have filed notices of claim against the city, saying they intend
to sue for medical problems caused by the lack of proper filters to keep them from
breathing toxins in the air.
The leadership of the two unions representing firefighters and superior officers has been
lobbying to get free lifetime health monitoring for all firefighters who worked at the
trade center.
Ironworkers'
Job Is Over, but the Trauma Lingers,
The four men sat on a sunny sidewalk in Greenwich Village on a recent workday and ate their lunch staring at the steel skeleton of a building going up on West Third Street.
One of them commented on how much easier it was to eat a sandwich in front of steel that was strong and straight and new, not molten and mangled and laden with debris.
The men Larry Keating, Danny Doyle, Mike Emerson and Bobby Graves are veteran ironworkers in Local 40. They were at ground zero "from the first day to the last day," as they proudly describe it, working closely with firefighters, cutting steel and picking through wreckage for human remains. It was devastating work, and the four men say they got through their long, grueling shifts by banding together and talking each other through the horror.
The job ended in June, when the last steel beam was lifted from ground zero. But for the ironworkers and other workers who handled body parts and blowtorches, the trauma is not necessarily fading.
Many workers have turned to a federal screening program run by the Mount Sinai School of Medicine to get help with problems both physical and mental. But for many others, reaching out for help is out of the question.
"It's over, but it's not over," Mr. Keating said. "You were working in a graveyard and saw a lot of stuff you weren't meant to see, and a lot of it still lingers. We talked each other all the way through the cleanup, and we're still doing it."
Mr. Keating, 50, a 23-year veteran ironworker who served as a foreman at ground zero, explained that the foursome arranged to remain together after the cleanup. They worked briefly at the Williamsburg Bridge and then moved to this job site, which will become New York University's new law school.
"The cleanup was as traumatic as it gets," Mr. Keating said. "But I don't know one guy who has said anything about seeking therapy."
Officials estimate that as many as 30,000 people may have helped in the cleanup of ground zero. The ironworkers, and the roughly 1,500 other union laborers heavy equipment operators, carpenters and others who worked full time clearing the pile, as it was called, have returned to job sites that are not graveyards.
But many of them grew dependent on the long hours to steer them through the disaster, said Brian Lyons, a site supervisor at ground zero.
"Now that the cleanup's over, a lot of guys have gone off the deep end," Mr. Lyons said. "When you were working down there, you had responsibility and pride. You could do something about the tragedy. But when the job was over, and we laid the guys off, some took it very hard and couldn't stop coming back to the site. Some had to be escorted off the property. They kept showing up like they were lost. Some of them wanted to work for nothing. You had to snap them into reality and say: `The job's over. Go home.' "
For the four ironworkers working on West Third Street, it's back to normal life: leaving the house at 6 a.m. to get to the job and walk narrow steel beams high in the air. At this site, the smell is of coffee bars and sandwich shops, not death and burning jet fuel.
Mr. Emerson, 36, and his wife had their first child, a daughter, seven days before the collapse, but because of the long hours on the cleanup, he said, "I basically never saw her awake for her first six months."
"My social life and family life came to an end," recalled Mr. Emerson, of Yorktown, N.Y. "You spent your home life on edge, and we saw each other more than we saw our wives."
The men often worked 20-hour days and would go home to shower, sleep an hour and return to the pile. After about seven months, they all got their first weekend off. Afterward, they compared stories and found that they all had fought with their wives and had felt strange being away from the pile.
Still, Mr. Graves, 49, a 28-year veteran ironworker from Brooklyn, prefers to speak of ground zero as just another workplace. "The way I see it is: it was a job," he said. "Now the job's done, and I'm on to another job."
But Mr. Emerson disagreed. "How can you compare the pile to any other job?" he said. "No job will ever be like it. It was a different sense of purpose, a different feeling, a different motivation."
Mr. Doyle joked about the exotic colors of the vapors they inhaled during the cleanup and rattled off the names of what they heard the contaminants were: silica, gypsum, fiberglass, polyvinyl chlorides, benzene, asbestos.
"They still don't know what the hell we were breathing in down there," said Mr. Doyle, 44, of Brooklyn, an ironworker for 24 years.
It is difficult to say whether ground zero workers will suffer long-term health problems from the cleanup, said Dr. Robin Herbert, co-director of the World Trade Center Worker and Volunteer Medical Screening Program.
The federally financed program was set up in July by the Irving J. Selikoff Center for Occupational and Environmental Medicine, part of the Mount Sinai School of Medicine, to give free screenings to ground zero workers and monitor them for long-term medical problems. The screening center is in a luxury apartment building on Fifth Avenue near 101st Street. All day long, strapping construction workers saunter through the marble lobby in their dusty work clothes. Appointments are booked solid for months.
Senator Hillary Rodham Clinton helped get the initial financing approved by Congress for the center. In June, Congress approved $90 million for screenings and long-term health monitoring of thousands of ground zero workers, but President Bush rejected the plan, citing budget constraints. Mrs. Clinton's office is in discussions with the Federal Emergency Management Agency about more money for health screenings.
Dr. Herbert said that many workers suffer from respiratory problems and psychological difficulties, including post-traumatic stress disorder. She calls the workers "the invisible walking wounded" from 9/11.
"It's sad to see people who worked so hard with cleanup and their lives are shattered," she said. "They have flashbacks, nightmares, depression and some patients who will never be able to return to their trade, because of chronic asthma from ground zero."
One patient, John P. Graham, 40, a union carpenter, went to ground zero on Sept. 11 and tried rescuing victims, while dodging debris and falling bodies. Mr. Graham, a health and safety instructor for the New York District Council of Carpenters, takes medication, including steroids for his chronic cough, and goes to therapy because he still dodges falling bodies in his nightmares.
Then, around the one-year anniversary, a co-worker from ground zero attempted suicide, he said. "This was a big, strong guy," Mr. Graham said. "You start thinking, `If he's capable of that, when am I going to start seeing the boogeyman?' "
9/11 Tape Raised Added Questions on Radio Failures,
or much of the last year, New York City has said the
devastating breakdown in fire communications at the World Trade Center was largely caused
by the failure of an electronic device in the complex called a repeater, which was
designed to boost radio transmissions in high rise buildings.
Now, however, the Port Authority of New York and New Jersey's analysis of its 78-minute tape of firefighter communications from Sept. 11 flatly contradicts the city's version of what went wrong. It also raises questions about the thoroughness of the city's investigations into the worst loss of life any fire department has ever experienced 343 men.
If the Port Authority's position is correct, it raises the possibility that different factors failure of other equipment, design of communications consoles in the tower lobbies, or a simple mistake made at a moment of high stress might have accounted for the communications breakdowns. Many firefighters believe those breakdowns contributed to the department's staggering losses.
On the tape, which recorded transmissions as they were passed through the repeater, firefighters in the south tower can be heard speaking over their radios until the building collapses. Practically no communications are recorded from firefighters in the north tower, even though the same repeater served both of the towers.
Before the voices from the south tower are heard, a series of coded tones are captured on the tape, marking the moment that the radio repeater was turned on, a spokesman for the Port Authority said.
In the view of Port Authority officials, those transmissions show beyond any doubt that the repeater worked, contrary to the accounts given in an official study of the emergency response that has been endorsed by Mayor Michael R. Bloomberg and Fire Commissioner Nicholas Scoppetta.
Asked, then, what would account for the communications failures, a spokesman for the Port Authority, Greg Trevor, said, "You will have to put those questions to the Fire Department."
The tape is likely to be remembered as far more than a record of what went wrong. It contains the only permanently preserved voices of firefighters from the tower stairwells, including transmissions from the fire chief who climbed highest into the building. As the firefighters raced up the stairs of the south tower, and right until the final seconds, they can be heard calmly organizing help for injured civilians as high as the 78th floor.
"All right, Tommy," a firefighter from Ladder 15 is heard saying minutes before the collapse, "it's imperative that you try to get down to the lobby command post and get some people up to 40. We got injured people up here on 70. If you make it to the lobby command post, see if they can somehow get elevators past the 40th floor. We got injured people all the way up here."
A spokesman for the Fire Department, Francis X. Gribbon, said yesterday that the department still believed the machinery had failed in some way. "The system was tested in the lobby by two experienced chiefs who came to the conclusion that it was not functioning," he said, referring to the north tower.
That leaves unanswered one of the most stinging of all the questions about fire operations that day. Even though the north tower stood 29 minutes longer than the south tower, at least 121 firefighters did not escape from it. While chiefs in the north tower lobby issued orders to come down, they received no response.
The accounts of witnesses and firefighters who survived suggests that most of the men in the building simply did not know how much trouble they were in. Witnesses said that scores of firefighters, unaware of the peril, were resting on the 19th floor of the north tower during its final minutes. Some firefighters who managed to get out said they had no idea the other building had already fallen, and said that they thought that few of those who perished knew.
In February, even as the department was beginning a study of its Sept. 11 response, fire officials declined invitations to listen to the Port Authority's tape, which was recovered by Port Authority police officers from the rubble.
Not until the tape's existence was reported by The New York Times in July did fire officials decide to listen to it. Mr. Scoppetta has said that his aides did not tell him about the tape.
By then, the department's study of the Sept. 11 response was all but complete. The consulting firm that was conducting the study, McKinsey & Company, sent one of its associates to listen to the tape and to hear the analysis by the Port Authority, according to Carlos Kirjner, the McKinsey official who led the study.
In the end, Mr. Kirjner said that, even with the tape, it was not clear that the repeater had worked flawlessly throughout the buildings. No one could prudently ignore the perspective of senior fire chiefs, who had tested the system and believed it was not operating, he said.
"We came to the conclusion that arguing about the different versions was not a fruitful exercise," Mr. Kirjner said. So the report from McKinsey addressed the communications failure from the perspective of the fire chiefs, who believed the repeater did not work. Mr. Kirjner, who has a doctorate in electrical engineering and specializes in wireless communication, said his firm did not take a position on the repeater.
At the Port Authority, officials have long felt that the complaint about the failure of the repeater simply shifted the blame. While blame for the catastrophe is the subject of many lawsuits, Port Authority officials have resented the suggestion that their equipment failed.
The repeater was installed on the top floor of 5 World Trade Center after the first terrorist bombing in 1993. "During our radio coverage tests, we concluded that the system worked exceptionally well," Deputy Fire Commissioner Steven Gregory wrote in a 1994 letter to Allen Reiss, the Port Authority official who oversaw the installation.
On Sept. 11, it did not seem to be working well to Battalion Chiefs Joseph Pfeifer and Orio Palmer, two of the first chiefs to respond. They tested their radios but could not hear each other, an effort that was recorded by the repeater tape.
One possible explanation, according to a Port Authority radio expert who reviewed the tape, is that the problems originated with a radio console that had been set up in the lobby by the Port Authority at the request of the Fire Department. The console resembled a telephone and served as a fire radio. The official suggested that a broken earpiece could have made it impossible for Chief Pfeifer to hear Chief Palmer. Another possible explanation is that the volume had been turned all the way down before they arrived.
In any event, Chief Pfeifer needed to establish communications quickly, so he turned to a backup repeater in his car, the tape makes clear. That repeater also did not appear to work. When the second plane hit, Chief Palmer was dispatched into the south tower with a senior chief, Donald Burns. There, both were able to speak over the trade center's repeater channel that had stymied Chief Palmer a few minutes earlier.
Chief Palmer took an elevator to the 40th or 41st floor, and then climbed on foot to the 78th floor within 30 minutes. As he ascended, he radioed reports on the conditions to the chief in the lobby and to other firefighters in the stairwells.
To Port Authority officials, those reports from the core of the building showed the repeater worked in the most difficult of environments.
Despite a public position that the repeater did not work, the city's top officials now want to replicate the trade center's system in high rises all over the city. Indeed, two weeks ago, Mr. Scoppetta sent a letter to the Port Authority saying that the mayor wanted the technical plans for the trade center's repeater system.
"The City of New York contemplates using the WTC Radio Repeater system as a model for future system development throughout the City," Mr. Scoppetta wrote.
Fire Department Tape
Reveals No Awareness of Imminent Doom,
he voices, captured on a tape of Fire Department radio
transmissions, betray no fear. The words are matter-of-fact.
Two hose lines are needed, Chief Orio Palmer says from an upper floor of the badly damaged south tower at the World Trade Center. Just two hose lines to attack two isolated pockets of fire. "We should be able to knock it down with two lines," he tells the firefighters of Ladder Company 15 who were following him up the stairs of the doomed tower.
Lt. Joseph G. Leavey is heard responding: "Orio, we're on 78, but we're in the B stairway. Trapped in here. We got to put some fire out to get to you."
Ladder 15 had finally found the fire after an arduous climb to the 78th floor, according to the tape. They were in the B stairwell. On the other side of the fire were hundreds of people, blocked from fleeing by smoke and flame on the stairs. Chief Palmer was facing similar fires in the A stairwell, across the floor.
"We're gonna knock down some fire here in the B Stair," Lieutenant Leavey is heard telling one of his firefighters. "We'll meet up with you. You get over to the A Stair and help out Chief Palmer."
The time was 9:56 a.m. The firefighters had just arrived at a place where, 54 minutes earlier, many people had been waiting for elevators when the second plane came crashing through the building. Now Chief Palmer and Ladder 15 were surrounded by the wounded whom they hoped to evacuate.
Like the cockpit voice recorder from a downed jetliner, this tape, discovered in an adjacent building several weeks after Sept. 11, is providing a glimpse into unseen corners of the tragedy and the resolute advance of firefighters as they encountered the largest catastrophe of their lives.
The 78-minute tape, which was found in a room at 5 World Trade Center where radio transmissions were monitored, is the only known audiotape of firefighters at the scene. In recent months, officials of the Port Authority of New York and New Jersey, which maintained the recording system, have allowed fire officials and family members to listen to it. It was not publicly released, however, until this week. The release came after federal prosecutors, responding to a court motion by The New York Times, said that making it public would not interfere with the prosecution of terrorists.
Officials from the Port Authority and the Fire Department are still debating what the tape tells them about the breakdowns in radio communication that day. There are several long stretches of silence on the tape. Transmissions from only a few of the companies that operated in the south tower are recorded. A few additional snippets of conversation can be heard from firefighters in the north tower, where radios using the same frequency were also monitored.
But sections of the tape provide vivid images of the firefighters: the breathless voice of Chief Palmer, a marathon runner, after dashing up dozens of flights; the assurances from firefighters to him that they are coming on his heels; the effort to create a medical staging area for the wounded on the 40th floor.
At several points in the tape, fire commanders can be heard speaking with urgency. A commander alerts a colleague that he needs more companies to handle what he is facing in the south tower. The chiefs discuss the need to get more elevators into service, to carry firefighters up and to transport the injured back down.
But nowhere on the tape is there any indication that firefighters had the slightest indication that the tower had become unstable or that it could fall.
"Chief, I'm going to stop on 44," Stephen Belson, an aide to Chief Palmer, tells him at 9:25 as he ascends.
"Take your time," the chief responds.
A half-hour later, the tape reveals, firefighters from Ladder 15 had loaded 10 injured people into an elevator and begun a descent to the lobby. Down below, fire commanders were waiting, hoping to use that elevator, the only working one in the building, to ferry additional firefighters back up to the heavily damaged floors. But suddenly the elevator stopped, according to the tape.
"You're going to have to get a different elevator," a firefighter from Ladder 15 says over the radio. "We're chopping through the wall to get out."
A few seconds later, at 9:58 a.m., Chief Palmer tries to raise someone from the ladder company. "Battalion 7 to Ladder 15," he calls.
But the tape remains silent.
I.R.S.
Says 9/11 Grants to Businesses Are Taxable,
he Internal Revenue Service says that government money
to help Lower Manhattan small businesses recover from the September 2001 attack is subject
to federal taxes, even though grants to individuals for personal expenses like housing are
not.
In a letter sent Wednesday to New York's Congressional delegation, Charles O. Rossotti, on his last day as I.R.S. commissioner after recently announcing his resignation, said that current law required this. But he also said that a business receiving the aid would generally not pay taxes on the full amount, because it could offset against the grant amount the deductible business expenses paid with the money.
But members of Congress and spokesmen for small businesses in Lower Manhattan, who had been pressing for the I.R.S. to declare flatly that the grants would be exempt from federal taxes, were critical of Mr. Rossotti's letter after receiving copies yesterday.
They said that despite expense-deduction provisions in the tax code, much of the grant money would still be returned to the government in taxes, and that using the deductibility provisions to minimize taxes on the grants would be complex and burdensome for most small businesses, in contrast to a simple exemption of the grants from taxes.
"Downtown business owners don't need to be spending their time on tax-avoidance planning, as the commissioner is suggesting," Representative Carolyn B. Maloney, Democrat of Manhattan and Queens, said. "They need to be spending their time rebuilding their businesses."
And Senator Charles E. Schumer said, "My overall reaction is that in many instances small businesses will be required to pay taxes on the grants, and that was never the intent of Congress." He said that if the I.R.S. did not change its interpretation, he would press for legislation "so that no grant recipient would pay taxes" on the money.
The grants come from the two major programs intended for small-business recovery and revival in Lower Manhattan, both run by the state and city with federal funds.
One program provides businesses with up to 500 employees compensation for up to 25 days' worth of revenue losses. Under the other program, many businesses that have up to 200 workers, and that sign new or renewal leases of at least five years in the area by the end of 2004, can seek up to $5,000 per employee.
In explaining why expense-deduction provisions in the tax code would not necessarily wipe out taxes on a grant, Michael Hirschfeld, a Manhattan tax lawyer, gave the examples of two businesses receiving $20,000 grants late in the same year.
One spends all $20,000 for business costs in that year, and no taxes have to be paid on the $20,000. The other spends only $10,000 of the grant that year, and the remaining $10,000 early the next year. It has to pay taxes in the year it received the grant, on the $10,000 not spent that year.
IRS
Putting Bite on 9/11 Small-biz Aid, By Greg Gittrich, NY Daily News, Friday, November 8th, 2002
Uncle Sam has decided it wants a chunk of its post-9/11 aid back.
Despite protests from New York elected leaders, the IRS revealed yesterday that it will tax $772 million in grants being given to small businesses in lower Manhattan.
While the financial hit will depend on how much aid a company received and how it was used, business owners said the taxes could force many of them to shut down.
"This is going to put a tremendous hardship on the businesses that have suffered the most since the attacks," said Meyer Feig, president of the World Trade Center Tenants Association, a coalition of 80 companies that were in the twin towers.
Angry New York politicians began to battle the feds over the tax issue in September, when the Daily News revealed the Internal Revenue Service had its eye on the grant money.
"The IRS should be ashamed of itself," Rep. Carolyn Maloney (D-Manhattan) said yesterday. "This decision makes no sense."
She learned of the tax ruling through a letter from IRS Commissioner Charles Rossotti, whose term expires this week. An IRS spokesman declined comment.
Maloney and Sen. Chuck Schumer (D-N.Y.) - who blasted the IRS decision as "wrong" yesterday - have pledged to push legislation to make the grants tax-free.
But another New York official said Republican victories in Tuesday's national election could hinder those efforts.
Assembly Speaker Sheldon Silver (D-Manhattan) has proposed a bill to eliminate state and city taxes on the aid regardless of what the IRS does.
Mediator to Help
in WTC Plan, By Greg Gittrich and Maggie
Haberman, NY Daily News, Friday, November 8th, 2002
Ground Zero officials are broadening their memorial planning process beyond victims'
relatives - and hiring a special mediator to help put together the permanent tribute.
The move, expected to be announced as early as today, follows Gov. Pataki's reelection - and leaves some victims' relatives worried that their input will be devalued.
It also comes as the Lower Manhattan Development Corp. and the site's owner, the Port Authority, have begun discussing how to speed up the overall planning process so that decisions affecting underground transit can be made.
Officials said that the LMDC, which is overseeing the permanent tribute at Ground Zero, is forming two committees - one to craft a vision for what the memorial should express, the other to determine specifics of what it should contain.
"The committees will consist of representatives of groups affected by Sept. 11, including families, and will work to create a vision for the memorial," said LMDC spokesman Matthew Higgins.
A cross-section
Each committee will include about three 9/11 victims' relatives. But rescue workers, survivors and those who live and work in lower Manhattan also will be given seats on the panels.
LMDC officials also are hiring a mediator, who will work with both committees on the sometimes contentious discussions about the tribute.
Officials hope to launch an international competition for designs for the memorial in January.
The committees were quietly formed by the LMDC in the past few weeks - with several members of the agency's families' advisory council unaware that it was happening.
In fact, many members of the council already had begun working on a revised vision statement.
"The families' advisory council has taken on that task, and we were doing quite well at it," said Lee Ielpi, who lost his son Jonathan in the Trade Center collapse.
"So I'm at a bit of a loss as to why we need an additional committee to do that [form new committees]," Ielpi said. "But if they [do that], the majority of the members should be families that lost loved ones."
St. Paul's Chapel Slowly Dismantles 9/11 Memorial, By Michael Wilson, NY Times, 11/8/2
A grass-roots memorial to the victims of the World Trade Center attack that grew in the last year from a few remembrances on the fence surrounding St. Paul's Chapel to a cluttered collection of tributes is slowly being cleared, one flag, one shirt, one doll at a time.
The job is delicate, both physically and symbolically. Two men in windbreakers worked in silence yesterday, peeling worn T-shirts like layers of skin from the iron bars, passing a knife back and forth for the tough knots.
The fence became a spontaneous memorial about a year ago, when downtown Manhattan reopened and visitors began to leave flowers, candles and other items near it. Soon, the fence and the block were completely shrouded in jerseys, ball caps and signed dropcloths. With them came vendors, shoulder-to-shoulder on the sidewalk, selling caps and shirts of their own.
After the first anniversary of the Sept. 11 attack, residents at nearby apartments on Broadway complained, saying the fence had become unsightly and perhaps unsanitary. It left the leaders of Trinity Church, which includes St. Paul's Chapel, with a problem.
"Certainly, we pride ourselves on being a good neighbor," said the Rev. Samuel Johnson Howard, the vicar of Trinity. "But this is also a national and an international question."
The answer was to clear it but slowly. One day a week, workers will clear away memorial tributes on 10 feet of the fence, five feet in each of two sections. The fence should be clear shortly after New Year's Day.
"What are you guys doing with all this stuff?" a tourist asked. "Saving it," said Javier Maisonet, 25, a church employee, as he had said dozens of times since work began last week. "For museums." He folds every item carefully and lays it inside a cardboard box, pausing to shake the dust out of a cap or a frayed flag.
For those familiar with the memorial, the effect of its clearing is startling. "They're taking it down so fast," Carter Booth, a chapel volunteer, said yesterday. Dozens of tourists stopped to look and take photographs. Earlier this week, some confronted a worker clearing the fence, telling him to stop, said the Rev. Dr. Daniel P. Matthews, rector of Trinity Church and the chapel.
The slow pace was set by the tourist calendar, to allow the city's Christmas visitors to see the memorial.
The work is not going quickly enough for Andy Jacobson, a neighbor who began the letter-writing campaign. He said the fence frightens his young children.
"Rather than have tourists remember St. Paul's Church as an unsightly collection of torn T-shirts, old baseball hats and sidewalk vendors hawking 9/11 memorabilia," Mr. Jacobson said, "I would have hoped, that much like the holiday season, they celebrate the birth of spirit that all New Yorkers share."
LMDC's Future Unclear, By Katia Hetter, NY Newsday, November 6, 2002
The Lower Manhattan Development Corp. faces serious questions about its future
from who will head the agency to whether it will continue to exist.
While its unclear whether LMDC president Lou Tomson will leave by next year, critics
say that the overall World Trade Center redevelopment effort lacks clear leadership.
They also charge that the agency created to lead downtowns redevelopment, despite
some notable successes, has not focused on an overall economic plan for lower Manhattan or
needed job creation programs.
A day after his overwhelming re-election, Gov. George Pataki committed to rebuilding the
World Trade Center site as one of his top priorities in his third term.
Were going to rebuild lower Manhattan and make sure its the financial
center of the world and that we have an appropriate memorial, Pataki said.
He offered no details on who would lead the effort or what he hoped to see on the 16-acre
site.
Before Tomson left Thursday for a weeks vacation in Bermuda, the longtime Pataki
aide did nothing to dampen rumors about his departure from the agency.
Patakis victory accomplished, several insiders predicted that Tomsons job was
done after 10 months of service, leaving him free to spend more time with his wife, Inga.
This is a job you have to do full-time, all-out, said Tomson, 62, who is known
for solving the Long Island power crisis by creating the Long Island Power Authority and
the introduction of the Metrocard. When I get to the point where I dont want
to do it full-time, then Im going to make way for someone else to do it. I
dont know when that point will be.
The future of the agency after the election also is unclear, with Patakis vision for
the trade center still unstated.
With many agencies involved in lower Manhattans future, some people say the
agencys power will be reduced to planning a memorial and soliciting public input.
Others say Pataki could dismantle the agency over the next year, handing power over lower
Manhattan to Mayor Michael Bloomberg or Pataki confidante Charles Gargano, head of the
Empire State Development Corp. and the Port Authority, which owns the trade center site.
With the election out of the way, the ability to resolve the tensions between the
Port Authority and LMDC can be dealt with, said one official involved in the process
who declined to be named. The LMDC is a bureaucracy unto itself, which is not
playing well with others.
Gearing up for the next round of architectural proposals for the site and a memorial
competition, LMDC officials say they arent going anywhere.
They cite many accomplishments in the first year, including:
--An extensive public outreach, started while staffers worked in borrowed offices. The
agency created nine advisory councils, while reaching out to hundreds of individuals,
agencies, businesses and non-profits with a stake in the redevelopment of lower Manhattan.
--Creating six initial site plans, then rejecting them after a huge public outcry. The
agency reduced office space required at the site and hired new architects to create new
designs for the site.
--A successful residential grant program, which retained and attracted newcomers downtown,
expanded in response to public comment to include Chinatown.
Its been extraordinarily productive year, said Daniel Doctoroff, deputy
mayor for rebuilding. Were engaged in a very complex process, and the pace has
picked up dramatically over last couple months. Soon, I hope well have a plan (for
the trade center site).
To date, however, there is no clear leadership of downtowns development. Pataki, in
cooperation with New Jersey Gov. James McGreevey, has failed to choose a single individual
or agency to lead the effort, critics say.
Even within the LMDC, no one person is in charge. While chairman John Whitehead is
publicly at the helm, power is also shared with Tomson and LMDC board member Roland Betts,
who chairs the boards site planning committee.
Port Authority officials, New Jersey officials, city representatives and a variety of
transportation agencies also play key roles.
That led state Assembly Speaker Sheldon Silver to call public hearings raising concerns
over redevelopment in his Lower Manhattan district, over which he has no control.
Who is directing the rebuilding of lower Manhattan? Silver asked recently,
speaking after a recent Assembly hearing on downtown transportation.
Fourteen months later (after Sept. 11), we still dont know.
Pataki, whatever he wants for the site, knows his political future depends on getting it
right there, many say.
His appointees, LMDCs Tomson and the Port Authoritys executive director,
Joseph Seymour, know each other well and can solve disputes with a phone call.
However, rumors also abound at the Port Authority, where staffers wonder if Pataki
confidante Seymour, appointed Dec. 13, will remain.
Although Port Authority officials publicly deny Seymour is leaving, others say he is
frustrated with the time the trade center requires.
Seymour replaced Neil Levin, who died in the terrorist attacks.
Tomson and Seymour have agreed to the Port Authority taking the lead on transportation
issues.
But even that decision has led to New York transportation agency officials worrying that
disaster funds could benefit New Jersey.
Some suggest that giving Bloomberg control over redevelopment, because he seems willing to
take the political hits necessary to move forward.
It would simplify the process, said one official familiar with the process.
Whatever the LMDCs future, its officials are making no plans to disappear at this
point.
And any government official wanting to eliminate LMDC would face a significant roadblock:
Congress budgeted $2 billion in federal funds.
Despite ample funds and some successes, the agency could do better in several areas, some
say:
--An Economic Plan. Regional Plan Association president Robert Yaro suggested that LMDC
officials do more to plan for the economic future of the entire downtown district.
There is this continuing saga of locking into a program to find a middle ground
between the Port Authoritys financial needs, the leaseholder (Larry Silverstein) and
the public interest, said Yaro, also part of the Civic Alliance to Rebuild Downtown
New York, a coalition of more than 75 business, community and environmental groups.
Well see whether this program meets the public interest.
--Public Outreach. Despite the agencys success in reaching out to the public,
the public outreach and public input process is still falling short,
Going beyond official advisory councils, the LMDC could do a better job working with
more community groups and civic organizations, said Holly Leight, the Municipal Art
Societys director of design, planning and advocacy.
Leight, who oversaw Imagine New York, an outreach project related to the the recovery of
the site and the city.
What they arent doing is capitalizing enough on the community groups and trust
those groups have with their constituencies to reach a broader and more diverse
audience.
--Job Creation. Nor are they focused on the less fortunate, says David Dyssagaard Kallick,
a senior fellow at the progressive Fiscal Policy Institute and a member of the Labor
Community Advocacy Network to Rebuild New York.
Theyre missing any kind of real job creation program, Kallick said.
The only thing it (the government) has done related to job creation is to give money
to corporations downtown, and that was done by the city and state economic
development agencies.
In response, LMDC spokesman Matt Higgins said the agency is conducting an economic
analysis of downtowns office, retail and residential needs, while undertaking one of
the most most extensive public outreach programs in government history.
The agencies division of labor means financial assistance and job creation falls to
state and city economic development agencies, partially funded by LMDC funds.
However, the LMDC has funded a $10-million job training program, he said.
Albany Bureau Chief Jordan Rau contributed to this story.
Dispute Over Statistics Emerges in Sept. 11 Grants Program, by David W. Chen, NY Times, 11/1/2
ew York's Congressional delegation and the leaders of
several Lower Manhattan organizations have accused federal and state officials of
distorting the statistics of a major Sept. 11 aid program to make it appear that it had
done a better job of distributing cash grants.
The accusations involve the Individual and Family Grant program, which had been promoted by Gov. George E. Pataki and other officials as the ultimate safety net for people who had lost their jobs, had property damaged or needed to be reimbursed for air-quality equipment.
One month ago, the state's Department of Labor, which administers the program, admitted that it had not even reviewed more than half the roughly 70,000 applications. And department officials said the awards they had made totaled only $10.5 million, a figure well below the size of awards offered in other emergencies by other states in recent years.
But last week, the Federal Emergency Management Agency, which provides 75 percent of the program's financing, issued a news release heralding a striking improvement. Of the 95,000 people who had applied through Oct. 24, the release said, almost 85,000 had been approved for nearly $24 million in assistance.
In just one month, the approval rate jumped to 89 percent from 13 percent.
Legislators and others, though, say the improvement has been nothing more than semantics and manipulation of numbers. The agencies have created a category called "approved pending," which the program's critics say actually means no decision made, and no money granted. As a result, six members of Congress wrote to Mr. Pataki this week demanding clarification.
"It seems that the New York State Department of Labor is using
State and FEMA officials conceded that the new category did not represent real awards made, but rather the possibility that awards would be forthcoming, provided that applicants furnished sufficient proof. But they defended their overall performance. "It's more of a positive way of looking at where those people stand," said Robert M. Lillpopp, a spokesman for the Department of Labor.
If nothing else, the demand for assistance is still strong. In the last two months, the number of applicants to the program has doubled. On most days, people line up as early as 6 a.m. in front of FEMA's assistance center at 141 Worth Street to apply.
But with that demand has come discontent. Last week, several community groups protested in front of the Department of Labor's New York City office, demanding reforms. And today, dozens of residents of Lower Manhattan are expected to voice their complaints at a City Council hearing, and urge an extension of the Nov. 30 application deadline for grants.
To ease the crush, FEMA has lent the state 150 employees to process claims. As a result, of the 104,000 people who had applied as of yesterday, 29,000 had been finally approved for aid totaling $28.3 million, while the backlog had dropped to only 3,000 numbers that also represent a marked improvement from the previous month, Mr. Lillpopp said.
In its news release, however, FEMA chose to count as approved the 60,000 or so cases that had previously been labeled as pending, or suspended, because of a lack of documentation.
It was a designation, officials said, that reflected more accurately the possibility that those who had not yet received assistance could still reapply, since a recent FEMA study found that 85 percent of those rejected under the old rules mainly lacked documentation like receipts.
"The numbers are changed to reflect accurate accounting data," said James McIntyre, a spokesman for FEMA. "The state shouldn't be held responsible for 64,000 people who have elected not to return the receipts."
Program officials said that they had mailed out letters encouraging people to submit receipts. But Ray Brescia, of the Urban Justice Center, an advocacy group for poor and homeless New Yorkers, said that the few people who had received such letters say that the language is confusing, with no clear indication that an applicant has been approved.
NY1 For You
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NY1 For You:
Former WTC Businesses Struggling For More Aid
NOVEMBER 1, 2002
Almost 14 months have passed
since the terrorist attacks on the World Trade Center, and former small business tenants
of the twin towers are still struggling to get assistance.
NY1s Susan Jhun takes a look at their ongoing challenges and their pleas for help.
There's no question the tenants of the World Trade Center suffered the greatest losses
among businesses affected by September 11. They not only have to rebuild, but also
recreate their companies.
But ask any of them and they'll tell you they've been overlooked in the recovery process.
To date, there still hasn't been a specific government program designed to assist
the tenants that basically lost everything, said Meyer Feig, a business owner and
the founder of the World Trade Center Tenants Association.
It's incredibly frustrating to be ignored, said Mendel Ciment, the owner of
Tower Computer Services, once located at the World Trade Center. When you're the
target and then youre pushed aside, it's just difficult to bury that and go
on.
Months ago, NY1 did a story on Ciment, who said he has hit just about every road block
imaginable, only recently finding new office space.
We still haven't advertised to the public that we're officially opened, Ciment
said. We never officially closed. We still maintain some core clients, but until all
the little pieces fall into place, which is the leasing, insurance payments, and funding
and telephone wiring, we're not going to do that.
NY1 also reported on Feig, the president of Intera Corp., a staffing and consulting firm
formerly located in Tower Two. Feig said diversifying his business is what keeps him
afloat.
We've really just started working into some other core competencies we've
established, Feig said.
While both men have received some assistance, they say it's not nearly enough to get back
to pre-9/11 levels. That's why Feig founded the World Trade Center Tenants Association.
Mendel is a member of the World Trade Center Small Business Association. Both groups seek
support for former World Trade Center small businesses.
The groups are calling for three main initiatives: a federal tax axempt status for
business recovery grants, so they don't have to pay taxes on financial assistance; the
creation of an aid program specifically for World Trade Center businesses; and a $150,000
grant per tenant.
The 300 smallest businesses $150,000 per business would cost $45
million, so it's a relatively inexpensive program, Feig said. Either out of
the $21 billion, $45 million is a very small percentage; or out of the $2.7 billion that
was given to the LMDC.
It's been a long road to recovery for former World Trade Center tenants. Some, who still
haven't found work space, are operating out of their homes. Others have moved to New
Jersey or the other boroughs. Some have gone bankrupt.
When all is said and done, financial assistance aside, many say what these small
businesses need is support from larger and stronger government and private entities.
We are really kind of perplexed that, to date, none of the larger firms have reached
out to try to offer contracts to some of the firms, Feig said.
As both groups press ahead, trying to drum up support for their initiatives, they
encourage all former Trade Center tenants to reach out to them at WTCTA.com and
WTCSBA.com.
--Susan Jhun
, as of 11/1/2