Minutes of the Special Executive Board Meeting
August 27, 2002
Members of the Executive Committee in attendance were: Dale Bernstein and Judith E. Moore, co-presidents, Linda Lam, 1st Vice President, David Ross, 2nd Vice President, Jane Ritter, recording secretary, Denis Meadows, corresponding secretary, Donovan Moore, treasurer, Avis Alexander, SLT rep (senior), Russell Pinsley, SLT rep (senior), Sankar Chakraborty, SLT rep (junior), Steve Kessler, SLT rep (junior), Ellen Krug, SLT rep (junior) and Rochelle Kalish, SLT rep (sophomore).
Members of the Health and Safety Committee in attendance were: Dale Bernstein, Judith E. Moore, David Ross and David Newman.
Observers were: Usha Agarwalla, Vipin Agarwalla, Olga Bulanov, Harvey Blum, Eleanor Chang, Martin Davis, Kiki Dinos, Helen Drivas, Marianne Edwards, Paul Edwards, Felicia Garcia, Gina Giovanniello, P. Giovanniello, Marci Grisotti, John Healy, Victoria Healy, Jonathan Jakobi, Barbara Johnson, Jenny Ju, Joel Kupferman, Elizabeth Lee, George Lee, Henry Lee, Janet Lee, Mamie Lee, Marlaina Lee, Doris Murphy, Jenna Orkin, Lori Pandolfo, Helen Pugmire, Al Rosenblatt, Richard Roth, Alice Rowe, Sue Schneider, Jeffrey Schwartz, Ilya Shet, Z. Shmueli, Natalya Syrovatchenko, David Strauss, Janusz Wojciechowski
Dale Bernstein called the meeting to order at 7:40 p.m. She noted that the meeting was a joint meeting of the PA's Health and Safety Committee and the PA Executive Board. A quorum of the Executive Board was present.
The agenda was distributed and amended to include approval of minutes of the July 11 special meeting of the PA Executive Board. A motion was made, seconded and adopted to approve the minutes with the addition of Russell Pinsley's name to the list of Executive Board members in attendance.
Donovan Moore, Treasurer, presented details about a possible fundraiser for the Parents' Association. He said a major exhibit of photographs related to Sept. 11, 2001 will be displayed at Rockefeller Center beginning Sept. 11, 2002 and lasting 18 days. Time Inc. has donated at least 20,000 copies of a coffee-table book related to the exhibit for sale at a kiosk at the exhibit. Proceeds from the books will benefit eight schools in Lower Manhattan, including Stuyvesant. The Stuyvesant Parents' Association and the larger student clubs, as well as the parents' associations at the other schools, are being invited to staff the kiosk and receive 85% the proceeds of the sales they make. (The remaining 15% of proceeds will be pooled to benefit all the eight downtown schools.) Smaller clubs at Stuyvesant can receive a portion of the PA proceeds by submitting requests to the appropriations committee.
A discussion of the idea ensued. Avis Alexander moved that Donovan and others (1) proceed with the idea and (2) use the Parents' Association Recovery Fund, which was established last year and has 501(c)3 status, as the initial recipient of the money. David Ross seconded the motion which was approved unanimously.
Dale Bernstein then noted that the main reason for tonight's meeting was to fully inform the PA Executive Board about the summer's activities related to the ongoing cleanup of the school. Dale said that David Ross, chair of the Health and Safety Committee, and Howard Bader, an environmental consultant to the PA, would give reports and then parents could speak. A 3-1/2 page report dated 8/27/02 and titled "Summary of Stuyvesant High School Cleaning Program from Tom Fusillo and Howard Bader" was distributed.
David Ross introduced himself as second vice-president and chair of the Health and Safety Committee. He reported that the distributed report would be posted on the PA website, noting also that the website has inspection reports by Howard Bader and Tom Fusillo, test results, and minutes of the Health and Safety Committee meetings.
David reported that the Department of Education (DoE) plans to open Stuyvesant to students on Sept. 5 and that the city's Department of Health has concurred that the school is safe.
He said that the Stuyvesant building has been closed since early July for extensive cleaning. The original goal of the cleaning was to remove lead from the air handling system. During the summer, contractors cleaned unit ventilators in classrooms, ductwork and the central heating, ventilation and air-conditioning (HVAC) system. The cleaning and subsequent testing was monitored by the PA's environmental consultants Tom Fusillo of Environ Corp. (who was not at tonight's meeting) and Howard Bader, who was present.
Dave reported further that during the cleaning project, the Health and Safety Committee asked the Board of Education to test for asbestos in the auditorium carpeting, which was already slated for removal. When the Board of Education declined to test the carpet, the PA arranged to have the test done, using a procedure called "ultra-sonication." To do this test, a sample of carpet was sent to a lab where it was shaken in a machine to extract any asbestos fibers present. Although specific standards for results of this test do not exist, the high readings caused concern and the Health and Safety Committee pressed the Board of Education to use asbestos abatement protocols to remove the auditorium carpeting. The Health and Safety Committee also asked the Board to test for asbestos in the seats and drapes in the auditorium, in carpeting in the principal's office and conference room, and in the library. He said the Board used a test recommended by the Environmental Protection Agency (EPA) rather than the test requested by the Health and Safety Committee.
The carpeting in the auditorium has now been removed using asbestos containment protocols. In addition, the auditorium seats are being cleaned with HEPA vacuums, as are the carpets in the principal's suite and library. David reported that following the cleaning, the Board plans to conduct the standard test used by the EPA. That test uses a forced-air blower to try to disturb any particles, which are then measured with air-monitoring equipment. The test assumes that the air is safe if the forced air does not kick up measurable particles.
Howard Bader then reported that cleaning has been satisfactorily completed on all unit ventilators, air handling units and ducts. He noted that surfaces within the air handling equipment that could not be satisfactorily cleaned were "encapsulated," meaning the surface was painted so any remaining particles are sealed in. He also noted that the plenum spaces in the corridor air handling system had been cleaned, as had the mechanical equipment.
He reported that in the auditorium, the carpet-removal procedure included covering the seats, construction of a plastic enclosure and the use of negative air pressure to trap air. The carpet has been fully removed.
He said the board plans to use HEPA vacuums and wet extraction to clean the carpeting in the library and the principal's suite. Removal of these carpets is not planned.
The final step in the project will be cleaning of the floors on the ground floor of the building.
Mr. Bader discussed the types of testing under consideration. He said that aggressive air testing (using the leaf-blower to stir up particles and then measuring them with air-monitoring equipment) was the method accepted by the EPA and for which standards exist. He said that ultra-sonication (in which a sample is agitated in a machine and the released particles measured) is relatively new, without a wide data base. He noted that some people contend that the ultra-sonication test can yield 100 times more material than by vacuuming. He added that the lab that tested the auditorium carpet was using the test for the first time.
Mr. Bader recommended that, at the minimum, the microvac test be used on the auditorium seats and curtains and any other carpeting. The threshold for concern on microvac test results is 10,000 structures per sq. cm.
Board members then commented or asked questions as follows:
Rochelle Kalish asked what can be learned from tests of one sample of carpet, saying that if any asbestos is found the entire carpet should be removed.
Mr. Bader noted that the coverings on the seats had less pile than the auditorium carpeting so cleaning might be possible.
Avis Alexander asked what action would be taken if final tests still showed asbestos.
Mr. Bader said the room would be cleaned again.
Dale Bernstein said she has been assured that areas would be sealed off if not thoroughly cleaned. She said that the teachers' union has given its approval for the staff to begin using the building this weekend.
Sankar Chakraborty asked Howard Bader if, as a professional engineer, he would recommend that people send their children to school in the Stuyvesant building.
Mr. Bader said yes but he believes the auditorium and library should remain closed.
Linda Lam-saying that the discussion thus far had mentioned only the carpeting in the auditorium, principal's office and library-asked Mr. Bader whether he was assuming that other rooms would be considered safe.
Mr. Bader noted that environmental people don't like the word "safe" but said that other rooms could be opened. He said that the areas he was not comfortable with were the carpeted areas.
David Newman said that the Board's response to asbestos was based on the sonication test so the same test should be used for final clearance. He also said the Board should use the sonication test, rather than the microvac test, to determine if porous surfaces are clean, describing the legal threshold of clean as insufficient. He said that although Mr. Bader is correct that there is not a lot of data on the sonication test, the PA should differentiate between the legal threshold of clean and more stringent measures. He continued by saying that EPA studies show that HEPA and wet vacuuming are not adequate for porous surfaces and that tests using air monitoring are for hard surfaces.
Judy Moore asked what test for asbestos had been done in the library.
Mr. Bader said that a plastic tent was constructed with air sampling equipment inside that measured particles while the carpet was vacuumed for 15-30 minutes. The same test was done on seats in the auditorium and in the principal's office. Asbestos was found only in the auditorium carpet, he said.
Donovan Moore commented that given that perfection is unattainable, how do we balance test results with practical use.
David Ross said the DoE plans to use HEPA cleaning followed by tests that conform to the EPA standards.
Steve Kessler asked Howard Bader if he believed the EPA test is appropriate.
Mr. Bader said he thinks the leaf-blower test on porous surfaces is not sufficient.
Russell Pinsley noted that Mr. Bader had recommended last fall-based on what he was told at the time-that the school was safe. He asked how could he be sure he was not being misled now.
Mr. Bader said he had been led to believe that air filters would have been upgraded more quickly than they were.
Observers than made comments as follows:
Jeff Schwartz said the PA must insist on aggressive testing, that the PA should consider conducting the tests itself and that problem areas should be isolated.
Kiki Dinos questioned whether asbestos would be released from the seats in the auditorium as the seats age.
Jenna Orkin described the EPA's plans to clean up Lower Manhattan as controversial. She said that asbestos can be released from shampooed porous surfaces as the shampoo dries. She also charged that the EPA has exposed people in Lower Manhattan to 100 times the cancer risk as is found at Superfund sites around the country.
Several parents asked about the cost of removing the auditorium curtains and seats.
Martin Davis questioned whether books in the library were contaminated.
Lori Pandolfo asked the Executive Board what action it planned to take.
One parent asked if the children could be tested for exposure to harmful substances. Dale Bernstein recommended that parents contact their pediatricians with such questions.
Dale Bernstein noted that the Health and Safety committee and its consultants had worked throughout the summer with the Board of Education, and that the Board had agreed to many requests for changes in procedures. She noted that $3-$3.5 million had been spent on the cleanup.
Howard Bader noted that the Board of Education's approval would be needed for ultra-sonication tests because the tests require a sample of material, which requires damaging the item being tested.
Rochelle Kalish asked if asbestos is prevalent in the environment as is lead, creating "background levels" of asbestos. Mr. Bader said yes, because asbestos is in car brakes and other materials.
Rochelle then said she remained concerned that vertical surfaces of the ducts, rather than horizontal surfaces, had been sampled for testing. She asked the Executive Board to list the items it wanted to press the DoE on. She also noted that a union has been in front of Stuyvesant protesting the use of nonunion workers.
David Ross reiterated the work done this summer, noting that the Health and Safety Committee has met several times, that Mr. Bader and Mr. Fusillo have monitored the cleanup, and that their reports as well as results of testing have been posted on the website. He also said that the Health and Safety Committee has successfully pressed the Board for additional cleaning and improvements in procedures.
He said that he spoke with the deputy chancellor today and urged that tests recommended by Mr. Bader be performed, but that the deputy chancellor declined. David said the next step might be to ask that the PA be allowed to do the tests, and if that doesn't work to seek legal advice on further options.
Following further discussion, Donovan Moore moved that (1) the PA ask the Department of Education to allow the PA to perform the microvac test on the auditorium seats, auditorium drapes, and carpeting in the principal's suite and library and (2) if the DoE denies the request, that the PA talk with an attorney about further steps.
The motion was seconded and then amended such that the PA would first ask the DoE to perform the tests and, failing that, would then ask permission for the PA to do the tests itself.
The motion carried with 9 in favor, 3 opposed and one abstention.
A motion to adjourn the meeting was made and seconded. Dale Bernstein adjourned the meeting at 9:30 p.m.
Respectfully submitted,
EJane Ritter, Recording Secretary
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