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HomeMy Public PortalAbout1592_001.pdfPost Office Box 2749 Tybee Island, Georgia 313i FAK41 SAVANNAH DISTRICT. CORPS OF ENGINEERS F'O'DOX 04* SAVANNAH, GEORGIA 31,402,41111111 A This letter is to inform you that the US Army Corps of Engineers has performed an exhaustive review of our ► records with regard to your concerns about the possible additional removal of the old Fort Screven metal seawall and groins. To date we have found only limited information as to the extent of the remaining seawall and groin fields at old Fort Screven. As you recall, the US Army Corps of Engineers did a partial removal project under the Defense Environmental Restoration Program -Formerly Used Defense Sites (DERP-FUDS) program in 1986. During this project, our records show that the City of Tybee Island made the decision to not expand the scope of the project to include the structures that currently pose a hazard. Since 1986 there have been a series of policy implementations and changes in the DERP- FUDS program. We have reviewed the project files and current guidance and have determined, with the concurrence of our headquarters office, that additional work at old Fort Screven is not eligible under the prograrn. Therefore, Tybee Island should seek an alternate osalAott f, steel groin field. If Tybee Island would like a meeting with Savannah District to discuss the speccs concerning the city's ineligibility under the DERP-FUDS program, then please contact Mr. Mike Sydow, Chief of Environmental, Interagency and International Services and Center of Standardization Management Branch at 912-652-5625. Another alternative possibly available to Tybee Island would be the Aquatic Ecosystem Restoration Section 206 authority under the Water Resource Development Act of 1996, Under this program the Federal Government cost shares 65 percent Federal and 35 percent non -Federal with a local sponsor in ecosystem and protection projects if the project will improve the environmental quality, is in the public interest and is cost effective. If you have IN any questions concerning this altemative or would like to set up a mecting to discuss further, please contact me at 912-652-5226. U= Mark S. Held Colonel, US Arm m9all lin till 114117 W Erik J. Olsen From: Bubba Hughes [bhughes@CBRHLAW.COM] Sent: Monday, February 02, 2009 8:53 AM To: eolsen@olsen-associates.com Subject: RE: Economic Stimulus Program Ideml al of Derelict Structures Thanks Erik & good point. -----Original Message ----- From: Erik J. Olsen [mailto:eolsen@olsen-associates.com] Sent; Monday, February 02, 2009 8:43 AM To: Bubba Hughes Subject: RE: Economic Stimulus Program - Removal of Derelict Structures Bubba Yes it turns out they sent it to the City and not me.I still need to go through it in detail.but if I recollect... the first funding DOD funding methodology cited by Dan as being inappropriate,is what they used for the first phase of removal which was then halted.The 64,000 dollar question here is why they terminated the effort.As you know they allege the Mayor said not interested.Thats the part of the file which needs close interpretation. I would urge Dan Parrot to sit down and read his files before he puts out letters like that.E Erik J. Olsen, P.E. eolsen@olsen-associates.com olsen associates, inc. 4438 Herschel St. Jacksonville, FL 32210 (904) 387-6114 (FAX) 384-7368 -----Original Message ----- From: Bubba Hughes [mailto:bhughes@CBRHLAW.COM] Sent: Sunday, February 01, 2009 1:03 PM To: eolsen@olsen-associates.com Subject: RE: Economic Stimulus Program - Removal of Derelict Structures Thanks Erik. Well said. Please let me know if you get a response. Also, did they ever produce their file after the FOIA request? Thanks Bubba -----Original Message ----- From: Erik J. Olsen [mailto:eolsen@olsen-associates.com] Sent: Friday, January 30, 2009 5:01 PM To: 'Parrott, Daniel L SAS'; 'Diane Schleicher' Cc: 'LSOFFI; 'Mayor Hotmail'; 'Oddi, Peter A SAS'; Subject: RE: Economic Stimulus Program - Removal of WW 'Myers, Merritt'; •• • Derelict Structures I'm not sure I understand the application of the two conditions noted in your transmittal below --as they would apply to Tybee Island --for the potential noneligibility of the Bldg. Demolition/Debris Removal program. The first item you state is ineligibilty where "the hazard is a result of neglect by an owner/grantee subsequent to DOD use". Surely you can't be implying that the City was negligent in this regard since the structures in question were totally non-functional with respect to their design intent at the time of transfer to the City.That is to say the City inherited a derelict structural condition.They did not create it or in any way indirectly cause it to become derelict due to neglect. The second cause of potential ineligibility you cite relates to "projects involving structures or debris that were altered or beneficially used by owners subsequent to DOD usage". Again how could the City have benefited from a derelict groin field where the subject structures have constituted significant hazards to beach use activities and not benefits? These structures for decades have caused a major endangerment of the public.They are a significant negative benefit in that they not only represent a liability but also preclude public use of a significant segment of publicly accessible shoreline seaward of a public Park. I believe that if you review the COE files on this matter you will find that the SAV District made these same basic findings and submitted them to Higher Authority in odred to to justify their initial attempts to remove portions of the structures(wall and groins) in question.Presently,its unclear why the removal effort was ever terminated.Hence the City's continuing request to the COE to review the nature of the federal work previously initiated by the District with respect to derelict strux removal,the rationale for same and the funding justification previously documented by the District as being applicable to the effort. Any clarification you can provide with respect to your explanation would be greatly appreciated. Thank you. ERIK ---------------------- Erik J. Olsen, P.E. eolsen@olsen-associates.com olsen associates, inc. 4438 Herschel St. Jacksonville, FL 32210 (904) 387-6114 (FAX) 384-7368 -----Original Message ----- From: Parrott, Daniel L SAS [mailto:Daniel.L.Parrott@usace.army.mil] Sent: Friday, January 30, 2009 3:06 PM To: Diane Schleicher Cc: LSOFF; Mayor Hotmail; eolsen@olsen-associates.com; Oddi, Peter A SAS; Myers, Merritt Subject: RE: Economic Stimulus Program - Removal of Derelict Structures Dear Diane; we received a copy of your email request to Jack Kingston's office regarding the removal of the old Ft. Screven Groins and we would like to clarify some of the points that you raised. The issue with the use Federal funds has to do with the proper Authority to expend the funds as well as the availability of Federal funds. The work that was performed in the 1980's was funded by the Formerly Used Defense Sites (FURS) program. Since that time, there have been several policy implementations and changes that make additional groin work at old Ft Screven ineligible under the program. The following activities under the Building Demolition/Debris Removal program category are ineligible at FUDS: * Projects where the hazard is a result of neglect by an owner/grantee subsequent to DoD use, regardless of whether the deed or disposal document required the owner/grantee to maintain the property improvements. * Projects involving structures or PA debris that were altered of beneficially used by owners subsequent to DoD usage. Also, the message regarding the idea of adding to the renourish-ment needs some explaination. We are tasked to perform the work as it is described in the approved Tybee Island Limited Reevaluation Report. Deviation from the approved report to add in the Plan would have required up to revise the report from our Division Headquarters. In addition, instead of relying on the existing would have had to generate a new PCA amendement to execute. It was these factors, *ld groin removal as a Locally Preferred and gain approval of the revised document ffroject Cooperation Agreement (PCA), we that would have required ASA(CW) approval as well as the fact that the City of Tybee Island would have been responsible for 100% of the old groin costs anyway, supported the decision to not include the old groing removal as a part of the Federal Shore Protection Project. We have throughly researched other Civil Works authorites that could be utilized, absent specific Congressional language, for the removal of the old groins. Section 103 (small shore protection project) does not fit because the old groins to provide some degree of erosion control. It is possible, as was stated in the June 2007 letter from Col. Mark Held (attached), that we could proceed with a Section 206 (small environmental restoration project) if we can determine that the removal of the old groins would provide some level of environmental restoration. However, funds for these small projects, which have been delegated to the Corps of Engineers for approval, are very limited. -----Original Message ----- From: Diane Schleicher [mailto:dschleicher@cityoftybee.org] Sent: Tuesday, January 27, 2009 11:08 AM To: Myers, Merritt Cc: LSOFF; Mayor Hotmail; Parrott, Daniel L SAS; eolsen@olsen-associates.com Subject: RE: Economic Stimulus Program - Removal of Derelict Structures There is a disagreement between the COE and the City about this project on some levels. The COE did a project in the 1980's and removed some derelict structures from the North Beach area by the North Beach parking lot with federal funds. The COE has a transmittal where they spoke with Mayor Hosti about expanding the project and removing the structures from this section of the beach. The only evidence that they have is a phone conversation. The phone conversation does not match up with the city's minutes which are the official records of the city. This may also be possible evidence that what they spoke to Mayor Hosti was not about expanding the area but digging deeper when removing the derelict structures in the area where they already were because there is evidence in the COE files about that issue. Mayor Hosti has passed away, so we can not question him about the conversation. There are two schools of thought. The discussion with the COE at one point was the possibility of more federal funding, and they could not find any, so they said no. Then COE said that because the Mayor at that time told them no over the phone to the removal with federal funds in the 1980's that Tybee Island lost their only chance to have the 3 federal government remove tae derelict structures with fedeiai funds. I have received the two answers. The City does not have the $800,000 plus to remove the structures. We asked to have the project as part of the beach renourishment project but were told by the COE that this would risk slowing the project slowing down with additional approvals by the COE, so we held off. Now, with the stimulus opportunity, we are asking for some leadership out of our leaders and some support from the COE. Like I said in an earlier email, the project has all of the elements that the stimulus project requires: It is shovel ready. We have a COE permit for the project and already have done the environmental through the COE. It promotes public safety. It promotes economic development. It promotes jobs. From: Myers, Merritt [mailto:merritt.myers@mail.house.gov] Sent: Tuesday, January 27, 2009 10:35 AM To: Diane Schleicher Subject: Re: Economic Stimulus Program - Removal of Derelict Structures If the project is not authorized, or the authorization has expired then I don't think it will be eligible for stimulus funds from the COE. Is this work that has to be done thru the COE? Merritt Myers Legislative Director Congressman Jack Kingston (GA01) From: Diane Schleicher To: Myers, Merritt Sent: Tue Jan 27 08:57:56 2009 Subject: FW: Economic Stimulus Program - Removal of Derelict Structures I am at a road block at the state level. If this was a road project, it would be in the GDOT package. Dan Parrott at the COE doesn't want to handle it. Do you have any advice? It is shovel ready. We have a COE permit for the project and already have done the environmental through the COE. It promotes safety. It promotes economic development. It promotes jobs. 4 From: Stockwell, Melanie [mailto:melanie.Stockwell@senate.ga.gov] Sent: Friday, January 23, 2009 3:15 PM To: Diane Schleicher Cc: Eric Johnson Subject: RE: Economic Stimulus Program - Removal of Derelict Structures I'm trying to get verification from the Governor's office. Last we heard there is no "Governor's List" to send to Washington. But I've got a call in to get more information. From: Diane Schleicher [mailto:dschleicher@cityoftybee.org] Sent: Thursday, January 22, 2009 1:34 PM To: Stockwell, Melanie Subject: FW: Economic Stimulus Program - Removal of Derelict Structures I was checking to see if the Senator and his staff had received this request. I will be at the Capital next Monday and Thursday. If it is possible, I would like to set up an appointment to discuss the issue on either of those days in the morning. F8672"s From: Diane Schleicher Sent: Friday, January 09, 2009 3:38 PM To: Johnson, Eric; EJohnson@northpoint-re.com Cc: 'Stockwell, Melanie'; Mayor Hotmail; Lou Off Subject: Economic Stimulus Program - Removal of Derelict Structures The City of Tybee Island needs your assistance in getting the "Removal of Derelict Structures on the Tybee Island Beach" on the Governor's List to send to Washington for the New Federal Economic Stimulus Program. We have all of the permits in place and even a potential contractor, but the cost exceeds our ability to do the project. 6�" Removing these dangerous structures will make this section of the beach much safer and will also improve property values on Tybee by making a larger part of the beach usable by beach goers. The structures should VW I "IMOH11 The project should qualify for the new economic stimulus program because it is a project that creates jobs (the contractor and his workers), Tybee has the necessary permits (see attached) and is ready to accomplished the project within 6 months (see attached). We need to do the project before May 1 or after October 31st due to the Loggerhead Turtle Nesting Season), so we are ready to go if we were given the funds today. The attached photos were taken at low tide before the structures were covered with sand with the Beach Renourishment Project. Now is a great opportunity to remove them before they are exposed again and become a hazard to swimmers. Please let me know what additional information you need. Thank you in advance for your assistance. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 This email and any files transmitted with it are confidential and intended solely for thz use of the individual or entity to whom they are addressed. If you are not the named 0 addressee you should not di-seminate, distribute or copy thiz, e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, CA 31328 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 7 I TO: Mayor Jason Buelterman Diane Schleicher, City Manager, Tybee Island Bubba Hughes, Esq.; Lou Off, Tybee Island Task Force FROM: Erik J. Olsen, P.E. I have reviewed the FOIA materials recently provided by the Savannah District, USACOE and have developed a chronology of major events, decisions and statements or conclusions made by the Army over the years (copy attached). The files include several recent conflicting conclusions when one considers the history of the project, the authorization for the original DOD mitigation project and the District's present day rationale for no further federal interest in completing the removal of an existing hazardous condition constructed by the Army for the protection of Ft. Screven. Most disturbing, is the District's continued allegation up to the present time that the City overtly requested that the partial derelict structure project authorized in 1985 not be expanded. There is no clear evidence to that fact in the files except for a copy of a telephone conversation form authored by the Project Manager for the remediation project. A major issue with this source of "evidence" of the City's alleged preference is that a.) it is dated wrong, b.) cites a City Council action that according to the documented Council Minutes never took place, and c.) conflicts with a number of reported requests by the City to expand the project, including a written letter to the District Engineer from what appears to be Mayor Hosti of Tybee Island. As a result, the allegation that a City Official stopped the expanded project in 1985 has become an "urban myth" upon which the District has formulated their position on this matter — up until the present time. Hence, the Corps apparently closed ranks on this topic in about 2003 when Mayor Parker again formally requested that the District remove the remaining portions of the DOD structures at federal expense. At that time, the District staff formulated a Project Summary Sheet which became their "script" for addressing the issue up until today. For NAMEM INA 1 10� ;� example, it is the principal reference for "facts" represented in Dan Parrot's response to the City dated 30 January 2009. Unfortunately, it continues to reflect upon the unsubstantiated allegation that the City requested that the original derelict structure removal project not be expanded As the attached chronology shows, the preponderance of evidence from the USACOE files (although not as completely conclusive as one would necessarily like) is t* the contrary. Although, I have a hypothesis as to why one or more individuals in the Savannah District may have made an internal decision in 1985 to "walk" from an expanded project, I would first like to highlight a series of facts relevant to the history of this DOD remediation r*= In the mid -1980's the Savannah District and higher authority at SAD consistently found and documented that exposed concrete wall sections and sheet metal groins where exposed resulted in significant public hazards to swimmers and small boat operators. All structures addressed, had been constructed seaward of Ft. Screven by the U.S. Army, and were determined at the time to be solely a DOD responsibility. The removal of the historical derelict shore protection structures were found to be eligible for federal funding under the Environmental Restoration Defense Account (ERDA) program. The purpose of the program was to remediate damages or hazards created at prior DOD installations. The District, with the concurrence of the City of Tybee Island, initiated design and permitting of the initial removal of concrete blocks along 720 -ft of the 4001 -ft. of affected shorefront at North Beach. Initially, an exposed portion of one groin was recommended for removal. The estimated cost of removal was $31,500. The first phase of work was centered on the beach access for the public park developed by the City of Tybee Island on the Ft. Screven property, which had been transferred by the DOD to I•cal interests. A 26 October 1984 Site Survey Report for the ERDA project concluded that the partially submerged metal groins and concrete wall remnants posed a serious threat to swimmers who heavily used the area. At the time, internal guidance from SAD indicated that the District's Survey Report for Ft. Screven "should indicate that the beach stabilization debris proposed for removal only include those scattered segments of the existing structures which were found to provide no appreciable means of beach uironology of `' I1' • r • _ • protection". The District complied with the directive and added this phraseology to their report. There was some concern at the District (March 1985) that removing groins and wall segments, "could lead to beach erosion". As a result, John (Jay) Lockhart, P.E. was requested • render a coastalengineering i1 • evidently,He stated for the record that "the old seawall and some old groins were left in place for two reasons. It was cheaper to cover them up than to remove them and if the beach was severely eroded by a storm their presence might (emphasis added) retard to some degree the further loss of the beach". In the end, Mr. Lockhart concluded in 1985 that "severe deflation of the beach and r of any interest to renourish it havea a situation the protection of public outweighserosion protection if any, provided by the remnants of the old wall". Internal correspondence of the COE indicates that in April 1985 Mayor Hosti requested that the removal program be expanded to the large area, i.e., the entire 4000 -ft of affected shoreline. There is a letter in the COE files from the Mayor requesting 96removing all of the remaining segment of • 1 seawall down to approximately Second Avenue". The Mayor reflected upon the hazards created and the restrictions of swimming due to the remains of the seawall being dangerous. In May of 1985the District documented f the Record that the expanded project1 a be possible "because it still involves formerly owned DOD property and presents a hazard". Subsequently however, a telephone conversation documentation slip (dated 8 May 1985) indicated that on 7 May 1985 (i.e., the night before) the Mayor discussed the removal project i and decided / to request the scope of work be expanded". • • MAY 1985 THERE WAS O 7 MAYAS ALLEGED. r r it CERTIFIED MINUTES OF D• NOT REFLECT DETERMINATION. RATHER THE MINUTES DOCUMENT THAT THE MAYOR SIMPLY ANNOUNCED THAT "THE HAZARDSALONG THE BEACH,AFTER MORE OF ii REMOVED". ��WIIKIII I Irl- I" ... Project from Ft. Screven In August 1985, the District acknowledged to higher authority that they had underestimated the difficulty and cost of removing the small scale project. The estimati* of cost escalated from $3 1 K to over $150K, i.e., a factor of five (5). In my observation, its at this juncture that the District appears to have adopted the philosophy that future beach improvements, i.e., a north jetty raising and re -nourishment would eventually keep the remaining wall segments buried and non -impactive (see 16 August 1985 Information Paper by M. McKevitt). It also would appear that the District concluded that removal of the concrete blocks was going to be much more difficult than originally anticipated particularly where they were predominately buried in sand. Hence, the entire project cost would be significant. It was even opined therein that if North Beach became severely eroded in the future such that the seawall/debris were re -exposed, the City of Tybee would be facing "more difficult and serious problems than the exposure of the seawall". The tone of this statement belies the personal philosophy of the manager for the project. The same individual alleged that the Mayor had requested that the project not be expanded. In August 2003 the COE formulated a Project Survey Sheet for the former Ft. Screven DERP project for purposes of addressing a continuing request by the City for derelict structure removal. The Paper included the following inaccurate statements or allegations. a) "Only a portion of the total hazards eligible for removal under DERP-FUDS were remediated because Tybee Island city officials decided that this portion of the project did not provide erosion protection. Tybee officials elected to leave the remainder of for erosion control.", and b) "All evidence (emphasis added) indicates that the structures have been beneficially used for erosion control since DOD transfer, and the owner elected not to remove them in 1985 because of their erosion control benefit." Note  there is no such evidence in this regard. "Furthermore, USACE legal review of the deed transfer of the property to the Ci of Tybee Island determined that the deed contained no provisions for DOD restore the site." Cnronology of A RemovalDerelict Structure Project from NOTE - This was never a condition of the original project or any proposed expansions of project in the 1980apparent strawproffered ,• .fr "wei• to conclusions "•.+d • non -eligibility of i remediate • hazard. as Having reviewed the COE and read all of the documents attached to this memorandum a chronology including a number of emails dated 2003, 1 have the followinv opinions regarding the issue at hand: abundantly r' 981 shorefront derelic I structure removal program well qualified for ERDA program funding. An initial project was formulated based upon the removal of the most offensive hazards which were centered on the public access location of the upland Park. As the project• • progressed, . opinion of work could be •. 1 `. to the entire 4,000-ftsegment of • • f) There appears to have been underlying opinions within the District that certain sheet metal • • 1: exposed) were providing • f • • benefit. Actually, it's just - opposite. In reality where . groin is completelyburies, stabilizationis deactivated and having no effect on littoral processes — positive or negative. 3) These likewise were an opinion by Jay Lockhart, a relatively well known COE engineer with a coastal background that the remnant seawall sections served no apparent purpose and that the benefits of removal far outweighed any potential benefits during storm events He did not opine o - propriety of 4 As got closer1 the point of bidding project f• i • they made several revelations. One, the monolithic concrete wall sections were much larger than anticipated — and particularly the portion below grade. Accordingly, their original estimates of level of effort and associated project cost were very lowby • of lengthrequired to go back to Higher Authority — explain the situation — and request a greater budget — which they did. Secondly, they found by survey the 15 -ft. of pile groin to be ,t -f increased to 1 due to continuing exposure. .' portion of a second groin exposed was added to the M t-nronology of USACOE Project from Ft. Screven contract. It is therefore relevant that as groins became exposed; the Savannah District at the time considered them to be hazardous and subject to removal. 5) The fundamental reason the original project scope was not expanded would appear to not be what were requested by the Mayor of Tybee Island, but the notes to file authorized by mark McKevitt, the apparent project manager at the time. Its what Mr. McKevitt alleges the mayor said that stopped the expansion of the limits of work. Both Mr. McKevitt's records of conversation (predating the occurrence of the Council Meeting he discusses) as well as the Minutes of the City Council meeting itself, tend to refute Mr. McKevitt's notes to file. Moreover, Mr. McKevitt's personal observations documented in his writing is his belief that the hazardous conditions at North Beach would be eliminated by future sand placement and the raising of the north federal groin. It is therefore possible, that Mr. McKevitt orchestrated a situation which would be conducive to the second phase of work not being consummated. Although personal motivation in this regard is difficult to assess, it was in all probability clear to these individuals - the District involved with the project that the second phase of work would be very difficult and expensive. Hence, a determination was made that the effort was not worthwhile, particularly in the face of potential sand placement which would cover it up again in the near future. The first renourishment did occur 1986/87 with the placement of 1.2M cubic yards of sand. Moreover, it did include a raising of the north groin as noted by Mr. McKevitt. The net effect of the Savannah District's continuing position of denial of the City's request for federal assistance is two -fold: a) The District has somewhat exacerbated historical hazardous condition seaward of a public park by covering it up during renourishment projects only to have the dangerous derelict structural elements (concrete and steel sheet pile) re- emerge from the fill berm as it both equilibrates and erode back over time during the renourishment interval. As a result, portions of the public unaware of the condition are exposed to a hazard which can very in intensity both spatially and temporarily. Moreover, this dangerous condition has been allowed "0 (-nronology of USACOE Derelict Structure Removal Project from Ft. Screven to exist with the limits of a federal shore protection project intended to providli recreational benefAs one of only a very few public beaches within the Stat4 of Georgia, Tybee Island serves as a recreational amenity to City, County, Stat* ?nd tourist oriented user groups. b) The City is faced with a county liability regarding public injury on the derelict structures, of irrespective signage, beach closures, etc. Accordingly, the City must restrict access and usage of a large portion of a publicly owned shorefront Having reviewed these comments and the attach6 chronology, it may be well to schedule a sit down with the District Engineer, his staff and representatives of your Congressionals to discuss the past. In my simplest view, the city is the victim of an "urban myth" which continues to manifest itself in the District's position as to why federal funds cannot be obtained to finish the derelict structure removal project initiated in 1985. M