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HomeMy WebLinkAboutClosed Session with Special Counsel April 17, 2000 Jean Grafton, City Clerk City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Dear Ms. Grafton, We respectfully ask that this document be made part of the record for the Special Session scheduled for April 18. Copies are being distributed to the Mayor and Commissioners and City Manager. • April 13, 2000 Ocoee City Commission 150 North Lakeshore Drive Ocoee, FL 34761 Dear Members of the Ocoee City Commission, In June of last year, staff on the second floor of City Hall reported to Facilities Maintenance and Public Works personnel that water was leaking from the ceiling causing paperwork and furniture to get wet and requested that the problem be addressed. By August, since the repeated requests had not been addressed, a formal work order was filed. At this same time, while the employees were looking at the ceiling and trying to determine themselves what could be causing the water problem, mold was discovered in several areas. This was brought to the attention of Public Works and the City Manager. Throughout the month of September, at least one employee was told that the problem was being looked into. That employee also explained to the City Manager that she was being so adamant about getting the building cleaned because she seemed to be experiencing headaches, sinus problems, ear problems, and other health-related problems which, in her opinion, were occurring mostly while she was at work and at a much greater degree than she had ever experienced before. About the second week of October, the item was placed on a City Attorney Day agenda for discussion. The employee who was complaining was not at the meeting so it is not known exactly what was discussed; however, employees had already been told that the mold was to be "cleaned" by Facilities Maintenance staff. On October 20, a "site visit" was conducted regarding problems with the air conditioning system which is what was purported to be causing the water leaking. On November 9, an employee was told that mold samples had been taken (on Nov. 4) and that results would be available in one week. That employee requested the results on Nov. 16, Nov. 17, Nov. 22, and Dec. 6. Administration said on Dec. 6 that they had still not received the lab report, but expected it the following day. On Dec. 7, some sort of ! meeting was held where the tests were discussed; however the employee who was complaining was not in attendance at that meeting so it is not known what was discussed. On Dec. 17, that same employee asked again what the status was. In that request the employee asked for the name of the city's legal counsel and for the name of the company who did the testing. On Dec. 29, not having received a response, the employee asked again. That same day the employee was told by the City Manager's secretary that they were still attempting to get a copy of the report from the city's legal counsel. On Jan. 3, the City Manager's secretary said she had spoken with the city's legal counsel on another matter, and that she had reminded him that he still needed to provide the City Manager with a copy of the lab results. On Jan. 6, the City Manager's secretary placed another call to Mr. Bull's office. On Jan. 11, Mr. Bull's secretary finally Page 2 called the city to say that Mr. Bull had finally received a copy of the report. Again, it should be noted that this employee was notifying administration all along that the reason she was being so adamant about the cleaning of the building was mainly due to her opinion that she was having too many sinus headaches and other health-related problems. Mr. Bull provided a copy of the lab results, plus a letter from Mr. David MacPhaul summarizing the findings and providing recommendations. The letter stated that, "Materials contaminated with fungi should be removed under controlled conditions and the cause of the high relative humidities corrected to prevent additional fungal growth." The cover letter from Mr. Bull said that, "While the report concludes that CH2M Hill's findings would not preclude city employees from their normal work activities in the building, the city still needs to plan to take some remedial action in the future to remove the fungal growth and to seal the foil-face insulation in the suspended ceiling area. CH2M Hill is presently working on the plans for such work." Upon receiving a copy of this report, the employee who was complaining about the mold problem began researching the types of mold found in the buildings. It should be noted that this employee had knowledge of several other employees who were having similar health problems, and some much worse, and that in general conversation they had attributed their conditions to the building. They had no knowledge that she was working with administration to get the matter resolved. There were many types of mold found in the buildings in various quantities where the samples were taken. Through researching information on the molds, many could be attributed to the types of symptoms people working in the buildings were experiencing. One of the molds researched, however, caused a particular concern because it was explained as toxic in the literature and had more harmful possible consequences. The employee brought this to the attention of administration to again stress that the building be cleaned as soon as possible. The City Manager directed the Public Works Director to have the Facilities Maintenance staff clean the areas found to be moldy, however, the employee feels that this was not considered a priority because administration did not think it was critical after reading the CH2M Hill report. While continuing to search information about mold-contaminated buildings, the employee found at least one article about the importance of having professionals perform the clean up. The article discussed that if the mold was disturbed, it could become airborne and result in continued mold problems in the same building. As of the end of February, the buildings had still not been cleaned. On March 5 a letter from Janet Shira to Ellis Shapiro asked whether the city employees in Facilities Maintenance were trained in this type of clean up. She also requested to be notified within five days when the building would be cleaned, whether the employees have the Page 3 necessary experience, and when the repairs to the building would be made so the mold would not recur. The letter is attached for your information. In response to that letter, on March 13th Mr. Bull sent a letter to Mr. Shapiro. It outlined what areas were planned for cleaning and construction, and said that the work would now be performed by a contractor. It did not include dates. A copy of the letter was provided to Janet Shira. She indicated to the City Manager that although this letter did not represent the actual specifications, it appeared to be limited in its scope. She also asked again when the clean up would occur. On March 22, the issue of the mold was raised in an employee committee meeting. A tape of the discussion should be available from the City Clerk's office. Another letter was sent to Mr. Shapiro on April 4th signed by 30 employees. That letter is attached for your information as well. The signatures are in no means an indication of exactly how many people are concerned with the mold problems in the buildings or how many people are experiencing health problems; rather, they were just to show that it is not an isolated case of one employee having some sensitivity to molds. Mr. Shapiro received this letter on April 4. On April 5, Ellis Shapiro had a conversation with Mr. Bull and stressed that they must have the specifications and costs to him immediately so he can put it on the next City Commission meeting for authorization. Mr. Bull indicated that the City Manager could list the item as an emergency and therefore get around the formal bid process which would speed things up. Mr. Shapiro indicated on April 6 that the item was to go on the regular City Commission agenda for authorization as an emergency. That same day the specifications were faxed to Mr. Shapiro. A copy was given to Janet Shira who immediately notified the City Manager that the scope was not adequate, in her opinion, and that both buildings needed to be cleaned in their entirety. Later that day, the City Manager called Janet into a meeting with Mr. Bull's associate so that she could explain her problems with the proposed scope of work. The attorney present said that the company doing the specifications was directed to only include those areas. Mr. Shapiro told him to contact the company who did the testing and get them to change the scope if the whole building needed to be cleaned. He said he needed the specifications and costs associated therewith, no later than Monday so that he could do his staff report for the Commission agenda item. That evening, someone was checking the building and on Monday, the attorney for the city was questioning certain people in City Hall about their health problems. Later that day, it was decided that the item would be handled on a special meeting of the City Commission prior to the regular meeting and that it would be a closed door meeting. Page 4 Obviously, we are concerned about what is going to be discussed and why it is all of a sudden being discussed behind closed doors when it was originally planned to be discussed in a public meeting. We also understand that the city is leaning towards cleaning the entirety of both buildings, however, we have not seen anything in writing to this effect. We would like to know what decisions have been made and more specifically: (1) When are the buildings going to be cleaned, (2) What is the scope of the cleaning work, (3) Are we going to be relocated during any portion of the cleaning work, (4) What is the scope of the construction work, (5) Are we going to be relocated during any portion of the construction work? We feel the city has had more than adequate time to develop plans and get the work started. Hopefully this is not coming as a total surprise to the City Commission. As we understand it, the city can declare this an emergency, forgo the normal bid process, and get a company on board as soon as possible to begin this work. If for any reason, the city feels the work will not take place within the next month, we respectfully ask that a temporary location be worked out for those employees who feel their health is being affected. It has been almost a year since the situation got bad enough for overt signs of water and mold to present themselves, and almost a year that employees have been trying to get this situation addressed. And we sincerely believe that the mold problems were probably there long before that. We do not think it is fair to ask us to be subjected to the conditions any longer. Since no formalized meeting has yet been held with City Hall and Police Department employees to explain what is going on, we respectfully request that a meeting be held for those employees who wish to be notified and so that we can find out the answers to the questions above. Ideally we would like this meeting to occur • immediately following your meeting, but no later than Friday, April 21. eihy.'‘' TI1 Sincerely, Q P otA 0331 V" /Xtd5;27")iv .Lk.) it)-4-rn aeat / Aidc) 494' /A/ dati,j; 5/.6171.0 ..• April 4, 2000 Mr. Ellis Shapiro, City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Dear Ellis, After receiving a copy of Mr. Bull's March 13 letter, and subsequently hearing about the discussion at a recent employee committee meeting, I have several questions regarding the mold problems at City Hall and the Police Department. My March 5 letter basically asked three questions: 1 . when the building would be cleaned, 2. whether our employees had the necessary skills to do the cleaning, 3. and when the building repairs would be made to prevent a reoccurrence of the mold. The letter did answer my concerns regarding the ability of our employees to perform the clean up. I am glad I was able to obtain information about the importance of professionals to do the job and glad that your consultants convinced you to hire someone rather than using our employees as originally planned. The letter did not, however, answer the questions concerning when work would be done. According to the latest letter, plans were supposed to be completed by the week of March 20. Are they done? They were working on plans as far back as January 11 , or at least that is what Mr. Bull's January 11 letter said. Does it really take two months to produce these plans? Are they now finished? What is the next step? Do you now have to go to the City Commission to get approval to expend funds? If not, has the bidding process been started yet? Is one company doing both the cleaning and the construction work? If not, can't the City start the bid for the clean up? I was very dismayed to hear you state at the employee committee meeting that the tests done indicated "nothing there that would effectively hurt you...none of the molds are the type that would create a problem..." From the original report, I counted at least ten different molds that were found. From information on the City's own report summary, one of the molds (Cladosporium) "should not be found growing on interior building surfaces" and two others found require high water activity and grow well on materials "that have been chronically wetted and/or saturated by flooding" (Acremonium and Stachybotrys). The report also stated that these "spores from fungal growth in 9 , the buildings are being entrained in the supply air system and distributed by the air handling units to occupied spaces throughout the building" and that "all fungi can be allergenic to sensitive individuals and fungal growth should not be found in buildings such as the Ocoee City Hall and Police Department. I am again going on record by attaching information I have obtained from various web sites regarding the molds found in our buildings. I take strong exception to your comments that the molds are not harmful. Several people who work at City Hall and the Police Department have or have had symptoms that are described on many of these sites. Many of us are attributing the health problems we are having to these buildings since the symptoms seem to be worse while we are at work. Since several employees have approached me recently, I have asked them if they want to add their names to this letter as an indication of their desire to also get the buildings cleaned as soon as possible. Please let me know the current status of the work to be done and whether a timeframe has been established for the actual cleaning of the buildings. Sincerely, Ja et G. Shira tJao BatiuktuLt 'ThLuuuyL,d/i afi/ 6/m4pr . ne//a- / /1/ 2 v t )01, ` ,o 1 / ' a , we . . L06e/C" March 5, 2000 Ellis Shapiro, City Manager 150 North Lakeshore Drive Ocoee, FL 34761 Dear Ellis, I have tried very hard for the last eight months to get the mold and water problems addressed in City Hall. I truly feel that the problem has not been given the attention it deserves and that I have been forced to write this letter in order to protect my health and the health of the employees who work in City Hall and the Police Department. The mold samples taken at the beginning of November and the subsequent report issued by CH2M Hill leave many unanswered questions. Notwithstanding those questions, the report states that the materials contaminated with fungi should be removed "under controlled conditions" and that the cause of the high relative humidities should be corrected to prevent additional fungal growth. You told me at the beginning of January that you intended to have our Building Maintenance crew clean the areas immediately and you have stated in meetings since then that you have directed Bob Smith to get this scheduled. Are the City employees trained in this type of clean up? I have spoken with an agency that states that these materials must be removed under controlled conditions. If the molds are disturbed, they can spread through the air and spread to other areas of the building. Disruption of the molds can also pose a significant exposure concern for the remediation workers. The agency stressed that specific controls must be instituted to protect the workers cleaning the building and ensure the molds don't just spread to another area of the building. I have made it clear that the reason I am so adamant about having this situation taken care of is the affect I believe it is having on my health. I have consistently had headaches and itchy eyes during the time I am at the office, and nose, ear, and throat problems. I have also been treated for bronchial and ear infections. My health is the most important thing to me and these symptoms concern me. I have also noticed that many employees who work in City Hall and the Police Department have had similar health problems, some worse. The CH2M Hill report says that occupants have a limited amount of contact with the moldy materials due to the fact that it is located above the ceiling and because of this, our risk is limited. I find this statement very misleading since the report also states that the spores from the fungal growth are being distributed by the air handling units to occupied spaces throughout the building. We do not need to touch the mold in order for it to make us sick if we are breathing it in due to its location in the supply air system. 1 e Page 2 Last week the program 48 Hours featured some pretty horrible stories about what different molds can do, and in particular, the mold called Stachybotrys. That mold was found in a sample taken from the ceiling above my office and from a sample taken in the Police Department. Although the CH2M Hill report does not discuss these findings in particular, the agency I contacted said that the samples indicating Stachybotrys species requires discussion. After hearing about the 48 Hours program, I found several interesting and disturbing pieces of information on the interne regarding this mold(see attached). I also have attached information on the other molds found in the building. I am respectfully asking to be notified within the next five days when the building will be cleaned, whether our employees have the necessary experience or expertise to do the cleaning, and when the necessary repairs will be made to prevent the reoccurrence of the molds. The problems we had with the water leaking from the ceiling onto our desks happened during the warmest months last year. The water leaks, and the fact that we started seeing mold growing out from some ceiling tiles, are what initially started this whole investigation last summer. The summer months will be here again before you know it. Will the repairs to the building be completed before then so we do not have to put up with water dripping on us and more mold potentially causing health problems? I know you think that I am making more out of this than what exists. When it comes to my health, I am cautious and serious. I sincerely hope that the CH2M Hill report is valid and that there is no real health risk at City Hall. But regardless, the report states that the mold should be removed properly and the necessary repairs done to the building so that the mold does not recur. Sincerely, CetG. Shira SPECIAL MEETING OF OCOEE CITY COMMISSION: SCRIPT FOR COMPLIANCE WITH REQUIREMENTS FOR CLOSED MEETING ON APRIL 18, 2000: (1) Special Counsel Comments: The City is currently the Plaintiff in an action brought against C.T. Hsu & Associates, P.A., Huber Design and Construction, Inc., and Great American Insurance Company. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange County under Case No. CI 98- 1332. As required by Florida Statutes, Section 286.011(8), I have previously advised the City Commission that I desire to have advice concerning this litigation and to discuss with the City Commission, in a closed session, matters related to litigation mediation and the air quality issue of City Hall and Police buildings. Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to meet in private with the City Commission to discuss pending litigation to which the City is a party. As required by Florida law, reasonable notice of the closed session has been given which identifies the time and date of the closed attorney- client session and the names of the persons who will be attending. The entire session will be recorded by a certified court reporter and no portion of the session may be off the record. The court reporter's notes will be fully transcribed and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting will become a public record. It is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. Following the conclusion of the closed session, it will be necessary to meet in public in order to adjourn the meeting. (2) Mayor Vandergrift should announce the following: Our Special Counsel has previously requested a closed session with the City Commission to discuss litigation mediation and the air quality issue at City Hall and Police buildings in the case described by the Special Counsel. The persons who will be attending the closed session are Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, Commissioner Parker, City Manager Ellis Shapiro, Special Counsel Stephen M. Bull, Special Counsel Mario Romero, the Court Reporter, and no others. It is estimated that the closed attorney-client session will last one-half hour. Following the conclusion of the attorney-client session, the meeting will be reopened in order to announce the termination of the closed session and take such other action as the City Commission may deem appropriate. The City Commission will now move into closed session. (3) Comments by Mayor Vandergrift following closed session: I hereby reopen the Special Meeting of the City Commission and announce that the closed attorney-client session has been terminated. The time is p.m. Are there any comments from the members of the City Commission or any proposed actions?