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HomeMy WebLinkAbout2/26/1982Friday, February 26, 1982 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the Board of County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Friday, February 26, 1982, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover. Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were Neil A. Nelson, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; and Janice Caldwell, Deputy Clerk. The Chairman called the meeting to order. He stated that the purpose of the meeting was to discuss the additional data collected on the problems that exist on the second floor in the Courthouse. Judge Charles E. Smith approached the Board and stated that he had to be at court at 9:30; therefore, requested to be heard first. He then gave a brief history of -the problem, as follows: In June, 1981,.he and Judge Graham W. Stikelether:, Jr., Attorney Sherman Smith, and Attorney William Stewart met with County officials concerning the problems they were experiencing in the Courthouse. At the time, Attorney Stewart suggested that a consultant be hired to review the problems the judges and their secretaries were experiencing. It was suggested by the County that Reynolds, Smith & Hills be contacted to act as consultants, but this apparently was never done. In the summer, while he was on vacation, Judge Smith found out that there were dead pigeons and feathers in the existing air conditioning system located in Judge Stikelether's office. The bacteria present had been associated with Legionnaire's Disease; this was felt to be due to the negligence of the County, and possibly to the ft 9 PALE 01. FEB 261992 roofer who covered over the vents. sao 9 02 Judge Smith continued that on October 9, 1981, five judges signed a letter addressed to Board Chairman Lyons recommending thirteen items be done. He stressed that they all had serious health problems. Judge Smith's secretary had resigned; a clerk had to resign, and they felt it was associated with the toxic fumes in the Courthouse. In all of this time he received just one memo dated January 13, 1982,regarding the subject, from Dr. Hardin. He wrote another letter in February of 1982 and Dr. Hardin promptly replied to that. He stated that they could not wait any longer for something to be done as Judge Stikelether, Gina Edwards and Judge Smith were experiencing eye problems. Judge Vocelle had also been to see two ophthalmologists and their secretaries were experiencing eye problems as well a respiratory problems. The only common thing between the two offices were the carpeting and the glue. He reiterated that Judge Stikelether never had any new furniture or partitions, so the only common denominator had to be the carpet and the glue. Judge Smith then urged the Board hot.tb install the same carpeting in the Annex. He stated that he had been in the new Administration Building just thirty minutes and already his eyes were starting to water. He continued that they were only asking the Board to replace the carpets in Judge Stikelether's offices and his courtroom, and Judge Smiths office; but not the carpeting in Courtroom A and B. He felt that if that procedure corrected the problems, then they would ask the Board to replace the carpet in the Courtrooms. Judge Smith continued that they have a letter from a visiting judge who recently spent two hours in the courtroom and had experienced a headache for hours. In another instance, a trust officer from Jacksonville became violently sick and had to leave the courtroom. Judge Smith added that they have also heard many more experiences from jurors who had physical problems while in the courthouse. removing the carpet. He felt all of this justified Discussion followed about a citizen who recently came in to the courthouse, of his own free will, and offered to test the carpet, which he did. After his test, it was his opinion that if the carpeting had been placed on top of the tile floor, it was possible this was the cause of the problem. Dr. Thomas A. Jackson, aninternist and cardiologist of Vero Beach, came before the Board and advised that he had been taking care of Judge Stikelether, Shirley Woodward, and Gina Edwards. He noted that some of the problems the Judge had been experiencing were nasal discharge, tightness of the chest, shortness of breath, neurological symptoms, and difficulty of speech. Dr. Jackson affirmed that all of the symptoms appeared to be related to continuous exposure in the Courthouse building, and over the weekend, the symptoms tended to resolve. He elaborated that"Mrs. Edwards had other types of symptoms relating to sinusitis and upper respiratory tract problems - swelling on the right and left side of the face, -and of the deep sinuses within the head. Dr. Jackson felt there was a certain possibility some environmental agent, secondary to the air, caused these symptoms. He continued that a doctor in the Pulmonary Department of the University of Florida also suggested that inhaled substances were related to her problems, possibly a toxic gas. He advised that when the Judge and Mrs. Edwards moved out of the Courthouse and into the 2001 Building while the rooms were being evaluated, all of their symptoms cleared. Since moving back to the Courthouse, their symptoms have returned. Dr. Jackson stated that his opinion was that something directly related to the environment in the air that they were breathing - some agent - was causing their symptoms. He affirmed that the clinical findings are definitely related to the Courthouse. He pointed out that x-rays taken of Mrs. Edwards indicate that her sinuses were blocked since moving back into the Courthouse. FEB 26 1982 Bo PALE, Q 3 FEB 26 1982 41 Commissioner Wodtke inquired if there have been any tests performed by an allergist. Dr. Jackson responded that Mrs. Edwards was tested by Dr. R. Zwemer, an allergist. Commissioner Lyons referred to the reroofing of the Courthouse and inquired if asphalt or plastic was used. Hercules Kontoulas, Construction Project Representative, reported that aluminum vinyl was used; and some of the roof consisted of gravel which had a membrane of fiberglass under- neath. Charles Sullivan, Attorney representing Laurie Kundrot, approached the Board. He stated that Judge Smith asked him to come today because he was handling a compensation claim for Ms. Kundrot. Since spending a great deal of time in the courtoom during the trial of the Sebastian murders, Ms. Kundrot had a much more severe attack and her symptoms and medical condition was very critical. Attorney Sullivan pointed out that she had been seen by a number of expert doctors who gave her complicated tests, the results of which indicated that the environmental factors in the Courthouse were responsible. He advised that she had made a substantial recovery since she is no longer working in the Courthouse. Judge Smith interjected by urging the Board not to delay any longer and remove the carpet and glue, which he felt was a strong possibility causing the problems. He also urged the Board not to put the carpeting in the Annex once again. Lengthy discussion ensued and it was noted that some carpeting has already been laid on the second floor of the Annex. Mr. Kontoulas advised that a different brand of adhesive U was being used in the Annex, but it was the same carpet. Judge Stikelether, who also had to leave shortly for court at 9:30, came before the Board. He advised that the day before a section of carpeting was taken up in his office revealing asphalt tile underneath - the carpeting had been laid on top of the asphalt and the glue, which is ten months old, is still wet and tacky. Judge Stikelether noted that the courtoom originally had a beautiful carpet, which had not been glided down. He also felt that one of the problems was that the glue was put in on top of the asphalt tile. A gentleman from the House ofCarpets advised the Judge that carpeting usually has jute backing, however, the carpet that was installed was -of a cheaper grade which has some type of a plastic backing. Also, a cheap grade of adhesive was used that costs $19 for a five gallon can. The man from the House of Carpets commented that he would not even have that cheap brand of adhesive in his store; he uses adhesive which sells for $34 for a five gallon can which contains no solvents. He explained to the Judge that the analysis of the adhesive shows naphtha and another element which lists such things as fatigue and stupor as its symptoms. Judge Stikelether then related an incident when Mrs. Edwards showed signs of stupor while Dr. Hardin was in the office with the Judge. He continued that Shirley Woodward, Judge Smith's secretary, resigned because of her health problems. Since returning to the Courthouse, he, Mrs. Edwards and Judge Smith have had their health problems increase, the Judge advised. The Judge commented that he was extremely happy with the physical location of their offices and he wished to carry out his job, as the people of the County have elected him to do, but he does need Mrs. Edwards, his Judicial Assistant. E E B 26 1982 BOOK 19 TRE os ' Judge Stikelether then related various incidents when he was teaching a class in one of the courtrooms recently and several people became ill and had to leave. They adjourned the class and went outside to get some fresh air and one of the ladies in the class said she did not want to return to the courtroom to continue the class as it was making her ill, and others in the class agreed. The Judge also spoke of having a constant bad taste in his mouth, apparently from the problems attributed in the Courthouse. He continued that he wished he had the answer to this major problem and expressed great concern for the health of his assistant, Mrs. Edwards. Judge Smith's former secretary, Shirley Woodward, spoke out to the Board that she was also feeling the effects while being in the present Commission Chambers just a short time this morning. Her eyes were watering. Judge Stikelether commented that it has been the women who have suffered the most serious effects. They have gone back to the Courthouse and have given it another try, but the problem definitely is still present. Commissioner Lydns was satisfied that there was a problem and he feels committed to getting this problem solved as rapidly -as possible. He stated that he wished he had not asked the judges to go back to the Courthouse. Judge Stikelether commented, in closing, that he has been called "nuts" and "crazy" but he could assure the Board that he was not. There are problems in the Courthouse. Shirley Woodward then came before the Board. She noted that the Board now does acknowledge that there really is a problem at the Courthouse because for a year nobody did. Since leaving the Courthouse, she does not experience the symptoms, other than the one she is having now in the new Commission Chambers. Mrs. Woodward commented that she went to Gainesville for tests and she has been harassed for � � i payment of the bills that the County has refused to pay. Within the next two weeks, she will be trying to admit her son, who is extremely ill, into the hospital at Gainesville and only hopes that her payment record, for bills the County was supposed to pay, will not hamper her. Commissioner Fletcher then asked for an explanation of Mrs. Woodward's bills. Dr. Hardin related to the Board the amounts of the bills that have already been paid; anything that has come into his office, he has personally taken care of and approved for payment. Commissioner Lyons requested that Dr. Hardin contact Mrs. Woodward and get the matter of the bills straightened out. Dr. Hardin responded that he would do so. Judge Stikelether commented that he and Mrs. Edwards paid for any expenses incurred by them; they had not requested a penny from the County. Freda Wright, Clerk of the Circuit Court, approached the Board and advised that she had requested all of her employees to submit any problems they had to Dr. Hardin. She commented that she had never threatened to fire anyone if they complained of having a problem related to this matter. Dr. Hardin revealed that he had received 28 letters from various employees and only 15 had problems of some sort. He added that the majority of them have no health problems, but indicated that three employees do. Discussion ensued and it was determined that the level of formaldehyde has dissipated greatly. Mr. Kontoulas referred back to the question of the tile and advised that tile was removed in the old courtrooms as the contractor had to patch the floor. He added that in some of the other areas, there is some tile that was patched. 9 07 FEB 26 `1982 FEB 261982 19`0 Dr. Hardin then introduced Brian Burke, who has a Master's Degree in Environmental Health, who was present today at no expense to the County, to answer questions relating to the problem. Mr. Burke advised that he. was associated with HRS, who did some testing on formaldehyde, sewer gas and carbon monoxide in May of 1981. He advised that the levels were 1.14 parts per million in the record vault and then referred to the levels of formaldehyde in the upstairs portion of the Courthouse. Mr. Burke commented that these levels can be irritating and approximately 10% of the population is sensitive to formaldehyde vapors. He continued that they took a visual inspection and checked the air conditioning ducts; took hydrocarbon tests; and collected data sheets. They even investigated whether the adhesives that were supposed to be used, were used. Also, they -talked to many of the people assembled in the Courthouse and listened to their problems. Lengthy discussion followed about levels of formaldehyde and how they have appeared to be decreasing since the time of their sampling. Mr. Burke commented that there was a problem obtaining results of the tests performed on Judge Stikelether and Mrs. Edwards in Gainesville - this could pose as an impediment as to what was causing their problems. He stressed that medical testing was needed. Mr. Burke noted that the symptoms are real. They interviewed people and some were on medication; there can be a very low assault to the body which can create problems. He summarized that various things must be considered such as the health of the person, drug interactions, physical factors, and a psychogenic overlay. Commissioner Bird stated that the problem is the unknown factor. Mr. Burke revealed that the problem with testing is that you will find all kinds of materials which are naturally emitted from manufactured products, and to make a link between the two is tough. Some people are very sensitive and have allergic reactions. Commissioner Fletcher wondered if more testing should be done. Mr. Burke again stressed that the medical phase of the testing has been unsatisfactory. Commissioner Fletcher asked Mr. Burke if he would render a personal judgment that this was psychotic. Mr. Burke responded that he thought that was part of it; but did not believe it was the whole thing. Lengthy discussion took place. Chairman Scurlock pointed out that the glue and the carpeting are the only new things in both judges', quarters. Mr. Burke pointed out that fiberglass may even cause symptoms in some people - it was possible that a.combined effect of many things could produce many reactions in some people. He also agreed with the Board that the only new things in the Courthouse were the carpets and the glue. Commissioner Wodtke wondered if the problem might be in the fibers of the carpeting instead of the glue. He felt it was necessary to get an industrial physician to assist them in some way. Mr. Kontoulas stated that he signed the work order to stop the laying of the carpet in the Annex. Commissioner Lyons commented that he had talked to some former colleagues of his, who suggested various possibilities that might be the cause of the problems in the Courthouse. He felt it might be helpful to have a consultant brought in. E lo FEB 26 1982 ` w- Commissioner Wodtke agreed but he thought the key element was being able to have the necessary medical informa- tion for analysis. Discussion ensued along those lines. Commissioner Bird wondered about the possibility of replacing the carpeting in the judges' section of the Courthouse and see what happens to their symptoms. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board approve removal of the carpet from the area used by Judge Stikelether and that they clean up the floor and temporarily leave it uncovered. Commissioner Bird suggested that Commissioner Lyons amend his Motion to include removing the baseboard. Chairman Lyons agreed, and stated he would amend his Motion to just correct the Judge's office and his secretary's office and go with laying vinyl. After some discussion, Commissioner Lyons withdrew his Motion and Commissioner Wodtke withdrew his second. Commissioner Bird suggested that we remove what is there and let the staff come back with a recommendation of what to -replace it with by the next meeting. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that we remove the carpeting in the County Courtroom and Judge Stikelether's offices as quickly as possible. Commissioner Fletcher made a Motion to amend the Motion to strike "Courtroom" and make it just "offices" in the previous Motion. The Motion died for lack of a second. The Chairman called for the question. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. Chairman Scurlock talked about the authority to hold up work on the new courtroom in the Annex. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board agreed not to continue to install carpeting similar to that installed in the Courthouse, in the courtroom area in the Annex until further notice. The Chairman called for the question. It was voted on and carried unanimously. On Motion made by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously asked the Adminis- trator to come back with a recommendation of a team to further study the environmental problems on the second floor of the Courthouse; the team to consist of one medical person and an industrial hygienist, or someone who is in a position to take samples and who has had experience in this area. Dr. Hardin stated that Judge Stikelether's office could be moved to the offices formerly used by the Supervisor of Elections, in the Lawyers Title Building. Discussion follgwed:4s„to obtaining -estimates on removal of the carpet. Commissioner Wodtke felt the County crews could very easily pull that carpeting up off the floor; it is the preparation of putting the new vinyl down and cleaning that would take time. The Administrator advised that they tried to pull up some of that carpet and it was really adhered to the floor and he would request that they be allowed to hire a firm to do this work who have the proper tools. Mr. Kontoulas noted that on the second floor, west, it took the contractor better than 22 weeks to remove the old carpeting in the.Annex, plus the scraping, etc. FEB 26 1982 11 Fp" -- roc '49�aGE FEB 26 1982 Commissioner Wodtke stated that the Board would be getting a recommendation - they are authorized to remove the carpet. Administrator Nelson stated that he needed clarification. He thought he was to come back to the Board and let the Board know how much it was going to cost to pull the carpet up. The Board disagreed.. Attorney Brandenburg interjected that that was his understanding of the I -lotion also. Commissioner Wodtke noted that the Motion was to remove the carpet in the courtroom and judge's offices. Commissioner Bird continued on that the Administrator was to get the best price on removing the carpeting and doing it. The Administrator affirmed then that he had the authority to negotiate. The Attorney commented that they would enter into an emergency purchase order for the scope of that work. Chairman Scurlock added that as far as the 4ictual vinyl or replacement, then that was another study; the Administrator was going to come back to the Board with a recommendation at the next meeting. There being no further business, on notion made, seconded and carried, the Board adjourned at 11:45 o'clock A.M. ATTEST: 4 Clerk 16 /,,a/ Chairman