TOWN OF BRADFORD
SELECTMEN’S MEETING
SEPTEMBER 27, 2011
5:30PM
The Pledge of Allegiance was said.
Call to Order and Roll Call:
Harry Wright, Chair called the meeting to order with Barry Wheeler, Jack Meaney, Cheryl Behr, Administrator, Marilyn Gordon, Treasurer, and Marge Cilley, Secretary present.
It was reiterated that the Selectmen will be meeting weekly at 5:30pm.
There were no appearances at this meeting.
Regular Business:
Bement Bridge
Cheryl Behr, Administrator reported on the Bement Bridge repairs which are in progress. They found the hole was six feet deep, the width of the road. This has been filled with stones and concrete and needs to sit for seven days prior to having asphalt added. It was estimated that the concrete costs were about $800.00, and a new diamond blade needed to be replaced. The State allowed it was done the way they would have handled it. The bridge should be opened shortly after a week
Mold Issues – letter from Jae Whitelaw, Attorney:
Cheryl Behr advised pictures were taken of the conditions in the Police Station. The town hall consists of 4,000 Square Feet. Water came up through the floor in the Police Station when they were working in there and it was stated that re-grading and a catch basin may help. Also vapor barrier membrane under the building was suggested. Another topic suggested was frequent retesting. The big question is what to do with the building. Harry Wright, Chair felt it is necessary to make it livable for now and stay on top of the problem.
The following letter from Jae Whitelaw, Attorney was read into the minutes by Cheryl Behr, Administrator. Marcia Keller requested the complete letter be incorporated into the minutes for everyone to be able to see the problem.
[OCRd from the graphic, may contain typographic errors. The original document is available at Town Hall.]
Mitchell Municipal Group, P. A.
ATTORNEYS AT LAW
25 BEACON STREET EAST
LACONIA, NEW HAMPSHIRE 03246
Walter L. Mitchell Telephone (603) 524-3885
JUDITH E. WHITELAW FACSIMILE (603) 524-0745
Laura a. spector Stephen m. whitley
September 26, 2011
VIA E-MAIL
Cheryl Behr, Administrative Assistant Town of Bradford P.O. Box 436 Bradford, NH 03221
Re: Town Building
Dear Cheryl:
I am writing to follow-up our telephone conversation this morning regarding the current mold problem at the town building. As we discussed, I do have several concerns.
My understanding of the basic facts is as follows. The police station portion of the building experienced a severe water leak, with the result that structural components of the building were saturated. During repairs, it was discovered that mold existed in the plaster walls and floor. Employees at both the police station and clerk’s office complained of health effects from the presence of mold. The police department was relocated to a temporary trailer that was brought onto the property.
The town retained HL Turner Group and Ares to investigate the scope of the mold problem and provide recommendations for remediation if necessary. While a variety of mold types were identified, the single air quality test that was performed in the police station and clerk’s office indicated low levels of mold. The Turner Group did indicate that the test showed only what the mold levels were at that particular point in time. I have not reviewed the reports.
Several actions were recommended to be taken in an effort to remediate the mold, most of which are aimed at moving rain and water runoff away from the building. The utility room is especially subject to water problems, with resulting mold issues. The furnace’s current cold air return is in the utility room, with the result that the furnace distributes the air from the utility room around the building. Some of the actions suggested have been taken, and some of the remaining actions are fairly expensive. Employees in the police department and clerk’s office continue to indicate that they are experiencing health effects from the presence of mold.
As you know, I have addressed this issue in another town, and would like to share with you what I learned about mold remediation and the effects of mold on employees. First, it is my understanding that while remediation efforts can be made, it is not possible to determine ahead of time whether such efforts will be effective. Second, individuals respond to mold. and the different types of mold, very differently, as some are more susceptible than others, Both of these factors make addressing a mold problem even more complicated and difficult.
My concerns, based on the above facts, are as follows.
1. RSA 277 is entitled “Safety and Health of Employees.” Pursuant to RSA 277:16. the Labor Commissioner is authorized to adopt rules to carry out the purposes of the chapter. i.e. the safety and health of employees. Labor Rule 1403.2 (a) requires employers, including municipalities, to provide a work place that is free of recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.” This is an affirmative duty. As the employer, the selectmen are charged with determining if a building meets that standard and taking appropriate steps if it does not.
Pursuant to RSA 277:13-a, an employee of the facility may petition the Labor Commissioner for an investigation into the health issue, who is then required to investigate and can in turn order the town to take steps the Commissioner believes are necessary to provide a safe workplace. I believe the town would be at risk that such a petition may be filed, with unknown consequences, if the problem is greater than currently known or if steps are not taken to successfully remediate the current problem.
- I am also concerned that employees may decide, even if they have symptoms or are afraid that they may develop symptoms, not to ask to relocate out of fear that they may compromise their jobs or be subjected to ridicule or adverse reactions from the selectmen, the administration or fellow employees. This puts the employee in the position of having to choose between their health and their job. While employees routinely make health versus job decisions when their position carries an inherent risk (chainsaw operator), mold is not an inherent risk of an office job. Requiring an employee to decide whether to take a health risk that is not part of the normal course of the position is not an acceptable employaient practice. Again, it is the employer, not the employee, who must make the decision of whether the workplace is unhealthy.
- I am very far from being an expert of any kind on mold and attendant health issues. However, I do not believe the selectmen, the administration or the employees are either. Based on my prior experience, I recommend that the selectmen consider, with the assistance of their experts, whether additional testing and/or testing of additional areas is required in order to determine whether the scope of the problem has been adequately determined and addressed, and also whether periodic testing would be beneficial. I am concerned that a delay in addressing the mold problem, if based on the belief that the absence of symptoms in all employees means the mold is not causing harm, is short sighted. I just don’t know enough to make that determination, and leave the question to the experts.
- The probability of worker’s compensation claims if employees are adversely affected by the presence of mold goes without saying.
I understand that the town is in a very difficult position. The selectmen are required to do due diligence when faced with the fact that the town building has a mold problem and that employees are complaining of mold-related symptoms. I strongly recommend that the selectmen continue to move forward as quickly as possible to determine the full scope of the problem and how best to address it so as to comply with their legal duty to provide a safe and healthy workplace.
Please do not hesitate to call if you have further questions, or if additional facts become known that may affect my opinion. Thank you.
Sincerely,
Judith E. Whitelaw
jae@mitchellmunigroup.com
[END QUOTED MATERIAL]
H. L. Turner Group and Ares are two companies that investigated the mold situation and they advised the pitch of the roof, the configuration is not appropriate over the police station.
Cheryl Behr, Administrator will check on the cost for a membrane insulation, drainage problem, retesting and re-evaluate and heating system problems and get back to the board at their next Tuesday evenings meeting.
Barry Wheeler suggested that Geddes Building mover be contacted to get an estimate of how much it would cost to jack up the town hall to put a basement under it.
There was much discussion about moving into the Community Building, both pros and cons.
There is no word at this time on the Tax Rate, as we are still waiting for the school figures.
Cheryl Behr, Administrator advised the Budget third quarter is ending. A letter will be given to each Department Head with their Budget Request for 2012 with a due date of October 31, 2011. The wages are set by the Selectmen. There will be an insurance meeting tomorrow with another agent.
Marcia Keller advised of the meeting next Monday night, October 3, 2011 regarding the 10 year Plan with DOT at 7:00Pm at the City Council facility on 41 Green Street. This is regarding putting Route 114 between Bradford and New London on the list. It would be good for as many people as possible to attend to support the rebuild of Rte. 114 from Bradford to New London.
Accounts Payable were reviewed and signed.
Motion was made, seconded and carried to go into non public session at 6:50pm per
RSA 91A:3:II a to continue discussion on police personnel and other personnel issues.
The Secretary did not attend.
Meeting adjourned at 6:50pm.
Respectfully submitted,
Marjorie R. Cilley, Secretary