Kristin Bevilacqua-Nowell, 30 and eight months pregnant, was asleep when the tornado sucked the window out of the bedroom where two of her daughters, Bayleigh, 6, and Jocelynn, 5, were somehow still sleeping yet soaked and covered with leaves. In another bedroom that was also damaged, her youngest girls, ages 2 and 3, were also asleep but managed to escape injury.

source https://www.inquirer.com/news/tornado-thornbury-township-delaware-county-20191102.html

Copyright © 2019 WTVD-TV. All Rights Reserved.

source https://abc11.com/health/angry-parents-mold-concerns-at-soon-to-be-closed-fayetteville-school/5665787/

Here’s the plaintiffs’ argument from their motion to seal in Kurland v. ACE American Ins. Co., 2018 WL 9903324 (D. Md. Sept. 14, 2018):

1. Plaintiffs filed this first-party insurance action in September, 2015.

2. In the Complaint, Plaintiffs sought coverage from their homeowners’ insurance carrier, ACE, for water and mold damage to their home.

3. After years of adjusting, litigation filing, motion practice and a mediation, the case settled in May, 2017.

4. Plaintiffs’ attempts to sell their Owings Mills home have been unsuccessful. Plaintiffs, on information and belief, cannot find a realtor or buyer in light of postings on the Internet concerning the lawsuit, which describe water damage and mold and the health effects on their eleven-year-old daughter while in the home.

5. Even though Plaintiffs remediated the water damage and mold with documentation confirming same, Plaintiffs cannot get a realtor or buyer due to the postings on-line regarding this lawsuit.

6. Undersigned counsel provided a copy of this Motion to Defense Counsel, who has advised that Defendant does not oppose the relief requested.

7. Accordingly, Plaintiffs state that the financial harm they have endured from the said Internet postings outweighs the public right to the civil records on their insurance case being open. Plaintiffs respectfully request that the Court Seal the record in this case instantly. Plaintiffs would take this Court’s Order to each search engine company and each site owner to have the posts concerning this suit removed….

No, says Judge James K. Bredar:

Although the Court sympathizes with Plaintiffs, the motion will be denied because it fails to meet the governing standard for sealing a case.

Whether a court document should be sealed requires consideration of the standard set forth in Va. Dep’t of State Police v. Washington Post, 386 F.3d 567 (4th Cir. 2004). A party’s mere desire to keep information confidential does not suffice. Documents submitted to a court to support or oppose a motion for summary judgment can only be sealed if they pass a First Amendment test. Thus, the proponent of sealing such documents must proffer a compelling governmental interest and must show that the proposed sealing is narrowly tailored to serve that interest. Further, the party requesting sealing must present specific reasons in support of its position. In considering a motion to seal, a district court must give the public both notice of the sealing request and a reasonable opportunity to challenge it. In addition, consideration must be given to alternatives less drastic than sealing.

Plaintiffs have failed to demonstrate a compelling governmental interest to justify sealing the Defendants’ motion for summary judgment or any of its exhibits. Nor have they proposed a viable, less drastic alternative to sealing the entire case.

The Court notes that the rest of the documents filed were not in connection with a dispositive motion and, therefore, need not meet the higher bar of First Amendment sealing. Instead, the Fourth Circuit has differentiated between court documents that must be accessible to the press and public on First Amendment grounds and other court documents. Va. Dep’t of State Police, 386 F.3d at 575 («the common law ‘does not afford as much substantive protection to the interests of the press and the public as does the First Amendment’ «). Thus,

«The common law presumes a right of the public to inspect and copy all judicial records and documents. This presumption of access, however, can be rebutted if countervailing interests heavily outweigh the public interests in access, and [t]he party seeking to overcome the presumption bears the burden of showing some significant interest that outweighs the presumption. Some of the factors to be weighed in the common law balancing test include whether the records are sought for improper purposes, such as promoting public scandals or unfairly gaining a business advantage; whether release would enhance the public’s understanding of an important historical event; and whether the public has already had access to the information contained in the records. Ultimately, under the common law the decision whether to grant or restrict access to judicial records or documents is a matter of a district court’s supervisory power, and it is one best left to the sound discretion of the [district] court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.»

But even this less stringent standard has not been met by Plaintiffs. They chose to air their grievance in a public forum, the records of which are public records and presumed to be transparent to the public. And those records stayed accessible to the public for three years before Plaintiffs sought to have the case sealed. That the injurious allegations have been of public interest is borne out by their presence on the Internet.

The unfortunate consequence of Plaintiffs’ decision to seek justice for the damage done to their house is that the allegations have been reported but not Plaintiffs’ apparently successful efforts at remediation. Even so, the public interest still outweighs Plaintiffs’ interest in selling their house, and for that reason, their motion is DENIED.

source https://reason.com/2019/11/02/cant-seal-lawsuit-to-protect-the-marketability-of-your-house/

The International Space Station has a problem with fungus and mold – and the University of Colorado Boulder is sending new research to space to find solutions.

It is living and growing in secret aboard the station, hidden behind panels and inside pipes and conduit. It can live on almost any surface, and will slowly consume whatever it touches – plastic, metal, glass. It does not discriminate, and it is a real problem.

BioServe Space Technologies at CU Boulder is investigating potential fixes. The center has been awarded a $750,000 grant by NASA to increase our understanding of the organisms and investigate ways to stop them. On November 2, 2019, Northrop Grumman will launch a cargo resupply mission to ISS with BioServe’s experiments on board.

“They’ve found cultures of these microbes on the shuttle, Mir, and ISS. Every long-term mission has seen a growth of microbes where you don’t want to see them,” said Rylee Schauer, an aerospace engineering sciences master’s student working on the project.

The microbes are a type of fungus or bacteria called a biofilm. They represent a threat in space because they eat through the surfaces they grow on, a process called biodegredation. Biofilm formation also increases the risk of human illness.

“It shows up behind control panels and has gotten into heat exchangers and pipe systems. On Mir, they once noticed a pretty bad stench. Looking for its source, they pulled off a panel and found a lot of mold. That was the smell, but it was also consuming plastic cabling in that area,” said Luis Zea, an assistant research professor in BioServe and the Ann and H.J. Smead Department of Aerospace Engineering Sciences who is leading the NASA grant.

Biofilms are especially bad news for NASA as the agency plans for future missions to distant destinations, like Mars. Currently, if a biofilm were to irreparably damage a component on the ISS, NASA could send a replacement part on a regular resupply mission. That will not be an option if the ship in question is millions of miles away.

With that in mind, Zea’s team is launching a series of controlled experiments to the ISS later that will investigate how and why the organisms grow. They will also be testing novel materials that could inhibit growth of biofilms.

While their work is focused on space, it could have broad applications here on Earth as biofilms can and do thrive in almost any environment.

“Biofilms are how bacteria transmit disease. Most diseases in hospitals are transmitted through biofilms,” Zea said.

Engaged Students

Students form a core portion of the team at BioServe; Zea calls them the “backbone of this project.”

“The research they’re doing is an example of the opportunities here that are typically not available until students are in the workforce,” Zea said. “We’re giving students the chance to work on real life projects.”

“I am leading the bacterial work,” said Pamela Flores, a PhD student in molecular, cellular and developmental biology. “I am in charge of ground-based experiments to validate the spaceflight operations and post-flight data analysis protocols.”

Schauer, meanwhile, is heading up the fungal laboratory work.

“I have a background in biology, but space is super interesting and this is a meeting of the two,” Schauer said. “I’m doing a lot of the lab work, physical testing, and analysis.”

In addition to CU Boulder, the research team also includes NASA, the German Aerospace Center, Saarland University in Germany, the Massachusetts Institute of Technology, and Universidad del Valle de Guatemala.

Schauer, Flores, and Zea at Wallops Flight Facility on Oct. 31, 2019 in the run up to the launch.

source https://www.colorado.edu/aerospace/2019/11/01/mold-space-nasa-grant-study-space-station-fungus

KANSAS CITY — Grain inspection experts warn that the 2019 fall harvest will bring quality challenges for many.

Tom Dahl, president of the American Association of Grain Inspection and Weighing Agencies, said the quality challenges may vary by region.

Some may see weathered grain while others may see green or immature grains, frost damaged kernels, mold or fungus issues.

Any of these create marketing issues for producers.

For users, whether they are processors, feeders or millers, it is a matter of understanding the quality they are receiving so it can be used for its best purpose.

Central to these challenges is accurately measuring the crop quality.

Both buyers and sellers can benefit from clearly understanding the quality of the grain or oilseeds they are handling.

Dahl said many have already seen concerns over test weight in corn.

Accurate and repeatable test weight results require consistent testing procedures, he added.

According to Dahl, there will be issues when poor quality grain is being put into storage for a longer period than normal.

Mycotoxins, for example, typically only become worse during storage when conditions are already questionable.

Producers and users need to understand that these poor quality conditions can affect storability and long-term quality condition.

Iowa State University Professor Charlie Hurburgh noted that 2019 continues the chain of growing seasons with extreme and rapid changes beyond our long-term experiences.

He expects test weight in corn to be down and notes that low test weight often means more handling breakage, shorter storage life and higher drying costs.

He said there have been reports of mold damage in the field, so producers should be sure to be alert for mycotoxins.

At-harvest grain management will be particularly important this year.

He said the key at-harvest activities are cooling as fast as possible and drying as rapidly as drying systems will allow.

He noted that grain with field mold already present is particularly vulnerable to further spoilage if drying is not done quickly.

Dahl said producers and users can also benefit by making sure the testing technology being used is the most up-to-date.

Dahl cautioned that the old 2 Mhz corn moisture meters are still in use in many grain regions.

There is an issue of “high moisture rebound” that can occur with the old technology.

The newer 149 Mhz moisture meters have reduced or eliminated that problem.

He said that all Official Grain Inspection Agencies use this new technology.

Even the proper sampling methods can have a huge impact when grain loads have varied quality issues.

Dahl noted that farmers often will be harvesting right through wet spots and variable maturity.

A grain quality sample that is not representative of the entire load may only mask the poor grain conditions that end up in storage.

Consistent, accurate test results can be best assured through using an Official Grain Inspection Agency.

These are agencies supervised by USDA’s Federal Grain Inspection Service.

Dahl said when a user chooses an Official Grain Inspection Agency, the user will receive:

The most accurate inspection system, monitored daily by USDA to ensure everyone with the official system across the country provides consistent results, ensuring grades hold up every day.

The only inspection system with all equipment and personnel aligned to USDA’s central grain quality reference point. Official Inspection Agency equipment and personnel are the only ones aligned to USDA’s central reference point at the National Grain Center.

The only inspection organizations that can issue a certificate backed by the United States Grain Standards Act. USDA certificates are considered prima facie evidence in all courts of law providing the user with the legal backing no other certificate can.

Unbiased decisions. By law, official agencies can have no interest in grain companies or grain related companies.

source http://www.dailystarjournal.com/agriculture/fall-harvest-poses-grain-quality-challenges/article_342cb584-fa8e-11e9-bed7-47f387f3600d.html

Automotive plants with large machines up to 4000 tons are the first to recognize the safety and efficiency benefits of tension-indicating SmartBolts.

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The bigger the machine, the heavier the mold, and the greater the stripping forces when the clamp opens—all of which add up to ongoing safety concerns for injection molders about secure mounting of molds to machine platens. Some injection molders have addressed this by adding more bolts or clamps to secure their molds and scheduling redundant bolt-tightening checks, which is potentially wasteful and, in some circumstances, can even lead to mold damage.

John Bozzelli, a well known injection molding trainer and consultant (and long-time contributor to this magazine), says, “I have had a number of clients request a seminar on how to mount molds. Clients were tired of having molds drop out of the platens—literally fall out. Can you imagine the cost and safety concerns? evidently, this has become a major issue in our industry, and it needs attention.”

One company that is giving this issue serious attention is Industrial Indicators (aka Stress Indicators Inc.) in Gaithersburg, Md. (industrialindicators.com). Over 20 years ago, the firm developed a “direct tension indicating” (DTI) bolt with an indicator that changes color in response to the degree of “stretch” of the bolt as a result of tension. In the past 12 years, it has refined the technology for injection molding with the help of some beta-test sites doing automotive molding with large presses. “The molding market is growing rapidly now,” says account manager Matthew Hallwig.

Why Not Rely on Torque Wrenches?
 

According to Industrial Indicators, “There is no clear industry standard on how to properly secure injection molds.” Notes Hallwig, “We have seen incredible variation among molders in the type of bolts and type of tools used to tighten them.” Some molders reportedly have developed complex spreadsheets full of notes to calculate the number of bolts that would be required to secure various molds to platens. Others have struggled to control the torque applied by operators, which is made even more difficult as bolt sizes get larger and the torqueing forces required to tighten them increase exponentially.

Some molders use wrenches that can be set to apply a certain amount of torque (“torque wrenches”) as a standard test of adequate bolt tightening. But Industrial Indicators engineers point out that torque is a rotational force, not a compressive force, and thus is commonly mistaken for a measure of joint security. One reason is the unknown and variable friction factors that can alter the clamping force of bolted joints, even when operators maintain a consistent torque specification. Even more serious is the phenomenon of “bottoming out,” when a bolt is too long for the hole in which it is inserted and reaches the end—or bottoms out—before the head of the bolt can clamp onto a surface. The bolt seems tight, and if checked with a torque wrench there would be no warning of a problem, even though the bolt has no tension is not clamping anything together. This is a dangerously deceptive occurrence, which can be easily overlooked unless tension-indicating bolts are used, according to Industrial Indicators. What’s more, applying too much torque to hardened bolts can damage threads in softer platen steels.

A better answer, according to Industrial Indicators, is its DTI Smartbolt line, which applies strain-gauge technology in a unique way. The head end of each Smartbolt contains a central pin with a chamber containing a pressurized liquid indicator. As the bolt stretches in response to tightening, that relieves pressure on the liquid, which changes color in response. The center of the Smartbolt appears bright red when it is loose, and gradually changes color from shades of brown to black when fully “tight,” according to the preselected Design Tension for the bolt. Design Tension is selectable by the customer, in consultation with Industrial Indicators. According to Hallwig, SmartBolts for injection molds typically have a Design Tension set at 35% to 45% of fastener proof strength, measured in kilopounds, though that figure sometimes has been as high as 60%. A lower Design Tension allows for longer bolt life and reduced platen thread wear, Hallwig notes.

Direct Tension-Indicating (DTI) SmartBolts provide easy visual indication of tightness or looseness in real time.

DTI SmartBolts can be tightened with conventional tools; they have a one-year warranty; and the indicator is certified to function between -4 F (-20 C) to 168 F (75 C). SmartBolts are supplied with a verification sheet that shows the indicator color from 0% to 100% (fully tight) of Design Tension at intervals of 25%. The color indicator is said to be accurate within 10% of Design Tension. The indicator reportedly cannot be damaged by over-tightening, provided that the bolt is not tightened beyond its elastic limit (proof load).

SmartBolts are available in sizes from 5/8 in. up to 2 in. diam. The cost is only about 10-15% more than standard bolts, but Hallwig says the difference is more than compensated by increased safety, resulting in lower risk of worker injuries or damage to expensive molds. SmartBolts also help users improve operational efficiency by potentially reducing time spent on mold changes removing and installing excessive numbers of bolts and confirming bolt tightness with wrenches. Reduced damage to platen threads from over-torqueing bolts is another claimed benefit.

Automotive Penetration
 

Hallwig estimates that DTI SmartBolts are being used to varying degrees in around 15 injection molding plants, mainly among automotive molders with large machines. In 2018, one automotive molder with 36 big machines (up to 4000 tons) installed on all its presses. The facility averages over a dozen mold changes per day. Prior to installing SmartBolts, the facility had experienced almost weekly mold slips—warning events when bolts loosen enough to allow the mold to slip down the platen though it still hangs in place—and even occasions of a full mold drop. In six months after installation of SmartBolts, the plant reportedly had experience zero mold slips or falls, and on three separate occasions identified SmartBolts that “felt” tight but had bottomed out in the bolted joint. A manufacturing manager at this plant told Industrial Indicators, “I’ve been in this business for 31 years, and the thing I’m most proud of in my career is implementing SmartBolts.”

Now More Than Ever
 

Conditions in the plastics industry would seem propitious to the introduction of a product like SmartBolts. As consultant Bozzelli told Plastics Technology, “In my decades of going into shops, I have seen a few molds come loose—not fall, but come close. In more recent years, it has gotten worse and is something I check before I start working on a press. Most processors in the earlier years had some background with tools. We worked on cars or farm equipment, etc. Today, far fewer processors have any mechanical background or experience. So something as simple as tightening a bolt is not done properly. Nobody trains how to do it. It is assumed everybody knows how to use bolts, but they do not. Plus, most shops do not like to buy tools, as they disappear. Torque wrenches are a bit pricey, so they are not often purchased for the workers; and if they are, they do not last long on the shop floor. Sometimes, workers do not even know how to use them properly.”

Industrial Indicators is beta testing new lines of products for injection molders. One is the Chroma series of SmartBolts, which will have color indication for “Loose, Tight, and Over-Tight” conditions. It will also offer digital remote load monitoring and closed-loop tension control. A new line of tools—the company’s first—will convert the sensed load into a digital value. What’s more, in tightening mode, the tool will cut off when it senses the right tension.

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source https://www.ptonline.com/articles/tension-indicating-smart-bolts-make-mold-mounting-safer-more-efficient

Sioux City (KTIV) – It’s been a difficult year for people throughout Siouxland and floodwaters wreaked havoc. Communities across the tri-state area have prepared, evacuated, and rebuilt throughout the year because of those floodwaters.

Besides the flood damage, there can be one lasting effect that could be harming you and your family: Mold.

This year has been above average when it comes to rainfall.

Sioux City has received 30.53 inches of rainfall, the second year in a row above average. This year is in the top 10 on record for Yankton, South Dakota with 32.25 inches and Norfolk, Nebraska has seen 23.96 inches of rain this year.

But, the flooding hardships for communities didn’t end when the rain did.

The rains also brought destruction.

Just one of the many areas that took a beating was the bridge across the Niobrara River on U.S. Highway 281. It was wiped out by floodwaters when the Spencer Dam just upstream collapsed during flooding in March causing extensive damage to Niobrara, Nebraska.

From Iowa to Nebraska…

“This is the most widespread natural disaster we’ve ever had in our state’s history,” said Nebraska Governor Pete Ricketts.

To South Dakota…

“Now it’s just a waiting game to see if they’re going to be able to get when they’re going to be able to return home,” said Yankton County Deputy Fire Chief Larry Nickles.

Communities across Siouxland have been hit hard by floodwaters this year. With those struggles comes a big problem, mold.

“It’s the moisture that stays around after the flooding,” said Dr. Reason Ford, an Otolaryngologist, Head & Neck Surgeon. “That’s really the problem. If you do not dry everything out, mold is going to start everywhere. That’s just how it happens.”

Dr. Ford said there are lots of misconceptions about mold.

“It doesn’t really matter the color,” said Dr. Ford. “It’s a question of whether or not you’re susceptible to it. If you are, you don’t need that much to have these problems. It can create a lot of nasal congestion, itchy throat, scratchy throat, changes in voice, headache and that can actually extend into ear problems as well.”

So what should you do if you find mold in your home?

“So I would say the first step is not to touch it or disturb it in any way,” Paul Davis Restoration Project Manager Namon Jones said.

Namon Jones, a Project Manager for Paul Davis Restoration, said a lot of times people see mold and think they take care of it themselves.

“If you’re not properly protected during the demolition and disposal phase, then you expose yourself to the hazards associated with inhaling mold dust and spores,” Jones said.

If you do notice mold and plan to be in the affected area, officials say you should have a mask. Preferably an N95 rated filtration.

Before technicians inspect the mold, they make sure to suit up.

“Then we make sure we set up containment areas,” said Jones. “We set up helper filtration. So we make sure there are several steps involved in the process that protects us as well.”

Doctors say it’s just as important for people to protect themselves when they’re going back into their homes after flooding.

“It is interesting this year we have noticed that there have been a number of patients with worsening symptoms,” said Dr. Ford said. “Especially the throat symptoms.”

Dr. Ford said if you begin to notice these symptoms you can try a simple over the counter medicine.

“Typical allergy management, your antihistamines that are over the counter and your topical nasal steroids can help with preventing an allergic reaction,” said Dr. Ford.

He said if the symptoms continue, you should consult a specialist.

Dr. Ford adds that it’s important to check in any area that may be damp because that’s the most common place mold will grow.

Again, except for individuals with compromised respiratory systems like the elderly, sick, or small children, reactions to airborne mold tend to be similar to allergens. The stronger your sensitivity to a particular species of mold, the more severe your reaction will likely be.

There are a variety of types of mold that doctors test for including Alternaria, but there are also many others that could cause you problems.

Health professionals said its the most common cause of health symptoms due to an allergy to airborne spores.

source https://ktiv.com/2019/10/31/protecting-yourself-from-mold-and-staying-healthy-after-floodwaters-recede/

Air Force Lt. Col. Derek Bright’s children were out of their home at Fort Belvoir, Virginia, for so long that Fairfax County school officials considered them homeless. Displaced for 87 days while their home was treated for mold, the kids qualified for the school district’s free lunch program.

Ashley Fischer and her Navy chief husband lived in a hotel off post near Fort Belvoir, then in a temporary house, after mold was found in their home — and while their 3-year-old son has been undergoing treatment for brain cancer.

Raven Roman and her family are living in their third home in a year and it’s not because of change of station moves for her husband, an Army chief warrant officer. They’ve been displaced from their home at Fort Belvoir twice because mold and other problems have affected their health.

“We decided to move off post. We can’t put our children at risk,” Roman said. But the move off post cost them $8,000 out of pocket, she said.

“We’re going through the second round of throwing our personal belongings away,” because of mold contamination.

As the problems with mold and other health and safety issues in military privatized housing have come to light, officials in the services and in privatized housing companies have vowed to address the problems quickly. But in some cases, that means a family has to leave the home while the company remediates the problem, which might take a week — or months.

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Cockroaches, mold, raw sewage: 8 military families sue privatized housing company

Families allege the housing company misled them into thinking their houses were fit for human habitation, and falsely promised to make repairs.

By: Karen Jowers

The problems at Belvoir are a microcosm of similar issues across the country, affecting members of all the military branches.

At Tinker Air Force Base in Oklahoma, for example, residents have been complaining for years about the lousy housing conditions and their frustration with the lack of progress in getting problems fixed. Like many other Air Force bases, Tinker has had a significant mold problem in its privatized housing, but more recently, problems with asbestos and faulty firewalls in the homes have come to light.

In September, base leaders informed residents that a subcontractor to Balfour Beatty Communities had potentially disturbed asbestos while replacing floors in about 20 houses.

“The subcontractor executed the work without appropriate safety precautions and did not notify residents that proper safety precautions had not been taken, creating possible risks to residents,” said Col. Paul Filcek, commander of the 72nd Air Base Wing, in a news release.

Thirteen families were displaced to hotels, at no cost, while work to make the houses safe again was completed, according to the Air Force.

Displaced Lt. Col. with five kids describes three-month disturbance

Shortly after the asbestos discovery, Oklahoma Sen. Jim Inhofe, chairman of the Senate Armed Services Committee, and then acting Secretary of the Air Force Matt Donovan visited the base to learn more about the problem.

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The Air Force has put this privatized housing landlord on notice

By the end of the year, Balfour Beatty Communities must submit a comprehensive improvement plan to assure safe and healthy living conditions of airman and their families.

By: Karen Jowers

They also delivered an ultimatum to Balfour Beatty, the company that built and manages the homes: Deliver a plan for fixing all the problems within 90 days.

The myriad problems at Tinker with mold, firewalls and now asbestos have taken a toll.

“These families are being displaced for weeks, sometimes months … it’s awful with little children,” Air Force wife Janna Driver told KFOR-TV in Oklahoma City.

She, her husband and their 4-year-old twins have all suffered health problems and have had to move several times since their base house flooded and became infested with black mold.

“I get that they are being investigated,” Driver told the television station. “But it’s just not happening fast enough, and our military families are suffering tremendously because of it.”

While no one, least of all the families themselves, wants them to stay in unsafe houses, the delays in returning home can involve whole new levels of frustration. More, there’s inconsistency in how the families are treated in this displacement process, from base to base, company to company, and even sometimes on the same installation, according to families and advocates.

“All we’re asking for is standard operating procedures, transparency and accountability,” said Roman. Families also need information about navigating this complex, difficult process, and they need open lines of communication, she said.

Crystal Cornwall, executive director of the Safe Military Housing Initiative, is calling for “clear directives and polices that are followed for displacement, to include [Basic Allowance for Housing] rent reimbursement, food cards, and remediation or replacement of household items.”

“Displacement in and of itself is a huge inconvenience to families financially and within their everyday lives,” she said. “They have to figure out bus routes, how to get their kids to school, how to pay for the expense of eating out, gas. …”

Bright said he’s seen differences in how his and other families are treated at Fort Belvoir, compared to his previous assignment, Barksdale Air Force Base, Louisiana, where he was also displaced because of mold. There, the housing company, Hunt, was better about communicating with residents and more honest about disclosing and addressing problems in the home. “It’s not right, and it’s not getting better. It’s getting more confrontational,” he said.

There are inconsistencies in how fast companies make decisions about remediation; whether families should leave the houses; what kinds of living expenses are paid, and whether families have to continue to pay rent when they’re out of a base house, said Darlena Brown, an Army wife who is founder and president of the Military Housing Advocacy Network. She’d like to see the service branches adopt a system similar to the family readiness groups, with true advocates working on behalf of military families to deal with housing issues.

‘Unacceptable’ displacements

Military leaders are aware of the inconsistencies in policies relating to displaced families.

“We’re working to be collaborative in the services, because we’d like it to be the same across the board,” said Gen. Gus Perna, commanding general of Army Materiel Command, noting that service members often live on an installation belonging to a different service branch, and everyone needs to clearly understand his or her rights.

The Army is tracking every displaced family — 1,722 since February, how long they’ve been displaced and when they move back in, he said. But that’s just the first step. Next, Perna said, is “the accountability … that they never should have been displaced to begin with; the standardizing of what we give them so they know their rights; and getting them back into their homes.”

He said he’s made it clear to housing company CEOs: Having problems that result in displaced families is unacceptable. He’s told them, he said, that he appreciates that they are providing some benefits for displaced families, but that’s only “mildly interesting.”

“When you can’t sit down, when you can’t sleep in your bed, when the lights aren’t the way you want them, when your children’s closets are their suitcases, it’s unacceptable. Unacceptable. So I appreciate you’re paying for this and you’re doing that, but it’s unacceptable to the end state we’re trying to achieve.”

The newly formed Military Housing Association, a coalition of five of the most active companies in the military housing public-private partnerships, declined to comment on whether the companies are working together to look at the procedures for helping military families who are displaced, and determining what is fair to the families and what is fair to the companies.

Because these lengthy displacements for health and safety reasons are relatively new, policies are evolving.

“This a relatively new area, as it was not common to have to displace residents over the past 12 years,” said Ron Hansen, president of Michaels Management Services. “We started at paying for hotels if a resident had to be displaced. Our assumption was displacement would be around a week.”

But as the numbers of displaced families and time of displacement increased, he said, Michaels and Clark Realty have been developing new policies, which are not yet formalized.

Who pays for what?

Generally, the companies are making arrangements for families to live elsewhere and are paying for a hotel or other living arrangements.

In some cases, the company no longer requires the family to pay rent — equivalent to the service member’s Basic Allowance for Housing. Sometimes the company charges prorated rent.

But that’s not always the case, and it’s not the expectation of the services.

Army, Air Force and Navy officials said that when the privatized housing company is providing temporary accommodations, the resident is still responsible for paying rent to the company — the amount of their BAH. “Oftentimes, the project owners will also provide some rent concession to the resident to offset the inconvenience,” said Air Force spokeswoman Laura McAndrews.

It may vary within the company, too. “Reimbursing BAH as a result of displacement is managed on a case-by-case basis, depending on multiple variables,” said Alisa Capaldi, spokeswoman for Corvias, which manages 26,000 homes across 13 installations.

Some companies pay per diem expenses or provide some reimbursement; others don’t. Some have paid for moves off the installation, others don’t. There can be differences between what one housing company manager offers families and what another manager offers families in another community on the same base.

In a hotel, even with a small kitchenette, it’s often difficult to cook, so expenses like eating out and extra gas add up, said Fischer, the Navy wife, especially for those who have been in a hotel for 100 days or more.

Once school started at Fort Belvoir, the Brights, the Air Force family, had to borrow school clothes from friends because their belongings were locked in their home, under remediation.

“We couldn’t get to our clothes,” Derek Bright said. “We can’t go and spend hundreds of dollars on clothes we already have.”

The Brights moved their children and chocolate Labrador retriever into two hotel rooms July 17, a week after their fifth child was born. The other children are 9, 7, 5 and 3. They were later moved into a townhouse, but later had to move out because of mold there, too.

But Bright said he is concerned about other families. Most of those displaced at Belvoir are E-6 and below.

“It’s absolutely the lower ranking enlisted families who are suffering the most,” said Brown, president of the advocacy network. “And they don’t have a voice.”

Unless there’s language in a tenant’s lease agreement that specifically addresses this, a resident may seek reimbursement for housing-related expenses by filing a claim with their renters insurance company or by filing suit in any court that has jurisdiction, according to Scott Malcom, spokesman for the Army Installation Management Command. But insurance companies providing renter’s coverage do not cover mold damage.

Displaced Lt. Col. with five kids describes three-month disturbance

What about damaged belongings?

A sticking point for families is whether a company pays anything for replacement of belongings that have been ruined by mold and can’t be salvaged.

Until recently, Sgt. 1st Class Shannon Elliott’s family had been at an impasse with Fort Hood Family Housing regarding mold damage to their belongings, which remain in the second of three houses they lived in at the base. Because Elliott’s wife, Maureen, suffers from multiple auto-immune disorders, extreme care must be taken and some items are unsalvageable.

Lendlease officials declined to comment on its policies, saying in a statement, “As a matter of policy, we do not comment on the private lives of our residents.”

Fort Hood spokesman Tom Rheinlander said the private company hires a third-party consultant to assess and reimburse damaged household goods.

Corvias works with residents to ensure belongings are properly cleaned or replaced if necessary, said spokeswoman Alisa Capaldi.

When a resident claims that property must be disposed of because of mold, Michaels Management Services offers to specifically test and clean the items, said Ron Hansen, president of the company. If the resident believes cleaning is not acceptable and wants full reimbursement, the company looks at dispute resolution.

The local manager has the authority to resolve reimbursement on obvious items and reasonable requests, he said.

Is it safe to return to the house?

When the remediation is done, there are questions about how effective it is and whether it’s safe to return.

In August, commanders at Keesler Air Force Base in Mississippi met with officials from Hunt Companies, the contractor in charge of base housing there, and angry residents to address problems they’ve faced there, including recurring mold. The residents had accused Hunt of failing to improve poor living conditions.

Col. Paul Fidler, deputy commander of the 81st Mission Support Group, said initial meetings about housing problems were filled with “very high emotions.” But the contractor now has a “Moisture Remediation Plan” which the support group oversees, and follow-up meetings were much better.

“It’s everybody’s question. What is considered safe? What do they do to make sure the family is safe coming back into the home?” said Roman, the Army wife.

The Romans had extensive mold in their first home at Belvoir, so the company moved them to another home in 2018 and paid for the move. About five months later, they found mold in the second home. They were moved to a hotel for 10 days, then back into the house. “We got a clearance report saying the home was good to go. But the main issue, the elevated humidity, was not addressed,” she said.

“We felt we couldn’t do it anymore. We didn’t feel we could put our children in another home on base,” she said. Two of their three girls had had pneumonia at the same time, and both had been getting sick with chronic upper-respiratory conditions.

So, their third house in a year’s time was a house in the civilian community — a move that cost them about $8,000 out of pocket.

Col. Greenberg, Fort Belvoir’s garrison commander, said families shouldn’t go back into their homes until everything is fixed. His command team reaches out to displaced families periodically to make sure they’re getting what they need and that they are getting the right information from the company about the status of their home. The command team reviews the status of displaced families each day with the company, he said.

Before the family returns to the home, the company’s quality control looks at the house to make sure the work is acceptable, and a quality assurance team from Fort Belvoir checks the house, he said.

At Fort Hood, the company follows state regulations, which include a mold assessment consultant and mold remediation contractor licensed in the state of Texas. After the work is completed by the remediation contractor, the assessment consultant inspects the work, according to spokesman Tom Rheinlander.

Corvias hires qualified professionals to respond to residents’ environmental concerns and they conduct post-remediation evaluation, according to their spokeswoman. “Typically, this work is verified by both Corvias’ maintenance team and our Army and Air Force partners at each installation,” said Alisa Capaldi.

What the Air Force is doing

On Oct. 2, Donovan met with Defense Secretary Mark Esper, the Army and Navy secretaries, and privatized housing project owners to assess the progress in reforming the Military Housing Privatization Initiative.

The Air Force is working five major lines of effort to address the health, safety and quality concerns of service members and families living in privatized housing.

♦ Empowering residents: In May, Air Force leaders established the Resident Hotline, a 24/7, toll-free helpline. The call center has assisted 45 callers.

The services have also joined together to develop a Resident Bill of Rights, and solicited feedback from service members and their families early this summer. A final draft is expected soon.

The Air Force is also working to establish resident advocates at its installations and working with contractors to implement automated work-order systems with greater transparency for service members.

♦ Improving oversight: The service is also in the process of hiring additional personnel at several bases to provide increased oversight, including Tinker and MacDill Air Force Base in Florida. Several bases were provided in April with resident construction managers, experienced in residential construction and mold remediation techniques.

♦ Integrating leadership: According to Air Force officials, commanders conducted 100 percent health and safety checks in 2019. The service is also negotiating with project owners to restructure the performance incentive fee plan, to allow for increased commander and resident input in the fee award.

♦ Improving communication: In March, the Air Force issued a letter to project owners defining its position on the use of nondisclosure agreements, after discovering improper use of the document at several installations. It has also identified and shared best practices by project owners across the housing portfolio.

Air Force leaders now are looking at adding questions to the housing survey to more accurately gauge the climate of each base’s housing program.

♦ Standardizing policy: The services are working to develop common leases, and have provided guidance on availability of legal assistance to residents. It is also revising annual site visits to better gauge the health of the housing program of each individual base.

At places like Forts Belvoir and Hood, Keesler and Dover (Del.) Air Force bases and Joint Base Lewis-McChord in Washington, some military members and spouses have stepped up as advocates — trying to provide information and resources to families to help them make decisions and help them in their discussions with housing companies.

Ashley Fischer is one of them. Her family’s displacement happened during an already stressful time. In December, they learned that their son Rhett, now 3, had brain cancer. He then began chemotherapy sessions and other treatment, with two to three trips a week to Children’s National Hospital in Washington. They discovered the mold in June.

Their two older children, ages 12 and 7, ended up staying with her parents the whole summer because of the displacement. “It robbed them of summer time with mom and dad,” she said.

“Ashley has really done a lot of great work trying to bring the problems we’re having here at Belvoir to the forefront,” said Bright, the Air Force officer.

“She’s been working with the garrison commander and the company. She’s a strong advocate for families who are displaced, who say, ‘Oh my God, what just happened to me? I don’t even know what to ask for or what to expect,’ ” he said.

Senior reporter Courtney Mabeus contributed to this report.

source https://www.airforcetimes.com/pay-benefits/2019/10/31/for-military-families-the-discovery-of-mold-may-only-be-the-start-of-their-troubles/

Niche is finally back open after smoke, flames and water blasted the Old Market almost four years ago after an explosion in the area.It’s been a long road for owner Richard Anderson, but Niche reopened earlier this month in a new permanent location. The original store had extensive water damage and mold after the fire. KETV Newswatch 7 had an exclusive look inside the store days after the fire. The artwork inside the shop was warped ,and water was still dripping from the ceiling.»Most of that inventory went straight out the back door to a dumpster from all the water damage from the fire,» said Richard Anderson, owner of Niche.Anderson was forced to move to a temporary location following the fire for 3 1/2 years. The space was one-third of the size of his old shop, and Anderson didn’t think it was home.»It was supposed to be temporary. It ended up being a little longer than temporary,» said Anderson.His old shop still sits empty, but little was done to fix up the space. Anderson was ready for a permanent change.»Well, I don’t know if I was confident… I was hopeful, how’s that?» said Anderson. «But I was determined to get back open.»Now the doors to Niche are back open, sitting about a block away from the old location.»It is a completely different vibe,» said Anderson. «This is a newer space, so it is laid out a lot differently. I’m very happy with the way it laid out.»Niche is known for colorful, unique pieces, which is what you will find in the new store, but the merchandise is different than it was four years ago.»Colors changed, styles changed, so it’s been kind of fun to get new merchandise and new types of stuff in,» said Anderson.Anderson hopes opening the new doors will help him move on. «It’s getting better. I think I’ll be passed all of it when I finally get settled in this space,» said Anderson. «I’ve only been here a couple weeks.»Anderson said that he’s not upset he wasn’t able to move back into the old space. Instead, he’s happy to have a chance to move forward and finally have space for the furniture and local art that didn’t fit in his temporary location.

source https://www.ketv.com/article/shop-damaged-by-old-market-fire-reopens-4-years-later/29656603

SAN ANTONIO — Months after KENS 5 spotlighted the moldy infrastructure inside certain military housing at Randolph Air Force Base, a local law firm is taking action and filing suit against the company overseeing the housing in question. 

The lawsuit. filed Tuesday against Hunt Military Communities, alleges conditions that we observed for the first time earlier this year, including mold, cracked ceilings and water damage. 

«We couldn’t have our beds, our bedding, our clothes—we couldn’t take our towels, anything porous or semi-porous. Our wood items had to be trashed, we had to leave them,» says Kassandra Wolf, one of several plaintiffs mentioned in the federal lawsuit, which alleges the housing conditions of Wolf and other are «slum-like.»

Images of mold-infested vents, mold-covered toothpaste, walls and ducts illustrate the conditions court documents allege Wolf and other military families were forced to endure while at Laughlin and Randolph military bases. 

RELATED: Inside JBSA’s mold-affected dorms

RELATED: Mold concerns prompt inspections, moves at Joint Base San Antonio

RELATED: On-base families forced to contend with health hazards at home amid slow response from personnel

«There are an unlimited source of horror stories,» one of the attorney behind the suit said. «Horror story after horror story after horror story.» 

Former residents allege Hunt Military Communities didn’t respond with due diligence, instead settling for haphazard fixes. 

«Our mold count was off the charts,» Wolf says. «We had over 65,000 mold sports, five toxic mold and fungus, and 45,000 of those 65,000 are the mold that my son is allergic to—my son with asthma.»

But despite the photos and residents speaking out, Hunt Military Communities called the allegations baseless. KENS 5 sent over photos and questions regarding whether Hunt was aware of the conditions, as well as whether the company was doing anything to remedy them. 

We received the following statement from Hunt in response: 

«We are aware of the lawsuit recently filed against Hunt Military Communities. We believe the lawsuit is without merit and intend to vigorously defend the company against these baseless claims.»

Meanwhile, families living in the affected housing say they hoe the suit will put a stop to the problem.

source https://www.kens5.com/article/news/national/military-news/military-housing-moldy-lawsuit/273-46691d5f-37c3-4148-b83e-c21e5004d7da