MANSFIELD — Mansfield City Council met in executive session Jan. 3 with outside attorneys to discuss pending litigation, apparently related to water pollutants that have become a target for cities around the country.
On Tuesday, council is expected to vote on legislation supporting the administration’s desire to “engage outside counsel” to purse litigation over alleged contamination at Mansfield Lahm Regional Airport.
The closed-door session on Jan. 3 included attorneys with the Louisiana law firm of Cossich, Sumich, Parsiola & Taylor on Zoom and two private attorneys from southern Ohio, who attended the session in person.
The topic during the executive session was PFAS, also known as “forever chemicals.”
The legislation on council’s agenda doesn’t identify the exact chemicals or location at the airport on the city’s north side.
The two Ohio attorneys at the Jan. 3 meeting were Dale Seif Jr. from Waverly, Ohio, and Rusty Miller from Portsmouth, Ohio. Seif is representing the City of Bellbrook, which in December became the latest Dayton-area city to sue over PFAS contamination.
Bellbrook filed a lawsuit against more than 30 businesses, many of which are chemical manufacturers, alleging PFAS contamination of its water sources.
According to a page of the Louisiana law firm website devoted to the topic, these ” per- and polyfluoroalkyl substances are a family of man-made chemicals encompassing hundreds of substances.”
“The unique properties of these chemicals make them both well suited as one of the primary components of a variety of products commonly sold, distributed and used throughout the United States, and problematic for the environment,” the law firm said.
PFAS has been commonly used in products ranging from Scotchguard and Teflon products, fire fighting foam, and car wash and wax products, it said, adding the chemicals are toxic, but extremally stable, and do not biodegrade over time.
“A solution to this problem exists, but it will be complex and expensive. At Cossich, Sumich, Parsiola and Taylor, we believe that this burden should lie with those who caused the problem,” the firm’s website said.
Often, law firms take on these cases on a contingency basis, meaning the community doesn’t pay unless an award is won.
In 2019, Ohio Gov. Mike DeWine directed Ohio EPA and Ohio Department of Health to analyze the prevalence of PFAS in Ohio’s drinking water.
A preliminary PFAS study was done that same year at the Mansfield Lahm Fire Station operated by the 179th Airlift Wing. The work was done by AECOM, a Maryland-based company.
According to the report, Aqueous Film Forming Form (AFFF), which contains PFAS, was not stored, used or released at the fire station.
“However, several potential PFAS sources are located adjacent to the Mansfield Lahm Fire Station with (Ohio Air National Guard) property. Therefore, a potentially complete exposure pathway exists for PFAS contamination in surface water in association with off-facility sources,” the report said.
Also on Tuesday, City Council is scheduled to:
— discuss during caucus legislation authorizing the city to enter into a contract with the lowest bidder for the city’s annual street resurfacing program.
— discuss during caucus a contract for engineering services related to the multi-use trail connector from Trimble Road to the Mid-Ohio Bike Trail at Marion Avenue.
— discuss during caucus allocating an additional $7,574 to purchase two 2022 Ford F-550 dump trucks with snowplow packages from Valley Ford Truck, according to state pricing contracts. Council had previously approved spending $224,884. According to the legislation, additional funds are required “due to ordering issues.”
— discuss during caucus allocating an additional $7,930 to purchase two 2024 F-650 dump trucks with snowplow packages from Valley Ford Truck, according to state pricing contracts. Council had previously approved spending $300,188. According to the legislation, additional funds are required “due to ordering issues.”
— vote on legislation to put the renewal of a 1/2-percent income tax on the May 2 primary ballot for the city’s safety forces.
There are four committee meetings scheduled for Tuesday: finance at 6:10 p.m., airport at 6:15; streets at 6:25 and public utilities for 6:35.
A proposed increase in the city’s water rates, scheduled for a vote Feb. 7, is expected to be discussed during the public utilities’ committee session.
Caucus is scheduled to begin at 7 p.m. with the council legislative session following immediately thereafter.
