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HomeMy WebLinkAbout11-05-09 Minutes, Policy Commission Meeting r f� co 'o LINKED POLICY MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 5, 2009 The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North Rouse on Thursday, November 5, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Director of Public Service Debbie Arkell, Staff Attorney Tim Cooper and Deputy City Clerk Aimee Kissel. Please refer to the audio recording of'this meeting for additional detail. 0:00:02 A. Call to Order 0:00:03 B. Pledge of Allegiance and Moment of Silence 0:00:35 C. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:00:52 D. Round Table Discussion 0:00:57 E. Policy Discussion 0:01:07 Mayor Jacobson Mayor Jacobson asked whether anyone had an item to place on a future policy meeting agenda. No person commented. Mayor Jacobson closed the round table discussion. 0:01:13 1. Solvent Site Update 0:01:50 Tim Cooper, Staff Attorney Mr. Cooper introduced the topic explaining that in June a public meeting took place presenting a vapor study that was requested by Montana Department of Environmental Quality MDEQ. The first phase has been completed and based on the results, the City and CVS's consultants have submitted a work plan to (DEQ) and DEQ has provided comments. Michael Ellerd from ATC Associates will present information on the next phase. 1 of 1 Alinuies nJ the Bo:�eniun 011 Commission Policy Meeting, November 5, 2009 0:02:38 Michael Ellerd, ATC Associates Inc. Mr. Ellerd, principal scientist and the project manager for the Bozeman Solvent Site, representing the City of Bozeman and CVS; provided a brief history of the project and an update of where we are now, how we got here, and where we go from here. The key issue being the residential vapor study in the area just north of the former Buttrey shopping center. Mr. Ellerd then explained what has been completed in 2009 explaining that ATC conducted follow up to the sub -slab and indoor air sampling that was done in 2007 in CVS and Hastings. Then the State required follow up sampling that was done in CVS, Hastings and formerly Corral West Ranch Wear. The report was submitted in June to the DEQ and they have not heard back. SVE confirmation soil sampling was required to see how effective mitigation was. ATC prepared and submitted a scope of work in June and submitted it to the DEQ. The DEQ asked for revisions, the scope of work was re- submitted in early October and ATC is awaiting a reply. DEQ has now called for drilling three bore holes along the trace of the old sewer line and the creation of a test pit which will happen on the far west corner of the property. They will collect those soil samples as soon as they get approval. The bio- remediation pilot test was started a year ago in August. ATC conducted performance monitoring in March and June and the results were very favorable. They submitted a report to DEQ in September and are awaiting a reply. The DEQ required the City and CVS to install a new monitoring well directly outside the entrance of Hastings. The well was installed in June and the concentrations were very low. The report was submitted to the DEQ in July and ATC is awaiting a reply. The key issue today is the residential vapor study. In February, the DEQ said in a meeting with the City and CVS that there technical consultant had done some calculations based on ground water concentrations and had indicated that there may be a potential for PCE to migrate out of ground water into soil gas, migrate through the soil vapor and get into homes, structures, residents into the area north of the Buttrey's shopping center. In March they provided a letter that a vapor study was needed in that area. A scope of work was prepared and submitted to DEQ in April. In May the DEQ issued comments on the scope and it was revised and re- submitted. The DEQ approved the revised scope of work in June. The first phase was conducted in June. They went into the area north of the shopping center between Beall and Oak Streets and placed 29 soil vapor probes in the ground in 15 locations and collected soil gas. This was to determine whether or not the theoretical calculations by the DEQ's contractor did occur and what were the concentrations. In September, the laboratory results were submitted. Before ATC had an opportunity to submit the report, the DEQ required that the city and CVS do indoor air sampling in residences in that study area. The report was submitted in September and also the scope of work for the next phase for the residential vapor study. In October, the DEQ submitted comments on the scope of work and had a number of changes. The scope was revised and re- submitted to the DEQ. They received approval to proceed. That is where we are at now. The preliminary work was started last week. They went into the study neighborhood and did an inventory of the structures for construction type, year built, etc. Mr. Ellerd explained that PCE is ubiquitous in residential indoor air and explained the normal ranges for PCE and the DEQ's recommended screening level. He also 2of6 Minutes of the fan -eman Ci {y Commission PohcY Akeling, .November 5, 7009 explained how PCE could be migrating if in fact it is migrating. He said that there have been a number of previous studies that have evaluated the potential for vapor intrusion at the Bozeman solvent site and he provided details into those studies and what they found. This is not a new issue. It has been looked at in the past, and in all the studies done thus far, nowhere was it ever determined that this was a potential health risk to residents in the neighborhood north of the shopping center, or employees or patrons of the shopping center. However, the calculation recently done by the DEQ's consultant indicated that it may be possible for PCE to migrate from the dissolved phase into the vapor phase at concentrations that exceed screening levels. The City and CVS responded with a three phased approach to study the off- site soil vapor conditions. Mr. Ellerd explained these phases. The first phase was to measure PCE in soil gas in the study area to determine if we are getting migration of PCE from ground water into soil gas. If the results warranted, the second phase would be soil vapor sampling adjacent to residents. Probes were placed in city of Bozeman right of ways. The third phase if warranted would be the indoor air. The DEQ did not agree to the second phase which is why the next phase is indoor air sampling. Mr. Ellerd explained the method for testing with the probes as well as the testing results. The testing results determined that further investigation is warranted. The next phase is to sample twenty -one structures within a revised study area and those results will be compared to an indoor screening level. The DEQ will look at a ratio of concentrations. Mr. Ellerd explained how this testing will be conducted and how the DEQ will view the results. IF the concentration of PCE in the indoor sample is higher than what we are finding under the building, DEQ will determine that there is another source of PCE inside the building. If the concentration is higher under the building, than within, their determination is the source is the solvent site. ATC argues with that because of possible background concentrations from a multitude of other sources. They had proposed in the initial scope of work to select some neighborhoods in town that are not affected by the solvent site to do a background study to compare with the study area. The DEQ would not allow that, and would not accept data from a background study. ATC recommends that the background study not be conducted since the DEQ will not accept that data and go forward with the indoor air study and look at the results. Mr. Ellerd explained the process for determining the structures to be studied. After that they will secure access agreements with the property owners in November and December. Pre sampling indoor air surveys will be conducted in December and January. Mr. Ellerd explained this process. In January the probes would be installed. Mr. Ellerd explained this process. The DEQ would like all the sampling done by the middle of February, 0:43:53 Cr, Becker Cr. Becker asked what other sources of PCE could be. 0:44:02 Mr. Ellerd Mr. Ellerd explained that PCE can be found in indoor air from dry cleaned clothing, oven cleaners, cleaning solvents, carpet cleaners, printer inks, paper coatings, etc. 3 of 6 A9inutes of the Bozeman City Commission Policy A9eeting, November 5, 2009 0:45:05 Cr. Becker Cr. Becker asked what happens if you get high level exposure to PCE's. 0:45:12 Mr. Ellerd Mr. Ellerd explained that PCE is a suspected carcinogen. 0:45:51 Cr. Rupp Cr. Rupp began a discussion regarding the background study to look at other areas of the City initially proposed by ATC that DEQ rejected. He suggested that policy makers might be interested in taking a look at that data to determine what is going on at this site compared to another. 0:46:29 Mr. Ellerd Mr. Ellerd said the cost of the next phase of the study right now is running just short of $300,000. To bring in another neighborhood would add at least another $100,000. 0:47:18 Mr. Ellerd Mr. Ellerd explained that if the concentrations are at a level that the DEQ requires the City and CVS to do some actions that the City and CVS do not feel is warranted, then we could get some background data at that time. 0:48:07 Mr. Ellerd The DEQ has indicated unofficially to ATC that they are hoping and anticipating that we will not find anything in indoor air that will warrant mitigation. 0:48:57 Cr. Rupp Cr. Rupp asked whether ATC can get the DEQ to define what an action level would be. 0:49:32 Mr. Ellerd Mr. Ellerd said there is no action level determined for indoor air. In other states and in similar circumstances action levels were in the 100's of micrograms of cubic meter range, but that is no indication that the DEQ in this state would look at that. It will be up to them. 0:50:32 Cr. Krauss Cr. Krauss said that he echoed Cr. Rupp's sentiment that the background testing should be conducted so that whatever action level DEQ comes up with after the fact, we have some comparison data. 0:50:59 Cr. Bryson Cr. Bryson said he does not understand what the point of the sampling is if there's no baseline established for what normal indoor air quantities are and there is no threshold for what higher than appropriate indoor air qualities are from DEQ's perspective. 4of6 Minutes q/ Me Roreman City Commission Po /icy A9eeting, November J. 2009 0:52:20 Jeni Reese, Attorney at Law with Moore, O'Connell Refling Ms. Reese represents the City in this issue. Ms. Reese said she appreciates the Commissioners concerns regarding background studies. They initially proposed utilizing national background data that has been published in peer reviewed journals but that was rejected by DEQ. Based on what the DEQ is asking, ATC and the other involved parties recommend that at this time the background study not be completed because they cannot use that data with DEQ and they do not know what they'll find. They could then conduct the background testing in the future if it became necessary and there is a significant expense. 0:54:05 Cr. Rupp Cr. Rupp reiterated that his concern is with public safety and he does not know how to determine that with data from one neighborhood without data from another neighborhood. 0:54:36 Cr. Krauss Cr. Krauss continued the discussion regarding whether a background study should be conducted or not. 0:56:53 Ms. Reese Ms. Reese explained that the insurance only covers23% of the cost. They have been looking at the overall budget and weighed whether money would be better spent on a background study or continued remediation. A discussion took place regarding costs involved. 1:07:44 Mayor Jacobson Mayor Jacobson said it does not make sense to her to spend money on a study that the DEQ will not recognize. 1:09:51 Mayor Jacobson Mayor Jacobson said she is not concerned because the test results so far have not been alarming. 1:14:03 Debbie Arkell, Director of Public Services Ms. Arkell said that as Mike Ellerd begins going door to door and explaining to them what the process is to take these samples, the Commission may be hearing more from the public. 1:14 :21 Mayor Jacobson Mayor Jacobson asked whether the people within the study area have been alerted. 1:14:40 Ms. Arkell Ms. Arkell said there was a public meeting in June and several media articles. 1:14:54 Cr. Krauss Cr. Krauss asked whether a letter should be sent to the entire target area. 1:15:21 Ms. Reese Ms. Reese said they will only be contacting those they will be requesting access from. 5 of 6 Minutes of the Bozeman 00i Commission Policy A9eeting, November 5, 2009 Discussion continued regarding notification. 1:1.6:53 Ms. Reese Ms. Reese said her concern with contacting everyone is that they are only sampling 21 structures and if they have 75 people volunteer then you may be forced to sample all 75. 1:18:03 Mayor Jacobson Mayor Jacobson said we could write a letter to everyone explaining that it is a sample and that there is certain criteria that must be met in choosing the 21 homes. 1:18:29 Cr. Krauss Cr. Krauss asked that this item be added to the Monday night agenda. He also said we have an intelligent citizenry and they should be able to understand the sample criteria and we should let them know what is going on in the interest of being transparent and open. 1:19:49 Chris Kukulski, City Manager Mr. Kukulski said that city staff can work with the consultants to draft a letter as an informative document to the citizens in the area and get it sent out. 1:20:04 F. FYI Mayor Jacobson asked if anyone had an FYI. No person commented. Mayor Jacobson closed FYI. 1:20:10 G. Adjourn Mayor Jacobson adjourned the meeting at 1:20 p.m. Kaaren Jacobson, M Z ATE` .1 St Y 9 riV 1, �y' Clerk PREPARV-D BY:" �"U-) 1:��J Aimee Kissel, Deputy City Clerk Approved on leae,m y 7 o7DQ9 6of6