leo ttb 06lull'?! · amy gibson-boystown tina gray-leadsafe omaha coalition laura...

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OLB CAG Omaha Lead Site Community Advisory Group P.O. Box 12301 Omaha, NE 68112 RECE\\lEO ttB 0 6 lUll'?! SU?t.RFU\-lO ONISIQ" February 1, 2008 Mr. Bob Feild U.S. EPA, Region Vll 901 North 5 th Street Kansas City, Kansas 66101-2907 RE: Omaha Lead Site Community Advisory Group Minutes from 11/14/07 and 12/12/07 Dear Mr. Feild, Attached are the minutes from the Omaha Lead Site Community Advisory Group meetings that took place on November 14 th and December 1i h , 2007. The Community Advisory Group approved the minutes on December 12, 2007 and January 9, 2008, respectively. Please enter the minutes into the Administrative Record for the Omaha Lead Site. If you have any questions, please contact me at (402) 344-7797. Sincerely, Brenda Council Facilitator

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Page 1: lEO ttB 06lUll'?! · Amy Gibson-BoysTown Tina Gray-LeadSafe Omaha Coalition Laura Hardesty-CadmusGroup Steve Jackson-OfficeofMinority Health ... Barrientos-Patlanexplained that she

OLBCAG

Omaha Lead SiteCommunity Advisory GroupP.O. Box 12301Omaha, NE 68112

RECE\\lEOttB 06 lUll'?!

SU?t.RFU\-lO ONISIQ"February 1, 2008

Mr. Bob FeildU.S. EPA, Region Vll901 North 5th StreetKansas City, Kansas 66101-2907

RE: Omaha Lead Site Community Advisory Group Minutes from 11/14/07 and 12/12/07

Dear Mr. Feild,

Attached are the minutes from the Omaha Lead Site Community Advisory Group meetingsthat took place on November 14th and December 1ih

, 2007. The Community AdvisoryGroup approved the minutes on December 12, 2007 and January 9, 2008, respectively.Please enter the minutes into the Administrative Record for the Omaha Lead Site.

If you have any questions, please contact me at (402) 344-7797.

Sincerely,

Brenda CouncilFacilitator

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Community Advisory Group (CAG)for the

Omaha Lead SiteMinutes for Meeting Held

Wednesday, November 14,2007,9:30 a.m.North Omaha Boys and Girls Club

2610 Hamilton St.Omaha, NE 68131

OLS CAG Members Present:Rebecca Barrientos-Patlan-Burlington RoadNeighborhood AssociationSue Casteel-Agencyfor Toxic Substances and Disease RegistryBrerida. C()llllcil=OLS CAG FacilitatorTodd Davis-Nebraska Department ofEnvironmental QualityJim Dowding (Designee for Gary Gemandt)-City Council StcifJBob Feild-US. Environmental Protection AgencyDr. Adi Pour-Douglas County Health DepartmentVicki Quaites-Ferris-City ofOmaha Mayor's OfficeCrystal Rhoades-Neighborhood Centerfor Greater OmahaChe Thompson (designee for Kara Eastman)-Omaha Healthy Kids AllianceMarian Todd-City ofOmaha Planning DepartmentVernon Waldren-University ofNebraska, Lincoln Extension

Others Present:Mary Castaneda-EPA Information 'OfficesLelia Coyne-CitizenConnie Determan-MFG, Inc.Felisa Dillon- ASWAssociatesTiffany Frezell-EPA Information OfficesAmy Gibson-Boys TownTina Gray-Lead Safe Omaha CoalitionLaura Hardesty-Cadmus GroupSteve Jackson-Office ofMinority HealthLouise Latimer--8enator Ben Nelson's OfficeJennifer Rawley-MFG, Inc.Steve Sanders-US. Environmental Protection AgencyCheryl Weston-Lead Sqfe Omaha Coalition

1. Voting Restrictions

Ms. Council stated that, as requested by the CAG, a lawyer was consulted to obtain alegal opinion on the matter of CAG voting restrictions and membership. Ms. Councilstated that Mr. Gary Gotsdiner, who assisted the Omaha Healthy Kids Alliance (OHKA)in filing for nonprofit incorporation, provided an opinion, which is reflected in the draft

OLS CAG MinutesApproved 12/12/07

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voting language provided in the CAG meeting packet. Ms. Council stated that she askedMr. Gotsdiner for simple language for a community group.

Ms. Council stated that when the CAG was originally formed, EPA guidance on CAGswas consulted. Ms. Council explained that the draft language for the vote follows what isset forth in EPA's guidelines.

The CAG reviewed the draft language.

Ms. Weston asked if it is proposed that EPA subcontractors not be voting members. Ms.Council replied that there has been a split of opinion about if there should be a distinctionbetween voting and non-voting members or not. Ms. Council stated that the group needsto decide. Dr. Pour stated that it seems that being a CAG member means that you are avoting member. Mr. Waldren stated that certain members do not vote, but that is theirindividual choice.

Dr. Pour stated that she would like the CAG to be inclusive. Dr. Pour stated that shewould like to talk about voting members and non-voting members. Ms. Council statedthat if a distinction is made between voting and non-voting members, guidance would beneeded to determine how a non-voting member could or could not participate indiscussions.

Ms. Weston stated that this vote will only affect the Lead Safe Omaha Coalition (LSOC).Ms. Weston stated that LSOC entered into a contract to provide personnel, making this anissue. Ms. Weston stated that if an organization has been allowed to participate on theCAG for years and has always disclosed contractual relationships, that organizationshould be allowed to be a voting member. Ms. Weston stated that the CAG should notexclude local community groups from participating as members. Ms. Weston stated thatit is insulting to remove a prominent organization from the CAG.

Ms. Council stated that she appreciated Ms. Weston's points. Ms. Council stated that theissue is whether or not an organization is being representative of the community. Ms.Council stated that other groups, such as the Latino Center of the Midlands, may soonface the same issue. Ms. Council reported that an individual present at the last CAGmeeting was concerned about a community organization being a CAG member, whenthat organization is performing remedy work at the Omaha Lead Site. Ms. Council statedthat the draft language addresses "remedy work."

Ms. Weston stated that she does not have a problem with other contractors orsubcontractors becoming voting members. Ms. Weston stated that if a contractor isprofessional, he/she can follow conflict of interest guidance, and disclose pertinentinformation. Ms. Weston stated that she has always disclosed the work that LSOCperforms.

Ms. Quaites-Ferris expressed a concern in opening membership to vendors at this point,knowing that vendors have been excluded from participation since the creation of the

OLS CAG MinutesApproved 12/12/07

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CAG. Ms. Barrientos-Patlan suggested defining members versus voting members. Ms.Thompson stated that CAG membership should be the same as it has been from the start.Ms. Thompson stated that contractors should be allowed to attend CAG meetings, but notto vote.

Dr. Pour suggested that time be allotted for anyone, member or not, to speak at the end ofeach agenda item and before a vote during meetings. Ms. Barrientos-Patlan noted thatEPA does not want contractors to speak for EPA. Ms. Council stated that that decisionwas EPA's, not the CAG's.

Ms. Weston stated that if the resolution passes, LSOC would not be a CAG member, butnothing would exclude Ms. Weston from participating as a citizen. CAG membersreplied that such participation would be a conflict of interest. Ms. Barrientos-Patlanstated that she was in a similar position at one time. Ms. Barrientos~patlan stated that shestepped down from the CAG, when she was working for an EPA subcontractor. Ms.Barrientos-Patlan explained that she knew she was in a conflict position, and because shewas receiving money, could not voice her opinion as a community leader. Ms. Westonstated that she could separate herself as a citizen on the CAG from her other role as asubcontractor for EPA.

Ms. Barrientos-Patlan stated the she received a phone call from a North Omahacommunity member regarding LSOC. Ms. Barrientos-Patlan stated that there iscommunity concern that because Ms. Weston is receiving money through LSOC'ssubcontract with EPA, Ms. Weston may not be able to stick up for the community, whenserving on the CAG. Ms. Barrientos-Patlan stated that she does not want to see Ms.Weston's integrity tarnished because ofher continued participation on the CAG. Ms.Weston stated that the individuals who contacted Ms. Barrientos-Patlan are notrepresenting the facts. Ms. Weston stated that it does not matter what others say becauseshe knows she has integrity. Ms. Weston stated that she stands up for her community.

Mr. Feild stated that most people on the CAG are receiving funding. Mr. Feild stated thathe does not understand the distinction between for-profit and other entities. Mr. Feildstated that every member of the CAG has potential conflicts and can recuse themselvesfor participating in discussion on certain items. Ms. Council stated that the issue is notthat simple. Ms. Council stated that the CAG needs to consider how it is viewed fromwithin and outside itself. Ms. Council stated that the CAG needs to be focused on theintegrity of the CAG.

Mr. Davis suggested that each CAG member provide a briefwritten description ofwhattheir associated organization is and what financial stake they may have in this project.Ms. Thompson stated that there is a difference between for-profit entities and other CAGmembers. Mr. Davis agreed that there is a large difference, but added that theinformation would still be useful.

Mr. Sanders suggested that a committee be formed to deal with the conflict of interestissue.

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Ms. Dillon suggested that there is a distinction between subcontractors perfonningremedial work and groups that provide a variety of services. Ms. Weston stated that thatis a good distinction. Ms. Weston asked if the distinction could be remedial action workversus non-remedial action work. Ms. Weston replied that such a distinction makessense. Mr. Feild stated that EPA makes its own distinction based on the source offunding, e.g. remedial action dollars versus other dollars.

Dr. Pour stated that it is important for the CAG to be a credible body in the eyes ofthecommunity. Dr. Pour asked if the perception is that CAG members have an unfairadvantage in obtaining jobs related to the Omaha Lead Site. Ms. Council replied that thatperception exists in the community. Dr. Pour asked how to address that perception. Ms.Council stated that the CAG has done a remarkable job of being representative of thecommunity. Ms. Council stated that, recently, she has been receiving calls to the contraryand is concerned. Ms. Council stated that the CAG is the community's organization, andthis issue needs to be addressed.

Ms. Rhoades motioned to approve the draft language with a revision to #5 to add thattime be allotted for anyone, member or not, to speak at the end of each agenda item andbefore a vote during meetings. Ms. Thompson seconded the motion. Ms. Todd clarifiedthat contractors hired by the City to perfonn Omaha Lead Site work would not bepennitted to be members. It was also clarified that if a non-profit entity becomes aremedy vendor, that entity would no longer be a CAG member. The motion wasunanimously passed (9-0).

2. Discussion on Miuutes from the October 10th Meeting

Ms. Council asked for corrections or additions to the draft CAG minutes from October10, 2007. Mr. Feild stated that "certificate of occupancy" should be deleted from theEPA Update discussion. Mr. Waldren motioned to approve the minutes with Mr. Feild'scorrection. Dr. Pour seconded the motion. The motion unanimously passed (9-0).

3. EPA Update

ContractingMr. Feild reported that the Request for Proposals to obtain access to properties was re­advertised. Mr. Feild stated that the second bid period closed last Friday, and proposalsare under review.

Dust SamplingMr. Feild reported that EPA is collecting data for the final Risk Assessment. The datawill be used to detennine a final cleanup level. Mr. Feild stated that the initial RiskAssessment indicated that a cleanup level should perhaps be set below 400 ppm. Mr.Feild stated that EPA is collecting soil, dust, and tap water at 120 homes. Mr. Feildreported that, thus far, EPA has collected this data at 70 of the 120 homes. Mr. Feildstated that the data will be used to generate a relationship between lead in soil and indoor

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dust. Ms. Council asked if a work plan is available. Mr. Feild replied that he wouldprovide a copy of the work plan to the CAG.

Sod MaintenanceMr. Feild reported that EPA is responsible for maintaining sod at a property for 30 days,not for 90 days. Mr. Feild stated that sod is more cost-effective than seed because sodrequires less watering than seed. Ms. Determan reminded Mr. Feild that CouncilmemberFrank Brown requested that EPA update the city council on the maintenance ofvacantproperties. Mr. Feild stated that he would update the city council.

Contractor TrucksMr. Feild reported that he reinforced to the contractors that truck beds must be covered atall times when hauling clean or contaminated soil. Mr. Feild stated that the U.S.Department of Transportation requires covering as well. Mr. Davis added that local andstate agencies also require the trucks to be covered.

Ms. Thompson asked what would happen if a complaint were made to EPA aboutuncovered trucks. Mr. Feild replied that he would contact the EPA person who overseesthat contractor. Ms. Thompson asked if those contractors could be fined. Mr. Feildstated that EPA would not fine the contractors, but other agencies may have the authorityto issue fines.

Ms. Thompson expressed concern that this is a reoccurring issue. Mr. Feild stated thatthe contractors have told EPA that they are covering their trucks. Ms. Council suggestedcontacting the Omaha Police Department to follow-up on applicable city ordinances.

Community Telecast ReportMr. Feild stated that EPA has been unable to find the final Community Telecast report.

Ms. Thompson noted that a budget was not included in the telecast work plan providedby EPA. Mr. Feild stated that he was initially unsure if that information could beprovided, but has confirmed with EPA's legal department that the budget information canbe released. Mr. Feild stated that he would provide the budget to the CAG.

Recontamination StudyMr. Feild reported that the recontamination study work plan is not yet available.

Omaha ZooMr. Feild stated that he has left multiple messages for the assistant director of the zoo andhas not heard back.

Ms. Barrientos-Patlan stated that the Gorilla Valley area that was sampled is a very smallportion of the zoo. Ms. Barrientos-Patlan stated that soil was brought into different areasof the zoo over time. Ms. Barrientos-Patlan stated that the CAG requested that the zoo betested, not just Gorilla Valley. Ms. Barriento~Patian stated that the zoo isa largeattraction and that she wants the children visiting the zoo to be safe. Mr. Feild stated that

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he would ask the zoo if they would be willing to have the zoo sampled. Mr. Davisexplained that the City owns the property and leases it to the zoo. Ms. Quaites-Ferrisasked if the whole zoo should be sampled or just bare areas. Ms. Barrientos-Patlan statedthat areas where children go should be sampled. The CAG agreed that areas wherechildren congregate (e.g., picnic areas) should be sampled.

OtherMr. Feild stated that EPA has not completed its contracting strategy for next year.

Ms. Barrientos-Patlan stated that the PM-lO air monitor was moved from the area of2Sth

and I Streets during construction ofI-80 and the Kennedy Freeway. Ms. Barrientos­Patlan stated that homes were located where the Kennedy Freeway is now. Ms.Barrientos-Patlan stated that she is concerned about lead in that area from the old homes.

Ms. Barrientos-Patlan stated that she is concerned that moving the monitor to theKennedy Freeway has left the community unprotected. Ms. Barrientos-Patlan asked ifEPA could recommend placing a monitor back in the community in a residential area.Dr. Pour stated that the monitor had to be moved and was relocated to a more"downtown-type" area, where more people are living. Ms. Council asked if the NebraskaDepartment of Environmental Quality could assist with this concern. Mr. Davis repliedthat the City of Omaha monitors air quality and could be contacted.

Mr. Feild stated that EPA may hold a media event to announce the completion of soilreplacements at 1,000 properties this year. Mr. Feild stated that any press releases wouldbe provided to the CAG.

4. Boys Town Grant

Ms. Gibson stated that Boys Town Pediatrics received a grant from EPA in August. Ms.Gibson stated that the grant provides funding to improve the quality ofpediatric carethrough small, incremental changes. Ms. Gibson stated that Boys Town Pediatrics haspartnered with the Douglas County Health Department to target three practices. Ms.Gibson stated that resources have provided for lead testing to be performed in-house atthe clinics. Ms. Gibson reported that since the lead testing has started to be performed in­house, Boys Town Pediatrics has screened more kids than all of last year. Ms. Gibsonstated that the grant is for two years and also includes lead testing of all Boys Townvillage children up to the age of 18. Ms. Gibson stated that the data collected at BoysTown village will be used to examine the role of lead in behavioral issues.

Dr. Pour asked ifBoys Town village properties have been tested for lead-based paint.Ms. Gibson stated that she did not know, but noted that the properties are well­maintained. Dr. Pour asked if there is an onsite daycare. Ms. Gibson replied that adaycare is not located onsite.

5. OHKA Update

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Ms. Thompson provided an update on OHKA activities. Ms. Thompson reported thatOHKA began running a television commercial during lead week, which will run for threemonths. Ms. Thompson reported that an Angie's List event was held in Omaha. Ms.Thompson stated that although the event did not draw the desired participation, it was agood opportunity for META trainers to interact with the Douglas County HealthDepartment. Ms. Thompson reported that several OHKA board members toured leadprograms in Grand Rapids, Michigan. Ms. Thompson stated that the board memberswere impressed with a program known as "Lighthouse," which is a nonprofitorganization that provides rehabilitation of housing, focusing on primary prevention. Ms.Thompson stated that OHKA would like to look into partnering with a similarorganization in Omaha. Ms. Council noted that the Douglas County Health Departmentis doing an excellent job in comparison to the health department at Grand Rapids. Ms.Council stated that the Douglas County Health Department provides case managementfor children with blood lead levels at or above 10 Jlg/dL, while GrandRapids providescase management at 20 Jlg/dL and above.

Housing CommitteeMs. Todd provided a report on the recent OHKA Housing Committee meeting. Ms.Todd stated that the committee talked with EPA in detail about access issues and the riskassessment data collection work. Ms. Todd stated that the committee also discussedinterim controls that may be selected for the final Record of Decision. Ms. Todd statedthat the committee is looking into lead-safe registries and is pursuing talking with theCity about providing lead notification requirements to remodelers that obtain permits.Ms. Todd stated that the next committee meeting will be in January.

Education CommitteeMr. Waldren reported on OHKA Education Committee activities. Mr. Waldren statedthat Ms. Todd assisted in facilitating lead-safe work practices training this month. Mr.Waldren stated that three of the trainees will provide future training sessions in Spanish.Mr. Waldren reported that Mr. Rick Reibstein trained realtors and spoke with Creightonlaw students last month. Mr. Waldren stated that evaluations of those sessions would beprovided to the CAG. Mr. Waldren stated that Mr. Reibstein received positive responses.Mr. Waldren stated that Mr. Reibstein also spoke with the newly-formed Continuum ofHousing Repair. Mr. Waldren stated that that group is now considering changing theirname to the Continuum of Healthy Housing. Mr. Waldren stated that the committee isworking with the UNO service-learning academy to develop projects for students relatedto lead. Mr. Waldren reported that Omaha's lead hotline continues to receive many calls.Mr. Waldren noted that the next Education Committee meeting will be on December 11,2007.

6. LSOC Update

No update.

7. City Update

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No update.

8. NDEQ Update

No update.

9. Other Agency Updates

None.

10. Grants Updates

None.

11. Questions and Answers

None.

OLS CAG MinutesApproved 12/12/07

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Handouts Provided for the Meeting (November 14,2007):

Draft CAG Meeting Minutesfrom 10/10/07

Draft Language for CAG Vote on Membership and Conflict ofInterest

Final CAG Meeting Minutesfrom 09/12/07

Douglas County Health Department EPA Region VII Grant Proposal (Provided by ReidSteinkraus)

Community Telecast Inc. and Lead Safe Omaha Coalition Work Plan (Provided by EPA)

Lead Safe Omaha Coalition Service Learning Project Report (Provided by CherylWeston)

Lead Screening Report, Henry Doorly Zoo (Provided by EPA)

City ofOmaha Lead Hazard Control Grantee Quarterly Progress Report (Provided byMarian Todd)

Institutional Controls (Provided by MFG, Inc.)

National Children's Study Information (Provided by MFG, Inc.)

Superfund Basic Research and Training Program Grant (Provided by MFG, Inc.)

Mentored Quantitative Research Development Award Grant (Provided by MFG, Inc.)

"Made in the US.A. " Stages a Comeback (Provided by MFG, Inc.)

Children Receive $2.5 Million in Record Lead Settlements (Provided by MFG, Inc.)

EPA Tests Inside Homes in Lead Cleanup Program (Provided by MFG, Inc.)

CPSC StafJStudy: Home Lead Test Kits Unreliable (Provided by MFG, Inc.)

Senator Clinton Introduces Legislation to Improve Government Response to LeadPoisoning (Provided by MFG, Inc.)

Senate Panel Approves Beeflng Up Safety Agency (Provided by MFG, Inc.)

For Many Kids, Lead Threat is Right in Their Own Homes (Provided by MFG, Inc.)

Disposal and Murky Issue in Recall ofLead-Tainted Items (Provided by MFG, Inc.)

EPA Honors 10 Exceptional EfJorts to Protect Children (Provided by MFG, Inc.)

A Poison Kiss: The Problem ofLead in Lipstick (Provided by MFG, Inc.)

National Primary Drinking Water Regulationsfor Lead and Copper (Provided by MFG,Inc.)

Review ofNational Ambient Air Quality Standards for Lead (Provided by MFG, Inc.)

Testingfor Lead in Consumer Itemsfor Children (Provided by MFG, Inc.)

Children's Environmental Health 2007 Highlights (Provided by MFG, Inc.)

News from CPSC, Recalls (Provided by MFG, Inc.)

OLS CAG MinutesApproved 12/12/07

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Omaha Lead SiteCommunity Advisory Group Meeting

November 14, 2007

2007 Excavation Progress (through 11/10/07)

• 2007 Prudent Technologies, Inc. (2007 EPA contract)• 400 properties excavated (+28)• 400 properties backfilled (+51)• 380 properties sodded (+106)

• 2007 Coastal Environmental Group, Inc. (2007 EPA contract)• 283 properties excavated (+67)• 280 properties backfilled (+66)• 270 properties sodded (+71)

• 2007 Environmental Chemical Corporation (U.S. Army Corps of Engineers)• 200 properties excavated (+17)• 200 properties backfilled (+35)• 200 properties sodded (+43)

• Total Site Progress to date:• 3,653 properties excavated (+206)• 3,609 properties backfilled (+205)• 3,513 properties sodded (+213)

Sampling Status

• 31,982 property sampling results received through October 8, 2007

Previous Years

• 257 properties excavated/restored by Corps of Engineers from 1999-2002• 32 properties excavated/restored by EPA in 2002• 112 properties excavated/restored by EPA in 2003• 2004 EPA/Corps totals: 310 properties excavated/restored, 309 properties sodded• 2005 EPA/Corps totals: 1060 properties excavated/backfilled/sodded• 2006 EPA/Corps totals: 1044 properties excavated/backfilled/sodded

- Plarmed Actions

•••

1,000 property soil remediation goal for 2007Complete soil remediation under interim Record of Decision in 2008Final Record of Decision planned for December 2008.

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PLEASE PRINT OLSCAGSign-In Sheet 11-14-07

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PlEASEPRINI OLSCAGSign-In Sheet 11-14-07

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Community Advisory Group (CAG)for the

Omaha Lead SiteMinutes for Meeting Held

Wednesday, December 12,2007,9:30 a.m.OPD Southeast Precinct2475 Deer Park Blvd.

Omaha, NE 68105

OLS CAG Members Present:Rebecca Barrientos-Patlan-Burlington Road Neighborhood AssociationBrenda Council-OLS CAG FacilitatorJim Dowding (Designee for Councilmembers Brown and Gernandt)-City Council StaffKara Eastman-Omaha Healthy Kids AllianceDr. Adi Pour-Douglas County Health DepartmentVicki Quaites-Ferris-City ofOmaha Mayor's Office (also designee for Marian Todd)Crystal Rhoades-Neighborhood Center for Greater OmahaVernon Waldren-University ofNebraska, Lincoln Extension

Others Present:Diana Acero-Douglas County Health DepartmentMary Castaneda-EPA Information OfficesJoel Christensen-MUDLelia Coyne-CitizenJeff Darlino-CitizenConnie Determan-MFG, Inc.Felisa Dillon- ASWAssociatesKrys Filipi-CitizenTiffany Frezell-EPA Information OfficesTina Gray-Lead Safe Omaha CoalitionLaura Hardesty-Cadmus GroupSteve Jackson-Office ofMinority HealthLouise Latimer-Senator Ben Nelson's OfficeStacy Meacham-MFG, Inc.Khari Muhanunad-Douglas County Health DepartmentJennifer Rawley-MFG, Inc.Che Thompson-Omaha Healthy Kids AllianceCheryl Weston-Lead Sqfe Omaha Coalition

1. Discussion on Minutes from the November 14th Meeting

Ms. Council stated that a quorum was not currently present to allow a vote, but asked forcorrections or additions to the draft CAG minutes from November 14,2007. Ms.Barrientos-Patlan stated that "an individual citizen" should read, "a community leader."

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Ms. Barrientos-Patlan stated that on page three, "Ms. Barrientos-Patlan stated the she hasreceived phone calls regarding LSOC" should read: "Ms. Barrientos-Patlan stated the shereceived a phone call from a North Omaha community member regarding LSOC."

Ms. Barrientos-Patlan stated that on page six, "Ms. Barrientos-Patlan stated that the PM­10 air monitor was moved from its location at the South Omaha Fire Department" shouldread: "Ms. Barrientos-Patlan stated that the PM-IO air monitor was moved from the areaof2Sth and I Streets during construction ofl-80 and the Kennedy Freeway. Ms.Barrientos-Patlan stated that homes were located where the Kennedy Freeway is now.Ms. Barrientos-Patlan stated that she is concerned about lead in that area from the oldhomes."

2. EPA Update

No update. (EPA representatives were absent.)

3. OHKA Update

Ms. Eastman provided an update on OHKA activities. Ms. Eastman stated that BoysTown Pediatrics is sponsoring OHKA's upcoming toy testing events. Ms. Eastman statedthat Omaha Public Schools has hired ATC to screen all of their toys, and all of BoysTown Pediatric clinic toys are being tested. Ms. Eastman stated that any questions aboutlead in toys can be referred to OHKA. Ms. Eastman stated that OHKA has beencommunicating with other groups dealing with lead in toys across the country, andOHKA will partner with a national group to distribute the information collected fromOHKA's toy testing events. Ms. Eastman stated that OHKA is also talking with theSalvation Army about their toys.

Ms. Eastman stated that OHKA is applying for an EPA education grant.

Ms. Eastman stated that OHKA is negotiating with ClearCorps for two volunteers.

Ms. Eastman stated that OHKA's commercial is running on television and is posted onyoutube.com. Ms. Eastman stated that other cities are looking at OHKA's commercial asa model.

Ms. Eastman stated that OHKA and Legal Aid ofNebraska applied for a grant to create amanual about lead for low-income housing. Ms. Eastman stated that the manual will becreated whether or not the grant is received.

Dr. Pour asked if OHKA is noticing patterns with the toys that are being tested for lead.Ms. Eastman replied that it is hard to make statements about patterns because even whenlooking at one toy, sometimes that toy will have lead and sometimes the same toy willnot. Ms. Eastman stated that sometimes only one color on a toy will have lead. Ms.Eastman added that information is not available on whether or not lead in plastic is anexposure risk.

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Dr. Pour asked ifOHKA is documenting information from the toy testing events. Ms.Thompson replied that OHKA is not taking pictures of the toys, but is collecting all data.Ms. Thompson stated that most people give toys that test positive to OHKA. Ms.Thompson stated that if there is manufacturer information on the toy, OHKA documentsit.

Dr. Pour asked if the U.S. Consumer Product Safety Commission (CPSC) is updatingrecall information based on OHKA community toy testing. Ms. Thompson replied thatshe does not know what the CPSC's protocol is for recalls.

Ms. Eastman stated that in a few instances OHKA or ATC has contacted a manufacturerabout a specific toy. Ms. Eastman stated that Nebraska could consider passing legislationto say that toys with lead cannot be sold in the State.

Dr. Pour complimented OHKA for getting involved in the toy issue. Ms. Thompsonthanked the Douglas County Health Department, UNL Extension, and their other partnersfor collaborating on this issue.

Education CommitteeMr. Waldren reported that the Education Committee meeting was cancelled due toweather.

Ms. Council commented that the surveys of law students about their knowledge aboutlead (provided in the meeting packet) demonstrate a need for education in thecommunity. Ms. Council stated that very few law students knew about lead preventionbefore Mr. Rick Reibstein's session, despite their high level of education. Ms. Councilstated that broader education is needed throughout the Omaha community. Dr. Pouradded that this underscores the need for additional funding for education.

Ms. Eastman stated that realtors did not realize how inexpensive it is to do lead-saferenovations. Ms. Eastman stated that data from these sessions can be used to educatepeople on what people do not know and need to know, rather than guessing whatmessages are needed.

Mr. Jackson suggested that OHKA contact the UNMC Center of Health Disparities. Mr.Jackson stated that this group is working to bring State leaders together sometime overduring the next few months. Ms. Eastman stated that she would follow-up on this idea.

4. LSOC Up<!ate

No update.

5. City Update

No update.

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6. NDEQ Update

No update.

7. Other Agency Updates

Dr. Pour introduced two new staff members: Diana Acero and Khari Muhammad.

8. Grants Updates

None.

9. Discussion on Minutes from the November 14th Meeting (Continued)

Ms. Rhoades motioned to approve the minutes with the corrections noted at the beginningof the meeting. Mr. Waldren seconded the motion. The motion was unanimouslyapproved (8-0).

10. Questions and Answers

Ms. Council stated that the CAG has been requesting information on EPA'srecontamination study and risk assessment for months. Ms. Council asked if the CAGwould like to consider formally requesting the information in writing. Ms. Rhoadesmotioned to send a written request to EPA for EPA to provide the information by theJanuary CAG meeting. Dr. Pour seconded the motion. The motion was unanimouslypassed (8-0).

Ms. Coyne stated that EPA's Clean Air Science Advisory Committee recommended thatair criteria for lead and other pollutants be made more stringent, but EPA's AdministratorJohnson is planning to recommend that the staff report be rejected and higher levels of airpollutants be allowed. Ms. Barrientos-Patlan asked if Dr. Pour was familiar with thisissue. Dr. Pour stated that she was not and would need more information to comment.Ms. Council asked Ms. Latimer to look into the issue. Ms. Latimer agreed to look intothe issue and follow-up with Ms. Coyne.

Ms. Thompson stated that EPA's Regional Administrator, John Askew wrote an editorialin the Omaha World-Herald. Ms. Thompson stated that Regional Administrator Askewstated that the greatest danger to kids from lead is soil. Ms. Thompson stated that she hasasked EPA to provide the data and scientific proof for this statement. Ms. Thompsonstated that Kathy Leinenkugel'sstudy found that 100% of children with lead poisoninglive in pre-1980 housing-housing which is likely to have lead-based paint. Ms.Thompson stated that information shows that children are affected by housing as a leadsource. Ms. Thompson stated that for Regional Administrator Askew to say that lead­based paint is not an issue in Omaha, when local studies say otherwise, is infuriating. Dr.Pour complimented Ms. Thompson for contacting EPA about Regional AdministratorAskew's statements.

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Ms. Rhoades stated that her neighborhood, at approximately 42nd and Center Streets, ismostly brick housing. Ms. Rhoades stated that, although her neighborhood is withinEPA's Superfund site boundaries, EPA has excluded this neighborhood from its program.Ms. Rhoades stated that EPA continues to claim that EPA is reducing blood lead levels,but the CAG knows EPA is lying and that there has not been a significant reduction inblood lead levels. Ms. Rhoades asked how to stop EPA, stating that she is willing tostand up about this issue. Ms. Rhoades stated that EPA is knowingly and willfullypoisoning children.

Ms. Weston stated that she disagreed with Ms. Rhoades. Ms. Weston stated that yards inMs. Rhoades neighborhood have been tested and remediated. Ms. Weston stated thatlead in older homes is a factor, but is only one factor. Ms. Weston stated that all sourcesoflead need to be addressed. Ms. Weston stated that the reduction inblood lead levels isdue to increased awareness, education, and the Superfund remediation. Ms. Westonadded that it is impossible to say there is one reason for a reduction in blood lead levels.Ms. Weston stated that Superfund's purpose is only to address lead in soil.

Dr. Pour stated that Douglas County data shows that the percentage of children withelevated blood lead levels has dramatically decreased. However, Dr. Pour clarified thatthe number of children screened has increased each year, which decreases the percentagebecause more children who are not poisoned are being tested. Dr. Pour stated that it istrue that the same decrease is being seen nationwide. Dr. Pour stated that the decreasecould be caused by many factors, including increased education, HUD's renovationprogram, and other reasons. Dr. Pour stated that EPA cannot say that the decrease isprimarily due to yard removals because such a statement is not based on data. Dr. Pourstated that EPA has not done the studies necessary to make such a determination.

Dr. Pour stated that Ms. Thompson's comments were correct. Dr. Pour stated that theDouglas County Health Department tries to determine the cause ofeach child's elevatedblood lead level. Dr. Pour stated that in 99% ofcases, the child lives in a home withlead-based paint hazards. Dr. Pour stated that that is the data and that EPA'sinterpretation of the data should be questioned.

Ms. Rhoades stated that EPA's interpretation of the data is a lie. Ms. Rhoades stated thatEPA is leading people to believe that everything is okay if their yard is remediated,putting families at risk. Ms. Rhoades stated that EPA is twisting the information in anunreasonable way, and it's not okay.

Ms. Thompson stated that no one is saying that soil isn't an issue because it is known thatthere are many sources of exposure to lead. Ms. Thompson stated that for EPA to saythat children are not being poisoned by lead-based paint is wrong. Ms. Thompson statedthat people will think this information is correct and that they do not have to worry aboutlead-based paint because an EPA authority figure made this statement. Ms. Thompsonadded that Regional Administrator Askew's statements could jeopardize Omaha's abilityto obtain funding for lead-based paint renovation.

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Ms. Barrientos-Patlan stated that she agreed with the concern about creating a false senseof security. Ms. Barrientos-Patlan stated that she has spoken with RegionalAdministrator Askew, and he seems to think that EPA is only in Omaha for soil and doesnot want to talk about paint. Ms. Barrientos-Patlan stated that the CAG needs to stressthat it wants our children to be protected.

Ms. Weston asked that the CAG give people credit. Ms. Weston stated that people arenot unintelligent. Ms. Weston stated that some of EPA's contractors provide informationabout other sources oflead, and the families understand. Ms. Weston stated that she istired of the community being made to seem that they carmot understand. Ms. Councilstated that no one commented on the intellect ofpeople living within the Superfund site.Ms. Council stated that even law students do not have the information. Ms. Councilstated that the CAG wants to ensure that all risks are being properly assessed andaddressed.

Ms. Council stated that EPA should have properly assessed risks before issuing anInterim Record of Decision. Ms. Council stated that EPA's initial risk assessment wasbased on dust, water, and soil data collected at less than 1% ofhomes in the Superfundsite. Ms. Council stated that questions about the initial risk assessment were raised bymany people in the community, including the NDEQ risk assessor herself. Ms. Councilstated that EPA is now at the point ofperforming the risk assessment again forpreparation of the Final Record of Decision. Ms. Council stated that the CAG needs tomake sure that risks are properly assessed and that opportunities to address all sources oflead are not lost.

Ms. Council thanked CAG members for their continued participation. Ms. Council statedthat increased awareness is a result of CAG efforts. Ms. Council applauded thatcommitment of CAG members. Ms. Council encouraged CAG members to stay focusedon keeping kids safe.

Ms. Barrientos-Patlan stated that she would like the CAG to write a letter requesting thereasoning for Regional Administrator Askew's comments. Ms. Thompson stated that sherequested this information from EPA. Ms. Council stated that Regional AdministratorAskew breached a gentleman's agreement with the OHKA board of directors to refrainfrom writing editorials and playing out discussions in the media. These comments byEPA were made in reference to EPA responding to Harold Andersen's columns, with theunderstanding that no one controls Harold Andersen. Ms, Thompson stated that everyoneagrees that funding is needed for a comprehensive plan, and Regional AdministratorAskew's comments hinder the community's plan. Ms. Barrientos-Patlan stated that she isvery concerned and that the CAG needs to respond. Ms. Council stated that a draft letterexpressing the CAG's concerns could be circulated for an electronic vote.

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Handouts Provided for the Meeting (December 12, 2007):

Drqft CAG Meeting Minutesfrom 11114107

Final CAG Meeting Minutesfrom 10110107

Membership Guidelines

City ofOmaha City Planner Position Announcement (Provided by Marian Todd)

Rick Reibstein Survey Results from Law Students (Provided by Connie Lowndes)

Rick Reibstein Survey Results from Continuum ofHousing Repair (Provided by ConnieLowndes)

Interpreting and Managing Blood Lead Levels <10 pgldL in Children (Provided byMFG, Inc.)

The Impact ofChildhood Lead Exposure on Crime (Provided by MFG, Inc.)

Blood Lead Concentrations Less than 10 Micrograms per Deciliter and ChildIntelligence at 6 Years ofAge (Provided by MFG, Inc.)

EPA May Clean Up Another 10,000 Omaha Yards in Second Phase (Provided by MFG,Inc.)

Lead Starts Doing Harm at Low Levels (Provided by MFG, Inc.)

Lead in Toys Sparks Lawsuit (Provided by MFG, Inc.)

Taking Lead Safety Into Its Own Hands (Provided by MFG, Inc.)

Toy Recalls Ruin Fun (Provided by MFG, Inc.)

New Worries over Lead (Provided by MFG, Inc.)

Bill Would Give State Power to Ban Bad Toys (Provided by MFG, Inc.)

Lead Poisoning: A Serious but Preventable Problem (Provided by Kara Eastman)

ABC Tests 100 Children's Products and Finds 10 with Lead (Provided by MFG, Inc.)

Groups Spread Word on Lead Risk (Provided by MFG, Inc.)

Congress Weighs Sweeping Overhaul ofConsumer Product Commission (Provided byMFG, Inc.)

Newsfrom CPSC-Recalls (Provided by MFG, Inc.)

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