There could be chemical contamination in the town’s groundwater if sewage from Vance Air Force Base flowed south to Hennessey, said Trustee David Jones.

He referred to manmade toxins called “Forever Chemicals” in firefighting foam used in gasoline, jet fuel fires and many household and other items (see lists below).

They are also dangerous to humans and animals.

“The town should be OK because of your reverse osmosis system in your water plant,” said Enid attorney John Wynne during the March 14 meeting.

Wynne’s resignation as the town’s longtime attorney, due to retirement, was accepted earlier in the meeting.

“If your teenage son scrapes the inside of your non-stick frying pan with a metal spatula then your family could be exposed to harmful PFAS substances,” Jones said during more discussion about those chemicals that are also found in groundwater and soil.

Then the board dealt with this out-of-left-field agenda item: “Enter into a contingency legal contract with Ussery & Levin Law Groups to collect for a PFAS (Forever Chemicals) damage to our water production system without any up-front cost.”

It’s a no-fee contingency legal contract “in case a civil suit is filed against the town,” said Wynne, who’d requested the agenda item and also provided the contract for the two Texas law groups.

“This is like free insurance,” Town Administrator Tiffany Tillman told trustees about the contract.

Contract Approval

The agreement states: “To assist public entities facing the challenges posed by contamination with PFAS…for the purpose of investigating and assessing potential claims arising out of the presence of contaminants in water supply wells affecting Client’s water systems and/or Client’s other property; and to provide for the terms and conditions for the representation of Client in a civil action that may be filed in the appropriate court and any proceeding by writ, or appeal.”

If the Ussery Law Group, LLP wins a suit, the firm will “receive 30-percent of/ from the Gross Recovery,” according to the 11-page contract.

“The worst that could happen is if another law firm comes along and will do it for 10 percent and you already have this contract,” said Wynne.

Trustees approved the contract in a 4-0 vote with Mayor Clif Vogt and trustees Bert Gritz, Jones and Randy Bohnstedt voting yes.

Absent from the meeting was Vice Mayor Harold Shaw.

PFAS Are Personal to Jones

Jones is a retired U.S. Air Force master sergeant with degrees in aircraft maintenance and aeronautical science, and had first-hand experience with chemicals which he shared during and after the meeting.

“We were at George Air Force Base in Victorville, Calif., from 1985-87,” Jones said. “My wife had a miscarriage while we were there. At that time there was no information concerning problems with the drinking water.

“After we left the base in 1987, information came out about the contaminations in the water.

“The base was closed and I’m not sure why,” he said. “After the closure, the State of California declared the base as a toxic zone and it was put on a federal list for prioritized federal cleanup.”

After he retired from the Air Force, Jones had a career in the Defense Department and wasn’t sure if the George base was ever cleaned up.

“Decades later the Department of Defense came out with data on the contamination at many of our military bases, including George Air Force Base,” he said. “They also put out a list of potential health problems these toxins can cause. Among this list were birth defects, miscarriages, several different cancers and several different neurological problems, among others.

“The list is long,” he said. “This made us think our miscarriage might have been toxin related.”