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HomeMy WebLinkAboutMinutes 07/28/2004 5373 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington July 28, 2004 CALL TO ORDER- Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen (Time Keeper), E. Schilke (Time Keeper), S. Johns, S. Sperr, S. Roberds, and D. Lusby. Public Present: S. Van Dyken, D. Osborne, G. Birch, F. Wollen, J. Kailin, A. Dawson, M. & D. Reader, C. Greenway, C. McClain, L. Paup-Bymes & Children, E. Christian, J. Cardinal, E. Koehler, D. Leskinovitch, T. Ahlgren, S. Cummings, F. DeYoung, R. Casey, K. & C. Moffett, J. Gloor, C. Smith, E. Tuttle, J. Cammack, C. Whidden, M. Lincoln, E. Butch, V. Embree, G. Hinderer, C. Newman, M. Glenn, R. & A. Kennedy, M. Hostvedt, C. Kidd, and M. Harrington. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Community Development Director ALLEGIANCE: Collins. Appeal of Determination Appeal of Determination of Non-Significance - Fluoridation: Mayor Headrick advised of Non-Significance - those present that this meeting of the City Council is a quasi-judicial heating devoted Fluoridation exclusively to heating an appeal of a Determination of Non-Significance (DNS) issued by the Responsible SEPA Official for the City of Port Angeles in connection with a · . '. : proposal to fluoridate the City's municipal water supply. The appellant is represented by Mr. Gerald Steel, and the respondent is represented by Craig Knutson. The Mayor then asked the City Attorney to provide a brief explanation of the quasi- judicial hearing process, as well as the appearance of fairness and fair hearing rules that apply. Attorney Bloor provided the requested explanation. Mayor Headrick inquired of the Council as to whether any of the members had a conflict of interest or any reason under the Appearance of Fairness Doctrine, or any other reason, why they could not fairly and impartially hear and determine the cause. There were none stated. The Mayor then asked the attorneys for the appellant and for the respondent whether they had any objection to any Councilmember hearing and participating in the determination of appeal. Neither attorney raised any objection. The Mayor, Mr. Steel, and Mr. Knutson then discussed procedure for the hearing. All agreed that each side would have three hours to present its case. Opening statements -1- 5374 CITY COUNCIL SPECIAL MEETING July 28, 2004 Appeal of Determination would be included within the three-hour time limit, but closing argument would not. of Non-Significance - It was further agreed that the appellant has the burden of proof and would go first. All Fluoridation (Cont'd) of the appellants' witnesses would testify, and then all of the respondent's witnesses would testify. Then each side would have an opportunity to cross examine the others' witnesses. Each side would then have an opportunity to present rebuttal witnesses, and fmally the Council would have an opportunity to ask questions of any of the witnesses. Having agreed on those procedural issues, Mr. Steel provided the opening statement for the appellants. Mr. Knutson then made an opening statement on behalf of the respondent. Brief discussion followed concerning other procedural issues. Mayor Headrick advised that either party was free to file a brief at any time prior to the final decision being entered by the Council. However, the Council's deliberations and ultimate decision would not be delayed to wait for any briefs to be filed. After that, the appellant identified and offered three documents in addition to those documents that had previously been submitted and included in the record. The Mayor admitted the documents into the record but advised that respondent could review and respond to those documents at any time prior to final entry of the Council's decision. Mr. Steel then asked permission to have each of his witnesses summarize their testimony, a request that was granted by the Mayor. Then all witnesses were sworn. Mr. Steel then called his witnesses, as follows: Paul Lamoureux, Helen Sears, Barbara Wilson, Dr. Eloise Kailin, Barney Munger, Mary Meyer, Murv Sears, Jesse Wilson, Chris Byrnes, Barbara Wilson (second testimony), Christine Jacobson, and Jeff Green. The above witnesses, with the exception of Mr. Green, read into the record a summary of their testimony. Copies of their written statements were provided to the City Clerk for inclusion in the record. The appellant then rested its case. The City then began direct examination of its witnesses, as follows: Bard Collins, Molly Adolfson, Ann Root, Phil Martinez, Steve Sperr, Dr. Scott Kennedy, and Dr. Todd Irwin. HEARING r.~At 10:28 p.m., Mayor Headrick continued the hearing to 6:00 p.m. on Thursday, July CONTINUED: i 29X2004' Richard A. Headric-k, Mayor Becky J. Upt0~Cit~Clerk / -2-