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HomeMy WebLinkAboutMinutes 09/07/2004 5404 CITY COUNCIL MEETING Port Angeles, Washington September 7, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR 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: Acting Manager Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, S. McLain, L. Kheriaty, and T. Pierce. Public Present: T. Ahlgren, P. Lamoureux, T. Lipman, E. Kailin, T. Hockett, M. Porter-Solberg, S. Chickman, I. Miller, W. Ritchie, B. Frederick, S. Long, D. Schanfald, and A. Quarto. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers. ALLEGIANCE: PUBLIC CEREMONIES, United Way Update Report & Presentations by Executive Director, Patty Hannah: PRESENTATIONS AND PROCLAMATIONS: Patty Hannah, United Way Executive Director, advised the Council that a six-month report had been submitted on City fimding for social and human services, and United Way Report and representatives of the various agencies were present this evening to provide information Presentations relative to what their agencies have accomplished with that funding. Submitting brief status reports were: Carla Abrams, Mt. Angeles Boys & Girls Club; Dan Maguire, YMCA; Laura Brogden, Peninsula Dispute Resolution Center; Nancy Martin, Lutheran Community Services at Mt. Angeles; Kathy Wahto, Serenity House; Julie Watkins, Peninsula Mental Health; Cherie Reeves-Sperr, Family Planning of Clallam County; and Tim Hockett, Olympic Community Action Programs. Ms. Hannah concluded by extending appreciation to the Council for the City's interest and support. Various Councilmembers also expressed their appreciation to the agency representatives for their service and commitment to the community. A round of applause followed. WORK SESSION: Presentation on Web Page and Click-2-Gov: Presentation on Web Page Finance Director Ziomkowski introduced Teresa Pierce, Web Page Designer, and and Click-2-Gov Linda Kheriaty, Finance System Specialist, who were present to discuss the newly designed Web Page and the intemet-basedpayments and solutions. Ms. Pierce opened the presentation by showing the Council different portions of the topic-based Web Page, which involves over 130 pages of City information. She summarized the LaserFiche feature, which is maintained by the City Clerk andwhich provides public records, such as Council minutes, Ordinances, and Resolutions. Ms. Kheriaty then described the Click-2-Gov feature of the Web Page, designed to accept payments for utilities and permits. Ms. Kheriaty showed the Council how a customer could access 5405 CITY COUNCIL MEETING September 7, 2004 WORK SESSION: their individual utility account information in a secure environment. The feature, which (Cont'd) is scheduled to launch in November, will be advertised via mailings with the utility bills. Director Ziomkowski added that advertisementswill also be found on Channel Presentation on Web Page 21, and a public kiosk will be placed on the front lobby so that customers can be and Click-2-Gov (Cont'd) instructed on how the system works. Ms. Kheriaty then explained the Permit Information Center, as well as the various facets of that feature. Itwas noted that the ad&ess for the new Web Page is www. cityofpa, us. Brief discussion followed, and the Council was appreciative of the effort involved in the planning and implementation of the Web Page design. Break Mayor Headrick recessed the meeting for a break at 7:05 p.m. The meeting reconvened at 7:20 p.m. PUBLIC HEARINGS - 1. Solid Waste Rate Adjustment, Preclosure: OTHER: Mayor Headrick re-opened the public hearing that had been continued from the last Solid Waste Rate Council meeting. Public Works & Utilities Director Cutler suggested that the Council Adjustment, Preclosure continue the public hearing, seek public input, and then select one of the Ordinances Ordinance No. 3167 for adoption. As a follow-up to discussion held at the last meeting, Director Cutler referenced previous studies that had been conducted on the possibility of garbage collection every other week. A study from 1998 that included different variations had been set aside due to the extension of the life of the landfill. It was also concluded that large savings would not be realized because of ongoing costs, such as capital, labor, and billing. Another study was conducted at the time the City was undergoing the conversion to 90- gallon containers. The conversion took longer than anticipated, and the City was then faced with planning for the transition to a transfer station. It was Director Curler's suggestion that the matter of changing collection schedules be deferred until after the transition has been completed. At the .same time, consideration can be given to the suggestion to consider collection alternatives. Councilmember Munro asked how the City could track the number of collections per customer per month, and Director Cutler indicated color coding on containers could be a possibility, plus he would want to check with other cities to learn of other options. Director Cutler then asked Power Systems Deputy Director McLain to ad&ess the rate structure being presented. Deputy Director McLain, with the use of overhead slides, explained the option initially provided to the Council, that being a 5% rate increase in 2005 and a 5% increase in 2006. Based on a suggestion from the last meeting, another Ordinance has been provided that would implement a 10% increase as of January 1, 2005. Medical insurance cost increases had been factored into the rates using an escalation factor of 18%, and the Council felt that a 20% escalation factor would be more accurate. Using that higher amount, the additional cost would be $3,300 for 2005 and $9,000 for 2006. Deputy Director McLain noted, however, that the latest information provided to the City indicated an escalation of less than 10%. The study on Solid Waste rates also included a City contribution to PERS at a level of 1.4%, and the Council asked for a higher contribution factor of 5 %, which would result in added costs of $6,600 for 2005 and $6,800 for 2006. The most recent information available to the City indicated a contribution of 2.5%. Deputy Director McLain then summarized for the Council the different rates that would be implemented based upon the option selected by the Council. He reiterated staff's recommendation to adopt rate increases of 5% on January 1, 2005, and 5% on January 1, 2006. Discussion followed, with Councilmembers suggesting other alternatives, such as ratcheting back to a one-time increase that would be revenue neutral. Director -2- CITY COUNCIL MEETING 5406 September 7, 2004 PUBLIC HEARINGS - Ziomkowski indicated that, overall, a 10% increase would be needed over the period OTHER: of two years, and Councilmember Pittis noted that 2006 involved capital expenditures. (Cont'd) A lower increase of 3.5% was also suggested, and Director Cutler was certain even more options could be given consideration; however, the option suggested to Council Solid Waste Rate was favored in order to smooth out the increase as much as possible. He added that the Adjustment, Preclosure Council has typically set rates for three years, but the City could only consider a two- Ordinance No. 3167 year increase at this time by virtue of the Landfill closure in 2006. Councilmember (Cont'd) Munro was concemed with keeping the rates down, and he favored setting an increase for only one year. He further suggested that the matter be revisited again in another year. Councilmember Braun agreed, suggesting that the initial increase be set at a level of 3%. Mayor Headrick then asked for public comment. Paul Lamoureux, 602 Whidby, sought clarification on the rate adjustments, and Director Curler further explained the rates based on what option is selected. Mr. Lamoureux felt that, no matter what option is selected, every effort should be made by the City to explain the increases to the public in a simple, concise, and understandable manner. There was no further public testimony. The Mayor closed the public hearing, and the Council again considered the options. Councilmember Erickson supported an increase of 5% each year, and Councilmember Pittis leaned toward the 10% one-time increase in view of upcoming capital needs. Councilmember Williams supported the notion of only one increase, but he wondered if another study would need to be done in a year. Director Cutler noted that the study cost approximately $15,000; it was very comprehensive and did involve a great deal of staff time. Councilmember Rogers indicated the Utility Advisory Committee had thoroughly studied the matter and had supported the 5% - 5% increase. She felt that past rate studies had provided a very accurate rate structure in meeting the needs identified, so she was confident this current study was accurate as well. Mayor Headrick read by title the Ordinance identified as Attachment A, implementing a 5% - 5% rate increase, as follows: ORDINANCE NO. 3167 AN ORDINANCE of the City of Port Angeles, Washington, revising The City's solid waste collection and disposal regulations and rates and amending Ordinance 2814, as amended, and Ordinances 3112 and 2790, as amended, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. Couneilmember Eriekson moved to adopt the Ordinance designated as "A' as read by title. Couneilmember Rogers seconded the motion. Mayor Headriek, and Couneilmembers Eriekson and Rogers voted in favor of the motion, and Couneilmembers Williams, Braun, Pittis, and Munro voted in opposition. The motion, therefore, failed. Councilmember Munro felt that another rate study would not need to be done, and he has seen many projects come in lower than expected. Therefore, Coun¢ilmember Munro moved to adopt a revised Ordinance providing for a Solid Waste Rate increase of 5% for 2005 and revisit an increase for 2006. Councilmember Williams seconded the motion. Councilmcmber Rogers mentioned the revetment wall project, and Councilmember Pittis noted full funding by the City was planned for that project. However, he felt a funding option could be the Public Works Trust Fund, which would reduce City expenses. A vote was taken on the motion, which carried by a majority vote, with Mayor Headrick and Councilmembers Erickson and -3- 5407 CITY COUNCIL MEETING September 7, 2004 Rogers voting in opposition. Consideration of Increases 2. Consideration of Increases to Downtown Parking and Business Improvement to Downtown Parking and Area (PBIA) Assessments: Business Improvement Area (PBIA) Assessments Acting Manager Bloor informedthe Councilthat the last increase to PBIA assessments Ordinance No. 3168 was in 1990. The Port Angeles Downtown Association has asked for an assessment increase, thus necessitating this public hearing. Once the public hearing has been closed, it is recommended that the Ordinance be adopted by Council. Mayor Headrick opened the public hearing at 7:55 p.m. Arla Holzschuh, Executive Director of the Port Angeles DowntownAssociation, 105 ~A East 1st, informed the Council that various meetings were conducted to consider the assessment increase, and no one spoke in opposition to the increase. Ms. Holzschuh reviewed the proposed increase over the next two years, and she directed the Council's attention to the fact that assessments would now be billed in quarterly installments. Previous annual payments were due April 1st, which is often a very slow time for downtown businesses. Ms. Holzschuh had distributed PADA information to the Council, and she reviewed some of its contents in terms of PBIA expenditures, communal type parking in the downtown, as well as the work plan that involves parking, economic restructuring, design, and promotion. Ms. Holzschuh reviewed in detail the new jobs created, as well as business and rehabilitation investment in Port Angeles during the period, October 1, 1997 - June 30, 2004, resulting in private investment of $14,061,000 and public investment of $ 5,681,000. Susan Riddle, Independent Insurance Services, 228 W. 1 st Street, indicated her business has increased through no thanks to the City or State. Ms. Riddle, who employs 22 people, felt the Port Angeles Downtown Association does nothing for her business except cost her money. The customers of Independent Insurance Services are out of town, and Ms. Riddle objected to the proposed PBIA assessment increase. She felt she should be exempt from the assessment because of not having local customers. Mayor Headrick asked for a response from Ms. Holzschuh, who approached the podium and explained she had met with Ms. Riddle to discuss her concerns. Understanding those concerns, Ms. Holzschuh indicated there are many businesses in the downtown that have nothing to do with the City; however, improvements made through the PBIA are hopefully beneficial to all businesses and residents in the community. Councilmember Williams asked if there are any exemptions in the PBIA, and Ms. Holzschuh explained that the originating Ordinance lists the businesses that are to be included. Acting Manager Bloor agreed, further explaining that State statutes set the methodology by which a PBIA is formed. Discussion followed concerning certain buildings in the downtown area that may not meet parking requirements and must, therefore, rely on the PBIA. Peter Ripley, 114 E. 6th, #102, asked Ms. Holzschuh how many manufacturing jobs have been created in the time period she referenced and, further, how much of the rate increase would go toward Gateway parking. Ms. Holzschuh responded the PBIA boundary does not include zoning for industrial purposes, and PBIA funds are not involved in the Gateway project. Responding to Councilmember Munro, Ms. Holzschuh further described the meetings held with members of the PBIA, noting a unanimous vote was received on the assessment increase. Discussion followed on whether assessments are paid by governmental entities, as well as the scaled down assessment for businesses able to -4- CITY COUNCIL MEETING 5408 September 7, 2004 Consideration of Increases meet parking requirements. to Downtown Parking and Business Improvement Mayor Headrick closed the public hearing at 8:25 p.m. and read the Ordinance by title, Area (PBIA) Assessments entitled Ordinance No. 3168 (Cont'd) ORDINANCE NO. 3168 AN ORDINANCE of the City of Port Angeles, Washington, amending Section 3 of Ordinance 2579 as amended by Ordinance 2458, relating to the Parking and Business Improvement Area. Councilmember Pittis moved to adopt the Ordinance as read by title. Councilmember Eriekson seconded the motion, which carried unanimously. Street Vacation - "K" 3. Street Vacation - "K" Street: STV 03-03 - Port of Port Angeles: Street - Port of Port Angeles Mayor Headrick opened the public hearing at 8:26 p.m. Community Development Director Collins advised the Council that staff is continuing to work on the legal description of the property proposed for vacation, and he described the area being considered for exchange with the Port. Councilmember Braun moved to continue the public hearing to the September 21, 2004, regular meeting. The motion was seconded by Couneilmember Rogers and carried unanimously. FINANCE: Oak Street Sewer Project: Oak Street Sewer Project Director Cutler summarized needed repairs to a sewer main along Oak Street between Railroad Avenue and Front Street in order to alleviate further damage that might result in a sanitary sewer spill. He noted that fimds were available in the budget and, in response to an inquiry from Councilmember Williams, he felt the repairs should eliminate minor contributions to the CSO's. Councilmember Braun moved to award the contract for Oak Street Sewer Repair, Project No. 04-03, to Kuchan Construction Co., Inc., and authorize the Mayor to sign the contract in the amount of $26,955.87. The motion was seconded by Councilmember Erickson. Councilmember Pittis mentioned the many activities scheduled in the downtown area this fall, and Director Cutler indicated the contractor would work Monday - Friday and would make provisions for traffic. A vote was taken on the motion, which carried unanimously. OTHER 1. Aquaculture Industrial Park Feasibility Analysis Presentation: CONSIDERATIONS: Acting Manager Bloor reviewed the application for a grant to conduct a feasibility Aquaculture Industrial study on an aquaculture project. The study was completed, and the purpose of the Park Feasibility Analysis discussion this evening is to close out the grant and acknowledge receipt of the report. Presentation Mr. Bloor stated this is not a public hearing, and no proposal is pending before the Council. Jim Haguewood, Executive Director of the Clallam County Economic Development Council, reviewed for the Council the industry clusters that were formed to identify possibilities for expansion. The Marine Services and Agriculture Industry Cluster Teams identified how growth in their industry could be influenced by the development of aquaculture programs and facilities. Present this evening to submit the report on the feasibility study was Bill Dettmer, President of Olympic Aqua Ventures. Mr. Dettmer, with the use of PowerPoint slides, provided an in-depth review of the study, discussing opportunity in terms of the need for an increase in seafood. He reviewed the increasing demand, how Port Angeles could benefit from that demand, and how there would be an expected increase in economic and social benefits. Mr. -5- 5409 CITY COUNCIL MEETING September 7, 2004 OTHER Dettmer described an MSBP, which is a Marine Seafood Business Park, and he CONSIDERATIONS: reviewed the components of the land and water based business, the outcome of which (Cont'd) would result in sales to domestic and international markets. He showed a map of the areas ideal for the hatcheries, as well as the proposed location for the business, which Aquaculture Industrial would be the portion of the Rayonier property west of Ennis Creek. He further Park Feasibility Analysis described the proposed involvement of Olympic Aquaventures, and the different types Presentation (Cont'd) of fish that could be raised for the market. Describing the process involved from beginning to end, Mr. Dettmer reviewed the projected economic impact and advised the Council that he is cooperating with the World Wildlife Federation. He informed the Council of the upcoming Pacific Aquaculture Caucus that is scheduled September 16, 2004, 9:00 a.m. - 4:30 p.m., at the Red Lion Hotel. Atthat time, discussions will be held on economic and biological environmental issues. Discussion ensued with Mr. Dettmer responding to questions posed by the Council. He addressed such matters as the location of the business, as well as potential financing for the project. Mr. Dettmer was thanked for the comprehensive presentation, and the report was accepted by the Council. Break Mayor Headrick recessed the meeting for a break at 9:17 p.m. The meeting reconvened at 9:30 p.m. Mid-Year Financial 2. Mid-Year Financial Report: Report Director Ziomkowski, using PowerPointslides, submitted a comprehensive mid-year review of the City's financial condition. She reported that the Annual Financial Report had been completed and submitted to the State Auditor's Office; it was determined to be fully compliant with GASB 34 for the second year. The Audit has been completed, and the City received a clean opinion with no findings. Director Ziomkowski reviewed highlights from 2003 as relates to governmental activity, as well as business activity. She also discussed a brief overview of the City's budget, noting that funds c armotbe co-mingled between the different fund types. Moving on to 2004, Director Ziomkowskiwas pleased to report that the General Fund is ahead of target with almost 51% of revenues collected and only 47% of appropriations expended. Property taxes are just above the budget estimates, and utility taxes are at a level of 6.2% higher than 2003 levels. With regard to sales tax, the City is ahead of budget with almost 51% collected, which represents a level 5% higher than last year at the same time much of which can be attributed to construction. Telephone taxes have also proven to be above expectations, as have licenses and permits. Intergovernmental revenues are 23% more than in 2003, fines and forfeitures are above estimate at 57% collected, and charges for services are exactly on target. Director Ziomkowskiindicated that interest revenue has been disappointing as a result of decreased investment earnings in the General Fund. In reviewing operating expenditures, Director Ziomkowski was pleased to report that jail costs are down and should save approximately $100,000 in the General Fund. The revenue evaluation indicates that receipts may be $300,000 more than budgeted, and expenses are estimated to be $150,000 below budget, so there should be a budgetary surplus of approximately $450,000. The current Financial Management Policy sets a minimum fund balance at 10% of General Fund expenditures, which is approximately $1.5 million. Further, the policy requires the City to designate budgetary surplus to capital projects. Director Ziomkowski indicated the reserves are currently at $2.4 million or 17%. She reviewed the outlook for the future, noting an average revenue growth of 3%, average operating expenses growth at 5%, and no projected increase in personnel for the years, 2006 - 2008. Director Ziornkowskithen reviewed such funds as the Street Fund and the Hotel/Motel Tax Fund, as well as governmental capital projects. She summarized the Utility Funds, -6- CITY COUNCIL MEETING 5410 September 7, 2004 Mid-Year Financial Internal Services Funds, Equipment Services Fund, Information Technology, and Self- Report (Cont'd) Insurance. Councilmember Pittis thanked Director Ziomkowski for the thorough memorandumin the packet, and the Council thanked her for the comprehensive report. Continue Meeting Past Councilmember Williams moved to continue the meeting past 10:00 p.m. The 10:00 p.m. motion was seconded by Councilmember Rogers and carried unanimously. RESOLUTIONS: Resolution Setting Public Hearing for October 5, 2004, to Surplus Property: Resolution Setting Public Mayor Headrick read the Resolution by title, entitled Hearing to Surplus Property RESOLUTION NO. 15-04 Resolution No. 15-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a proposal to surplus a parcel of property bounded by "K" Street, Marine Drive, and West 2nd Street and all contained within Block 132 of the Townsite of Port Angeles, Clallam County, Washington. Councilmember Williams moved to pass the Resolution as read by title. The motion was seconded by Councilmember Braun and carried unanimously. CONSENT AGENDA: Referencing the Findings, Conclusions, and Decision on the Appeal of the Final Determination of Non-Significance for the City of Port Angeles Municipal Water Fluoridation, Councilmember Erickson suggested that the word, benefits, be eliminated from Item No. 2, Findings of Fact. Acting Manager Bloor agreed. Councilmember Williams requested that the Findings & Conclusions be consideredseparate from the remaining items on the Consent Agenda. Therefore, Councilmember Erickson moved to accept the Consent Agenda, to include: 1.) City Council Minutes of August 17 regular Council meeting and August 24, 2004 special Council meeting; 2.) Expenditure Approval List - August 27, 2004 $1,223,217.67; 3.) Carnegie Library Revitalization, Project 97-08; 4.) Appointments to Lodging Tax Advisory Committee; and 5.) Interlocal Agreement between City of Port Angeles and Olympic Region Clean Air Agency (ORCAA). The motion was seconded by Councilmember Williams and carried unanimously. The Council then considered the Findings and Conclusions, and Councilmember Erickson moved to adopt the Findings of Fact and Conclusions of Law with the removal of the word, benefits, in Findings of Fact, Paragraph 2 and Conclusions of Law, Paragraph 4. Councilmember Munro seconded the motion. Councilmember Williams referenced Page 4, Line 22, ... every doctor and dentist in Port Angeles, and he queried as to whether that information is verifiable. After further discussion, it was agreed the language wouldbe changedto read,.., nearly every doctor and dentist. Councilmember Williams recalled that reconsideration oft prior decision must be introduced by someone who voted in favor of that decision. If any Councilmember who voted in favor of denying the appeal were to submit a motion for reconsideration, he would be willing to second the motion. Acting Manager Bloor opined that the motion pending before the Council would take precedence over a motionto reconsider. CounciimemberEriekson amended her motion to include the language, nearly every doctor and dentist in Port Angeles. Councilmember Munro, as seconder of the motion, agreed to the amendment. A vote was taken on the motion, which carried by a majority vote, with Councilmembers Williams and Pittis voting in opposition. Councilmember Williams reiterated his willingness to second a motion for reconsideration, should one of the Councilmembers submit such a motion. No such motion was offered. Councilmember Williams felt that this action may appear to be a triumph of a collaborative effort to improve dental healthcare in Port Angeles. -7- 5411 CITY COUNCIL MEETING September 7, 2004 CONSENT AGENDA: However, he felt it has been more of a textbook exercise of power politics. He took (Cont'd) exception to the process incorporated in approving fluoride, and he felt individual Councilmembers were lobbied to support fluoridation. When researching fluoride, he had been assured that pharmaceutical grade fluoride would be used, which now is not the case. Councilmember Williams continued by saying that the equipment to be purchased is a Dental Association grant, sinking $250,000 into a hurry up and do it facility downstream from the City's treatment facilities, and it will be scrapped only to have the taxpayers do it all over again when the dams come out. He felt the issue should have been voted on by the citizens or, at the least, a survey should have been conducted for the people drinking the water. He opposed the methods, and he expressed his disappointment. Councilmember Erickson objected to the commentaries, assuring Councilmember Williams that she had not been lobbied. She was originally prepared to require an EIS; however, she didn't feel the appellants provided a convincing argument that the SEPA was erroneous. LATE ITEMS TO BE Councilmember Erickson noted that the first Council meeting in November is Election PLACED ON THIS OR Day, and she asked that the meeting be moved to another date. Following due FUTURE AGENDAS: consideration, Councilmember Erickson moved to reschedule the November 2 City Council meeting to Monday, November 1, 2004. The motion was seconded by Councilmember Pittis and carried unanimously. Councilmember Williams referenced the recent watermain break, asking how the autodialer succeeded in notifying the public. Director Cutler responded that the Council would receive a comprehensive report on the water emergency at its first meeting in October. Paul Lamoureux, 602 Whidby, recognized the efforts of City staffduring the watermain break. He also advised the Council that he now approved of the method used in billing for stormwater charges. He asked for a report on the downspout disconnection, he noted that Parks Director Connelly had responded to his letter on the Cemetery, and he took exception to comments made by Councilmember Erickson at the last meeting with regard to whether certain individuals providing testimony on the fluoride appeal were or were not experts. Alfredo Quarto, 4872 Deer Park Road, addressed the Council on the Aquaculture Feasibility Study. He distributed copies of a document entitled, Nature's Subsidies to Shrimp and Salmon Farming, and he informed the Council he has been involved in aquaculture issues for twelve years. He indicated that aquaculture has often been purported to replace wild fisheries, when it has actually caused a further decline offish world wild. Mr. Quarto felt this plan for Port Angeles disguises the fact that it will be a large-scale experiment in public waters. People need to learn about aquaculture problems experienced by other nations that have ventured into this enterprise, and Mr. Quarto felt Mr. Dettmer is using public resources to fired his own profits. The plan, according to Mr. Quarto, is a gamble, and the long-termperspective is that it is still not a closed system. There is disease present, which hurts wild fisheries drastically. Mr. Quarto urged the Council to not "swallow this pill". Darlene Schanfald, Sequim, read a portion of the document just distributed by Mr. Quarto, and she referenced comments made by Mr. Dettmer regarding the Rayonier site. Ms. Schanfald felt that Rayonier has told the community that the property is being cleaned up, yet she indicated that Rayonier has no clue as to where the hot spots are located. Further, the studies have not been completed but, with the City's help, that process could be moved along. Ms. Schanfald felt that Mr. Dettmer has not been given accurate information. She continued by citing experiences in Scotland where polluted coves from fish farms exist. Also, Ms. Schanfald discussed the dangers in eating fish raised in this environment, and she urged the reading of the book, Pandora's Poison, writtenby Joe Thornton, University of Oregon. If the City Council chooses to proceed with this proposal, Ms. Schanfald asked that a public hearing be conducted. CITY COUNCIL MEETING 5412 September 7, 2004 CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Councilmember Williams asked for discussion at the next Council meeting with regard to the composition of the Port Angeles Forward Executive Committee. It was his hope that more Councilmembers could serve on the committee. EXECUTIVE SESSION: None. ADJOURNMENT: ~.~t~eeting was adjourned at 10:50 p.m. Richard A. Hea~ck,~l~yo~ - - Becl~y 1. Ul~tOtqZ~ty~erl~ - ' -9- Exhibit ".4 1 BEFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES 3 STATE OF WASHINGTON In the Matter of the Appeal of 6 PROTECT THE PENINSULA'S Findings, Conclusions, and Decision FUTURE, CLALLAM COUNTY ? CITIZENS FOR SAFE DRINKING WATER, BARNEY MUNGER, and 8 ELOISE KAILIN 9 Of the Final Determination of Non- Significance (DNS) for the City of Port 10 Angeles Municipal Water Fluoridation 13- 12 3_3 3_ 4 Having considered the evidence and the arguments of the parties submitted in this appeal, 3_ s the City Council of Port Angeles hereby makes and enters the Findings of Fact and Conclusions of 3_ 6 Law set forth below. 3_7 3_ 8 Findings of Fact :1_ 9 1. An environmental checklist was submitted by the City of Port Angeles Public Works and 20 Utilities Director for a proposal to fluoridate the City's water supply. The environmental checklist 21 was submitted in an effort to address citizen concerns regarding the environmental impact of the 22 project. 23 2. The environmental checklist was prepared by Adolfson Associates, an environmental 24 consulting firm with specific experience in the environmental impact analysis of fluoridation of 25 public water supplies. It contains a comprehensive review of the available information regarding 26 the effects of fluoridation, including references to numerous documents and studies. 27 I-FINDINGS, CONCLUSION & DECISION PORT ANGELES CITY ATTORNEY 2 8 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 54[4 ]. 3. Based on the environmental checklist and other information on file with the City, a 2 determination of non-significance (DNS) was issued by the City's SEPA Responsible Official. 3 4. The appellants in this matter filed a Notice of Appeal, challenging the DNS pursuant to 4 PAMC 15.04.280, WAC 197-11-680, and RCW 43.21C.075.. 5 5. The Notice of Appeal sets forth the appellants' specific reasons why they believe the DNS 6 was wrong. The specific allegations include the following: 7 A. Fluoridation of the City water supply will significantly affect the quality of the 8 environment. 9 B. The environmental checklist contains substantial misstatements and the SEPA record ]_ 0 fails to address many areas relating to the proposal's probable significant adverse environmental ~. ~_impacts. :1_ 2 C. The proposal was not properly defined by including alternatives that could achieve 13 the proposal's objectives with less environmental cost. ~_ 4 D. Because of scientific uncertainty, the environmental checklist should have indicated ]. 5 a worst case analysis and its likelihood of occurrence. 16 6. The hearing on this appeal of DNS was held over a two day period on July 28 and July 29, ~_ ? 2004 before the Port Angeles City Council. Both parties to this appeal submitted large volumes of ~_ 8 documents and presented testimony related to the issues raised by the appellants. ]_ 9 The Council heard testimony of the following witnesses for appellants: 2 0 A. Paul Lamoureux. 21 B. Helen Sears. 2 2 C. Barbara Wilson. 2 3 D. Dr. Eloise Kailin. 2 4 E. Barney Munger. 2 5 F. Mary Meyer. 2 6 G. Murven Sears. 27 2-FINDINGS, CONCLUSION & DECISION PORT ANGELES CITY ATTORNEY 2 8 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 54 iL H. Jesse Wilson. 2 I. Chris Byrnes. 3 J. Christine Jacobson. 4 K. Jeff Green. S The Council heard testimony of the following witnesses for the City: 6 A. Brad Collins, FAICP, City of Port Angeles Community Development Director. 7 B. Molly Adolfson, president Adolfson & Associates, environmental planning firm. 8 C. Ann Root, PhD, environmental consultant with Adolfson & Associates. 9 D. Phil Martinez, PE, engineer with CH2M Hill. 10 E. Steve Sperr, PE, City of Port Angeles Engineering Manager. 11 F. Dr. Scott Kennedy, Chief Medical Officer at Olympic Medical Center. 12 G. Dr. Todd Irwin, DMD, Port Angeles dentist. 13 H. Dr. Steve Chapman, Port Angeles physician. 14 I. Rick Pleus, PhD, toxicologist and Director of Intertox. :1_ 5 J. Dr. Tom Locke, Clallam County Health Officer. ~_ 6 7. Exhibits, including documents and written testimony, presented before the hearing are 17 identified on Exhibit A-l, which is attached hereto and incorporated by reference. Exhibits :1_ 8presented during the hearing on July 28, 2004 are identified on Exhibit A-2, which is attached hereto iL 9 and incorporated by reference. The exhibits presented at the hearing on July 29, 2004 are identified 2 0 on Exhibit A-3, which is attached hereto and incorporated by reference. 2:1_ 8. The appellants failed to provide evidence of a factual basis to establish that appellants have 2 2 standing in this matter. 2 3 9. The City Council finds that the documents and testimony submitted in favor of the 2 4 fluoridation proposal were more credible and reliable than the documents and testimony submitted 25 by the appellants. The Council also finds that the City's witnesses had far more expertise in the 2 6 subjects they testified to than the appellants' witnesses. 27 3-FINDINGS, CONCLUSION & DECISION PORT ANGELES CITY ATTORNEY 2 8 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 5,116 :1_ 10. Fluoridation of drinking water is expressly authorized by the regulations of the Washington 2 State Department of Health, provided that the fluoridation facility is operated and maintained within 3 the parameters set by the Department in WAC 246-290-460. The uncontroverted testimony of the 4 City's engineers is that the Port Angeles proposal will meet those parameters. 5 11. Some documents and testimony presented in this appeal suggest that there is some 6 uncertainty regarding possible negative environmental effects of fluoridation. The City Council ? finds that this uncertainty is not substantial and that there is no necessary or vital information that 8 is lacking from the environmental record in this matter. 9 12. The appellants allege that fluoridation using fluorosilicic acid will cause various health 10 related effects, including dental fluorosis, hypersensitivity, bone fractures and skeletal fluorosis, :1_ :1_ cancer, excessive total exposure to fluoride, kidney disorders, lead toxicity, and neurological effects. 1_2 Contrary to the appellants' allegations, the overwhelming consensus of the research commission 1_ 3 reviews and prominent health professionals and health organizations in the United States and the 14 rest of the world is that fluoridation of public water supplies is a safe and effective public health ~_ 5 measure. The research commission reviews include the 1993 National Research Council report, the :1_ 6 1999 Ontario Ministry of Health report, the 2000 York Review, the 2001 Center for Disease Control 17 Recommendations, and the 2002 Irish Forum, all of which based their conclusions that fluoridation :1_ 8 is safe and effective on the limited number of fluoridation studies that are scientifically reliable. The 19 prominent national and local health professionals and health organizations include the Surgeon 2 0 General of the United States, the American Medical Association, the American Dental Association, 21 the Clallam County Board of Health and Health Officer, the Chief Medical Officer of the Olympic 2 2 Medical Center, and nearly every doctor and dentist in Port Angeles. 23 13. The City Council finds that, based on uncontroverted evidence from health and 2 4 medical/dental authorities in Port Angeles, there is currently no dental fluorosis problem in Port 2 5 Angeles, and there will be no significant dental fluorosis impact from fluoridating the City's water 2 6 supply. The dental health of Port Angeles, children in particular, is substandard compared to the rest 27 4-FINDINGS, CONCLUSION & DEC1SION PORT ANGELES CITY ATTORNEY 2 8 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 5417 of the state and county, and dental caries are epidemic, while mild dental fluorosis is not a disease and is not an adverse health effect. Community water fluoridation is regulated at an optimum level that provides the most effective way of applying fluoride to prevent tooth decay while at the same time minimizing the risk of fluorosis, which risk is much greater from other preventive measures such as fluoride toothpaste, mouth rinses, and supplements. Even the minor increase in the risk of dental fluorosis from CWF would only result in opaque or white discolorations, which would usually not even be discernible to the untrained eye. 14. Fluorosilicic Acid (FSA) has less risks to water treatment plant workers than other fluoridation methods and less risks to the public of overexposure from swallowing toothpaste and drops, and, therefore, mitigates even the improbable and insignificant impacts related to health concerns. FSA disassociates completely, making it safe and similar to naturally fluoridated water in its health effects. ANSI/NSF Standard 60 certification, which is required by the Washington Department of Health in WAC 246-290-220, provides safety against other substances in FSA even approaching the Environmental Protection Agency's maximum contamination levels (MCLs) in the drinking water to which FSA is added. 15. The appellants' allegations that there will be significantly increased corrosion in the City's water system due to fluoridation are incorrect, because corrosion due to slightly decreased pH would likely be very minor if it were to occur and in any event would not cause unmitigable adverse impacts. Corrosion problems, if any, will be mitigated by covering reservoirs and by the new water treatment facilities planned for the City's water supply. Any decreases in pH, which are expected to be minor, if measurable, will be temporary only, and the permanent treatment plant will adjust pH to eliminate any corrosion problems. 16. As with many scientific issues, there are studies indicating some uncertainty regarding possible negative effects of fluoridation. However, this uncertainty is not substantial and there is no necessary or vital information that is lacking from the environmental record in this matter. 5-FINDINGS, CONCLUSION & DECIS1ON PORT ANGELES CITY ATTORNEY 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 5418 17. The appellants' allegations that fluoridation will cause significant impacts to marine, surface, and ground waters are incorrect, because the amount of fluoride and other substances that will enter these waters from runoff either will be less concentrated than what is in those waters naturally or will be insignificant amounts that will not adversely affect the waters or their associated biota. 18. Contrary to the allegations in the Notice of Appeal, the environmental checklist does refer to possible alternatives to fluoridating the City's water supply. The alternative Xylitol provides some benefits in preventing dental caries but is more costly, more difficult to effectively distribute, is not appropriate for young children to chew, and is not a substitute for routine and frequent daily low dosages of fluoride provided by community water fluoridation (CWF). The environmental checklist properly concludes that fluoridation is the most efficient and cost effective, yet safe, way to prevent tooth decay throughout the City of Port Angeles. 19. The effectiveness of fluoride is legally irrelevant, because under WAC 197-11-340 the test for issuing a DNS is whether there are probable significant adverse impacts that need to be addressed in an EIS. Although appellants' attorney conceded that the effectiveness of fluoridation is not an issue in this proceeding, the appellants produced much documentation and testimony regarding their allegation that CWF is ineffective in preventing tooth decay. Based on the more credible evidence produced by the City, the overwhelming evidence is that fluoridation continues to be the most cost effective method of preventing tooth decay. CWF is the only method of artificially applying fluoride in small, continuous amounts, which is the way fluoride works best and most naturally in the human body. Conclusions of Law 1. Legality of Fluoridation. As a widespread public health measure that has been in use throughout our state and country for six decades, fluoridation of public water supplies is legal under the constitutions, laws, and court decisions of the State of Washington and the United States of America. Fluoridation of public water supplies is specifically authorized by the Washington State 6-FINDINGS, CONCLUSION & DECISION PORT ANGELES CITY ATTORNEY 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 5419 1 Department of Health at the concentration range of.8 to 1.3 mg/L (WAC 246-290-460). 2 2. Categorical Exemption under SEPA. As argued in the City's Hearing Brief and as 3 documented in the written testimony of the City's SEPA Responsible Official, fluoridation of public 4 water supplies is categorically exempt from threshold determination and environmental impact 5 statement (EIS) requirements under the State Environmental Policy Act, Chapter 43.21C RCW, 6 (SEPA) and the implementing guidelines of the Department of Ecology, WAC 197-11-800(24)(b) 7 and (1)(b)(iii). 8 3. Standing. In order to have standing to appeal a SEPA threshold determination, 9 appellants must establish a factual basis demonstrating that they are within the zone of interests 10 SEPA is intended to protect. Since appellants failed to establish such a factual basis, they lack 11 standing to pursue this appeal. 11_2 4. Environmental Checklist. Although fluoridation of public water supplies is 13 categorically exempt from SEPA, the possible adverse impacts of the Port Angeles fluoridation 14 proposal were addressed in an environmental checklist. The environmental checklist contains a :1_ 5comprehensive review of the available information regarding the effects of fluoridation, is more than 16 "reasonably sufficient", and meets the requirements of WAC 197-11-315, 330, and 960. 17 5. DNS. The DNS for the Port Angeles fluoridation proposal validly concludes that 18 fluoridating the City's water supply will not have a probable significant adverse impact on the 19 environment and that an EIS is not required under RCW 43.21 C.030(2). Stated differently, the City 2 0 Council concludes that there is not a reasonable probability that fluoridating the Port Angeles water 2:1_ supply will cause more than a moderate adverse effect on the environment. 2 2 6. Responsible Official's Decision. Under RCW 43.21 C.090, the determination of non- 2 3 significance (DNS) by the City's Responsible Official shall be accorded substantial weight. 2 4 7. Legal Standard. The test the Council must apply in this appeal is whether the City's 2 5 SEPA Responsible Official was clearly erroneous in his decision to issue the DNS. The appellants 2 6 failed to meet their burden of proving that the DNS is clearly erroneous. 27 7-FINDINGS, CONCLUSION & DECIS1ON PORT ANGELES CITY ATTORNEY 2 8 321 East Fifth Street / PO Box 1 150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA #4084 Dennis C. Dickson, WSBA # 17652 54 0 1 8. Alternatives. Although the City Council has found that altematives were addressed 2 in the SEPA record, there is no legal requirement that alternatives be addressed in the environmental 3 checklist or as part of the threshold determination process. Rather, SEPA and the SEPA guidelines 4 only require that alternatives be addressed in an EIS. RCW 43.21 C.031 (1), WAC 197-11-440(5) 5 and 960. 6 9. Worst Case Analysis. Because the City Council has found that there is no substantial 7 scientific uncertainty regarding the effects of the fluoridation proposal, the appellants' assertion that 8 WAC 197-11-080 requires a worst case analysis is incorrect. 9 10. Liabili _ty and civil rights violations. The appellants' allegations of liability and civil 10 rights violations are invalid for two reasons. First, under the public duty doctrine in this state and q :1.under federal court decisions, there are no legal liability or civil rights violations associated with the 12 City's fluoridation of its water supply. Second and more relevant to this SEPA appeal, the adverse 13 financial and legal concems raised by appellants are not within the zone of interests, i.e. :1.4 environmental impacts, that SEPA protects. WAC 197-11-450. 15 16 Decision. ~_ 7 Based on the above stated Findings of Fact and Conclusions of Law, the City Council of Port :1. 8Angeles hereby determines that the fluoridation proposal is categorically exempt from SEPA, that 19 the appellants have failed to establish standing, that the DNS is factually and legally valid, and that 2 0 the environmental record in this matter provides an informed basis for the City to proceed with 21 fluoridating its water supply. The appeal of the DNS is denied. 22 DATED this "'/t:~day of September, 20() ~c~~~~ 23 24 ' '~k, Mayor ' 25 G:XLegal_Backup~FLUORI DATIONXfluoridation findings. Drafi#4.wpd 2 6 August 31, 2004 27 8-FINDINGS, CONCLUSION & DECISION PORT ANGELES CITY ATTORNEY 2 ~3 321 East Fifth Street / PO Box 1150 Port Angeles, WA 98362-0217 Phone: 360-417-4530 * Fax: 360-417-4529 William E. Bloor, WSBA//4084 Dennis C. Dickson, WSBA it 17652 5421 BEFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES STATE OF WASHINGTON In the Matter of the Appeal of: ) ) PROTECT THE PENINSULA'S FUTURE, ) EXHIBIT A-1 CLALLAM COUNTY CITIZENS FOR SAFE ) DRINKING WATER, BARNEY MUNGER, and ) ELOISE KAILIN, ) ) Of the Final Determination of ) Non-Significance (DNS) for the ) City of Port Angeles Municipal ) Water Fluoridation ) Exhibits Submitted to the City Council and City Clerk for the Appeal Record Prior to the Hearing on July 28-29, 2004 Exhibit Document Submitted By A Environmental Checklist and References Respondent B Supplemental References Respondent C Fluoridation Witness Testimony Respondent D CCCSDW, Testimony References, December 17, Appellants 2003 (Pages 1-1213) E PPF, Testimony References, December 17, 2003, Appellants (Pages K-1 - K-386) F PPF & Eloise Kailin, Appendix A, Annotated Appellants References to Testimony, Rec'd June 1, 2004 (Pages 1 - 11) G Book II, References for the Testimony, Presented Appellants June 1, 2004 H CCCSDW & PPF, Written Testimony, July 28 - 29, Appellants 2004 (Pages T1 - T223) I CCCSDW, Section #18, Jeff Green: Written Appellants Testimony, July 28 - 29, 2004 (Pages T224 - T402) 5422 BEFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES STATE OF WASHINGTON In the Matter of the Appeal of: ) ) PROTECT THE PENINSULA'S FUTURE, ) EXHIBIT A-2 CLALLAM COUNTY CITIZENS FOR SAFE ) DRINKING WATER, BARNEY MUNGER, and ) ELOISE KAILIN, ) ) Of the Final Determination of ) Non-Significance (DNS) for the ) City of Port Angeles Municipal ) Water Fluoridation ) Exhibits Submitted to the City Clerk for the Appeal Record July 28, 2004 Exhibit. Document Submitted By A Fluoridation Damages Water Systems, Harvey Appellant Counsel, Petraborg, M.D., Author Gerald Steel B Smile Survey 2000, Washington State Department Appellant Counsel, of Health, Maternal and Child Health, May 2001 Gerald Steel C Fate of Fluorosilicate Drinking Water Additives, Appellant Counsel, Edward Todd Urbansky, Author Gerald Steel D Coplan Comments July 28, 2003 Appellant Counsel, Gerald Steel E Book IV: Addendum to Testimony References Appellant Counsel, for the Port Angeles City Council, July 28-29, Gerald Steel 2004, Appeal of a DNS, CCCSDW F The Fluoride Deception, Christopher Bryson, Appellant Counsel, Author Gerald Steel G E-mail of July 27, 2004, from Gerald Steel Appellant Counsel, to Craig Knutson, re. SAFE - Heating Format Gerald Steel H City's Hearing Brief, July 28, 2004 Respondent Counsel, Craig Knutson 5423 Exhibits Submitted to the City Clerk for the Appeal Record July 28, 2004 Page Two Exhibit Document Submitted By I Photocopies of PowerPoint Slides Respondent Counsel, Craig Knutson J Photocopies of PowerPoint Slides Respondent Counsel, Craig Knutson K Photocopies of PowerPoint Slides Respondent Counsel, Craig Knutson L Photocopies of PowerPoint Slides Respondent Counsel, Craig Knutson M Testimony Submitted to City Council Appellant Witness, Paul Lamoureux N Testimony Submitted to City Council Appellant Witness, Helen Sears O Testimony Submitted to City Council Appellant Witness, Barbara Wilson P Testimony Submitted to City Council Appellant Witness, Eloise Kailin Q Memorandum of July 26, 2004, to Appellant Witness, Port Angeles City Council from Eloise Kailin Commissioners of PUD No. 1 of Clallam County R Testimony Submitted to City Council Appellant Witness, Barney Munger S Testimony Submitted to City Council Appellant Witness, Mary Meyer T Testimony Submitted to City Council Appellant Witness, Murv Sears U Testimony Submitted to City Council Appellant Witness, Jesse Wilson 5424 Exhibits Submitted to the City Clerk for the Appeal Record July 28, 2004 Page Three Exhibit Document Submitted By V Testimony Submitted to City Council Appellant Witness, Chris Byrnes W Testimony Submitted to City Council Appellant Witness, Barbara Wilson X Testimony Submitted to City Council Appellant Witness, Christine Jacobson Y Notes of Testimony Submitted to City Council Respondent Witness, Molly Adolfson 5425 BEFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES STATE OF WASHINGTON In the Matter of the Appeal of: ) ) PROTECT THE PENINSULA'S FUTURE, ) EXHIBIT A-3 CLALLAM COUNTY CITIZENS FOR SAFE ) DRINKING WATER, BARNEY MUNGER, and ) ELOISE KAILIN, ) ) Of the Final Determination of ) Non-Significance (DNS) for the ) City of Port Angeles Municipal ) Water Fluoridation ) Exhibits Submitted to the City Clerk for the Appeal Record July 29, 2004 Exhibit Document Submitted By A Health Professions Quality Assurance Action Respondent Counsel, Report #00-07-A-1067 DE, Washington State Craig Knutson Department of Health, Date as of 7/28/2004 B Fate of Fluorosilicate Drinking Water Additives, Respondent Counsel, Edward Todd Urbansky, Author Craig Knutson C Bilateral Compliance Agreement between Appellant Counsel, Washington State Department of Health and Gerald Steel City of Port Angeles, For Covering of Uncovered Finished Water Supply Reservoirs and Installation of Corrosion Control, Docket # 72207 Memorandum of July 26, 2004, to Port Angeles City Council from Commissioners of PUD No. 1 of Clallam County Table 2, Page 3, Advantages and Disadvantages of Fluoride Feed Systems, City of Sacramento, April 1, 1999 Page 40, City of Port Angeles Municipal Water Fluoridation, March 2004