HomeMy WebLinkAboutAgenda Packet 07/28/2004 pORTA.NGELES CITY COUNCIL SPECIAL MEETING
WASHINGTON, U.S.A.
July 28, 2004
I. CALL TO ORDER - REGULAR MEETING:
II. ROLL CALL:
Members Present:
Mayor Headrick
Councilmember Braun
Councilmember Erickson
Councilmember Munro
Councilmember Pittis
Councilmember Rogers
Councilmember Williams
Staff Present:
Manager Quinn
Attorney Bloor
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T. Riepe
Y. Ziomkowski
III. PLEDGE OF ALLEGIANCE:
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: July 28, 2004
LOCATION: City Council Chambers
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: July 28, 2004
LOCATION: City_ Council Chambers
INDEX OF WITNESSES
1. Brad Collins, FAICP: City's SEPA Responsible Official
2. Molly Adolfson/Ama Root, PhD: Environmental Consultants
3. Phil Martinez, PE: Engineer, CH2M Hill
4. Steve Sperr, PE: City's Engineering Manager
5. Scott Kennedy, MD: Olympic Medical Center, Chief Medical Officer
6. Todd Im'in,DMD: Port Angeles dentist
7. Steve Chapman, MD: Port Angeles physician
8. Richard C. Pleus, PhD: expert toxicologist
9. Tom Locke, MD: Clallam County Health Officer
G:~Legat_Backup'O'LU ORI D^'I'ION~WI TNESSES\tist o fwitnesses,wpd
Table of Contents
Written Testimony for the Port Angeles City Council
July 28-29, 2004 Appeal of a DNS
JUL - 2 2004
;ITC OF PORT ANGELES
1, Testimony of Eloise Kailin, MD Appellant CITY CLERK
A. Written Testimony
B. Exhibits-
(1} Eloise Kailin, MD - Background Statement
(2) PUD No. 1 of Clallam County, Water System Plan,
September 2003
(3) Peninsula Daily News article from The. Associated Press, "70
Seattle schools to get bottled water",
Friday, December 19, 2003
2. Testimony of Protect The Peninsula's Future
A. Written Testimony
B. Exhibits
(1) Eloise Kailin, M.D. - Background Statement
(2) Fluoridation is Dangerous to Health, articles from The Journal of
the American Medical Association, 1943 and The American Dental
Association, 1944
(3) Bette Hileman, "Fluoridation of water," Chemical and Engineering
News, August 1, 1988
(4)-(5) omitted
(6) Hon.Walter S. Baring (Nevada), Extension of Remarks, In the
House of Representatives, September 27, 1961
(7) Phyllis J. Mullenix, Ph. D., Letter to Dr. Irwin Kash,
June 17, 1999
(8) omitted
(9) RCW State of Washington
3. My research confirms conventional wisdom and common sense that
there is the likelihood of failures in the fluoridation facility infrastructure
that will result in significant adverse environmental impacts.
A. Written Testimony
B. Exhibits
(1) Paul Lamoreux - Background Statement
4. In my opinion, based on research I have done, because the mechanism
of action of fluoride on dental caries is topical, and the dental benefits
from systemic ingestion are minimal at best, the fluoridation of Port
Angeles Municipal Water System is misdirected.
A. Written Testimony
B. Exhibits
(1) Helen Sears - Background Statement
(2) Excerpts from Review of Fluorides, Benefits and Rislcs, Public
Health Service, Feb. 1991
(3) Fejerskov O, et al., "Rational use of fluorides in caries prevention.
A concept based on possible cariostatic mechanisms.", Acta
OdontoI Scan&, 1981; (4):241-9 (Abstract)
(4) Martens LC, Verbeeck RM. "Mechanism of action of fluorides in
local/topical aPplication,'' Rev Belge Med Dent 1998;53(1):295-
308 lAbstract)
(5) Shellis RP, Dickworth RM, "Studies on the cariostatic mechanism
of fluoride." Iht Dent J., 1994,Jun;44(3 Suppl 1):263-73 (Abstract)
(6) ten Cate JM, "Saliva, a physiological medium." Ned Tijdschr
Tattdheelkd. 1992 Mar;99(3):82-4 (Abstract)
(7) Rosin-Grget K, Lincir I, "Current concept on the anticaries
fluoride mechanism of the action" Coil Antropol, Dec;25(2):703-12
(Abstract)
(8) Limeback H, "A re-examination of the pre-eruptive and post-
eruptive mechanism of the anti-caries effects of fluoride: is there
any anti-caries benefit from swallowing fluoride?" Community
Dent Oral EpidemioL 1999 Feb;27(1):62-71
5. It is my opinion, based on my research, that a significant adverse
environmental impact will result from increased total exposure to
fluoride, well above the recommended allowances for children and adults,
if fluoridation of Port Angeles municipal water if effected.
A. Written Testimony
B. Exhibits
(1) Barbara A. Wilson- Background Statement
(2) HS Brown, et al., "The role of skin absorption as a route of
exposure for volatile organic compounds (VOCs) in drinking
water." American Journal of Public Health, Vol 4, Issue 5, 479-484,
1984 (Abstract)
(3) "Recommended total dietary fluoride intake", Table 2. Centers for
Disease Control at
http/www, cic.gov/mmwr/preview/mmwrhtmlS014a 1.htm
(4) Fluoride Abstracts 1963 - 1965 Department of Environmental
Health, Kettering Laboratory, College of Medicine, Univ of
Cincinnati, Ohio
6. Based on my knowledge and research, it is my opinion that the addition
of fluorosilicic acid to the Port Angeles Municipal Water System will
result in significant adverse environmental impact because it is a highly
toxic, impure and untested substance not essential for human
homeostasis or growth.
A. Written Testimony
B. Exhibits
(1) Eloise Kailin, MD - Background Statement
(2) PUD of Clallam County, Vol 1: System Analysis and Program
Summary, Sept 2003
(3) Letter dated Dec 21, 2000, from MK Plaisier, Assoc Commissioner
of Legislation, USPHS to Ken Calvert, Chairman, Subcommittee
on Energy and Environment Committee on Science, House of
Representatives (US)
(4) Shea JJ et al. Allergy to Fluoride. Annals of Allergy, Vol 25,
July 1967
(5) State of Wisconsin Circuit Court Fond Du Lac County, Safe Water
Assn, Inc, Plantiff vs. City of Fond du Lac, Defendant
{6) How Flouride Prevents and Controls Dental Caries, CDC
(7) Letter.dated Nov 18, 1998, from Gary O. Pittman to Congressman
or Senator
(8) Hileman B. New studies Cast doubt on fluoridation benefits.
Chemical & Engineering News, May 8, 1989
(9) RCW State of Washington
(10) Letter dated June 18, 1963, from ER Cooper, MD, Product
Information, Abbott Laboratories, Scientific Divisions to Dear
Doctor
7. The effect of adding fluorosilicic acid (FSA) to drinking water, as
proposed, will have a probable adverse impact on the human
environment because FSA is associated with accumulation of lead in
children.
A. Written Testimony
B. Exhibits
(1) Eloise Kailin, MD - Background Statement
(2) Masters RD, Coplan MJ. Toxicity of Silicofluoride Treated Water,
Health, and Behavior. Dartmouth College, Dept of Government,
Sept 26, 2002
(3) Newspaper article: City may add lime to water supply The Seattle
Times,.July 10, 1975
(4) Newspaper article: 70 Seattle schools to get bottled water
Peninsula Daily News, Dec 19, 2003
- (5) Newspaper article: Fluoride is corroding water pipes in
Auburndale, Florida News-Chief Winter Haven, 4/18/91
(6) Newspaper article: Lead leaching aggravated by chemicals,
Bedford Gazette, 5 / 15 / 93
8. Based on my research, it is my opinion that the fluorosilicic acid
proposed for injection into the Port Angeles water supply will significantly
and adversely impact the environmental health of hypersensitive Port
Angeles residents, as well as those presently evidencing fluoride
poisoning.
A. Written Testimony
B. Exhibits
(1) Barney Munger - Background Statement
(2) Taber's Cyclopedic Medical Dictionary, Edition 18, p. 938
(3) Zanfagna PE. Allergy ot Fluoride. Fluoride: Journal of the
International Societ!I for Fluoride Research, January 1976, Vol 9,
Issue 1, pp. 36-41
(4) deVos G et al. Effects of Fluoride and Mercury on Human
Cytokine Response In Vitro. Journal of AIlerg!t and Clinical
Immunolog!I, Vol 113, Supp 1, p. S66
(5) Statement of Fluoride Sensitivity - by Helen Sears
(6) Mosby's Medical, Nursing, & Allied Health Dictionary, 6th Edition
(7) Grimbergen GW. A Double Blind Test for Determination of
Intolerance to Fluoridated Water. Fluoride Vol 7, No. 3,
July 1974
(8) Public Comment to Brad Collins in response to Environmental
Checklist / WAC 197-11-960 / March 2004
(9) Myers N. The Precautionary Principle Puts Values First. Bulletin
of Science, Technologlt & Society. Vol 22, No. 3, June 2002,
pp. 210-219, 2002
9. In my opinion, based on the research that I have done, there will be a
certain significant adverse environmental impact for increased dental
fluorosis in children's teeth if the fluoridation project is implemented.
A. Written Testimony
B. Exhibits
(1) Mary Meyer - Background Statement
(2) Ermis RB, et al., "Dental caries and fluorosis in low-and high
fluoride areas in Turkey," Quintessence Int. 2003 May
10. In my opinion, based on research I have done, there will be a significant
adverse impact of increasing fractures of the bones if the plan to
fluoridate the drinking water of the City of Port Angeles is carried out.
A. Written Testimony
B. Exhibits
1. Murven R. Sears - Background Statement
2. Hip Fractures in the Elderly, CDC and Osteoporosis Centre in
Australia
11. In my opinion, based on research I have done, there will be an adverse
environmental impact of skeletal fluorosis including its pre-clinical
stages with its accompanying pain and stiffness.
A. Written Testimony
B. Exhibits
(1) Murven R. Sears - Background Statement
(2) Letter with enclosures dated November 19, 2003, from Michael
Connett to Susan Martel, Senior Program Officer, National
Research Council. Subject: Toxicologic Risk of Fluoride in
Drinking Water; BEST-K-02-05-A
12. In my opinion, based on my research, the fluoridation of Port Angeles
Municipal Water System will result in significant adverse environmental
impact due to damage to the central nervous system.
A. Written Testimony
B. Exhibits
(1) Murven R. Sears - Background Statement
13. Based on my research, it is my opinion that a significant adverse
environmental impact will result from increased risks of cancers and
related mortality if the proposed fluoridation program is implemented.
A. Written Testimony
B. Exhibits
(1) desse C. Wilson - Background Statement
(2) Grandjean P et al. Cancer incidence and mortality in workers
exposed to fluoride. JNatl Cancerlnst. 1992 Dec
16;84(24): 1903-9
(3) Connett, Michael. Fluoride & Cancer: New Report +
Background. Submission to NRC
14. Based on the research I have done, in my opinion, a significant adverse
environmental impact will result from injecting into the City's drinking
water, highly toxic flourosilicic acid, for little no dental health benefit.
A. Written Testimony
B. Exhibits
(1) Chris Byrnes - Background Statement
(2) Locker, Dr. David, Benefits and Risks of Water Fluoridation,
Community Dental Health Services Research Unit, Faculty of
Dentistry, University of Toronto, Nov 15, 1999
(3) Diesendorf, M The mystery of declining tooth decay. Nature
Vol 322, 10 Jul 86
(4) Kong, D Fluoridated Boston Experiencing "Dental Crisis"
Boston Globe, Nov 11, 1999
(5) Review of Fluoride, Benefits and Risks, p. 91, February 1991
15. Based on my research, I am of the opinion that a significant adverse
environment impact will result from the unnecessary injection of a
known toxin into the water supply that has shown little benefit in
preventing tooth decay in pits and fissures of the teeth where the
greatest percentage of cavities occur.
A. Written Testimony
B. Exhibits
(1) Barbara A. Wilson - Background Statement
16. Based on my investigations, I have come to the opinion that a
significant adverse environmental impact will occur from the
unnecessary injection of a known toxin into the water supply that has
shown no significant benefit in reducing Baby Bottle Tooth Decay
(BBTD).
A. Written Testimony
B. Exhibits
(1) Barbara A. Wilson - Background Statement
(2) Childhood Dental Caries, The Health of Washington State, June
1998 Addendum
17. In my opinion, based on the research that I have done, I believe xylitol
is a safer, more effective approach to improving oral health than
artificial water fluoridation.
A. Written Testimony
B. Exhibits
(1) Christine Jacobson -Background Statement
(2) NIH Denver Public Hearing, NATIONAL ORAL HEALTH CALL TO
ACTION, Testimony by June Allen
(3) 'Frequently Asked Questions" from Xylitol's Role in Evidence
Based Dentistry - Handouts
(4) "Cavity StoPpers Oral Health Maintenance Systems Introductory
Letter Child" from XjjlitoI's Role in Evidence Based Dentistry-
Handouts
¢lallam County Department '
Health and Human Services
223 East 4th Street, Suite #14 (Z~'ort Angeles, WA 98362-3015 F~60-417-2274 EEFAX: 360-417-2519
'~,/../UM ~4 9
t~ECEIYEC.
JUL 2 8 2004
.luiv 26, 2004
Mayor Richard Headrick
Port Angeles City Council
321 East Fifth Street
Port Angeles, WA 98362
Dear Mayor Headrick,
In February of 2003. the Clallam County Board of Health expressed its support for the Port Angeles City
Council's decision to fluoridate its municipal water system. One year later, in February of 2004, the Clallam
County Board of Commissions enacted an ordinance expanding the Board of Health from 3 to 7 members. New
members were appointed to represent cities, hospital districts, and the general public. This newly expanded
Board decided to reaffirm its support for the City of Port Angeles' wise and courageous decision to adopt
community water fluoridation as a public health strategy.
At thc June 15. 2004 meeting of the Clallam County Board of Health, Board members unanimously approved
resolution that reads:
Resolved, the Clallam County Board of Health reaffirms its support of community water fluoridation as
a sate and effective public health strategy to reduce dental decay. The Board commends the Port Angeles
City Council for their decision to supplement the fluoride content in the City's public water system to
better protect the oral health of its users.
Thc Board of Health values its relationship with the Port Angeles City Council in pursuit of our mutual goal of
protecting and improving public health by maintaining a healthy water supply for the citizens we serve. Thank
you/hr your ongoing efforts in making this goal a reality.
Stephen P. Tharinger
Chair, Clallam County Board of Health
WASHINGTON, U.S.A.
MEMO
Date: July 14, 2004
CITY ATTORNEY
To: City Council
William E. Bloor Mike Quinn, City Manager
City Attorney Becky Upton, City Clerk
[4531]
Dennis Dickson From: William E. Bloor, City Attorney
Sr. Assistant City
Attorney Subject: Fluoride DNS Appeal - Procedure
[4532]
Candace Kathol The Fluoride DNS appeal hearing will be conducted on July 28 and 29. Time allotted:
Legal Assistant 6 PM to 10 PM each evening.
[4536]
This is a quasi-judicial proceeding that must be conducted with fairness and procedural
Diana Lusby due process for both sides.
Legal Administrative
Assistant
[4530] Each side has submitted documents for review by the City Council. Copies of all
documents have been compiled and made available to each Council Member. You
Jeanie DeFrang may review them at any time now.
Legal Administrative
Assistant
[4530] Each side has submitted its witness list. Copies are included with this packet.
Teresa Pierce In addition, each side has filed some written testimony. It was not mandatory that any
Legal Records Specialist written testimony be filed in advance of the hearing. Copies of the written testimony
[4576] have been compiled and made available to each Council Member. You may review
that at any time now.
Each side will have 3 hours to present its case. Becky, as the City Clerk, will keep
time. The time charged against a side will be determined by which attorney is speaking.
The Appellants have the burden of proof, and they will proceed first.
That is, the Appellants may make an opening statement. If they make an opening
statement, the time used will be charged against the Appellants' 3 hours. If the City-
respondent makes an opening statement, that time will be charged against the City's
3 hours.
The Appellants will then call their first witness, and the time used for the direct
examination of the witness will be charged against the Appellants' time. If the City
Memo to City Council, Mike Quiim, Becky Upton Page 2
Re Fluoride DNS Appeal
July 14, 2004
then cross examines that witness, that time will be charged against the City. The time-
keeping will proceed back and forth in that fashion.
The Appellants will call their witnesses, and the City may cross-examine each in mm.
When the Appellants rest its case, the City might make motions that must be
determined by the Council before proceeding.
If the case continues, the City will call their witnesses, and the Appellants may cross-
examine each in turn.
The Council has the right to ask questions and time taken for that purpose will not
count against either side.
At the conclusion of the City's case, the Appellants may be allowed an opportunity to
present rebuttal evidence.
At the conclusion of the evidence, each side may be allowed time for closing
arguments.
The City Council, and not the attorneys, has ultimate control over the procedure of the
hearing. The only caution is that the hearing procedure must always satisfy basic
standards of fairness and due process. The hearing must be procedurally fair and it
must be conducted by impartial decision makers.
NOTE: There is one procedural point that might be a concern. In his witness list
Gerald Steel lists himself as a professional engineer and states that he will be sworn "as
a witness for any facts that he might relate." This is not usual. Ordinarily a lawyer
representing a party in a contested action is not allowed to be a witness. If he is a
witness, it should be in the same setting as other witnesses, i.e. he should be subject to
cross-examination and not permitted to inject his testimony at any point during the
hearing. Further, the fact that he may be a professional engineer does not by itself
qualify Mr. Steel as an expert on fluoride, and so he might not be qualified as a witness
at all.
If you would like to discuss any of these issues, please feel free to contact me.
William E. Bloor
City Attorney
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pORTANGELES
WASHINGTON, U.S.A.
MEMO
CITY ATTORNEY Date: July 27, 2004
William E. Bloor To: City Council
City Attorney Mike Quinn, City Manager
[4531] Becky Upton, City Clerk
Dennis Dickson
Sr. Assistant City From: William E. Bloor, City Attorney
Attorney
[4532] Subject: Fluoride DNS Appeal - Appearance of Fairness Doctrine-Fair
Candace Kathol Hearing Rules
Legal Assistant
[4536]
The fluoride hearing is a quasi-judicial hearing. That is, while the City Council is
Diana Lusby considering the fluoride appeal it is acting in the role a judge would fill in a court
Legal Adnfinistrative
Assistant action. Washington state has long recognized a set of rules, generally ~known as the
[4530] Appearance of Fairness Doctrine, to govern Council member conduct in these
situations. These rules apply now and will continue to apply until the Council has
Jeanie DeFrang made its final formal decision in the fluoride appeal.
Legal Administrative
Assistant
[4530] The Washington Supreme Court has summarized the doctrine as follows: "Whenever
the law requires a hearing of any sort.., it means a fair hearing, a hearing not only fair
Teresa Pierce in substances, but fair in appearance as well."
Legal Records Specialist
[4576] As with most broad rules, this one has many details and fine distinctions. For the
purpose of this memo it is not necessary to discuss every one of them. It should be
sufficient that Council members are aware of the doctrine and the basic rules. That
way, if any party raises a question about the doctrine, you can be prepared.
The first basic rule is that Council members should not have ex-party contact with
opponents or proponents during the pendency of the hearing. In fact, from this point
forward, and until the Council makes its formal decision, you should not discuss the
merits of the hearing with anyone except other Council members.
Second, deliberations should be conducted much the same as a jury deliberations:
discuss the case only among yourselves and only during formal deliberations. Do not
discuss the case outside formal deliberations or with any other persons.
Memo to City Council, Mike Quinn, Becky Upton Page - 2
Re: Fluoride Appear. of Fairness Doctrine & Fair Hearing Rules
July 27, 2004
Third, the doctrine requires that Council members not pre-judge the merits of the case.
Do not make any statements that could suggest you have pre-judged the case.
Another basic rule is that you cannot have any personal benefit or business interest in
the outcome of the case.
Deliberations on quasi-judicial hearings are exempt from the Open Public Meetings
Act. Therefore the deliberations need not be opened to the public.
As for procedure, if there is a problem with the Appearance of Fairness Doctrine, the
law requires that the Council member either (1) not participate and leave the room or
(2) announce the problem and allow any of the participants to object.
Washington state recommends that, prior to opening the hearing, the Mayor inquire
if any Council members have a conflict of interest or appearance of fairness problem.
If so, that would be the time for any Council member to excuse himself or herself from
the proceeding or to declare the problem and allow for any objections.
The State procedure also suggests that the Mayor ask the participants whether they
have any objections based on the Appearance of Fairness Doctrine. However, that
inquiry could potentially cause a lengthy diversion away from the merits of the hearing
into procedural matters. This is, no doubt, well intended, but it is a recommendation.
It is not a legal requirement.
This memo is intended to provide a brief reminder of the rules that will apply during
this hearing. At this date I am not aware of any problems or issues. If you do have any
questions or concerns or would like additional information, please feel free to contact
me at Y0U1 convenience.
William E. Bloor
City Attorney
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