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HomeMy WebLinkAboutAgenda Packet 07/29/2004 pORTANGELES CITY COUNCIL SPECIAL MEETING WASHINGTON, U.S.A. July 29, 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 V Staff Present: Manager Quinn Attorney Bloor Clerk Upton B. Collins M. Connelly G. Cutler D. McKeen T. Riepe Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: CITY COUNCIL SPECIAL MEETING Attendance Roster DATE OF MEETING: July 29, 2004 LOCATION: City Council Chambers pORTANGELES WASHINGTON, U.S.A. Date: August 2, 2004 To: File CITY ATTORNEY From: William E. Bloor, City Attorney William E. Bloor City Attorney [4531] Subject: Fluoridation Appeal Hearing on July 28 & 29, 2004 Dennis Dickson The Mayor called the meeting to order at 6:05 pm on Wednesday July 28th. Those in Sr. Assistant City attendance at the hearing included: Attorney .... (Mayor, Council, City Manager Michael Quinn, City Attorney William E. [4532] Bloor, Director of Public Works, Glenn Cutler, City Clerk, Becky Upton, Time Candace Kathol Keepers Dan McKeen and Ed Schilke) Legal Assistant [4536] The Mayor advised that this meeting of the City Council is a quasi-judicial hearing Diana Lusby pursuant to RCW 42.30.140(2) devoted exclusively to hearing an appeal of a Legal Administrative Determination of Non-Significance (DNS) issued by the Responsible SEPA Official Assistant for the City of Port Angeles in connection with a proposal to fluoridate the City's [4530] municipal water supply. Jeanie DeFrang The Mayor then asked the City attorney to provide a brief explanation of the quasi- Legal Administrative Assistant judicial hearing process, the appearance of fairness and fair hearing rules that apply to [453o] it. The Attorney did so. Teresa Pierce The Mayor then asked the Council members whether any of them had a conflict of Legal Records Specialist [4576] 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. None did. The Mayor then asked the attorneys for the appellant and for the respondent whether they had any objection to any Council member hearing and participating in the determination of the appeal. Neither attorney raised any objection. The appellant was represented by Mr. Gerald Steel. The respondent was represented by Craig Knutson. The Mayor, Mr. Steel, and Mr. Knutson then discussed procedure for the hearing. All agreed that each side would have 3 hours to present its case. Opening statements would be included within the 3 hour time limit, but closing argument would not. It was further agreed that the appellant has the burden of proof and would go first. All of the appellants' witnesses would testify. Then all of the respondent's witnesses would testify. Then each side would have an opportunity to cross examine the others' Date: August 2, 2004 Memo to File Re: Fluoridation Appeal Hearing of July 28 & 29, 2004 Page 2 witnesses. Then each side would have an oppormnityto present rebuttal witnesses, and finally the Council would have an opportunity to ask questions or any of the witnesses. Having agreed on those procedural issues, Mr. Steel began the opening statement for appellants at p.m. Mr. Steel concluded his opening statement at p.m. Mr. Knutson then made an opening statement on behalf of the respondent. His opening statement concluded at p.m. Then followed another brief discussion of procedural issues. The Mayor advised that either party was free to file a brief at any time prior to the final decision being entered bythe 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 3 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. The Mayor granted that request. Then all witnesses were sworn. The Mayor asked all witnesses en masse to stand and swear or affirm that they would tell the truth while testifying in this case. At__ p.m. the appellant then called Paul Lamoureux. Mr. Lamoureux read into the record a summary of his testimony. Upon request from the respondent's attorney, Mr. Lamoureux delivered a copy of his written statement to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Helen Sears. Ms. Sears read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Barbara Wilson. Ms. Wilson read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Dr. Eloise Kailin. Dr. Kailin read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ Date: August 2, 2004 Memo to File Re: Fluoridation Appeal Hearing of July 28 & 29, 2004 Page 3 p.m. At __ p.m. the appellant then called Barney Munger. Mr. Munger read into the record a summary of his testimony. A copy of his written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Mary Meyer. Ms. Meyer read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Murv Sears. Mr. Sears read into the record a summary of his testimony. A copy of his written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At__ p.m. the appellant then called Jesse Wilson. Mr. Wilson read into the record a summary of his testimony. A copy of his written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Chris Byrnes to testify. His testimony was concluded at __ p.m. At__ p.m. the appellant then re-called Barbara Wilson. Ms. Wilson read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called Christine Jacobson. Ms. Jacobson read into the record a summary of her testimony. A copy of her written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. At __ p.m. the appellant then called JeffGreen. Mr. Green read into the record a summary of his testimony. A copy of his written statement was delivered to the City Clerk for inclusion in the record. The testimony was concluded at __ p.m. The appellant then rested its case. The City then began direct examination of its witnesses. The City first called Brad Collins. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Molly Adolfson. She began her direct testimony at Date: August 2, 2004 Memo to File Re: Fluoridation Appeal Hearing of July 28 & 29, 2004 Page 4 p.m. Her direct testimony was concluded at p.m. The City then called Ann Root. She began her direct testimony at p.m. Her direct testimony was concluded at p.m. The City then called Phil Martinez. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Steve Sperr. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Dr. Scott Kennedy. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Dr. Todd Irwin. He began his direct testimony at p.m. His direct testimony was concluded at p.m. At 10:30 p.m. the Mayor continued the hearing to 6:00 p.m. on Thursday, July 29th. At 6:05 p.m. on Thursday, July 29th the Mayor called for the hearing to resume and for the respondent to continue direct examination of its witnesses. The City then called Dr. Steve Chapman. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Dr. Richard Pleus. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The City then called Dr. Tom Locke. He began his direct testimony at p.m. His direct testimony was concluded at p.m. The direct examination of the respondent's witnesses concluded at 7:10 p.m. The respondent rested its case. The respondent then began cross examination. Respondent cross examined Christine Jacobson at__ p.m. The cross examination concluded at __ p.m. Respondent cross examined Murv Sears at __ p.m. The cross examination concluded at __ p.m. The respondent then concluded its cross examination. Date: August 2, 2004 Memo to File Re: Fluoridation Appeal Hearing of July 28 & 29, 2004 Page 5 The appellant began cross examination at p.m. The appellant cross examined Brad Collins at__ p.m. The cross examination concluded at__ p.m. Appellant cross examined Dr. Todd Irwin at __ p.m. The cross examination concluded at __ p.m. Appellant cross examined Molly Adolfson at __ p.m. The cross examination concluded at __ p.m. Appellant cross examined Ann Root at__ p.m. The cross examination concluded at __ p.m. Appellant cross examined Dr. Richard Pleus at __ p.m. The cross examination concluded at __ p.m. Appellant cross examined Dr. Tom Locke at __ p.m. The cross examination concluded at p.m. Dr. Richard Pleus was the final witness to be cross examined by the appellant. The cross examination began at p.m. and concluded at p.m. The appellant then recalled Jeff Green as a rebuttal witness. Mr. Green's testimony began at p.m. and concluded at p.m. The Mayor called a one-half hour recess. The Mayor announced that after the recess he would allow 20 minutes of questions by Council members, then 20 minutes to the appellant for closing, and 20 minutes to the respondent for closing. The Mayor re-opened the hearing at p.m. Councilman Williams advised that he had questions. He did ask questions of Brad Collins, Molly Adolfson, Barbara Wilson, Dr. Todd Irwin and Dr. Steve Chapman. No other Council members had questions. The Mayor then advised Mr. Steel that he would have a total of 20 minutes for closing on behalf of the appellant and the time could be used in any manner desired by Mr. Steel. Mr. Steel then began his closing argument at__ p.m. Mr. Steel concluded his closing argument at __ p.m. The Mayor then advised the respondent that it would have 20 minutes for closing. Mr. Knutson began his closing argument on behalf of the respondent at __ p.m. He concluded his closing argument at __ p.m. The Mayor then announced that the proceeding would be continued to 4:30 p.m. on Date: August 2, 2004 Memo to File Re: Fluoridation Appeal Hearing of July 28 & 29, 2004 Page 6 Tuesday, August 3, at which time the Council would commence deliberations. Deliberations would not be open to the public. The Mayor further announced that in any event no decision or comment regarding the status of the deliberations would be announced prior to 6:00 p.m. on Tuesday, August 3rd. William E. Bloor City Attorney cc: Becky Upton, City Clerk WEB:dl G:kLEGALWIEMOS.2004kFile. FluorideHearingNotes-7 -28&29-04.wpd  ~ITy